All 3 Debates between Michael Tomlinson and Alex Chalk

Wed 16th Oct 2019
Fri 23rd Nov 2018
Parking (Code of Practice) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Fri 27th Apr 2018
Assaults on Emergency Workers (Offences) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons

Public Services

Debate between Michael Tomlinson and Alex Chalk
Wednesday 16th October 2019

(5 years, 1 month ago)

Commons Chamber
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Alex Chalk Portrait Alex Chalk (Cheltenham) (Con)
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It is a pleasure to follow the hon. Member for Oxford West and Abingdon (Layla Moran), but I cannot agree with what she had to say. Indeed, when I look at the positive measures in the Queen’s Speech, it is the news on schools and school funding that shines out and gives me real hope forthe future of our country and, indeed, for children in Cheltenham.

I am sure that the House can agree that education is probably the single most powerful tool to drive social mobility. That is certainly essential in Cheltenham, because there is a misapprehension about the place I represent. It may be that hon. Members take the view, perhaps after heading down to the incredibly successful Cheltenham literature festival, that it is a land of unalloyed affluence, but nothing could be further from the truth. Of the 18 wards that I represent, the income per capita in three of them is in the bottom decile not just in Gloucestershire, not just in the south-west, not just in England, but across the entire United Kingdom. This Government realise that schools and education can do the most valuable job of bridging that gap.

Michael Tomlinson Portrait Michael Tomlinson (Mid Dorset and North Poole) (Con)
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Contrary to the hon. Member for Oxford West and Abingdon (Layla Moran), does my hon. Friend welcome the fact that schools and education have been put front and centre? I can quote from the Queen’s Speech for the hon. Lady:

“My Ministers will ensure that all young people have access to an excellent education, unlocking their full potential and preparing them for the world of work.”—[Official Report, House of Lords, 14 October 2019; Vol. 800, c. 2.]

The Conservatives are putting education front and centre.

Alex Chalk Portrait Alex Chalk
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That is absolutely right because the Government did put education front and centre, and it was rather telling that the hon. Lady did not quote from the Queen’s Speech. I must also take issue with her suggestion that standards are going down when the opposite is the case. How wrong it is not to pay tribute to the fact that 160,000 more six-year-olds are on track to achieve good literacy scores than in 2012. We should be applauding that, not denigrating it. It is certainly the case in Cheltenham where, year after year, our brilliant teachers and headteachers, supported by their governors, are delivering improved literacy, numeracy, A-levels, GCSEs and so on.

The reason I am so pleased with the Queen’s Speech is that the settlement proposed within it addresses two running sores, the first of which is fair funding. Under the decades-old unfair funding formula—generated, I believe, in the 1990s—schools in Cheltenham were treated wholly unfairly compared with schools in London, Liverpool or Manchester by dint of the fact that Cheltenham sits within the rural county of Gloucestershire, and it was stipulated that we should receive less funding per pupil. The logic went, “Well, of course, these affluent rural counties simply do not have the same social problems.” Nothing could be further from the truth. Cheltenham has its fair share of social problems and challenges, and it was a completely unsustainable injustice that my constituents should have been short changed in that way.

If we strip aside the bluster, what has actually happened? In 2015, when I was elected, secondary schools in my constituency, because of the unfair funding formula to which I have referred, received a little under £4,200 per pupil. If this Queen’s Speech is passed, they will receive a minimum of £5,000 per pupil, and schools such as Pittville School and All Saints’ Academy will receive considerably more. By the way, all that comes before one adds on money for low prior attainment, English as an additional language and so on. All that is a significant improvement, and it has been difficult for people like me to listen to hon. Members—often on the Labour Benches, but not exclusively—complain about the fact that funding per pupil in their urban constituencies was due to go up from £5,500 to £5,600. We were on £4,200 in Cheltenham, and it is this Queen’s Speech and this Government that are addressing that to bring funding justice to my constituents. We should not downplay that; we should celebrate it.

The second issue that the Queen’s Speech addresses is the problem of special educational needs and disability funding. For reasons that are poorly understood, schools and teachers in my constituency have done an extraordinary job in dealing with an unexplained surge in pupil complexity. Whether it is Belmont School, which is meant to deal with moderate learning difficulties, or Bettridge School, which is meant to deal with severe learning difficulties, the truth is that they are having to address need that is far beyond that which existed only 15 years ago. Mainstream schools are having to hold on by their fingertips to children who, in the past, would have gone into special schools, because they recognise that putting those children into a different educational setting could put intolerable pressure on special schools. The schools are doing a magnificent job.

The reasons for the change, as I said, are poorly understood. Some say it has to do with family issues, and some say—this is a difficult point to make, and I do not know whether there is any truth to it—that, because of the marvels of modern medicine, some children are surviving childbirth who might not have done so in past. Thank goodness that is the case, but it is potentially having a knock-on impact. The fact is that schools in Cheltenham are dealing with it.

I finish with an anecdote. I met a teacher at a school that deals with moderate learning difficulties. He has been a teacher for some 20 years and he told me that, when he first became a teacher, the pupil-teacher ratio was in the order of 16:1. In other words there were more teachers per pupil, but that modest increase was there to address the needs that existed. Now he says it is simply impossible because of the level of complexity that exists.

The Ridge Academy in my constituency deals with children with emotional and behavioural needs, and the complexity that is now being presented requires that additional resource. What is this Queen’s Speech doing? It is increasing the funding available in Gloucestershire from £60 million to £66 million, a 10% increase. That is an enormous increase, and it means that schools in my constituency can look forward to the future with confidence and that teachers who have done such a heroic job of continuing to go to work, knowing they may face a volatile situation, can do so with the confidence of knowing there is space available in the budget for the additional resources and the additional staff to keep the children safe, and to keep the teachers safe, too.

Of course there is more to do, and of course I would like more funding and all sorts of additional things, but this Queen’s Speech sets Cheltenham schools and Gloucestershire schools on a better path. If this House truly believes in social mobility and in ensuring that people go as far as their talents will take them, we have to make sure that the most powerful lever of social mobility is properly supported. That lever is in our schools, and it is this Government who are supporting them.

Parking (Code of Practice) Bill

Debate between Michael Tomlinson and Alex Chalk
Alex Chalk Portrait Alex Chalk
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I will be getting to that point, but it is important to set the context as well.

My first example affects one of my own constituents. I was making a point about the distress that can be caused by these demands, many of which are being issued on a specious basis. I had a constituent in Cheltenham, in a road near Montpellier Terrace, who received a letter demanding that a fine be paid. However, it turned out that the company demanding the money was seeking to claim a parking ticket in respect of land that belonged to the person receiving the ticket. That was an extraordinary situation. In other words, the company had not bothered to check with the Land Registry to find out who owned the land. When I looked into it, it turned out that the parking company had been called in because of a vexatious neighbour dispute. The neighbour had called in the parking company to try to get at his own neighbour. This is a prime example of why we need a sensible system of regulation, to ensure that the system is not misused in that way.

The second example that I want to give, before turning expeditiously to the amendments that the hon. Member for Perth and North Perthshire (Pete Wishart) has mentioned, relates to my own situation. Seven years after the event, a parking company wrote to me to suggest that my car, which had long since been sold on, had been wrongly parked. I knew that this area of law was covered by contract law, and that this was way out of time in any event, even if the underlying suggestion was correct. The truth is, I could not remember, because it had happened seven years previously. However, such an episode would be upsetting for people who did not have that knowledge and who would not realise that such a demand was time-barred.

I shall now turn to the new clause and the amendments tabled by my right hon. Friend the Member for East Yorkshire (Sir Greg Knight), whom I congratulate on bringing forward this brilliant Bill. He is right to have a single point of appeal; that is enormously sensible. There is not a great deal that I want to add to that, other than to say that I hope that the clause will be flexible enough to ensure that there are sufficient resources to deal with these points. The reason I say that is that new clause 1(1) states:

“This section applies if the parking code contains guidance recommending that all parking appeals are dealt with by a single person who is independent of persons providing private parking facilities.”

All I can say is that I hope there will be more than one person, because there are likely to be a great number of appeals. I hope that it will be appropriate for the singular to include the plural. I am sure that that point will be dealt with, but there needs to be more than one person.

I also want to deal with the proposal from my hon. Friend the Member for Christchurch about the use by the Secretary of State of “his best endeavour”. I understand the logic behind his proposal, but I respectfully suggest that it is unnecessary in this case. The point has been made that there is a danger of seeing ghosts where none exists, so to speak. The wider point, however, is that, were this provision to be required, it would surely be required in every piece of legislation that this House passes. That would transfer power from this House, where hon. Members can properly hold the Executive to account for allegedly dilatory behaviour, to outside the House because, as my hon. Friend rightly acknowledges, the issue would become justiciable. We could then have a situation where a person could serve a writ suggesting that the Government had not used best endeavours to bring legislation into effect, which would cost a huge amount of time, expense and inconvenience. More importantly, this House would effectively be precluded from discussing it, because it would then be a matter under discussion by the High Court, which would be an unsatisfactory state of affairs.

Michael Tomlinson Portrait Michael Tomlinson
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As ever, my hon. Friend is using his forensic intellect to consider these matters, but is not the situation worse than that? Even if it were justiciable, the phrase “best endeavour” is simply too vague. It would be impossible to judge, as the hon. Member for Cardiff West (Kevin Brennan) pointed out in an earlier exchange, whether a Minister had or had not used best endeavour.

Alex Chalk Portrait Alex Chalk
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Absolutely right. The Court would not thank this House at all for requiring it to make that kind of assessment. One could imagine how the evidence would have to be provided on both sides. The Minister would provide timelines, and then the Court might have to consider what the Opposition had to say. How on earth would the Court be meant to make a judgment?

Assaults on Emergency Workers (Offences) Bill

Debate between Michael Tomlinson and Alex Chalk
Alex Chalk Portrait Alex Chalk
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That is why I am prepared to support the Bill. It sends an important signal that I hope police and emergency workers will welcome. It is right that such an offence should be on that person’s record. My simple note of caution is that, in my experience, the areas of injustice come from wrong charging decisions and the wrongful exercise of discretion on the doorsteps of court.

Michael Tomlinson Portrait Michael Tomlinson
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At the start of his speech my hon. Friend mentioned the disgrace of sentencing, which he said was a joke or a scandal or whatever. I want to ask about honesty in sentencing—he is coming on to that point. Can we have honesty in sentencing without having ever more inflation in the sentences that are handed down? My hon. Friend the Member for Shipley (Philip Davies) might be right in saying that we should have honesty in sentencing, but the net result need not be that people are locked up for an ever longer time. We need better communication about what happens with the examples given of a third of a sentence being knocked off and then another half. If the public understood that, they might well get behind such a measure and support it.

Alex Chalk Portrait Alex Chalk
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My hon. Friend makes a valuable point, and we must ensure credibility, understanding of, and basic confidence in the criminal justice system. My hon. Friend the Member for Shipley makes a pertinent point about what people feel if someone gets an eight-year sentence but are out in four years, and probably less. I accept that that causes concern, but it cannot seriously be suggested that we in this country are soft on imprisonment. In the United Kingdom we imprison around 95,000 people, but in Germany the figure is closer to 60,000, as it is in France. Of course there is an issue of perception, but it would be a great mistake for the message to go out from this debate that we are soft on imprisonment because nothing could be further from the truth. The UK imprisons more per capita than any other western European country.

The hon. Member for Halifax (Holly Lynch) raised a point about sexual offences, and it is appalling to think that an ambulance technician or paramedic who goes to a nightclub, for example, to try to give first-aid to somebody who has been assaulted on a dance floor, might be sexually assaulted. If she has been sexually assaulted—let us be honest, it is probably a “she”—there is an offence under section 3 of the Sexual Offences Act 2003 that has a maximum penalty of 10 years imprisonment. It would be a very curious case if I, as a prosecutor, were faced with those facts—if a defendant put his hand up an ambulance worker’s skirt in a context where she is trying to provide first aid to an individual—and the CPS then said, “Do you know, we have this new offence, so we are not going to bother with the Sexual Offences Act, section 3, which carries the maximum penalty?” There is a risk that that ambulance worker would say, “What on earth is going on here? Why are they going for the easy option?”