Performing Arts: English National Opera

Tim Loughton Excerpts

Monday 5th December 2022 Commons Chamber

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

It is a pleasure but also a sadness to rise to speak in this Adjournment debate, because it is not a discussion we should be having in a society that prizes excellence, attainment and opportunity. It is about the disgraceful behaviour of Arts Council England in removing the English National Opera from the national portfolio and about what some of us perceive to be a significant underappreciation of the performing arts, as opposed to other art forms, in the way we deal with our arts and culture policy—perhaps, I regret to say, in the attitude of Arts Council England itself from time to time.

Let me set out very briefly what causes that. The English National Opera is approaching its 100th anniversary. It was founded by Lilian Baylis to deliberately make opera, in its best and most effective sense, available to everybody—I will come back to the fact that opera is not some kind of elite form in the way it is so often wrongly characterised. That is the same mission that Arts Council England was given: to make art and excellence available to everybody. Regrettably, recent decisions have put that at risk.

For 55 years or so, ENO has had its home at the London Coliseum. It has been a nurturer of talent and, for many people, as audiences and as professional singers, the gateway to opera. It has done a great deal. It has had its challenges from time to time; the Coliseum is a large theatre, and there was a time when the company struggled to find its way in a sense, artistically and financially. It also had some brilliant times, and I remember, as a young student in London, going to the ENO when it was at Sadler’s Wells, before it moved down to the Coliseum. I remember seeing fantastic productions there that opened people’s eyes to what music can do; what that extraordinary juxtaposition of theatre, music and the visual performance can do, in a way that no other art form arguably can.

The ENO’s unique thing was that it was affordable and it did it in English, so the barrier that sometimes makes operas and art forms seem remote did not exist at the English National Opera. That has always been one of its important calling cards. That has also meant that talented people—from Bryn Terfel to Susan Bullock and many others—started their careers and have worked their way to becoming international stars because of the ENO.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I congratulate my hon. Friend on bringing this debate, although it is regrettable that we have to have it. I can attest, as somebody who has enjoyed many particularly un-highbrow productions at the Coliseum, to what he is saying. The ENO has sought to diversify and to open its doors to the less advantaged. It has given free tickets to young people and has encouraged them to get involved with the beauty of music in an accessible way and in English at such a young age. Does he not think it is ironic that the ENO is the victim of a supposed diversification programme by the Arts Council, which is giving questionable money to all sorts of politically motivated causes up and down the country, and that this could scupper the future of such a fantastic institution that has done so much to bring the arts to those who absolutely benefit from it more than most?

[Sir Robert Neill]

I certainly agree with my hon. Friend. The ENO has been about expanding horizons and expanding opportunities. The irony is also that, because of the hard work of its current leadership, and because of the work that has been done by its chair, Dr Harry Brünjes, by its board, and by its chief executive, it is on a sound financial footing.

The ENO was praised by the chair of the Arts Council as being never better led, and the Arts Council’s internal documents show that its governance is beyond reproach. On its financial situation, risk is seen as moderate—for any company in theatre, that is, frankly, very good. It has actually built up reserves and has done all the right things, putting the operation on a much more commercially aware basis. Those at the ENO spend time bringing in musicals to cross-subsidise some of the less accessible and more challenging work, but that is an important part of their mission, too. They have done everything expected of them in the Arts Council’s own objectives, and have ticked the box on the Art Council’s own internal assessments of the Let’s Create objective.

Why is it, then, that a company that has done everything asked of it, and succeeded, has the rugged pulled from under it by the Arts Council, on 24 hours’ notice, with no consultation, no evidence base—that we have seen—to underpin it, no strategy to underpin the approach to opera as an arts form or, generally, to the way that vocal arts are dealt with in the United Kingdom? Why is it, then, that the chorus and orchestra are threatened with redundancy and the creatives are likely to be on notice? That is all on the basis of a laudable objective of the Government to spread where the arts are found in this country. I do not disagree with that, but it is done in such a manner that the Government’s own objective is, I regret to say to the Minister, undermined and almost discredited.

Oral Answers to Questions

Tim Loughton Excerpts

Thursday 21st July 2022 Commons Chamber

[Anne-Marie Trevelyan]

As I set out earlier, we have a robust process of transparency and we will continue to follow it as we bring more ratified free trade agreements to the House in due course.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Topically, the Government have announced yet another deal with the American states, in no small part due to the allegedly “work-shy” efforts of the Minister for Trade Policy, my right hon. Friend the Member for Portsmouth North (Penny Mordaunt). Think what she could achieve if her focus was actually on the job!

The economies of many of these American states are larger than those of European countries. Texas is the 12th largest economy in the world. Can my right hon. Friend give us a cumulative total of the sort of economies that we are dealing with in these trade deals and that are likely to be signing up over the next few months? I think that total is considerable, thanks to her efforts.

[Penny Mordaunt]

States such as California and Texas are super-economies: if they were nations, they would be the seventh and eighth largest economies in the world. We hope that Texas will be in the first eight deals that we sign. In addition to the potential for their economies and ours, this is also about bringing together smart people, money and ideas to solve problems that we are all grappling with. Texas in particular is doing a huge amount on fintech blockchain; the synergy between what it is doing and the innovation in the City of London could be really special.

Legal Recognition of Non-binary Gender Identities

Tim Loughton Excerpts

Monday 23rd May 2022 Westminster Hall

[Tim Loughton (East Worthing and Shoreham) (Con)]

I had wanted to say only a few brief words in this debate, but given that we have a little time, I might add a few more. I start by echoing the words of my hon. Friend the Member for Don Valley (Nick Fletcher), who opened the debate: we absolutely have a duty to be tolerant of those who do not identify with the gender that reflects their biological sex, or who choose to identify as non-binary. I acknowledge that a great many young people suffer from gender dysphoria, and we need to be supportive and give them the help they require.

That does not mean that we have to change the law, and it certainly does not mean that we have to change statute in order to recognise one particular description of how people are choosing to identify. As my hon. Friend said, there are criminal laws in place to deal with transphobic crime and other related hate crime. It is important that those laws are enforced and are seen to be enforced, in a way that is no different from how they are enforced in respect of those who do not identify in that way.

The petition states that recognising non-binary as a valid gender identity

“would aid in the protection of Non-binary individuals against transphobic hate crimes, and would ease Gender Dysphoria experienced by Non-binary people.”

That is quite a bold claim, for which I do not see the evidence. Indeed, being faced with the possibility of identifying not as a male, not as a female, but as non-binary could cause added confusion, certainly to teenagers going through a very formative and impressionable stage of their lives—as if they do not have enough to worry about already.

In so many debates, we hear about the huge pressures on our teenagers, and those of us who are parents have seen those ourselves. Teenagers certainly face far more pressures than when you or even I, Sir Roger, were at school and growing up, going through puberty and everything related to it. They face the mental health impact of the modern world—of social media, of peer pressure, and of the trendy thing to do that goes on in school and, crucially, in the social media world, out of the range of face-to-face challenge.

Those are huge pressures on our young people. What are they to do if faced with the question, “Are you sure you are a girl or a boy?” If we put that into law and say, “Actually, you may not be a girl or a boy; you can opt for non-binary,” whether or not a young person instigates that themselves, the pressure from some people to get their contemporaries to do so could be overwhelming. I take issue with the formula in the petition because I think it could actually make things worse for children who are already potentially questioning their gender identity because of pressures on them.

Not acknowledging that the law needs to be changed in order to protect such individuals should not be seen as in some way anti-transgender or anti people who want to identify themselves as different from the sex with which they were born. I share the concerns of my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates) about the disproportionate number of young people, in particular, who are looking to identify as transgender or non-binary and are ending up in gender clinics. She said there has been a 15-fold increase in recent years. Why is there this big increase? We need more evidence and research on exactly what is driving it in certain parts of the country and certain parts of the world.

I gather that it is heretical to claim that a person cannot change their birth sex, but to me, it is not terribly traditional to have been brought up with biology lessons that say that sex is not immutable. I fully acknowledge that people can choose to change their gender and want to be identified as something else. They cannot reverse history and change their birth sex. They can only choose to change their gender or the way they are recognised now; they cannot go back in time.

We must also look at the impact on the rest of the population. It is absolutely right that we protect a minority of people who need protections, but it is not right that we do it with no regard whatsoever to the vast majority of the population who do identify as men and women—in particular, women; the impact on women’s space is absolutely worrying. We have heard examples relating to gender-neutral toilets and changing rooms, the situation in prisons, and so on.

[Kirsten Oswald]

I am delighted that the hon. Gentleman has given way. Is he able to go into some more detail about his concerns regarding prisons? I have heard the Minister on numerous occasions clarify the arrangements for ensuring that everyone ought to be safe on the prison estate.

[Tim Loughton]

Indeed, everybody should be safe in prisons. I have raised this matter with the Prisons Minister in the past. There are statistics, I am afraid, that show that there have been sexual assaults committed in prison by somebody whose gender is different from their biological sex. I appreciate that the Government are doing more to ensure that that cannot happen in the future, but I am afraid there are cases where that has happened. That is why women, in particular, feel threatened. [Interruption.] The hon. Lady may well not feel threatened, but a lot of my constituents have come to me, having seen this evolving argument, to say that there are places where they no longer feel safe. We have a duty of care to those people; we must ensure their safety and wellbeing too.

Frankly, anybody who has the audacity to question any of these things, as I just have, is faced with the cancel culture, which is so utterly damaging and absolutely does not help the population as a whole. It certainly does not help women, and it does not help the gay and lesbian population, who feel greatly restricted by much of this. This argument and the terminology in the petition are, I am afraid, about the creeping blurring of language and a conflation of and around sex and gender. That threatens to erase the recognition of males and females—of men and women.

As I said, I am particularly concerned about the impact on children. I have been in Parliament for quite a while—not quite as long as you, Sir Roger—and in that time most things have become more restricted for children; for more things, we have seen the age of access raised to 18. A person under 18 can no longer go into a suntanning parlour to get a suntan, and they can no longer have a tattoo. We quite rightly restrict cosmetic procedures for children unless medically required. We know the pressures on young girls to get breast-enlargement surgery to be with the programme, and all the social media pressures about men and having cosmetic surgery.

Against that trend of recognising that children are children—when they are adults, they can do what they like, within reason, if it does not harm anybody else, but children need our protection, and that that is why the laws are there—it seems extraordinary that we have seen a huge increase in access to puberty blockers through gender clinics. As my hon. Friend the Member for Penistone and Stocksbridge quite rightly said, puberty blockers have life-changing impacts on children—far more than a tattoo, a temporary suntan or even a breast-enlargement operation would have. Yet if someone challenges that—if someone questions whether those children are capable of thinking through the consequences and are cognisant of the implications for the rest of their lives of making that decision, with or without the involvement of parental responsibility—they are subject to cancel culture. There is a huge contradiction in those two scenarios.

Let me end with some examples from Parliament. Whether we like it or not, what we do here is seen outside, and it is seen as setting an example. Sometimes it is a bad example, but certainly what we do and say in this place has influences. Members may have seen the reports of the debates on the Ministerial and other Maternity Allowances Bill in the House of Lords, where there were attempts to erase the term “woman” from the Bill. I am glad that my hon. Friend Baroness Noakes led the resistance to that. She said:

“I am not prepared to be erased as a woman”.—[Official Report, House of Lords, 22 February 2021; Vol. 810, c. 640.]

Effectively, that is what was happening there. The language that we use in this place is important.

I mentioned the creeping blurring of language. You may recall, Sir Roger, that three years ago I was successful in my private Member’s Bill, which is now the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019. It enabled opposite-sex couples to have a civil partnership, it enabled the mothers of married couples to have their names on marriage certificates, and it brought in various requirements for stillbirths. Unbeknown to me, and only pointed out some time after the legislation went through both Houses, section 3 refers to persons who are pregnant—not “women”, but “persons” who are pregnant.

If I had known that that had been inserted—I did not write those words; they were written by civil servants in one of the Departments—I would have insisted that the language be changed. Indeed, at the first opportunity—perhaps in the conversion therapy legislation that is coming through—I will be proposing an amendment to my own Act to ensure that we refer to women, because it is only women who can get pregnant. This is happening all the time, and the insidious changing and blurring of our language is so important.

Another thing has just come to my attention. If we are looking for a fellow Member on the Houses of Parliament search engine—or if one of our constituents is doing so—and we are not sure where they come from or what subject we are looking for but want to search by sex, we now have four options. We can say that they are “male”, “female”, “any” or “non-binary”. That is on the search engine of this House, yet, as we have heard, the term “non-binary” does not have any status in legislation. Indeed, that is what the petition is all about.

We are setting the trend by acknowledging the existence of a formal term “non-binary” in searching for Members of Parliament. I am not aware that any Member of the Lords or Commons has, in any case, identified as non-binary. That is what I am worried about. Words matter. Although this petition—

[Kirsten Oswald]

Will the hon. Member give way?

[Tim Loughton]

I should hand over to the Front Benchers, or we will run out of time. I have been generous to the hon. Lady.

Words matter, and if we do not set a good example in this place—if we allow the blurring of terms and language to go unchallenged and unnoticed—then we should not be surprised when we see the consequences, some of which my hon. Friends the Members for Penistone and Stocksbridge and for Don Valley have alluded to.

Finally, the noble Lord Winston, who has written extensively—he is a man of huge expertise, knowledge and respect for his scientific and medical background—talks about badly damaged children who have been subjected to puberty blocking and other treatments at gender clinics. We have a duty to young people and to our constituents to ensure that words matter, that protections matter and that respect matters. That is why, despite the best intentions that I am sure the petition has, I think that it would have great implications were it to be adopted by the Government, and I urge the Minister to desist from doing so.

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[Kirsten Oswald]

I think that all children should be surrounded with safeguarding and support—I suspect that that is something the hon. Member and I can agree on—but to conflate autism diagnosis and people who are non-binary is a mistake and unhelpful in the bigger picture.

I also did not agree with the assertion of the hon. Member for East Worthington and Shoreham—

[Tim Loughton]

Worthing.

[Kirsten Oswald]

The hon. Member for East Worthing and Shoreham (Tim Loughton)—I beg his pardon. I am glad he corrected me—I cannot read my own writing—but I did not agree with his assertion that there is some kind of issue with something like “non-binary” appearing on a drop-down menu. That should not be an issue for any of us. That costs us absolutely nothing, and it makes people feel more comfortable.

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[Mike Freer]

All converts to equal marriage should be welcomed. My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) and I sparred over the debate on equal marriage. Now I am delighted to see that we agree not only on equal marriage but on civil partnerships for opposite-sex couples. It is amazing how things sometimes come full circle.

[Tim Loughton]

The Minister is indeed right, but we sparred not over equal marriage but over the same-sex marriage Bill, which had many deficiencies. I have never had a problem with the principle of same-sex marriage, and I was very happy to be one of the sponsors of the extension of the measure to Northern Ireland, as has just happened, late in the day though it may be.

[Mike Freer]

I stand corrected.

The Government have no plans to change the Gender Recognition Act, and nor do we have an appetite to change the Equality Act 2010. The provisions in those Acts will remain.

The journey of LGBT equality has been debated with rigour, and those debates have not always been respectful. We need to ensure that people feel that they have the right to disagree and to debate those points forcefully where necessary. We sometimes feel that change can be too slow. Those who want more change are always hungrier for speed, while those who are less sure of the change often take some convincing or seek to stop the change. I understand that, and that is where we are today.

Non-binary people are an emerging focus of LGBT equality. Although to many people non-binary identities are familiar and understood, to others they are much newer and raise questions that challenge the traditional notions of gender. Interestingly, throughout history there have always been individuals across many cultures with different experiences and identities, many going back thousands of years. Some of the identities we are debating today have been with us for thousands of years; they are not a new phenomenon driven by TikTok. Some of them go back 2,000 years or more.

Today, as in the past, people who identify under the non-binary umbrella are as diverse as any other group. They are of all ethnicities, sexualities, backgrounds and ages; their experiences will be unique; and the obstacles they encounter will be unique. What is true of one person’s experiences of living as a non-binary individual may not be true of another person’s, and it is those experiences, this information and that data that the Government are committed to examining and monitoring.

Members have called for more data and research, and that is exactly the Government’s position, because we must understand how everyday life for non-binary people is impacted by their identities and explore any obstacles they face that may require addressing in law, which is exactly what the hon. Member for Oxford East (Anneliese Dodds) supports. We need more data, because it simply is not there in sufficient quality—as I have said, that information is lacking at present. Officials in the equality hub have conducted an analysis of existing data and research on non-binary identities, and have found that it is not of sufficient quality to allow us to draw conclusions, so the Government will continue to monitor research into the experiences of non-binary people, seeking to better understand their lived experience.

I turn to the LGBT plan, to which Members have referred. The Government remain committed to improving outcomes for LGBT people at home and abroad, and we continue to explore opportunities in the areas of health, education and safety specifically. I am working across Government with ministerial colleagues to develop tangible commitments that will improve the day-to-day lives of LGBT+ people in the UK.

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[Mike Freer]

That may well be true, but I urge my hon. Friend to take it up with the Secretary of State. This is a matter for the NHS; it is not a matter for me, and at the moment the NHS is of the view that puberty blockers are reversible.

I also put on record that the interim report that Dr Hilary Cass has published is absolutely clear. Members have referred to the incidence of other factors that may cause gender distress, such as neurodiversity. Dr Cass is absolutely clear that it is the clinician’s duty and role—a protected right—to ensure that they explore all possible causes of gender distress. She will be issuing firmer guidance to ensure that clinicians, as well as their clients and wider society, understand that it is the role of the clinician to explore all possible reasons for gender distress. That clarity will be welcomed not only by the patient, but by parents, teachers, clinicians themselves and wider society.

[Tim Loughton]

The Minister is making an interesting argument. He has quite rightly said that permitting puberty blockers is a decision to be made by the NHS. The capacity of minors is a decision for the Government, so does the Minister think that a 12-year-old has the capacity to opt into puberty blockers without the need for parental consent?

[Mike Freer]

Again, I am going to have to stray into areas for which I do not necessarily have the detail, because the clinical operation of clinics is obviously a matter for the NHS. My understanding is that under-18s cannot make those kinds of decisions, but I am looking for guidance from officials in case I get this wrong. It is probably safest for my hon. Friend to let me write to him with specific details of the clinical guidance on how under-18s are supported, but my understanding is that under-18s are not permitted to make irreversible decisions. Let me write to him regarding the exact line for decision-making capacity with parental involvement, so that I can get it absolutely right for him.

[Tim Loughton]

I am grateful, but I want to make sure that the Minister is writing to me on the right question, because he has just referred back to an opinion as to whether or not puberty blockers are reversible. I want an assurance from him, because I think I know the answer to my question, and I think he is inclined to give me a different answer. My view is that no child under the age of 18 should be able to opt into a puberty blocker form of treatment that is not required for medical or clinical reasons without parental consent, unless there is a question mark over the capacity of that parental consent. This is about whether a 12-year-old has capacity to take what many of us would regard as life-transforming decisions without any reference to their parents, who retain parental responsibility if that child does something wrong, at least until the age of 18.

[Mike Freer]

I am not trying to give my hon. Friend a different answer; I am trying not to give him the wrong answer, so what I will do is this. I think the officials have a very clear understanding of the question, and we will write with the details, to ensure that that very specific question is answered.

My hon. Friend the Member for Don Valley raised the issue of participation in sports by trans and non-binary individuals. The Government are clear that we support the independence of sports governing bodies to define their own rules on transgender inclusion. It is entirely appropriate that they can determine the right position for their own sport. Gender has no impact at all in some sports, even at elite level; and for those where it does make a difference, the devil is always in the detail. Sports governing bodies are best placed to navigate that. We may have an opinion, but the Government’s view is that sports bodies are best placed to use all the available evidence to come up with their own policies on how to deal with trans sportspeople.

The Equality Act has permitted restrictions on the participation of transgender people in gender-affected sporting competitions in order to uphold fair and safe competition. That has been in place since 2010. Again, the Government have no intention of amending that provision.

In September 2021, the Sports Councils’ Equality Group published the “Guidance for Transgender Inclusion in Domestic Sport”. The sports councils are currently working with a small number of sports to pilot some practical ways of using that guidance. Obviously, Members who wish to engage with that are advised to contact the relevant sports councils so that they can understand what is being reviewed and their views can be expressed and taken into account. The Government believe that time should be given to sports to consider that new guidance.

I would like to draw attention to the changing atmosphere for LGBT people in sports. Sport has traditionally proven to be a more challenging environment for some than for others to make themselves feel comfortable and safe to participate—that is not the same issue as where trans people are placed in sports. But it has begun to change in recent years. Only last week we witnessed the first male professional footballer in a UK club coming out as gay in more than 30 years. Jake Daniels, who is only 17 years old, has shown courage, maturity and authenticity in coming out publicly. I hope that his coming out will encourage a more inclusive sport, because I cannot believe for one minute that he is the only gay footballer in the professional sport. Certainly he has also been very honest in assessing the impact that it is likely to have on not just his career, but how he is reacted to by the fans. But he is now able at least to live his life the way he chooses, on his own terms. I genuinely wish him the very best and I hope that more follow his stance.

I want to finish on an international point. The UK is and will always be committed to being a global leader in LGBT+ rights. We are by no means perfect and we have work to do, but our role as co-chairs of the Equal Rights Coalition and—until this month—the European Governmental LGBTI Focal Points Network is very important to us. Working with colleagues such as Lord Herbert, who is an envoy specifically on global matters, we will continue to address many of the issues that are facing us overseas, because many countries are further behind. Some of that involves providing support, and some of it involves providing financial support, to ensure that non-governmental organisations are able to challenge discrimination. Although we took the difficult decision to cancel the “Safe To Be Me” conference, I am grateful to all the stakeholders for their work to get the conference almost in place.

I want to ensure that at home we continue to build a consensus on the legal recognition of non-binary individuals, because that has not yet emerged. We may not reach that consensus, and the Government may decide that they do not want to go down that route, but we need sufficient data, research and analysis to start to make decisions on where we go with this issue, based on the evidence. These issues are always thorny and never easy. All I can say is that the Government are willing to listen, talk and engage with many individuals so that their points of view are fully reflected in our policy development.

Trade Bill

Tim Loughton Excerpts

Consideration of Lords amendments
Monday 22nd March 2021 Commons Chamber

[Ms Nusrat Ghani (Wealden) (Con)]

I am grateful to my right hon. Friend for giving way and for his comments earlier. However, I am slightly anxious that he may be misrepresenting the situation from the Dispatch Box.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Unintentionally.

[Ms Ghani]

Unintentionally, yes; forgive me. The term “quasi-judicial” has a meaning in law. The Alton amendment proposes that Members of the House of Lords who were previously judges are able to make and review any decision that the House of Commons Select Committee makes. It is not a court; it is just a Select Committee in the House of Lords. What has the Minister got to fear?

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[Greg Hands]

I am going to make some progress; there is very limited time.

Let me deal with the matter of engaging financial privilege. When an amendment is designated as engaging Commons financial privilege, the Government are procedurally required to provide this as the reason if disagreeing to the motion, although our reasons for disagreeing in this instance are much broader, as I have just set out. Financial privilege is sufficient reason in itself to deem the amendment disagreed to. The designation of Lords amendments as engaging financial privilege is an impartial process determined by the Speaker on the advice of House authorities.

We have listened closely to debates in both this House and the other place and take seriously the issue of genocide and the passions it has rightly stirred on all sides. Consequently, I can announce from this Dispatch Box today that the Government are willing to work with Parliament and relevant Select Committee Chairs should they choose to establish new Joint Committees or sub-committees or to engage the expertise of former members of the judiciary in considering reports of genocide in the context of our proposed free trade agreements.

For example, a new Joint Committee could be made up of members of both Select Committees. The relevant Lords Committee would have Cross-Bench membership and it would be possible for the convener to ensure that at least one of those members were an ex-judge. That is the established process followed for other Committees, which have been chaired by ex-Law Lords. In addition, with the agreement of the usual channels, it would be possible for additional Members with relevant expertise to be appointed to the Joint Committee, as is the case with the Lords Sub-Committee on the Northern Ireland protocol. The Joint Committee would also be able to take evidence from other former members of the judiciary, if desired.

[Tim Loughton]

Will the Minister give way?

[Greg Hands]

I am going to make more progress.

In any case, it is not necessary to set out such provision in legislation. In fact, I would be surprised if hon. Members voted today to bind themselves by setting out in legislation the procedures of a parliamentary Sub-Committee. Parliament is free to amend its Standing Orders to set up Committees and Sub-Committees as it chooses, and to take evidence from those with legal expertise if it deems that to be necessary. Legislating for these matters would only serve to remove flexibility from both Parliament and Government should the issue of genocide as it pertains to trade arise in future. A more nimble and flexible approach may be necessary depending on the context.

The precise details remain to be worked out—by Parliament, quite properly—but I hope it will be clear from what I have said today that the Government are supportive of working with hon. Members on this issue, and we are committed to doing so in line with the process previously agreed to by this House on 9 February.

[Tim Loughton]

Will the Minister give way?

[Greg Hands]

There is very limited time in this debate.

However, we regret that we cannot support the creation of a parliamentary judicial Committee as envisaged in Lord Alton’s amendment, as it blurs the distinction between the legislative and the judicial, and runs contrary to Government policy that it is for competent courts to make determinations of genocide.

Finally, I would like to highlight the statement that my right hon. Friend the Foreign Secretary made earlier today on the sanctions that the Government will be undertaking. I hope that that is another illustration of the Government’s commitment in this very important area, taking tough action on China in relation to Xinjiang with Magnitsky sanctions, in conjunction with our international allies.

In the light of what I have said, I hope hon. Members will support amendments 3C and 3D.

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[Tim Loughton]

Does my right hon. Friend agree that it is very difficult to see a position that the Minister would actually agree to, yet the Lords have changed and tried to compromise so often? Does he also agree that the Uyghurs do not come under the remit of the Government’s amendment to the Bill, and therefore would be given no protection by this House?

[Sir Iain Duncan Smith]

Yes; I am grateful to my hon. Friend for his comments. The problem is that this Lords amendment incorporates the original Neill amendment in its entirety and makes two adjustments. First, there are already trade arrangements with China, but they are pushed aside in this. It can only be an FTA, and it is a prospective one, which means that the Uyghurs are not going to get in front of the Select Committee at all. Secondly—this is very important—it opens the door, because of the definition, to any state activist who has nothing to do with the authority in that state. All QCs who have seen the amendment have accepted that this is a major problem, so we have dealt with that, made it a better arrangement and added the legal committee.

It seems to me that the Government simply do not want to have these judges involved. They say, “We’ll have a judge, if you want, on one of the Select Committees.” Does that not apparently make it another quasi-judicial committee? If the Minister does not mind me saying so, it is a bit sad that the Government could not have accepted this amendment. There was no need for us to be here today voting on it. This was a major compromise, and it would have settled everything.

My right hon. Friend the Minister knows that I have huge respect for him in the job that he has to do right now, but I simply say this. We have a chance tonight, following a very good statement by the Foreign Secretary, to send the message that we simply will not put up with this; we are not frightened of finding that this is genocide, and we are not frightened of saying it from the steepletops. We know that we have to stand up for those who have no voice. This Chamber has a history of doing that. It has an opportunity tonight to do that, and I am sorry that my Government, whom I hugely respect, do not think that they can do it. I urge Members to vote for this Lords amendment.

--- Later in debate ---

[Ms Ghani]

In this place we should recognise a win, so I am grateful that the Government have accepted the principle that they cannot be unaccountable when negotiating trade deals with genocidal states. That is the proposition in the Government’s Neill amendment, which we have banked. However, the proposed Government amendment excludes the Uyghurs, which makes no sense considering the very forceful statement made by the Foreign Secretary just a few hours ago. I welcomed the Foreign Secretary’s statement, especially the sanctions. We have also banked that, but the message we are sending to tyrannical states by denying the genocide amendment is that we have a two-tier genocide system, from which the Uyghurs are excluded.

In case it has to be said, I support my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith)—and my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton)—who is moving my amendment to agree with the Alton amendment, formally known as the genocide amendment. I regret that I cannot support the Government’s amendment, because it responds to the Uyghur crisis by producing an amendment that excludes them. The Government amendment applies only to countries that are formally negotiating a free trade agreement. The genocide amendment excludes the Uyghurs. Considering everything that has been said today, I really think that is a shameful way to deal with our international and national responsibility. It fundamentally sends a message that we have a two-tier system.

I was trying to explain this to my daughter this morning. It is as if the Government put together a call for evidence on violence against women and girls and said, “We’re not going to allow women and girls to give evidence.” Let me explain. The forced sterilisation of Uyghur women is at a rate that makes “The Handmaid’s Tale” seem like a fairy tale. There is a birth rate drop of 84%—a clear marker of genocide. We are saying to Uyghur women, “You don’t matter. Anyone else but you can present to the Select Committee.”

[Tim Loughton]

Not only does the Government’s legislation not cater for the Uyghurs at all, but this afternoon’s announcement, welcome though it was as an extra step, does not include Chen Quanguo. As my hon. Friend knows, he is the chief of the Communist party in Xinjiang. He is the author and architect of some of these genocidal activities and he needs to be held to account.

[Ms Ghani]

I thank my hon. Friend for that intervention. This is why it is so important that we back the genocide amendment and give teeth to all the statements made in the House.

--- Later in debate ---

[Ian Paisley (North Antrim) (DUP)]

rose—

[Tim Loughton]

rose—

[Sir Robert Neill]

I am sorry, but time presses. I have given way once, and, with respect, it would not be fair on other people.

I hope that, when the Minister responds to the debate, he will make it clear that the Government would facilitate the bringing forward of motions to enable the establishment of such a Joint Committee of both Houses and I hope very much then that Members of the other place with high judicial experience might well lend their expertise to that. The obvious precedent is the work of the Joint Committee on Human Rights, ably chaired by the right hon. and learned Member for Camberwell and Peckham (Ms Harman). Over the years, that has established a very high reputation for its rigour of scrutiny, the quality of its decision-making, and the respect in which it is held. It is inconceivable that such a Committee would be ignored by any Government on an issue as important and significant as potential genocide by a potential trading partner. I urge the Government to take that as the right way forward rather than falling yet again into the totally well-intended, but none the less undesirable, constitutional trap of this latest iteration.

Trade Bill

Tim Loughton Excerpts

Consideration of Lords amendments
Tuesday 9th February 2021 Commons Chamber

We absolutely agree with the Lords and with my right hon. Friend the Member for Chingford and Woodford Green that there should be a debate in Parliament on the issue of genocide relating to bilateral free trade agreements. Such a process is precisely what Lords amendment 3B envisages. However, the Government firmly believe that it is for Parliament, not the courts, to determine what Parliament debates. That is why the Government support the approach set out in the amendment tabled by the Chair of the Justice Committee and signed by the Secretary of State. It proposes that if a relevant Select Committee publishes a report stating that there exist credible reports of genocide occurring in the territory of a state with which we propose a bilateral FTA, the Government have a duty to act. First, we will respond in writing, setting out the Government position. If the Committee is dissatisfied with that, the Government will then make time for a debate and vote in the House of Commons on a substantive motion.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Will my right hon. Friend give way?

[Greg Hands]

I am going to make more progress—sorry, I will not give way further.

The wording of that substantive motion will be provided by the Committee. A similar process would ensue in the other place to take note of the report. The process that I have outlined would be triggered in each case by the publication of the Select Committee report.

--- Later in debate ---

[Sir Iain Duncan Smith]

Thank you, Mr Deputy Speaker. That is a very short time, so I will do my level best to get my three points across.

I just want to say something about the procedure today. Of course, we would not be sitting here if it was not in order for these proceedings, but there are different ways to be in order, and the reality of bundling together all these things into one motion—an amendment tabled by the Government—means that of course there is no way we will get to vote on the Lords amendment on genocide. I simply point out that fact. It reminds me that this little dispute is a little bit like the Handforth parish council one, and it is always a good idea to read the Standing Orders. I have read them, and they tell me what has happened: the Government have deliberately blocked this. I am sorry, but that is what this is. No point of order on that one; that is the reality. I simply say to my hon. Friends that I have been here long enough, and this is beneath them. I wish they had thought again, and I hope they do not try this one again.

I respect my right hon. Friend the Minister for Trade Policy enormously, as he knows, but I must pick up on a few points that he made, as I did table an amendment. First, he extols the virtues of the Government amendment and attacks the idea that the courts could make the judgment, as that would impinge on our position as a Parliament. Yet literally yesterday, in answer to a parliamentary question about whether genocide was a matter for the courts, the Foreign Office said:

“It is the policy of the UK Government that any judgment on whether genocide has occurred is a matter for competent courts rather than Governments or other non-judicial bodies.”

I ask my right hon. Friend: what is a Select Committee? Is it a judicial or a non-judicial body? If it is a non-judicial body, the Government amendment puts the power in the hands of a non-judicial body. What are we doing? We are running in circles just to avoid the reality.

My point is that we have been a little insulting about judges in the amendment that my right hon. Friend is talking about. I have my own differences with judges, but I remind the House that when we need an impartial taking of evidence and judgment—Savile, Grenfell, Hillsborough or any of the other cases—we turn not to Select Committees but to a judge. Why do we do that? First, because we assume that they are impartial and secondly, because they are trained to take and deal with evidence. We are not; we are partial—that is why we are here. We have Select Committees and we have prejudices, and that is the point.

[Tim Loughton]

Why does my right hon. Friend think that the Minister claims that a Select Committee, which already has the power to investigate all sorts of things in this House, is in some way superior to a judicial determination by a court? Only this week, Sir Geoffrey Nice, a distinguished QC who prosecuted Milošević, said that under the International Criminal Court Act 2001, UK courts are competent to prosecute the offence of genocide. The provision is there—we should surely be using it, not dismissing it.

[Sir Iain Duncan Smith]

That is why, I say gently to my right hon. Friend the Minister, in my amendment I deliberately locked in the idea that if the Government want to sift this by looking at Select Committees first, that is fine, but I think they should have the power to refer it to a court if the evidence is overwhelming and they want that final impartial judgment. However, he did not mention that at all.

I come back to amendment 3B. We bent over backwards to answer every single question that the Government laid on the last time we debated this. Under the amendment, the courts cannot strike down trade deals anymore. The Government set the terms of the referral and the level of evidence required to pass the barrier. All that is handed back to Ministers. All the court will do is decide on genocide, and then it is up to Ministers and Parliament to decide what to do. We do not even tell Ministers in this amendment that they should do anything other than at some point come back and ask Parliament. That seems completely reasonable and puts the power in the hands of Parliament.

We have a very limited amount of time, and I am very sad today that the Government have chosen not to allow us to vote on the amendment. I am not voting on my amendment either. I oppose the Government’s amendment because, as my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) suggested, I think it will lead to much more vexatious complaint and all sorts of human rights stuff piling through.

Today should have been a chance to stand tall—to send a signal to those without hope all over the world, whether the Uyghurs or the Rohingya. Instead of providing a beacon of light and hope, we have today gone into the dark corridors of procedural purdah. We need to emerge.

Oral Answers to Questions

Tim Loughton Excerpts

Thursday 14th March 2019 Commons Chamber

[Dr Fox]

We have looked widely at what other countries are doing, particularly when they have similar legislatures and legal systems, but what we have set out in the Command Paper is a bespoke arrangement for the United Kingdom. For example, our consultation period is longer than the European Union’s because we thought that it was right to have increased scrutiny in the UK. It is a UK policy, made for the UK.

[Tim Loughton (East Worthing and Shoreham) (Con)]

5. What plans he has to publish proposals on interim trade tariffs after the UK leaves the EU.

[The Minister for Trade Policy (George Hollingbery)]

The Government announced details of the temporary tariff yesterday in a written statement to the House. This is a balanced tariff policy that aims to minimise costs to businesses and mitigate price impacts on consumers, while also supporting UK producers as far as possible.

[Tim Loughton]

Now that the details have been published at last, I noticed that slippers are going to be charged at 17% less under these tariffs. Given the disorientation of some ministerial colleagues last night, perhaps a few might like to invest in a pair and retire early. On a more important point, can we get away from the obscene nonsense whereby, in the past, we have given international aid money to countries such as Ethiopia to encourage cocoa farmers to produce agricultural products—quite rightly—only for the EU obscenely to charge them tariffs of 30% when they try to sell the products of their hard labour back to us?

[George Hollingbery]

My hon. Friend is right. The temporary arrangements that we are putting in place recognise that there are developing countries that we have long supported and have agreements with, and which require tariff-free access to our markets to ensure that they can sustain themselves through trade. Sections within the proposal keep tariffs on certain lines to allow those countries preferential access to the UK market to their advantage.

EU Free Trade Agreements

Tim Loughton Excerpts

Thursday 24th January 2019 Commons Chamber

[George Hollingbery]

I want to be absolutely clear with the House that although it is possible to interpret my last answer as meaning that there has been absolutely no progress on the agreements, that would be an entirely, completely and utterly unfair interpretation of where we find ourselves. There are agreements that have had initialling; there are agreements that are very close to having initialling; and there are very many agreements that we believe will have a signature at the appropriate time. There is not an agreement that has had a formal signature yet, but to focus only on that is to misunderstand, or at least mispaint, how these agreements work. I have said to the House that we believe that we will transition the majority of the agreements by exit day, which necessarily means that they will have a signature, and I have every confidence that they will.

[Tim Loughton (East Worthing and Shoreham) (Con)]

To put this into perspective, is it not right that just five countries—Switzerland, Canada, Korea, Norway and Turkey—account for three quarters of UK exports to the 70 countries that the Minister mentioned? Does he agree that it is just a little tiresome that the Opposition are always revelling in highlighting problems and it might be more constructive if they wanted rather to help to work on some of the solutions?

[George Hollingbery]

My hon. Friend is correct in his analysis of the scale of these deals, and of course we are putting the most resource into the deals of the largest size. However, I want the House to be clear that we are also signatories to a great many development agreements—EPAs. While those agreements may not be of the greatest importance to the UK economically, they are enormously important to the participant countries with whom we have signed them, and we are putting effort into making sure that they are also transitioned.

Oral Answers to Questions

Tim Loughton Excerpts

Thursday 20th December 2018 Commons Chamber

[Graham Stuart]

Of course, it is important to remember that for Scotland, the rest of the United Kingdom is its largest marketplace by far. More than 60% of trade from Scotland goes to the rest of the United Kingdom, whereas just 17% goes to the entirety of the rest of the EU. I suggest that the hon. Gentleman lean on his Front Benchers and try to ensure that his party, as the other Opposition parties should do, joins the Government in getting a deal with the EU that makes sure that Scottish exporters and those in rest of the country can have the best deal possible.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Mr Speaker, I wish you a happy Christmas and a calmer recess.

I congratulate the three wise men on the Front Bench on the huge effort in exporting UK plc. However, it is my understanding that exports account for only about 30% of our GDP, compared with 47% in Germany. Where do they think the greatest opportunities are, within or outside Europe, to narrow that gap and export more to the rest of the world?

[Graham Stuart]

I thank my hon. Friend for that entirely useful question, which highlights the importance of increasing exports. As a percentage of GDP, our exports have been in the 20s seemingly for time immemorial. We have got the figure over 30% and we have set a target of reaching 35%. The whole country needs to engage in this more. We think that there are more companies that could export and do not than there are companies that can and do. That is why the Department has been set up and why are we are dedicated to trying to increase that percentage. We want to improve performance in all parts of the United Kingdom. For example, in Scotland, exports constitute just over 20% of GDP, whereas the figure is more than 30% in the United Kingdom overall.

Oral Answers to Questions

Tim Loughton Excerpts

Thursday 6th July 2017 Commons Chamber

[Guy Opperman]

With the greatest respect, 22 years ago, when neither the hon. Lady nor I was in the House, the Government introduced the Pensions Act 1995 to require equalisation. That was then overseen by various Governments, who provided extensive information in many different ways over the following years. The 2011 Act then accelerated the process by 18 months. Following that, 6 million letters were sent out to individual constituents. If the hon. Lady knows of any individual issues, I urge her to write to me and I will make sure that there is support for any specific constituent that she has.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I am afraid that the Minister, as he knows, was on a hiding to nothing in the packed debate in Westminster Hall yesterday, and although his offer to meet—[Interruption.]

[Mr Speaker]

Order. There is too much noise in the Chamber. Let us hear the hon. Gentleman.

[Tim Loughton]

Although the Minister’s offer to meet representatives from the all-party group was very welcome, as he has heard his promotion of apprenticeships for 64-year-olds was perhaps less wise. This is clearly a matter of injustice and inequality for a group of women who have been affected disproportionately, so may we please get everybody back around the table for genuine discussions about finding solutions that will not break the bank but will bring some justice and solutions to hard-pressed women who are suffering now?

[Guy Opperman]

I look forward to meeting the all-party group when it is reformed, but I make the point that revisiting the 1995 Act and the 2011 Act would cost well in excess of £30 billion, as my hon. Friend knows. However, I look forward to those meetings and discussions.

Oral Answers to Questions

Tim Loughton Excerpts

Thursday 9th February 2017 Commons Chamber

[Tracey Crouch]

I certainly join the hon. Gentleman in praising rugby league for all its efforts to make progress on this issue. Homophobia should not be allowed in sport. We share the same rugby league team, Leeds, and we wish them well this evening against St Helens.

[Tim Loughton (East Worthing and Shoreham) (Con)]

T4. English and Welsh wine is a great British quality success story and will be producing more than 12 million bottles by 2020. I know that the Secretary of State personally does her bit to boost wine consumption, but what is she doing to promote the use of English wine as standard in her Department and across Departments, and its tourist value in attracting visitors to our emerging wine regions?

[Tracey Crouch]

I have in my constituency Chapel Down, one of the finest English wines that we sell in this country. I am certainly very passionate about English wine, for all the right reasons, and we must ensure that it is a key part of the tourism offer.