Unregulated Accommodation: 16 to 17-year-olds

Kerry McCarthy Excerpts

Tuesday 15th October 2019 Commons Chamber

[Andrew Selous]

The hon. Lady is absolutely right. Why should the duty of care fall only on the police and not on the sending local authority or on the home itself? She makes a pertinent point.

It is also completely unacceptable how little information is shared between sending and receiving local authorities, and between sending and receiving police forces. All local authorities have a statutory duty to check the standard of provision in which they are placing their vulnerable 16 and 17-year-olds.

Thirty-four locations in Bedfordshire are providing unregulated supported living for 16 and 17-year-olds. Central Bedfordshire Council has a quality assurance manager, Sharon Deacon, who will not place the council’s own children in many of those homes, and her role has been commended by the Howard League for Penal Reform.

It is extraordinary that other local authorities continue to use much of this provision when Central Bedfordshire Council will not place its own children in these unregulated homes. Those sending local authorities, in many cases, do not even bother to check whether the provision is suitable, which is vital. Sharon Deacon has conferred with her counterparts at Bedford Borough Council and Luton Borough Council, and sending authorities do not always notify the hosting local authority in Bedfordshire about the children they are sending to the county, as required by the Care Planning, Placement and Case Review (England) Regulations 2010, so the current law is not being adhered to and there are no checks or enforcement actions in respect of those breaches.

[Kerry McCarthy (Bristol East) (Lab)]

The hon. Gentleman is being generous in giving way, and he raises some important points. For some time I have been pushing for a regulator of supported housing for people with addictions and the homeless. I have a high-profile property in my constituency where, again, the local council does not send people but outside local authorities do.

I have secured a meeting with the Minister soon, and I am working with my hon. Friend the Member for High Peak (Ruth George). I would appreciate it if we all worked together on this issue.

[Andrew Selous]

I look forward to working with Members of good will on both sides of the House to get this right. This is not a party political issue, and we just have to get it right for children, for police forces and, frankly, for the taxpayer.

Sending police forces do not notify Bedfordshire police of the criminal records of the children concerned. One young arsonist was sent to my constituency without any prior notification to Bedfordshire police, which is simply unacceptable. There should be a full exchange of information between both local authorities and police forces on the quality of provision and the children concerned.

The Select Committee on Education published a report on 16-plus care options in July 2014, and it made the following recommendation:

“There are measures to ensure the quality and safety of settings for children and young people right across provisions: childminders, foster carers, residential children’s homes, secure training centres, schools, sixth form colleges and further education colleges are all inspected. Yet accommodation that falls within the category of ‘other arrangements’ is not subject to individual regulatory oversight. What makes this distinction all the more illogical is that the 22% of looked after 16 and 17 year olds who live in such accommodation are among the most vulnerable young people in society. It is unacceptable for these young people, still legally defined as ‘children’ and in the care of their local authority, to be housed in unregulated settings.

We recommend that the DfE consult on a framework of individual regulatory oversight for all accommodation provision that falls within the category ‘other arrangements’ to ensure suitability while allowing for continuing diversity of provision.”

The Government of the time did not accept that recommendation, but I am hopeful that the current Government will because members of the Select Committee who wrote that report include the Foreign Secretary, the Minister for Universities, Science, Research and Innovation and the Under-Secretary of State for International Trade, my hon. Friend the Member for Beverley and Holderness (Graham Stuart).

Five and a half years later, progress on this issue has been too slow. The Department for Education met Ofsted and the Society of Local Authority Chief Executives and Senior Managers on 13 December 2018, and I met the previous Children’s Minister, accompanied by the assistant chief constable of Bedfordshire police and officers from Central Bedfordshire Council, on 27 February 2019. I had a follow-up meeting with the Minister, accompanied again by the assistant chief constable, on 24 June, and I know that Sir Alan Wood hosted a roundtable to look at this issue on 11 September. It is now time to act, as we have all the evidence we need that local authorities are unwilling or unable to provide the necessary level of scrutiny of these unregulated homes.

Many providers of unregulated accommodation have been allowed to get away with unacceptably low standards, which have horrific consequences for some of the country’s most vulnerable children, because of a lack of scrutiny. Given that the current attempts to ensure standards have failed, it is now time for Ofsted to provide proper regulatory oversight. We also urgently need a fit and proper person test, so that the directors of the businesses that run these homes can be held to account personally. We need a duty on sending local authorities and police forces to notify receiving local authorities and police forces.

Of course, we need to work on providing more good- quality provision, especially for those with complex needs. The Local Government Association reports that the number of looked-after children reached a new high of 75,420 in 2017-18. That is an average of 88 children entering local authority care every day. A rising proportion are over 16—the figure was 23% in 2018, which was 17,330 children. The LGA also points out that only 28% of accommodation is local-authority-run, with 5% being run by the voluntary sector and two thirds provided by the private sector. This means that as the scale of need grows, it becomes even more urgent to rapidly improve the quality and quantity of provision.

We should mandate the implementation of the Philomena protocol brought in by Durham police to provide police forces with the very best information to help them quickly locate missing children. I am also grateful to Home for Good for its suggestions as to how we could encourage more fostering for these children, as exemplified by its own work, and to the Shared Lives movement for the example it provides. Of course, as always in these difficult matters of social policy, we need to think about what more we can do to slow down the demand and to provide greater support for families so that they can continue to be able to look after challenging children.

In that regard, I wish to single out the work of Wigan Council, which no longer places any of its children outside its own area. I am very grateful as well to the all-party group on runaway and missing children and adults for its report last month on children who go missing from out-of-area placements. The Children’s Society provided very valuable support for that inquiry, and I am grateful to it for its help with my preparation for this debate.

As a nation we need to do far more to support and strengthen families to help them keep children safely at home, and I am pleased that this Government have now appointed the Chief Secretary to the Treasury as the family champion across government. It is now high time to take decisive action to improve the standard of accommodation for 16 and 17-year-olds, as the Select Committee called for more than five years ago.

No-deal Brexit: Short Positions against the Pound

Kerry McCarthy Excerpts

Monday 30th September 2019 Commons Chamber

[Mr Clarke]

The Prime Minister has the moral courage to deliver on the referendum result, take our country forward, deliver what millions of people voted for and make our country a better place to live. If we are going to exchange quotes, let me quote a bit more from the article:

“In short, there is no evidence that the hedge funds that have backed Johnson’s election campaign have ‘millions of pounds’ of speculative bets on no-deal Brexit. They have millions of pounds of speculative bets on UK companies, yes, but that is simply business as usual.”

[Kerry McCarthy (Bristol East) (Lab)]

The reason why this is not business as usual is that we are faced with Government Ministers who have close connections with and financial interest in some of the speculative funds and who are making a decision that would have catastrophic consequences for my constituents and for businesses in my constituency, and there is no transparency as to the closeness of that relationship. It cannot be divorced from what is going on in this place, which is why the Minister needs to agree to the requests for an inquiry. We need to get to the bottom of this.

[Mr Clarke]

The Government are doing what they are doing because we believe it is right to leave the European Union on 31 October, as we all promised that we would. That is absolutely what animates our actions; any suggestion to the contrary is not just wrong but offensive.

Animal Welfare (Sentencing) Bill

Kerry McCarthy Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Wednesday 10th July 2019 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

I start by paying tribute to my hon. Friend the Member for Redcar (Anna Turley). I am not very good at doing the more emotional stuff—perhaps it is the former lawyer in me—but I must admit that when she was talking about what had happened to Baby the bulldog, I found that very difficult to listen to; I think we all did. That is particularly because when I was growing up our family had a bulldog called Buster, who was a very fine dog, much loved and spoilt by all of us. The idea that somebody could treat a bulldog, or indeed any living creature, in that way, film themselves doing it and relish that experience, is terrible. As my hon. Friend said, it was purely by chance that the perpetrators were ever apprehended and prosecuted. I was going to say “brought to justice”, but I think we can all agree that they were not really brought to justice, given the lenient sentence that the courts were forced to impose.

I very much welcome the fact that this Bill is being brought forward today. As we have heard, it has taken far too long. My hon. Friend brought forward her private Member’s Bill in 2017. We have not had an adequate explanation as to why the Government objected to that legislation. We then had pre-legislative scrutiny on the EFRA Committee. It was clearly not the sort of legislation that had to go through pre-legislative scrutiny—it was a very simple Bill. The argument now being used is that, because it has taken so long and we are about to adjourn for the summer recess, it is important that this Bill goes through with very little scrutiny and without any amendments—that it should just be raced through.

If there has been a delay, that is the Government’s fault. That cannot be used as a reason not to try to explore some broader issues, particularly my hon. Friend’s suggestion that we should look at introducing a more severe penalty for those who have filmed themselves indulging in such cruelty, which betrays the particular mindset of the individuals involved. I hope that we can have a fully fleshed out discussion in Committee of the issues involved, but I am very keen to see this Bill on the statute book as soon as possible.

Possibly one of the reasons why the Bill went to pre-legislative scrutiny in the EFRA Committee is that it was at the time paired with the sentience issue. Again, that was a very short Bill; there was one paragraph on sentience. As my hon. Friend the Member for Workington (Sue Hayman) said, I have introduced a ten-minute rule Bill on sentience. When the Minister appeared in front of the Select Committee, he said that the Government were looking for a suitable vehicle to bring the sentience proposal forward. As the hon. Member for Southend West (Sir David Amess) said, there has been so much time in which we could have done so. Yesterday, when I went into the Division Lobby to vote, I found myself not quite remembering what to do, because it had been so long since I had done it. I stood there looking at the Division Clerk and thought, “Oh yes, I am meant to give them my name!”

We have not been dealing with legislation and voting. Most of this type of legislative stuff could be dealt with in one day, yet the Government have almost had to be dragged kicking and screaming to bring forward measures such as those on wild animals in circuses, which took eight years to get to this place and is pretty much uncontroversial, as is this Bill. I do not see why that took so long. Finn’s law is great, but that process went on for quite a long time, as did the legislation on third-party puppy sales and CCTV in slaughterhouses. If we did nothing else but simple animal welfare measures, as the hon. Member for Southend West said, we could come up with a whole list of them to keep us occupied while we were waiting for the Brexit impasse to be resolved. To buy off a rebellion on the European Union (Withdrawal) Act 2018, this House was promised in late November or early December 2017 that sentience would be legislated for before we left the EU. If the amendment in question had been pushed to the vote, I think the Government would have been in serious difficulties. They are therefore under a moral responsibility to bring forward this legislation as soon as possible.

The debate so far has been mostly about dogs and domestic animals; there has not been much discussion of farm animals. I get quite impatient when I hear it so often stated that we are a nation of animal lovers. That seems to show a degree of complacency and self-congratulation, because there have been absolutely horrific exposés by undercover investigations of what is going on, even in high-welfare farms. For example, Animal Equality brought a case to court fairly recently after it had gone undercover and filmed workers at Fir Tree farm in Lincolnshire kicking pigs in the face, jabbing them with pitchforks and slamming gates on their heads. At the beginning of this year, they received an eight-week suspended sentence and 100 hours’ community service. There does seem to be a bit of disconnect. Pigs are very intelligent animals. I can see why people perhaps feel more empathetic about cruelty to pets because there is a direct relationship, but if people are going to eat meat, we have a duty to respect the animals in the food chain. Those people should certainly have had much longer sentences, and it should not have been left to an organisation such as Animal Equality to do undercover investigations to reveal the case.

Animal Equality has also just revealed footage from a chicken farm that supplies Nando’s, Lidl and Asda—it is very much part of our mainstream food chain. The chickens were kicked and abused on the farm. They were stepped on, which broke their necks. Again, this was a red tractor farm. Whenever those responsible for the red tractor scheme are put on the spot, they say that it is a one-off, and the reason why animal welfare groups such as Viva! or Animal Equality went into those farms is that rumours had been heard about them, and these are the rogue guys; they are not indicative of what is happening across the piece. However, if we look at what Viva! discovered about the way that pigs were being treated on Hogwood farm, it seems that this is just the tip of the iceberg. If these are the higher welfare farms, what is going on at the farms that do not have a red tractor mark? We need to do far more to investigate standards on our farms and in slaughterhouses. I know that there is now CCTV in slaughterhouses, but there have been horrific stories.

I am keen for the Bill to go forward, and I do not want to delay it, but there is scope to look at some amendments. The Minister has said that there might be a larger piece of animal welfare legislation, or it might be tied into the environment Bill or the agriculture Bill—I have heard lots of different rumours about what might be coming forward. I urge him to look at issues such as live exports. I do not understand why a ban would only be on live exports for slaughter and not fattening. I do not see the difference, because the cruelty is in the journey that the animals have to take.

We need to look at vivisection. The number of animal experiments continues to rise. I am not opposed to genuine scientific advances or genetic research, but so many of these experiments are totally unnecessary. If we leave the EU and its chemicals testing regime, we could find that we are doing far more duplicate animal experiments, and we need to be more serious about reducing those numbers.

The final point that I want to make is about shooting. We heard recently, as a result of inquiries that I made with the League Against Cruel Sports, that 27 million game birds are being imported into the UK to be shot for so-called sport each year. They are raised on factory farms in France, Spain, Portugal and Poland with standards that we would not accept. Regardless of what we think about shooting birds for sport, we should be challenging the likes of Eurotunnel for bringing in so many of these birds to facilitate a very cruel pastime. We certainly ought to be looking at the conditions in which the animals are transported. If we are going to have a shooting industry, I do not see why we cannot insist that either the birds are raised in this country or eggs are imported, rather than live animals.

There is a lot more to do. I welcome the Bill, and I am hoping to serve on the Bill Committee. I hope that we can get it passed into law before too long. Once the Minister has got this out of the way, there are many other things on his to-do list to turn to.

--- Later in debate ---

[Dr Coffey]

I entirely agree with the hon. Lady’s point, which is why I am sure the House welcomes what she has said and also the progress on the Bill.

The hon. Member for Redcar referred to filming and to making this an aggravating factor. I think this is a very useful point, and we will certainly raise it with the independent Sentencing Council. As I have said, it has already indicated that it will consider and revise the guidelines once this Bill has become legislation.

One of the things my hon. Friend the Member for Southend West mentioned was enforcement. Under the Animal Welfare Act 2006, it is for local authorities, the Animal and Plant Health Agency and indeed the police, which all have powers of entry, to inspect complaints of suspected animal cruelty and take out prosecutions, where necessary. It is for local authorities to make decisions about what they consider to be local priorities, rather than for the Government to decide. However, it is important that local authorities have the opportunity, as they do now, to continue to work in close partnership with others. We know that the RSPCA does investigate allegations of cruelty. It has successfully prosecuted between 800 and 1,000 people on average every year, and in doing that, it does a very valuable job.

My hon. Friend the Member for Clacton (Giles Watling) mentioned the impact of animals being held in kennels. I think it is fair to say that we do not necessarily expect a large number of cases to come before the Crown court, where the issue about the length of time may arise. At present, we estimate that about 25 cases that would previously have been held in the magistrates courts may well now be held in the Crown court. However, we consider that only a very small number of animals may need to be held in kennels for an extended period.

We cannot say from the Dispatch Box today precisely what decisions will be made about which animals would need to be taken away from the owner while somebody is awaiting sentencing, and such an action would not necessarily follow. However, it is also important to state that the Animal Welfare Act has provisions that allow a court to disqualify anyone from having animals, if necessary for life, if they have been convicted of an offence.

The court can also issue orders under section 3(6)(b) of the Bail Act 1976 to prevent the commission of further offences while on bail. The courts can make the sale of existing animals, and indeed a prohibition on owning animals, a condition of a defendant’s bail. It is important to stress that courts already have the power not only to prevent people on trial for animal welfare offences from acquiring new animals, but to remove the animals they already have. I do not believe we need further legislation to bring that about.

On what was said by the hon. Member for Bristol West, this legislation does apply to farmed animals. It is about animals that are under the care and protection of humans. I am pleased that she recognises the things we have done on animal welfare.

[Kerry McCarthy]

rose—

[Dr Coffey]

I appreciate that the hon. Lady wants to intervene, but if she will allow me to say a few more things—

[Kerry McCarthy]

Will the Minister give way on a point of clarification?

[Dr Coffey]

I am going to try to answer the points the hon. Lady made, and I have said that I would then give way.

We have made CCTV mandatory in slaughterhouses in England, as she has pointed out. As she is aware, we are considering carefully the export of live animals. The Farm Animal Welfare Committee has recently submitted its advice on the welfare of animals in transport, which includes advice on controlling live exports—not only to the Government, but to the devolved Administrations. We are considering that carefully, and we aim to publish it with a Government response in due course.

[Kerry McCarthy]

All I wanted to say was that the Minister has twice referred to me as the Member for Bristol West, and I am the Member for Bristol East. I would have thought she would know that by now, because we do tend to go head-to-head rather a lot.

[Dr Coffey]

I do apologise. The hon. Member for Bristol East (Kerry McCarthy) was not here at the start of the debate, and I thought my hon. Friend the Minister had referred to her as the Member for Bristol West, but I do apologise.

On the other issues that have been raised, I was pleased to hear from the Members who made contributions today. A number of interventions were made by my hon. Friends the Members for North Herefordshire (Bill Wiggin) and for Tiverton and Honiton (Neil Parish), and my right hon. Friends the Members for Wokingham (John Redwood) and for Rayleigh and Wickford (Mr Francois), as well as by the SNP spokesperson on these matters, the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron). It is important that we continue to make good progress in Committee, so that we can bring this Bill swiftly back to the House and it can make its way to the other place. With that, I commend this Bill. The Bill represents the fact that we are a nation of animal lovers, and it certainly reinforces that.

Question put and agreed to.

Bill accordingly read a Second time.

Animal Welfare (Sentencing) Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Animal Welfare (Sentencing) Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 25 July 2019.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Mike Freer.)

Question agreed to.

Oral Answers to Questions

Kerry McCarthy Excerpts

Tuesday 2nd July 2019 Commons Chamber

[Jesse Norman]

I am sure the hon. Gentleman will be aware that there is only about a 10% compliance rate with proper tax payable in this sector. He should therefore be applauding, as I am, the means to raise the level of compliance. In many ways, this is a simplification of the rules, which is being carefully and deliberately handled.

[Kerry McCarthy (Bristol East) (Lab)]

8. What recent representations he has received from the Secretary of State for Education on the level of Government funding for early years education.

[The Chief Secretary to the Treasury (Elizabeth Truss)]

I regularly meet the Secretary of State for Education to talk about education funding. This issue will be settled as part of the spending review.

[Kerry McCarthy]

I hope the Chief Secretary has learned from those conversations and will go out to talk to early years providers. The shortfall in funding is having a huge impact. I visited a nursery in my constituency recently and it is clear that it is the staff who are bearing the brunt of it. They are on only just above minimum wage. I cannot help thinking that if the people working there were not women perhaps their work would be valued more. Will she ensure that she makes representations, when the spending review comes, on lifting the freeze?

[Elizabeth Truss]

I point out to the hon. Lady that we are spending a record amount on childcare and early years support—£6 billion a year, which is £700 million more than in 2015—but of course we will look at representations as we go forward into the spending review and make sure we treat all parts of education fairly.

Co-operative and Mutual Businesses

Kerry McCarthy Excerpts

Thursday 27th June 2019 Commons Chamber

[Gareth Thomas]

I was about to say something that I hope my hon. Friend will be able to support even more wholeheartedly. I have always believed that co-ops and mutuals are the future: that they spread wealth and power more fairly, that they strengthen British-owned business, that they provide competition and choice for consumers in a range of critical markets, that they create diversity and enterprise, that they take a long-term view, and that they are a counter to the short-termist, riskier business models loved by City editors. We in this great Chamber should surely be able to allow our communities to direct and influence the economies that surround them and on which they depend.

[Kerry McCarthy (Bristol East) (Lab)]

Will my hon. Friend join me in supporting agricultural co-operatives, which play an important role in trying to bring about more sustainable, locally connected food and farming systems? Does he share my disappointment that countries such as the Netherlands and France have far more of them than we currently have in the UK?

[Gareth Thomas]

I absolutely endorse my hon. Friend’s comments. I know that fisheries co-ops are another part of the sector in which she is interested. They, too, make a huge contribution, and could do a lot more with a little more help.

The economy is not some separate space to be run only by so-called management experts on grotesque levels of pay who can continue to ignore the rest of the country. Why should our neighbours, our friends and those we see at the school gate not have a say in how businesses and services on which they depend are run? They are allowed a say in political decision making, so why should they not be allowed a say in the businesses that they work in or depend on? Co-ops and mutuals can be life-changing and transformative, and the Government and the other Opposition parties should join Labour in committing themselves to double the size of the sector from between 4% and 5% of GDP to 10%.

The Oxo Tower on London’s South Bank was redeveloped by the enterprise Coin Street Community Builders. It now contains five floors of social housing run by Redwood Housing Co-op, subject to some of the lowest rents in the capital while being in one of London’s prime spots. Armed forces credit unions are another powerful example of the difference that co-ops can make. They were established after a long campaign by the Co-operative party, and are helping to combat the problem of payday lenders who prey on our armed forces personnel. Those are two remarkable stories, in my view, but much more is possible. Access to capital, further legislative reform, better Government funding, more Whitehall efforts to raise awareness and more expertise on the sector in the civil service are the key asks of Britain’s co-op and mutual sector.

I appreciate that finance is not an issue or problem reserved to co-ops and mutuals, but because of their different ownership models they often have real difficulty in accessing finance for expansion, and indeed for getting started. Big corporations can access large investment through debt funding or, crucially, can create capital by selling shares. Co-operatives and mutuals cannot at the moment do the latter without demutualising. Clearly we need to protect this unique governance model but also allow mutuals to issue permanent investment shares— that is to say, create indivisible reserves—which cannot be distributed to members even beyond the lifetime of the mutual. The European Union states offer this already in their mutual and co-operative legal set-ups, and a further five EU states have it in a slightly different form, yet in the UK we do not offer this route to raising significant finance for co-ops and mutuals.

Such a form of co-op and mutual share capital would offer stronger protection against demutualisation and therefore maintain and enhance corporate diversity. Above all else it would allow co-ops and mutuals to compete in the marketplace with other big businesses without one hand tied behind their back. In the UK building societies have a version of this already, called core capital deferred shares, which allows them to access capital markets without risking their mutual nature, but other financial mutuals and co-ops in the UK do not have anything like that.

Outside the EU, Desjardins in Quebec has raised more than $4 billion through this route, and Australia passed legislation on 5 April this year allowing its co-ops and mutuals to issue share capital while protecting their co-operative and mutual nature. If the Australians can do it, if most of Europe can do it, and if British building societies have it already, why should not British co-operatives and other mutuals also be allowed to raise finance in this way?

I recognise that the Minister and his officials have looked at this once already in the light of Lord Naseby’s successful Bill in the other place, and indeed my own and mutuals’ representations, but I hope he might be persuaded, particularly given that similar legislation is now on the statute book in Australia, to bring key experts in this area together with officials again to try to find a resolution to the problems that have stopped this method of raising finance being allowed in the UK. The Co-operative Group, other retail co-op societies, Co-operatives UK, friendly insurers and the Building Societies Association all support progress on this issue, and I urge the Minister, who has been sympathetic to co-operatives and mutuals in the past, to be willing to take a fresh look at this.

Britain’s co-op and mutual movement suffers from a lack of dedicated banking funds. Across Europe, dedicated mutual or co-op banks exist, are highly profitable and have been around for ages. I have long thought that the Royal Bank of Scotland could and should be converted into a mutual to help address this gap in the UK and to challenge the continuing big banking monopoly in the City. The Minister may not yet be ready to join me in making that jump, so perhaps I can ask him to explore whether the British Business Bank might begin to have a dedicated mutual growth fund to encourage the setting up of new mutuals.

Responsible Finance, an excellent organisation that champions Britain’s existing community banks, highlights the need for dedicated finance for start-up worker co-ops. There is at present an absence of patient capital or capital blended with grants to reduce investment risk for start-up worker co-ops. A dedicated fund would enable specialist co-op lenders to take a higher level of risk in this area and mean that more capital would be available.

Wild Animals in Circuses (No. 2) Bill (Third sitting)

Kerry McCarthy Excerpts

Wednesday 22nd May 2019 Public Bill Committees

[Sandy Martin]

It is a pleasure to serve under your chairmanship, Mrs Moon. The inspection regime, which is crucial—there is no point in passing legislation unless we can enforce it—does not enable police officers to take part in enforcement of the Bill. Members of the public would be a bit surprised to find out about there being areas of the law in which the police are not allowed to be involved, so I urge the Minister to reconsider whether the police should be involved and allowed to take part in inspections and enforcement of the Bill.

[Kerry McCarthy (Bristol East) (Lab)]

I will be brief—if I had been a bit quicker off the mark, I would have intervened on the Minister. My concern is that, as with so many other aspects of the Minister’s Department, although there will be powers of inspection, unless there is proper resourcing and people in place doing the job with the power to carry it through from start to finish, it all becomes pretty meaningless. We see that, for example, in the work of the Environment Agency. Will he reassure us that the power for action will mean something in practice?

[David Rutley]

I know that the hon. Lady has strong concerns about resourcing in other areas. In this case, we have inspectors with relevant experience based on what we do with zoos, and we will draw on those individuals for help. Given the small number of circuses we are talking about, we do not envisage that a huge amount of resource will be required for inspections. I respect her concerns on other issues, and no doubt we will debate those.

[Kerry McCarthy]

There have been reports that Anne the elephant, the subject of the Daily Mail campaign some eight years ago that led to the Bill, is not being kept in ideal conditions and is isolated. I had a conversation with the Minister about that after Second Reading and he undertook to check on her wellbeing. Has that been done?

[David Rutley]

It is an honour to be reminded in Committee of the commitments I have made. I will follow up that point, but I confess that I do not have that information to hand. I look to my trusted officials, who will get back to us on that later today.

The hon. Member for Ipswich raised the use of police. Paragraph 6 of the schedule allows inspectors to “use reasonable force” when necessary and also to take “up to two…persons” with them, which could include a police constable, when exercising the power of entry.

Wild Animals in Circuses (No.2) Bill (First sitting)

Kerry McCarthy Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 21st May 2019 Public Bill Committees

[Sarah Newton]

Q I want to come back to the point about the DEFRA inspections. DEFRA has a huge amount of expertise on animal welfare and has teams looking at the misuse of farm animals, as well as domesticated animals. Why do you feel that additional powers need to be given to the police over and above those that DEFRA animal welfare officers have?

Dr Ros Clubb: Really, to our mind it is about having flexibility and swiftness to go and investigate reports of illegal activity and breaches of this legislation, so that the police would have the powers to go in and investigate as well. We agree that there is a lot of expertise there, but we think it could be extended. Hopefully, there will not be frequent reported breaches of the legislation, but where there are we would like them investigated swiftly and thoroughly, with the powers that are in that area, as well as the appointed inspectors under the Bill.

[Kerry McCarthy (Bristol East) (Lab)]

Q One of the things we were constantly told as we discussed this issue in Parliament over the last eight years, was that we could not introduce a ban because the EU would not let us. Now, 16 EU countries have—I hope—successfully introduced a ban. Can you tell us how it has worked in those countries? Has there been any need for enforcement or has the law been complied with? Are there any lessons we can learn from how those EU countries have done it?

Nicola O'Brien: If I am honest, I do not know much about that. We have been focused on the UK. Perhaps other panel members here or in the next session, such as Animal Defenders International, would have data about that.

[Kerry McCarthy]

Q Presumably, if it had been problematic it would have been more likely to have reached your attention than if it had worked well.

Nicola O'Brien: Yes, of course. In terms of us viewing the situation, it seems that circuses no longer have wild animals in those countries where bans have been implemented.

Dr Ros Clubb: That is our understanding as well. Up to 19 other countries in Europe have now introduced bans and there are 30 around the world. The situation varies hugely across the different countries, with many having many more circuses with wild animals than we do, but we are not aware of any enforcement issues in those countries.

Wild Animals in Circuses (No. 2) Bill

Kerry McCarthy Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 7th May 2019 Commons Chamber

[David Rutley]

I completely understand my right hon. Friend’s concern. We have had conversations with circus owners, who certainly have no such intentions whatever—they regard these animals as part of their families. The issue is that the practice is outdated and society has moved on; it is not appropriate for such performances and exhibitions to take place. As I will explain later, circus owners will still be able to own the animals and look after them, but they will have to seek licences and will be inspected.

Many Members on both sides of the House have spoken passionately about this issue. Time prevents me from naming them all, but we recognise the concerns and I am pleased that we are able to take action today. I am delighted that there is strong support across the Chamber today. I will, of course, talk about the important work that took place under the previous Labour Government. I am delighted at the degree of co-operation. Of course we understand that there will be challenges, but we are grateful for the co-operation, which will ensure a smooth passage for this legislation.

[Kerry McCarthy (Bristol East) (Lab)]

We were promised that the Bill would come in after the Backbench Business debate secured by the hon. Member for The Wrekin (Mark Pritchard). One of the reasons subsequently given by the Government for not introducing it was that the European Union would not allow us to—there is a stream of responses to my written parliamentary questions on the subject that told me that. However, Austria, Belgium, Bulgaria, Croatia, Cyprus, Greece, Ireland, Italy, Latvia, Malta, the Netherlands, Scotland, Slovenia and Slovakia have all introduced a ban. Will the Minister put on the record that that line that we were given—that we could not introduce a ban because we were in the EU—was just not true?

[David Rutley]

I was not around at the time of whatever was said. I have been involved for eight months and we have been working closely together on a wide range of activities. We are trying to get this legislation through at pace. I pay tribute to the work that has gone on in Scotland since we declared that there would be a commitment to introducing this ban. The ban has been introduced there and we are pleased that there has been support for what we are doing today from the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) and the Scottish Government.

--- Later in debate ---

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

Circuses are no place for wild animals. That view is shared not only by animal welfare organisations and animal lovers, but by the vast majority of people in our country and—as I am very glad to see—by hon. Members on both sides of the House. As the Minister said, banning wild animals in circuses is a policy that began under Labour before we lost power in 2010, so we support the Bill. It is long overdue, but we are pleased that, having walked the tightrope of parliamentary time so many times, it has now arrived. I thank Members on both sides of the House for their advocacy for wild animals. This will ensure that we can have the greatest shows: circuses that do not have wild animals in them.

In welcoming the Bill, I want to echo some of the points that have been made by hon. Members. Like my right hon. Friend the Member for Warley (John Spellar), I ask the Minister where the Bill is to increase the penalties for animal cruelty. The Bill before us is welcome, but it is not the only Bill that we need in relation to animal welfare. That is one of the promises that remains missing.

The Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012 will expire in 2020. Now is the time to address this issue once and for all. Forcing wild animals to perform in circuses is one of the most archaic and inhumane forms of animal exploitation. We should be clear that we no longer want it to take place in Britain.

According to the latest figures from September, 19 wild animals are owned by the two remaining circuses that use wild animals in their performances. I am very pleased that the six reindeer, four zebras, three camels, three racoons, one fox—which is not for hunting—one macaw and one zebu, which of course is a type of humped cattle, will soon be free from their lives in circuses and able to enjoy the rest of their lives without being put on display for our entertainment.

I have received a few questions about the Bill since I mentioned I would be speaking in the debate. I would be grateful if the Minister set out whether birds are included in the Bill, as a few people want to know. I believe that they are, but it would be helpful if the Minister made it clear for the record in her concluding remarks.

The problem with the current regulations is that if the licensing conditions are met, there is nothing to stop more animals and different types of animals returning to circuses unless further action is taken.

The review of the science on the welfare of wild animals in travelling circuses by Professor Stephen Harris, which was commissioned by the Welsh Government and published in April 2016, provides strong evidence that wild animals in travelling circuses not only suffer poor welfare, but do not have a “life worth living”. Every circus animal matters. That is why we should have no wild animals in our circuses anymore. The report built on existing evidence that shows that the welfare needs of non-domesticated wild animals cannot be met within a travelling circus—a conclusion with which the Opposition agree.

I am sure that all hon. Members are animal lovers. I am sure we can all agree that animals need a suitable environment to live in, an appropriate diet, the ability to express normal patterns of behaviour and to be housed properly, whether that is with or without other animals, and that they should not suffer. Wild animals that are used in travelling circuses are carted from one venue to another, sometimes in cramped cages and barren trailers, and are taught to perform tricks, often through fear of punishment. In many cases, animals are not suited to the travelling life, where they are denied their most basic needs. When animals suffer, we all suffer.

Labour planned to ban the use of wild animals in circuses before the 2010 general election. The draft legislation had been prepared and consulted on, with a substantial majority of respondents in favour of a ban. While we are pleased that there is finally parliamentary time for this crucial and urgent Bill, it is disappointing that we have been overtaken by no fewer than 30 countries worldwide in banning the use of wild animals in circuses. I am grateful to my hon. Friend the Member for Bristol East (Kerry McCarthy) for setting out just how many EU member states have banned the use of wild animals in circuses and showing just how paltry was the Government’s line that our EU membership prevented it.

[Kerry McCarthy]

My intervention on the Minister was long enough, with the long list of countries, so I did not make the point that I wanted to go on to make. The line that we are not allowed to do things because the European Union will not let us has been used frequently by this Department and by the Minister’s predecessors. For example, there were discussions about limiting the journey times for live exports. Other countries were prepared to sign up to that, but the UK was not prepared to take part in those discussions. We need a thorough investigation into how often that has been used as an excuse, because there are a lot of things we could have done on the animal welfare front that are now coming to a head because we might be leaving the European Union. We could actually have done a lot more.

[Luke Pollard]

My hon. Friend is right: there have been many times when our membership of the European Union has been used as a reason not to do something, when that has not been true. In many cases, the Government have had the power to change the law for the better. We should be using those powers to do so, not find excuses not to do so.

The previous Labour Government published the draft Wild Animals in Circuses Bill in 2013 but sadly did not make time for it to become law. Despite a 2015 manifesto commitment to implement the ban, the Conservative Government failed to introduce the necessary law in the last Parliament. The Government have been dragging their feet for far too long and I am glad that the Minister who introduced the debate has brought forward the Bill. However, every day that the Bill has not been in place, there have been wild animals in circuses in England that should have been free to enjoy life beyond the circus. That is something that the Government’s action can never take back.

The ban has been on the “to do” list for many years. When out celebrating the re-election of Plymouth’s Labour council last week, the leader of the council, Tudor Evans, told me about the controversial measure to ban wild animals in circuses visiting Plymouth back in 1991, when I was only 11. Plymouth City Council had wanted to do that, but it did not have the power to do it. However, it discovered that it did have the power to ban animals in theatres, so it did. That caused immediate controversy, with the performance of “The Two Gentlemen of Verona” at the Theatre Royal demanding the use of a dog. Apparently, the show went on without the dog, and circuses will go on without wild animals. That is a lesson that we should all be very proud of.

The Minister mentioned that other countries have led the way in introducing a ban on wild animals in circuses. Scotland has introduced a ban and Wales will be introducing a ban this year. What is happening in Northern Ireland on introducing such a ban on wild animals? While there is no Executive, it is hard for some of the rules we pass in this place to be applied in Northern Ireland. I would be grateful if the Minister set that out so that we can ensure that no wild animals are able to be used in circuses in Northern Ireland.

May I ask the Minister about the robust transition that needs to take place? There must be no unintended consequences when the ban comes into effect. The British Veterinary Zoological Society has highlighted potential concerns about the guidance that will be given regarding the future of wild animals that are currently in circuses. There must be a robust transition process in place to ensure their welfare. I am grateful for the answer the Minister gave my fellow south-west MP, the Chair of the Environment, Food and Rural Affairs Committee, on ensuring that all the animals will be rehomed in a good way. However, I would be grateful if the Minister who responds gave further reassurance that not a single wild animal that is used in a circus today will be put down because of the new law. I am sure that there are many animal lovers across the country who would love to rehome any of those animals—the raccoons, the macaw, the zebras, the zebu or the reindeer. We must make sure that no animal dies because of this law.

Turning to unintended consequences, we look forward to scrutinising the Bill in Committee. We will consider what amendments to table to clarify how the Bill will work in practice and to ensure that there are no loopholes that a coach and horses, a zebu, a camel or a raccoon can be driven through. For example, the Bill does not contain a clear definition of the word “circus”, so there could be confusion with the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, which are about the use of snakes that are not commonly domesticated but are under the control of humans. Circuses could therefore fall into both areas. They could say that they have a licence under those regulations and operate as a travelling exhibition if the term “circus” remains undefined.

I am grateful to the hon. Member for Brighton, Pavilion (Caroline Lucas) and my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) for setting out that concern. There is a need to tighten the definition and I would be grateful if the Minister looked favourably on attempts by the Opposition and, I suspect, Government Members to do that.

The Opposition will also explore powers to enforce the ban on wild animals in circuses. We will consider what powers will be needed to seize animals that are used in circuses after the ban comes into place, what powers courts should have to disqualify offenders from keeping animals if there is repeat offending, what powers of entry should be extended to constables and appointed inspectors, and what additional support the Government will give the national wildlife crime unit by extending its funding. There are only 12 officers in the unit, which is nearly one officer per wild animal in a circus today, but it is very important that their excellent work continues after the current funding round comes to an end. I would be grateful if the Minister set out what plans the Government have to extend that funding.

There is never enough animal welfare. We need to give a voice to the animals because they do not have one. That is why it is right that we have heard interventions from both sides of the House in support of greater animal welfare. I am very pleased to be a Labour MP, because Labour is the party of animal welfare. From bringing forward the landmark Hunting Act 2004 to protecting domestic animals under the Animal Welfare Act 2006, Labour has always placed the welfare of animals high on the policy agenda.

The hon. Member for The Wrekin (Mark Pritchard) asked about an all-encompassing animal welfare Bill. If the Government choose not to introduce such a Bill, the hon. Gentleman need only vote for a Labour Government. We have made a policy commitment to introduce a broad animal welfare Bill to ensure that all animals are protected, based on our animal welfare plan, which has been published and consulted on.

Labour fought for animal sentience to be part of the European Union (Withdrawal) Act 2018, but, sadly, that was voted down by the Government. I hope that it will return as a full provision. At a European level, Labour has helped to secure better welfare standards for battery hens and chickens, and has tightened the rules on the transport of live animals. That is a record of which my party can rightly be proud, but it is also a record that requires us constantly to ask for improvements, and to support animal welfare wherever the animals may be, in the United Kingdom and abroad. My party and, I believe, Members on both sides of the House will continue to do that.

Labour will support the Bill tonight, and I hope that the Minister will take our suggestions on board in the good faith in which they were intended. I think that there is cross-party support for the Bill, not only in the House but among the public. Labour will seek to tighten the rules to ensure that there are no wild animals in our circuses, and that all the wild animals that are currently in circuses can have a good life after their days of entertaining people have come to an end.

--- Later in debate ---

[George Eustice]

It was, but, as the hon. Gentleman says, the legal advice was that these were not necessarily animal welfare issues per se.

I support the Bill. I have argued for it, and I want it to be passed. A number of Members have said that it is perhaps a little overdue; I was in the Department and it took time for this to be done, so I cannot criticise others on that front.

[Kerry McCarthy]

Will the hon. Gentleman give way?

[George Eustice]

I am going to make some progress.

However, the Bill does raise some anomalies. For instance, two or three of the animals in the list of 19 are camels. They will be banned from circuses in future, but I understand that camel racing takes place in some venues in the country, and that that practice would continue. Only a few years ago, there was a dancing raccoon on “Britain’s Got Talent”, the ITV show. Do we think that that is ethical? If it is not ethical to have a dancing raccoon in a circus, why is it ethical to have one on “Britain’s Got Talent”?

What about falconry displays? They travel from agricultural show to agricultural show. Falcons are wild animals. What is the difference? We are starting to enter borderline territories.

Then there is the issue of snakes. There is a growing trend for the keeping of corn snakes and other exotic pets such as bearded dragons, a type of lizard. Are we convinced that every 10-year-old boy in the land who has a corn snake or a bearded dragon is looking after that pet adequately? A number of vets are increasingly concerned about the welfare of some of these pets, not least because many vets lack the expertise to deal with their specialist needs. Why is it OK to have pet snakes with, in many cases, no regulation at all unless they are deemed to be a species of dangerous wild animal, while having one in a circus is seen as wrong? And what about reindeer? There is nothing in the Bill to prevent a reindeer from being outside a Santa’s Grotto, yet reindeer in circuses will now be banned.

I have made all those comments not to suggest that I will oppose the Bill—as I have said, I fully support it—but simply to highlight a matter that I think we ought to consider. As we introduce a rather unusual Bill that is based on ethics rather than animal welfare, it will throw up issues that we, and those tasked with implementing the policy, will have to resolve, and we ought to be thinking about those issues now.

Discrimination in Football

Kerry McCarthy Excerpts

Thursday 11th April 2019 Commons Chamber

[Mims Davies]

We have to find a balance between supporting fans who do the right thing and ensuring we make an example of people who choose to do the wrong thing. If the hon. Gentleman has any ideas on that I am happy to hear more.

[Kerry McCarthy (Bristol East) (Lab)]

As the legendary John Barnes said, if every racist who came to football was silenced, football stadiums would still be full of racists. It is not enough just to stamp out expressions of racism. What can we do to tackle the underlying causes?

[Mims Davies]

We need to see more leadership in the game. We need more people rising to the top like Darren Moore, who came and gave me his thoughts—I thank him for that—Chris Hughton, Sol Campbell and Keith Curle. We are not seeing enough people getting to the top and being able to speak out. We need to support them to do that and have a mix of people there.

Oral Answers to Questions

Kerry McCarthy Excerpts

Tuesday 9th April 2019 Commons Chamber

[Robert Jenrick]

The British economy is remarkably robust in its present state. We are seeing continued economic growth, record levels of employment and record low levels of unemployment. Businesspeople, investors and entrepreneurs the length and breadth of the country know that the greatest threat to our prosperity is a hard left Labour Government.

[Kerry McCarthy (Bristol East) (Lab)]

3. What recent assessment the Government have made of trends in the level of public funding for renewable energy since 2010.

[Afzal Khan (Manchester, Gorton) (Lab)]

13. What recent assessment the Government have made of trends in the level of public funding for renewable energy since 2010.

[The Exchequer Secretary to the Treasury (Robert Jenrick)]

The Government have increased support for low-carbon electricity generation through consumer-funded levies, from £1.3 billion in 2010 to over £7.3 billion today, spending £30.7 billion since 2010. This support has enabled the UK to become a world leader in clean growth, and the private sector has invested more than £92 billion in clean energy since 2010.

[Kerry McCarthy]

I think that is quite a selective answer. A coalition of 20 community energy projects and affiliated groups has warned that the Government’s decision to axe the feed-in tariff incentive scheme could prove the final nail in the coffin for the sector. Since that warning was issued in February, at least 30 planned community energy projects have stalled. So what conversations has the Minister had with his colleagues in the Department for Business, Energy and Industrial Strategy to give proper support to community energy projects?

[Robert Jenrick]

I thank the hon. Lady for that question, but that is not our experience. The investment that I have just described that is going into the sector is very considerable. Renewable capacity has quadrupled since 2010. Renewables’ share of electricity generation increased to 33% last year—a record high. The UK is decarbonising and we are meeting our climate change targets.