449 John Bercow debates involving the Cabinet Office

Higher Education Funding

John Bercow Excerpts
Thursday 8th January 2015

(9 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I call the Chair of the Business, Innovation and Skills Committee, Mr Adrian Bailey, although I think that he is speaking in a personal capacity.

Adrian Bailey Portrait Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)
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I beg to move,

That this House notes the Third Report from the Business, Innovation and Skills Committee, Student Loans, HC 558, and the Government response, HC 777; and calls on the Government to outline proposals that will sustain funding for the sector while addressing the projected deficit in public funding.

I thank the Backbench Business Committee for agreeing to hold this debate, which is of huge significance to universities up and down the country and, indeed, to the cohorts of students at or about to go to those universities. The debate is essentially about the Business, Innovation and Skills Committee report on student loans. I must thank my Committee colleagues because the report’s recommendations to the Government were unanimously agreed on a cross-party basis. It is fair to say that they reflect the concerns of Members from both sides of the House.

I will also draw on other reports not mentioned in the motion, including some by academic and university institutions, but particularly a report by the independent Institute for Fiscal Studies and one by the Higher Education Commission. I stress that the IFS is an independent body with expertise across both the academic and economic spheres, and that the Higher Education Commission report was co-chaired by the Conservative peer Lord Norton of Louth and Dr Ruth Thompson. Although the reports’ details may vary, their conclusions are remarkably coherent and consistent.

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Adrian Bailey Portrait Mr Bailey
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I agree. What I find odd is that Ministers will pray in aid a body such as the OECD, but refuse to recognise the overwhelming consensus of opinion of experts across the academic and economic sphere in this country that the system is unsustainable.

So far, the Government’s approach has basically been to say that the figures on which the estimates are based are essentially projected hypothetical figures, which could be altered if macro-economic conditions change. I certainly accept that that is absolutely true in broad terms. One point quoted more often than others is that if graduate incomes increase, it will substantially alter the projected potential deficits and increase in RAB charges.

The trouble is that it is possible to look at a whole range of economic variables, many of which might work in the other direction. Let me cite a couple of examples off the top of my head, but there are many others. First, if the cap in student numbers is removed and we have a larger number of graduates coming on the market as a result, that could further depress the starting salaries for graduates to a lower level than before. That could also have a significant impact on future RAB charges. If the Government had to borrow money at a higher rate than applies at the moment in order to re-lend, that, too, could considerably alter RAB charges.

John Bercow Portrait Mr Speaker
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Order. I am listening intently and with great interest to the hon. Gentleman’s opening speech. I hope he will not take it amiss if I express the hope that the four or five sets of papers arrayed in front of him do not constitute individual chapters in the development of his speech. Although we are not hugely pressed for time, there are several other hon. Members who wish to contribute. The hon. Gentleman, being a considerate and sensitive fellow, will wish to tailor his remarks accordingly.

Adrian Bailey Portrait Mr Bailey
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Thank you, Mr Speaker. I reassure you that, given the expertise of some Government Members, and one in particular, the papers in front of me are there to provide a factual basis on which I can respond to them. I am coming on to conclude my particular comments.

The broad point is that where it is possible to look at future macro-economic variables that will benefit the RAB charge, it is equally possible to look at a whole range of them that do not or even work in the opposite direction. What I find particularly worrying is that so far, on the basis of available evidence, it is the authoritative research organisations that have predicted an increase in the RAB charge and they have proved to be correct, while the Government sources, which have been very complacent on this issue, have not been proved correct.

I have spoken about the range of the research done on this issue. In summing up, as a Committee, we did not put any specific proposals before the Government. What we wanted was a review. I recognise that a number of organisations and individuals have looked at this in some detail. They include, of course, the Higher Education Commission, and I am sure that my hon. Friend the Member for Huddersfield (Mr Sheerman) will talk about some of its recommendations. They also include my right hon. Friend the Member for Southampton, Itchen (Mr Denham), who I know has done considerable research and will want to talk about his suggestion, and, of course, the shadow Minister, my right hon. Friend the Member for Birmingham, Hodge Hill (Mr Byrne).

I think it important for us to begin by recognising that there is a problem, but the Government do not appear to recognise that. It is not possible to solve a problem without starting from the basis that there is one, and it seems to me that the Government are sticking their head in the sand. All those other organisations and individuals are putting considerable effort and research into finding a solution, but from the Government we have had no response, just the complacent argument that there is no problem so no problem needs to be fixed. I believe, my colleagues on the Committee believe, and an increasing body in the academic and economic world believes that there is a problem, that there needs to be a review, and that we need to look at these issues. There is no easy answer, no silver bullet, but universities and future cohorts of students can reasonably expect to have some sort of answers to these questions.

Oral Answers to Questions

John Bercow Excerpts
Wednesday 7th January 2015

(9 years, 4 months ago)

Commons Chamber
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Lord Maude of Horsham Portrait Mr Maude
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I did not catch much of what the hon. Gentleman said, but I will happily look at the transcript and come back to him with a detailed reply.

John Bercow Portrait Mr Speaker
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That is a commentary on the amount of noise. Let us have a bit of order for Mr Adam Holloway.

Adam Holloway Portrait Mr Adam Holloway (Gravesham) (Con)
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T5. Will the Minister update us on the timing of the publication of the Chilcot report?

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Lord Cameron of Chipping Norton Portrait The Prime Minister
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Our changes have cut bureaucracy and saved £4.9 billion. That is why there are 9,000 more doctors, 3,000 more nurses, and 6 million more people getting in-patient appointments—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. There is too much noise in the Chamber from both sides of the House. The Prime Minister’s answers must be heard.

Lord Cameron of Chipping Norton Portrait The Prime Minister
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You can see this as plain as you like: the Leader of the Opposition apparently said to the political editor of the BBC, “I want to weaponise the NHS.” That is what he said, and I think that is disgraceful. The NHS is not a weapon, it is a way we care for our families, it is a way we care for the elderly, it is a way we look after the frail. Perhaps when he gets to his feet he will deny that he said he wanted to “weaponise” the NHS—a disgusting thing to say.

Edward Miliband Portrait Edward Miliband
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I will tell the Prime Minister what is disgusting—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. I said a moment ago that the Prime Minister’s answers must be heard. The Leader of the Opposition’s questions must be heard as well. It is very simple.

Edward Miliband Portrait Edward Miliband
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I will tell him what is disgusting—a Prime Minister who said that people could put their trust in him on the NHS. He has betrayed that trust. He is in denial about the crisis in the NHS. This is a crisis on his watch as a result of his decisions. That is why people know that if they want to get rid of the crisis in the NHS, they have to get rid of this Prime Minister.

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Lord Cameron of Chipping Norton Portrait The Prime Minister
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All our health services right across the United Kingdom face a challenge. Actually, the English NHS that I am responsible for is performing better than the Welsh NHS, the Scottish NHS and the NHS in Northern Ireland, but the facts are these: compared with four years ago there are 2,500 more people every day seeing a doctor or a nurse within four hours. Why is that happening? Because we put the money in; and when we put the money in, the shadow Health Secretary said it was irresponsible. Presumably that is why Labour cut the NHS in Wales.

John Bercow Portrait Mr Speaker
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I call Sir David Amess.

None Portrait Hon. Members
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Hear, hear.

Oral Answers to Questions

John Bercow Excerpts
Tuesday 6th January 2015

(9 years, 4 months ago)

Commons Chamber
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None Portrait Several hon. Members
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rose—

John Bercow Portrait Mr Speaker
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Order. By the content of his answer, the Minister has opened matters a bit beyond Birmingham and we might even stretch to Wiltshire. I call James Gray.

James Gray Portrait Mr James Gray (North Wiltshire) (Con)
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Does my right hon. Friend agree that one of the political and constitutional reforms that would most benefit the people of Birmingham, as well as the people in North Wiltshire and elsewhere in England, would be the early introduction of English votes on English matters?

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Ian Murray Portrait Ian Murray
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The Deputy Prime Minister says that he supports the Prime Minister on a full range of Government policy; I should think that as the Deputy Prime Minister he supports the Prime Minister on the whole range of Government policy. The Government have been incredibly complacent about the role of individual voter registration. I have over 10,000 students in my constituency, many thousands of whom are not registered. What is the Deputy Prime Minister going to do about that? How is he going to spend the £10 million emergency fund? Is it not a recognition that this is a huge problem across the country and should be dealt with?

John Bercow Portrait Mr Speaker
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Order. I remind Members that topical questions are supposed to be shorter.

Nick Clegg Portrait The Deputy Prime Minister
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The new system is supported on all sides of the House. It was originally planned by the previous Government to move to a system of individual voter registration, so that we move beyond the paternalism which assumed that the head of a household would always register the people in that household. The new system gives everybody the individual right to decide for themselves how and when they want to be registered. As the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for East Surrey (Mr Gyimah), just explained, we are providing resources and are considering providing more resources to local authorities in those areas where certain groups are at present under-registered.

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Nick Clegg Portrait The Deputy Prime Minister
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A well prepared and much—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. Whether the question is well prepared or not is not for the Chair to decide; what the Chair does want is to hear the answer.

Nick Clegg Portrait The Deputy Prime Minister
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A well prepared and obviously much rehearsed question. My view, as the hon. Gentleman’s party hares off to the right and the Labour party hares off to the left, is that the majority of the British people want us to stick to the course of fixing the economy but doing so in a spirit of fairness and compassion. That is why my party, unlike the other two, will remain firmly camped on the centre ground.

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Nick Clegg Portrait The Deputy Prime Minister
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As the hon. Gentleman may know, the growth deal for London had a particular focus on giving greater flexibility and freedom to decision makers in London to address the skills gaps not only in the economy as a whole but in London in particular. As he rightly alluded to, there are of course pockets of real deprivation in our capital city, but there are also pockets of folk, both young and old, who simply do not have the skills needed to get themselves back into the labour market.

John Bercow Portrait Mr Speaker
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Mr Ian Davidson. Not here.

Jack Dromey Portrait Jack Dromey (Birmingham, Erdington) (Lab)
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T4. From Lincolnshire to London, chief constables are expressing mounting concern over the Government’s proposed cuts to policing leading to neighbourhood policing being hollowed out, response times getting longer, victims being let down and, crucially, public safety being put at risk. Are they right?

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Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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Between November 2012 and June 2014, 1,447 CPS lawyers completed the cyber-crime cyber-stalking course, which was developed by the CPS for all prosecutors. However, in a written answer from the Solicitor-General in October 2014, I was advised that a lower figure now applied. Will he please give us an update on the progress of how many CPS lawyers are undertaking this very important training?

John Bercow Portrait Mr Speaker
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May I in a very gentle way say that lawyers’ questions and answers tend to be learned and lucid, but also rather long? Perhaps the Solicitor-General can disprove the trend.

Robert Buckland Portrait The Solicitor-General
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The right hon. Gentleman and I share a continuing interest in, and passion for, reforming the law on stalking and harassment and ensuring that implementation is carried out. I am able to update him. As of 31 December last year, 1,402 CPS employees had undergone the training.

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Robert Buckland Portrait The Solicitor-General
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It is difficult to compare the CPS with the SPA because the sheer number of cases before the SPA will be much lower. When it comes to decision making on prosecution, CPS best practice is replicated in the SPA, and joint training and a lot of joint working takes place. The problems identified by the Liberty report, among others, are more to do with the investigation of offences as opposed to their prosecution.

John Bercow Portrait Mr Speaker
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I call Mr Karl Turner.

None Portrait Hon. Members
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Hear, hear!

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None Portrait Several hon. Members
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rose—

John Bercow Portrait Mr Speaker
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May we have a very brief question from Mr Barry Sheerman, and a very brief answer?

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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I have encountered a case in which someone was bailed for even longer without being charged. That has ruined the lives of two people, and it has gone on and on. What is the longest period of bail without charge of which the Attorney-General is aware?

Food Banks

John Bercow Excerpts
Wednesday 17th December 2014

(9 years, 4 months ago)

Commons Chamber
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Huw Irranca-Davies Portrait Huw Irranca-Davies (Ogmore) (Lab)
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On a point of order, Mr Speaker. I know you have just come into the Chair, so I shall be brief. The Secretary of State for Environment, Food and Rural Affairs was here at the start of the debate, but has chosen not to take part, while the Minister who I understand is to wind up the debate was not here for the opening remarks or interventions. Bearing in mind the importance of this debate, that seems disrespectful to me, as it will seem to others listening to the debate, not just us as parliamentarians. Will you give some guidance on the rules governing who should be here and when?

John Bercow Portrait Mr Speaker
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I am grateful to the hon. Gentleman for his point of order. I shall be corrected if I am wrong, but my understanding is that the Minister had another engagement of a ministerial and parliamentary character elsewhere on the estate—I think in Westminster Hall.

John Bercow Portrait Mr Speaker
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I will come back, but first let us hear what the Minister has to say.

George Eustice Portrait George Eustice
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I am grateful for this opportunity to explain why I could not be here for the opening comments of the hon. Member for Garston and Halewood (Maria Eagle). I was indeed representing the Government in a Westminster Hall debate on the welfare of greyhounds called by an Opposition Member, as I explained to Madam Deputy Speaker before the commencement of the debate.

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John Bercow Portrait Mr Speaker
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It is a regrettable state of affairs, it has to be said, but the Minister has explained his position with courtesy, for which I thank him. The hon. Member for Ogmore (Huw Irranca-Davies) has put his point on the record, and people will form their own view about the appropriateness of the organisation of matters. We will leave it there.

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None Portrait Several hon. Members
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rose

John Bercow Portrait Mr Speaker
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A very large number of colleagues are seeking to catch my eye, as a result of which I have to reduce the time limit on Back-Bench speeches to three minutes with immediate effect.

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Luciana Berger Portrait Luciana Berger
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I have been asked not to, because other Members wish to speak.

A family in my constituency have been waiting since August to get their tax credit application processed, and they are having to live on food bank vouchers because they have nothing to eat at home. I pay tribute to James Sloan and those at Central Liverpool food bank who do such an excellent job in providing people with support, and the volunteers who give their time to collect food, the people who donate very generously—in Liverpool, we have had one of the most generous supermarket collections anywhere across the country—and the people who give their time to listen and to provide a cup of tea.

However, I reiterate that we should not need those volunteers. We should not need the hundreds of food banks. We should not have 1 million people having to access emergency food aid. It is a disgrace that over 23,000 people—

John Bercow Portrait Mr Speaker
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Order. Time is up. Before I call the next speaker, let me say to the House that I know that nobody intends any discourtesy, but it is frankly discourteous for Members on the Treasury Bench to be chattering to each other when an hon. Member is speaking. These are important matters. Please let us treat each other with appropriate respect. I hope that the Minister, who is sitting there impassively, has got the point—he had better have got it.

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None Portrait Several hon. Members
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rose

John Bercow Portrait Mr Speaker
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Order. The Front-Bench speeches will begin at 6.46 pm. There is no obligation on Members to take the full three minutes, and those who take less time will help others.

Oral Answers to Questions

John Bercow Excerpts
Wednesday 10th December 2014

(9 years, 5 months ago)

Commons Chamber
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Nick Clegg Portrait The Deputy Prime Minister
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We will stick to the timetable to which all the main parties in Westminster committed themselves at the time of the referendum. We have stuck to that timetable religiously so far. In fact, despite predictions to the contrary by the Scottish National party, we have over-delivered on the commitments regarding further devolution to Scotland.

As the hon. Gentleman knows, a lively debate is taking place about the franchise for 16 and 17-year-olds. My party has always believed that we should give them the right to vote. They took up that right with alacrity at the time of the Scottish referendum, but the issue will clearly continue to be debated across parties in the House.

John Bercow Portrait Mr Speaker
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I call Mr Michael Thornton.

Mike Thornton Portrait Mike Thornton (Eastleigh) (LD)
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Thank you, Mr Speaker. I am a bit surprised!

John Bercow Portrait Mr Speaker
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The hon. Gentleman was standing, so presumably he was standing in the hope of being called. I do not know why he is so surprised.

Mike Thornton Portrait Mike Thornton
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Sometimes I worry I might forget where I am.

Some of the most heart-rending cases in my surgery on a weekly basis involve people who have had mental health difficulties and feel let down by the national health service and other organisations set up to help them. Does the Deputy Prime Minister agree with me that it is time we did more?

Oral Answers to Questions

John Bercow Excerpts
Wednesday 26th November 2014

(9 years, 5 months ago)

Commons Chamber
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Alistair Carmichael Portrait Mr Carmichael
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Let us reflect for a second on what the hon. Lady has just said. There is no doubt about the commitment to bring the T26 ships to the Clyde. That is an absolute commitment—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. The parliamentary leader of the Scottish National party is behaving as though he were a kind of pre-programmed computer with a monotonous yell. He should stick to sucking his glasses. We do not need to hear that. He wants to be a statesman, but that is not statesmanlike.

Alistair Carmichael Portrait Mr Carmichael
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Thank you, Mr Speaker. I am afraid that the hon. Member for Moray (Angus Robertson) behaves exactly as we all expect him to. We have come to expect no more of him than that. The hon. Member for Banff and Buchan (Dr Whiteford) asked about the publication of the agreement. She should raise that matter with the appropriate Department.

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Jim McGovern Portrait Jim McGovern
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Last week, Glasgow Celtic, the football club that I support—indeed, I am a season ticket holder—announced that anyone working there who was not on the living wage would be put on to it. That will mean a major increase for many of the club’s employees. Where Celtic leads, many others follow. We have only to look back to 1967 when Celtic became the first British club to win the European cup. They were followed, famously, by Manchester United in 1968—

John Bercow Portrait Mr Speaker
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Order. It is time for the hon. Gentleman to take his penalty, for goodness’ sake!

Jim McGovern Portrait Jim McGovern
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What can the Minister do to ensure that more organisations and major employers in Scotland pay the living wage?

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None Portrait Several hon. Members
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rose

John Bercow Portrait Mr Speaker
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Order . There is far too much noise in the Chamber. Let us hear Mr John Thurso.

Viscount Thurso Portrait John Thurso (Caithness, Sutherland and Easter Ross) (LD)
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Thank you, Mr Speaker. My right hon. Friend will be aware of the excellent project to roll out fibre and broadband in Caithness, Sutherland and Ross-shire, with welcome funding from this Government. Is he as surprised as I am to learn that neither Openreach, nor the Highlands and Islands Enterprise is either capable or willing to say who will benefit? What can we do to get transparency into this process, so that these communities know what they are getting?

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Mark Reckless Portrait Mark Reckless (Rochester and Strood) (UKIP)
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I am grateful to the Prime Minister—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. A Parliament, if it believes in anything, believes in free speech. I do not need the heckling: it is tedious and low grade. The hon. Gentleman will be heard, however long it takes—it is as simple as that.

Mark Reckless Portrait Mark Reckless
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I am grateful to the Prime Minister for spending so much time in Rochester and Strood. Dr Phillip Barnes, the acting chief executive of Medway Maritime hospital, said this morning that what our hospital needs is a period of patience and stability. Does the Prime Minister agree?

Recall of MPs Bill

John Bercow Excerpts
Monday 24th November 2014

(9 years, 5 months ago)

Commons Chamber
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Julian Huppert Portrait Dr Julian Huppert (Cambridge) (LD)
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I beg to move, That the clause be read a Second time.

John Bercow Portrait Mr Speaker
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With this it will be convenient to discuss the following:

New clause 3—Recall condition: consideration by election court

‘(1) This section applies when a petition alleging conduct by an MP which constitutes misconduct in the office of member of parliament has been received by an election court as properly presented under section (The third recall condition: method of petitioning an election court).

(2) The court may consider such conduct wherever it is committed, and whether or not it is committed directly in carrying out the office of member of parliament.

(3) The court must examine evidence adduced of misconduct, and any evidence produced in rebuttal by the MP.

(4) The court must consider whether, on the basis of such evidence, it is reasonable to believe that the MP has misconducted himself or herself, to such a degree as to amount to an abuse of the public’s trust in the MP, without reasonable excuse or justification.

(5) If the court considers, on the basis of such evidence, that the allegation of misconduct is—

(a) not supported by the evidence; or

(b) trivial or vexatious in nature; or

(c) brought for party political purposes;

then the court must dismiss the petition.

(6) If the decision of the court is that the alleged behaviour is such as to satisfy subsection (4), then it must notify The Speaker that it has so determined.

(7) Nothing in this section shall be construed as affecting any provision of the Bill of Rights 1689.’

This new Clause establishes the process by which constituents’ allegations of improper behaviour by an MP may be considered and adjudged. It provides for fair and due process and seeks to avoid conflict with the provisions of the Bill of Rights.

New clause 4—MP’s pledge

‘(1) Each MP shall at the start of each Parliament subscribe to the Pledge set out in this section.

(2) An MP subscribing to the Pledge may do so—

(a) in writing; or

(b) in person at the same time as taking the Oath required by the Parliamentary Oaths Act 1866.

(3) The Pledge shall be—

“I solemnly undertake that, in the course of my duties as a Member of Parliament and service to my constituency, I shall act in adherence with the Code of Conduct for Members of Parliament and uphold the standards of public life with selflessness, integrity, objectivity, accountability, openness, honesty and leadership.”’

New clause 5—Complaint of breach of MP’s pledge

‘(1) This section applies when persons complain that an MP has acted in a way that represents a significant breach of the MP’s Pledge as set out in section (MP’s Pledge).

(2) A petition containing a complaint under subsection (1) may be presented to the electoral court if signed by at least five hundred persons on the electoral roll within the constituency of the MP named in the petition.

(3) The Secretary of State may by regulation prescribe—

(a) the form, content and process relating to the submission of such petitions; and

(b) the manner of constitution of an electoral court to adjudicate.

(4) The electoral court must examine evidence submitted of the alleged breach of the MP’s Pledge, and any evidence produced in rebuttal by the MP.

(5) The court must consider whether, on the balance of evidence, it is reasonable to believe that the MP has acted in a way that amounts to a significant breach of the MP’s Pledge, without reasonable excuse or justification.

(6) If the court finds in favour of the petitioners, then it must notify the Speaker, and the MP named in the petition, that it has so determined.

(7) Nothing in this section shall be construed as affecting any provision of the Bill of Rights 1689.”’

Amendment 1, in clause 1, page 1, line 4, leave out “the first or second” and insert “a”.

This amendment provides for a further recall condition but is neutral if no such condition or conditions are agreed to.

Amendment 14, page 1, line 18, leave out subsection (4) and insert—

‘(4) The second recall condition is that, following on from a report from the Committee on Standards, the House of Commons order the suspension of the MP from the service of the House for a specified period of requisite length.

(4A) A specified period is of requisite length for the purposes of subsection (4) if—

(a) where the period is expressed as a number of sitting days, the period specified is of at least 10 sitting days, or

(b) in any other case, the period specified (however expressed) is a period of at least 14 days.’

Amendment 2, page 2, line 9, at end insert—

‘( ) A further recall condition (misconduct in the office of member of parliament) is that—

(a) an election court has considered a petition claiming that the MP has committed an act which constitutes misconduct in the office of member of parliament; and

(b) the court has determined, prima facie, that it is reasonable to believe such an act may have been committed; and

(c) the court has notified The Speaker of its decision under subsection (b).’

This amendment provides for a further recall condition.

Amendment 15, page 2, line 9, at end insert—

‘( ) A further recall condition (misconduct in public office) is that—

(a) the MP has, after becoming an MP, been convicted of the common law offence of misconduct in public office, and

(b) the appeal period expires without the conviction having been overturned on appeal.

Sections 2 to 4 contain more about this recall condition.’

This amendment provides for a further recall condition.

Amendment 24, page 2, line 9, at end insert—

‘( ) A further recall condition (section 10) is that—

(a) the MP has, after becoming an MP, been convicted of an offence under section 10 of the Parliamentary Standards Act 2009 (offence of providing false or misleading information for allowances claims);

(b) the appeal period expires without the conviction having been overturned on appeal.

Sections 2 to 4 contain more about this recall condition.’

This amendment provides for a further recall condition.

Amendment 34, page 2, line 9, at end insert—

‘( ) A further recall condition is that the MP has been adjudged by an election court (as set out in section (Complaint of breach of MP’s Pledge)) to have acted in a way that is contrary to the MP’s Pledge as set out in section (MP’s Pledge)’.

This amendment provides for a further recall condition.

Amendment 16, in clause 2, page 2, line 18, leave out “The reference in” and insert “In”.

This amendment and amendment 17 ensure that a recall petition may be triggered by an offence committed before the day Clause 1 comes into force where an MP is convicted of the offence on or after that day and after he or she last became an MP.

Amendment 25, page 2, line 18, leave out “(the first recall condition)” and insert

“and ( ) (the first and section 10 recall conditions)”.

This amendment ensures that the provision made in Clause 2 in relation to the first recall condition regarding offences committed before, and convictions on or after, the commencement of Clause 1 also applies to the section 10 recall condition.

Amendment 17, page 2, line 18, leave out from “to an offence” to the end of the subsection and insert—

‘(a) the reference to an offence includes an offence committed before the MP became an MP and an offence committed before the day on which section 1 comes into force, but

(b) the reference to an MP being convicted of an offence is only to an MP being convicted of an offence on or after that day.’

Amendment 26, page 2, line 21, at end insert—

‘( ) The reference in section 1(3) to an offence does not include an offence mentioned in section 1(5A).’

Amendment 27, in clause 3, page 2, line 43, leave out “(the first recall condition)” and insert “and (5A) (the first and section 10 recall conditions)”.

Amendment 28, page 3, line 3, leave out subsections (2) to (4) and insert—

‘( ) “Relevant appeal”, in relation to the first recall condition, means—

(a) an appeal that—

(i) is in respect of the conviction, sentence or order mentioned in section 1(3), and

(ii) is brought within the usual period, or

(b) an appeal that—

(i) is in respect of the determination of an appeal that was itself a relevant appeal, and

(ii) is brought within the usual period.

( ) “Relevant appeal”, in relation to the section 10 recall condition, means—

(a) an appeal that—

(i) is in respect of the conviction mentioned in section 1(5A) or of any sentence or order imposed in relation to that conviction, and

(ii) is brought within the usual period, or

(b) an appeal that—

(i) is in respect of the determination of an appeal that was itself a relevant appeal, and

(ii) is brought within the usual period.’

Amendment 29, in clause 4, page 3, line 34, after second “MP” insert—

‘(a) ‘.

Amendment 30, page 3, line 36, at end insert

‘, or

(b) is convicted of an offence mentioned in section 1( ) (relating to the section 10 recall condition) within the meaning of that provision (see section 2).’

Amendment 31, page 3, line 37, after “order”, insert “in relation to the conviction”.

Amendment 32, page 4, line 4, leave out paragraph (b) and insert—

‘(b) that—

(i) in a case within subsection (1)(a), the conviction, sentence or order has, or has not, been overturned on appeal;

(ii) in a case within subsection (1)(b), the conviction has, or has not, been overturned on appeal, and’.

Amendment 3, in clause 5, page 4, line 16, leave out “the first or second” and insert “a”.

This amendment provides for a further recall condition.

Amendment 18, page 4, line 16, leave out “or second” and insert “, second or section 10”.

This amendment is consequential to the agreement to the section 10 recall condition.

Amendment 19, page 4, line 43, after “first”, insert “or section 10”.

Amendment 4, in clause 9, page 6, line 36, after “10 per cent.”, insert

‘in a case in which either the first or second recall conditions have been met, and 15 per cent. in a case in which the misconduct in the office of member of parliament recall condition has been met’.

Amendment 5, page 6, line 38, after “10 per cent.”, insert

‘in a case in which either the first or second recall conditions have been met, and 15 per cent. in a case in which the misconduct in the office of member of parliament recall condition has been met’.

This amendment increases the support required for a valid misconduct in the office of member of parliament recall petition, following the steps proposed in New Clauses (method of petitioning an election court) and (consideration by election court), due to the “reasonable to believe” test to be used by the election court.

Amendment 20, in clause 13, page 9, line 10, at end insert—

‘( ) The fourth condition is that, in a case in which the section 10 recall condition was met in relation to the MP, the conviction in question is overturned on appeal.’

Amendment 6, page 9, line 10, at end insert—

‘( ) The fourth condition is that, in a case in which a misconduct recall condition was met in relation to the MP, the MP is subsequently charged with an offence, the penalty for which may be imprisonment or an order to be imprisoned or detained, for the conduct, or any part of the conduct, stated in the petition to the electoral court.’

This amendment seeks to reduce the risk of double jeopardy.

Amendment 21, page 9, line 13, leave out “three”.

Amendment 7, in clause 14, page 9, line 41, leave out “at least 10 per cent of the number of eligible registered electors” and insert—

‘(a) in a case in which either the first or second recall condition is met, at least 10 per cent. of the number of eligible electors; and

(b) in a case in which the [misconduct in the office of Member of Parliament] recall condition is met, at least 15 per cent. of the number of eligible electors.’

This amendment increases the support required for a valid (misconduct in the office of Member of Parliament) recall petition, following the steps proposed in New Clauses (method of petitioning an election court) and (consideration by election court), due to the “reasonable to believe” test to be used by the election court.

Amendment 8, in clause 22, page 14, line 29, at end insert—

‘“misconduct in the office of Member of Parliament” means conduct by an MP, whether or not it is committed directly in carrying out the office of member of parliament, which is misconduct to such a degree as to amount to an abuse of the public’s trust in the MP, without reasonable excuse or justification.’

This amendment establishes an offence of improper behaviour on the part of an MP, using the definition of the English common law offence “misconduct in public office” as its starting point.

Amendment 22, page 14, line 33, after ‘appeal”’, insert

‘, in relation to the first recall condition,’.

Julian Huppert Portrait Dr Huppert
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May I apologise to the House for the absence of my hon. Friend the Member for Somerton and Frome (Mr Heath)—not yet a right hon. Member, despite the praise that was heaped on him in Committee—who is currently acting as our trade envoy in Africa and is unable to be here? My apology is that Members will have to put up with me arguing the case, rather than him.

This is an important Bill. It delivers on the manifesto commitments of most of the parties in this House in some way or another. It means that it will be possible for MPs who are sent to prison to be recalled, no matter how long they are in prison, and that MPs who are suspended by this House for long enough may also be subject to recall.

However, the Bill has rightly been criticised for allowing MPs to mark their own homework, as it were. Unless there is a jail sentence—a threshold that was not mentioned in the manifesto commitments of any party in this House—it is ultimately us who will have to decide whether someone has behaved so badly that they should be subject to recall.

The hon. Member for Richmond Park (Zac Goldsmith) —it is good to see him in his place—proposed one solution to that problem in Committee, but many of us felt that it would have caused more problems than it solved. There was a concern that it might lead to trivial or vexatious complaints, or complaints based on political or policy differences, rather than complaints about genuine misconduct. There was extensive debate about that in Committee.

My hon. Friend the Member for Somerton and Frome and I proposed another route, by which a court would assess whether there were grounds reasonably to believe that an MP could have committed a common law offence of misconduct in public office. If there were, that would lead to the same recall process as the Government have described for those who are suspended or sentenced to jail. That amendment was tricky to write. We were clear in Committee that there were technical challenges in writing it. We therefore did not press it to a vote at that time.

We were encouraged by the cross-party support for our proposal. For example, the Opposition spokesman, the hon. Member for Liverpool, West Derby (Stephen Twigg), said that he was drawn to our ideas and that:

“In principle, giving the power to the people to bring a case against their MP before the election court is a good idea.”—[Official Report, 27 October 2014; Vol. 587, c. 134.]

The hon. Member for Dunfermline and West Fife (Thomas Docherty) said that our proposals

“have appeal because they enable a public trigger that is still based around wrongdoing.”—[Official Report, 27 October 2014; Vol. 587, c. 77.]

It is good to see both Opposition spokesmen here.

We also had support from the Government. The Minister of State, Cabinet Office, the right hon. Member for Tunbridge Wells (Greg Clark), said that he had

“a great deal of sympathy with the thinking behind the amendments”. —[Official Report, 27 October 2014; Vol. 587, c. 98.]

The Parliamentary Secretary, Cabinet Office, the hon. Member for East Surrey (Mr Gyimah), praised it as an “interesting idea” that should be returned to on Report. That is what we are doing now.

I had hoped that the Government would take over the work of doing the drafting and that we would now be looking at Government amendments that had all the benefit of parliamentary counsel’s detailed advice. Sadly, that is not the case. Indeed, it is striking that not a single Government amendment has been tabled for debate today—not even those of a technical nature to fix the errors that were highlighted in Committee.

Oral Answers to Questions

John Bercow Excerpts
Wednesday 19th November 2014

(9 years, 5 months ago)

Commons Chamber
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Rob Wilson Portrait Mr Wilson
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I thank my hon. Friend for that question. I did notice that the Leader of the Opposition had a very compelling economics lesson on TV the other evening, when Myleene Klass said:

“You can’t just point at things and tax them.”

That is hardly a thought-through strategy. We have heard voices within the Labour party itself—

John Bercow Portrait Mr Speaker
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Order. The Minister should resume his seat. His answer suffers from one principal disadvantage: it has absolutely nothing to do with his important responsibilities as a newly appointed junior Minister, with which of course we wish him well.

Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
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T2. Several Ministers, including, it has to be said, the Prime Minister, fail to handle data with a certain amount of precision. Indeed, two weeks ago the Prime Minister told the House that there were 1,000 extra GPs when in actual fact there are 36 fewer. Will the Minister, who is responsible for consistency and co-ordination across government, clamp down on these bad practices and perhaps help the Prime Minister to correct the record today?

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Rob Wilson Portrait Mr Wilson
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I am sure the hon. Gentleman knows that all correspondence to the UK Statistics Authority is publicly available on its website, but he will also know that it has responded to both the Government and the Opposition on the issue of statistics, such as when it wrote on 24 July concerning incorrect employment figures used by the Leader of the Opposition and a shadow Business Minister—

John Bercow Portrait Mr Speaker
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Order. We are going to get one more question in because we want answers about Government policy. The Minister will learn gradually.

Andrew Percy Portrait Andrew Percy (Brigg and Goole) (Con)
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I have previously praised the important role parish councillors play during national emergencies, as they did in my constituency during the flooding last year, but the picture nationally remains patchy in terms of parish councils with emergency plans in place. May I urge the Minister, ahead of this winter, to push again to ensure that parish councils take up their responsibility for emergency planning?

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John Bercow Portrait Mr Speaker
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Order. Mr Bridgen must be heard.

Andrew Bridgen Portrait Andrew Bridgen
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Thank you, Mr Speaker.

In 2007 the Conservatives gained control of North West Leicestershire district council following 30 years of Labour maladministration and inherited the worst quality council housing in the country. I am pleased to announce that by the middle of next year all the homes in North West Leicestershire will be up to the decent homes standard. Will the Prime Minister join me in congratulating the Conservative group, and does he agree that it is another demonstration of the fact that Labour does not fix the roof when the sun is shining?

Lord Cameron of Chipping Norton Portrait The Prime Minister
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I certainly join my hon. Friend in congratulating North West Leicestershire district council on the work it has done. It is vital that we bring poor quality housing up to standard, and the results it has achieved are good, but it is also important that we get Britain building, and that is now well under way.

John Bercow Portrait Mr Speaker
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I call Mr Ed Miliband.

None Portrait Hon. Members
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Hear, hear.

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Edward Miliband Portrait Edward Miliband
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He does not know the facts—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. The answers from the Prime Minister have not always been fully heard and they must be, and the questions from the Leader of the Opposition have not always been fully heard and they must be. I remind the House that that is what our voters, the electorate, would expect—some decent behaviour, and robust but courteous exchange.

Edward Miliband Portrait Edward Miliband
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The Prime Minister does not know the facts. Many of these victims of domestic violence are not getting the hardship payment, and protecting the victims of domestic violence should not be a matter of discretion; it is a matter of principle. Nothing better illustrates the contrast of values between those on this side of the House and those on that side of it.

Now let us talk about the mansion tax—[Interruption.] Yes. A penthouse in Hyde park recently sold for £140 million. Is the right hon. Gentleman really saying that someone living in that penthouse should pay the same annual property tax as someone living in a house worth a fraction of that value?

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None Portrait Several hon. Members
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rose

John Bercow Portrait Mr Speaker
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Last but not least, I call Mr Gordon Birtwistle.

Gordon Birtwistle Portrait Gordon Birtwistle (Burnley) (LD)
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Thank you, Mr Speaker. In 2009, Burnley was classed as an unemployment blackspot. In 2014, unemployment has fallen to 3.5% and we are no longer a blackspot. May I advise my right hon. Friend that the economic plan of the coalition Government of the Conservatives and Liberal Democrats is working in Burnley?

Oral Answers to Questions

John Bercow Excerpts
Tuesday 18th November 2014

(9 years, 5 months ago)

Commons Chamber
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Nick Clegg Portrait The Deputy Prime Minister
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I would be delighted. I was fully in support of the money resolution for that private Member’s Bill, and for the Affordable Homes Bill on the spare bedroom subsidy, which the Conservative party blocked. If the hon. Gentleman did not like what happened, he should address his own party’s leadership, not me—[Interruption.]

John Bercow Portrait Mr Speaker
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Order.

Sadiq Khan Portrait Sadiq Khan (Tooting) (Lab)
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I was quite enjoying that, Mr Speaker.

The Deputy Prime Minister will be aware of the anti-Westminster mood around the country, and he has spoken of anomalies in the way our country is governed. I welcome his support for a peoples-led convention, which the Lib Dems, the Labour party and other parties all support. Why does he think the Conservatives are so against that proposal?

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Nick Clegg Portrait The Deputy Prime Minister
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The hon. Lady says I did not respond at all. As she will have noticed this morning, there are many Members of this House who have local infrastructure projects and who, quite rightly, want to see them advanced. I defer to nobody in my zeal to see road and rail improvements across the country. I know that this is an alien concept to those on her side of the House but affordability is something that one must attend to. If she is saying that there is a fully formed and fully affordable means by which electrification can be provided, of course that is something that all of us would back.

John Bercow Portrait Mr Speaker
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Mr Mulholland? Not here. I call Mr Blackman.

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None Portrait Several hon. Members
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rose

John Bercow Portrait Mr Speaker
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Order. I ask the hon. Member for Burton (Andrew Griffiths) to take his seat. We want to see not the back of his jacket, but the front of his face. We are grateful to him.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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Why is far more not being done to ensure that UK nationals who live abroad are put on to the UK electoral register?

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John Bercow Portrait Mr Speaker
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Order. I am sorry to embarrass the hon. Member for Wolverhampton South West (Paul Uppal), but I must make this point because this is the second time today that this has happened. An hon. Member must not leave the Chamber while the exchanges on his or her question are in train. Members really ought to know that, and I think that most do. The hon. Gentleman is normally the most courteous of individuals, but he must stay, whatever other commitments he might have, until those exchanges have been completed. That is the courtesy that we expect of Members.

Robert Buckland Portrait The Solicitor-General
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Coming back to the question from the hon. Member for Bolton West (Julie Hilling), she is right to make that point. It is encouraging to note that prosecutions have increased from 150 or so five years ago to between 400 and 500 now, but the action plan contains provisions to offer further training to prosecutors and the police so that they can be fully aware and put themselves into the shoes of people with learning difficulties. There was also a high-level management conference last week at which a service user with disabilities came to speak to prosecutors and to lay it on the line about their experience.

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Jeremy Wright Portrait The Attorney-General
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Yes, and clearly this matter is of great concern. The hon. Lady will understand that that report was commissioned by my right hon. Friend the Home Secretary, who I know will wish to take up some of its recommendations very clearly, and I will certainly discuss with her what more the CPS can do to assist. The hon. Lady will also understand that, notwithstanding the point I made to the hon. Member for Warrington North (Helen Jones) about the need for Crown prosecutors to be engaged at an early stage, these prosecutors cannot be engaged right from the outset. It is important that once they are, they engage properly and prosecute these cases effectively.

John Bercow Portrait Mr Speaker
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I am trying to help Members but they must help themselves. Extreme brevity is now required, not preambles. We need short questions and short answers.

Tessa Munt Portrait Tessa Munt (Wells) (LD)
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Edward Graham, a retired serviceman, was recently sentenced to 13 years’ imprisonment for 23 counts of sexual abuse, after a trial by a court martial. I understand that a court martial should be used for service personnel only for matters of military discipline, so will the Attorney-General have discussions with the Secretary of State for Justice and the Secretary of State for Defence to ensure that all future cases not involving matters of military discipline are investigated by the police and tried by the civilian courts?

G20

John Bercow Excerpts
Monday 17th November 2014

(9 years, 5 months ago)

Commons Chamber
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Lord Cameron of Chipping Norton Portrait The Prime Minister
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To answer my right hon. Friend’s last question first, the Australians have pledged a 5% cut in carbon emissions, which they say is equivalent to a 19% cut on business as usual, but I think that they will face further pressure, as an important economy, to throw in more cuts to carbon as the whole world comes together in Paris.

On my right hon. Friend’s other questions, the discussions I had with President Putin were frank. We did not mention every problem and issue between Britain and Russia, but crucially we looked at how we could try to find a pathway by which Ukraine’s integrity and independence are respected. That is the key to de-escalating the situation, and I was very frank about that.

On Ebola, Britain has played a key part and we should be proud of that. Others are now stepping up and the World Bank is also looking at ways it can help us to sustain that commitment.

John Bercow Portrait Mr Speaker
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Perhaps my natural generosity got the better of me. For the avoidance of doubt, knights, no matter how distinguished and indeed amiable, do not have an automatic right to ask three questions rather than one.