Oral Answers to Questions

Stephen Kinnock Excerpts

Wednesday 5th January 2022 Commons Chamber

[Simon Hart]

I know that it might not look like it, but I am a veteran of 175 parkruns myself, and I absolutely endorse my right hon. Friend’s position. It seems mystifying and bizarre, when we talk about covid regulations needing to be clear and concise in order to command public confidence, that people in Wales can go to the pub but be fined if they go to their office, that they can watch rugby in a crowded club room but not from the touchline, and that they can have a gym session in their own property but not go and do a parkrun, which is known to have enormous health and mental health benefits.

[Stephen Kinnock (Aberavon) (Lab)]

6. If he will take steps with the Secretary of State for Business, Energy and Industrial Strategy to help ensure ongoing power supply for Baglan energy park until a permanent connection to the grid is secured.

[The Secretary of State for Wales (Simon Hart)]

Contingency planning for Baglan and support for businesses once the official receiver has carried out its duties is the responsibility of the Welsh Government. Along with the Business Secretary, I will continue to work closely with the Welsh Government to support this work.

[Stephen Kinnock]

In just nine days’ time the supply of power to Baglan energy park will be cut off by the official receiver. Not only will this leave businesses in the area in a completely untenable position but the power supply also feeds the energy park’s waste water pumps, which could have a massive and catastrophic effect on businesses and homes in the area. The UK Government are in a position to work with the official receiver to keep the power supply on. Will the Secretary of State engage with the official receiver and with his colleague, the Business Secretary, to avert potential catastrophe for my constituents and businesses on the Baglan energy park?

[Simon Hart]

The hon. Gentleman makes a very good point. He and I have been following this saga closely, and the exact position is that the UK Government provided funding indemnity to the official receiver on 24 March 2021 to enable it to carry out its duties as liquidator of the Baglan group. The official receiver has temporarily maintained power to Baglan energy park while developing its plan to disclaim the site.

Armed Forces Bill

Stephen Kinnock Excerpts

Consideration of Lords message
Monday 13th December 2021 Commons Chamber

[Leo Docherty]

I am grateful for my right hon. Friend’s contribution; that is a very good case in point, and points to circumstances—although the numbers may be very small—in which the British military has to deploy to ungoverned spaces, let us say. Of course, that is not the case with regard to Kenya, but there are definitely advantages to the expeditionary capability of our service justice system.

I move now to Lords amendment 2B, which would require a report to be laid within six months of this Bill’s receiving Royal Assent, setting out the implications of not applying the new covenant duty to central Government. The Government have already committed to reviewing the operation of the covenant duty to inform us on whether other policy areas or functions could be usefully included. Having listened carefully to the issues that have been so vigorously raised, and recognising the strength of feeling across both Houses, I can now commit to going further.

Indeed, we are going further than Lords amendment 2B in the scope of the review we have in mind. We will review the operation of the new duty across the UK and will consider whether it would be beneficial to add to its scope. That will include specific consideration of whether central Government and any of their functions could usefully be added. The Government will report on the review as part of the covenant annual report in 2023, 18 months after the new duty is expected to come into effect. That timescale is more realistic than the six-month timeline from Royal Assent suggested by their lordships, which in our judgment is too short a period for any meaningful review to take place.

Given that we expect to see the new duty standing up in law by the middle of 2022 at the earliest, we also need to allow for an implementation period to give local authorities time to adjust to their new responsibilities. We therefore believe that to conduct and publish a review at the 18-month point of the new duty having been in operation is most appropriate. However, given the level of interest in the new duty, we will provide an interim update in the covenant annual report in December 2022, some six months after the duty is expected to come into effect. At that point, we will be able to say more about the scope and methodology for conducting the review, and MPs will have the opportunity to assess and comment in the 2022 covenant report debate.

The Government are committed to ensuring that parliamentarians from both Houses can contribute and give their views as part of the review process. I put on record my thanks and appreciation for the contributions of Lord Mackay of Clashfern and Lord Craig of Radley. They, like us, want to see good law put in place to support our armed forces. In the light of the commitment that I have given, I urge the House to support the Government in resisting Lords amendment 2B.

[Stephen Kinnock (Aberavon) (Lab)]

In February, my right hon. Friend the Member for Wentworth and Dearne (John Healey), the shadow Defence Secretary, set out the Labour party’s core principles for our defence and national security, which are based not on party politics but on Britain’s strategic national interest. They are: an unshakeable commitment to NATO; non-negotiable support for our nuclear deterrent; a resolute commitment to international law, universal human rights and the multilateral treaties and organisations that uphold them; and a determination to see British investment directed first to British industry not just because of how we think about defence and national security but because we seek to build a more resilient economy and a country that can stand more firmly on its own two feet. At the heart of those four principles lies a commitment to our armed forces personnel: the men and women who are the lifeblood of our defence and national security; those who serve to protect us.

The Conservative Government have been complacent when it comes to our armed forces and our national security more widely. Just as threats against the UK are increasing, the Prime Minister decided to break an election promise and cut the size of the Army by 10,000. Under the Government and this Prime Minister, our country is becoming less safe and our brave service personnel increasingly undervalued and under-rewarded.

I was only recently appointed to the shadow Defence team, but standing at the Dispatch Box to highlight the weaknesses that sit at the heart of the Bill is already starting to feel like groundhog day. The Bill is a missed opportunity. It was a one-in-a-Parliament opportunity to ensure that our world-class armed forces are supported by world-class legislation, but glaring gaps at its heart mean that it will fall short and fail to live up to its full potential. If the Government had chosen to support the Lords amendments, we would have been guaranteed a more robust approach to dealing with serious crimes committed by service personnel, and we would have had clear accountability and transparency about the role of central Government in delivering the armed forces covenant.

Labour supports the Bill, but we have consistently pressed the Government to ensure that its content matches the ambition. As I set out last week in this Chamber, the Bill is a missed opportunity to deliver on the laudable promises made in the armed forces covenant for all personnel and veterans, and their families. To that end, we have worked closely with hon. Members in this place, noble Lords in the other place and service charities to amend the Bill in the interests of our service personnel.

[John Redwood (Wokingham) (Con)]

Can the hon. Member help the House by explaining what he thinks the Government might be able to do but could not if the Bill had the protections that he wanted over central Government action?

[Stephen Kinnock]

As I will address a little later in my remarks, the huge disconnect here is between the level of accountability that local government will be held to compared with that for central Government. So we end up in an absurd situation where a school governor has a greater level of accountability for the covenant than the Defence Secretary. I am not sure what the right hon. Member for Wokingham (John Redwood) thinks about that, but it appears to be a bizarre state of affairs.

I pay particular tribute to Lords Mackay, Thomas and Craig for their efforts in working with us in our attempts to improve this legislation. Mr Deputy Speaker, you will know that the Labour party has been pushing the argument strongly that the most serious crimes, including murder, manslaughter, domestic violence, child abuse, rape and sexual assault with penetration, should be tried in the civilian courts when committed in the UK. The case for that is overwhelming, because the investigation and prosecution of those crimes within the service justice system simply does not work.

The latest Ministry of Defence figures show that between 2015 and 2020 the conviction rate for rape cases tried under court martial was just 9%, whereas the latest data suggest that the conviction rate was 59% for cases that reached civilian courts, with considerably more cases being tried each year. Moreover, more than three in four of the victims were women, and seven in 10 held the rank of private. By rejecting Lords amendment 1B in lieu, the Government are not only letting down women in the lower ranks, but undermining their own policy of seeking to recruit more women to the armed forces. The Army has committed itself to a 30% target by 2030 for female recruits, but has not yet produced a clear plan of how that will be achieved. The Government therefore need to think carefully about the message they are sending by resisting this amendment, because until there is fairness, transparency and justice in these cases, the actions of a minority will continue to tarnish the reputation of our world-class armed forces and will continue to have a chilling effect on female recruitment.

We do, however, welcome the fact that the Minister has today acknowledged the need to publish data on all the offences listed in this amendment—murder, manslaughter, domestic abuse, child abuse, rape and sexual assault with penetration; for that data to include under-18s for the first time; and for that data to cover both investigations and prosecutions at all stages of the service justice system, including reports of incidents, how many are referred from service police to service prosecution authority, how many the service prosecution are able to prosecute, how many go to court martial and how many convictions there are. But I must tell the Minister that Labour remains committed to moving these serious offences into civilian courts, and we will continue to push the Government on this issue.

This matter is not closed; our concerns have not been allayed. There remain many unanswered questions, so I ask the Minister: what will the Government do if conviction rates for one or more of those serious crimes is concerningly low? Will the Government reconsider this approach? Why will they not commit to a performance review, based on this data? We view this issue as unfinished business, and we know where the weight of opinion lies in this House. As the Conservative hon. Member for Plymouth, Moor View (Johnny Mercer) clearly stated last week in this Chamber:

“Conviction rates for rape are lower in military courts than they are in civilian courts. That is a fact…The MOD accepts that the contested conviction rate at court martial is significantly lower than it is in the Crown court.”—[Official Report, 6 December 2021; Vol. 705, c. 104.]

We therefore hope that Ministers will reflect again on the recommendations from the Government-commissioned Lyons review, as well as the proposals made by the hon. Member for Wrexham (Sarah Atherton) in her Select Committee on Defence Sub-Committee report, “Protecting Those Who Protect Us”. We must improve conviction rates, and moving these offences into civilian courts offers us the best chance of doing so.

Perhaps the most unfathomable aspect of this Bill is the Government’s decision to offload responsibility for the armed forces away from central Government and on to overstretched local authorities—it is utterly illogical and indefensible. The Bill piles new and often vague statutory responsibilities to deliver the covenant on a wide range of public bodies, so it is impossible to understand why on earth those responsibilities should not apply to central Government. We are faced with a farcical situation whereby the chair of school governors has a statutory responsibility to have “due regard” to the armed forces covenant, but Government Departments, including the Ministry of Defence, do not.

As the Royal British Legion has pointed out, many of the policy areas in which members of the armed forces community experience difficulty are the responsibility of national Government based on national guidance. Organisations such as Help for Heroes, Cobseo and other service charities, alongside Members from both sides of this House and in the other place, have lined up to criticise Ministers for shirking their responsibilities.

The Bill was an opportunity for the Government to lead by example and to demonstrate that credible leadership depends on accountability and on practising what they preach, but they appear to be intent on palming off all the responsibility to local government. Social care, pensions, employment and immigration are on the long list of areas not covered by the legislation, and the exclusion of the Ministry of Defence from the responsible public bodies means that the Bill offers little to actively serving personnel. The Government are already hitting many servicemen and women with a real-terms pay cut this year.

As I said at the Dispatch Box last week, we are left with a Bill that will not deliver practical action for the squaddie in dilapidated living accommodation who is without basics such as heating and hot water; the veteran struggling with their mental health and waiting times for treatment that are more than twice as long as Government targets suggest they should be; or the dispersed service family who struggle with the cost of childcare and getting into work. Central Government must be held to the same measurable, enforceable national standards that local authorities and agencies are held to. Only then can we truly end the postcode lottery on the armed forces covenant.

The Government’s concession of a review of the operation of the duty and whether central Government should be added is welcome, but ultimately, it is a recognition that the Bill is drafted too narrowly. How will parliamentarians be involved in the review? I recognise that the Minister mentioned that, but we need a clear assurance about it. Knowing the strength of feeling on the issue, I encourage him to ensure that parliamentarians from both Houses and the Chairs of relevant Select Committees are involved in and can give evidence to the review. We will keep a close eye on the review process, but we still believe that the due regard principle should be broadened to cover all areas of potential disadvantage for servicepeople.

The Opposition have been clear throughout the process that the Bill must become statute, not least because we must provide our armed forces with the solid and stable legal basis that they require to be able to operate. Although we welcome the concessions that the Minister has promised today, we remain profoundly disappointed that the Government have continued to resist the Lords amendments, thereby running the clock down. Let me be clear that it is unfinished business.

The Minister knows full well that there is deep unhappiness about the way that the Government have handled the process and profound concern about the way in which the weaknesses in the Bill will ultimately lead to it failing to serve the best interests of our services personnel. I therefore assure the House that Labour, as the party of the armed forces, will robustly hold the Government to account. I put the Minister on notice that he has not heard the last from us on these matters.

Armed Forces Bill

Stephen Kinnock Excerpts

Consideration of Lords amendments
Monday 6th December 2021 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

I remind the House that this debate finishes at 8.39 pm, so we do not have a lot of opportunity. Could Back Benchers please focus on pithy, short contributions?

[Stephen Kinnock (Aberavon) (Lab)]

It is truly an honour to be standing in front of you, Mr Deputy Speaker, in my new role as shadow Minister for the armed forces.

I pay tribute to my predecessor, my hon. Friend the Member for Portsmouth South (Stephen Morgan), who recognised the essential contribution made by our armed forces to the safety and security of our country and who played such an important role in scrutinising this legislation.

In my previous role as shadow Minister with responsibility for Afghanistan, I recently stood at the Dispatch Box to commend the courage, dedication and professionalism shown by our armed forces in the most challenging of circumstances. Two weeks ago I was pleased to pay tribute to those who served in Operation Pitting when they visited Parliament. This House, our country and the free world owe a huge debt of gratitude to those service personnel who, for 20 years, prevented terrorist attacks from being launched from Afghanistan and who secured opportunities for women and girls that would never have been possible otherwise. I thank them for their heroic service.

I look forward to engaging with the Minister. I assure him that I will support him when his Department is doing the right thing, but I will also hold him robustly to account when the Government fail to stand up for our armed forces or to act in the national interest.

As the Opposition have noted throughout its passage, this Bill is a once-in-a-Parliament opportunity to tangibly improve the lives of our armed forces personnel, veterans and their families. I know they are held in the highest regard by Labour and by all on both sides of the House. For them and for all others who have served, we have a duty to make this legislation provide the very best.

Labour supports this Bill in principle, but we have consistently pressed the Government to ensure they match their lofty rhetoric with tangible action. As it stands, the Bill is a missed opportunity to deliver the laudable promises made in the armed forces covenant for all personnel, veterans and their families. That is why I am pleased that the amendments passed in the other place so closely mirror those that Labour pressed during the Bill’s Commons stages. I therefore hope the Government will take this opportunity to think again.

Lords amendment 1 would ensure that the most serious crimes, including murder, manslaughter, domestic violence, child abuse, rape and sexual assault with penetration are tried in the civilian courts when committed in the UK, except when the Attorney General has given consent. For too long, it has been clear that the investigation and prosecution of these crimes within the service justice system simply does not work. The latest Ministry of Defence figures show that, from 2015 to 2020, the conviction rate for rape cases tried under courts martial was just 9%, whereas the latest data available suggest that the conviction rate was 59% for cases that reached civilian courts, with considerably more cases being tried each year. More than three quarters of victims were women, and seven in 10 victims held the rank of private.

Lords amendment 1 directly addresses the treatment of women in our armed forces, which is rightly receiving public attention, and it is an issue that disproportionately affects women in the lower ranks. Until there is fairness, transparency and justice in these cases, the actions of a tiny minority will be allowed to tarnish the reputation of our world-class armed forces.

[Sir Robert Neill]

Those statistics bear out a significant concern that also exists in the civilian jurisdiction. There is a disparity in parallel authorities between victims and perpetrators. Does the hon. Gentleman think we should be particularly anxious to ensure that the same protection, the same support and the same procedural devices to protect witnesses—screens, special measures and so on—are available were any of these cases to be heard in a court martial setting as opposed to a civilian setting, where they would automatically be available? The position of the private soldier is not dissimilar from the position of the employee who is taken advantage of by her boss, for example, or something similar. There is a strong case for seeking to ensure equity, in whichever court a case is tried.

[Stephen Kinnock]

The hon. Gentleman’s expertise in this area is clear for all in this House to see. He is absolutely right that, given the chain of command, ensuring protection for witnesses and victims is essential. We clearly have more confidence in the civilian system to guarantee those. He asks whether the service system could provide those protections, but that seems a very odd way to go about it when the capacity and capability already exist in the civilian system. Why reinvent the wheel?

Will Ministers take this final opportunity to listen to the recommendations of a Government-commissioned, judge-led review, which expressed surprise that these cases were still being handled by courts martial? Will they listen to the expertise on their own Back Benches, as we have just heard, including the proposals made by the hon. Member for Wrexham (Sarah Atherton) in her Defence Sub-Committee report, “Protecting Those Who Protect Us: Women in the Armed Forces from Recruitment to Civilian Life”? Most importantly, will they listen to service personnel and veterans themselves?

More than 4,000 actively serving women and veterans contributed to that report and its recommendations. Today, a serving member of the Royal Navy whose court martial rape case collapsed due to a number of basic errors made by a service prosecutor called on the Government to back this amendment. She was one of three women who launched a judicial review of the Defence Secretary’s decision not to adopt the recommendations of the Lyons review. She says:

“The value of this amendment for women like me cannot be overstated… This amendment will make the process independent. It will encourage more service personnel to report crimes. It will mean we have some protection from the appalling consequences we suffer when we report rape within our units.

“I am urging the government to accept this amendment. As service personnel we are citizens of this country and we deserve justice just like everyone else.”

[Alicia Kearns]

Does the hon. Gentleman agree that perhaps a sensible compromise might be to have this matter come back before the House in a year’s time, if the Bill does pass, to see whether cases are being properly prosecuted, whether we are getting the prosecution rates we need and whether women are being supported to get the justice they deserve when those senior to them commit the most abysmal and horrific of acts—acts that would be considered war crimes if they were done against a civilian but, because they are done by someone in the chain of command, somehow are considered a completely different situation?

[Stephen Kinnock]

I pay tribute to the hon. Lady’s experience and expertise, particularly in the field of foreign affairs. However, I think her proposal does not really make sense for where we are right now in this Chamber. We need to see a Government showing leadership. Those brave ladies who have come forward are showing that leadership, and I hope this Government will pay heed to it. The moment of truth is upon us, and we need to see that vote and that leadership now. These women have courage beyond their service to our country. They are showing this Government the way. I urge colleagues across the House to support the amendment.

I turn now to Lords amendment 2, which places the same legal responsibility to have “due regard” to the armed forces covenant on central Government as the current drafting requires of local authorities and other public bodies. This Bill piles new and often vague statutory responsibilities to deliver the covenant on a wide range of public bodies, but, mysteriously, those do not apply to central Government. In practice, this would create a farcical situation whereby the chair of school governors has a statutory responsibility to have due regard to the armed forces covenant, but Government Departments—including the Ministry of Defence—do not.

As the Royal British Legion has pointed out,

“many of the policy areas in which members of the Armed Forces community experience difficulty are the responsibility of national government or based on national guidance.”

Help for Heroes, Cobseo and other service charities know this too, as do Conservative Members, both in this House and in the other place. Ministers must not be allowed to offload responsibility for delivery.

How can it be that social care, pensions, employment and immigration are among the long list of areas we know will not be covered by this legislation? The exclusion of the Ministry of Defence from the responsible public bodies also means the Bill offers little to actively serving personnel. Our armed forces have gone above and beyond both to support our frontline response to the pandemic in the past year and, as I have mentioned, in Afghanistan. What a contrast between the selfless service of our military personnel and a Government who are missing this crucial opportunity to make long-overdue improvements to the standard of service accommodation, while at the same time handing most of them another real-terms pay cut this year.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I draw attention to my entry in the Register of Members’ Financial Interests. My hon. Friend mentions immigration, health and a whole range of central Government Departments responsible for delivering the covenant for our armed forces personnel. Does he agree that there is a missed opportunity in this Bill to deal with the situation facing many foreign and Commonwealth veterans who have bravely served—alongside our Welsh regiments, for example? We know the contribution of Fijians in that regard. There is a missed opportunity here, but there are other opportunities coming up where these issues may be resolved; does he urge the Government to support them?

[Stephen Kinnock]

I pay tribute to my hon. Friend’s personal and political expertise in this area. He is absolutely right that this was an opportunity to right the wrong he has so eloquently set out. There will be an opportunity tomorrow—our Front Bench has tabled an amendment—and there will be other opportunities, but it is a moral point of principle, and I hope the Government will listen and do the right thing in the vote tomorrow.

Without this amendment, the Bill’s principles will not deliver practical action for the squaddie in dilapidated single living accommodation who is without basics such as heating and hot water, the veteran struggling with their mental health who has to endure waiting times for treatment more than twice as long as Government targets, or the dispersed service family who struggle with the cost of childcare and getting in to work. Ministers must not be allowed to offload responsibility for the delivery of the covenant to cash-strapped local authorities and other overstretched public bodies. Central Government must be held to the same measurable, enforceable, national standards as local authorities and agencies. Only then can we truly end the postcode lottery on the armed forces covenant.

The Government are set to reject these amendments. Their majority means they may well win the votes, but in so doing the Conservatives will lose any credible claim to be the party of the armed forces. Service personnel will be asking why this Government’s manifesto pledge to put the covenant further into law delivers no improvements to their day-to-day lives. Veterans will be asking why they still face uneven access to services. Women will be wondering whether a career in the services is for them. These arguments will come back to the Government again and again—from this House, including from Government Back Benchers, from service charities, from armed forces communities and from the Opposition Benches, because Labour will always stand up for our armed forces.

[Johnny Mercer (Plymouth, Moor View) (Con)]

As I rise to speak in this debate, I first pay tribute to the officials in the Department. I know this is a complex Bill and that with legislation such as this we must operate within the art of the possible. There are clearly areas where everybody would like to go further, but I understand the constraints and the dynamics at play, particularly around legislating for the armed forces covenant and so on.

However, there is one thing I am afraid I will not let pass without shining a spotlight on it: the issue of violence and sexual offences staying in the military justice system. I rise to speak with one purpose, and that is to resolutely support my hon. Friend the Member for Wrexham (Sarah Atherton) in the work that she has done in this space. She has worked tirelessly, initially against the current but then with some support, to highlight the totally unacceptable experience of females in the military.

Today is a really difficult day for my hon. Friend, and unnecessarily so. I understand differences of opinion, particularly in this space, but where the evidence does not point to the decisions being made by those on the Front Bench, I am afraid I will speak up time and again.

Unfortunately, I was in the room when this decision was made. The evidence did not support the Secretary of State at the time and the evidence does not support the Secretary of State today. I cannot vote against the Lords amendment; it is not the right thing to do. Let me be clear: when the Secretary of State made that decision it was against the advice of the officials in the Department and against the advice of his Ministers.

Conviction rates for rape are lower in military courts than they are in civilian courts. That is a fact. We can pull up the facts at different times and during different processes on the journey to a sexual conviction, but the reality is that the conviction rates for rape are lower. Over the past five years, the average conviction rate for rape in civilian courts, when using Ministry of Justice data, is 34%; over the same five years, using the same data—the MOD’s data—the average conviction rate for rape is just 16% in military courts. Using Crown Prosecution Service data, the figures are even worse. In practice, this means that a military woman is far less likely to get justice than she would in civilian life. We cannot accept that. We cannot accept that on the Government Benches.

The MOD accepts that the contested conviction rate at court martial is significantly lower than it is in the Crown court. The Department suggests that, because the numbers involved in the service justice system are relatively so much smaller, the comparison is of little value. That does not make sense—it is ridiculous and illogical. We have to be honest: there is no point coming to this place and railroading through legislation that we all know to be the wrong decision simply because one individual has his course set and refuses to back out of that alley.

Elections Bill

Stephen Kinnock Excerpts

2nd reading
Tuesday 7th September 2021 Commons Chamber

[Mr Davis]

The point I would make is that I am quoting from Government research. I did not do this research; it is Government research. By the way, since my hon. Friend draws me to Government research, Lord Pickles, a real old pal of mine, did a study on this. I have read it and, to summarise, the conclusion was, “I can find no evidence of personation but that doesn’t mean it isn’t happening, and of course even if it isn’t happening now it might well happen in the future.” It is the precautionary principle gone mad in the centre of our constitution.

The Government answer, as we have heard several times, is free photographic ID. Nevertheless, the Government’s own research again found that about 42% of people without the ID would not take it up. That is really very serious. These groups are going to be disenfranchised because they do not take it up, and they will turn up at the polling station and find that they are unable to vote. This is in pursuit of three convictions.

[Stephen Kinnock (Aberavon) (Lab)]

The right hon. Gentleman is making an excellent speech thoroughly destroying the Government case for voter ID. Would he care to hazard a guess as to why the Government are pursuing this policy?

[Mr Davis]

This is where I differ from the hon. Gentleman. I think that the Government are trying to do their best. I do not think that this is a deliberate action, but I think that the pressure on the Government—[Interruption.] The hon. Gentleman laughs, but listen: I lived through a Labour Government deliberately gerrymandering the system, frankly, so I do not want to take any lectures on that. I think that the Government are trying to do their best. They have the wrong idea in pursuit of a problem that does not exist, but they are nevertheless trying to do their best. But there is a greater—

Election Campaign Finances: Regulation

Stephen Kinnock Excerpts

Thursday 8th July 2021 Westminster Hall

[Stephen Kinnock (Aberavon) (Lab) [V]]

It is a pleasure to serve under your chairmanship, Mr Paisley. My thanks go to the hon. Member for Folkestone and Hythe (Damian Collins) for having secured this important debate and for all the excellent work he has done on this issue over the years in various roles.

I welcome the report of the Committee on Standards in Public Life on the regulation of election finance, and this chance to debate it alongside the Elections Bill, which is making its way through Parliament. That Bill includes five core measures to improve and tighten up the important components of the political finance framework, namely fairness, transparency and controls against foreign spending. The five new measures it introduces are third-party campaigner registration; restriction of third-party campaigning; a ban on simultaneously registering as a political party and a third party; restrictions on co-ordinated spending between political parties and third parties; and the requirement for new political parties to declare assets and liabilities.

These are the right measures in terms of their focus, and they are broadly a step in the right direction, but they are simply not robust enough and do not go far enough. They do not reflect the seriousness of the challenges our democracy faces from dark and dirty money, which has the potential to fundamentally corrupt our democratic system. I will come back to what the recommendations should be and what changes need to be made to the Bill—although we in the all-party parliamentary group on electoral campaigning transparency broadly support the Bill, there are a number of areas where it really needs to be strengthened.

Let me give some extra context as to why we think the debate is so important. For far too long, we have taken our democracy for granted. We have been complacent, and our complacency has allowed malign forces to subvert our rules and undermine our institutions. It is not just a British phenomenon, of course. Dark money and dirty data are a real and present threat right across the west.

The work that I have been doing over the past few years in my role as chair of the all-party parliamentary group, in partnership with FairVote, has been to focus on British democracy and on how we can ensure that we have our own house in order, with a system of election finance regulation that is resilient to hostile threats and fit for the 21st century. We launched our report “Democracy in the Digital Age” in January 2020. It was the first real attempt to step up and meet the challenges around finance and transparency, and we hope that the Elections Bill is a sign that Parliament is finally waking up and realising that our democracy is under threat and that we must do something about it.

Many of the revelations about just how flimsy our defences are were brought to public attention following the EU referendum campaign and through the prosecutions in some of our general elections in the past five years. Our APPG has always been clear that we are about looking to the future rather than back at the past. We are about protecting the soul of our democracy for generations to come, learning the lessons of the past but recognising that we have to be resilient for the future.

Let us be absolutely clear: there is a real problem with election finance. The Electoral Commission was established at a time when political campaigning centred around door-knocking and leafleting. It is an analogue regulator in a digital age. Digital campaigning and online political engagement have revolutionised politics, so it is critical that the commission is given the tools and resources it needs to make it fit for purpose in the 21st century.

Crucially, the Electoral Commission actually recognises that. Its leadership has openly acknowledged that the commission lacks resources and bite. Paltry maximum fines of £20,000 are really just the cost of doing business for some of the very wealthy funders we are dealing with, while a lack of prosecuting power means there is little deterrence for those who are all too ready to break the law.

It gives us confidence to hear from the Committee on Standards in Public Life report that

“The majority of contributors expressed confidence in the Commission as an independent, non-partisan regulator, including those who see room for improvement in how the Commission carries out its role.”

The committee is right to say that. Although some have called for the abolition of the Electoral Commission, and draft legislation has called for taking away its independence and prosecutorial powers, the aim of the forthcoming electoral integrity Bill should be to give the Electoral Commission the resources and power it needs to tackle the threats to our democracy, as outlined in the CSPL’s report.

It is deeply concerning that, for the first time, a majority of the members of the Speaker’s Committee on the Electoral Commission are from the governing party. That is deeply unfortunate, as independence can be ensured only if cross-party consensus is maintained. We urge changes to be made to return confidence in the Speaker’s Committee and its governance role in this context. As the CSPL’s report makes clear,

“An electoral system needs to be demonstrably fair and to command the confidence of political parties and the public and must be overseen by a strong independent regulator.”

Our all-parliamentary group’s report makes 20 recommendations across three specific areas, based on evidence from 70 different organisations and experts. There were three clusters of areas. The first cluster was around transparency: how we make sure that citizens have access to information about online and offline aspects of election and referendum campaigns. Secondly, there was deterrence: how we offer the Electoral Commission the tools it needs to deter and, if necessary, penalise. Thirdly, there was monitoring: how we ensure there is a process to review whether campaign laws are up to date and can be reformed when needed. We believe those are the three key ingredients needed to ensure that the public feel confident that the system works.

Focusing specifically on campaign finance regulation, we said that the Elections Bill needs to be amended according to the following recommendations. All donations should be regulated

“by reducing permissibility check requirements from £500 to 1p for all non-cash donations”.

We should also

“Increase transparency and regulation of local candidate financial reports by shifting oversight to the Electoral Commission…Streamline national versus local spending limits with a per-seat cap on total spending…Modernise spending regulations by instituting per-annum spending limits…Standardise financial reporting”

and

“Require corporate donations to come from profits reported in the UK”.

We also say:

“Third Party Political Organisations and political parties should complete an ‘Exit’ audit after an election period”.

Finally, we should include valuation of the dataset costs in spending regulations. Those recommendations must be taken seriously by the Minister, and I hope she will be open to amendments accordingly.

Over the past year, we have sought to gain support in Parliament, and we are looking to lobby the Government, as well as those in Cardiff and Holyrood. We continue to make progress on those fronts. However, I want to finish by saying this: all around the world, democracy is in retreat. Authoritarian regimes outnumber democracies for the first time since 2001 and they are on the rise. Britain must be at the forefront of the fight to defend democracy and to stand up for human rights and international law. If we are to be effective and credible in working with our allies to do that, we must start by defending democracy at home—we must get our own house in order. It is our job to build processes, systems and institutions that inspire trust. It is our job to clear away the fake news, the dodgy data and the dirty money that is polluting our system. It is our job to save our precious democracy and to safeguard it for future generations. Our most dangerous enemy is complacency, and I will continue to work with colleagues across the House to make sure that Parliament is complacent no longer.

His Royal Highness The Prince Philip, Duke of Edinburgh

Stephen Kinnock Excerpts

Monday 12th April 2021 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab) [V]]

His Royal Highness Prince Philip was a colossal figure in our public life, an exemplary public servant to our country and a stoic and committed tower of strength to Her Majesty the Queen. Today we send our warmest wishes and condolences to the Queen and the royal family at what families all around our country will recognise as being a truly and deeply sorrowful time. Prince Philip’s patriotism and his commitment to a greater collective common good were exemplified in his military service. When our nation, our values and our way of life were threatened, he was there with those other British servicemen and women, standing up to defend the open, liberal, tolerant Britain that we are so privileged to call our home today.

Of course, Prince Philip will be most remembered for his seven decades of service as the Duke of Edinburgh. Throughout that time he was a loving and loyal servant, husband, guide and confidant to the Queen. He was always by her side, step by step and duty by duty. The modern family comes in all shapes and sizes, and with all manner of personal challenges, yet whenever the royal family was faced with its own challenges, the quiet, stoic, sturdy and reassuring presence of Prince Philip was there to guide it.

We in this House are great believers in the power of words and arguments, and rightly so, but Prince Philip’s approach to life was a constant reminder of the fact that actions speak louder than words. The Duke of Edinburgh’s Award scheme is surely the outstanding example of that principle. Indeed, thousands of my Aberavon constituents have benefited hugely from the scheme, which has done so much to help so many young people to realise their potential.

Prince Philip will also always be remembered in Wales for the fact that he was the first member of the royal family to visit Aberfan following the horrific disaster in 1966. Indeed, he was on the scene little more than 24 hours after the colliery spoil tip had collapsed on to the junior school, killing 144 local people including 116 children. Prince Philip met local families who were beside themselves with grief, and he showed great compassion. He then brought the Queen to Aberfan the following week, and we know that their visit and their time gave some comfort to the people of Aberfan at that time of unimaginable tragedy. We therefore pay tribute to Prince Philip, a moderniser but a traditionalist, a family man but also a man of action, and we express our gratitude for his service to Queen and country. May he rest in peace.

Covid-19: Road Map

Stephen Kinnock Excerpts

Monday 22nd February 2021 Commons Chamber

[The Prime Minister]

My hon. Friend is completely right. It has been a stunning example of the whole of the UK working together to roll out a programme that has been absolutely vital for our whole country. Co-operation with the devolved Administrations has been terrific on this, but it is something that could not have been achieved without the UK working together.

[Stephen Kinnock (Aberavon) (Lab) [V]]

The Prime Minister should know that there can be no post-pandemic economic recovery without a strong and healthy UK steel industry, but he should also know that our steelworkers are having to compete with one hand tied behind their backs because electricity costs our steelmakers 86% more than in Germany and 62% more than in France. What steps will the Prime Minister be taking to reduce British electricity costs to internationally competitive levels so that our steel industry can thrive in the wake of the pandemic?

[The Prime Minister]

The hon. Gentleman raises a very important point. Of course, that was one of the consequences of some of the taxes and some of the skewing of the prices that have been chosen over many years by Governments. We want to ensure that we have a steel industry in this country that is able to compete, and we must indeed address the discriminatory costs of energy; he is completely right to raise this point.

Oral Answers to Questions

Stephen Kinnock Excerpts

Wednesday 18th November 2020 Commons Chamber

[Simon Hart]

As my hon. Friend knows, an equitable spread of vaccination across the UK is absolutely essential. That is why we are having regular, daily meetings at official and ministerial level with the Welsh Government and others to ensure that that is achieved. In addition, the testing regime announced today for the county of Merthyr Tydfil, which involves, I think, 165 military personnel provided by the UK Government, is in indication of how we are determined to act collaboratively in dealing with this disease.

[Stephen Kinnock (Aberavon) (Lab)]

What recent discussions he has had with the Secretary of State for Business, Energy and Industrial Strategy on the long-term future of the steel industry in Wales.

[The Parliamentary Under-Secretary of State for Wales (David T. C. Davies)]

I know how committed the hon. Gentleman is to steelmaking from our time on the Welsh Affairs Committee. I reassure him that the UK Government are similarly committed to a long-term sustainable future for steelmaking in Wales. We have already met Tata and the Welsh Government, and BEIS will continue to work with the company as it shapes its business strategy in the future.

[Stephen Kinnock]

The Minister will be concerned by the recent news that Tata Steel is selling its Dutch operations to a Swedish company. The steel industry is helping so much in the current crisis, and it is the basis of our entire manufacturing sector, so can the Minister please give us a bit more detail about what discussions are taking place with the Government and with Tata Steel, and when we can hear some positive good news, because we need our steel industry?

[David T. C. Davies]

I agree with the basis of the hon. Gentleman’s question. I cannot go into great detail about what discussions are taking place, but I can reassure him that discussions have taken place with Tata and with BEIS, and the UK Government stand ready to work with all to ensure that we have that steelmaking future in Wales. If the hon. Gentleman has any doubt at all, he only needs to look at the work that my right hon. Friend the Secretary of State did to ensure that Celsa received a £30 million loan—a loan that has saved 800 jobs in Wales and demonstrates firmly our commitment to the Welsh steelmaking industry.

Public Health

Stephen Kinnock Excerpts

Wednesday 4th November 2020 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab)]

Like many hon. Members, I would like to start by paying tribute to all the British public, including those in my Aberavon constituency, who have shown such resilience and fortitude throughout an extremely difficult 2020.

These new restrictions are, of course, for the people of England, but the economic package accompanying them will have a significant effect on Wales and on my constituents. Regrettably, it has become all too evident that the Prime Minister and Chancellor only took decisive action in terms of economic support once London and parts of the south-east were put into tier 2 and then full lockdown. When we in Wales went into our fire breaker, the UK Government refused to extend furlough. When the north of England went into tier 3, the Government refused to extend furlough. Now, with new restrictions affecting the south-east, the money suddenly appears as if by magic. Furlough must be fair for all—it is as simple as that.

During his successful general election campaign, the Prime Minister promised to level up the UK. In reality, the very opposite has happened. This virus has turned the gap between the south-east and the rest of the UK into a chasm. We now need a clear and specific plan that states what levelling up is actually supposed to mean in practice. This plan must have our steel industry at its heart.

A focus on steel would deliver three interlinked benefits. First, it would support the creation of high-skilled, well-paid jobs in areas of the UK that have been ignored by successive Conservative Governments since 2010, including in south Wales. Secondly, it would strengthen the UK’s sovereign capability. One of the most important lessons of the pandemic is that we are far too dependent on supply chains from other countries, and increasingly, those countries are run by authoritarian Governments who are not our natural allies. Thirdly, it will enable our transition to net zero, backing the industries of the future but also greening current industries. Yet, by failing to provide the UK’s largest steelmaker and the employer of 4,000 steelworkers in my constituency with the emergency loans during the pandemic to plug the cash flow gap caused by the fall in demand, the Government have again chosen to sit on their hands. There can be no post-pandemic recovery, no levelling up and no modern manufacturing renaissance without a strong and healthy steel industry.

I will end by saying a few words on test, track and trace. While Welsh Labour backed local experts and our local authorities, the UK Government have put test, track and trace in the hands of Serco, without any proper tendering process. Serco won huge contracts to the tune of £500 million and, through no fault of the vast majority of its employees, I might add, utterly failed our country at this time of need. The choice that the Government have taken is to privatise and centralise when they should have been keeping what is a truly public function in the public sector and allowing local authorities to mobilise the expertise that they have on the ground. I hope that the UK Government will look to Cardiff Bay—to the Welsh Government—learn the lessons of Test and Trace, and take this four-week lockdown as an opportunity to fix the system and learn from the way in which the Welsh Government have done it.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I will be moving straight to the right hon. Member for Forest of Dean (Mr Harper), but after he has spoken, I will reduce the time limit to three minutes to try to accommodate as many colleagues as possible.

United Kingdom Internal Market Bill

Stephen Kinnock Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons
Monday 14th September 2020 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab)]

The Prime Minister won the last election based on the promise to “get Brexit done”. That was his mandate, given to him by the British people—to move on. He said there would be

“no more dither and delay”.

He said, “Let’s get our oven-ready deal through.” He won an 80-seat majority based on that withdrawal agreement, and this Parliament ratified it. We are calling on him to deliver the deal he promised, one that would work for Britain in terms of protecting jobs and the Union, and then we can get on with tackling the coronavirus crisis. So why is he dithering and delaying? Why is he introducing legislation designed to reopen old Brexit wounds? He called the withdrawal agreement a “fantastic” deal for the country, but now he says it never made sense. Was he deliberately misleading the British people then, or is he doing so now?

Not only has the Prime Minister undermined trust here at home, but he is trashing his Government’s reputation as a trustworthy and reliable member of the international community, because it is absolutely clear that this legislation breaks international law. The Brexiteer who signed off this deal as Attorney General described the Bill as “unconscionable” and all five living former Prime Ministers are united in agreement.

Our greatness as a country is built upon our values and the fact that we have long stood up for the rule of law. This Prime Minister wants to throw all that away. The UK needs to be standing up to the Chinese communist party’s breaches of international law and Russia’s foul play, but how can we do that with credibility if we are advocating breaking international law? With one stroke of his pen, this Prime Minister has torpedoed the painstaking work that our diplomats do every day.

This is not just a question of trust or morality; it is also about our commercial and economic interests. We are going out into the world to negotiate new trade deals post Brexit, but how can any other country trust us to keep to those agreements? If this Bill passes into statute, the Prime Minister will be sending his trade negotiators naked into the conference chambers. This Bill is not only dismantling the manifesto pledge and our international reputation, but it is creating a constitutional crisis, trashing the common frameworks that are the basis for our devolved constitutional settlement and creating the conditions for a race to the bottom on standards, opening the door to chlorinated chicken and hormone-injected beef becoming the norm. Trade negotiations are never a walk in the park. Both sides will always defend their interests, and that is fair enough, but the rules are the rules. A commitment is a commitment. Our word is our bond. I therefore urge hon. Members to behave with honour and to join us in the No Lobby this evening.