Holocaust (Return of Cultural Objects) (Amendment) Bill

Debate between Theresa Villiers and Julian Knight

3rd reading: House of Commons & Report stage: House of Commons
Friday 15th March 2019 Commons Chamber

[Julian Knight]

That is an interesting question, and there are people in the museum communities much more qualified to answer it than I am.

[Theresa Villiers]

Let me provide reassurance on this issue. Establishing ownership obviously involves looking at the facts of the case. The 2009 Act provides for that to happen with the oversight of the Spoliation Advisory Panel, and its recommendation to return property is sent to the Secretary of State for Digital, Culture, Media and Sport. That is the process—the facts are considered, the panel assesses them, and the Secretary of State decides whether to approve the recommendation to return the property.

[Julian Knight]

I thank my right hon. Friend for that clear explanation, and I am delighted to have been an interlocutor between her and my hon. Friend the Member for Beckenham (Bob Stewart).

--- Later in debate ---

[Julian Knight]

I give way to my right hon. Friend to answer that.

[Theresa Villiers]

Yes it has legal force when establishing the ownership of property, and the 2009 Act removes the legal barrier to recognising correct legal ownership.

[Julian Knight]

I shall move on.

This Bill should not be seen as a rebuke to those who drafted and passed the original Act 10 years ago. The whole point of sunset clauses is that they make us revisit previous pieces of legislation, test their underlying assumptions and decide in the light of new evidence and experience whether and how to update the law. That is good legislative practice.

In this instance, after a decade in operation it is clear that the work of the Holocaust (Return of Cultural Objects) Act 2009 is far from done. We do not know how many more items may yet prove traceable to legitimate owners once proper provenance work has been done, and it would be perverse to make it impossible for institutions to return such items in future in order to uphold what has proved to be an arbitrary deadline. The Bill provides us with an opportunity once again to renew our covenant with the Jewish people and all the victims of the holocaust, reflect on the crimes of national socialism and reiterate our commitment to pursuing justice for its victims. I am therefore proud to offer the Bill my full support, and I hope that Members across the House will do the same.

Litter Strategy

Debate between Theresa Villiers and Julian Knight

Wednesday 18th July 2018 Westminster Hall

[Theresa Villiers]

I agree with my right hon. Friend. We need to ensure that people know that it is a criminal offence. The courts should be tough in imposing punishments on those who cause that scar on our countryside, as he describes it.

I applied for this debate after a similar conversation with my constituent Mr Nick Spall, who contacted me to complain about litter and debris piling up along the approach roads linking the M25 with the South Mimms turn-off. He had particular concerns about the connection with St Albans Road leading south towards High Barnet, which is just outside my constituency of Chipping Barnet. He pointed out:

“Visitors to the UK will be surprised and disappointed that this cannot be kept under control at such a visible and prominent location.”

I raised that complaint with Highways England, which told me that Hertsmere Borough Council was responsible for litter clearance on the roads concerned. Hertsmere Borough Council informed me that the general area was litter-picked on a weekly basis, but that several sections could not be safely accessed without traffic management measures, and that they could take place only if Hertfordshire County Council had road closures planned.

That illustrates the first key issue I wish to raise with the Minister. If we are to tackle the litter that we can see through our car or bus windows every day, we need to address the problem of divided responsibilities and introduce clearer lines of accountability. That point was made by Peter Silverman of the Clean Highways campaign, and I would like to take this opportunity to thank him for the briefing he provided for the debate and for his determined work to highlight these important matters.

[Julian Knight (Solihull) (Con)]

My right hon. Friend is giving her customarily fantastic evocation of the issue. I congratulate her on securing this hugely important debate. In my constituency, Christine Dunster has set up the Olton library litter pickers and she was recently awarded a British Empire Medal for galvanising the community. As my right hon. Friend has just congratulated the gentleman in the Gallery, will she join me in congratulating other local campaigners on their work to involve the community in this issue?

[Theresa Villiers]

I will. We should take pride in the fact that so many members of our communities are prepared to put their own time, effort and hard work into tackling litter. In that regard, I highlight the staff at McDonald’s Friern Barnet, who regularly go out to litter pick. Those volunteer efforts are hugely to be welcomed, but we also need to ensure that we have an effective response from the Government and local councils.

Allocation of responsibility for clearing highway litter is governed by the Environmental Protection Act 1990. Local councils have that duty in relation to the majority of roads, including trunk roads in the strategic road network. Highways England is charged with maintenance and litter clearance on motorways and a small number of trunk roads. Similarly, Transport for London is responsible for maintenance and litter clearance on several strategic routes in the London region.

That means that there are many cases where the body responsible for maintaining the road and its verges is not responsible for litter clearance on those verges. We also end up in a situation where small district councils are supposed to clear litter from busy major roads but are not geared up for the extensive organisation that comes with health and safety requirements, such as coning off lanes or shutting roads altogether, as in the example near my constituency, which I referred to earlier.

Will the Government consider reforming the law to provide that the body responsible for maintaining a road and the roadside is also the one tasked with clearing litter from that roadside? In particular, that reform would mean that Highways England had an increased duty to clear the litter around all the roads for which it is responsible, and it would make it much easier to combine work such as trimming roadside vegetation with litter picking, so clearance could take place more regularly and efficiently.

If the Government feel that that would be too big a step, can they at least report on progress on improving the partnership working between Highways England and local authorities, as they advocated on page 57 of the 2017 litter strategy? That would be a crucial way to address some of my constituents’ concerns.

My second concern is more general. Section 89 of the 1990 Act imposes a statutory duty on Highways England and local authorities to clear litter and refuse from roads where they are the designated authority. The amount of litter blighting our roads must surely mean that that duty is not being taken seriously enough. That is implicitly acknowledged on page 60 of the strategy, where the Government promise to revise the code of practice that provides guidance on how to comply with the section 89 duty.

We need to strengthen the obligations placed on Highways England in relation to litter clearance. I have a copy of its litter strategy with me and, frankly, it is a bit thin—it runs to four pages plus a list of roads. The Government’s 2017 strategy refers to working with the Office of Road and Rail and to including a tougher litter-cleaning key performance indicator in the performance specification for Highways England. The Government promised to review the mechanism for holding authorities to account in relation to the performance of their obligations under the code of practice. They also undertook to remove responsibilities from local authorities that failed in their duty to keep the road network clear of litter. I appeal to the Minister to press ahead with reform to make Highways England take the issue more seriously, to toughen up the code of practice as it applies to all local authorities, and to ensure that the enforcement of the section 89 duty becomes much more effective.

My third point relates to the procedures required for litter picking on fast, busy roads. Those responsible for clearing litter have a duty to keep their employees safe, and that obligation must always be strictly adhered to. At present, extensive coning off of lanes, or even full road closures, are often deemed necessary for routine roadside litter clearing.

On page 56 of the 2017 strategy, the Government express their determination to tackle the practical barriers preventing clearance of road litter. They refer to a working group that they have established, which is dedicated to looking at these matters. I appeal to the Minister to ensure that the outcome of that work ensures that rules requiring the coning or closing of roads are used in a proportionate way and only when necessary, to ensure the safety of workers. What we do not want to do is place unnecessary constraints on litter clearance. The Government have been looking at the issue as it relates to workers involved in road maintenance and road works. I hope they will also undertake a similar process in relation to workers who are at one remove—in other words, who are on the edge of the road and not on the road itself.

A fourth concern on which I would like the Minister to reflect relates to heavy goods vehicles. Sadly, roadside litter is not just food wrappers and coffee cups thrown by irresponsible and antisocial drivers; a significant proportion of it will have blown off skip vans or lorries with open loads. I urge both the Environment Agency and Highways England to give higher priority to prosecuting that kind of waste crime. I am sure that they have been sent many dashboard camera video clips of such an offence. I have raised this issue with the Road Haulage Association and the Freight Transport Association. There is also a real concern about some HGV drivers leaving litter after overnight stops, as referred to in the litter strategy. I appreciate that it is very much a minority of HGV drivers who behave in that way, but such littering does happen.

Page 64 of the 2017 strategy refers to the particular challenges in getting an anti-litter message across to drivers from overseas. It would be useful if the Minister could update us on the Government’s progress in communicating that message. Of course, it is also important to note that there is a shortage of overnight provision for HGV drivers, and finding more space for those kinds of facilities—including, of course, litter bins and waste disposal facilities—is an important part of a strategy to tackle roadside litter.

Thankfully, the problems that I have highlighted regarding the national road network occur largely outside my constituency. However, like almost everywhere in the country, we suffer from the blight of fly-tipping, with recent bad examples occurring in Mays Lane in the Underhill area and Regal Drive in South Friern. Fly-tipping is a serious crime that enrages those constituents affected by it. I believe that the police and prosecution authorities, including the Environment Agency, should pursue offenders more vigorously and seek the maximum penalties available for that crime.

I welcome the work done locally in my area by Barnet Council to combat fly-tipping. Many neighbouring boroughs have introduced fortnightly bin collections, which inevitably worsens problems with fly-tipping. That is one of the reasons why Barnet Council has kept weekly bin collections for general waste and general recycling. I also commend its #KeepBarnetClean campaign, which started in 2016 and has involved an extensive campaign of public engagement, including highlighting the £80 fine for littering and the £400 fine for fly-tipping.

In conclusion, not too long ago the Government published a 25-year plan for the environment. A plastic bag charging scheme is already in place, a bottle return scheme is out for consultation, and there is a long list of other ideas under discussion on reducing the need for avoidable single-use plastics. There is now greater public concern about plastic waste than I can ever remember in my lifetime. I urge the Government to harness that momentum in support of long-standing efforts to prevent litter from disfiguring our roads, countryside and public spaces.

At this time of year, students throughout the country are embarking on their National Citizen Service programmes. I hope that one of the issues they are asked to consider is litter and how to prevent it. However, I am afraid that it is not just young people who drop litter. To illustrate that, I produce this Crunchie wrapper, which I picked up this week after it had been dropped in the back row of the main Chamber of the House of Commons.

Offensive Weapons Bill

Debate between Theresa Villiers and Julian Knight

2nd reading: House of Commons & Money resolution: House of Commons
Wednesday 27th June 2018 Commons Chamber

[Theresa Villiers]

I do not. I very much welcome my hon. Friend’s highlighting of that problem. I am going to come on to it, because we need a fairer system for the allocation of resources in our capital city—a point made by my hon. Friend the Member for Romford (Andrew Rosindell).

I am concerned about the impact of the police station closure on visible police presence. Only today, I received a report of retailers being robbed in High Barnet, with a recent incident of men in balaclavas who were wielding weapons robbing a shop in broad daylight in front of frightened children. Over recent months, during the regular doorstep calls that I undertake in my constituency, many people have highlighted their anxiety about burglary. I appreciate that budgets are constrained, but I have appealed to the Mayor to give Barnet a fairer allocation of police resources to help provide concerted action on burglary and other crimes, including those involving the offensive weapons targeted in this Bill. As we heard from my hon. Friend the Member for Hendon (Dr Offord), Barnet has fewer police per head than many other boroughs, although, sadly, we face a number of problems very similar to those of inner-London boroughs.

[Julian Knight]

What my right hon. Friend is saying is very resonant for me, because our police and crime commissioner closed our police station in Solihull. Burglars, in particular, often use fear-inducing weapons such zombie knives and death stars to commit violence. Does she agree that this Bill is very welcome in that respect?

[Theresa Villiers]

My hon. Friend makes a valid point. Burglary is a deeply distressing crime for its victims, but unfortunately it can be made very much worse by threats of violence and the use of weapons of the type targeted by this Bill.

The Mayor of London does have choices with regard to resources. He has, for example, about half a billion pounds in reserves. He is proudly allocating £150 million a year to cycling measures. He had earmarked £60 million to pedestrianise Oxford Street. This is not the occasion to debate the merits of those funding choices, but it shows that even with a small switch from those priorities to policing, the Mayor could keep our police station in Barnet open. It is not enough for him to seek to blame the resources he is given by Government. He has choices and he should make them in a responsible way that gives the suburbs their fair share of police resources.

Finally, I want to share with the House some very depressing news on a crime committed in my constituency at the weekend. On Sunday, thieves broke into the site of the Summer Soulstice festival in Mays Lane in Arkley. They used acetylene cutting gear and hammers to break into a safe and made off with over £45,000 in takings from the event that was awaiting transfer to the bank the next day. It seems that they may have deliberately planned the break-in to coincide with the England World cup game, when those clearing up after the festival had gone home to watch the football.

This crime is made all the more repellent by the fact that the Soulstice festival is entirely run by volunteers and all its proceeds go to a local charity, Cherry Lodge Cancer Care. The event was established in memory of Andy Weekes, who was sadly lost to cancer in 2006, and it has raised over a quarter of a million pounds for Cherry Lodge over the course of 11 years. The family of the late Andy Weekes and the whole team behind Soulstice are apparently devastated by what has happened. I am sure that the whole House will share my dismay about this crime. I do not imagine that the perpetrators are likely to read Hansard, but they should feel a deep sense of shame about what they have done. I very much hope that the police will catch them swiftly and that they will be locked up for a very long time indeed.