Safety of Rwanda (Asylum and Immigration) Bill

Debate between Kevin Foster and Michael Tomlinson

Consideration of Lords message
Monday 22nd April 2024 Commons Chamber

[Kevin Foster (Torbay) (Con)]

The obvious reason why Rwandans are not covered by the Bill is because returning a Rwandan to Rwanda would take them to their home country, not a third country.

[Michael Tomlinson]

I am grateful to my hon. Friend, who has been closely following these proceedings not just throughout ping-pong but throughout his time in this role. He knows deeply the interplay and the interrelationship between the two countries.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Kevin Foster and Michael Tomlinson

Consideration of Lords amendments
Monday 18th March 2024 Commons Chamber

[Michael Tomlinson]

I disagree entirely with all the points that the hon. Gentleman has made; I know that he is patient, and he will hear me respond to each and every one.

[Kevin Foster (Torbay) (Con)]

Like me, the Minister has always believed that immigration should be dealt with on a UK rather than a Great Britain basis, for obvious reasons. Given the comments that we have just heard, does he agree that there is plenty of precedent within our own law for deeming certain claims for certain citizens inadmissible? That has applied to the EU, and surely it is not a problem to extend it further, because we already have the principle that we can say a claim is inherently unfounded when a country is clearly safe.

--- Later in debate ---

[Michael Tomlinson]

No. Respectfully, I encourage the hon. Lady to listen to the debate, because I read out the words of the EU’s ambassador, not of any representative from Rwanda. That is a powerful independent voice, which is why I cite it here in this Chamber.

The implementation of all measures within the treaty will be expedited. Indeed, since our previous debate on this matter, the legislation required for Rwanda to ratify the treaty has passed through both Houses of the Rwandan Parliament. Once ratified, the treaty will become law in Rwanda. The implementation of these provisions in practice will be kept under review by the independent monitoring committee, whose role was enhanced by the treaty and which will ensure compliance with the obligations as agreed.

[Kevin Foster]

Does the Minister recall that the Supreme Court judgment hinged on the issue of refoulement and not on whether or not refugees were safe in Rwanda? It might benefit some to have listened to its judgment.

[Michael Tomlinson]

I am grateful indeed to my hon. Friend; I will turn to refoulement and non-refoulement, and that important issue, which is exactly the basis of the Supreme Court judgment, and how we have met it through evidence from subsequent to the time when the Supreme Court was looking at the facts on the ground.

The implementation of these provisions in practice will be kept under review by the independent monitoring committee. As is stated clearly in clause 9 of the Bill, the provisions will come into force when the treaty enters into force, and the treaty enters into force once the parties have completed their internal procedures.

The Bill’s purpose is to make it clear that Rwanda is safe generally and that decision makers, as well as courts and tribunals, must conclusively treat it as such. The amendment as drafted would open the door to lengthy legal challenges, which will delay removal. It therefore follows that I cannot support the amendment. We are confident in the Government of Rwanda’s commitment, and I am clear that Rwanda is a safe country.

I turn to Lords amendment 3, which is also unnecessary. The Government will ratify the treaty only once we agree with Rwanda that all necessary implementation is in place for both countries to comply with the obligations under the treaty. As I said, the legislation for Rwanda to ratify the treaty has now passed through both Chambers of the Rwandan Parliament. Once ratified, the treaty will become law in Rwanda. It therefore follows that the Government of Rwanda would be required to give effect to the terms of the treaty in accordance with their domestic law as well as in international law.

In relation to the monitoring committee, it was always intended that the committee be independent to ensure a layer of impartial oversight over the operation of the partnership. Maintaining that committee’s independence is an integral aspect of the policy’s design. The treaty enhances the role of the previously established independent monitoring committee and will ensure that obligations to the treaty are adhered to in practice. The details of the monitoring committee are set out in article 15 of the treaty, and it, in turn, will report to a joint committee made up of both United Kingdom and Rwandan officials.

There will be daily monitoring of the partnership for at least the first three months—the enhanced period of time—to ensure rapid identification and response to any shortcomings. The enhanced phase will ensure that there is comprehensive monitoring and reporting and that that takes place in real time. The amendment risks disturbing the independence and impartiality of the monitoring committee and therefore should be resisted.

I turn to Lords amendments 4 and 5, and the issue of Rwanda’s safety. We have already touched on this, but it is clear that the Bill’s purpose is to respond to the Supreme Court’s concern and enable Parliament to confirm the status of Rwanda as a safe third country to enable removal of those who arrive in the United Kingdom illegally. To the point made by my hon. Friend the Member for Torbay (Kevin Foster), it is the treaty, the Bill and the published evidence pack that together demonstrate that Rwanda is safe for relocated individuals and that the Government’s approach is tough but fair and lawful. The Government are clear that we assessed Rwanda to be safe, and we have published evidence to substantiate that point.

Oral Answers to Questions

Debate between Kevin Foster and Michael Tomlinson

Thursday 7th December 2023 Commons Chamber

[The Solicitor General]

First, I warmly welcome the hon. Gentleman to his place or, rather, back to his place, as I understand that this is his third outing in the shadow ministerial team. It is pleasing to see his predecessor, the hon. Member for Hammersmith (Andy Slaughter), whose name is on the Order Paper. We look forward to his question.

The shadow Minister will be interested to know that I recently visited the Insolvency Service, which is conducting investigations into the bounce back loan scheme and the like. We must remember that the covid lending schemes delivered just under £80 billion of finance in almost record time. It was called for from across the House and should be supported, but he is right that those who have committed fraud should be investigated.

[Kevin Foster (Torbay) (Con)]

2. What assessment she has made of the effectiveness of the Unduly Lenient Sentence scheme.

[The Solicitor General]

In 2022, my office received 819 requests to review unduly lenient sentences. Of those, 139 were referred to the Court of Appeal, and the sentence was increased in 68% of cases.

[Kevin Foster]

I welcome much of the work being done. As the Solicitor General will be aware, a serving Royal Navy sailor was the subject of a violent attack in Torquay when he attempted to stop a group of yobs stamping a bird to death, but the unduly lenient community sentences and small fines handed down did not reflect the gravity of the offence or provide any deterrent. What steps will the Government take to review the unduly lenient sentence scheme to cover cases such as that?

[The Solicitor General]

I am very grateful to my hon. Friend for his question. I know he has had a long-standing interest in this subject since even before he was a Member of the House, and I am grateful to him for holding the Government to account. He knows that the ULS scheme—the unduly lenient sentence scheme—is reserved for the most serious matters. It is right to say that we keep the scheme under review. I cannot promise or guarantee to my hon. Friend any imminent changes to it, but I am very grateful to him for raising that important case.

Oral Answers to Questions

Debate between Kevin Foster and Michael Tomlinson

Wednesday 7th December 2022 Commons Chamber

[The Solicitor General]

That pleasure falls to me, Mr Speaker. I am grateful to my hon. Friend for his kind words, as I know the Attorney General is. He is right to highlight the words of the Director of Public Prosecutions, and he will know that the Attorney General and I work closely with the director and listen carefully to what he says.

[Kevin Foster (Torbay) (Con)]

5. What assessment she has made of the effectiveness of the unduly lenient sentencing scheme.

[The Solicitor General (Michael Tomlinson)]

In the vast majority of cases, judges get sentencing right. The Court of Appeal grants permission to refer a sentence only in exceptional circumstances, and over the last five years the Court of Appeal has increased the sentence in around 70% of cases.

[Kevin Foster]

My hon. Friend will be aware that the recent publication of statistics regarding the operation of the unduly lenient sentencing scheme during 2021 indicated 151 referrals to the Court of Appeal. How many of those referrals under the scheme followed representations from the victim of a crime to the Attorney General’s Office about the sentence given, and what is being done to ensure that victims are aware of their ability to do that?

[The Solicitor General]

My hon. Friend knows a lot about the scheme and has long-term interest in it. Of those 151 cases, only eight were referred by victims and a further nine by a member of a victim’s family, and that is not just an aberration for that year; it is a consistent trend. We regularly publish updates on the outcome of these sentences, and the revised victims code includes details of the ULS scheme.

Deportation Flight to Jamaica

Debate between Kevin Foster and Michael Tomlinson

Monday 10th February 2020 Commons Chamber

[Kevin Foster]

The offences all meet the threshold for deportation set under the 2007 Act by the Government the right hon. Lady was a member of. Their cases, including whether there are ECHR rights that apply, have been considered by the courts. We are clear that they have committed serious offences or been persistent offenders, who qualify under the Home Secretary’s legal duty. This is within the law, and, as we say, it is about criminality, not nationality.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Is not the point that there is a difference between foreign nationals who come to this country, who make a contribution and who are law abiding and those who are serious or persistent offenders? Can my hon. Friend confirm that the offences committed by those on the flight include manslaughter, rape, drug dealing and robbery? These are serious and persistent offenders.

[Kevin Foster]

Yes, these are all serious or persistent offenders. The offences committed by those on board include rape of minors, rape of adults and serious drugs offences. That is why we are required to issue a deportation notice.

Parental Bereavement (Leave and Pay) Bill

Debate between Kevin Foster and Michael Tomlinson

3rd reading: House of Commons & Report stage: House of Commons
Friday 11th May 2018 Commons Chamber

[Kevin Foster]

It makes a change to be called first in a Friday debate. [Interruption] Yes, or ever. I usually have to wait for at least three or four hours before being called.

First, let me make it clear that I fully support the Bill promoted by my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), and I have no intention of attempting to make a monumentally long speech to talk it out. However, my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson) and I wish to test some of the provisions, particularly in the schedule. We do not propose amendments to the two main clauses; our amendments are only to the schedule, as we would like to hear a bit more about some aspects of it and to test the reaction of my hon. Friend the Member for Thirsk and Malton and the Minister to some of our amendments.

This is a simple Bill; it has just two clauses, one of which is the title clause. However, the attached schedule requires further debate and scrutiny on the Floor of the House. I should make it clear that no employee in the country would ever want to benefit from the Bill’s provisions, as it addresses what would undoubtedly be one of the most difficult periods in anyone’s life; all parents and grandparents will want to see their children and grandchildren live long and happy lives. However, it is to be welcomed that the House is talking about this subject today, and we hope that the Bill will receive its Third Reading and head off to the other place. The Bill demonstrates how MPs can in this place draw on their personal experiences to make a difference for others who might have to deal with similar experiences. I accept that some of the issues we will be discussing today might have been debated in the Bill Committee, but, sadly, I was not lucky enough to be selected to serve on it, which is why I raise them on Report.

In the interests of brevity, I will talk about my amendments in groups, according to the themes they cover, rather than go through each one individually. Also, some of the amendments work in combination to offer distinct packages that address particular themes, and in these cases it would not make sense to pass one amendment but not another, as that would create odd law.

The amendments cover four distinct themes. The first deals with people who act as the parent but are not the biological parent, such as a primary carer who has picked up the reins when things go wrong; that is addressed by my amendments 1 and 2 and amendment 12 from my hon. Friend the Member for Mid Dorset and North Poole. The second theme is the issue of when leave may be taken, given that some people might wish to work in the immediate aftermath of losing a child but subsequently find that grief requires them to take time off at a slightly later date; not everyone reacts in the same way. This area is addressed by my amendments 3 and 5, amendments 22 and 23 in the name of the hon. Member for North Ayrshire and Arran (Patricia Gibson) and amendments 15, 16, 17 and 20 from my hon. Friend.

The third theme involves the requirement to give notice and, given the nature of this provision, my proposal for a requirement to give reasonable notice instead. This is covered in my amendments 9, 10 and 11. The fourth theme relates to the cut-off created by the 18th birthday and the proposals to change the definition of a child so that the provisions refer not only to sons and daughters under the age of 18. This is covered by amendments 6, 24 and 21. Finally there are three more amendments that I will speak to specifically: amendments 4, 7 and 8.

I shall start with the first theme. Sometimes, the person acting as a parent is not the biological parent. They could be a primary carer who has picked up the reins when things have gone wrong. Amendments 1, 2 and 12 cover this area. I think that we would all agree that parenting is not just about biology. It is not just about who has physically created a child, as we see with egg and sperm donor births. My concern is that if the Bill is passed without amendment to the schedule, there could be too much focus on the parent, rather than on the person who has done the parenting by looking after the child, bringing them up and loving and caring for them. The amendments will make it clearer that this is about the primary care giver—the person who is acting as the parent. I would be interested to hear my hon. Friend’s views on this and those of the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Watford (Richard Harrington). We would not want to get into a situation where the person or couple who were acting as the parents could not take time off, yet an estranged biological parent could do so.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I, too, have put my name to this amendment, and I intend to speak to it in a few moments. The way in which the Bill is drafted means that the Minister will lay regulations in due course, but should we not take this opportunity now to express our views on the Floor of the House about what the definition of a bereaved parent should be? Of course we trust Ministers to get this right, but it is for us as well to put forward what we think would be the appropriate definitions—hence these amendments.

[Kevin Foster]

Absolutely; I could not agree with my hon. Friend more. I accept that the Bill has had a good run in, particularly due to the valiant efforts of my hon. Friends the Members for Colchester (Will Quince) and for Eddisbury (Antoinette Sandbach), but it is important to examine these questions on the Floor of the House, especially when we are dealing with Private Members’ Bills. They are slightly different from Government Bills, which might have had lengthy periods of consultation in Green Papers and White Papers, perhaps following a manifesto commitment. This Bill also has a manifesto commitment behind it, but I shall not refer to that further because it already enjoys cross-party support. All the parties represented in the Chamber today strongly support creating this type of provision.

This is about being very clear, so that anyone seeking to interpret this legislation at a later date will know what our intention was in passing it. We also want to be clear what is in the Minister’s mind on this subject. Who exactly is the parent under this legislation? Someone sitting at home listening to this might wonder what on earth this discussion is about. Actually, it is about ensuring that the legal definition involves not only the biological parents but those who are effectively parenting and looking after a child as though they were the parent at the sad time of that child’s death.

This brings me to my own experience in local government in Coventry, where we had child protection services. Often, a way to avoid a child going into care was for a relative, particularly a grandparent, effectively to become the parent. The child would be placed with them to keep them within the family and maintain some parental contact, without being formally adopted. I accept that, under the current wording of the Bill, someone is legally the parent if there has been a formal adoption process. There should be no confusion about that.

I want to ensure that the regulations will cover a situation in which a grandparent, uncle or aunt—or even a much older brother or sister—has stepped into the parent’s shoes to act in absolutely the right way. In the child protection context, that sometimes involved someone giving their younger brother or sister a chance to stay out of an institution. I want someone who has taken on that role to be able to benefit from this type of provision. They will have developed exactly the same bonds of attachment as a parent and, sadly, they will also have had to deal with the formalities following the death in the same way that a parent would normally do. I want the Bill to cover them as well.

--- Later in debate ---

[Kevin Foster]

Bereavement leave should be a day one right, and I am reasonably supportive of the hon. Gentleman’s idea, or at least of having an idea of how an employer should approach leave for employees who have worked for them for a very short period of time. I accept it is probably slightly different for people who have worked for their employer for a very short period of time, but I think we would all hope and expect an employer to behave reasonably, because clearly this is not something a parent will have planned. This is not a provision of which any parent wants to take advantage, far from it. I am sure every parent in the Chamber would hope they never have to take advantage of this provision. I am interested to hear the Minister’s response on how we set that limit.

Again, we do not want the ludicrous situation in which a person, for the sake of argument, has worked one day short of the limit—for example, the death happens at 11 o’clock at night and they would have been covered if it had happened at 1 o’clock in the morning. We do not want such a cliff edge. I will address another such issue in relation to other amendments.

I support the broad thrust of what the hon. Member for Glasgow East (David Linden) says, and it will be interesting to hear the Minister and perhaps the promoter of the Bill, my hon. Friend the Member for Thirsk and Malton, outline how they feel it should work so we do not have cliff edges. The whole point of the Bill is to have a position that reflects the devastating impact on people.

I am conscious that I have been on this theme for a little while, so it is probably time to move on to the fourth theme of my amendments. I touched on cut-offs in my response to the hon. Gentleman’s intervention, and I am also concerned about the cut-off created by a child’s 18th birthday. My amendments 6 and 24, and amendment 21 tabled by my hon. Friend the Member for Mid Dorset and North Poole, would change the definition of a child so it refers not only to sons and daughters aged under 18.

I think we would all feel that losing a child is hard at any age. Sadly, in my own family, my grandmother Beryl lost her son Mike. Mike was 59 and, by that point, my grandmother was in her late 70s, but the impact on her was just as strong as it would have been had Mike been 12 and had she been 30. Of course, due to her age, she did not need to worry about time off work—she was already a pensioner—but the impact on her was just as significant. She had lost her son.

The law does not view a person aged over 18 as a child. The law rightly views them as an adult—they are able to make their own decisions and are able to participate in life—but the parent still views them as their child. Sadly, my grandmother outlived not only her son Mike but the two children of her second husband, Cyril, my maternal grandfather. Both my mother and my uncle died before my grandmother, both passing away in their 50s. The impact on my grandmother was quite profound. My mother was the last of the three to pass away, four years ago. My grandmother said, “Here’s me sat here at 85 with all the children”—as she viewed them—“gone.”

It makes logical sense that a child aged under 18 should clearly be covered by the Bill. That is unarguable, and it is absolutely right that the provisions also apply to stillbirths.

[Michael Tomlinson]

My hon. Friend is making a powerful point. Does he agree that amendments 6, 21 and 24 would not widen the scope too greatly? His powerful example shows that many people in this situation will already be retired, so removing the age restriction of 18 does not widen the scope. When looking for a balance between employers and employees, which of course we must do, the amendments would not widen the scope too much.

[Kevin Foster]

The amendments would widen the scope a bit. An employee aged 61, 62 or 63 might lose a relative in their early 40s but, yes, by the point children are in their 50s or 60s, their parent is almost certain to have retired, or at the very least will only be in part-time employment. Monica Bulman, a nurse who recently retired in Torbay, did nearly 60 years in the NHS, which is remarkable. She was in her 80s when she retired.

For me, it is about the principle and about how the Minister and my hon. Friend the Member for Thirsk and Malton think employers should reasonably act in circumstances where, for everyone else, an adult has passed away but for the employee it is their child. The employee will remember their child as a baby, and that will have an emotional impact. I am concerned that we do not create a cliff edge at 18.

--- Later in debate ---

[Kevin Foster]

We are introducing the Bill to set out in law more clarity on what Parliament expects. We have touched on the fact that we should not create a set of rules that is too rigid, particularly on this 18th birthday issue. We do not want to end up with a bizarre situation in which a doctor putting on the death certificate “five minutes past midnight” means that the Bill will not apply, whereas it would apply had they put “two minutes to midnight”. I understand that we need to be specific, rather than relying on reasonableness, and we that we have to give some guidance. What each of us thinks of as a reasonable expectation in a particular moment will differ, as we are all individuals, with different views and in different circumstances. Some of our constituents rightly take the view that it is not unreasonable to wait a day or two for a reply to their email, whereas others who email at 11 pm will ask why they have not received a reply by 9 o’clock the next morning.

[Michael Tomlinson]

Yes, why not?

--- Later in debate ---

[Michael Tomlinson]

What a pleasure it is to follow the hon. Member for North Ayrshire and Arran (Patricia Gibson). She spoke with clarity and passion and from experience, and it is clear from other interventions that she has made a real difference to the Bill. I thank her for her words and for her work.

I pay tribute to my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) for his work in guiding the Bill through the House, as well as my hon. Friends the Members for Eddisbury (Antoinette Sandbach) and for Colchester (Will Quince). I have piloted a presentation Bill through the House, and I got it all the way to Third Reading before it fell at the last hurdle, so I completely appreciate the fragile china that is a private Member’s Bill. I well remember my hon. Friend the Member for Eddisbury speaking in the very first Adjournment debate that I attended as a new Member of Parliament, and what a powerful experience it was to sit close to her. I think that I appeared in a number of leaflets distributed by my hon. Friend the Member for Colchester, because I was sitting just behind him when he was making one of his powerful speeches. That had a double benefit: me hearing his wise words and the people of Colchester seeing my face in his leaflet.

I will come back to amendments 24 and 25 in due course, because the hon. Member for North Ayrshire and Arran struck a raw nerve, and her words were very prescient. My hon. Friend the Member for Torbay (Kevin Foster) has spoken in great detail to all his amendments, which I have signed, so I do not feel the need to bang on at length, but I want to address two or three areas.

First, amendments 1 and 2 relate to primary care givers and grandparents. While those amendments may not be necessary because of how the Bill is drafted—it is clear that the Secretary of State will lay regulations and that there will be a definition of a bereaved parent—it is important that we debate in this place at some length what we expect that definition to include. At a time when we need more foster carers and adoptive parents, it is right that we use the term “primary care giver”, rather than just “parent”.

[Kevin Foster]

If someone adopts a child, they become the parent as far as the law is concerned. There are also foster carers or those who have taken in a child in certain circumstances—for example, when there are potential child protection issues. We must be clear that this applies to the primary care giver, not necessarily only the person who is legally or biologically defined as the parent.

[Michael Tomlinson]

My hon. Friend is absolutely right, as he often is. That is why I was so delighted to add my name to his amendment.

It is the same with grandparents. My hon. Friend the Member for Mid Worcestershire (Nigel Huddleston) led a powerful debate in Westminster Hall just last week on the important role that grandparents play in the family. I agree with him that we should give far more credit to the possibility of grandparents having care for and access to grandchildren. That is why I was delighted to sign amendment 2, which shows the important role that grandparents do and should play in the family.

Let me move on briefly to one or two other amendments before I get to my main point. On amendment 23, I completely agree with the hon. Member for North Ayrshire and Arran about the need for flexibility. That is fundamentally right. We heard that from the hon. Member for Lincoln (Karen Lee), who quite rightly said that we do not know how grief will strike any of us—we just do not know. Some people will want to go to work immediately the next day. To be—dare I say it?—a little bit stereotypical, it is probably more often the man who will want to go straight back to work, throw himself into it, try to forget what has happened and put it to the back of his mind and just get on with life. That is not always, but quite often, the case. Flexibility is key.

We have talked before about the fact that these are minimum standards. We are not talking about good employers. These provisions are there to safeguard employees who are not fortunate enough to work for a good employer. I completely agree with the hon. Member for North Ayrshire and Arran and the thrust of amendment 22 on the need for flexibility.

That brings me to my main point, which is on amendment 21, which I have tabled, and amendments 6, 24 and 25. It seems entirely arbitrary and faintly ridiculous that we are saying that these provisions only apply when the child is up to the age of 18. It is simply not right to say that a parent acts any differently if their child is 17, 18 or 19. My brother died aged 24, and I know that it did not affect my parents any less or any more because he was 24, rather than 17 or 18.

I am incredibly proud of my brother. He used to claim that he was the first Oxford student to have been president of both the Oxford Union and the Oxford University Conservative Association since my noble Friend Lord Hague of Richmond. I think he was wrong in that, but he was very proud to claim that he did that double. Sadly, he died out in Beirut. He was on a gap year in Lebanon—he was not fighting—and was learning Arabic. There were increased tensions between Israel and Hezbollah in Lebanon, but he died of a very mundane cause: carbon monoxide poisoning. It was such an innocent tragedy, and it just should not have happened.

My father had just retired the summer before, and I know that had he still been in work, he would have found it incredibly difficult to carry on and to turn up to work the next day. My mother was still working. She had the good fortune of having a brilliant employer. She was a teacher—many of my family are teachers—and her headmaster effectively gave her that term off, so she had from April to September, because there are the long summer holidays. Imagine a scenario where a parent does not have a decent employer and does not have the protection of this law, and arguably the protection of these amendments as well.

I maintain, as did the hon. Member for North Ayrshire and Arran and my hon. Friend the Member for Torbay, that extending this beyond the age of 18 would not widen the scope that much. We have heard evidence that it may increase the burden fivefold. It is probably my fault, but I have not seen that evidence, and I want to know what it is based on. My instinct is greatly that the older the child, the more likely it is that the parent will be in retirement and therefore that this will not widen the scope. I ask the Minister to consider and perhaps set out in some detail the evidence why the burden would be so much greater if the definition of “child” was opened up to beyond the age of 18.

The final set of amendments that I want to touch on is amendments 9 to 11, in relation to the regulations. My hon. Friend the Member for Torbay is right that the regulations laid before Parliament by the Secretary of State in due course should not be onerous in relation to notice periods. We are talking about parents who are in an incredibly difficult position, at an incredibly sensitive time. We do not want to be shutting off people who are entitled to this parental leave just because they happen to have failed to give some minor notice, because the letter has gone missing or the email was not sent. We need to be sensitive at a time of grief.

[Kevin Foster]

My hon. Friend is making a very good point. Does he agree that the bonus of his amendment 17 is that someone could easily provide notice in any way; it would not have to be a handwritten letter delivered in a particular way? As long as a reasonable effort has been made to get the notice to the employer about the circumstances, that should be enough, regardless of exactly which form that notice took.

[Michael Tomlinson]

My hon. Friend is absolutely right. He has the benefit of being a lawyer and will therefore have studied notice periods and all the ancient texts about contracts and contractual arrangements. It is just nonsense to say that this should be construed that tightly and with that much regulation. We need reasonable notice periods, while being perfectly understanding of the situation that these parents are in.

I strongly support the Bill. I congratulate once again my hon. Friends for their work, and I look forward to hearing the responses from the Minister and my hon. Friend the Member for Thirsk and Malton to the points I have raised.

Small Charitable Donations and Childcare Payments Bill

Debate between Kevin Foster and Michael Tomlinson

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 11th October 2016 Commons Chamber

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

It is a great pleasure to follow my hon. Friend the Member for North East Hampshire (Mr Jayawardena), who made some excellent points with his customary eloquence. I agree with what he said.

Today’s debate gives me an opportunity to showcase one or two examples of charitable works in Dorset that go particularly well. I will start by mentioning Wimborne rotary club and its yearly Great Santa fun run. Picture, Madam Deputy Speaker, 100 men, women and children running around the local point-to-point course dressed up as Father Christmas the week before Christmas. It sounds fun and of course it is. Gone are the heady days when we aimed to win the competition—merely completing the course is a prize in itself these days. Each year, the run raises several thousand pounds for charities and good causes.

Back in 2013, when the Small Charitable Donations Act came into force, my wife was the parish church treasurer and gift aid administrator, so I know how welcome were the changes that simplified and reduced bureaucracy, as people no longer had to fill out complicated forms to secure gift aid on gifts of £20 or less.

[Kevin Foster (Torbay) (Con)]

My hon. Friend is giving an excellent speech. Does he agree that the key point to remember is that churches are not just places of worship on a Sunday but living, breathing parts of the community? For example, the Living Room initiative at St Mary Magdalene church in my constituency provides tea, coffee and bacon sandwiches for many people who have nowhere else to go.

[Michael Tomlinson]

I could not agree more with my hon. Friend, who makes an excellent point. The Bill will help all groups—not just church groups, but many others—in reclaiming gift aid and slimming down bureaucracy. I warmly welcome the Bill’s aim of further reducing bureaucracy by, for example, getting rid of the two-year rule. That will help new charities enormously and will encourage those thinking of setting up charities to do so.

Investigatory Powers Bill

Debate between Kevin Foster and Michael Tomlinson

Tuesday 15th March 2016 Commons Chamber

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

It is a pleasure to follow the hon. Member for Birmingham, Selly Oak (Steve McCabe), although I disagree with his analysis and with what he says about the Bill being a blank cheque and about the provisions being ones that North Korea or China would welcome.

I also disagree with the many comments characterising the Bill as a snoopers charter, and I agree with my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) and the shadow Home Secretary, the right hon. Member for Leigh (Andy Burnham), that it is an insult to those who work so hard to provide for our safety to characterise it in that way.

Some have accused the Government of bringing the Bill before the House too quickly; indeed, the hon. and learned Member for Edinburgh South West (Joanna Cherry) said it was a “rushed job”. Again, I disagree. There has been extensive prelegislative scrutiny of the Bill, and there will be further opportunity to scrutinise it during its later stages.

I will focus on one aspect: the authorisation under parts 2, 5, 6 and 7. On that, I agree with much of what my right hon. Friend the Member for North Shropshire (Mr Paterson) said. Essentially, the choice is whether authorisation should come from the Secretary of State, the judiciary or a combination of the two. One initial recommendation was that the Secretary of State’s authorisation should be replaced by judicial authorisation. That suggestion would replace a practice several centuries in the making, and I disagree with it.

It was said that judicial authorisation would improve public confidence in the system. I have great respect for the judiciary—as a lawyer, I have to say that, but it also happens to be true. However, I regret that it is thought that handing these powers from the Executive to the judiciary would improve public confidence, and I regret that this place and politicians are held in such low esteem. My firm view is that we should not pass the buck just because these decisions are difficult and may be unpopular, for that would risk making politicians yet more unpopular.

It has been said that Ministers are not accountable, but I disagree: they are accountable to Parliament, Select Committees and the electorate. That contrasts with judges, who, however well respected—and, of course, they are—are not elected and not accountable. This decision is an Executive decision, and as such it should certainly involve the Secretary of State. If the proposal had been that the judiciary alone would make these decisions, I would be rising to speak against the Bill. As it is, the double lock—authorisation from the Secretary of State, but with a check from the judiciary—means that I can support the proposals.

[Kevin Foster (Torbay) (Con)]

Does my hon. Friend agree that, given the nature of these powers, no Secretary of State—certainly, no Home Secretary—would come to the House and say, “I didn’t know,” if there had been a controversy about their usage and about a warrant?

[Michael Tomlinson]

As always, my hon. Friend makes an insightful point, and I am grateful for his intervention. As drafted, however, the double lock is a sensible compromise, which perhaps strikes the right balance. In the broader context of the Bill, and as set out, the test in the Bill is just, necessary and proportionate, and I will be supporting it this evening.

NHS (Charitable Trusts Etc) Bill

Debate between Kevin Foster and Michael Tomlinson

Friday 22nd January 2016 Commons Chamber

[Michael Tomlinson]

I envisage the consultation being as wide as possible. My hon. Friend mentions everyone who has been to see “Peter Pan”, and that would be a pretty wide consultation—perhaps not everyone has seen “Peter Pan” and I highly recommend that those who have not, do so. I envisage that the principle is that it is as wide a consultation as possible.

The Bill, which has wide support on both sides of the House, is the product of a public consultation, so I fail to see how Members can disagree with this proposal.

[Kevin Foster (Torbay) (Con)]

I thank my hon. Friend for giving way; he is being incredibly generous in taking interventions. Every charity has a group of people it benefits. Does my hon. Friend agree that for this consultation to have any meaning, it would have to be with the entire area of benefit, which could in some cases involve literally millions of people? Does he also agree that most of them would probably feel their charitable funds would be better spent getting on with the job, rather than having a very large consultation about who appoints a director of the trustees?

[Michael Tomlinson]

I understand that point, which is similar to other points questioning the benefit and the cost, but I respectfully suggest that the benefit outweighs the cost in this case and that the public, seeing that they are consulted, would once again be re-engaged with the political process, which I think my hon. Friend should support.

--- Later in debate ---

[Michael Tomlinson]

In which case, let me turn to that very point. As my hon. Friend rightly says, my amendment 4 contains the word “appropriate”. We can all envisage inappropriate public consultations. I again contend that this term should be relatively uncontroversial, because we all know what it means. An inappropriate consultation would be too short or would take place over a festive period such as Christmas, when either people would not have the opportunity to respond or an insufficient number would have the opportunity to do so. Although I welcome the opportunity to expand on the word “appropriate”, I believe it is pretty obvious what it means.

[Kevin Foster]

The word “appropriate” also relates to the level of the thing to be consulted upon. We have a tradition in this country: certain things—for example, Britain’s membership of the European Union—are decided by consulting every member of the public in a referendum. Other issues such as school funding also affect the wider public, but on issues such as who is a director of something we do not usually go to the length of a full public consultation to decide the process. This is about what is appropriate given the nature of the issue, as well as what is appropriate in terms of the time of year the consultation is held and how long we give people to respond.

[Michael Tomlinson]

I am very grateful for that helpful intervention. I would wish to expand on the issue of an EU referendum, but I suspect that Mr Speaker would encourage me to move on, so I will not be tempted down that line. I understand the point my hon. Friend makes and will merely respectfully suggest that the word “appropriate” speaks for itself and requires no further elaboration.

Given your encouragement, Mr Speaker, I will now move on to amendments 5 and 6, which also stand in my name and that of my hon. Friend the Member for Erewash. They seek to remove the requirement that the regulations may make provision consequential to the removal of the Secretary of State’s powers; in effect, they would remove the affirmative resolution procedure and insert the negative one. They are simple amendments, so I will not take up your time in debating them at length, Mr Speaker. In effect, the debate is being held now, as is perfectly appropriate, and it would therefore be unnecessary in this case to bring it back.

School Funding

Debate between Kevin Foster and Michael Tomlinson

Thursday 5th November 2015 Westminster Hall

[Michael Tomlinson]

I am grateful to my hon. Friend for making that point. It is right that the formula is about beginning to close the gap. That is all I am fighting for today.

I am pleased that the Government have recognised the issue’s importance. I am also pleased to have fought the election on a manifesto that set out so clearly the need for a fairer funding formula. Similarly, I was pleased by the responses of the Secretary of State and the Prime Minister to my questions in the House. I was pleased not just because they were in answer to my questions, but because they were encouraging.

Other hon. Members have mentioned the £390 million that was granted in 2014-15 and that is now embedded in future years. I welcome that, but I see it as a down payment—a first step—rather than the finished article.

Let me turn for a moment to wider funding issues, because the motion is that

“this House has considered funding for schools”

generally. Montacute school in my constituency is, as the Minister may know, a special academy for children with severe and multiple learning difficulties and special needs. Recently, it received a very welcome £5 million to completely restructure what was a rather dilapidated building that was falling down, and I was delighted to be present at the opening of the new building. However, the funding included no additional money for the inside—the fixtures and fittings, which are the very things that are required to make a school really a school.

Local families have clubbed together as part of Monty’s fund, and they have raised £500,000 to date. However, more is required, and I urge the Minister to consider that as a particular request. I will be making a small difference by dressing up as Father Christmas and entering the great Santa fun run with members of Wimborne rotary club. I invite the Minister to join me. Where better to run and raise money for a good cause than round Badbury Rings?

[Kevin Foster]

Does my hon. Friend agree that although it is great to see such charitable work, people would be more encouraged to take part if they saw a fair funding formula in place?

[Michael Tomlinson]

My hon. Friend is right that it is all well and good raising money in small ways like this, but we are actually arguing for a fairer funding formula, so let me return to that.

Few people in the Chamber, and few outside it, have questioned the logic of, or the need for, a fairer funding formula. The inequality is clear to see, and I urge the Minister, as other Members have done, to set out a timetable. We need substantive change, and we need it to put the needs of our children first and foremost.