Withdrawal Agreement: Proposed Changes

Debate between Tom Brake and James Duddridge

Monday 7th October 2019 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

Can the Minister confirm whether he has seen the most recent legal document and read it, and say whether it confirms when a data adequacy agreement between the UK and the EU will be agreed? Without one—whether it is deal or no deal—very little is likely to be crossing any border.

[James Duddridge]

I see all the papers I need to, but I will not go through them, on a paper by paper basis, saying which version I have seen and when I have seen it. I simply will not do that; it is not helpful to the Government process.

Irish Border: Customs Arrangements

Debate between Tom Brake and James Duddridge

Tuesday 1st October 2019 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

On the “Today” programme this morning, the Prime Minister said that he would like to “veil” the Government’s proposals on the Irish border in “decent obscurity”? Can the Minister explain how individuals and businesses are supposed to prepare for Brexit if it is veiled in decent obscurity? For clarification, could he say how much he expects these proposals will cost small and medium-sized enterprises in Northern Ireland and how many of those businesses he expects to fail as a result of the Government’s proposals? Will he finally admit that there is no version of Brexit that works for Northern Ireland?

[James Duddridge]

The point of the business consultative group that met in Belfast a few weeks ago was to share ideas in confidence so that the UK Government could develop their position and feed that into the consultative papers, so there is structurally a process in place to involve businesses. Under the terms of reference, that is purely to look at deal relationships. In many ways, deal and no deal could be similar in terms of the crossover of systems that could be used, but those discussions are very much ongoing.

Compliance with the European Union (Withdrawal) (No. 2) Act 2019

Debate between Tom Brake and James Duddridge

Thursday 26th September 2019 Commons Chamber

[James Duddridge]

There was a big shift in the negotiations when the Prime Minister met Macron and Merkel, and that has really opened up the dialogue with the Prime Minister’s sherpa, who has been travelling twice, then three times a week, including to meetings at the United Nations General Assembly and several other forums. That activity has potentially slowed as a result of the House of Commons position. What the House of Commons has done makes a deal more difficult, and no deal, which is not what we want, more likely.

[Tom Brake (Carshalton and Wallington) (LD)]

If the Prime Minister fails to secure a deal by 19 October and refuses to send the letter, as he is required to do by law, does he intend to resign or stand down temporarily and let someone else in the Government sign the letter for him?

[James Duddridge]

The Prime Minister will obey the law.

Overseas Territories Joint Ministerial Council

Debate between Tom Brake and James Duddridge

Thursday 3rd December 2015 Commons Chamber

[James Duddridge]

To clarify, Mr Speaker was talking about my hon. Friend the Member for Ribble Valley (Mr Evans), rather than me.

I certainly support the moves that my hon. Friend describes. This is not just an issue of equality. A number of the territories are incredibly beautiful places and a lot of money comes into them through tourism. Even more money could come in through tourism. There needs to be greater diversity of income and a move away from financial services. Attracting everybody, regardless of their sexuality, is good for business, as well as being the right thing to do.

[Tom Brake (Carshalton and Wallington) (LD)]

The UK Government have made a commitment to consult on the best way to stop the UK property market becoming a safe haven for corrupt money. Has that been discussed with the overseas territories, and what progress is being made on it?

[James Duddridge]

That matter has been discussed. We discussed specific examples of individuals arrested in the United Kingdom. When we have looked at their assets, we have found that they were renting property, but that, on closer examination, they owned the property through offshore companies. We want to open up beneficial ownership so that we can interrogate the actual position and seize assets in a timely manner. In a number of cases, assets can be sold or transferred quite quickly, so that they are out of the reach and jurisdiction of the UK Government. One reason we place so much emphasis on financial services transparency is so that our law enforcement agencies can get their hands on assets as quickly as possible before they are moved somewhere else around the world.

Burma

Debate between Tom Brake and James Duddridge

Thursday 5th November 2015 Commons Chamber

[James Duddridge]

I thank my hon. Friend for welcoming me back to the House; I do not think I had the courtesy to welcome him to the Commons, but it is a pleasure to do so now. After hearing about his social media experience in relation to Burma, when I leave the Chamber I am immediately going to tweet a copy of my speech. It is clear that social media are picked up differently: people are not poring over their copy of Hansard, which might have been sent to them several days later, as some hon. Members might recall from their youth; social media allow people to access information speedily. I look forward to my hon. Friend re-tweeting me.

[Tom Brake (Carshalton and Wallington) (LD)]

I wish the Minister well in getting 147,000 views for his speech! More seriously, he may want to respond now or perhaps in writing. In relation to the UN Human Rights Council universal periodic review recommendations, will he advise us what progress, if any, has been made on ensuring the independence of the judiciary; prohibiting the use of torture; ensuring that clear information is provided about the arrest and charging of political detainees; and ensuring that they have access to legal representation?

[James Duddridge]

I am more than happy to raise these issues with the UN special rapporteur—I understand it is not the only forum through which they can be raised—and will update the right hon. Gentleman on the success of that lobbying. As was pointed out earlier, this is a multi-pronged attack to try to improve the situation in Burma, and engagement with the UN is an important part of that.

Deregulation Bill

Debate between Tom Brake and James Duddridge

Monday 23rd June 2014 Commons Chamber

[Tom Brake]

I am afraid that I do not have figures to hand on accidents relating to trams in England and Wales, but I will write to my right hon. Friend on that subject. I assume that any investigation of an accident would assess its causes—for instance, if it involved a vehicle driving on to the tramlines—and would make recommendations about how to deal with such issues.

Government new clause 25 relates to changes in the use of CCTV for issuing parking tickets by post. The Government are concerned that the use of CCTV for on-street parking is no longer proportionate, and that local councils over-employ it to deal with contraventions when it would be more appropriate and fair for such contraventions to be handled by a civil enforcement officer. We have therefore committed ourselves to ban the use of CCTV for on-street parking enforcement. That was announced in September and re-stated in December 2013 as part of a package of measures designed to support high streets.

Under existing measures, when a CCTV camera is used by a civil enforcement officer to identify a parking offence, a penalty charge notice can be issued to the offender by post. In practice, that means that drivers may receive a parking ticket through the post several weeks after an incident, which makes it difficult to challenge the alleged contravention.

The Government are concerned that a proliferation of CCTV cameras for offences such as parking may undermine public acceptance of their wider beneficial use. To introduce the change, we need to amend legislation to prevent local authorities from relying so heavily on CCTV for parking enforcement.

[James Duddridge (Rochford and Southend East) (Con)]

The right hon. Gentleman has made it clear that the new clause relates to parking, but will he confirm that CCTV cameras can still be used for issuing fines via the post for other offences, such as parking on zig-zag lines in front of schools?

[Tom Brake]

I will come on to that point in a few moments.

New clause 25 will amend part 6 of the Traffic Management Act 2004 to prevent the automatic issuing by post of fines for parking offences, and instead require that notification of penalty charges is given by a notice attached to the vehicle.

The new clause includes a wider power to cater for an outright ban on CCTV if that is considered necessary in future. However, the Government intend to protect the use of CCTV cameras where there is a strong safety argument for doing so. Their use will therefore be banned in all but the following limited circumstances: when stopped in restricted areas outside a school; when stopped where prohibited on a red route or clearway; when parked where prohibited in a bus lane; or when stopped on a restricted bus stop or stand.

--- Later in debate ---

[James Duddridge]

Before the Minister moves on, will he confirm when the power will come into effect, and what will happen to councils that perhaps have a longer-term contract with a provider that falls outside the period?

[Tom Brake]

I thank my hon. Friend for that intervention. It is a very good point, which I think it would be more appropriate to respond to in writing. Clearly, there may well be contractual issues. If local authorities have entered into contracts for, say, a five-year period, there may be implications, so rather than giving him an off-the-cuff response, I will write to him on that point.

Amendment 61 would remove from the Bill the three clauses that relate to taxis and private hire vehicles. That is not a course of action that the Government intend to adopt. On the contrary, we consider that the taxi and private hire vehicle clauses will have significant benefits, both in terms of cost savings for the trade and convenience for passengers, and we are determined to see those benefits realised.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Tom Brake and James Duddridge

Wednesday 9th October 2013 Commons Chamber

[Tom Brake]

I thank my hon. Friend for his intervention. My issue with his concern is that that terminology is used in PPERA, which has been around for 13 years. One would therefore have expected such concerns to have emerged in the past 13 years, and seeing as they have not, I am reasonably confident that they will not emerge by 2015 either.

[James Duddridge (Rochford and Southend East) (Con)]

I welcome the fact that the Government are in listening mode on these issues. Given that Government Members often accuse Labour Members of listening too much to trade unions, I was particularly interested to hear that the Deputy Leader of the House and the Department have been listening to the TUC with regard to the annual conference, so perhaps they are not exempt from lobbying by the unions. The issue of the annual conference is obviously one for the main political parties and some of the minor political parties plus the TUC. Is there a list of defined organisations for these annual conferences?

[Tom Brake]

I am not aware of a list of defined organisations. If hon. Members look at the list of third-party organisations that registered in 2010 and 2005 they might be able to draw some conclusions about which annual conferences I have in mind.

As I have said, the Government believe that the amendments provide the clarity and reassurance that charities, voluntary organisations and the Electoral Commission have sought. We are aware that campaigners will want to understand how to comply with the provisions of the regulatory regime as amended by the Bill. Just as it has for previous elections, the independent regulator, the Electoral Commission, will develop and produce guidance to inform campaigners what expenditure it is likely to consider to be regulated or not regulated. The Government stand ready to support this work.

Amendment 101, tabled by the hon. Member for Nottingham North (Mr Allen), seeks, along broadly similar lines to Government amendment 32, to revise the definition of “for election purposes” to be activity which can reasonably be regarded as promoting or procuring the success of a party or candidate. However, the amendment would also introduce a new primary purpose test, which the Government cannot support. Such a test would be likely to create greater regulatory uncertainty and an obvious avenue for avoidance activity that could fatally undermine these rules, which are supported in principle by the hon. Gentleman’s party.

The concerns of campaigners and the Electoral Commission on the introduction of the draft Bill was that the revised language was untested and caused uncertainty. Our purpose in reverting to the original PPERA test is to address those concerns by reintroducing a test with which the commission and campaigners are familiar, and on which the commission has existing guidance and experience. Introducing a new and untested primary purpose test would completely undermine those benefits. Rather than having the clear test of whether the expenditure can be reasonably regarded as intended to promote electoral success there would be two tests: can it be so regarded and is it also the primary purpose? The opportunity for uncertainty and legal challenge would only be increased by the following questions. What is the primary purpose of your campaign? Is it to promote the issue or to promote those who support your issue? That is an additional test which does nothing to provide the clarity that campaigners say they want.

Perhaps more damaging is the opportunity for avoidance. The primary purpose of an environmental organisation’s advertising campaign might be claimed to be to recruit new members and encourage donations, but it might also urge support for its preferred party. It may be said that the primary purpose is to protect animal welfare, but that may be done only by encouraging support for particular candidates. Those are activities that are and ought to be regulated. The primary purpose test would drive a coach and horses through the legislation. Groups carrying out these activities have previously undertaken campaigning as recognised third parties, which is perfectly appropriate: they can campaign without restrictions. Under the hon. Gentleman’s amendment, however, all could be potentially excluded from registration. The Government have responded to concerns from the Electoral Commission and other groups that the test for controlled expenditure needs to be clear. The amendment would introduce unwanted uncertainty for campaigners.

The amendment would also create a loophole in the law that third parties could use as an avenue for avoidance and that would undermine the regulatory regime. That is not just my or the Government’s view. The Electoral Commission has expressed concerns that the amendment would introduce a new subjective element test which could lead to significant regulatory difficulty. It has also stated that it does not support an exemption for charities from these rules. I urge the hon. Gentleman not to press his amendment.