Ukraine: Urgent Refugee Applications

Debate between Kevin Foster and Mark Harper

Tuesday 8th March 2022 Commons Chamber

[Kevin Foster]

The hon. Lady will realise that it would not be appropriate for me to go into the detail of individual cases on the Floor of the House, but I am very happy to speak to her afterwards to see what we can do to resolve the situation.

[Mr Mark Harper (Forest of Dean) (Con)]

As a former Immigration Minister, I am very sympathetic to the need to do appropriate security checks. I have publicly defended the Government on this issue, but we need to grip the pace of this, which will require Ministers to take decisions to move things along quickly.

The Home Secretary announced the humanitarian sponsorship route a week ago. I heard what my right hon. Friend the Member for Ashford (Damian Green) said about weeks or months, but I was thinking about days. I expect a Minister to be at the Dispatch Box by Thursday to set it out. We have to start working at the pace these events require, so will the Minister commit to an update on the humanitarian sponsorship scheme on Thursday?

[Kevin Foster]

The Government will be happy to update Members on Thursday on what is happening, whether through a “Dear colleague” letter or another appropriate forum. We intend that it will be weeks, not months, before we start welcoming people into the UK. This will be an unlimited offer that reflects people’s generosity, but I appreciate that we now need to get on and get it launched.

Draft European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) (Amendment) Regulations 2019

Debate between Kevin Foster and Mark Harper

Tuesday 8th October 2019 General Committees

[The Parliamentary Secretary, Cabinet Office (Kevin Foster)]

I beg to move,

That the Committee has considered the draft European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) (Amendment) Regulations 2019.

It is a pleasure to serve under your chairmanship, Mr Davies. The draft regulations make sensible provision to ensure that, following our participation in the European parliamentary elections earlier this year, the administrative processes necessary after the poll can be carried out and completed. One example is the requirement for relevant electoral officers to store ballot papers and other election documents for 12 months after the poll.

The proposed change will provide for legislation governing European parliamentary elections to remain in place until 31 December 2020, rather than being repealed on exit day, as an earlier statutory instrument—the European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018—provides. For clarity, the draft regulations will apply both to the United Kingdom and to Gibraltar.

Under the 2018 regulations, the legislation relating to European elections will be repealed on exit day, set at 31 October 2019. However, it is necessary for that legislation to stay in place to ensure that we can complete all the poll processes. I have already mentioned ballot papers, but the legislation also covers matters that the Electoral Commission may wish to investigate and the ability of political parties to inspect and obtain the marked register for the next 12 months. Importantly, there are also provisions concerning payment to returning officers for the costs of running the poll. If those provisions were no longer in force, the Government would no longer have the legal authority to reimburse returning officers, so the costs incurred in running the election would end up falling on the local authority concerned, which I am sure the Committee agrees would not be appropriate.

The 2018 regulations include provisions that are not linked solely to the holding of European parliamentary elections, but our approach has been to leave all those provisions on the statute book for a limited period because we believe that keeping the whole of the legislation in force has the benefit of being clear and making it simple for electoral administrators to understand and implement. It also minimises the risk of any adverse unintended consequences. However, I confirm that once we have left the EU, the UK will no longer have any Members of the European Parliament or take part in European parliamentary elections, whether scheduled or by-elections, as the EU law obligation to do so will have fallen away. The draft regulations will not change that position.

[Mr Mark Harper (Forest of Dean) (Con)]

Having looked carefully at the explanatory notes, I cannot see anything that needs to remain in force for more than 12 months from the date of the poll. Will the Minister explain why the regulations are remaining in force until the end of next year, rather than just a year after the poll?

Secondly, the Minister said that certain things in the regulations are not specifically connected to the European elections. Could he set out their scope, not in detail but briefly, just so that people can work out that there is no funny business going on and that nothing is being smuggled in under cover?

[Kevin Foster]

There is no funny business being smuggled in. A report by the Joint Committee on Statutory Instruments covers some of the areas that my right hon. Friend may wish to look at, but there is certainly no funny business being smuggled in. However, it was felt easier to retain the whole piece of legislation, rather than leaving electoral administrators to satisfy themselves which parts of it are still in place.

Why are we retaining the legislation until the end of next year, rather than for just a year? As my right hon. Friend will be aware, if the law were quite tight about finishing off within the year, it would effectively bring to an end any investigation that had started just before the year deadline. There are also issues relating to payments to returning officers that might take slightly longer than a year to resolve if there were a dispute. We believe that, by 31 December next year, all processes should have been concluded, allowing some time for challenge or even, perhaps, for a brief extension, which could be granted by a court. At the moment, we are not aware of any processes that are there. However, there would be a final deadline of a year for those. It therefore makes sense to retain these provisions slightly beyond the end of the strict year of legal limitation.

It is possible, for example, that a police investigation started shortly before the year’s deadline could apply to a magistrates court to extend that deadline. Setting the deadline at a year would effectively bring a statutory bar into concluding that process. If we were still, for example, debating a payment amount with a local authority—or returning officer, effectively—we would not be able lawfully to make the payment if the legislation had been repealed. We believe that 31 December next year gives not only the year but more time to resolve any outstanding issues, and it is a clear and understandable date for repeal; the legislation will be enforced through 2020, but will then be repealed on 31 December 2020, bringing clarity to the process.

It is probably worth saying that the Cabinet Office has engaged on the proposed change with the Electoral Commission, representatives of the Association of Electoral Administrators, the Electoral Management Board for Scotland, the Society of Local Authority Chief Executives and Senior Managers, the Wales Electoral Coordination Board, the devolved Administrations in Scotland, Wales and Northern Ireland and the Government of Gibraltar. The Electoral Commission and other bodies agree with the Government’s approach in the instrument and consider it sensible, given that the UK took part in the European parliamentary elections in May 2019. We have also kept the parliamentary parties panel informed of the position with the instrument. I therefore commend the instrument to the Committee.

Parliamentary Constituencies (Amendment) Bill (Thirty Second sitting)

Debate between Kevin Foster and Mark Harper

Committee Debate: 32nd sitting: House of Commons
Wednesday 10th July 2019 Public Bill Committees

[The Parliamentary Secretary, Cabinet Office (Kevin Foster)]

It is a pleasure to serve under your chairmanship, Mr Owen. The Committee may find it helpful, in deciding whether to adjourn, if I update it on the judicial review against the Boundary Commission for Northern Ireland. I am sure that Committee members are aware of those proceedings, but I stress that the BCNI is independent of the Government, and that the Cabinet Office was not party to the original proceedings.

The High Court of Northern Ireland has now issued its judgment in relation to the judicial review. It has concluded that the Boundary Commission for Northern Ireland erred in law procedurally, and fettered its discretion by setting a high threshold for making changes at the last of the three statutory stages of consultation that it had followed. The Court had indicated that it was considering ordering the Minister for the Cabinet Office to attach a declaration to the boundary order, when it is brought forward, stating that the Boundary Commission’s consultation contained an error of law. To be clear, the Court has not struck down the order; it has merely made that statement.

We made submissions to the Court to argue that that was not an appropriate remedy, given the separation of powers between the Court and Parliament. The Court listened to our concerns, and its final order states that it has accepted our position, and has agreed not to order the declaration to be attached to the boundary order. The Court has made it absolutely clear that the Boundary Commission for Northern Ireland took all the steps that it was required to take by statute; it has not quashed the Boundary Commission for Northern Ireland’s report.

As Committee members would expect, the Government have closely followed the judicial review. We are also conscious that both the applicant and the Boundary Commission for Northern Ireland have six weeks to decide whether to appeal the Court’s judgment, which will obviously have implications for the timetable of the boundary order.

I wished to update the Committee on the matter. I hope that hon. Members will be content with that explanation.

[Mr Harper]

Before the Minister sits down, I have two questions. First, am I right in thinking that until the appeal period is concluded, the Government cannot continue drafting the orders, or bring them before the House? Secondly, once the appeal period has concluded, or an appeal is heard and decided on, assuming that the Court does not quash and overturn the work of the Boundary Commission for Northern Ireland, will the Government be in a position to make further progress, albeit with the constraints set out by the hon. Member for City of Chester about the potential end of the parliamentary Session?

[Kevin Foster]

rose—

Business of the House

Debate between Kevin Foster and Mark Harper

Wednesday 3rd April 2019 Commons Chamber

[Mr Harper]

I accept some of the arguments that the hon. Gentleman makes. I have not been a member of this Government; I have not served as a Minister under this Prime Minister. Certainly when I was a Minister and when I was responsible for scheduling the business of the House as the Government Chief Whip, we did vote on Opposition days, and when we had a longer Session we gave the Opposition the appropriate number of days. I often argued that we should restrain the use of our majority, to ensure that we behaved properly. There is some substance in what the hon. Gentleman says. There has been, to some extent, an equal and opposite reaction by the Opposition, who have explored mechanisms such as use of the Humble Address because they have been frustrated that the Government have not responded appropriately to Opposition days. The Government should reflect on that.

But in a way, that rather proves my point, which is that if Members behave in this way today and ram through a piece of controversial, contested legislation without a consensus in the House, they should not be surprised if in future a Government with a majority use this precedent and behave in the same way. When those Members are arguing against that, they will find the arguments they are making today being thrown back at them, and the force of their argument will be undercut.

[Kevin Foster (Torbay) (Con)]

My right hon. Friend is making an interesting speech. This procedure has been used in the past for legislation on Northern Ireland or even the Emergency Powers (Defence) Bill in 1939, but does he agree that it has always been when it was desperately important to get legislation through and there was a broad consensus on it—not, as we see today, when there is clearly a debate to be had about whether something is the right thing to do?

Parliamentary Constituencies (Amendment) Bill

Debate between Kevin Foster and Mark Harper

2nd reading: House of Commons
Friday 1st December 2017 Commons Chamber

[Mr Harper]

No. I accept that some people may not be able to use the electronic method, but they are of course able to register in the traditional way. I think I am right in saying, although the Minister will be able to confirm this, that many local authorities go to considerable lengths to make sure people who might be disadvantaged are registered to vote. I know many local authorities make great efforts to make sure homeless people are registered. Under the law those local authorities have a duty to get as many people legitimately registered as possible.

That bring us to the other part of the argument, because the hon. Member for Birmingham, Perry Barr said that people disappeared from the register. Yes, they did, because the registration process does two things. It deals not only with making sure the register is as complete as possible, so that everyone who is entitled to vote is on it, but with making sure that it is accurate and that only those people who are eligible to vote are on it. Many of the people who left the register when we introduced the new voter registration system were, in a sense, not really people at all. Many of them were people who were no longer in those constituencies and should no longer have been registered to vote but had not been removed from the register, and some of them were no longer alive and that had not been taken into account.

On accuracy, I also come back to the point made by my hon. Friend the Member for Harwich and North Essex about how up to date the register is, as the other thing to remember is that the current boundaries are based on electoral registers from 2000. So however imperfect the current process may be, if we do not get this review done and have the boundaries implemented, Members are saying that they are comfortable for seats to be drawn on the basis of registers from 2000. That means that at the next election we would have the absurdity of people voting who were not alive when the registers on which the seats were founded were put together. That is absurd and it needs to be changed.

[Kevin Foster]

My right hon. Friend made some interesting points about the registration process. Does he agree that it is bizarre to be hearing in the 21st century arguments that electoral registrations should still be based on a concept of male heads of households formed in the 19th century, as the old system was?

[Mr Harper]

My hon. Friend is absolutely right about that. We had an argument about this at the time, and the concept that the head of household, who was invariably the man, should be responsible for registering people was rather out of date. Putting that responsibility on individuals is an improvement. As I said, all the evidence suggests, and the fact that a lot of people registered to vote in the referendum demonstrates, that this is not a difficult process. It is straightforward. The online registration system is much easier.

The only significant Electoral Commission recommendation—the Minister ought to reflect on this point—related to the problem that in the current system it is not easy for people to check electronically that they are already registered. A significant proportion of the people who tried to get registered for the general election were already registered and these were duplicate registrations. That puts a burden on electoral registration officers at a very busy time, and there would be some sense in our reflecting on whether we can improve the online system to deal with that.