Children’s Social Care

Lindsay Hoyle Excerpts

Thursday 17th January 2019 Commons Chamber

[Tim Loughton]

I am aware that I do not have long to speak, so I will take just two more interventions and then get on with it or else I shall be in trouble with the Chair.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Let me help. I told the hon. Gentleman that he could speak for “around 15 minutes”, so I would not be too upset if he got to 20 minutes. What I am bothered about is when other Members are left with a very short time limit. Who is the hon. Gentleman giving way to, by the way?

[Tim Loughton]

I am giving way to the hon. Member for Strangford (Jim Shannon).

[Tim Loughton]

First, I am very grateful for your flexibility on timings, Mr Deputy Speaker.

[Mr Deputy Speaker]

As ever.

[Tim Loughton]

Yes, as ever.

I entirely take the point made by the hon. Member for Strangford. In fact, one of the weaknesses of the system is that we do not share best practice enough. When I was the Minister, I tried to get together the children’s Ministers from all four parts of the United Kingdom. Of course, we also have Children’s Commissioners from all four parts of the United Kingdom, and we ought to meet them and see what they are all doing more often because there are some really good aspects of the care system in Northern Ireland that we could learn from in England, and vice versa.

Education Funding

Lindsay Hoyle Excerpts

Tuesday 13th November 2018 Commons Chamber

[Several hon. Members rose—]

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order. I call Mohammad Yasin on a five-minute limit.

--- Later in debate ---

[Nick Gibb]

I will not give way because—[Interruption.]

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order. The Minister has made it clear that he does not want to give way. That is his choice and we have to live with his decision.

[Nick Gibb]

It is our balanced approach to the public finances that allows us to spend record amounts on health and education while at the same time delivering a strong economy with some of the lowest levels of unemployment since the 1970s, unlike in every period of Labour Government, which end with people not working and higher unemployment than when they came into office, as time after time they mismanage our country’s economy.

I listened to the contributions of Labour MPs, but there was almost nothing about standards and, with the notable exception of the hon. Member for Burnley (Julie Cooper), nothing about the importance of children learning to read. Following our focus on phonics and the introduction of the phonics screening check, more children have learned to read more effectively and sooner. England moved from joint 10th in 2011 to joint 8th last year in the PIRLS—Progress in International Reading Literacy Study—international rankings, with our highest ever score in reading.

There was nothing from Labour about the importance of arithmetic, or the reforms to the maths curriculum that have significantly raised standards, with a curriculum on a par with the best in the world to which schools have responded well. We heard nothing from Labour about the importance of children knowing their multiplication tables by heart, nothing about the higher standards following our reforms to GCSEs and A-levels, and nothing about our fairer accountability system, Progress 8, which holds schools to account for the progress of every single child regardless of their ability. There was nothing about the fact that more disadvantaged children are now studying core academic subjects at GCSE with the EBacc. [Interruption.] There was nothing about the fact that under this Conservative Government the attainment gap between children from disadvantaged backgrounds and their more affluent peers has closed by 10% since 2010. We heard nothing from Labour about T-levels or apprenticeships, and nothing from Labour—[Interruption.]

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order.

[Jess Phillips]

I’m really cross.

[Mr Deputy Speaker]

If you are really cross, find somewhere else to show your bad temper. In here, Members have put questions to the Minister and we all want to hear what he has to say. We may not agree with him—that is up to you—but we must hear the Minister.

[Nick Gibb]

Thank you, Mr Deputy Speaker.

We heard nothing from Labour about our investment of half a billion pounds in arts and music education, including £300 million of funding for music hubs. There was nothing about the fact that the proportion of pupils taking history or geography GCSE has risen from 48% in 2010 to 77% in 2017, with the proportion taking at least two science GCSEs rising from 63% in 2010 to 91% in 2017.

The Labour party opposes free schools—state schools established by teachers, education groups and high-performing schools, rather than local councils—which are disproportionately graded as outstanding. Free schools such as Dixons Trinity Academy in Bradford would not exist but for this Government. With a third of its pupils from a disadvantaged background, Dixons Trinity was ninth in the country last year for Progress 8, and 82% of its pupils entered for the EBacc, rising to 86% this year. Free schools such as Harris Westminster would not exist but for this Government. It told us that, with 40% of its intake from disadvantaged backgrounds, 18 pupils secured places at Oxbridge this year and one at Harvard. Six of those 18 were from a disadvantaged background. The King’s College London Mathematics School would not exist but for this Government. It takes students from all backgrounds, with last year 59% of its A-level grades being A* and 92% of its maths A-levels being A*. The free schools programme would be abolished by Labour, the enemy of promise and the enemy of social mobility.

My hon. Friend the Member for St Ives (Derek Thomas) spoke with sincerity about the exemplary work of the schools in his constituency, which teach about Parliament and the first world war. I enjoyed seeing the high standards and phenomenal work at Alverton Primary School in Penzance and at St Erth Community School in Hayle at his invitation last year. My hon. Friend the Member for Spelthorne (Kwasi Kwarteng) spoke perceptively about reading standards and mathematics, and about the improvement in standards in his schools and the importance of T-levels. My hon. Friend the Member for South Suffolk (James Cartlidge) spoke knowledgeably about reading and the rise in Progress 8 and Attainment 8 in his schools.

This is a Government who have put education reform at the heart of their programme, who are committed to ensuring every school is a good school, who have delivered fairer funding, who are spending record amounts on education and schools, on a par with the largest economies—

Global LGBT Rights

Lindsay Hoyle Excerpts

Thursday 26th October 2017 Commons Chamber

[Nick Herbert]

I thank the hon. Lady. I was coming to that point, but she has made it very effectively for me.

I will draw my remarks to a conclusion because others wish to get in. My central point is that we see terrible abuses of LGBT people globally, but change can be effected, and we should not be despondent about that. In Uganda, partly because of the influence of the World Bank, which was considering granting an important loan to the country, the President was prevailed on not to implement the law the Parliament had passed, which would have oppressed gay people. In Belize, a legal challenge has resulted in protection for LGBT people. In Mozambique, legislation has effected the same thing. We can effect change.

The United Kingdom has a really important role. We are still the fifth largest economy in the world. We have a global reach. We have important historic ties across the world, not least through the Commonwealth. We have one of the largest aid budgets in the world and the massive opportunity to exercise soft power and influence. In Cairo, the crackdown on gay people began when they flew the rainbow flag, and the flying of the rainbow flag over our own Parliament and our own Government buildings sends an important signal about an attachment to freedom and a belief in liberty and equality. We should not underestimate the fact that taking such a stance is not trite and not trivial. It matters. It matters in the eyes of the communities and activists who are looking for our support in other countries. People will be watching this debate, and they want to know that this House supports these communities on a cross-party basis and that the British Government supports them. We are talking about thousands of activists and millions of people. Let freedom ring for them!

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I call Kerry McCarthy with a seven-minute limit.

School Funding: North Northumberland

Lindsay Hoyle Excerpts

Monday 11th September 2017 Commons Chamber

[Mrs Trevelyan]

That is exactly the sort of vision that we hope to have in Northumberland. Given the enormous expanse of territory, the challenge for our children is the need to spend hours travelling in order to achieve the flexibility and the breadth of education to which those living in a city, or even in a less sparsely populated county, might have easier access.

If children are indeed to fulfil their dreams, we will need departmental leadership from the Minister to help Northumberland County Council host the new concept. I understand that education action zones used to exist, and I also understand that £77 million has recently been allocated to education output areas, but that will be directed towards the development of education in cities. Northumberland, our most sparsely populated English county, needs such investment too.

I have always been a believer in nudge politics. We humans always respond better to encouragement and carrots than to chastisement and sticks. However, if long-term outcomes for the children of Northumberland are to be as good as they can be, we need university voices to be heard in rural communities where aspiration to a top-quality education, whether it involves apprenticeships in engineering or university studies in the sciences—I speak as a mathematician, and I apologise for the bias—are still not always understood or valued. What is considered elitist and far beyond can become within reach: indeed, education for life can become a passion for all those children. The 21st century, in which they will live, demands that we accept our responsibility to give them the tools and the passion to learn, as well as all the standard basic skills. That should be taken more seriously than it has been in the most northern county of England for too long.

I want to see an educational leadership framework that gives each and every one of my schools the nudge that they need to rise to the educational challenges ahead by supporting them with a coherent educational framework of which everyone is a part. There would be no rivalries, no catchment area battles, no school partnership lines in the sand, but an overarching educational Northumberland nudge partnership. As the Minister himself said in a speech last week,

“a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever does.”

The teachers and councillors of my beautiful, unique and most sparsely populated of English counties wish to do exactly that for the children in their care.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Let us give a nudge to the Minister.

Budget Resolutions

Lindsay Hoyle Excerpts

1st reading: House of Commons
Tuesday 14th March 2017 Commons Chamber

[The Chief Secretary to the Treasury (Mr David Gauke)]

This is a Budget that demonstrates the Government’s determination to face up to our long-term challenges. This is a Budget that recognises that the only sustainable way to improve living standards is to improve our productivity. This is a Budget that recognises that sustainable public finances are not an impediment to prosperity but a necessary precondition.

I would like to thank my hon. Friends who participated in the debate: my hon. Friends the Members for Croydon South (Chris Philp), for Gainsborough (Sir Edward Leigh), for Telford (Lucy Allan), for Warwick and Leamington (Chris White), for South Dorset (Richard Drax), for Weaver Vale (Graham Evans) and for Faversham and Mid Kent (Helen Whately).

May I say a particular word of congratulation to the hon. Member for Stoke-on-Trent Central (Gareth Snell)? I apologise for having missed his speech, but I have heard from a number of people that it was excellent, and it proves that, in terms of his attributes as a Member of Parliament, it is not only because he is not Paul Nuttall that he will be welcome in this place.

I could probably summarise the other contributions from the Opposition Benches as saying that we are not spending enough, we are taxing too much and we are borrowing too much. Thankfully, it is not my job to reconcile all of that, and I wish the hon. Member for Bootle (Peter Dowd) the best of luck—he can say it is fiscal rectitude if he likes.

An important part of this Budget has been ensuring that this country has the skills we need to grow in the 21st century. We have to face up to the fact that tomorrow’s labour market is going to look very different from today’s. One study, for example, estimates that over a third of all jobs in the UK are at high risk of replacement in the next one to two decades, as technology and society advance. Economic, social and technological change can make certain jobs or institutions obsolete: lamplighters, handloom weavers and the Hansom Cab Company—I suppose we could add the Labour party to that list.

The job of the Government is not to stand in the way of those changes, preserving the old by stifling the new; instead, our role is to prepare the country and its people to adapt to the changes ahead, and that is what this Budget was all about: giving young people the skills they will need to get ahead in tomorrow’s world. That includes expanding the programme of free schools, investing more in schools maintenance, reforming technical education, and increasing teaching hours for further education students.

Alongside that, we also took steps to help people with the opportunities to upskill and reskill throughout their working lives, as well as to help our top researchers to develop so that our brightest can become the world’s best. We are taking forward an ambitious plan to improve education across the board for people of all backgrounds and of all ages, because that, alongside our investment in the country’s underlying infrastructure, is what will count in turning the tide on Britain’s long-standing productivity problem. Only by doing that can we increase living standards and fund world-class public services.

But as we prepare a bright future for the 21st century, we do so responsibly. This was a Budget that protected and improved our health and social services, and a Budget that invested in reform for the benefit of the next generation of workers and businesses alike, but a Budget that did so by funding all the new spending commitments it made, because, unlike Labour, we do not believe in spending and promising what we cannot deliver. That means having a tax base that is capable of funding the public services we provide, and doing so in a way that is fair.

We have heard a lot about the change we made to national insurance for the self-employed, and we are listening to hon. Members’ concerns. I think we all have to recognise that the difference between the benefits received by the employed and the self-employed have narrowed but the gap in contributions has not. This means that the employed pay a lot more for the same benefits. As self-employment grows in our economy—a welcome trend—that should not place a pressure on funding public services and deficit reduction. A Government addressing long-term challenges have to address this point, not ignore it.

This is a Budget that keeps Britain working—one that invests in our people, infrastructure and public services but does so responsibly, continuing to steer the country’s course away from Labour’s “spend what you can borrow” approach to our “spend what you can afford”. In doing so, we are once again demonstrating that we are the party that is delivering for this generation but not at the expense of the next generation. That is why the House should support the Budget in the Lobby tonight.

Question put and agreed to.

Resolved,

(1) That it is expedient to amend the law with respect to the National Debt and the public revenue and to make further provision in connection with finance.

(2) This Resolution does not extend to the making of any amendment with respect to value added tax so as to provide—

(a) for zero-rating or exempting a supply, acquisition or importation;

(b) for refunding an amount of tax;

(c) for any relief, other than a relief that—

(i) so far as it is applicable to goods, applies to goods of every description, and

(ii) so far as it is applicable to services, applies to services of every description.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I am now required under Standing Order No. 51(3) to put successively, without further debate, the Question on each of the Ways and Means motions numbered 2 to 46, and on the motions on procedure numbered 47 to 51, on all of which a Bill is to be brought in. These motions are set out in a separate paper distributed with today’s Order Paper.

I must inform the House that for the purposes of Standing Order No. 83U and on the basis of material put before him, Mr Speaker has certified that in his opinion the following founding motions published on 8 March 2017 and to be moved by the Chancellor of the Exchequer relate exclusively to England, Wales and Northern Ireland and are within devolved legislative competence: 3, Income Tax (main rates); and 36, Landfill tax.

The Deputy Speaker put forthwith the Questions necessary to dispose of the motions made in the name of the Chancellor of the Exchequer (Standing Order No. 51(3)).

2. Income tax (charge)

Resolved,

That income tax is charged for the tax year 2017-18.

And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

3. Income tax (main rates)

Resolved,

That for the tax year 2017-18 the main rates of income tax are as follows—

(a) the basic rate is 20%,

(b) the higher rate is 40%, and

(c) the additional rate is 45%.

And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

4. Income tax (default and savings rates)

Resolved,

That—

(1) For the tax year 2017-18 the default rates of income tax are as follows—

(a) the default basic rate is 20%,

(b) the default higher rate is 40%, and

(c) the default additional rate is 45%.

(2) For the tax year 2017-18 the savings rates of income tax are as follows—

(a) the savings basic rate is 20%,

(b) the savings higher rate is 40%, and

(c) the savings additional rate is 45%.

And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

5. Income tax (savings rate limit)

Resolved,

That—

(1) For the amount specified in section 12(3) of the Income Tax Act 2007 (starting rate for savings) substitute “£5000”.

(2) The amendment made by this Resolution has effect for the tax year 2017-18 and subsequent tax years. (3) Section 21 of the Income Tax Act 2007 (indexation), so far as relating to the starting rate limit for savings, does not apply in relation to the tax year 2017-18 (but this Resolution does not override that section for subsequent tax years).

And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968

6. Corporation tax (charge for financial year 2018)

Resolved,

That corporation tax is charged for the financial year 2018.

7. PUBLIC SECTOR OFF-PAYROLL WORKERS

Resolved,

That—

(1) The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.

(2) In section 7(5)(a) (amounts treated as earnings by Chapters 7 to 9 of Part 2 are “employment income” and “general earnings”), for “9” substitute “10”.

(3) In section 48 (scope of Chapter 8 of Part 2: workers’ services provided through intermediaries)—

(a) In subsection (1), after “through an intermediary” insert “, but not where the services are provided to a public authority”, and

(b) after subsection (2) insert—

“(3) In this Chapter “public authority” has the same meaning as in Chapter 10 of this Part (see section 61L).”

(4) In section 49 (engagements to which Chapter 8 of Part 2 applies)—

(a) in subsection (1), after paragraph (a) insert—

“(aa) the client is not a public authority,”, and

(b) after subsection (4) insert—

“(4A) Holding office as statutory auditor of the client does not count as holding office under the client for the purposes of subsection (1)(c), and here “statutory auditor” means a statutory auditor within the meaning of Part 42 of the Companies Act 2006 (see section 1210 of that Act).”

(5) In section 52(2)(b) and (c) (conditions of liability under Chapter 8 where intermediary is a partnership), for “this Chapter” substitute “one or other of this Chapter and Chapter 10”.

(6) In section 61(1) (interpretation of Chapter 8), before the definition of “engagement to which this Chapter applies” insert—

““engagement to which Chapter 10 applies” has the meaning given by section 61M(5);”.

(7) In section 61A (scope of Chapter 9 of Part 2: workers’ services provided by managed service companies), after subsection (2) insert—

“(3) See also section 61D(4A) (disapplication of this Chapter if Chapter 10 applies).”

(8) In section 61D (deemed earnings where worker’s services provided by managed service company), after subsection (4) insert—

“(4A) This section does not apply where the provision of the relevant services gives rise (directly or indirectly) to an engagement to which Chapter 10 applies, and for this purpose it does not matter whether the client is also “the client” for the purposes of section 61M(1).”

(9) In section 61J(1) (interpretation of Chapter 9), before the definition of “managed service company” insert—

““engagement to which Chapter 10 applies” has the meaning given by section 61M(5),”.

(10) In Part 2 (employment income: charge to tax), after Chapter 9 insert—

“Chapter 10

workers’ services provided to public sector through intermediaries

61K Scope of this Chapter

(1) This Chapter has effect with respect to the provision of services to a public authority through an intermediary.

(2) Nothing in this Chapter—

(a) affects the operation of Chapter 7 of this Part (agency workers), or

(b) applies to payments or transfers to which section 966(3) or (4) of ITA 2007 applies (visiting performers: duty to deduct and account for sums representing income tax).

61L Meaning of “public authority”

(1) In this Chapter “public authority” means—.

(a) a public authority as defined by the Freedom of Information Act 2000,

(b) a Scottish public authority as defined by the Freedom of Information (Scotland) Act 2002 (asp 13),

(c) the Corporate Officer of the House of Commons,

(d) the Corporate Officer of the House of Lords,

(e) the National Assembly for Wales Commission, or

(f) the Northern Ireland Assembly Commission.

(2) An authority within paragraph (a) or (b) of subsection (1) is a public authority for the purposes of this Chapter in relation to all its activities even if provisions of the Act mentioned in that paragraph do not apply to all information held by the authority.

61M Engagements to which Chapter applies

(1) Sections 61N to 61R apply where—

(a) an individual (“the worker”) personally performs, or is under an obligation personally to perform, services for another person (“the client”),

(b) the client is a public authority,

(c) the services are provided not under a contract directly between the client and the worker but under arrangements involving a third party (“the intermediary”), and

(d) the circumstances are such that—

(i) if the services were provided under a contract directly between the client and the worker, the worker would be regarded for income tax purposes as an employee of the client or the holder of an office under the client, or

(ii) the worker is an office-holder who holds that office under the client and the services relate to the office.

(2) The reference in subsection (1)(c) to a “third party” includes a partnership or unincorporated association of which the worker is a member.

(3) The circumstances referred to in subsection (1)(d) include the terms on which the services are provided, having regard to the terms of the contracts forming part of the arrangements under which the services are provided.

(4) Holding office as statutory auditor of the client does not count as holding office under the client for the purposes of subsection (1)(d), and here “statutory auditor” means a statutory auditor within the meaning of Part 42 of the Companies Act 2006 (see section 1210 of that Act).

(5) In this Chapter “engagement to which this Chapter applies” means any such provision of services as is mentioned in subsection (1).

61N Worker treated as receiving earnings from employment

(1) If one of Conditions A to C is met, identify the chain of two or more persons where—

(a) the highest person in the chain is the client,

(b) the lowest person in the chain is the intermediary, and

(c) each person in the chain above the lowest makes a chain payment to the person immediately below them in the chain.

(See section 61U for cases where one of Conditions A to C is treated as being met.).

(2) In this section and sections 61O to 61S—

“chain payment” means a payment, or money’s worth or any other benefit, that can reasonably be taken to be for the worker’s services to the client,

“make”—

(a) in relation to a chain payment that is money’s worth, means transfer, and

(b) in relation to a chain payment that is a benefit other than a payment or money’s worth, means provide, and”

“the fee-payer” means the person in the chain immediately above the lowest.

(3) The fee-payer is treated as making to the worker, and the worker is treated as receiving, a payment which is to be treated as earnings from an employment (“the deemed direct payment”), but this is subject to subsections (5) to (7) and sections 61T and 61V.

(4) The deemed direct payment is treated as made at the same time as the chain payment made by the fee-payer.

(5) Subsections (6) and (7) apply, subject to sections 61T and 61V, if the fee-payer—

(a) is not the client, and

(b) is not a qualifying person

(6) If there is no person in the chain below the highest and above the lowest who is a qualifying person, subsections (3) and (4) have effect as if for any reference to the fee-payer there were substituted a reference to the client.

(7) Otherwise, subsections (3) and (4) have effect as if for any reference to the fee-payer there were substituted a reference to the person in the chain who—

(a) is above the lowest,

(b) is a qualifying person, and

(c) is lower in the chain than any other person in the chain who—

(i) is above the lowest, and

(ii) is a qualifying person.

(8) In subsections (5) to (7) a “qualifying person” is a person who—

(a) is resident in the United Kingdom or has a place of business in the United Kingdom,

(b) is not a person who is controlled by—

(i) the worker, alone or with one or more associates of the worker, or

(ii) an associate of the worker, with or without other associates of the worker, and

(c) if a company, is not one in which—

(i) the worker, alone or with one or more associates of the worker, or

(ii) an associate of the worker, with or without other associates of the worker,

has a material interest (within the meaning given by section 51(4) and (5)).

(9) Condition A is that—

(a) the intermediary is a company, and

(b) the conditions in section 61O are met in relation to the intermediary.

(10) Condition B is that—

(a) the intermediary is a partnership,

(b) the worker is a member of the partnership,

(c) the provision of the services is by the worker as a member of the partnership, and

(d) the condition in section 61P is met in relation to the intermediary.

(11) Condition C is that the intermediary is an individual.

(12) Where a payment, money’s worth or any other benefit can reasonably be taken to be for both—

(a) the worker’s services to the client, and

(b) anything else,

then, for the purposes of this Chapter, so much of it as can, on a just and reasonable apportionment, be taken to be for the worker’s services is to be treated as (and the rest is to be treated as not being) a payment, or money’s worth or another benefit, that can reasonably be taken to be for the worker’s services.

61O Conditions where intermediary is a company

(1) The conditions mentioned in section 61N(9)(b) are that—

(a) the intermediary is not an associated company of the client that falls within subsection (2), and

(b) the worker has a material interest in the intermediary.

(2) An associated company of the client falls within this subsection if it is such a company by reason of the intermediary and the client being under the control—

(a) of the worker, or

(b) of the worker and other persons.

(3) The worker is treated as having a material interest in the intermediary if—

(a) the worker, alone or with one or more associates of the worker, or

(b) an associate of the worker, with or without other associates of the worker,

has a material interest in the intermediary.

(4) For this purpose “material interest” has the meaning given by section 51(4) and (5).

(5) In this section “associated company” has the meaning given by section 449 of CTA 2010.

61P Conditions where intermediary is a partnership

(1) The condition mentioned in section 61N(10)(d) is—

(a) that the worker, alone or with one or more relatives, is entitled to 60% or more of the profits of the partnership, or

(b) that most of the profits of the partnership derive from the provision of services under engagements to which one or other of this Chapter and Chapter 8 applies—

(i) to a single client, or

(ii) to a single client together with associates of that client, or

(c) that under the profit sharing arrangements the income of any of the partners is based on the amount of income generated by that partner by the provision of services under engagements to which one or other of this Chapter and Chapter 8 applies.

(2) In subsection (1)(a) “relative” means spouse or civil partner, parent or child or remoter relation in the direct line, or brother or sister.

(3) Section 61(4) and (5) apply for the purposes of this section as they apply for the purposes of Chapter 8.

61Q Calculation of deemed direct payment

(1) The amount of the deemed direct payment is the amount resulting from the following steps—

Step 1

Identify the amount or value of the chain payment made by the person who is treated as making the deemed direct payment, and deduct from that amount so much of it (if any) as is in respect of value added tax.

Step 2

Deduct, from the amount resulting from Step 1, so much of that amount as represents the direct cost to the intermediary of materials used, or to be used, in the performance of the services.

Step 3

Deduct, at the option of the person treated as making the deemed direct payment, from the amount resulting from Step 2, so much of that amount as represents expenses met by the intermediary that would have been deductible from the taxable earnings from the employment if—

(a) the worker had been employed by the client, and

(b) the expenses had been met by the worker out of those earnings.

Step 4

If the amount resulting from the preceding Steps is nil or negative, there is no deemed direct payment. Otherwise, that amount is the amount of the deemed direct payment.

(2) For the purposes of Step 1 of subsection (1), any part of the amount or value of the chain payment which is employment income of the worker by virtue of section 863G(4) of ITTOIA 2005 (salaried members of limited liability partnerships: anti-avoidance) is to be ignored.

(3) In subsection (1), the reference to the amount or value of the chain payment means the amount or value of that payment before the deduction (if any) permitted under section 61S.

(4) If the actual amount or value of the chain payment mentioned in Step 1 of subsection (1) is such that its recipient bears the cost of amounts due under PAYE regulations or contributions regulations in respect of the deemed direct payment, that Step applies as if the amount or value of that chain payment were what it would be if the burden of that cost were not being passed on through the setting of the level of the payment.

(5) In Step 3 of subsection (1), the reference to expenses met by the intermediary includes—

(a) expenses met by the worker and reimbursed by the intermediary, and

(b) where the intermediary is a partnership and the worker is a member of the partnership, expenses met by the worker for and on behalf of the partnership.

(6) In subsection (4) “contributions regulations” means regulations under the Contributions and Benefits Act providing for primary Class 1 contributions to be paid in a similar manner to income tax in relation to which PAYE regulations have effect (see, in particular, paragraph 6(1) of Schedule 1 to the Act); and here “primary Class 1 contribution” means a primary Class 1 contribution within the meaning of Part 1 of the Contributions and Benefits Act.

61R Application of Income Tax Acts in relation to deemed employment

(1) The Income Tax Acts (in particular, Part 11 and PAYE regulations) apply in relation to the deemed direct payment as follows.

(2) They apply as if—

(a) the worker were employed by the person treated as making the deemed direct payment, and

(b) the services were performed, or to be performed, by the worker in the course of performing the duties of that employment.

(3) The deemed direct payment is treated in particular—

(a) as taxable earnings from the employment for the purpose of securing that any deductions under Chapters 2 to 6 of Part 5 do not exceed the deemed direct payment, and

(b) as taxable earnings from the employment for the purposes of section 232.

(4) The worker is not chargeable to tax in respect of the deemed direct payment if, or to the extent that, by reason of any combination of the factors mentioned in subsection (5), the worker would not be chargeable to tax if—

(a) the client employed the worker,

(b) the worker performed the services in the course of that employment, and

(c) the deemed direct payment were a payment by the client of earnings from that employment.

(5) The factors are—

(a) the worker being resident or domiciled outside the United Kingdom or meeting the requirement of section 26A,

(b) the client being resident outside, or not resident in, the United Kingdom, and

(c) the services being provided outside the United Kingdom.

(6) Where the intermediary is a partnership or unincorporated association, the deemed direct payment is treated as received by the worker in the worker’s personal capacity and not as income of the partnership or association.

(7) Where—.

(a) the client is the person treated as making the deemed direct payment,

(b) the worker is resident in the United Kingdom,

(c) the services are provided in the United Kingdom,

(d) the client is not resident in the United Kingdom, and

(e) the client does not have a place of business in the United Kingdom,

the client is treated as resident in the United Kingdom.

61S Deductions from chain payments

(1) This section applies if, as a result of section 61R, a person who is treated as making a deemed direct payment is required under PAYE Regulations to pay an amount to the Commissioners for Her Majesty’s Revenue and Customs (the Commissioners) in respect of the payment.

(But see subsection (4)).

(2) The person may deduct from the underlying chain payment an amount which is equal to the amount payable to the Commissioners, but where the amount or value of the underlying chain payment is treated by section 61Q(4) as increased by the cost of any amount due under PAYE Regulations, the amount that may be deducted is limited to the difference (if any) between the amount payable to the Commissioners and the amount of that increase.

(3) Where a person in the chain other than the intermediary receives a chain payment from which an amount has been deducted in reliance on subsection (2) or this subsection, that person may deduct the same amount from the chain payment made by them.

(4) This section does not apply in a case to which 61V(2) applies (services-provider treated as making deemed direct payment).

(5) In subsection (2) “the underlying chain payment” means the chain payment whose amount is used at Step 1 of section 61Q(1) as the starting point for calculating the amount of the deemed direct payment.

61T Information to be provided by clients and consequences of failure

(1) If the conditions in section 61M(1)(a) to (1)(c) are met in any case, and a person as part of the arrangements mentioned in section 61M(1)(c) enters into a contract with the client, the client must inform that person (in the contract or otherwise) of which one of the following is applicable—

(a) the client has concluded that the condition in section 61M(1)(d) is met in the case;

(b) the client has concluded that the condition in section 61M(1)(d) is not met in the case.

(2) If the contract is entered into on or after 6 April 2017, the duty under subsection (1) must be complied with—

(a) on or before the time of entry into the contract, or

(b) if the services begin to be performed at a later time, before that later time.

(3) If the contract is entered into before 6 April 2017, the duty under subsection (1) must be complied with on or before the date of the first payment made under the contract on or after 6 April 2017.

(4) If the information which subsection (1) requires the client to give to a person has been given (whether in the contract, as required by subsection (2) or (3) or otherwise), the client must, on a written request by the person, provide the person with a written response to any questions raised by the person about the client’s reasons for reaching the conclusion identified in the information.

(5) A response required by subsection (4) must be provided before the end of 31 days beginning with the day the request for it is received by the client.

(6) If—

(a) the client fails to comply with the duty under subsection (1) within the time allowed by subsection (2) or (3),

(b) the client fails to provide a response required by subsection (4) within the time allowed by subsection (5), or

(c) the client complies with the duty under subsection (1) but fails to take reasonable care in coming to its conclusion as to whether the condition in section 61M(1)(d) is met in the case,

section 61N(3) and (4) have effect in the case as if for any reference to the fee-payer there were substituted a reference to the client, but this is subject to section 61V.

61U Information to be provided by worker and consequences of failure

(1) In the case of an engagement to which this Chapter applies, the worker must inform the potential deemed employer of which one of the following is applicable—

(a) that one of conditions A to C in section 61N is met in the case,

(b) that none of conditions A to C in section 61N is met in the case

(2) If the worker has not complied with subsection (1), then for the purposes of section 61N(1), one of conditions A to C in section 61N is to be treated as met.

(3) In this section, “the potential deemed employer” is the person who, if one of conditions A to C in section 61N were met, would be treated as making a deemed direct payment to the worker under section 61N(3).

61V Consequences of providing fraudulent information

(1) Subsection (2) applies if in any case—

(a) a person (“the deemed employer”) would, but for this section, be treated by section 61N(3) as making a payment to another person (“the services-provider”), and

(b) the fraudulent documentation condition is met.

(2) Section 61N(3) has effect in the case as if the reference to the fee-payer were a reference to the services-provider, but—

(a) section 61N(4) continues to have effect as if the reference to the fee-payer were a reference to the deemed employer, and

(b) Step 1 of section 61Q(1) continues to have effect as referring to the chain payment made by the deemed employer.

(3) Subsection (2) has effect even though that involves the services-provider being treated as both employer and employee in relation to the deemed employment under section 61N(3).

(4) “The fraudulent documentation condition” is that a relevant person provided any person with a fraudulent document intended to constitute evidence—

(a) that the case is not an engagement to which this Chapter applies, or

(b) that none of conditions A to C in section 61N is met in the case.

(5) A “relevant person” is—

(a) the services-provider;

(b) a person connected with the services-provider;

(c) if the intermediary in the case is a company, an office-holder in that company.

61W Prevention of double charge to tax and allowance of certain deductions

(1) Subsection (2) applies where—

(a) a person (“the payee”) receives a payment or benefit (“the end-of-line remuneration”) from another person (“the paying intermediary”),

(b) the end-of-line remuneration can reasonably be taken to represent remuneration for services of the payee to a public authority,

(c) a payment (“the deemed payment”) has been treated by section 61N(3) as made to the payee,

(d) the underlying chain payment can reasonably be taken to be for the same services of the payee to that public authority, and

(e) the recipient of the underlying chain payment has (whether by deduction from that payment or otherwise) borne the cost of any amounts due, under PAYE regulations and contributions regulations in respect of the deemed payment, from the person treated by section 61N(3) as making the deemed payment.

(2) For income tax purposes, the paying intermediary and the payee may treat the amount of the end-of-line remuneration as reduced (but not below nil) by any one or more of the following—

(a) the amount (see section 61Q) of the deemed payment;

(b) the amount of any capital allowances in respect of expenditure incurred by the paying intermediary that could have been deducted from employment income under section 262 of CAA 2001 if the payee had been employed by the public authority and had incurred the expenditure;

(c) the amount of any contributions made, in the same tax year as the end-of-line payment, for the benefit of the payee by the paying intermediary to a registered pension scheme that if made by an employer for the benefit of an employee would not be chargeable to income tax as income of the employee.

(3) Subsection (2)(c) does not apply to—

(a) excess contributions paid and later repaid,

(b) contributions set under subsection (2) against another payment by the paying intermediary, or

(c) contributions deductible at Step 5 of section 54(1) in calculating the amount of the payment (if any) treated by section 50 as made in the tax year concerned by the paying intermediary to the payee.

(4) For the purposes of subsection (3)(c), the contributions to which Step 5 of section 54(1) applies in the case of the particular calculation are “deductible” at that Step so far as their amount does not exceed the result after Step 4 in that calculation.

(5) In subsection (1)(d) “the underlying chain payment” means the chain payment whose amount is used at Step 1 of section 61Q(1) as the starting point for calculating the amount of the deemed payment.

(6) Subsection (2) applies whether the end-of-line remuneration—

(a) is earnings of the payee,

(b) is a distribution of the paying intermediary, or

(c) takes some other form.

61X Interpretation

In this Chapter—

“associate” has the meaning given by section 60;

“company” means a body corporate or unincorporated association, and does not include a partnership;

“engagement to which Chapter 8 applies” has the meaning given by section 49(5).”

(11) In section 339A (travel for employment involving intermediaries), after subsection (6) insert—

“(6A) Subsection (3) does not apply in relation to an engagement if—

(a) sections 61N to 61R in Chapter 10 of Part 2 apply in relation to the engagement,

(b) one of Conditions A to C in section 61N is met in relation to the employment intermediary, and

(c) the employment intermediary is not a managed service company.

(6B)This section does not apply in relation to an engagement if—

(a) sections 61N to 61R in Chapter 10 of Part 2 do not apply in relation to the engagement because the circumstances in section 61M(l)(d) are not met,

(b) assuming those circumstances were met, one of Conditions A to C in section 61N would be met in relation to the employment intermediary, and

(c) the employment intermediary is not a managed service company.

(6C) In determining for the purposes of subsection (6A) or (6B) whether one of Conditions A to C in section 61N is or would be met in relation to the employment intermediary, read references to the intermediary as references to the employment intermediary.”

(12) The amendments made by paragraphs 2 to 9 and 11 of this Resolution have effect for the tax year 2017-18 and subsequent tax years.

(13) The amendment made by paragraph 10 of this Resolution has effect in relation to deemed direct payments treated as made on or after 6 April 2017, and does so even if relating to services provided before that date.

And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

8. Optional remuneration arrangements

Resolved,

That—

(1) In Part 3 of the Income Tax (Earnings and Pensions) Act 2003 (employment income: earnings and benefits etc treated as earnings), in Chapter 2 (taxable benefits: the benefits code), after section 69 insert—

“69A Optional remuneration arrangements

(1) Subsections (2) to (7) have effect for the purposes of the benefits code.

(2) A benefit provided for an employee is provided under “optional remuneration arrangements” so far as it is provided under arrangements of type A or B (regardless of whether those arrangements are made before or after the beginning of the person’s employment).

(3) “Type A arrangements” are arrangements under which, in return for the benefit, the employee gives up the right (or a future right) to receive an amount of earnings within Chapter 1 of Part 3.

(4) “Type B arrangements” are arrangements (other than type A arrangements) under which the employee agrees to be provided with the benefit rather than an amount of earnings within Chapter 1 of Part 3.

(5) A benefit provided for an employee is to be regarded as provided under optional remuneration arrangements (whether of type A or type B) so far as it is just and reasonable to attribute the provision of the benefit to the arrangements in question.

(6) Where a benefit is provided for an employee under any arrangements, the mere fact that under the arrangements the employee makes good, or is required to make good, any part of the cost of provision is not to be taken to show that the benefit is (to any extent) provided otherwise than under optional remuneration arrangements.

(7) Where a benefit is provided for an employee partly under optional remuneration arrangements and partly otherwise than under such arrangements, the benefits code is to apply with any modifications (including provision for just and reasonable apportionments) that may be required for ensuring that the benefit is treated—

(a) in accordance with the relevant provision in the column 2 of the table so far as it is provided under optional remuneration arrangements, and

(b) in accordance with the relevant provision in column 1 of the table so far as it is provided otherwise than under such arrangements.

--- Later in debate ---

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Two things: I thank the hon. Lady for giving me notice of her point of order; and we actually have the relevant Minister, who wants to respond now, which may be helpful.

[The Minister for Disabled People, Health and Work (Penny Mordaunt)]

The Social Security Advisory Committee decided not to take the regulations on formal reference or to consult further. It made two recommendations, which we are considering and will respond to in due course. As the Secretary of State for Work and Pensions has said from the Dispatch Box, there is no change to our policy, our budget or the award amounts. We can be confident that no one’s award will be altered, all things being equal, if and when they are reassessed, because prior to the relevant case, the case law was conflated and confused, and therefore no assessment providers changed their scoring and no DWP decision makers altered or increased the award amounts. It is very important that we reassure people on that benefit that there is no change to the policy, to the budget or to the award amounts, and that if their condition is the same, they will continue to receive the award.

[Debbie Abrahams]

Further to that point of order, Mr Deputy Speaker. The Minister’s statement is in direct contradiction to the letter that she has received, and I seek further—[Interruption.]

[Mr Deputy Speaker]

Order. We cannot have the debate now, but if the hon. Lady is unsatisfied with that response, she knows how to use the usual channels and that would be the best way forward.

International Women’s Day

Lindsay Hoyle Excerpts

Thursday 2nd March 2017 Commons Chamber

[Angela Crawley (Lanark and Hamilton East) (SNP)]

It is a pleasure to follow the hon. Member for Birmingham, Yardley (Jess Phillips), the right hon. Member for Basingstoke (Mrs Miller) and all the female Members who have spoken in the debate so far. Notwithstanding the hon. Member for Shipley (Philip Davies), it is a shame that there are not more men participating in this debate—[Interruption.] I am pleased that he has saved us all some time.

The theme of this year’s day is, “Be Bold for Change”. It is a call for women and our allies—I thank the few men who are here—to think outside the box, to envision, to be more inclusive, to ensure we have a more gender-equal and fair society, and, ultimately, to be the change that we want to see in the world. Yet today, despite all the progress that we have made, there are still too many women who are adversely affected by cuts, pay disparity, domestic violence, sexual assault, rape, and female genital mutilation. I could continue, but the list only reminds us of how far we still have to go.

I am pleased to say that, last week, my hon. Friend the Member for Banff and Buchan (Dr Whiteford) made history in this House by ensuring that the ratification of the Istanbul convention will proceed. I am grateful to all women’s aid organisations, both in Scotland and across the UK, and to IC Change, which helps to deliver the services on which women rely every day.

Although I welcome the Government’s actions on the gender pay gap—I was proud to sit on the Committee overseeing legislation on that matter—they do not go far enough. It is simply not good enough if a baby girl born today has to wait until 2041 to achieve gender parity. I am pleased that the Government are taking action but, as always, I want to push for more.

I want to highlight some of the bold and courageous women from my constituency who have acted for change and made a difference. Those women have shaped my world view and my view of politics. They are one of the reasons why I am standing here today—this is not the institution that I aim to be in but, none the less, I am here.

I recently went to see the film “Hidden Figures” which documents the untold story of African-American women working at NASA, challenging gender and race stereotypes. The fact is that, all too often, many women who do both ordinary and fantastic jobs every day remain hidden in our society. We should recognise them, although no films are made about a cook, a cleaner or an ordinary woman who works hard but does not earn the same as a man.

This year marks the 40th anniversary of the election of Winnie Ewing in Hamilton in 1967. She was a lawyer who became the second ever SNP MP. Therefore, being a young girl growing up in Hamilton meant knowing about strong, passionate women who believed that they could change things in politics, and I hope that that is what I am here to do. Winnie Ewing went on to be known as Madame Ecosse in Europe, and she led the way in fighting for many of the protections that we enjoy today. We must ensure that Brexit will not remove those equality protections. Winnie was unquestionably bold and she acted for change. As well as increasing representation in this Parliament, I wish to see an increase in women local government representatives after the elections in May.

Hamilton was also the home of the late and great Margo MacDonald. Margo challenged the established political order in 1973 in the Govan by-election, and she went on to have a long and successful career in journalism and politics. Sadly, Margo lost the battle with Parkinson’s disease, but she never lost the courage to fight for what she believed in. She was indeed bold and brave in striving for change. Like me, she wanted Scottish independence—I remain resolute that I will see that in my lifetime.

One more great woman who inspired me from a young age is Horse McDonald, who grew up in the area of Lanark. She is a role model for many in the lesbian, gay, bisexual and transgender community. Her play “Careful” outlines her own experience of growing up in Lanark. She displayed bravery at a time when being an openly lesbian musician was challenging to say the least.

I have named just some of the inspirational women from Lanark and Hamilton East, but, as I said earlier, there are many more who do ordinary jobs and live ordinary lives, and also deserve to be recognised.

Let me outline one final matter that I wish to change. The Prime Minister has committed to review domestic violence legislation, which I welcome, but I ask her to consider the cross-party calls for a review of the child maintenance tax for domestic violence survivors. I have gone on at great length about that, but if the spirit is to be bold and to ask for change, I will continue to do so.

There is still much work to do. As we celebrate women across the world, let me quote some words from Maya Angelou:

“If you don’t like something, change it.”

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Who could argue with that? I call Lucy Allan.

--- Later in debate ---

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

On a point of order, Mr Deputy Speaker. This week, the hon. Member for North East Somerset (Mr Rees-Mogg) was in my constituency. To his credit, he informed me that he was going to be in my constituency for a Conservative fundraiser. I offered to go with him, but he rejected my advances. Today I opened my local paper, the Camden New Journal, to read that he had described the “pygmy” nature of the Opposition. Do you, Mr Deputy Speaker, think it was appropriate for him to use the term “pygmy” when he was in the constituency of the shortest MP in Parliament? I await your guidance.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

The hon. Gentleman is normally a very courteous Member, and he did give notice. I know the hon. Lady will have a quiet word in his ear, but knowing the Member I am sure there was no intent. If there was, she will need to come back to me.

School Funding

Lindsay Hoyle Excerpts

Wednesday 25th January 2017 Commons Chamber

[Jo Churchill (Bury St Edmunds) (Con)]

In the two minutes I have to speak, I would like to welcome the Government’s commitment and commend the Secretary of State for tackling this difficult issue. The hon. Member for Wirral South (Alison McGovern) spoke about fairness. Children in the area represented by the hon. Member for Ashton-under-Lyne (Angela Rayner) currently receive £178 more per pupil than my children in Suffolk. After the change, her area will receive £219 more per pupil. I would like the consultation to iron out these anomalies. We in Suffolk are grateful for the uplift, but I, like many others, have campaigned for fairer funding—my children deserve to be treated equally.

I appreciate that it is too complex to make the change in one go, because that would mean walloping some schools harder than others, so we need to have a gentle trajectory. That said, we must not stand back and fail to grasp the nettle. For too long, our children, particularly in rural areas—we have heard from Cambridgeshire, Norfolk and Essex—have been underfunded. We have had to play second fiddle to large metropolitan areas. Children in those areas do not deserve better life chances; they deserve the same life chances as others. I have areas of deprivation in my constituency and children who could do with more money spent on their education. This is the right way to continue.

This morning, I held a roundtable of businesses and educationists from across the region. They are talking about skills. Please let us concentrate on early years. That is a bit difficult in Suffolk, because we are losing more than we currently spend on it, but we provide outstanding education. Please can we also look at rural England? Hon. Members should not assume that we have everything. When we consult—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order.

--- Later in debate ---

[Michael Gove (Surrey Heath) (Con)]

You can’t take it. You can’t stand the truth.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Mr Gove, I think you need to calm a little. A little peppermint tea might help.

Technical and Further Education Bill

Lindsay Hoyle Excerpts

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Monday 9th January 2017 Commons Chamber

[Gordon Marsden]

I beg to move amendment 1, page 8, line 4, at end add—

‘(3) Before an education administrator may perform functions specified in subsection (2), they must ensure an appropriate assessment is made and published of the impact of performing such functions, including, but not restricted, to—

(a) the impact on the quality of education provided to existing students of the further education body;

(b) the capacity of another body or institution to undertake any additional functions or provide education to additional students;

(c) the infrastructure of the local area, in particular transport;

(d) the ability of students to travel to another body or institution; and

(e) any financial impact on those students, including the cost of travel by students to attend another body or institution, and steps to mitigate those impacts.

(4) The Secretary of State shall make regulations to specify suitable bodies for making the assessments at subsection (3).

(5) Regulations made under subsection (4)—

(a) shall be made by statutory instrument; and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

This amendment would ensure that an appropriate assessment is made of any potential impacts on students and their education, if an education administrator puts a further education body into “special administration” and takes action such as transferring students to another institution or keeps an insolvent institution open for existing students. This amendment would also require the Secretary of State to specify suitable bodies to perform such assessments.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Amendment 2, in clause 18, page 9, line 15, at end insert—

“(e) suspend the Office for Students protection action for students.”

This amendment would give the court the power to suspend Office for Students’ student protection action for the period of insolvency in which the education administrator has responsibility for the management of an FE body .

Amendment 3, in clause 28, page 13, line 2, at end insert—

‘(1A) Sums guaranteed under subsection (1) shall include statutory pension obligations payable to staff employed by a further education body subject to an education administration order.”

This amendment would ensure that staff employed by an FE college continue to accrue statutory Teachers Pension Scheme and Local Government Pension Scheme pension obligations? during an education administration.

Amendment 22, in schedule 2, page 30, line 39, at end insert—

“3A The education administrator may not transfer assets of any further education body to a for-profit private company where he or she considers that more than half of the funding of the acquisition of the asset came from public funds.”

This amendment would ensure further education bodies with a track record of accruing assets publicly, could not be transferred to a for-profit private company.

[Gordon Marsden]

May I wish you a happy new year, Mr Deputy Speaker?

We turn to the extremely important part of the Bill, which is one of the reasons why the Bill is in the form it is. I shall deal with that in a moment or two when discussing amendments 2 and 3. First, I wish to focus on the importance of clause 14 and of the Government’s welcome introduction into the Bill of the role of the education administrator. Although we welcome that, we want to probe, as we did in Committee, just how it is going to work in practice, and that is the purpose of amendment 1. It is extremely important to remember the end product we are all aiming at. We hope—and I believe, as I am sure the Minister does—that the number of occasions when the detailed insolvency provisions laid out in the second part of the Bill will be required will be as few as possible. Shortly, I will suggest why I think they are particularly necessary and deal with some of the related issues.

This amendment would ensure that an appropriate assessment is made of any potential impact on students and their education if an education administrator puts a further education body into special administration and takes action such as transferring students to another institution or keeps an insolvent institution open for existing students. It would also require the Secretary of State to specify suitable bodies to perform such assessments. The amendment has been tabled at the urging of the National Society of Apprentices and it touches on an area where the Minister and I have common ground: the importance of understanding what the end product of this new education administrator is all about. He or she is there to provide protections and support that would not be available in a traditional insolvency process. That is extremely important in terms of the position of young people, particularly those who might be at college as part of their apprenticeship or of other training.

I wish to speak particularly to the proposed new subsections 3(c), 3(d) and 3(e) set out in our amendment. One thing that the NSOA’s research has shown—this was in 2014 and the figure may well have increased since—is that apprentices spend, on average, about £24 a week on travel, which equates to a quarter of the salary of an apprentice earning the apprentice national minimum wage. Additional research has indicated that some young people were choosing the apprenticeships they could afford to get to, rather than those they were keen to do. In the light of the area review process in England and the creation of fewer, more resilient colleges, we are concerned about the impact on those potential apprentices in terms of their travel time between provider, employer and home. We have had our disagreements with the Government over that review process and will doubtless continue to probe them strongly on it.

The Opposition believe it is important that the Institute for Apprenticeships and Technical Education takes a clear and early lead role in encouraging local authorities and transport companies to ensure that all young people, including apprentices, are covered by travel concessions. Without a high-profile champion for their needs, apprentices can too often be excluded from such concessions, because apprenticeships are perceived as employment rather than education and are excluded from the relevant definitions. The crux of the amendment is to ensure that the entitlement that the Bill gives to students to continue their education works in practice. The ambitions of the provisions on special administration are noble; the amendment is intended to be a safeguard against any unintended consequences.

--- Later in debate ---

20:59

Division 116

Ayes: 183

---

Labour: 174
Liberal Democrat: 5
Ulster Unionist Party: 2
Green Party: 1
Social Democratic & Labour Party: 1

Noes: 278

---

Conservative: 274
Democratic Unionist Party: 4

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I will now suspend the House for no more than five minutes in order to make a decision on certification. The Division bells will be rung two minutes before the House resumes. Following my certification, the Government will table the appropriate consent motions, copies of which will be shortly available in the Vote Office and will be distributed by the Doorkeepers.

On resuming—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I can now inform the House of my decision about certification. For the purposes of Standing Order No. 83L(2), I have certified clauses 2 to 38 of, and schedules 2 to 4 to, the Technical and Further Education Bill as relating exclusively to England and Wales and within devolved legislative competence, and clause 1 of, and schedule 1 to, the Bill as relating exclusively to England and within devolved legislative competence. Copies of my certificate are available in the Vote Office.

Under Standing Order No. 83M, consent motions are therefore required for the Bill to proceed. Does the Minister intend to move the consent motions?

[Robert Halfon]

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).

[Mr Lindsay Hoyle in the Chair]

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

I remind hon. Members that if there are Divisions, only Members representing constituencies in England and Wales may vote on the consent motion for England and Wales, and only Members representing constituencies in England may vote on the consent motion for England. As the knife has fallen, there can be no debate

Motion made, and Question put forthwith (Standing Order No. 83M(5)),

That the Committee consents to the following certified clauses of the Technical and Further Education Bill:

Clauses certified under Standing Order No. 83L(2) as relating exclusively to England and Wales and being within devolved legislative competence

Clauses 2 to 38 of, and Schedules 2 to 4 to, the Technical and Further Education Bill.—(Robert Halfon.)

Question agreed to.

The House forthwith resolved itself into the Legislative Grand Committee (England) (Standing Order No. 83M(4)(d)).

Motion made, and Question put forthwith (Standing Order No. 83M(4)(d)),

That the Committee consents to the following certified clauses of the Technical and Further Education Bill:

Clauses certified under Standing Order No. 83L(2) as relating exclusively to England and being within devolved legislative competence

Clause 1 of, and schedule 1 to, the Technical and Further Education Bill.—(Robert Halfon.)

Question agreed to.

The occupant of the Chair left the Chair to report the decisions of the Committees (Standing Order No. 83M(6)).

The Deputy Speaker resumed the Chair; decisions reported.

[Pete Wishart (Perth and North Perthshire) (SNP)]

On a point of order, Mr Deputy Speaker. I am sure that the House was greatly entertained by the farce that we have just witnessed. I hope that during the adjournment, you had the opportunity to take advantage of the facilities here and even make yourself a nice cup of tea, Mr Deputy Speaker, because it was a completely and utterly pointless waste of time.

Because of the way in which the programme motion has been designed and because of the lack of time available, it has not been possible for the Legislative Grand Committee to consider all these important English-only measures. Given that English votes for English laws is supposed to be of paramount importance and one of the main innovations of this Parliament, is it not disappointing that English Members have not had the opportunity to lend an English—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I think the hon. Gentleman and I both know, first, that that is not a point of order and, secondly, that an important debate took place today, and it was regarded as important to have a special debate on health as well. The fact is, however, that time has gone. The House agreed to the rules and they have now been applied. Going over all that is not going to change anything. I thank the hon. Gentleman for raising the point of order and he has now put his point on the record. The bottom line is, however, that these are the rules that the House has chosen, as he well knows. That is the end of it. We move on to Third Reading. Perhaps time for a cup of tea. [Interruption.] Order. If you have a problem, Mr Wishart, you should pursue it through the usual and proper channels. The fact is that you did not raise a point of order, as you well know. I know it was not a point of order and you know it was not, which was why you raised it. The bottom line is this: if you do not like it, go and get your cup of tea while the House gets on with the business.

Transgender Equality

Lindsay Hoyle Excerpts

Thursday 1st December 2016 Commons Chamber

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I want to set some parameters for the debate. The second debate is twice as heavily subscribed as this one, but both debates are important to the House and to those listening to them. I suggest that Members, including those on the Front Benches, speak for up to 10 minutes in order to try to bring this debate to an end by 2 o’clock.

Higher Education and Research Bill

Lindsay Hoyle Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Tuesday 19th July 2016 Commons Chamber

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. To help all Members, instead of setting a time limit, if we could do up to 12 minutes, we will all get equal time and we should all be happy.

--- Later in debate ---

[Rebecca Pow]

The right hon. Gentleman is making an extremely valuable case but does this not highlight why we need this Bill and some of the things in it, in particular the focus on transparency, so that we can look at social mobility in the individual institutions and work out where they are going wrong and where they need to do more? That is precisely what this Bill is for.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I might be able to help a little, as the hon. Lady is hoping to catch my eye next. Mr Lammy, your speech has taken about 14 minutes so far, and I did advise Members to take about 12 minutes. I am sure your contribution will be coming to an end very shortly.

[Mr Lammy]

Transparency will of course help, but we know what works and under the Labour Government most of that was covered by the Aimhigher programme which, sadly, was abolished by this Government.

Do we want our universities to be engines of social mobility or do we accept that the universities will merely reinforce and embed the inequality of opportunity that pervades our society? That is the central question and that is the test against which this Bill should be held. Of course, we welcome some of the changes that will establish a new improved body for what was the Office for Fair Access, but the points made so far in this debate about teaching are particularly well made. To link teaching to the labour market when universities’ purview is not entirely about the labour market is worrying, and to preference funding alongside that teaching is, I think, suspect. I certainly want to hear the Minister say more about that and I hope that issue receives more scrutiny in Committee.

The question is: is this Bill the right one now given the Brexit challenge? Is it really going to make a change beyond that on transparency about fair access? I hope the Minister will come back to that point. And is it right, on the teaching question alone, to put all the burdens on universities in relation to the labour market, and certainly to allow them to charge more for teaching when that ought to be at the heart of what a university does anyway?

--- Later in debate ---

[Paul Blomfield (Sheffield Central) (Lab)]

I echo the hon. Member for Bury St Edmunds (Jo Churchill) in welcoming the fact that the Minister survived the ministerial cull and is still in his place, because I think he has brought a—[Interruption.] He is defying my words at the moment; I was going to say how good he is at listening. I am over here!

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Will the Front Benchers take note of this? The hon. Member for Sheffield Central (Paul Blomfield) is making reference to the Front Benchers, and they appear to be having a conversation. I am sure that everybody wants to hear what the hon. Gentleman wants to say.

[Mr Sheerman]

My hon. Friend was trying to be nice.