Retained EU Law (Revocation and Reform) Bill

Debate between Michael Tomlinson and Victoria Prentis

Consideration of Lords amendments
Wednesday 24th May 2023 Commons Chamber

[The Solicitor General]

My hon. Friend the Chair of the Justice Committee makes important points, and I hope that I can reassure him on some of them in my next two paragraphs. To answer his very last point, Members’ presence here in the Chamber right now, raising the sorts of points that he has raised, is part of the scrutiny process. In my respectful submission, the further amendment to Lords amendment 1 made in the other place actually undermines legal certainty. I draw his attention to the fact that there is already a proportionate safeguard—namely, a limited preservation power—in the preferred clause.

My hon. Friend mentioned the noble Lord Hope. I agreed with at least this part of Lord Hope’s speech:

“A quick reading of the schedule suggests that many of the items listed in it are things we can well do without.”—[Official Report, House of Lords, 15 May 2023; Vol. 830, c. 19.]

In fact, a longer look confirms the position. I must therefore ask the House to return Lords amendment 1 to the other place, as amended by Government amendment (a).

I turn to Lords amendment 16 on the reporting duty, which was tabled by my noble Friend Baroness Noakes, supported by my noble Friends Lord Jackson of Peterborough, Lord Frost and Baroness Lawlor. We have of course listened to the concerns raised, and I assure the House that the Government have not moved one inch from their bold ambitions. We remain committed to securing swift and significant reform that brings tangible benefits to the UK economy.

That is why I ask the House not only to agree with the reporting amendment sent to us by the other place, but to improve it. Our amendment (b) would increase the frequency of reporting to every six months. We know that accountability to this House and the other place is the best way of ensuring that the Government keep progressing their priorities and that my right hon. Friend the Member for Wokingham (John Redwood) and others are reassured.

I am delighted to support the amendment of my hon. Friend the Member for Stone, amendment (a) to Lords amendment 16, which will ensure that the Government report to both Houses not just on reform progress, but on what retained EU law will be reformed and what will be revoked. In the spirit of the amendment, I am pleased to say that the Government have already reformed and revoked more than 1,000 pieces of retained EU law—this comes back to the point that my hon. Friend the Member for Basildon and Billericay (Mr Baron) made at the outset—including more than 450 pieces that we have repealed, replaced or let expire, and 650 more that we have amended. Again, we can follow all this thanks to my right hon. Friend the Member for North East Somerset and his dashboard.

Upon our exit from the EU, a number of Departments proactively revoked or amended regulations that contained deficiencies as a result of the UK’s exit from the EU. DEFRA has already reformed key areas of retained EU law through flagship legislation such as the Environment Act, the Agriculture Act 2020 and the Fisheries Act 2020.

[The Attorney General (Victoria Prentis)]

Hear, hear!

[The Solicitor General]

I am delighted that the Attorney General says that so loudly from a sedentary position, because she took at least some of those measures through this House. I am grateful to her for that. The revocation schedule will build on that and facilitate reform in key sectors.

This is far from the limit of the Government’s ambitions. Across Whitehall, Departments will continue to review the retained EU law not already revoked or reformed, and we are committed to reducing burdens on business and unlocking economic growth.

Rivers Authorities and Land Drainage Bill

Debate between Michael Tomlinson and Victoria Prentis

2nd reading: House of Commons
Friday 8th February 2019 Commons Chamber

[Victoria Prentis (Banbury) (Con)]

I did not think we would get on to this Bill today, but I am thrilled that we have, because I have always felt strongly about flooding. That is partly because of my paternal grandfather, who always used to say that there was no better sound than that of a well-running drain. Also, I hesitate to say this but my mother is Welsh and Wales does suffer from a certain amount of wet weather. So this runs in my veins, and I grew up to become a barrister who prosecuted water companies, and I was always very interested in the way in which we could regulate both clean raw water and the clean water in our taps. As we all know, many in this House have tried very hard to reduce the amount of plastic waste that we produce, and one way to do that is to drink tap water instead of drinking water out of plastic bottles. I was glad to see from my prosecution days that the water that runs out of our taps is of very superior quality.

I now have the honour to represent Banbury and Bicester. They are wonderful places in many ways, but it has to be said that we are quite damp locally: not as damp possibly as the constituency of my hon. Friend the Member for Somerton and Frome (David Warburton), but we do suffer from a very high water table. I met the Environment Agency last week and was very pleased to be shown the map of my constituency. I say I was very pleased, but in fact I was completely horrified because it showed the quality of raw water described in colours, with the darker the colour meaning the more worried we should be. Part of me was proud to see that the only green on the map represents a very small area very near where my family farms; part of me was pleased about that and I keep meaning to mention it to my father—perhaps I am doing to so in the Chamber this afternoon—who I know would be proud. The rest of the map was very troubling, however. Most of it was dark orange and some areas were red. The Environment Agency explained that there are reasons for that: apparently if a drainage course is altered, that in itself can lead to an area being in the red, and it does not necessarily mean the quality of the raw water is of concern. In looking at this matter, we might therefore need to consider whether the mechanisms we use to measure water quality are a little clunky; the Minister might want to address that later.

It is worrying, however, that an area that is damp—traditionally, geographically—and where the water quality really matters to us should have this problem. As Members know, we are very keen on our house building programme locally; we are keen to promote growth, but we are also keen that this should not be at the expense of the natural environment. I have asked the Environment Agency to follow up what it told me last week and I will be continuing to monitor this matter very closely.

The other reason I am particularly proud to speak this afternoon is that, following severe flooding in my area over the winter of 2015-16—some years after the floods mentioned by my hon. Friend the Member for Somerton and Frome—over £200 million was made available to help communities and businesses across the UK recover and a further £130 million was given to be spent on repairing damaged transport infrastructure. We were very interested in that scheme and responded to it.

Many of my constituents will recall the Easter of 1998 not as a time of celebration but as a time of severe devastation. Heavy rain caused a flood that closed our railway station and many roads. Approximately 125 residential and 35 commercial properties were affected, resulting in more than £12.5 million of damage. Another flood in the summer of 2007 reinforced the need for a comprehensive flood alleviation scheme in Banbury.

The geography of the valley alongside the river that runs through Banbury makes the town susceptible to flooding following heavy rain. The alleviation scheme consists of five elements: a large flood storage reservoir upstream of Banbury; a key elevated highway into the community; new earth embankments, flood walls and pile walls in strategic locations; a new pumping station; and a bio-habitat, complete with ponds, trees and hedgerows. The scheme has worked enormously well, transforming both the town and the area downstream of Banbury, where I live, which used to suffer from being flooded on purpose when Banbury was at risk.

The other thing that makes me particularly proud of the scheme is that it was funded by a combination of means, both private and public, and the model should be considered and taken up nationwide. The project was funded by the regional flood defence committee, Cherwell District Council, Thames Water and Network Rail and was brilliantly spearheaded by the Environment Agency. Prodrive, a private motorsport company, also constructed part of the defences to protect its bases on Chalker Way. The scheme is a good example of how to deal with flooding, and this Bill is a good and sensible step forward.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I can tell that my hon. Friend is about to close her speech, but she mentioned at the beginning her expertise in prosecuting in this area in her previous career as a barrister. We do not want to anticipate that things will definitely go wrong, but things inevitably do, so what does she envision for the regulatory supervision of the new rivers authorities? What advice can she give about supervision, specifically for this Bill, given her previous expertise?

[Victoria Prentis]

I would not want to step on the toes of my successors in the Government Legal Service, but I am sure that they will be studying the Bill’s provisions carefully. In my view, anything that further highlights this important area is of use to those who prosecute to ensure that our water, both drinking water, in which I used to specialise, and raw water, is clean, and it is really important that we concentrate on both types. This country has some fantastic legislative provisions to protect our very good drinking water, but raw water is also important. People walk by it, play in it, swim in it and, of course, it often becomes the water that we drink. The Bill is a good and sensible step forward, and I look forward to seeing how rivers authorities will carry out their work. I am proud to support my hon. Friend the Member for Somerton and Frome today.

Assaults on Emergency Workers (Offences) Bill

Debate between Michael Tomlinson and Victoria Prentis

3rd reading: House of Commons & Report stage: House of Commons
Friday 27th April 2018 Commons Chamber

[Michael Tomlinson]

I am grateful to the hon. Gentleman for his intervention. People who know me know that I do not want sentence inflation. In fact, I disagree fundamentally with the approach of my hon. Friend the Member for Shipley. I do not think we should be locking up ever more people, and that is where I agree fundamentally with Ministers and the hon. Member for Rhondda; I see entirely his thought process. Locking ever more people up is counterproductive. I want to see more people rehabilitated and fewer people committing crimes in the first place. That will help the very victims whom my hon. Friend the Member for Shipley passionately wants to defend.

[Victoria Prentis (Banbury) (Con)]

My hon. Friend echoes my thoughts exactly on the sentencing of prisoners. It might be helpful for him to look at the marvellous report prepared by the Justice Committee last year on the position of magistrates. I wonder whether magistrates should be given greater sentencing powers and whether we should worry less about differences between different types of court, and instead focus on what the offender has actually done.

--- Later in debate ---

[Michael Tomlinson]

My hon. Friend makes a powerful point, as she always does. I look forward to her speech.

[Victoria Prentis]

indicated dissent.

[Michael Tomlinson]

If she is not going to make a speech, I am very disappointed. I look forward to her further interventions and certainly to her further work in the area of justice, because she speaks powerfully for it and is absolutely right in this case.

There are other examples of sentences in the Crown court where there is no penalty of imprisonment, but those fall into a different category. They are generally regulatory offences—exciting offences such as Town and Country Planning Act offences and the like, which get lawyers very excited and passionate, but perhaps no one else. In my research I could find no other equivalent, so it is worth pausing and reflecting on the fact that the Bill breaks new ground in that respect. My hon. Friend the Member for Cheltenham came up with one other example of where there is a sentence of two years—he will probably dwell on that in greater length and with greater expertise than I ever could—in relation to contempt of court and the like, but again, that is slightly different.

We are breaking new ground in the Bill by having the same sentence for the magistrates court and the Crown court. However, in case anyone has not been following closely, I add that clause 1(4) clarifies that until section 154(1) of the Criminal Justice Act 2003 is brought into force, the sentence will be six months rather than 12 months in the magistrates court. I am sure that that is part of the reason for the difference in sentences.

That brings me neatly on to the point that my hon. Friend the Member for Banbury (Victoria Prentis) made and to new clause 3 and amendment 11. I welcome the opportunity to touch briefly on both. My hon. Friend the Member for Shipley and I disagree fundamentally on many things about criminal justice and the criminal justice system, but he is right to say that there should be honesty in sentencing—we probably believe that for equal and opposite reasons, to be clear. He is also right to point out that the sections of the 2003 Act that would give magistrates this sentencing power have not been commenced.

One of two things should happen. Either we in this place should say that we want magistrates courts still to have the power to give sentences of six months and no more, or we should say that it is absolutely right to extend magistrates’ sentencing powers from six months to 12 months. If that is the position—from the earlier exchange, I think that respective Governments have held that view—we should get on and do it. I know that some Members in the Chamber who have sat or currently sit on the Justice Committee have looked at that issue, and I want to hear from them in greater detail. New clause 3 is also attractive for that reason, because it draws attention once again to the fact that the law supposedly passed in 2003 is not yet on the statute book. If we think it is the right thing to do, we should get on and do it.

Oral Answers to Questions

Debate between Michael Tomlinson and Victoria Prentis

Thursday 8th March 2018 Commons Chamber

[Victoria Prentis (Banbury) (Con)]

4. What plans the Church of England has to make its buildings available for broadcasting (a) wi-fi and (b) broadband signal to improve connectivity in rural areas.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

5. What plans the Church of England has to make its buildings available for broadcasting (a) wi-fi and (b) broadband signal to improve connectivity in rural areas; and if she will make a statement.

Mental Health Units (Use of Force) Bill

Debate between Michael Tomlinson and Victoria Prentis

2nd reading: House of Commons
Friday 3rd November 2017 Commons Chamber

[Victoria Prentis]

I thank the hon. Lady for her intervention. It is very important in these cases to congratulate Members from across the House and to work together on cross-party lines to achieve the consensus needed, so we support those in our communities who need laws like this to keep them safe.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

May I add my voice to my hon. Friend’s in congratulating the promoter of the Bill on not just bringing it to the House but gathering a consensus? Does she, like me, welcome the fact that he is willing to look at constructive suggestions in Committee to ensure the Bill is in a proper and fit state?

[Victoria Prentis]

I thank my hon. Friend for his intervention. We have begun to understand and talk about mental health only very recently. As we do so, we learn both from those patients who have suffered tragedies and those who have had better experiences with law enforcement agencies. It is important that we learn and listen as the debate progresses. Issues may well come up in Committee that nobody has given a moment’s thought to. A constituent will have a story to tell and we can learn from it as we go forward.

From my own constituency casework, I know that for those at the point of crisis the use of restraint can be both humiliating and traumatising. I discussed this issue with the Causeway Carers, a great organisation comprised largely of parents and other family members of victims with very severe mental health problems. They meet in Bicester once a month. Many have first-hand experience of sectioning and restraint, which they shared with me. That was a great privilege and I do not feel able to share any of those stories with the House today. From what we have heard about Seni, we can all imagine the sort of stories that are taking place even on the high street in Bicester from time to time, often at night. They are also taking place in all our communities. They are not isolated stories, and none of us can feel that we are untouched by them.

These families are suffering enormously because they are dealing with a very ill family member, often a child, and restraint is added to that dreadful suffering that they already have to cope with. I recognise that the use of police cells in England as places of safety under the Mental Health Act 1983 is declining, and that more cases than ever are now referred to health-based places of safety, which is real progress. We should also welcome the significant reduction in the number of deaths in, or following, police custody since 20 years ago. I imagine that this reflects improved training, guidance and practices in a number of areas, most significantly in suicide prevention. My background is as a lawyer for the Prison Service, and it strikes me that this is in sharp contrast to the dramatic and worrying rise in suicide rates recorded in the last 20 years in prisons.