Deregulation Bill
Debate between Tom Brake and Baroness Primarolo(9 years, 9 months ago)
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The Deputy Leader of the House of Commons (Tom Brake)
I beg to move, That this House disagrees with Lords amendment 38.
Madam Deputy Speaker
With this we may take Government amendments (a) and (b) in lieu.
Tom Brake
I want briefly to outline why the Government have introduced amendments in lieu of Lords amendment 38.
A television licence is required to watch all live or nearly live broadcast television content on any device in the UK. People should not seek to evade this and there needs to be an effective enforcement regime for the failure to have a TV licence.
Clause 76 imposes a duty on the Secretary of State to ensure that a review of the TV licensing enforcement regime is carried out. This review will identify whether the current enforcement regime is appropriate and proportionate, and will ensure that there is a strong, evidence-based case for any changes to the TV licence enforcement regime. This matters a great deal to many people.
The Government are very clear that the review of the licensing enforcement regime is a high priority. The decision was taken to commence this review in advance of Royal Assent, while retaining the clause that commits the Government to carry out the review to ensure that this important piece of work is completed. The review is being led, independently, by David Perry QC. The findings of the review, which will complete by the end of June 2015, will be laid in both Houses of Parliament and be presented to the BBC Trust.
The proposed further amendment requires the Secretary of State within three months of the review reporting to set out whether the Government intend to decriminalise or not, and commits the Government to indicate clearly the timetable they plan to follow upon the completion of the Perry review. Our overriding aim is to ensure that the system is appropriate, proportionate and fair, and represents the best value.
This amendment places a firm commitment on the Government of the day to promptly and properly consider the report and set out their response and the timetable of steps to be taken, within three months of the report’s completion. Clause 77 confers a new power on the Secretary of State, via secondary legislation, to change the sanctions that apply to the failure to have a TV licence. We have always maintained that the report’s findings, and potential next steps, should be considered in the context of charter review. This position has not changed.
The BBC’s current charter expires on 31 December 2016. The Government will not begin charter review until after the election and there is no set process for how the review of the charter should be conducted, or when. It will be for the Government of the day to take forward any further actions as they see fit.
We must not make presumptions about the recommendations that Mr Perry will make, nor about how the Government will decide to take them forward, particularly as the public consultation element of this work is ongoing. Clearly, any changes will require serious consideration in the broader context of the charter review process, and it will be for the next Government to ensure that the right enforcement regime for licence fee payers, the courts and indeed the BBC itself is in place.
Our amendment ensures that the next Government will be ready and able to implement whatever recommendations David Perry, QC wishes to make, when the Secretary of State’s regulation-making power commences in April 2017. There was significant cross-party support for the TV licensing clauses during our earlier consideration of this Bill in this House. The firm commitments set out by the Government at that time must be honoured, particularly given that strong, cross-party support. Our amendments ensure that David Perry’s review will be promptly considered by the Government of the day, and that any potential changes are introduced to a clear timetable, leading up to 1 April 2017. For all the reasons I have outlined, I ask hon. Members to disagree with the Lords amendment and support our amendments in lieu.
Madam Deputy Speaker (Dame Dawn Primarolo)
With this it will be convenient to discuss the following:
Lords amendments 2 to 17.
Lords amendment 18, and amendments (a) to (g) thereto.
Lords amendment 19, and amendments (b), (e), (c) and (d) thereto.
Lords amendment 20.
Lords amendment 21, and amendment (a) thereto.
Lords amendments 22 to 25.
Lords amendment 26, and amendments (a) and (b) thereto.
Lords amendment 27, and amendments (a) to (k) thereto.
Lords amendments 28 to 37 and 39 to 123.
Tom Brake
It seems a long time since I was sitting opposite the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) debating the Deregulation Bill, but we are back here today. The Government support Lords amendments 1 to 37 and 39 to 123. I will also be speaking to amendments tabled by hon. Members to Lords amendments 19, 21, 26 and 27, which the Government will not be supporting for reasons that I will set out shortly.
Lords amendments 1 and 2 relate to health and safety and the self-employed. Lords amendment 1 addresses concerns raised during the public consultation on draft regulations conducted by the Health and Safety Executive during July and August 2014. Concerns were expressed that the regulations as drafted could lead to some self-employed persons who do pose a risk to the health and safety of others falling exempt from the law. Amendment 1 sets out the ways in which undertakings may be described in regulations made under section 3(2) of the Health and Safety at Work etc. Act 1974 to retain duties on self-employed persons. Subsection (2A)(a) provided for regulations to include descriptions of activities carried out by an undertaking where the duty on the self-employed would remain in place, essentially providing for a list of high-risk activities. Importantly, subsection (2A)(b) ensures that the regulations can also include a general description covering any undertaking the conduct of which may expose others to risks to their health and safety. The amendment means that the provision in the Bill aligns more with Professor Ragnar Löfstedt’s recommendation. The HSE will produce guidance targeted at self-employed persons and others to assist with their understanding of the amendment.
Lords amendment 2 takes into account a recommendation of the Delegated Powers and Regulatory Reform Committee to change the parliamentary procedure for these regulations from negative to affirmative. This will allow Parliament fully to scrutinise the regulations.
Lords amendment 3 removes a measure that would have had the effect of allowing private hire vehicles to be used for leisure purposes when they were not being used for private hire purposes. After listening to concerns about this proposal during the Bill’s passage, the Government have decided that the best course of action is for this measure to be considered as part of the package of measures recommended by the Law Commission to reform taxi and private hire vehicle licensing.
Lords amendments 5 to 17 seek to provide clarification and certainty in relation to the tenancy deposit protection legislation in response to recent court cases. The amendments address two issues. First, they make it clear that, where appropriate, a letting agent’s contact details, instead of the landlord’s, may be provided to a tenant. That was always the intention of the original framework, and thus the measure has been made to apply retrospectively. However, to ensure fairness, provision is also being made to prevent the reopening of out-of-court settlements or court cases that had been finally determined on this basis.
The second issue, which was raised by the recent Court of Appeal judgment in Charalambous v. Ng 2014, concerns tenancy deposits. The Court ruled that the tenancy deposit legislation should apply to landlords who received a tenancy deposit before the coming into force of the tenancy deposit legislation in 2007, and that they would therefore need to protect deposits if they wished to rely on the “no fault” ground for eviction, known as section 21. This was never the Government’s intention. Our amendments therefore make it absolutely clear that, although landlords affected by the judgment will need to protect deposits if they wish to rely on section 21, they will not be at risk of financial penalty should they fail to do so.
Lords amendments 18 to 26 protect tenants in the private rented sector from being evicted where they have raised a legitimate complaint about the condition of their home, and make the eviction process more straightforward in appropriate cases. They also ensure that tenants are aware of their rights and responsibilities and those of the landlord. The hon. Member for Shipley (Philip Davies) has tabled amendments to these amendments, and I will come to those shortly. The effect of the Government’s amendments is that landlords in the private rented sector will not be able to evict a tenant merely because the tenant has asked them to carry out a repair, provided that the local authority has confirmed that such a repair is necessary to prevent a potential risk to the tenant’s health and safety. They ensure that tenants are always given at least two months’ notice before they have to move out of their home and make the eviction process more straightforward for landlords in situations where the tenant should be evicted.
The amendments enable the Secretary of State to make regulations specifying the information to be contained in any eviction notice served under section 21 of the Housing Act 1988, and provide that an eviction notice cannot be served where a landlord has failed to comply with their existing legal obligations relating to the condition of the property, the health and safety of their tenants, or the energy performance of the property. They also require landlords to provide information to their tenants about their rights and responsibilities.
As many Members will know, these amendments started as a private Member’s Bill in the name of my hon. Friend the Member for Brent Central (Sarah Teather), whom I thank for all her work in bringing this to the attention of the House. I also thank the Secretary of State for Business, Innovation and Skills; the Minister for Employment; and the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Bristol West (Stephen Williams). Shelter and Citizens Advice have also been heavily involved in this process.
Retaliatory eviction is wrong, and its continued practice is unacceptable. No tenant should face eviction because they have made a legitimate complaint to the landlord about the condition of their home, and no decent landlord would engage in the practice. However, a small number of rogue and unscrupulous landlords think it is perfectly acceptable to evict a tenant for requesting a repair. These important amendments introduce protection for tenants against rogue and unscrupulous landlords, but they also contain provisions that will benefit landlords and make it more straightforward to evict tenants in legitimate circumstances.
On the amendments tabled by the hon. Member for Shipley, I understand the intention behind some of them. However, I assure him that Lords amendments 18 to 26 ensure that all landlords are still entitled to their rights under section 8 of the Housing Act 1988, which enables them to evict a tenant who does not pay rent, goes to prison, or uses the house for illegal purposes. Our fundamental aim is to prevent a very small minority of rogue landlords from evicting tenants in retaliation for raising a legitimate complaint. Part of his proposals would undermine this effort.
Deregulation Bill
Debate between Tom Brake and Baroness Primarolo(10 years, 7 months ago)
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The Deputy Leader of the House of Commons (Tom Brake)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Dawn Primarolo)
With this it will be convenient to discuss the following:
Amendment (a) to new clause 1, after subsection (4) at end insert—
‘(4A) The Secretary of State shall, within six months of this section coming into force, lay a Report before both Houses of Parliament setting out—
(a) what information has been shared or is intended to be shared by virtue of this section,
(b) by what process the Commissioners and Secretary of State agreed on the information to be shared,
(c) which departments and agencies will have access to that information and for what purpose,
(d) whether some or all of that information was shared or will be shared in anonymised form,
(e) whether that information included or will include—
(i) confidential information, or
(ii) personal data (including sensitive personal data) as defined in the Data Protection Act 1998, and
(f) how the provisions of this section fit with the Government’s data sharing strategy.’.
Government amendments 5 to 9, 74, 10 and 11, 27 to 35, 55 and 56.
Tom Brake
New clause 1 provides for an information-sharing gateway between Her Majesty’s Revenue and Customs and the Secretary of State to support the new apprenticeship funding arrangements. The gateway was previously contained within clause 4 of the Bill, and new clause 1 allows it to operate independently from the arrangements in clause 4. As I set out in Committee, routing funding through employers will mean that the Secretary of State will make arrangements with HMRC, and regulations will set out how the administration of the scheme would operate. The Government published a technical consultation on apprenticeship funding reform in March, which sought views on two payment mechanisms: PAYE—pay-as-you-earn; and an apprenticeship credit. The consultation closed on 1 May. We are analysing the responses and expect to announce our next steps later this year.
Clause 4 provides for the use of HMRC systems to administer the apprenticeship payments, but we must also provide for appropriate information flows. The use of HMRC systems means that information will need to be shared between HMRC and the Secretary of State for the purposes of administering the payments. New clause 1 provides for the disclosure of information between HMRC and the Secretary of State or persons providing services on behalf of the Secretary of State in connection with approved English apprenticeships.
The new clause also allows the information-sharing gateway to operate independently of arrangements in clause 4. That will allow flexibility, should it be needed, in any future arrangements. As new clause 1 sets out, information can be shared only provided it is in connection with approved English apprenticeships. The routing of apprenticeship funding to employers will mean that the Government will need to have the facility to check an employer’s credentials. For example, the Government will want to know that the person they are paying is who they say they are, and the new clause will allow the Government to cross-check information with HMRC data.
New clause 1 is a sensible way to validate employer and apprentice data, potentially minimising the burdens on employers and helping to reduce the potential for fraud. As is normal in relation to HMRC information, the information-sharing gateway is provided for in primary legislation and ensures that taxpayers’ information is safeguarded, with a criminal sanction protecting against unlawful disclosure of identifying information. Amendments 10 and 11 are consequential on the new clause, and would leave out the information-sharing gateway provisions in clause 4.
The Opposition’s amendment (a) to new clause 1 seeks a reporting requirement in connection with the new information-sharing gateway that the Government are introducing in the new clause. To direct apprenticeship funding via employers securely and in a way that safeguards public funds, government must be able to verify an employer’s identity and credentials. New clause 1 will allow the Government to do that by providing for an information-sharing gateway between HMRC and the Secretary of State, so that information already held by government can be used to validate payments without placing additional reporting burdens on employers—the Government want to avoid that. Subject to the detailed design and operation of the payment system, which is still to be confirmed following the recent consultation, examples of the types of data that may need to be shared in order to validate payments and manage the risk of fraud include: employers’ PAYE references; apprentices’ national insurance numbers; and details of the amounts that have been paid.
The Opposition amendment is not necessary. Many hon. Members will be aware that information sharing within government is quite normal, provided there are sufficient safeguards. The House will note that the new clause only allows HMRC to share information for the purposes of the Secretary of State’s functions in relation to approved English apprenticeships. HMRC can disclose information only to the Secretary of State or a person providing services on behalf of the Secretary of State—not to anyone else. The Secretary of State, or his service provider, can only disclose information to HMRC to request information from it or for the purposes of arrangements for the administration of apprenticeship payments made under clause 4.
House of Commons Business
Debate between Tom Brake and Baroness Primarolo(10 years, 7 months ago)
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Tom Brake
The difficulty with that is that it would effectively create two classes of Members—one required to provide more and another required to provide less notice. That presents problems.
I thought that the hon. Gentleman was going to intervene about the couple of other points that were raised while I was temporarily out of the Chamber. He will be pleased to know that I got inspiration even while not within these Chamber walls. On defamation, the shadow Leader of the House called on the Government to support an amendment to the Deregulation Bill to repeal section 13 of the Defamation Act 1996. The Government have previously made it clear that they support the repeal and will act when a legislative opportunity arises. I am pleased to say that one such opportunity will arise next week.
The shadow Deputy Leader of the House made a point about e-petitions and privilege. That is a matter that the Procedure Committee could consider. There may be implications depending on the decisions reached—for example, on whether a petitions Committee considers all petitions, potentially accepting them as evidence. Once the system is designed, clarity on that will be important.
We have had a focused and concise debate on these House issues, and I hope that we are now in a position to move forward.
Madam Deputy Speaker (Dawn Primarolo)
Mr Allen, do you want to move your motion formally?
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Tom Brake and Baroness Primarolo(11 years, 3 months ago)
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The Second Deputy Chairman of Ways and Means (Dawn Primarolo)
Order. Before I call the Minister, I thank hon. Members for assisting in ensuring that we can hear the Minister reply to the debate before the votes.
Tom Brake
Thank you for assisting with that, Ms Primarolo.
I suspect that the plaudits—admittedly some were lukewarm—the Government Front Benchers received for shifting the ground on clause 26 will not be repeated in relation to clause 27. This is perhaps not the occasion to ask the hon. Member for North East Somerset (Jacob Rees-Mogg) to explain how it is that someone who went campaigning with his nanny has become such a fervent critic of the nanny state. We may have to delay that clarification.
Amendment of the Law
Debate between Tom Brake and Baroness Primarolo(12 years, 9 months ago)
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Madam Deputy Speaker (Dawn Primarolo)
Order. The right hon. Gentleman will not shout across the Chamber at somebody who is speaking. If he wishes to intervene, he should do it in the normal way. That applies to all hon. Members.
Border Checks Summer 2011
Debate between Tom Brake and Baroness Primarolo(13 years, 1 month ago)
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Madam Deputy Speaker (Dawn Primarolo)
Order. Members must stop shouting at each other across the Chamber. Points can be made in debate, but they must not be made by Members screaming at each other while another Member is trying to make a speech.
Tom Brake
Thank you, Madam Deputy Speaker. I was saying that if we look back on the catalogue of disasters under the last Labour Government, we can see why we did not support the right hon. Gentleman’s proposals.
I welcome the pilot and the emphasis on intelligence-led checks on very high-risk passengers and journeys. That has clearly had a very positive impact, as is shown by the preliminary results, such as the 10% increase in respect of illegal immigrants and, as we heard from the Prime Minister, the 100% increase in firearms seizures. I also welcome the reviews that have been launched into what has happened over the past few days and the review of the pilot. I particularly welcome the fact that on Monday the Home Secretary confirmed that she would be happy for John Vine to look at every aspect of this episode, including the ministerial decisions that were taken. However, I would just gently point out that that is not included in his terms of reference, but the fact that the Home Secretary put it on the record earlier this week confirms that he has that remit.
If we are serious—as I think Members on both sides of the House are—about improving security at our borders, one aspect that we could usefully address is the progress being made in respect of the border police command in the National Crime Agency. In the long term, that will clearly have a very positive impact on the security of our borders. An update on the progress being made in establishing that body would have been useful, and perhaps the Minister will give us that information in his winding-up speech. We would like to know, for instance, what progress is being made in drawing up the comprehensive cross-agency assessment of the threat posed to border security by organised crime; that is a key aspect of the border policing command responsibilities. I would also like the Minister to say whether the reviews that have been launched will have any impact on the business plan that is being drawn up, particularly as it relates to developing the smart zone concept for processing pre-checked low-risk passengers through border controls. Might these reviews have an impact beyond the topics under immediate scrutiny, which concern all hon. Members?
I know that many other Members want to speak, so I shall conclude by saying that what the events of the last three or four days have underlined is that in 13 years the previous Government did not reform a Department that was deemed to be not fit for purpose, and that the coalition Government have not completed the reform yet either, but we are committed to doing that and we will achieve it in this Parliament.