Constitutional Law

Martin Whitfield Excerpts
Wednesday 10th April 2019

(5 years ago)

Commons Chamber
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Claire Perry Portrait The Minister for Energy and Clean Growth (Claire Perry)
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I beg to move,

That the draft Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2019, which was laid before this House on 4 March, be approved.

Thank you very much for the opportunity to debate this order this afternoon, Madam Deputy Speaker. The order is made in consequence of the Regulatory Reform (Scotland) Act 2014, which I shall refer to as the 2014 Act and which received Royal Assent on 19 February 2014. Some may say the matter we are debating—essentially regulatory alignment between two routes of appeal under two separate pieces of legislation—is very minor, but the provisions have come from the Scottish Government’s very welcome distinctive Better Regulation agenda, which is based on principles of requiring regulation to be transparent, accountable, proportionate, consistent and targeted. If we assent to the regulations today, we will remove a disparity that could cause delay and cost to people seeking remedies under particular Acts.

The order is made under section 104 of the Scotland Act 1998, which allows for necessary or expedient legislative provision in consequence of an Act of the Scottish Parliament. In this case, a provision is required in consequence of the aforementioned 2014 Act. I have talked about what has driven the requirement for better regulation. We have seen in all four nations a desire for better and more proportionate regulation. I think we all agree that that is required and it creates a more benign business environment for investors. In this case, which pertains to energy installations, it can deliver benefits for the environment.

The 2014 Act accelerated the procedure by which certain appeals are determined: first, appeals in respect of decisions taken on applications for consent for energy-generating station development; and, secondly, appeals against a decision to hold a public inquiry with respect to such applications for consent. If there is a challenge on those particular issues, the order will ensure that the same appeal mechanism applies whether there is a challenge against a decision of the Scottish Ministers on either an application for a marine licence or on an application for a section 36 consent for energy developments within Scottish internal waters, territorial sea and the Scottish part of the renewable energy zone—REZ. The order ensures that by making two amendments to the Electricity Act 1989 to extend a statutory appeals procedure to the Scottish part of the REZ. It does so by substituting a new definition of “relevant waters” to include those waters in the Scottish part of the REZ.

I note that a change to the definition of “relevant waters” was inserted into the 1989 Act by an earlier order in 2015, with the intention of providing for the statutory appeal. However, the change related only to renewable energy installations to be sited in Scottish internal waters and the territorial sea adjacent to Scotland, not the REZ.

Martin Whitfield Portrait Martin Whitfield (East Lothian) (Lab)
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Can the Minister confirm that the geographical location is based on where the turbine or renewable energy is located, rather than the company, the licence holder or any applicant?

Draft State Aid (EU Exit) Regulations 2019

Martin Whitfield Excerpts
Wednesday 10th April 2019

(5 years ago)

General Committees
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Kelly Tolhurst Portrait Kelly Tolhurst
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The hon. Gentleman may be referring to the commitment, made by my noble Friend in the other place, to write to the Committee. He still plans to do so. The Government’s position is that state aid is a reserved matter.

Martin Whitfield Portrait Martin Whitfield (East Lothian) (Lab)
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The Minister referred to the regulations being UK-wide and mentioned the devolved Administrations in Scotland, Wales and Northern Ireland. In the light of the Government’s contention that state aid is a reserved matter, can she share with the Committee the Scottish and Welsh Governments’ responses to the draft regulations?

Kelly Tolhurst Portrait Kelly Tolhurst
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I thank the hon. Gentleman for his intervention requesting further clarity. We consulted the devolved Administrations before laying the draft regulations. It is true that there is a lack of agreement with the devolved Administrations on whether state aid is a reserved matter. We maintain that it is. The statutory instrument will bring over EU regulations so that they work in a domestic setting. We are not proposing any changes.

The European Commission’s powers will be transferred to the CMA. That will not result in fewer powers or less involvement for the devolved Administrations. Under the domestic regulations, they will still be responsible for submitting their own state aid requirements directly to the CMA. They will not lose any powers that they have at the moment.

Martin Whitfield Portrait Martin Whitfield
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I am grateful for that clarification. It is therefore the case that, in essence, the devolved Administrations have the responsibility but not the authority, and they run the risk of having punitive damages found against them should it be decided that they are exercising state aid.

Kelly Tolhurst Portrait Kelly Tolhurst
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No, I am afraid I disagree. Currently, the devolved Administrations are responsible for aid givers, and they will potentially be aid givers. Under current EU regulations, the devolved Administrations have to notify the Commission of the giver of that aid. The SI will not change that. In a no-deal situation, the CMA will act as the notified body. There is no change. I disagree with the hon. Gentleman’s statement, but I respect his attempt to push that point and get further clarification.

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None Portrait The Chair
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I am grateful for your point of order, Mr Esterson. The documents before the Committee are the draft State Aid (EU Exit) Regulations 2019 and the accompanying explanatory memorandum. If there is Government correspondence relating to the content of those documents, that is a matter for the Minister to explain to the Committee, but it is not seminal to the draft regulations before us today.

Martin Whitfield Portrait Martin Whitfield
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Further to that point of order, Mr Hanson. I draw attention to paragraph 7.15 of the explanatory memorandum, which discusses the role of the courts. Specific reference is made to the Court of Session in Scotland as an arbiter in this matter. That seems somewhat to conflict with the answers I have received from the Minister, and it goes to the heart of this.

None Portrait The Chair
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Again, I refer the hon. Gentleman to the document before the Committee. The Minister has ownership of it, and it is for her to explain its contents. If there are queries about responsibilities or intergovernmental correspondence, it is for her to explain that to the Committee, and it is then for the Committee either to support or to reject the regulations, based on the evidence she brings forward.

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Martin Whitfield Portrait Martin Whitfield
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I wonder whether the Minister will address the exemptions. With respect to Horizon 2020, with an uncertain no-deal departure date—or, we hope, no no-deal departure—what will happen where people have submitted applications but have not heard or are in the process of appealing decisions? With respect to the specified EU projects in schedule 2, what is the position on our contribution to CERN? CERN has always stood outside the EU, but our contribution is a Government-funded payment within the EU. How would the state aid rules apply to that?

Kelly Tolhurst Portrait Kelly Tolhurst
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The draft regulations are not intended to stop any existing schemes in a no-deal situation, which is why we have the exemption list. The Treasury has been clear that all the projects that were committed to prior to EU exit will be honoured. I cannot go into detail about the specific project the hon. Gentleman mentions, because I do not have all the details to hand, but I am happy to give him further clarification on that.

I emphasise that the intention of the draft regulations, and the reason for including those projects in schedule 2, is to ensure that there are no unintended consequences of transposing the EU regulations and that state aid recipients have clarity and understand what will not be subject to state aid. I point out that in 2017, under the current state aid regime, 97% of state aid issued in the UK was pre-exempt. I commend the draft regulations to the Committee.

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Martin Whitfield Portrait Martin Whitfield
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Before my hon. Friend progresses through the explanatory memorandum, may I draw him back to the extent and territorial application of the statutory instrument? We talked earlier about the negotiations with the devolved Administrations, and the Minister said there was some concern—I apologise if I misquote her—about the quality of the discussion. Will my hon. Friend set out his understanding of how the devolved Administrations view the statutory instrument? Is he able to enlighten the Committee on that?

Bill Esterson Portrait Bill Esterson
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My hon. Friend is quite right to pursue that point further. I prepared a section of my speech on that, and I will pick up his point in detail when I reach it. I have identified some additional points from what he said earlier and the Minister’s reply.

Paragraph 6 of the explanatory memorandum covers the legislative context. It lists no fewer than 14 pieces of legislation affected by the regulations and underlines just how much of a challenge it is for the Committee to scrutinise these changes, which are vast in scale and have far-reaching consequences. The volume of legislation listed in paragraph 6.4 demonstrates why it simply is not possible for us to say whether the regulations deliver the technical changes the Minister claims are being made. It is not that she is wrong; it is that I have no way of telling whether she is right or wrong. That is an important distinction. [Interruption.] I am perfectly capable of reviewing the legislation, as the hon. Member for Burton points out. Unlike him, I do not have the legal background—

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Martin Whitfield Portrait Martin Whitfield
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It is a great pleasure to serve under your chairmanship, Mr Hanson, and to follow my hon. Friend the Member for Bassetlaw. I will take a couple of minutes to explore the situation around devolved authorities and this statutory instrument. I will focus on Scotland, from which, if I understand my hon. Friend the Member for Sefton Central correctly, there has been no formal response, but where there is great disquiet about the direction of the SI.

Bill Esterson Portrait Bill Esterson
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I have no way of knowing whether there has been a formal response, because the Government have not published anything.

Martin Whitfield Portrait Martin Whitfield
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I am grateful for that clarification. I understand the Government’s position: they say the matter is reserved, for which the authority is the “Frameworks Analysis: Breakdown of areas of EU Law that intersect with devolved competences in Scotland, Wales and Northern Ireland” from 9 March 2018; but under the devolved model in Scotland, everything not in the schedule to the devolution Act is devolved to the Scottish Parliament. Where in that schedule is the matter reserved to this place?

Evidence-based Early Years Intervention

Martin Whitfield Excerpts
Thursday 21st March 2019

(5 years, 1 month ago)

Westminster Hall
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Norman Lamb Portrait Norman Lamb
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I welcomed the fact that the Secretary of State had identified the importance of prevention, although I noted that there was not much reference to mental health in the prevention strategy, and I have raised that with him. As I understand it, he plans to publish a Green Paper on prevention sometime in the spring, although the concept of seasons is elastic in Whitehall. I welcome that, but of course it has to have substance to it. We have to think about the social determinants of ill health, on which there generally is not sufficient focus. Poverty, poor housing and so forth are also critical factors, not only in our physical health but in our mental health.

I was going to mention that the Secretary of State has identified prevention as something that he wants to prioritise. It is up to us to guide and encourage him along a route that could reap real rewards, not only for individuals but for Government, in the longer term.

The next part of the proposed national strategy would be the collection and analysis of appropriate data. We believe that can help to identify families who would benefit from early intervention, to provide insight into how well different early intervention approaches are working, to drive continual improvement and to allow local authorities to be held to account. The national strategy should identify what data should be collected and support local authorities in delivering data-driven services. If a service is based on data and its analysis, it is more likely that evidence will be applied effectively and that we will make better use of public money. If we use public money in a way that is not based on evidence, we waste it; we cannot justify that to taxpayers, for whom the amount that they are expected to pay is often a strain. They demand that money be spent effectively in government.

The strategy should make use of the growing field of implementation science—a point that we were struck by in Dr Caroline White’s evidence. She focused on not taking an off-the-peg evidence-based programme and assuming that it will work effectively, and made the point that any programme should be properly implemented by trained staff who are supervised effectively, and that data should be used to monitor performance. Those factors are critical in ensuring that a programme can be effective in its application.

Martin Whitfield Portrait Martin Whitfield (East Lothian) (Lab)
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I am grateful to the Chair of the Science and Technology Committee for giving way. He is right to make that point. In the report, we have provided vast amounts of evidence that the collection of data is important, but not the end. The final stage is taking the data and feeding the information it provides back to the individuals affected, so the systems that can and have been identified can be rolled out and attuned to the needs of the young people and families who will use them.

Norman Lamb Portrait Norman Lamb
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I thank the hon. Gentleman; it is an enormous pleasure to have him as a member of the Select Committee, when he is not tied up with High Speed 2. He is absolutely right. The point was made that when we train social workers, an understanding and an analysis of data is a terribly important part of the effectiveness of their work. We want to see a central, specialist team set up in the early intervention centre, not to impose anything, but to help local authorities to deliver the national strategy.

The strategy should shift the balance of funding from late intervention, which we know is less effective, to early intervention, which we know can be more effective. The spending review should establish how best this can be achieved. If the inter-ministerial group and the Government more generally reviewed the evidence base for early intervention and took up our call for a national strategy on these lines, it would make a massive difference to children across our country, now and in the future.

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Darren Jones Portrait Darren Jones
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The right hon. Gentleman is absolutely right. Partnership working is a phrase that we often hear in local government, and sometimes it is a bit amorphous, but that is a classic example of why it is so important. I have had cases where constituents have told me stories of when they would go to school, albeit a long time ago now, and end up being treated as if they were ill and having to sleep in the nurse’s room at the school as opposed to taking part in classes, because of the experiences they were dealing with at home. As a consequence they missed out on their education, when instead the support should have been put in place at that time to help them in the best possible way.

The involvement of Avon and Somerset police is important because we know, and the evidence shows, that for children who suffer adverse childhood experiences, especially those who suffer multiple ACEs, the outcomes associated with that cycle of harm include mental health problems and drug or alcohol misuse—criminal activity is therefore connected with that. The police have a role not only in tackling criminal activity but, as I said at the outset of my speech, in helping to deal with the causes.

Martin Whitfield Portrait Martin Whitfield
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Does my hon. Friend agree that it is not a question of simply identifying children who have suffered or are vulnerable to suffering such experiences, but that the real importance and the real financial saving is in the interventions that follow; and that the good practice that has been shown in many areas, if it were shared across the country, would prevent this from becoming a tick-box exercise by professionals that does not address the problem?

Darren Jones Portrait Darren Jones
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I agree with my hon. Friend; that was why the conference we held in Bristol was so popular—so popular, in fact, with over 400 delegates wanting to come, that they had to run the conference twice, because they could not fit everyone into the setting to do it together. More than 50 partner organisations across education, policing, probation, the voluntary sector, health, social care, public health and the Mayor’s office have signed up to our vision in Bristol.

This is also a question of political leadership, because Bristol knows that multiple ACEs lead to other factors that make for a negative environment in the communities in which we live. We know they will have an impact on problems such as knife crime and gang activity, and that they cause problems with mental health for people and therefore a lack of positive environment in the community, but also problems for economic productivity. That is why, in our “One City Plan” in Bristol, we have a clear and specific target of ensuring that children,

“grow up free of adverse childhood experiences having had the best start in life and support through their life.”

That particular strategic target for the council is linked to other targets, such as reducing knife crime and gang activity, dealing with period poverty and ensuring affordable childcare.

However, the access point is really important—returning to the comments by my hon. Friend the Member for East Lothian (Martin Whitfield). We cannot just rely on police or a school; we need a way to ensure that intervention, support or just someone being there when you need them are available. I reiterate the comments that the Chair of the Select Committee made about the lack of delivery on the health visitor programme where, as has been said, many people have no intervention or access point for much of their early years.

That is why, in Bristol, we have been able to protect all our children’s centres. The financing has clearly been cut because of austerity funding from central Government, and the services that can be made available have gone down to the bare minimum, but we have kept them all open for that reason. I pay tribute, as I have on previous occasions, to my friends the Mayor of Bristol, Marvin Rees, and the cabinet member for children and young people’s services, Councillor Helen Godwin, for ensuring that sustainability in Bristol.

In a previous debate in this place on the funding of maintained nursery schools, my hon. Friend the Member for Bristol West (Thangam Debbonaire) made a powerful point about a constituent of hers who said that she was in a domestic violence situation and the only way that she could get access to support was by taking her child to the children’s centre, because it was not seen to be going to the police or going to get intervention for the abuse she was suffering from her partner. She was taking the kids to nursery, but because the services were co-located in that environment, she was able to get support.

Nuclear Update

Martin Whitfield Excerpts
Thursday 17th January 2019

(5 years, 3 months ago)

Commons Chamber
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Greg Clark Portrait Greg Clark
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I would be delighted to do that. The Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Watford (Richard Harrington), who is responsible for the nuclear industry, and I regularly meet the representatives of the industry, including the supply chain. I emphasise that it was Hitachi’s decision to suspend the development of the project but, as the hon. Member for Stroud (Dr Drew) knows, a bit further down the road from him is Hinkley Point C, one of the most significant pieces of civil engineering being constructed in the world.

People are being trained in construction and in nuclear engineering in a way that has not happened in this country for more than a generation, giving opportunities to many suppliers. Nearly two thirds of the value of the Hinkley Point C contract goes with domestic suppliers. He knows that there is a renaissance of the suppliers of nuclear expertise, and I am happy to meet him and the companies that we regularly meet.

Martin Whitfield Portrait Martin Whitfield (East Lothian) (Lab)
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I am grateful for the speed with which this statement arrived at this House today, and I compliment the Secretary of State on that. Part of EDF’s fleet is at Torness is my constituency, and Members have pointed out the many skilled jobs involved and contributions that these workers make. Some of the answers to the problems that will come in 2030, which is, unfortunately, not too far away, lie in not only bigger issues, such as the small modular reactors that have been discussed today, but with smaller, simpler decisions. I am thinking of things such as the simplicity of being able to move apprentices around the fleet in the UK, which is impossible for EDF at the moment because of the differentiation in approach taken by the Scottish Government north of the border and the Government down here. Will the Government confirm that they will continue to work with EDF in particular—I say that on behalf of my constituency—and all suppliers to try to solve all the small problems, as well as the big ones, to facilitate a better, stronger future for the nuclear industry, which we require in order to keep the lights on in the UK?

Greg Clark Portrait Greg Clark
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I am grateful to the hon. Gentleman for such a constructive contribution. He raises an excellent point, and I would be happy to meet him and EDF to solve that problem, of which I was not aware. It seems to me that if we are to benefit from the opportunities that exist across the UK to develop skilled work and make it available to residents of all parts of the UK, we should not put obstacles in the way of that.

Fireworks: Public Sales

Martin Whitfield Excerpts
Monday 26th November 2018

(5 years, 5 months ago)

Westminster Hall
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Colleen Fletcher Portrait Colleen Fletcher (Coventry North East) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Howarth.

I have been contacted by a large number of constituents about the private use of fireworks and the effects it can have on animals, public safety and noise nuisance levels in our community. Like my hon. Friend the Member for Stroud (Dr Drew), I think when we get to speak at this point in the debate we are in great danger of repeating what other people have said. I just hope that repetition in this case will make the argument stronger.

One constituent who contacted me highlighted her utter disgust at stories of fireworks being thrown at vulnerable people, aimed at the emergency services and used to harm, torture and maim wildlife, pets and farm animals. She outlined her ardent belief that,

“people used to respect fireworks and the damage they could do and it was very rare for them to be used as weapons or to create terror in people.”

But she felt times had changed significantly and that,

“there are now more members of the public that don’t care about how their actions affect others.”

That was a common theme among the people who contacted me, as was their concern that fireworks had got louder as the appetite for bigger, louder and more shocking bangs had grown. They said that that not only created significant noise nuisance in their communities, but caused distress to the elderly and many other vulnerable people, to pets and pet owners, and of course to wildlife. They felt it was a problem that had got out of control and that the use of fireworks had stretched further and further beyond the traditional dates. One constituent said,

“It starts from October and will go on and on and on until January.”

There was near-unanimity among all those who contacted me that the private use of fireworks should be restricted to certain times during the year, such as 5 November, new year’s eve, Diwali and Chinese new year. They believed that restricting the use of fireworks to those traditional dates would mitigate the negative impact that fireworks can have on our communities and allow pet owners time to prepare and take the necessary steps to safeguard their animals’ health and wellbeing.

None of the people who contacted me are killjoys. They do not want fireworks banned altogether. They simply want restrictions on private use and for people to be encouraged to go to safe and properly organised fireworks displays on designated dates.

Martin Whitfield Portrait Martin Whitfield (East Lothian) (Lab)
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Of the 794 constituents who signed the petition in East Lothian, there is almost universal agreement among pet owners that, if they are aware of the days it is going to happen, they can take steps to protect their pets. It is the use of fireworks outwith those dates that causes so much fear and distress and so many problems for the families. Does my hon. Friend agree?

Colleen Fletcher Portrait Colleen Fletcher
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Of course; as I have said, that was one of the points that was made time and again. People sit in their houses on 5 November and other significant dates and expect to hear fireworks, but when it is out of sync, a loud bang can make me jump, let alone pets and vulnerable people. I have no personal stories about pets, I am afraid, so I will stop there, but I hope the Minister will respond to the points raised by my constituents.

Nuclear Power: Toshiba

Martin Whitfield Excerpts
Monday 12th November 2018

(5 years, 5 months ago)

Commons Chamber
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Greg Clark Portrait Greg Clark
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My hon. Friend makes an excellent point. We have established the new nuclear college to ensure that the gap in skills, to which my right hon. Friend the Member for Sevenoaks (Sir Michael Fallon) referred, can be filled. Apprentices are now being trained for the first time in new nuclear build—an important way our historical strength in new nuclear can be projected forward into the future.

Martin Whitfield Portrait Martin Whitfield (East Lothian) (Lab)
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I thank the Secretary of State. What consideration has been made of the wider impact of Toshiba’s decision on the UK nuclear industry and its supply chain? Does Toshiba’s decision put in doubt any other projects coming down the line?

Greg Clark Portrait Greg Clark
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I was very clear and Toshiba was very clear that there were particular circumstances relating to the financial difficulties of its Westinghouse subsidiary. All these projects are promoted by a particular investor. It has made a decision. It is one that I think was widely expected, given those financial difficulties, but it has no implications for any other promoter.

Oral Answers to Questions

Martin Whitfield Excerpts
Tuesday 16th October 2018

(5 years, 6 months ago)

Commons Chamber
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Lord Harrington of Watford Portrait Richard Harrington
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The hon. Gentleman should be aware that the Government have a responsibility to ensure a mixture of power sources. Nuclear has a role to play and makes a tremendous contribution to the economy, employing nearly 70,000 people, but renewables are also very important. It is all about a mix and ensuring that the country has secure green energy for the future.

Martin Whitfield Portrait Martin Whitfield (East Lothian) (Lab)
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As the Minister is aware, the Civil Nuclear Constabulary is an important element of the future of nuclear power. In December 2017, I asked about its pension arrangements, and I understand that we are still awaiting an equality impact assessment from the Minister’s Department. Will its staff have it for this Christmas?

Lord Harrington of Watford Portrait Richard Harrington
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As the hon. Gentleman may know, I like to give Christmas presents wherever possible. I have met the chief constable and representatives, and I have written to the Treasury. I cannot imagine what Santa will bring, but we are doing our best in the Department to resolve this issue.

Oral Answers to Questions

Martin Whitfield Excerpts
Tuesday 17th July 2018

(5 years, 9 months ago)

Commons Chamber
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Claire Perry Portrait Claire Perry
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That will be part of the entire review of how we bring forward the necessary investment in battery technology to support renewable energy intermittency.

Martin Whitfield Portrait Martin Whitfield (East Lothian) (Lab)
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Will the Minister confirm support for the Civil Nuclear Police Federation in its meeting this summer with his Cabinet colleagues over the proposals to reduce retirement and pension ages for armed officers from 67 to 68 down to 60 to match those of the police?

Lord Harrington of Watford Portrait Richard Harrington
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I can confirm that I have been in discussions with the CNPF. I have met the chief constable and the chairman, and I visited the civil nuclear police on site at Sellafield. I am well aware of the issue, and I am in discussions with colleagues at the Treasury and elsewhere.

Rolls-Royce Redundancies

Martin Whitfield Excerpts
Thursday 14th June 2018

(5 years, 10 months ago)

Commons Chamber
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Greg Clark Portrait Greg Clark
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Rolls-Royce has a huge role nationally, but of course it also has a particular role in the east midlands. We see that in the number of people who acquire their skills, and in many cases their inspiration to go into careers in engineering and advanced manufacturing, from the experience of having Rolls-Royce in their midst. That is one reason why we have such a close partnership with it, as I said to the right hon. Member for Derby South. We have made £150 million of joint investment with it since 2015, which shows the depth of that commitment. The reason for that is not just the importance of the company succeeding, but its galvanising effect on the rest of the UK economy.

Martin Whitfield Portrait Martin Whitfield (East Lothian) (Lab)
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Today’s devastating news will affect a lot of families, and the promise of jam tomorrow may not satisfy them. There are also reports that Rolls-Royce intends to move some operations into Europe. Will the Minister confirm what discussions he has had with Rolls-Royce to prevent these moves as a result of our departure from Europe?

Greg Clark Portrait Greg Clark
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As I said to the hon. Member for Kilmarnock and Loudoun (Alan Brown), Warren East has been clear that the proposals that have been made today have nothing to do with any Brexit discussions; they are about the efficiency of the operation. When we talk to those in the aerospace sector, as I do, we find that Rolls-Royce is prominent among them in emphasising the absolute importance of ensuring our ability to export free of tariffs and with a minimum of frictions, and that that is fundamental to the sector’s ability to be as prosperous in the future as it has been to date.

Unpaid Trial Work Periods (Prohibition) Bill

Martin Whitfield Excerpts
2nd reading: House of Commons
Friday 16th March 2018

(6 years, 1 month ago)

Commons Chamber
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Stewart Malcolm McDonald Portrait Stewart Malcolm McDonald
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I did not know that additional detail. It is shameful and it is right to call it out. It is the last time that I will be setting foot in B&M Bargains, which is a great shame because I pass it on the way to my constituency office every day. Let me say that I mean no malice to the workers of that company but instead the bosses who allow that kind of practice to go on.

Martin Whitfield Portrait Martin Whitfield (East Lothian) (Lab)
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I fully support this Bill, as I have from the outset. Does the hon. Gentleman agree that as well as the fact that this work is unpaid, there is great danger with regard to health and safety, training, other staff members, and members of the public? Unscrupulous employers are putting everybody in danger, and also damaging the reputation of the good employers who do not engage in this.

Stewart Malcolm McDonald Portrait Stewart Malcolm McDonald
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The hon. Gentleman makes a very good point. He has been a fine supporter of the Bill—a sponsor, no less. He is right. Not everyone does this, and those who do give good employers a bad name. That is why I made the point in response to the hon. Member for Stirling (Stephen Kerr) about the damage this will do in people’s minds if it is their first experience of the world of work.

I want to square up what the Bill does and why it does it. It is essentially split into two main parts. The first part amends the National Minimum Wage Act 1998. It makes it clear that where someone takes part in a trial shift—it defines what a “trial shift” is—they are to be paid at least the national minimum wage, and that the Bill applies right across the United Kingdom.

I have put in some safeguards based on the feedback I have had from members of the public, as I have been discussing. First, when a member of the public is offered a trial shift, it is to be made clear to them in writing how long it will last so that people cannot be strung along. It will also be made clear how many jobs actually exist. That should put an end to the practice of offering “ghost” shifts where no job actually exists.

Secondly, the person and the employer are to have an agreement that proper feedback is going to be received. In one case, a person—I will not identify them but it was the daughter of a prominent Scottish Labour politician —went on a trial shift in a bar, worked three or four shifts, and at the end of it the employer said to her, “We’re not taking you on—you don’t have enough experience.” They already knew that from looking at her CV at the application stage.

We have to try to empower applicants a bit, because people are feeling helpless. This is not about ending trials or the ability of an employer to test someone; it is just about ending the ability to take someone for a ride and pay them nothing.