Oral Answers to Questions

Debate between Philip Hollobone and Brandon Lewis
Wednesday 3rd March 2021

(3 years, 9 months ago)

Commons Chamber
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Jo Gideon Portrait Jo Gideon (Stoke-on-Trent Central) (Con)
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What recent discussions he has had with Cabinet colleagues on the implementation of the Northern Ireland protocol.

Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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My Cabinet colleagues and I continue to work together closely to ensure that we meet our protocol obligations in a pragmatic and proportionate way. We have heard the concerns raised by people and businesses in Northern Ireland and are sensitive to the economic, societal and political realities in Northern Ireland. That is why we are taking forward a series of further temporary operational steps that reflect the simple reality that more time is needed to adapt to and implement new requirements as we continue our discussions with the EU. The steps include the new operational plan for supermarkets and their suppliers, committed to at the Joint Committee. I will lay a written ministerial statement detailing the steps later today.

Philip Hollobone Portrait Mr Hollobone
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After the EU’s outrageous abuse of the Northern Ireland protocol in relation to its failing vaccine programme, is it not clear that, as it stands, the operation of the protocol is not working? There is far too much disruption to businesses and families in Northern Ireland and it needs urgently to be either reset or scrapped altogether.

Electoral Registration: EU Citizens

Debate between Philip Hollobone and Brandon Lewis
Thursday 25th April 2019

(5 years, 7 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Brandon Lewis Portrait Brandon Lewis
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On one of the hon. Lady’s last points—I invite her to look at the form later in the Library—I am not sure how the form could be simplified any further. It literally takes 30 seconds to fill it in; it is a very simple, direct form. On the wider issues, the Electoral Commission is the body responsible for ensuring that these processes are followed through legally, and I am sure it will be listening and looking at what she has outlined.

We have been very clear about advising EU citizens over the last year to make sure that, for the European elections, those who wish to vote are registered in their home member state. As I said in my opening remarks, we expect that many will have done that, but there is the opportunity, if they wish to vote in the UK should we hold these potential elections, for them to do so by filling in a UC1 form.

The hon. Lady spoke about the deal, and I gently remind her that we are potentially fighting these elections because, when Labour Members had the chance to vote for a withdrawal agreement that fits their own party policy, they decided to play politics rather than deliver on the referendum.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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I declare my interest as a member of Kettering Borough Council.

When voters in Kettering voted 61% to leave the European Union in the referendum three years ago, they did not expect to be asked to vote in European elections this year, and they find it ridiculous that they are being asked to do so. Fortunately, we have an excellent electoral services team at Kettering Borough Council. Will the Minister confirm that the Government will reimburse all the extra costs that councils will bear in arranging these elections?

Brandon Lewis Portrait Brandon Lewis
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Obviously, I share my hon. Friend’s view that nobody who voted in 2016, on either side of the debate, ever expected to vote in a European election again once they saw that result. I still hope there is an opportunity for them not to have to do so. As I say, I am disappointed that we are in this position at all, but these elections will follow the process that has been used previously—as they did in 2014; all the same processes will apply.

Oral Answers to Questions

Debate between Philip Hollobone and Brandon Lewis
Wednesday 12th September 2018

(6 years, 3 months ago)

Commons Chamber
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Brandon Lewis Portrait Brandon Lewis
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The hon. Gentleman makes the very good point that this should not be allowed to continue. We must look at all options on how we can ensure that. We have said we want to work with those companies and platforms to ensure they see proper debate but with respect. I encourage the hon. Gentleman’s party to adopt, as the Conservative party has, a respect pledge to behave properly in the social media world.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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Earlier this year, all the Conservative councillors on Desborough Town Council resigned in protest at the abuse, harassment and intimidation suffered by the Conservative female chair of the council. Will my right hon. Friend ensure that, when he reviews standards of conduct in public life, that applies not just to elections but to serving councillors during their term of office?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend highlights a worrying problem that we are seeing across public life: people are seeing this kind of abuse. It was raised at last week’s Prime Minister’s questions. We all have a duty to stand up against this. The criminal bar on this is in place all year around. We are looking at elections as a separate issue in the consultation, but he is right: we all have a duty to call this out to ensure that people can have proper debate and fulfil their public duty with confidence that it will be respected.

Oral Answers to Questions

Debate between Philip Hollobone and Brandon Lewis
Monday 23rd January 2017

(7 years, 11 months ago)

Commons Chamber
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Brandon Lewis Portrait Brandon Lewis
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l am as keen as the right hon. Gentleman clearly is to see the new funding formula review work completed so that we can get into place a fair and transparent formula, but it is important that we do this correctly and work with the sector. I thank everybody across the sector, including PCCs and chief constables from whom I have had feedback individually and in the wider groups, and whom I meet regularly. They are very happy with the process we are following and the timescale we are working to. I do not intend to rush anything; I want to make sure that we get this right.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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Northamptonshire police are leading the way in combining the delivery of their frontline services together with the local fire brigade. Will the Minister ensure that forces that are undertaking such radical new initiatives to improve local efficiency are rewarded through the new funding formula?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend highlights a really important point. Following the Policing and Crime Bill, emergency services will have the opportunity—in fact, a duty—to collaborate. Bringing together police and fire services provides huge opportunities for rewards in terms of savings by working together more collaboratively to deliver for the frontline. He is right that Northamptonshire has been a leading light in this over the past few years.

Oral Answers to Questions

Debate between Philip Hollobone and Brandon Lewis
Monday 5th December 2016

(8 years ago)

Commons Chamber
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Brandon Lewis Portrait Brandon Lewis
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Police forces across the country are currently recruiting. The police funding formula has always been protected. We are doing a formula review. I will be meeting the police and crime commissioner and the chief constable of Northumberland shortly to discuss that and feed it into the review. The force there has benefited over the past couple of years from the ability to increase precepts above most others due to de minimis.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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All police officers deserve our praise, but volunteer special constables who serve on foot in the local areas in which they live represent their local communities particularly well. Will the Minister congratulate Northamptonshire on the efforts that it is making to recruit more volunteer special constables?

Brandon Lewis Portrait Brandon Lewis
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I am happy to endorse my hon. Friend’s comments. The volunteers in the police force, who we are looking to empower even further through the Policing and Crime Bill, do a fantastic job and deserve our great thanks.

Orgreave

Debate between Philip Hollobone and Brandon Lewis
Tuesday 1st November 2016

(8 years, 1 month ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Brandon Lewis Portrait Brandon Lewis
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As I have said, the Home Secretary looked at a wide range of documents and considered a wide range of factors, and that included meeting the campaigners. We are determined to ensure that whistleblowers are properly protected, which is why we are seeking to increase their protections. I hope that the hon. Gentleman will support that, along with the Police and Crime Bill and our work with the IPCC.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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Does it not strike the Minister as odd that Labour Members are using part of their Opposition day tomorrow to debate police officers’ safety? They seem to have forgotten that 32 years ago individual police officers from up and down the country, including Northamptonshire, faced an unprecedented wave of picket-line violence from yobs, led by trade unions, without the protective equipment that police officers have today. Yes, it was ugly; yes, it was violence, and those unfortunate events happened on both sides. However, to spend millions of pounds on investigating events of 32 years ago when things have moved on would be a waste of time.

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend has raised the important issue of the safety and security of our police, which we will debate tomorrow. It is right for people to appreciate that our forces police by consent, which is why I think that the reforms that have taken place over the past few decades are so important, and why I think that we must continue those reforms. We want a police force that we can continue to be proud of and continue to rate as the best in the world, and we want to make sure that our police officers are safe as well. That does not detract from the fact that both the Home Secretary and I fully appreciate the strength of feeling on all sides of the debate. Nevertheless, the decision about Orgreave had to be about what was in the wider public interest. That is the decision that the Home Secretary has made, and rightly so.

Oral Answers to Questions

Debate between Philip Hollobone and Brandon Lewis
Monday 5th September 2016

(8 years, 3 months ago)

Commons Chamber
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Brandon Lewis Portrait Brandon Lewis
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The hon. Gentleman makes an important point about PCSOs being important. They play a key role, which is why I am pleased that their number has increased by about 40% in his part of the world since 2010. It is also important that the Policing and Crime Bill will give chief constables the power to look at what is right for their area and to give powers to PCSOs and other volunteers to do the work that is appropriate for their local area.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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I was with one of the few remaining PCSOs in Kettering on Friday for a walkabout in the town, and it would appear that, were it not for the funding provided by Kettering Borough Council, of which I am proud to be a member, there would be no PCSOs at all in the borough of Kettering. Does the Policing Minister agree that PCSOs are vital for developing the intelligence picture locally, and that without them it would be difficult to see how front-line officers could do that?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend makes a very good point. I was a council leader in local government when PCSOs were first introduced, and my council funded them even back then. They play an important part in the remit and powers of chief constables and, indeed, PCCs to make sure that they gather the intelligence they need to prevent crime, which is obviously our first priority.

Oral Answers to Questions

Debate between Philip Hollobone and Brandon Lewis
Monday 8th February 2016

(8 years, 10 months ago)

Commons Chamber
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Brandon Lewis Portrait Brandon Lewis
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As I outlined in my initial answer, we not only have online resources and advice services, but give grants of up to £8,000, with a further £6,000 in particularly difficult areas. Workshops are also going out around the country, and the National Association of Local Councils is talking through its parish council network about how the system works. I gently say to the hon. Lady that every single neighbourhood plan that has gone to referendum has passed with a huge majority.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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Might it not be a good idea to highlight an exemplar neighbourhood plan in each shire area, which could be specifically rolled out across that county, to encourage more parish councils in particular to get involved?

Brandon Lewis Portrait Brandon Lewis
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As is often the case, my hon. Friend raises a very good idea, and I will take it forward. I will be talking to the group that is going out and doing this kind of work and sharing best practice around the country. It is a good idea for local authorities to look at what others have done locally, and we will certainly do our best to take up his idea and to promote it further.

Oral Answers to Questions

Debate between Philip Hollobone and Brandon Lewis
Monday 9th November 2015

(9 years, 1 month ago)

Commons Chamber
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Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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I welcome the Government’s recent policy announcement on new planning applications from Gypsies and Travellers in the countryside. Has the Planning Inspectorate been fully briefed on the Government’s programme, and will particular importance be attached to combating the overconcentration of sites in the countryside?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend makes a very good point. The short answer with regard to the Planning Inspectorate is yes. We are very keen to ensure that the planning system treats everybody equally and fairly, and that everybody abides by the same rules in a fair and proportionate way.

Oral Answers to Questions

Debate between Philip Hollobone and Brandon Lewis
Monday 29th June 2015

(9 years, 5 months ago)

Commons Chamber
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Brandon Lewis Portrait Brandon Lewis
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The hon. Lady should be pleased that we have seen 600 housing starts in her own area over the last year and that, although we inherited from the last Labour Government the lowest level of house building since about 1923, we have seen that level starting to come back thanks to the work this Government have done to deliver the fastest rate of building not just of council homes, but also affordable homes, in about 20 years.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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Can the Minister confirm that the proportion of people who own their own home actually fell over the lifetime of the coalition Government, and will he reaffirm, as a central promise of this Administration, to increase the proportion of people who own their own homes?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend makes an interesting observation. Of course, home ownership started to fall in 2005, under the last Labour Government. Over the last Parliament, we worked to get the house building sector working again. We have made it clear that we are a party who believe in helping people who work hard and aspire to own their own home, and that is why we will deliver some 200,000 starter homes for first-time buyers over the course of this Parliament.

Leasehold Reform (Amendment) Bill

Debate between Philip Hollobone and Brandon Lewis
Friday 24th January 2014

(10 years, 11 months ago)

Commons Chamber
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Brandon Lewis Portrait Brandon Lewis
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I thank my hon. Friend for what I think is a helpful intervention, as well as for supporting the Bill. He is quite right. I suspect that one query received by my hon. Friend the Member for Bury North when the issue first came to his attention was that this is a 1993 Act and we are now in 2014—he introduced the Bill in 2013—so why has it taken so long to find a way of dealing with this problem? That is a reasonable question to ask, but the reality is that we now have the opportunity to correct the situation. It is quite right to deal with it, and I congratulate my hon. Friends the Members for Bury North and for Kettering on doing just that.

Philip Hollobone Portrait Mr Hollobone
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I am following my hon. Friend’s excellent speech with great interest. He made a particularly powerful point about the value of scrutinising legislation. However, the benefits of the Bill will not extend to Wales, and premises in Wales will be unaffected by the changes. Can he hear the cries going up throughout Wales, in the valleys and elsewhere, “Let us have the Nuttall amendment or the Nuttall provision”? Will he do all he can, through his good offices, to provide the National Assembly for Wales with whatever assistance it needs to pass similar legislation?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend makes an excellent point. I suspect people in Wales are thinking right now, in relation to their legislation, that a little bit of Nuttall in Wales would do them a whole world of good.

My hon. Friend the Member for Beckenham (Bob Stewart) queried why the change has not been made before. I appreciate that he came into the Chamber only a short time ago, but I again underline the importance of this debate as a chance for all hon. Members to put the clear intent of Parliament on the record. The requirements on signatories do not appear to have been debated during the passage of the 1993 Act, which is a good reminder of why it is sometimes important for parliamentarians to put clearly on the record why we do things, not just to assume that our intent in passing legislation is clear and obvious. It is a great testament to that point that we are doing this work this morning.

The existing restrictions perhaps aim to ensure that the individual leaseholder is fully aware of the commitment they enter into, given the significant financial liabilities that arise from serving the notices concerned. As my hon. Friend the Member for Bury North has outlined, the Bill will enable legal notices to be signed on the leaseholder’s behalf and that change will help, among others, those physically disabled, seriously ill or mentally incapacitated leaseholders who are currently unable to benefit financially and otherwise from the exercise of rights enjoyed by able-bodied leaseholders.

The Bill is clearly focused on helping a particular group of leaseholders, many of whom are likely to be elderly and vulnerable. As such, it has received warm words of support from both sides of the House, which I am sure is appreciated by my hon. Friend. That reflects my hon. Friends’ efforts in gathering support for the Bill, and in highlighting the benefits that it will enable some currently frustrated leaseholders to enjoy.

The changes made by the Bill to the 1993 Act may affect only a relatively small number of leaseholders of flats in England, but they might be very important for those leaseholders currently unable, for one reason or another, to sign the requisite legal notices in person. As my hon. Friend the Member for Kettering has rightly pointed out, the Bill applies only to England, so I hope that the devolved Assembly will look at the provision and perhaps introduce it in Wales. As I have said, those helped by this Bill will often be elderly and more vulnerable leaseholders. The removal of current restrictions will also help those who are charged with looking after the financial affairs of a leaseholder. The example of relatives acting under a power of attorney was given by my hon. Friend the Member for Worthing West.

One sad situation that was brought to a colleague’s attention concerns an elderly leaseholder living in a leasehold retirement development who, because of severe illness, unfortunately had to go into a nursing home to be cared for. I give this example because it is important to provide some colour and life on exactly how the change will make a beneficial impact to people’s lives. The leaseholder’s relatives were looking after her financial affairs under a power of attorney, and could therefore deal with almost all matters that needed taking care of. As she became more unwell, it was necessary for her leasehold property to be sold to assist in paying the care home fees. That is where her relatives reached what can only be described as a bizarre situation: they could sell the flat using the power of attorney, but they simply could not act on her behalf to extend her lease. They therefore had the frustration and sadness of being unable to make the most of their elderly relative’s assets for her benefit simply because they were not permitted to sign the vital leasehold paperwork on her behalf. Had they been able to do so, it is very likely that the flat, with the attraction of an extended lease, would have secured a higher selling price, and maximising the value of their relative’s assets in that way would have helped meet the fees of a suitable care home for her final days.

It is important to give more examples of the people who will be helped by this Bill. For instance, limbless or severely injured Army veterans face many problems. They may wish to extend the lease on their home and to enjoy the financial benefits that such action could bring, but, owing to their disability, they might no longer be able to hold a pen and to sign vital papers. As the law now stands, for that reason alone they are frustrated from exercising their important legal right as the leaseholder. There is no way that that was the intent of Parliament when the Act was passed, and it is right to get through this Bill for that reason alone.

The Bill may help leaseholders living abroad who need to sign notices. For example, work may take the leaseholder of a flat abroad for a prolonged period. Without the ability to have someone act, with the appropriate authority, on their behalf in respect of the property, it may be difficult for them to exercise their statutory rights. Again, that was clearly not Parliament’s intent.

The Bill might also help an aid worker serving overseas in a remote location, where postal services are infrequent and unreliable. If they want to extend the lease on their property back home in England, they will need to receive a paper copy of a document, and they then have to sign and return it. In some parts of the world, even in today’s modern age, that can take months, involve worry and delay, and create problems about getting the work done. If the absent or incapacitated person is the sole leaseholder, even their husband or wife cannot validly sign notices on their behalf.

If an individual leaseholder who lives or works abroad is hindered in that way, it could have an unfortunate knock-on effect on other leaseholders in their block. For example—we have examples of this in this country—a group of leaseholders may want to exercise their collective right to acquire the freehold of their block, but to satisfy the qualifying criteria they may need one or more leaseholders who live or work abroad to sign the documents. Although the Bill would not make any change to leaseholders’ actual rights—we must be clear about that—it could helpfully remove a practical barrier to the efficient exercise of those rights.

Let us also consider an elderly person who is physically fit, but who for years has been accustomed to relying on their long-standing family solicitor to act for them in all legal and administrative affairs. They may decide to take part in the collective purchase of the freehold of their much-loved home, but in that case, the solicitor simply could not validly sign the documents on their behalf.

Since the 1993 Act, we have—I hope—become more aware of the challenges faced by individuals who become mentally or physically incapacitated for one reason or another. Sadly, as that Act stands, even someone acting under the direction of the Court of Protection cannot sign the requisite notices. A possible alternative could be for the leaseholder to take the major step of assigning the lease of their property to a trustee, and setting up what is known as a “bare trust”. Again, the decision on Tingay is very relevant. The counsel for the landlord states that

“it is possible to avoid difficulties of these sorts. What one could do would be to assign the lease to one or more trustees, who would hold it on a bare trust for the former tenant, who could serve a notice relying on the qualifying—”

Local Government Finance

Debate between Philip Hollobone and Brandon Lewis
Wednesday 18th December 2013

(11 years ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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Under the leadership of councillor Russell Roberts, Kettering borough council, of which I have the privilege to be a member, has for the past three years offered a policy of “triple zero”: no cuts to front-line services, no cuts to voluntary grants and no increase in council tax. The Minister will know, because he has twice visited Kettering borough council, that it is an exemplary local authority. Does the message not go out that if Kettering can do this, other councils, if they really want to, can also do it?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend makes a very good point. Kettering is an excellent example of a good Conservative council managing its finances properly for the benefit of local residents, keeping down the cost of living by keeping council tax frozen and providing excellent front-line services, as good councils all over the country are doing.

Oral Answers to Questions

Debate between Philip Hollobone and Brandon Lewis
Monday 8th July 2013

(11 years, 5 months ago)

Commons Chamber
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Brandon Lewis Portrait Brandon Lewis
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My hon. Friend makes a powerful point. We have devolved power, so it is very much a matter for local authorities how they distribute the money they spend, but I am sure that—with her making such a strong case—residents in Derby will look carefully at what the council has done and take a view on that when it comes to the next elections.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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19. What the total departmental expenditure on financing sites for Gypsy and Traveller pitches in (a) Kettering borough, (b) Northamptonshire and (c) England was in the last 10 years.

Brandon Lewis Portrait The Parliamentary Under-Secretary of State for Communities and Local Government (Brandon Lewis)
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We have taken firm action against unauthorised sites. We believe in fair play and supporting those who play by the rules. The total allocated funds for Traveller sites in England has been approximately £175 million, of which almost £120 million has already been spent. Approximately £3.4 million has been spent in Northamptonshire, including about £850,000 in Kettering.

Philip Hollobone Portrait Mr Hollobone
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As the law now stands, Kettering borough council, of which I have the privilege of being a member, has to identity sites for up to 37 Gypsy and Traveller pitches by 2031. The consultation has caused huge and understandable upset and concern throughout the borough. Will the Minister, who has proved both responsive and sensitive to such issues, be kind enough to agree to visit the borough of Kettering to see how these issues might best be resolved?

Brandon Lewis Portrait Brandon Lewis
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I thank my hon. Friend, who no doubt will have noted the statement we laid before the House last week. I appreciate that planning for Traveller sites can be contentious and raises a number of complex issues, so I am happy to visit him in Kettering to see them at first hand.

Oral Answers to Questions

Debate between Philip Hollobone and Brandon Lewis
Monday 18th March 2013

(11 years, 9 months ago)

Commons Chamber
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Brandon Lewis Portrait Brandon Lewis
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It is sometimes easy to forget, and I remind the hon. Lady, that an area such as Liverpool has a much higher base start in the first place. A constituency such as mine, which has some very high deprivation, has a spending power of £2,200 per dwelling, whereas Liverpool’s is up at about £3,000. There is a big difference in the first place, and we have to bear that in mind when we are trying to make comparisons between different authorities.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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4. Which county council has set the lowest council tax in England.

Brandon Lewis Portrait The Parliamentary Under-Secretary of State for Communities and Local Government (Brandon Lewis)
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Councils are in the process of setting their budgets for the coming financial year, and we will, as a Department, publish official figures in due course. As well as recognising areas such as Lancashire that have done superb work in cutting council tax, as has Dorset by 5% this year, I can confirm that Northamptonshire county council currently has the lowest council tax of any county without a separate fire authority.

Philip Hollobone Portrait Mr Hollobone
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Northamptonshire county council is proud to have the lowest county-council council tax in the whole of England, and it has frozen its council tax for the past three years. Will my hon. Friend the Minister congratulate Councillor Jim Harker and his team of Conservative councillors on Conservative-controlled Northamptonshire county council on delivering the most affordable county-council council tax in the whole country?

Brandon Lewis Portrait Brandon Lewis
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I am absolutely delighted to give those congratulations. It is superb to see Conservative county councils across the country, of which my hon. Friend’s is a particularly good example, working hard to deliver cost-effective services for their residents. It is also appropriate to say, while I am at the Dispatch Box, that his district council should be commended for the excellent work it is doing on freezing council tax. It is taking this financial settlement in the right way and looking to the future in terms of how it can deliver growth for its area and thereby create real benefit for its residents locally.

--- Later in debate ---
Brandon Lewis Portrait Brandon Lewis
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I can confirm that we are looking at how to work with Cleveland to deliver a mutual fire service, if it wants to do it that way. We are working through this at the moment and may be looking at consultation. We will go through that process and look at the feedback we get from it.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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Will the Planning Minister instruct the planning inspectorate not to sanction on appeal entirely inappropriate housing development outside town and village envelopes using the five-year rolling housing supply targets where the local authority concerned is doing all it can and more to meet Government guidelines on the development of local plans?

Local Government Standards Regime

Debate between Philip Hollobone and Brandon Lewis
Wednesday 16th January 2013

(11 years, 11 months ago)

Westminster Hall
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Brandon Lewis Portrait Brandon Lewis
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I will address the transitional arrangements in a moment, but, yes, we do have to consider that.

The advice in the Wiltshire case makes little sense. The advice refers to a pecuniary interest in any matter, but it focuses on the word “any,” which is completely the wrong end of the stick, to use a colloquial phrase. The advice fails to define a disclosable pecuniary interest, which is the key point. The simple fact is that one cannot identify a disclosable pecuniary interest that relates to the setting of council tax. A beneficial interest in land is probably the nearest to that, but that interest is clearly not materially affected by the setting of council tax.

I have learned something today, and I am hugely impressed: I have never before heard of an “ethical governance officer,” which is a fantastic new title. I am sure the title will be cropping up across the country, no doubt with people asking for pay rises. One of the things of which I have seen far too much, particularly in parish councils, is organisations advising that, in setting precepts, all members have to declare a pecuniary interest, which implies that every councillor has such an interest, be they district councillors, county councillors or unitary councillors. Indeed, it could be argued that that goes all the way to us when we set the Budget. That is farcical. That is not what the guidance sets out. We must make it clear to parish councillors that that is bad advice. It is wrong. That was not the intention.

Another example I have heard is how councils feel the need, under the transitional arrangements, to continue to investigate a complaint under the old regime, whatever its merits. That is absolutely not what the transitional arrangements require. Briefly, if a council considers a complaint unworthy of investigation and the resources that that would entail, it can bin the complaint. I stress again that that is a decision for the council—the members. Neither the monitoring officer nor any other officer has the power to make a decision and force or tell councillors to do something. The decision is in the hands of the democratically elected councillors.

Why is all this happening? Why is there an attraction to continue a Standards Board-type regime—a regime that was widely loathed in local government and ill served citizens, taxpayers and councillors? As I hope I have stressed clearly, our new regime puts members firmly in the driving seat when it comes to deciding what a council’s standards arrangements should be. They are for local councils to decide. In that role, it is right that members look to their officers for advice, as that is what officers are for, but I have to say that much of the advice being given to members is far from satisfactory. There are some very good monitoring officers out there, but far too much poor advice is being given, leading members to feel that they are being bullied by officers.

What I have seen often shows that, for whatever reason, officers have simply failed to grasp what the reform is about. It is about having arrangements that maintain high standards while avoiding bureaucratic burdens and doing away with all the petty, vexatious complaints that bedevilled the operation of the old regime. Whether because of excessive caution, bureaucrats’ love of bureaucracy for its own sake, or a misplaced belief that they and not members should be in the driving seat on standards, officers often advise that something more or less akin to the old Standards Board regime should be continued.

One of the most worrying examples is the Public Law Partnership that provides legal advice to a number of councils, including Essex county council and, I believe, Brentwood borough council, where I was once a member. The partnership has prepared a model code and model arrangements for handling misconduct complaints that seem essentially to be a form of the old Standards Board regime. I see no need for a local authority to adopt a code of conduct based on such a model, or to put in place complaint-handling arrangements based upon the Standards Board regime. I see no need for a heavy, bureaucratic, gold-plated approach that has no place in the new localist standards arrangements, which should be driven by and for members.

I send a clear message to council leaders and members that where they receive such advice, they should simply tell their officers to think again. They must challenge their officers to get it right. They should tell the officers that what they are saying is wholly out of step with the new regime and its aims as approved by Parliament, and instruct them to come forward with something different—something that is proportionate and that meets the needs of members under the new regime.

I know that members are trying to do the right thing and want to make the right decisions, and that the officers giving advice sound well informed and very much in control. It is easy for members to believe, “We must do this.” I hope that today I have sent a clear message to councillors that the power is in their hands; they should exercise it and challenge their officers to come up with a light-touch scheme and approach. I know that leaders and members have the strength and capacity to do that. They should do it now, if they have not done so already. They should get on with it, using the comments made by all Members in this debate, including me, to challenge their officers. My message to monitoring officers and others who give that advice is to be professional and proportionate and to cut out the gold-plating. Let us see some common sense.

I have heard of law firms offering advice—at a price rather than pro bono, I imagine—on the standards regime and how to operate it. It is, of course, for councils to decide what advice they need. Again, I suggest that members should consider carefully whether they need outside, paid legal advice when they have their own officers. I find it hard to envisage circumstances in which seeking such advice can be genuinely justified. The new standards regime is about empowering councillors to deliver high standards of conduct; it is not about creating a new legal industry, whatever attractions that might have for some. My message to council members is at the very least to consider matters very carefully before deciding that it is necessary to involve a legal firm in the conduct of their council’s standards arrangements.

Monitoring officers are there to provide professional advice, not to decide what is to happen or judge whether a member has a disclosable pecuniary interest. I hope that I have made that clear. It is the responsibility of the member concerned to make that judgment. Members need to have confidence in the expertise, professionalism and independence of their officers and to trust that they do not have an agenda or aim that might put their advice into a particular context. Again, I encourage members to challenge their officers appropriately and robustly.

The public expect high standards of conduct from local authority members, and the vast majority of local authority members conduct themselves in an entirely appropriate manner. Across our country, they work fantastically hard for their communities. There is simply no point in a local authority needlessly imposing a burden of bureaucracy on itself. Councils now have the opportunity to free themselves of the Standards Board regime and make a fresh start free of complicated codes of conduct and resource-intensive arrangements for complaint handling. This opportunity is too important to miss, and I hope that they will take advantage of it, guided particularly by the comments made in this debate. I congratulate my hon. Friend the Member for Bromley and Chislehurst again on securing the debate, which is welcome and, I hope, helpful for local authorities and councillors across this country.

Philip Hollobone Portrait Mr Philip Hollobone (in the Chair)
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I thank all Members who have taken part in this most interesting debate, and I congratulate Mr Neill on securing it. I am afraid that we will have to contain our anticipation of hearing Mr Bellingham until the Minister arrives at 4 o’clock.