Oral Answers to Questions

Debate between Kevin Hollinrake and Lindsay Hoyle

Thursday 2nd May 2024 Commons Chamber

[Kevin Hollinrake]

My hon. Friend is a real champion of small business, and we meet often talk about these matters. This Government’s policies have pushed the UK to third place in the OECD rankings for start-ups—third out of 39 countries—and we have a suite of programmes to help small businesses. Most importantly, we offer access to finance, with our Start-Up Loans Company, growth guarantee scheme and equity investment schemes, the seed enterprise investment scheme and the enterprise investment scheme. We offer supportive advice through our Help to Grow management suite, including our newly launched “Help to Grow: Management Essentials” course, which is two hours’ free online training for small businesses. We are also removing barriers through non-financial reporting. As well as the monetary size thresholds, we are consulting on increasing the employee size thresholds from 250 employees for a medium-sized company to 500, which will save medium-sized companies a further £150 million a year.

[Mr Speaker]

I call the shadow Minister.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

Alongside the despair and financial pressures faced by small businesses, the British Poultry Council recently reported that unreciprocated EU border checks have unfairly saddled UK exporters with £55 million a year in extra costs, while their EU counterparts pay absolutely nothing. Does the Minister agree that this Government’s failure to negotiate a fair sanitary and phytosanitary agreement with the EU has directly undermined British businesses and exposed our exporters to severe competitive disadvantages?

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[The Minister of State, Department for Business and Trade (Kevin Hollinrake)]

I thank my right hon. Friend for her work on this, and she raised this important matter with me at meetings last month. We allocate £50 million for the uncommercial part of the network, and part of that should help the services in her constituency. I know she is disappointed at the closure of the outreach service in Kelsale, but there is an alternative permanent post office branch in Saxmundham, 1.3 miles away. I am happy to continue the conversation between her and the post office to make sure that she gets the services she needs in her constituency.

[Mr Speaker]

I call the shadow Minister.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

Shoplifting cost UK retailers £1.8 billion in 2023, the highest figure on record. The Government’s £200 shoplifting threshold has effectively decriminalised this offence, which is costing businesses dear. What discussions has the Minister had with the Home Secretary about scrapping it, as Labour plans to do, so retailers and customers are protected and high street businesses can thrive?

Post Office Legislation

Debate between Kevin Hollinrake and Lindsay Hoyle

Wednesday 13th March 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

With permission, Mr Speaker, I shall make a statement about Post Office legislation and the Horizon redress schemes.

I am very pleased to be able to announce that today we are introducing a new Bill that will quash the convictions of postmasters in England and Wales affected by the Horizon scandal. As set out in my written statement last month, this legislation will quash all convictions that meet a clear set of conditions. Those in scope will have their convictions quashed on the day that the new legislation is brought into force. Subject to parliamentary passage, our aim is for Royal Assent to be received as soon as possible before the summer recess.

We accept, and have always been clear, that the legislation may overturn the convictions of some people who are guilty of genuine wrongdoing, but we believe this is a price worth paying to ensure that many innocent people are exonerated. However, the Government will seek to mitigate the risk of people receiving financial redress when they have not been wronged.

The Government also accept that this legislation is unprecedented. It is an exceptional response to a factually exceptional situation. I want to be clear that this does not set a precedent, and neither is it a criticism of the judiciary or the courts, which have dealt swiftly with matters brought before them. The fact remains, however, that three years after the first convictions were overturned, only around 100 have been quashed. Without Government intervention, many of these convictions could not be overturned, either because all the evidence has long been lost or because, quite simply, postmasters have lost faith in the state and the criminal justice system, and will not come forward to seek justice.

The legislation will apply to England and Wales only. However, we are fully committed to working with the Scottish Government and the Northern Ireland Executive through regular, weekly official-level engagement to progress their own approaches. I have met my counterparts in the Scottish Government and the Northern Ireland Executive to offer support and address their concerns, and I will have further meetings. The financial redress scheme will be open to applicants throughout the UK, once convictions have been overturned.

I thank the Business and Trade Committee, which recently published a report that includes some recommendations for the Government regarding Horizon redress. We will respond to them in the usual way, but today I would like to address two of the Committee’s recommendations. The first is that responsibility for redress should not lie with the Post Office, as it should be subject to independent oversight—something that has also been recommended to us by the Horizon compensation advisory board. I can announce today that the Department for Business and Trade, rather than the Post Office, will be responsible for the delivery of redress for overturned convictions. Final decisions on redress will be made by independent panels or independent individuals.

With your permission, Mr Speaker, I shall return to the House at a later date to provide details on how we intend to deliver redress for those who have their convictions overturned by the Bill or via subsequent measures taken in Scotland and Northern Ireland. We are discussing the details with the advisory board. The Financial Secretary to the Treasury, my hon. Friend the Member for Mid Worcestershire (Nigel Huddleston), will introduce legislation to make any payments made via the new scheme exempt from tax.

Secondly, the Select Committee recommended that the Government introduce legally binding timeframes to deliver redress for sub-postmasters, with financial penalties for non-compliance. I strongly support the Committee’s desire to speed up redress, but we feel that its proposed regime would have the opposite impact. It would potentially mean imposing penalties on forensic accountants or others who are helping postmasters to prepare their claims. Doing that would probably cause some of them to withdraw from this work, which would slow down the delivery of redress. Furthermore, we do not want to be in the position of rushing postmasters into major decisions about their claims and the offers they receive, which would possibly mean that some are timed out of redress altogether. The advisory board has said that its “strong view” is that

“this would be a backward step”,

which is why we passed legislation less than two months ago to remove the arbitrary deadline from the group litigation order scheme. We do not want to reverse that change.

However, the Government are acting to ensure that redress is delivered as quickly as possible. First, we are working with claimants’ lawyers to reduce the number of cases that require expert evidence—for example, from forensic accountants—or medical evidence, which delays claims. We will pilot that approach and, assuming that the pilot succeeds, we hope to expand it rapidly.

Secondly, the advisory board and I have asked for monthly reports on each scheme. They will come from schemes’ independent case managers, where such managers are in place. We will publish the reports, which will give us the best basis on which to assess measures for speeding up redress.

Finally, we are introducing optional fixed-sum awards. In January, the Government announced that they would offer an optional fixed-sum award of £75,000 to those in the group litigation order scheme. As of 5 March, 110 offers have been accepted, and over 100 people have taken the £75,000 fixed payment. Of those who have accepted the fixed payment, three quarters are new claimants, so the fixed offer has already meant that over 100 claims have been resolved promptly. In some cases, those people will have got more than they would have asked for. The fixed offer has also had a helpful effect on other claims, because it substantially reduces work on small claims by claimants’ lawyers, making more resource available to progress larger claims more quickly.

I am pleased to announce today that the £75,000 fixed-sum award offer will now be extended to the Horizon shortfall scheme, to ensure that everyone is treated fairly across all the schemes. Those who have already settled their claim below £75,000 will be offered a top-up to bring their total redress to that amount; over 2,000 postmasters will benefit quickly from this announcement.

We are mindful that claims are not being submitted to the GLO scheme as swiftly as we would like. We have already announced the optional fixed-sum award of £75,000, but to ensure that we get help to claimants more quickly, I can announce today that anyone who chooses not to take that offer, and instead submits a full claim for individual assessment, will have their interim payment topped up to £50,000 straight away.

Many postmasters’ lives have been ruined by the Horizon scandal, and we are working hard to deliver redress. We have set up the Williams inquiry, which will discover the truth. We will provide fair financial redress as promptly as we can, and we will exonerate those who were so unjustly convicted of crimes that they did not commit. I commend this statement to the House.

[Mr Speaker]

I call the shadow Minister.

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[Kevin Hollinrake]

I thank my hon. Friend for his question, for his tireless campaigning in this area, and for his tireless work as my predecessor in this role. He did some great work to help us get where we are today. He is right to say there are some people who are not exonerated through this process—for example, people who have been before the Court of Appeal—but they will be able to appeal again in the light of our legislation. Of course, they had the right to do that anyway, but we will support them where we can in bringing forward their case to the Court of Appeal, and we very much hope that innocent people who follow that process will be exonerated.

[Mr Speaker]

We come to Scottish National party spokesperson.

Oral Answers to Questions

Debate between Kevin Hollinrake and Lindsay Hoyle

Thursday 7th March 2024 Commons Chamber

[Kevin Hollinrake]

We already have woken up to that opportunity. As the hon. Gentleman knows, we have great opportunities in hydrogen in Teesside and in Yorkshire, with the Humber hydrogen cluster. It is something we are keen to support as a Government, and I would appreciate it if he offered his support, too.

[Mr Speaker]

I call the shadow Minister.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

The perfect storm of rising borrowing, rent and labour costs is continuing to cripple businesses, and the UK small business index fell 78 points last December, according to Xero Small Business Insights, to the lowest reading since the middle of the pandemic in August 2020. The Government have had 14 years to tackle the barriers facing SMEs. What specifically will the Small Business Council do, and what will Ministers do to halt the alarming trend of more businesses closing than opening?

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[Kevin Hollinrake]

The hon. Gentleman is right to point to this measure. We know that naming and shaming is a significant deterrent against underpayment of the national minimum wage, and we are very keen to ensure that naming continues. Alas, in the most recent naming and shaming round, 2,800 minimum wage investigations returned more than £16.3 million in arrears to over 120,000 workers. His Majesty’s Revenue and Customs issued businesses with nearly 700 fines, totalling £13.2 million. As the hon. Gentleman recognises, naming and shaming alone is a significant deterrent and we intend to continue doing it.

[Mr Speaker]

I call the shadow Minister.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

My hon. Friend the Member for Bury South (Christian Wakeford) is right that too many employers still think they can opt out of paying the minimum wage. Earlier this week, the Low Pay Commission published its 2023 report, which said that non-compliance “appears persistent” in the social care sector. I have heard a range of evidence citing problems with record keeping, exploitation of migrant workers, and workers routinely not being paid for travel time.

It is clear that the social care sector has a real issue with the minimum wage but, when browsing through the latest naming and shaming list published by the Department a couple of week ago, I found only 17 employers classed as being within the social care sector, which is less than 0.1% of the total number of employers in the sector. What will the Minister do to ensure that everyone working in the social care sector gets at least the minimum wage?

Post Office Board and Governance

Debate between Kevin Hollinrake and Lindsay Hoyle

Wednesday 28th February 2024 Commons Chamber

[Kevin Hollinrake]

I thank my hon. Friend for her question and for her work on the Select Committee. It is one thing to criticise Ministers, but entirely another to sully the good name of a civil servant. Sarah Munby has been very clear in her letter that she published on this matter that Mr Staunton is wrong. She has also been very clear that she has contemporaneous notes of that meeting, and we will be publishing those notes that will clarify and back up the fact that Henry Staunton is wrong and that Sarah Munby is right.

[Mr Speaker]

I call the shadow Minister.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

What we saw yesterday was unedifying and, at points, a fiasco. Sub-postmasters watching will have rightly been dismayed and will have felt that, if anything, they were moving further away from justice. The ongoing conflict at the top of the Post Office and the failure of the Government to get a grip is helping no one and is only further eroding trust in this process. The Secretary of State should reflect on how her approach to the news of recent weeks has only exacerbated that. We, and especially victims, have all had enough of the “He said, she said”. Does the Minister now recognise that the best way to end this is by fully clarifying what the Government have or have not said, through an independent Cabinet Office investigation?

May I also pick up on some very worrying evidence given yesterday by Carl Creswell, the director of business resilience in the Department for Business and Trade? When talking about the financial provisions set aside for Horizon compensation, he said:

“I personally think we will end up spending more money on compensation overall than that £1 billion figure, which was modelled at an earlier stage.”

That is incredibly serious. Does the Minister share that view held by one of his senior civil servants? If so, what conversations has he had with Government colleagues and will we see that reflected in next week’s Budget?

Will the Minister clarify whether he or the Secretary of State were aware that Nick Read was also under investigation, as was allegedly stated in the 80-page document referred to by Henry Staunton in yesterday’s Select Committee hearing? In response to me during an urgent question on 29 January, the Minister said that Henry Staunton’s sacking was not due to a falling out, but that it was

“about very serious governance issues related to the person who headed the board of the organisation, which are obviously confidential human resources issues.”—[Official Report, 29 January 2024; Vol. 744, c. 612.]

Will the Minister confirm whether he had sight of the confidential human resources report referred to in yesterday’s Select Committee hearing? If so, why was he selective in his update to the House?

Finally, it is very important to make sure that we restore trust, by urgently bringing forward legislation. I hope that, unlike yesterday’s unseemly events, our focus can return to making sure that we exonerate the sub-postmasters and deliver the recompense that they rightly deserve.

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[Kevin Hollinrake]

I will not give way, as I am answering the hon. Lady’s question.

[Mr Speaker]

This is not a debate.

[Kevin Hollinrake]

I did find what happened yesterday unedifying, but that was about one person; everybody else who gave evidence yesterday was clear that there was no sense ever of trying to slow down compensation. Neither do I think the hon. Lady is right to say that postmasters are further away from getting compensation; it is quite the opposite. To imply that and so raise questions about the compensation scheme could lead to people not coming forward. We welcome the fact that 1,000 more people have come forward since the ITV series. People are closer to compensation, not further away, and the actions we are taking, through the compensation advisory board, the overturning of convictions, the Horizon shortfall scheme, which is nearly completed, and the GLO scheme are all moving on. If she wants to end the, “He said, she said”, perhaps she should end it, because we want to move on and pay compensation.

As for the figure of £1 billion, is the hon. Lady saying it is serious if we have no cap on compensation? I do not think that is serious at all; of course we have no cap on compensation. The £1 billion is a maximum budget, but if that needs to be increased, it should be. If she is saying that we should not increase it if people deserve more, she should put that on the record. It would be an entirely irresponsible thing to do. Every time I have dealt with this matter over the Dispatch Box with shadow Ministers, it has been constructive and collaborative, and I resent the tone she has taken in this case.

[Mr Speaker]

Let me say, in fairness to the Minister, that he has come here on more occasions than anybody else I have known. He has absolutely ensured that the House has been kept informed—he goes without question on this.

[Mark Pawsey (Rugby) (Con)]

I commend the Minister, not only for the consistent and compassionate approach he has taken to this matter, but for his attendance at yesterday’s session. It lasted for five hours and he was there for the greater part of it. He is right to say that much of what we heard yesterday was a real distraction from the key objective of the Government and the Committee of making sure there is speedy compensation for our postmasters. It was clear that the former chairman and possibly the chief executive exhibited limitations in their roles and were perhaps unsuitable for the roles to which they were appointed, so are there any broader lessons we might deduce on how we go about recruitment for publicly owned organisations such as the Post Office?

Post Office Horizon Scandal

Debate between Kevin Hollinrake and Lindsay Hoyle

Thursday 22nd February 2024 Commons Chamber

[Kevin Hollinrake]

I thank my hon. Friend for his work on this matter; as my predecessor, he did a tremendous job. The most concerning allegation we heard over the weekend was about the delay in the payment of compensation. In her letter, which is publicly available, the permanent secretary wrote:

“It is not true that I made any instruction, either explicitly or implicitly. In fact, no mention of delaying compensation appears in either note.”

So I agree with my hon. Friend that we should move on from that and focus on what really matters, which is getting what he rightly described as life-changing compensation to postmasters as quickly as possible. That is his, and will remain our, No. 1 priority.

[Mr Speaker]

I call the shadow Minister.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

Let me first pay tribute to my right hon. Friend the Member for North Durham (Mr Jones) for securing the urgent question, and indeed for all the work he has done over many years, along with other Members, in trying to secure justice for sub-postmasters.

The Post Office Horizon scandal is one of the most insidious injustices in our country’s history. It has robbed innocent people of their livelihoods, their liberty and, all too sadly, their lives. At least 60 sub-postmasters have died without seeing justice or receiving compensation, and at least four have taken their own lives. More than 20 years on, the victims and their families are still suffering from the consequences and the trauma of all that they have been put through. They have been trapped in a nightmare for too long. We all want to see the exoneration of all who remain convicted, and the delivery of rightful compensation to all affected sub-postmasters, as quickly as possible. Labour wants to see a swift and comprehensive solution to this insidious injustice, and we are willing to work with the Government to ensure that happens.

Will the Minister please provide an update on the timeline to which he is working to amend the seismic damage that this scandal has caused, and will he please give an assurance that he is acting with the appropriate speed that is required for necessary legislation to go through? Victims have already waited too long for justice, and we must act now, with the speed and urgency that this awful scandal requires.

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[Kevin Hollinrake]

I thank my right hon. Friend for her question and for making that point; she is absolutely right. Disclosure both to the inquiry and on individual cases, which is required to be able to compile claims, has been too slow. If Post Office Ltd and its management team are going to rebuild trusts with claimants and the wider public, it is absolutely incumbent on them that this is done properly and that the governance around it is done properly. That is part of the reason why the Secretary of State acted as decisively as she did, but I absolutely concur with my right hon. Friend. Alongside her, I urge Post Office Ltd to deliver disclosure more quickly.

[Mr Speaker]

I call the SNP spokesperson.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

Documents published this week by the BBC reveal that the Swift review, dated February 2016, noted that Post Office Ltd “had always known” about the balancing transaction capability that allowed transactions to be addended remotely, which is what happened. The lawyers for Post Office Ltd did nothing about that, and many people still do not trust it. A letter has been circulated, and the right hon. Member for North Durham (Mr Jones) deserves all the praise we can give him today. I have a copy of his memo, which says that anyone can write to him on any issue and get advice on how to pursue claims.

The Minister has given us a list of percentages and so on, but it is still not fast enough. It is still not good enough, and one of the reasons is that Post Office Ltd is still not trusted; people want nothing to do with it. I cannot fix that, but I do not think that the spat between the Secretary of State and Henry Staunton this week did anything to increase sub-postmasters’ confidence, and we really need to get this sorted. Yes, the Horizon shortfall scheme has been well managed in some regards, and claims are going through and being paid, but how much is being paid? So many sub-postmasters are getting derisory offers—not just people in the GLO scheme, but normal, everyday sub-postmasters who have been putting in money for years. We need to get this sorted. I appeal to all sub-postmasters affected to put in a claim.

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[Kevin Hollinrake]

I thank my hon. Friend for his regular contributions on this subject, which he frequently raised prior to the ITV series. I appreciate his work.

My hon. Friend is right to say that no amount of compensation can make up for what happened to many people’s lives. We want all the innocent people to be exonerated. We know there is nervousness, with some victims not trusting the process—they have simply had enough. We met Howe & Co., one of the solicitors, to talk about this issue yesterday, and its contention is that around 40% of the people who received a letter saying, “We will not oppose an appeal,” still will not come forward. We need a process that does not require people to come forward if we are to have a mass exoneration of those affected by this horrendous scandal. We hope to announce that later today.

[Mr Speaker]

I call the Chair of the Business and Trade Committee.

[Liam Byrne (Birmingham, Hodge Hill) (Lab)]

I associate myself with the words of praise for the Minister’s speed and attention on this issue. I think a legally binding instruction for the Post Office and the Department to deliver at speed is a necessity in the new Bill. The Minister has told us today that about £160 million has been paid in compensation, but there is provision for about £1.2 billion, which means that only 13% of the money has been paid out. He updated the House on the number of claimants, and there were 555 people in the GLO group and 700 who were convicted. As the Minister told us, only 73 people have had their final compensation fully paid, which is only 6% of the two groups.

The confusion at the beginning of the week about who said what to whom shows there is confusion about the instruction to deliver at speed. When the Bill comes before us, will the Minister reflect on the necessity for a legally binding deadline under which the Post Office must make information available in 20 to 30 days and an offer must be made to settle within 20 to 30 days, with a legally binding deadline for final resolution? Otherwise, frankly, I worry that the ambiguity will still cause delays. He knows as well as I do that justice delayed is justice denied.

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[Kevin Hollinrake]

I thank the hon. Member for all the work that he has done in this area. I think he has spoken in every single debate that I have responded to in the House on this particular matter. [Laughter.] And every single debate across this House as well. That was also the case when we were working together, fighting for justice for banking victims. I pay tribute to all the work that he has done in this House in all these different areas.

On the hon. Member’s question, the key principle is that somebody is returned to the position that they would have been in financially prior to the detriment taking place. That could take into account, for example, consequential losses, pecuniary losses—financial losses—as well as non-pecuniary losses, which are other impacts such as those on reputation or on health. The short answer to the hon. Member’s question is, yes, absolutely.

[Mr Speaker]

That completes the urgent question. We now move to the next one.

Post Office Ltd

Debate between Kevin Hollinrake and Lindsay Hoyle

Monday 29th January 2024 Commons Chamber

[Kevin Hollinrake]

I thank my right hon. Friend for her question and the work that she has done on this. We set up the inquiry in 2021 to undertake that work. Those documents are public and subject to public scrutiny. She may have watched some of the inquiry sessions, which were very revealing about some of the conduct that happened at the Post Office. That inquiry is due to conclude by the end of this year and then report probably sometime next year. We will have a much clearer understanding then of who is responsible, and, as is often said at this Dispatch Box, that is the time to hold those individuals to account.

[Mr Speaker]

I call the shadow Minister.

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[Kevin Hollinrake]

I thank my hon. Friend for his work on the Select Committee. I was present for his line of questioning during that session. The chief executive committed to providing responses to the Committee; I am not sure whether they have been provided thus far. A number of questions needed to be addressed, and it is right that those answers be provided. As far as the Government are concerned, our primary means of achieving that is through the inquiry, which is hearing important evidence right now, and will conclude its work by the end of the year and report shortly afterwards.

[Mr Speaker]

I call the SNP spokesperson.

[Richard Thomson (Gordon) (SNP)]

Surely if ever there was a time to consider removing Mr Staunton from his post, it was after it emerged last year that bonuses were being paid to Post Office executives simply for doing what I think we would all expect them to: co-operating fully with the Horizon inquiry. I think that people will be forgiven for having the suspicion that, when it comes to Horizon, Ministers have been a bit like the Japanese moon lander, suddenly bursting to life as soon as a bit of light is shone on them, in this case by an ITV programme.

I have two questions. First, Fujitsu’s representatives told the Business and Trade Committee a fortnight ago that Fujitsu had a “moral obligation” to contribute to the financial redress for the victims. Has the Secretary of State had any discussions yet with Fujitsu about how and when that might happen, as well as about the size of the contribution that it might make? Secondly, with regard to the continued unexplained shortfalls in Horizon, will the Government commit to revealing how much in excess the Post Office claimed back from staff, resorting to forensic accountancy if required?

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[Kevin Hollinrake]

That is absolutely right. It should not be the case that a postmaster has to evidence a document that does not exist. The benefit of the doubt should be with the postmaster. Of course it is fair to ask, “Do you have documentation to support any claim you are making?”, but if the evidence is not there, the benefit of the doubt should be with the postmaster.

[Mr Speaker]

I call the Chair of the Select Committee.

[Liam Byrne (Birmingham, Hodge Hill) (Lab)]

Leaving the Post Office rudderless now, when people are literally dying before they get redress, is not a situation we can put up with. The key question for the Minister is this: where is the Bill to expedite redress for those who were wrongfully convicted? Will he commit this afternoon finally to making sure that we have pre-legislative scrutiny of that Bill so that it is as strong as it can be, and will he commit to a hard deadline enshrined in law in the Bill to make sure the payments are made as rapidly as possible? Frankly, Mr Bates and the other sub-postmasters who have been wronged for so long should not be made to wait a moment longer.

Oral Answers to Questions

Debate between Kevin Hollinrake and Lindsay Hoyle

Thursday 25th January 2024 Commons Chamber

[Kevin Hollinrake]

The hon. Member raises a very important point. It is something that we look at all the time, and certainly we have had discussions on the matter. We already have programmes in place, including the £12.4 billion that we distribute through the British Business Bank that supports nations and regions funds. Some of that will certainly help businesses to access finance to decarbonise. We look at those measures all the time, and we are happy to work with him on future programmes that we might roll out.

[Mr Speaker]

I call the shadow Minister.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

Small and medium-sized enterprises are a vital part of a thriving global economy, yet 49% of British SMEs say that they lack the time or resources to sell internationally. They are being hindered by complex regulation, insufficient access to funding and inadequate Government guidance. That is why Labour has launched the small business export taskforce with the Federation of Small Businesses to listen to business needs and address them head-on. What is the Minister doing to support hard-working SMEs in navigating the Government’s complex web of regulatory requirements and help unleash this untapped entrepreneurial potential?

[Kevin Hollinrake]

We agree with the hon. Gentleman on the ambition, but he is probably behind the game a little in terms of what we are actually doing, not least in the 73 free trade agreements that we have agreed, including the comprehensive and progressive agreement for trans-Pacific partnership that is coming down the track. I hope that he will be supportive of that agreement. He has probably also never heard of the export support service, the international trade advisers and the export champions, all of which help our SMEs export to other parts of the word.

[Mr Speaker]

I call George Freeman.

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[Kevin Hollinrake]

The hon. Lady raises important points. Of course, the Chancellor can do nothing if the Scottish Government do not pass on our support to Scotland, which they have not done for business rates. I know that that is out of her hands, but it is a point she may want to raise with the Scottish Government. The average pub in Scotland is £15,000 worse off a year than its English counterpart because they have not passed through that rates support. The average restaurant or guest house is £30,000 worse off than its English counterpart, and closure rates in Scotland are 30% higher than in England.

[Mr Speaker]

I call the shadow Minister.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

Business closures now exceed new business openings, with 345,000 businesses across the UK closing in 2022—the highest since records began. This week, the Financial Times reported that more than 47,000 businesses are on the verge of collapse. Former Prime Minister Johnson used an expletive to describe his party’s commitment to business. His successor well and truly delivered on that commitment by crashing the economy. Is it not time the Government put businesses out of their misery by calling a general election, so that the country can get back to business?

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[Kevin Hollinrake]

I thank my right hon. Friend for all the work he has done in this area. I understand that the requirement to sign the Official Secrets Act relates to the confidentiality of mail; it does not relate to the confidentiality of issues regarding mistreatment by Post Office Ltd. My right hon. Friend is absolutely right to raise that point, and I will certainly raise it with Post Office Ltd, but I can confirm that that would not prevent somebody from speaking out, including to their Member of Parliament.

[Mr Speaker]

I call the shadow Secretary of State.

[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

The Minister knows that we are willing to work with the Government on a way to exonerate the sub-postmasters and get them compensation as quickly as possible. The proposals will have to be imperfect, but they represent a clear option for resolving this terrible issue. As a way to ensure safeguards against any potential future misuse of precedent, could cross-party agreement be established as an essential provision for the exercise of powers of this kind?

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[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

I thank the hon. Gentleman for his work on this matter, which he and I have discussed on many occasions. The limits are there to try to prevent money laundering, but it is important that the checks are proportionate. I have raised their impact on a number of occasions with the Financial Conduct Authority and UK Finance. There is more transparency now and they are working more effectively. I know that the wonderful Ingham’s fish and chip shop in Filey now experiences fewer problems when it pays in money at its local post office. There is a great opportunity not just for Inghams fish and chip shop but for the post office banking framework to make that relationship more lucrative.

[Mr Speaker]

I call the shadow Minister.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

Postal workers are the bedrock of our communities, but they are being forced to work at unsustainable levels—something that, sadly, has not been recognised in Ofcom’s report on the future of universal service obligations. The input of postal workers is critical to a successful Royal Mail, so please can we have confirmation that their views will be considered in any future decisions?

Post Office Horizon Scandal

Debate between Kevin Hollinrake and Lindsay Hoyle

Wednesday 10th January 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

As the Prime Minister indicated a few minutes ago, I will inform the House about the further steps the Government are taking to address the Horizon scandal.

The Government are taking measures to speed up the flow of compensation. We have already set a target of issuing initial offers for 90% of group litigation order cases within 40 days of receiving a completed application. I announced in November that we would be introducing a £600,000 up-front offer for claims with overturned convictions, which people could choose to take rather than going through the detailed assessment process. This has already made a real difference. Before my announcement, only five of the relevant people had reached full and final settlements; I can now report that, with the help of the minimum payments, we have finalised 30 cases. This has obviously speeded matters along for those who have taken this up-front offer. It has also helped those who have chosen individual assessment, because resources can be concentrated on those cases.

I can announce today that we are taking similar measures in respect of the group litigation order scheme. We will now make people in that scheme an up-front offer of £75,000, which will save them having to go through a full assessment. However, as with overturned convictions, if they believe they are entitled to more, they are welcome to continue with the full assessment. Not only will this allow the Department to focus its resources on the larger cases, but it will allow claimants’ lawyers to do the same. The pace at which we can get claims into the scheme is the key constraint on how quickly we can settle them. The up-front offer is smaller for the GLO scheme than for the overturned convictions because the claims tend to be smaller. We estimate that perhaps a third of GLO claimants may want to consider this route. I am sure the House will welcome this measure.

When I made my statement on Monday, I heard Members from all parts of the House share my desire to ensure justice for postmasters who have been convicted of offences as part of the scandal. The whole House is united on this, and in the light of last week’s excellent ITV series, I believe the whole nation is united on it, too. We have all been moved by the stories of postmasters who have been unjustly convicted and the terrible effects over the period of two decades on their finances, health and relationships. Indeed, we have seen whole lives ruined by this brutal and arbitrary exercise of power.

Hundreds of convictions remain extant. Some of those convictions will have relied on evidence from the discredited Horizon system; others will have been the result of appalling failures of the Post Office’s investigation and prosecution functions. The evidence already emerging from Sir Wyn Williams’s inquiry has shown not only incompetence, but malevolence in many of their actions. This evidence was not available to the courts when they made their decisions on individual cases. So far, 95 out of more than 900 convictions have been overturned. We know that postmasters have been reluctant to apply to have their convictions overturned—many of them have decided that they have been through enough and cannot face further engagement with authority. Many fear having their hopes raised, only for them to be dashed yet again.

The Horizon compensation advisory board has recommended that we should overturn all the convictions of the postmasters who were prosecuted in the Horizon scandal. I think its motivation for doing so is absolutely right, and we will work with it to speed up the process. May I put on the record my thanks to Lord Arbuthnot, who is in the Gallery today, and the right hon. Member for North Durham (Mr Jones) for their work on the campaign generally and on that advisory board?

Following the recommendation would involve unprecedented action by Parliament to overturn specific verdicts of the courts. The Government completely recognise the importance of an independent court system and judiciary, so the recommendation raises important issues of constitutional principle. This is therefore not a decision we can take lightly. It also creates the risks of a different sort of injustice.

I am sure that a great many people were wrongly convicted in the scandal, but I cannot tell the House that all of those prosecuted were innocent or even that it was 90%, or 80%, or 70%. Without retrying every case, we cannot know. The risk is that instead of unjust convictions, we end up with unjust acquittals, and we just would not know how many. The only way we could tell would be to put all cases through the courts, further dragging out the distress for many innocent people.

[Mr Speaker]

Order. This is a very important issue, so I will allow the Minister to continue, but that means the time of the Opposition spokesperson will also increase, as does Sir David’s. It is too important an issue to curtail the Minister, but officials ought to be aware that when they provide speeches, they are for three minutes. However, I want the Minister finish his speech, because the issue is far too important.

[Kevin Hollinrake]

I apologise, Mr Speaker, for the length of this response to the urgent question, but the matter is, as you say, of vital importance.

We have been faced with a dilemma: either accept the present problem of many people carrying the unjustified slur of conviction, or accept that an unknown number of people who have genuinely stolen from their post office will be exonerated and perhaps even compensated. I can therefore announce that we intend to bring forward legislation as soon as we can to overturn the convictions of all those convicted in England or Wales on the basis of Post Office evidence given during the Horizon scandal. The Government will in the coming days consider whether to include the small number of cases that have already been considered by the appeal courts and had convictions upheld.

We recognise that this is an exceptional step, but these are exceptional circumstances. As the House knows, people with convictions that have been overturned are offered a choice between having their compensation individually assessed or settling on an up-front offer of £600,000. As far as possible, we want to avoid guilty people walking away with hundreds of thousands of pounds of public money, but we cannot make the provision of compensation subject to a detailed examination of guilt. We have concluded that to ask the court to do that again would be unfair to individuals.

We cannot turn this into an administrative exercise. All we ask is that as part of their claims for compensation, postmasters sign a statement to the effect that they did not commit the crimes of which they are accused. Anyone subsequently found to have signed such a statement untruthfully will be putting themselves at risk of prosecution for fraud. I do not pretend to the House that that is a foolproof device, but it is a proportionate one that respects the ordeal that these people have already suffered. It means that an honest postmaster will have his or her conviction overturned and, just by signing one document, can secure compensation.

No one should take our decision as a criticism of the judiciary. The original decisions were taken in good faith in the understanding that prosecutions were properly conducted and that assertions about the robustness of the Horizon system were true. But, as I said earlier, these are exceptional circumstances and we need to act quickly and decisively. Time is one thing that we and the convicted postmasters do not have. Our arrangement will apply to all those convicted in England and Wales based on Post Office investigations, including those prosecuted by other bodies who relied on the product of those investigations; the fruit of a poisoned tree.

We have plenty more work to do on the solution. We need to prepare the legislation, and I want to discuss our solution with the advisory board, which I am meeting later this afternoon. Some prosecutions have been undertaken in Scotland and Northern Ireland, where justice is devolved. We are, of course, engaging with the Scottish and Northern Irish Administrations in respect of wrongful convictions in their jurisdictions. We will do those things as quickly as we can and keep the House informed.

The House will have heard that we are well aware of the imperfections of the solution. I am sure that that will attract some critics, but when they criticise I invite them to say what they would do otherwise. Would they leave many people suffering under the burden of unjust convictions for many years—perhaps forever—with no access to compensation, or would they create some administrative process for deciding innocence, which would be more onerous for the victims? I very much hope that the whole House will stand with the Government to deliver rapid justice to convicted postmasters who have been waiting much, much too long.

[Mr Speaker]

I will extend the time. It was so important to get all of that on the record. I believe that the Minister wanted to make a statement but was overruled. At least we have certainly had that statement now.

[Sir David Davis]

As the Minister said, earlier this week many of us across the Chamber called for this appalling injustice to be solved in months, not years. It looks as though the Government have responded correctly to that call, ensuring swift justice. But there are undoubtedly difficult constitutional and legal issues involved, as he laid out in detail.

Some of the victims that I have spoken to say they need an individual exoneration rather than a grand pardon because they are understandably concerned about being bracketed with the very small number of people who will actually not be innocent. Will the Minister undertake to continue looking into this matter and address the quite proper concerns of the legitimate victims?

I would also welcome further elaboration on compensation. Fujitsu, which has played a central role in the scandal, is still at the heart of Government IT systems. Will Fujitsu will be required to meet some of the costs of the undoubtedly enormously expensive compensation that we are paying out? Finally, will the Government accelerate the investigations to convict those who are really guilty of causing the scandal by perverting the course of justice?

[Kevin Hollinrake]

I thank my right hon. Friend for the urgent question and for his collaboration with us on these matters. We have looked carefully at the issue of individual exonerations and did not see any way possible to do that without an exhaustive and time-consuming administrative process, which would add further burdens to those that people have already suffered.

The other issue is getting people to come forward again, which has been one of the major problems in getting people to appeal their convictions. We see the solution that we have adopted as very much the lesser of two evils. Nevertheless, we are keen to discuss mitigations and safeguards with other Members of the House. I set out one earlier on—the requirement to sign a statement of innocence—and I am keen to work with him to look at other mechanisms that we can use to ensure that those people who get their convictions overturned and access compensation are actually innocent of the charges.

My right hon. Friend made the important point about Fujitsu, which has been raised many times. As he knows, part of what the Government did was to put in place a statutory inquiry, chaired by Sir Wyn Williams. It is due to complete by the end of the year, and, hopefully, it will report soon after. At that point in time, we will be able to assess more clearly who is actually responsible. Many people may have already formed a view on that, but we think it right that we follow a process to identify individuals or organisations who are responsible for the scandal. Of course, we would expect those organisations to financially contribute. There are financial and legal measures that we can take.

As regards individuals, it may be that there is sufficient evidence for the authorities to take forward individual prosecutions, and I think many in the House would welcome that.

[Mr Speaker]

I call the shadow Secretary of State.

[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

Thank you, Mr Speaker, for granting the urgent question; I congratulate the right hon. Member for Haltemprice and Howden (Sir David Davis) on securing it. This issue has rightly left the public outraged at the scale and shocking details of this injustice. As I said on Monday, Labour believes the Horizon scandal to be one of the greatest miscarriages of justice in British history, where people lost their livelihoods, liberty and their lives; then, when trying to find justice, they were delayed at every turn.

It is unconscionable that, despite the landmark legal rulings, several years on people have still not been able to access the compensation that they are entitled to. We are all united in this House in wanting the sub-postmasters to be exonerated in full—it is important to say exoneration and not a pardon, because a pardon implies guilt that is forgiven—and for them to receive compensation with urgency. We recognise that that is not straightforward and the result may be imperfect, but this is an unprecedented scandal that requires an unprecedented response. The alternative of not acting is even less desirable. Labour stands ready to work with the Government to deliver a solution that achieves that long-awaited justice and compensation at pace.

May I thank the Minister for the ongoing conversations we have been having on this matter? Can he guarantee that compensation payments will immediately follow any exonerations under the terms of the compensation schemes as they stand today? Could he indicate a timescale for that? I know he appreciates that victims cannot continue to wait years for payments.

Given what the Minister said about the implications of a blanket exoneration, we will need to consider what safeguards might be necessary, to ensure that, as best as possible, public money does not flow into the pockets of those who are not entitled to it. He mentioned that people may be asked to sign a statement. Will that be drawn up consistently with the work of the advisory board?

Crucially, we discussed on Monday the cases that have now been identified from the pre-Horizon pilot scheme, which are identical to those coming out of Horizon. Will those cases be covered by any proposals that the Government bring forward? Any plan that does not cover all convictions will rightly not command the full support of the House.

As the sub-postmasters—they must surely get the credit for these extraordinary measures—have repeatedly said, what matters now is getting compensation to people swiftly. The whole House is united in its determination to deliver the justice, truth and compensation that has been denied and delayed time and time again.

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[Kevin Hollinrake]

I thank my hon. Friend for his question and for the sterling work he did as my predecessor in this job. Many people recognise the incredible work he did following the outcome of the court case with the compensation schemes that he instigated. He is right that there is no perfect solution, but we have worked across Government to try to find the best possible one. If we want a fast solution that, as he said, provides life-changing compensation to people who have been deprived of that in recent years, we believe that this is the best one.

[Mr Speaker]

I call the Scottish National party spokesperson.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

I thank the right hon. Member for Haltemprice and Howden (Sir David Davis) for securing this very important urgent question. I am sorry that it was not a statement, because then I would have had prior sight of what the Minister was going to say.

When we stood here on Tuesday, I asked how long “some time” would be, and I am glad that things are progressing quickly, although with a note of caution—I totally understand the hesitation to introduce any kind of blanket Bill or whatever. We need to move things forward and keep up the momentum from the ITV series in the press, here and everywhere.

We also still need to listen to the victims. Only this morning, some of the postmasters said that we should all stop referring to compensation, but refer instead to financial redress. This is not compensation but money due to them, and we need to get it to them as quickly as possible. The hon. Member for Sutton and Cheam (Paul Scully) said that some people do not want to go anywhere near justice or the Post Office. We must encourage people to come forward. I am meeting constituents who were involved who have not officially approached me yet, and I am sure that many others across the House will be in exactly the same position.

Scottish law is different, as the Minister is well aware. The Cabinet Secretary for Justice made a statement yesterday, and said that the Scottish Government were looking at Fujitsu contracts, which is really important. I cannot speak for the Scottish Government, but I know there will be no hesitation in moving things forward. As chair of the all-party parliamentary group on post offices, I will write to the Crown Office and Procurator Fiscal Service in Scotland.

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[Kevin Hollinrake]

I thank my hon. Friend for his question and for his willingness to work with us. He and I have discussed the matter in the past few days, and I appreciate his expertise and advice. Yes, absolutely; this is a very significant step and not one that we would take lightly. We fully respect the independence of the courts. We set out very clearly the reasons why this is different—that is important. We are setting a precedent, but it is clear why we are doing so. The involvement of private prosecutions is very relevant, and that also relates to work that he has done on the Justice Committee. My right hon. Friend the Secretary of State for Justice has engaged with the people he refers to in the judiciary, to ensure that they understood what we were doing and why we were doing it. Those conversations were constructive, rather than resisted, but I am very happy to take up my hon. Friend’s offer to continue that engagement and to discuss the draft Bill with him.

[Mr Speaker]

I call the Chair of the Business and Trade Committee.

[Liam Byrne (Birmingham, Hodge Hill) (Lab)]

I thank the right hon. Member for Haltemprice and Howden (Sir David Davis) for securing the urgent question. I am very much looking forward to cross-examining the Minister when he comes before the Business and Trade Committee next Tuesday, when we will be hearing evidence from Mr Bates and his colleagues. We will also be putting questions to Fujitsu. Can I push the Minister on the point I made on Monday night? Three years after the landmark case, 85% of convictions have not been overturned, only 4% of the cases have resulted in a full and final settlement, and we have heard evidence from victims this week already that even when settlements have been made, the cash has not yet been handed over. Can I ask the Minister again what his target is? What is his goal, approximate or otherwise? When will those wrongfully prosecuted have their full and final settlement delivered, in cash?

Horizon: Compensation and Convictions

Debate between Kevin Hollinrake and Lindsay Hoyle

Monday 8th January 2024 Commons Chamber

[Kevin Hollinrake]

I thank the hon. Gentleman for his contribution. I agree that it has taken too long to get to this point. If it was not for people like Alan Bates, some of the journalists who were referred to earlier, Lord Arbuthnot, the right hon. Member for North Durham (Mr Jones) and many others, this may have never come to light, but it has taken too long. We need to act with pace and as quickly as possible to expedite many things here, as we have referred to already. We are keen to overturn convictions very quickly. It may require legislation, and I am sure we will get support from both sides of the House for any legislation we may need.

The hon. Member for Mid Bedfordshire (Alistair Strathern) is right to push us on timelines. As we have said, we are keen to deliver compensation, wherever possible, by August this year. We want to overturn convictions as rapidly as possible. Ideally, we would like it to take weeks, not months, to do that, but it will obviously be dependent on a number of factors. The compensation will come through all three schemes. The first scheme has practically been delivered for the 2,417 people who applied within the appropriate timescale. One hundred per cent of those people have been made offers, and 85% of them have accepted. There are some people who applied to the remaining schemes out of time, so we are working on those applications right now and hope to deliver them as quickly as possible. I think 75% of them have been made offers, but we are left with the GLO scheme and the overturned convictions scheme. We hope to overturn the convictions by August this year, if not far sooner than that.

[Mr Speaker]

That was a very important statement and was much needed. I thank the Minister for staying at the Dispatch Box for so long. I also thank ITV, because it has certainly made the country aware of this absolute scandal against innocent people.

Oral Answers to Questions

Debate between Kevin Hollinrake and Lindsay Hoyle

Thursday 30th November 2023 Commons Chamber

[Kevin Hollinrake]

I was delighted to give the Select Committee evidence on Wilko. The administration report on Wilko is continuing and clearly we need to see the findings, but investigations so far have not shown that director misconduct played an instrumental part in Wilko’s failure, although I think it is clear to all concerned that there were failures in management that led to the company’s demise.

[Mr Speaker]

I call the Scottish National party spokes- person.

[Richard Thomson (Gordon) (SNP)]

How strange the change from minor to major in that response. Financial transparency and accountability are essential components of economic stability. For three years now, the Government have been promising legislation and improved checks on company finances, but they have repeatedly failed to deliver. How can the Minister justify leaving the audit and governance Bill out of the King’s Speech, when it is supported by businesses, regulators and auditors alike?

--- Later in debate ---

[Kevin Hollinrake]

That is not the case at all. We take these matters very seriously, but we do not think that completely banning fire and rehire is the right thing to do because there are some situations in which companies need to restructure quickly. We think that employees’ proper consultation rights should be observed. Where they are not observed and where an employer does not follow the statutory code of practice, employment tribunals can impose a significant uplift on redundancy payments. We think that is the best way to deal with this, by striking a balance between companies and their workers.

[Mr Speaker]

I call the shadow Minister.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

Fire and rehire is rife in this country. Research published by the Chartered Institute of Personnel and Development found that, between March 2020 and July 2021, 43,000 employers changed their employees’ contracts through fire and rehire techniques. The Government promised in March 2022 that they would take action following the P&O scandal, and we now learn that it will be a full two years since that time before anything actually changes. Given the propensity for using fire and rehire tactics, can the Minister tell us how many employees he estimates will have had their contract changed through fire and rehire in that two-year period?

Economic Crime and Corporate Transparency Bill

Debate between Kevin Hollinrake and Lindsay Hoyle

Consideration of Lords message
Wednesday 25th October 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

I beg to move,

That this House insists on its amendment 151A and disagrees with the Lords in their amendments 151E and 151F.

[Mr Speaker]

With this it will be convenient to discuss amendment (a), and the following motion:

That this House insists on its Amendment 161A in lieu and disagrees with the Lords in their Amendment 161D in lieu.

[Kevin Hollinrake]

I am pleased to bring this important Bill back to the House this afternoon, for what I sincerely hope is the last time, given that this will be the third time we have debated and voted on similar issues. I urge Opposition Front-Bench Members and those in the other place not to risk the safe passage of this hugely significant, near-400 page Bill by continuing to press these amendments.

The Government have appreciated the input of right hon. and hon. Members from both sides of the House—including the right hon. Members for Barking (Dame Margaret Hodge) and for Birmingham, Hodge Hill (Liam Byrne), my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) and my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill)—to help change the Bill for the better. We are discussing failure to prevent, together with the identification of doctoring. The Government are taking world-leading measures—I think this is the first time that a major economy such as ours has implemented them—which we should be proud we are implementing through the Bill. Of course, if the elected Chamber expresses its strong will on these remaining issues for the third time, I very much hope that the other place will agree that now is the time for it to accept that position. I think we would all rather have what we have done than see all this good work being in vain by letting the legislation fall.

Let me discuss the two issues in turn. I will keep my remarks brief as the arguments remain the same as on the preceding two times we have discussed them. I will first address Lords amendments 151E and 151F on the “failure to prevent” threshold. I will also address amendment (a), tabled last night by the right hon. Member for Barking, on a Government review of the threshold. While my noble Friend Lord Garnier’s amendment has moved closer yet again to the Government’s position by exempting micro-entities and small organisations from the offence, I am afraid that the Government will not support the lowering of the threshold at this time. Let me repeat the reasons why. It is already an offence to perpetrate fraud. The objective of the new offence is to ensure that there is accountability where fraud occurs in large organisations. There is simply no need to apply any such offence to smaller organisations.

Every time such an offence is introduced, business owners end up distracted from running their businesses by taking time to reassess their compliance risks, which often involves taking professional advice. We assess that the revised threshold proposed by Lord Garnier would cost medium-sized enterprises £300 million in one-off costs and nearly £40 million in annual recurring costs. We should be making it easier for businesses to operate in the UK and only imposing additional regulatory burdens when absolutely necessary. The Government completely reject the notion of using such an offence simply to raise awareness among business owners of the seriousness of the problem of fraud. There would be other, more proportionate ways to do that if necessary.

In response to the amendment tabled by the right hon. Member for Barking, the Government have already future-proofed the Bill by including a delegated power to allow the Government to raise, lower or remove the threshold altogether. Of course, as with all legislation, the Government will keep the threshold under review. I make a personal commitment to do that and to make changes if evidence suggests that they are required. I do not think that a Government review is necessary for that to take place, so I ask the right hon. Member not to move her amendment. We must bear in mind that a review does not guarantee change anyway. What guarantees change is having the right people at the Dispatch Box making changes, whether those are people from her party or my party, and both parties are equally exercised by these concerns. I urge all right hon. and hon. Members to support the Government motion to disagree with the Lords amendments to ensure that we take a proportionate approach and do not impose unnecessary measures on legitimate businesses that would curb our economic growth.

I turn to Lords amendment 161D, tabled by Lord Faulks, on cost protection in civil recovery cases. The Government remain of the view that such an amendment would be a significant departure from a fundamental principle of justice—that the loser pays—and therefore not something that should be rushed into without careful consideration. Furthermore, as I set out when we last debated this issue, we have seen no clear evidence that the amendment would increase the number of cases taken on by law enforcement. However, that is not to say that such an amendment is necessarily a bad idea. That is why we previously added to the Bill a statutory commitment to review the payment of costs in civil recovery cases in England and Wales by enforcement authorities, to publish a report on the findings and to lay that before Parliament within 12 months.

With regard to civil costs reform in England and Wales, the Government would normally look to consult appropriate consultees, including the senior judiciary, the Law Society and the Bar Council. Enacting the reform now without a full review would not allow judges and relevant organisations, or indeed their counterparts in Northern Ireland and Scotland, to comment on how it would be read and applied in practice. We therefore feel it would be irresponsible for us to rush into making such a significant change at the end of a Bill’s passage without full consideration by Government and further scrutiny by Parliament. I very much hope that all right hon. and hon. Members will agree that that is the responsible approach to take and therefore support the Government’s position.

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[Mr Speaker]

Order. Can I just help a little bit? The hon. Gentleman is very good, but his intervention is very long. Why does he not put down to speak? It might be easier. I have to get other people in as well.

[Kevin Hollinrake]

The hon. Gentleman raises a very important issue relating to the concerns about de-banking that we have across the economy. The Economic Secretary to the Treasury, my hon. Friend the Member for Arundel and South Downs (Andrew Griffith) is looking at it, as is the Treasury. In future, it is our intention to ensure that when banks close accounts they give a valid reason why, rather than closing them summarily. He is absolutely right to raise the point and I am very happy to engage with him on it, because it affects businesses as well as community groups.

To conclude, I encourage everyone to agree with the Government’s position on these two areas. It is vital that we achieve Royal Assent without delay, so we can proceed to implement the important reforms in the Bill as quickly as possible.

Oral Answers to Questions

Debate between Kevin Hollinrake and Lindsay Hoyle

Thursday 14th September 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

My right hon. Friend raises an important point. The Parliamentary Partnership Assembly created under the trade and co-operation agreement is a parliamentary body independent of Government. The Government value its work and its role supporting a mature and constructive relationship with the EU, rooted in shared values and delivering on shared interests. She is right that we should look forward, not backwards.

[Mr Speaker]

I call the shadow Secretary of State.

[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

The loss of Wilko is a significant blow to the nation’s high streets. However, more concerning is that no rescue has proved possible because several bidders have said that town centre retail is no longer a viable business model. In the light of that, do the Government really believe that their current policy environment is sufficient for British high streets to thrive?

Post Office Horizon IT Scandal: Compensation

Debate between Kevin Hollinrake and Lindsay Hoyle

Tuesday 18th July 2023 Commons Chamber

[Kevin Hollinrake]

I am grateful to my hon. Friend for his work on this issue. He is right: 62 people have passed away while awaiting compensation. It is simply unacceptable. My Department is looking at creative ways of accelerating the process of providing compensation to the victims.

I agree with my hon. Friend about the need for people to be held to account, and I spoke about that on a number of occasions from the Back Benches. It is right that people are held to account. It is also right that due process is followed. Sir Wyn Williams’s inquiry is there to identify what went wrong and why and who was responsible, and once that is done we should make a judgment about what happens to those people, but I am keen, like my hon. Friend, that people are held to account.

[Mr Speaker]

I call the shadow Minister.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

Nine hundred prosecutions—all the postmasters involved have their own stories of dreams crushed, careers ruined, families destroyed, reputations smashed and lives lost. Innocent people have been bankrupted and imprisoned. This may well be the largest miscarriage of justice in our country’s history, and I pay tribute to Members on all sides of this House who have worked for justice, none more so than my right hon. Friend the Member for North Durham (Mr Jones). I also thank the advisory board and Sir Wyn for their work, as well as the Minister for the constructive approach he has taken on this issue to date.

However, as Sir Wyn’s interim report makes clear, the compensation schemes for postmasters are a mess. The commitment to give fair compensation should apply to all postmasters. Sir Wyn specifically recommends that terms of reference should enable the monitoring of individual cases. Can the Minister say that he will act on that recommendation, and when can we expect him to respond in full to the report’s recommendations, including maximising the use of the Horizon compensation advisory board and providing clarity about the tax status of compensation payments? Can he also provide a final figure for claims that have been made to the historical shortfall scheme and how much the Government anticipate the final compensation will cost?

I also ask the Minister what he is going to do about Post Office management. As the only shareholder in the Post Office, does his Department take responsibility for addressing those management issues? The leadership team accepted bonuses for their work on the inquiry, which is just unacceptable. When will the Minister deal with this? Sub-postmasters have had their lives ruined: they must be confident that lessons will be learned from those failures. Sadly, it seems that the Post Office has failed to do so.

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[Kevin Hollinrake]

Again, I know my hon. Friend was one of the key campaigners on this particular issue. I cannot speak for previous Ministers—although I have a great regard for my immediate predecessor certainly—who have dealt with this issue. I have not seen any procrastination and we are driving this as quickly as possible within the Department.

On why not two weeks, rather than two years, settling compensation claims is complicated. It is about specific instances of pecuniary losses and non-pecuniary losses; it is complicated. We are keen to get that money out the door as quickly as possible and, as I have said, we are looking at creative ways to do that. I am just as ambitious as my hon. Friend is to get that money into the hands of the people who need it. There have been interim payments of around £20 million on both outstanding schemes—the GLO and overturned convictions schemes. Nevertheless, full and fair compensation is what we desire.

On people being held to account, I refer my hon. Friend to what I said earlier. We need to see the results of the inquiry—that is what Sir Wyn Williams is there for and we need to see the outcome of his inquiry—and, where he can identify blame, we are very keen to make sure those people are held to account.

[Mr Speaker]

I call the SNP spokesperson.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

I do not know where to start—there is so much—but here I go. The SNP welcomes Sir Wyn Williams’s interim report on compensation. His recommendations would go a huge way to ensuring that victims are fully and fairly compensated, and it is about time. The enhanced role for the Horizon compensation advisory board is welcome as well. But the question, as one hon. Member has already said, is: when is this all going to happen? I know the Minister cannot give us an answer to that today, but he updated something I had in my notes: it is now 62 claimants who have died without receiving full and fair compensation. We need to move this on.

Funnily enough, we had a meeting of the all-party parliamentary group on post offices this morning, at which the chief executive officer of Post Office Ltd appeared and answered some questions. The culture at Post Office Ltd has not changed since the new CEO took on his role in 2019. He promised to change the culture; he has not yet done so. We are mired in obfuscation still, and we cannot get to the truth of stuff because of the delay in providing evidence to Sir Wyn’s inquiry. Will the Minister agree to put pressure on the CEO to get this done?

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[Kevin Hollinrake]

On pulling out all the stops, I could not agree more, and that is definitely what we are doing in the Department. My days are never without one or other post office issue, which is not the situation we want. On bringing forward criminal charges, of course the Government do not do that, but when our enforcement agencies determine that there have been criminal actions, wherever those criminal actions have emanated from, we would of course expect them to take action.

[Mr Speaker]

I call the Chair of the Business and Trade Committee.

Oral Answers to Questions

Debate between Kevin Hollinrake and Lindsay Hoyle

Thursday 29th June 2023 Commons Chamber

[Kevin Hollinrake]

As Churchill once said, the pessimist sees a crisis in every opportunity, but the optimist, which my hon. Friend is, sees an opportunity in every crisis. The UK’s total exports have recovered to pre-pandemic levels measured against 2018. In 2022 UK exports were £815 billion, up 21% in current prices and up 0.5% once adjusted for inflation. There is no doubt that UK exports are excelling and will continue to do so.

[Mr Speaker]

I call the shadow Minister.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

The truth is that in the year stated, exports to the EU fell as a proportion of total trade. Last month it was not inflation that halved, but exports of fruit to the EU. The British Chambers of Commerce has reported that more small and medium-sized enterprises are seeing exports falling than rising, and Britain has the lowest export rates in the G7. When a business tells me that it used to take three days for its products to reach shelves in Germany and now it takes 30, is it not fair to conclude that the Government have failed on the economy, have no plan to make Brexit work and are making businesses pay the price?

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[Mr Speaker]

Can I say to the Front Benchers that a lot of Members are standing? These are topical questions, which are meant to be short. If you want a long question, come in early, please. Help me to help our Back Benchers.

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

We do support reform and are keen to take forward primary legislation when parliamentary time allows. In the meantime, there are measures that we can take through secondary legislation, which we are taking forward. We are also looking to take forward insolvency reform, which is something else that we committed to do.

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[Kevin Hollinrake]

I was delighted to attend my hon. Friend’s business conference in north Northamptonshire. As part of that, we passed the Loake shop in Kettering, which is a world leader in shoes—in fact, I am wearing a pair today—and he offered to try to get me a pair at a discounted price, which I very much look forward to. There are great export opportunities through that.

[Mr Speaker]

I call the Chair of the Business and Trade Committee.

Strikes (Minimum Service Levels) Bill

Debate between Kevin Hollinrake and Lindsay Hoyle

Consideration of Lords message
Wednesday 21st June 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

I beg to move, That this House disagrees with Lords amendment 2B.

[Mr Speaker]

With this it will be convenient to discuss the following:

Lords amendment 4B, and Government motion to disagree.

Lords amendments 5B, 5C and 5D, and Government motion to disagree.

[Kevin Hollinrake]

There are three motions before the House. I am grateful for the fact that both Houses have reached agreement on the appropriate territorial application of the Bill, but I regret that we have not yet reached agreement on some remaining issues. I must once again urge the House to disagree with the Lords amendments before us. Again, the Bill has been amended in ways that would delay implementation or seriously limit the operation of minimum service levels. That would mean that we could not provide the all-important balance between the ability of unions and their members to strike and the ability of the wider public to access, during periods of strike action, the key services that our country needs. I will briefly summarise for the House the reasons why the amendments remain unacceptable to the House.

First, through Lords amendment 2B, the noble Lords seek to introduce additional consultation requirements and new parliamentary scrutiny processes. We recognise the importance of ensuring that the public, employers, employees, trade unions and their members are all able to participate in setting minimum service levels. That is why we ran consultations on applying MSLs to ambulance, fire, and passenger rail services on that basis. The Government maintain that the Bill enables the appropriate consultation to take place, and we are confident that the affirmative procedure will allow Parliament to conduct proper scrutiny of secondary legislation.

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[Kevin Hollinrake]

No, I have given way twice to the hon. Gentleman.

The Government maintain that there must be a responsibility for unions to ensure that their members comply. Without that, and without any incentives for employees to attend work on a strike day when identified in a work notice, the effectiveness of the legislation will be severely undermined. Unfortunately, I do not consider that these amendments are a meaningful attempt to reach agreement. I fear that we are having a somewhat repetitive debate that is delaying us getting on with the important business of minimising disruption to the public during periods of strike action, and I encourage this elected House to disagree with the amendments.

[Mr Speaker]

I call the shadow Minister.

Oral Answers to Questions

Debate between Kevin Hollinrake and Lindsay Hoyle

Thursday 18th May 2023 Commons Chamber

[Kevin Hollinrake]

I would be happy to cross the Pennines; I have been known to. It would be my pleasure to do that. What businesses want more than anything is to make sure that we have a growing economy, which we have, and that we are controlling costs by halving inflation. The next thing that businesses want is access to labour and skills. I attended the British Chambers of Commerce’s global event yesterday at the QEII Centre, and it was one of the key asks. We are doing many things on making the workplace more attractive: flexible working and, for example, carer’s leave. We have a programme across government to try to get those 9 million people who are currently economically inactive back to work. That can solve many of the problems, along with reform of childcare and other things. I am happy to come and listen to my hon. Friend’s businesses and find out the particular challenges they are facing.

[Mr Speaker]

I call the shadow Minister.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

Twenty billion pounds! That is the amount of money currently held up in late payments—more than the entire science budget. It should be flowing to small businesses, allowing them to innovate, develop new products, create new jobs, drive our local economies or simply stay afloat. Instead, every day thousands of our great British small and medium-sized enterprises are wasting precious time and money chasing late payments, at an estimated cost of £684 million a year. For the sake of British business, will this Government take a leaf out of Labour’s policy book and properly legislate to tackle late payments to small businesses?

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[Kevin Hollinrake]

I point out that the unemployment rate in York is at a record low of 1.4%, which is below the national average, as I am sure the hon. Lady would welcome.

Since the good work plan was published, the Government have taken forward a wide range of commitments, including giving all workers the right to receive a statement of their rights on day one and the right to request a more predictable working pattern. I am very happy to meet the hon. Lady following these questions to discuss the points she raises.

[Mr Speaker]

I call the shadow Minister.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

Ministers have promised an employment Bill more than 20 times, but they have consistently failed to deliver. It seems that not a week goes by without a company in the gig economy announcing that it is stripping back workers’ rights and protections, presumably because they are confident that this Government will not legislate to introduce protections in the gig economy. Will the Minister come clean on the Government’s plans? If they are not going to bring in any protections for gig economy workers, will he now apologise to them for another failed promise?

Oral Answers to Questions

Debate between Kevin Hollinrake and Lindsay Hoyle

Thursday 23rd March 2023 Commons Chamber

[Kevin Hollinrake]

That is a very good point. We are working all the time with the Post Office—as I said, there was a meeting earlier this week. Around half of its 11,500 branches are in rural areas. They are hugely important to our local communities, as the hon. Gentleman says. The Government’s funding for the network helps to ensure the viability of rural branches. Of course, this will always be work in progress. We are keen to make sure that the facilities are there for our communities.

[Mr Speaker]

I call the SNP spokesperson.

[Peter Grant (Glenrothes) (SNP)]

Thank you, Mr Speaker, and may I wish Ramadan Mubarak to all those who today mark the beginning of the holiest period in the Islamic year?

The Minister will be aware that the model of sub-post offices is based on the expectation that most of them will be run by small, semi-independent or independent retail businesses. Those businesses are under desperate strain for a number of reasons, some of them within the Government’s control and some not. The people who run these businesses tell me that they are put off the possibility of taking on the responsibility for a sub-post office because it is now more a drag on the business than a benefit. What steps is he taking to review the business model on which sub-post offices operate? It is quite clearly not fit for purpose, and we are getting to crisis point. If it is not changed soon, we will lose even more post offices.

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[Kevin Hollinrake]

What an excellent question—I absolutely agree with my hon. Friend. In previous Budgets, the Chancellor has set the annual investment allowance effectively for SMEs at £1 million; that is permanent policymaking. He has now introduced full expensing across the piece, which, as she says, costs around £9 billion a year. We are the only country in the developed world, to my knowledge, that has done full expensing across the board in that way, and it will be a massive boost to business investment, not least in Southend.

[Mr Speaker]

I call the shadow Minister.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Our great British businesses are being let down by 13 years of Tory failure, with little to help but sticking-plaster policies. The Minister may not be aware, but insolvency numbers are at their highest level in four years, which is perhaps no surprise when we look at this Government’s record on small businesses, with Help to Grow: Digital ditched, energy bill support slashed and business investment the lowest in the G7. It is no wonder that the Federation of Small Businesses says that the Budget has left many businesses feeling “short-changed”. It is clear that for this Tory Government, small businesses are an afterthought, so will the Minister follow where Labour leads—reform business rates, boost skills, make Brexit work and make Britain the best place to start and grow a business?

Oral Answers to Questions

Debate between Kevin Hollinrake and Lindsay Hoyle

Thursday 9th February 2023 Commons Chamber

[Kevin Hollinrake]

My hon. Friend is absolutely right: we should be very proud of the food and drink sector. It is our largest manufacturing sector—larger than automotive and aerospace put together. Our Export Academy delivers specialist food and drink modules to get companies started, and our Export Support Service can answer questions on export markets in Europe. Companies can access our network of international trade advisers across England, and the Department has teams in Scotland, Wales and Northern Ireland.

[Mr Speaker]

I call shadow Minister Dame Nia Griffith.

[Dame Nia Griffith (Llanelli) (Lab)]

It is over a year since the announcement of eight additional agrifood and drink attachés. Given that there was yet another gloomy report from the British Chambers of Commerce last month, which said that three quarters of SMEs anticipated zero or negative export growth this year, help is certainly needed. Will the Minister tell us what specialist training the attachés have completed on food and drink regulation in the relevant countries? How many UK SMEs have they helped to find new markets, and what is the value of any new exports that they have secured?

Oral Answers to Questions

Debate between Kevin Hollinrake and Lindsay Hoyle

Tuesday 17th January 2023 Commons Chamber

[Kevin Hollinrake]

My hon. Friend raises a very important point. My r hon. Friend the Minister for Energy and Climate and I recently had a roundtable with energy suppliers to discuss exactly that point: ensuring that the support the Government are providing is passed on to SMEs. The energy suppliers assure us that that is happening. We have asked Ofgem to take a closer look at that and it will report back to us shortly.

[Mr Speaker]

I call the Chair of the Business, Energy and Industrial Strategy Committee.

[Darren Jones (Bristol North West) (Lab)]

Britishvolt, the once valued £3.8 billion site of national importance for the production of electric vehicle batteries in our country, is today going into administration. Does the Minister agree with me that the future of UK car manufacturing relies on UK battery production? If so, what is he going to do about it?

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[Kevin Hollinrake]

Of course I will meet my hon. Friend; I have suffered closures of post offices in my constituency, so I know how difficult this is. We are committed to maintaining a network of 11,500 post office outlets and making sure that 99% of the population are within 3 miles of a post office. I am keen to meet her to see what we can do in this instance.

[Mr Speaker]

I call the shadow Minister.

Oral Answers to Questions

Debate between Kevin Hollinrake and Lindsay Hoyle

Tuesday 29th November 2022 Commons Chamber

[Kevin Hollinrake]

All businesses have access to the energy bill relief scheme. There are concerns about which sectors will be covered by the revised scheme. We will have details on that by the end of the year; the Government have committed to that. Clearly we are trying to balance the interests of the taxpayer, who has to fund this, with those of business. It is right that we focus on businesses that cannot mitigate their energy use, by whatever means, or pass on the costs to consumers. My hon. Friend is absolutely right to raise the interests of the sector.

[Mr Speaker]

I call the shadow Minister, Seema Malhotra.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I grew up in a small family business. Labour is proud to be supporting Small Business Saturday and its 10th anniversary, and to have supported last week’s family business week.

Small and medium-sized enterprises are indeed the lifeblood of our economy, but they have been hit hard by 12 years of Tory failure and staggeringly low growth. Even after three Prime Ministers this year, the Government have no answers—and the House should not just take that from me; the Federation of Small Businesses judged the autumn statement as being

“low on wealth-creation, piling more pressure on the UK’s 5.5 million small businesses”.

If the Government are really serious about helping small businesses to grow, is it not time they adopted Labour’s plan to reform business rates, back our high streets, make Brexit work, and make Britain the best place in which to start and grow a business?

[Douglas Chapman (Dunfermline and West Fife) (SNP)]

9. What steps he is taking with Cabinet colleagues to help support (a) small and medium-sized enterprises and (b) other businesses to recruit adequate numbers of staff.

[Mr Speaker]

Come on!

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kevin Hollinrake)]

I am new to this, Mr Speaker.

My Department works closely with other Government Departments and with firms in all sectors of the economy on a range of issues relating to the labour market and skills. That includes increasing the number of apprentices and business investment in skills development, the adoption of T-levels and skills bootcamps, and ensuring that there is better information along with easier routes into careers in a range of sectors.

Oral Answers to Questions

Debate between Kevin Hollinrake and Lindsay Hoyle

Tuesday 11th October 2022 Commons Chamber

[Mr Speaker]

I call Mr Hollinrake for the final question.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

Thank you, Mr Speaker. The UK has rightly frozen around £30 billion of Russian foreign currency reserves. A number of countries are moving from freezing those assets to seizing them to pay reparations to Ukraine. Will my right hon. Friend look at similar measures from the UK?

Economic Crime (Transparency and Enforcement) Bill

Debate between Kevin Hollinrake and Lindsay Hoyle

2nd reading
Monday 7th March 2022 Commons Chamber

[Kevin Hollinrake]

On a point of order, Mr Speaker. We have been waiting for the economic crime Bill for many years. There is a huge number of amendments on the Order Paper and a huge number of people wanting to speak. This is a very important issue—absolutely critical—but it does not relate to that legislation. Could we have a ruling from you on that point, sir?

[Mr Speaker]

I make the decisions, and I think it is all right. What I would say, in fairness, is that the Home Secretary spoke for well over 30 minutes—in fact, I think it was nearly 40—and I am therefore giving some leeway. It is a very important matter; it is also protected time, so one need not worry.

Coronavirus Regulations: Assisted Deaths Abroad

Debate between Kevin Hollinrake and Lindsay Hoyle

Thursday 5th November 2020 Commons Chamber

[Kevin Hollinrake (Thirsk and Malton) (Con)]

I respect the views, which are all earnestly held, on either side of this issue. As my right hon. Friend has said, this is a matter of conscience. I am happy to put on the record that I am with the 80% of British people who think that to bring forward assisted dying with the proper checks and balances is the right thing to do. What are my right hon. Friend’s personal views on this issue, as the Member for West Suffolk?

[Mr Speaker]

I will be quite honest: I do not want to enter into personal arguments. I am not giving my view, and I do not think it is right to put the Secretary of State on the spot in that way.

Planning Process: Probity

Debate between Kevin Hollinrake and Lindsay Hoyle

Thursday 11th June 2020 Commons Chamber

[Mr Speaker]

Just to help the House, I should say that I am expecting to run this until 11.05 am.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

Will my right hon. Friend set out his plans to increase the supply of affordable homes to rent and to purchase through the excellent first homes programme that he has brought forward, particularly for key workers, the heroes of the covid crisis? Will he consider directly commissioning the construction of those homes on surplus public sector land?

[Mr Speaker]

Let me just say that we are straying from what the urgent question is about, so, unfortunately, we will have to move on.

Oral Answers to Questions

Debate between Kevin Hollinrake and Lindsay Hoyle

Monday 18th May 2020 Commons Chamber

[Mr Speaker]

I call Minister Andrew Stephenson to answer the substantive question tabled by Kevin Hollinrake. Minister—my word!—Minister Andrew Stephenson.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

What steps he is taking to increase spending on transport infrastructure in the English regions.

Covid-19: Strategy

Debate between Kevin Hollinrake and Lindsay Hoyle

Monday 11th May 2020 Commons Chamber

[Mr Speaker]

Can I urge Members to speed up their questions, and certainly the Prime Minister to speed up the replies?

[Kevin Hollinrake (Thirsk and Malton) (Con) [V]]

I welcome the Prime Minister’s statement and his approach to starting to reopen the economy while keeping the virus under control. Testing and tracing is key to the way forward. Does my right hon. Friend agree that if we could reduce the time taken to get test results back from the current five days to as little as 24 hours, it would make that approach even more effective?