Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Tom Brake and Christopher Chope(11 years, 1 month ago)
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Tom Brake
No. The hon. Lady paraphrases me incorrectly. That is not what I said. I said that we would listen to the views, but at the same time we are working to a timetable. The sooner those views are available the better, and the sooner there will be an opportunity for them to be considered.
Amendment 65 would amend clause 41 in order to prevent part 2 from coming into force until a Committee of either House has undertaken an inquiry and published a report on the impact of the Bill. As drafted, however, the amendment does not in fact require an inquiry to take place—it merely assumes that one might. The amendment’s effectiveness is therefore limited, as in the absence of any inquiry part 2 will come into force regardless. I once more reiterate my earlier comments: the Government have already published an impact assessment to accompany the Bill. That assessment considers the impact on both the Electoral Commission and third parties, and is thorough.
Amendments 66, 4, 5 and 6, to which my hon. Friend the Member for Christchurch (Mr Chope) spoke, would amend clause 41 so that the entire provisions of part 2 came into force on Royal Assent, subject of course to the transitional provision in clause 42. It is more appropriate—this is the response to the query he raised—for certain provisions, namely clauses 30, 31, 34 and 35, to be commenced at a date appointed by the Secretary of State, rather than on Royal Assent. That is normal practice. The purpose is to allow preparations to take place and the people involved to be brought up to speed on those aspects of the law, rather than forcing adoption on the day of Royal Assent.
Mr Chope
The right hon. Gentleman says that it is important that people should be able to get up to speed, but many of the Bill’s provisions will take effect on the day of Royal Assent. How is it that people will be able to get up to speed on those provisions in time but not on this provision?
Tom Brake
Clearly the Government have made an assessment of the areas where it is possible to prepare in time for Royal Assent and those where it is not, which I think is reflected in the clauses to which I have just referred.
Clauses 30, 31, 34 and 35 do not have a direct effect on the regulated period of the other provisions in part 2, which are affected by the transitional provision. It is more appropriate for clauses 30, 31, 34 and 35 to be subject to commencement by order in the usual way. Amendment 67 takes the opposite approach and appears to intend that, subject to amendment 66, which we have just discussed, all of part 2 but clauses 30, 31, 34 and 35 would not come into force on Royal Assent. However, its effect would in fact be the contrary. In the absence of any considered commencement and transitional provision, all of part 2 would come into force on Royal Assent. I suspect that that is not the intention, but it would be the effect.
In relation to amendments 10, 11 and 12, tabled and spoken to by my hon. Friend the Member for Christchurch, it appears that he is seeking to delay the Act’s measures, rather than to have them swiftly implemented. He has already tabled amendments 4, 5 and 6 to clause 41 so that all of part 2 would come into force at the same time and then become subject to the transitional provisions of clause 42. I know that he was seeking to bring clarity, but the effect of amendments 10, 11 and 12, together with amendments 4, 5 and 6, is that the measures in part 2 would not come into effect before the 2015 general election. Amendments 10, 11 and 12 would remove the transitional provision of clause 42 altogether, with the result that the part 2 provisions would come into effect only at the commencement of the next regulated period after Royal Assent, which is unlikely to be the regulated period for the 2015 general election. The Government are committed to enhancing the transparency of spending by third parties, and that includes enacting the measures within part 2 in time for the regulated period of the 2015 general election. I therefore do not consider it appropriate to delay their implementation until after the 2015 general election.
Mr Chope
Going back to the point about people needing to be given time to get up to speed, if clause 30 was brought in immediately on Royal Assent, it would state:
“The Secretary of State may by order vary any percentage for the time being specified”.
What is the point of not bringing that into effect on Royal Assent, because the only impact of doing so would be to give the Secretary of State the power to bring it in? Does the Secretary of State need to be brought up to speed?
Tom Brake
That is a challenging question, so I might need to get back to my hon. Friend shortly on it. I think that the whole issue of percentages is one that might require a response from others and measures to address it. I have heard his query and will ensure that he gets a specific response.
Local Government Ombudsman (Amendment) Bill
Debate between Tom Brake and Christopher Chope
Mr Christopher Chope (Christchurch) (Con)
I beg to move, That the Bill be now read a Second time.
This important Bill would extend the powers of the local government ombudsman to provide redress against local authorities that unreasonably ban events on the grounds of health and safety. The inspiration for the Bill comes from none other than Lord Young, whose commendable report to the Government on these issues last autumn resulted in a number of Government commitments. The Prime Minister wrote a foreword to the report stating that the Government agreed with all its recommendations and were keen to see them implemented. One of the recommendations that strikes a chord with people up and down the country—and certainly with hard-working voluntary organisations and charities—relates to local authority interference in charitable and other public activities based on arguments about health and safety.
As a suitable curtain-raiser for my Bill, and with wonderful timing, the edition of the New Milton Advertiser and Lymington Times published on Saturday 12 March carried the headline “‘Crazy’ safety rules ban running in pancake races”. The article went on to explain:
“‘Ludicrous’ health and safety rules have been panned for stopping competitors running along Beaulieu High Street in the traditional village pancake races. The annual event was flipped upside down as children and adults—including firefighters—were forbidden from going faster than walking pace on Tuesday afternoon. They were permitted to toss their pancakes.”
That was one thing that the health and safety people did not interfere with. The report went on:
“One eager youngster was even disqualified for infringing the ‘over-zealous’ rules by breaking into a run to cross the finishing line first. The road was closed to traffic and although the running ban was imposed to protect children, it was extended to adult races for the sake of ‘consistency’”.
Needless to say, my hon. Friend the Member for New Forest East (Dr Lewis), who was not in Lymington at the time, made some very robust comments that were communicated to the local paper. Who would stand up and justify such a ludicrous state of affairs?
Tom Brake
I am not going to do that, but I am going to ask my hon. Friend whether he has checked the veracity of that report. He will recall that a story went round the world about a head teacher who had banned children from taking part in conker competitions unless they were wearing goggles. It transpired that that had actually been a joke by the head teacher, and that it had turned into a “true story”, even though it was nothing of the sort.
Mr Chope
I am sure that this story is correct. The reports in the New Milton Advertiser and Lymington Times have a reputation locally for always being very accurate. Its editor, Charles Curry MBE, is over 90. I think he is one of the oldest newspaper editors in the country and I know he is conscientious in ensuring that everything that appears in the paper is fully in accordance with the truth.
United Kingdom Parliamentary Sovereignty Bill
Debate between Tom Brake and Christopher Chope(13 years, 8 months ago)
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Tom Brake (Carshalton and Wallington) (LD)
Does the hon. Gentleman agree that it is possible for a 21-year-old woman to have an appalling driving record and for a 21-year-old man to have an exemplary driving record, and therefore that their insurance premiums should be based on their driving habits?
Mr Chope
My view is that such issues should be sorted out in the marketplace by the people who provide driving insurance. If an insurance company takes that line—I am sure that some do—why can it not be given the freedom to do what it wants in the marketplace? It is absolutely outrageous that a foreign court and not even a British one should try to dictate to us how our insurance industry, which I think is the best globally, should respond to particular risks.
I note that the hon. Gentleman thinks that that is a good thing, which is in tune with the big advertisement from the Alliance of Liberals and Democrats in Europe that appears on the back page of the newspaper to which I referred. The advert says how important it is for more power to be taken away from parliamentarians and given to the European Commission and states:
“Europe needs a community not a pact”.
It goes on about how important it is for member states to
“act in unison under the leadership and direction of the European Commission”,
that there is every evidence that an intergovernmental approach does not work and that the community method is much better. I give full marks to the hon. Gentleman; he is fully in tune with the thinking of European Union Liberal Democrats, but I must tell him that I am fully opposed to all that.