:00:07. > :00:13.Good morning and welcome to BBC Parliament's live coverage of the
:00:14. > :00:17.Commons. In an hour, an urgent question is being axed by the Shadow
:00:18. > :00:22.Health Secretary about the death from sepsis of the 12-month-old
:00:23. > :00:26.Cornwall boy, William Mead. A report said he might have lived if NHS call
:00:27. > :00:31.handlers had realised the seriousness of this condition. The
:00:32. > :00:37.main business is the debate on the details of the charity's protection
:00:38. > :00:41.and social investment bill. This gives England and Wales powers to
:00:42. > :00:47.close down unfit charities. Don't forget to join me for a round-up of
:00:48. > :00:53.the day in both Houses of Parliament at 11pm tonight. First, questions to
:00:54. > :00:58.the Justice Secretary, Michael Gove, and his ministerial. First question
:00:59. > :01:10.concerns the autonomy of prison governors.
:01:11. > :01:23.Order, order. Questions to the Secretary of State for Justice. Our
:01:24. > :01:27.prison systems need reform and we need to give governors greater
:01:28. > :01:34.freedoms to innovate to find better ways of rehabilitating offenders. In
:01:35. > :01:38.December, the outgoing Chief Inspector of prisons said he was
:01:39. > :01:44.concerned about Islamic extremism in prisons. Some prisons, including one
:01:45. > :01:49.in my constituency, the Muslim population is 40% of inmates. What
:01:50. > :01:56.additional powers or is about is the Government giving to tackle
:01:57. > :01:59.extremism? Radicalisation in prison is a genuine danger not just in
:02:00. > :02:04.England but across the European Union. That is why we have charged a
:02:05. > :02:07.former prison governor with reviewing how we handle not just the
:02:08. > :02:14.security concerns but also the dangerous spread of peer-to-peer
:02:15. > :02:18.radicalisation in our organisations. In appointing a new Chief Executive
:02:19. > :02:30.to follow in the work of Nick artwork, Peter Clark goes very much
:02:31. > :02:35.in his favour. I welcome the steps being taken to tackle radicalisation
:02:36. > :02:40.of prisons but the problem exists once people, outside prisons and in
:02:41. > :02:43.a previous report of the Home Affairs Select Committee, we have
:02:44. > :02:49.talked about the need to monitor people when they go outside. Can he
:02:50. > :02:56.ensure that remains that connection with the Home Office, so those that
:02:57. > :03:00.have had lessons or initiatives to do with counter radicalisation, that
:03:01. > :03:03.they continue with that when they get outside? I make it my business
:03:04. > :03:10.to talk regularly with the Home Secretary on this issue. I also know
:03:11. > :03:15.that my honourable friend, the Minister for prisons and the Right
:03:16. > :03:18.honourable member, the Minister for security, they meet regularly to
:03:19. > :03:22.make sure we do everything possible to monitor it. There is a
:03:23. > :03:26.recognition that we must deal with violent extremism but extremism
:03:27. > :03:29.itself. Those who seek to ride it applies to inject the poison of
:03:30. > :03:41.Islamist into the minds of young men need to be counted every step of the
:03:42. > :03:44.way. We are determined to help eliminate the budget deficit and
:03:45. > :03:50.deliver better justice. That is why we are cutting 15% from the budget
:03:51. > :03:55.over the spending review and finding 5.3 billion to overhaul the prisoner
:03:56. > :03:58.state so it can drive down reoffending and constituents get
:03:59. > :04:04.better value for money and better bang for their buck out of the
:04:05. > :04:07.justice system. At the Ministry of Justice has faced spending cuts as
:04:08. > :04:11.deep or deeper than any other department in Whitehall. I am not
:04:12. > :04:16.sure despite the occasional criticism and row, the public has
:04:17. > :04:20.noted any discernible reduction in the service provided by the
:04:21. > :04:27.Department. Will my honourable friend someone in the secretaries of
:04:28. > :04:31.state for health, social security, international development and
:04:32. > :04:36.defence and given -- give them a tongue lashing on how we can emulate
:04:37. > :04:40.the private sector and create more wealth and more goods and more
:04:41. > :04:46.enterprise and more deregulation and more lower taxation and still
:04:47. > :04:52.provide better services? I thank the honourable gentleman for his
:04:53. > :04:57.remarks. As a former chairman, you will appreciate we have already
:04:58. > :05:02.slimmed back office by 600 million so we could extend rehabilitation to
:05:03. > :05:06.the 45,000 offenders on short sentences, now we are cutting the
:05:07. > :05:10.admin budget by 50% but investing 700 million to modernise our courts.
:05:11. > :05:14.It shows you can drive efficiencies and deliver a more effective system,
:05:15. > :05:21.whether it is the delays at court or the offenders passing through them.
:05:22. > :05:25.Given the Secretary of State's U-turns on things like the criminal
:05:26. > :05:29.court charge and a band of prisoners being sent box, can I suggest a good
:05:30. > :05:36.way of saving money would be to avoid such mistakes and listen to
:05:37. > :05:41.the Labour Party? With great respect, given the litany of
:05:42. > :05:45.mistakes and errors and systemic failings that we have had to clear
:05:46. > :05:53.up over the last five years and continue, we might reject that
:05:54. > :05:57.particular piece of counsel. One important area in which both service
:05:58. > :06:02.can be enhanced and value for money made, is through greater efficiency
:06:03. > :06:07.both the court estate and court system. Is my honourable friend
:06:08. > :06:11.satisfied that the ministry has sufficient in-house capacity to deal
:06:12. > :06:15.adequately with major issues like restructuring where you have to
:06:16. > :06:21.negotiate highly commercial contractual levels will he bring
:06:22. > :06:25.outside expertise when necessary? I have already explained some of the
:06:26. > :06:29.back-office savings that we are making, not only to deliver better
:06:30. > :06:33.value to the taxpayer, but to find the savings to reinvest. He is right
:06:34. > :06:36.to say that where we need to engage with the private sector or the
:06:37. > :06:44.voluntary sector to take advantage of that ingenuity and innovation, we
:06:45. > :06:48.will do so. Figures released yesterday by the Department show
:06:49. > :06:52.that more Ministry of Justice staff received bonuses last year than the
:06:53. > :06:57.previous year and that the average size of bonuses increased by 7%.
:06:58. > :07:04.Considering the whole public sector has had a pay rise cap at 1%, is it
:07:05. > :07:09.not a case of one rule for one and one for another? That is not fair or
:07:10. > :07:14.reasonable to any of the hard-working public servants that we
:07:15. > :07:19.have. There are very strict rules around bonuses within the 1% pay cap
:07:20. > :07:23.and the guidance of RAM that is. It is important, notwithstanding the
:07:24. > :07:26.savings that we have to make and in relation to bureaucracy and
:07:27. > :07:33.back-office, that we recognise outstanding performance. We are the
:07:34. > :07:37.only country in the world which uses taxpayer's revenue to pay lawyers to
:07:38. > :07:46.sue soldiers as they return from active duty. Is it an area of saving
:07:47. > :07:51.that the minister might consider? He is right that we need to make sure
:07:52. > :07:55.we have a balanced approach to Access to justice and I will come on
:07:56. > :07:59.and answer some of the specific questions around the military claims
:08:00. > :08:03.later. One particular area we need to look at is the rules around legal
:08:04. > :08:10.aid matters what we are doing and that is what we continue to pursue.
:08:11. > :08:15.Talking of value for money, how much has the miscalculation of divorce
:08:16. > :08:18.settlements cost so far? The 2200 closed cases will require legal
:08:19. > :08:24.advice and negotiation to correct and who will pay for this? The
:08:25. > :08:30.taxpayer or the people his department have badly let down? The
:08:31. > :08:35.legal press has dubbed him the Minister of cock ups. Doesn't the
:08:36. > :08:41.whole ministerial team deserve that title? When we make mistakes, we
:08:42. > :08:44.recognise them and we have written to all of those people affected to
:08:45. > :08:53.make sure that it doesn't happen again. Our announcement to close
:08:54. > :08:58.Holloway prison signals a new beginning in the way that we treat
:08:59. > :09:02.female offenders. It reflects our commitment to hold woman in
:09:03. > :09:05.environments that better meet their specific needs and better support
:09:06. > :09:16.their rehabilitation and helping them towards better lives upon
:09:17. > :09:19.release. I have fostered the whole lady's prison in Derbyshire and I
:09:20. > :09:22.wonder if she can outline the changes that are happening at
:09:23. > :09:31.Holloway and how they will assist the prisoners and staff at Foston
:09:32. > :09:33.Hall as well. Foston Hall is a resettlement prison and a much
:09:34. > :09:37.better placed to support inmates throughout their time in prison and
:09:38. > :09:42.back out into the community. She will know that many female offenders
:09:43. > :09:48.have complex needs and that is why we have introduced a personality
:09:49. > :09:51.disorder pathway and case management systems for female offenders. We
:09:52. > :09:56.have ensured family engagement workers are in place at all public
:09:57. > :10:03.sector women's prisons including Foston Hall. The minister might know
:10:04. > :10:07.that a woman's prison is close to my constituency. Will she agree that
:10:08. > :10:11.when we look at what happens to women in prison, very often it is
:10:12. > :10:15.literacy that is stopping them getting back and leading a good life
:10:16. > :10:19.and stop it is also the fact that many people in prison, winning --
:10:20. > :10:25.women particularly can have problems and are on the autism scale and they
:10:26. > :10:29.are never tested. Could we have more attention to looking at special
:10:30. > :10:36.educational needs in women's prisons so we can help them all? He makes an
:10:37. > :10:40.excellent point and we will take that into consideration. I have
:10:41. > :10:44.visited Newhall prison towards the tail end of last year and had a look
:10:45. > :10:48.at some of the excellent work that they are doing to help women
:10:49. > :10:51.offenders both with literacy, numeracy in -- issues and various
:10:52. > :11:03.other complex needs that they encounter. She will be aware of the
:11:04. > :11:09.work of the rehabilitation of... It began its work in a prison in my
:11:10. > :11:20.constituency where it was a category C /T resettlement prison.
:11:21. > :11:33.-- C/ D resettlement prison. He makes an important point. We do have
:11:34. > :11:38.so many of our female offenders coming to the prison system with
:11:39. > :11:45.both addictions to substance tours and alcohol and it is fundamental
:11:46. > :11:50.that, that is the key part of their rehabilitation process. On the
:11:51. > :11:57.advice of organisations, the Scottish Government has been looking
:11:58. > :12:01.into sentences of women of six months or less and helping them to
:12:02. > :12:02.stop reoffending. When the minister commit to rolling this out across
:12:03. > :12:21.the whole of the UK? I am very keen to have a look at the
:12:22. > :12:24.Scottish moral and see what progress has been made. I am also keen to
:12:25. > :12:26.intervene earlier on in women's offending journey to prevent as many
:12:27. > :12:29.people as possible from ending up in prison. Every single woman in prison
:12:30. > :12:34.represents a potential broken family and potentially children taken into
:12:35. > :12:38.care. Instead of trying to turn the women's prison estate into some kind
:12:39. > :12:43.of holiday camp, can I suggest that the minister instead, given that she
:12:44. > :12:47.is normally such a great champion for gender equality, that if a woman
:12:48. > :12:51.commits an offence, she should be treated in exactly the same way as a
:12:52. > :12:54.man? We still have the case that for every single category of offence,
:12:55. > :12:59.and man is more likely to be sent to prison than a woman. Why should a
:13:00. > :13:06.female offender for burglary be any better than male offender? Mr
:13:07. > :13:10.Speaker, I fear we may have been down this road before with my
:13:11. > :13:14.honourable friend. But I take on board his comments. Of course,
:13:15. > :13:19.sentencing is very much a matter for the judiciary. But I will always
:13:20. > :13:22.defend my strong held belief that equality of outcome is what we are
:13:23. > :13:27.looking for in the female was in a state. And at the moment, female
:13:28. > :13:31.prisoners are much more likely to suffer lots of complex issues, lots
:13:32. > :13:37.of Comdex needs, and far less likely to gain employment once they leave
:13:38. > :13:48.prison. And that is something I am looking to tackle. Quite rightly, we
:13:49. > :13:53.do not tolerate drugs in prison and we are bringing forward tough new
:13:54. > :13:55.measures including the new legislation on psychoactive
:13:56. > :13:59.substances. Possession in a prison will be a criminal offence, unlike
:14:00. > :14:06.in the rest of the country. If the scale of harm demonstrated by a
:14:07. > :14:10.significant increase in suicides was happening in other places where
:14:11. > :14:15.there is a duty of care - hospitals, children's homes, schools - would we
:14:16. > :14:21.not have a root and branch review of how best to tackle supply and demand
:14:22. > :14:27.for drugs in prisons? What we must make sure is that these drugs do not
:14:28. > :14:32.get into our prisons. Psychoactive substances have been in our prisons
:14:33. > :14:34.now for some time. It was a request from prison officers and prisoners
:14:35. > :14:39.around the country that we actually made sure that it should become a
:14:40. > :14:43.criminal offence, possession. We need new sniffer dogs which can
:14:44. > :14:47.sniff these products as well. They are in training at the moment. We
:14:48. > :14:52.must eradicate these drugs from our prisons. The national offender
:14:53. > :14:56.management service has revealed that the amount of alcohol found in
:14:57. > :15:03.prisons in England and Wales has almost trebled since the government
:15:04. > :15:09.took office. What steps is he taking on this? One thing we can do is to
:15:10. > :15:13.make sure that individual governors have full control so that they can
:15:14. > :15:17.work with their staff. We need to make sure that alcohol which is not
:15:18. > :15:21.supposed to be there is not there. A lot of this is actually brewed
:15:22. > :15:25.within the prisons, and we need to work very hard to make sure this
:15:26. > :15:30.does not happen. Drugs use is widespread throughout every jail in
:15:31. > :15:35.this country. Is there really any realistic prospect whatsoever of
:15:36. > :15:39.having a drug-free prison establishment? Mr Speaker, the
:15:40. > :15:43.Prison Service works really very, very hard to try to make sure that
:15:44. > :15:48.we eradicate as many drugs as possible. The new legislation will
:15:49. > :15:50.help. We know that assaults on prison officers and inmates from
:15:51. > :15:54.people taking psychoactive substances has become a blight on
:15:55. > :15:59.our prisons. With the new legislation, we will have powers
:16:00. > :16:05.which were not there before. There has been recent reports of prison
:16:06. > :16:10.officers falling ill after inhaling inmates' legal highs. I know you
:16:11. > :16:13.have said we are introducing new legislation, but how will this come
:16:14. > :16:18.into effect when present governors are leaving? We need a culture from
:16:19. > :16:26.the top to implement, so how can we do this? One way we can improve the
:16:27. > :16:30.situation for prison officers is to listen to them. They categorically
:16:31. > :16:34.asked us for the band. At the moment it is legal. It will be banned from
:16:35. > :16:39.once it gets royal assent. From April it is a criminal offence in
:16:40. > :16:45.prisons. That is what the prison officers asked for, and that is what
:16:46. > :16:48.we have given them. Mr Speaker, we are committed to making sure that
:16:49. > :16:54.our justice system delivers faster and fairer justice for all our
:16:55. > :16:59.citizens. Our tribunals will bring quicker and fairer access to justice
:17:00. > :17:03.and create a justice system which reflects the way people use services
:17:04. > :17:06.today. We have ensured that legal aid remains available for the
:17:07. > :17:11.highest priority cases, where life or liberty is at stake, where they
:17:12. > :17:14.face the loss of their home, in cases of domestic violence, or where
:17:15. > :17:19.their children may be taken care. As the Lord Chief Justice
:17:20. > :17:22.extraordinarily reported two weeks ago, and I quote, our system of
:17:23. > :17:29.justice has become unaffordable to most. Two constituents were sacked
:17:30. > :17:32.unfairly, one went to a tribunal, was not able to afford legal
:17:33. > :17:36.representation, therefore lost. The other image of the gave up. With
:17:37. > :17:41.justice now only available to the well off, does the minister have any
:17:42. > :17:47.serious proposals to open up access to justice to ordinary people? I am
:17:48. > :17:50.very grateful to the right honourable gentleman for raising the
:17:51. > :17:54.issue of employment tribunals. I would like to say that it is the aim
:17:55. > :17:58.of this government to make sure that people do not have to go to court or
:17:59. > :18:03.tribunals in the first place, and thereby not have to incur legal
:18:04. > :18:08.expenses or experience stress. In the case of employment tribunals, he
:18:09. > :18:12.may not be aware, but the ACAS conciliation service, in their first
:18:13. > :18:18.12 months, found that 83,000 people used to that service and I hope that
:18:19. > :18:21.in future, when he has problems brought to his surgery from his
:18:22. > :18:26.constituents, he will be able to point them to that free service. As
:18:27. > :18:31.the government changed the criteria for access to legal aid, and since
:18:32. > :18:34.they did this, there has been a huge increase in domestic violence. As
:18:35. > :18:39.the government made any assessment of the link? We constantly make sure
:18:40. > :18:43.that matters are kept under review. As far as the act is concerned, we
:18:44. > :18:49.are committed to having a review between 3-5 years. The Law Society
:18:50. > :18:55.describes access to justice as being on the verge of a crisis. Funding
:18:56. > :19:00.for civil cases has fallen 62% since civil legal aid was cut. Will the
:19:01. > :19:04.minister carry out a full review to understand the equality impact of
:19:05. > :19:10.this change in civil legal aid? As I just said, Mr Speaker, we will be
:19:11. > :19:15.carrying out a full review of the fermentation of this. I would say
:19:16. > :19:19.that we still have one of the most generous legal aid budgets in the
:19:20. > :19:23.world, not withstanding the reductions we have made. Some of
:19:24. > :19:27.those who would struggle to pay court fees the most are those where
:19:28. > :19:31.there has been family breakdown, often in chaotic families. What
:19:32. > :19:35.plans does he have to simplify and reduced cost to access child
:19:36. > :19:41.arrangement orders? And will this include any further statutory rights
:19:42. > :19:47.for grandparents? On court fees, where there is difficulty for people
:19:48. > :19:57.to attend court, then there is a fee remission system available which can
:19:58. > :20:01.be remission in full or in part. We learnt this week that a district
:20:02. > :20:05.judge is suing the Ministry of Justice, blowing the whistle on the
:20:06. > :20:09.rise in death threats and increasingly violent claimants which
:20:10. > :20:12.our judges are having to Dale with, day in, day out. Coming their and
:20:13. > :20:16.after the Lord Chief Justice 's warning that judges are facing a
:20:17. > :20:19.rising number of challenging and emotionally charged cases, what
:20:20. > :20:23.action is the minister to address these claims, or is this just
:20:24. > :20:27.another mission which the failed austerity parties of his party have
:20:28. > :20:33.made our courts more dangerous both judges and the victims? May I first
:20:34. > :20:36.of all welcome the honourable lady to her new position. She will
:20:37. > :20:39.appreciate that a given that there is ongoing litigation, I cannot
:20:40. > :20:50.possibly comment at the dispatch box. With your permission, Mr
:20:51. > :20:54.Speaker, I would like to grow this question with questions in 11 and
:20:55. > :20:57.13. Dividing prisoners with vocational and employment
:20:58. > :21:02.opportunities are implementing important factors in preventing
:21:03. > :21:08.reoffending. The Employers Forum For Reducing Reoffending is working with
:21:09. > :21:14.the department to increase involvement of more businesses. It
:21:15. > :21:19.also has an important role to play in helping ex offenders find
:21:20. > :21:23.employment. I am grateful. I am sure he would agree with me that it is
:21:24. > :21:27.beholden on as many employers as possible to offer training in
:21:28. > :21:35.prisons so that when prisoners leave prison, they are ready for
:21:36. > :21:40.employment. Could I invite him to welcome the work that Clean Sheet
:21:41. > :21:43.does in our prison estate, especially in guys Marsh in my
:21:44. > :21:50.constituency, which I have seen at first hand, really getting people
:21:51. > :21:54.ready for work. I thank him for his interest and I am delighted to
:21:55. > :21:57.praise the work of Clean Sheet and so many organisations which try and
:21:58. > :22:03.get prisoners into work. We have a number of companies, Mr Speaker,
:22:04. > :22:11.including Timpson's, Halfords, restaurants, and many others, who
:22:12. > :22:16.are rising to the challenge. And we want many more to join them. Does he
:22:17. > :22:20.agree that providing work and the right sort of work is the real key
:22:21. > :22:24.to any effective rehabilitation for prisoners? My honourable friend is
:22:25. > :22:28.absolutely right. We have hard evidence that if a prisoner leaves
:22:29. > :22:36.prison and goes into work, they are less likely to reoffend. We know
:22:37. > :22:39.reoffending costs between ?9 billion -?13 billion per year. And it
:22:40. > :22:43.creates many more victims. That is what we can avoid by getting many
:22:44. > :22:51.more prisoners into work. My honourable friend will know that as
:22:52. > :22:55.access to skills is key, and whilst I welcome what he said about the
:22:56. > :22:59.ploy is Forum, what more is the Government going to do to get more
:23:00. > :23:03.employers to recognise the potential of providing those skills and then
:23:04. > :23:09.the opportunities to employ ex-offenders on release? As a London
:23:10. > :23:13.MP, my honourable friend may have noted that a week or so ago, the
:23:14. > :23:18.Mayor of London pointed out that when employers hire ex-offenders,
:23:19. > :23:24.they report above-average commitment and loyalty. So, not only is this an
:23:25. > :23:28.important part of social responsibility, it is actually very
:23:29. > :23:32.good business sense. London is actually leading the way in this
:23:33. > :23:35.area, with more joined up work between local enterprise
:23:36. > :23:38.partnerships getting extra skills funding into prisons. I want to see
:23:39. > :23:43.what is happening in London spread across the whole of England and
:23:44. > :23:49.Wales. Mr Speaker, in November, I raised the issue of insurance
:23:50. > :23:54.premiums and the barrier that they pose to employment for ex-offenders.
:23:55. > :23:57.I am pleased that the minister has engaged in this issue, but I wonder,
:23:58. > :24:03.does he have an update for the House? I do indeed. The honourable
:24:04. > :24:09.gentleman is right to pursue this issue. One issue I have come across
:24:10. > :24:16.recently is insurers just requesting a blanket stipulation that they have
:24:17. > :24:23.no ex-offenders on their premises. I am a former chartered insurer, and I
:24:24. > :24:25.will be having a meeting with the Association of British Insurers
:24:26. > :24:30.shortly in order to challenge them on this issue, to see if that is
:24:31. > :24:37.really necessary. As a former underwriter myself, I suspect it
:24:38. > :24:41.probably isn't. The minister has talked of this morning about
:24:42. > :24:43.employment on release from prisons. Education and skills are crucial to
:24:44. > :24:48.an offender's chance of making something of themselves and getting
:24:49. > :24:54.a job on release. But he admitted in answer to a question that Prison
:24:55. > :25:01.Service anti-riot squads were drafted in on 339 occasions in the
:25:02. > :25:05.year to 9th of December 2015, an increase of 52% on the previous
:25:06. > :25:09.year. So does he accept that prison overcrowding, coupled with his
:25:10. > :25:13.governments cuts in resources, has led to a prison estate which is not
:25:14. > :25:16.fit for educational purpose? First of all, let me warmly congratulate
:25:17. > :25:21.the honourable lady on her new position. I look forward to debating
:25:22. > :25:26.these issues with her in the months to come. She raises the issue of
:25:27. > :25:30.education and she is right to do so. It is a crucial part of getting
:25:31. > :25:35.offenders into work. But the governments whole prison reform
:25:36. > :25:40.programme is front and centre of part of the answer to try and deal
:25:41. > :25:43.with the issues of violence and disorder which she has identified.
:25:44. > :25:50.More purposeful work, better education, better outcomes, better
:25:51. > :25:52.prisons. Hampshire's community rehabilitation company plays a vital
:25:53. > :25:56.role connecting prisons and offenders with local ploy is across
:25:57. > :26:00.the haven't constituency. Will the minister join me in congratulating
:26:01. > :26:04.them on their work and also to encourage more employers to
:26:05. > :26:08.contribute to job fairs run by members of this House? I certainly
:26:09. > :26:15.will. Get me warmly congratulate my honourable friend not only on
:26:16. > :26:19.organising a jobs fair in his own constituency, a very practical way
:26:20. > :26:24.to help our constituents find work, but also realising that that jobs
:26:25. > :26:28.fair needs to be equally open to ex-offenders. He is leading the way
:26:29. > :26:32.and I hope others will follow. Before I called the honourable
:26:33. > :26:36.member for Barrow in Furness, I would remind the House that the
:26:37. > :26:43.Crown Prosecution Service is reconsidering this case and a second
:26:44. > :26:45.inquest is awaited. Members should take account of that in carefully
:26:46. > :27:01.framing their remarks on the matter. The death of poppy Worthington is
:27:02. > :27:08.deeply distressing and very tragic. I offer my sympathies to those who
:27:09. > :27:19.loved her and those who cared for her. I am unable to comment on the
:27:20. > :27:23.decisions of the. There is nothing more important than keeping children
:27:24. > :27:28.safe. That is why the Government has given child sexual abuse the status
:27:29. > :27:36.of a national threat in the strategic requirement. I thank the
:27:37. > :27:41.Minister for that answer. Our community want accountability and it
:27:42. > :27:47.wants to see improvements in the services that have failed in these
:27:48. > :27:53.circumstances. Will she make clear that there is no reason why the
:27:54. > :28:02.serious case review into Poppy Worthington's death and the report
:28:03. > :28:18.needs to be delayed, pending the second inquest being carried out.
:28:19. > :28:27.A second inquest should be done. They are independent of Government
:28:28. > :28:38.and decide their own timescales. I can confirm that neither are
:28:39. > :28:41.required to wait upon the coroner. Community rehabilitation companies
:28:42. > :28:51.are responsible for supporting any of their staff at risk of redundancy
:28:52. > :28:55.in line with employment law. We are working closely with community
:28:56. > :28:59.rehabilitation companies to make sure they fulfil their contractual
:29:00. > :29:03.commitments to maintain service delivery, reduce reoffending,
:29:04. > :29:09.protect the public and deliver value for money to the taxpayer. There is
:29:10. > :29:16.the potential for 900 probation officers to be made compulsory
:29:17. > :29:20.redundant in the near future. These are the people who stood by the
:29:21. > :29:26.Government at a time when there was the traditional period. They
:29:27. > :29:30.shouldn't be penalised. They should be praised. Justice Secretary
:29:31. > :29:40.guarantee that these professionals receive four voluntary redundancies
:29:41. > :29:50.terms. -- full involuntary redundancy terms. I repeat what I
:29:51. > :29:54.said just now in that we will make sure the community rehabilitation
:29:55. > :29:58.companies comply with employment law as they are supposed to do. We
:29:59. > :30:02.closely monitor their performance in line with the contracts which they
:30:03. > :30:07.have signed but I can tell the honourable gentleman that last year
:30:08. > :30:11.there were 195 extra probation officers qualified. We had 750
:30:12. > :30:15.probation officers in training and that is the largest intact of
:30:16. > :30:24.probation officers for some considerable period of time. Our
:30:25. > :30:32.system of youth justice needs reform. Youth offending us down, the
:30:33. > :30:35.care of youth offenders in custody is not good enough. There are
:30:36. > :30:39.concerns which are heightened following Panorama's investigation
:30:40. > :30:44.into events at the Medway secure training centre. In a statement, I
:30:45. > :30:47.have appointed an independent improvement board to investigate
:30:48. > :30:53.what has happened in Medway and ensure the capability of G4S, and
:30:54. > :31:00.other organisations meet appropriate standards and that it is sufficient.
:31:01. > :31:04.The roll-out of the new minimising and managing physical restraint
:31:05. > :31:12.system has been delayed for a year. In 2013, there are 3000 assault
:31:13. > :31:18.incidents in the secure state, a 7% increase even though the number of
:31:19. > :31:25.people in custody has raised. What is he doing to ensure that near --
:31:26. > :31:28.new systems are implemented? There has been a reduction in the number
:31:29. > :31:33.of young people in the youth estate but as the number has reduced, so
:31:34. > :31:37.those remaining ten to be those who have been arrested for the most
:31:38. > :31:40.violent crimes and to pose the greatest difficulties to those who
:31:41. > :31:45.have to care for them and those who have to keep them in custody. It is
:31:46. > :31:49.important we ensure when restraint is applied, it is done so in a way
:31:50. > :31:54.that minimises risks to Ian Bugler but ensure safety can be restored.
:31:55. > :31:59.One of the purposes of the interviews is to make sure the
:32:00. > :32:07.workforce is trained to restrain young people and protect others. I
:32:08. > :32:12.visited Swanwick Lodge, a secure home for ten to 17-year-olds in my
:32:13. > :32:18.constituency. Swanwick large's work tackles the root causes that led to
:32:19. > :32:22.these young people's loss of education, substance misuse and
:32:23. > :32:29.early intervention. Will he explain what other measures are in place to
:32:30. > :32:33.tackle youth rehabilitation and reduce reoffending? Before she came
:32:34. > :32:37.into this house, she did a great deal of work to help disadvantaged
:32:38. > :32:42.children get better outcomes and she will know that some of those
:32:43. > :32:46.children who end up in trouble with the criminal just system, they grow
:32:47. > :32:49.up in homes where love has been absent or fleeting or when no one
:32:50. > :32:54.has cared enough to tell those children the difference between and
:32:55. > :32:57.wrong. The work conducted by the Education Secretary and the work
:32:58. > :33:01.being led by the Local Government Secretary to tackle the problems of
:33:02. > :33:08.troubled families are integral to ensuring we will reduce the number
:33:09. > :33:14.of young people who fall into crime. It was obvious to those who watched
:33:15. > :33:20.the Panorama programme, that the G4S workforce was underqualified,
:33:21. > :33:25.undertrained and under pressure not to report incidents that should've
:33:26. > :33:30.been reported because of the threat to G4S's profits. Isn't it now time
:33:31. > :33:36.that we recognise that the most difficult and vulnerable children in
:33:37. > :33:40.our system should not be looked after by a profit driven
:33:41. > :33:47.organisation, but by properly trained and publicly accountable
:33:48. > :33:53.staff? I don't doubt his sincerity in is caring for these people. What
:33:54. > :33:57.happened in Medway was terrible. It is important to take on board the
:33:58. > :34:00.fact that there are private sector organisations including G4S which
:34:01. > :34:05.are responsible for the care of young offenders not least in
:34:06. > :34:08.Bridgend and they have been doing an exemplary job in other areas. It is
:34:09. > :34:12.quite wrong to draw conclusions about the private sector or the
:34:13. > :34:16.public sector. What matters is getting outcomes right for children
:34:17. > :34:24.and we should not on the back of human misery try to carry forward a
:34:25. > :34:28.narrow ideological argument. Will he congratulate a distinguished soldier
:34:29. > :34:32.for taking on the airborne initiative of the young offenders
:34:33. > :34:36.institution in Portland does he agree that getting the appropriate
:34:37. > :34:42.young offenders out onto the Moors for five testing days is an
:34:43. > :34:49.excellent scheme which our support? I couldn't agree more. I have to say
:34:50. > :34:51.the capacity of Cadet forces and military involvement turn round the
:34:52. > :34:55.lives of young men who find themselves in trouble and it has
:34:56. > :35:01.been tested over the years will stop everything we can do to support the
:35:02. > :35:11.Education Secretary and support Sir Rupert Smith and rescue the lives of
:35:12. > :35:16.young people, I think we should do. The allegations in the Panorama
:35:17. > :35:20.programme on the 11th of January about Medway secure training centre
:35:21. > :35:28.were truly appalling. I am glad the Secretary of State has listened to
:35:29. > :35:37.the chief Insecta -- Inspector of prisons. The director of Medway has
:35:38. > :35:42.just resigned. The three STC's in England are run by G4S and following
:35:43. > :35:46.a damning inspection report, the contract was taken away from G4S.
:35:47. > :35:50.This has nothing to do with ideology. On the basis of the
:35:51. > :35:56.evidence before us, will the Government to take away G4S's Medway
:35:57. > :36:03.contract and will it ensure G4S is not awarded any future contracts? He
:36:04. > :36:07.is right. It is because these allegations are so serious that we
:36:08. > :36:11.have to investigate them properly. We will investigate what went on and
:36:12. > :36:18.ensure children are safe. When any organisation fails on the delivery
:36:19. > :36:22.of public services, we will take steps to remove that contract. If
:36:23. > :36:35.G4S have failed in this regard, we will take all steps to keep children
:36:36. > :36:38.safe. I will answer this question with question 15. Violence in
:36:39. > :36:43.prisons has increased and the nature of offenders currently in custody
:36:44. > :36:46.and the widespread of portability of psychiatric substances have
:36:47. > :36:51.contributed to making prisons less safe. There is no single solution to
:36:52. > :36:57.improving safety in prisons but we are making process and trialling the
:36:58. > :37:01.sub body warmth cameras, bringing in sniffer dogs but they are in a way
:37:02. > :37:05.to reduce violence is to give governors the tools to reformat and
:37:06. > :37:09.rehabilitate. One of the threats to safety inside prisons and outside
:37:10. > :37:13.prisons is the ability of inmates to access mobile phones. On Friday, a
:37:14. > :37:19.seven prison and Rochester prison was sentenced to 12 years for
:37:20. > :37:24.arranging the supply of reactivated firearms via a mobile phone from his
:37:25. > :37:31.prison cell. Random checks are only good enough and prison officers do
:37:32. > :37:37.their best but it now is time to cut this and go for mobile phone jamming
:37:38. > :37:42.devices. He is absolutely right. I can tell him we employ a number of
:37:43. > :37:46.measures and her body orifice scanning chairs, metal detecting
:37:47. > :37:53.ones, blockers and specially trained dogs. We need to refocus and
:37:54. > :37:58.redouble our efforts in this area, particularly around blockers and
:37:59. > :38:02.detectors and I can assure him that this is an area that the Secretary
:38:03. > :38:08.of State and I fully engaged in. The safety of young people in our prison
:38:09. > :38:12.state has been called into question by the Panorama programme regarding
:38:13. > :38:15.Medway secure training centre. What assurances can be provided that the
:38:16. > :38:22.safety of young people across the prison estate, not just in Medway,
:38:23. > :38:24.is being prioritised? He will have heard the answer that the Secretary
:38:25. > :38:31.of State has just given to a previous question on this issue. I
:38:32. > :38:35.won't repeat that. We do take this issue extremely seriously and that
:38:36. > :38:39.is the reason why the Secretary of State is commissioned Charlie
:38:40. > :38:42.Taylor, former Chief Executive of the National College for School
:38:43. > :38:49.leadership, to conduct a review of youth justice and youth custody
:38:50. > :38:54.across the board. Not only safety at its heart but improved outcomes for
:38:55. > :39:03.young people in custody. Medway prison 's shows that good order and
:39:04. > :39:06.restraint can be exploited. Will the inquiry look into this across all
:39:07. > :39:12.prisons because I do not think in this day and age it is appropriate?
:39:13. > :39:17.What I would say to the honourable lady, is that there are occasions in
:39:18. > :39:23.custody where for the safety of the young person and for the safety of
:39:24. > :39:25.others, we do have to use restraint. The chief inspector has acknowledged
:39:26. > :39:31.that minimising and managing physical restraint is an
:39:32. > :39:36.improvement. That is only the case if it is used properly and if it is
:39:37. > :39:48.used appropriately and not if it is abused. We are very mindful of that.
:39:49. > :39:52.The ongoing chief inspector of prisons looked into Wormwood Scrubs
:39:53. > :39:56.and one cell was so unsafe com he said he would want to keep a dog
:39:57. > :40:00.there. I know you can't teach an old dog new tricks that I wondered if
:40:01. > :40:11.you could tell us what is being done to deal with the Tory prison crisis?
:40:12. > :40:15.What I would say is I hope she will be fair enough to recognise the fact
:40:16. > :40:21.that this Government has accepted that much of our prison estate is
:40:22. > :40:24.simply not good enough. It is too old, inappropriate and we can
:40:25. > :40:30.provide the education or the work that we need to provide. That is why
:40:31. > :40:33.the Chancellor has provided ?1.3 billion to build my new prisons in
:40:34. > :40:39.addition to the new prison we are building in North Wales and the new
:40:40. > :40:50.house blocks we have delivered and the further two blocks that we will
:40:51. > :40:57.deliver. With permission I will take an answer four questions 12 and 16
:40:58. > :41:01.together. I have met with many international partners from the
:41:02. > :41:04.Council of Europe commission of human rights to the UN High
:41:05. > :41:12.Commissioner of human rights. The Justice Secretary has met with many.
:41:13. > :41:16.These meetings are an important opportunity to reinforce Britain's
:41:17. > :41:20.proud tradition of promoting freedom and discuss how this comment intends
:41:21. > :41:25.to strengthen its both at home and abroad. I'm sure if it was just the
:41:26. > :41:29.Labour Party who are saying don't scrap the Human Rights Act, the
:41:30. > :41:34.minister could roll with it. Prince Zeid, when he met with him, did he
:41:35. > :41:38.say that the Government's proposals will be damaging to victims,
:41:39. > :41:44.contrary to the country's history of global engagements and indeed many
:41:45. > :41:48.of their states would gleefully follow suit? Is it not important
:41:49. > :41:52.that we do listen to the United Nations? He is right we should
:41:53. > :41:56.listen to our international partners. He did not say that to me
:41:57. > :42:01.at all. When we have these meetings, it is a good opportunity to discuss
:42:02. > :42:05.the reality of our plans for reform. I make clear our forthcoming bill of
:42:06. > :42:08.Rights proposal stay within the convention. I explained the abuses
:42:09. > :42:15.that we want to be rid of under the Human Rights Act. Some of the
:42:16. > :42:18.challenges we have allowed us is to look at our common-sense reforms
:42:19. > :42:19.with some of the baseless scaremongering coming from some of
:42:20. > :42:31.our critics. The UN's special rapporteur on
:42:32. > :42:36.torture has spoken about plans to replace the Human Rights Act with a
:42:37. > :42:38.Tory Bill of Rights, calling it a dangerous and pernicious and
:42:39. > :42:44.something which would set a very bad example to the rest of the world.
:42:45. > :42:49.Isn't he right? It is not right, and I can tell him that with all the
:42:50. > :42:52.discussions I have had with all the UN officials who have passed through
:42:53. > :42:56.Westminster, nobody has ever used that kind of language in front of
:42:57. > :42:59.me, and I very much doubt that they would. Since when is it the practice
:43:00. > :43:06.of foreign legal and other entities to decide the views and produce the
:43:07. > :43:10.sovereignty of this Parliament and the electoral mandate we have to
:43:11. > :43:13.bring in a British Bill of Rights? It is a tragedy that the European
:43:14. > :43:17.Convention on Human Rights, which was founded by British people, has
:43:18. > :43:21.been distorted by perverse decisions such as trying to get an axe
:43:22. > :43:25.murderer to get the vote, which we have rejected. Isn't it time we got
:43:26. > :43:28.on with our manifesto commitment to have a British Bill of Rights? My
:43:29. > :43:34.honourable friend is absolutely right. I would also point out that
:43:35. > :43:39.the last Labour government had issues with the way the Strasbourg
:43:40. > :43:42.court operated, too. They did not implement a prisoner voting. I do
:43:43. > :43:46.not remember the honourable member when he was a minister calling for
:43:47. > :43:51.it to be implemented. Nor did they implemented the Abu Qatada judgment.
:43:52. > :43:54.Can the minister confirm that human rights have been part of our law in
:43:55. > :43:58.this country under the common law for many years, and that they will
:43:59. > :44:05.continue to be so after the repeal of the Human Rights Act, perhaps in
:44:06. > :44:09.a more modern and codified way? My honourable and Learned Friend is
:44:10. > :44:13.absolutely right. He have had a huge, long tradition and pedigree of
:44:14. > :44:17.respecting human rights, dating back to Magna Carta and before. We have
:44:18. > :44:21.protected human rights in this country before the European
:44:22. > :44:24.Convention, and certainly before Labour's Human Rights Act, and we
:44:25. > :44:29.shall continue to do so in the years ahead. The minister is yet to issue
:44:30. > :44:32.his consultation on the repeal of the Human Rights Act and its
:44:33. > :44:36.replacement with a British Bill of Rights. But it is eight weeks now
:44:37. > :44:39.and to the Scottish Parliament is dissolved and it goes into Purdy,
:44:40. > :44:43.and it is the same with Northern Ireland and Wales. Can I ask him to
:44:44. > :44:49.guarantee that he will not squash out Scotland, Northern Ireland and
:44:50. > :44:52.Wales from this important call some patience by issuing his proposals
:44:53. > :45:00.before, or even worse, during the election period? Can he give that
:45:01. > :45:06.guarantee? There will be no squashing out. We are already in
:45:07. > :45:10.detailed soundings and when we come to it, there will be full
:45:11. > :45:14.consultation with all the devolved administrations. In relation to the
:45:15. > :45:20.purdah issue, we will be mindful of the Cabinet Office guidelines.
:45:21. > :45:23.Another perverse decision of the European Court of Human Rights was
:45:24. > :45:26.that on prisoner voting. Can the minister please confirm that there
:45:27. > :45:37.are absolutely no plans to change our laws on prisoner voting? I thank
:45:38. > :45:42.him for his question. As I have made clear to our partners in Strasbourg,
:45:43. > :45:45.it is for honourable members in this House to determine whether prisoners
:45:46. > :45:52.should be given the vote, and I see no prospect of that happening in the
:45:53. > :45:56.foreseeable future. When the council of Europe commission of human rights
:45:57. > :46:00.visited the United Kingdom last week, he said that the repeatedly
:46:01. > :46:04.delayed launch of the consultation of the repeal of the Human Rights
:46:05. > :46:10.Act is, and I quote, creating an app must fear of anxiety and concern in
:46:11. > :46:14.civil society and within the devolved administrations. --
:46:15. > :46:16.creating an atmosphere. Will he now tell say exactly when the
:46:17. > :46:21.consultation will be published? As she already knows, I met with the
:46:22. > :46:24.commissioner last week and we spoke about these issues. There is no
:46:25. > :46:28.cause for anxiety. We will bring forward proposals for full
:46:29. > :46:34.consultation in the near future. Those proposals are going well. She
:46:35. > :46:37.will hear more on that shortly. The commissioner also said, and I quote,
:46:38. > :46:42.my impression is that the debate over the Human Rights Act in
:46:43. > :46:46.Westminster is not a true reflection of the debate outside England. Does
:46:47. > :46:51.the minister appreciate that the impact of any attempt to repeal the
:46:52. > :46:55.Human Rights Act on the devolved administrations would be likely to
:46:56. > :46:58.provoke a constitutional crisis? I think she is absolutely right to say
:46:59. > :47:01.that within the Westminster bubble, particularly if you look at some of
:47:02. > :47:06.the scaremongering, the debate is not reflective of wider public
:47:07. > :47:10.opinion outside of this House, which is consistently in favour of a Bill
:47:11. > :47:20.of Rights to replace the Human Rights Act, including, she will
:47:21. > :47:24.note, in Scotland. I want to see fewer women in the kernel justice
:47:25. > :47:28.system. That's why in partnership with the equalities office we have
:47:29. > :47:31.made available ?200,000 of grant funding to add to the ?1 million
:47:32. > :47:36.already invested to support local pilots for female offenders. This is
:47:37. > :47:41.where multiple agencies work together and intervene earlier to
:47:42. > :47:47.help address the complexes reasons why women offend and to assist them
:47:48. > :47:53.in turning their lives around. Does she agree that more needs to be done
:47:54. > :47:56.to steer vulnerable women away from crime, and can she update the House
:47:57. > :48:02.on how that is progressing and what more is being done to tackle this
:48:03. > :48:05.issue? The system approach I have outlined in straights this
:48:06. > :48:10.commitment to divert as many women as possible from custody by
:48:11. > :48:14.addressing not only the causes of offending, which left unchecked
:48:15. > :48:18.software will spiral into potentially a prison sentence and
:48:19. > :48:21.the break down of families and children in care, which is why we
:48:22. > :48:27.will be announcing successful bids for this pilot later in the week.
:48:28. > :48:31.Thank you very much. I have had occasion in this House to offer my
:48:32. > :48:36.thanks and gratitude to Nick Arnold wick, the outgoing Chief Inspector
:48:37. > :48:38.of Prisons, and Paul iron, the outgoing chief inspector of
:48:39. > :48:41.probation. But their expertise will not be lost because I can announce
:48:42. > :48:45.today that I am appointing Nick Arnold wick is the new Chair of the
:48:46. > :48:51.parole board. He will succeed the current Chair, and I would like to
:48:52. > :48:57.put on record my thanks to Sir David for what he has done in this role.
:48:58. > :49:03.My honourable friend the Courts Minister will know that last year I
:49:04. > :49:05.wrote a report on form of service personnel in the cruel justice
:49:06. > :49:10.system, which recommended among other things, training of people in
:49:11. > :49:14.the bar and for solicitors and judges to deal with this small
:49:15. > :49:17.cohort of offenders. What steps is my honourable friend taking to make
:49:18. > :49:22.sure that court staff receive appropriate training to deal with
:49:23. > :49:27.these individuals? He makes an important point. We know that he is
:49:28. > :49:32.a distinguished veteran as well as being an outstanding... He produced
:49:33. > :49:38.an excellent report on offenders who have been in the Armed Forces. Court
:49:39. > :49:40.staff are trained to deal with the specific needs of veterans and we
:49:41. > :49:43.are aware that there are particular needs which may relate to need
:49:44. > :49:46.post-traumatic stress disorder and associated mental health concerns,
:49:47. > :50:00.which court staff need to be sensitive to. Could I commend the
:50:01. > :50:04.Secretary of State for his appointment of Nick Hardwick to the
:50:05. > :50:07.Parole Board? Exactly a year ago, my right honourable friend the member
:50:08. > :50:11.for Tooting, with his usual proceedings, said the new legal aid
:50:12. > :50:16.contracts were making pigs ear of access to justice and should be
:50:17. > :50:21.abandoned. Will the Secretary of State confirm the Pressel ports that
:50:22. > :50:26.he is about to do just that? Can I thank the honourable gentleman for
:50:27. > :50:30.his praise for temp -- for Nick Hardwick? It is precisely because
:50:31. > :50:34.Nick Hardwick has spoken without fear or favour and has been such an
:50:35. > :50:37.honest critic that I believe he is the right person to discharge this
:50:38. > :50:42.role. I am sure he will appreciate the bipartisan support. On legal aid
:50:43. > :50:46.contracts, it has been the case that we have had to reduce the spend on
:50:47. > :50:50.legal aid, in order to deal with the deficit which we inherited. But also
:50:51. > :50:56.we maintain more generously delayed in this country than in any other
:50:57. > :50:59.competent jurisdiction. Diderot at the justice select committee, the
:51:00. > :51:04.Master of the Rolls described fee increases affecting civil litigants
:51:05. > :51:09.as a desperate way of carrying on, based on hopeless research. He
:51:10. > :51:12.laughed when asked by the honourable member for chop them if there was
:51:13. > :51:15.anything in the governments. Which stood up to scrutiny. It is another
:51:16. > :51:27.car crash. Is it time for another U-turn? I can hear music from the
:51:28. > :51:29.zephyrs, words from the honourable member for Cheltenham, suggesting
:51:30. > :51:31.that were once the honourable member might be misinformed of what
:51:32. > :51:37.precisely happened in the select committee. But one thing I would say
:51:38. > :51:41.is, one of the biggest barriers to justice, as the master of the Rolls
:51:42. > :51:45.and others have pointed out, are costs. Action needs to be taken to
:51:46. > :51:49.reduce costs in civil justice. It is not enough simply to say that the
:51:50. > :51:52.taxpayer must shoulder the burden. We need reform of our legal system
:51:53. > :51:57.in order to make access to justice easier for all. I know that my right
:51:58. > :52:00.honourable friend regards access to justice as a clear priority. With
:52:01. > :52:05.this in mind and given the large area of north-east Cheshire which
:52:06. > :52:10.will be without easy access to a court under the consultation, can he
:52:11. > :52:13.tell the House what progress is being made in considering the
:52:14. > :52:19.Macclesfield proposal for a single, combined across field justice
:52:20. > :52:23.centre? May I first of all thank my honourable friend for the meeting
:52:24. > :52:26.that we had and for presenting the justice centre report which he gave
:52:27. > :52:29.to me along with his constituent. He will be aware that we are giving
:52:30. > :52:33.serious consideration to that report and indeed to the 2000-plus
:52:34. > :52:39.submissions made in that consultation regarding which we will
:52:40. > :52:44.be making our response soon. Women's aid last week published a report
:52:45. > :52:48.entitled 19 childhood asides. It tells the story of 19 children, two
:52:49. > :52:52.mothers, killed by unknown perpetrators of domestic abuse in
:52:53. > :52:56.circumstances related to the unsafe child contact. How will the
:52:57. > :52:59.department helped to make sure that no further avoidable child deaths
:53:00. > :53:01.will take place where the perpetrators of domestic abuse have
:53:02. > :53:05.been allowed contact through the family court? We take
:53:06. > :53:10.extraordinarily seriously concerns about child safety. I know that my
:53:11. > :53:13.colleague the minister who is responsible for family law has been
:53:14. > :53:16.in touch with charities who work in this area in the past. We will make
:53:17. > :53:23.sure that we pay close attention to this report. Does my right
:53:24. > :53:27.honourable friend share my anger and that of my constituent whose son was
:53:28. > :53:33.tragically killed while serving his country in Afghanistan? Law firms
:53:34. > :53:36.which are heavily involved in actions against Veterans Day and
:53:37. > :53:40.serving them as of our armed forces, and what action can the government
:53:41. > :53:44.take to close down this industry, which is causing so much unnecessary
:53:45. > :53:48.distress to our Armed Forces and their families? We share my right
:53:49. > :53:52.honourable friend's concerns. He will be aware of the prime ministers
:53:53. > :53:55.early announcement on Friday. The professionalism of our Armed Forces
:53:56. > :54:00.is second to none. But we cannot have returning troops hounded by
:54:01. > :54:03.ambulance chasing lawyers pursuing spurious claims. The Justice
:54:04. > :54:08.Secretary has asked me to Chair a working groups to look at all
:54:09. > :54:10.aspects of this, no Win no fee, leader labels, time limits and
:54:11. > :54:17.disciplinary sanctions against law firms who are found to be abusing
:54:18. > :54:22.the system, so that we prevent any malicious or parasitic litigation
:54:23. > :54:26.against our brave Armed Forces. Can the minister confirm Hamley times
:54:27. > :54:29.contract breaches at G4S establishments have occurred under
:54:30. > :54:32.the contract with his department, and what amount in fines have been
:54:33. > :54:38.incurred and by G4S in respect of those breaches? I do not have the
:54:39. > :54:45.detailed information. If she will allow me, I will write to her with
:54:46. > :54:49.details. My right honourable friend is aware of the very serious
:54:50. > :54:52.problems associated with radicalisation in our prisons. Can
:54:53. > :54:58.he update the House on what steps are being taken to tackle this? I
:54:59. > :55:03.understand my honourable friend's proper interest in this subject. As
:55:04. > :55:10.the threat evolves, we evolve our response. We are strengthening the
:55:11. > :55:13.training for new prison officers and we make sure they are able to tackle
:55:14. > :55:18.criminal activity in whatever form within prison. The Secretary of
:55:19. > :55:24.State has asked the department to review its approach to dealing with
:55:25. > :55:30.Islamist extra that's prisons and we await that report shortly. --
:55:31. > :55:36.Islamist extremism in prisons. Just two weeks ago, he said, our system
:55:37. > :55:39.of justice has just become unaffordable to most. Will the
:55:40. > :55:45.Secretary of State take heed of these comments and also, it to
:55:46. > :55:50.abolition of tribunal fees, following the SNP lead? I take very
:55:51. > :55:54.seriously everything the Lord Chief Justice says. I am delighted to be
:55:55. > :55:58.able to work with him on a programme of court reform which should make
:55:59. > :56:01.access to justice swifter, more certain and cheaper. It is important
:56:02. > :56:06.that we learn from different jurisdictions. One thing I would say
:56:07. > :56:10.is that even as we look to Scotland from time to time to see what we can
:56:11. > :56:14.learn from the development of the law there, it is also important that
:56:15. > :56:17.from time to time, those charged with what happens in Scottish courts
:56:18. > :56:21.should look at the tradition of English justice fell as a Scotsman
:56:22. > :56:27.myself I would have to acknowledge has certain better elements. Would
:56:28. > :56:31.he agree with me that improving the mental health of prisoners should be
:56:32. > :56:34.a top priority? Specifically when a prisoner is released from prison
:56:35. > :56:38.with a known mental health condition that there should be close liaison
:56:39. > :56:43.between the prison 40s, local GPs and health services, to put a care
:56:44. > :56:46.plan in place? My honourable friend is absolutely right. Let me pay
:56:47. > :56:50.tribute to his long interest and great expertise in this issue. He
:56:51. > :56:55.will probably know that local commissioning groups in England and
:56:56. > :57:00.the local health boards in Wales are responsible for services in the
:57:01. > :57:05.community. NHS health care staff in prisons are responsible there. It is
:57:06. > :57:07.their job to make sure that services provided in the prison are followed
:57:08. > :57:20.through in the community. Will he work with the Immigration
:57:21. > :57:26.Minister to make sure migrant families will be evicted without a
:57:27. > :57:32.court order is contrary to the right of law and must be urgently
:57:33. > :57:44.reconsidered? I enjoyed meeting with the Home Secretary and we must
:57:45. > :57:48.ensure that we look at our borders. Immigration across the EU is not
:57:49. > :57:53.being effectively controlled. We will take measures to keep our
:57:54. > :57:58.borders secure and I thought it would be in the interests of every
:57:59. > :58:04.citizen of the UK to take part in that fight. Further to the question,
:58:05. > :58:10.does my right honourable friend agree that people in this house will
:58:11. > :58:21.find it despicable that two firms, possibly more, are actively seeking
:58:22. > :58:24.people in Iraq to make bogus claims against our servicemen overseas?
:58:25. > :58:29.Will he rejects reports in newspapers that we still intend to
:58:30. > :58:37.give legal aid to these appalling claims? I thank the honourable
:58:38. > :58:41.gentleman. I am concerned about the way the system operates and it is
:58:42. > :58:45.important we should say that there is accountability of any wrongdoing.
:58:46. > :58:51.That doesn't mean giving lawyers a licence to harass our Armed Forces.
:58:52. > :58:54.We will be looking at every angle as well as no-win, no fee and as well
:58:55. > :59:01.as disciplinary powers against lawyers who try to abuse the system.
:59:02. > :59:04.In 2012, the department spent millions refurbishing Saint Helen 's
:59:05. > :59:08.courthouse to accommodate civil and criminal proceedings in the same
:59:09. > :59:13.building declaring it was logical. Are we to assume that four years
:59:14. > :59:16.later, considering the close of the same courthouse is illogical and
:59:17. > :59:23.inefficient or would he like to rule it out today? May I say that no
:59:24. > :59:28.final decisions have been taken and we are taking into account a whole
:59:29. > :59:31.variety of reasons and this is a consultation concerning 91 courts
:59:32. > :59:38.throughout England and Wales to make our system better and one of the
:59:39. > :59:42.best in the world. Following on from my honourable friend, what steps are
:59:43. > :59:44.being taken to ensure all prisons with mental health issues are dealt
:59:45. > :59:52.with safely, appropriately and compassionately? I am glad my
:59:53. > :59:56.honourable friend has raised this issue. And every prisoner comes into
:59:57. > :00:01.prison, they have a full health assessment. That health practitioner
:00:02. > :00:09.has the ability to refer to the prison's in reach services. We now
:00:10. > :00:12.have either learning disability or mental health nurses available at
:00:13. > :00:15.police stations and in courts so we can start that mental health
:00:16. > :00:22.treatment at the beginning of their journey in the criminal system. I
:00:23. > :00:26.had the secretary will meet with me to discuss my justice for victims of
:00:27. > :00:31.criminal driving bill. Can I point out that the consultation on this
:00:32. > :00:34.did start on the 6th of May 2000 and 14. It is a long time that we will
:00:35. > :00:44.not hear anything back until later on in this year. I am grateful for
:00:45. > :00:49.that this incident -- assistant way in which he has campaigned for this.
:00:50. > :00:53.We will be discussing the case for change as there was widespread
:00:54. > :00:57.agreement that we did need change but not what change. We will get
:00:58. > :01:02.back to him in due course. Given the rate of reoffending, would it not be
:01:03. > :01:06.better to improve rehabilitation rather than incarceration,
:01:07. > :01:09.especially in relation to shorten prison sentences? He makes a
:01:10. > :01:14.powerful point and few know more about what happens in our courts as
:01:15. > :01:18.he does. It is important that would put an emphasis on rehabilitation
:01:19. > :01:22.but it is also important that we give all our citizens the security
:01:23. > :01:25.of knowing that those people who pose a real threat to us are
:01:26. > :01:31.incapacitated behind bars and receiving the punishment that they
:01:32. > :01:35.deserve the most heinous crimes. Past week, the Public Accounts
:01:36. > :01:38.Committee heard about the infrastructure authority and he was
:01:39. > :01:42.asked what the three projects were that kept him worried and they
:01:43. > :01:48.caught's programme was one of them. Add that the list of a tagging and
:01:49. > :01:54.translation service and the concerns around probation and prisons, is the
:01:55. > :02:03.secretary of this -- Secretary of State worried that his campaign, not
:02:04. > :02:10.cope with this? I will offer him another cup of cocoa to enable him
:02:11. > :02:21.to sleep as well as I do. He has gone native in record time,
:02:22. > :02:25.including hanging off every word that the Nu T says. Will the
:02:26. > :02:33.Secretary of State get back his Mojo and put the victims of crime at the
:02:34. > :02:37.heart of what he is doing? Come back Ken Clarke, all is forgiven. I am
:02:38. > :02:43.not sure our members on the opposite benches would agree I have become a
:02:44. > :02:50.sandal wearing muesli munching Cregan vague stuff. They will say I
:02:51. > :02:53.am the same blue Tory that I always have been. It is because I am a
:02:54. > :02:57.conservative that I believe in the rule of law as the foundation of our
:02:58. > :03:05.civilisation and I believe that evil must be punished. It is also because
:03:06. > :03:10.I believe in redemption and I think the purpose of our prison system is
:03:11. > :03:21.to keep people safe by making people better. We have learned about his
:03:22. > :03:26.personal habits and religious beliefs and are better off. The
:03:27. > :03:33.Prime Minister agreed to meet with me about the baby Ashes scandal. My
:03:34. > :03:36.constituent had a helpful meeting but I wondered if the Parliamentary
:03:37. > :03:39.Secretary of State will help me to get that meeting that the Prime
:03:40. > :03:49.Minister agreed to and if I could list her support? We are clear about
:03:50. > :03:52.what happened and it should never happened again, which is why the
:03:53. > :03:55.honourable lady will know we have launched our consultation in
:03:56. > :03:58.December which will conclude in March and stop I will be happy to
:03:59. > :04:04.make that representation on her behalf. The honourable gentleman
:04:05. > :04:14.hasn't had a question and I would like to have one. The Minister will
:04:15. > :04:21.be aware of the closure of Torbay Magistrates' Court. Willie helped
:04:22. > :04:25.keep justice local in the Bay? I hear the message that my honourable
:04:26. > :04:30.friend is saying and we have met and corresponded and I am giving serious
:04:31. > :04:34.consideration to all that is being put forward. Urgent question, Heidi
:04:35. > :04:46.Alexander. To ask the Secretary of State for
:04:47. > :04:50.Health if he will make a statement on NHS England's report into the
:04:51. > :05:01.death of William Mead and the failures of the 111 how -- helpline.
:05:02. > :05:05.This tragic case concerns the death of a one-year-old boy, William Mead,
:05:06. > :05:10.on the 14th of December 2014 in Cornwall. Whilst any health system
:05:11. > :05:14.will inevitably suffer some tragedies, the issues raised in this
:05:15. > :05:18.case have significant implications for the rest of the NHS which I am
:05:19. > :05:22.determined we should learn from. I would like to offer my sincere
:05:23. > :05:28.condolences to the family of William Mead. I have met William's mother
:05:29. > :05:34.who spoke movingly about the loss of her son. Quite simply, we let her,
:05:35. > :05:39.her family and William down in the worst possible way through serious
:05:40. > :05:43.failings in the NHS care offered. I would like to apologise to them on
:05:44. > :05:49.behalf of the Government and the NHS for what happened. I would like to
:05:50. > :05:54.thank them for their support and cooperation in the investigation
:05:55. > :05:58.that has now been completed. Today, NHS England published the results of
:05:59. > :06:01.that investigation, a root cause analysis of what happened. The
:06:02. > :06:05.recommendations are far reaching, with natural -- national
:06:06. > :06:09.implications. The report concludes there were four areas of missed
:06:10. > :06:15.opportunity by the local health services when a different course of
:06:16. > :06:18.action should have been taken. These include primary care and general
:06:19. > :06:25.practice appointments by William's family come out of hours calls with
:06:26. > :06:29.their GP and the NHS 111 service. Though the report concluded these
:06:30. > :06:34.did not constitute direct serious failings by the individuals
:06:35. > :06:38.involved, had different action been taken at these points, William would
:06:39. > :06:44.probably have survived. Across these different parts of the NHS, a major
:06:45. > :06:50.failing was that in the last six to eight weeks of William's life, the
:06:51. > :06:55.underlying pathology including pneumonia and chest infection were
:06:56. > :07:01.not probably recognised and treated. The report cites potential factors
:07:02. > :07:06.such as a lack of understanding of sepsis, particularly in children,
:07:07. > :07:09.pressure on GPs to reduce antibiotic prescribing and Acute Hospital
:07:10. > :07:13.referrals and although this wasn't raised by the GPs involved, the
:07:14. > :07:20.report refers to the potential pressure of work load. There were
:07:21. > :07:26.specific recommendations in relation to NHS 111 we should be treated as a
:07:27. > :07:30.national not a local issue. Call advisers are trained not to deviate
:07:31. > :07:33.from their script but the report says they need to be trained to
:07:34. > :07:39.appreciate when there is a need to probe further, how to recognise
:07:40. > :07:45.complex calls and when to call in clinical advice earlier. It cites
:07:46. > :07:52.limited sensitivity in the algorithms used by call handlers to
:07:53. > :07:55.red flag signs relating to sepsis. The Government and NHS England
:07:56. > :07:59.access these recommendations which will be implemented as soon as
:08:00. > :08:05.possible. New commissioning standards issued in October 20 15th
:08:06. > :08:10.require commissioners to create more functionally integrated 111 and GP
:08:11. > :08:16.out-of-hours services and sub Bruce's care of you will simplify
:08:17. > :08:22.the way the Government interacts with the NHS for urgent care needs.
:08:23. > :08:28.We must recognise that our understanding of sepsis across the
:08:29. > :08:33.NHS is totally inadequate. This condition claims 35,000 lives every
:08:34. > :08:36.year, including around 1000 children. I would like to add
:08:37. > :08:40.knowledge and thank my honourable friend the member for Truro and
:08:41. > :08:45.Falmouth who as well as being constituency MP to the Mead family,
:08:46. > :08:51.has worked tirelessly to raise awareness of sepsis and work closely
:08:52. > :08:54.with the UK's sepsis trust to reduce the number of avoidable deaths from
:08:55. > :09:00.sepsis. In January last year, I announced a package of measures to
:09:01. > :09:05.help improve diagnosis of sepsis in both hospitals and GP services and
:09:06. > :09:09.significant efforts are being made to improve awareness of the
:09:10. > :09:13.condition amongst doctors and the public. The tragic death of William
:09:14. > :09:24.Mead reminds us there is much more to be done. Anyone who watched the
:09:25. > :09:29.courageous interviews Melissa Mead gave this morning could not fail to
:09:30. > :09:33.be moved by this tragic case. I pay tribute to Melissa and her husband,
:09:34. > :09:37.Paul, who have fought to know the truth about their son's death and
:09:38. > :09:43.who are now campaigning to raise awareness and improve care of
:09:44. > :09:48.sepsis. It is right that we express our sorrow at what has happened and
:09:49. > :09:53.the Health Secretary was right to apologise on behalf of the NHS. The
:09:54. > :09:58.key now is to ensure the right lessons are learned and that action
:09:59. > :10:03.is taken. As the Secretary of State noted, the report found a catalogue
:10:04. > :10:06.of failures that contributed to William's death, including four
:10:07. > :10:11.missed opportunities where a different course of action should
:10:12. > :10:16.have been taken. I want to press the Health Secretary on these areas.
:10:17. > :10:23.Firstly, the report said that William saw GPs six times in the
:10:24. > :10:26.months leading up to his death but none spotted the seriousness of the
:10:27. > :10:33.chest infection that cost him his life. Ministers were warned about
:10:34. > :10:37.poor sepsis care back in September 2013 when an ombudsman report
:10:38. > :10:41.highlighted and I quote, shortcomings in a initial assessment
:10:42. > :10:46.and delay in emergency treatment which led to missed opportunities to
:10:47. > :10:53.save lives. Can Health Secretary say what action was taken following that
:10:54. > :10:59.report? Why was it only in December 2015, over two years later, that NHS
:11:00. > :11:04.England finally published an action plan to help support NHS staff
:11:05. > :11:11.recognise and treat sepsis? Second, the report found that the NHS 111
:11:12. > :11:14.helpline failed to respond adequately to Melissa's Corp. The
:11:15. > :11:19.report concluded that if it had been a doctor or nurse taking her call,
:11:20. > :11:25.they would have probably seen the need for urgent action. The
:11:26. > :11:29.replacement of NHS Direct which was predominantly a nurse led service
:11:30. > :11:35.with NHS 111, means the service relies on call handlers who receive
:11:36. > :11:43.as little as six weeks training. When would the Health Secretary
:11:44. > :11:47.Daschle Wenallt... When he increased the number of clinically trained
:11:48. > :11:53.staff available to respond to calls? The report says that the computer
:11:54. > :11:58.programme call handlers are using did not cover some of the symptoms
:11:59. > :12:02.of sepsis including a drop in body temperature from very high to low.
:12:03. > :12:07.Does the Health Secretary have confidence that the 111 service is
:12:08. > :12:13.fit to diagnose patients with complex life-threatening problems,
:12:14. > :12:14.you may not always fit the computer algorithm call handlers have to rely
:12:15. > :12:27.on. Finally, can I ask the Secretary of
:12:28. > :12:31.State what he is doing to raise awareness of the symptoms of sepsis?
:12:32. > :12:35.I know that this is an issue Melissa and Paul feel particularly strongly
:12:36. > :12:40.about. And we owe it to them to implement the recommendations of the
:12:41. > :12:44.NHS England report and do all we can to ensure the failures in this
:12:45. > :12:55.tragic case are never, ever repeated again. I hope I can reassure the
:12:56. > :12:58.Shadow Health Secretary on all the points she raised. First of all,
:12:59. > :13:04.there has been a sustained effort across the NHS since September 2013
:13:05. > :13:10.to improve the standard of safety in the care that we offer in our
:13:11. > :13:15.hospitals. An entirely new inspection system was set up that
:13:16. > :13:19.year. That is now nearly completed. Inspections of every hospital have
:13:20. > :13:22.caused a sea change in attitudes towards patient safety. And sepsis
:13:23. > :13:29.is one of the areas which is looked at. In particular it is incredibly
:13:30. > :13:32.potent when signs of sepsis are identified in A departments, that
:13:33. > :13:36.the right antibiotic treatment is started within six to minutes. That
:13:37. > :13:40.is not happening everywhere. We need to raise awareness urgent leader
:13:41. > :13:46.make that happen. But inspection regime is helping to focus minds on
:13:47. > :13:51.that. I agree with her, there are some very important issues on 111,
:13:52. > :13:57.and I will come to those. A year ago I announced an important package to
:13:58. > :14:02.raise awareness of sepsis. It covers the different parts of the NHS. ,
:14:03. > :14:07.for example, in hospitals, spotting it quickly. There was a big package
:14:08. > :14:13.which was being followed in December of last year, December the 15th,
:14:14. > :14:16.with NHS England publishing the sepsis programme board report, which
:14:17. > :14:21.looks at how to improve identification of sepsis across the
:14:22. > :14:26.pathway. She is right to raise the issue of faster identification by GP
:14:27. > :14:30.is. That's why last January I announced that we would be
:14:31. > :14:35.developing an audit tool for GPs. Because it is difficult to identify
:14:36. > :14:40.sepsis, even for trained clinicians. And we need to give GPs the help and
:14:41. > :14:43.support that they need to do that. We are also talking to public of
:14:44. > :14:48.England about a public awareness campaign. It is not just clinicians
:14:49. > :14:51.in the NHS, it is also a member is of the public and parents of young
:14:52. > :14:58.children who need to be aware of some of those tell-tale signs. So
:14:59. > :15:02.there is a lot happening. But because the root cause of the issue
:15:03. > :15:08.is understanding by clinicians on the front line of this horrible
:15:09. > :15:12.disease, it does take some time to develop that greater understanding
:15:13. > :15:16.that everybody accepts that we need. But I can reassure her that there is
:15:17. > :15:20.a total focus in the NHS now on reducing the number of avoidable
:15:21. > :15:24.deaths from sepsis and other causes. This is something which the NHS and
:15:25. > :15:30.everyone who works in it is totally committed to. With respect to 111, I
:15:31. > :15:35.think there are some things that we can do quickly which we must do in
:15:36. > :15:40.response to this report. But I think there is a more fundamental change
:15:41. > :15:43.which we need in 111 as well. The thing we can do quickly is to look
:15:44. > :15:46.at the algorithms which are used by the call handlers to make sure that
:15:47. > :15:51.they are sensitive to those red flag signs of sepsis. this is a very,
:15:52. > :16:01.very important thing which needs to happen. NHS 111 has in some ways
:16:02. > :16:06.Bina victim of its own success. It is taking 12 million calls a year,
:16:07. > :16:10.as opposed to 4 million which were being taken by NHS Direct just three
:16:11. > :16:15.years ago. Nearly nine out of ten of those calls are being answered
:16:16. > :16:18.within 60 seconds. But when it comes to the identification of diseases
:16:19. > :16:21.like sepsis, we need to do better. We need urgently to look at the
:16:22. > :16:30.algorithm followed by the call handlers. But fundamentally, when
:16:31. > :16:33.you look at the totality of what the family of William Mead suffered,
:16:34. > :16:36.there is a confusion in the mind of the public which the NHS needs to
:16:37. > :16:42.address about what exactly you do when you have an urgent care need.
:16:43. > :16:45.When you have a child with a high temperature, you do not know whether
:16:46. > :16:50.you should just give them some kelp or whether it is something which
:16:51. > :16:53.needs serious clinical attention. The issue is that there are too many
:16:54. > :16:59.choices and often you cannot get through quickly to the help you
:17:00. > :17:03.need. We need to improve the simpler city of the system so that when you
:17:04. > :17:08.get through to anyone want one, you are not asked about Russia
:17:09. > :17:11.questions, some of which seem quite meaningless, which gets to the point
:17:12. > :17:15.more quickly, you are referred to clinical care more quickly, and that
:17:16. > :17:19.we sympathise the options so that people know what to do. That is
:17:20. > :17:24.happening as part of the urgent and emergency care review. It is a big
:17:25. > :17:29.priority. This tragic case will make us accelerate that process even
:17:30. > :17:33.faster. I would like to join colleagues from across the House in
:17:34. > :17:37.sending deepest condolences to William Mead's parents. I welcome
:17:38. > :17:40.Secretary of State solely responsible he will put into action
:17:41. > :17:45.the recommendation from the report. Can I draw out one aspect which has
:17:46. > :17:50.not been touched on, which is the comment that out of our services did
:17:51. > :17:53.not have access to William Sery clinical records, and have they been
:17:54. > :17:58.able to do so, would have seen how many times he had consulted, and
:17:59. > :18:02.that would have been a clear red flag. Can he reassure me that this
:18:03. > :18:06.will be addressed across the NHS so that all services have access to
:18:07. > :18:11.patients's clinical records, of course with their consent? She is
:18:12. > :18:15.absolutely right. There is so much in this report and it is important
:18:16. > :18:18.we do not let some very important recommendations slipped under the
:18:19. > :18:23.carpet and that is one of them. We have a commitment to a ablest NHS,
:18:24. > :18:26.which as part of that commitment will involve the proper sharing of
:18:27. > :18:34.electronic records across the system. We have also instructed CCGs
:18:35. > :18:37.to integrate the commissioning of out of hours care with the
:18:38. > :18:42.commissioning of their 111 services to further make sure that those are
:18:43. > :18:46.joined up. It is a big IT project. We are making progress. Two thirds
:18:47. > :18:53.of A departments can now access GP records. She is right, that is a
:18:54. > :18:57.priority. As others have said, I would also like to add my
:18:58. > :19:01.condolences for the family. It is hard to imagine anything worse for a
:19:02. > :19:06.family to face. Like many deaths in the NHS, it is always sad to look
:19:07. > :19:10.back and see that it was a catalogue of missed opportunities or errors.
:19:11. > :19:14.One of the things I would like to pick up is, young children are very
:19:15. > :19:18.hard to assess. They are quite hard to assess when you are seeing them.
:19:19. > :19:23.They can be running around and then keel over half in a later. I think
:19:24. > :19:28.they are particularly hard to pick up clues on the phone. When the NHS
:19:29. > :19:31.Direct services throughout the UK were started, they were based in
:19:32. > :19:36.local out of hours GP centres, which meant the nurse could just pass the
:19:37. > :19:41.phone and say, can you come and chat? I am not sure. We have rules
:19:42. > :19:44.in our local one that if it was a young child, they actually got a
:19:45. > :19:49.visit from the mobile car. I would hope that the Secretary of State
:19:50. > :19:54.might undertake that in this review, instead of it all being put in call
:19:55. > :19:58.centres, there might actually be a dissemination back to a local system
:19:59. > :20:05.so that these cases can be accelerated easily to a clinician. I
:20:06. > :20:09.agree with the broad thrust of what she says. Of course she speaks with
:20:10. > :20:14.the authority of an experienced clinician herself. In this case, the
:20:15. > :20:23.tragedy was that there was actually a doctor who spoke to the Mead
:20:24. > :20:26.family on the night before William died, and the doctor did not spot
:20:27. > :20:30.those symptoms. So it is not simply a question of access to the doctor,
:20:31. > :20:35.it is making sure the doctors have the training necessary. It is very
:20:36. > :20:38.difficult. The doctor's view on that occasion was that because the child
:20:39. > :20:42.was sleeping peacefully, it was fine to leave it until morning, when it
:20:43. > :20:46.was tragically too late. That is a mistake I am sure other doctors
:20:47. > :20:52.would say could be made easily by anyone. I think the report is right
:20:53. > :20:56.to say it is not about individual blame, it is about a better
:20:57. > :21:03.understanding of the risks of sepsis. I think she is right to say
:21:04. > :21:06.that in the 11 service -- in the 111 service, which, because it is an
:21:07. > :21:10.easy number to remember, and because we are trying to join up the
:21:11. > :21:14.services, the principle of having one number that you dial, when it is
:21:15. > :21:18.not life-threatening, and it is not a routine GP appointment, is a good
:21:19. > :21:22.one. We support that. But we need to make sure there is faster access to
:21:23. > :21:26.clinicians, and that those clinicians can see people's medical
:21:27. > :21:35.records so that they can make a proper assessment. Mr Speaker, as
:21:36. > :21:44.Chair of the APPG on sepsis, can I also pay tribute to the Mead family
:21:45. > :21:47.move now campaigning to make sure that no other child suffers in the
:21:48. > :21:51.same way that William did. I know that the Secretary of State is
:21:52. > :21:54.taking a great deal of interest in the work the trust has been doing
:21:55. > :21:59.with the APPG. He will know that we are pressing for a campaign similar
:22:00. > :22:04.to the stroke campaign, so that early diagnosis can save lives. Will
:22:05. > :22:07.the Secretary of State now consider very seriously funding a campaign
:22:08. > :22:12.such as the Fast campaign for sepsis, because there are thousands
:22:13. > :22:16.of preventable deaths which could now be brought about by some simple
:22:17. > :22:27.funding of a campaign so that everyone is aware of the signs of
:22:28. > :22:30.sepsis? I am very happy to undertake that my colleague, the public Health
:22:31. > :22:36.Minister, will look urgently into whether such a campaign would be the
:22:37. > :22:39.right thing to do. I can reassure her that the package that we put
:22:40. > :22:45.together and which I announced last January did contain what I think
:22:46. > :22:48.most people felt was necessary. But we can always look at whether there
:22:49. > :22:56.is more that needs to be done. I want to commend her for her
:22:57. > :23:00.campaigning on the issue of sepsis. The one more positive note I would
:23:01. > :23:07.say is that in the NHS, when we have decided to tackle things like MRSA
:23:08. > :23:12.and C difficile in the past, we have actually been very successful. In
:23:13. > :23:16.the last three years, the number of avoidable deaths from
:23:17. > :23:21.hospital-acquired harm, the four major ones, has nearly halved. So we
:23:22. > :23:27.can do this and I think we should be inspired by the successes we have
:23:28. > :23:31.had. One of the reasons that the number of calls to anyone want one
:23:32. > :23:34.has troubled of course is that people find it impossible to get to
:23:35. > :23:39.see their GP. But as well as the shocking failings of this family's
:23:40. > :23:43.GP is in this case, is it not the case that the government was warned
:23:44. > :23:48.when it abolished the popular and successful NHS Direct of the
:23:49. > :23:51.consequences of that action, of replacing it with a non-clinician
:23:52. > :23:55.led service? And would the Secretary of State look personally at the
:23:56. > :23:59.performance of 111 in the south-west, which has been
:24:00. > :24:05.bedevilled by failings ever since it was set up? I would just gently say
:24:06. > :24:10.to the right honourable gentleman that when 111 was set up, it was
:24:11. > :24:12.done with the support of the opposition. The Shadow Health
:24:13. > :24:18.Secretary at the time actually looked at the risk register. And the
:24:19. > :24:21.number of calls have increased grammatically partly because demand
:24:22. > :24:25.for NHS services has increased dramatically. But that does not mean
:24:26. > :24:29.to say there are not important things which need to be improved. I
:24:30. > :24:33.think we need to look honestly at what went wrong. 111 was one of the
:24:34. > :24:39.four areas where we should have done better. I am happy to look carefully
:24:40. > :24:42.at what is happening with 111 in the south-west of one thing we are
:24:43. > :24:47.improving with one want one is, in many areas, we are integrating the
:24:48. > :24:51.commissioning of 111 with the bill and service. That is actually
:24:52. > :24:54.something which happens in the south-west and I think on the whole
:24:55. > :25:00.it has been positive. But I am happy to look at the problems which I know
:25:01. > :25:03.have occurred in the south-west. Can I associate myself with the
:25:04. > :25:06.condolences which have been paid to the Mead family? Given the
:25:07. > :25:09.seriousness of this case, what more can Secretary of State do to
:25:10. > :25:19.reassure us about the clinical and expert oversight of the service and
:25:20. > :25:24.its methods? All 111 services have clinicians present at call centres.
:25:25. > :25:27.It is not about the availability of clinicians, it is about the speed
:25:28. > :25:31.with which they are involved in cases where they can make the
:25:32. > :25:34.difference. It is also about the training of those clinicians so that
:25:35. > :25:40.they can recognise horrible infections like sepsis quickly. So
:25:41. > :25:47.it is a combination of things. I think the important opportunity here
:25:48. > :25:49.is that if we are to give the public confidence in a simpler system,
:25:50. > :25:54.where they have a single point of contact, albeit a phone line or a
:25:55. > :25:57.website, then they need to be confident that if they are not
:25:58. > :26:00.immediately speaking to someone clinically trained, they will be put
:26:01. > :26:04.through to someone clinically trained if it is necessary. We have
:26:05. > :26:12.not earned that confidence yet which is why it is so important to learn
:26:13. > :26:17.lessons from this tragic case. I was the minister who set up NHS Direct.
:26:18. > :26:21.One of the first cases where we had to review it was a case of
:26:22. > :26:23.meningitis. Can I therefore say to the Secretary of State that just
:26:24. > :26:28.looking at algorithms with call handlers will not be sufficient? It
:26:29. > :26:35.is clinically exceptionally difficult and his review is too
:26:36. > :26:38.limited to address the problem. I understand what she is saying. Of
:26:39. > :26:43.course I would listen to her because of her experience. But that is not
:26:44. > :26:47.just what we are doing. We are doing lots of other things. There are many
:26:48. > :26:51.recommendations in this report. One of them is to look at the algorithms
:26:52. > :26:55.that the call handlers use to make sure that they are more sensitive to
:26:56. > :27:00.some of the red flag signs of sepsis and meningitis and other conditions.
:27:01. > :27:03.But there are lots of other things, including earlier access to
:27:04. > :27:10.clinicians, including the training of those clinicians, including the
:27:11. > :27:15.out of hours service, the training of GPs and people in hospitals. So
:27:16. > :27:16.there is a much bigger body of work which we will be undertaking as a
:27:17. > :27:34.result of this review. Can I welcome him in the out of
:27:35. > :27:39.hours service continuation? Could ease their word about what he's
:27:40. > :27:44.doing to recruit, obtain and support GPs in providing round-the-clock air
:27:45. > :27:51.that people clearly need? I have said before at this dispatch box, I
:27:52. > :27:55.think successive governments have underinvested in general practices,
:27:56. > :27:59.one of the reasons why it takes to long for many people to get a GP
:28:00. > :28:03.appointment. That is why we have said we want around 5000 more
:28:04. > :28:08.doctors working in general practice by the end of the parliament. On the
:28:09. > :28:14.other side, it is improving our offer to the public. When you have a
:28:15. > :28:18.child with a temperature are fever, and you are not sure, it is the
:28:19. > :28:23.weekend. Very often we offer the public a choice between an out of
:28:24. > :28:29.hours GP appointment, a weekend appointment with your GP's surgery,
:28:30. > :28:34.111, all showing up at accident and emergency. If we have to improve
:28:35. > :28:40.standards of care, we need to standardise safety standards across
:28:41. > :28:51.the NHS, including standards for spotting attentional sepsis cases.
:28:52. > :28:58.The shadow secretary of health commented about concerns of
:28:59. > :29:06.effectiveness for call handlers of the 111 service. How many cases from
:29:07. > :29:13.111 have been misdiagnosed? We don't know. But we believe, in terms of
:29:14. > :29:18.the independent case notes analysis that has been done across the NHS,
:29:19. > :29:23.not just sepsis, but hospital deaths, we think there are 200
:29:24. > :29:28.avoidable deaths each week. That is something we share with other health
:29:29. > :29:34.systems, not just an NHS for Norman. That is why we are asking hospitals
:29:35. > :29:36.to publish what they estimate their avoidable deaths are, and we are
:29:37. > :29:42.having in international summit next month. When it comes to sepsis, we
:29:43. > :29:46.think there are 12,000 avoidable deaths each year. That is a
:29:47. > :29:52.combination of different parts of the NHS, GP, hospital, or 111 not
:29:53. > :30:01.spotting those signs earlier. That is what we are determined to put
:30:02. > :30:05.right. Looking across the NHS, at how we insured learning and
:30:06. > :30:11.behaviour change, can the Secretary of State update the House about how
:30:12. > :30:16.the payment system is altering, and we are ensuring better outcomes and
:30:17. > :30:21.diagnosis? We are doing that as far as hospitals are concerned. I should
:30:22. > :30:25.clarify, when I took about 200 avoidable deaths, that is hospital
:30:26. > :30:30.deaths. Not in relation to the 111 service. Much harder to quantify
:30:31. > :30:35.avoidable deaths in the out-of-hospital scenarios. We are
:30:36. > :30:42.determined to do that, going further and faster than any other country I
:30:43. > :30:46.am aware of, as part of our commitment to make the NHS the Sega
:30:47. > :30:51.system in the world. In his answer he said this report is far reaching
:30:52. > :30:55.with national implications. It should have been a statement, not an
:30:56. > :31:01.urgent question. Can I just ask him, he did not answer the question on
:31:02. > :31:06.the number of misdiagnosis only 111 system. He needs to give us more
:31:07. > :31:14.detail how many misdiagnosis there are. There are reports that there
:31:15. > :31:20.are other deaths of young children associated with these deaths. Can he
:31:21. > :31:23.give any formation on that? What I would say to the honourable
:31:24. > :31:26.gentleman, I did think anyone could have done more than this and has
:31:27. > :31:32.done to tackle the issue of avoidable deaths across the NHS. It
:31:33. > :31:37.is much harder to identify when a death is unavoidable when it happens
:31:38. > :31:42.in and out of hospital scenario. As part of our work in reducing
:31:43. > :31:47.avoidable deaths after mid Staffordshire, we are looking at
:31:48. > :31:50.primary care generally. Our first priority is to reduce the avoidable
:31:51. > :31:54.deaths in hospital, making sure we can learn from reports like this,
:31:55. > :32:02.when they point to improvements that need to be made in the 111 service.
:32:03. > :32:08.I join in with the condolences expressed in the House. By way of
:32:09. > :32:12.tribute to the family and their campaign to raise awareness of
:32:13. > :32:17.sepsis, and the Simpsons, I wonder if each and every parent can take
:32:18. > :32:23.the small and practical step to day, to Google the symptoms of sepsis, so
:32:24. > :32:28.we know when things are not right with our children, and we are better
:32:29. > :32:43.armed to tackle doctors when we're not getting the answers we need? I
:32:44. > :32:48.did exactly that this morning after hearing Mrs Mead's statement on the
:32:49. > :32:51.radio. Can I thank her for that important intervention. If we're
:32:52. > :32:58.going to with these 1000 tragic sepsis deaths in children each year,
:32:59. > :33:04.it needs involvement from all of us, not the NHS. I will look at what
:33:05. > :33:08.Public Health England are doing to raise awareness. The public Health
:33:09. > :33:13.Minister is looking at what health visitors can do to boost awareness
:33:14. > :33:18.of sepsis. We'll have a responsibility to understand the
:33:19. > :33:25.better. Last November, I contacted the minister because of south-east
:33:26. > :33:29.coast ambulance 111 service carried out a trial, but three poor
:33:30. > :33:37.governance it failed, putting patients at risk. It turned out his
:33:38. > :33:40.department only heard about this after my contact. As part of the
:33:41. > :33:44.statement, is it true that the garment is becoming reactive, and is
:33:45. > :33:52.not proactive enough to tackle these before they become statement in the
:33:53. > :33:58.House? Not at all, I would urge members in the house opposite not to
:33:59. > :34:03.try and make political capital when tragedies like this happen. In the
:34:04. > :34:06.wake of the Francis Report into mid Staffordshire, we have done more
:34:07. > :34:12.than any government has ever done to tackle the issue of how we improve
:34:13. > :34:19.the safety of care in the NHS. We know that if you take the four most
:34:20. > :34:23.common harms, you're in every tract infections, pressure ulcers, and
:34:24. > :34:28.falls, the number of these has fallen by 45% in the last three-year
:34:29. > :34:35.is. -- you're in every tract infections. We are never taken
:34:36. > :34:43.placement, that is why we are taking so seriously the report issued
:34:44. > :34:50.today. This is a tragic case. Our thoughts are today with the Mead
:34:51. > :34:56.family. Looking to describe antibiotics payday key part in this
:34:57. > :35:00.tragedy. Does the Secretary of State agree this is a significant global
:35:01. > :35:04.problem, and we need to commit significant investment to get? I'm
:35:05. > :35:08.very grateful to my honourable friend for raising the issue, which
:35:09. > :35:14.has not been raised so far this afternoon. He is absolutely right,
:35:15. > :35:20.we have a pressing global need to reduce the prescribing of
:35:21. > :35:24.inappropriate antibiotics. That is why the training of clinicians is so
:35:25. > :35:29.important. In the case of sepsis, not only is the prescribing of
:35:30. > :35:36.antibiotics appropriate, but it is essential to do it quickly. We
:35:37. > :35:39.absolutely need to make sure, as we trained GPs, to reduce the
:35:40. > :35:42.prescribing of antibiotics, we don't develop the resistance to
:35:43. > :35:47.antibiotics which would be so disastrous for global health. That
:35:48. > :35:55.they don't avoid doing that in cases where it is absolutely essential.
:35:56. > :35:59.The Health Secretary said the NHS 111 was a victim of its own success.
:36:00. > :36:03.Can I agree with my right honourable friend for Exeter, it is so
:36:04. > :36:10.difficult to see a doctor, just as on the 2nd of January, the Daily
:36:11. > :36:16.Mail was reporting that the Royal Infirmary with telling people not to
:36:17. > :36:21.come to accident and emergency, but use 111. Cases like this have
:36:22. > :36:27.national implications, with the secretary agree that there need to
:36:28. > :36:33.be more clinicians at NHS 111? I do agree with her that we need more
:36:34. > :36:38.clinicians and primary health care and we need to increase provisions
:36:39. > :36:46.and secondary health care. She has a new accident and emergency system
:36:47. > :36:51.opening in Hull. But we need more clinicians and primary care to deal
:36:52. > :36:55.with these issues more quickly, to deal with issues like sepsis. That
:36:56. > :37:00.is why the garment is investing ?10 million more in the NHS on an annual
:37:01. > :37:09.basis in real terms in order to step up the improvement in the services
:37:10. > :37:15.we offer. Will he put a higher proportion of clinicians in 111? We
:37:16. > :37:21.will certainly look at whether we need to have more clinicians in 111.
:37:22. > :37:26.We do have them available. My own view is it is the separation of the
:37:27. > :37:29.out-of-hours services and the 111 service which is the heart of the
:37:30. > :37:32.problem we are looking to deal with there. As part of the review we will
:37:33. > :37:41.look at the availability of clinicians in 111. I too would like
:37:42. > :37:45.to add my condolences to the Mead family. I can only imagine after
:37:46. > :37:48.being told not to worry and this was nothing serious, this was a
:37:49. > :37:52.catalogue of failures, not just 111. catalogue of failures, not just 111.
:37:53. > :37:57.Is there consideration of the decision by GPs not to take
:37:58. > :38:04.William's heart rate, that should not have happened. And reluctance
:38:05. > :38:09.not to refer young patients to the clinic centre. If that is the case,
:38:10. > :38:14.the behaviour needs to be changed? We are looking at all these things,
:38:15. > :38:20.I can assure you. As with the issue of the prescribing antibiotics,
:38:21. > :38:23.raised by my honourable friend, we want GPs to avoid inappropriate
:38:24. > :38:29.referrals to secondary care, but it is absolutely vital that when a
:38:30. > :38:34.referral is needed, it happens. We see this not just in cases of
:38:35. > :38:37.sepsis, but cancer, vital it is caught earlier, if were going to
:38:38. > :38:45.have successful outcomes of the treatment. He is absolutely right,
:38:46. > :38:48.it will be looked at. I commend the Shadow Secretary of State for
:38:49. > :38:53.securing this urgent question. Earlier the Secretary of State said
:38:54. > :38:56.he felt that the public have confidence in 111, because of the
:38:57. > :39:02.pie call volumes, and they have increased. I don't think that is the
:39:03. > :39:07.case. Confidence in 111 is shaky at best. This case could well shatter
:39:08. > :39:14.that confidence even further. Unlike the confidence we felt when we had
:39:15. > :39:21.NHS Direct. What is he going to do to make sure that, as well as
:39:22. > :39:25.listening to people, he will involve patients in determining what they
:39:26. > :39:29.need in 111, to give back the confidence, which we need to have
:39:30. > :39:37.two avoid the pressure on the rest of the service? She is right, the
:39:38. > :39:42.importance of involving patients when we have these tragedies. I did
:39:43. > :39:49.say in my response to the urgent question, how grateful I was to the
:39:50. > :39:53.Mead family in their cooperation. One of the things the report talks
:39:54. > :39:56.about is early involvement, and listening to parents and families in
:39:57. > :40:02.these kind of situations, that has been important. I would caution for
:40:03. > :40:08.about dismissing the service offered by 111 in a blanket way. There are
:40:09. > :40:12.lots of people, clinicians, call handlers, who worked extremely hard,
:40:13. > :40:18.dealing with about 1 million calls a month. The vast majority of those
:40:19. > :40:21.cases have satisfactory outcomes. Does that mean there are not
:40:22. > :40:26.significant improvements that we need to make to the service? No, it
:40:27. > :40:30.does not, and we must do things better and learn the lessons from
:40:31. > :40:36.this report. My thoughts are also with the Mead family today. The
:40:37. > :40:39.diagnosis of conditions, including sepsis, must be carried out with
:40:40. > :40:48.those with the highest level of clinical skills. Can the 111 system
:40:49. > :40:57.be put back into the hands of highly trained clinicians? Those trained to
:40:58. > :41:00.diagnose, instead of non-staff? Mr Speaker, I think that is a
:41:01. > :41:04.misrepresentation of what happens with 111, because there are
:41:05. > :41:08.clinicians in every call centre. There are not physically enough
:41:09. > :41:15.doctors and nurses to have them answering every single call, and the
:41:16. > :41:19.device from the clinicians in the NHS responsible for the 111 service
:41:20. > :41:23.is that it would not be appropriate. What matters, if you are doing the
:41:24. > :41:27.triage you talk about, when a clinician needs to be involved, they
:41:28. > :41:31.involve more quickly than happened in the current case. That is the
:41:32. > :41:43.lesson this government is determined to learn. Point of order. Thank you
:41:44. > :41:46.very much, I was alarmed during questions, to see the honourable
:41:47. > :41:52.member for Cheltenham, dissenting from a quote I prescribed in the
:41:53. > :41:56.Justice select committee. I understand why, the quote was
:41:57. > :42:01.correct, but it was a different honourable member. Having known the
:42:02. > :42:07.honourable member for Cheltenham, I'm anxious to correct the error,
:42:08. > :42:09.noting it shows that his independence of thought, that I
:42:10. > :42:16.couldn't credited him with the question, and his magnanimity that
:42:17. > :42:21.he trusted me to set the record straight. It is very good to know
:42:22. > :42:22.that the honourable gentleman has been gracious, and he has been
:42:23. > :42:43.willing to admit to error. I would be grateful for your advice
:42:44. > :42:47.on how we can determine the governments policy on a sensitive
:42:48. > :42:50.issue. Following the flooding, I wrote to the Prime Minister asking
:42:51. > :42:55.him to apply for funding from a European fund. Applications for this
:42:56. > :43:00.fund must be made within 12 weeks of the flooding taking place. I also
:43:01. > :43:05.wrote to the Foreign Commonwealth Office asking if they would make it
:43:06. > :43:09.their policy to apply for funding. The Foreign Office replied they
:43:10. > :43:15.would not be able to apply in time. On the 20th of January I received an
:43:16. > :43:19.answer from the FCO, telling me it was not their responsibility. More
:43:20. > :43:27.than a month to tell me it was not their responsibility. On the same
:43:28. > :43:31.day I received a letter from DEFRA, so why would the Prime Minister
:43:32. > :43:35.transfer my correspondence to a department which does not have
:43:36. > :43:40.responsibility for the matter? Since my ritual correspondence, six weeks
:43:41. > :43:43.have passed, and many of my constituents are again flooding
:43:44. > :43:48.today. We are coming closer and closer to the deadline. It might
:43:49. > :43:54.even appear that the government was trying to delay until it became too
:43:55. > :43:58.late to apply for assistance. But how can a member of this House apply
:43:59. > :44:03.for government policy if the government will not tell us what it
:44:04. > :44:05.is, or if they do not have one? I think the honourable gentleman for
:44:06. > :44:10.his point of order and forgiving me notice of it. It appears that the
:44:11. > :44:14.honourable member has received a most unsatisfactory response from
:44:15. > :44:17.the weather to his question and his correspondence on a matter which is
:44:18. > :44:22.clearly of urgent interest to his constituents. While it is for the
:44:23. > :44:27.government to decide which department has lead responsibility
:44:28. > :44:29.for a matter, it is clearly important to Parliamentary scrutiny
:44:30. > :44:35.and public accountability that government is clear and consistent
:44:36. > :44:38.on where responsibility lies. What the honourable gentleman has said
:44:39. > :44:47.will have been heard on the Treasury benches and will I trust... Be
:44:48. > :44:52.conveyed to the relevant ministers. If the honourable gentleman wishes
:44:53. > :44:55.to pursue the specific matter of the unsatisfactory response to his
:44:56. > :44:59.Parliamentary question, he may wish to write to the Chair of the
:45:00. > :45:03.procedure committee, the honourable gentleman the member for Broxbourne,
:45:04. > :45:08.because his committee monitors these important matters. I hope that that
:45:09. > :45:12.will serve the honourable gentleman for now and be a useful guide to
:45:13. > :45:18.members across the House. Point of order. Mr Speaker, this is a point
:45:19. > :45:23.of order about the rights of backbenchers to be heard in this
:45:24. > :45:26.Chamber. You will know Mr Speaker that some of us are very good
:45:27. > :45:32.attenders at business questions on Thursday. Last Thursday I think the
:45:33. > :45:36.front benches took 25 minutes in terms of their contribution, which
:45:37. > :45:41.really does, I know you are very generous, but the predominance of
:45:42. > :45:45.the front bench, all three front benches, went on for a very long
:45:46. > :45:50.time. And it does squeeze the genuine backbencher. And on these
:45:51. > :45:57.benches we are genuine backbenchers, fighting all the time to get space
:45:58. > :46:01.against the frontbenchers, who are also backbenchers part-time. So if
:46:02. > :46:08.you could have a little bit of a word. I also have to say, I have
:46:09. > :46:11.never known such a nasty, acrimonious jousting between the two
:46:12. > :46:17.front benches last Thursday. Wasn't funny and it wasn't nice. I note
:46:18. > :46:22.what he says, to which I would just respond as follows. I note what he
:46:23. > :46:26.says about him never having witnessed such unpleasantness in
:46:27. > :46:31.exchanges. I have never witnessed, in nearly 19 years in the House, the
:46:32. > :46:39.honourable gentleman being squeezed by anybody. The honourable gentleman
:46:40. > :46:43.almost invariably gets in. But I do take on board the very serious point
:46:44. > :46:48.he makes. Although I don't think in the end members get squeezed if they
:46:49. > :46:53.have the time to stay, because the record shows that almost invariably,
:46:54. > :46:56.I let business questions run until everybody has had a chance to
:46:57. > :47:00.contribute, which was not always the practice in the past. I do accept
:47:01. > :47:03.that people have got time constraints and they may have to go
:47:04. > :47:10.elsewhere, including constituency and Parliamentary duties. And
:47:11. > :47:16.therefore it is quite important that they should not have to wait an
:47:17. > :47:21.excessive period of time. My own view is similar to that of the
:47:22. > :47:25.honourable gentleman - I think the frontbenchers are taking too long,
:47:26. > :47:28.and they have started to take longer recently, not only on account of the
:47:29. > :47:34.involvement of the Scottish National Party, which is a very legitimate
:47:35. > :47:38.and proper involvement, but also because, between the government
:47:39. > :47:40.front bench and the official opposition, those exchanges are
:47:41. > :47:48.taking too long. Frontbenchers have now been duly chided not just by the
:47:49. > :47:54.Chair but very importantly by an honourable member with, in May, 37
:47:55. > :47:59.years uninterrupted service in the House, namely the honourable
:48:00. > :48:03.gentleman. I hope that message will be duly heeded, starting this
:48:04. > :48:07.Thursday. And I will have the point in mind as I hear the shadow leader
:48:08. > :48:17.and the leader. I hope that is helpful. Well, it seems only
:48:18. > :48:21.yesterday that the honourable gentleman entered the House, he
:48:22. > :48:25.scarcely seems old enough to have been here for 37 years, but it is
:48:26. > :48:31.nevertheless a fact. Or it will be in May. We come now to the ten
:48:32. > :48:37.minute rule motion, Mr Gareth Thomas.
:48:38. > :48:41.I beg to move that leave be given to bring in a bill to make provision
:48:42. > :48:45.about the entitlement of employees to benefit from profits made by
:48:46. > :48:49.their employers in certain circumstances, to require a company
:48:50. > :48:54.to allocate one seat on its board to an employee representative and for
:48:55. > :48:59.connected purposes. Mr Speaker, if you work hard for a company and help
:49:00. > :49:02.it succeed and make a profit, then surely the owner should share a
:49:03. > :49:07.little of those profits with you and other employees. The best companies
:49:08. > :49:10.already do. The best companies also want their staff involved in
:49:11. > :49:12.decision-making at the highest level, using their knowledge and
:49:13. > :49:18.expertise to help plot company strategy and keep senior management
:49:19. > :49:20.on their toes. In truth, Britain has a productivity and fairness problem.
:49:21. > :49:24.Despite numerous initiatives, we are Despite numerous initiatives, we are
:49:25. > :49:28.behind our main competitors in terms of productivity whilst at the same
:49:29. > :49:32.time inequality continues to grow. Changing the way companies work, how
:49:33. > :49:36.they take key decisions and who is involved in those decisions is one
:49:37. > :49:43.essential for sorting these problems out. We lag behind the rest of the
:49:44. > :49:50.G7 and most of the G20 in how productive our economy is. For
:49:51. > :49:55.2010-14, annual average labour productivity was lower in Britain
:49:56. > :49:58.than in any other G20 or G7 country. Whilst executive pay has shot up in
:49:59. > :50:02.recent years, the incomes of the rest of the workforce have struggled
:50:03. > :50:07.to keep pace even with historically low levels of inflation. Part of the
:50:08. > :50:18.solution involves sharing a little more of the power and profits of
:50:19. > :50:22.business with staff at all levels. Companies like John Lewis share some
:50:23. > :50:27.of the profits with staff, giving the most junior staff direct
:50:28. > :50:31.incentives to work even harder, think imaginatively and go the extra
:50:32. > :50:35.mile. Employees also get to help choose the board, again giving staff
:50:36. > :50:37.direct response of the tea for selecting those at the very top
:50:38. > :50:43.whose decisions they will have to follow. This ensures the concerns of
:50:44. > :50:48.staff get heard at the top table, which is especially important as it
:50:49. > :50:51.is staff who depend especially on a stable business for their
:50:52. > :50:54.livelihood. Absent owners or disengaged shareholders may have
:50:55. > :50:58.other priorities. In countries like France and Germany, this shared
:50:59. > :51:03.capitalism is a standout feature of the business practice. Companies
:51:04. > :51:09.like dodger bank have staff on their German ward who play an important
:51:10. > :51:12.and positive role. In France, firms of 50 or more employees benefit by
:51:13. > :51:16.up to 5% of profits being shared by up to 5% of profits being shared by
:51:17. > :51:20.all staff except recent arrivals. French governments of all political
:51:21. > :51:25.persuasions have a long history of encouraging profit-sharing amongst
:51:26. > :51:29.companies. I understand laws on profit-sharing have existed for more
:51:30. > :51:34.than 50 is there, requiring a mandatory profit-sharing scheme to
:51:35. > :51:36.be negotiated with French employees. Companies in France can choose to
:51:37. > :51:41.distribute rewards either as a flat rate to employees, in proportion to
:51:42. > :51:48.wages, in proportion to hours worked in the previous year or a scheme
:51:49. > :51:50.based on a combination of those. Arguably, the prevalence of
:51:51. > :51:56.profit-sharing makes an important contribution to higher levels of
:51:57. > :52:00.French productivity. Train 2010-14, France had levels of productivity an
:52:01. > :52:07.hour almost double those in the UK. Employees on boards is the norm in
:52:08. > :52:11.many other successful countries. In Denmark, France, Finland, Norway,
:52:12. > :52:15.Sweden and Germany, at least one director is elected by the
:52:16. > :52:18.employees. In Norway, favoured by some for being outside of the
:52:19. > :52:24.European Union, once a business has 30 employees, one director has to be
:52:25. > :52:31.chosen workforce. Sweden, another key UK ally, once a company has 25
:52:32. > :52:35.employees, around a third of directors have to be workers in the
:52:36. > :52:40.business. IKEA, the staple of the British high street, has worker
:52:41. > :52:46.directors on its Swedish board. In France, companies with 1000 or more
:52:47. > :52:51.employees, or 5000 or more if worldwide, have to have at least one
:52:52. > :52:54.or two staff on the board. Third of all board members on stage and
:52:55. > :52:58.companies are elected by the staff. In Germany, the third of the
:52:59. > :53:03.supervising board in companies with 500 or more employees are staff.
:53:04. > :53:09.This rises teeny half in companies with more than 2000 employees. In
:53:10. > :53:13.this country, we have for a long time quietly been happy to endorse
:53:14. > :53:18.workers on boards, albeit so long as they are overseas businesses. EDF,
:53:19. > :53:22.France's leading nuclear energy company and in the process of being
:53:23. > :53:25.handed the keys to Hinkley Point, has a board on which one third of
:53:26. > :53:30.its members are elected by its workers. As a French company, EDF
:53:31. > :53:34.also has a profit-sharing scheme. Dodger bun, who run through their
:53:35. > :53:41.subsidiaries much of our rail network, have six board members
:53:42. > :53:48.elected by staff. English workers in these companies do not get to vote
:53:49. > :53:51.for board members. It is just German and French staff. In short, if
:53:52. > :53:56.German workers are good enough to sit on a company board, if French
:53:57. > :54:02.workers are, if Swedish workers are, isn't it time that English and
:54:03. > :54:08.British workers were given their chance,, too,? There are a number of
:54:09. > :54:12.companies working in tough markets who have demonstrated that employee
:54:13. > :54:19.directors work. John Lewis is one of those. First Group are another. Mick
:54:20. > :54:24.Barker is the employee director of first group. He has been a railway
:54:25. > :54:29.man for 39 years and is employed as a train driver for First Great
:54:30. > :54:32.Western. He serves on the board and various committees of the group.
:54:33. > :54:37.First Group encourage their operating companies to elect
:54:38. > :54:41.employee directors to boards, so that in their own words, the views
:54:42. > :54:45.and opinions of staff are represented at the very highest
:54:46. > :54:49.level. In the UK, Mr Speaker, the response to the concern about high
:54:50. > :54:53.levels of executive pay and falling workers' wages has seen some debate
:54:54. > :55:00.about broadening the mothership of remuneration committees of big
:55:01. > :55:03.companies to include staff. The Department for Business innovation
:55:04. > :55:10.and skills considered this in 2011 but sadly nothing happened. Analysis
:55:11. > :55:13.from the House of Commons library suggests that if a French style
:55:14. > :55:18.profit-sharing system was introduced in the UK, corporate household names
:55:19. > :55:24.could be allocated to their staff an extra ?500- ?1200 per year once
:55:25. > :55:28.profits have been declared. Not huge sums of money to those at the very
:55:29. > :55:31.top of those businesses, but helping to reward better the collective hard
:55:32. > :55:35.work which is required for any business to succeed. It does not add
:55:36. > :55:39.to business costs nor does it undermine pay differentials between
:55:40. > :55:44.skilled and unskilled workers, or between founder and recent
:55:45. > :55:48.employees. But it does offer an incentive to alter corporate
:55:49. > :55:53.together to support business success and achieve higher returns. And
:55:54. > :55:56.owners alike. As the IPPR have noted, if every private sector in
:55:57. > :56:01.the UK with 500 or more employees had a profit-sharing scheme, over 8
:56:02. > :56:07.million people in 3000 British firms could benefit from hundreds of
:56:08. > :56:11.pounds a year extra. Company law, Mr Speaker, in my view needs to change
:56:12. > :56:14.to reflect modern Britain. Employees' crucial stake in the
:56:15. > :56:18.success of their employer needs recognition in law. Strong
:56:19. > :56:23.businesses, better rewards for staff, higher productivity and a
:56:24. > :56:27.less unequal country. This bill is a step towards those ambitions and I
:56:28. > :56:30.commend it to the House. The question is that the honourable
:56:31. > :56:43.member have leave to bring in the bill. I think the ayes have it. Who
:56:44. > :56:46.will prepare and bring in the bill? Mr Chris Evans. Meg Hillier. Steven
:56:47. > :57:43.Reid... Mr John Woodcock and myself. Profit sharing and company
:57:44. > :57:54.governance Bill. Friday the 11th of March. Order, we come to the ways
:57:55. > :58:02.and means motion? Formally. The question is the charities protection
:58:03. > :58:11.and social investment Bill. Formally. The question is on the
:58:12. > :58:22.order paper. As many as are of the opinion, say "aye". To the contrary,
:58:23. > :58:26."no". I think the ayes has it. The question is is only paper. As many
:58:27. > :58:31.as are of the opinion, say "aye". To the contrary, "no". I think the ayes
:58:32. > :58:39.have it. Although, I remind the have it. Although, I remind the
:58:40. > :58:43.house, that at the end of the report today, I am considering the
:58:44. > :58:50.Bill-macro as amended for certification. That's dedication is
:58:51. > :58:56.available on the Parliament website and the vote office. The clerk will
:58:57. > :59:04.now proceed to read the orders of the day.
:59:05. > :59:13.Charities protection and social investment Bill-macro, is to be
:59:14. > :59:17.considered. Border, we begin with new clause one, which will be
:59:18. > :59:22.convenient to read the amendments listed on the selection paper. To
:59:23. > :59:36.read that clause one, I call Anna Turley. It is a pleasure to be
:59:37. > :59:40.speaking here today on behalf on Her Majesty's opposition on this my
:59:41. > :59:51.first bill. We have had an excellent committee process, and other -- I
:59:52. > :59:55.welcome the opportunity to speak about the process. It is to provide
:59:56. > :00:01.a strong revelatory framework to support the charity sector and
:00:02. > :00:05.trustees. It strengthens the Charity commission's arm by giving them more
:00:06. > :00:09.powers. It is an important objective, and Juanmi support. We're
:00:10. > :00:13.clear it must have the right safeguards in place. The Charity
:00:14. > :00:18.commission is the guardian of public trust and confidence in charities.
:00:19. > :00:21.On the whole it doesn't excellent job, particularly in the context of
:00:22. > :00:26.the assault on its budget in the last six years. It is important for
:00:27. > :00:29.the integrity of the charitable sector that the commission has the
:00:30. > :00:34.tools to do its job properly. For this reason we are supportive of
:00:35. > :00:39.many of the provisions in the bill. However, as with any regulator, it
:00:40. > :00:47.is vital to insure that the powers are subject to the right safeguards.
:00:48. > :00:50.Some safeguards are lacking, and leave scope for the commission to
:00:51. > :00:54.overreach themselves. This threatens the independence of charities, the
:00:55. > :00:57.integrity of the commission, and could fundamentally change the
:00:58. > :01:02.relationship between the commission and the charity sector. Our concerns
:01:03. > :01:07.are shared by the sector, the advisers and the charity law
:01:08. > :01:10.organisation, said the powers need to be balanced by proportionate
:01:11. > :01:18.safeguards, pointing out that the new powers in the bill will apply to
:01:19. > :01:27.all charities, and the hundreds of thousands well-meaning volunteers
:01:28. > :01:29.and trustees. The Association of Chief executives of voluntary
:01:30. > :01:35.reorganisation is, the National Council for voluntary organisations
:01:36. > :01:39.have professed worries about lack of accurate safeguards will stop the
:01:40. > :01:44.committee in the House of Commons scrutinising in early draft of the
:01:45. > :01:50.bill called for safeguards to be introduced, and we called for the
:01:51. > :01:51.easing committee. The Charity commission has a statutory
:01:52. > :01:57.obligation to act proportionately. We knowledge this. Experience has
:01:58. > :02:02.shown it is sadly not enough. In a recent court case involving the
:02:03. > :02:10.commission and the Joseph Rowntree charitable trust, ludicrous time
:02:11. > :02:14.limits we impose on the commission. He said it was understood why the
:02:15. > :02:18.high-handed manner. The commission high-handed manner. The commission
:02:19. > :02:22.should have powers to do its job, but sensible limits should be
:02:23. > :02:28.imposed on how they exercise their powers. Our amendments will address
:02:29. > :02:32.this balance. She has made an excellent speech, I congratulate
:02:33. > :02:35.their run it. Those of us who work in the charitable sector, and I
:02:36. > :02:39.chair and a trustee of many charities. One of the concerns we
:02:40. > :02:44.have had for a long time is the weakness of the charities commission
:02:45. > :02:48.terrified that they case ending up terrified that they case ending up
:02:49. > :02:52.in the High Court. We really do need, and I support this bill, we
:02:53. > :02:57.need a strong commission back and do its job in the way they have not
:02:58. > :03:01.been able to do for many years. My honourable friend is absolutely
:03:02. > :03:07.right. That is why we support the bill and the powers it gives the
:03:08. > :03:11.Charity commission. He talks about the clarity and confusion which
:03:12. > :03:16.could be costly. We are keen to get some clarity on some of the grey
:03:17. > :03:19.areas and boundaries. Some of the improper balances in the bill.
:03:20. > :03:24.Importantly get this on the record while the bill is giving three
:03:25. > :03:29.process before it ends up in costly processes in court. I will speak
:03:30. > :03:39.specifically of new clause one, and elements nine, ten and 12. The bill
:03:40. > :03:43.introduces a new power for the charity Commission, which gives new
:03:44. > :03:48.powers to a trustee. The bill says the power is given where a risk on
:03:49. > :03:51.charitable aspects and services is relatively low. The new power could
:03:52. > :03:56.have a far-reaching impact on charities. The bill gives complete
:03:57. > :04:00.discretion about exercising a warning. This could have serious
:04:01. > :04:05.indications for the charity involved. The public, media and
:04:06. > :04:08.funders may not distinguish between a low-level issue giving rise to a
:04:09. > :04:18.warning and something much more severe. It is reporting we recognise
:04:19. > :04:25.this in context to high-level issues that have been in the public domain.
:04:26. > :04:32.A breach of low-level trust by a charity trustee, it is our
:04:33. > :04:36.understanding that they intend to use the low-level warning power. It
:04:37. > :04:41.is paramount for charities and charity trustees. The advert
:04:42. > :04:45.oppositely resulting from a warning could lead to a choking off of
:04:46. > :04:50.donations, grant funding, and corporate sponsorships, leading to
:04:51. > :04:56.potential redundancies and closing of services. Close two of the bill
:04:57. > :04:59.makes a change in circumstances in which the commission can take things
:05:00. > :05:06.began protected measures in relation to charities. Failure to report a
:05:07. > :05:11.breach of trust is automatically trigger to further action. This is
:05:12. > :05:16.startling for a power which is to be used in low-level cases. Our
:05:17. > :05:26.amendments address these concerns and four ways. Firstly through
:05:27. > :05:30.amendments nine and eight, it would limit the publication to a wider
:05:31. > :05:34.warning. This would ensure the charity can take the commission's
:05:35. > :05:39.concerns seriously, but would have no impact on the charity's relation.
:05:40. > :05:42.If the charity fails to comply with the warning, they can take further
:05:43. > :05:47.action at that stage which would attract other cities. Low-level
:05:48. > :05:51.concerns would not be publicised. That would ensure action is
:05:52. > :05:56.proportionate, and would not potentially fatally impact the
:05:57. > :06:00.charity for a minor error. I am extremely grateful for my honourable
:06:01. > :06:03.friend forgiving way on that point. It has been stated numerous times
:06:04. > :06:08.that the charity Commission sees itself as a partner to work with
:06:09. > :06:14.charities, wouldn't the method she is describing B1 partnership, using
:06:15. > :06:21.the expertise of the Charity Commission to improve the challenges
:06:22. > :06:28.charities face on the front line. Delivering outcome for the
:06:29. > :06:32.beneficiaries. Rather than charities as a whole and the individual
:06:33. > :06:37.charity concerned was not my honourable friend makes an extremely
:06:38. > :06:42.important point. It is clear that when it works in terms of giving
:06:43. > :06:46.guidance to charities, it is extremely effective. Particularly
:06:47. > :06:51.given the pressures on the finances, expecting it to do a wide range of
:06:52. > :06:57.enforcement in this manner, could be quite costly. My honourable friend
:06:58. > :07:00.makes an extremely potent point. Alternatively Amendment ten would
:07:01. > :07:04.allow the commission to make details of the warning public without
:07:05. > :07:08.referencing the charity itself or a trustee by name. This would allow
:07:09. > :07:15.them to publisher warning anonymously if it felt it would be
:07:16. > :07:20.giving lessons to the sector. Secondly through amendments 11 the
:07:21. > :07:22.commission would be obliged to give the charity adequate notice of its
:07:23. > :07:28.intention to give a warning. At present the bill specifies they
:07:29. > :07:31.should give notice, but there is no specified notice period. There is
:07:32. > :07:37.nothing stopping the commission giving 24 hours notice publishing a
:07:38. > :07:42.warning, which would give trustees, and any staff no time to respond.
:07:43. > :07:43.This is a real risk, in the High Court case I mentioned earlier, it
:07:44. > :07:47.is understood charity trustees were is understood charity trustees were
:07:48. > :07:53.given less than 24 hours to respond to the commission. Prompting the
:07:54. > :07:59.Lord Chief Justice to describe the time limit is ludicrous.
:08:00. > :08:04.Recommendations that reasonable notice period over a draft warning
:08:05. > :08:07.should be clear on the face of the bill. The gunmen's response accepted
:08:08. > :08:19.a recipient should have the opposite a recipient should have the opposite
:08:20. > :08:23.-- opportunity to make a response. The gunmen may argue they could be
:08:24. > :08:26.some circumstances where the commission has such serious
:08:27. > :08:29.concerns, it must act with sleep without notice. In cases like this,
:08:30. > :08:34.the commission should be exercising some of the other glittery powers
:08:35. > :08:38.designed for serious concerns, some of which may be used without advance
:08:39. > :08:44.notice. We have been told the warning power is not intended for
:08:45. > :08:48.such serious cases. We could use a small amendment to the government
:08:49. > :08:56.amendment two, the power to withdraw or bury awarding. The power
:08:57. > :09:00.minimises damage to a charity from a warning. It is right that if the
:09:01. > :09:05.warning was found to be incorrectly given, it should be publicly
:09:06. > :09:09.revoked, and any damage undone. Thirdly, and men insured is
:09:10. > :09:12.absolutely clear from the face of the bill the commission will not be
:09:13. > :09:17.able to use the warning power to direct charities. It is not
:09:18. > :09:22.appropriate for the commission to direct charity trustees at Iraq. It
:09:23. > :09:27.is clear from the Charities Act, 2011, the commission is not able to
:09:28. > :09:32.act as a trustee, except in a small number of conditions. These are
:09:33. > :09:39.rightly subject to very strict regards. The garment it agrees with
:09:40. > :09:44.this principle, in responding to the charity commission consultation,
:09:45. > :09:50.government specifically decided not to extend powers outside a formal
:09:51. > :09:54.statutory enquiry. If the commission can use their warning power to
:09:55. > :09:58.direct charities, it would be able to give directions via the back
:09:59. > :10:00.door. A fundamental shift in the delicate balance between the
:10:01. > :10:04.commission and charities, and should not be allowed. We would welcome
:10:05. > :10:08.clarification from the Minister on this point, as there seems to be
:10:09. > :10:13.confusion in the sector on this issue. It is our understanding the
:10:14. > :10:17.commission does not see the warning power is giving power to direct
:10:18. > :10:24.charities, but expanding notes to the bill seem to say the opposite.
:10:25. > :10:28.Unless it is opening in enquiry, purely on purposes on giving
:10:29. > :10:31.direction, issuing a warning could be a way of making it clear to a
:10:32. > :10:37.charity that they should take action. There was confusion over a
:10:38. > :10:43.serious issue giving rise to the High Court case, prompting the Lord
:10:44. > :10:46.Chief Justice's comments. While a warning could be used to give advice
:10:47. > :10:53.or guidance to a charity, which can be positive as my honourable friend
:10:54. > :10:55.for Hove set out. It can remedy the conduct which gives rise to a
:10:56. > :11:06.warning, but cannot be used to directly just ease -- directly
:11:07. > :11:09.trustees to take action. I have explained the consequences which the
:11:10. > :11:18.issuing of a warning is for a charity. The Charity Tribunal is a
:11:19. > :11:23.low-cost form, established in the Gyan charities chemical act.
:11:24. > :11:27.Charities affected by one and only able to challenge by judicial
:11:28. > :11:30.review. That is expensive, can be catered and time-consuming.
:11:31. > :11:35.Completing appropriate option for a mechanism intended to address
:11:36. > :11:38.low-level noncompliance. The charity tribunal was introduced precisely
:11:39. > :11:44.so, and charities would not have to rely on costly review proceedings to
:11:45. > :11:47.challenge the decision-making. There is no good reason and none was
:11:48. > :11:50.forthcoming committee as to why it should not be possible to appeal an
:11:51. > :11:55.official warning to the charity tribunal. It is logical, that the
:11:56. > :12:00.exercise of the warning power should be more difficult to challenge than
:12:01. > :12:02.the exercise of the commission's more extensive ring literary powers
:12:03. > :12:07.which can be appealed to the tribunal. It is worth me
:12:08. > :12:10.highlighting that the warning can be issued if the commission considers
:12:11. > :12:14.there has been a breach of duty, something that may well be disputed
:12:15. > :12:18.by the charity. Secondly, failure to comply to the warning can allow the
:12:19. > :12:23.commission to take more so than revelatory action. These two factors
:12:24. > :12:25.make it important for a charity to have a realistic way of challenging
:12:26. > :12:37.a warning. I come now to clause ten, the power
:12:38. > :12:40.to disqualify. The bill will give the Charity Commission a completely
:12:41. > :12:44.new power to disqualify someone from being a charity trustee. Again, we
:12:45. > :12:50.have significant concerns about the scope of this power. And we are not
:12:51. > :12:54.alone. The joint committee expressed concerns about the safeguards on
:12:55. > :13:00.this power. They said that although it appears to be robust, in fact, it
:13:01. > :13:06.is insufficiently defined and lacks clarity and sufficient safeguards.
:13:07. > :13:10.The commission is concerned to protect safeguards from unscrupulous
:13:11. > :13:13.trustees. But we have to recognise the adverse impact which
:13:14. > :13:18.disqualification might have on an individual. Our amendments would
:13:19. > :13:21.improve the power in three ways. One precondition is that the commission
:13:22. > :13:26.should be satisfied that the person concerned is unfit to be a charity
:13:27. > :13:31.trustee. The legislation includes no guidance at all as to the meaning of
:13:32. > :13:35.unfit, which leaves a considerable degree of discretion in the hands of
:13:36. > :13:38.the commission. Our amendment 14 obliges the commission to publish a
:13:39. > :13:44.definition of unfit after consultation. This will go some way
:13:45. > :13:48.to introducing objective criteria by which to assess unfitness. The
:13:49. > :13:52.commission does qualify as a person on the basis of past conduct, which
:13:53. > :13:57.it considers is likely to be damaging to public trust in
:13:58. > :14:01.charities, and our amendment number 15 makes it clear that the conduct
:14:02. > :14:05.must be both relevant and serious. Amendment 13 six to ensure that
:14:06. > :14:09.where it has been a collective failure by more than one individual,
:14:10. > :14:12.more than one person can be disqualified. This can be necessary
:14:13. > :14:16.in situations where more than one member of the board have
:14:17. > :14:20.collectively turned a blind eye to abuse or misdemeanour within a
:14:21. > :14:24.charity. In some of the sexual abuse cases which have come to light
:14:25. > :14:28.recently, there has been what can only be described as a conspiracy of
:14:29. > :14:38.silence. This amendments six to challenge that. In summary, these
:14:39. > :14:40.amendments and the new clause are intended to provide safeguards and
:14:41. > :14:52.we believe they will strengthen the original clauses, not weaken them.
:14:53. > :14:57.Otherwise we could have confusion, error, suspicion and mistrust
:14:58. > :15:01.between the sector and its regulator. A more balanced approach
:15:02. > :15:04.and the strengthening of the boundaries of the relationship will
:15:05. > :15:13.give greater confidence to both sides on how to proceed in the use
:15:14. > :15:19.of the bill's new powers. It might be helpful if I clear up one thing
:15:20. > :15:22.about the power to direct. An official warning is not the same as
:15:23. > :15:27.a direction power. There may have been some confusion with regard to
:15:28. > :15:31.the explanatory notes, which the honourable lady raised in her
:15:32. > :15:35.speech. I would be very happy to ensure there is an updating of the
:15:36. > :15:39.explanatory notes to make it absolutely clear that you cannot use
:15:40. > :15:44.the warning power to direct charities - if that is helpful. That
:15:45. > :15:46.is extremely helpful and I appreciate the minister being so
:15:47. > :15:50.quick and forthcoming with his clarity on that. I think that will
:15:51. > :15:57.give the sector a lot of reassurance on this point. I move on now to our
:15:58. > :16:01.new clauses two and three. On new clause two, this seeks to replace a
:16:02. > :16:05.clause of the bill which was put in during its processed through the
:16:06. > :16:09.Other Place but which was removed by this House. I would like to pay
:16:10. > :16:12.tribute to our noble friends in the Other Place who successfully added
:16:13. > :16:18.this close to the bill. We are finding them to be great defenders
:16:19. > :16:24.of social justice and friendless. -- fairness. This makes sure that they
:16:25. > :16:32.can adhere to their charitable aims and objectives. As we have always
:16:33. > :16:35.been clear, the clause is especially relevant to housing and aims to
:16:36. > :16:39.protect charities and housing associations when the government
:16:40. > :16:43.later mandates them to sell their property under the right to buy
:16:44. > :16:46.proposals. We on this side want those who desire to be home overs to
:16:47. > :16:51.achieve their aspiration. The number of homeowners has fallen under this
:16:52. > :16:57.government by 200,000. Under Labour, it rose by more than a million up to
:16:58. > :17:01.2010. We support that aspiration and I want to be clear on that. However,
:17:02. > :17:07.the problem this clause six to address is one of compulsion. I
:17:08. > :17:13.agree with her in what she is saying. But the level of owner
:17:14. > :17:16.occupation is actually declining because house prices have risen way
:17:17. > :17:22.beyond most people's ability to afford them. Is it not really the
:17:23. > :17:26.problem that decent, social rented housing, they should need to be
:17:27. > :17:29.keeping all of it in the public sector now to make sure that we can
:17:30. > :17:36.house people properly? My honourable friend makes an extremely important
:17:37. > :17:41.point. The real crisis is in social housing, as he says. Purpose of this
:17:42. > :17:45.amendment is to ensure that we protect and maintain what social
:17:46. > :17:49.housing we do have and maintain it in the hands of the charitable
:17:50. > :17:55.sector and the housing associations which own it and that it is not sold
:17:56. > :17:59.off for profit. The problem this new clause six to address is one of
:18:00. > :18:02.compulsion and of the fundamental rights and the position in law of
:18:03. > :18:06.housing associations in charities. The independence of the charitable
:18:07. > :18:10.sector from government is an important strength of British civic
:18:11. > :18:14.society and it is to be cherished. We do not support the right of a
:18:15. > :18:19.government to direct a charity against its independent will and
:18:20. > :18:22.contrary to its charitable purposes and to expose its assets according
:18:23. > :18:29.to the governments desire. This is an infringement. For many housing
:18:30. > :18:33.associations it will go against the very grain of their founding
:18:34. > :18:36.purpose. Many housing associations are charities. They provide 2.5
:18:37. > :18:43.million homes for 5 million people on affordable rents. Many unable
:18:44. > :18:48.people to live independently. Others offer shared ownership for those on
:18:49. > :18:51.low incomes. These aims are in the charitable DNA of housing
:18:52. > :18:55.associations and are not for the government to tamper with. The
:18:56. > :18:59.unintended consequences of the right to buy proposals could undermine
:19:00. > :19:04.charity law which goes back for centuries. It is allowing the
:19:05. > :19:13.seizing of assets of charities and associations. These houses were
:19:14. > :19:20.often bequeathed by philanthropists and trusts. Housing associations
:19:21. > :19:23.would ideally like to build many thousands of properties, but this
:19:24. > :19:28.aim could be undermined if they are forced to sell off stock. Often
:19:29. > :19:32.housing associations can leave a finance on the basis of properties
:19:33. > :19:36.they already own. Write to Bible force housing associations to sell
:19:37. > :19:40.properties and will give them less control over these decisions and
:19:41. > :19:45.importantly it will make it more difficult for them to meet their
:19:46. > :19:47.charitable purposes. Any diminishing of housing stock could harm the
:19:48. > :19:53.housing associations' borrowing powers. As the national housing
:19:54. > :19:58.federation has said, it is key that housing associations are in full
:19:59. > :20:02.control of the assets against which they borrowed to build homes trough
:20:03. > :20:05.we on this side as well as many housing associations across the
:20:06. > :20:07.country have always said that the extension of the right to buy to
:20:08. > :20:13.housing associations is unworkable and wrong. It will lead to a severe
:20:14. > :20:16.and irreversible loss of affordable homes at a time when they could
:20:17. > :20:20.never have been more needed, because the government has no genuine plan
:20:21. > :20:24.for like-for-like replacement. And the rights to buy historically, we
:20:25. > :20:32.know that only one in ten homes which have been sold have been
:20:33. > :20:37.replaced. Even for those who support the sale of council houses and the
:20:38. > :20:43.sale of housing association houses, if the subsidy came direct from the
:20:44. > :20:46.Treasury, it would be very different from making the local authorities
:20:47. > :20:49.and housing associations pay for the subsidy out of their assets. My
:20:50. > :20:53.honourable friend is absolutely right. It has been apparent
:20:54. > :20:57.throughout the bill that there has been a black hole in the plans to
:20:58. > :21:00.fund this proposal. There are currently 2 million people on
:21:01. > :21:04.waiting lists due to the dearth of homes with affordable rents. Our new
:21:05. > :21:08.clause which protects housing associations from being compelled to
:21:09. > :21:13.sell phones will prevent the further reduction of this supply of homes.
:21:14. > :21:17.Many homes are rapidly rented out why private landlords at a full
:21:18. > :21:24.market rent, serving to drive up market prices and increased poverty
:21:25. > :21:28.through hacking costs -- through housing costs. This would go against
:21:29. > :21:33.the charitable objectives of most housing associations. We are
:21:34. > :21:36.concerned that the Government wants to interfere with the duties of
:21:37. > :21:38.charity trustees to put their beneficiaries first and to comply
:21:39. > :21:44.with their fundamental charitable purposes trough housing
:21:45. > :21:47.associations, already part take in right to buy options for tenants
:21:48. > :21:54.where it accords with charitable objectives. The problem arises where
:21:55. > :21:58.it conflicts with them. It is not acceptable that the duties of trusts
:21:59. > :22:02.can be overridden by the government. That is what our clause seeks to
:22:03. > :22:06.protect. I come now to our new clause three. This will enshrine the
:22:07. > :22:09.right of charities to undertake political campaigning activity. We
:22:10. > :22:15.are clear that this is a direct attempt to challenge the unfair and
:22:16. > :22:18.poorly applied transparency of lobbying trade union administration
:22:19. > :22:21.at 2014, known commonly as the gagging act. Come paining is an
:22:22. > :22:26.important part of democracy and civil society. A fundamental
:22:27. > :22:29.principle of a thriving democracy is that individuals and organisations
:22:30. > :22:36.can speak out about the issues they care about. In relation to new
:22:37. > :22:40.clause two, she has made the case about the ancient rights of
:22:41. > :22:43.charities. She will also be well aware that the ancient walls around
:22:44. > :22:46.charities going back 400 years to the time of James the first was very
:22:47. > :22:54.much that charities should not involve themselves in politics. It
:22:55. > :22:58.seems rather perverse that she talks about ancient charitable rights and
:22:59. > :23:02.is happy to run roughshod over them in new clause three. On the
:23:03. > :23:05.contrary, I think it is the gagging act which ran roughshod over the
:23:06. > :23:09.historic rights in the charity sector to defend and campaign on
:23:10. > :23:15.causes which it is fundamentally there to tackle. I am extremely
:23:16. > :23:21.grateful. She is making incredibly powerful points. Also, it is about
:23:22. > :23:25.freedom of speech for everyone, every Tasers and organisation in
:23:26. > :23:29.this country. But it is also about making sure that those who are
:23:30. > :23:34.disempowered, individuals and communities who lacked a voice, have
:23:35. > :23:39.advocates who can speak unencumbered as humanly possible, and speak with
:23:40. > :23:42.a ferocity which those who lack a voice deserving our society. My
:23:43. > :23:46.honourable friend is absolutely right and pays tribute to those
:23:47. > :23:49.charities who do some of the most important work for the most excluded
:23:50. > :23:53.and those who need a voice and who are often those who suffer the
:23:54. > :23:56.consequences of bad policy-making in This Place. And it is charities who
:23:57. > :24:01.are often picking up the pieces of that policy-making. I am slightly
:24:02. > :24:06.mystified by some of these comments about so-called political activity.
:24:07. > :24:10.What we are talking about is basic advocacy. You only have to go back
:24:11. > :24:13.to the end of the First World War, you're talking about the Royal
:24:14. > :24:16.British Legion campaigning for jobs for veterans and things like that.
:24:17. > :24:21.We're not talking about party political campaigning. This is what
:24:22. > :24:25.the voluntary sector objected to in this act. My honourable friend is
:24:26. > :24:30.absolutely right. As she has just ably demonstrated, charities have a
:24:31. > :24:32.long established role in educating, informing the public, campaigning
:24:33. > :24:39.and securing positive social change throughout our history. Would the
:24:40. > :24:43.honourable lady not agree that charities can already make
:24:44. > :24:46.representations? They make representations to us as members of
:24:47. > :24:51.This Place. One big thing about a charity is that they have a special
:24:52. > :24:56.ethos, and that drives the work and activities that they do. And
:24:57. > :25:01.therefore I cannot understand why we seek to support this new clause. I
:25:02. > :25:03.think the honourable lady for that intervention, but it has been quite
:25:04. > :25:07.clear from the charitable sector that they felt that legislation
:25:08. > :25:11.stopped them from being able to pursue exactly the kind of claims
:25:12. > :25:15.she set out. We in this House will share many things in common with the
:25:16. > :25:18.charitable sector, not least trying to build a better society. It is
:25:19. > :25:22.absolutely right that we work together in partnership to build
:25:23. > :25:26.better policy-making and to try to shape the kind of society that she
:25:27. > :25:33.cares about. This has not come out of thin air. We are reacting to a
:25:34. > :25:35.very bad piece of legislation which the sector feels extremely strongly
:25:36. > :25:44.about and we want to continue to protect. I am grateful. I think part
:25:45. > :25:47.of the problem in this debate has concerned the word political. Prior
:25:48. > :25:51.to the introduction of the gagging law, there was no provision for
:25:52. > :25:56.charities to engage in party political activity in favour of
:25:57. > :25:58.political parties. And CC nine, the Charity Commission guidance document
:25:59. > :26:02.on campaigning for charities has always been clear about this. So
:26:03. > :26:05.what problem does she think the government was trying to solve when
:26:06. > :26:08.they introduced the gagging law? Because I cannot see one. I think my
:26:09. > :26:12.honourable friend is absolutely right. I think this ia a problem of
:26:13. > :26:15.a government which feels challenged and from the outside was happy to
:26:16. > :26:20.talk about coming in and being the most transparent, ever, once in
:26:21. > :26:23.power, pulls up the drawbridge and is nervous of the challenge it faces
:26:24. > :26:29.from this sector on key issues like badgers and bedroom tax. I thank the
:26:30. > :26:34.honourable lady. No-one likes scrutiny. We are very happy to have
:26:35. > :26:38.bodies that want to engage themselves in political lobbying.
:26:39. > :26:40.But they should not be charities. There are certain benefits, tax and
:26:41. > :26:46.other benefits, which go to charities. Bodies which wish to be
:26:47. > :26:50.political, party political, biased advocates, are perfectly able to do
:26:51. > :26:53.that. They can do that as companies or other corporations. The point is
:26:54. > :26:57.that the charitable sector brings with it a whole range of benefits,
:26:58. > :27:02.not least in taxation terms, which should not be abused for party
:27:03. > :27:05.political purposes. Would my honourable friend not agree with me
:27:06. > :27:08.then that it is a better use of taxpayers' money if a charity is
:27:09. > :27:13.picking up the pieces on something like disease, cancer, that it uses
:27:14. > :27:15.that money to lobby for better investment in research and
:27:16. > :27:24.development, if that is a better use? The only example, sorry to go
:27:25. > :27:26.through again arguments which were herding committee, but the only
:27:27. > :27:31.example which was given in the committee stage of a so-called
:27:32. > :27:34.chilling effect, or a charity which was prohibited from doing activities
:27:35. > :27:40.thanked to the so-called gagging law, was a Badger Trust. This was an
:27:41. > :27:45.organisation which was exquisitely party political. The CEO sent out an
:27:46. > :27:49.e-mail using the charity's e-mail system to all of its members, who
:27:50. > :27:54.may have any affiliation or none, saying that he had contributed to
:27:55. > :27:57.the Labour Party rural manifesto, it was wonderful, they should turn up
:27:58. > :28:01.at the launch of the manifesto, they should take heart in an anti-Cameron
:28:02. > :28:06.Reilly and presumably they should vote Labour. The honourable lady
:28:07. > :28:09.said that she supported that kind of behaviour, which was illegal. Surely
:28:10. > :28:13.we can all agree on all sides that that kind of behaviour is wrong, and
:28:14. > :28:15.her amendment should be defeated, because it would give the green
:28:16. > :28:21.light to that sort of extremely negative behaviour.
:28:22. > :28:28.I am surprised the honourable member has a problem with negative
:28:29. > :28:31.behaviour. It is a fact of life. I struggle to see what was wrong with
:28:32. > :28:36.that situation and I am happy to continue the conversation with the
:28:37. > :28:40.Charity commission. The honourable member saying that was the only
:28:41. > :28:45.evidence given. More than 160 charities signed a letter to the
:28:46. > :28:48.government saying legislation should be scrapped, including Save the
:28:49. > :28:55.Children, Salvation Army, Amnesty International. The charity sector is
:28:56. > :29:00.up in arms. I am grateful to my honourable friend. The problem
:29:01. > :29:05.people have is they didn't like the idea of dodgy lobbyists giving money
:29:06. > :29:11.to dodgy politicians. It wasn't about victimising groups like the
:29:12. > :29:15.Salvation Army. If he heard what the countryside Alliance said that the
:29:16. > :29:18.all-party Parliamentary group on charities and what they thought of
:29:19. > :29:22.the gagging act, it is a wide variety of groups. She makes an
:29:23. > :29:30.important point about the strength of feeling. I share the same
:29:31. > :29:37.concerns. Does the honourable member agree this gagging act, this new
:29:38. > :29:41.clause three would limit the Scottish Parliament, the Welsh
:29:42. > :29:46.assembly and the Northern Ireland assembly which was led at the Church
:29:47. > :29:57.of Scotland, registered charity itself. He makes an important point
:29:58. > :30:00.and I thank him. I will make some progress, if I may because I am
:30:01. > :30:04.conscious that there are many members who want to speak. Charity
:30:05. > :30:10.should not only have the right to campaign but they are best placed to
:30:11. > :30:15.provide important insights to improve policy-making. They are on
:30:16. > :30:19.the front line, seemed the gaps in supervision, inefficiencies and
:30:20. > :30:22.waste and spot the best ways of solving or preventing problems. Many
:30:23. > :30:26.charities can often make a big impact with the bigger resources
:30:27. > :30:38.through campaigning than to service delivery. Campaigning often saves
:30:39. > :30:42.taxpayers money. For example, as I mentioned, it is good to help care
:30:43. > :30:46.for patients with long-term conditions such as cancer. Merry
:30:47. > :30:55.charities do fantastic work. But is it better to push for better
:30:56. > :31:04.symptoms to awareness. Charities must... I will give way. I fear
:31:05. > :31:09.people's hard earned money they donate will be spent on political
:31:10. > :31:13.campaigning rather than the initial cause they donated for, such as true
:31:14. > :31:19.medical research. That is why this new clause three is flawed. I am
:31:20. > :31:26.surprised the honourable lady presumes to know what people think
:31:27. > :31:30.when they donate money. Many charities are aware of the high
:31:31. > :31:35.profile campaigning they do and that is to be commended. Many people
:31:36. > :31:43.support the powerful voice they have in the community. There are many
:31:44. > :31:49.people who would support those charities, and of course they can. I
:31:50. > :31:52.am grateful for his support. Charities have set up their
:31:53. > :32:01.concerns, including the fact the transparency of lobbying, and
:32:02. > :32:04.concern day-to-day activities of legitimate charities and voluntary
:32:05. > :32:06.organisations engaging with public policy would record by the rules and
:32:07. > :32:13.the number of organisations and groups with the affected. They felt
:32:14. > :32:16.the act was complex and unclear and it would be difficult for charities
:32:17. > :32:20.and other voluntary groups to understand whether any of the
:32:21. > :32:23.activities of the court, giving rise to a risk of discouraging
:32:24. > :32:28.campaigning activity. They felt it gave substantial discretion to the
:32:29. > :32:34.electoral commission creating burdensome regime leaving some
:32:35. > :32:40.charities, voluntary organisations and the electoral commission, open
:32:41. > :32:43.to legal challenge. It has been suggested the rules are so complex
:32:44. > :32:49.and unclear they are likely to have a chilling effect on the freedom of
:32:50. > :32:51.expression putting small organisations and the trustees and
:32:52. > :32:59.directors in fear of criminal penalty if they speak out. The act
:33:00. > :33:04.did stop charities from campaigning. It caused unnecessary cost and
:33:05. > :33:11.confusion. According to a report which looked at it effect on last
:33:12. > :33:19.year's General A Levels, the commission found that charities are
:33:20. > :33:23.faced with confusion over ambiguity. The commission says the many
:33:24. > :33:27.activities aimed at raising awareness and generating discussion
:33:28. > :33:30.ahead of the election when not to have taken place. A representative
:33:31. > :33:35.of the wildlife wildlife front of the commission that the act has
:33:36. > :33:41.created caution in parts of the sector and western times explaining
:33:42. > :33:44.it to trustees and stuff. It is not a piece of legislation we need.
:33:45. > :33:52.Greenpeace said it intended to participate in across nb -- NGO
:33:53. > :33:55.campaign but organisations ended up not participating leaving Greenpeace
:33:56. > :33:59.without enough partners to run the campaign. The Salvation Army said
:34:00. > :34:01.although it was traditionally not a campaigning charity and not in
:34:02. > :34:05.danger of exceeding the limit on it was wary of supporting causes that
:34:06. > :34:08.could be considered coalition campaigning because they felt the
:34:09. > :34:17.administrative cost would be excessive. The commission also found
:34:18. > :34:20.voluntary groups undertaking government contracts remain threats
:34:21. > :34:26.to remain silent and keep government policies. Many dead letter to keep
:34:27. > :34:32.out -- speak out for fear of inviting other unwelcome sanctions.
:34:33. > :34:35.The lobbying legislation looks to many in the sector too much like
:34:36. > :34:38.another deliberate and shameless act by a government too scared to debate
:34:39. > :34:43.the record be open to scrutiny and challenge. The health of our
:34:44. > :34:47.democracy depends on the right to campaign on issues people care
:34:48. > :34:52.about. Lobbying act was an attack on our democracy, limit the rights of
:34:53. > :34:56.the charities who for causes. It is a left expert organisations to have
:34:57. > :34:59.a vital contribution to public debate is unsure whether they are
:35:00. > :35:03.allowed to speak out. We seek the right to protect these charities to
:35:04. > :35:08.have a right to speak in our democracy and I commend this clause
:35:09. > :35:13.to the House. New clause, appeals and applications to the tribunal.
:35:14. > :35:18.The question is a new clause one B read a second time. Thank you very
:35:19. > :35:25.much. I congratulate the honourable lady, if this was her first speech
:35:26. > :36:46.from the dispatch box in a report stage of a bill. She
:36:47. > :36:53.I visited 65 of the 145 prisons and secure training units through
:36:54. > :37:00.England and Wales. It became apparent to me, it was not a new
:37:01. > :37:06.idea, others had discovered this before. I discovered that one of the
:37:07. > :37:11.things that contributed to the high levels of reoffending among those
:37:12. > :37:16.people sent to prison and coming out again, particularly youngsters, is
:37:17. > :37:22.that they do not have a job, they don't have somewhere settled to
:37:23. > :37:30.stay, and they have, to put it loosely, relationship problems. If
:37:31. > :37:32.you can do anything to help people sustained strong and stable
:37:33. > :37:36.relationships with their family and partners, fine then somewhere stable
:37:37. > :37:50.to stay and live, help them get training or work, then the chances
:37:51. > :37:59.are that they will not reoffend and get back to prison. The discovery I
:38:00. > :38:05.went on from 2005 or so, until I was appointed Shadow Attorney General in
:38:06. > :38:13.2009, I wrote a paper called prisons with a purpose, which the current
:38:14. > :38:18.circuit area for justice -- which the current Secretary of State for
:38:19. > :38:24.Justice, I hope is picking up many of the ideas that I and my right
:38:25. > :38:28.honourable friend, the member for Arendell, pushed forward in
:38:29. > :38:35.opposition. It is not a surprise that I have become attached to the
:38:36. > :38:41.Prison Reform Trust, and Unlocked. What I want to do, in moving my
:38:42. > :38:44.amendment, which is long and set out on page five of the amendment paper
:38:45. > :38:50.is to invite the gunmen to have a little think about the
:38:51. > :38:55.disqualification, all way that procedure that applies to people
:38:56. > :39:00.with criminal records. Either insofar as they may be trustees of
:39:01. > :39:06.charities, which have an interest in looking after ex-offenders, all in
:39:07. > :39:09.so far as it relates to the employment of people with criminal
:39:10. > :40:06.records by those charities. The purpose of this amendment is to
:40:07. > :40:09.require the Secretary of State to put forward a report on the
:40:10. > :40:13.disqualification of framework of people with chronic records who are
:40:14. > :40:18.trustees are employed by charities, charities that work with an employee
:40:19. > :40:24.ex-offenders. That is to say, clause nine of the bill, as it is Hans,
:40:25. > :40:27.comes into force. What I am intending to do, is to urge the
:40:28. > :40:32.government to provide us with further clarification of the impact
:40:33. > :40:36.of the extension of the disqualification framework, of
:40:37. > :40:40.people with criminal records, charities that employ ex-offenders.
:40:41. > :40:47.It provides an opportunity for the Minister to outline in more detail
:40:48. > :40:49.how he and his Department intends to conduct the reviewing process, to
:40:50. > :40:57.ensure that people with cruel records who are charity trustees or
:40:58. > :41:00.who are seeking or intending to seek employment or trusteeship in a
:41:01. > :41:07.charity are not unfairly discriminated against. Clause nine
:41:08. > :41:12.of the bill, and the policy behind it, is entirely worthy, and
:41:13. > :41:19.understandable. We clearly do not want people engaged in terrorism
:41:20. > :41:32.using charities to move money around or in gauging their venous
:41:33. > :41:46.behaviour. -- or engaging in heinous behaviour. If one looks at clause
:41:47. > :41:50.nine, for example, will we can see someone who comes within part one of
:41:51. > :41:56.the terrorist asset freezing act of 2010, or the Al-Qaeda asset freezing
:41:57. > :42:01.regulations of 2011, one only has to read part of sub-clause five of the
:42:02. > :42:08.bill, to realise they are not people we want involved in charities. That
:42:09. > :42:13.is not a problem. What I am concerned about is the unintended
:42:14. > :42:22.consequence of this perfectly understandable and worthwhile
:42:23. > :42:27.clause. A number of the revisions of clause nine are direct threat to
:42:28. > :42:33.charities who employ people with criminal records. Many of those who
:42:34. > :42:38.include people in cruel records, and at the heart of the voluntary
:42:39. > :42:42.sector, is the principal of working with service users, rather than
:42:43. > :42:46.doing things to them. An old cliche, the government should do things for
:42:47. > :42:54.people rather to them. Legislation should allow charities to do things
:42:55. > :42:59.for people, rather to them. I hope that with a bit of time, and further
:43:00. > :43:03.thought and discussion with the charities that I am interested in,
:43:04. > :43:11.and others as well, the gunmen can come up with a plan which does not
:43:12. > :43:13.have consequences. This is particularly important, with people
:43:14. > :43:21.in the criminal trusted system. Perhaps more so than running any
:43:22. > :43:27.other aspect of charitable work. Any unnecessary barriers to recruitment
:43:28. > :43:36.of people is very likely to be a threat to the core mission of that
:43:37. > :43:42.sector. Unlock, the charity which I am the patron of, and the Prison
:43:43. > :43:46.Reform Trust, which I am a trustee of, and other charities in the
:43:47. > :43:51.sector, submitted evidence to the public bill committee, and concerns
:43:52. > :43:56.were raised by honourable members in the committee stage of the bill.
:43:57. > :44:00.During the debate my right honourable friend, the member for
:44:01. > :44:05.Ridley East concerned that charities would be given latest of 6-12 months
:44:06. > :44:14.before the new provisions in clause nine came into force will stop the
:44:15. > :44:20.-- came into force. The Charity Commission would conduct reform.
:44:21. > :44:24.They would not be given any additional resources when it came to
:44:25. > :44:29.waiver application and the application of the reform framework.
:44:30. > :44:36.The experience of charities in this area public policy, that is to say
:44:37. > :44:42.of the existing waiver process, and based on the fact that no additional
:44:43. > :44:46.resource will be provided to the Charity Commission they are
:44:47. > :44:51.concerned that six months is not enough time to prepare themselves
:44:52. > :44:55.for the new framework. If my honourable friend the Minister gives
:44:56. > :45:03.me some sort of indication in the winding up of the debate, if at
:45:04. > :45:14.least ten months could be the time frame, that the B assistance to me.
:45:15. > :45:18.Six months is not even enough for the Charity Commission itself to
:45:19. > :45:25.conduct a thorough review. All the issue waivers to existing trustees
:45:26. > :45:31.and employees who qualify under section 181 of the charities act of
:45:32. > :45:37.2011. People having to resign as a consequence, having to work to an
:45:38. > :45:46.unrealistic timescale. At the very least they would urge the government
:45:47. > :45:50.to apply a minimum 12 months for the Charity Commission to conduct a full
:45:51. > :45:56.review of the waiver process. I know that 6-12 months is a very different
:45:57. > :46:01.figure from 12 months and more, but I think in the circumstances that my
:46:02. > :46:08.honourable friend for the city of Westminster and London mentioned,
:46:09. > :46:14.the 400 years old history of charities law, going back to
:46:15. > :46:27.Elizabeth I, the active 1462, he is the expert? I think we both know
:46:28. > :46:32.more about Roman law then trust law, but I believe it was 1602. And the
:46:33. > :46:36.time of James the first when charitable heads came into play. Not
:46:37. > :46:40.unimportant, there has been a lot of radical change recently, which has
:46:41. > :46:44.upset the very essence of what charities should be about. As my
:46:45. > :46:51.honourable friend pointed out earlier on. Clearly I need to take
:46:52. > :46:56.my honourable friend along with me, particularly when I'm speaking at
:46:57. > :47:04.the Conservative Club, just the chap they want to hear from. To return to
:47:05. > :47:12.the serious point we are discussing, a longer period of, to enable the
:47:13. > :47:17.charity world and the commission, and the government itself to work
:47:18. > :47:24.out how best to move forward with these clause nine provisions, would
:47:25. > :47:33.be to the vantage of all. Enabling us to get rid of any glitches, to
:47:34. > :47:42.the cap for any traps lying for the unwary. My honourable friend was
:47:43. > :47:52.very kind, he met me on Tuesday, the 19th of January, if that was a
:47:53. > :47:58.Tuesday, that is when he met me. In his Department, with his officials.
:47:59. > :48:06.Came across to me, he was in listening mode. That the government
:48:07. > :48:12.is very likely to move towards me to some extent. If they do, that would
:48:13. > :48:16.be very helpful. If he was the saviours in this House, the be very
:48:17. > :48:25.helpful, allowing me to do as I promised, not to move my amendment,
:48:26. > :48:28.to try to produce clarity and better legislation. If we can do that in
:48:29. > :48:43.partnership together, everybody I Could very briefly just touch upon
:48:44. > :48:51.a number of subclauses in my amendment. There are 11 areas which
:48:52. > :48:58.are specified in the amendment I have put forward. And I appreciate
:48:59. > :49:03.the government has put forward its own amendment three, which to some,
:49:04. > :49:10.but limited extent, alleviates some of the concerns I had. To be honest
:49:11. > :49:14.to my honourable friend, the minister, the government will have
:49:15. > :49:20.to go further than amendment three if all of the concerns that the
:49:21. > :49:27.charities that I speak for or have some connection with, are not to
:49:28. > :49:31.have the worries continued. The sub-clause deals with the first
:49:32. > :49:35.problem area, that's to say the number of people employed by
:49:36. > :49:37.charities will be affected by the extension of disqualification
:49:38. > :49:43.framework to cover senior management. For reasons of time
:49:44. > :49:56.only, I will not set out extensively, the argument that
:49:57. > :50:13.I do urge the government to do a little bit of work to see how many
:50:14. > :50:19.people employed by charities will be affected by the extension of
:50:20. > :50:27.disqualification framework, insofar as it relates to senior management
:50:28. > :50:30.positions. Similarly, sub-clause B, the number of employees who will be
:50:31. > :50:36.affected by the extension of the list. Lees, will the government have
:50:37. > :50:41.think about this and see it is not just a whinge from a trustee of the
:50:42. > :50:47.Prison Reform Trust, but it is an issue that needs to be thought about
:50:48. > :50:52.and the impact of the clause nine provisions need to be considered, in
:50:53. > :50:56.cooperation with the charities, in cooperation with the Charity
:50:57. > :51:01.commission, so we get it right for the long-term. I will give one
:51:02. > :51:15.example in relation to sub-clause B, which relates to a glitch caused by
:51:16. > :51:21.a failure, an unwitting failure to consider the rehabilitation of
:51:22. > :51:32.offenders act 1974, as reformed in 2014. Under the 2014 amendment, to
:51:33. > :51:39.the 1974 act, rehabilitation for convicted persons was reduced. I
:51:40. > :51:43.will give you the example of an individual convicted of sexual
:51:44. > :51:47.assault and sentenced to three years in prison. Assuming the individual
:51:48. > :51:50.doesn't reoffend, the conviction will be spent seven years after the
:51:51. > :51:55.end of the sentence. However, they will remain subject to the
:51:56. > :52:01.notification requirements indefinitely with a right to review
:52:02. > :52:06.after 15 years. Under the proposals of the bill as currently drafted,
:52:07. > :52:12.that individual would be automatically disqualified for being
:52:13. > :52:19.a trustee for 15 15 years and potentially for the rest of their
:52:20. > :52:23.life. But under the 1974 act, if they remain conviction free for a
:52:24. > :52:27.defined period of time, they are legally recognised as being
:52:28. > :52:31.rehabilitated. It is a discrete example where the government and the
:52:32. > :52:36.Charity commission and the charity sector needs to get together to see
:52:37. > :52:42.how best to move forward. Sadly, the impact of the new disqualification
:52:43. > :52:49.who intend to speak employment in the charitable sector including the
:52:50. > :52:55.recruitment and rehabilitation resettlement. I made this point in
:52:56. > :53:03.General at the outset of my remarks. The one thing we need to concentrate
:53:04. > :53:06.on, as people interested is to get people back to work and get people
:53:07. > :53:12.into work. Many people in prison have never been to work, equivalent
:53:13. > :53:16.to get them back to work or into work we need to reduce the barriers
:53:17. > :53:22.for them sensibly we can. The fourth point is the impact of the new
:53:23. > :53:29.framework on offenders currently employed in the charitable sector.
:53:30. > :53:42.It is the same point, but a different shade, if you like, of the
:53:43. > :53:55.point in sub-clause C. Sub-clause E deals with former offenders running
:53:56. > :54:01.organisations. Under the Coalition Government in the last Parliament,
:54:02. > :54:06.rehabilitation companies have been set up and they are contracting with
:54:07. > :54:13.charities to deliver rehabilitation and Bashan services. It would be a
:54:14. > :54:20.pity if the good policy behind that were undermined by making it much
:54:21. > :54:28.more difficult for ex-offenders to work with more recent offenders in
:54:29. > :54:37.order to rehabilitate them. So collectively we need to think very
:54:38. > :54:44.carefully about that. Sub-clause F deals with the process the section
:54:45. > :55:03.181 of the charities act. In the last six years, the Charity
:55:04. > :55:11.commission only processed six waiver applications and the government
:55:12. > :55:15.suggested it shows ineffective in granting waivers. This fails to
:55:16. > :55:17.recognise the low number of waiver applications compared with trusty
:55:18. > :55:28.applications and the number of people with unspent convictions. I
:55:29. > :55:32.hope this becomes clear to the government. The charities I speak
:55:33. > :55:39.for and the Charity commission and the administered need to sit round
:55:40. > :55:42.the table and talk about how best to deal with that and six to 12 months
:55:43. > :55:49.isn't long enough for that to be achieved. Sub-clause G deals with
:55:50. > :55:52.the number of applications of waivers to the Charity commission.
:55:53. > :55:56.It must follow the extent of disqualification framework is highly
:55:57. > :56:01.unlikely to increase the number of waiver applications. Not just as a
:56:02. > :56:05.result of the extensions, but as a result of increased awareness of the
:56:06. > :56:09.framework that will flow from the production guide and general
:56:10. > :56:13.awareness rating. The government has not provided any assessment of a
:56:14. > :56:18.likely increase in waiver applications as a result of the
:56:19. > :56:22.application to the disqualification framework. More troubling is the
:56:23. > :56:28.government has also confirmed through the Minister, no additional
:56:29. > :56:31.resources will be provided to administer the waiver application
:56:32. > :56:37.process. So it will slow down and become more sporadic. I have not,
:56:38. > :56:45.but let's discuss it and ensure we iron out that problem in advance.
:56:46. > :56:51.Sub-clause H deals with how the working group set up by the Charity
:56:52. > :56:55.commission on the waiver processable because to tutored. How it will be
:56:56. > :57:01.resourced, the timelines it is working to, intended output and how
:57:02. > :57:06.it all work in consultation with people criminal records and
:57:07. > :57:10.charities that do with people like ex-offenders. Unlock has received a
:57:11. > :57:14.contact from the charity commission from the internal working group.
:57:15. > :57:22.Specific details of the nature of the remain unclear.
:57:23. > :57:29.We would be grateful for further clarification from the government
:57:30. > :57:31.hoped the review will be resourced with timelines and so on. As I said
:57:32. > :57:35.before at the very least we would before at the very least we would
:57:36. > :57:41.urge the government to guarantee more than 12 months notice from the
:57:42. > :57:46.charities to be able to prepare themselves for the new framework.
:57:47. > :57:51.Little I deals with the criteria the Little I deals with the criteria the
:57:52. > :57:57.Charity commission will adopt in view of the trustees are the charity
:57:58. > :58:01.concerned. As I understand that their direct experience in the
:58:02. > :58:09.support they have provided to other organisations shows that process to
:58:10. > :58:17.be inadequate. To ensure that the processes they and chance band --
:58:18. > :58:20.that the process is fair and transparent, weight it should be
:58:21. > :58:24.given to the trustees of the charity concerned and this is something that
:58:25. > :58:32.I am sure can be sorted out around the table by the Minister and his
:58:33. > :58:42.officials and his interlocutors. J deals with how the waiver process
:58:43. > :58:49.while operate in regard to senior candidates and make sure that
:58:50. > :58:58.offenders do not suffer discrimination through delays while
:58:59. > :59:02.the process of waivers is under way. Currently the backlog of the
:59:03. > :59:08.enhanced disclosure and similar applications being processed at the
:59:09. > :59:13.Metropolitan Police leads to an average turnaround time of 75 days
:59:14. > :59:20.which means that people applying for jobs who have criminal records or
:59:21. > :59:23.have spent criminal records, are suffering a form of indirect
:59:24. > :59:28.dissemination as a consequence of these delays. So again another point
:59:29. > :59:35.where we only to sit around and work out how to solve the problem. And
:59:36. > :59:42.finally sub-clause K, the impact of the new disco station for the back
:59:43. > :59:49.framework -- the new disqualification framework. People
:59:50. > :59:55.interested in public policy are some speeds of any argument given to
:59:56. > :00:02.money. -- at some stage of any argument. The charities act pinched
:00:03. > :00:05.for money and certainly the applicants for trusty ships are jobs
:00:06. > :00:12.in senior management within the charities are unlikely unless there
:00:13. > :00:18.highly successful ex-offenders are unlikely to have the money. We need
:00:19. > :00:23.to work out how we make this a efficient and economic as possible.
:00:24. > :00:30.There we have it. I apologise for detaining the House for as long as I
:00:31. > :00:33.have. I think it is very important that epidemic of the concerns of the
:00:34. > :00:38.charities involved in the criminal justice sector dealing with reform
:00:39. > :00:43.and rehabilitation of offenders. To use this opportunity can buy the
:00:44. > :00:54.government through the Minister to extend the consultation at least 12
:00:55. > :00:56.months and to invite him to have further meetings with the charities
:00:57. > :01:01.concerned so that these glitches can be ironed out. I should finally say
:01:02. > :01:06.that Mr William Shawcross, the chairman of the charities
:01:07. > :01:11.commission, very kindly telephone me yesterday and offered the hand of
:01:12. > :01:16.friendship and make him and his staff available to me and those for
:01:17. > :01:21.whom I speak today. So there are avenues we can look at. The Minister
:01:22. > :01:25.has already been very open and Mr Shawcross has now been very open to
:01:26. > :01:30.me so I do hope in the spirit of cooperation the Minister will be
:01:31. > :01:35.able to give me which enable me to go back to Unlock and go back to the
:01:36. > :01:38.prison reform service and so this is a listing government and are
:01:39. > :01:41.thinking government who once introduced legislation which works
:01:42. > :01:49.for the and we can collectively designed for the public benefit. I'm
:01:50. > :01:54.grateful for the opportunity to speak in the debate this afternoon
:01:55. > :01:58.and to reaffirm some of the concerns that were expressed during the Bill
:01:59. > :02:02.committee. I still do not believe these concerns have been addressed
:02:03. > :02:07.but these amendments put forward by my honourable friend, the member for
:02:08. > :02:11.Redcar, certainly would address. I have had a long association with a
:02:12. > :02:16.number of different charities, both in a professional context as a
:02:17. > :02:23.member of staff, as a volunteer, and as a donor, whether that is regular
:02:24. > :02:26.standing order or money in the ten. Going back to some of the comments
:02:27. > :02:30.were made earlier on in this debate, I think people do know you're
:02:31. > :02:33.setting up to when they are supporting charities, whether it is
:02:34. > :02:36.their campaigning effectiveness of the charity other direct work they
:02:37. > :02:40.do with beneficiaries. I think we ought to use the opportunity of this
:02:41. > :02:45.bill to also preach a bid to the remarkable work that our large and
:02:46. > :02:50.diverse voluntary sector does, from the very largest of charities to the
:02:51. > :02:56.very smallest of charities and in my constituency of Ilford North we see
:02:57. > :03:03.a variety of Barnardo to smaller branches such as the Barkingside
:03:04. > :03:07.branch of the Royal British Legion such as the charities such as Hopes
:03:08. > :03:10.and can my dreams which was set up by volunteers to help children with
:03:11. > :03:16.life-threatening life limiting conditions to enjoy experiences that
:03:17. > :03:21.would enrich their lives at a particularly difficult moment for
:03:22. > :03:25.them and further families. These are remarkable people doing remarkable
:03:26. > :03:30.work and it is a source of disappointment to me that the
:03:31. > :03:32.voluntary sector often ends up particularly in recent times in the
:03:33. > :03:39.headlines for the wrong reasons for what I would describe as the
:03:40. > :03:42.misdemeanours of the few, however large and significant they may
:03:43. > :03:47.occasionally be. That also the unnecessary condemnation of far too
:03:48. > :03:50.many. That does seem to be some intemperate language used by members
:03:51. > :03:55.of the size and others through the pages of the media to bash at
:03:56. > :03:59.charity sector in this country which I think does a remarkable amount of
:04:00. > :04:04.good and should be cherished and celebrated rather than derided and
:04:05. > :04:12.denigrated. I am concerned as my honourable friend set out in her
:04:13. > :04:15.speech for the opposition that the warnings mechanism which provided
:04:16. > :04:20.for in this legislation does not carry right of appeal. I know from
:04:21. > :04:23.my own point of view is a former Chief Executive charity that by
:04:24. > :04:25.fiver to receive a warning on the Charity commission for any aspect of
:04:26. > :04:30.our work it is something I would take very seriously and I would
:04:31. > :04:35.expect trustees to take very seriously and yet we hear from the
:04:36. > :04:40.committee stage in the report stage debate today that the Charity
:04:41. > :04:49.commission May issue warnings for what are relatively minor, I even
:04:50. > :04:59.hesitate to use the word, fences, are infringing sins of guidance is.
:05:00. > :05:06.-- infringements of guidance is. We do expect charities to hold up the
:05:07. > :05:11.letter of the lot but that is also I do not think we should be slapping
:05:12. > :05:14.warnings and charities for falling short of best practice with a more
:05:15. > :05:17.informal warning might end up with a better outcome. I'm also
:05:18. > :05:24.particularly welcoming the new clause which deals with the disposal
:05:25. > :05:31.of assets in the committee stage of the bill we talked about the origins
:05:32. > :05:40.of some of the government was my proposals around what might be
:05:41. > :05:44.described as disposal of assets that we would talk about seizure of
:05:45. > :05:47.assets particularly regarding the government proposals around housing
:05:48. > :05:50.associations and the right to buy. I'm happy we have reached a stage in
:05:51. > :05:54.the housing debate where housing associations and the government have
:05:55. > :05:59.been able to move forward on the basis of agreement. But I do not
:06:00. > :06:03.think we should be in any doubt whatsoever about how the government
:06:04. > :06:06.reach that position and it was not through negotiation are evidence
:06:07. > :06:13.based admin. It was through threats and bullying and cajoling of Housing
:06:14. > :06:20.associations. There was the threat of that if they did not comply with
:06:21. > :06:23.the comical right by, the government would simply legislate for it and
:06:24. > :06:31.that would go against their very essence of the act we referred to
:06:32. > :06:39.earlier, the charitable uses act. It was in 1601. I would not people to
:06:40. > :06:45.review the record and find that they were inadvertently misled on this
:06:46. > :06:59.issue. I certainly will give way to the Right honourable gentleman. What
:07:00. > :07:07.kind invitation and worthy Conservative majority -- whether
:07:08. > :07:15.Conservative majority different in market Harborough I would be happy
:07:16. > :07:21.to visit. Going back to the charitable uses act of 1601 there
:07:22. > :07:25.has been long history of bequests and nations legacies given to
:07:26. > :07:31.charities really ought to be given to the use that the donor intended.
:07:32. > :07:35.And I think what my honourable friend sets out in the new clause
:07:36. > :07:41.certainly would give people the confidence that they can donate to
:07:42. > :07:45.charities or make requested charities knowing full well that
:07:46. > :07:49.independent charities would not be compelled to use disposable assets
:07:50. > :07:53.in a way which is inconsistent with the charitable purposes and so I
:07:54. > :07:57.strongly endorse the new clause to and I am back to see my honourable
:07:58. > :08:01.friend is aborted before was for discussion this afternoon. The final
:08:02. > :08:07.area I really wanted to focus on is this issue of campaigning which I
:08:08. > :08:13.feel very strongly about as someone who has been the charity campaigner
:08:14. > :08:17.both professionally and voluntary contribution to the work of
:08:18. > :08:23.charities. As I said in the intervention when I intervened on my
:08:24. > :08:27.honourable friend, the member for Redcar, I'm still at a loss to
:08:28. > :08:31.understand the problem that the gagging law was trying to solve.
:08:32. > :08:38.Charity commission guidance as was been clear that you cannot campaign
:08:39. > :08:41.for party political purposes or as certainly use charitable funds of
:08:42. > :08:45.party political campaigning and so it would be completely unlawful for
:08:46. > :08:52.the charity to see around the general election, we completely
:08:53. > :08:55.disagree with the Conservative Party policy on X and their father would
:08:56. > :09:01.encourage you to vote for one of the other parties are to say that the
:09:02. > :09:04.Labour Party policy on why is inconsistent with the views of the
:09:05. > :09:09.charity and therefore you should thought for another political party.
:09:10. > :09:15.What has always been perfectly in order, and I would argue desirable,
:09:16. > :09:19.is for charities to be an effective voice for civil society. And to make
:09:20. > :09:25.sure that when policy is up for debate, with a jury deliberations on
:09:26. > :09:27.the size one of the double parliaments and assemblies, our
:09:28. > :09:31.local authorities up another country, that they are able to
:09:32. > :09:36.gather their wisdom and experience, the evidence based at the gallery
:09:37. > :09:39.through desk research or omission research and more often than not
:09:40. > :09:43.that direct experience of working with the beneficiaries, and make
:09:44. > :09:47.sure the decision-makers are well-informed. I think that is a
:09:48. > :09:53.real benefit to our democracy. I'm afraid that the cries we have heard
:09:54. > :10:03.from the benches opposite, this is not had a chilling effect, this is
:10:04. > :10:06.simply untrue and unfounded. Where the Conservative Party is usually
:10:07. > :10:09.found in this chamber adding against red tape, the gagging order sad and
:10:10. > :10:14.in the opposite effect and I'm aware of charities back to the last
:10:15. > :10:17.general election where the campaigners and finance officers
:10:18. > :10:20.were sad that the spreadsheet is trying to calculate whether
:10:21. > :10:23.something would be a constituency spend a national spend, whether our
:10:24. > :10:27.collaboration with other charity partners would be workable within
:10:28. > :10:33.the law, where spending would be apportioned. I'm afraid that the
:10:34. > :10:36.provisions of the gagging law have brought real burdens, unnecessary
:10:37. > :10:39.burdens for charities. People are concerned about her charities are
:10:40. > :10:43.spending their money, they should will be concerned about the amount
:10:44. > :10:47.of time and money the charities might spend complying with
:10:48. > :10:51.unnecessary government regulation than the should ever be regulated
:10:52. > :11:01.concerned about for the charities ascending briefings -- ascending
:11:02. > :11:08.briefings to government. -- are sending. It does stick in the throat
:11:09. > :11:12.that lots of members of Parliament are very happy at their party
:11:13. > :11:15.political conferences are out of the constituencies to turn up for the
:11:16. > :11:22.photo opportunities with the guide dogs and the children at a local
:11:23. > :11:25.youth club or an animal rights charity and going along and seeing
:11:26. > :11:29.all the great work they do initial press release and join them the
:11:30. > :11:33.photographs but when the charity 's comeback to talk about the impact of
:11:34. > :11:38.their voting record or public policy that they have supported or might
:11:39. > :11:44.consider supporting, sadly this is considered a huge inconvenience or
:11:45. > :11:53.even worse, people would argue that this is a legal. I think the gagging
:11:54. > :11:57.law has had a chilling effect and has generated red tape and I think
:11:58. > :12:02.we should be honest about the fact that this lot which was passed under
:12:03. > :12:07.a Coalition Government with the Liberals and government was designed
:12:08. > :12:15.to serve the interests of the Liberal party and they were
:12:16. > :12:22.concerned that enough of them -- and none of them are here, that it is
:12:23. > :12:25.disappointing and the Liberal Democrat party, because many of
:12:26. > :12:29.their MPs had been silly enough to sign up to a pledge and then break
:12:30. > :12:32.it on the issue of tuition fees, were then worried there would be
:12:33. > :12:49.accountability at the subsequent election.
:12:50. > :12:53.As one of the Parliamentary candidates who campaigned on that
:12:54. > :12:59.issue, we are capable of doing that ourselves. It was a legitimate thing
:13:00. > :13:03.for student unions to approach the last general election and talk about
:13:04. > :13:08.the policy platforms parties put on offer, but also the record of the
:13:09. > :13:13.incumbent. Sometimes the laws we pass in this place tend to be more
:13:14. > :13:19.self-serving than serving the public interest and I think the voluntary
:13:20. > :13:23.sector has a powerful role to play in speaking up, not just for the
:13:24. > :13:29.broad set of beneficiaries the volunteer sector served, but
:13:30. > :13:32.thinking about the character of the volunteer sector in the United
:13:33. > :13:37.Kingdom, it is important those charities work with some of the most
:13:38. > :13:43.marginalised and disadvantaged in our society, have the freedom and
:13:44. > :13:45.encouragement to speak up for the beneficiaries. Because, it is the
:13:46. > :13:54.case and we see it sometimes in our surgeries, on the campaign trail,
:13:55. > :13:58.the hustings, and the corridors of this place, that they are not filled
:13:59. > :14:05.with the people who have the most to gain or lose in the change in public
:14:06. > :14:09.policy. Often people suffering from homelessness, drug abuse, abject
:14:10. > :14:13.policy, child abuse or other forms of abuse or ill-health, they are not
:14:14. > :14:18.the people with either the freedom of the funding to make their voices
:14:19. > :14:21.heard in this place as they should. That is why those charities who work
:14:22. > :14:26.with those people, have such a powerful role to play to create a
:14:27. > :14:30.more civilised politics in a more civilised country. For that reason I
:14:31. > :14:35.think the power to make representations in new clause three,
:14:36. > :14:43.provides absolute clarity with charities, and we encourage. I will
:14:44. > :14:47.certainly be supporting it. But in closing, Madam Deputy Speaker, I
:14:48. > :14:54.think these are points we have made in the committee. See if the
:14:55. > :14:57.Minister this afternoon is persuaded to accept our amendments, I hope he
:14:58. > :15:03.does. But I have people who have been following this debate are in no
:15:04. > :15:06.doubt, that for all of the bad headlines the voluntary sector
:15:07. > :15:10.receives, there are a great many others in this place who cherish the
:15:11. > :15:19.work of vibrance and powerful voluntary sector does. Mark Field.
:15:20. > :15:24.Thank you, it is a pleasure to speak after the honourable gentleman from
:15:25. > :15:28.Ilford North. One thing I have in common with him is a great love of
:15:29. > :15:34.London as a whole and I love walking through London. It was only this
:15:35. > :15:44.summer I went to Barkingside for the first time. You go through the hand
:15:45. > :15:49.it becomes clear how important Barnardos was. You see the new
:15:50. > :15:52.housing development on the site, it will make a big impact with social
:15:53. > :15:58.housing and possibly private housing, I suspect, to help fund it,
:15:59. > :16:03.but nonetheless it will be an asset in the community he represents. Can
:16:04. > :16:06.I thank the honourable lady from Redcar speaking from the front
:16:07. > :16:12.bench. I remember about ten years ago I had a similar instance in
:16:13. > :16:18.opposition speaking on the National Lottery Bill. I had a set of
:16:19. > :16:23.amendments I thought the House would surely take on board. Why shouldn't
:16:24. > :16:28.try to disappoint her too early on, but I suspect she may not get her
:16:29. > :16:35.own way in the way she hopes. But both the members from the 2015
:16:36. > :16:42.intakes spoke very well. The sympathy I have the hair as a new MP
:16:43. > :16:47.getting involved in a major issue in Redcar in relation to the steel
:16:48. > :16:55.industry, we have a huge amount of 74 and having to negotiate that as a
:16:56. > :17:02.local MP, must be difficult. I have some sympathy with some of what the
:17:03. > :17:06.honourable lady said despite the fierce exchanges we had earlier on.
:17:07. > :17:12.I fear it is almost axiomatic in public life, such as organisations
:17:13. > :17:18.like the Charity commission set up and granted burgeoning budgets and
:17:19. > :17:23.stuffing, they see the mission is expanding the Empire of influence.
:17:24. > :17:27.This bill has been an example of the operation of such tactics. Problems
:17:28. > :17:32.have been identified that have been addressed and largely solved either
:17:33. > :17:37.passion, commitment and the graft of volunteers, quietly and often
:17:38. > :17:43.formally and unpaid, working in their communities. An example, the
:17:44. > :17:48.extent of local charitable activities of these independent
:17:49. > :17:53.schools have been transformed over the past decade. Rather than
:17:54. > :17:56.welcoming, heralding and trumpeting the success of the big society,
:17:57. > :18:01.which is what I think this represents, we risk promoting big
:18:02. > :18:06.bureaucracy in the shape of the Charity commission. I very much hope
:18:07. > :18:14.today that whilst we resist the amendments set out in this
:18:15. > :18:17.legislation. I want to take the House on a journey. A very short
:18:18. > :18:24.journey within a stone 's throw or two... I will give way to the
:18:25. > :18:27.honourable gentleman. Does he claimed the greatest triumph of the
:18:28. > :18:39.big society was the work of its poster girl, with the kids's
:18:40. > :18:46.society? I believe it is called Kids Company. She worked with a number of
:18:47. > :18:53.politicians and there are issues that should be addressed by select
:18:54. > :18:59.Mitty is and others with what happened about that. But I would
:19:00. > :19:03.like to go on a journey to the sites in Tot Hill Street whether Harris
:19:04. > :19:10.Westminster Sixth Form centre stands. Since 2014, this academy has
:19:11. > :19:14.been a focus for substantial collaboration and cooperation with
:19:15. > :19:18.metal Westminster School, one of the older school foundations in this
:19:19. > :19:24.country, which is close at hand in Westminster Abbey. That includes the
:19:25. > :19:29.teaching of classes with small intakes in subjects such as Latin,
:19:30. > :19:32.Greek and German. For over a decade, the school have offered science
:19:33. > :19:37.outreach and summer school partnerships to several local
:19:38. > :19:42.maintained schools. As the local MP over the past 15 years, and an
:19:43. > :19:47.erstwhile president of the St Andrews youth club, the oldest youth
:19:48. > :19:52.club, which played an important role in the local community with people
:19:53. > :19:58.living in social housing and being a magnet for young boys and girls.
:19:59. > :20:02.Initially it was boys in the 1860s, but girls in more recent times, both
:20:03. > :20:07.come from the Westminster area but also from south of the river as
:20:08. > :20:10.well. I was well aware when the club lost funding from the local
:20:11. > :20:18.authority, it was Westminster School that stepped in providing cash and
:20:19. > :20:19.gym apparatus. I suspect there are scores of other local charitable
:20:20. > :20:25.organisations that could tell similar stories about the time,
:20:26. > :20:33.money and equipment donated by the local school. Charitable status
:20:34. > :20:38.rightly depends on what the charity in question is established to do.
:20:39. > :20:43.Rather than, in my view, the Charity commission's subjective analysis of
:20:44. > :20:46.public benefit. This is what I agree with some of the thrust we have seen
:20:47. > :20:55.from the other side of the House. Was we always agree charitable
:20:56. > :20:59.status confers financial benefits, the Charity commission is not the
:21:00. > :21:01.appropriate means in prescribing how independent schools and other
:21:02. > :21:08.organisations that have been referred to, should satisfy this
:21:09. > :21:10.public benefit test. It appears for party political reasons, independent
:21:11. > :21:16.schools, rather than other charitable bodies, are in the site
:21:17. > :21:22.of not just other MPs, but leading lights in the Charity commission.
:21:23. > :21:25.Surely a more sensible approach, one that would avoid any accusation of
:21:26. > :21:31.political and in particular party political bias, would it worked on
:21:32. > :21:36.some non-statutory guidance to those organisations about the anticipated
:21:37. > :21:40.nature of public benefit engagement. I think we should also recognise
:21:41. > :21:45.many independent schools do not have the capacity, or the financial
:21:46. > :21:51.resources to sponsor academies. Some lack playing fields, drama, art and
:21:52. > :21:57.music facilities that appear to be normal in private schools. There is
:21:58. > :22:01.plenty of cooperation and sharing between independence and nearby
:22:02. > :22:04.maintained schools. Healthy, informal co-operation which stands
:22:05. > :22:08.to be undermined by any proposal to define levels of contribution or
:22:09. > :22:14.extend the public benefit as we understood it in the past. It is
:22:15. > :22:18.worth stating it takes two to tango. There is little independence tools
:22:19. > :22:24.can do if the state school nearby refuses an offer to work together.
:22:25. > :22:27.It is important to place burdens of this proposed if the independent
:22:28. > :22:32.school in question doesn't have the ability to achieve the Charity
:22:33. > :22:37.Commissioner's objectives. I don't want to detain the House for too
:22:38. > :22:41.long, but it has been an interesting debate here. In truth, I share some
:22:42. > :22:44.of the concerns that have been expressed on the other side of the
:22:45. > :22:49.House that some of this legislation is purporting to solve problems many
:22:50. > :22:54.have by charitable organisations and independent schools, that they would
:22:55. > :22:59.feel they have by their own efforts, done much over the years to
:23:00. > :23:03.alleviate. Indeed, some of what is set out in this bill has worrying
:23:04. > :23:08.assumptions that underline an outdated sense of groupthink that
:23:09. > :23:12.the sets the Charity commission. Nevertheless, I hope that with its
:23:13. > :23:17.wisdom, the House will reject some of the amendments, particularly new
:23:18. > :23:22.clauses two and three, if it comes to a vote, feeling I trust my
:23:23. > :23:32.friends, the government whips will achieve the same ends. Thank you. I
:23:33. > :23:39.hope I don't keep the House the too long. I want to congratulate the
:23:40. > :23:44.member that the Cities of London and Westminster mentioning James the
:23:45. > :23:53.sixth, given the fact the only charitable organisation that still
:23:54. > :23:59.exists from his period of rain is Scotcare, based here in London and
:24:00. > :24:01.doing fantastic work. Highlights and concerns have been raised in
:24:02. > :24:07.Scotland at the possible impact that may occur due to the myriad of
:24:08. > :24:11.issues relating to the governance of charities across these islands, and
:24:12. > :24:13.I'm sure that are shared by members of Northern Ireland as well as
:24:14. > :24:17.Scotland about these concerns. Just to highlight an issue raised by the
:24:18. > :24:21.member the Cities of London and Westminster about burgeoning budgets
:24:22. > :24:30.in the Charity commission. The budget has been cut by 48% between
:24:31. > :24:35.2007 and 2015. So let's scotch that myth straightaway. Nobody should be
:24:36. > :24:40.in any date in the space of the last 18 months, the Civic Society has
:24:41. > :24:43.been rocked given the recommendations of the Everington
:24:44. > :24:50.report and this crisis of trust relationship, which has brought us
:24:51. > :24:53.to this point. The level of trusty oversight in national organisations
:24:54. > :24:58.leaves a sour taste in the mouth, not just of those in the chamber,
:24:59. > :25:02.but for those who have volunteered as trustees in the majority of
:25:03. > :25:06.charities across these islands. It is telling the organisations that
:25:07. > :25:12.have caused the most concern, so-called national charities, with
:25:13. > :25:17.well camped faces, who have been held in higher regard. More is the
:25:18. > :25:21.impact on the organisation so far investigated, Ltd. Yet the impact of
:25:22. > :25:27.the majority of small charity trustees has been profound. They
:25:28. > :25:30.find themselves labelled in the mire of mismanagement which has led us to
:25:31. > :25:36.this point. They have been sullied by the bad practice and lack of due
:25:37. > :25:39.care. Madam Deputy Speaker, while there will be those who said the
:25:40. > :25:44.small and medium-sized charitable organisations will not be impacted
:25:45. > :25:49.by this legislation, we fail to recognise the profound impact this
:25:50. > :25:55.will have on their ability to recruit, train and develop the
:25:56. > :26:02.volunteer trustees. Many members of this very chamber, Madam Deputy
:26:03. > :26:05.Speaker, our trustees themselves. I know the member for Redding East,
:26:06. > :26:13.who is no longer in her position, who noted that. Meli being an MP
:26:14. > :26:27.should not just qualify you to be an MP to default of your position. I am
:26:28. > :26:30.sure members, especially those are elected at the general election were
:26:31. > :26:36.Aston upon election if they wanted to join various charities as a
:26:37. > :26:39.trustee or director based on the predecessor having undertaken that
:26:40. > :26:45.role. This, in itself exposes from my perspective and misguided
:26:46. > :26:48.approach to trustee recruitment. Although it must be said, this
:26:49. > :26:54.approach is done by a small amount of organisations and it seems it is
:26:55. > :27:00.the larger charitable bodies that follow this approach. It is my hope
:27:01. > :27:06.that we recognise the worth and value of our civic society,
:27:07. > :27:10.especially those individual volunteers who managed charities,
:27:11. > :27:16.run services the charities and yes, even raise funds through traditional
:27:17. > :27:19.means. It was the honourable member for Ilford North who mentioned that
:27:20. > :27:26.earlier, and did so before entering this House. That we recognise those
:27:27. > :27:32.charities and we owe them an explanation on how the Civic Society
:27:33. > :27:34.has been undermined by large NGOs with substantial investment and
:27:35. > :27:40.resources who frankly should have known better. Although this
:27:41. > :27:48.legislation pertains to England and Wales only, surrounding the
:27:49. > :27:49.principal purpose has continued to undermine Civic society across these
:27:50. > :28:43.islands. has become clear to civic society in
:28:44. > :28:46.Scotland that the distinct approach would be required. In terms of
:28:47. > :28:48.fundraising. And in July of last year the Scottish council for
:28:49. > :28:54.voluntary organisations expressed concern that high-profile media
:28:55. > :28:59.reports for the feelings of UK charities could damage the strong
:29:00. > :29:05.reputation of Scotland charities. As a national intermediaries J S C all
:29:06. > :29:10.bison and for reviewing fundraising and July in parallel with the other
:29:11. > :29:15.to review this reported in September 2015 recommending that fundraising
:29:16. > :29:19.should be agreed between charities and the public and the Scottish
:29:20. > :29:24.Government with the subsequent summit held on the 26th of November
:29:25. > :29:31.last year the living and considering options. Building on the Scottish
:29:32. > :29:36.civil society led approach, Alec Neill MSP stated on the 20 4th of
:29:37. > :29:40.September 2015 the Scottish ministers would engage in a
:29:41. > :29:47.cross-party discussion on changing fundraising regulations. Therefore
:29:48. > :29:49.ensuring consensus from Parliament, the Scottish Parliament, and
:29:50. > :29:56.critically Scotland's fourth estate, civil society. Fundraising has been
:29:57. > :30:01.motivated by charities in both Scotland and England and result of
:30:02. > :30:08.the Everton review this instant introduce fundraising for England
:30:09. > :30:11.and Wales for this Parliament. As I have highlighted that the concerns
:30:12. > :30:15.with an Scottish charities could be affected with this legislation and
:30:16. > :30:20.therefore the question of the regulation fundraising Scotland
:30:21. > :30:25.remains open and the SNP benches would seek the reassurance of the
:30:26. > :30:32.Minister that Scotland will retain the ability to legislate in this
:30:33. > :30:36.area. Our Scottish Government works in a constructive collaborative way
:30:37. > :30:44.with civil society and has been praised for his work with those with
:30:45. > :30:47.disabilities and those gaining a system from refugee bodies and
:30:48. > :30:53.especially when investing over many years and local sports doctor across
:30:54. > :30:56.all 32 authorities to promote volunteering development and
:30:57. > :31:02.retention and expansion. Critically in the field of governance,
:31:03. > :31:08.trusteeship and directorship. I can only assume that given the budget
:31:09. > :31:12.cuts to the volunteer Centres and councils for everything went well
:31:13. > :31:17.have continued with an impact on opportunities to volunteer with an
:31:18. > :31:19.trusty clinic need them the most. If the government is serious about just
:31:20. > :31:26.the trip and charitable regulation it must recognise and support given
:31:27. > :31:35.by small local database charities. -- trusteeship. Fewer people
:31:36. > :31:41.volunteering for trusteeship and fewer people than eating to
:31:42. > :31:45.charities run by volunteers and few people involved in the civic life of
:31:46. > :31:50.these others. In reality the large charitable bodies who have brought
:31:51. > :31:54.about the situation have got away with it and the small and medium
:31:55. > :32:01.charitable bodies will suffer disproportionately. With that in
:32:02. > :32:07.mind, these benches will also support new clause three. This was
:32:08. > :32:10.brought by the Honourable member for Redcar and we're delighted they
:32:11. > :32:16.placing this before the House. It is in our opinion to legislate on
:32:17. > :32:23.charities that may be UK wide yet registered in England and Wales
:32:24. > :32:25.without this new clause that abilities to inform debate limits
:32:26. > :32:33.the independence of Scotland was back civic society. -- Scotland's
:32:34. > :32:36.civic society. In seeking to introduce a new model of fundraising
:32:37. > :32:43.regulation in England and Wales, I reiterate finally that Scottish
:32:44. > :32:47.Government and the national bodies of Scotland and actively considering
:32:48. > :32:51.the implications for regulations for charity fundraising in Scotland. It
:32:52. > :32:56.is right that the broad conversation as possible is held in Scotland to
:32:57. > :33:01.determine the right fundraising regulations for a distinct
:33:02. > :33:06.charitable Scottish body. With the Scottish women engaging in a
:33:07. > :33:08.cross-party discussion cross-party regulation the question of
:33:09. > :33:15.regulation of fundraising in Scotland remains open. The remains
:33:16. > :33:18.self collating or not, it is important that this House
:33:19. > :33:23.understands today that the decision that this is the bold issue -- of
:33:24. > :33:35.this devolved issue remains firmly in the hands of the Scottish
:33:36. > :33:43.Parliament. -- default issue. --Devolved. The clause seeks to
:33:44. > :33:48.alter charities that have operated in this country. By greater fool for
:33:49. > :33:51.charities I believe that we risk undermining the ability to work
:33:52. > :33:57.independently for the common good and rest are showing their standing
:33:58. > :34:08.in the eyes of the public at large. -- Fuller. I have this killing is on
:34:09. > :34:16.the need of this clause and the status quo already allows charities
:34:17. > :34:24.to lobby government in their impartial way one remaining
:34:25. > :34:31.apolitical works. I'm concerned that this new remit may have an ability
:34:32. > :34:37.on the mac -- an effect on the ability of charities to raise funds.
:34:38. > :34:42.To extend the scope of charities to allow them to campaign for against
:34:43. > :34:45.the law policy decision would inevitably incur a significant
:34:46. > :34:50.amount of additional costs which in my view would be better spent
:34:51. > :34:59.fulfilling the original aims and objectives of the charities. This
:35:00. > :35:05.should not agree with me that how the charity collector money and have
:35:06. > :35:09.a charity spends its money in order to deliver its charitable mission on
:35:10. > :35:16.behalf of its service users is of the preserve of its trustees and it
:35:17. > :35:20.is not for us to decide here such operational or moral matters and
:35:21. > :35:25.certainly not for us as individual members of Parliament to they spend
:35:26. > :35:31.their money can deliver on the charitable aims? It is up to the
:35:32. > :35:36.trustees. I understand really is coming from but I think way I
:35:37. > :35:41.interpret what the new glossary does is that it will encourage charities
:35:42. > :35:51.to go down that route and perhaps sway away from intentions, however
:35:52. > :35:55.well-meaning they may be and I think inadvertently misleading the public,
:35:56. > :36:01.not intentionally, I do admit. It is quite conceivable that we could
:36:02. > :36:04.reach a point where a large cancer charity, for instance, spends more
:36:05. > :36:08.on lobbying national and local government and it spends on
:36:09. > :36:11.investing in the research and element of new cancer drugs and I
:36:12. > :36:21.think that is really what you're trying to allude to. For me this
:36:22. > :36:27.raises an number of major issues. Firstly, the impact on donations.
:36:28. > :36:31.Charities rely heavily on public donations to fight their specific
:36:32. > :36:36.causes of issues. With the charities aid foundation recently estimating
:36:37. > :36:43.that into the 14 alone ?10.6 billion with the naked by the British public
:36:44. > :36:47.to a vast array of good causes. By politicising charities we risk
:36:48. > :36:53.donors turning away from charities whose causes support because they do
:36:54. > :36:57.not necessarily share the political agenda alignment of the charity.
:36:58. > :37:04.Secondly this clause would serve to allow larger national charities with
:37:05. > :37:07.Mozilla against resources to lobby members must place to strengthen
:37:08. > :37:12.their influence on policy and decision-making. This would be to
:37:13. > :37:15.the detriment of smaller, from local, charities, of which we all
:37:16. > :37:18.are many examples, who we further marginalised from the
:37:19. > :37:23.decision-making process because they simply could not afford to compete
:37:24. > :37:28.for a time. That is also the point. I like many others would be deeply
:37:29. > :37:34.concerned if those charities that are very much a cornerstone of our
:37:35. > :37:39.society such as the Royal British Legion, McMillan, age UK are the
:37:40. > :37:43.NSPCC to name but a few suddenly became vulnerable to infiltration
:37:44. > :37:46.from those who wanted to push a specific political agenda and use
:37:47. > :37:52.the charity to criticise or support the government of the day on running
:37:53. > :37:56.the charity as a force for good. I'm sure you would agree that we do not
:37:57. > :38:01.really need any more politicians. Yes, it is only right and proper
:38:02. > :38:06.charities play the role in our society by seeking to influence
:38:07. > :38:10.government both locally and nationally but the salsa much more
:38:11. > :38:16.to a government without widening the scope further to be out and out
:38:17. > :38:20.political campaigning or some would call it the dark arts. That is why I
:38:21. > :38:31.will be voting against this new clause this afternoon. It is a great
:38:32. > :38:35.pleasure to speak in this debate today. We often have a wonderful
:38:36. > :38:40.debates in this place about what Britishness about what our culture
:38:41. > :38:45.is about in all the rest of it. I actually think the voluntary sector
:38:46. > :38:51.must country represents the best of British, the best of English, Welsh,
:38:52. > :38:55.Scottish and Northern managed. I think we do not always say thank you
:38:56. > :39:00.as politicians but I think are starting point today is to say thank
:39:01. > :39:06.you as we consider the bill before us, to say a very big thank you to a
:39:07. > :39:11.very hard-working and diverse voluntary sector in this country. I
:39:12. > :39:15.think we also have to remember that most charities in this country are
:39:16. > :39:20.relatively small. They operate in committees and it is not our job in
:39:21. > :39:29.this place to be a pain in the net for those 900,000 plus trusty gees
:39:30. > :39:33.-- trustees of charities in this country who give of their time to
:39:34. > :39:37.make management and governance the sessions, for the charities and
:39:38. > :39:41.those many volunteers and for those people whose motivation is
:39:42. > :39:46.undoubtedly to do good in our society and in our country. However,
:39:47. > :39:51.we cannot of course forget exceptions, the horror stories.
:39:52. > :39:59.Stories like the dreadful incident of the death of Olive Cook, who
:40:00. > :40:07.appears to have been hounded by 90 charities with 460 donation letters
:40:08. > :40:13.within the course of a year. Nor can we forget the undercover Daily Mail
:40:14. > :40:17.report from the call centre from hell and what appeared to be severe
:40:18. > :40:20.malpractice in that. Nor should we forget of course the case after its
:40:21. > :40:39.company, -- Kids Company and all the abuses
:40:40. > :40:43.there which should have been dealt with by the government under its
:40:44. > :40:46.existing powers. For those of the exceptions they are nevertheless
:40:47. > :40:52.very important and it is right we are having the discussion we are
:40:53. > :40:58.having in Parliament today. I know from all sides of the House we will
:40:59. > :41:05.see in our own political traditions elements of voluntary activity and
:41:06. > :41:12.we can see, we can develop some sort of empathy from different parts of
:41:13. > :41:14.the voluntary sector. In our side, the labour movement, the
:41:15. > :41:20.co-operative movement, the working men and women's organisations and a
:41:21. > :41:26.whole range of other bodies but sold to another minister will be moved by
:41:27. > :41:30.Edmund Burke and his notion of the little platoons and I asked today he
:41:31. > :41:36.does not overburdened those well behaving little platoons in our
:41:37. > :41:40.country with red tape when it is not needed and I know that most of us
:41:41. > :41:46.would agree that whether this regulation needed generally it is a
:41:47. > :41:51.secretary is self does that best and I for one would give a welcome to
:41:52. > :41:56.the fundraising preference service which will deal with some of the
:41:57. > :42:07.totally unacceptable abuses of practice and terms of this instance.
:42:08. > :42:11.My honourable friend spoke eloquently of the safeguards
:42:12. > :42:19.required as she spoke of clause one. The power for the charity treble
:42:20. > :42:25.zero against the warning when appeal was made that morning not been
:42:26. > :42:27.public for at least 20 days after the submission of the appeal. I
:42:28. > :42:34.think that is good common sense because we're not talking about
:42:35. > :42:38.gross must contact criminal acts when that should be reported
:42:39. > :42:43.straightaway. We are talking about things that could ruin the
:42:44. > :42:49.reputation of a charity, large, medium sized or small because we
:42:50. > :42:54.will know from the wonderful report of the public administration and
:42:55. > :42:59.positional affairs committee, the 2015 charity fundraising
:43:00. > :43:06.controversy, lessons for trustees and the Charity commission and I
:43:07. > :43:08.would argue the rest of us, I would argue we know from this that the
:43:09. > :43:14.recommendations at the end make it very clear that it will be aside and
:43:15. > :43:21.in its user base available -- Assad and inescapable failure and not a
:43:22. > :43:25.success and it also makes the point of the good governance and general
:43:26. > :43:30.is about sustainability of reputation in the long term as well
:43:31. > :43:33.as finances so it is reputation that we are arguing for here and a new
:43:34. > :43:38.clause one because would be so difficult with the law as it stands
:43:39. > :43:44.at the moment for those charities to be able to undo the damage that
:43:45. > :43:50.would be dealt to it in terms of its reputation and is good standing in
:43:51. > :44:20.the community and also the very important aspect of finance.
:44:21. > :44:27.Even if you go back to the founding of charities in this country but you
:44:28. > :44:35.will see is it was not just about the release of poverty -- release
:44:36. > :44:39.from poverty but was also general charitable purposes but also the
:44:40. > :44:44.banishment of education and religion so the idea there was not a broader
:44:45. > :44:51.view in our charities of advocacy simply does not add up. I know
:44:52. > :44:55.people rightly say that advocacy should not be party political and it
:44:56. > :45:07.would be illegal for it to be but the idea that it would be a charity
:45:08. > :45:09.running particle programmes in terms of International Development would
:45:10. > :45:15.not be interested in blogging against malaria are international
:45:16. > :45:29.debt, that would be an extraordinary state of affairs. Anyone who donates
:45:30. > :45:41.to charity has that right to go straight on to see how the charity
:45:42. > :45:52.response. We want to work with the government and with the voluntary
:45:53. > :45:55.secretary is to do something sensible and not just something that
:45:56. > :46:53.we would agree with that also Mr Burke and his little platoons.
:46:54. > :47:02.When I look at this bill it is the charity 's protection Bill. It is
:47:03. > :47:06.about achieving a balance about the scrutiny and accountability of the
:47:07. > :47:16.trust and respect. Particularly in the wake of the handful of very,
:47:17. > :47:20.very sad stories that emerged during the course of last year. One has
:47:21. > :47:29.already been alluded to and that was the collapse of the Kids Company. I
:47:30. > :47:33.believe it should be proportionate and that is something I spoke about
:47:34. > :47:38.during second reading. My mind takes me back to some of those small
:47:39. > :47:46.charities in my own constituency. Rosie's Helping Hands. And the youth
:47:47. > :47:53.Theatre, which is also a charity and Saint Giles Hospice. These are
:47:54. > :47:57.charities that are led so often by the local community, by local
:47:58. > :48:03.people. Local people contribute their time, effort, energies as well
:48:04. > :48:09.as the money. And they give something back to the local
:48:10. > :48:14.community. In terms of this debate today, Madam Deputy Speaker, I
:48:15. > :48:19.wanted to speak against some of the amendments, particularly new clause
:48:20. > :48:24.three, power to make representations and also to amendment eight,
:48:25. > :48:32.relating to warnings. So with regards to amendment eight and
:48:33. > :48:36.warnings, I do feel this bill is about, at its heart, transparency
:48:37. > :48:44.and restoring trust in the eyes of the public. That is why I feel the
:48:45. > :48:48.power, so the charities commission can place on record where warnings
:48:49. > :48:54.have been given, is important. That is why I will be voting against an
:48:55. > :48:58.amendment eight. If I go to new clause three, which is the power to
:48:59. > :49:03.make representations, something we had quite a lively debate during the
:49:04. > :49:10.Bill committee stages and clearly having a lively debate again about
:49:11. > :49:19.it today. It is important we remind ourselves of two points. The first
:49:20. > :49:25.is the deliberate abuse of charities has been found to occur only and
:49:26. > :49:29.very, very rare occasions. The vast majority of charities do good work
:49:30. > :49:35.and they are reputable organisations, we must never forget
:49:36. > :49:38.that. Alongside that we have to recognise and remember that
:49:39. > :49:41.charities can and they do make representations already and often
:49:42. > :49:46.very successfully. As I referred to earlier this afternoon, we all
:49:47. > :49:52.receive representations from many, many charities during the course of
:49:53. > :49:55.our work. But there is a difference between non-political campaigning to
:49:56. > :50:00.raise awareness of a particular issue, even if the aim is to change
:50:01. > :50:05.policy or legislation and what is being proposed in this new clause. I
:50:06. > :50:09.go back to my point I believe firmly this bill is about strengthening
:50:10. > :50:15.trust in charities, the trust of the public. So, the idea through this
:50:16. > :50:19.new clause, of enshrining in legislation, the right to undertake
:50:20. > :50:27.elliptical campaigning activity completely undermines this. I fear I
:50:28. > :50:34.have almost come to the end, so I will conclude. I am normally very,
:50:35. > :50:39.very generous. But I really feel this amendment, this new clause
:50:40. > :50:44.risks losing what is fundamentally the political activity of a charity
:50:45. > :50:52.to something which risks being completely politicised and goes
:50:53. > :50:56.against the grain. Thank you. I am grateful to be called in this debate
:50:57. > :51:02.and followed the honourable member for Aldridge-Brownhills. I wasn't
:51:03. > :51:08.able to do an intervention, but I would like to make the point she was
:51:09. > :51:13.talking about political activity and political campaigning in a speech,
:51:14. > :51:17.which was a speech that reached out to all sides of the House in many
:51:18. > :51:23.aspects. What the honourable lady failed to mention is the words party
:51:24. > :51:27.political campaigning. I would point out all campaigning is political.
:51:28. > :51:32.Political activity is not always the preserve of party politics. This is
:51:33. > :51:37.something which has been lost in this debate so far. So often, people
:51:38. > :51:45.are blurring the boundaries between what is party political activity and
:51:46. > :51:48.what is political activity. Every social intercourse between different
:51:49. > :51:52.communities, people in communities, up and down the country, is
:51:53. > :51:59.political exchange and it should be celebrated. What this clause seeks
:52:00. > :52:05.to protect is the lifelong, the long-standing traditions charities
:52:06. > :52:11.can engage in political processes, within the communities, and also
:52:12. > :52:15.seek to influence party politics, but not actually become part of
:52:16. > :52:25.party political process. I think that is clear... I will be grateful
:52:26. > :52:28.to give way. I am grateful to my honourable friend and he is making
:52:29. > :52:33.an important point. We will, all of us as members of Parliament, be
:52:34. > :52:38.contacted by charitable organisations who seek to influence
:52:39. > :52:45.policymakers and policy informers to change the laws of the land. So for
:52:46. > :52:53.example, it would not be out with the role of an organisation like
:52:54. > :52:57.Shelter to campaign two members of Parliament is to get changes to
:52:58. > :53:02.homeless policies we might be debating. That is political. I am
:53:03. > :53:10.grateful to my honourable friend for making that important point through.
:53:11. > :53:12.Do this debate, the member for Harborough spoke eloquently about
:53:13. > :53:21.the cooperation and the work he has done with a charity he is a trustee
:53:22. > :53:26.of called Unlock. It was clear from his speech, it was prepared in
:53:27. > :53:32.secretly, probably with the support of Unlock. I don't see that as being
:53:33. > :53:37.party political, because all in the House have benefited with the work
:53:38. > :53:43.he has done with the charity he is trustee with. It illustrates the
:53:44. > :53:46.point, to engage with politicians does not necessarily mean you are
:53:47. > :53:51.engaging in a party political act. I am grateful to the speech for the
:53:52. > :53:58.honourable member for Harborough. I'm grateful for his interaction and
:53:59. > :54:03.support for the charity Unlock. We all benefit as a result of it. I do
:54:04. > :54:11.seek to support new clause one and the amendments eight, nine, ten, 11
:54:12. > :54:15.and 12. I think there are three fundamental benefits to our society
:54:16. > :54:21.from charities and the role they play in our society. The first is
:54:22. > :54:25.the reach charities can have in too hard to reach groups. Charities,
:54:26. > :54:32.through the methods and through the way they have evolved over time have
:54:33. > :54:37.a very far-reaching ability to work with hard to reach pockets of our
:54:38. > :54:41.society, that other parts and other organisations often struggle with.
:54:42. > :54:47.It is an incredibly important part of the work. I would also stand up
:54:48. > :54:52.and defend the strength of relationship the voluntary sector in
:54:53. > :54:57.this country has with its clients, with its service users. It is
:54:58. > :55:01.important and one of its strength is opposed to the other sectors. It is
:55:02. > :55:06.very often the case people who are vulnerable in hard to reach groups,
:55:07. > :55:11.or have multiple challenges, are very suspicious of the role of the
:55:12. > :55:14.state. For very obvious reasons. Sometimes they have been sanctioned
:55:15. > :55:19.by the state, sometimes they have been imprisoned by the state.
:55:20. > :55:24.Sometimes they have a relationship with social services they find
:55:25. > :55:27.invasive to the family life. These people are often very reluctant to
:55:28. > :55:31.work with the government and other sectors. It is the strength of the
:55:32. > :55:35.voluntary sector, in that they can work independently of government and
:55:36. > :55:41.other sectors and form a very strong relationship with these individuals.
:55:42. > :55:45.The third thing I think is very important, which I have experienced
:55:46. > :55:49.through my role being co-founder of two charities and chief executive of
:55:50. > :55:56.the charity, also the deputy chief executive of the umbrella body for
:55:57. > :56:02.the voluntary sector is the voice. The voice and the independent
:56:03. > :56:06.advocacy the voluntary sector can give to individuals and communities
:56:07. > :56:12.is absolutely essential. Key to this is giving voice to people who are
:56:13. > :56:17.dissent Howard. We all celebrate and we in this House from all sides
:56:18. > :56:21.celebrate the freedom of speech. But there are some people in our society
:56:22. > :56:28.who do not exercise freedom of speech as freely and willingly and
:56:29. > :56:31.as capably as others. That is exacerbated in this day and age even
:56:32. > :56:36.more with social media. Every person who made it to this House will be
:56:37. > :56:40.aware of the social media campaigns and the fact some people in society
:56:41. > :56:47.are having a disproportionate voice. Very often, you can map the social
:56:48. > :56:54.media activity of a constituency like Hove and Portslade, which I
:56:55. > :56:58.represent. You can probably peg and map the areas of advantage and
:56:59. > :56:59.disadvantage based on the representation they have on social
:57:00. > :57:11.media. The importance of strong advocacy,
:57:12. > :57:13.politics, party politics and the process of democratic representation
:57:14. > :57:20.exist to give the boys to everyone equally under voluntary sector are
:57:21. > :57:22.played a key part to make sure people who are isolated, alienating
:57:23. > :57:27.and disenfranchised even from the democratic process have a very clear
:57:28. > :57:33.and powerful voice in our democratic process and our democratic
:57:34. > :57:37.traditions in this country. That means advocating on their behalf,
:57:38. > :57:41.it's means advocating and liaising with politicians on their behalf and
:57:42. > :57:46.it means making sure that public policy represents everybody I'm not
:57:47. > :57:49.just those people who are able to campaign to advocate for themselves
:57:50. > :57:55.and to sign petitions and organise petitions on the number ten website
:57:56. > :57:58.and trigger a debate on this place -- in this place. Unfortunately we
:57:59. > :58:03.are going down partway where people who have advanced it I given
:58:04. > :58:07.disproportionate weight and disproportionate voice which is why
:58:08. > :58:11.we should never get to a point where people who are disadvantaged happy
:58:12. > :58:18.voices shutout from the democratic process and that worries me when we
:58:19. > :58:23.blamed this conversation and dialogue in this debate gets blended
:58:24. > :58:32.between party politics and politics per se. Volunteers are criminally
:58:33. > :58:37.responsible for the activities of the charities, they are volunteers
:58:38. > :58:42.and regular bedtime, often because they are not paid in full time it's
:58:43. > :58:47.means that they are not aware of every activity from the top to the
:58:48. > :58:50.bottom of any organisation. This sometimes can make them cautious,
:58:51. > :58:55.added to that the cruel responsibility that you have as a
:58:56. > :58:59.trustee, it's means collectively boards of trustees become cautious
:59:00. > :59:03.over time. I have been a trustee of many charities and one of the
:59:04. > :59:06.challenges you have when you're driving a charity from the executive
:59:07. > :59:11.or the board, is to make sure that the charity can still take decisions
:59:12. > :59:16.that are bold enough to deliver the transformation that service users
:59:17. > :59:21.need. I remember feeling this acutely over time, from one period
:59:22. > :59:27.of three years I was on the board of trustees of Pride. Each year, pride
:59:28. > :59:32.has a fantastic celebration on the streets which brings up up to
:59:33. > :59:37.200,000 people and I remember being a trustee for the first time during
:59:38. > :59:44.the period of Pride and I see the honourable member of Brighton and
:59:45. > :59:47.Kemptown knows the importance it has on the fabric of society and the
:59:48. > :59:52.challenges it poses for the city on policing and also making sure that
:59:53. > :59:56.the safety and safeguarding of all people who come to the city to
:59:57. > :00:02.celebrate poses very specific challenges. I remember seeing tens
:00:03. > :00:09.of thousands of people flooding through the streets and knowing as a
:00:10. > :00:12.trustee that the uncertainty of such large numbers of people could
:00:13. > :00:22.deliver all sorts of outcomes. In one Particular St, Saint James 's
:00:23. > :00:25.streets, there was one year when tens of thousands of people were
:00:26. > :00:31.squeezing down the street and there were glass shop fronts which were
:00:32. > :00:36.buckling under the pressure. I move as a trustee that if we had not
:00:37. > :00:38.taken this into account and predicted the challenges that Toby
:00:39. > :00:44.criminally responsible if there was any severe injuries as a result.
:00:45. > :00:49.These things play out in a real and tangible way in the minds of people
:00:50. > :00:56.who are running charities. I therefore worry that the imposition
:00:57. > :01:05.of official warnings can add another layer which will drive uncertainty
:01:06. > :01:11.and cautiousness through boards of trustees and down through to the
:01:12. > :01:13.executive. At a time when many charities to be outward facing,
:01:14. > :01:18.engaging with communities, open spirited and being bold to deliver
:01:19. > :01:22.the transformational change that every service users and
:01:23. > :01:28.beneficiaries needs desperately. I worry warnings that are used in
:01:29. > :01:35.low-level cases could have a disproportionate impact on the
:01:36. > :01:38.charities as they go forward. Low-level warnings can have a
:01:39. > :01:42.high-level impact if not used in the right way. I asked the minister when
:01:43. > :01:47.he sums up the debates, will he tell us whether the Charity commission
:01:48. > :01:52.will use warnings only for low-level noncompliance issues and make sure
:01:53. > :01:57.that those warnings are limited to those cases. The impact and
:01:58. > :02:00.charities could be absolutely significant if these warnings are
:02:01. > :02:06.not used in an appropriate way. It will have an impact on people
:02:07. > :02:11.funding charities, on the impact of campaigning abilities and also on
:02:12. > :02:16.the service users themselves. Service users need to know that the
:02:17. > :02:21.charities who are representing them services to them, often in very
:02:22. > :02:25.difficult circumstances to people who feel extremely isolated and
:02:26. > :02:31.vulnerable that those services are robust and if they hear talks of
:02:32. > :02:34.warnings against charities that this could have an impact on the relation
:02:35. > :02:38.that service users have the charities. We all want to make sure
:02:39. > :02:45.that charities if they do step outside of good practice, are
:02:46. > :02:50.supported back into good practice, and at times warnings should be
:02:51. > :02:55.issues. We need to make sure they are issued in the correct way. Can I
:02:56. > :03:02.ask the Minister, will a Charity commission routinely make warnings
:03:03. > :03:09.public? How often will these be made public? And how often will they not?
:03:10. > :03:12.Or there the guidance as to when warnings will be made public and
:03:13. > :03:19.when not so charities can understand the process unfolding regarding
:03:20. > :03:23.warnings? Under the legislation a warning could be issued and made
:03:24. > :03:32.public in a 24-hour period. I want to know what is the point of a
:03:33. > :03:37.24-hour notice come what can be achieved in this period from when a
:03:38. > :03:41.warning is made and then made public. What meaningfully can be
:03:42. > :03:49.achieved within a charity that can deliver the positive change that we
:03:50. > :03:53.all want to see? They cannot act, they cannot inform all the trustees,
:03:54. > :03:58.they cannot rectify many problems that will have been identified. It
:03:59. > :04:02.will only cause panic and what we do not want and I'm sure the minister
:04:03. > :04:09.does not want this and anybody on that side of the House is a charity
:04:10. > :04:15.descending into panic when it needs to be robustly supporting
:04:16. > :04:18.beneficiaries. Can I asked the Minister will the Charity commission
:04:19. > :04:26.allow adequate time to understand and prepare for any warning that
:04:27. > :04:29.will be made public. The independent sector is as important now as it has
:04:30. > :04:33.ever been, can the Minister confirm that the Charity commission will not
:04:34. > :04:41.use the power to direct charities or trustees to take a specific action?
:04:42. > :04:44.The Honourable members from both sides have spoken very eloquently
:04:45. > :04:48.about the independence of charities, many people have spoken about small
:04:49. > :04:53.charities in their own constituencies and we all have great
:04:54. > :04:56.examples of that. I don't want to forget the big charities too,
:04:57. > :05:00.sometimes we talk about small charities as if they are somehow
:05:01. > :05:05.more precious than any other, I think every charity which is
:05:06. > :05:09.registered with the commission and every charity working throughout our
:05:10. > :05:15.communities are providing fantastic services and sometimes the large
:05:16. > :05:20.charities are providing a scale that cannot be matched elsewhere and the
:05:21. > :05:23.scale of their operation can lead to the development and innovation is
:05:24. > :05:26.that others struggle to so we need to make sure that charities of all
:05:27. > :05:36.sizes are celebrated and mentioned in this bill. In summary, I want to
:05:37. > :05:41.say we on all sides of the House support the overall aims of the
:05:42. > :05:49.bill, I myself as an adviser of the Cabinet Office from 2006-7 worked on
:05:50. > :05:55.the public benefit test, Ira member world the debates including that
:05:56. > :06:04.time around the public benefit test as it is applied to public schools
:06:05. > :06:16.and pro-schools. At that time I became aware that yes, the original
:06:17. > :06:20.bill of 1601, signed by the Elizabeth the first, I know the
:06:21. > :06:25.Honourable gentleman from Brighton was a young man at the time and it
:06:26. > :06:29.is good he graces us today to bring his experience with them, the point
:06:30. > :06:35.I make about the original statute that was signed on the 17th century
:06:36. > :06:42.is that it allowed charities the scope to develop a society develops.
:06:43. > :06:49.But we cannot do is go to a point in which we legislate and micromanage
:06:50. > :06:51.charities to such an extent in using primary legislation that it inhibits
:06:52. > :06:57.charities evolving as society changes. If we had written into
:06:58. > :07:01.statute the strict definition of what is public benefit in the 1980s
:07:02. > :07:06.then I hesitate to think what it would have meant the charities
:07:07. > :07:11.delivering HIV services at the time and the time subsequent tour. We
:07:12. > :07:17.need to make sure there is enough scope in lawful charities to evolve
:07:18. > :07:19.as we move into a society which is less deferential, which is more
:07:20. > :07:25.communicative using the Internet and social media, and also as charities
:07:26. > :07:31.need to provide services to new areas of vulnerability which open
:07:32. > :07:35.up. Food banks are a new facet, an unfortunate facet but a new facet of
:07:36. > :07:40.our social landscape, we need to make sure the charities have the
:07:41. > :07:46.space to evolve without keep coming back to this house to have
:07:47. > :07:53.permission to do so. Charitable aims can never be justified by
:07:54. > :08:02.uncharitable means. That is the scandal of last summer when we had
:08:03. > :08:08.this terrible revelation to the great credit, I went to this often,
:08:09. > :08:13.by the Daily Mail and the abuse and means that charities were using the
:08:14. > :08:19.justified their aims and ends, the ends we'll support strongly. They
:08:20. > :08:22.fell into the trap of the fierce fundraising that goes on amongst
:08:23. > :08:32.charities which is becoming even fiercer and one charities spent ?20
:08:33. > :08:37.million on fundraising to raise the money. An astronomical amount of
:08:38. > :08:40.money. Understandably but quite wrongly they fell into the trap of
:08:41. > :08:48.using means that were thoroughly unjustified and were abusive to
:08:49. > :08:53.donors many cases. We have heard the case by my honourable friend, a
:08:54. > :09:00.terrible grace which should be pointed out that Olive Kirk, her
:09:01. > :09:05.death had no connection with the pressure that was being put on it,
:09:06. > :09:11.there were other reasons but there were other cases of people suffering
:09:12. > :09:23.from dementia who were plagued by repeated phone calls and letters.
:09:24. > :09:28.Again we have the case of chokers, respect or charities using chokers
:09:29. > :09:32.to accost people in the street and offer them a deal, a very poor deal
:09:33. > :09:37.for the donors. It is fine for the charities because they get a huge
:09:38. > :09:41.amount of money in but it means the donations in the first year, firstly
:09:42. > :09:45.nothing goes to the charity, very poor value for the donors. I have
:09:46. > :09:50.been asked today to speak by the chair of the public administration
:09:51. > :09:56.and constitution of affairs committee who has put down to
:09:57. > :10:00.amendments, four and five, as a senior member of the committee to
:10:01. > :10:06.make these points clear that the committee were shocked by the
:10:07. > :10:11.evidence we have. We saw all of the charities were in confessional moods
:10:12. > :10:15.and Pennington and agreed they had overstepped the mark and we were
:10:16. > :10:21.very tempted as a committee with the supervisory roles over the charity
:10:22. > :10:24.sector to call for new regulations, we decided unanimously that we
:10:25. > :10:31.didn't want to cage whole of the charity movement in a new prison of
:10:32. > :10:38.regulation that would limit their powers of innovation but they
:10:39. > :10:46.clearly R position with a poison that I'm well, Sony people have
:10:47. > :10:49.turned against the charities. Against the holiday of charity
:10:50. > :10:54.giving so we once you make that point and make it powerfully and the
:10:55. > :11:00.two amendments down there, four and five, which seek to introduce
:11:01. > :11:06.reforms. We are very strongly behind the Charity commission and if it is
:11:07. > :11:11.to do a bigger job, it must have the money, the 30% of its funding
:11:12. > :11:15.takeaway restored. I come back to the final point, the message we
:11:16. > :11:29.have, the message that the committee will have in our report, which will
:11:30. > :11:32.be coming out on Monday is that charitable ends can never be
:11:33. > :11:50.justified by uncharitable means. Before I get into the detail of the
:11:51. > :11:52.proposed changes honourable members have discussed this afternoon, I
:11:53. > :11:57.would like to make a few quick points that would frame the
:11:58. > :12:03.government's position in this debate. To reiterate an important
:12:04. > :12:09.point the overwhelming majority of charities, they are well run, they
:12:10. > :12:14.are run by hard-working, dedicated people, whose motivation is to help
:12:15. > :12:18.others and just to do good, really. They perform a vital role and we
:12:19. > :12:24.should never, in this House, forget that. The protections and
:12:25. > :12:27.strengthened powers will protect public trust and confidence for the
:12:28. > :12:32.vast majority and that is the reason behind this bill. As a result of the
:12:33. > :12:39.engagement of honourable members in both houses, under scrutiny this
:12:40. > :12:43.bill has been through, it has most certainly been improved in a number
:12:44. > :12:49.of places and I would like to put on record, my thanks to all those in
:12:50. > :12:53.making those improvements. I now turn to new clause one and want to
:12:54. > :12:56.thank the honourable member from Redcar for the explanation of her
:12:57. > :13:01.amendment. We think the review is more appropriate than a specific
:13:02. > :13:07.right of appeal to the charity Tribunal in the case of an official
:13:08. > :13:10.warning. In cases of low, medium level conduct or mismanagement, and
:13:11. > :13:17.appealed to the tribunal would be disproportionate. The Charity
:13:18. > :13:21.commission has said such a right of an appeal would render the power of
:13:22. > :13:26.unusable. It would anticipate many appeals being made as a means of
:13:27. > :13:30.frustrating the regulatory process. The resources required by the
:13:31. > :13:34.commission to defend tribunal seedings would be disproportionate
:13:35. > :13:38.to the issues at stake in official warning cases, which are by their
:13:39. > :13:43.nature, low and medium level. There would be no point in giving the
:13:44. > :13:47.Charity commission power it wouldn't use. Judicial review is a well
:13:48. > :13:53.established means to ensure generally and wrong is put right,
:13:54. > :13:57.unlike the tribunal system, it is scurrilous 's and meritorious cases
:13:58. > :14:10.of those who think delay through mitigation is the best tactic to
:14:11. > :14:13.avoid action. Some members raised concerns about the potentially harsh
:14:14. > :14:18.implications, including adverse publicity for charities in receipt
:14:19. > :14:23.of an official warning. Let me say this in response, charities exist
:14:24. > :14:30.for the public benefit and should therefore be accountable to the
:14:31. > :14:33.public. It is one of the Charity commission's duties to promote this,
:14:34. > :14:39.which is widely official warning power will be an important tool, not
:14:40. > :14:42.just in relation to ensuring a charity's compliance with
:14:43. > :14:49.regulations but also to public accountability. The concern about
:14:50. > :14:52.adverse publicity is an attempt to avoid accountability to donors,
:14:53. > :14:57.officials and the public. Some have suggested this would allow the
:14:58. > :15:02.Charity commission to direct charities. Let me be clear, it will
:15:03. > :15:06.not. The warning must specify the breach and may provide guidance on
:15:07. > :15:11.how the charity can rectify it. But the decision on how the breach is
:15:12. > :15:17.rectified is a matter for the charity's trustees. Others have said
:15:18. > :15:23.the trustees run the risk of regulatory action without the right
:15:24. > :15:26.of an appeal. I disagree. If the Charity commission were to escalate
:15:27. > :15:32.from a warning to an enquiry, the opening of the enquiry would be
:15:33. > :15:34.subject to an appeal as would the use of any enquiry powers. Finally I
:15:35. > :15:39.make a point the judge committee that undertook three legislated
:15:40. > :15:45.scrutiny of the draft bill agreed that provided the power is framed in
:15:46. > :15:51.the right way and with the right safeguards, judicial review was the
:15:52. > :15:55.appropriate means of challenge for an -- rather than an official
:15:56. > :16:02.warning. I cannot accept new clause one. I will now address amendments
:16:03. > :16:09.eight, nine, ten, 11 and 12, which the honourable member for red car
:16:10. > :16:16.has opposed to new clause one of the bill. I group them all because all
:16:17. > :16:20.except amendment nine serve to weaken the warning power. I will lay
:16:21. > :16:24.out my arguments against each amendment in detail. Let me start
:16:25. > :16:28.with amendment nine which seeks to bind the Commissioners power to a
:16:29. > :16:33.warning to notify the charity and charity trustees. I agree with this
:16:34. > :16:37.being a sensible and proportion of provision, which is why it is
:16:38. > :16:42.already required under the existing drafting of clause one. Amendment
:16:43. > :16:46.nine is superfluous. Moving to amendment eight, this seeks to stop
:16:47. > :16:49.the Charity commission are publishing a warning to a wider
:16:50. > :16:55.audience than just the charity and its trustees. Amendment ten would
:16:56. > :16:57.also restrict transparency and accountability by requiring the
:16:58. > :17:00.commission to only publish warnings in such a manner that does not
:17:01. > :17:07.identify the Charity or trustees involved. I cannot agree with these
:17:08. > :17:10.proposed changes. Charities exist for the public benefit must be
:17:11. > :17:18.accountable to the public for their work. The ability for the Charity
:17:19. > :17:21.commission to produce a public warning is in line with
:17:22. > :17:29.accountability and promoting public trust and confidence. Of course I
:17:30. > :17:34.will give way. He will recognise from my contribution, I am concerned
:17:35. > :17:40.about the notion of the Charity commission having a view at all. The
:17:41. > :17:44.reality is, should the important things are what Parliament has to
:17:45. > :17:50.say, but establishing objectives of any particular charity. The notion
:17:51. > :17:55.of any objective view, the Charity commission imposing its view and we
:17:56. > :18:02.should all have some concern about? I thank my honourable friend for
:18:03. > :18:06.that intervention. But I don't think you need worry about the Charity
:18:07. > :18:11.commission imposing its will on charities. There are many
:18:12. > :18:15.safeguards, including the referral to a charity tribunal to make sure
:18:16. > :18:20.it doesn't happen and ultimately the Charity commission, relies on the
:18:21. > :18:25.sector itself support to make sure it can function properly. The
:18:26. > :18:29.commission already publishes details of its non-enquiry compliance cases,
:18:30. > :18:34.where it is in the public interest and does this without any specific
:18:35. > :18:37.statutory power. It is right where the regulator has two intervene and
:18:38. > :18:41.issue an official warning, this is placed in the public domain.
:18:42. > :18:45.Although it should be make clear, when the issue that gave rise to the
:18:46. > :18:49.warning has been addressed, it should be archived after a period of
:18:50. > :18:53.time. The commission has published policy on how it reports on its
:18:54. > :18:57.regulatory work available on the government website. The commission
:18:58. > :19:01.would need to update this page with regard to official warning so there
:19:02. > :19:05.would be a clear policy, charities can and do make representations to
:19:06. > :19:09.the commission about the publication of particular information.
:19:10. > :19:13.Amendments eight and ten would undermined the increased
:19:14. > :19:17.transparency and public accountability of official warnings,
:19:18. > :19:22.turning it into an in effect give tool without real impact. Amendment
:19:23. > :19:27.11 seeks to limit the charity commission's ability to issue a
:19:28. > :19:34.warning, so it can only do so after a minimum notice period of 14 days.
:19:35. > :19:38.On the surface, it would ensure the trustees have, in all cases,
:19:39. > :19:41.sufficient time to consider the notice of intention to issue a
:19:42. > :19:45.warning and coordinate any representations they might wish to
:19:46. > :19:51.make. Whilst I am sympathetic with the aim of ensuring proper notice, I
:19:52. > :19:56.believe it should be addressed in the charity commission guidance. It
:19:57. > :20:00.is already clear that if the Charity commission decides to issue a
:20:01. > :20:05.warning, it must give notice of its intention to the charity and its
:20:06. > :20:08.trustees. The warning power may be appropriate to use in some
:20:09. > :20:12.circumstances where the commission needs flexibility to act more
:20:13. > :20:17.quickly than 14 days. Following debate in committee, the Charity
:20:18. > :20:20.commission recognises concerns raised and has reassured me it will
:20:21. > :20:25.normally apply a minimum notice period of 14 days. This will be made
:20:26. > :20:30.clear in the forthcoming guidance which will be published ahead of
:20:31. > :20:35.these powers coming into effect. Finally, I would like to address the
:20:36. > :20:39.changes proposed by amendment 12. I believe they are unnecessary as they
:20:40. > :20:44.aim to remedy a problem which does not exist in the current draft form
:20:45. > :20:48.of clause one. It is clear any remedial action the Charity
:20:49. > :20:52.commission may suggest in response to a warning, doesn't amount to a
:20:53. > :20:55.direction. The government has been consistently clear the commission
:20:56. > :20:59.could not use the official warning power to direct charities and I am
:21:00. > :21:05.happy to reiterate that position for the record. What the power does
:21:06. > :21:10.enable the commission to do is provide advice and guidance to the
:21:11. > :21:15.charity on how it can remedy a bridge that has been identified
:21:16. > :21:19.within the warning. -- breach. It gives the offer of support to a
:21:20. > :21:24.charity in resolving issues in a timely and adequate manner. It will
:21:25. > :21:29.also help charities understand, in more detail, what processes or
:21:30. > :21:34.actions lead to the issuing of a warning and what type of conduct
:21:35. > :21:38.could avoid this in the future. I hope I have laid out in detail to
:21:39. > :21:44.the House and the honourable member for Redcar while I do not support
:21:45. > :21:49.her amendment to clause one. I now turn to government amendment two
:21:50. > :21:52.regarding clause one of the bill. The power to issue a strategy
:21:53. > :21:56.warning previously didn't include the provision which would
:21:57. > :21:59.specifically enabled the Charity commission to vary or withdraw an
:22:00. > :22:03.official warning once it had been issued. Amendment two rectifies
:22:04. > :22:07.that. Withdrawal could be necessary if it came to light the warning
:22:08. > :22:11.should not have been issued in the first place, or in some cases, where
:22:12. > :22:17.the charity has addressed the issues set out in the warning. The power to
:22:18. > :22:19.vary a warning would likewise allow the commission to amend a warning
:22:20. > :22:23.where it has been partially addressed by the charity if the
:22:24. > :22:28.commission considered that to be appropriate. This is a sensible
:22:29. > :22:33.amendment and I commend it to the House. I do not think amendment a is
:22:34. > :22:37.necessary because where the Charity commission does withdraw warning, it
:22:38. > :22:41.will, as a matter of policy, set up the reasons for doing so when it
:22:42. > :22:46.notifies the recipient of the warning and publicises the
:22:47. > :22:50.withdrawal. In relation to the second part of amendment eight, I am
:22:51. > :22:55.sympathetic to the game, but I do not support the amendment. That
:22:56. > :22:58.could be a host of reasons why age warning was withdrawn and some of
:22:59. > :23:04.them may warrant the details remaining on the public record for a
:23:05. > :23:07.period of time. There may be unintended consequences that are
:23:08. > :23:11.detrimental to charities and the commission should this amendment be
:23:12. > :23:17.included. If a warning is withdrawn there may be press articles
:23:18. > :23:22.referring to that warning. If a member of the public goes to the
:23:23. > :23:27.register of charities, they would find no mention. In some cases it
:23:28. > :23:31.may be cases to keep a record of the warning fare, but explain it has
:23:32. > :23:35.been withdrawn. The Charity commission has said it would address
:23:36. > :23:39.these matters in guidance, which is the right matter to consider them in
:23:40. > :23:47.detail. On that aces, I see no need for amendment a. I believe the
:23:48. > :23:51.member for Ilford North was concerned about official warnings
:23:52. > :23:58.should not be used to follow and force people to follow good
:23:59. > :24:01.practice? I agree. Explanatory notes make it clear. It says failure to
:24:02. > :24:04.follow good practice could not automatically be considered to
:24:05. > :24:09.constitute misconduct or mismanagement. I hope that helps the
:24:10. > :24:19.honourable gentleman with that. If I can now turn to part the. Speak to
:24:20. > :24:26.disqualification powers in clauses nine and ten. Government amendments
:24:27. > :24:29.three and four are modest amendments but we consider them necessary to
:24:30. > :24:36.ensure the proper operation of clause nine and clause ten. Clause
:24:37. > :24:39.nine extends the effect of automatic disqualification to the most senior
:24:40. > :24:45.executive roles in the charity, that of chief executive officer and where
:24:46. > :24:48.there is one, chief finance officer. In our discussions with the Charity
:24:49. > :24:53.commission over this provision and how it would operate in practice, it
:24:54. > :24:57.became clear there was a risk under the clause as it stands, a person
:24:58. > :25:02.employed by a charity who did not exercise any management function
:25:03. > :25:05.could the court. This may be the case in a small charity which
:25:06. > :25:11.employs only one or two operational staff. These may report directly to
:25:12. > :25:15.the board do not perform management functions, since those are fulfilled
:25:16. > :25:21.by the trustees themselves. The employee in the circumstances ought
:25:22. > :25:23.not to become by the disqualification provision, as they
:25:24. > :25:26.are not involved in the management of the charity. Amendment number
:25:27. > :25:32.three in shows this will be tightened up in drafting. Government
:25:33. > :25:37.amendment number four makes exactly the same provision in relation to
:25:38. > :25:42.the power for the Charity commission to disqualifying clause ten. I hope
:25:43. > :25:49.people will agree with me these are sensible provisions to add to the
:25:50. > :25:55.bill? I now turn to the amendment made by the member for Harborough. I
:25:56. > :25:59.am great role for him or tabling the amendment because it gives me the
:26:00. > :26:02.chance to provide some reassurance on the record. He is a strong
:26:03. > :26:05.supporter and advocate of charities involved in the rehabilitation of
:26:06. > :26:11.ex-offenders, which is a commendable cause. Charities and the voluntary
:26:12. > :26:14.sector play a significant role in the support and rehabilitation of
:26:15. > :26:19.ex-offenders. We should recognise and encourage the important
:26:20. > :26:27.contribution in reducing reoffending and helping former offenders
:26:28. > :26:33.reintegrate into society. I want to ensure the bill's provisions do not
:26:34. > :26:36.impact on this important work. The disqualification provisions in the
:26:37. > :26:42.Bill are important. Whilst the existing system has worked well, in
:26:43. > :26:45.needed updating. The bill seeks to extend disqualification provisions
:26:46. > :26:48.as an important way protecting charities from individuals who may
:26:49. > :26:52.seek to abuse their position of trust whether for personal financial
:26:53. > :27:08.gain or some other purpose. Who change their ways and to want to
:27:09. > :27:11.give something back by working or volunteering for a charity, however
:27:12. > :27:15.people who can show they have turned over a newly to take up of
:27:16. > :27:19.responsibility in the charity sector have the ability to apply to the
:27:20. > :27:26.Charity commission for the disqualification to be waived. It is
:27:27. > :27:33.worth pointing out the commission have received six applications where
:27:34. > :27:36.the disqualification resulted from an unspoken or conviction, all of
:27:37. > :27:40.these applications were granted an further there is a right of appeal
:27:41. > :27:45.to the tribunal if the commission refuses to grant a waiver. It is
:27:46. > :27:49.also worth reminding the House at the disqualification only applies to
:27:50. > :27:53.senior management roles of trustee, chief executive and chief finance
:27:54. > :27:58.officer 's. These provisions do not stop disqualified individuals
:27:59. > :28:06.working in other roles in the charity. I can confirm for The
:28:07. > :28:09.Record that this will not commence the automatic disqualification
:28:10. > :28:14.provisions in clause nine for a period of 12 months following
:28:15. > :28:21.enactment. I would be prepared to consider slightly nonglare if
:28:22. > :28:29.necessary -- longer, if necessary, we want to work closer to
:28:30. > :28:33.rehabilitation charities. I have asked the Charity commission to
:28:34. > :28:37.closely engage with rehabilitation charities such as unlock as it
:28:38. > :28:43.develops new guidance ahead of the commencement of these provisions. It
:28:44. > :28:47.has agreed to do this and I started work on a working group to consider
:28:48. > :28:53.how the changes will be lamented. I know for example it has invited a
:28:54. > :28:57.number of rehabilitation charities to workshop in February to discuss
:28:58. > :29:04.the bill and the implementation of the provisions. I'm very grateful
:29:05. > :29:08.for giving way. Will the Minister join me in congratulating unlock for
:29:09. > :29:15.working with the member, the Honourable member for Harborough and
:29:16. > :29:19.the partnership between a politician and a political party and a charity
:29:20. > :29:23.has produced a fantastic speech today and important points having an
:29:24. > :29:28.impact on legislation on the House of Commons, is that not to be
:29:29. > :29:31.welcomed? I can see the trap the honourable gentleman is setting up
:29:32. > :29:36.for me and I will not walk in because I have further comments to
:29:37. > :29:39.make on the transparency of lobbying. I thank him for his
:29:40. > :29:46.intervention and attempts, lame though it was. There will be senior
:29:47. > :29:50.managers who will be caught by the extension of the disqualification
:29:51. > :29:52.provisions, was the number of waiver applications will increase, we do
:29:53. > :29:57.not think a significant number of people will be affected by the
:29:58. > :30:04.changes. I will be surprised if it runs towards the low 100 -based
:30:05. > :30:08.under the experienced under the existing regime. I recognise
:30:09. > :30:12.concerns that have been raised and I therefore am happy to commit to
:30:13. > :30:14.produce a report of our assessment on the impact of the
:30:15. > :30:24.disqualification changes in the bill. I would deposit it in the
:30:25. > :30:30.House library. I cannot promise it will cover every detail but it will
:30:31. > :30:35.provide a very detailed assessment as he has requested. I can ensure
:30:36. > :30:39.that describes occasion powers in the bill will protect charities from
:30:40. > :30:46.individuals to present a known risk while at the same time providing for
:30:47. > :30:52.rebuild station of offenders on a case-by-case basis. That strikes me
:30:53. > :30:59.as being quite fair portion of. If I can move on to... Can I thank my
:31:00. > :31:03.honourable friend for the assurances. They are very welcome
:31:04. > :31:07.and those I have been speaking with and for today much look forward to
:31:08. > :31:14.the discussions that will follow the debate. I thank him for those kind
:31:15. > :31:19.words and will certainly work for a closely with those organisations.
:31:20. > :31:25.Now if I can move to Amendment 13. Amendment 13 seeks to empower the
:31:26. > :31:30.Charity commission to disqualify trustees in cases of collective
:31:31. > :31:34.failure. I explained the Charity commission already has the power to
:31:35. > :31:39.act in the circumstances and has indeed done so in cases relating to
:31:40. > :31:43.systemic governmental issues. There is no reason why the Charity
:31:44. > :31:49.commission could not take action against all trustees were to do so
:31:50. > :31:54.was appropriate proportionate and in accordance with the principles of
:31:55. > :31:59.best regulatory practice. For that reason I do not support Amendment
:32:00. > :32:02.13. I now turn to Amendment 14 which would give the Charity commission
:32:03. > :32:06.the job of consulting on and publishing guidance on how it
:32:07. > :32:11.assesses and fitness and relation with the power to qualify as set out
:32:12. > :32:13.in clause ten of the bill. We discussed a similar amendment in
:32:14. > :32:18.committee and while I agree with the intended effect, I do not believe it
:32:19. > :32:22.is necessary. When the bill was published in the other place by the
:32:23. > :32:27.Charity commission, is publication was well received document setting
:32:28. > :32:31.out its initial thoughts on how it would exercise the disqualification
:32:32. > :32:35.power. It highlights the broad categories at the commission will
:32:36. > :32:39.consider, namely honesty and integrity, competence and
:32:40. > :32:43.credibility. It gives various examples of the sorts of specific
:32:44. > :32:46.conduct it would take into account. I explained a number of these
:32:47. > :32:51.examples in committee and do not propose repeating them today. The
:32:52. > :32:55.Charity commission has further committed to develop and consult on
:32:56. > :33:00.its initial thinking into draft guidance on how it would operate to
:33:01. > :33:03.disqualify. All of this will happen before the power to disqualify
:33:04. > :33:07.commences. As with any commission guidance this will be kept under
:33:08. > :33:11.regular review to reflect changes in legislation or tribunal findings. On
:33:12. > :33:21.that basis I do not see that Amendment 14 is necessary. To
:33:22. > :33:25.Amendment 15. The Charity commission already only considers conduct
:33:26. > :33:31.relevant and Sirius. If it were to take account of other conduct, I
:33:32. > :33:38.would expect any result to the dethroned up by the tribunal on
:33:39. > :33:45.appeal. Besides that the amendment poses unintended consequences with
:33:46. > :33:47.the inclusion of the relevant and serious in condition at.
:33:48. > :33:51.Specifically including those words in the disqualification power would
:33:52. > :33:57.cast doubt on all the commissions other powers which don't contain
:33:58. > :34:02.them. The exercise of these other powers such as the power to remove a
:34:03. > :34:07.trustee and the power to direct a charity depend on conduct that is
:34:08. > :34:10.both relevant and serious. Even though these words are not included
:34:11. > :34:16.in the criteria for exercising the power. I do not want there to be a
:34:17. > :34:19.risk that these other powers could be interpreted as not requiring
:34:20. > :34:24.relevant or serious conduct in order to be exercised. While I understand
:34:25. > :34:28.and sympathise with the aims of Amendment 15, I hope the House will
:34:29. > :34:32.understand why do not think it is necessary and could inadvertently
:34:33. > :34:38.reduce the bar for the other powers which I would not support. Finally
:34:39. > :34:44.in Amendment five is another relatively modest remembrance
:34:45. > :34:48.suggested by charities. As I have said in relation to the amendment
:34:49. > :34:53.tabled by my honourable friend, we are keen to work with rehabilitation
:34:54. > :34:57.charities to make sure the bill does not undermine important work. As the
:34:58. > :35:00.bill stands in order to make a disqualification order against a
:35:01. > :35:04.person, the Charity commission will need to meet one of six conditions,
:35:05. > :35:11.a through two F to be met alongside other things. One of those
:35:12. > :35:16.conditions, be, the individual has been convicted outside of the UK on
:35:17. > :35:19.offence against the Charity or the administration of a charity had it
:35:20. > :35:22.been in the UK would have automatically disqualify the
:35:23. > :35:27.individual. As it stands the commission can only take into
:35:28. > :35:30.account overseas conviction that is not spent under the law of the
:35:31. > :35:34.territory concerned whether conviction took place. It was
:35:35. > :35:38.pointed out to me that it would be fairer and more proportionate if
:35:39. > :35:41.this limitation related to the rear bill at Haitian period for an
:35:42. > :35:48.equivalent UK sentence rather than every ability in period the overseas
:35:49. > :35:52.jurisdiction. I agree this would be proportionate and Amendment five
:35:53. > :35:55.makes a necessary change. Briefly my honourable friend for the City of
:35:56. > :36:02.London quite ingeniously managed to speak about independent schools, he
:36:03. > :36:07.made a very important point about the ways in which they can provide
:36:08. > :36:10.public benefit. There is not one single way the Charity commission
:36:11. > :36:16.would not direct any independent school that there is one single way
:36:17. > :36:25.to achieve public benefit. Man Deputy Speaker, let me start my
:36:26. > :36:30.comments about clause to -- Madame. Close to represent an attempt to
:36:31. > :36:33.reassert provision that we reassert the bill in the public committee.
:36:34. > :36:38.Let me explain why the Government opposes it. It was described by
:36:39. > :36:43.several peers as sending a signal of opposition to the Government's plan
:36:44. > :36:46.to legislate and extend the right to buy two tenets of Housing
:36:47. > :36:50.associations. This message from the other place has been received
:36:51. > :36:54.considered and responded to. Extending right by the tens of
:36:55. > :36:58.housing associations is a manifesto pledge on which we were elected and
:36:59. > :37:02.which we are committed to deliver. It'll mean up to 1.3 million more
:37:03. > :37:08.families in England get the chance to own their own home whilst at the
:37:09. > :37:14.same time ensuring replacement of housing stock. However we listen to
:37:15. > :37:17.the concerns raised and rather than legislate it or implemented, we
:37:18. > :37:21.reached a voluntary agreement with housing associations that will
:37:22. > :37:27.remember policy was protecting the independence of housing
:37:28. > :37:31.associations. So... Thank you for giving way. It is important to
:37:32. > :37:36.reflect that this was a manifesto commitment. Some of us have even had
:37:37. > :37:39.concerns about but it was a manifesto commitment and it was
:37:40. > :37:42.rightly brought up in the housing and panning bill, it is a very
:37:43. > :37:49.disrespectful attitude to the House and a dangerous precedent when other
:37:50. > :37:54.bits of legislation are used to essentially undermine other
:37:55. > :37:58.legislation part and parcel of the manifesto commitment. It happened
:37:59. > :38:03.here and in the last Parliament in relation to the change in boundaries
:38:04. > :38:07.when a sub-clause was used elsewhere in an entirely different bits of
:38:08. > :38:10.legislation, something which the House of Lords are abusing their
:38:11. > :38:17.position if they think they can do this in this form. I'm sure the laws
:38:18. > :38:21.along the corridor will have listened to what my honourable
:38:22. > :38:25.friend has said and I hope this bill will not be altered further as a
:38:26. > :38:33.result of those very strong words he said. Just to take at that point,
:38:34. > :38:37.this is an issue which does affect charities, we are here debating
:38:38. > :38:40.Charity legislation, the right to buy does affect the ability of
:38:41. > :38:43.housing associations to control assets which is a fundamental change
:38:44. > :38:46.in a relationship balance they have in terms of their role and the
:38:47. > :38:49.ability of the Government to tell them what to do with their asset
:38:50. > :38:53.which is why this has been debated today. Obviously the opposition is
:38:54. > :38:57.entitled to put forward whatever Amendment is they want as long as
:38:58. > :39:02.they are in order but it is not just that this was unnecessary, this new
:39:03. > :39:08.clause would be damaging which I'm sure was not the intention. Many of
:39:09. > :39:15.the rules applying to investments in and disposal of derived from caselaw
:39:16. > :39:19.over hundreds of years, proponents argue its reflects the existing case
:39:20. > :39:23.law but I do not accept that. A simple provision such as this cannot
:39:24. > :39:29.hope to reflect the accumulated detail of caselaw derived from many
:39:30. > :39:34.hundreds of judgments. Caselaw already requires charities to use
:39:35. > :39:36.and dispose of assets in a way that supports the delivery of charitable
:39:37. > :39:42.purposes but provides flexibility from particular 's circumstances
:39:43. > :39:48.that a statutory provision cannot. How for example with this affect
:39:49. > :39:55.compulsory orders? How affect existing rights of 1.4 million
:39:56. > :39:57.housing association tenants and the right to buy? Howard affect the
:39:58. > :40:04.exercise of the Charity commission 's power such as directing property
:40:05. > :40:07.in statutory enquiry. There are too many questions about this that we
:40:08. > :40:13.have not had a satisfactory answers to, either this afternoon or to the
:40:14. > :40:17.course of the bill. Now close to would give the Charity commission a
:40:18. > :40:21.new and broad role in policing the use and disposal of charity assets.
:40:22. > :40:23.This is inconsistent with our current A-bomb helping the
:40:24. > :40:31.commission to focus on the core regulatory activities. If I can turn
:40:32. > :40:41.to core three -- clause three, I think Mrs at worst damaging. Charity
:40:42. > :40:45.law is ready setting out clear laws to charities can and can't do in
:40:46. > :40:53.campaigning and little activity, I explain these in details so I do not
:40:54. > :40:56.propose to do that again today. If clause three seeks to amend the
:40:57. > :41:01.existing law than I do not think it does, in a similar way to the new
:41:02. > :41:06.proposed clause two, it attempts to put into provision all of the
:41:07. > :41:10.existing case law. This is the risks changing the boundaries of what is
:41:11. > :41:14.permitted, new clause three would allow charities to undertake
:41:15. > :41:20.political campaigning or political activity but it does not define what
:41:21. > :41:23.it means. Where for example allow partisan campaigning, if this were
:41:24. > :41:28.the case then it would represent a real shift in the law and I would
:41:29. > :41:31.strongly object to that. In particular I think the public would
:41:32. > :41:35.be very surprised and disappointed to see charities taking part and
:41:36. > :41:40.campaigning on a party political basis. Existing case law does not
:41:41. > :41:44.allow charities to engage in Purtell campaigning to such an extent that
:41:45. > :42:19.it calls into question whether or not they are a
:42:20. > :44:11.I suggested improvements, and the Government accepted recommendations
:44:12. > :44:19.for a new self-regulatory body backed up by powers to the Charity
:44:20. > :44:23.commission. And as Chief Executive Stephen Dunmore. What is more than
:44:24. > :44:29.the regulator will establish fundraising preferences who give
:44:30. > :44:37.those people who are overwhelmed by the show volumes of request they
:44:38. > :44:43.received a simple way to opt in. I am grateful to the people who have a
:44:44. > :45:11.ready draft proposals on how this will work in practice.
:45:12. > :45:17.Should this still prove insignificant the Government would
:45:18. > :45:21.have the power to mandate the Charity commission with the
:45:22. > :45:25.regulation of funding. I truly hope that I and my successors are putting
:45:26. > :45:31.the position to resort to these powers and the charity sees its last
:45:32. > :45:36.to make an independent self-regulatory system work. If
:45:37. > :45:44.self-regulation does fail, it needs to ensure that we stepping quickly.
:45:45. > :45:53.I warmly welcome the support we have had for the approach to addressing
:45:54. > :45:59.fundraising regulation and I welcome supportive comments. I would like to
:46:00. > :46:04.thank my honourable friend, the member for Harwich and North Essex
:46:05. > :46:07.for his work as chair of the public administration and Constitutional
:46:08. > :46:10.affairs committee. This committee has played an important role in
:46:11. > :46:16.investigating poor practices we saw last summer. I welcome the report
:46:17. > :46:21.published yesterday and it would give careful consideration and I
:46:22. > :46:25.will give careful consideration before responding injury course. As
:46:26. > :46:29.a report highlights the public expects a high standard from the
:46:30. > :46:33.charity and public ad ministration committee, I believe charity should
:46:34. > :46:38.get the last chance to put their own house in order to ensure some
:46:39. > :46:44.confidence that has been lost. I am most grateful to allow me to
:46:45. > :46:48.intervene. The minister will be aware that in Northern Ireland,
:46:49. > :46:52.people are very generous to a whole range of charities. This bill has
:46:53. > :46:57.unfortunately been designated as exclusively English. If we have
:46:58. > :47:02.constituents of mine in Northern Ireland who are oppressed by
:47:03. > :47:09.requests from Heather Olver righty of charities. Can they legitimately
:47:10. > :47:13.and properly complain to the charities and the new regulatory
:47:14. > :47:20.body? The honourable lady is will write, this is England early.
:47:21. > :47:23.Northern Ireland has a separate devolved way of doing things and I
:47:24. > :47:31.suggest our first port of call would be to suggest to those sponsored or
:47:32. > :47:40.in Northern Ireland. I'm very grateful indeed Madame Deputy
:47:41. > :47:44.Speaker and I thing the minister does not grasp the point. There are
:47:45. > :47:48.national charities across the United Kingdom of which Northern Ireland is
:47:49. > :47:55.a part, thousands of people voted in the referendum on the agreement to
:47:56. > :47:59.remain part of the United Kingdom, national charities such as the
:48:00. > :48:03.Salvation Army, the art and ally and various other charities, the donors
:48:04. > :48:11.and supporters are also in Northern Ireland so the first port of call is
:48:12. > :48:16.is here. She makes her case strongly here and that is right that she
:48:17. > :48:20.should do that. I hope she will also make a case very strongly to those
:48:21. > :48:22.responsible in the devolved administration that many people in
:48:23. > :48:33.Northern Ireland wanted and gained as a result of the actions of
:48:34. > :48:38.subsequent governments. New clause forward change the relationship
:48:39. > :48:47.between the Charity commission if we propose to allow the commission to
:48:48. > :48:51.hold meetings on... In relation to new clause four, the commission does
:48:52. > :48:57.not believe it has the resources to effectively exercise the power to
:48:58. > :49:00.exercise the powers on fundraising as suggested. It can in theory
:49:01. > :49:07.already hold hearings in relation to statutory enquiries under section 46
:49:08. > :49:12.of the charities act 2007, but does not do so because it is not an
:49:13. > :49:22.effective means of undertaking a bit casework. I understand my honourable
:49:23. > :49:26.member would have proposed in his new clause four to offer the
:49:27. > :49:29.protection of witnesses not to have the evidence used against them in
:49:30. > :49:35.other proceedings rather than legal professional privilege for those
:49:36. > :49:38.giving evidence in hearings on Charity fundraising. Legal
:49:39. > :49:42.professional privilege protects the lawyer client relationship and is
:49:43. > :49:48.not what my honourable friend is looking to achieve here. It would be
:49:49. > :49:52.proceedings undertaken by the Charity commission and not
:49:53. > :50:00.proceedings in Parliament, said Parliamentary privilege would not be
:50:01. > :50:06.appropriate. It is a power to make secondary legislation that is
:50:07. > :50:11.necessary or desirable in connection with regulating Charity fundraising.
:50:12. > :50:14.It commission were to assume statutory sponsor the Latifah
:50:15. > :50:18.fundraising and this included holding public hearings, we would
:50:19. > :50:24.need to consider at that point, what detection for witnesses would fall
:50:25. > :50:31.within the scope of the power. I think I will now move on to my
:50:32. > :50:36.honourable friend's new clause five, which prematurely tasks the Charity
:50:37. > :50:40.commission with becoming the primary regulator for fundraising
:50:41. > :50:44.activities. This is something the government has provided for but
:50:45. > :50:49.through the stronger reserved powers we introduced at committee stage.
:50:50. > :50:53.There would also be a risk of undermining public confidence if
:50:54. > :50:57.self-regulation were to fail while under the oversight of the Charity
:50:58. > :51:01.commission, particularly if the solution to that failure would be
:51:02. > :51:06.statutory regulation by the Charity commission. We would also need to do
:51:07. > :51:12.more detailed thinking about whether and if so, how witnesses should or
:51:13. > :51:15.could be protected by some sort of equivalent to Parliamentary
:51:16. > :51:19.privilege, which is what I think my honourable friend may have been
:51:20. > :51:26.seeking with this amendment. However, I agree with the findings
:51:27. > :51:30.of the public administration and Constitutional affairs select
:51:31. > :51:35.committee, that it would be a sad and inexcusable failure of charities
:51:36. > :51:42.to govern their own behaviour should statutory regulation become
:51:43. > :51:46.necessary. Perhaps I can reassure under reserved powers under the
:51:47. > :51:52.belly would be possible for the Charity commission to receive
:51:53. > :51:58.responsibility, but deliver that through a third party such as the
:51:59. > :52:03.fund regulator. Subsection two of the new section introduced by clause
:52:04. > :52:10.14 of the bill already specifically enables this. I give way. I
:52:11. > :52:14.recognise the comments from my honourable friend from Northern
:52:15. > :52:16.Ireland which I raised in specifically to fundraising and this
:52:17. > :52:22.legislation should not impact the right of the Scottish Parliament.
:52:23. > :52:28.Will he reiterate that on the floor of the House? The representative for
:52:29. > :52:32.Scotland were at the fundraising summits and it is a devolved matter
:52:33. > :52:39.and it is up to them what rules they set for Scotland. This is an England
:52:40. > :52:43.and Wales Bill, it does not affect Scotland. It is up to the Scottish
:52:44. > :52:49.regulator how they wish to proceed. I maintain it is important to keep a
:52:50. > :52:52.clear division between statutory and self-regulatory powers to ensure
:52:53. > :52:56.better regulation of fundraising. The best way to achieve this is to
:52:57. > :52:59.support the new fundraising regulator and if it should fail make
:53:00. > :53:03.a decisive and clear move to statutory regulation. Should
:53:04. > :53:06.self-regulation failed the government will not hesitate to
:53:07. > :53:10.intervene, which could include tasking the Charity commission of
:53:11. > :53:15.regulation of fundraising. We think it is too soon to permit the Charity
:53:16. > :53:21.commission to enhance statutory role in fundraising. So I hope members
:53:22. > :53:27.will understand why I don't support the new clauses three and four. Now
:53:28. > :53:33.if I come onto final of an amendment six and seven, would not refer to
:53:34. > :53:37.ask the tasks Paea to carry the cost of fundraising regulation if it is
:53:38. > :53:40.the results of a failure of charities to protect the public from
:53:41. > :53:47.their own poor practices. So government amendment 67 with allow
:53:48. > :53:50.the government funding regulator or the Charity commission to charge
:53:51. > :53:54.fees. Many of the charities signed up to and paint the old system of
:53:55. > :53:58.self-regulation were who followed best practice and there was a
:53:59. > :54:04.problem of what we called free riders. To guard against this risk,
:54:05. > :54:07.the Hetherington review suggests did any charity with fundraising
:54:08. > :54:12.expenditure beyond a certain level should be subject to a levy,
:54:13. > :54:16.requiring large and we'd incised fundraising charities to paper
:54:17. > :54:22.regulation. Should government need to compel charities to register with
:54:23. > :54:26.the Charity fundraising regulator, it is important they can levy fees
:54:27. > :54:30.for registration. This is what amendment six would enable.
:54:31. > :54:35.Government amendment number seven deals with fees should the reserve
:54:36. > :54:40.power be exercised for the Charity commission to regulate fundraising.
:54:41. > :54:44.It would ensure regulation can provide for the Charity commission
:54:45. > :54:50.to charge fees across the range of bodies it would regulate as the
:54:51. > :54:55.fundraising regulator. I hope my explanation suffice that these
:54:56. > :54:59.amendments are an important part of the backstop to self-regulation and
:55:00. > :55:02.will help to ensure the effect the regulation of fundraising in the
:55:03. > :55:07.future. But of course I will be happy to provide more detailed
:55:08. > :55:11.responses. The main point is I hope these amendments are not needed and
:55:12. > :55:15.charities will support the new, tougher self-regulatory system that
:55:16. > :55:24.is being established under the leadership of my noble friend, Lord
:55:25. > :55:35.Grey. I commend these government amendments to the House. I will be
:55:36. > :55:39.brief! I would like to thank everybody for their contributions
:55:40. > :55:43.this afternoon. There is a wealth of experience in the charity sector in
:55:44. > :55:48.this chamber and has added to the progress of this bill. New clause
:55:49. > :55:53.one, the clause before the House. I am afraid while don't share the
:55:54. > :55:56.minister's view that judicial review will be more cost-effective, it may
:55:57. > :55:59.be the case for the Charity commission, but not the charities
:56:00. > :56:04.who are appealing, many of whom will not afford to have a judicial
:56:05. > :56:08.review. I will work with the sector and the government to monitor the
:56:09. > :56:12.use of these warnings outside of primary legislation. So I do not
:56:13. > :56:19.wish to push new clause one to a quote. -- vote. But new clause three
:56:20. > :56:23.and amendment eight I do, because dumping our concerns have been met.
:56:24. > :56:34.Is it your pleasure that new clause new clause 1b is withdrawn. The
:56:35. > :56:46.question is, new clause three to be removed formally. The question is
:56:47. > :09:05.that it be read a second time. Division, clear the lobby.
:09:06. > :09:29.The baize to the riots, 236, the noes to the left, 280. -- ayes. The
:09:30. > :09:35.eyes to the right 236, the noes to the left to June 80. The noes
:09:36. > :09:45.habits. Amendment eight be made, as many
:09:46. > :11:54.opinion say ayes, of the country noes. Division, clear the lobbies.
:11:55. > :12:03.The question is Amendment eight be made. Tellers for the ayes, Judith
:12:04. > :17:58.Cummins, tellers for noes Simon Kirby.
:17:59. > :21:11.Order, order.. The eyes to the right,, 196. The noes to the left,,
:21:12. > :21:24.280. The eyes to the right, 196 the noes to the left, 280. With the
:21:25. > :21:29.leave of the House we will take amendments two to seven together.
:21:30. > :21:38.Government amendments be made. As many as are of the opinion say
:21:39. > :21:42."aye". To the contrary, "no". The ayes have it, the ayes have it..
:21:43. > :21:46.Consideration completed. I will now suspend the House for about five
:21:47. > :21:52.minutes in order to make a decision about certification. The division
:21:53. > :21:57.bells will be wrong two minutes before the House resumes. Following
:21:58. > :22:00.my certification, the government will be tabling the appropriate
:22:01. > :22:05.consent motion, copies of which will be available shortly in the vote
:22:06. > :24:03.office and will be distributed by doorkeepers. Order.
:24:04. > :24:05.Subtitles will resume on MPs returning after the suspension of
:24:06. > :25:20.the House. Subtitles will resume on MPs
:25:21. > :26:32.returning after the suspension of the House.
:26:33. > :26:42.Order, order. I can now inform the House of my decision about
:26:43. > :26:46.certification. For the purposes of standing order number 83 L,
:26:47. > :26:50.subsection two, I have certified that the Charities (Protection and
:26:51. > :26:56.Social Investment) Bill relate exclusively to England and Wales, on
:26:57. > :27:04.matters within devolved legislative competence as defined in standing
:27:05. > :27:07.order number 83 J. Copies of my certificate or available in the vote
:27:08. > :27:13.office. Understanding order number 83 a, a consent motion is therefore
:27:14. > :27:19.required for the bill to proceed. Does the minister intends to move
:27:20. > :27:25.the consent motion? Move formally. Even a nod from a whip would
:27:26. > :27:35.suffice, but instead, we have the full throttle of ministerial words.
:27:36. > :27:40.The House is greatly privileged, and I am sure it will not be forgotten.
:27:41. > :27:45.The House shall forthwith resolve itself into the legislative grand
:27:46. > :28:09.committee England and Wales. Order, order.
:28:10. > :28:17.Order. I remind how is that although all members may speak in the debate,
:28:18. > :28:21.only members representing constituencies in England and Wales
:28:22. > :28:30.may vote in the consent motion. I call the minister to move the
:28:31. > :28:32.consent motion. Move formally. The question is that the legislative
:28:33. > :28:42.grand committee England and Wales consent to the Charities (Protection
:28:43. > :28:49.and Social Investment) Bill, Lords. Point of order, Sylvia Hermon. Thank
:28:50. > :28:54.you. I begin with a heavy heart to make this point of order, but I feel
:28:55. > :28:58.duty bound to do so. When this certification process was introduced
:28:59. > :29:05.and debated before the Christmas recess, the indication was that when
:29:06. > :29:08.it was moved and we sat in the grand legislative committee, a minister
:29:09. > :29:11.would be called upon to move the consent motion and then a debate
:29:12. > :29:17.would commence. It was disappointing last night that there was no effort
:29:18. > :29:21.by the minister to open the debate while the motion was being moved. To
:29:22. > :29:29.find this happening again today, I would like clarification from you,
:29:30. > :29:31.Madam Chairman, as to whether it is appropriate to consistently now
:29:32. > :29:37.adopt a routine of a minister moving a motion without further debate. The
:29:38. > :29:42.honourable lady is aware that it is up to the minister to either move
:29:43. > :29:45.the motion formally or to speak to it, but the honourable lady is also
:29:46. > :29:56.entitled to speak in the debate now if she so wishes. I am very grateful
:29:57. > :30:00.for that clarification. I know that even if I were to vote, my vote
:30:01. > :30:08.would not count. This is a serious constitutional issue, particularly
:30:09. > :30:11.for those from Northern Ireland. After years of horrendous violence
:30:12. > :30:14.in Northern Ireland, we have the Good Friday agreement, otherwise
:30:15. > :30:17.known as the Belfast agreement, and we voted in our thousands that
:30:18. > :30:22.Northern Ireland would be part of the UK until we voted ourselves out,
:30:23. > :30:27.and that isn't going to happen any time soon. On the basis of which my
:30:28. > :30:30.constituents elected me at the general election, it was to
:30:31. > :30:36.represent them in this House. In an intervention on the minister earlier
:30:37. > :30:40.the minister rightly indicated that yes, there is a charities commission
:30:41. > :30:42.in Northern Ireland, but the charities commission in Northern
:30:43. > :30:50.Ireland has only got devolved responsible it is. The point I was
:30:51. > :30:54.making to the ministries that there are national churches across the UK,
:30:55. > :31:00.such as the National Trust. Those constituents of mine in Northern
:31:01. > :31:03.Ireland, where we have the Giant's Causeway, owned by the National
:31:04. > :31:16.Trust, and other wonderful properties, when those constituents
:31:17. > :31:19.join the National Trust online, their membership goes straight to
:31:20. > :31:24.the headquarters of the National Trust. The fact that we have a
:31:25. > :31:29.devolved charities commission in Northern Ireland does not give its
:31:30. > :31:32.national reach. The point I would make to the minister and would wish
:31:33. > :31:38.him to respond to is, when you have national charities, I mentioned the
:31:39. > :31:44.Salvation Army and the RNLI and the national headquarters are based in
:31:45. > :31:50.England, I would like the minister to kindly do my constituents the
:31:51. > :32:02.courtesy of explaining why this is designated as exclusively English
:32:03. > :32:08.only. I can reassure the honourable lady that I sit on the procedure
:32:09. > :32:11.committee, and we are looking at what is happening in this procedure
:32:12. > :32:16.and we will report back to the House. These are matters of
:32:17. > :32:22.interest, but when I have recently sat in on these consent motion is, I
:32:23. > :32:28.notice that nothing is said at all. It is incumbent that we draw our
:32:29. > :32:31.procedures and that the procedures have a purpose. The problem with
:32:32. > :32:34.Evel is that because the Conservative government has an
:32:35. > :32:39.overall majority, not one part of any bill in this parliament will be
:32:40. > :32:43.changed one iota by Evel. If there was not a Conservative majority
:32:44. > :32:46.after the next general election because other parties are opposed,
:32:47. > :32:51.it could be abolished in an afternoon. So we will be looking at
:32:52. > :32:56.these procedures carefully. We will want to be reassured that our
:32:57. > :33:03.procedures under Evel are actually changing something. I will respond
:33:04. > :33:10.briefly to the honourable lady's comments. She asked why the bill is
:33:11. > :33:13.designated as a bill for England and Wales, and that is because this bill
:33:14. > :33:19.relates in its entirety to England and Wales. On the point she raises
:33:20. > :33:27.about a charity that covers the whole of the UK, and it hardly
:33:28. > :33:34.behoves me to reiterate with passion and fulsome nurse our support for
:33:35. > :33:38.the United Kingdom, which we share, the regulation of the activities of
:33:39. > :33:44.charities in Northern Ireland is devolved. In the same way that I do
:33:45. > :33:50.not have responsibility for the activities of the Northern Ireland
:33:51. > :33:56.charities commission, which regulates activities of charities in
:33:57. > :34:01.Northern Ireland, likewise, this section of the debate is to ensure
:34:02. > :34:08.that there is consent among the MPs who are covered by this legislation
:34:09. > :34:14.for this legislation. Therefore, the reason I didn't speak at the start
:34:15. > :34:18.is because, given that this bill is clearly restricted to activities
:34:19. > :34:23.that take place in England and Wales, it is obvious that it is
:34:24. > :34:32.therefore an English and Welsh Bill for these purposes. I am grateful to
:34:33. > :34:40.the minister for allowing me to intervene. I am sorry to repeat
:34:41. > :34:45.myself, but we have legislation that is about to go through this House in
:34:46. > :34:50.its final stages which would give increased powers to the charities
:34:51. > :34:54.commission, based in England. However, if the charities commission
:34:55. > :34:58.based in England to take action against a national charity, of which
:34:59. > :35:05.my constituents are members, supporters and donors, my
:35:06. > :35:10.constituents are directly affected by the actions of the Charity
:35:11. > :35:13.commission to that charity. Am I therefore not entitled to represent
:35:14. > :35:19.the views of my constituents in this House? Of course she is about to
:35:20. > :35:22.represent the views of her constituents. That is what she has
:35:23. > :35:29.been doing in the stages of this bill. But it is also right that
:35:30. > :35:35.English and Welsh MPs have their say on this bill. I would point out that
:35:36. > :35:42.if her constituents were involved in a similar way in a charity that was
:35:43. > :35:47.headquartered in France or Germany or America or anywhere else in the
:35:48. > :35:51.world, that charity would of course be regulated in the same way as a
:35:52. > :36:00.charity based in England, by its home regulator. It is a consequence
:36:01. > :36:04.of the devolution of charities law and the actions of support for and
:36:05. > :36:08.regulation of charities to Northern Ireland that therefore, this isn't
:36:09. > :36:14.an issue for Northern Ireland, it is an issue for England and Wales and
:36:15. > :36:23.therefore under the Evel proposals, this is self-evidently in England
:36:24. > :36:26.and Wales Bill. I don't want this to become a one-way conversation, but I
:36:27. > :36:29.don't think the people in Northern Ireland would be flattered to be
:36:30. > :36:36.compared with France. I have listened studiously to the
:36:37. > :36:41.government front bench reassuring this House that this is a one-nation
:36:42. > :36:46.government. I would invite the minister to come to Northern Ireland
:36:47. > :36:51.to meet with those who contribute to charities in Northern Ireland and
:36:52. > :36:54.for the minister to explain to them why, when the government claims to
:36:55. > :37:00.be a one-nation government, that in some cases, Northern Ireland MPs
:37:01. > :37:06.don't count apart from Sinn Fein members, of course. It is self
:37:07. > :37:13.evident that if the issues in this bill relate to England and Wales as
:37:14. > :37:20.they do, then this pill should be certified as an England and Wales
:37:21. > :37:23.Bill. It is a consequence of devolution that those representing
:37:24. > :37:29.England and Wales should be able to have their vote on a bill that
:37:30. > :37:35.relates only to England and Wales. To respond to the point that my
:37:36. > :37:44.right honourable friend made earlier, the idea that anybody would
:37:45. > :37:48.unwind these provisions, which protect English and Welsh voters
:37:49. > :37:53.from having legislation imposed on them without the will of the
:37:54. > :37:55.majority of people in England and Wales, that is inconceivable in any
:37:56. > :38:02.future parliament because the reaction of those who would
:38:03. > :38:06.therefore be able to be overruled by others, who have their own devolved
:38:07. > :38:21.assemblies and parliaments, would be savage. I am a member of the
:38:22. > :38:26.procedure committee, and we were clear in our deliberations that the
:38:27. > :38:29.Speaker would make a ruling as to whether a piece of legislation fell
:38:30. > :38:34.within these protocols or not, but would not be required to give the
:38:35. > :38:40.raison d'etre for why he had made that ruling. I may be out of order
:38:41. > :38:46.in raising this is a point of order, but listening to this exchange, it
:38:47. > :38:50.feels as if the authority of the chair and the decision that Mr
:38:51. > :38:53.Speaker has taken is now being challenged. And critically, it seems
:38:54. > :38:59.to undermine what we thought was an important principle, namely that the
:39:00. > :39:03.authority of the chair should be such that a challenge would not be
:39:04. > :39:13.required and an explanation for his or her ruling would not be required
:39:14. > :39:16.either. I thank the honourable gentleman for that point of order. I
:39:17. > :39:20.would also like to remind the House that we are discussing the consent
:39:21. > :39:26.motion rather than the rights and fronds of Evel. It has been a rather
:39:27. > :39:30.two-way exchange and I have allowed the debate to go on a bit. This is
:39:31. > :39:34.my first time in the chair during a legislative grand committee. It is
:39:35. > :39:36.only the third time this has happened. But as the honourable
:39:37. > :39:42.gentleman has said, the procedure committee is looking at the Evel
:39:43. > :39:45.process in the round, and I think the honourable lady should make
:39:46. > :39:49.submission to the procedure committee. It would be good if we
:39:50. > :40:03.could now move on and discuss the consent motion, or put the question.
:40:04. > :40:12.It is indeed the Speaker's decision as to the consent motion and a
:40:13. > :40:16.decision quite rightly for him. I remind honourable members that if
:40:17. > :40:20.there is a division on the consent motion, only members representing
:40:21. > :40:25.constituencies in England and Wales may vote. This extends to expressing
:40:26. > :40:30.an opinion by calling out when the question is put. The question is
:40:31. > :40:32.that the legislative grand committee England and Wales consents to the
:40:33. > :40:36.Charities (Protection and Social Investment) Bill, Lords. As many as
:40:37. > :40:47.are of the opinion, say "aye". To the contrary, "no". The ayes have
:40:48. > :40:56.it, the ayes have it. Point of order, Sir Edward Leigh. It is
:40:57. > :41:05.terribly important that the Speaker is not dragged into controversy. May
:41:06. > :41:08.I gently point out that it is the government which initiates these
:41:09. > :41:12.consent procedures. We were told they were to be rare, because there
:41:13. > :41:15.is no point stirring up bad feeling in Northern Ireland and Scotland if
:41:16. > :41:20.it doesn't make a difference to the result of any division or any part
:41:21. > :41:23.of any bill. So I hope the government are listening and
:41:24. > :41:25.Williams use this procedure as rarely as possible. That point has
:41:26. > :42:02.been noted. Order, order. Order. The legislative grand
:42:03. > :42:04.committee England and Wales has consented to the Charities
:42:05. > :42:14.(Protection and Social Investment) Bill laws. The third reading? Now.
:42:15. > :42:23.Minister? I beg to move that this bill now be read a third time.
:42:24. > :42:28.Charities are at the very heart of our society. The vast majority of
:42:29. > :42:33.charities are run well by selfless people whose motivation is to help
:42:34. > :42:39.others. By way of example I was struck by the incredible way that
:42:40. > :42:41.charities and the local community mobilised after the devastating
:42:42. > :42:49.floods that took place in Cumbria in December. Cumbria Community
:42:50. > :42:54.Foundation set up a fund to help all those affected and it has already
:42:55. > :43:01.raised ?4 million alongside government contributions.
:43:02. > :43:05.Businesses, charities, individuals, raised funds to support the appeal.
:43:06. > :43:12.In Carlisle Bay helped renovate the local youth club devastated by
:43:13. > :43:16.floods. We owe a great debt to the charities and the volunteers who
:43:17. > :43:21.make a difference. We celebrate the work of this one example just as we
:43:22. > :43:26.celebrate our hospices, universities, housing associations,
:43:27. > :43:31.global research institutes and the many other charities, from the most
:43:32. > :43:36.local to those with worldwide reach, we salute their effort, the time,
:43:37. > :43:41.the generosity and the joy that charities give in the service of the
:43:42. > :43:45.public. This bill will help to protect this vast majority of
:43:46. > :43:50.charities from the tiny minority who would seek to abuse the benefits of
:43:51. > :43:55.charitable status and risked undermining the public's trust on
:43:56. > :44:05.which charities as a whole rely. I give way. I am grateful indeed,
:44:06. > :44:10.generally, for allowing me to intervene again. In light of the
:44:11. > :44:13.fact that he has emphasised on a number of occasions that
:44:14. > :44:16.responsibility for charities is devolved in Northern Ireland, and
:44:17. > :44:22.given the changes in this legislation, would he confirm that
:44:23. > :44:26.he will make it a top priority to be on the telephone to his counterpart
:44:27. > :44:30.in the Northern Ireland assembly to say, this is what we have done in
:44:31. > :44:35.Westminster, perhaps you can think of these changes in Northern
:44:36. > :44:39.Ireland? We will make contact with the Northern Ireland assembly to
:44:40. > :44:42.make sure we can have that communication, not least because
:44:43. > :44:46.this bill will also support charities who want to engage in
:44:47. > :44:51.social investment, which is something many can benefit from.
:44:52. > :44:54.This is a new way for charities to maximise the impact of their
:44:55. > :45:00.investments and it will better support regulation for fundraising
:45:01. > :45:04.which have been found wanting. We all support charities that week in,
:45:05. > :45:09.week output in brilliant work in our constituencies and I want to ensure
:45:10. > :45:11.the regulatory framework for charities continues to support
:45:12. > :45:16.charities like these, while continuing to support the work of
:45:17. > :45:21.the Charity Commission on robustly bearing down on few bad apples. I
:45:22. > :45:24.will touch on some of the things I hope that through the passage of
:45:25. > :45:31.this bill we will be able to deliver. First, extending trusty
:45:32. > :45:35.disqualification to better protect charities and individuals who
:45:36. > :45:40.present a known risk. I struggled during the passage of this bill to
:45:41. > :45:43.conceive how it could ever have been considered appropriate for a
:45:44. > :45:47.convicted terrorist or money-laundering to be involved in
:45:48. > :45:54.running a charity. These changes are long overdue. But I agree with the
:45:55. > :46:00.point made by my honourable friend, the member for Harborough, that we
:46:01. > :46:06.must and not undermine the vital work charities do in the
:46:07. > :46:10.rehabilitation of offenders. It will allow those to change their ways and
:46:11. > :46:16.a route back to charity trusteeship. I hope the commitments given bye-bye
:46:17. > :46:23.honourable friend, the Minister for civil Society, will provide a degree
:46:24. > :46:30.of further assurance. The National audit committee in 2013 recommended
:46:31. > :46:34.the government looks at gaps and weaknesses and we have done so. But
:46:35. > :46:40.we should be clear that this bill provides only one element of the
:46:41. > :46:46.change that is needed. The Charity Commission was established in 1853
:46:47. > :46:50.to take on a number of the court's functions in relation to charities.
:46:51. > :46:58.It was at that time a source of public concern about the misconduct
:46:59. > :47:00.in charities that led to the founding of the Charities
:47:01. > :47:07.Commission. Fast forward 150 years and its role is in many ways much
:47:08. > :47:12.the same, focused on giving public confidence in charities and we all
:47:13. > :47:16.want strong, effective, independent regulation of charities. The
:47:17. > :47:21.Charities Commission is making great strides towards this under the
:47:22. > :47:26.strong, sure-footed leadership of its chairman, William Shawcross.
:47:27. > :47:31.They are driving the transformation of the commission into a modern and
:47:32. > :47:36.effective and efficient regulator. But this change can only happen with
:47:37. > :47:39.the full commitment and support of the Charities Commission staff and I
:47:40. > :47:46.pay tribute to them for their hard work. The extension to the
:47:47. > :47:50.commission's powers in this bill had been carefully thought through and
:47:51. > :47:56.as a result public consultation, passage through this house and in
:47:57. > :48:01.the other place, we have a bill that is much improved and the commission
:48:02. > :48:05.will be equipped with the tools it needs to tackle mismanagement in
:48:06. > :48:09.charities and to do so effectively. I am assured by the range of
:48:10. > :48:14.safeguards that accompany the powers, some of which have resulted
:48:15. > :48:19.from consultation and scrutiny. Most charities will not seek a direct
:48:20. > :48:23.impact on them from the new powers in this bill. Most charities are
:48:24. > :48:29.never on the receiving end of the Charities Commission powers. But
:48:30. > :48:38.ensuring the regulator can act quickly and effectively against
:48:39. > :48:45.series of -- serious abuse, we will support them directly. For
:48:46. > :48:49.fundraising practices have the potential to undermine public trust
:48:50. > :48:55.and confidence in charities and there is sadly already evidence of
:48:56. > :49:00.reduced trust. We acted quickly, commissioning a review last summer,
:49:01. > :49:05.and I am grateful to Sir Stewart and the cross-party panel of peers who
:49:06. > :49:09.supported it. He recognised the serious risk to public trust in the
:49:10. > :49:15.charities sector generally and the need for change in the fundraising
:49:16. > :49:19.practices of some charities. Its review represents a watershed
:49:20. > :49:26.moment. I welcome the support from members opposite. We all agree there
:49:27. > :49:31.is a need for change. It really is the last chance for self-regulation.
:49:32. > :49:36.Under the leadership of Lord grade of Yarmouth it will have every
:49:37. > :49:40.chance. I hope very much at all across the charities sector are
:49:41. > :49:44.willing and able to embrace that. I do not want to have to resort to
:49:45. > :49:50.statutory regulation, but we will if we must. Now we will have the
:49:51. > :49:55.reserve powers we need in case they are needed. I welcome the important
:49:56. > :49:58.contribution on fundraising published yesterday by the public
:49:59. > :50:05.administration and Constitutional affairs Select Committee. The
:50:06. > :50:08.honourable member has followed these proceedings closely and will need to
:50:09. > :50:14.carefully consider the report before responding fully. But we agree with
:50:15. > :50:21.the central finding that it will be a sad and inexcusable failure for
:50:22. > :50:26.charities should statutory regulation become necessary. The
:50:27. > :50:32.bill will help charities who want to get involved in this exciting new
:50:33. > :50:38.area. We are committed to social investment. The UK is a world leader
:50:39. > :50:42.in this respect. It will help charities to play a bigger role. I
:50:43. > :50:46.am pleased there is a review provision in the bill that after
:50:47. > :50:50.three years will enable Parliament to look back at the provisions to
:50:51. > :50:55.see the impact they have had. I hope that that is a happy occasion. This
:50:56. > :50:58.bill and the improvements it will bill would not have been possible
:50:59. > :51:05.without a huge amount of hard work from many people. I pay tribute to
:51:06. > :51:13.my honourable friend, the member for Reading East, and my noble friend
:51:14. > :51:18.Lord Bridges of Headley. Charities law can be fiendishly complex and
:51:19. > :51:22.they have not only grasped those complexes, but they have explained
:51:23. > :51:26.them to members of both houses. They have met a wide range of
:51:27. > :51:30.stakeholders and have discuss all aspects of the bill. I want to thank
:51:31. > :51:34.my officials from the Cabinet Office and from the Charities Commission
:51:35. > :51:41.who supported the bill's passage. My honourable friend the member for
:51:42. > :51:45.Saint organs and the member for Leeds, North East, also I want to
:51:46. > :51:53.thank the honourable member for Redcar and the noble Baroness of
:51:54. > :51:57.Kentish Town. We have not agree on everything, but the rows have tended
:51:58. > :52:02.to be about things that were not in the bill. But we have the shared aim
:52:03. > :52:06.of protecting charities and ensuring the Charities Commission has the
:52:07. > :52:10.right powers independently and effectively to regulate charities.
:52:11. > :52:17.The debates have been constructive and positive and in my view an
:52:18. > :52:21.example of the House at its best. Particular recognition should go to
:52:22. > :52:23.the joint committee on the job protection of Charities Bill that
:52:24. > :52:31.undertook pre-legislative scrutiny under the wise chairmanship of my
:52:32. > :52:33.noble and learned friend Lord Hope. Their pre-legislative scrutiny
:52:34. > :52:39.resulted in a number of improvements before the bill was introduced. I
:52:40. > :52:44.thank the Law Commission for their work, their expertise was important
:52:45. > :52:48.to get the detail right. I want to pay enormous thanks to all others
:52:49. > :52:56.who contributed in any other way. Finally, I want to thank my noble
:52:57. > :52:59.friend Lord Hodgson whose prescient 2012 review identified many of the
:53:00. > :53:06.weaknesses in fundraising self-regulation that are now being
:53:07. > :53:09.addressed both through this bill and implementation of the Etherington
:53:10. > :53:16.Bill more broadly. That work showed the path we have followed and we
:53:17. > :53:21.will approve, I hope is a house today. This bill has broad support
:53:22. > :53:25.through the long process of consultation and scrutiny. We have
:53:26. > :53:29.listened and active where we have heard ideas to strengthen the bill
:53:30. > :53:34.and added additional safeguards. The bill will support and protect a
:53:35. > :53:38.strong, independent charities sector that is so important to the way of
:53:39. > :53:47.life in Britain and I commend it to the House. Thank you, Madam Deputy
:53:48. > :53:54.Speaker. It has been a privilege to serve on this bill on behalf of her
:53:55. > :53:57.Majesty's opposition. I would like to pay tribute to all the civil
:53:58. > :54:00.servants and the clerks of this house and I would like to thank all
:54:01. > :54:05.of those on the bill committee who gave up so much of their time to
:54:06. > :54:09.scrutinise this bill in a constructive and positive way. I
:54:10. > :54:13.would like to thank the Minister and his team for the open and
:54:14. > :54:23.cooperative approach. Disappointed as I am, although not surprised,
:54:24. > :54:29.that we did not have any of our amendments implemented, I would like
:54:30. > :54:32.to put on record my thanks to the Minister for clarifying certain
:54:33. > :54:39.points. Particularly the fact that the Charities Commission will give
:54:40. > :54:44.14 days notice in most circumstances to issuing a warning. That is
:54:45. > :54:48.helpful. It is also helpful to hear him clarify that the Charities
:54:49. > :54:53.Commission do not see themselves as having the power to direct as a
:54:54. > :54:57.result of this warning. It is important that they intend to notify
:54:58. > :55:00.the charity itself of the reasons a warning has been withdrawn which
:55:01. > :55:08.will enable the public record to be set straight. I would also like to
:55:09. > :55:11.thank all of those members who have participated in debating this bill,
:55:12. > :55:19.both here and in the other place. I would also like to thank Baroness
:55:20. > :55:24.Hater of Kentish Town. They did sterling work and the bill is all
:55:25. > :55:29.the better for their expertise. Many members of the House bring a great
:55:30. > :55:34.deal of experience and knowledge of the sector, and is history and its
:55:35. > :55:39.Elizabethan law. I would like to thank those for whom this bill is
:55:40. > :55:44.for. The millions of people in this country to give up their time to
:55:45. > :55:50.volunteer, to fund raise, donate and support in many other ways Britain's
:55:51. > :55:52.charitable and voluntary sector. Britain is the most generous
:55:53. > :55:56.developed country in the world and we should be proud of the
:55:57. > :56:01.extraordinary things done by extraordinary people in this sector
:56:02. > :56:07.every day. But there is no doubt the charities sector has been through a
:56:08. > :56:12.rocky period. Alongside shrinking funding, ever-growing demand for
:56:13. > :56:15.services and support they provide an ever increasing public scrutiny,
:56:16. > :56:20.there have been a series of high-profile and deeply damaging
:56:21. > :56:25.cases. They have had significant repercussions on the sector as a
:56:26. > :56:29.whole. I believe the sector has taken swift and positive action to
:56:30. > :56:35.respond to these cases, but it is right parliamentarians do our bit to
:56:36. > :56:40.make sure we have the regulatory framework they need to enable them
:56:41. > :56:43.to fulfil their charitable objectives, to maintain the
:56:44. > :56:48.integrity and to maintain strong public support. That is what this
:56:49. > :56:53.bill seeks to do. That is why we have supported it. It is vital we
:56:54. > :56:57.get this framework right and the powers in this bill are here to
:56:58. > :57:04.serve and support and empower charities to thrive and flourish,
:57:05. > :57:09.Charities are independent, and rightly so. They work with many of
:57:10. > :57:15.the most vulnerable and challenging people. Many work in the most
:57:16. > :57:20.dangerous places. Charities have to be able to take risks. They have to
:57:21. > :57:24.be able to innovate and shape new thinking and challenge prejudice.
:57:25. > :57:27.They have to be able to find new answers to some of the biggest
:57:28. > :57:31.challenges we face in the world, where politicians too often fall
:57:32. > :57:35.short. Regulating a sector like this is not easy. Getting the balance of
:57:36. > :57:39.regulation right is therefore critical if we are not to damage or
:57:40. > :57:43.that is good about this sector. Throughout this bill, we have raised
:57:44. > :57:46.a number of concerns and although our amendments have not been taken
:57:47. > :57:51.up, we will continue to scrutinise and monitor the government. There
:57:52. > :57:54.are four areas I want to set out as we read this bill for the third time
:57:55. > :57:57.where our concerns have not emerged and where we will continue to
:57:58. > :58:01.monitor progress. Thirsty, the new powers afforded to the Charity
:58:02. > :58:05.commission. We have tried throughout the passage of this bill against
:58:06. > :58:09.some concessions to the new power for the commission to give warnings
:58:10. > :58:15.to charities. There is a danger, as the honourable member for the City
:58:16. > :58:18.of London punted out, of self-fulfilling bureaucracies, and
:58:19. > :58:21.when you put that together with reduced budgets, there is a big onus
:58:22. > :58:28.on the commission to deliver in an ever more challenging environment.
:58:29. > :58:32.The minister has insisted that powers will be used proportionately.
:58:33. > :58:35.We believe this places a substantial burden of judgment on the
:58:36. > :58:39.commission, without having achieved any more safeguards on the face of
:58:40. > :58:43.the bill. We hope he will be proved correct. Warnings which are meant
:58:44. > :58:47.for low-level issues could, particularly when published, have a
:58:48. > :58:50.significant effect choking off donations and the reputational
:58:51. > :58:54.damage could be significant, even terminal to a charity. We would like
:58:55. > :58:58.to see the right of appeal awarded to the charity 's tribunal. We would
:58:59. > :59:01.like to prevent warnings from being published or whether details were
:59:02. > :59:04.published, for the charity not to have been identified. I was grateful
:59:05. > :59:07.to the minister for his clarification that the charities
:59:08. > :59:11.commission will not be a bitter director Charity on the back of the
:59:12. > :59:13.warning. This would have been a significant shift in the
:59:14. > :59:16.relationship and independence of charities. We will watch the use of
:59:17. > :59:21.these warnings with care as the powers become implement it.
:59:22. > :59:24.Secondly, on the powers relating to charity trustees, these are
:59:25. > :59:27.important to get right. We were pleased to see the amendment of the
:59:28. > :59:30.Lords which expanded the restrictions on charity positions to
:59:31. > :59:35.those on the sex offenders register, but like the honourable member for
:59:36. > :59:38.harbour, and as we also raised in committee, we still have concerns
:59:39. > :59:42.that the detail has not been sufficiently worked through as
:59:43. > :59:44.regards charities that work in the criminal justice system and which
:59:45. > :59:48.work closely with current and ex-offenders for the purpose of
:59:49. > :59:52.their charitable aims. So I welcome the minister's pledged to work
:59:53. > :59:54.closely to see this through. On the fundraising powers, we believe the
:59:55. > :59:59.sector has made great strides in relation to the recommendations in
:00:00. > :00:03.the review, and this legislation supports that progress with improved
:00:04. > :00:07.reporting and monitoring, whilst maintaining the self-regulation of
:00:08. > :00:13.the sex. It is right that people's privacy is respected, that people
:00:14. > :00:18.are not placed under undue pressure and that vulnerable people are
:00:19. > :00:22.protected, all of which this bill sets standards for. We will watch
:00:23. > :00:26.this space carefully to see whether back-up power is the minister added
:00:27. > :00:31.to the bill which we support will be required. Again, we hope not. An
:00:32. > :00:34.elite, I come to the freedom to campaign, which we have tried
:00:35. > :00:37.unsuccessfully to tackle in the passage of this bill. I am afraid
:00:38. > :00:42.this is where the minister and I will not see I do I. We on this side
:00:43. > :00:46.remain omitted, as was shown by the vote today, to the Denswil of the
:00:47. > :00:49.right of charities to campaign and influence the little process as a
:00:50. > :00:54.vital part of healthy democracy and integral to the concept of society.
:00:55. > :00:58.As we have discussed already today, charities are in the best place to
:00:59. > :01:02.identify problems in public policy, as they are so often the ones
:01:03. > :01:07.picking up the pieces of political policy failures. They see the waste.
:01:08. > :01:11.They see the opportunity to prevent problems, and they can achieve their
:01:12. > :01:14.charitable aims more successfully if they can help shape the decisions
:01:15. > :01:18.which affect the people in the communities they support. But we see
:01:19. > :01:23.before us and a Liberal government that is scared to be open to
:01:24. > :01:26.scrutiny, a government that has railroaded important proposals like
:01:27. > :01:32.this credit changes, fracking and student grants through Parliament
:01:33. > :01:36.without debate, that scrap targets it knows it will not rich, a
:01:37. > :01:39.government that sees the Freedom of Information Act as an irritant on
:01:40. > :01:42.the Human Rights Act as an inconvenience, that refuses to
:01:43. > :01:46.publish Cabinet papers and has no problem with millions of people
:01:47. > :01:49.dropping off the electoral register. Charities are the latest victims of
:01:50. > :01:54.a government which rides roughshod over the legitimate voices of civil
:01:55. > :01:58.society. The lobbying act was part of this fundamentally illiberal
:01:59. > :02:02.approach and an attempt to gag charities by a government vehicle of
:02:03. > :02:05.public scrutiny. It is a shame the government did not use the
:02:06. > :02:11.opportunity we gave them today, with the passage of this bill, to put
:02:12. > :02:14.right that wrong. In these areas, we will continue to hold this
:02:15. > :02:17.government to account. We will watch the implementation of this bill and
:02:18. > :02:21.in particular the balance of power between charities and the
:02:22. > :02:24.commission. But we believe that fundamentally, this bill does
:02:25. > :02:28.provide a good regulatory framework for the charitable sector, which if
:02:29. > :02:31.used well will enable charities in Britain not just to survive in this
:02:32. > :02:39.challenging time, but also hopefully to flourish. I am delighted to be
:02:40. > :02:43.able to speak today on this important bill as it goes through
:02:44. > :02:48.its third reading. I believe this bill will protect the government
:02:49. > :02:51.governance of our charities. As a new member, it has been important
:02:52. > :02:56.for me to take part in all stages of this bill in this place. I was
:02:57. > :03:01.delighted to be part of the Bill committee and see the process is
:03:02. > :03:04.there. It was a good learning curve for me. Our charities play an
:03:05. > :03:08.important role across our nation, and I believe we are stronger for
:03:09. > :03:12.the extensive work they carry out. We would be poorer as a nation if we
:03:13. > :03:17.did not have our amazing charities and their hard-working trustees,
:03:18. > :03:23.volunteers and staff. It is literally millions of volunteers who
:03:24. > :03:27.make a difference. 41% of people have reported taking part in
:03:28. > :03:32.volunteering in the last year. That is a massive 21 million people
:03:33. > :03:36.across the UK. And we are the home of some of the world's greatest
:03:37. > :03:40.charitable fundraisers, such as Children In Need, Comic Relief,
:03:41. > :03:45.Sport Relief and of course Live Aid. Closer to my home in my constituency
:03:46. > :03:51.of Burwash, I have some amazing local charities. The Kent and trust
:03:52. > :03:54.is a charity that raises money and supports the homeless. On the 1st of
:03:55. > :04:01.April, I will be taking part in their sleep out for the third year.
:04:02. > :04:06.I hope we do not have snow that they make me a complete full on the 1st
:04:07. > :04:09.of April but will so have tree tops hospice, which provides care at home
:04:10. > :04:15.rather hospital beds for those at the end of their lives. Home start
:04:16. > :04:20.Erewash supports many local families. Community concern Erewash
:04:21. > :04:24.provides a luncheon club and services such as a laundry service
:04:25. > :04:29.and decorating for those who can no longer do it for themselves. And we
:04:30. > :04:34.have a Hospital league of friends that raises money for the added
:04:35. > :04:37.extras that are needed to help the patients enjoy their stay in
:04:38. > :04:43.hospital more than they would have done otherwise. And we have a
:04:44. > :04:47.theatre which is also a charity. I have taken part in the audience
:04:48. > :04:50.there at some amazing productions. Those are just a few of the
:04:51. > :04:54.charities that make a huge difference to the lives of many
:04:55. > :05:04.across my constituency. I would like to put on record how much their
:05:05. > :05:10.efforts are appreciated. Towards the end of last year, I started a
:05:11. > :05:14.volunteering day, and I am going to make it an annual event. Each member
:05:15. > :05:19.of my staff took a day's collared and went to a chosen charity to work
:05:20. > :05:25.with that charity and find out what it contributes to the local
:05:26. > :05:29.environment. They all found it a fascinating experience, and I will
:05:30. > :05:35.be doing it year-on-year. I think the charities gain from it, and my
:05:36. > :05:39.staff did as well. I think some residents will be taking part in
:05:40. > :05:43.future years as well. The message that came back was that it was not
:05:44. > :05:48.just about what my staff could give, but what they received back as well.
:05:49. > :05:55.Anybody who has taken part in any sort of charitable function were no
:05:56. > :06:00.that you give a bit, but you receive so much back. It is the same for
:06:01. > :06:04.trustees. They play an important part in charity. In the past, I have
:06:05. > :06:13.been a trustee for quite a number of charities. Before being appointed a
:06:14. > :06:18.trustee, on occasions I went through quite a rigorous selection process,
:06:19. > :06:22.and rightly so, because a trustee has a very responsible position.
:06:23. > :06:26.Sadly, we have heard some bad news stories recently of instances where
:06:27. > :06:29.trustees may not have been as scrupulous as they should have been.
:06:30. > :06:35.This should not happen, as it reflects badly on undeservedly on
:06:36. > :06:41.every charity across the board, even those not involved. But I must
:06:42. > :06:45.stress that these occurrences are rare, and we must do what we can to
:06:46. > :06:48.stop it happening. That is why I support this bill and its aim to
:06:49. > :06:52.strengthen governance and give more powers to the Charity commission to
:06:53. > :06:56.remove inappropriate trustees. I also support the other measures in
:06:57. > :07:00.this bill for example, to protect the public from unscrupulous and
:07:01. > :07:06.assistant fundraisers who have played the elderly on the vulnerable
:07:07. > :07:10.in our society. In fact, my parents, as they got older and older, started
:07:11. > :07:14.to change the way they donated to charities, because they were so
:07:15. > :07:20.acutely aware of the bombardments that they started to get from
:07:21. > :07:23.charities if they gave their contact details out. They were getting
:07:24. > :07:28.continuous phone calls. They managed to stop that, but it changed the way
:07:29. > :07:32.they supported charities, by not giving their personal details and
:07:33. > :07:39.donating more in cash. That should not be the case. But such bad
:07:40. > :07:41.practice only result in all charities being tarred with the same
:07:42. > :07:48.brush, so I welcome the introduction of the fundraising preference
:07:49. > :07:52.service that we have heard about. I will be supporting this bill in its
:07:53. > :07:57.third reading, as I believe it is good for the public, it is good for
:07:58. > :08:02.volunteers and for donors. It is good for trustees and staff, and
:08:03. > :08:06.good for charities as a whole, small or large. They all play an important
:08:07. > :08:19.role in our society. I will be supporting this bill tonight.
:08:20. > :08:26.I am delighted to sum up briefly on behalf of the SNP benches. I hope my
:08:27. > :08:29.honourable friend from Northern Ireland will agree with some of what
:08:30. > :08:32.I'm about to say. I'm grateful to the minister for giving verification
:08:33. > :08:38.in terms of fundraising in Scotland, but it does not go to the heart of
:08:39. > :08:41.the matter. This does impact on charitable and civic society across
:08:42. > :08:45.these islands. I heard much about how this adds to Britain's voluntary
:08:46. > :08:49.sector, yet this is an English and Welsh only built, which is
:08:50. > :08:54.commendable, because there is much to be commended in the legislation
:08:55. > :08:57.itself. But when it comes to Scotland, let's be clear that it
:08:58. > :09:02.will be for the Scottish parliament alone to legislate on these matters,
:09:03. > :09:10.as has been answered by the minister. In terms of trusteeship, I
:09:11. > :09:16.hope it does improve volunteering, as the honourable member said a
:09:17. > :09:21.moment ago. Volunteering is going down. Let's look at the statistics
:09:22. > :09:24.since the Olympic Games. There have been subtle drops involuntary across
:09:25. > :09:30.all age ranges, not only in England and Wales, but in the rest of these
:09:31. > :09:33.islands -- drops in volunteering. We must seek to remove barriers for
:09:34. > :09:38.just two trusteeship, but to volunteering itself. I hope this
:09:39. > :09:43.legislation will not be a barrier to volunteering and we will see people
:09:44. > :09:54.coming forward to trusteeship as a volunteering opportunity. But at the
:09:55. > :09:56.moment, that is not happening. If I may ask for the indulgence of the
:09:57. > :10:00.House to speak about somebody who has done an amazing amount for
:10:01. > :10:05.charities, to Henry Worsley was a colleague of mine in the Armed
:10:06. > :10:09.Forces alongside whom I served in Afghanistan. He sadly lost his life
:10:10. > :10:13.recently in southern Chile, having walked the most amazing route across
:10:14. > :10:19.Antarctica, only to die two days before finishing his goal. It is
:10:20. > :10:25.people like him who set the example for our charitable sector, who
:10:26. > :10:30.pushed the field that bit further, that bit longer. Our charitable
:10:31. > :10:37.sector has gone further than our state can ever go and has gone
:10:38. > :10:41.further than our society imagined it could accept in looking after those
:10:42. > :10:45.who are most vulnerable, in need and lonely. It is right that our
:10:46. > :10:51.charitable sector fills that gap because there is no way the state
:10:52. > :10:57.can adapt in so many ways to fill the nooks and crannies which are
:10:58. > :11:03.left by the loneliness, the broken homes and the vulnerabilities of
:11:04. > :11:11.servicemen, disabilities or whatever it is that your interest falls upon.
:11:12. > :11:13.So it is great that today, we are recognising that only the importance
:11:14. > :11:19.of the charitable sector in this debate, but we are welcoming the
:11:20. > :11:25.changes that will keep it on a safe footing on the basis of trust and
:11:26. > :11:29.understanding across England and Wales, but I hope with a model that
:11:30. > :11:35.will be copied in Northern Ireland and Scotland. Charities fulfil that
:11:36. > :11:42.role. If I may finish Iffley with one last tribute to Henry, my
:11:43. > :11:48.friend. He really did always go that little bit further. He was the
:11:49. > :11:52.pilgrim. He went beyond a Blue Mountains of snow. In his last
:11:53. > :11:57.podcast, he said his summit was just out of reach. But it is true now
:11:58. > :12:01.that he has taken the golden road to summer camp. That was a poem that
:12:02. > :12:05.members of his own regiment would have known well, and I know we are
:12:06. > :12:08.all thinking of his family today and his friends. I welcome the
:12:09. > :12:18.opportunity to pay him tribute in this House.
:12:19. > :12:27.I intend to be very brief with my comments. I have had a long session
:12:28. > :12:30.earlier on, so I feel I have been spoiled today. I am grateful to all
:12:31. > :12:35.those honourable members who have spoken today and to have contributed
:12:36. > :12:39.their extensive knowledge and expertise to the bill throughout its
:12:40. > :12:45.development and passage. I would like to say a few words of thanks. I
:12:46. > :12:50.would like to thank all members of the Public Bill Committee. After
:12:51. > :12:54.getting off to a slow start we got into lively and engaging debates as
:12:55. > :13:02.we progress. I would also thank the chairs of the Public Bill Committee,
:13:03. > :13:08.for giving us on the straight and narrow. I congratulate him again on
:13:09. > :13:14.his promotion in the Shadow Cabinet. I said at the honourable member for
:13:15. > :13:18.Redcar four thanks. We have not agreed on everything, but we have
:13:19. > :13:22.agreed on many of the provisions and the importance of an independent
:13:23. > :13:26.regulator of charities with the right tools to do the job. Even
:13:27. > :13:30.where we have disagreed our debates have been good natures and
:13:31. > :13:37.constructive. At least I thought they had been. My honourable friend,
:13:38. > :13:42.the member for Harborough, made the important contribution to ensure we
:13:43. > :13:46.do not damage the important work of rehabilitation charities. I thank
:13:47. > :13:51.him for making his point so well. I should mention the important
:13:52. > :13:56.contributions made by my honourable friend the member for Harwich and
:13:57. > :14:02.North Essex and the Select Committee. It's timely report
:14:03. > :14:06.yesterday highlights the need for action and I welcome its conclusion
:14:07. > :14:11.that charities get one last chance for self-regulation. Also on
:14:12. > :14:17.fundraising, Sir Stuart Etherington is owed a debt of gratitude for his
:14:18. > :14:22.report, supported by Lord Lee of Hurley and Lord Wallace of Saltaire.
:14:23. > :14:27.Their report sets the future landscape for fundraising regulation
:14:28. > :14:32.and gives charities the chance to put things right. I paid thanks to
:14:33. > :14:36.my officials from the Cabinet Office and officials from the Charity
:14:37. > :14:39.Commission who have supported the passage of the bill throughout its
:14:40. > :14:44.development and Parliamentary passage. We are fortunate indeed to
:14:45. > :14:47.have such high quality public servants. I thank all those
:14:48. > :14:52.charities and representative groups who have contributed their views on
:14:53. > :15:02.the bill. I like to single out the charity the law Association, and the
:15:03. > :15:06.Charity Finance Group, and for several charities for their
:15:07. > :15:10.considered comments. We have not accepted all their points, but the
:15:11. > :15:12.bill has improved due to their contributions. It now falls on the
:15:13. > :15:19.Charities Commission to implement the bill's proposals and I am sure
:15:20. > :15:23.under William Shawcross's leadership that will be the case. There is
:15:24. > :15:28.provision for the bill to be reviewed in three years' time,
:15:29. > :15:33.something I am sure we are all looking forward to it immensely. I
:15:34. > :15:37.am sure there are many others I have missed out who have had an important
:15:38. > :15:43.hand in this bill, and in which case I apologise for not giving them a
:15:44. > :15:46.specific mention. This bill has been improved following scrutiny of its
:15:47. > :15:57.draft form and following scrutiny in this house and in the other place.
:15:58. > :16:00.It will help to underpin public trust and confidence in charities
:16:01. > :16:03.and make sure they continue in their place at the heart of our society. I
:16:04. > :16:06.commend this bill to the House. The question is that the bill be read
:16:07. > :16:13.for a third time. As many as are of the opinion, say "aye". To the
:16:14. > :16:18.contrary, "no". The ayes have it. I will take motions five and six
:16:19. > :16:23.separately on this occasion. The clerk on duty looks quizzical. She
:16:24. > :16:27.might have thought I was about to suggest taking them together, but
:16:28. > :16:34.there is good reason not to take them together. We will take them
:16:35. > :16:37.separately. Motion number five on representation to the people. The
:16:38. > :16:41.question is as on the order paper. As many as are of the opinion, say
:16:42. > :16:52."aye". To the contrary, "no". The ayes have it. Motion number six. Not
:16:53. > :16:57.move. Petition, Sir Edward Garnier. I rise to carry out my duty as the
:16:58. > :17:01.member of Parliament for Harborough to present a petition on behalf of a
:17:02. > :17:09.number of my constituents who disapprove of an object to the
:17:10. > :17:15.negotiations between the European Union and the United States in
:17:16. > :17:21.relation to the transatlantic trade and investment partnership. The
:17:22. > :17:25.petition reads as follows. It declares that the European Union and
:17:26. > :17:31.the United States of America should stop negotiating the transatlantic
:17:32. > :17:33.and trade and investment partnership, further that the
:17:34. > :17:38.economic trade agreement between the EU and Canada should not be ratified
:17:39. > :17:44.and an online petition on this matter was signed by 330 residents
:17:45. > :17:46.of Harborough. They request the House of commons urges the
:17:47. > :17:51.government to put pressure on the EU and its member states to stop
:17:52. > :17:55.negotiations on the transatlantic trade and investment partnership and
:17:56. > :18:08.not to ratify a comprehensive economic trade agreement.
:18:09. > :18:19.In addition, transatlantic trade and investment partnership. Order, we
:18:20. > :18:26.come to the adjournment. I beg to move. The question is that this
:18:27. > :18:34.house now the Germans. Mr Andrew Mitchell. I am most grateful, Mr
:18:35. > :18:39.Speaker, for granting me this debate on a matter of great importance to
:18:40. > :18:46.my constituents. They will note and be honoured that you are yourself in
:18:47. > :18:52.the chair for this important debate. The extraordinary and hugely
:18:53. > :18:58.controversial proposal to build 6000 houses on Royal Sutton Coldfield's
:18:59. > :19:00.green belt is as obnoxious to my constituents as it is unnecessary in
:19:01. > :19:06.the context of the overall Birmingham development plan. No
:19:07. > :19:11.comprehensive case has been made for this destruction of our green belt
:19:12. > :19:16.and officials from Birmingham City Council have relied upon in Russia
:19:17. > :19:23.and the feeling that resistance is futile as a best means for pursuing
:19:24. > :19:27.these ill thought through proposals. Nor, as the minister will know, is
:19:28. > :19:34.this only happening in Royal Sutton Coldfield. Labour councils are
:19:35. > :19:37.pursuing similar, ill-conceived proposals in Conservative
:19:38. > :19:41.constituencies outside Leeds, Manchester and Nottingham, as well
:19:42. > :19:46.as outside Birmingham in my constituency. But the people in
:19:47. > :19:50.Sutton Coldfield have spoken out in their thousands and are confident in
:19:51. > :19:54.the government's commitment to true localism and in the fact these plans
:19:55. > :19:59.run counter to the National planning policy framework as the Minister for
:20:00. > :20:06.Housing himself has confirmed in his statements about the green belt. We
:20:07. > :20:09.have approached our various different community campaigns in
:20:10. > :20:13.Sutton Coldfield with some confidence and a modest record of
:20:14. > :20:19.success. We fought the boundary commission's plans to dismember our
:20:20. > :20:23.ancient, Royal town and ultimately secured one of the very few changes
:20:24. > :20:28.the boundary commission made in its national proposal anywhere in the
:20:29. > :20:34.country. We fought to reassert our royal status and thanks to the
:20:35. > :20:38.support of many, most particularly my right honourable friend for Royal
:20:39. > :20:43.Tunbridge Wells, we successfully concluded this campaign in
:20:44. > :20:48.Parliament on the 12th of June, 2014. Local campaigners fought
:20:49. > :20:52.successfully fought our royal town Council, which although not yet in
:20:53. > :20:57.perfect form will be set up before May this year. We fought, Mr
:20:58. > :21:02.Speaker, the disgraceful and destructive Labour Prescott law
:21:03. > :21:08.which allowed in filling and back garden development in our royal town
:21:09. > :21:10.to be treated as brown land, something which the Coalition
:21:11. > :21:17.Government overturned as soon as it was elected in 2010, not least
:21:18. > :21:21.following Sutton Coldfield's trenchant campaign. But I must make
:21:22. > :21:26.clear to the House and to the Minister that in Sutton Coldfield we
:21:27. > :21:31.are not proponents of nimbyism. We fully understand and we actively
:21:32. > :21:36.support the view that more homes must be built if future generations
:21:37. > :21:41.are to enjoy the same housing opportunities that our generation
:21:42. > :21:45.has enjoyed. This is why Sutton Coldfield councillors have
:21:46. > :21:49.consistently accepted planning applications which increased the
:21:50. > :21:54.density of housing in Sutton, most recently over the vexed issue of
:21:55. > :22:00.Brassington Avenue. Indeed, we accept that were Aston Martin choose
:22:01. > :22:07.to come to Paddy Moore in my constituency, something we hope they
:22:08. > :22:10.decide to do, development will take place in area D of the green belt
:22:11. > :22:16.under the current plan. We have always said that work area deemed
:22:17. > :22:21.necessary for economic development which would provide jobs and
:22:22. > :22:29.employment for the future, then we accept it in the greater local
:22:30. > :22:32.interest. But equally our green belt in Sutton Coldfield was bequeathed
:22:33. > :22:38.to us by past generations and we should think with extraordinary care
:22:39. > :22:47.before allowing it to disappear for ever under bricks and mortar. Once
:22:48. > :22:51.built on it can never be restored for future generations and the
:22:52. > :22:55.Minister will also note that in the West Midlands we have less green
:22:56. > :22:58.belt than in any other region of the country. I happily give way to my
:22:59. > :23:05.honourable friend and Parliamentary neighbour. I am very grateful to the
:23:06. > :23:10.right honourable friend and indeed my constituency neighbour. Would he
:23:11. > :23:15.agree with me that the green belt is an integral part of the beauty and
:23:16. > :23:22.everything that makes up our neighbouring constituencies and is
:23:23. > :23:26.valued by our communities? My honourable friend is absolutely
:23:27. > :23:31.right in what she says. Mr Speaker, throughout this campaign there have
:23:32. > :23:36.been significant campaigning events and marches over the green belt
:23:37. > :23:40.involving hundreds of my constituents. I have addressed
:23:41. > :23:45.meetings attended by over 1000 people in my constituency. Royal
:23:46. > :23:50.Sutton's Conservative councillors have campaigned vigorously against
:23:51. > :23:56.Birmingham's proposals. I pay particular tribute to a project lead
:23:57. > :24:03.so brilliantly by a local campaigner, Suzanne Webb, and to the
:24:04. > :24:11.three councillors in Newhall whose constituents are most directly
:24:12. > :24:14.affected by these proposals. More than 6000 people from our town have
:24:15. > :24:24.written directly opposing these proposals. All have been ignored.
:24:25. > :24:27.Consultation processes held in holiday periods, ill considered
:24:28. > :24:32.comments by Labour councillors that it was all a done deal and that
:24:33. > :24:38.protest was futile did nothing to deter the sense of local anger and
:24:39. > :24:43.injustice. Mr Speaker, this campaigning of ours is localism writ
:24:44. > :24:50.large. It is the big society made flesh. But my constituents have been
:24:51. > :24:54.wilfully ignored by council officials, ever courteous of course,
:24:55. > :24:58.as officials have been dispatched to inform us of their political
:24:59. > :25:04.master's decision rather than to consult us and advised us resistance
:25:05. > :25:11.is hopeless as this Labour inspired juggernaut rested upon us all in
:25:12. > :25:14.Sutton Coldfield. We have been very constructive in advancing
:25:15. > :25:17.alternative ideas, propositions and compromises, none of which have even
:25:18. > :25:23.received the courtesy of a serious response. There are huge
:25:24. > :25:30.opportunities to maximise Brownfield sites in Birmingham and examples of
:25:31. > :25:35.how to build new and fulfilling inner-city communities with proper
:25:36. > :25:38.infrastructure and opportunity. Such developments could make a
:25:39. > :25:44.significant contribution to Birmingham in its emerging role as a
:25:45. > :25:48.key part of the Midlands engine. There are between 40000 and 50,000
:25:49. > :25:55.existing Brownfield opportunities in Birmingham. Alas, my calls for an
:25:56. > :26:00.independent audit of Brownfield land in Birmingham fell on deaf Labour
:26:01. > :26:05.years. There are new areas within the local enterprise partnership
:26:06. > :26:10.which seek house building as part of their strategy for economic growth
:26:11. > :26:14.and for new jobs. Again, no comprehensive audit of these has
:26:15. > :26:21.been carried out. There is the enormous opportunity to build as
:26:22. > :26:27.many as 8300 homes, more than the entire number with which our green
:26:28. > :26:30.belt in Sutton is threatened. Most importantly, I have put forward a
:26:31. > :26:36.compromise proposal that there should be a moratorium of between
:26:37. > :26:41.8-10 years while the rest of Birmingham council's building plans
:26:42. > :26:45.take shape before there is any question of building on our green
:26:46. > :26:51.belt in Sutton Coldfield. This will allow us to take account of updated
:26:52. > :26:55.figures and up-to-date developments, not least the inward immigration
:26:56. > :27:00.figures for Birmingham which each time they are examined very by a
:27:01. > :27:07.multiple of the 6000 homes with which we are threatened.
:27:08. > :27:11.This will allow for further consultation in 2023, based on
:27:12. > :27:17.updated figures for housing needs throughout the wider area. It might
:27:18. > :27:22.then arm officials in Birmingham with credible arguments for building
:27:23. > :27:28.on the green belt, but such arguments are wholly absent today.
:27:29. > :27:34.Royal Sutton golf is an ancient royal town with more than a thousand
:27:35. > :27:37.proud years of history -- royal Sutton Cole for it. This is a
:27:38. > :27:49.proposed destruction of our green belt, the sheer scale of which is
:27:50. > :27:52.not easy to describe. Showing himself to be a strong advocate for
:27:53. > :27:56.his constituency. I wonder if he would join with me. I am disturbed
:27:57. > :28:04.by what I have heard in his speech, but I am surprised. This may add
:28:05. > :28:09.more fuel to the fire in terms of his proposal to break Birmingham
:28:10. > :28:16.City up into its constituent parts. That is perhaps for another day, but
:28:17. > :28:20.I agree with Mike Honourable friend, who understands why such a proposal
:28:21. > :28:25.could mix of trade conclusion to good local governance. But I was
:28:26. > :28:30.saying that the proposed destruction of our green belt is not easy to
:28:31. > :28:34.describe, in the sense of its sheer scale. The imposition of a colossal
:28:35. > :28:39.6000 homes adjacent to our town would be impossible for us to
:28:40. > :28:45.absorb, a wholly inedible labour dump of concrete which would change
:28:46. > :28:53.forever the character of Sutton Coldfield, with huge infrastructure
:28:54. > :28:57.consequences which are barely -- have barely received the slightest
:28:58. > :29:00.attention. For example, our local hospitals, which would undoubtedly
:29:01. > :29:04.be affected by these monstrous proposals, have not even been
:29:05. > :29:09.consulted on these plans. The effects on schools and health care
:29:10. > :29:14.and other amenities have hardly been considered, and the huge
:29:15. > :29:17.implications and strain imposed on our transportation systems,
:29:18. > :29:22.alongside the knock-on effect on other communities is barely
:29:23. > :29:27.understood, let alone addressed. I say to the minister, the people of
:29:28. > :29:32.Sutton Coldfield have cried out against these proposals with an
:29:33. > :29:36.articulate, unanimous and mighty voice. The government has a
:29:37. > :29:41.commitment to hear them. We demand that the government step in to
:29:42. > :29:45.resist these plans. We offer our compromise proposal for an
:29:46. > :29:51.eight-year moratorium on this aspect of the overall plan, and we do so in
:29:52. > :29:57.a spirit of goodwill, for the sake of our town and for future
:29:58. > :30:02.generations. We understand the importance of building more homes
:30:03. > :30:07.for the future, but these homes must be built in the right place. We
:30:08. > :30:12.asked the minister and the government to heed our cry today,
:30:13. > :30:23.and we ask the government to accept the case we have made and to take
:30:24. > :30:27.the necessary action forthwith. James Wharton. I congratulate my
:30:28. > :30:31.right honourable friend, the member for Sutton Coldfield, for securing
:30:32. > :30:36.this debate. I note the presence of my red, the member for Solihull,
:30:37. > :30:42.which underlines the importance of this matter. My right honourable
:30:43. > :30:45.friend has painted a picture with a clarity which is rarely demonstrated
:30:46. > :30:51.to such effect in debates in this place about the concerns he has and
:30:52. > :30:57.the concerns of his constituents. I think that he has covered so many
:30:58. > :31:01.topics and spoken so clearly on the matter that it serves to underline
:31:02. > :31:05.how important this issue is and the importance with which we in
:31:06. > :31:08.government must look to his concerns. I pay tribute to his
:31:09. > :31:13.campaigning for the interests of the royal town of Sutton Coldfield and
:31:14. > :31:16.for his constituents, and I note that clear concern that the nearby
:31:17. > :31:22.green belt should not be lost to housing developments unnecessarily.
:31:23. > :31:25.I also wish success to the new royal town council of which my right
:31:26. > :31:29.honourable friend has spoken which is due to be established later this
:31:30. > :31:33.year. As we emphasised in the run-up to last year's general election,
:31:34. > :31:37.this government put great importance on the green belt. It is the way to
:31:38. > :31:41.befriend the uncontrolled sprawl of conurbations on the unwanted merging
:31:42. > :31:45.of towns and villages proud of their special, separate identities. At the
:31:46. > :31:49.same time, as my right honourable friend recognises, we need to build
:31:50. > :31:52.new homes as well as making use of existing dwellings and other
:31:53. > :31:56.buildings suitable for residential use. Our national planning policy
:31:57. > :32:01.framework makes clear that local authorities should heed its
:32:02. > :32:06.safeguards for the environment. Strong restraint are in place. 40%
:32:07. > :32:09.of England is protected against development by designations such as
:32:10. > :32:14.green belt, areas of outstanding natural beauty and national parks.
:32:15. > :32:18.Since 2010, we have made progress in speeding up and simplifying the
:32:19. > :32:22.planning system and building the homes this country needs, but we
:32:23. > :32:26.must also protect valued countryside and our historic environment. We
:32:27. > :32:31.issued additional guidance in 2014 to remind local authorities and
:32:32. > :32:37.planning inspectors that in planning to assess local housing needs, they
:32:38. > :32:40.must still have regard to national policies, including those protecting
:32:41. > :32:44.the green belt. My right honourable friend will of course appreciate
:32:45. > :32:47.that ministers cannot comment on draft local plan is that are still
:32:48. > :32:52.before the appointed inspector, but in answer to his speech, I would
:32:53. > :32:57.make the following general comments. Firstly, on housing. It is accepted
:32:58. > :33:01.that England has built too few homes for too many years. The pace of
:33:02. > :33:07.housing development was bureaucratic and slow. This drove up prices and
:33:08. > :33:10.rents and regional strategies imposed central government targets.
:33:11. > :33:18.Are forms are now delivering an increase in housing provision. Over
:33:19. > :33:22.639,000 homes since April 2010, over 135,000 housing completions in the
:33:23. > :33:28.year to September 20 15. Planning permission for 242,000 homes granted
:33:29. > :33:31.in the year to June 2015, up 44% on the previous year. On the widening
:33:32. > :33:36.of permitted development to allow better use of existing buildings has
:33:37. > :33:39.already allowed thousands of office to residential conversions. The
:33:40. > :33:45.success of our forms depends on getting up-to-date local plans in
:33:46. > :33:49.place. That includes assessing robust evidence of housing needs in
:33:50. > :33:52.each area. Our framework asks that each local authority preparing
:33:53. > :33:59.strategic housing market assessment to assess its full needs. My
:34:00. > :34:03.honourable friend is making a powerful case in terms of the
:34:04. > :34:07.success of this government's housing policy, but will my honourable
:34:08. > :34:10.friend also think upon the fact that as the honourable member for Sutton
:34:11. > :34:15.Coldfield said, Birmingham council did not even consult with the local
:34:16. > :34:21.hospital trust, which has hospitals in my constituency as well's that
:34:22. > :34:23.hospital trust is currently suffering severe financial
:34:24. > :34:32.difficulties. This measure may add to those. Surely that shows up the
:34:33. > :34:35.local plan was inept? My honourable friend temps me to go back to the
:34:36. > :34:43.comment I made earlier that I do not want to wish on individual -- to
:34:44. > :34:46.comment on individual plans. The honourable member's views are
:34:47. > :34:51.important, and I am sure they will be heard not just by me, but much
:34:52. > :34:59.further than those of us who are present in the chamber today for
:35:00. > :35:03.this debate. Of course, my honourable friend cannot comment on
:35:04. > :35:07.the substance of what our honourable friend has said. But I am sure he
:35:08. > :35:14.would agree that were it to be the case that hospitals had not even
:35:15. > :35:19.been consulted by the authority, that would be a very remiss fact,
:35:20. > :35:22.which would suggest that the full duty had not been exercised by the
:35:23. > :35:30.local authority and the planning inspector in their researches?
:35:31. > :35:34.Articulate as my honourable friend is, he temps me to go further than I
:35:35. > :35:38.am going to in the specifics, but he makes an important went with which I
:35:39. > :35:42.can agree generally. I think that where a local body charged with
:35:43. > :35:45.delivering a public service, particularly one as important as
:35:46. > :35:51.health, has a strong view, those should of course be part of any
:35:52. > :35:54.consultation. Those views should be made known, and if they have a
:35:55. > :35:59.planning impact, they should be considered as part of that process.
:36:00. > :36:02.My right honourable friend and my honourable friend the member for
:36:03. > :36:07.Solihull have made their concerns in that area clear, and that is
:36:08. > :36:12.something I will take away from this debate. We expect local authorities
:36:13. > :36:18.to prepare strategic housing land availability assessments, and in so
:36:19. > :36:20.doing, they have to take account of any planning constraints that
:36:21. > :36:25.indicate that development should be restricted and which route may
:36:26. > :36:28.restrain your -- ability of an authority to meet the needs. One of
:36:29. > :36:33.those constraints is green belt. This government attaches it
:36:34. > :36:36.importance to green belt. Green belt covers 13% of England, a level that
:36:37. > :36:41.has remained constant for many years now. The honourable lady set out
:36:42. > :36:45.eloquently the importance that her constituents attached to green belt,
:36:46. > :36:48.the difference that it makes to communities, how it adds to what
:36:49. > :36:52.makes many of the constituencies that are spoken on behalf by
:36:53. > :36:56.honourable members here this evening the special places that they are. I
:36:57. > :37:02.welcome her contrition. Our national planning policy framework is clear
:37:03. > :37:03.that a green belt boundary can only be altered in exceptional
:37:04. > :37:08.circumstances after local consultation, using the local
:37:09. > :37:11.tanning process. This should concentrate the minds of local
:37:12. > :37:15.authorities on ensuring that any brownfield land is put to good use
:37:16. > :37:21.first my right honourable friend is right to talk of the unidentified
:37:22. > :37:26.number of brownfield sites that are likely to be found in Birmingham.
:37:27. > :37:29.From the outset, our framework has been clear that local authorities
:37:30. > :37:34.should encourage redevelopment on brownfield land. Our guidance also
:37:35. > :37:39.advises that local planning policy should reflect the desirability of
:37:40. > :37:43.reusing brownfield land. If desired locally, a local authority can
:37:44. > :37:47.propose its own policy to increase the take-up and prioritisation of
:37:48. > :37:52.brownfield sites. Under our system, this can be significantly
:37:53. > :37:57.influential. Following the general election, we made the commitment to
:37:58. > :38:01.ensure that 90% of brownfield land suitable for housing would have
:38:02. > :38:04.planning permission for new homes in place by 2020. My right honourable
:38:05. > :38:08.friend is right to underline the friend is right to underline the
:38:09. > :38:12.need to find out where any suitable we develop websites are and to study
:38:13. > :38:15.the reasons that any potentially useful site is not currently
:38:16. > :38:20.available. My honourable friend the minister for housing and planning is
:38:21. > :38:23.keen to work with areas to develop this. Brownfield sites differ
:38:24. > :38:27.greatly, and local authorities are in a good place to assess the
:38:28. > :38:31.suitability and availability. That is something they should do. That is
:38:32. > :38:33.why we are introducing the requirement for local authorities to
:38:34. > :38:39.compile registers of suitable brownfield land. This government,
:38:40. > :38:43.while stressing the contribution these brownfield that can make, is
:38:44. > :38:48.clear about the priority, getting a local plan in place. In areas where
:38:49. > :38:52.no local plan has been produced by 2017, we have said we will intervene
:38:53. > :38:55.to arrange for a plan to be written in consultation with local people.
:38:56. > :38:59.This drive to complete the modernisation of the plan that
:39:00. > :39:02.system, with all its implications for securing sustainable growth and
:39:03. > :39:06.meeting the need for homes, is a top-level commitment reaffirmed when
:39:07. > :39:12.we were re-elected. Birmingham began to review its 2005 plan in 2007 and
:39:13. > :39:16.recommenced after we polished the top-down regional housing targets
:39:17. > :39:20.and brought into streamlined locally led national policy planning
:39:21. > :39:25.framework. The current plan was submitted in July 20 14. I note my
:39:26. > :39:29.right honourable friend's comments and concerns and his hope that the
:39:30. > :39:32.plan can be stopped. But the Secretary of State found it
:39:33. > :39:35.appropriate to appoint an independent person to examine
:39:36. > :39:39.Birmingham's plan on his behalf, with power to call for more evidence
:39:40. > :39:44.if necessary and to delay a decision if that proved necessary. Inspectors
:39:45. > :39:48.have a vital role in scrutinising plans in partially and publicly to
:39:49. > :39:52.ensure that they are legally compliant and sound. Only in rare
:39:53. > :39:57.circumstances would ministers intervene in that. I plan will only
:39:58. > :40:00.be found sound if it is properly prepared, justified, if effective
:40:01. > :40:03.and consistent with national policy in the framework. If the plan
:40:04. > :40:08.contains proposals to adjust a green belt boundary, as here, it must
:40:09. > :40:11.demonstrate exceptional circumstances. I hope this debate
:40:12. > :40:16.will make it clear to Birmingham that local people want to see
:40:17. > :40:19.brownfield first as national policy supports. Assuming a local plan will
:40:20. > :40:25.eventually be adopted in whatever form it takes, may I remind
:40:26. > :40:28.honourable members and their constituents that that does not give
:40:29. > :40:31.anyone planning permission. The plan to fix the current best estimate of
:40:32. > :40:36.how much development needs to take place if a particular need is to be
:40:37. > :40:39.met. Moreover, the people of Sutton Coldfield would still have their
:40:40. > :40:43.statutory opportunities to comment and criticise whenever a planning
:40:44. > :40:47.application is made. Even if land is allocated in a local plan, planning
:40:48. > :40:52.applications can still be refused permission in response to evidence
:40:53. > :40:55.and well argued objections. I can tell my right honourable friend that
:40:56. > :40:59.the government has heard his case loud and clear. I would expect
:41:00. > :41:02.others with an interest in this process to have heard the comments
:41:03. > :41:08.of honourable members and the comments I have made as well. I
:41:09. > :41:12.recognise the importance of this matter. I recognise the quality of
:41:13. > :41:17.the well considered contributions that honourable and right honourable
:41:18. > :41:20.members have made, and I hope that at the end of this process, we will
:41:21. > :41:25.reach a place that pleases more people than appears to be the case
:41:26. > :41:28.at present. The question is that this House do now adjourn. As many
:41:29. > :41:31.as are of the opinion, say "aye". To the contrary, "no". The ayes have
:41:32. > :41:50.it, the ayes have it. Order, order. STUDIO: That at the end of the day
:41:51. > :41:53.in the House of Commons. We will now be going over live to the House of
:41:54. > :41:56.Lords. You can watch recorded coverage of all of today's business
:41:57. > :42:16.in the Lords after the Daily Politics later tonight.
:42:17. > :42:17.I might raise a further point of concern about