(10 years, 1 month ago)
Commons ChamberIf the Bill was really about social action, responsibility and heroism, those sorts of measures would be in it, but clearly it is not.
Let me remind the House of the conclusions of the Government’s own inquiry, which the Justice Secretary referred to, but not fully. Lord Young of Graffham, in his 2010 report, concluded:
“The problem of the compensation culture prevalent in society today is, however, one of perception rather than reality.”
There we have it, from the Government’s mouth: it is a perception, not a reality. The report goes on to highlight:
“One of the great misconceptions, often perpetuated by the media, is that we can be liable for the consequences of any voluntary acts”.
The report then refers to advice given to people in the winter of 2009 about not clearing snow from the front of their houses in case someone slipped and sued them. The Lord Chief Justice said that he had never come across someone being sued in those circumstances, yet the Justice Secretary has wilfully reported that old chestnut in articles he has written before today. I am happy to give way if he would like to intervene and list the occasions since 2010 when such incidents have occurred. No? Well, there we have it. His silence is telling, as he knows there are no such cases.
If the Justice Secretary’s point was that the threat of litigation is putting people off clearing snow, the Bill will do nothing to address that. In fact, the MOJ’s own statistics show that the total number of money claims in civil courts has been following a downward trend in recent years, rather than going up. In any case, the Bill deals with cases that have already reached the courts, so nothing in it will reduce the prospect of being sued. It will not reduce, as he describes it, the “stress and strain” if someone is sued.
Instead of preparing this Bill—the hon. Member for Ruislip, Northwood and Pinner asked this question—the Secretary of State’s energies, and those of his officials, would have been better spent rebutting some of the myths about negligence and health and safety. That would have been a better way of tackling the fear of litigation, given that the likelihood of a negligence claim is pretty small. In fact, that was the advice of Lord Dyson, the Master of the Rolls. In a speech entitled “Compensation culture: Fact or fantasy?”, he argued that the perception of a compensation culture
“is not however as grounded in reality as had been suggested.”
He also suggested:
“All of this may also require a substantive educative effort on the part of government, the courts and the legal profession to counter-act the media-created perception that we are in the grips of a compensation culture. It may also require greater public legal education.”
Perhaps that education should have begun with the Justice Secretary.
I have already welcomed the Minister for Policing, Criminal Justice and Victims to his new post and congratulated him on his promotion. I am sorry that he is not here to share the joys of the Bill with his line manager, because in his previous job at the Department for Work and Pensions he understood exactly the importance of exploding myths about health and safety. In January, in answer to a question from my hon. Friend the Member for Liverpool, Walton (Steve Rotheram) on health and safety, he said that
‘it is very important that health and safety is taken seriously in the workplace and in public areas. Right across the Christmas period, I went public about the need to ensure that Christmas was not spoiled by stupid comments, and stupid local authorities saying, ‘We shouldn’t do this or that’—throw snowballs, or have Christmas trees in certain areas—‘because of health and safety.’ That is wrong, and it has nothing to do with health and safety; it is an insurance risk.’—[Official Report, 13 January 2014; Vol. 573, c. 579.]
I hope that although the Minister is absent today he will be able to import some of his common sense into the current MOJ team. After all, as drafted, this Bill will not help. The Government are seeking to legislate to deal with how we perceive risk, real or otherwise. If he were serious, the Justice Secretary would tackle the misconceptions about the risk of being sued, but that is a trickier task that he has chosen to duck.
In introducing this Bill, the Justice Secretary said a lot about how it will protect the responsible employer. That prompts this question: where are the dozens of examples of courts having had a case before them where an employer has done the right thing and an employee has not, and yet they have found for the employee? There are no examples of such cases. He talked about members of the emergency services not going to someone’s rescue in case they breach health and safety rules. Will he tell the House what representations he has received from the fire, ambulance, police and coastguard services in support of that contention? Silence again.
I would like to pick up an important legal point. The Bill seems to conflate health and safety and negligence cases. The former are usually strict liability and the latter are not. That confuses civil liability with criminal liability.
I think I know how the right hon. Gentleman will respond to this point, but, for clarity, I am going to put it anyway. There have undoubtedly been cases, have there not, where policemen have said, for example, that they were not prepared to pull an apparently drowned victim out of a pool for fear of not being suitably qualified to do so? Is he saying that some measure other than this Bill will try to prevent that in future? Such cases clearly do exist, as they are widely reported to a horrified public.
I have great respect for the hon. Gentleman, but he was not in the Chamber when I referred to the Master of the Rolls. We need to make sure that employees who do not know the position are educated and told the position, and that those who are not properly trained are properly trained. Debating a three-clause Bill today, and even passing it in the next few months, will not make a jot of difference. We need to make sure that the public and those who work in the emergency services are better educated and know what obligations and duties are placed on them, without the risk and fear of litigation.
Let us be clear: this Bill is targeted at negligence and not at health and safety at all. When the Justice Secretary claims, as he does, that his Bill will
“finally slay much of the ‘elf and safety’…culture”,
he must be honest about the fact that he is being disingenuous, to say the least. If this Bill were really about health and safety, he would be telling the House about the conversations he has had with the Health and Safety Executive and its views on the necessity for such legislation. Again—I think for the seventh time—I will happily allow him to intervene on me to update the House on those conversations with the Health and Safety Executive. Silence again.
We will use the Committee stage of the Bill to scrutinise in more detail its ramifications, both intended and unintended, because it might end up having the opposite effect to that which the Justice Secretary wants. A single act or omission is all that is needed to be negligent. That act or omission might be so serious, causing injury, pain or even death, as to outweigh any amount of good behaviour. He likes talking about hypothetical situations, so what about this one? You are the parent of a child. Would you want them to go on a trip knowing that if they are injured owing to a fault on the part of the school, youth club or scouts, they will not get compensated? The Bill creates the impression that this is the Government’s intention. Or this one: the chairman of a local football team cuts corners when vetting volunteer coaches working with children in the belief that he is protected by the law because in providing coaching for children, he is, to quote clause 2,
“acting for the benefit of society”.
The ramifications of this Bill are that children risk being more exposed to risk. Is that the Government’s intention in introducing it?
If that is not the Government’s intention, this three-clause Bill will not make any difference to the current state of play, as the former Solicitor-General made clear in his intervention. When assessing negligence claims, courts already take into account whether somebody is doing something for the benefit of society, as is recognised by the impact assessment of the Ministry of Justice. That is why organisations have insurance. Although they may be defendants in a claim, they would not be financially liable and their insurer would pay out.
That leads me on to another point. It is interesting that the impact assessment states:
“Insurers and other defendants may gain from slightly reduced aggregate compensation paid and this may feed through to lower insurance premiums.”
However, there is no attempt whatsoever to quantify that, and nor is there any undertaking from insurance companies that it will be passed on to customers—all of which leaves us questioning whether any of that will actually happen in practice, or will insurance companies just end up with higher profits? We all know, by the way, that those companies have donated millions of pounds to the Conservative party’s coffers over recent years.
The House must also steel itself for the inevitable last-minute tabling of a slew of Government new clauses and amendments. The Justice Secretary has a very bad habit of doing that. Such proposals get a cursory amount of scrutiny at best, but they are designed to get the good media hit he so craves and to raise a cheer from his beleaguered Back Benchers. We are very alert to the possibility of new things being added to the Bill at later stages.
Short though today’s Second Reading debate will be, given the paucity of Government speakers, it would be helpful if the Justice Secretary could provide a number of reassurances. Will he reassure us that the Government have no intention of watering down the duty on businesses, particularly small firms, to take out employers’ liability insurance, and that there are no plans to make individual employees take out their own insurance as an alternative to employers’ liability insurance?
(11 years, 5 months ago)
Commons ChamberAs the hon. Gentleman will know, this is an extension into civil actions. He is talking about special immigration appeals hearings, but I am talking about something very different: when one party is suing the Executive—the Government—for damages. Historically, the Government could press the “eject” button, but for the reasons given by the Minister and my right hon. Friend the Member for Salford and Eccles (Hazel Blears), we do not want damages to be paid where a case could be exhausted and there could be a resolution of the disputes. That context is very different from one in which somebody’s immigration status is being considered.
My question is also to do with the right hon. Gentleman’s concept of the last resort. I think he would accept that one of the reasons why we are enacting this Bill is to avoid an unpalatable situation. People who we might know from secret sources, which we cannot expose in public, to be closely involved in terrorism have been able to sue and walk away with £500,000, £1 million or more. That is what is behind the provision.
It will always be open to the Government to pay the money and thus avoid the action. Will the right hon. Gentleman’s criterion of the last resort mean that we can go for a closed material procedure to avoid having to pay out the money unjustifiably or that we will have to carry on doing what we are doing at the moment—rather than exposing secret sources or techniques, paying out a lot of money to potentially very dangerous people?
Order. I ask hon. Members to make shorter interventions, although I know it is important to get things on the record.
(12 years, 7 months ago)
Commons ChamberI thank my hon. Friend for his intervention. He is right to remind the House that in 2002, when individual electoral registration was introduced in Northern Ireland, there was a huge fall of 11% in the number of people on the register. I hope that this Government, like the previous Government, have learned the lessons of those changes. I shall come to that point shortly, if he will allow me.
This is a genuine inquiry: will the right hon. Gentleman inform the House whether a significant proportion of that 11% subsequently rejoined the register, or whether very few did, which would suggest that the 11% were not entirely genuine in the first place?
As ever, the hon. Gentleman raises a good question. The evidence from the experts is that of the 11% who were taken off the register about 5% should not have been on there. There has been increased integrity in the Northern Irish system but there has also been continued instability. Those who were originally taken off but should not have been have not come back on as quickly as we would have hoped. One reason for that was that there was not the carry forward—but I shall come to later.
To be fair to the Deputy Prime Minister, he has already confirmed one concession—that the Government are minded not to pursue the so-called opt-out, which would have allowed people effectively to exclude themselves permanently from the electoral register. We welcome that and are looking for more movement from the Government. In that spirit, we have called this debate—so that the Government can hear, at a relatively early stage in the process, some of the concerns that experienced colleagues on both sides of the House have about the Bill.
I remind the House that it was the previous Labour Government who legislated to introduce individual voter registration, with cross-party support. The Political Parties and Elections Act 2009 made provision for the phased introduction of a system of voluntary individual registration up to 2015 and compulsory registration thereafter. The full and final move to an individual voter registration system would not take place until after 2015, the intention being to pace the transition, allowing the Electoral Commission to monitor registration levels adequately and guarding against any adverse decline in the size of the roll. There was genuine cause for a cautious, phased introduction. My hon. Friend the Member for Alyn and Deeside (Mark Tami) has already referred to the Northern Irish experience, but when Northern Ireland shifted to individual voter registration in 2002, there was an 11% drop in the size of the electoral roll. In the aftermath of that dip, lessons were learned from Northern Ireland’s experiences which were built into our phased approach, complete with safeguards.
The 2009 Act received cross-party support. The individual voter registration provisions—in particular, the timetable and the phased introduction—came in for particular praise. The hon. Member for Epping Forest (Mrs Laing), who now sits on the Select Committee on Political and Constitutional Reform, but who was then the Conservative shadow Minister, said:
“I am very pleased to have the opportunity to put it on the record once and for all that we agree with the Government that the accuracy, comprehensiveness and integrity of the register and…the system is paramount. That is one of the reasons why we will not oppose the timetable the Minister has suggested this evening…the Electoral Commission, electoral registration officers and others who will be involved in the implementation of the Government’s current plans are concerned that this should not be rushed, but taken step by step to ensure that the integrity of the system is protected”.
She also made a commitment that
“any future Conservative Government would never take risks with the democratic process. They would take absolutely no risks with the integrity or comprehensiveness of the register or with its accuracy.”—[Official Report, 13 July 2009; Vol. 496, c. 108-109.]
The then Lib Dem spokesperson, the former Member for Cambridge, David Howarth, said:
“I do not think that anybody was suggesting that the timetable be artificially shortened, or that any risk be taken with the comprehensiveness of the register.”—[Official Report, 13 July 2009; Vol. 496, c. 112.]
I am afraid that some of this Government’s proposals renege on the cross-party support for the 2009 legislation, raising suspicions—fairly or unfairly—about the motives behind the shift in policy. Somehow, during that frenzied period of coalition building in 2010, the coalition agreement conjured up a specific commitment on individual voter registration, saying:
“We will reduce electoral fraud by speeding up the implementation of individual voter registration.”
That expediting of the process was new, having been in neither of the coalition parties’ manifestos.
(13 years, 1 month ago)
Commons ChamberI believe in a fully elected House of Lords. It is right and proper in this day and age that both Houses of Parliament are directly accountable to the electorate. I would like to remind the House where Labour stood on Lords reform at the general election. Labour’s manifesto stated:
“We will ensure that the hereditary principle is removed from the House of Lords. Further democratic reform to create a fully elected Second Chamber will then be achieved in stages.”
The Deputy Prime Minister has often suggested that the best is sometimes the enemy of the good—he used the phrase today—as justification for the proposals contained in the draft Bill presented to Parliament, which falls short of his own party’s manifesto commitment, but I feel very passionately that there is a principle at stake, the fundamental principle of having a 100% elected upper House. That is the right and proper outcome, and one which will deliver the democratic system that the people of this country deserve.
Does the right hon. Gentleman not accept that the single most important function of our second Chamber is the revision and improvement of legislation? If we remove hundreds of people who are experts in their field and substitute them with hundreds of professional party politicians, what will make the latter better qualified to revise legislation in that Chamber than we amateurs are in this Chamber?
I do not think that the second point necessarily makes the first point impossible; it is possible to have a second Chamber that is a revising Chamber and for all its Members to be elected. Of the 61 other bicameral Parliaments, none has an appointed upper Chamber. All of them are elected and seem to be doing a pretty decent job.
I am concerned that in other areas of constitutional change the Government have shown themselves willing to be less principled and more partisan. For example, we will see the number of MPs reduced from 650 to 600 at the next election, with no evidence for why we should lose 50 Members, which will simultaneously increase the power of the Executive. We have had 117 new unelected peers appointed to the House of Lords since last May, with more promised. Each peer costs £108,000 a year—we can all do the maths. There are now almost 830 unelected peers in our Parliament. We have seen boundaries re-fixed according to out-of-date electoral data that exclude 5 million eligible voters. We have seen Parliaments fixed at five-year terms, which was mentioned by neither coalition partner before the election, but is now mysteriously favoured by both. We have seen the political fudge of establishing a commission on a Bill of Rights, papering over the cracks between the coalition partners on human rights, and we have seen a failed referendum on the alternative vote. Those are some of the reasons why those of us who should be the natural allies of the Deputy Prime Minister’s plans to reform the House of Lords are suspicious of his plans and of him.
(13 years, 9 months ago)
Commons ChamberI welcome the Deputy Prime Minister to the Parliamentary Voting System and Constituencies Bill. He may have missed the contribution made by the hon. Member for Epping Forest (Mrs Laing), who reminded us that the first and only time that he graced the Chamber with his presence was on Second Reading on 6 September 2010. He reminds us of Alfred Hitchcock in those classic films in which he has a walk-on part and then comes back at the end for a bow. However, unlike Hitchcock, the right hon. Gentleman brought a posse with him for fear of being lynched—lynched by either that lot, the Liberal Democrats, or that other lot, the Conservative Back Benchers, never mind us lot in the Opposition.
Ironically, the Deputy Prime Minister, who was so keen on this Bill and who directed it, has made no attempt to play a role in it. The real reason, of course, is that he is not the architect. The architect is his chum the Prime Minister, who has just walked out, now that he has seen that his friend is safe.
As the right hon. Gentleman is less than overwhelmed by the prospect of this Bill, would he care to say which Hitchcock film he has most in mind? Is it “Vertigo”, “Sabotage” or “Psycho”?
It is all the films that have a bad ending. Most right hon. and hon. Members will agree—some publicly and others privately—that as things stand, this is a deeply unsatisfactory piece of legislation. It has its genesis in the party political horse-trading that characterised the coalition talks and which is all too evident. I remind the House and those in the other place of what this Bill means unless the other place overturns some of the clauses passed here: a referendum on AV on 5 May 2011, which was not in the manifesto of either of the coalition parties, so there is no mandate for it; a reduction of elected Members in this House from 650 to 600, which was not in the manifesto of either coalition party, so there is no mandate for it; the abolition of public inquiries for boundary commission proposals, which was in neither of the coalition parties’ manifestos, so there is no mandate for it; holding the next general election with new boundaries based on purely mathematical formulae, save for two exceptions, of 600 seats, which again was in neither of the coalition parties’ manifestos, so there is no mandate for it.
We will soon have before us a new Bill that will set in stone the date of the next general election—5 May 2015. Once again, that was in neither of the coalition parties’ manifestos and there is no mandate for it. The Prime Minister and his chum, the Deputy Prime Minister, will sell these reforms in public as democratising measures that herald the dawn of a new politics. Behind closed doors, however, they offer a different rationale, as was revealed by the hon. Member for Cities of London and Westminster (Mr Field). On the day of Second Reading—the last time the Deputy Prime Minister came to this Chamber for this Bill—the hon. Gentleman said that
“the current proposals for AV and the reduction in number of parliamentary constituencies are being promoted by party managers as an expedient way to prevent our principal political opponents from recapturing office.”——[Official Report, 6 September 2010; Vol. 515, c. 47.]
I know that the Whips have kept the hon. Gentleman out of the Chamber this evening.
This Bill is the product of a straightforward political bargain. In exchange for a referendum on the alternative vote, which the Conservatives opposed, the Liberal Democrats signed up to a review of constituency boundaries that the Conservatives favoured. As such, it has come to be regarded by the leadership as an unalterable document that must be accepted totally and unquestioningly.
(13 years, 10 months ago)
Commons ChamberI pay tribute to the serious contributions made in the first few speeches. Even if things do not turn out how those hon. Members would like this evening, I am sure that colleagues in the other place will read their speeches with great interest when they come to decide on the future of this Bill.
I relish my new role and the prospect of working with the coalition Government and, in particular, with the Deputy Prime Minister and the Parliamentary Secretary, both of whom are clearly committed to an agenda of reforming the Government’s political programme and strengthening our democracy. However, I am disappointed that the Deputy Prime Minister is not here. I appreciate that he has other important things to do, but it is ironic—this draws on a point made by the hon. Member for Grantham and Stamford (Nick Boles)—that the biggest proponent and advocate of the alternative vote is not here to talk about it.
The hon. Member for Harwich and North Essex (Mr Jenkin) is right that the burden should be on those of us who want AV to prove the case to the British people, first, that they should be motivated sufficiently to turn out on a separate date and vote on AV and, secondly, that they should vote yes in the referendum. I am disappointed, therefore, that the Deputy Prime Minister is not here. He is the great reformer, and his not being here sends, I am afraid, all the wrong messages to those of us who want to join him in changing how we vote in the House of Commons.
Those of us who do not want AV under any circumstances are actually rather heartened by the fact that, apart from Liberal Democrat Front-Bench Members, who perhaps have to be here, there are only two Liberal Democrat Members—albeit very distinguished ones—favouring this stage of the debate with their presence.
The hon. Gentleman knows all about conspiracy theories, and there will be people around the country with their own conspiracy theories about why so few Liberal Democrat Members are here.
The Bill has some positive aspects. In particular, some of us think that the proposals for a referendum on the voting system are good ones, but unfortunately we have concerns, as we will discuss, that other aspects of the Bill will do much to undermine, rather than enhance, British democracy. I am afraid that those aspects appear to be the product of narrow party interests, and given how the Bill has been drafted, there is a danger that those of us who would otherwise have supported it, and who ordinarily would have been allies of those on the coalition Front Bench and the Deputy Prime Minister will be forced to oppose it. The Committee has the opportunity to iron out those flaws so that the legislation can be made to support the high ideals of constitutional reform in the national interest, to which the coalition aspired only five months ago.
The starting point for today’s debate is clause 1, which, as was explained by the previous two speakers, stipulates that a referendum on moving to the alternative vote system for parliamentary elections “must” be held on 5 May 2011. As has been said by the chuntering hon. Member for Somerton and Frome (Mr Heath), the Committee will know that only one party—the Labour party—went into the last election with a manifesto commitment to hold a referendum on moving to AV. That commitment was made after an attempt by the then Labour Government to legislate for such a referendum earlier this year through the Constitutional Reform and Governance Act 2010. Unfortunately, however, those provisions were blocked by Conservative peers in the unelected House of Lords—so the conspiracy theory about why the Deputy Prime Minister is not here will continue. Furthermore, I am happy to note—and put the record right—that clauses providing for a referendum had previously been passed by a substantial majority thanks, in part, to the support of Liberal Democrat Members, one or two of whom have bothered to be here today while we discuss clause 1 of this great reforming Deputy Prime Minister’s Bill.
It is right to give the people a choice between the first-past-the-post and the alternative vote systems. AV is, like first past the post, a majoritarian system that maintains the single Member constituency link. However, it offers voters the ability to express a greater range of preferences than does first past the post, and that element has, arguably, become more salient in recent years, with the resurgence of multi-party politics in the late 20th century. AV is also more likely to secure the return of Members of Parliament with the preferences of more than 50% of electors. However, the strength of that likelihood varies depending on the form of AV used. It should be noted—I am sure that colleagues are aware of this—that the system proposed in the Bill allowing voters to express as many or as few preferences as they like would not guarantee the return of every Member with the preferences of more than 50% of electors. None the less, the voluntary model of AV on offer here could increase the legitimacy of the electoral process.
I would not bet the farm on it. One of the depressing aspects of the debate, being a touch more serious for a moment, is that we are debating the proposal only because it is a Lib Dem self-interested obsession. Liberal Democrat Members have not even had the guts to come here in any significant numbers to speak up for those policies on which they insist. They are the originators of this mischief, and they are now doing the Cheshire cat act and letting my hon. Friend the Parliamentary Secretary have the sticky end of the wicket trying to defend the indefensible.
Some of us are advocates of AV and would campaign for a yes vote. Does the hon. Gentleman appreciate how let down we feel that the actions of the Deputy Prime Minister make it difficult for us to coalesce a campaign and get support for a yes vote, because on the day of the referendum candidates will be standing on the Liberal Democrat ticket? That will make it very difficult for us to canvass in the days and weeks preceding the elections. It pains me to say this, because I was looking forward to working with the Minister and the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper) on other issues, but our ability to do so has been hindered by the way in which the Bill has been drafted and the proceedings on it have been conducted.
I shall give a slightly pragmatic answer. Frankly, as long as hon. Members on both sides of the House work for whatever reason one way or another to defeat such an unwelcome change in our electoral system, I for one shall be extremely happy.
Liberal Democrats are not known for their consistency, and that was well illustrated by the shadow Secretary of State when he revealed something that I did not know: that the Deputy Prime Minister previously opposed in principle holding a referendum on the same day as a general election. At least there would be some sort of level playing field if a referendum were on the same day as a general election. What is so iniquitous about this proposal is that all sorts of elections will be held on the same day in different parts of the country using different systems; and in some parts of the country no elections will be held at all. That is unfair and discreditable. I believe that the idea of the differential turnout was part and parcel of the scheme for proposing the coincidence of dates because it was believed that it would help achieve a yes vote.
We had a lively exchange earlier about whether the coincidence of dates would help the yes vote or the no vote, but the most important thing is not that it might help one side or the other. The important thing is that, if an issue is vital enough to warrant a referendum, it is essential that that referendum should not be adulterated by party political cross-cutting issues on the same day.
One reason why political coalitions in peacetime generally do not have good reputations is their propensity to do dodgy deals behind closed doors. This proposal is the outcome of such a deal. It is intellectually and morally indefensible. It will not be a pleasure to vote for the first time today against my party leadership on an issue of principle. I hope that I will not be wasting my time and that people on the Government Benches will find it in their hearts to do a good deed today and put maximum pressure on the Government to abandon a thoroughly dishonourable bit of political fixing. I wish I could think of some other words to describe it, but I cannot. This is what happens when parties get together and start tinkering with the rules of the game. We may play on different sides in the game, but we ought to respect the rules. The proposal to hold the referendum on the same day as differential party political elections is an attempt to bend the rules, and we should have no part of it.