Amendment of the Law

Debate between Mark Durkan and Sheila Gilmore

Thursday 22nd March 2012 Commons Chamber

[Mark Durkan (Foyle) (SDLP)]

Unlike Government Members, I am not in a rush to gush about how much this Budget does for families or firms in my own or anybody else’s constituency. However, I am also not here to pretend that everything in this Budget is bad, as it contains measures that will help some sectors and areas. Moving on general anti-abuse rules to deal with tax avoidance is good in principle and welcome. Obviously, we have to see the exact detail to know whether the effects will match up to the stated intent. Similarly, tax simplification for small businesses is a good thing in principle, but again the devil will be in the detail, as it will be in respect of removing borderline anomalies. Many of us have been lobbied by our local chippies and others about removing some of those anomalies, but of course there is always the danger that we end up redrawing the margins in particular businesses or sectors.

The Budget makes new provisions for the carbon price floor. Coming from Northern Ireland, I am sorry that the Government have not seen fit to open a window to relieve the serious competitiveness and investment problems that will be caused to our generating industry, because, in the context of the single energy market in Ireland, the carbon price floor will, in effect, incentivise investment to go south of the border and not stay in the north.

There are other issues to address, such as fuel duty. Again, I regret that the Government have not done more to help firms and families, who have both been affected deeply by these problems. The Government have boasted greatly about the measures that they have taken to date to protect people from the price surge, but that surge protection is still needed and now is not the time to let it go on the assumption that the other tax changes that the Government have announced will somehow carry people through or forward.

Obviously, not least in the context of Northern Ireland, I support the further moves in relation to “above the line” research and development tax credits and the tax reliefs in the creative sector, not least in film and high-end television, where Northern Ireland has recently been doing well.

On corporation tax, we in Northern Ireland are faced with the highly competitive corporation tax rate on the other side of the border and we have been looking for reductions and modifications there. I have no argument in principle with moves to reduce corporation tax, but I wonder about the Government’s measures on the control of foreign companies and the full reform that is there. Previously, I have asked about the impact that that would have on the moves to restrict the incentives towards using tax havens, and I remain concerned that while the Government have perhaps redressed some of the concerns that have been raised about the possible loss to business and revenue in the UK, there will still be a loss to developing countries’ revenue, which they absolutely need, as a result of the measure.

The Government are making much, not just in the Budget but more widely, about what they are doing for business lending. We have all heard this before. All the measures that are made relying on quantitative easing and now credit easing depend on the banks. We are told about the £20 billion guarantee, so that some banks—those that opt into the scheme—might give businesses credit at 1% less than they would otherwise have given. If yet more billions are being spent just to make that marginal difference, one has to wonder whether that is the best way of gearing support towards growth and the economy. More direct uses of that money could yield a much readier growth impact.

On the tax side, we have the hit on pensioners, with the move in the allowance and more people being brought into taxation. At a time when we are again encouraging people to save towards pensions and we again have a reform and recasting of the pension system, for the Government to come along and make another tweak that appears to hit pension provision and pension plans sends the wrong signal. It gives people the idea that the Government engage in jiggery-pokery—that they encourage people to save pensions but that then when they do so they will be clobbered. It is just a bad and unnecessary measure at a time when we are trying to encourage people to save more for pensions. Other people whom we are asking to save for their pensions are middle-income earners: we are asking them to make strong provision for their pensions and to make provision for their children’s third-level education. Many of them are still being hit by the change to child benefit. That will hit some of those people’s capacity to save for their own pensions as well as to support their children.

The Chancellor has told us of the Adam Smith principles of tax being simple and predictable, supporting work and being fair, but the tax charges being introduced in relation to child benefit go completely against that. It is a very complicated and clumsy system that is going to cause problems, and not just for those families who are affected—it will cause serious problems for employers. It will not be long before employers’ bodies will be coming to Government and saying, “You have created a very serious problem here”—a much bigger problem than the 50p tax ever created for those firms in how they could incentivise rewards and repay people. The Chancellor also mentioned the £10 billion cut in welfare coming after the next election, which he has been framing as necessary if other cuts are to be sustained.

[Sheila Gilmore]

Will my hon. Friend comment on the initial speculation in today’s edition of The Times, which is hardly a bastion of left-wing politics, that those cuts might affect attendance allowance, means-tested disability living allowance or mean the taking away of carers’ allowance?

[Mark Durkan]

Of course, these cuts could affect anything. We were told when the Welfare Reform Bill went through Parliament that that was the final destination of welfare reform. Now it is clear from the Chancellor that it is simply a staging post for further cuts. We were told about the spoonful of sugar—the extra money going into making universal credit work in the transition period—but is it the Chancellor’s plan to remove some of that, and to pull back the extra investment that has gone into making universal credit work and more acceptable, or will other benefits such as those for people with disabilities be affected? We know that families with disabilities are already being squeezed. Are they going to suffer more?

In the light of people in the Chamber teasing others about what they will put in their next manifesto, will the Government parties tell us what they will be putting in their manifestos about the £10 billion-worth of further cuts in welfare? Who will be hit? There is no point in people asking one party what they are going to put in their manifesto unless others are going to follow through. The Government are saying that such cuts will be needed after the election; will they say during the election campaign where those cuts will be made?

Individual Voter Registration

Debate between Mark Durkan and Sheila Gilmore

Monday 16th January 2012 Commons Chamber

[Sheila Gilmore (Edinburgh East) (Lab)]

I want to address one or two issues that have not yet been fully addressed. Reference has been made to the use of data matching to find out where people are so that letters can be sent to get them to register. It is very important that we assess how effective that is, and I hope that the Minister is minded to bring forward the reports on that at the earliest possible opportunity and that we have access to that information when we debate the proposed Bill.

Data matching will not be easy. It is said glibly, “We will have data matching”, but the Select Committee was told that some of the exercises have proved to be a lot more difficult than people anticipated. In Southwark, for example, 25% of Department for Work and Pensions records could not be reconciled with the records held by the local authority. That does not surprise me, especially in a place with a lot of flats and tenements. Addresses in Edinburgh, for example, can be recorded in a number of weird and wonderful ways. Traditional approaches, such as numbering each flat 1, 2, 3 and so on, have been replaced by abbreviations such as PF1, PF2 and so on. Someone might apply for a benefit and put their address as 3/1, but another person might record that address as PF2. Data matching is not, therefore, a magic implement, and we must have the opportunity to assess whether it has worked.

The hon. Member for Peterborough (Mr Jackson) suggested that the issue of the boundaries is irrelevant because the register has been set for the current boundary review. Indeed it has, but the problem will arise in 2015, when the register used for the boundary review will not be the one used in the preceding general election. The Committee has suggested that it would be sensible to use the register as it stands at the general election earlier that year, because it contains the carry-over. That approach would run the least possible risk of our ending up with another set of boundary changes based on a low level of registration. While a low level of registration is not inevitable if we really work at it, the Northern Ireland experience tells us that it is likely to happen at least in the first instance. Whatever happens in the more distant future, I hope that the Government accept that particular recommendation.

[Mark Durkan]

Northern Ireland has had more frequent and relatively positive mentions in this debate than in any other debate in which no Northern Ireland Member has sought to catch the Speaker’s eye. In respect of the snakes and ladders experience that Northern Ireland had with individual electoral registration, I encourage Members to note that registration efforts post-election tended to be especially difficult. The Minister has said that he will rely on a canvass in 2015 after the general election, but registration post-election often means that people assume that because they voted at the election they do not need to register. That is one of the lessons that need to be learned.

[Sheila Gilmore]

I thank the hon. Gentleman for that intervention, which supports the point that I was trying to make.

I am also concerned about the issue of postal voters. I am not suggesting that the system is perfect because voters already have to overcome certain hurdles. The signature issue clearly causes problems, especially when signatures change, and people’s votes have been discounted for that reason, but people—especially older people—have been used to getting a postal vote regularly for some time. I am sure that coalition Members have gone door-knocking and have encountered people who say, “I think I have a postal vote, but I’m not sure.” We are usually very reassuring, saying, “Don’t worry, it will come.” During an election campaign, we might say that they are coming out next week. The problem is that many people in that situation will not appreciate that to get their postal vote they will have to go through the individual registration process. Yes, they will be left on the register, at least until May 2015, but they will lose their postal vote. If they lost their postal vote, many of them will simply not be able to register their vote, and that is a very important point.

Given that we have certain safeguards in place for postal voting, and we are allowing the general carry-over, I do not see it as such a big change to suggest that we carry over the postal voting aspect of people’s registration at that stage. As the system beds in, that will probably become less necessary, but at this initial stage there is a great risk that people will discover that they are unable to vote in the next general election—not to mention the boundary issue.

What we really need to do on registration—and no one has done it well enough, although some local authorities are better than others—is to look at imaginative ways to get more people registered. Registration differs so much across cities—even across a ward. I was out door-knocking only yesterday and in one street of terraced houses almost everybody was on the register. Just around the corner, I found a block of six flats where only two households were registered. The two places are not fantastically different sociologically, but flats tend to have higher turnover, and that is the important difference. If we crack that problem, it will make a tremendous difference, but individual voter registration alone will not do it. In fact, the opposite is true, because it will be difficult to get people in multiply occupied flats to register.

The best electoral registration is where local authorities put a lot of resources into doing it and target, not necessarily everybody—a universal door-knocking exercise is not necessary—but those places where there are known to be deficiencies. We know where they are, and that would build up registration, which should be the priority at the moment. On top of that, I hope that the Government accept the recommendations made by the Select Committee on the proposed Bill.

Fixed-term Parliaments Bill

Debate between Mark Durkan and Sheila Gilmore

Wednesday 24th November 2010 Commons Chamber

[Mark Durkan]

With the exception of amendment 5, the amendments basically try to make the Bill more complete and more cogent by ensuring that there is less ambiguity about convention. That is particularly the case with amendment 25, which would remove from the Prime Minister and the Whips the ability to whisper confidence and no confidence in people’s ears, to play the question like a joker that is wild and to use it in relation to any issue that is uncomfortable for the Government or on which Back Benchers are exercising their consciences and discretion.

I gave the example in an intervention earlier of the way in which that process was used with the then Counter-Terrorism Bill. Labour MPs who had said that they would vote in good conscience against 42-day detention were prevailed on with the threat of its being a matter of confidence or no confidence. The then Prime Minister said to me that he would not even table a motion of no confidence if he lost that vote, but that he would deem it to be a vote of no confidence and would go straight away. In the first conversation, he said that the vote would have been followed by a no confidence motion but later on, he said that he would not even bother with a no confidence motion and would go straight to an election. I know that that threat brought some Back Benchers into line and they voted against their consciences and against their stated intentions.

If we are serious about altering the balance of the powers in the hands of the Executive and the Whips, we should support amendment 25, which states that a no confidence motion for the purposes of the Bill must explicitly be a no confidence motion in either the Prime Minister or the Government. Making it clear and explicit in those terms removes the ambiguity and bullying element and restores clarity.

The hon. Member for Epping Forest (Mrs Laing) has made strong arguments for amendments 36 and 37. They would remove possible ambiguity and abuse as well as a lot of confusion and speculation that might arise about otherwise serious circumstances. I commend all those amendments to the Committee.

Another virtue of amendment 25 is that it would go some way to mitigating many of the concerns about the Speaker’s certificate and the challenges and questions that might be raised about it, which are legitimately the subject of subsequent amendments. Because I care for the issues raised by those subsequent amendments, I would make the point that amendment 25 is relevant in containing the problems with the Speaker’s certificate that they aim to address.

[Sheila Gilmore (Edinburgh East) (Lab)]

As a new Member, I think that many of the public will be quite puzzled by some of the matters that are being discussed and will probably be quite surprised that there was such a lack of clarity about what a matter of confidence is. Given that the question of confidence in a Government is fundamental, as was expressed eloquently earlier by many speakers, it is very important that we get this right.

I have not been through some of the experiences that others clearly have, but I have heard them talk about them and it seems wrong that such a question should be used as a sword of Damocles over Members who might have legitimate views about a particular part of a policy—even if it is the policy of a Government whom they support. Had I been a Member of the previous Parliament, I am sure that detention would have been an issue on which I would not have supported the Government’s position. So I can see exactly why it is right to have a definition.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Durkan and Sheila Gilmore

Wednesday 20th October 2010 Commons Chamber

[Sheila Gilmore (Edinburgh East) (Lab)]

As a member of the Political and Constitutional Reform Committee, I am disappointed to find that a measure with cross-party support on the Committee—we all agreed to it—has not been accepted as a good piece of advice on amending a Bill which did not have the pre-legislative scrutiny that might have incorporated such a provision in the first place. Indeed, that is why we have such bodies as Select Committees. They exist to ensure, in an atmosphere that is not adversarial, a greater depth of debate than has been possible even in our debates on the Bill over the past couple of days and today. All Select Committee members felt that, as a safeguard, the amendment was a reasonable way to progress, and, if Ministers have no intention of making unreasonable modifications, they have nothing to lose from accepting such a provision.

The hon. Member for Epping Forest (Mrs Laing) said that she had no concerns about her Government using such powers. We might think differently, but equally she might think differently if there were a change of Government. From the perspective of our discussions in the Committee, the measure simply represented a safeguard that accounts for the fact that the whole procedure has changed. We know that the provision in the Bill is very similar, so we are not ignoring it, but the amendment was agreed to in the wider context of a debate about how we carry out such boundary changes, and the fact that public inquiries will not take place. We wanted to ensure that things could not be altered at the last minute in an unsatisfactory way that cut across whatever public consultation there had been throughout the process.

With many aspects of the Bill, we have forgotten the underlying reason for wanting to legislate on the constitution. I remember the Deputy Prime Minister, when he introduced this constitutional programme, saying that he wanted to overcome the distrust in politics and the fact that people appeared to have lost faith in politics and politicians, and that he felt that the constitutional changes would improve the situation. Having listened to some of last night’s debate, I think it very important that we bear that test in mind when we consider the provision before us. We should ask ourselves, “Do these various detailed provisions improve that trust or detract from it?” The amendment would be a small and fairly technical provision that went some way to meeting that test. I commend it to the Minister and hope that it might be accepted.

[Mark Durkan]

The amendment would represent a very important reassurance, because the Minister would not be able to make highly arbitrary and subjective judgments on any modifications that were introduced. As my hon. Friends have pointed out, we are being asked to consider a situation in which, in every Parliament, there will be a boundary review in respect of the next Parliament. That means that in each Parliament, and in each Government, the relevant Minister will in effect have his or her hands on a boundary review. That fundamentally changes the political nature of the operation, and it might be abused. I am thinking not only of one party against another; it could be abused within a party. It could become yet another of the Whips’ weapons against recalcitrant Government Members—they could say, “Look, we can redistrict you.” That is what has happened in the United States. We find many former members of Congress who say that they were blatantly redistricted by their own parties because they did not fit or did not particularly toe the line. We have seen that happen in various states.

The arrangements provided in the Bill are pregnant with the possibility of abuse or accusations of abuse. The parliamentary process needs to be protected from that. The House has made a mistake in accepting boundary reviews every five years rather than every 10 years. That means that every Parliament will be affected and infected by the issue and the controversy around it. If Ministers want to be free from that, they should agree to the amendment.

Fixed-term Parliaments Bill

Debate between Mark Durkan and Sheila Gilmore

Monday 13th September 2010 Commons Chamber

[Mark Durkan]

Did my hon. Friend not previously give an answer to the hon. Member for Peterborough (Mr Jackson), when she said that the issue was not whether voters could cope with the different issues, but whether the media could handle the spread of coverage and, in particular, whether the broadcast media could handle the detailed legal requirements for balanced coverage, which would be almost impossible to achieve if those elections were melodeoned together?

[Sheila Gilmore]

I absolutely agree.