Succession to the Crown Bill

Paul Flynn Excerpts

Tuesday 22nd January 2013 Commons Chamber

[Sir Alan Beith]

Absolutely, and had I decided to spend more time dealing with the argument put by the hon. Member for North East Somerset (Jacob Rees-Mogg), I would have looked into other questions such the significance of first communion at the age of eight or nine, for example, and whether someone would subsequently be allowed to renounce it. Most parents would prefer that such a position was not reached, but I refer to it because it is a real problem. The hon. Member for Rhondda (Chris Bryant) raised another intriguing issue that could be the subject of an amendment to the Bill, although one that I think the Government might resist on the grounds that it would limit the powers of the sovereign in a family matter—it is a rather unique family situation. Most of us would like to have some influence over the choice of our children’s spouses, and some may feel that they have less influence than they would like, at least in the initial choice of boyfriend or girlfriend or whatever, but the royal family is in a special situation and I think it would be reasonable of the Government to resist fettering the sovereign’s ability to exercise the six-person limitation provided for in the Bill. I understand why they might want to do so.

[Paul Flynn]

In imposing this archaic rule and virtually choosing partners for people, which we would denounce in every other field, and in putting the emphasis on religion, when we know that half the population has no religion—

[The Temporary Chair (Mr Peter Bone)]

Order. I am sorry to interrupt the hon. Gentleman. I know that clauses 2 and 3 are closely linked, but we are shifting quickly into clause 3. The sooner we finish with the clause 2 stand part debate, the sooner we will get to clause 3.

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[Sir Gerald Howarth]

I am sure the day will come when such authority is conferred by the Vatican upon my hon. Friend, such is the power of his language.

My right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) made the point that the two Churches are coming together, and that Christian Churches generally are doing so. That is imperative, particularly given the rise of Islamic fundamentalism not just around the world, but in our country. The issue of succession and religion—which is what clause 2 is all about—is very significant. I welcome the fact that the Minister has put it on the record that section 3 of the Act of Settlement 1700 will remain firmly part of the law of this land. While an heir to the throne may be entitled to marry a Catholic, no one who is not in communion with the Church of England shall be sovereign of this country. It is important that that is stated, and I am grateful to the Minister. The reason I was prepared to support the additional confirmation of that by the hon. Member for North Antrim (Ian Paisley) was that one is so aware of the zeal with which the present Administration prosecute their enthusiasm for modernisation that one does not want this to be subject to any form of modernisation. It is imperative that that is clear, and it has been made clear.

I will repeat the point I made on Second Reading as I had to make it in a rather curtailed style. If the heir to the throne were to marry a Catholic, the Catholic ordinances had not changed and the children were to be brought up in the Catholic faith—the point made by my right hon. Friend the Member for Berwick-upon-Tweed—those children would face a decision on whether to be loyal to the Catholic faith or to renounce it, and subscribe to being in communion with the Church of England. Therefore, clause 2 does have consequences, and this is not a question of semantics between the Church of England and the Catholic Church.

It is important to all Christians that the sovereign remains, as every coin of the realm testifies, the defender of the faith. I wonder how many children in our schools are taught that. If we put our hands in our pockets and look at our coins, we see the two letters “FD”, which stand for fidei defensor: defender of the faith, the Christian faith. All of us, whether we are Catholic, Congregationalist, Church of England, Baptist or whatever, have a huge interest in ensuring that the Christian faith remains at the heart of this nation, for it is that faith that has formed this nation. It is that faith that has given birth to the enthusiasm for liberty that has attracted so many people of other faiths to come to this country. While the hon. Member for Foyle may find this difficult—I salute the spirit with which he promoted his case—I do not believe it right to be anything other than uncompromising. This House—this Parliament—is governed by the values of the Christian Church and faith. It is therefore imperative that we are crystal clear.

[Paul Flynn]

In the hon. Gentleman’s hyperbole about the religious nature of the country, does he recall that the majority of people describe themselves as atheists, and that the number of those who describe themselves as adherents to the Church of England is 19%? That figure is dropping and the number who describe themselves as atheist is increasing. Has he not got a rather romantic view of society, and are we not legislating for the past, not the future?

[Sir Gerald Howarth]

I think the latest figures show that 60% of the country are adherents to the Christian faith. I do not know if I have a romantic view or not, but what I do know is that this nation, which has become a magnet for people from all over the world, has been forged and fashioned by the Christian faith.

It is a matter of deep concern to me that the leadership of my Church is completely consumed by other matters—in particular, homosexuality and women bishops—at a time when this nation is crying out for spiritual leadership, so I make no apologies for stating what I have said. That is why there is more to this measure than there might appear to be on the face of it. It is also why it is important that Parliament should be able to consider clause 2 in detail—because I think it goes deep into the heart of this nation.

We are not faced with a decision today, next week or next year, because as yet there is no successor to the son of the heir to the throne. We are therefore talking about something that is a long way off. Nevertheless, it is right that Parliament should debate these matters and be absolutely clear in the laws we pass and not leave them to the courts. It is wrong for the Opposition spokesman to assert that the clause heading is clear, because I think I am right in saying that the courts do not take into account the headings of clauses. I am sorry to be a bit pedantic, but that the courts take into account solely what is in the text of the legislation.

Succession to the Crown Bill

Paul Flynn Excerpts

Tuesday 22nd January 2013 Commons Chamber

[The Deputy Prime Minister]

As a proficient historian, the hon. Gentleman will know that the original Act was passed because of George III’s urgent wish to control the marriage of some of his own children. That set a precedent which has remained on the statute book for a long period. We are retaining the right of the monarch to confer that permission, but only to those in the immediate line of succession; the hon. Gentleman is right to say that this is different from what preceded it. Having been in consultation with the royal household over a prolonged period, we feel that that strikes the right balance.

[Paul Flynn (Newport West) (Lab)]

Will the Deputy Prime Minister give way?

[The Deputy Prime Minister]

I would like to make some progress, but okay.

[Paul Flynn]

Presumably, the Deputy Prime Minister, knows that a Member of this House, who is 246th in the line of succession to the throne, was previously covered by this provision; I will check with him as to whether he asked permission to marry. We heard recently that certain Bills have been blocked in this House, including Tam Dalyell’s 1999 Bill about giving the House, rather than the monarchy, the decision on whether to declare war. We have been told that the monarchy, under instructions from Prime Ministers, has acted to make such changes. Was the royal family involved in producing the figure of six?

[The Deputy Prime Minister]

As I said, I accept that there is a certain arbitrariness about the figure of six; it could be seven or five. The principle to limit the powers of the monarch to grant permission to marry to those who are in the immediate line of succession seemed to us to be the right balance to strike, but I accept that perfectly valid arguments of principle could be made otherwise. It is, however, a very dramatic change—pragmatic, but dramatic none the less—from the precedent that has been set from the days of George III.

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[Wayne David]

That is an interesting point, and I am sure there was a very good reason, but I do not think it is germane to our discussion today.

There has been extensive consultation on the Bill, and I note the consent of the Queen, as expressed by the Deputy Prime Minister at the start of the debate.

There is a third measure in the Bill that needs to be commented on. Although the Prime Minister did not refer to it in his statement to the Commonwealth Heads of Government meeting in Perth on 28 October 2011, it was referred to in his invitation to the Heads of Government of the Commonwealth, and the Government have recognised the need for the change. I refer to the requirement for all the descendants of George II to seek permission from the monarch to marry. In place of that, the Bill proposes a more limited requirement for the monarch to agree to the marriages of a specific number of individuals in the line of succession. That is surely a sensible proposal.

[Paul Flynn]

Does my hon. Friend really regard it as a sensible proposal? What percentage of our constituents does he think would accept an absolute prohibition from a relative on marrying the person of their choice?

[Wayne David]

We are talking about the monarch of the United Kingdom, not everybody else in the country. We have to acknowledge that we have a constitutional monarchy that is quite unique.

The origins of the current stipulation are in ancient common law, whereby the monarch has a duty and right of care relating to the upbringing of his or her close relatives. However, that was taken significantly further by the Royal Marriages Act 1772. Although that statute was promoted by George III’s antagonism towards the marriage of his two brothers to women whom he saw as unacceptable, it was drafted in such a way that it went much further than was necessary to respond to his immediate concerns. Indeed, the ramifications of that law mean that today literally hundreds of individuals are obliged to go through a formal legal process involving the monarch and the Privy Council to have their marriages approved. The Bill introduces a change so that any future prohibitions are of eligibility to the line of succession rather than of the marriage.

I do not question the proposed change, but I would nevertheless welcome clarification from the Parliamentary Secretary, Cabinet Office, the hon. Member for Norwich North (Miss Smith), of why royal consent is now to be required for the first six people in line to the throne. I heard the Deputy Prime Minister say that it is a pragmatic move, but there has to be some rationale behind it. The constitutional expert Vernon Bogdanor has suggested that the figure might be five, and others have suggested larger or smaller numbers. Perhaps the Minister could clarify why six has been the number chosen.

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[Wayne David]

With all due respect, I do not think that is the case. The Bill strikes a balance between modernity, which we accept we need to acknowledge, and recognising that the Church of England is central to the life of this country and its monarchy. I think a good balance has been struck and I am sure that some of the suggested unintended consequences of the Bill will be considered during our deliberations.

[Paul Flynn]

When my hon. Friend says “this country”, I presume he means England. As he knows, in the country where he and I live, the Church has been disestablished for 90 years, and happily so.

[Wayne David]

Disestablishment is, of course, a reality as both my hon. Friend and I readily acknowledge. We must recognise that the monarch has a different relationship with the Church of England and the Church in Wales, and my hon. Friend is right to point out that distinction.

I mentioned unintended consequences. Hon. Members have referred to the Duchy of Cornwall, but it seems to me that the letters patent would need to be altered if the duchy were to be automatically transferred to a female heir to the throne. Otherwise, it has been suggested that the heir apparent could be deprived of the source of revenue necessary to fulfil her responsibilities. I suspect that one or two hon. Members might welcome that, but many more would be concerned. I heard what the Deputy Prime Minister said, but I refer him to the deliberations of the Lords Constitution Committee which referred to that as a specific concern.

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[Wayne David]

Of course we cannot guarantee it, but I have faith in the democratic process and the co-operation that exists across the House, and that these serious issues will be addressed properly. It is important that such matters are considered sensibly here as well as in the other place. I am sure that discussions will take place, and I hope that progress will be indicated before the Bill finishes its parliamentary passage.

Let me refer to an issue that is, in some ways, particular to the people of Wales: the title of Princess of Wales. Since 1301 the eldest male heir has usually been invested with the title of Prince of Wales, and as I understand it, that position is bestowed at the discretion of the monarch. Edward II did not invest his eldest son, the future Edward III, with the title, but investiture later became custom and practice. The position confers no automatic rights or responsibilities, but it follows that if there is to be no gender discrimination in the royal succession, consideration ought to be given to the title of Princess of Wales being given to a female heir apparent.

[Paul Flynn]

My hon. Friend is being extremely generous in giving way. He will recall from history that the title of Prince of Wales was the result of a promise that the people of Wales would have a King who could not speak a word of English. He could not speak a word of any language, including a word of Welsh. Is it sensible, with the pride of Wales at heart, to continue to perpetuate that royal confidence trick?

[Wayne David]

My reading of history is that when Llywelyn was defeated by Edward I, a promise was indeed made. The King of England at that time could not, of course, speak Welsh, but he could not speak English either. He spoke Norman French. It is important to make that point when considering such issues because it is easy for some people to translate modern ideas of nationality into mediaeval situations. It is important that the historical reality of the United Kingdom is recognised, and there is a specific niche for Wales with regard to the Prince of Wales, and hopefully, in future, for the Princess of Wales. If it were appropriate to have a Princess of Wales I hope that people in Wales would welcome such a development, and I ask the Minister whether she would welcome such a move.

The Bill is small yet has significant constitutional implications. It reinforces and extends a process of modernisation for our constitutional monarchy that has been under way for some time. The people of this country are, quite rightly, very supportive of the royal family and recognise that not only is the monarchy an important part of our nation’s heritage, it is also a vital element in defining the identity of Britain in the 21st century. The changes in this Bill will help to ensure that the monarchy continues to be an essential part of Britain’s future.

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[Paul Flynn (Newport West) (Lab)]

I am grateful for the opportunity to follow the voice of British conservatism. It seems extraordinary that a Member of this House should refer to the equal treatment of women as one of the House’s passing enthusiasms. That is one of the great changes that have taken place in our generation. It is a joy to see the increased number of women who sit in the House, and the wider mixture of races, colours and creeds.

There is no need for the Bill to be rushed through. If the date were removed from the Bill, we would have years to consider it. There is no question that the royal child will be ready to take the throne for many decades. We have all that time in which to create a Bill that is reasonable, fair and sustainable for the decades to come.

I have the great honour to represent the constituency where the last riot designed to set up a republic took place. In 1839 in the streets of Newport, a group of Chartists arranged to charge a place where they thought a Chartist prisoner was being held. They then intended to stop the post, which was to be a signal to the rest of the country that they intended to set up a republic. At the time, the country was not one to which the description given by the right hon. Member for Mid Sussex (Nicholas Soames) could be applied, as it was a country of great deprivation, great injustice and terrible poverty.

The Chartists were protesting against the system as it was at the time, under a monarchy. That is not to say that monarchy is necessarily a bad system, but we cannot ignore the years in which our monarchs, many of whom did not speak English, behaved as tyrants. For some years now, there has been a division between the Commons and the monarchy, symbolised in the House’s tradition of slamming the door on the monarch’s representative when he comes to the House to deliver the summons to hear her speak. This is crucial to us: it is part of our democracy and character.

I suggest to the right hon. Gentleman that the part of our history of which we in this democratic Chamber should be most proud is the story of those who worked to establish socialist reforms. What is special about our democracy and admired throughout the world is the fact that we have free speech, we have a welfare state, and we have a sense of fairness and fair play—but all those reforms were hard-won.

[Richard Drax (South Dorset) (Con)]

The hon. Gentleman just asked what is special about our monarchy. One answer, perhaps, is that we do not tinker with it.

[Paul Flynn]

We are tinkering with it today. It must be a matter of some concern, but we are tinkering with it. Pandora’s box is open now, and having tinkered with one part of it, we can tinker with other parts of it.

[Mr MacNeil]

Many Acts, including and especially the 1701 Act of Settlement, are nothing other than tinkering.

[Paul Flynn]

Indeed, absolutely. They were based on the prejudices of the past. To look at our history, we can go through the length of this building and see representations of royalty in portraits, coats or arms and statues—there must be at least a thousand—but where would we look to find mementos of the work of the Chartists, the Levellers or the suffragettes? There are precious few, yet they, not royalty, were the ones who contributed to the development of our democracy.

[Chris Bryant]

I have been wondering about this tinkering business that we heard about from the hon. Member for South Dorset (Richard Drax). Can my hon. Friend point out to that hon. Gentleman that Richard II, Edward II, Richard III, Henry VI, Edward IV and Edward VIII—at least; I have left several out, no doubt—were removed expressly by or through the intervention of Parliament. It is a long-established tradition that the succession is a matter for Parliament.

[Paul Flynn]

My hon. Friend is absolutely right. The hon. Member for South Dorset (Richard Drax) is the victim of a romantic delusion that history does not support. We should take pride in the traditions of this House.

What we have before us is a piece of rushed legislation, and we all know legislation introduced in haste usually turns out to be bad legislation. Take the idea that we modernise the system by retaining in it the right for a relative to determine that people should not be allowed to marry the person they love. That is not modern; it is another anachronism from the distant past, but we are retaining it and allowing the monarch to have absolute power over the love lives of six relatives. That seems extraordinary. Who put that in? Who decided that that was a good idea?

One problem with the Bill is its narrowness, which means that we cannot discuss the interesting amendments that have been tabled, including one I mentioned briefly earlier that would allow the country a choice. We are in the position, when we look to the next Head of State, of being infantilised by our own Ministers. We are told that certain letters cannot be published because if they were they would imperil the status of the next monarch. Well, if they do, we should hear about that. If there is a doubt in those letters, why on earth can we not, as the elected representatives of the people, have those letters published? Yet the Government recently decided, in spite of a court ruling and a freedom of information ruling, that those letters from the heir to the throne should remain absolutely secret, because if we saw them we might decide that perhaps he is not the right person to be on the throne. What can the country do?

We are still enshrining the mediaeval idea that it is the son—now the daughter, which is a slight improvement—who will inherit, but why not other members of the family? Would not the country like a choice? In a world of referendums and choice, it would be sensible for us to consider a Bill that would allow the country to decide who will have the vital role of Head of State, looking at the situation in about 20 years’ time, when all sorts of factors will be in play. Should it be the heir? Should it be another member of the royal family? Or should it be citizen A. N. Other? I believe that the country might like the choice.

I am very grateful for the chance to speak in this debate. Like all Members of the House of Commons, I think, I will support the Bill, but I believe we have to bear in mind the points that have been made. On religious grounds, the Bill strengthens the prejudice of the past by not allowing all citizens the chance to become monarch. An amendment was tabled to try to future-proof the measure, saying that in the future there might be an inheritor to the throne who decides on a same-sex marriage. What would the situation be then? Would the progeny of that marriage, either by adoption or artificial insemination, be next in line? One could see advantages in bringing new blood into the royal line, which we have seen successfully recently.

There are many aspects to the law of succession that we need to consider. This is not a full modernisation; it is a tinkering. I believe that pressure has probably been put on the Government to ensure that this reform is very limited. In it are the seeds of future problems that will be obvious in the years ahead.

Succession to the Crown Bill (Allocation of Time)

Paul Flynn Excerpts

Tuesday 22nd January 2013 Commons Chamber

[Paul Flynn (Newport West) (Lab)]

I warmly support the amendment proposed by the firebrand from North East Somerset. There is an extraordinary coalition of opinion behind the view that more time should be given: it includes royalists, republicans and, allegedly, a member of the royal family, although we cannot draw on his name in support of it. We find ourselves in that position because we have opened Pandora’s box. Long-established opinion was that we should not touch the Act of Settlement at all—it was part of the settled constitution of the land; many people, including Catholics, were opposed to any change; and even though others regarded the gender bias as an outrage, they did not want to open the succession to the throne to further debate—but as we are having the debate now, and as we have these debates only once every 300 years, it is worth suggesting some reforms appropriate for future centuries.

There is no hurry to pass this Bill. If we change the reference to children “born after 28 October” to children “whenever born”, that would solve a number of problems, including the problem of whether it can be applied to the birth of the royal child and in the future. If this is such a splendid idea, I cannot see any reason why it should not operate straight away. It is unlikely that it would have many effects, because most of the possible senior inheritors of the throne are male anyway.

We must consider the opinion of this country on the choice that was handed down to us at a time when they believed in the divine right of kings. I can remember Alf Garnett pointing out to the “Scouse git”, in the manner of working-class knowledge, that royalty were descended from God, and I was told as a child that they had blue blood in their veins, but I think we can now regard royalty as being as good and virtuous, or as frail and fragile, as the rest of us. We are unanimous in paying tribute to Her Majesty, who has had a faultless reign in which she has made no attempt to meddle in politics, but if we look back at history, that has not always been the case. We have had plenty of monarchs who were mad, bad or sad—some all three—and we cannot say with any certainty that future monarchs will have the same personality and strength of character as the Queen.

Apart from their ceremonial rule, the monarch plays a crucial role as Head of State. Insufficient attention has been given to what Robert Rhodes James, a greatly respected Member of the House and historian, wrote about the situation in the Conservative party when it was about to topple Margaret Thatcher as Prime Minister. He said that there was great concern in the top echelons of the Tory party about the fact that Mrs Thatcher wanted to call a general election. Parliament could not stop her; the Conservative party could not stop her; the Cabinet could not stop her; but the monarch could. In that situation, the monarch would act and play a vital role as Head of State by overruling a Prime Minister who was acting in their own interests rather than the interests of the country.

It is important that we consider the personality and character of the next Head of State, and I believe that there is a case for considering skipping a generation. It should be up to the public to decide. If the Queen lives as long as her mother, as we all hope she does, we are unlikely to have a change of Head of State for another 20 years, at which time the present heir will be in his late 80s. There will be other considerations, too: doubts have been expressed about his personality and involvement in politics. We should have more time to discuss all the amendments that have been tabled, including the proposal that the public should consider skipping a generation.

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[Mark Durkan]

I accept the hon. Gentleman’s point. None of the arguments or excuses that might be offered for simply microwaving the Bill through in its present form—as the Government are doing today, without looking at the suspect content that we will still be leaving on the statute book—will stand. Those of us who are calling for more time are not calling for hugely more time, nor are we talking about the sort of grand world tour that I am sure the hon. Gentleman would love to go on to consult people in those other Chambers.

I know that some Members, including probably the hon. Member for North Antrim (Ian Paisley), have a deep allegiance to the Crown. I know that the former Member for North Antrim, who just happened to have the same name as the current hon. Member, used to state straightforwardly that he was loyal to the Crown so long as the Crown remained Protestant. I am sensitive to why people have their own issues and their own thoughts, but other people have a different conscience and a different approach.

If some people’s loyalty or allegiance to the Crown is qualified by that religious precondition, those of us in the House who do not share that view have to ask why we, as the price of taking up membership in the House, are forced to recite a form of words that we do not believe. We pledge allegiance to the sovereign and to her heirs and successors, and remember, the Bill will make a change that has implications for who the heirs and successors might be. People are concerned about some of the consequences and the conundrums that might arise as a result of these changes. But I hope that those who have such sensitivities and concerns about succession will have some sensitivity to those of us who are forced, as the price of representing our constituents, to use either the affirmation or the oath. I use the affirmation, and I then hand my letter of protest about that to the Speaker. I use it under protest because I will not swear a lie. I will not swear a lie that I will bear allegiance to someone to whom—

[Paul Flynn]

Does the hon. Gentleman recall that the last time the House discussed an alternative oath, 140 Members voted in favour of it, for all kinds of reasons? It is reasonable that we should return to the matter and have an alternative oath for those who find that they are not telling the truth when they take the oath. It is possible to put words before it or after it which negate the oath.

[Mark Durkan]

I entirely support my hon. Friend. I indicate that I am reciting the formula only in order to represent my constituents, then I read my formula. No doubt other hon. Members have other ways of doing that. I do that, as I indicated earlier, not to be subversive or offensive in any way, but to be true to the integrity of my own position. I would expect no less from anybody who does not share my views or who deeply differs from those views.

If hon. Members get a chance during the limited time that we have on the Bill to make the point that their allegiance to the Crown depends on its religious attachment in future, will they also consider whether it is reasonable to expect a pledge of allegiance to the Crown to be imposed on the rest us who either do not share that religious precondition or who simply do not share the constitutional outlook which I know is cherished by so many in the House, but is just not part of my make-up as a constitutional Irish nationalist?

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[Miss Smith]

I am grateful to the hon. Gentleman for those further points. He seeks to draw me on one of the amendments he has tabled. In brief, I assure him that my view, and that of the Government, is that there is no need for his amendment because those parts of the legislation to which it relates still stand. That leads me to an extremely important point: the Bill, as it stands, has an extremely narrow scope. Therefore, in the view of the usual channels and the Government, it is receiving the correct amount of parliamentary time for debate.

[Paul Flynn]

There is universal approval in the House for the ending of gender discrimination, but does the Minister not agree that the Bill, rather than getting rid of a religious discrimination, actually reinforces it by excluding people from other religions—evangelical Christians, Catholics, Jews and Muslims—from the possibility of ever becoming Head of State?

[Miss Smith]

One of the curious aspects of the debate is that we could take almost as long to discuss what is already wrong with the status quo, which is what the hon. Gentleman would like us to do.

I must deal with a number of points that have been made across the Chamber today. I welcome the support of the hon. Member for Newport West (Paul Flynn) for removing the male bias in primogeniture, and I think that other Members of the House fully support our view on that.

As a Conservative, I do not talk here for political correctness; I talk here for religious equality and freedom. I think it is important that the Bill will end a long-standing piece of unique discrimination. The current provisions are uniquely anti-Catholic because they bar the heir from marrying a Papist or a member of the Roman Catholic faith—whatever term one wishes to use—but I think that much of that terminology is the product of a different age, when the kingdom was threatened by expansionist Catholic realms elsewhere. However, those provisions do not apply to anybody else. They do not apply to atheists, Muslims, Jews, people of no religion or any combination of religions. I believe in the freedom that the Bill will open up by removing that unique piece of discrimination. The changes also do not affect in any way the place of the established Church of England.

Algeria

Paul Flynn Excerpts

Monday 21st January 2013 Commons Chamber

[The Prime Minister]

I am very happy to reconsider that issue. I have been struck on my travels by the fact that the relationship between the defence attaché and foreign Governments is often one of the strongest we have. We will publish a paper about our defence engagement strategy shortly and it will carefully consider that issue.

[Paul Flynn (Newport West) (Lab)]

Even while contemplating this frightening future of perpetual war, will the Prime Minister contrast the successful results of our involvement in Kosovo and Sierra Leone with the results in Iraq and Afghanistan, where 620 British soldiers have died? Is not the prime lesson of Iraq and Afghanistan that we cannot win over hearts and minds with drones and bullets?

[The Prime Minister]

I think the hon. Gentleman draws a slightly unfair comparison about some of the engagements that, after all, a Labour Government got us into. In Kosovo and Sierra Leone, we were not dealing with the massive ideological problem of a twisted Islamic ideology that sees the murder of innocent people as not just possible but necessary. That, I think, is one of the differences with what we have been dealing with in Afghanistan and that point bears making.

Oral Answers to Questions

Paul Flynn Excerpts

Wednesday 16th January 2013 Commons Chamber

[Mr Jones]

I join the hon. Gentleman in commending the work of Coleg Menai, which is doing a tremendous job in training apprentices for Wylfa. He will know that I am always ready to meet him to discuss any issue of concern to his constituency.

[Paul Flynn (Newport West) (Lab)]

Would it not be better to invest the money elsewhere because of the uncertain future of nuclear power, given the huge cost overruns in Finland and France and the fact that those two power stations are already three to four years late? Owing to the uncertainties relating to nuclear power, should we not be investing in renewable energy, and particularly in tidal energy, which is Wales’s North sea oil?

[Mr Jones]

The Government are committed to a mix of energy that includes renewables and nuclear, and nuclear will play an extremely important part in that mix. The Minister of State, Department of Energy and Climate Change, my hon. Friend the Member for South Holland and The Deepings (Mr Hayes), has announced that the generic design assessment of the Wylfa reactor has commenced. The reactor will be a huge asset to the nuclear industry in this country.

European Council

Paul Flynn Excerpts

Monday 17th December 2012 Commons Chamber

[The Prime Minister]

My hon. Friend makes an important point. There was no formal discussion, but the issue was discussed in the margins, as it were, because a number of countries take an interest in it. The letter from José Manuel Barroso is pretty clear: Scotland would have to apply to join the European Union. Obviously, Britain is the only country that has a legal, binding, copper-bottom opt-out from the euro. All the other countries, by and large, are committed to join the euro—[Interruption.] And Schengen, as the hon. Gentleman says. That is important for the Scottish debate.

[Paul Flynn (Newport West) (Lab)]

The Prime Minister said that Syria is attracting and empowering elements linked to al-Qaeda, presumably to help the Government side. What evidence does he have for that?

[The Prime Minister]

Tragically, the elements that are linked to al-Qaeda are actually linked to elements of the opposition. There is strong evidence that groups such as the al-Nusra front take an unacceptable view about Islamic extremism. There are very real concerns about the issue, which lead to the argument about how involved we should get with the Syrian opposition. There is a strong argument that by being more involved with like-minded allies we could try to support the elements of the Syrian opposition that most want to see a free, democratic and inclusive Syria.

Leveson Inquiry

Paul Flynn Excerpts

Thursday 29th November 2012 Commons Chamber

[Paul Flynn (Newport West) (Lab)]

Lord Leveson says that he regrets that former Deputy Commissioner John Yates did not reflect on his close friendship with the deputy editor of the News of the World before he decided in 2009-10 not to reopen the hacking inquiries. Is not the great shock of this report the revelations of the very close relationships between press, police and politicians? What is the right hon. Gentleman going to do, personally and as a Prime Minister, to ensure that the corrosive effects of cronyism are reduced?

[The Prime Minister]

On the relationship between the press and politicians, this Government have taken unprecedented action to publicise and make transparent all the meetings between politicians and editors, and politicians and proprietors. All that is now declared on a quarterly basis and that is how it should be. That did not happen in the past. The report recommends that that should also apply between senior officers and members of the press and that, to try to end excessively close relationships, there should be a cooling-off period before police officers go and work for newspapers. Lord Leveson does address those issues. We have not waited for the report; we have gone on and put those things in place.

Oral Answers to Questions

Paul Flynn Excerpts

Wednesday 28th November 2012 Commons Chamber

[Stephen Crabb]

Extensive discussions are under way involving all the Departments and Ministers that my hon. Friend mentioned with a view to achieving further increases in organ donation across the UK. We have yet to see the detail of the Welsh Government legislation, but we hope it will contribute to a further increase, not cut across it.

[Paul Flynn (Newport West) (Lab)]

Hon. Members may recall the visit of Mr Matthew Lammas of Newport to the House just over a year ago. At the age of just 23, he gave a harrowing account of his wait, the frustrations and delays, for a heart transplant. Tragically, Matthew died two months ago, but is not the example of the frustration and delay that he faced a powerful argument for supporting the proposals of the Welsh Assembly Government?

[Stephen Crabb]

The hon. Gentleman brings a powerful example to the House of why we need to do more at different levels, in both the UK and the Welsh Governments, to increase the number of organ donors across the UK, and to that end we look forward to seeing the detail of the Welsh Government legislation.

Charitable Registration

Paul Flynn Excerpts

Tuesday 13th November 2012 Westminster Hall

[Fiona Bruce]

I thank my hon. Friend.

[Paul Flynn (Newport West) (Lab)]

The difficulty is that we as a House failed to define public benefit in the Charities Act 2006; it is left to the courts. What will happen is that those who can afford the most expensive silks to argue their case are likely to triumph. Does the hon. Lady think that public benefit is well defined as far as education is concerned? Eton and Harrow have charity status, but schools on inner-city estates do not.

[Fiona Bruce]

The position regarding public benefit in education was considered thoroughly in connection with the case to which I referred earlier, so I will confine my remarks to the issue of public benefit and religious organisations, which has not been examined or judicially reviewed for some time.

Prime Minister’s Adviser on Ministers’ Interests

Paul Flynn Excerpts

Tuesday 17th July 2012 Commons Chamber

[Paul Flynn (Newport West) (Lab)]

We have seen the degradation of a very valuable reform that was made when Tony Blair was Prime Minister. I was a member of the Public Administration Committee at the time, and we were not happy with everything that the last Government did. We wanted to go further: we wanted a pre-appointment hearing. However, if we look at the history of the code, we see that it was used once by the last Government on an occasion involving Shahid Malik and has not been used by the present Government in three serious cases, although it was used in a minor case.

We should heed what was said about lobbying by the Prime Minister when he was in opposition, and in last week’s report from the Political and Constitutional Reform Committee. When in opposition, the Prime Minister said, quite rightly, that lobbying was the greatest scandal facing us, and that money was buying power and power was fishing for money. Sadly, that is exactly what has happened under this Government, and to an even greater extent. We must look to our reputation. We must recognise the fact that we are not winning back the trust and the confidence of the people, which is our prime task after the expenses scandal, but are losing that trust and that confidence and providing even greater cause for scandal.

The first of the three cases that should have been investigated by the independent adviser, as he says himself, was the case of the right hon. Member for North Somerset (Dr Fox). We now have a new doctrine of absolution by resignation: those who resign will not be subject to a full investigation of their conduct by the only legal enforcer of the “Ministerial Code”. An investigation was carried out virtually over the weekend for party political reasons, in order to get it over with rapidly.

The second case involved a Minister who argued that he did not have to declare a meal with which he had been provided by a lobbyist because on the day in question he was digesting with his private rather than his ministerial stomach. That was accepted, and no investigation was carried out.

Thirdly, there was the case of the Culture Secretary, on which we had a debate the other day. I believe that we must look to the conduct of the adviser on that. In extraordinary circumstances, following receipt of a letter from the Prime Minister dated the day of the debate, an answer came back before 12 pm virtually absolving the Minister involved of the charge that he and his staff had been approached by a lobbyist 500 times, because it had been deemed not to be a legitimate area for investigation. All those cases should have been investigated under the “Ministerial Code”.

I am grateful to the Chairman of the Public Administration Committee, which is behaving as it should. There is unanimity on the Committee about the reform that is necessary. When the new independent adviser appeared before the Committee, I asked him what he would do if we expressed our unhappiness about his appointment. We suggested that he had a reputation for being a poodle—for having followed Ministers around for years, obeying them with “Yes sir” and “No sir”. That had long been his role. He was not the Rottweiler that we needed. He said that if we expressed our unhappiness he would consider relinquishing his post, and we did express our unhappiness. I believe that before appointing such a person we must decide by means of a pre-appointment hearing whether he possesses the necessary robust independence.

[Robert Halfon]

Does the hon. Gentleman consider that the ratifying of the “Ministerial Code” by Parliament would deal with some of the objections raised earlier by my hon. Friend the Member for Rochester and Strood (Mark Reckless)?

[Paul Flynn]

No, it would not, because, under this Government, in the three serious cases I have mentioned, the code has not been used, when it should have been. The only time it has been called upon was in a case of some triviality, where the person involved admitted her guilt, and that went through. These other serious potential abuses have not even been investigated, and we must question the impartiality of the adviser because of his conduct on the day of the debate in question. All the misgivings we had were justified.

We, as an institution, are in grave danger of deepening public cynicism against us. We have had new cases of allegations, backed up with films showing a lobbyist trying to get access to the Prime Minister or boasting of access—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Time is up. I call Sir Alan Beith.

--- Later in debate ---

[Mr Hurd]

I thank my hon. Friend for his intervention, and I can see the passion with which he makes his argument, but the important principle is who is ultimately responsible, and that is the Prime Minister.

[Paul Flynn]

The Chairman of the Committee on Standards in Public Life, Sir Christopher Kelly, said in evidence to the Public Administration Committee that in his view the Prime Minister had broken the ministerial code in one of these instances. As the Prime Minister is unlikely to refer himself to the adviser, is it not crucial that we have someone of independence who can take on the Prime Minister when he is suspected of breaking the ministerial code?

[Mr Hurd]

I have not seen Sir Christopher Kelly’s evidence on that, but there is no shortage of opportunities to hold the Prime Minister to account on anything.

Providing advice to the Prime Minister on allegations about a breach of the ministerial code is one aspect of the independent adviser’s role. I also wish to explain the other important aspect of the role, as it has been ignored in the debate: the adviser provides an independent check and source of advice to Ministers on the handling of their private interests in order to avoid any conflict between those interests and their ministerial responsibilities, as set out in section 7 of the ministerial code. This is very much behind-the-scenes work; it is about sorting out issues before they arise. However, it does result in the publication by the Cabinet Office of the list of Ministers’ interests, which puts into the public domain a list of all the relevant interests of all Ministers and enables external scrutiny of possible conflicts of interest. Obviously, this is an ongoing process as issues arise, not a one-off. It is important to put on record that second dimension to the independent adviser’s work.

Some questions were raised about particular cases this afternoon, although I think that the hon. Member for Harrow West struck the wrong tone, not for the first time, by seizing the opportunity to try to make a political attack on the Prime Minister. Rather than rehearse some arguments about why one particular case was referred or otherwise, I simply say that in each case—those of the former Secretary of State for Defence, my right hon. Friend the Member for North Somerset (Dr Fox), my right hon. Friend the Culture Secretary and Baroness Warsi—there were no shortages of opportunities for the House or for the media to hold the Prime Minister to account for the decisions he took.