Overseas Electors Bill

Paul Flynn Excerpts

2nd reading: House of Commons
Friday 23rd February 2018 Commons Chamber

[Glyn Davies (Montgomeryshire) (Con)]

I beg to move, That the Bill be now read a Second time.

I wish to say at the start, as an organ donation activist for more than 25 years, how excellent I thought the first debate today was. Although I did not agree with everything that was said, I thought it showed the UK Parliament excelling and at its very best, as the Bill’s promoter told us.

My Bill is about extending the capacity of UK citizens to participate in British democracy, of which we have seen such a wonderful example today. Let me begin by setting the scene by providing what I see as the most relevant statistics. According to the Office for National Statistics, there are 4.9 million British citizens of voting age who have lived in the UK at some point in their lives but are now overseas.

[Paul Flynn (Newport West) (Lab)]

Will my hon. Friend give way?

[Glyn Davies]

I will, because he is such an honourable friend.

[Paul Flynn]

I want to thank my hon. Friend—I have been calling him that for many years now—for the support he has given to a Bill that we could be debating after this one. My appeal to him is on the basis of the powerful reasons why this House should pass the Legalisation of Cannabis (Medicinal Purposes) Bill: the absurdity of the current law and the suffering that has resulted. I know he will not speak for very long, as his speeches are always brief but potent. I ask him to encourage his fellow supporters of his Bill to allow time for the cannabis Bill to be debated.

[Glyn Davies]

I have always so admired my hon. Friend’s brass neck that I am probably going to accede to his request. I was intending to do this, so while pointing out to the Chamber why I am intending to keep my comments brief, let me say that giving him the opportunity to put his Bill forward later this afternoon is something I rather approve of.

Now then, where did I get to? I was starting off with the relevant statistics. Only an estimated 1.4 million of the 4.9 million British citizens of voting age who live overseas are eligible to vote in UK elections, because a British citizen who has lived overseas for more than 15 years is not allowed to vote in British elections. As at June 2017, only 285,000 of those 1.4 million were actually registered to vote. That is another important issue that will probably need to be addressed, but it is outside the scope of my Bill.

I thank colleagues from the Government and Opposition Benches who have contacted me in support of the Bill. I have had good advice from the hon. Member for Ilford South (Mike Gapes), who has been a big help, and my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown) has also been a great help. Several other Members have written to me to offer their support.

This debate touches on so many issues that I could speak for a long time, but there are a number of reasons why I shall not. I want to give as many Members the chance to contribute as possible and I want the debate to reach its conclusion today, if at all possible, so I shall speak probably for no more than five minutes. Of course, I also want to accede to the request that the hon. Member for Newport West (Paul Flynn) just made.

--- Later in debate ---

[Sandy Martin]

First, I remind the hon. Gentleman that, as my hon. Friend says from a sedentary position, this is a private Member’s Bill. It is not about the Labour party position. Secondly, I am not in any way seeking to remove the right to vote from people who already have it. There is a sensible cut-off point, but, as I will say later, I do not believe that extending that cut-off point ad infinitum is necessarily a sensible way forward. Thirdly, as I will also come to, not all people who have lived in this country and contributed to the economy of this country have the means or, in many cases, the right to vote.

[Paul Flynn]

I have the great pleasure of sitting on two Select Committees with my hon. Friend, and I greatly enjoy his contributions, but may I urge him to limit his contribution today in the light of the important Bill that is coming next, so that we have a chance to deal with it?

[Sandy Martin]

I hear my hon. Friend, but unfortunately I do not agree—I think that whether or not this Bill proceeds is more important than whether we get to the next Bill. I am sorry.

When someone in this country votes to elect an MP who will share their views on taxes and services in this country, and who will seek to put into practice an overarching political philosophy with which they agree, the issue is not whether any particular tax is levied on a voter or whether an individual will benefit from any particular public service. It is whether the voter lives within the jurisdiction in which those decisions on tax and spending hold sway.

When I was unemployed and in receipt of benefits, I was legitimately able to vote for a political party that sought to levy a proper level of taxation on those who earned well above the average, on the understanding that I was living within the polity affected. I held perfectly legitimate views about how wealth should be distributed within that polity, and knew it was entirely possible that I would eventually become a taxpayer myself. I have not changed my views on benefit or taxation rates now that I earn significantly more in a single year—even after taxation, national insurance, pension contributions and so on—than I received in benefits in all the time that I claimed.

I believe that I ought to be paying considerably more in taxation—[Interruption.] The hon. Member for Wyre Forest (Mark Garnier) intervenes from a sedentary position, so I will take the liberty of answering him. I did not want to make this part of my speech, because I do not want to blow my own trumpet, but I have made a conscious and public decision to donate part of my income to good causes in Ipswich, simply because I do not believe that I am paying as much tax as I ought to pay. I am sure that other hon. Members do exactly the same.

--- Later in debate ---

[Cat Smith]

Thank you, Madam Deputy Speaker. My hon. Friend’s intervention was particularly about the capacity of local elections offices. Were the Bill to be successful, the impact on local elections offices in councils up and down the country would be huge, because the process of registering an overseas elector can take around two hours. If those offices were to see a huge increase in the number of overseas electors registering at a time when local councils have had huge funding cuts, the pressure would be absolutely huge.

There was further evidence in June about how under-resourced election staff are. My hon. Friend the Member for Newcastle-under-Lyme (Paul Farrelly) described the issues on polling day as “a shambles”. Significant issues also occurred in Plymouth, with hundreds of voters unable to cast their votes in the June general election. An independent investigation found that 35,000 postal vote holders had received two polling cards—a postal vote polling card and a polling station card. In addition, 331 people who received a polling card that was issued on 5 May were removed from the register after that point.

These failings clearly illustrate that more action must be taken now to deal with the increasing challenges that returning officers face in delivering elections effectively. Those concerns have been raised on multiple occasions by the Association of Electoral Administrators, which has called on the Government for a

“full and thorough review of the funding of the delivery of electoral services…as a matter of urgency”.

Not only is that impacting on voters, but it might also be having a significant impact on the health and wellbeing of electoral administrators and the public servants who work in local elections offices. Following the 2017 general election, the Association of Electoral Administrators wrote that

“we have collectively been concerned for the health and well-being of…our members”.

As a result, the AEA contracted the Hospital and Medical Care Association to provide members with free-of-charge access to confidential counselling services. That is not an indication of healthy elections offices up and down the country.

In the context of austerity, we cannot allow the Government to dismantle our electoral system any further. The existing provision of checking registration against electoral registration officer records within 15 years is already a challenging and resource-intensive process. Some applications contain vague or incorrect previous addresses, which can cause problems in checking the register—so much so that the Association of Electoral Administrators has estimated that it takes roughly two hours to register one overseas elector. Because overseas electors fall off the register after 12 months, the vast majority of registration applications occur immediately ahead of a general election, when the pressure on electoral administrators is at its most intense.

Abolishing the 15-year rule, and therefore presumably increasing the number of British citizens overseas who can register to vote, would completely overstretch electoral administrators, who are already being pushed to the limit. In addition, the requirement to keep copies of previous revisions of registers for more than 15 years, whether in data or in paper format, will have a resource implication in the form of increased ICT server capacity or physical storage area.

In the light of those concerns—

[Paul Flynn]

On a point of order, Madam Deputy Speaker. As we appear to have passed the point at which it would have been possible to consider the next Bill, I want the House to know that there will be a public demonstration outside in which democracy will work, and we will have a debate on the cruel effects of the present law on young children and those in serious health difficulties, including a young boy who is suffering, and whose parents are suffering, in a terrible way. What has happened here today has been a filibuster organised by one party, and I am ashamed to say that I am a member of that party—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I allowed the hon. Gentleman to make a point of order about his Bill—although he knows that it was not a point of order—because I appreciated that he had a point to make, and I allowed him to make it. However, I will not take from him criticism of the Chair through the use of the word “filibuster”.

Public Administration and Constitutional Affairs Committee

Paul Flynn Excerpts

Thursday 25th January 2018 Commons Chamber

[Mr Jenkin]

I welcome my hon. Friend back to the Front Bench in her new position at the Cabinet Office, to which she brings considerable experience, including of this issue. However, I have to express my disappointment at the Government’s response. Some minor amendments were accepted, but it regards the system as the highest example of regulation and openness when it simply does not deliver the public confidence that we want. I appreciate that this is a vexed issue and that we do not want to deter people from coming into the public service for fear of being treated unfairly on the way out, but the present arrangements are inadequate. The response even refused to put more explicitly into the ministerial code words such as

“You must… take decisions in the public interest alone”

and

“You must… never allow yourself to be influenced in contracting, procurement, regulation or the provision of policy advice, by your career expectations or prospects if you leave the public service”

and

“You must not… take up any post outside the public service in businesses or [commercial] organisations operating in areas where you have been directly responsible”.

I do not understand why those things cannot be put explicitly in the ministerial code so that they are talked about and understood, which would begin to change the attitudes that unfortunately pervade many of the Ministers, special advisers and civil servants in Whitehall.

[Paul Flynn (Newport West) (Lab)]

The Government’s conduct in responding to the report reinforces the public’s view that we here are acting in our own private interests, not in the public interest. Is it not significant that a Prime Minister who did not lift a finger during his period in office in answer to pleas for reforms to jam the revolving door has now taken advantage of that period of office to take a job in China, with which he worked when in Government? Will the Chair of the Public Administration and Constitutional Affairs Committee explain to us why George Osborne did not come to the Committee to explain why he had five meetings with BlackRock, why he altered the law in its favour and why, after losing office, he took a job with them on £650,000 a year for one day’s work a week? If that is not an egregious example of the abuse of the revolving door, it is hard to see what is. We have a shameful record, and perhaps the Chair will agree that the public will rightly regard us with contempt and as unfit to police our own affairs.

Carillion

Paul Flynn Excerpts

Monday 15th January 2018 Commons Chamber

[Mr Lidington]

The Insolvency Service or the official receiver will have to look at each of the 14 pension schemes forming part of the Carillion Group and assess their solvency and that of the companies with which they are associated. The backstop in all this is that the Pension Protection Fund will guarantee that pensions now in payment will continue to be paid at 100% of their value.

[Paul Flynn (Newport West) (Lab)]

Do not the strong condemnation by both the National Audit Office and the Public Accounts Committee of the Government’s decision to do a deal with EDF, a company that is €38 billion in debt, plus the Government’s failure to see the warning signs in this case mean that the Government are earning a well-deserved reputation for financial incompetence?

[Mr Lidington]

As I said earlier, roughly one third of the Carillion contracts currently in force were awarded by this Government, and another third were awarded by Governments supported by the hon. Gentleman.

European Council

Paul Flynn Excerpts

Monday 18th December 2017 Commons Chamber

[Paul Flynn (Newport West) (Lab)]

How and when will Wales enjoy the alleged benefits of the regulatory alignment that will be enjoyed by Northern Ireland? How can it possibly work?

[The Prime Minister]

As I indicated in response to an earlier question, the reference to full alignment in the progress report is not the first option in ensuring that there is no hard border between Northern Ireland and Ireland. We believe that we can achieve that through the overall relationship between the United Kingdom and the European Union. That is what we will be working for.

European Union (Withdrawal) Bill

Paul Flynn Excerpts

Committee: 4th sitting: House of Commons
Monday 4th December 2017 Commons Chamber

[Pete Wishart]

The hon. Gentleman is, of course, absolutely right. I will address some of those issues. He is spot on that there is an imbalance in how everything is repatriated. The repatriation of the powers is the central feature that concerns us.

Devolution is an elegant solution. Devolution in this country is asymmetric, with the different Parliaments and Assemblies having different powers. The United Kingdom is a complex constitutional nation, and we have designed devolution to meet the demands of a complex, multi-nation United Kingdom. We therefore muck around with the basic premises and principles of devolution at our peril, which is why clause 11 presents such a clear danger and threat that it must be amended.

It is also important to say that Scotland did not vote to leave the European Union. Every single local authority area in Scotland voted to remain in the European Union. I now have constituents who are very concerned about the chaotic cluelessness at the heart of the negotiations and discussions about taking this country out of the European Union. The Scottish Parliament has become collateral in all those conversations and discussions. There is real concern about how our Parliament will operate and about the powers it has the right to expect and to progress with.

[Paul Flynn (Newport West) (Lab)]

Does the hon. Gentleman agree that the secret to the Government’s thinking on this Bill is in the fact that they are insisting on including a date for withdrawal from Europe but that they refuse to include a sunset clause to give us a date when the powers they are about to grab from Wales, Scotland and Northern Ireland will be repatriated?

[Pete Wishart]

That is an important point, because a sunset clause is the sort of thing we need to see. It would give confidence to the hon. Gentleman and me, rather than just naming the day that we leave the European Union—we are all familiar with that date, anyway.

It is important that we set the context for this debate. We have to see Northern Ireland in the context of devolved powers. Today, we believed we had some sort of solution to the Northern Irish question. There was an agreement. The Prime Minister of Ireland was prepared to get to his feet and say that a solution had been delivered and garnered, only for it to be knocked out of the water by a telephone conversation with Arlene Foster. That is where some of these issues about devolution have gone.

We have now heard the elegant phrase “regulatory divergence”. I had never heard of it before today, but it is fantastic and I want to hear more of it. If regulatory divergence works for Northern Ireland, I am thinking it could just about work for Scotland, given the range of powers we have in the Scottish Parliament and the legislative competence we have in a swathe of areas. So let us hear more about this regulatory divergence. I am disappointed that none of my DUP friends are in, as they could have talked a bit more to me about some of their concerns. The last thing we need in the Scottish Parliament is to be sucked into all this process, so it is incumbent on this Government to ensure that devolution continues to operate on the basic premise set out in the 1998 Act. The sooner we get reassurance that that is their view and they introduce considered amendments, we will be happier—it starts with clause 11.

I listened carefully to the hon. Member for Harwich and North Essex, and I looked at his Committee’s report, saw the witnesses he brought forward and was surprised that he referenced Nigel Smith. My Committee also looked at this issue, hearing from a variety of witnesses—the House of Lords Constitution Committee and the Scottish Parliament Committees have also looked at it—and it is hard to find anybody with expertise in constitutional politics, either on the legal frameworks or in terms of having an academic interest, who does not agree that clause 11 does not work and is in need of amendment. Of all the guests that have been before the various Committees dealing with these matters it is difficult to find someone who would support the Government’s position, and I congratulate the hon. Gentleman on doing so.

There needs to be a basic understanding that the Scottish Government have stated that if clause 11 proceeds as currently constituted, they will not be in a position to recommend a legislative consent motion. That will lead, at the very least, to a constitutional stand-off, which would be singularly unnecessary and unhelpful, and would of course get in the way of all the other issues the UK Government have to deal with in this Brexit mess. Surely the last thing they want is to get into a constitutional stand-off with the Scottish Government. I know that progress has been made and that there is not much difference on some of these things, so it would be much better if the UK Government just fixed this for goodness’ sake. They should just get it sorted if we are so close; they should accept these amendments as a way forward and we could all then get relaxed and happy about the fact that there will not be any sort of constitutional issue to do with it. The Minister needs to say that we are going to be doing that.

It is good to have a look at what has been included in this Bill, particularly in clause 11, so let us start with something that the clause does not do. We have to be clear that it does not return powers from the EU to the devolved Administrations. Instead, it returns powers within the devolved competences solely and exclusively to the UK Government and Parliament. Worse than that, it imposes new restrictions on how the Scottish Parliament can operate when it comes to these devolved competences. The Scottish Parliament and Government will take a double hit. The clause would give the UK Government power to legislate in relation to policy areas that are the responsibility of the Scottish Parliament and the Scottish Government.

There is another issue, which has not been touched on today. At the point where we leave the EU, all these powers are repatriated to the UK Government and into some form of redistributive system—we are not really clear how that would work, as that has not been stated. When we leave, the EU will of course continue to amend and legislate in these areas, and the UK Government will be legislating on behalf of the Scottish Government. So there will be a space in between, from when we leave, where there is a divergence between EU law and UK retained law, which this Government solely and exclusively fit. Not only will the UK Government have powers on retained law when we leave the EU, but they will have ongoing responsibilities, as we continue to make that journey from leaving the EU, to try to fill that gap in between.

--- Later in debate ---

[Anna McMorrin]

I thank my hon. Friend, and I completely agree. That is what I am saying in my speech—that this is an absolute power grab to the centre and away from the devolved Administrations.

[Paul Flynn]

My hon. Friend is being extremely generous in giving way.

Could we take a practical example of what will happen? The Welsh Government have wisely introduced a law on presumed consent for organ donation—it is settled, and it has saved 40 lives. The United Kingdom Government have not introduced such a law, and England has lost 400 lives. Scotland is in the process of introducing such a law, but the power it has to do that is being grabbed back here. Will that kill people in Scotland? That is an example of this legislative paralysis, which is taking away Scotland’s powers to do something that is much needed.

[Anna McMorrin]

Absolutely. I completely agree. That just shows that what we have here in a number of policy areas is a constitutional crisis emerging and the UK Government acting as the Government of England, not the Government of the UK, leading to a number of possible conflicts of interest when it comes to imposing pan-UK structures.

Secondly, it is crucial that Welsh Ministers and the Welsh Parliament are responsible for correcting and amending all areas of EU law that are devolved. Restricting involvement means taking away powers that have been devolved for 20 years and creates an inequality between the nations of the UK, as has just been described by my hon. Friend the Member for Newport West (Paul Flynn). That endangers the proper functioning of any UK single market—one of the main aims of this Bill.

We have seen the mess the Prime Minister is making of these negotiations, and we have seen the mess today. She is held to account by a small minority party—the DUP—and we have seen that this afternoon in the negotiations. A hard Brexit or no deal would seriously challenge devolution, as well as risking the Union. As a devolutionist who wants the UK to stay together, I think these issues are likely to cause the UK to begin to unravel. The UK Government must take responsibility.

Finally, the UK Government know they cannot win this. They may be able to whip their Members here in the House of Commons, but they cannot whip their Members in the Lords. Those Members are determined to expose what this Government are doing and will not let them off lightly.

Oral Answers to Questions

Paul Flynn Excerpts

Wednesday 22nd November 2017 Commons Chamber

[Damian Green]

My hon. Friend is right that we need proper co-ordination. That co-ordination role falls to the Cabinet Office, but clearly there are important areas where the Home Office has direct responsibility for operational matters, and obviously the Ministry of Defence has responsibilities in purely military terms. I am happy to reassure him that the co-ordination comes through the Cabinet Office.

[Paul Flynn (Newport West) (Lab)]

As we have just come to the conclusion that a cyber-influence was entirely invisible and beyond any mechanisms that the electoral college has to control it, and as the Prime Minister has said that there was cyber-influence in the elections and probably in the referendums, is it not time we decided that we should have no faith in those two results and that we should look for another referendum, because second thoughts are always better than first thoughts?

[Damian Green]

The hon. Gentleman raises a serious point. There is no evidence of any successful attempt to interfere with our electoral processes. Indeed, it is particularly difficult to have a cyber-attack against an electoral system that requires voters to put crosses on pieces of paper using small pencils, so that undoubtedly old-fashioned system is very effective against cyber-attack.

European Council

Paul Flynn Excerpts

Monday 23rd October 2017 Commons Chamber

[The Prime Minister]

Yes, there is hope for optimism. Obviously, we are negotiating a future partnership. One of the interesting issues is that the EU27 are themselves starting to think about their future and the nature of the relationship and arrangements they will have. We are working to negotiate that deal. As I indicated to the hon. Member for Penistone and Stocksbridge (Angela Smith), we will start those trade negotiations on the same basis of trading, which will make it easier for us, as it will not need to be as bureaucratic as it might in other circumstances.

[Paul Flynn (Newport West) (Lab)]

Given that the prestigious Organisation for Economic Co-operation and Development reported last week that the British economy would be far stronger in the future without Brexit, and given that new horrors about Brexit are revealed on an almost weekly basis, is it not right that three years after the referendum, when we are thinking of taking this step, we allow the public to have a second opinion, in the knowledge that second thoughts are always superior to first thoughts?

[The Prime Minister]

This is about more than the decision to leave the EU; it is about whether the public can trust their politicians to put in place the decision they took. Any suggestion that we say to the public, “Oh, you’d better have a second referendum because we think you got it wrong,” is out of the question. We will be leaving the EU.

UK Plans for Leaving the EU

Paul Flynn Excerpts

Monday 9th October 2017 Commons Chamber

[The Prime Minister]

My right hon. Friend makes an important point about not only our future relationship with the EU, but our future bilateral relationship with France. I can assure him that all the discussions that I have with President Macron, and that other Ministers have with their opposite numbers, are based on our not only maintaining but enhancing that bilateral relationship.

[Paul Flynn (Newport West) (Lab)]

Do the two crippling tariffs imposed by the Prime Minister’s American friends on British Bombardier jobs prove that Brexit or no deal will create a jobs hell?

[The Prime Minister]

The judgment that came out of the American Department of Commerce is a preliminary one. We await the final judgment of that Department, and the issue can then go to a trade Commissioner. We continue to work with the US and Canadian Governments, and Boeing and Bombardier, to bring about a resolution to this dispute and protect the important jobs in Northern Ireland. I understand that my right hon. Friend the Business Secretary will be making a statement on the matter tomorrow.

Northern Ireland

Paul Flynn Excerpts

Monday 26th June 2017 Commons Chamber

[Damian Green]

My right hon. Friend is right. To repeat a hugely important point, the money will go to all parts of Northern Ireland. It will benefit all communities in Northern Ireland, and that should be a significant step towards ensuring that we have a successful conclusion to these vital talks about the re-setting up of a devolved Executive, which I am sure that everyone in this House wants to see.

[Paul Flynn (Newport West) (Lab)]

Is the Minister concerned that his performance today is likely to bring crude hypocrisy into some disrepute? The Government have just lost an election. They made themselves and the country more unstable and weaker than they were before. In order again to correct problems within the Tory party, they are using this crude bribe. Is not the answer today that MPs who represent Wales and Scotland have to put our countries first, and is not the result of this that the Government are making the United Kingdom more divided than ever?

[Damian Green]

The problem with the hon. Gentleman’s analysis is his starting point that our party lost the election. No, we did not; his party lost the election—it lost its third election in a row. We all know that Labour won more seats than most of its own Members thought it would—there are people sitting on the Labour Benches who assumed that they would be out of a job now. In the spirit of non-partisanship, I welcome them back to this House but, nevertheless, the idea that the Labour party won the election is a fantasy that I think is dying out even on the wilder shores of Momentum.

Oral Answers to Questions

Paul Flynn Excerpts

Wednesday 26th April 2017 Commons Chamber

[Alun Cairns]

My hon. Friend is right to recognise that natural resources in Wales can play a significant role in the energy mix of not only Wales but the UK. We would like this type of project to succeed, but of course it needs to be value for money for the taxpayer.

[Paul Flynn (Newport West) (Lab)]

Why are the Government so reluctant to embrace Wales’s equivalent of North sea power: tidal energy, which is entirely predictable, eternal and free, and would provide a bonanza of jobs?

[Alun Cairns]

I hope that the hon. Gentleman will recognise that it was this Government’s early actions in 2015 that led to planning permission being granted for the project that he highlights. As I said, we would like this type of project to succeed, but it must be value for money. Above all, we need strong and stable leadership to provide the economic security to pay for any such project.