Children and Young Persons

Nigel Evans Excerpts

Monday 1st March 2021 Commons Chamber

[Carol Monaghan (Glasgow North West) (SNP) [V]]

The regulations relate to the Education Act 2002 and the Electronic Commerce Directive (Adoption and Children Act 2002) Regulations 2005. The Education Act 2002 relates wholly to England and Wales, and therefore does not affect devolved interests. As regards the 2005 regulations, which relate to adoption offences, the proposed statutory instrument removes the EU reciprocal arrangement. With this SI, any non-UK online service provider operating a service in Scotland would be prosecuted in accordance with the law applicable in Scotland. [Inaudible.]

[Mr Deputy Speaker (Mr Nigel Evans)]

Can you hear me Carol? I am afraid that we have lost your audio. I call Jim Shannon, and then we will go back to Carol Monaghan.

[Jim Shannon (Strangford) (DUP) [V]]

My comments on the regulations, although brief, are vital, and I look forward to the Minister’s response. I understand that the amendments to the Education Act 2002 relate to the provision in schedule 11B to that Act, which supplements section 141G with regards to publishing a matter in breach of restrictions, and on reporting alleged offences by teachers under section 141F in part 3 of the Act. Although those measures extend to England and Wales only, I seek clarity on whether steps have been taken with counterparts in the Northern Ireland Assembly, and Minister Peter Weir, to ensure that this legislation, which seeks to address failures of retained EU law to operate effectively, and other deficiencies arising from the withdrawal of the United Kingdom from the European Union, will also be remedied in Northern Ireland as a matter of urgency. What discussions have taken place with the Minister in Northern Ireland to ensure that that happens?

It is clear that these SIs may be a check box exercise of sorts for Brexit, but we must also do as we have done, seek to address failings in current legislation, and make improvements. As always, it is imperative that those changes are UK-wide, and that we are operating as closely matched as possible. The bottom line is that I wish to find out whether Northern Ireland will be subject to the same regulations, and whether discussions have taken place to ensure that we are in line. Importantly, as I always say, we are better together as the United Kingdom of Great Britain and Northern Ireland.

[Mr Deputy Speaker (Mr Nigel Evans)]

Let us see whether we can get Carol back. Carol, can we try now?

[Carol Monaghan [V]]

Thank you, Mr Deputy Speaker. I am not entirely sure how far we got, so I will start at the point I think I had reached. This SI would mean that any non-UK online service provider operating a service within Scotland would be prosecuted in accordance with the law applicable in Scotland. The result is that prosecution of activities within Scotland will be governed by the Adoption and Children Act 2002, and the Adoption and Children (Scotland) Act 2007. This issue involves devolved and reserved matters, We agree with the general policy rationale, so we will not oppose the regulations this evening, but the Scottish Government should have had their consent sought, even if they had indicated that they supported the policy principles and would likely have granted consent.

Why have the UK Government not requested that consent? In light of the lack of such a request, will the Minister confirm that the effect of the regulations in Scotland will be consigned only to the regulation of non-UK online service providers and activities in Scotland, as relates to the Adoption and Children Act 2002, and the Adoption and Children (Scotland) Act 2007?

[Mr Deputy Speaker]

I am pleased that we could get back to you, Carol. We saw and heard you loud and clear.

[Vicky Ford]

I thank everyone for their contributions to this debate. It is good to hear that the shadow Minister will not be opposing the regulations, as to do so would potentially have put children at risk. I am glad she agrees that it is better to have left the EU with a deal than without one, but I am sorry that I did not hear her put on the record her thanks to all those who negotiated right up to the deadline in order to secure a deal. I would like to put on the record my thanks to all those from both sides of the negotiations, including the EU negotiators, who worked through that holiday period to ensure that we could have as smooth an exit as possible.

The shadow Minister asked what had been done to inform people of changes to the law, so let me be extremely clear that the underlying law has not changed. What has changed is where people will be prosecuted if they breach the underlying law. That is extremely important and it should be clear to the shadow Minister, so I am surprised that her lawyers have not got that extremely important point. All that is changing is where people will be prosecuted.

The regulations do not diminish in any way the offences I have described as set out both in the Education Act 2002 and in the 2005 electronic commerce directive regulations. They do not impact in any way on the policy behind those regulations. The identity of teachers who are accused by a pupil of an offence will be protected until the point at which relevant legal proceedings have begun and children in care will continue to be kept safe and protected by our ensuring that arranging and advertising adoption can legally only be undertaken by adoption agencies.

The regulations simply fix the deficiencies of retained EU law. They will ensure the enforcement of UK laws when the offence is committed in the UK, irrespective of the country in the European economic area in which the online service providers are based. My understanding is that the devolved Administrations were consulted—I did have discussion on this—and Northern Ireland did give its consent. On the point about malpractice, that is covered only in England and Wales and there is a devolved point in this regard, but I can assure colleagues that the Administrations were contacted as part of this exercise. On that basis, I commend the regulations to the House.

Question put and agreed to.

[Mr Deputy Speaker (Mr Nigel Evans)]

We will now suspend for a short period to sanitise just the Government Dispatch Box.