(9 years, 9 months ago)
Commons ChamberI thank the Backbench Business Committee for approving this debate and my right hon. Friend the Member for Sutton and Cheam (Paul Burstow), my hon. Friend the Member for Broxbourne (Mr Walker) and the hon. Member for North Durham (Mr Jones)—but like my hon. Friend the Member for Broxbourne I will call him my hon. Friend for the purpose of this debate—for securing it.
I am afraid, Madam Deputy Speaker, that I will try your patience by congratulating my hon. Friend the Member for Broxbourne on his OBE, which he collected this morning. I can see from your furrowed brow that you were not aware of that, but you are now. He has been congratulated rather a lot today, but I felt that it would have been remiss of me not to do so from the Dispatch Box.
Order. One can never be congratulated too much, and it is right that the hon. Gentleman’s contribution should be acknowledged.
I am grateful, Madam Deputy Speaker, that you were also able to join in the congratulations to my hon. Friend and embarrass him still further.
It has been a very good debate. It is an important matter for our constituents because mental health conditions are very common, with one in six people being affected at some time in their life. That statistic has been mentioned a few times, including by my hon. Friend the Member for Windsor (Adam Afriyie) who put on record his contribution on the subject early in his parliamentary career. All Members made the clear link between mental health—whether good or bad—and someone’s employment position. Many Members also highlighted the fact that labour market outcomes are poorer for people with mental health conditions than for the population as a whole and those with health conditions in general. As my right hon. Friend the Member for Sutton and Cheam and others said, the vast majority of people with mental health conditions want to work.
I listened carefully to the statistics that my right hon. Friend quoted about people with severe mental health problems. In the spirit of trying to cheer him up a little, noting that he referred to some positive data from the Time to Change campaign about the changing views of employers on mental health, let me reassure him that although I am not in any way complacent, as the gap between those with a mental health problem working and those generally working is significant and far too wide, there was at least some improvement between the last quarter of 2013 and the last quarter of 2014, when the employment rate for those with a variety of common mental illnesses went up by 2.6%, with a further 70,000 people in employment. That is obviously positive and a step in the right direction. I will not overclaim for it, as it is just a step, but perhaps it shows that the good work of the organisations involved with the Time to Change campaign means that employers are open both to keeping people who develop a mental health problem in work and to employing people with mental health problems. We might be seeing the start of improvement in those employment figures, but I do not want to claim more than that.
We are doing a lot, but clearly there is also more to do. I want to pick up on a couple of points mentioned by the shadow Minister, the hon. Member for Stretford and Urmston (Kate Green). I absolutely agree with her comment early on in her remarks referring to employers who say that they would not employ someone with a mental health problem. She was absolutely right that if they employ a reasonable number of employees they almost certainly do, although they might not know that they do. Perhaps the employee does not know that they have a mental health problem either.
The statistics suggest that anyone who employs more than six people is likely to have at least one member of staff with a mental health problem. Perhaps they ought to look around their workplace, think about the people they employ who have a mental health problem and think about how well they support that person, not out of any sense of altruism, although it is of course the right thing to do, but, as the hon. Member for North Durham said, because it is the right thing to do for the business. The person will be more productive, will stay working for that business for longer and will be beneficial. That was a point well made.
Looking at the cast of characters in the Chamber, I recall clearly that three years ago my hon. Friend the Member for Broxbourne, the hon. Member for North Durham and my right hon. Friend the Member for Sutton and Cheam, who was then the Health Minister, participated in a debate in which my hon. Friend and the hon. Gentleman spoke about their own personal experiences. They were both nervous during the debate about how their comments would be taken outside this place. I followed it quite closely, and it was heartening to see that their remarks were taken positively, not just by the organisations that one would expect—those that are familiar with these issues—but more widely and, interestingly, among members of the public. They kicked off an interesting process and since then a number of other right hon. and hon. Members have talked about their own experiences both inside and outside the House. It is right that more Members are encouraged to do that.
The hon. Member for North Durham put it very well when he said that the more we talk about these issues, the more we are open about them, the more the House debates about them and the more we talk about mental health issues in the same matter- of-fact way—I mean that in the most positive sense—as we do about physical health issues, without making a huge drama about them, the more employees and employers will be encouraged to have those sensible conversations in the workplace.
Members spoke about a number of support mechanisms. My hon. Friend the Member for Halesowen and Rowley Regis (James Morris) mentioned the improving access to psychological therapies programme and the shadow Minister referred to the various talking therapies that are available. Those programmes have a proven record of delivering and were started by the Labour party when it was in government. They have been continued by us and expanded. By next month, they will have been expanded so that 15% of people who could benefit will have access, covering about 900,000 people a year. Next year, we will introduce for the first time access standards and waiting time standards in mental health services, and an £80 million investment will ensure that 75% of people will receive the IAPT treatment within six weeks, and more than 50% of people who are experiencing their first episode of psychosis will receive a treatment within two weeks. There is more to do, but I think that that is significant progress.
The hon. Member for North Durham talked about the work capability assessment and the performance of Atos in delivering that. With just a teeny bit of partisanship, I will remind him that it was his party’s Government who introduced the work capability assessment and appointed Atos as the contractor. We inherited that arrangement and spent quite a long time putting it right. I detected in what he said that he is not the biggest fan of Atos, so he will be pleased to know that it is exiting the contract to deliver that service in Great Britain. In fact, Maximus takes over next week, and ahead of that, in the next few days, Members will receive a communication from that company. The hon. Gentleman will be pleased to learn that one of the areas that Maximus takes very seriously and has itself highlighted, and where it is keen to improve WCA performance, is mental health. I hope that he will engage with Maximus, using his local expertise and his personal experience, to help to improve that performance.
(10 years ago)
Commons ChamberIf one is going to lay out a case for the House, one should share all of it. Trading individual cases and trying to politicise them is not the right thing to do; we should discuss the policy. I could cite a number of cases where the spare room subsidy has led to a positive position for someone’s housing, but that is not a very sensible way of proceeding. If one is going to lay out a case, one should lay it out in full and not mislead the House. [Interruption.]
Order. The rest of the House might not want to listen to the Minister, but I do. If he is going to give way to a Member, he will indicate that to them. Members on both sides of the House should just chill out a little bit. Let us hear what the Minister has to say.
Order. I have just been prompted about something that I did not hear because of the row. Apparently the Minister said something about misleading the House. Did he accuse the hon. Member for Leeds West (Rachel Reeves) of misleading the House? Will he confirm that he did not say that?
(10 years, 7 months ago)
Commons ChamberI listened carefully to the hon. Member for Slough (Fiona Mactaggart) because I respect her opinions on home affairs matters. It would not be appropriate to narrow the scope of amendment (a) in the way that she suggested. She missed the point that the individuals concerned are not always compliant and helpful in seeking a second nationality. Indeed, they often try not to do so. That is why the Home Secretary has to take a reasonable decision, taking account of the laws of the countries involved and the behaviour of the individual. If the amendment were narrowed in the way the hon. Lady suggested, I do not think that we would succeed in closing the loophole.
Order. I remind the hon. Gentleman that the point of an intervention is not to comment on a previous intervention, but to comment on what the Minister is saying. If he wants to challenge what the hon. Member for Slough (Fiona Mactaggart) said, perhaps he will try to catch my eye.
(10 years, 7 months ago)
Commons ChamberI cannot let the shadow Secretary of State for Wales get away with championing the success of inward investment and talking in percentage terms. We need to recognise the low base and the Welsh Government’s poor performance in recent years in attracting inward investment. Clearly, any growth needs to be recognised, but we also need to recognise the failure over the last decade, which compares significantly with the previous record.
Order. We are now going just a touch wide of the amendments, which are specifically about new powers and the process for them. The hon. Member for Forest of Dean (Mr Harper) is also ranging quite widely, so I would be grateful if he addressed the amendments.
I will not dwell at any length on my hon. Friend’s point, but it is always interesting to get that perception of the facts on the record, which is slightly different from that set out by the shadow Secretary of State.
The Minister will doubtless talk about new clause 20 —this probably comes back to the amendment tabled by the hon. Member for Arfon—which limits the ability that otherwise might be there for the Welsh Government to interfere with how HMRC operates, and how they use their powers, unless it is specifically for devolved taxes. I am pleased that it contains the condition that the Treasury has to consent to the provision. I think that this is the response to the concern I raised in my question to the hon. Gentleman on amendment 33, which is that even if the tax falls directly on Welsh taxpayers, there may be effects that range more widely, either on businesses located in England, or businesses that hire people from Wales. The Treasury having to consent to that enables a UK-wide perspective to be applied, allowing Members of this House who represent English constituencies that will be impacted by the tax to have a democratically accountable mechanism for speaking to Treasury Ministers, raising those concerns on behalf of their constituents, and allowing the Treasury to take them into account. I am pleased that that Treasury backstop provision remains there and I would not want to see it removed.
(11 years, 3 months ago)
Commons ChamberThe difficulty with answering that question is that, technically, everyone who is a foreign or Commonwealth member of the armed forces could potentially, depending on their circumstances, be eligible. The problem is that the provision will make a difference only if five years before the point at which someone makes an application for naturalisation they were not in the UK because of their service. It would be impossible to go through everyone’s record of service and do that calculation, because we do not know how many will apply for naturalisation or how many would have been delayed in seeking naturalisation because of where they were five years before making the application.
We think that the number who will not have to suffer a delay is in the order of 100 to 200, and that is based on the fact that most foreign and Commonwealth personnel do not have this problem. Veterans Aid talked of “many cases”, but that is tens and hundreds, rather than thousands. It also said that the Bill would help “quite a few” of their clients, and our estimate of 100 to 200 is based on our knowledge of the process and on talking to those service charities that talk to people who have fallen foul of the existing provision. It is our combined intelligence that enables us to say that it is around 100 or 200. That is the kind of number that we are thinking about. Those who are concerned about the numbers need not worry that the Bill will extend to thousands of people. A relatively small number of people will be affected, but it is important to make the change for the benefit of those people who have served their country. In the last decade, many of those people have served not only in the armed forces generally, but in an active operational theatre, so it is important that the House makes sure that they are not disadvantaged.
My hon. Friend the Member for Christchurch also wanted some clarification of the MOD’s general position on the number of foreign and Commonwealth service personnel. This is largely an issue for the Army, rather than the other two branches. The hon. Member for Kingston upon Hull North also referred to the numbers. In a written statement on 11 July—relatively recently—made by the Minister of State, Ministry of Defence, my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois), the MOD said that it would now be enforcing the five-year UK residence requirement when recruiting Commonwealth personnel. The residency rules already exist for Commonwealth recruits to the regular armed forces, but since 1998 they have been waived. My right hon. Friend informed the House that from 11 July those residency rules will be more strictly enforced, which means that applicants to the armed forces will have to demonstrate that they have lived in the UK for five years lawfully—with leave to remain. That requirement will not affect Gurkhas, because they are recruited only in Nepal under separate arrangements agreed with their Government. If my hon. Friend wants more detail, he can look at the statement made by my right hon. Friend the Minister of State.
Without wishing to be too slopey-shouldered about it, if my hon. Friend the Member for Christchurch has detailed questions about the attitude of the Ministry of Defence and recruitment processes and so on, to which I think he alluded, I suggest he speak to my right hon. Friend the Minister for the Armed Forces. I do not think that the Home Office wants to start trespassing on those requirements, although it is worth putting it on the record that as a result of the work we have done on the covenant, officials and Ministers in my Department, the Home Office and the Ministry of Defence have worked very closely to ensure that the system does not disadvantage anyone. I know that that has been welcomed by members of service charities, who have seen an improvement in how we deal with service personnel, their families and former personnel when they go through immigration and naturalisation stages.
This is probably a good time, as I move towards the end of my remarks, to say that the Home Office takes its responsibilities under the armed forces covenant very seriously. In addition to this proposed legislative measure, we have made good progress against a number of our other commitments. We introduced a new process earlier this year, where service leavers could obtain settlement on—
Order. I would just say to the Minister that of course the covenant provides important context, but only where it is relevant to the Bill. I hope he is not now going to go into a rather lengthy set of comments about other items in the covenant. I hope he will stick to the Bill, because time is ticking on.
I am conscious of that, Madam Deputy Speaker. I do not have a lengthy list. It is a short list and the reason for raising it is that it is relevant to the Bill. For example, we have made provision whereby service leavers can obtain settlement on the day of discharge. Of course, settlement for some is the precursor to seeking naturalisation. That is important, because there is not then a gap. Several hon. Members referred to making sure that there is no gap, so that personnel have settled status and no problem in seeking support from the Government or elsewhere.
I will not, Madam Deputy Speaker, test your patience by reading out the list, but I would like to draw to the attention of the House the new set of armed forces rules that will come into force in December. You will be pleased to know, Madam Deputy Speaker, that I laid out the details in a written ministerial statement on 4 July, to which I draw the attention of hon. Members on both sides of the House who are interested in the subject. The new rules will address a number of areas that have been problematic in the past, and I hope that that is helpful.
I will not refer to every paper in my sheaf, but I want to refer to a couple of important questions that came up in the debate. We take the criminality or good character provisions seriously, but we have made a change, which was referred to by at least one Member. Any offences that are offences in service law but not in normal criminal law will no longer be treated in a way that is not subject to judgment. There were a number of cases where it was felt that service personnel who had had a conviction under military law that would not have had the same level of seriousness in civilian criminal law had suffered, and that we had had no ability to judge their case in the round, based on their service. We do, of course, expect the highest standards from our armed forces and apply the same standards as those for civilians. Non-criminal convictions or disciplinary offences are considered when good character is considered, but there is no automatic factor in ruling out somebody. A number of hon. Members referred to that issue, so I thought it was right to deal with it.
A couple of Members referred to what was encapsulated by the definition of “the armed forces”. The definition is the same as that used in the Armed Forces Act and, for the avoidance of doubt, applies to those who serve in our reserve forces, to which several Members have referred.
My hon. Friend the Member for Stourbridge gave a wide-ranging speech, in which she referred to some of the service charities and the points they have made about the service they received from what was the UK Border Agency. It is worth putting it on the record that the splitting of the UK Border Agency and the creation of UK Visas and Immigration, which is the relevant part of the Home Office that deals with naturalisation applications, means that we are focused on delivering better customer service. Some of the changes we announced in the written statement mean that we will be better able to look at applications from the armed forces, which will be made on a special, separate application form, to ensure that we can deliver a settlement on the day of discharge.
(12 years, 6 months ago)
Commons ChamberI gave the hon. Lady a lot of latitude to correct the record, but she needs to do that only once.
My hon. Friend has corrected the record and put the matter straight. I heard the hon. Member for Penistone and Stocksbridge (Angela Smith) talking from a sedentary position, so let me say that we are working very closely with the Electoral Commission on this matter. It is represented on the programme board, as are the Society of Local Authority Chief Executives and the Association of Electoral Administrators.
(12 years, 7 months ago)
Commons ChamberI thank the Parliamentary Secretary for sharing the information about the online system with some of us last week. He will know that one of the concerns that some of us have is about access to national insurance numbers as a means of taking part in that system. There is some difficulty in that people do not readily have access to their national insurance numbers. What suggestions has he for improving that?
Order. I know that the Parliamentary Secretary is trying to be extremely helpful to the House, and he has taken lots of interventions. However, perhaps he will bear it in mind that he has been speaking for more than 40 minutes, that many Members wish to participate in the debate, and that there will be winding-up speeches.
Order. In that case, it is a shame that the Parliamentary Secretary did not take his own advice.
I know that one of my faults is that I am generous to a fault, and I will do my best to rein in that generosity. I will respond to the hon. Member for Ceredigion (Mr Williams) and then I will finish my speech without taking further interventions. I am grateful for your direction, Madam Deputy Speaker, and I am sure that other hon. Members will realise that I am simply following wise advice rather than being ungenerous.
The hon. Gentleman made a good point about national insurance numbers. We have done quite a lot of work on that. The vast majority of members of the public have ready access to their national insurance numbers. When polled, 95% of people did not feel that it would be a problem. Of course, we will ensure that, on the online system, as on the paper-based system, we give people advice if they do not have a national insurance number about the process that they have to follow to get one. There will be an alternative mechanism for the small number of people who do not have a national insurance number to demonstrate their identity to the ERO. However, we do not want to allow that to be a get-out for everybody else. If the hon. Gentleman has anything further to say on the matter, I am obviously happy to discuss that with him.
I believe that the changes that I have outlined on individual registration will ensure the completeness of the register. I think that the Government have listened, learned and improved the Bill.
Let me consider briefly the clauses in part 2 about the administration and conduct of elections, which are intended to improve the way in which elections are run. They address issues that parliamentarians and electoral stakeholders have raised, and make several practical and sensible changes. I will not go through them all, just the most significant.
First, let me consider the provision that extends the electoral timetable for UK parliamentary elections from 17 to 25 days. That will benefit voters, particularly overseas voters and service voters based abroad, enabling them to have more time to receive and return a postal vote. It also makes it easier to combine general elections with other polls.
The Bill also provides for assisting postal voters—I hope that that is of assistance to the hon. Member for Sheffield South East—whose votes are rejected at elections because their postal vote identifiers do not match those stored on records. For example, someone’s signature may have changed or they put down the wrong date—for instance, not their date of birth but the date of the election. Around 150,000 postal votes are rejected at elections. Regulations will make EROs have a duty, after the elections, to inform voters that their identifiers have not matched. [Laughter.] I do not know why the right hon. Member for Holborn and St Pancras (Frank Dobson) is laughing. The provision is included so that the identifiers can be updated and that, instead of those voters losing their votes at every subsequent election, they can ensure that their votes count in future. At the moment, there is no duty to inform them. While the right hon. Gentleman’s party was in government, hundreds of thousands of postal votes were rejected at elections and nothing was done. Rather than laughing at the sensible provisions, I would hope that he supported them.
Alongside that provision, the Government plan to introduce secondary legislation to make it a requirement that 100% of postal vote identifiers are checked at elections. At the moment, legislation provides for only 20% of postal votes to be checked. Ensuring that 100% have to be checked will strengthen the integrity of the process.
There are also provisions to allow the Secretary of State to withhold or reduce a returning officer’s fee for poor performance, but with the important check that there must be a recommendation by the independent Electoral Commission. That is to ensure that returning officers are more accountable. That provision was implemented on a test basis in the Parliamentary Voting System and Constituencies Act 2011—it was a power that the chief counting officer had. It worked well and we are therefore taking it forward.
The final shape of the proposals demonstrates the value that pre-legislative scrutiny adds to the development of legislation. I hope most hon. Members will see that the Government have taken a careful, thoughtful and measured approach in developing our policy. The Chair of the Political and Constitutional Reform Committee, the hon. Member for Nottingham North (Mr Allen), is not sitting in his usual place as he has been upgraded to the Opposition Front Bench, but he said in January that
“the House is in severe danger of doing the job that members of the public elected it to do. The Government have submitted a pre-legislative proposal to the Select Committee, which is how things should happen. The Select Committee responded with non-partisan efforts to determine a better Bill and to make better proposals, some of which have already been heard by the Government.”—[Official Report, 16 January 2012; Vol. 538, c. 508.]
The Government have since accepted more such proposals. In that spirit, I commend the Bill to the House.
(12 years, 11 months ago)
Commons ChamberAs the head of a household almost filled with very young people, it seems to me that the key to getting an understanding of who should be voting is the head of household registration form. When that form is filled out, it gives the key to who is living in the household, and then we can ensure that they are voting. I hope that that will be very much part of the system in future.
Order. Just before the Minister responds, may I very gently remind him—I am sure he is bearing this in mind—that a very large number of Members want to speak in this debate? I am already going to reduce their time limit to eight minutes, so I hope that he may be reaching the point of being about to conclude.
I think, Madam Deputy Speaker, that is your rather clever way of telling me not to take so many interventions and not to be quite so generous to colleagues, so I will listen to you very carefully and move on. However, I confirm to my hon. Friend the Member for Beckenham (Bob Stewart) that we will continue to use the household registration form.
I wish to give an example of how I believe we can improve things. On my visit to Northern Ireland, I visited Grosvenor grammar school in the Belfast East constituency and met the excellent head teacher, Mr McLoughlin, together with the head of the Electoral Office for Northern Ireland. I had a look at one of the outreach exercises there, in which people go into schools and work with 16 and 17-year-olds to get them on the register in time, so that when they turn 18 they can vote. I saw 164 16 and 17-year-olds get registered to vote. Interestingly, Northern Ireland now has a higher rate of attainers—16 and 17-year-old soon-to-be voters—being registered on its system than we do in Great Britain. The lesson of that is that if we allow electoral registration officers to be more innovative and sign up voters directly, rather than relying on the head of the household, we can do better than we do today. I hope that will reassure the hon. Member for Vale of Clwyd, notwithstanding the fact that he is not in favour of the procedure. I have already mentioned that we have said that we will change the opt-out provision.
The final point that I wish to put on the record is about the transitional arrangements for 2014-15. I have said that we will undertake a modified canvass in 2014, and I explained in response to an intervention some of the rationale behind that. I have explained why we do not want to run a full canvass and then write to everybody shortly afterwards. The clear advice that we received from administrators was that that would be confusing and not very effective, as well as coming with a very large bill.
I believe that given what I have said, and given what will be in our response to the Select Committee’s report, which Members will see in the not-too-distant future, they will be reassured about how we are addressing the issue. Today, they can do what I asked them to do at the beginning of my remarks and vote against the motion in a constructive spirit and with confidence that we are listening carefully to the concerns that have been raised.
(13 years ago)
Commons ChamberI apologise to the Minister for intervening now, but it took me some time to find the reference to his previous point about recommendation 17(c). He seems to be saying that he opposes the recommendation because it advocates a particular allowance system in six months. Actually, he seems to oppose it because it recommends that in six months
“the House should have the opportunity to consider the merits”
of the recommendation
“and to make a decision”.
Surely he is not saying that the House should be denied an opportunity to consider whether this is acceptable. [Interruption.]
Order. A lot of private conversations are going on in the Chamber. It is very distracting, particularly for those who wish to take part in the debate. If people want to have private discussions, perhaps they should leave the Chamber, so that the Minister can be heard.
I am grateful to you, Madam Deputy Speaker.
If the recommendation simply stated that the House should have a general chat about the proposals, that would be one thing, but it specifically states that the House should be asked to make a decision on whether to change the system of allowances. If we have an independent system, we can write to IPSA asking for something different—for example, a different system of payments or a cost-benefit analysis. That is one thing. We could make those recommendations to IPSA, which could then consider them and, as an independent body, make a decision. If we decide, however, that the House can decide to change the system of allowances, we do not have an independent system any more. Members cannot have it both ways. I listened to the previous debates, and Members on both sides made it clear that we did not want to vote on our pay, pension or expenses. That is where we want to be and it is where we want to stay.
I shall conclude my remarks so that others can speak. [Interruption.] I have been generous and taken many interventions. The Government believe that recommendations 2, 3 and 17(c) are unacceptable. I therefore urge the House to support the amendment tabled by my hon. Friend the Member for Aberconwy, but if it does not, I urge it to vote against the motion tabled by my hon. Friend the Member for Windsor.
(13 years, 3 months ago)
Commons ChamberAs the hon. Gentleman knows, strictly speaking that is not a point of order for business today, but he has made his point on the written ministerial statement, and I am absolutely confident that Mr Speaker will have considered all the necessary matters that will involve him. The hon. Gentleman can rest assured that Mr Speaker will discharge his duties accordingly.
Further to that point of order, Madam Deputy Speaker. I will read what the hon. Gentleman has said in Hansard—I did not hear all of it, because he did not do me the courtesy of notifying me of his intention to raise a point of order. Had I heard all of it, I would have been able to respond now. I will respond at a later date.
Minister, we are grateful for your offer of help. I am sure that the House will now be able to proceed with the business before us.
(13 years, 3 months ago)
Commons ChamberOrder. This is not a private conversation. Members’ comments need to be recorded and reported in Hansard. If the hon. Member for Dunfermline and West Fife (Thomas Docherty) wants to intervene on the Minister, I am sure the Minister will give way, but comments made from a sedentary position across the Chamber are not helpful.
This arrangement would also allow time after the general election for the new Parliament to meet. It did not seem appropriate to set an aggressive timetable and force overly hasty decision making. The timetable is set out so that people can have confidence that the committee will be set up.
(13 years, 5 months ago)
Commons ChamberOrder. We are straying quite a long way from the amendment. I am sure the Minister was about to point that out.
I am grateful for your guidance, Madam Deputy Speaker. My hon. Friend’s points are probably more relevant to the next group of amendments, when we will talk about adding some specific provisions to the Bill, so he might want to raise them then. If he does so, I shall be able to address them in an orderly way.
The Opposition supported the sunset provisions in the other place, and I anticipate that they will do so again today, so I want to point out why I think they would be wrong. Effectively, the sunset provisions drive a coach and horses through the principle of the Bill. On 24 November last year, the hon. Member for Rhondda (Chris Bryant) said:
“I want to reaffirm our commitment”
—the Labour party’s commitment—
“to fixed-term Parliaments. That means we have to lay down in statute that it is for the House, not the Prime Minister, to dissolve Parliament.”—[Official Report, 24 November 2010; Vol. 519, c. 328.]
I agree, but under these sunset provisions at the end of this Parliament we would give back to the Prime Minister the power to dissolve Parliament by seeking a Dissolution from Her Majesty the Queen. I do not think that that is in accordance with what the hon. Gentleman said then.
There are a number of other useful quotes. The Labour party manifesto of last year stated that
“we will legislate for Fixed Term Parliaments…We will let the people decide how to reform our institutions and our politics: changing the voting system and electing a second chamber to replace the House of Lords.”
I do not agree with the first, but I do agree with the second.
“But we will go further, introducing fixed-term parliaments”.
Furthermore, the right hon. Member for Kirkcaldy and Cowdenbeath said that a vote for Labour was a vote for fixed-term Parliaments.
I accept that Labour did not win the election, but it seems to me that if the hon. Member for Rhondda is going to carry out the spirit of that commitment, all the people who voted Labour at the last election will expect him to vote in favour of fixed-term Parliaments. If he does not agree to disagree with their lordships, he will not be carrying out that manifesto commitment.
With this we may take Lords amendments 5 to 8.
These amendments were moved in the other place and I want the House to agree to them, but I shall take a little time to explain why. One of them is particularly significant, because it replaces clause 2 with a completely new clause 2. Hon. Members will remember from our earlier debates that clause 2 is particularly significant because it contains all the provisions for early elections, in the context either of two thirds of the House choosing to hold one or of a vote of no confidence. It is therefore worth explaining to the House what we are proposing.
Lords amendment 4 deals with the powers in the Bill for the Prime Minister to alter the date of an election in an emergency—[Interruption.]
Order. I am sorry to interrupt the Minister, but I am finding it rather difficult to hear him, because there are a lot of private conversations going on. I ask Members to listen to the Minister. The sooner we deal with this business, the sooner we can move on to the next.
I am grateful to you, Madam Deputy Speaker.
Lords amendment 4 leaves out the “earlier or” provision. When we considered the Bill originally, it contained provisions for the Prime Minister to vary the date of an election, by moving it either forward or back by two months. In our debates in the Commons, many Members identified instances in which moving the date back would make sense, such as the outbreak of foot and mouth in 2001, but no one could think of any good reasons for moving an election to an earlier date. Similar points were made in the other place and amendments were tabled to remove the provision to move an election to an earlier date. We think that that is sensible. If there were a general consensus that we needed to hold an election at an earlier date, we could of course use the provisions in clause 2 and the House could vote to enable that to happen. The power to move an election forward therefore seems unnecessary, and Lords amendment 4 deals with that.
Lords amendment 5 also deals with clause 1(5) of the Bill. The Lords Delegated Powers and Regulatory Reform Committee recommended that, when seeking to vary the date of an election under the power in clause 1(5), a Prime Minister should lay a statement before both Houses setting out the reasons for proposing the variance of the date. The Government accept that that recommendation would enhance the transparency of the exercise of that power, and the amendment would implement the Committee’s recommendation.
Lords amendment 6 is the most significant in the group. It was supported by the Government in the other place, and it was tabled following consultation with two former Speakers of this House: the noble Baroness Boothroyd and the noble Lord Martin of Springburn. It also had support from Labour Back Benchers and from Cross Benchers. It is significant because it substitutes an alternative version of clause 2, setting out the exact forms of motions of confidence and no confidence for the purposes of the Bill. The amendment retains the original architecture of the clause, and the two triggers for an early general election—namely, that the House may vote for an early Dissolution with the support of two thirds of all Members, and that a vote of no confidence may ultimately trigger and early general election.
We had much debate of an important topic at an earlier stage of the Bill and earlier today when my hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd) suggested that what we were doing was changing the constitution. It is worth reminding the House that following a vote of no confidence in a Government, there is currently a dual convention—that the Prime Minister either resigns or calls a general election. That dual convention was set out in a recent book of Professor Vernon Bogdanor, who Members who have attended these debates will remember was my tutor. On many occasions, Professor Bogdanor has been quoted against me; he and I have not always agreed. In this particular case, I am pleased to be able to quote him in support of my arguments.
My hon. Friend is simply not right. We have had this debate before. It is important because it relates to the revised clause 2, brought about by one of the Lords amendments, which refers to a 14-day period. I know that the hon. Member for Rhondda (Chris Bryant) supported it strongly when we debated it in Committee and on Report. Indeed, the Opposition supported our proposition when we voted against an amendment that I believe my hon. Friends had tabled.
Two alternatives can take place. I know this 1924 example goes back a bit, but it is one of the scenarios that can happen. Of course, that did not happen in 1979, but that was because we were at the tail-end of a Parliament, so the general election took place. If a vote of confidence were lost early in a Parliament, the situation I described could occur.
Another important issue came up here and in the other place when the rationale for clause 2 was debated. The 14-day period is not mandatory; it is the maximum period that can apply. If the Government had lost a vote of confidence and there were a general consensus that the country should move immediately to a general election, there would be nothing to stop the Government putting down a motion for an early Dissolution. A vote on it could happen and the general election could be triggered immediately. I am not sure that that argument came out strongly in the other place; that is why it is worth putting it on the record.
We listened carefully to the concerns expressed in the other place about clause 2. We also conducted meetings with the two former Speakers, as I mentioned. We listened and made the amendment. Opposition Members will be pleased that the amendment has been made. The hon. Member for Rhondda said that as we were abolishing the Prime Minister’s right to dissolve Parliament, and placing that right in the hands of Parliament, it would be better to state in the Bill, in clear language, what constitutes a motion of no confidence, so that there can be no doubt.
On a point of order, Madam Deputy Speaker. I apologise to the Minister and to you, but given the seriousness of the matter I wish to raise I must do so urgently. The Guardian newspaper has just issued a statement saying:
“The prime minister’s account of why he failed to act on the information we passed his office in February 2010 is highly misleading.”
Have you had notice of an urgent response from the Prime Minister so that he can put the matter right at the Dispatch Box?
Comments that are made outside the House are not the responsibility of the Chair. If the hon. Gentleman is suggesting that there is a question of privilege, I would advise him that he must write to the Speaker. It is not a matter for me now.
I am grateful, Madam Deputy Speaker.
The new version of clause 2 set out in the amendment spells out the exact wording of motions of no confidence, motions of confidence, and motions for an early Dissolution. Whether the conditions have been met would therefore be plain for everyone to see, and it would be clear from the Votes and Proceedings and the Journal, and the Speaker would not need to be drawn into certifying whether the motions had been passed. That was the reason why the amendment was supported by the former Speakers, the Opposition and the other place. The amendment delivers what we had originally intended—that the power to trigger an early Dissolution should lie with this House—but adds clarity and does not risk drawing the Speaker into controversy.
Amendments 7 and 8 are very important, especially for those Members who represent parts of the United Kingdom with devolved legislatures. When the Bill left this House, I told Members that we were in discussions with the parties in the Scottish Parliament and the Welsh Assembly about how to deal with the coincidence of elections in 2015. I wrote to the Presiding Officers of the Scottish Parliament and the Welsh Assembly on 17 February, and proposed that if they passed a resolution with the support of at least two thirds of their Members, ensuring that there was consensus across the parties, we would agree to legislate to move the dates of the 2015 Scottish Parliament and Welsh Assembly general elections up to one year later. The Scottish Parliament passed a unanimous motion on 3 March confirming that it wished the UK Government to bring forward a provision to defer the 2015 election to 5 May 2016, and a similar motion was passed by the Welsh Assembly on 16 March.
We have said that if the House accepts the amendments, in the longer term we will conduct a detailed assessment—this issue arose during the debate on the earlier group of amendments—of the implications of the two sets of elections coinciding at a later date. Once we have conducted that assessment, if we think that there is a case for changing the cycle of elections, we will carry out a public consultation in Scotland and Wales on whether the devolved legislatures should be subject to permanent five-year terms.
(13 years, 10 months ago)
Commons ChamberWith this it will be convenient to take Lords amendment 20 and Government amendments (a) to (e) in lieu.
The amendments concern the effect on the Isle of Wight of the Government’s proposals for votes to have more equal weight, which has been a subject of much debate both inside and outside Parliament. I know that myself, having visited the Isle of Wight at the invitation of its Member of Parliament, my hon. Friend the Member for Isle of Wight (Mr Turner), last autumn.
As we said in the earlier debates, the Government believe that the principle of one elector, one vote—or, rather, one vote, one value—is paramount. [Interruption.] I think we all agree with the first proposition. There is consensus on that. It is right that electors across the UK should have an equal say not just in their choice of local representative, but in who form the Government of the day. As I said in the previous debate, for votes to have equal weight in a single-member constituency system, constituencies must contain a broadly equal number of electors.
Although absolute equality would be right in principle if—as was said in a previous debate—we were all desiccated calculating machines, in the real world some flexibility is needed to recognise local circumstances. Exceptions compromise equality, so the Government’s view is that the number of exceptions must be very limited. [Interruption.] Calm down. The Bill presented to the House by the Government provided for only two specific exemptions from the parity rule for two Scottish island constituencies —Na h-Eileanan an Iar and Orkney and Shetland. The rationale for those exceptions was clear. They are remote island groups not readily combinable with the mainland, and legislation in practice already recognises their unique geographical circumstances.
I am sadly not able to do the maths at the Dispatch Box, but we have examined the matter, and what I have just said is borne out. I will do the maths when I sit down, or maybe inspiration will strike me, but two seats would be closer to the quota than one. That is the basis for our decision, which is very clear [Interruption.] The debate in the House of Lords supporting the amendment of the—[Interruption.]
Order. I know that hon. Members feel very strongly about this matter, but persistent heckling really is not what we expect in the Chamber. Interventions, yes, but not heckling.
The amendment that was accepted by their lordships’ House, which we accept in principle, was supported by all parties. The Cross Benchers supported it, along with every Labour peer who voted in the Division, some Liberal Democrats and some bishops. However, we believe that the Boundary Commission needs to be given clarity and certainty so that we do not end up with a confusing and challengeable boundary review.
(13 years, 10 months ago)
Commons ChamberOrder. I have let this run a little bit, but I think that we should now return to the Bill. This is not a debate about the Welsh Grand; it is a debate about the hon. Lady’s Bill, and I would like the Minister to return to that subject.
I am grateful, Madam Deputy Speaker. I detected that the House probably felt that that part of the debate had run its course.
My hon. Friend the Member for Milton Keynes South (Iain Stewart) made a powerful speech in favour of the Union, but he cautioned about the reason why we should answer the West Lothian question. He noted that in last year’s general election, the Conservative party had a majority of seats in England and that if our right hon. Friend the Prime Minister had not led in such a bold fashion to put together this coalition, an alternative might well have caused a constitutional crisis. That suggests how important it is for the Government to deal with this issue now. It is better to deal with the question and provide a possible solution, however complex that may be, in an atmosphere of relative calm rather than to solve it hurriedly in an atmosphere of crisis. I hope that all those of a Unionist inclination—probably every Member in the House today—will agree that it is better to look at these matters sensibly and implement solutions calmly rather than wait for the crisis to happen, when significant pressure might come from English voters to solve the problem, making it more difficult to resolve it calmly and sensibly.
My hon. Friend the Member for Milton Keynes South referred to the opportunity cost of doing nothing, which might ultimately put the Union at risk. He ran through a number of what he called “perfect”—perhaps better described as “tidy”—solutions, but noted that there were good reasons to believe that they would not work. He suggested—I think it was the same conclusion as that put forward by my right hon. and learned Friend the Member for Kensington—that there is no single tidy solution, but that a number of imperfect solutions could deal with the nub of the issue. I believe that a number of my hon. Friends reached the same conclusion.
My hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) also rightly drew attention to the fact that there is no simple solution. He ran through a number of solutions and noted some concerns about them, including about the solution of my right hon. and learned Friend the Member for Kensington, which my hon. Friend the Member for North East Somerset believed might face some difficult procedural problems. His key point was that people must think that any proposed solution is fair—fair to all parts of the United Kingdom. He also flagged up the potential risk of an election result in which a majority party in England was not the same as the Government at Westminster. He correctly put his finger on the fact that that would indeed constitute a risk to the Union. He argued in favour of a classic British fudge, suggesting that a party that did not have a majority in England but was in government at Westminster would need a self-denying ordinance. Perhaps some solutions could be put in place along those lines. All the issues show how complicated the problem is.
The Bill proposed by my hon. Friend the Member for West Worcestershire puts forward a number of solutions. There are two new duties on any Minister publishing legislation in draft. Clause 1 deals with the first duty, which is to
“ensure that the legal and financial effect of that legislation on each part of the United Kingdom is separately and clearly identified.”
The second duty, in clause 3, is to “make a statement” that the Bill is
“compatible with the principles of legislative territorial clarity, or”
if the Bill is not compatible with them, to make a similar statement where
“the government nonetheless wishes to proceed.”
This is my hon. Friend’s attempt, I think, to set out clearly in the Bill that the Government must make those judgments so that the Chair would not be drawn into controversy. The principles of legislative clarity are set out in clause 4, which states that
“every citizen of the United Kingdom has the right to see how proposed changes to the law will affect them”
and that hon. Members of this House
“have the right to see how proposed changes to the law will affect their constituents.”
I believe those are sensible principles, but I hope to persuade the House and my hon. Friend that her Bill is not necessarily the best way of advancing those objectives.
My hon. Friend has sensibly made the Bill apply only to draft legislation, to preserve the independence of Parliament from the courts, and to protect its exclusive cognisance. Had she attempted to set down in legislation how actual Bills were presented to the House, that might have opened up the opportunity for courts to involve themselves in our legislative procedures. She has avoided that danger, but the flipside is that her Bill will affect only draft legislation and, therefore, it will not affect every Bill brought to the House. My hon. Friend the Member for North East Somerset highlighted an alternative, non-legislative solution, which is to deal with such matters in the Standing Orders of the House. He also noted the difficulties in that approach, such as not being able to entrench the provision.
By mirroring the provisions in section 19 of the Human Rights Act, which requires Ministers to make a statement of compatibility with the convention, the requirement under clause 3 of the Bill is carefully drafted so as not to fall foul of the exclusive cognisance principle. The duty is on Ministers, rather than being a legislative requirement. The flaw is that the Bill imposes requirements on Government that are already in place and with which the Government should comply. As has been noted, the Cabinet Office’s “Guide to Making Legislation” already provides that the territorial extent and application of legislation should be set out in a statement at the beginning of the explanatory notes, in whatever form of words is appropriate to the Bill. In addition, it provides that where a Bill makes different provision for the different nations of the United Kingdom, that should be outlined in the explanatory notes, setting out the territorial extent of each part of the Bill separately if necessary.
(14 years, 1 month ago)
Commons ChamberI beg to move Government amendment 18, page 3, line 1, leave out subsection (4) and insert—
‘(4) The polls for—
(a) the referendum,
(b) the general election of members of the Northern Ireland Assembly to be held on 5 May 2011, and
(c) the Northern Ireland local elections to be held on that date,
are to be taken together.’.
With this it will be convenient to discuss the following: Government amendments 19 and 44 to 46,
Amendment 222, in schedule 7, page 212, line 36, leave out from ‘combination’ to end of line 38 and insert
‘is to be the sole responsibility of the United Kingdom Government’.
Government amendments 47 to 179 and 22 to 43.
These amendments update the combination provisions in the Bill to reflect the following draft orders, which were laid before Parliament by the Scotland and Northern Ireland Offices on 25 October: the Scottish Parliament (Elections etc.) Order 2010; the Northern Ireland Assembly (Elections) (Amendment) Order 2010; and the Local Elections (Northern Ireland) Order 2010.
The purpose of the amendments is to ensure that the combination rules in the Bill work effectively with the rules governing elections to the Scottish Parliament and the Northern Ireland Assembly, and local elections in Northern Ireland, in the event that the draft orders are approved by Parliament, as the Government hope. No amendments have been necessary in relation to the combination provisions for Wales. Although the rules governing elections to the National Assembly for Wales will be updated by the National Assembly for Wales (Representation of the People) (Amendment) Order 2010, if approved by Parliament, none of the amendments to be made by this order affects any rules relevant to combination with the referendum. This order was also laid in draft before Parliament on 25 October.
The majority of the Government amendments make technical changes to the Bill to pick up minor consequential amendments that have emerged in relation to the numbering, cross-referencing and terminology following the laying of the draft territorial orders on 25 October.
Amendments 18 and 19 are consequential on the laying of the Local Elections (Northern Ireland) Order 2010, which fixes the date for the 2011 local elections in Northern Ireland. There is no intended change in the effect of the provision; rather, the amendment brings the wording of subsection (4) more into line with that of subsections (2) and (3), which is possible now that the date of the elections has been set.
Amendments 22 to 30 and 32 to 41 are not consequential on the draft territorial orders, but are technical changes to ensure that it is clear which set of postal voting provisions applies when polls are combined in Wales and in Scotland. The provisions in schedule 4 to the Bill will not apply, because, following our amendments in Committee, the same job is now done by the combination schedules. Amendment 43 corrects an omission in schedule 4 to the Bill about the marking of postal voters lists and proxy postal voters lists in Northern Ireland.
While the majority of the amendments are minor and technical, the key exceptions are amendment 172 and amendments 177 to 178, which, for the first time in the combination provisions, set out the details of the joint issue and receipt of postal ballot papers in Northern Ireland. The chief electoral officer, with the agreement of the chief counting officer, will be able to decide to take postal ballot proceedings together in the three polls taking place in Northern Ireland. These amendments make the necessary provision for that process to work. If the chief electoral officer decides to deal separately with postal ballot paper proceedings in the three polls, the existing legislation, as amended by the two Northern Ireland Orders, will apply, largely unaffected by the Bill.
The amendments give effect to our agreed policy that when the chief electoral officers decides, with the agreement of the chief counting officer, that the issuing and receipt of postal voting ballot packs is to be combined for the referendum and the relevant elections in Northern Ireland, he can ask the relevant registration officer to produce a combined postal voters list and combined proxy postal voters list. The amendments also make clear who is entitled to be present at proceedings on the joint issue and receipt of postal ballot papers. They provide for all the ballot papers to be sent out and returned in the same envelopes, and they set out the procedure for forwarding and retaining documents related to the joint postal voting process—for example, declarations of identity, the proxy postal voters list and the postal voters list.
The postal voting amendments for Northern Ireland also include the creation of two new forms of declaration of identity that can be used for Northern Ireland Assembly and local elections, when proceedings on the issue and receipt of postal ballot papers are not combined. Equivalent forms already exist for England, Scotland and Wales.
(14 years, 2 months ago)
Commons ChamberOrder. The Minister is addressing very clearly a number of complex points, and I realise that he is looking behind him because he wants to be as helpful as possible, but we need him to face forward so that Members in all parts of the Chamber can hear his comments.
(14 years, 2 months ago)
Commons ChamberI am grateful to my hon. Friend: I had indeed omitted to talk about his amendment 61, about overseas voters. He will know that at the moment there is a 15-year time limit, to which he drew attention, for British citizens who live overseas. The Government are considering whether to bring proposals before the House in due course. Again, however, I would say to him that this Bill, on the referendum, is not the place to explore that issue. However, he is an eternal optimist, and he might not have to wait eternally before he can debate the matter in the House—perhaps in the near future. I hope that that will satisfy him and enable him, in all good conscience, not to press his amendments to a vote.
Natascha Engel, do you wish to respond to the debate?
On a point of order, Ms Primarolo. I gave a commitment on Second Reading that I and other Front Benchers would do what we could to ensure that the Committee had an opportunity either to debate or to vote on the significant issues that arose. Given the time, the Committee will wish to know that in the event of our not reaching clause 6 in today’s debate, I intend to allow it to vote, even if that is, sadly, without debate, on the lead amendment in the group selected for debate in relation to that clause, which proposes turnout thresholds for the referendum to be valid. With the permission of the Members concerned, a member of the Government will therefore move amendment 3 so that it can be put to the vote, thereby fulfilling the commitment that I made on Second Reading.
I am sure that the Minister knows that, strictly speaking, that is not a point of order. He has given a point of information to the Committee on how he intends to conduct the business this evening, and I am sure that all Members have taken note of it. I do not wish to have a debate on how the Government might handle this, and I should like to return to the debate because there is still a great deal to cover.
Clause 3 ordered to stand part of the Bill.
Schedule 2
Rules for conduct of the referendum
With this it will be convenient to discuss Government amendments 170, 269, 271 to 273, 171 to 173, 177 to 181, 306 and 161.
The amendments make minor and technical drafting changes to the Bill. Amendments 267 and 269 change the deadline for issuing the notice of poll in the rules for the conduct of the referendum from 16 to 15 days before the poll. The change is necessary to ensure that the combination provisions, which we tabled earlier today, work in the right way.
The rest of the amendments contain a series of miscellaneous minor technical amendments and corrections. I am happy to discuss them further if Members are interested in the detail. I commend them to the Committee.