Nick Thomas-Symonds
Main Page: Nick Thomas-Symonds (Labour - Torfaen)Department Debates - View all Nick Thomas-Symonds's debates with the HM Treasury
(4 years, 8 months ago)
Commons ChamberI am grateful to the right hon. Gentleman for giving way. I confirm that I said in the Second Reading wind-up—I confirm it again—that with the six-monthly votes at six, 12 and 18 months, which are already in the Government amendment, it would be helpful if the Government confirmed that those votable motions are also amendable. If they are amendable, it covers the point being made by the right hon. Gentleman that part of the legislation could then be switched off, but not all of it.
I am now glad that I teased the hon. Gentleman, because it got something very useful on the record. If I may pick up on the point made by my hon. Friend the Member for Wycombe (Mr Baker), it is why I tabled amendment 6, which recognises that the Government need these new powers and that parliamentary counsel have created a 320-page Bill in what sounds like a matter of days—in truth, they did it in an astonishingly short amount of time. They have done it at a time, however, when scientific evidence is, to put it mildly, fragile and likely to change. It has changed already in the past two weeks and is likely to change again as different tests, different vaccines and so on become available. Scientific evidence will change. Economic analysis of future outcomes is unbelievably uncertain and the societal effects are completely unknown. The Bill is guaranteed to have flaws, even with the best draftsmen in the world.
Amendment 6 therefore proposes that instead of the sunset being two years, which anyway is too long, it would be one year. We invite the Government to write a new Bill in nine months. If they think the Bill is perfect in nine months, put it back again and we will put it through again, but this time, with three months for the House to consider it. Remember, the Civil Contingencies Act 2004 took a whole year to go through both Houses, so with three months we would have proper democratic approval of the process.
I agree. I think the Government have done a pretty good job so far in the face of unbelievably difficult judgments and decisions. The Americans talk about drinking from a fire hose, which is how every Minister in this Government must feel because of the information and problems arriving on their desk every day.
The right hon. Gentleman is right that there will be changes in the science and in the economics. We will also know, frankly, what worked and what did not work in the previous nine months. If we then allow Parliament three months to scrutinise it, we will get good, solid law that is well supported on both sides of the House. We will have the sort of debate we have had today, which has been one of the better debates I have heard in years because both sides are committed to the same cause.
Finally, I recommend that colleagues read the report on this Bill published at lunchtime today by the Delegated Powers and Regulatory Reform Committee of the House of Lords. That expert Committee considers our legislation and makes recommendations to the other House, and it is led by Lord Blencathra—those who have been here a long time may remember him as David Maclean, a tough, no-nonsense Security Minister at the Home Office. The Committee’s analysis is very clear and very straightforward, and it is not a libertarian fantasy. This is the conclusion, the last five lines of a five-page report:
“We anticipate that the House may well wish to press the Minister for an explanation about why the expiry date was not set at one year, thereby enabling the Government to exercise the powers needed in the immediate future while allowing a further bill to be introduced and subject to parliamentary scrutiny in slower time.”
A House of Lords Committee has arrived at exactly the same conclusion on this Bill as my amendment proposes.
I rise to speak, ostensibly, to amendments 2 to 4 and new clause 4, in my name and in the names of my hon. and right hon. Friends.
This is certainly no criticism of the Public Bill Office, which has worked extraordinarily well under huge pressure, nor of Ministers or, indeed, of officials working under tremendous pressure, but in the past hour and a half, as the Opposition spokesperson, I have been presented with 60 pages covering 61 Government amendments, and there are also 27 Opposition amendments. It is clear that I will not be able to cover every single item in my remarks, but I will try to refer—[Interruption.] Not this early in the evening, but who knows? I will try to cover the amendments thematically, referring to them when it would be helpful to the House.
Amendments 2 to 4 relate to the Bill’s emergency powers, which I will deal with first because the right hon. Member for Haltemprice and Howden (Mr Davis) mentioned them and I want to make our position absolutely clear. New clause 4 would place a duty on the Government to support the basic means of living—food, water, clothing, income and housing—by employing all available statutory and prerogative powers.
Those two themes may be separate on the amendment paper, but they go hand in hand. The public health emergency and the restrictions on freedom must be accompanied by the strongest possible financial measures to ensure people still have the means to get by. I make it clear that I do not intend to divide the House on any of these amendments this evening, but I hope the Government will listen to my points.
The second world war emergency legislation required renewal every year, and the emergency coronavirus legislation in Ireland is subject to six-monthly renewal. We need safeguards. Often, the issue with this type of legislation, which is understandably done in haste, is not so much the intended consequences as the unintended consequences. That is important because there are vulnerable people across our society whose lives are going to change and who will need protection.
The Bill is subject to the European convention on human rights and does not exclude judicial review; there is no ouster clause in it. These are very important safeguards, and we need more. I welcome the Government’s concession on six-monthly review. I have listened carefully to a number of speeches, and I, like many others, would like it to have been even more frequent, but I accept that that is a reasonable compromise. There are some issues on which I would like reassurance from the Minister, though. First, it is clear that that is subject to a vote in both Houses, but the point made by the right hon. Member for Haltemprice and Howden is crucial: if it is simply an unamendable motion, the House is left with the choice of take it or leave it on everything. It could be that we think four fifths of the Bill is achieving its intended purpose and one fifth is not, but we would have to keep everything operational. If the Minister can confirm that the motion will be amendable, so we can make clear which bits we want to switch off, that would make a significant difference. Even if she gave that as a verbal assurance, it would be a step forward that might increase the degree of consensus across the House. I am not saying that everyone would be satisfied, but it would help us to move forward on the basis of consensus.
As I read the Government amendment, there is a carve-out in relation to devolved matters. Will the Minister make the position clear? If this House switched off powers, would they be automatically switched off for the devolved institutions; or if a power was switched on by the devolved institutions, would they then have the power to switch it off when they saw fit? In those parts of England without formal regional devolution, would it be it switched off automatically for those areas?
More widely, we have to ensure that the measures are temporary and that hard-won rights are not lost forever. In that respect, I want to focus on a number of groups in our society. First, amendments 68 to 71 deal with children with special educational needs and disabilities. I would like more reassurance from the Government. The Bill clearly removes disabled people’s rights to social care and support, and the duty to meet children’s educational requirements is changed to a reasonable endeavours duty. Many hon. and right hon. Members will have received expressions of concern about that. I thank the all-party group on this for raising it over the weekend.
Of course there is a need for flexibility. There will be a need to redeploy staff, and we all understand that, but reassurance is necessary. If we are removing the rights in the Children and Families Act 2014, for example, could consideration be given to the proposal in the amendments to change “reasonable endeavours” to “all practical steps” to ensure that our duty to some of our most vulnerable and youngest people is met?
There is also deep concern in the care sector, to which amendments 57 to 63 and new clause 29 apply. Most statutory duties relating to social care are being suspended under schedule 11. Local authorities will only have to provide services deemed necessary to prevent breaches of people’s human rights. That is clearly not the vision of social care that anyone in this House had in mind when the Care Act 2014 was passed. Of course, the Bill does not prevent local authorities from providing higher levels of care, but there is no longer any duty to carry out assessments or involve user input in care delivery, and local authorities will no longer have to assess the needs of carers. Those are sweeping changes that may reduce the level of support. Will the Government make it clear that they still expect care to be provided to the highest level possible in the circumstances, and that some sort of green light to cut back to the minimum is not provided for in the Bill? There are wider impacts. There are doctors, nurses, NHS staff and key workers who rely on social care for their family members. That new legal minimum level of support cannot become a default. We cannot have care packages automatically cut back to the minimum, and care levels should never be reduced too far or too fast.
So that I am certain that I have understood the point that the hon. Gentleman is making, is he saying that once the immediate crisis is over anyone who has been sectioned under that regime should immediately be subject to the existing regime?
Yes, absolutely. In fact, that should apply not just in the mental health sphere. If these are truly temporary measures, that has to apply across a range of measures.
I accept that there is going to be a lot of pressure on doctors. I understand why the provision has been introduced, so that one doctor can sign documents to commit someone under the Mental Health Act 1983. Would not a better way of doing it be to get one doctor to sign the documents then, within a period of days, have someone else review the case while countersigning the documents?
My right hon. Friend makes a useful and constructive suggestion. I am in favour of doing all that is reasonably practicable to comply with the existing duty—that is the simple position that the Government should adopt. I do not disagree with my right hon. Friend. He makes a useful suggestion, which is why I also suggest that a single doctor should sign only when absolutely necessary. Even in that case, the point that my right hon. Friend makes is useful. I am sure that the Government understand concern about the proposals, and I hope that the Minister will be able to provide us with reassurance.
Turning to the issue of law and order, I would be grateful if the Minister passed on my gratitude to the Security Minister, who has spoken to me mostly from home, where he is self-isolating, on a number of provisions in clauses 21 and 22 on the appointment of temporary judicial commissioners, changes to urgent warrants under investigative powers, and an additional measure on data retention. I understand that the biometrics commissioner supports that measure, but I hope that he can comment on and deal with those provisions in the next few days.
I also understand that action will be taken to ensure that the temporary judicial commissioners receive the appropriate training, but clearly that will have to be done on a remote basis. It is important that we maintain existing standards as far as possible.
I know that the measure on data retention is an emergency power—of course, we do not want data on people who may wish to do us harm simply to disappear because somebody was not available to carry out the national security determination—but we must say, as the right hon. Member for Sutton Coldfield (Mr Mitchell) did in relation to the last point, that this can only be a temporary measure. We must return to the existing deadlines as soon as we can.
Courts and tribunals are covered in clauses 51 to 55. Clearly we must look to live links and audio technology, but we must try to secure justice in each and every case. We cannot allow any court user to be in danger of being transmitted the coronavirus. The Lord Chief Justice has said today that there will be no new jury trials, but clearly some jury trials—including some very long-term ones—are still ongoing. Every step must be taken to ensure that social distancing is imposed by the judges in those courts.
Although all Members agree on following advice about self-isolation, in cases of domestic violence self-isolation can create a situation that is favourable to abusers. Therefore, where our courts are functioning, dealing with domestic violence must remain a priority.
It is interesting to note that in Spain, where this issue has been considered, the Government are running a scheme where if an individual goes into a pharmacy and asks for a “mask 19”—that is the code Spain has used—they are then referred to a domestic violence unit for assistance. I was wondering whether our Government had thought of a similar idea.
This debate has been carried out in a constructive spirit and I hope that the Government listen to all suggestions, but this issue is a real concern. If this emergency lasts—which I am afraid it is going to—and people are put in situations where they are close to their abusers, we must still have some sort of safeguards in place, particularly in our courts system.
Our prisons cannot become laboratories for transmission, and neither can our immigration detention centres—a point that I hope the Paymaster General will pass on to the Home Secretary.
The issue of burial has clearly caused great controversy. I know that the Paymaster General is one of the people who have come up with the final version on this matter, and I thank her for the efforts that she has made. This issue is clearly vital for Muslims and those of the Jewish faith. Clearly, they need to be in a position where we respect their rights about burial as far as we possibly can. The wording of Government amendment 52 is now much stronger, and I welcome that, but the Government could also communicate with local authorities as to how they want that measure to be interpreted in the days and weeks ahead.
Members have said that a 100% guarantee that nobody will be cremated against their wishes would be very welcome. Does my hon. Friend agree?
Yes, and I congratulate my hon. Friend on the work that she has been doing on this matter in recent days; it has been most welcome. I am pleased that the Minister has listened to that campaigning work, and I hope that we will be able to get reassurance on that point.
On restricting freedoms—and there are, quite frankly, draconian restrictions of freedom in this Bill including in relation to mass gatherings, the closure of ports and borders, and detention powers over potentially infectious people, which I read as applying to children and adults—the Government must do only what is necessary and proportionate. We must also be wary of restricting the right to protest.
I was trying to avoid doing this, but while the hon. Gentleman has been on his feet, it seems that the Prime Minister has heard the call of the Opposition Front Bench earlier. It is widely reported online that the Prime Minister has announced that people can now only go out to shop for basic necessities; to exercise once a day; for any medical need; to provide care; and to travel to and from, and do, essential work. I think that we are now substantially constrained, and that may help the hon. Gentleman as he makes his speech.
I am always grateful for updates on the rolling news, so I am grateful to the hon. Gentleman. This must be a rare example of a shadow Minister having called for something at the start of a debate and its having appeared before we have finished the debate. The Prime Minister is responsive on that if nothing else.
Even in this situation, proportionality and necessity still apply. It is clear that powers to detain potentially infectious people, including children in isolation facilities, will have to be implemented in a sensitive way. It is necessary to postpone elections, as set out in clause 57, but we still have to do all we can to maintain our democracy. I welcomed the Speaker’s statement setting out any moves we can make to vote in a different way and to operate in a far more digital and remote way than has been the case in the past.
Let me turn to new clause 4 and the issues it raises. Quite simply, if we are to ask people to sacrifice their freedom by staying at home and subjecting themselves to the measures set out by the hon. Member for Wycombe (Mr Baker), their basic means of living must be catered for as well. There are some specific measures in the Bill, but I commend to the Minister amendments 74 to 78, on lowering the threshold for eligibility for statutory sick pay, and new clauses 32 to 34, on the extension of statutory sick pay to the self-employed and its uprating.
Before I move on to some of the other economic measures, particularly in the Government’s new amendment, let me refer to new clause 35. A number of right hon. and hon. Members from all parties have raised the issue of access to personal protective equipment. New clause 35 sets out the importance of that to the Opposition by defining it as part of the Minister’s role to make sure that that equipment is provided to everybody who needs it. That is the imperative that the Opposition put on that, and I hope the Government will do all they can to ensure that not one person in this country does not have the personal protective equipment that they need to keep us all safe.
To carry on in the context of rolling news referred to by my hon. Friend the Member for Wycombe (Mr Baker), one thing that we need to provide is good healthcare. The new NICE guidelines have just been published. The new guideline on critical care states that all patients with confirmed covid-19 must be assessed on the basis of “frailty” when healthcare professionals are making decisions about whether to admit a patient in need to critical care. That is being interpreted by a large number of mental health organisations as potentially excluding people with learning disability and so on. Will the hon. Gentleman make the point, on behalf of the Opposition, that we need equality of access to healthcare, as well as equality of access to all the things he has talked about?
I certainly would not disagree with the right hon. Gentleman on equality of access to healthcare—he is absolutely right about that. I am getting worried about how many points I have agreed with him on in this debate, but I certainly agree with him on that.
The point that has just been made is critical. I give my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) an absolute reassurance: the Government have an advisory committee and ethics committees, but these judgments are made by healthcare professionals, and they make these types of judgments in the course of their work. The period that we are entering is obviously going to be extremely intense, but someone having a learning disability would not be a criterion that they would look at. I know that from the pandemic exercise that my hon. Friend the Member for Winchester (Steve Brine) mentioned earlier. I have had experience of that and can absolutely assure my right hon. Friend of that point.
On that point, I should emphasise that equality of access to healthcare must surely apply to our excellent healthcare workers. Some concerns have been raised with me that healthcare workers are receiving advice from their national health service trusts that is different from that given to ordinary working people, particularly when it comes to isolation when there are symptoms at home. As one person put it to me, the applause and support for healthcare workers is all very well, but they also want to know that their health and wellbeing is considered to be just as important as everybody else’s, if not more so.
It is just as important, and I am grateful to my hon. Friend for that intervention.
Government new clause 16 increases the top threshold for the level of assistance that can be given to industry for the purpose of the economic crisis, and I welcome the proposed change. The Government must do what they can to prevent an economic disaster. However, I would also ask that the Government structure financial assistance to ensure that the Government bail-out supports the workforce, the sustainability of the company and the wider national interest. Perhaps the Minister can confirm, now or subsequently, that the Government will attach restrictions in areas such as staff retention, dividend buy-outs, share buy-backs and executive remuneration for any company receiving financial assistance, and whether the Government will seek equity stakes in those companies that receive significant assistance.
There is also the issue of renters, in respect of which the Government have tabled a new clause, and there is real concern about this. It was raised by my hon. Friend the Member for Croydon Central (Sarah Jones) on Second Reading. There is a concern about the Prime Minister and his promises to the country’s 20 million renters to protect them from evictions, because this does not seem to be an evictions ban, which is what the Opposition have argued for, and we understood was promised by the Prime Minister. The legislation does not seem to stop people losing their home as a result of coronavirus; it would just give them some extra time to pack their bags. In a sense, that makes us wonder why the Government are not willing to make a very simple change. I understand that my right hon. Friend the Member for Wentworth and Dearne (John Healey) wrote to Ministers to give them the legislation that would provide the protections, banning evictions and suspending rental payments beyond the crisis. There is already welcome help for homeowners, and I hope the Government will look again at their promises to renters. We do not need this public health emergency to become a crisis of housing and homelessness as well.
As the Government disturb people’s way of life, they must also sustain everyday existence, and people are anxious about sustaining themselves through this difficult time. There are millions of self-employed people not covered in the way they should be by the measures set out by the Chancellor, as a number of colleagues on both sides of the House have raised.
I am grateful to my hon. Friend for raising the challenges faced by the 4.7 million self-employed people, as quoted by the Federation of Small Businesses. I was sent a screenshot of a claim being made by somebody self-employed this afternoon, and it said that there were 33,383 people ahead of them in the queue to use the claim section of the website. I am sure he will agree that that is a very worrying sign of the ability of the system to cope—
Order. I appreciate the hon. Gentleman is making a very important point, and every Member of Parliament has received similar emails from their constituents to the one that he has just described. I am very concerned that we have only an hour and a bit to go—[Interruption.] No, I make no criticism of the hon. Gentleman: it is very important in emergency legislation that the official Opposition have a full say in what happens at this point of the Bill, but I implore Members to move a little bit faster. If everybody makes short points, we will get all those points in, which we must do.
I say to my hon. Friend that he is right. One of the issues about making announcements is that people actually have to be able to access what they are being offered.
I have already set out that statutory sick pay is too low at £94.25 a week. Amendments regarding that have been tabled, as well as on people who do not qualify for it, and I urge the Government to look at that again. We must also speak of the businesses laying off workers and not applying for the 80% coverage of wages, which is what they should be doing. There are people who have lost their jobs, and who need help fast. It is a concern that the 80% wages support applies in the April payroll, not the March payroll, and what that will mean is that money will not be available until the end of next month. I appreciate the scale of this and I appreciate that Treasury officials have done a lot of work on it, but as the days pass more and more people are losing their jobs. Every day matters in bringing that help forward.
I have already spoken about renters and mentioned help for homeowners. On businesses, I say to the Government that grants are better than loans. We do not want to build up a stack of debt, and where the Government are relying upon the universal credit system, they must look at the fundamental structural problems in the system and at the five-week waits. Surely we cannot continue with face-to-face assessments in the next few months, with the scale of this crisis.
I hear what the hon. Member for Wycombe says, but this has to operate on the ground, and we are all hearing various stories of what is happening in the universal credit system. It may well be what the Government intend, but that has to be implemented right across the country.
The Government must stand beside each and every person to get through this. We of course support the principle of doing whatever it takes, but that has to mean whatever it takes for each and every person. Let me say a word about the food supply—this is in clauses 23 to 27—and the power to require information. The Government require a strategic approach to the profiteering and unnecessary stockpiling—all of it. We have to ask people to think of others in what they are doing, but I also say to the Minister that the Government may well need a more strategic approach on that.
I will be brief. In all emergencies, there is profiteering, and in countries such as the United States, where it has been prevalent for a long time, two thirds of states have legislation in place to stop profiteering. We need it here now because it is hitting the poorest communities hardest now.
My right hon. Friend is absolutely right that profiteering is affecting people now. We have heard some examples from across the House and, clearly, that issue needs to be seriously considered.
I turn now to what all this means taken together—I will draw my remarks to a close, Dame Eleanor, because I know that you wish other people to come in. This is an unprecedented change in the relationship between Government and Parliament, and Government and people. First, I say to the Minister that the imperative is to protect everyone and support them in this time of peril. We ask people to make sacrifices and we must support them, too. Secondly, the need for safeguards in this legislation is paramount. I hope that the Minister will look in particular at the suggestion that I made on the six-month review and that being amendable.
We are not seeking to divide the House, but we hope very much that the Government will heed what has been said, and we, of course, reserve the right to pursue these matters further in the other place.
If everyone takes around three to four minutes, they will all get a chance to come in.
Can the Minister confirm that the votes in Parliament on a six-monthly basis that are already in the Act will be on an amendable motion?
The hon. Gentleman might wish to say that some of the provisions cannot be applied. We do not wish to do that. The whole purpose of the Bill is that the bulk of the powers—apart from ones that are live at Royal Assent—are at the direction of either the devolved nations or the UK Government, to respond to a very dynamic situation. We do not wish to call on these powers. We only wish to use them in extreme cases. There are several that we think we will never use, particularly on food supply and so forth, but we need to allow that flexibility in what will be an incredibly unpredictable situation. The safeguards we have put in place will allow us to have that flexibility.
I am going to make progress, but I thank all Members who have spoken to me over the past few days, in particular my hon. Friend the Member for Wealden, who has also been very helpful to me and Public Health England with regard to additional things we may need to do with funeral services.
The Government have tabled a number of other new clauses and amendments. New clause 16 relates to the industrial development cap. New clause 20 removes existing requirements for local authorities and councils to hold annual meetings. New clause 24 touches on issues that the hon. Member for Croydon Central (Sarah Jones) raised earlier in respect of suspending new evictions from social or private rented accommodation. What I said in my previous remarks about that applies. Amendment 27 will indemnify returning officers for the cancellation of polls. Amendments 79 to 82 relate to the use of video in extradition hearings. Amendments 55 and 56, on trading standards enforcement, relate to the enforcement of provisions on gatherings, events and premises. They widen the scope of those who can be given powers and bring proceedings for offences.
New clause 23 is concerned with biometrics, which are a critical tool used daily in support of our national security. The new clause establishes a time-limited power to enable the Home Secretary to make regulations, after consulting the independent Biometrics Commissioner, to extend the statutory retention deadlines for biometrics already held by the police and for national security reasons by up to six months.
On the issue of data, I understand that the Biometrics Commissioner will publish his assessment of the Government’s proposal very soon. Does that remain the case?
I will certainly let the hon. Gentleman know. As he will appreciate, I am covering several Departments. I would not want to mislead him, but I will find out the timetable for the commissioner to publish the report.
New schedule 2, on medical practitioners in Wales, will enable any practitioners who are registered by the GMC on a temporary basis to start providing health services immediately to a local health board. This is another example of levelling the law up, in this case to the position in England and Northern Ireland, where that is already in place. There are also amendments regarding the mental health review tribunal arrangements for Wales, again bringing them in line with the situation in England and Scotland, and emergency registration fees for doctors, to enable any professionals to be registered under the emergency powers, with the understanding that once the emergency period has passed, their temporary registration status will come to an end.
I am happy to answer any questions that hon. Members have as the debate goes on. As my right hon. Friend the Secretary of State for Health and Social Care has outlined, the Bill contains vital measures to support citizens, protect our workforce and achieve our goals in beating this dreadful disease. I thank hon. Members for their constructive comments and their attendance today.
Clearly, the Prime Minister made his announcement in the course of my speech, but just before the Minister winds up, I have a specific query about whether separated and divorced parents who co-parent can still transport their children between homes. Is that essential travel? I appreciate that the Minister might not know that off the top of the head now, but will she undertake to at least provide clarity on that point from the Prime Minister’s announcement?
The hon. Gentleman’s comments will have been heard, and I am sure that point will be clarified, but in all this, whether it is about key workers or new policy of this ilk that has been announced, the objective is to keep as many people at home as possible, including children. That principle would underlie any policy on what is actually essential. The bottom line, as the shadow Secretary of State outlined in his remarks, is that if we stay at home, we will be helping to save lives, protecting the NHS and fighting the virus. I commend this Bill to the House.