Charitable Registration

Robert Halfon Excerpts

Tuesday 13th November 2012 Westminster Hall

[Fiona Bruce]

I absolutely agree. Some smaller Christian denominations are seriously concerned. I know who they are, but they do not wish to be named for obvious reasons. There are hundreds, if not thousands, of independent free Churches that potentially also have cause for concern but, incidentally, do not have the resources to appeal, as the Brethren have, to the tribunal.

[Robert Halfon (Harlow) (Con)]

I congratulate my hon. Friend on securing this debate. She is always a fighter for justice in the House. My hon. Friend mentioned resources, but is she aware that, to fight the case at the tribunal, the Brethren are having to spend hundreds of thousands of pounds that they could otherwise use for charitable activities?

[Fiona Bruce]

Yes, my hon. Friend is absolutely right. It is all right for the Charity Commission or others to say, “Oh, you don’t have to be legally represented before going to the tribunal,” but the case is of immense importance. Not to have legal representation when, of course, the charity commissioners are legally represented would at least be unwise.

--- Later in debate ---

[Robert Halfon (Harlow) (Con)]

It is a pleasure to serve under your chairmanship, Mr Dobbin. I congratulate my hon. Friend the Member for Congleton (Fiona Bruce) again on making an absolutely brilliant case. We have already heard the detailed history of that case, and I have just two substantive points to make, because I am conscious of the fact that other Members want to speak.

First, from what I have seen of the Brethren in my constituency, they do work for the public benefit, and their meetings are open to non-Brethren. Secondly, what we need from the Charity Commission is consistency: we cannot have a situation in which some charities are seen as more equal than others.

As hon. Members know, I am not a Christian; I am of the Jewish faith. I do not even have a Brethren gospel hall in my constituency, but, my goodness, I have seen the work the Brethren do, and I wish I had one, I really do. The charitable work they do is quite remarkable, as are the food days, and I have seen that just over the border, in the constituency of my hon. Friend the Member for Broxbourne (Mr Walker). We should pay tribute to that.

In their submission to the Public Administration Committee, of which I am a member, the Plymouth Brethren said:

“In accordance with our beliefs…we practise separation. This is based in a moral distinction between right and wrong…It means that Brethren will, as a matter of conscience, mix socially and by association with other Brethren. However, it would be wrong to assume that Brethren do not take their place in the local community…we live as normal members of the community and take an active part in community life.”

As I said, I have seen that. In the Committee, the Brethren made the important point that the High Court confirmed the charitable status of gospel halls in case law in 1981. Because of the problem that the 2006 Act created, as has been described, charities are now bearing the cost of deciding the same question. The reason, as my hon. Friend set out, is the words “public benefit”. On its website, the Charity Commission states that public benefit must be identifiable, balanced against any harm, appropriate to the charity’s aims, and not “unreasonably restricted” in a way that for example might prevent some people from benefiting from the charity’s work. To take the example that I just mentioned, surely giving out hot meals to the hungry passes all the Charity Commission’s public benefit tests. That is what the Brethren do on a regular basis.

As the hon. Member for Ealing North (Stephen Pound) said, he and I and my hon. Friend the Member for Congleton met William Shawcross last week and we have written to him with a list of all the works to which the Brethren are committed. To be fair, Mr Shawcross is a new appointment and I welcome the Minister’s efforts to appoint someone of high calibre and independence. I suspect that when he looks at the matter closely, he will be just as baffled as we are that a small Christian community, which is open to the public and distributes Bibles and hot food to people on the breadline, has had its charitable status revoked. As I mentioned, the Brethren have now had to spend several hundred thousand pounds fighting that discrimination. That is outrageous: it is why I am here today, and why I have worked with my hon. Friend the Member for Congleton and have tabled an early-day motion. What happened is completely unjust and cannot be right. Parliamentarians must do something about it.

Secondly, if Charity Commission officials are going to force more religious charities into the tribunal process, we need consistency. For example, there are recent cases of charities that have retained their status despite alleged links to terrorism. A few weeks ago, The Guardian reported that the Al-Muntada trust fund had been accused of passing money to a militant Islamist group in Nigeria. At the other end of the spectrum, there is a rainbow of niche charities, whose public benefit some will struggle to see. For example, as has been mentioned today, the Druid Network exists for “Informing, Inspiring and Facilitating Druidry as a Religion”. Members can make up their own mind about that. I have no problem with charitable status for Druids, but let us have some consistency. Why have the Brethren been singled out from all the religious organisations? What about the “Earth and Space Foundation”, which offers cash to scientists if they research “environmentalism in outer space”? I do not pass judgment on those organisations, but how can their activities be charitable if a community Brethren hall that hands out food to the homeless and does good work, serving the community, is not? The public benefit test must be consistent and the Minister should examine that. Either that, or Parliament should repeal the 2006 Act as has been suggested.

I am going to call a spade a spade. I believe that there is something rotten in the Charity Commission. I cannot understand why the Brethren, good people who do so much in their communities, have been singled out. I believe an inquiry is needed into the role of the Charity Commission to consider how it came to make the decision, and to publish all the e-mails and correspondence —everything that led to the decision, to enable us to understand why the Brethren were singled out. I, like other hon. Members, have received correspondence from Christian groups in my constituency; they express fear about what the Charity Commission is doing. They are worried about a ratcheting effect towards secularisation, and I wonder if a hidden agenda is at work in the Charity Commission.

The commission’s decision also puts the tax status of hundreds of charities in doubt. The Brethen are trying to deal with Her Majesty’s Revenue and Customs on the question of how each hall should communicate with its donors—thousands of people making donations with gift aid declarations, and making claims with their self-assessment returns. The charities do not know what to tell them. What has happened is unjust and inconsistent and is creating fear in many churches, not just in Harlow but across the country.

Finally—and I say this as a Jewish person—the Brethren were tragically persecuted by Hitler in the second world war and suffered terribly in Nazi Germany. That is all the more reason, given what they have gone through, why we, as an open, tolerant and decent society, in a country that I am proud to live in, should ensure that the Brethren are treated properly and get the charitable status they deserve.

[Several hon. Members]

rose—

Oral Answers to Questions

Robert Halfon Excerpts

Wednesday 7th November 2012 Commons Chamber

[Mr Letwin]

My hon. Friend is absolutely right that there is a big difference. We must consider every measure we can to ensure that there is full transparency. In this case, there was transparency—the information can be seen on the register of the House and was fully reported to the permanent secretary and the Cabinet Office.

[Robert Halfon (Harlow) (Con)]

3. What recent estimate he has made of the number of apprentices working in the supply chains of central Government departments and their agencies.

[The Minister for Government Policy (Mr Oliver Letwin)]

I am conscious of the enormous work that my hon. Friend has done to promote apprenticeships. I believe that he recently launched the apprentice card, which is a huge innovation, and I think that he is the first ever Member of Parliament to have a parliamentary apprentice. The whole House owes him gratitude for that. We do not hold figures for the total number of apprenticeships across the supply chain of Government, which is obviously vast, but we have taken action to boost apprenticeships across British business as a whole, with 500,000 additional apprentices this year.

[Robert Halfon]

Since 2011, the Department for Work and Pensions has gently encouraged, through procurement, its private suppliers to hire apprentices. As a result, 2,000 apprentices have been hired. Is there anything the Cabinet Office can do to roll that out across Whitehall?

[Mr Letwin]

My hon. Friend is right that the DWP has managed to get almost 2,000 apprentices into its supply chain through its procurement practices. The Cabinet Office fully supports such schemes where they are appropriate and consistent with providing value for money. We encourage Departments to take forward proposals that are consistent with providing value for money.

Oral Answers to Questions

Robert Halfon Excerpts

Wednesday 5th September 2012 Commons Chamber

[Mr Maude]

The public can already carry out a number of functions and transactions relating to the DVLA through the post office network, and the DVLA has one of the best online applications for renewing car tax, but we are looking, with my right hon. Friend the Secretary of State for Transport, at how it can be further modernised to improve service and save more money.

[Robert Halfon (Harlow) (Con)]

T8. In July 2011 the Department for Work and Pensions introduced a new standard contract that encouraged its suppliers to hire 5% of their work force as apprentices. A year later, more than 2,000 apprenticeships have been created, at no extra cost to the Government. Is the Minister aware that rolling that out across Whitehall will create thousands of new apprenticeships?

[Mr Hurd]

My hon. Friend makes a good and valid point. This Government have a proud record on creating apprenticeships. Our position is not to put a blanket condition on Departments, but to encourage them to take an innovative approach, such as the one he mentions in the Department for Work and Pensions.

Prime Minister’s Adviser on Ministers’ Interests

Robert Halfon Excerpts

Tuesday 17th July 2012 Commons Chamber

[Mr Jenkin]

I imagine that any Minister who pressed the Prime Minister for referral should be granted one; however, it might be granted or it might not be—it is a matter for the Prime Minister. That is that. I do not know what a Minister who wanted to be referred would do if the Prime Minister refused that; I think he would just have to lump it.

[Robert Halfon (Harlow) (Con)]

It is a privilege to serve under my hon. Friend’s chairmanship on the Public Administration Select Committee. Will he confirm that, although the report recommends that the Prime Minister’s adviser should be independent in making the decision, he will nevertheless operate under a clear set of guidelines to help him make that decision?

[Mr Jenkin]

I think the guidelines are the ministerial code, and it should be for the adviser to determine his own process, but it is perfectly reasonable for the Government and the Prime Minister to insist that the adviser has a quick process to establish prima facie cases and decide whether they are worthy of further investigation rather than go into the full process straight away. I can understand the Prime Minister being reluctant to refer cases to Sir Philip Mawer, who had established a very long, tortuous and indisputably fair process, but not one that could be quick under the pressure of political events as required.

--- Later in debate ---

[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—

--- Later in debate ---

[Mr Hurd]

The hon. Gentleman gives me an opportunity to discuss the issue of whether Sir Alex is independent enough, which featured in the thrust of the argument from many hon. Members.

[Robert Halfon]

Following on from the point made by the hon. Member for Foyle (Mark Durkan), does my hon. Friend agree that to solve this problem the ministerial code should be ratified by Parliament?

[Mr Hurd]

I thank my hon. Friend for his intervention and for his suit, which has enlivened proceedings today.

In the time available to me, I wish to make a comment about the issue of the independence of Sir Alex Allan, because it has been suggested that he is not independent enough or even that he is perhaps not up to the job, having only just retired from a senior role at the heart of government before taking up the role. As I have said, this is a personal appointment by the Prime Minister of the day. A number of qualities are required for the job. In particular, the independent adviser needs to be somebody whose expertise and experience enable them to provide confidential and trusted advice to Ministers and their permanent secretaries. It is our judgment, and the judgment of the Prime Minister, that Sir Alex Allan has that experience, as well as the necessary skills and judgment to make him ideally suited for the role.

In conclusion, today’s debate has shown the range of views on the issue. I hope that we have made it clear that the Government treat issues of ministerial conduct with the utmost seriousness. The Government will reflect carefully on the points made in this debate, and will reflect on them in our response, overdue as it is, to the Public Administration Committee report. That response will be published shortly.

EU Council

Robert Halfon Excerpts

Monday 2nd July 2012 Commons Chamber

[The Prime Minister]

My hon. Friend makes a very good point. Europe is changing rapidly and, as I have argued, quite fundamentally, but some of the institutional changes will take quite a long time to come through, because it is difficult for democratic states to achieve what the eurozone countries are engaged in. It will take time, which is why, as I have said, we need the tactical and strategic patience to maximise our national interest.

[Robert Halfon (Harlow) (Con)]

I welcome the fact that my right hon. Friend has opened the door to a referendum on substantial renegotiation. Will he resist EU regulations on biofuels, which are pushing up prices at the pumps for hard-pressed motorists?

[The Prime Minister]

One question about biofuels is their sustainability—that might be what lies behind my hon. Friend’s question, but I will have a careful look at it.

Civil Service Reform

Robert Halfon Excerpts

Tuesday 19th June 2012 Commons Chamber

[Mr Maude]

All the evidence suggests that without some, by its very nature, relatively arbitrary way of ranking performance, we will not get the focus on dealing with poor performance. I do not take a simplistic view of poor performance that suggests that anyone who is underperforming should immediately exit the civil service because the first thing that should be done is to provide proactive support and development of the individual to get them to improve. If that does not prove possible, then it is not right and it is not fair to the rest of the civil service, who work hard and are dedicated, to see the civil service’s reputation pulled down by those who are consistently underperforming.

[Robert Halfon (Harlow) (Con)]

When looking at civil service reform, will my right hon. Friend continue to ensure the curtailing of millions of pounds of taxpayers’ money spent on civil service management conferences? Will he also curtail the huge spending on expensive head-hunters by civil service departments, often staffed by former senior civil servants themselves?

[Mr Maude]

Spending on all those things has massively reduced since the coalition Government were formed. We can often do these things much more effectively. Management-type conferences, away-days and all that sort of thing now take place largely in the Government’s own property at much lower cost. It is sometimes necessary to use head-hunters to do particular recruitments, but this should be the exception rather than the rule.

Oral Answers to Questions

Robert Halfon Excerpts

Wednesday 13th June 2012 Commons Chamber

[Mr Hurd]

Ultimately, that is a matter for the devolved Administrations, but the hon. Lady is right: Big Society Capital has been set up to be available to charities and social enterprises throughout the UK. The investment and contract readiness fund—£10 million of grants—is available to charities and social enterprises in England which want to make themselves more investment-ready, but the policy area is devolved and therefore a matter for the devolved Administrations.

[Robert Halfon (Harlow) (Con)]

Smaller charities say that they have a harder time accessing capital than the big “Tesco” charities. How can we ensure that the big society benefits the little society?

[Mr Hurd]

My hon. Friend makes a very good point, which is particularly relevant and valid in small charities week. He is entirely right. Access to capital affects smaller charities more than larger ones, and that is one reason why within two years we have developed and established the world’s first social investment institution, Big Society Capital, which exists to make such capital much easier to access.

Party Funding

Robert Halfon Excerpts

Monday 26th March 2012 Commons Chamber

[Mr Maude]

The hon. Lady fulminates about the absence of the Prime Minister being the key point, but she knows that that is not the case. She knows that that is not what this is about. She should address the substantial issues, and I look forward to hearing her say that she will support genuine reform of party funding, which will have to address the issue of donations from the trade union movement to the Labour party. Will she do that?

[Robert Halfon (Harlow) (Con)]

If the former Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), ever turns up again to the House of Commons, will my right hon. Friend discuss this matter with him to ensure that members of the previous Government publish details of all their dinners, breakfasts and meetings with donors over the past 15 years?

[Mr Maude]

Should the former Prime Minister grace us with his presence again, no doubt we could have a go at engaging him on that. Somehow I doubt that.

Oral Answers to Questions

Robert Halfon Excerpts

Wednesday 21st March 2012 Commons Chamber

[The Prime Minister]

In terms of Budget submissions, that was definitely an example of early intervention. I praise the hon. Gentleman for the work that he has done. As he knows, we will be setting up the early intervention foundation, which will be funded to make the arguments that he has put very effectively, whichever side of the Chamber he has been sitting on, for very many years. I will certainly discuss this issue with my right hon. Friend the Chancellor. What we are trying to do is look at all the mechanisms we have, whether it is backing nursery education, introducing a pupil premium, making sure the early intervention grant is going up or actually putting the money in early to try to change people’s life chances before it is too late.

[Robert Halfon (Harlow) (Con)]

Q8. Is the Prime Minister aware that Harlow has the highest business growth in the whole of the United Kingdom, thanks to a Conservative council that is open for business and a Conservative-led Government who have invested in an enterprise zone, increased apprentices and cut taxes? Will the Prime Minister come to Harlow so we can show Britain how to lead the economic recovery?

[The Prime Minister]

Although I am in danger of being accused of watching too much television, I think we could summarise my hon. Friend’s question by saying, “The only way is Essex”. I know he speaks up for his county; what I would say is that I congratulate Harlow on its fantastic achievement. The Government want to play their part, not least with the enterprise zone in west Essex, which covers Harlow and which we hope will create 5,000 new jobs.

Points of Order

Robert Halfon Excerpts

Wednesday 29th February 2012 Commons Chamber

[Mr Speaker]

I am most grateful to the hon. Lady for her point of order, to the Prime Minister for his response to it and for this opportunity to set out the position. Let me say this for the benefit of the hon. Lady and the House: whether or not she is sponsored by Unite, and I emphasis whether or not she is—I am happy to accept that she is not if that is the factual position, because I do not know—[Interruption.] I do not need any help from a junior Government Whip—he would not know where to start—[Interruption.] The hon. Member for Lichfield (Michael Fabricant) says that he is a senior Government Whip—[Interruption.] I do not think that the Speaker has ever greatly cared about the level of seniority of Whips as far as that goes.

Whether or not the hon. Lady is sponsored by Unite, I emphasise that there is nothing wrong constitutionally in our arrangements with being sponsored by a trade union, so it is not an accusation. The matter is not—[Interruption.] Order. The hon. Member for Ealing North (Stephen Pound) is a man of magnificent qualities, but he is in no position to advise the Chair on what is or is not allowed. This is not—I repeat “not” for the benefit of the hon. Gentleman—a point of order for the Chair. That, as I often say, is the beginning and the end of the matter. The hon. Lady has put her concerns on the record.

[Robert Halfon (Harlow) (Con)]

On a point of order, Mr Speaker. Following my point of order with you on Monday about charges for the Clock Tower, do you have any information about whether Members will be given a vote on that very unfortunate decision to charge people to visit the House of Commons?

[Mr Speaker]

No, I have no such information, and I am afraid that it is not a point of order for the Chair. I have known the hon. Gentleman for over 20 years—probably nearer to 25—so I know what a tenacious terrier he is, but he must raise these matters in an orderly way. I think that we have got his point; he has got my response; and at least as far as today is concerned we will leave it there.

If there are no further points of order, we come now to the ten-minute rule Bill, for which the hon. Member for Wycombe (Steve Baker) has been so patiently waiting. It would be helpful if people going past him would do so quickly and, preferably, quietly, so that we can hear from Mr Steve Baker.