Thomas Cook

Debate between Shailesh Vara and John Bercow

Wednesday 25th September 2019 Commons Chamber

[Mr Speaker]

We cannot take points of order during a statement. Points of order will flow after either this statement or other statements at the discretion of the Chair.

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

The UK headquarters of Thomas Cook are based in my constituency. The collapse of the company has meant the loss of 1,200 local jobs. Our thoughts go out to all those people and to the thousands more across the UK who have been affected. Will my right hon. Friend join me in paying tribute to the many local organisations and companies that have come forward offering jobs to those who have been affected? The local newspaper, the Peterborough Telegraph, has been co-ordinating the activities. We have also seen acts of kindness. Peterborough United and Peterborough Phantoms, a local ice hockey team, are offering free tickets to those who have been affected. Does my right hon. Friend recognise that at this difficult time we need to appreciate and applaud the generosity that is coming through?

European Union (Withdrawal) (No. 5) Bill

Debate between Shailesh Vara and John Bercow

2nd reading: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[Mr Speaker]

It is not for the Chair to pronounce judgment on the attendance record of right hon. and hon. Members at Committees. Suffice to say that I have heard points of order from the hon. Members for Stone (Sir William Cash) and for Bishop Auckland (Helen Goodman) and the right hon. Member for Gainsborough (Sir Edward Leigh), and the House has heard what they have had to say. If there are no further points of order—[Interruption.] Oh, very well.

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

On a point of order, Mr Speaker. This is on another matter.

[Mr Speaker]

I would rather deal with this matter. I think it is more orderly to deal with it in that way. If there are no further points of order on this matter, I will—[Interruption.] I beg the pardon of the hon. Member for North East Somerset (Mr Rees-Mogg).

[Mr Speaker]

That is true, but I say to the hon. Gentleman that there is no automatic or compelling obstacle to the House treating of the matter now. I judged, in consultation with the hon. Member for Stone, that it might be for the convenience of the House—particularly a relatively full House, at this time—for me to say something about the matter now on the back of what he has said. The alternative was for him to expatiate on this point in the course of any speech that he might make on Second Reading.

Of course, the two are not mutually exclusive, but I am sure that the hon. Member for North East Somerset would agree that for me then to interrupt the Second Reading debate to respond to the point would be a rather ungainly way in which to proceed. I thought it better to treat of the matter now, before we embark on Second Reading. I have heard his point, and I respect it, but I do not think it is conclusive.

[Mr Vara]

On a point of order, Mr Speaker. I seek your advice, because many of the people who wish to have the debate that we are about to have argue that the mandate—[Interruption.] Mr Speaker, I am trying. They argue that the mandate given by a margin of a million people in a referendum was not sufficient. They also argue that a 4% margin was not sufficient, in percentage terms. Could you therefore advise me as to the appropriateness of carrying on a debate that has got through on one solitary vote?

[Mr Speaker]

Yes, I can. The answer is that procedural propriety in the House has got absolutely nothing to do with numbers for or against a particular proposition, either in a referendum or in a general election. I say to the hon. Gentleman with great courtesy, because he is among the most courteous Members of this House, that he has made what might be thought by some people to be a very good polemical or campaigning point, but—I think he and I did O-levels, and I say this to him with some trepidation, because he is an extremely intelligent man—in procedural terms, I am afraid his observation would not warrant anything better at O-level than an unclassified. I am sorry. He has made an important campaigning point, but not a procedural one; I do not say that in any spirit of unkindness.

[Mr Vara]

For the record, Mr Speaker, I got better than unclassified in politics.

[Mr Speaker]

I am absolutely certain that the hon. Gentleman got vastly better than unclassified in everything. As I said, he is a very clever man. My point was about this issue, not about his intelligence.

If there are no further points of order on this matter, I will now give a definitive ruling on which, as I have been advised, no further points of order will arise. We will then proceed to the business before us.

As the hon. Member for Stone knows, the view taken by the Clerk of Legislation, who decides these matters in the first instance, is that neither Queen’s consent nor any financial resolution is required for the private Member’s Bill presented by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). Under the terms of the Bill, if enacted, the Prime Minister “must” move a motion agreeing that she should seek an extension of the negotiating period under article 50(3) of the treaty on European Union to a specified date. The Bill requires the Prime Minister to have the approval of the House before agreeing an extension of the negotiating period. An extension could come into effect only if the European Union 27 decided unanimously to agree an extension with the UK.

As the House will recall, no Queen’s consent was required for the contents of the European Union (Notification of Withdrawal) Bill, which was introduced in January 2017 after the UK Supreme Court decision in the Miller case. My ruling is that as no prerogative consent was required for the Bill in 2017 giving parliamentary authority to the Prime Minister to take action under article 50 of the treaty on European Union, there is no requirement for new and separate prerogative consent to be sought for legislation in 2019 on what further action the Prime Minister should take under the same article 50 of the treaty on European Union.

I recognise, colleagues, that extending the period under article 50 would, in effect, continue the UK’s rights and obligations as a member state of the EU for the period of the extension, which would have substantial consequences for both spending and taxation. I am satisfied that the financial resolutions passed on Monday 11 September 2017 give fully adequate cover for the exercise by Ministers of their powers under section 20(3) and (4) of the European Union (Withdrawal) Act 2018 to move exit day in order to keep in lockstep with the date for the expiry of the European treaties, which of course is determined by article 50 of the treaty on European Union. This has been demonstrated by the European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019, with which I know the hon. Member for Stone is keenly familiar, and which were laid before this House on 25 March and approved by the House on 27 March. Accordingly, my ruling is that the European Union (Withdrawal) (No. 5) Bill does not require either a Ways and Means motion or a money resolution.

Jammu and Kashmir

Debate between Shailesh Vara and John Bercow

Wednesday 27th February 2019 Commons Chamber

[Mr Speaker]

I was going to call the hon. Member for Wycombe (Mr Baker), but he now seems very pre-occupied with—[Interruption.] We have already heard the fella. I should not have forgotten so quickly. I will remind myself of the eloquence of his contribution in due course.

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

The Minister is taking a very fine line, trying to sit on the fence, effectively, mindful that there are diasporas from both Pakistan and India living in this country. He is treading a very fine line in his answers. However, where it is abundantly clear that the terrorists are living in one particular country, will he give an undertaking to this House that the British Government will make it absolutely clear to that host country that it should not be tolerating terrorists who are engaging in activity in another country and that they must face the full force of law?

Points of Order

Debate between Shailesh Vara and John Bercow

Wednesday 9th January 2019 Commons Chamber

[Mr Speaker]

I am very grateful to the hon. Lady. She, like many others, has made her position very clear, and that stands on the record for people to scrutinise. On the issues to be voted on today, I return to the point that I was making earlier: I hope that colleagues and those attending to our proceedings outwith the Chamber will understand me when I say that these issues are for the House to decide. I am simply making a selection and then inviting Members of the House of Commons to vote and reach their conclusions. I expect many people feel that it would be seemly and advantageous if we were to do so relatively soon; we have another piece of business first.

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

On a point of order, Mr Speaker. You have said that you consulted the Clerks. For the sake of clarity, will you kindly inform the House whether the decision that you have arrived at is different from the initial advice provided to you by the Clerks?

[Mr Speaker]

I am not confirming or denying that. I am saying what I said earlier, which is that I had a discussion with the Clerk and with other Clerks. We discussed the situation, the various scenarios and the proffering of advice, and I stand by what I said. I have nothing to add to that. It is perfectly proper for the Speaker to consult and hear the views of the Clerks who serve at the Table, and sometimes other Clerks as well.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Wednesday 31st October 2018 Commons Chamber

[Mr Speaker]

Very good. Well done.

[Mr Vara]

Thank you for clarifying that, Mr Speaker; it is much appreciated. I am sure that the hon. Gentleman will receive a response from the Secretary of State very soon.

Any unspent money or savings would be returned to the central Consolidated Fund, for redistribution within the Northern Ireland civil service, and it is for civil servants to allocate as they feel appropriate.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Wednesday 20th June 2018 Commons Chamber

[Mr Speaker]

Indeed. I am grateful for that nod from a sedentary position, which is very reassuring.

[Mr Vara]

I can assure the hon. Lady that my right hon. Friend the Secretary of State spoke to the Chief Constable this morning about the European arrest warrant. We very much hope to have, as the Prime Minister has suggested, a UK-EU security treaty that will be all-embracing and bespoke. As the GCHQ director Jeremy Fleming said this morning, it is important to recognise that four European countries have benefited directly from our intelligence in the past year.

--- Later in debate ---

[Mr Vara]

The hon. Gentleman is right: agriculture and farming is a massive industry in Northern Ireland. Some 49,000 people are employed in the sector and there are 25,000 farms. What I will say to him is that if we can get that overall economic framework with the EU through negotiations, the tariffs he refers to will not apply.

[Mr Speaker]

I call Mr Mark Francois.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Wednesday 7th February 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Northern Ireland (Mr Shailesh Vara)]

My right hon. Friend the Secretary of State for Northern Ireland has regular conversations with Cabinet colleagues on a range of EU exit issues, including on an implementation period. We recognise the importance of negotiating an implementation period that benefits the whole UK, including Northern Ireland. [Interruption.] We welcome the EU’s agreement to negotiate an implementation period. The precise terms should be agreed as quickly as possible to provide vital certainty to businesses and citizens. [Interruption.]

[Mr Speaker]

Order. It is most unfortunate that neither the Minister’s mellifluous tones nor the content of his answer could properly be heard because of the number of private conversations. I think he deserves a more attentive audience.

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[Mr Vara]

Let me just say—[Interruption]—that my right hon. Friend the Prime Minister will stand up to anyone and everyone when it comes to maintaining the best interests of the United Kingdom. [Interruption.]

[Mr Speaker]

Order. There is far too much noise in the Chamber. Let us hear Thangam Debbonaire.

[Thangam Debbonaire (Bristol West) (Lab)]

The Good Friday agreement was one of the greatest legacies of the last Labour Government. Is the Minister content that messing up the border issue could make destroying the Good Friday agreement one of this Government’s legacies?

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Wednesday 1st March 2017 Commons Chamber

[Mr Speaker]

I call Mr Shailesh Vara.

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

I have No. 12, Mr Speaker.

[Mr Speaker]

The hon. Gentleman has a very similar question and I rather assumed he wanted to come in.

[Mr Vara]

12. I will certainly bear it in mind that it is a similar question, Mr Speaker. Does my right hon. Friend the Secretary of State agree that the business community in Scotland shares a far more positive and optimistic outlook, rather than the forever-negative comments from the Scottish Government?

[Mr Speaker]

Order. This is on the importance of the rights of EU nationals. I am sure that that is what the hon. Gentleman meant.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 1st November 2016 Commons Chamber

[Mr Speaker]

We learn a lot more about the opinions of the hon. Member for Bassetlaw (John Mann) on a vast miscellany of matters—of that he can rest assured.

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

The Justice Secretary will be aware that in the past couple of years considerable progress has been made in allowing UK lawyers to practise in India. Will she update the House on progress so far, particularly given that the Prime Minister will be visiting India in the next few days?

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Monday 9th May 2016 Commons Chamber

[Mr Speaker]

That would render it orderly. I am very grateful to the hon. Member for Bolsover (Mr Skinner) for proffering advice, especially from a sedentary position.

[Mr Vara]

With permission, Mr Speaker, I will take the hon. Lady’s reference, “from one Minister to another” slightly broadly and remind her that, following the passing of the Pensions Act in 1995 there were 13 years of Labour government during which a succession of Secretaries of State for Work and Pensions and pensions Ministers did absolutely nothing to try to alter the system that she and her colleagues now seek to change.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 26th April 2016 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

19. Claudia Lawrence from York was last seen on 18 March 2009; she is still missing, as are around 2,500 people in the UK. In the midst of their grief, families have to battle to deal with financial and property affairs, and they need access to justice. There is a simple solution: guardianship on behalf of the missing person. The Government promised this over a year ago. Will the Secretary of State commit to putting it in this year’s Queen’s Speech?

[Mr Speaker]

That is a very good example of what I call “shoe-horning”. The hon. Lady shoe-horned in a later question into this one, and was just about in order. She is very ingenious.

[Mr Vara]

The hon. Lady raises a very good point. There is a huge amount of sympathy across the political divide for the individual about whom she spoke. She will appreciate, however, that it would be inappropriate for me to pre-empt what will appear in the Queen’s Speech.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Monday 14th March 2016 Commons Chamber

[Kevin Foster (Torbay) (Con)]

Given the rhetoric in the recent Opposition day debate about the state pension age changes, does the Minister share my surprise that the six options put forward by the shadow Secretary of State would not make much difference at all to many women born in the 1950s? Does he agree that it is time for the Opposition to be clear about the choices they would make and how they would pay for them, and also to be clear about the changes they would not make?

[Mr Speaker]

Order. I know that the Minister will want to focus exclusively, and doubtless with loving care, on his own policy, and will not dilate on that of the Opposition, which would be disorderly. Knowing the hon. Gentleman, I do not think he does disorderly.

[Mr Vara]

You put that so eloquently, Mr Speaker, but I hope you will allow me to make the odd comment. It would be impractical to follow the Opposition’s policies because they have no sense of arithmetic.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Monday 1st February 2016 Commons Chamber

[Mr Vara]

My hon. Friend is absolutely right that we need to discuss the matter in a measured way, but that means that we need to look at it in a broad context. A whole lot of other benefits are available to the women who may be affected—for example, jobseeker’s allowance, employment and support allowance, income support, carer’s allowance and personal independence payment.

Let us not forget that pensions will be uprated. There is the triple lock, and the simplified new state pension will be introduced in April. Pension freedom allows those who have a pension some flexibility. There has been a permanent increase in cold weather payments. Winter fuel payment has been protected, and more than 12 million pensioners benefited from it last year. As far as female employment is concerned, I have mentioned a number of benefits that we have brought in for female employees. It is important that we look at things in a broad context, rather than simply looking at people in the narrow confines that Members prefer to debate in this Chamber.

[Mr Speaker]

No one could accuse the Minister of excluding from his answer any matter that might in any way, at any time or to any degree be judged to be material, and we are grateful to him.

[Barbara Keeley (Worsley and Eccles South) (Lab)]

The Minister talks about life expectancy, but he is not giving us the full picture. Life expectancy for women fell in 2012-13, and Salford has some of the worst life expectancy figures in the country. Female life expectancy in one ward in my constituency is only 72 years, and healthy life expectancy is only 54. Why should 1950s-born women in Salford carry the burden of the equalisation of the state pension age given that working until 66 is clearly going to be difficult for them? Those women need transitional arrangements.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 3rd November 2015 Commons Chamber

[Mr Vara]

The hon. Gentleman refers to family courts. Being relatively new to his post, he might wish to reflect on the comments made by his colleagues, particularly the hon. Member for Hammersmith (Andy Slaughter), as reported in the Law Society Gazette on 24 September:

“Slaughter conceded that the Labour party would have been forced to make cuts to family law funding and promote mediation as a cheaper option. He added that a Labour government would seek to promote and improve mediation services on offer.”

The article also said—[Interruption.] It is understandable that Opposition Members do not want to hear the truth, but I am quoting one of their own colleagues—[Interruption.]

[Mr Speaker]

Order. I want to hear about this article. Let us hear it.

[Mr Vara]

I am sure that other Members, along with you, are keen to hear it, Mr Speaker.

The article quoted the hon. Gentleman as saying:

“‘We’re not going to get in a Tardis and go back to before,’ he said. ‘We are in a world where resources are tight and it would not be right to pretend otherwise.’”

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Monday 2nd November 2015 Commons Chamber

[Mr James Gray (North Wiltshire) (Con)]

I was about to ask the same question as the Minister just answered. May I take this opportunity to say to him that a large number of my constituents are being badly affected by scams, particularly over the internet? This is a matter of great concern. I am delighted that the Government have taken such strides to deal with it.

[Mr Speaker]

As I have often had cause to observe, repetition in the House of Commons Chamber is not a novel phenomenon.

[Mr Vara]

I refer to my previous answer.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 8th September 2015 Commons Chamber

[Mr Speaker]

What, that I ever learnt? [Laughter.] Topical questions are supposed to be a little shorter.

[Mr Vara]

I am pleased that the hon. Lady was able to get her contribution in at the end. As I said, this is a consultation and no firm decisions have been taken. I know she has written me a comprehensive letter, to which I have responded, but that was a while ago, so I am happy to have further correspondence with her, if necessary.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 17th March 2015 Commons Chamber

[Mr Vara]

In that very long contribution from the right hon. Gentleman, it is regrettable that not once did he say that if he were Lord Chancellor, he would reverse the cuts we have made. That sums up where the Opposition are: they are happy to object, they are happy to write articles—[Interruption.] Yes, the right hon. Gentleman points to the public. I point to the public as well, and I say that nowhere did the right hon. Gentleman say that Labour would reverse the cuts we have made. [Interruption.]

[Mr Speaker]

Order. Members must calm down. The right hon. Member for Slough (Fiona Mactaggart) is a distinguished ornament of this House, a celebrated figure, a former Minister. Decorum, I remind her.

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[Mr Vara]

What the right hon. Lady does not seem to accept is that the Minister is listening. He has increased the criteria that are required. Thousands of people have successfully applied for legal aid in domestic violence cases and many more will doubtless be successful.

[Mr Speaker]

The patience of Pudsey is rewarded. I call Mr Stuart Andrew.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 16th December 2014 Commons Chamber

[Mr Vara]

My hon. Friend’s comments are timely given that next year we will commemorate the 800th anniversary of the sealing of Magna Carta. The House will be aware that the Government agreed in the coalition agreement that no major changes would be made to the human rights framework in this Parliament, but as he rightly says, the Conservatives believe that we need major reform to the way in which human rights operate in this country. We believe that we need to curtail the ability of the European Court of Human Rights to tell our courts what to do. We have an excellent record in this area, of which we should be proud, but Conservatives believe that a new British Bill of Rights and responsibilities would remain faithful to those basic principles of human rights while restoring much-needed common sense to their application. This is a debate that we will have over the next few months and I look forward to debating it with the Opposition, when they are prepared to listen, as well as with the Lib Dems and the British public.

[Mr Speaker]

I think that the Minister’s initial essay, quite a lengthy one, has been completed.

[Jeremy Corbyn (Islington North) (Lab)]

It is obvious that Magna Carta in the 13th century was a great step forward and I am glad the Minister recognises that. Will he also recognise that the European convention on human rights and the universal declaration of human rights were massive steps forward, not just for this country but for humankind? Does he not recognise that the narrative of trying to leave the European convention on human rights and the Court diminishes our human rights, the human rights of everyone in this country and the human rights of people across the continent? Will he please rethink this narrative and be slightly more sensible about the universal need for human rights?

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[Mr Vara]

It is important that the hon. Gentleman bears it in mind that since 2007, when regulation began, licences of over 1,200 CMCs have been removed across sectors, and others have left the industry after the commencement of enforcement action. We have introduced tough measures. From later this month the regulator will reinforce its enforcement tools with a new power to impose financial penalties of up to 20% of a CMC’s turnover. Next month, from 28 January, we will extend the legal ombudsman’s jurisdiction to deal with complaints from clients dissatisfied with the service provided to them by authorised CMC’s. The legal ombudsman will provide a new avenue of redress for clients of CMC’s and will assist the claims management regulator in driving up poor standards and practices in the market.

[Mr Speaker]

Perhaps the material can be placed in the Library of the House, where it can be devoured by colleagues at their leisure in the long winter evenings that lie ahead.

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[Mr Vara]

My hon. Friend is as forthright as ever. He is well aware that I wrote to him last week. We are doing all that we can to ensure that the court is sold and that the proceeds are put into the Exchequer.

[Mr Speaker]

I think that the hon. Member for Shipley (Philip Davies) regards “faffing around” to be a technical expression.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 11th November 2014 Commons Chamber

[Mr Vara]

My hon. Friend raises a good point. I shall certainly pass it on to the board of Her Majesty’s Courts and Tribunal Service, and we will consider it.

[Mr Speaker]

Mr Barry Sheerman is not here. I call Mr Nic Dakin.

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[Mr Vara]

I can certainly give my hon. Friend that assurance. Earlier in this Parliament we reformed civil legal aid so that only the most serious compensation cases are in scope—for example, where there has been abuse of a child or a vulnerable adult, a sexual assault or a significant breach of human rights. Civil legal aid applications, including for exceptional funding, are subject to a merits test, as well as a means test. From 2 December last year, treatment matters, including prison conditions, were removed from the scope of criminal legal aid for prison law.

[Mr Speaker]

Unusually, we are ahead of time, but most of the principals are present and therefore we shall proceed.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 9th September 2014 Commons Chamber

[Mr Vara]

I have to say, it really is rich of the Opposition to talk in such terms. Here we have a party that is constantly criticising, yet has said that there will be no more money available in the unlikely event of it being in government. The Opposition really do need to sort out their act: they need to decide whether they are opposing for opposition’s sake, and, if they do want reforms, where the money will come from and how much.

[Mr Speaker]

Mr Graham Allen. Not here.

Criminal Justice and Courts Bill

Debate between Shailesh Vara and John Bercow

Tuesday 17th June 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

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

[Mr Speaker]

With this it will be convenient to discuss the following:

Government new clause 13—Periods of time for certain legal challenges.

New clause 53—Application of provisions to environmental claims—

‘(1) Sections 55 to 60 of this Act shall not apply to judicial review proceedings which have as their subject an issue relating wholly or partly to—

(a) the state of elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;

(b) factors, such as substances, energy, noise and radiation, and activities or measures, including administrative measures, environmental agreements, policies, legislation, plans and programmes, affecting or likely to affect the elements of the environment within the scope of sub-paragraph (a) above, and cost-benefit and other economic analyses and assumptions used in environmental decision-making;

(c) the state of human health and safety, conditions of human life, cultural sites and built structures, inasmuch as they are or may be affected by the state of the elements of the environment or, through these elements, by the factors, activities or measures referred to in sub-paragraph (b) above.”

This amendment limits the application of the provisions of this Act on judicial review proceedings which relate to the environment, in line with the definition of environmental information in the Aarhus Convention.

Government new schedule 3—Procedure for certain planning challenges.

Government amendment 1.

Amendment 23, page 55, line 12, leave out clause 55.

Amendment 24, in clause 55, page 55, line 16, leave out “must” and insert “may”.

Amendment 25,  page 55, line 18, leave out “not” and insert “decide not to”.

Amendment 26, page 55, line 20, leave out “highly likely” and insert “inevitable”.

Amendment 27, page 55, line 31, leave out “highly likely” and insert “inevitable”.

Amendment 28, page 55, line 32, leave out “must” and insert “may”.

Amendment 29,  page 55, line 35, leave out

“conduct (or alleged conduct) of the defendant”

and insert “procedural defect”.

Amendment 30,  page 56, line 15, leave out

“conduct (or alleged conduct) of the respondent”

and insert “procedural defect”.

Amendment 31, page 56, line 19, leave out “highly likely” and insert “inevitable”.

Amendment 32,  page 56, line 21, leave out “must” and insert “may”.

Amendment 33, page 56, line 28, leave out clause 56.

Amendment 34, page 57, line 25, leave out clause 57.

Amendment 35, page 58, line 2, leave out clause 58.

Amendment 36, in clause 58, page 58, line 11, leave out subsections (4) and (5).

Amendment 51, page 58, line 11, leave out subsections (4), (5) and (6) and insert—

‘(4) On an application to the High Court or the Court of Appeal by a relevant party to the proceedings, the court may order the intervener to pay such costs as the court considers just.

(5) An order under subsection (4) will not be considered just unless exceptional circumstances apply.

(6) For the purposes of subsection (5), exceptional circumstances include where an intervener has in substance acted as if it were the principal applicant, appellant or respondent in the case.’

Amendment 37,  page 58, line 18, leave out “or (5)”.

Amendment 38, page 58, line 34, leave out clause 59.

Amendment 42, in clause 59, page 58, line 41, leave out

“only if leave to apply for judicial review has been granted”

and insert

“at any stage of the proceedings.”

Amendment 39, page 59, line 32, leave out subsections (9) to (11).

Amendment 40, page 60, line 11, leave out clause 60.

Amendment 44, in clause 60, page 60, line 29, leave out “must” and insert “should normally”.

Amendment 41, page 60, line 31, leave out subsections (3) to (5).

[Mr Vara]

May I say at the outset that I propose to speak first to the Government amendments and then to let hon. Members speak to their amendments, to which I will reply at the end of this debate?

Clause 62 creates a permission stage for statutory challenges under section 288 of the Town and Country Planning Act 1990 in relation to English matters. In Committee, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) tabled a number of technical amendments that sought to tidy up and harmonise procedures across the planning regime. I responded that we needed more time to properly consider the amendments.

Following further consideration and discussions with my hon. Friend and the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Grantham and Stamford (Nick Boles), who has responsibility for planning, the Government now seek to advance proposals to extend the permission stage to other planning-related statutory challenges; to simplify procedures to enable challenges to costs awards connected to some planning and listed building decisions to be challenged as part of the same application; and to standardise the start time for various planning-related statutory challenges.

Amendment 1, new clause 52 and new schedule 3 omit clause 62 and replace it with a new clause and schedule that set out where leave of the court is required to bring planning-related statutory challenges. The amendments to section 288 of the Town and Country Planning Act that were originally set out in clause 62 affected only challenges to decisions concerning English matters. The amendments in this new schedule are broader, ensuring that the leave requirement applies in all section 288 cases.

The new schedule also requires leave of the court before challenges can be brought to a range of planning-related decisions, orders, actions and documents. It will affect section 287 of the Town and Country Planning Act 1990, which relates to challenges to decisions concerning simplified planning zones, highways and rights of way orders, and relief of statutory undertakers from obligations. It will also affect section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990, which concerns challenges to listed building consent procedures; section 22 of the Planning (Hazardous Substances) Act 1990, which relates to challenges to hazardous substance consent decisions; and, finally, section 113 of the Planning and Compulsory Purchase Act 2004, which relates to challenges to development plans.

It makes sense to have consistency across these different types of challenges and I am grateful to my hon. Friend the Member for Bromley and Chislehurst for bringing the issue to my attention. I agree with him that requiring leave in some types of cases but not in others could create difficulties for the new planning court, at a time when we are trying to make things simpler and speed up planning cases. The efficiency of the court system is a matter for Government to consider across both England and Wales, and these amendments apply to the whole jurisdiction.

New clause 52 and new schedule 3 also permit challenges to awards of costs relating to planning and listed building decisions to be brought as part of the substantive challenge under section 288 of the Town and Country Planning Act or section 63 of the Planning (Listed Buildings and Conservation Areas) Act.

At the moment, when an award of costs is made, it can be challenged only through an application for judicial review. That is separate to the application for statutory review of the substantive decision. Allowing costs to be challenged as part of the section 288 or section 63 challenge would remove the need for an aggrieved party to make two separate applications to the High Court and pay two separate filing fees.

New clause 13 standardises the date from which various challenges may be brought to the day after the relevant decision has been made. Planning challenges have to be brought within six weeks. Moving the start time to the day after the decision date is consistent with the approach taken in the civil procedure rules for judicial review claims. This is a harmonisation measure designed to assist in the smooth working of the new planning court and to reduce the scope for error by claimants.

I urge the House to accept amendment 1, new clauses 13 and 52, and new schedule 3.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 18th March 2014 Commons Chamber

[Mr Vara]

My hon. Friend will appreciate that that is the legacy of the previous Government and that the backlog is being dealt with—[Interruption.] I appreciate that this is difficult for the Opposition, but the truth often hurts—[Interruption.]

[Mr Speaker]

Order. There is a lot of very raucous noise from those on the Opposition Benches. The Minister is a very courteous fellow and he is trying to address—[Interruption.] Order. He is trying to address the House. Let us hear him.

[Mr Vara]

Thank you, Mr Speaker. I can assure my hon. Friend we are dealing with the backlog, which is going down.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 8th October 2013 Commons Chamber

[Simon Danczuk (Rochdale) (Lab)]

20. Whether he has any further plans to reduce the number of courts in England and Wales.

[Mr Speaker]

Questions are something like buses; none for a while, then two at once.

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

Very much so, Mr Speaker. I am happy to say that performance is the best it has ever been, against a background of increasing work load. The Office of the Public Guardian is also currently undertaking a review of its supervision function in order to ensure it can continue to safeguard vulnerable adults and deal with work load.

UK Border Agency

Debate between Shailesh Vara and John Bercow

Tuesday 26th March 2013 Commons Chamber

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

Does my right hon. Friend agree that until the shadow Home Secretary apologises for Labour’s shambolic immigration policy when in government, anything that she or her party says on immigration lacks any credibility whatsoever?

[Mr Speaker]

Order. The hon. Gentleman is always a most courteous Member, but his question suffers from the notable disadvantage that the Home Secretary has absolutely no responsibility for the matter in question. She is responsible for the Government’s policy but does not have any responsibility for the policy of the Opposition.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 15th May 2012 Commons Chamber

[Mr Vara]

I am aware of the right hon. Lady’s interest in this matter. The vast majority of occupations for which people may make applications do not require a CRB search. Only a small number require a search, and even in those cases there are three categories of CRB searches. Searches are required for the occupations that are listed in the exceptions order to the 1974 Act, which involve sensitive issues or where people are dealing with children, vulnerable adults and so on. We have that list of people to ensure risk management in employment and the protection and detection of crime.

[Mr Speaker]

I thank the hon. Gentleman; I, too, welcome him to the Dispatch Box. It is a pleasure to hear him. We need now—not on account of the hon. Gentleman’s answers, but more generally—to make somewhat brisker progress.

--- Later in debate ---

[Mr Vara]

rose—

[Mr Speaker]

If the Minister thinks that the question is relevant, he can answer briefly.

[Mr Vara]

Briefly, I am aware that where breaches have occurred through the use of Twitter, the Communications Act 2003 has been used as a basis for taking action. My hon. Friend thus raises a good point, and I am happy to say that law enforcement is taking its course.

[Mr Speaker]

Honour is served. We are grateful.