Energy Price Cap

John Bercow Excerpts

Monday 3rd July 2017 Commons Chamber

[Greg Clark]

A response is required from the regulator; this is a regulated industry. The development of modern markets means that it is possible for suppliers, especially dominant ones, to identify the customers who are the least likely to switch. As my hon. Friend the Member for St Albans (Mrs Main) said, they are often among the most vulnerable. It is unacceptable to use that information to sting them, and regulation has to catch up with that.

[Mr Speaker]

I think it is time that we heard again from the good doctor—Dr David Drew.

[Dr David Drew (Stroud) (Lab/Co-op)]

It is my lucky day today, but I am sure it will not continue. I refer the House to my entry in the Register of Members’ Financial Interests.

As much as we welcome the attempt to deal with fuel poverty, the Secretary of State must realise that there is an adverse effect on renewables at the margins, which will now not come forward because of this fairly blunt pricing structure. Will he look into that and ensure that there is still a drive forward for renewables?

--- Later in debate ---

[Greg Clark]

I have indeed. The impact of finding the billions of pounds necessary to take these industries into public ownership would not only be a disaster for our public finances, but the destruction of investor confidence in a whole range of industries that we need investment in.

[Mr Speaker]

I call Julian Smith. I mean Julian Knight.

[Julian Knight (Solihull) (Con)]

I did not think that I could have been behind someone else, Mr Speaker.

[Mr Speaker]

You are not a senior Government Whip, Sir, but at least you are a Knight.

[Julian Knight]

I was a BBC News consumer affairs reporter for five years, and during that time I saw the havoc that can be wrought by pre-payment metering. Does my right hon. Friend agree that practices such as rip-off emergency credit, which makes a payday loan look reasonable, need to be brought to heel, and that we should welcome Ofgem’s proposal to extend the current safeguard tariff for consumers on pre-payment meters?

[Greg Clark]

It can only be a matter of time before my hon. Friend enjoys the position to which you referred, Mr Speaker.

My hon. Friend is absolutely right. It has been the practice of this Government to intervene when there are abuses, especially of vulnerable people in the way in which he describes. That has happened with pre-payment meters, but the approach needs to go much further.

[Mr Speaker]

We are most grateful to the Secretary of State and to colleagues.

Oral Answers to Questions

John Bercow Excerpts

Tuesday 27th June 2017 Commons Chamber

[Claire Perry]

I think my hon. Friend is right. With policies to really accelerate the usage of electric vehicles, this is a critical thing. He will know that Ofgem has approved business plans for the local network companies, which already bake in billions of pounds of investment, to ensure that the expected demands on the grid can be met. But, equally, it is not just about raw investment in cables; it is actually about changing consumers’ behaviour to ensure they can charge their vehicles at a time that puts least demand on the grid and perhaps saves them money. I refer back to our plan and to the Bill, which will enable smart charging and help people to charge their vehicles at a time when it puts least demand on the network.

[Mr Speaker]

It all sounds very exciting, I must say.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Does the Minister ever worry that the country looks like investing £100 billion in High Speed 2, which will open at the earliest in 2033, but that, by that time, we will be able to use our phone to call to our home a driverless Uber-type vehicle powered by electricity that can take us anywhere in the country? Is that £100 billion not wasted money?

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[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

rose—

[Mr Speaker]

Order. The hon. Gentleman is an estimable fellow, but West Dunbartonshire is a considerable distance from the Thames Gateway. Knowing the intellectual eclecticism of the hon. Gentleman, I think he may have a pertinent inquiry and I am absolutely fascinated to discover whether that is the case.

[Martin Docherty-Hughes]

Thank you, Mr Speaker.

Businesses—those in the Thames Gateway, along with those in West Dunbartonshire—require confidence in those who form Governments and in those who support them. Does the Minister agree that that requires transparency? Will he call on every political party in Northern Ireland to publish fully everything in terms of the political donations and campaigns they are involved in?

[Mr Speaker]

No, that is manifestly out of order. The hon. Gentleman, I think, was more interested in what he had to say to the Minister than in anything the Minister might have said to him.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

6. What estimate his Department has made of the future level of investment required in the UK’s gas storage facilities.

--- Later in debate ---

[Mr Speaker]

Order. I have been on the edge of my seat while listening to the hon. Lady, as has always been the case, but I think I am right in surmising that she was seeking to group Question 13 with Questions 15 and 19. So carried away was she with the excitement of her new responsibilities that I think she neglected to inform us of that.

[Claire Perry]

With your permission, Mr Speaker, I shall group Question 13 with Questions 15 and 19.

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[Several hon. Members rose—]

[Mr Speaker]

Order. Single-sentence inquiries are now required.

[Sir Desmond Swayne (New Forest West) (Con)]

The Minister spoke of peer-to-peer exchanges of energy. I have no idea what they are, but given the enthusiasm she has brought to her brief I believe that we all deserve a tutorial. Could that be arranged?

[Claire Perry]

It would be a pleasure to educate my right hon. Friend. Let us think of it as a lot of hot air being generated by one particular point and being shared around many other data points. It is part of our future, Mr Speaker.

[Mr Speaker]

I am sure the hon. Lady’s ministerial peers in other countries—to whom I think she referred earlier—must have felt keenly conscious of their great privilege in meeting her.

[Rebecca Pow (Taunton Deane) (Con)]

I would like to applaud this Government’s record on tackling carbon emissions. Our carbon reduction plan, alongside investment in new technologies and ratification of the Paris agreement, will make us world leaders in this field and create many more jobs—particularly, I hope, in Taunton Deane, with spin-offs from Hinkley Point, the lowest carbon energy development in Europe. Can the Minister give any further indications of how the Government are responding to the United States’ withdrawal from the Paris climate change agreement?

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[Several hon. Members rose—]

[Mr Speaker]

Order. We are very short of time. We need to speed up.

[Chris Green (Bolton West) (Con)]

T8. Our emerging technology and universities sectors welcomed our manifesto commitment to increase R and D spending from 1.7% to 2.4% of GDP, but it was not in the Queen’s Speech, so what has happened to that commitment?

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[Several hon. Members rose—]

[Mr Speaker]

Now that the hon. Member for Bolsover (Mr Skinner) has reached the midpoint of his parliamentary career, I had intended to call him if he was standing, but he is not and so I will not—but if he does, I will.

[Mr Dennis Skinner (Bolsover) (Lab)]

I have listened to the questions and answers for the past hour, and I hear about the city deals and all the rest of it, but why does the Secretary of State not answer the specific questions about the trade unions? If he wants to give the impression that he is on the side of working-class people, why do not the Government drop the trade union Bill and all the rest of it?

[Mr Skinner]

Answer the question!

[Mr Speaker]

Order.

[Mr Skinner]

I did not get an answer.

[Mr Speaker]

Order. I must say to the hon. Gentleman that on the strength of his 47 years’ experience of this place he knows that not receiving an answer is not an altogether novel phenomenon in the House of Commons, irrespective of who is in power at the time.

Points of Order

John Bercow Excerpts

Monday 27th March 2017 Commons Chamber

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

On a point of order, Mr Speaker. I would like to raise the issue of correspondence between me and the offices of the Minister of State responsible for universities and the Minister responsible for energy, who is in his place. I first wrote to the Minister of State to request a meeting for a business in my constituency—the Underwater Centre—on 14 November. It took some time to get a reply from the Department. I finally received one on 22 December, with an apology for the lack of a response. There was an unwillingness to meet and a suggestion that I take the issue up with the Minister responsible for energy and industrial supply. I did so on 22 December last year. I have chased his office on several occasions, by email and by phone, and we have yet to receive an email. We indicated to the Minister’s office by email last Friday at 12.33 pm that, given the unsatisfactory nature of the situation, I would be raising it as a point of order. I would like advice on what a Member can do when a Minister’s office wilfully seeks to ignore a request from a Member for a meeting with a company in his constituency.

[Mr Speaker]

Persist, persist, persist, I say to the hon. Gentleman. That is the advice I give him. His attempted point of order has opened an interesting window into his life, the administrative support he enjoys and the diary commitments—not least around lunchtime last Friday—to which he was subject, for which I am sure the House is immensely grateful, but I do not think we can take the matter any further. He knows that my advice will always be to persist—he himself is nothing if not a dogged terrier.

[Mrs Maria Miller (Basingstoke) (Con)]

On a point of order, Mr Speaker. In the past few days, almost 1,000 people have been arrested, beaten or imprisoned in Belarus—a country still under an effective dictatorship here in Europe. How can we show our solidarity with those in Belarus who are fighting for democracy, for freedom of speech, and for the rule of law?

[Mr Speaker]

I struggle immediately to see how the right hon. Lady’s observations constitute a point of order. That said, I recognise and respect the seriousness of her concern, and I acknowledge on the Floor of the House her long-standing track record of support for the Belarus Free Theatre. My initial answer is that I think that, by persistence and the good fortune of the ballot, she has probably secured her own salvation, and possibly an opportunity to press for the salvation of those who need it more intensely and immediately, because she has Question 9, if memory serves, at Foreign Office and Commonwealth questions tomorrow. I cannot anticipate the sequence of events, but it wold be a very unfortunate and unsatisfactory Foreign Office questions if we did not get to Question 9. I think I can say with some confidence that we will, and that the right hon. Lady, speaking on behalf of those people who need her help and will value it, will have her chance. What is more, if she expresses herself with her usual force, clarity and eloquence, she might motivate other right hon. and hon. Members to spring to their feet with supplementary questions following her own. If so, I will be all eyes and all ears.

[Chris Bryant (Rhondda) (Lab)]

On a point of order, Mr Speaker. As you know, at 4 o’clock the deadline passed in Northern Ireland. I do not want to make any accusations against the Government, but the Secretary of State for Northern Ireland is making a statement elsewhere about what he expects now to happen in Northern Ireland, and I wonder whether you have had any notification of a statement to the House so that the House can express a view.

[Mr Speaker]

I am very grateful to the hon. Gentleman. The short answer is that I have not received any indication that the Secretary of State is minded to come here. From the record of dealing with this Secretary of State—this particular right hon. Gentleman—I can say that he has always been fastidious in wanting to come to the House, often telephoning me and trying to make contact. Indeed, I am advised that he has sought to make contact with me by telephone. I have, however, received no written communication from him at all and no indication of an early statement. I think that one would have been forthcoming anyway, and in the light of my exchange with the hon. Gentleman I feel even more confident that it will be.

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Jesse Norman)]

Further to the point of order raised by the hon. Member for Ross, Skye and Lochaber (Ian Blackford), Mr Speaker. I am afraid that I did not have notice of it, and I was not clear from what he said whether it was me to whom he referred. If it was, I would of course be delighted to meet him to discuss the issue he raised.

[Ian Blackford]

I am grateful for that clarification, but just to be absolutely clear—

[Mr Speaker]

No, no, no—no additional clarity is required. The hon. Member for Ross, Skye and Lochaber (Ian Blackford) is a very cheeky fellow. A simple nod of the head would suffice, which he has provided. In my experience, the Under-Secretary for Business, Industry and Industrial Strategy is as courteous as Members in this place come, so I think we will leave it that the hon. Member for Ross, Skye and Lochaber and the Minister will get together, possibly over a cup of tea, and discuss these important matters.

Intellectual Property (Unjustified Threats) Bill [Lords]

John Bercow Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st March 2017 Commons Chamber

[Bill Esterson]

I beg to move amendment 1, page 2, line 15, after “do,” insert “or claims to do,”.

This amendment deals with people or companies who hold themselves out as the primary infringer: ie, they claim to be the manufacturer or importer of a product (and therefore can be written to freely) when, in fact, they are not. A definition is provided in amendment 3.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment 2, page 2, line 19, at end insert—

“(4A) A threat of infringement proceedings is not actionable if the threat—

(a) is made to a person mentioned in subsection (4), and

(b) relates to—

(i) potential future acts of infringement, or

(ii) other acts of infringement

which are fundamentally similar to the current alleged act of infringement.”

This amendment would allow communications from the rights holder to the primary infringer to also refer to secondary infringing acts (by the primary infringer), without it constituting a threat.

Amendment 3, page 2, line 24, at end insert—

“(7) In subsection (4)(a) “claims to do an act” means the person makes an explicit claim in public that they are the manufacturer or importer of the product or process.”

This amendment provides a definition of “claims to do” in amendment 1.

[Bill Esterson]

Amendments 1 and 3 are related to primary infringers and those who claim “to do”. Amendment 1 addresses the concern about the impact on those who claim to make a product and the potential for action to be taken against them. Amendment 3 defines “claims to do”.

We are dealing here with communication and threats. As the Bill stands, the onus is on a rights holder not to communicate with a party that claims to be a primary infringer of rights. The example that springs to mind is that of an own-label brand in a supermarket. Under the Bill, a manufacturer who believes that a product contravenes their rights may not communicate with the supermarket unless they are confident that there is no other way of finding out who the manufacturer really is. The problem is that smaller manufacturers wanting to challenge the bigger players may not have the expertise or access to expertise needed to comply with the provisions of the Bill. They do not have the staff, time or money to engage legal services or to search for the true identity of the manufacturer. The Minister said in Committee that if action were taken against a rights holder, they would be able to defend themselves in court. Now, that is entirely accurate in legal terms, but the problem is that smaller organisations lack the resources to be able to do so.

Oral Answers to Questions

John Bercow Excerpts

Tuesday 14th March 2017 Commons Chamber

[Dr Monaghan]

Given that Scotland’s renewable energy will be cheaper than that produced at Hinkley by the time it is complete and that Brexit is already pushing up the build costs of these reactors in an environment where the UK Government have unilaterally decided to abandon the protection of Euratom, will you scrap the costly and inefficient nuclear obsession in favour of a low-carbon future?

[Mr Speaker]

The hon. Gentleman invests me with powers that I do not possess; that is very good of him.

[Mr Hurd]

Frankly, previous Governments neglected their responsibility to this country to invest in upgrading its power infrastructure, but this Government are grasping that challenge. As I have said, few countries have done more to make the transition to cleaner energy, with a trebling of capacity in renewable electricity, and the commitment to Hinkley offers us the potential for 7% of the country’s electricity—low-carbon based power.

--- Later in debate ---

[Jesse Norman]

I am sure that my hon. Friend will understand that I will not comment on that specific economic issue. However, I admire his awareness of the oil spot price. The Government have managed to engineer a significant fall in oil and gas supply costs on the continental shelf—[Interruption.]

[Mr Speaker]

Order. A cerebral Minister is at the box responding to a pertinent inquiry, and the hon. Member for Coatbridge, Chryston and Bellshill (Philip Boswell) is behaving in a mildly boorish fashion—very uncharacteristically. I am sure that this is an exceptional case.

[Jesse Norman]

I am not sure that anyone can recover from the attribution of being “cerebral.”

The way in which the Oil and Gas Authority has lowered costs on the UKCS is testimony to how competitive our economy can be in oil and gas, even when oil prices are falling.

--- Later in debate ---

[Margot James]

The Government are absolutely committed, as the Prime Minister has said on several occasions, to protecting workers’ rights as we leave the European Union. And not just to protect those rights but to enhance them, if necessary. She has set up the Taylor review to examine the details.

[Mr Speaker]

I call Martin Docherty-Hughes. I am sad to note the rather uncharacteristic absence of the hon. Gentleman. We will do our best to bear up with such fortitude as we can muster.

[Kirsty Blackman (Aberdeen North) (SNP)]

A number of small businesses in the oil and gas sector supply chain have been hit disproportionately by the oil price reduction. My hon. Friend the Member for Aberdeen South (Callum McCaig) and I held a meeting last week to encourage young businesses to access different methods of capital financing so that they can grow. What are the UK Government doing to encourage such businesses to access capital finance?

--- Later in debate ---

[Mr Speaker]

The hon. Member for Taunton Deane (Rebecca Pow) looks as though her cup has runneth over. What a happy day for her and, indeed, for Taunton Deane—not to mention the Minister.

[Mr David Nuttall (Bury North) (Con)]

One advantage for small businesses of the United Kingdom leaving the EU is that the House will be free to repeal unwanted EU regulations. What steps is the Minister taking to consult small businesses so that she can identify those regulations?

--- Later in debate ---

[Greg Clark]

I agree with my hon. Friend—he is absolutely right. The reputation of the black country is very strong. There is the phrase

“Made in the Black Country, Sold around the World”,

but to fulfil that we need good skills. Andy Street, being a person of great business experience, is the best person available to bring that business acumen to bringing more businesses to the whole of the west midlands.

[Mr Speaker]

Order. This is supposed to be about an industrial strategy, rather than an electoral strategy, but there you go.

[Rob Marris (Wolverhampton South West) (Lab)]

In passing, may I say that it was the black country that was the birthplace of the industrial revolution, not Coalbrookdale? However, on transport spending, which is key to the industrial strategy for the west midlands, when does the Secretary of State expect to persuade his colleague the Secretary of State for Transport to spend as much per capita in the west midlands as in London?

--- Later in debate ---

[Jesse Norman]

Of course, the impact of rates differs from company to company as regards their solar panels. Three quarters of businesses are projected to have rates that fall next year and there is of course transitional rates relief, but the Department has long recognised the problem in some cases to which she refers, and we are in active discussion with other Departments about it.

[Mr Speaker]

I call Sir Desmond Swayne.

[Sir Desmond Swayne (New Forest West) (Con)]

No. 24—or is it No. 22? [Hon. Members: “No. 23!”]

[Mr Speaker]

The right hon. Gentleman was close on either side.

[Sir Desmond Swayne (New Forest West) (Con)]

23. If he will make it his policy to increase competition within the energy supply market; and if he will make a statement.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

I am sorry to disappoint the remaining troika, but we must now move on.

Oral Answers to Questions

John Bercow Excerpts

Tuesday 31st January 2017 Commons Chamber

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

The Green Paper makes much of re-announcing the welcome increase in science spending which, following cuts of up to 50% over the last seven years, has finally returned it to the levels under the last Labour Government. Research and development funding, however, remains barely half the recommended 3% target that Labour has committed to. Does the Secretary of State agree that, given the impact of Brexit on UK science, the lack of any overarching vision and the focus on picking sector winners, rather than mobilising the whole—

[Mr Speaker]

Order. I am extremely grateful to the hon. Lady—[Interruption.] Order. I am sorry, but we have a lot to get through. The Front Benchers, on both sides, must be much more self-disciplined. It is not fair on Back Benchers.

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[Mr Speaker]

I trust that the question will not be on the matter of Linlithgow, but will focus purely on Kent and Medway, in which I am sure the hon. Lady keenly specialises.

[Hannah Bardell]

You can be assured of that, Mr Speaker.

The SMEs in Kent and Medway need someone in government to fight their corner. In July 2015, they were promised a small business commissioner who would focus particularly on late payments. The Federation of Small Businesses and others have raised concerns about the lack of power that the commissioner will have, and the fact that 18 months after the position was created, there is no sign of a commissioner. Will the Minister tell SMEs in Kent and Medway, for which I have the greatest regard, and others throughout the country when the commissioner will be appointed, and whether he or she will have proper powers to ensure that companies that do not pay are taken to task?

--- Later in debate ---

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Minister surely knows that all kinds of alternative energy, including tidal power, need good recruits; they need trainees and, indeed, apprentices. Is he not hanging his head in shame this morning because of the report of the highly respected Institute for Fiscal Studies which says that this Government’s apprenticeship programme is a disaster and should be ripped up and started again? When is he going to get real?

[Mr Speaker]

But purely in relation to tidal lagoons; we are not talking about apprenticeships more widely or seeking to shoehorn a personal interest into a question to which it does not ordinarily apply. But the Minister is a philosopher and dextrous to a fault, so I am sure he will cope.

[Jesse Norman]

Heaven forfend, Mr Speaker, that I should entertain so unworthy a suspicion as to think the hon. Member for Huddersfield (Mr Sheerman) might have smuggled some entirely unrelated question into a question on tidal lagoons. May I simply reassure him that skills remain at the centre of the Government’s concerns, and that is why they feature so prominently in the industrial strategy?

[Mr Speaker]

Marvellous.

[Michael Fabricant (Lichfield) (Con)]

The Minister is quite right to say that he will analyse this in the round, because while I think many of us will recognise the economic advantages, particularly over a long period such as 100 to 150 years, the environmental impact will be considerable. Can he perhaps amplify what sort of things he will be looking at, including how tidal lagoons affect fish life, marine life and bird life?

--- Later in debate ---

[Mr Speaker]

I call Mike Freer. He is not here. We will take the last question on the condition that we have a reasonably short, single sentence supplementary, as I want to move on to the main business promptly today. If it is a long question, we will not bother.

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

I will do my best.

[Mr Speaker]

A single short sentence is required.

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

19. What steps his Department is taking to promote medical research.

--- Later in debate ---

[Joseph Johnson]

Between 2010-11 and 2014-15, the MRC spent £13.3 million on autism research, and it always welcomes high-quality applications for support on any aspect of human health. Such applications are subject to peer review and are judged in open competition. The Department of Health, through the National Institute for Health Research, also funds research in this area, and the MRC’s centre for neurodevelopmental disorders at King’s College London opened recently, in November.

[Mr Speaker]

The right hon. Member for Chesham and Amersham (Mrs Gillan) can always have her question framed and put up on the wall in a suitable part of her home, of her own choosing.

[David Morris (Morecambe and Lunesdale) (Con)]

T1. If he will make a statement on his departmental responsibilities.

--- Later in debate ---

[Greg Clark]

We want British business and British industry to compete on the basis that they are price-competitive. There are opportunities that come from being outside some of the bureaucracy, which affects small businesses in particular when it comes to public procurement, and those are opportunities that we will be able to take.

[Mr Speaker]

I call Mr David Nuttall. I thought that he was interested in this question. Has his appetite diminished? [Interruption.] No? Go on. Get in there, man.

[Mr David Nuttall (Bury North) (Con)]

I had not planned to stand for topical questions, but may I urge my right hon. Friend not to be swayed by the arguments from the Opposition to spend a specific amount of our GDP on research for scientific projects? If the private sector is unwilling to fund those projects, we should ask serious questions about whether the public sector and my hardworking taxpayers should be asked to foot the bill.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

Order. We come now to the ten-minute rule motion. The hon. Member for Wealden (Nusrat Ghani) will be pleased that she has such an interested, large and expectant audience.

Oral Answers to Questions

John Bercow Excerpts

Tuesday 13th December 2016 Commons Chamber

[Jesse Norman]

That is a formidably technically sophisticated question, for which I thank my hon. Friend. I think that it probably lies to be answered between ourselves and the Department for International Trade. We will certainly consider it carefully.

[Mr Speaker]

There are some very clever people in Wycombe, you know.

[Kate Green (Stretford and Urmston) (Lab)]

Food production and food processing is an important part of the north-west economy that is not necessarily susceptible to export beyond the European Union because of different consumer tastes and preferences in the rest of the world. What negotiations are the Government considering or already undertaking to protect this important industry? Can the Minister confirm that specialist negotiators who understand the industry are in place to carry out those negotiations?

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[Mr Peter Bone (Wellingborough) (Con)]

rose—

[Mr Speaker]

The hon. Gentleman bears a striking resemblance to an exploding volcano. Let us hear the feller.

[Mr Bone]

As always, I am very reasoned, Mr Speaker, but really, the shadow Minister, the hon. Member for Birmingham, Erdington (Jack Dromey) was talking absolute rubbish just then, which is not unusual. Does the Minister agree with the democratic principle that the Government of the day will decide on employment rights? Is that not what we want—employment rights decided in this House, not in Europe?

--- Later in debate ---

[Mr Speaker]

We are, in fact, grouping this question with Question 18. Ministers have to keep their eye on the Order Paper. The numbers change over a period, for reasons that I think will be fairly obvious to the Minister.

[James Morris]

There are 30,000 more businesses with high-speed broadband in the black country as a result of the leadership of the Black Country local enterprise partnership. Does the Minister agree that the Black Country LEP has been an excellent example of bringing together the private and public sector to drive growth, improve skills and build the infrastructure that the black country economy needs?

--- Later in debate ---

[Clive Lewis (Norwich South) (Lab)]

rose—

[Mr Speaker]

If the hon. Gentleman will be very brief, I will take him now, but if he won’t, I won’t.

[Clive Lewis]

I will be very brief, Mr Speaker.

Some newspapers have exposed shocking examples of what I can only describe as crony capitalism in some of our LEPs. For example, the former elected mayor of Bristol, George Ferguson, received more than £50,000 for his own brewing firms while on the LEP board, which kept no minutes; perhaps the Minister is impressed to find right-wing politicians who can organise a booze-up in a brewery. Given that the Government are putting nearly £2 billion into LEPs through the autumn statement, can he tell us what they are doing to enforce basic standards of accountability?

[Mr Speaker]

I promise not to buy my dictionary from where the hon. Gentleman got his.

[Mr Hurd]

As was said the other day, never trust Labour Members when they say they are going to be brief.

The hon. Gentleman raises an extremely important point about LEPs. This is taxpayers’ money and, as he would expect, we take extremely seriously any allegations about it being spent inappropriately, particularly when there are allegations of conflicts of interest. We are reassured by the prompt and robust response of LEPs to the individual allegations, including the one in Bristol, but we continue to press and make the point very strongly that we expect full compliance with the requirements of the strengthened national assurance framework.

--- Later in debate ---

[Deidre Brock (Edinburgh North and Leith) (SNP)]

T5. New research from Edinburgh university finds that electricity generation from wind farms cuts even more greenhouse gas emissions than previously thought: almost 36 million tonnes over six years, the same as taking 2.3 million cars off the road. Meanwhile the Government’s own figures predict their renewables cuts will see 63 million tonnes more CO₂ being released into the atmosphere. Will the Minister clarify how the Government plan to continue cutting emissions, as the Leader of the House confirmed to me last week regarding ongoing commitments to climate change targets, while bringing in policies that will bump them up?

[Mr Speaker]

Order. Members need to understand that topical questions were always intended to be briefer. We cannot have these three, four and five sentence questions. What one wants is a quick question.

--- Later in debate ---

[Mr Iain Wright (Hartlepool) (Lab)]

Two weeks ago, GB Energy ceased trading, affecting 160,000 customers. Credit must go to Ofgem for ensuring that those customers were promptly transferred to another supplier, but does the Secretary of State believe that the regulator’s approach to risk management needs to change? Instead of carrying out little or no assessment of the viability of new entrants and then picking up the pieces if they fall, more rigorous financial health checks need to be undertaken to minimise the risk of failure, disruption to customers and a loss of confidence in switching to new energy providers.

[Mr Speaker]

The hon. Gentleman can now breathe.

[Greg Clark]

I am grateful to the hon. Gentleman. Like him, I commend Ofgem for the arrangements that it put in place. He raises a reasonable point, and as Chairman of the Business, Energy and Industrial Strategy Committee he will want to work with me to ensure that the right arrangements are in place.

Corporate Governance

John Bercow Excerpts

1st reading: House of Commons
Tuesday 29th November 2016 Commons Chamber

[Clive Lewis (Norwich South) (Lab)]

It is a shame that the Secretary of State did not share the statement with us in advance; presumably we are now expected to get first sight of Government policy through a long lens on Whitehall. But after weeks of press briefings, at least they have finally decided to come to this Chamber, because we have heard a lot about the Prime Minister’s policy on corporate governance, but the more they said, the less we have actually known.

When the Prime Minister launched her leadership, she said she wanted a change in the way big business is governed. She said:

“later this year we will publish our plans to have not just consumers represented on company boards, but workers as well. Because we are the party of workers.”

But it seems there has been a change of mind because just weeks ago we heard it was not about putting workers on boards but about finding a model that works for everyone. Perhaps it is the same model as for Brexit: to have their cake and eat it.

When we debated in the Chamber last month the fate of Sir Philip Green, I said that the most shocking thing about the whole affair is that everything he did was legal. A key question today is whether anything that has been proposed would change that: do these proposals pass the BHS test?

Bringing private companies into the plc rule book is a move so targeted at a particular series of events that I expect it will come to be known as the BHS law, but had the proposals outlined today by the Secretary of State been in place six months ago, I am not wholly convinced we would have avoided the corporate governance scandals that have plagued the last summer. To force private companies to abide by the corporate governance code will do little unless the code is tightened. BHS may have been a private company, but Sports Direct is not, and we all know what has gone on there.

Similarly, to strengthen the power of boards to give oversight on how companies are run or their remuneration structures will change little unless the make-up of those boards is also shaken up, yet we all know what has happened to the Government’s commitment to put a diversity of voices on boards. It is a weakness of too many discussions of corporate governance, and a weakness reflected in this Green Paper, that they are dominated by high-profile scandals.

For too long our economy has suffered from an inherent short-termism—a short-termism that sees the long-term health of a company being sacrificed for a quick buck, and that all too often obscures the link between rewards and long-term performance. In 1970, £10 in every £100 went on dividends; now, it is between £60 and £70. It is employees and investment that have lost out from this shift. We see that in our pitiful investment and productivity rates. Britain now languishes 33rd out of the 35 OECD countries on investment rates. Seen in this light, it is no surprise that it takes British workers five days to produce what German workers produce in four—and we see this in the yawning gap between top pay and average pay: in the 10% increase in executive pay when workers are suffering 10 years of stagnant wages.

Our damaging short-termism is also seen in corporate takeovers that occur against the public interest and the company’s interest—takeovers that have instead served as a means to asset-strip, as when Kraft took over Cadbury with hedge funds buying up 31% of the shares and selling Cadbury short.

When the unacceptable face of capitalism surfaces, as it has in the last few months with the scandals in BHS and Sports Direct, what we are witnessing is the extreme manifestation of these broader problems, and that is what makes today so particularly disappointing. Corporate governance reform is not just about improving the image of our corporate sector or placating our innate sense of injustice at the lack of proportionality between the salaries of directors and their employees; nor is it just about fulfilling the wishes of the six out of 10 members of the public who, as TUC figures show, want to see workers on boards. These things matter, of course, but corporate governance reform is also about changing the way our companies, and therefore our economy, work.

The recasting of how our economy works is key to Britain’s success. Without more long-termism in our corporate practices, we will not be able to address the problems—

[Mr Speaker]

Order. The hon. Gentleman has had his five minutes. I do not know whether he was then proposing to put questions, but I gently say to Members that in these matters there is a form to be followed—a procedure to be adhered to—and although I have listened to the hon. Gentleman with great care and attention, he has contributed in the manner of a debate rather than a response to a statement. Ordinarily, I would be very happy to hear his questions, but Members cannot make a long preamble and exceed their time, and then almost as an afterthought get around to some questioning. So I think we will for now have to conclude that the hon. Gentleman has concluded his contribution. But I am sure the Secretary of State will find in the commentary some implied questions, using the great intellectual dexterity for which he is renowned in all parts of the House.

[Greg Clark]

I am grateful to you, Mr Speaker, and I apologise to the hon. Member for Norwich South (Clive Lewis) for not getting the statement to him earlier; we started a bit sooner than we were expecting, but—

[Mr Speaker]

Order. As I have mildly castigated the hon. Member for Norwich South (Clive Lewis), I should say that it must be admitted that that would have been helpful.

[Greg Clark]

You are absolutely right, Mr Speaker, and I apologise.

I hope the hon. Gentleman will contribute to the consultation. It is clear that he shares an interest in improving the standards of corporate governance, which we have done from time to time in this country over many decades. We have a good reputation for corporate governance, and it is important to record that the rest of the world looks, and has looked, with admiration at the British economy, the rule of law and the non-legislative aspects involved. I hope he will agree that the examples of poor corporate governance he mentioned are blemishes on a very strong overall record of responsible corporate behaviour in this country. We should put on record our recognition of the importance of business and our support for the job creators, the risk takers, the innovators and the investors—the people who, through their profits, generate the taxes that sustain our public services.

It is reasonable to have a constructive discussion on this matter through the consultation, and that is what we intend to do. The hon. Gentleman said that executive pay had been escalating. Perhaps he would like to reflect on the fact that the biggest rise in chief executive pay was actually in the period from 1998 to 2010, when the average rose from £1 million to £4.3 million a year and the ratio of chief executive pay to full-time employees’ pay rose from 47:1 to 132:1. He is a reasonable and generous man and I know that he will concede that, under the years of Conservative leadership, the average pay for chief executives has fallen from £4.3 million to £4.25 million a year and that that ratio has fallen from 132:1 to 128:1. So we are moving in the right direction and these further reforms will take us further.

The hon. Gentleman mentioned the proposals to have workers and consumers on boards. The Prime Minister has been very clear on this, and it is testament to her leadership that she set out her intentions right at the beginning of her term of office and that we are now coming forward with these proposals. She made it clear that we would have not just consumers but employees represented on company boards, and these proposals will allow that to happen and encourage the practice to be taken up.

The hon. Gentleman mentioned the relevance of our reforms to the more high-profile sources of controversy. Of course, one option is to extend the good provisions for public companies to our very largest private companies. He will know that the Financial Reporting Council’s governance code requires extensive monitoring of risk levels for plcs over and above the requirements placed on limited companies. He mentioned cases involving listed companies, and I hope he will agree that having a greater connection between employees and directors is a step in the right direction. Conservative Members are unashamedly and unequivocally pro-well-run business, and I hope that he shares our view. Consistent with that, it is important to work with business, employees and other groups from time to time, to look at what we can do to stay ahead of the pack. That is what this consultation does.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

Order. I would like to accommodate the substantial interest in the statement, but if I am to do so, given that there are two notable pieces of business to follow, pithiness will be required from those on the Back and Front Benches alike. That pithiness is first to be exemplified by Mr Michael Gove.

[Michael Gove (Surrey Heath) (Con)]

I congratulate my right hon. Friend on his statement today. We all know that the dynamic growth on which our future depends will be secured only if there is public support for the free market system that generates such growth. To that end, what more can he say about ensuring that we have working-class representatives at the heart of decision making in our great companies, and about effective curbs on executive pay when pay follows failure?

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

I observe in passing that there is an undiluted sea of men seeking to catch the eye of the Chair. If a female Member were to stand, she would be called, but at the moment she is not, so she will not.

[Victoria Atkins (Louth and Horncastle) (Con)]

rose—

[Mr Speaker]

If that was a serious bid, I call Victoria Atkins.

[Hon. Members]

Hear, hear!

[Victoria Atkins]

I welcome this statement. Will my right hon. Friend assist the House by saying how the plans tie in with the need to ensure that business owners comply with not only the letter of the law, but the spirit? I am thinking in particular of the Companies Act 2006 and corporate governance failures that have led to prosecutions—something that may be relevant when the hon. Member for Norwich South (Clive Lewis) talks about BHS.

[Mr Speaker]

She is not a barrister for nothing.

[Greg Clark]

My hon. Friend makes an excellent point. There are two complementary elements of corporate governance. One is the law and statutory requirements—it is important that they are enforced with vigour—but it is also true that the culture and practices of companies should reflect the high standards that we enjoy in this country and that contribute to business’s high reputation. I hope that we can further increase that through the measures that we are proposing.

Higher Education and Research Bill

John Bercow Excerpts

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Monday 21st November 2016 Commons Chamber

Consideration of Bill, as amended in the Public Bill Committee

[Mr Speaker]

Members will note that I have, unusually, selected some starred amendments. I have done so in the circumstances applying to this particular Bill—the hon. Member for Southport (John Pugh), following his point of order on this matter, will be conversant with the issues—because the deadline for tabling amendments had already passed when today’s business was announced last week. In those circumstances, it seemed to me sensible and helpful to the House to proceed in this way.

New Clause 1

Duty to monitor and report on financial sustainability

“(1) The OfS must monitor the financial sustainability of the following registered higher education providers—

(a) those who are funded wholly or partly by a grant, loan or other payment from the OfS under section 37 or 38 (financial support for providers),

(b) those who are not so funded but are eligible to receive such funding under section 37 or 38, and

(c) those who provide higher education courses which are designated for the purposes of section 22 of the Teaching and Higher Education Act 1998 (financial support for students) by or under regulations made under that section.

(2) The OfS must include in its annual report a financial sustainability summary for the financial year to which the report relates.

(3) “A financial sustainability summary” for a financial year is a summary of conclusions drawn by the OfS for that year, from its monitoring under subsection (1), regarding relevant patterns, trends or other matters which it has identified.

(4) Patterns, trends or other matters are “relevant” if—

(a) they relate to the financial sustainability of some or all of the registered higher education providers monitored under subsection (1), and

(b) the OfS considers that they are appropriate to be brought to the attention of the Secretary of State.

(5) In this section—

“annual report” means the annual report under paragraph 13 of Schedule1;

“financial year” has the same meaning as in that Schedule (see paragraph 12(6)).”—(Joseph Johnson.)

This new clause, which is for insertion after clause 61, requires the OfS to monitor the financial sustainability of registered higher education providers who are in receipt of, or eligible for, certain kinds of public funding. It requires the OfS to include in its annual report a summary of conclusions which it draws from that monitoring regarding patterns, trends or other matters which it has identified relating to the financial sustainability of some or all of the providers monitored and which it considers are appropriate to be brought to the attention of the Secretary of State.

Brought up, and read the First time.

[The Minister for Universities, Science, Research and Innovation (Joseph Johnson)]

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

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 4—Committee on Degree Awarding Powers and University Title—

“(1) The OfS must establish a committee called the “Committee on Degree Awarding Powers and University Title”.

(2) The function of the Committee is to provide advice to the OfS on—

(a) the general exercise of its functions under sections 40, 42, 43 and 53 of this Act, and section 77 of the Further and Higher Education Act 1992;

(b) particular uses of its powers under section 40(1) of this Act; and

(c) particular uses of its powers under section 77 of the Further and Higher Education Act 1992.

(3) The OfS must seek the advice of the Committee before—

(a) authorising a registered higher education provider or qualifying further education provider to grant taught awards, research awards or foundation degrees under section 40(1) of this Act;

(b) varying any authorisation made under section 40(1) of this Act so as to authorise a registered higher education provider or qualifying further education provider to grant a category of award or degree that, prior to the variation of the authorisation, it was not authorised to grant; and

(c) providing consent under section 77 of the Further and Higher Education Act 1992 for an education institution or body corporate to change its names so as to include the word “university” in the name of the institution or body corporate.

(4) The OfS must also seek the advice of UKRI before authorising a registered higher education provider or qualifying further education provider to grant research awards under section 40(1) of this Act.

(5) The OfS does not need to seek the advice of the Committee before—

(a) revoking an authorisation to grant taught awards, research awards or foundation degrees; or

(b) varying any authorisation to grant taught awards, research awards, or foundation degrees so as to revoke the authorisation of a registered higher education provider or qualifying further education provider to grant a category of award that, prior to the variation of the authorisation, it was authorised to grant.

(6) Subsection (4) applies whether the authorisation being revoked or varied was given—

(a) by an order made under section 40(1) of this Act;

(b) by or under any Act of Parliament, other than under section 40(1) of this Act; or

(c) by Royal Charter.

(7) In providing its advice to the OfS, the Committee must in particular consider the need for students, employers and the public to have confidence in the higher education system and the awards which are granted by it.

(8) The OfS must have regard to the advice given to it by the Committee on both the general exercise of its functions referred to in subsection (2) and any particular uses of its powers referred to in subsection (3).

(9) The majority of the members of the Committee must be individuals who appear to the OfS to have experience of providing higher education on behalf of an English higher education provider or being responsible for the provision of higher education by such a provider.

(10) In appointing members of the Committee who meet these criteria, the OfS must have regard to the desirability of their being currently engaged at the time of their appointment in the provision of higher education or in being responsible for such provision.

(11) The majority of the members of the Committee must be individuals who are not members of the OfS.

(12) Schedule 1 applies to the Committee on Degree Awarding Powers and University Title as it applies to committees established under paragraph 8 of that Schedule.”

This new clause would create a committee of the OfS which fulfils much the same functions as the current Advisory Committee on Degree Awarding Powers.

New clause 7—Automatic review of authorisation—

“(1) The OfS must consider whether to vary or revoke an authorisation given under section 40(1) if—

(a) the ownership of the registered provider is transferred,

(b) the owner of the registered provider has restrictions placed on its degree-awarding powers in relation to another registered provider under its control or ownership, or

(c) for any other reason considered to be in the interest of students enrolled at the institution or the public.

(2) A decision taken under sub-section (1) to vary or revoke an authorisation shall be carried out in accordance with section 43.”

This new clause would ensure that a review of a provider’s degree awarding power would be triggered if the ownership of a provider changes, if the owner of the registered provider faces restrictions to its degree awarding powers in another jurisdiction or if the OfS deems a review necessary to protect students or the wider public interest.

New clause 9—OfS report: international students—

“(1) The OfS shall, in accordance with information received under paragraph 8(1)(ba), produce an annual report for the Secretary of State on—

(a) EU (excluding from the UK), and

(b) non- EU

students enrolled with English higher education providers.

(2) A report under subsection (1) must include an assessment of—

(a) the number of international students, and

(b) the financial contribution of international students to English Higher Education providers.

(3) The Secretary of State shall lay the report produced under subsection (1) before each House of Parliament.”

New clause 12—Prohibition: use of quality of higher education when determining a visa application—

“An assessment made of the quality rating of a higher education provider in the United Kingdom under section 25 of this Act may not be used when assessing a person’s eligibility for leave to enter or remain in the United Kingdom under Part 1 of the Immigration Act 1971.”

New clause 14—Post Study Work Visa: evaluation—

“(1) Within six months of this Act coming into force, UKRI must commission an independent evaluation of the matters under subsection (1B) and shall lay the report before the House of Commons.

(1B) The evaluation under subsection (1A) must assess—

(a) the effect of the absence of post study work visas for persons graduating from higher education institutions in the United Kingdom on—

(i) the economy, efficiency and effectiveness of the higher education sector, and

(ii) the UK economy, and

(b) how post study work visa arrangements might operate in the UK, including an estimate of their effect on—

(i) the economy, efficiency and effectiveness of the higher education sector, and

(ii) the UK economy.”

This new clause would require UKRI to commission research on the effects of the absence of arrangements for post study work visas and assess how such arrangements could operate in the UK and their effect on the higher education sector and the UK economy.

New clause 15—Standing Commission on the integration of higher education and lifelong learning—

“(1) The Secretary of State shall establish a Standing Commission on the integration of Higher Education and Lifelong Learning.

(2) The terms of reference of the Commission shall include the following purposes—

(a) to report on progress being made in respect of the opportunities available to individuals, employers and communities to integrate higher education with lifelong learning in England;

(b) to consider the potential to update and review the range of higher education qualifications available for mature students at all registered higher education providers;

(c) to evaluate current funding systems for registered higher education providers with respect to the opportunities available to individuals, employers and communities to integrate higher education with life-long learning, in England;

(d) to examine and report on the introduction of personal learning accounts to be used for higher education—

(i) funded on the contributory principle from employers, individuals and structures of devolved local and national government; and

(ii) on the arrangements that will operate to facilitate input from corporate or trade union bodies, which can be used to support lifelong learning and adult education;

(e) to examine and report on the potential to develop education and skills accounts (ESAs), including the possibility of a single lifetime higher education entitlement; and

(f) to examine and report on the establishment of a national credit rating, accumulation and transfer system as a mechanism to improve flexible learning in further and higher education, including for mature students, and on the feasibility of a digital credit system, which could also facilitate where appropriate the integration of work-based learning and higher education.

(3) The Commission will make the following reports on the matters set out at subsection (2) to be laid before Parliament—

(a) within 12 months of its establishment; and

(b) thereafter annually.

(4) When the report in respect of ESAs required at subsection (2)(e) has been made, the Secretary of State may authorise the OfS to work with higher education providers, employers and financial institutions to develop a framework for ESAs.”

New clause 16—Migration Statistics: students—

“When the Secretary of State publishes statistics on the immigration of people to the United Kingdom, the relevant publication must provide—

(a) the figures net and gross of those people who are students studying in the UK, or

(b) a note indicating how many students included in the total immigration figures are students studying in the UK.”

Government amendment 1.

Amendment 51, in clause 5, page 4, line 9, at end insert—

“(1A) Subject to subsection (1C), initial registration conditions of all providers under paragraph (1)(a) must include a requirement that every provider—

(a) provides all eligible students with the opportunity to opt in to be added to the electoral register through the process of enrolling with that provider, and

(b) enter into a data sharing agreement with the local electoral registration officer to add those students to the electoral register.

(1B) For the purposes of subsection (1A)—

(a) a “data sharing agreement” is an agreement between the higher education provider and their local authority whereby the provider shares—

(i) the name,

(ii) address,

(iii) nationality,

(iv) date of birth, and

(v) national insurance data of all eligible students enrolling and/or enrolled with the provider who opt in within the meaning of subsection (2A)(a);

(b) “eligible” means those persons who are—

(i) entitled to vote in accordance with section 1 of the Representation of the People Act 1983, and

(ii) a resident in the same local authority as the higher education provider.

(1C) Subsection (1A) does not apply to the Open University and other distance learning institutions.”

This amendment would ensure that the OfS includes as a registration condition for higher education providers the integration of electoral registration into the student enrolment process. Distance-learning providers are exempt.

Amendment 37, page 4, line 17, after “providers” insert “, staff and students”.

This amendment would ensure consultation with bodies representing higher education staff and students.

Amendment 52, in clause 8, page 5, line 35, at end insert—

“(ba) a condition that requires the governing body of the provider to provide the OfS with information on the number of international students enrolled on a higher education course at that institution and the fees charged to those students,”

Amendment 38, page 5, line 39, at end insert—

“and

(d) an access and participation plan condition, as defined in section 12.”

This amendment would make access and participation plans mandatory for all higher education providers.

Government amendment 2.

Amendment 39, in clause 9, page 6, line 13, at end insert—

“(iv) age band,

(ii) people with disabilities, and

(iii) care leavers.”

This amendment would include the number of people with disabilities and care leavers, as well as the age of applicants, in the published number of applications.

Government amendments 3 and 4.

Amendment 46, in clause 25, page 15, line 25, at beginning insert “Subject to subsection (7),”.

See the explanatory statement for amendment 47.

Amendment 49, page 15, line 32, at end insert—

“(1A) The scheme established under subsection (1) shall have two ratings—

(a) meets expectations, and

(b) fails to meet expectations.

(1B) Each year, after the scheme established under subsection (1) comes into force the OfS must lay a report before Parliament on the number of international students—

(a) applying to, and

(b) enrolled

at the Higher Education Providers that have applied for a rating within the meaning of subsection (1).”

This amendment provides for a pass/fail only Teaching Excellence Framework (TEF) rating, and requires the OfS to report on the number of international students applying to and attending Higher Education providers each year from the coming into force of the TEF.

Amendment 47, page 16, line 23, at end insert—

“(7) No arrangements for a scheme shall be made under subsection (1) unless a draft of the scheme has been laid before and approved by a resolution of both Houses of Parliament.”

This amendment and amendment 46 would ensure TEF measures were subject to scrutiny by, and approval of, both Houses of Parliament.

Amendment 50, page 16, line 23, at end insert—

“(7) In making arrangements under sub-section (1), the OfS must make an assessment of—

(a) the evidence that any proposed metric for assessing teaching quality is correlated to teaching quality, and

(b) the potential unintended consequences that could arise from implementing the scheme including proposals on how such risks can be mitigated.

(8) Prior to making an assessment under subsection (7) the OfS must consult—

(a) bodies representing the interests of academic staff employed at English higher education providers,

(b) bodies representing the interests of students enrolled on higher education courses, and

(c) such other persons as the OfS considers appropriate.

(9) The assessments made under subsection (7) must be published.”

This amendment would require an assessment of the evidence of the reliability of the TEF metrics to be made and for the assessment to be published.

Government amendments 5 to 11.

Amendment 40, in clause 40, page 23, line 22, at end insert—

“(c) the OfS is assured that the provider is able to maintain the required standards of a UK degree for the duration of the authorisation; and

(d) the OfS is assured that the provider operates in students’ and the public interests.”

This amendment requires the OfS to be assured about the maintenance of standards and about students’ and the public interest before issuing authorisation to grant degrees.

Amendment 41, page 23, line 47, at end insert—

“(9A) In making any orders under this section, and sections 41, 42 and 43, the OfS must have due regard to the need to maintain confidence in the higher education sector, and in the awards which they collectively grant, among students, employers, and the wider public.”

This amendment would ensure that the granting and removal of degree awarding powers would be linked to a need to maintain confidence in the sector, and with a view to preserving its excellent reputation.

Amendment 58, in clause 51, page 31, line 41, at end insert—

“(A2) The power described in subsection (A1) may be exercised so as to include the word “university” in the name of the institution only if the institution can demonstrate that—

(a) it offers access to a range of cultural activities, including, but not restricted to—

(i) the opportunity to undertake sport and recreation, and

(ii) the opportunity to access a range of student societies and organisations,

(b) it provides students support and wellbeing services including specialist learning support,

(c) it provides opportunities for volunteering,

(d) it provides the opportunity to join a students’ union, and

(e) it plays a positive civic role.”

Government amendments 12, 13, 18 and 19.

Amendment 36, in schedule 1, page 69, line 37, at end insert—

“(h) being an employee of a higher education provider, particularly in the capacity of teaching or researching.”

This amendment would ensure the Secretary of State had regard for the experience of higher education employees, teaching or research staff.

Amendment 48, page 69, line 37, at end insert—

“(h) representing or promoting the interests of employees in higher education establishments.”

This amendment requires that at least one of the ordinary members of the OfS has experience of representing or promoting the interests of employees in higher education.

Government amendments 21 to 34.

[Joseph Johnson]

New clause 1 relates to the Office for Students, which is central to the Bill and has quality, student choice, equality of opportunity and value for money at its core. Through the creation of the independent OFS, the Bill will join up the currently fragmented regulation of the sector—essential to ensure that students are protected, and that students and the taxpayer receive good value for money from the system. The Bill will boost social mobility and promote opportunity for all. It will drive up innovation, diversity, quality and capacity in our world-class higher education sector, while protecting academic freedom and institutional autonomy. The Bill will also create UK Research and Innovation, a new body with strategic vision for research and innovation in the UK.

I am pleased that the Bill received such thorough scrutiny in Committee. I have reflected on the points made by Opposition Members and I am pleased to present some important amendments today. We made it clear in our White Paper that the OFS will have responsibility for oversight of the financial health of the sector, and will monitor the sustainability of individual institutions. It is absolutely essential that all providers who are eligible to receive some form of public funding have sustainable finances to ensure value for students and taxpayers.

We have listened to stakeholder evidence and to the Committee debates. Stakeholders including Universities UK consider the Higher Education Funding Council for England’s holistic oversight of the health of the sector to be an essential part of the regulator’s role. I understand the importance of this oversight in maintaining confidence in the sector and preserving its world-class reputation. The stakeholders share the desire to make our policy intention in the White Paper explicit in legislation. This role will include financial oversight of all the institutions’ activities, spanning teaching and research.

--- Later in debate ---

[Wes Streeting]

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

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 3—Student loans: regulation—

“(1) Any loan granted under section 22(1) of the Teaching and Higher Education Act 1998, (“student loans”) irrespective of the date on which the loan was granted, shall be regulated by the Financial Conduct Authority.

(2) Any person responsible for arranging, administering or managing, or offering or agreeing to manage, student loans shall be regulated by the Financial Conduct Authority.”

New clause 5—Revocation of the Education (Student Support) (Amendment) Regulations 2015—

“The Education (Student Support) (Amendment) Regulations 2015 (Statutory Instrument No. 1951/ 2015) are revoked.”

This new clause would revoke the Education (Student Support) (Amendment) Regulations 2015, which moved support for students from a system of maintenance grants to loans.

New clause 6—Higher Education loans: restrictions on modification of repayment conditions—

“(1) A loan made by the Secretary of State to eligible students in connection with their undertaking a higher education course or further education course under the Teaching and Higher Education Act 1998 shall—

(a) not be subject to changes in repayment conditions retroactively without agreement from both Houses of Parliament;

(b) not be subject to changes in repayment conditions in the event of the loan being sold to private concerns, unless these changes are made to all loans, in the manner prescribed above;

(c) be subject to beneficial changes, principally to the repayment threshold, in line with average earnings.

(2) In section 8 of the Sale of Student Loans Act 2008, for subsection (1) substitute—

‘(1) Loans made in accordance with regulations under section 22 of the Teaching and Higher Education Act 1998 (c. 30) are to be regulated by the Consumer Credit Act 1974 (c. 39).’”

This new clause would ensure no retroactive changes could be made to student loan repayment conditions without agreement from both Houses of Parliament.

New clause 8—Access to support for students recognised as needing protection—

“(1) Within six months from the day on which this Act comes into force, the Secretary of State must, by regulations made under the Higher Education Act 2004 and the Teaching and Higher Education Act 1998,make provision for financial support for higher education courses offered to students with certain immigration statuses.

(2) The regulations specified in sub-section (1) must include, but shall not be restricted to—

(a) provision for persons who have been brought to the UK under the Syrian Vulnerable Persons Relocation Scheme, or any equivalent scheme, and their family members to access student loans on the same basis as refugees recognised in-country, and

(b) provision for persons who have claimed asylum and been granted a form of leave to remain in the UK to be eligible for—

(i) home fees for a higher education course if they have been ordinarily resident in the United Kingdom and Islands since being granted leave, and

(ii) student loans for a higher education course, if—

(a) they have been ordinarily resident in the United Kingdom and Islands since being granted leave, and

(b) are ordinarily resident in the United Kingdom and Islands on the first day of the first academic term of that course.

(3) In this section—

‘home fees’ means fees for a higher education course charged to persons considered as ‘qualifying persons’ under regulations made under the Higher Education Act 2004;

‘student loans’ means loans made to students in connection with their undertaking of a higher education course under the Teaching and Higher Education Act 1998.”

This new clause would allow all refugees resettled to the UK, as well as people seeking asylum granted forms of leave other than refugee status, to access student finance and home fees.

New clause 10—Student support: requirement to assess repayment terms—

“(1) The Teaching and Higher Education Act 1998 is amended as follows.

(2) In Section 22 (new arrangements for giving financial support to students)—

(a) in subsection (3)(b), after “and” insert “subject to subsection (3A)”

(b) after subsection (3) insert—

‘(3A) Regulations under subsection (3)(b) must include a level of earnings below which a person shall not be required to make repayments of such a loan.’

(3) After Section 22 insert—

‘(22A) Duty to assess consumer prices in determining terms for loan repayments

(1) In relation to regulations made under section 22(3A) the Secretary of State must, for each tax year, review UK consumer price inflation for the period since the last review under this sub-section.

(2) If the review concludes that consumer prices for the previous tax year have increased, the Secretary of State shall, by order, amend the level of earnings specified in regulations made under sub-section 22(3A) by the same percentage increase as consumer price inflation determined under sub-section (1).

(3) If the Secretary of State is not required to make an order under this section, the Secretary of State shall lay before each House of Parliament a report explaining the reasons for arriving at that determination.

(4) For the purpose of this section—

‘consumer prices’ means the Consumer Price Index;

‘consumer price inflation’ refers to the annual assessment made by the Office for National Statistics in the UK consumer price inflation Statistical bulletin.’”

Government amendments 14 to 16 and 20.

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This amendment requires the Secretary of State, when appointing members of UKRI, to have regard to the desirability of at least one of the members having relevant experience in relation to at least one of Wales, Scotland and Northern Ireland. “Relevant experience” is defined in the amendment.

[Mr Speaker]

Our consideration having been completed, I will now suspend the House for no more than five minutes in order to make a decision about certification. The Division bells will be rung two minutes before the House resumes. Following my certification, the Government will table the appropriate consent motions. Copies of the consent motions will be available shortly in the Vote Office and will be distributed by the Doorkeepers.

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On resuming—

[Mr Speaker]

I can now inform the House of my decision about certification. For the purposes of Standing Order No. 83L(2), I have certified clause 81 of the Higher Education and Research Bill as relating exclusively to England and Wales and within devolved legislative competence; and clause 56 and schedule 5 as relating exclusively to England and within devolved legislative competence. Under paragraphs (4) and (5) of Standing Order No. 83L, I have also certified the following amendments as relating exclusively to England: amendments 109, and 243 to 245 made in Public Bill Committee to clause 80 of the Bill as introduced (Bill 4), now clause 81 of the Bill as amended in the Public Bill Committee (Bill 78). Copies of my certificate are available in the Vote Office.

Under Standing Order No. 83M, consent motions are therefore required for the Bill to proceed. Does the Minister intend to move the consent motions?

[Joseph Johnson]

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).

[Natasha Engel in the Chair]

Motion made, and Question put forthwith (Standing Order No. 83E),

That the Committee consents to the following certified clause of the Higher Education and Research Bill:

Clauses and schedules certified under Standing Order 83L(2) as relating exclusively to England and Wales and being within devolved competence

Clause 81 of the Bill (Bill 78)—(Joseph Johnson.)

Question agreed to.

The House forthwith resolved itself into the Legislative Grand Committee (England) (Standing Order No. 83M(4)(d)).

Motion made, and Question put forthwith (Standing Order No. 83M(4)(d)),

That the Committee consents to the following certified clauses and schedules of the Higher Education and Research Bill and certified amendments made by the House to the Bill:

Clauses and schedules certified under Standing Order No. 83L(2) as relating exclusively to England and being within devolved legislative competence

Clause 56 of and Schedule 5 to the Bill (Bill 78);

Amendments certified under Standing Order No. 83L(4) as relating exclusively to England

Amendments 109, 243, 244 and 245 made in the Public Bill Committee to clause 80 of the Bill as introduced (Bill 4), which is Clause 81 of the Bill as amended in the Public Bill Committee (Bill 78)—(Joseph Johnson.)

Question agreed to.

The occupant of the Chair left the Chair to report the decisions of the Committees (Standing Order No. 83M(6)).

The Speaker resumed the Chair; decisions reported.

Third Reading

Queen’s consent signified.

Oral Answers to Questions

John Bercow Excerpts

Tuesday 8th November 2016 Commons Chamber

[Mr Hurd]

I congratulate my hon. Friend on his persistence in pressing this point. I have nothing to add to the bureaucratic prose that the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman), has placed so elegantly on the record. We will look at the matter seriously.

[Mr Speaker]

The Chair of the Select Committee, no less: Mr Iain Wright.

[Mr Iain Wright (Hartlepool) (Lab)]

The UK has slipped to 14th place in Ernst and Young’s renewable energy country attractiveness index. It is our lowest ever placing, behind the likes of Chile and Morocco. EY states that various Government actions, as well as Brexit,

“have dealt a blow to the country’s already floundering renewable energy sector and its attractiveness in the eyes of investors.”

I know that the Minister, who is committed to this issue, will be concerned about that. What steps are the Government actively taking and what steps will be taken soon to secure energy confidence and investment to ensure that this promising and vital sector can flourish?