26/01/2016 House of Commons


26/01/2016

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Good morning and welcome to BBC Parliament's live coverage of the

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Commons. In an hour, an urgent question is being axed by the Shadow

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Health Secretary about the death from sepsis of the 12-month-old

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Cornwall boy, William Mead. A report said he might have lived if NHS call

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handlers had realised the seriousness of this condition. The

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main business is the debate on the details of the charity's protection

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and social investment bill. This gives England and Wales powers to

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close down unfit charities. Don't forget to join me for a round-up of

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the day in both Houses of Parliament at 11pm tonight. First, questions to

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the Justice Secretary, Michael Gove, and his ministerial. First question

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concerns the autonomy of prison governors.

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Order, order. Questions to the Secretary of State for Justice. Our

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prison systems need reform and we need to give governors greater

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freedoms to innovate to find better ways of rehabilitating offenders. In

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December, the outgoing Chief Inspector of prisons said he was

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concerned about Islamic extremism in prisons. Some prisons, including one

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in my constituency, the Muslim population is 40% of inmates. What

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additional powers or is about is the Government giving to tackle

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extremism? Radicalisation in prison is a genuine danger not just in

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England but across the European Union. That is why we have charged a

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former prison governor with reviewing how we handle not just the

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security concerns but also the dangerous spread of peer-to-peer

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radicalisation in our organisations. In appointing a new Chief Executive

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to follow in the work of Nick artwork, Peter Clark goes very much

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in his favour. I welcome the steps being taken to tackle radicalisation

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of prisons but the problem exists once people, outside prisons and in

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a previous report of the Home Affairs Select Committee, we have

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talked about the need to monitor people when they go outside. Can he

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ensure that remains that connection with the Home Office, so those that

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have had lessons or initiatives to do with counter radicalisation, that

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they continue with that when they get outside? I make it my business

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to talk regularly with the Home Secretary on this issue. I also know

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that my honourable friend, the Minister for prisons and the Right

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honourable member, the Minister for security, they meet regularly to

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make sure we do everything possible to monitor it. There is a

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recognition that we must deal with violent extremism but extremism

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itself. Those who seek to ride it applies to inject the poison of

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Islamist into the minds of young men need to be counted every step of the

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way. We are determined to help eliminate the budget deficit and

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deliver better justice. That is why we are cutting 15% from the budget

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over the spending review and finding 5.3 billion to overhaul the prisoner

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state so it can drive down reoffending and constituents get

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better value for money and better bang for their buck out of the

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justice system. At the Ministry of Justice has faced spending cuts as

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deep or deeper than any other department in Whitehall. I am not

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sure despite the occasional criticism and row, the public has

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noted any discernible reduction in the service provided by the

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Department. Will my honourable friend someone in the secretaries of

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state for health, social security, international development and

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defence and given -- give them a tongue lashing on how we can emulate

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the private sector and create more wealth and more goods and more

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enterprise and more deregulation and more lower taxation and still

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provide better services? I thank the honourable gentleman for his

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remarks. As a former chairman, you will appreciate we have already

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slimmed back office by 600 million so we could extend rehabilitation to

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the 45,000 offenders on short sentences, now we are cutting the

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admin budget by 50% but investing 700 million to modernise our courts.

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It shows you can drive efficiencies and deliver a more effective system,

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whether it is the delays at court or the offenders passing through them.

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Given the Secretary of State's U-turns on things like the criminal

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court charge and a band of prisoners being sent box, can I suggest a good

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way of saving money would be to avoid such mistakes and listen to

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the Labour Party? With great respect, given the litany of

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mistakes and errors and systemic failings that we have had to clear

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up over the last five years and continue, we might reject that

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particular piece of counsel. One important area in which both service

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can be enhanced and value for money made, is through greater efficiency

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both the court estate and court system. Is my honourable friend

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satisfied that the ministry has sufficient in-house capacity to deal

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adequately with major issues like restructuring where you have to

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negotiate highly commercial contractual levels will he bring

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outside expertise when necessary? I have already explained some of the

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back-office savings that we are making, not only to deliver better

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value to the taxpayer, but to find the savings to reinvest. He is right

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to say that where we need to engage with the private sector or the

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voluntary sector to take advantage of that ingenuity and innovation, we

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will do so. Figures released yesterday by the Department show

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that more Ministry of Justice staff received bonuses last year than the

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previous year and that the average size of bonuses increased by 7%.

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Considering the whole public sector has had a pay rise cap at 1%, is it

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not a case of one rule for one and one for another? That is not fair or

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reasonable to any of the hard-working public servants that we

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have. There are very strict rules around bonuses within the 1% pay cap

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and the guidance of RAM that is. It is important, notwithstanding the

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savings that we have to make and in relation to bureaucracy and

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back-office, that we recognise outstanding performance. We are the

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only country in the world which uses taxpayer's revenue to pay lawyers to

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sue soldiers as they return from active duty. Is it an area of saving

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that the minister might consider? He is right that we need to make sure

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we have a balanced approach to Access to justice and I will come on

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and answer some of the specific questions around the military claims

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later. One particular area we need to look at is the rules around legal

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aid matters what we are doing and that is what we continue to pursue.

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Talking of value for money, how much has the miscalculation of divorce

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settlements cost so far? The 2200 closed cases will require legal

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advice and negotiation to correct and who will pay for this? The

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taxpayer or the people his department have badly let down? The

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legal press has dubbed him the Minister of cock ups. Doesn't the

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whole ministerial team deserve that title? When we make mistakes, we

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recognise them and we have written to all of those people affected to

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make sure that it doesn't happen again. Our announcement to close

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Holloway prison signals a new beginning in the way that we treat

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female offenders. It reflects our commitment to hold woman in

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environments that better meet their specific needs and better support

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their rehabilitation and helping them towards better lives upon

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release. I have fostered the whole lady's prison in Derbyshire and I

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wonder if she can outline the changes that are happening at

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Holloway and how they will assist the prisoners and staff at Foston

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Hall as well. Foston Hall is a resettlement prison and a much

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better placed to support inmates throughout their time in prison and

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back out into the community. She will know that many female offenders

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have complex needs and that is why we have introduced a personality

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disorder pathway and case management systems for female offenders. We

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have ensured family engagement workers are in place at all public

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sector women's prisons including Foston Hall. The minister might know

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that a woman's prison is close to my constituency. Will she agree that

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when we look at what happens to women in prison, very often it is

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literacy that is stopping them getting back and leading a good life

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and stop it is also the fact that many people in prison, winning --

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women particularly can have problems and are on the autism scale and they

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are never tested. Could we have more attention to looking at special

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educational needs in women's prisons so we can help them all? He makes an

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excellent point and we will take that into consideration. I have

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visited Newhall prison towards the tail end of last year and had a look

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at some of the excellent work that they are doing to help women

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offenders both with literacy, numeracy in -- issues and various

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other complex needs that they encounter. She will be aware of the

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work of the rehabilitation of... It began its work in a prison in my

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constituency where it was a category C /T resettlement prison.

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-- C/ D resettlement prison. He makes an important point. We do have

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so many of our female offenders coming to the prison system with

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both addictions to substance tours and alcohol and it is fundamental

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that, that is the key part of their rehabilitation process. On the

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advice of organisations, the Scottish Government has been looking

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into sentences of women of six months or less and helping them to

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stop reoffending. When the minister commit to rolling this out across

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the whole of the UK? I am very keen to have a look at the

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Scottish moral and see what progress has been made. I am also keen to

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intervene earlier on in women's offending journey to prevent as many

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people as possible from ending up in prison. Every single woman in prison

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represents a potential broken family and potentially children taken into

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care. Instead of trying to turn the women's prison estate into some kind

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of holiday camp, can I suggest that the minister instead, given that she

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is normally such a great champion for gender equality, that if a woman

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commits an offence, she should be treated in exactly the same way as a

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man? We still have the case that for every single category of offence,

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and man is more likely to be sent to prison than a woman. Why should a

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female offender for burglary be any better than male offender? Mr

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Speaker, I fear we may have been down this road before with my

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honourable friend. But I take on board his comments. Of course,

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sentencing is very much a matter for the judiciary. But I will always

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defend my strong held belief that equality of outcome is what we are

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looking for in the female was in a state. And at the moment, female

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prisoners are much more likely to suffer lots of complex issues, lots

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of Comdex needs, and far less likely to gain employment once they leave

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prison. And that is something I am looking to tackle. Quite rightly, we

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do not tolerate drugs in prison and we are bringing forward tough new

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measures including the new legislation on psychoactive

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substances. Possession in a prison will be a criminal offence, unlike

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in the rest of the country. If the scale of harm demonstrated by a

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significant increase in suicides was happening in other places where

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there is a duty of care - hospitals, children's homes, schools - would we

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not have a root and branch review of how best to tackle supply and demand

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for drugs in prisons? What we must make sure is that these drugs do not

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get into our prisons. Psychoactive substances have been in our prisons

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now for some time. It was a request from prison officers and prisoners

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around the country that we actually made sure that it should become a

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criminal offence, possession. We need new sniffer dogs which can

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sniff these products as well. They are in training at the moment. We

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must eradicate these drugs from our prisons. The national offender

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management service has revealed that the amount of alcohol found in

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prisons in England and Wales has almost trebled since the government

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took office. What steps is he taking on this? One thing we can do is to

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make sure that individual governors have full control so that they can

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work with their staff. We need to make sure that alcohol which is not

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supposed to be there is not there. A lot of this is actually brewed

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within the prisons, and we need to work very hard to make sure this

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does not happen. Drugs use is widespread throughout every jail in

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this country. Is there really any realistic prospect whatsoever of

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having a drug-free prison establishment? Mr Speaker, the

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Prison Service works really very, very hard to try to make sure that

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we eradicate as many drugs as possible. The new legislation will

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help. We know that assaults on prison officers and inmates from

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people taking psychoactive substances has become a blight on

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our prisons. With the new legislation, we will have powers

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which were not there before. There has been recent reports of prison

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officers falling ill after inhaling inmates' legal highs. I know you

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have said we are introducing new legislation, but how will this come

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into effect when present governors are leaving? We need a culture from

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the top to implement, so how can we do this? One way we can improve the

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situation for prison officers is to listen to them. They categorically

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asked us for the band. At the moment it is legal. It will be banned from

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once it gets royal assent. From April it is a criminal offence in

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prisons. That is what the prison officers asked for, and that is what

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we have given them. Mr Speaker, we are committed to making sure that

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our justice system delivers faster and fairer justice for all our

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citizens. Our tribunals will bring quicker and fairer access to justice

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and create a justice system which reflects the way people use services

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today. We have ensured that legal aid remains available for the

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highest priority cases, where life or liberty is at stake, where they

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face the loss of their home, in cases of domestic violence, or where

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their children may be taken care. As the Lord Chief Justice

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extraordinarily reported two weeks ago, and I quote, our system of

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justice has become unaffordable to most. Two constituents were sacked

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unfairly, one went to a tribunal, was not able to afford legal

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representation, therefore lost. The other image of the gave up. With

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justice now only available to the well off, does the minister have any

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serious proposals to open up access to justice to ordinary people? I am

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very grateful to the right honourable gentleman for raising the

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issue of employment tribunals. I would like to say that it is the aim

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of this government to make sure that people do not have to go to court or

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tribunals in the first place, and thereby not have to incur legal

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expenses or experience stress. In the case of employment tribunals, he

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may not be aware, but the ACAS conciliation service, in their first

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12 months, found that 83,000 people used to that service and I hope that

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in future, when he has problems brought to his surgery from his

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constituents, he will be able to point them to that free service. As

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the government changed the criteria for access to legal aid, and since

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they did this, there has been a huge increase in domestic violence. As

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the government made any assessment of the link? We constantly make sure

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that matters are kept under review. As far as the act is concerned, we

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are committed to having a review between 3-5 years. The Law Society

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describes access to justice as being on the verge of a crisis. Funding

:18:50.:18:55.

for civil cases has fallen 62% since civil legal aid was cut. Will the

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minister carry out a full review to understand the equality impact of

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this change in civil legal aid? As I just said, Mr Speaker, we will be

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carrying out a full review of the fermentation of this. I would say

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that we still have one of the most generous legal aid budgets in the

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world, not withstanding the reductions we have made. Some of

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those who would struggle to pay court fees the most are those where

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there has been family breakdown, often in chaotic families. What

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plans does he have to simplify and reduced cost to access child

:19:32.:19:35.

arrangement orders? And will this include any further statutory rights

:19:36.:19:41.

for grandparents? On court fees, where there is difficulty for people

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to attend court, then there is a fee remission system available which can

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be remission in full or in part. We learnt this week that a district

:19:58.:20:01.

judge is suing the Ministry of Justice, blowing the whistle on the

:20:02.:20:05.

rise in death threats and increasingly violent claimants which

:20:06.:20:09.

our judges are having to Dale with, day in, day out. Coming their and

:20:10.:20:12.

after the Lord Chief Justice 's warning that judges are facing a

:20:13.:20:16.

rising number of challenging and emotionally charged cases, what

:20:17.:20:19.

action is the minister to address these claims, or is this just

:20:20.:20:23.

another mission which the failed austerity parties of his party have

:20:24.:20:27.

made our courts more dangerous both judges and the victims? May I first

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of all welcome the honourable lady to her new position. She will

:20:34.:20:36.

appreciate that a given that there is ongoing litigation, I cannot

:20:37.:20:39.

possibly comment at the dispatch box. With your permission, Mr

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Speaker, I would like to grow this question with questions in 11 and

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13. Dividing prisoners with vocational and employment

:20:55.:20:57.

opportunities are implementing important factors in preventing

:20:58.:21:02.

reoffending. The Employers Forum For Reducing Reoffending is working with

:21:03.:21:08.

the department to increase involvement of more businesses. It

:21:09.:21:14.

also has an important role to play in helping ex offenders find

:21:15.:21:19.

employment. I am grateful. I am sure he would agree with me that it is

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beholden on as many employers as possible to offer training in

:21:24.:21:27.

prisons so that when prisoners leave prison, they are ready for

:21:28.:21:35.

employment. Could I invite him to welcome the work that Clean Sheet

:21:36.:21:40.

does in our prison estate, especially in guys Marsh in my

:21:41.:21:43.

constituency, which I have seen at first hand, really getting people

:21:44.:21:50.

ready for work. I thank him for his interest and I am delighted to

:21:51.:21:54.

praise the work of Clean Sheet and so many organisations which try and

:21:55.:21:57.

get prisoners into work. We have a number of companies, Mr Speaker,

:21:58.:22:03.

including Timpson's, Halfords, restaurants, and many others, who

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are rising to the challenge. And we want many more to join them. Does he

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agree that providing work and the right sort of work is the real key

:22:17.:22:20.

to any effective rehabilitation for prisoners? My honourable friend is

:22:21.:22:24.

absolutely right. We have hard evidence that if a prisoner leaves

:22:25.:22:28.

prison and goes into work, they are less likely to reoffend. We know

:22:29.:22:36.

reoffending costs between ?9 billion -?13 billion per year. And it

:22:37.:22:39.

creates many more victims. That is what we can avoid by getting many

:22:40.:22:43.

more prisoners into work. My honourable friend will know that as

:22:44.:22:51.

access to skills is key, and whilst I welcome what he said about the

:22:52.:22:55.

ploy is Forum, what more is the Government going to do to get more

:22:56.:22:59.

employers to recognise the potential of providing those skills and then

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the opportunities to employ ex-offenders on release? As a London

:23:04.:23:09.

MP, my honourable friend may have noted that a week or so ago, the

:23:10.:23:13.

Mayor of London pointed out that when employers hire ex-offenders,

:23:14.:23:18.

they report above-average commitment and loyalty. So, not only is this an

:23:19.:23:24.

important part of social responsibility, it is actually very

:23:25.:23:28.

good business sense. London is actually leading the way in this

:23:29.:23:32.

area, with more joined up work between local enterprise

:23:33.:23:35.

partnerships getting extra skills funding into prisons. I want to see

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what is happening in London spread across the whole of England and

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Wales. Mr Speaker, in November, I raised the issue of insurance

:23:44.:23:49.

premiums and the barrier that they pose to employment for ex-offenders.

:23:50.:23:54.

I am pleased that the minister has engaged in this issue, but I wonder,

:23:55.:23:57.

does he have an update for the House? I do indeed. The honourable

:23:58.:24:03.

gentleman is right to pursue this issue. One issue I have come across

:24:04.:24:09.

recently is insurers just requesting a blanket stipulation that they have

:24:10.:24:16.

no ex-offenders on their premises. I am a former chartered insurer, and I

:24:17.:24:23.

will be having a meeting with the Association of British Insurers

:24:24.:24:25.

shortly in order to challenge them on this issue, to see if that is

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really necessary. As a former underwriter myself, I suspect it

:24:31.:24:37.

probably isn't. The minister has talked of this morning about

:24:38.:24:41.

employment on release from prisons. Education and skills are crucial to

:24:42.:24:43.

an offender's chance of making something of themselves and getting

:24:44.:24:48.

a job on release. But he admitted in answer to a question that Prison

:24:49.:24:54.

Service anti-riot squads were drafted in on 339 occasions in the

:24:55.:25:01.

year to 9th of December 2015, an increase of 52% on the previous

:25:02.:25:05.

year. So does he accept that prison overcrowding, coupled with his

:25:06.:25:09.

governments cuts in resources, has led to a prison estate which is not

:25:10.:25:13.

fit for educational purpose? First of all, let me warmly congratulate

:25:14.:25:16.

the honourable lady on her new position. I look forward to debating

:25:17.:25:21.

these issues with her in the months to come. She raises the issue of

:25:22.:25:26.

education and she is right to do so. It is a crucial part of getting

:25:27.:25:30.

offenders into work. But the governments whole prison reform

:25:31.:25:35.

programme is front and centre of part of the answer to try and deal

:25:36.:25:40.

with the issues of violence and disorder which she has identified.

:25:41.:25:43.

More purposeful work, better education, better outcomes, better

:25:44.:25:50.

prisons. Hampshire's community rehabilitation company plays a vital

:25:51.:25:52.

role connecting prisons and offenders with local ploy is across

:25:53.:25:56.

the haven't constituency. Will the minister join me in congratulating

:25:57.:26:00.

them on their work and also to encourage more employers to

:26:01.:26:04.

contribute to job fairs run by members of this House? I certainly

:26:05.:26:08.

will. Get me warmly congratulate my honourable friend not only on

:26:09.:26:15.

organising a jobs fair in his own constituency, a very practical way

:26:16.:26:19.

to help our constituents find work, but also realising that that jobs

:26:20.:26:24.

fair needs to be equally open to ex-offenders. He is leading the way

:26:25.:26:28.

and I hope others will follow. Before I called the honourable

:26:29.:26:32.

member for Barrow in Furness, I would remind the House that the

:26:33.:26:36.

Crown Prosecution Service is reconsidering this case and a second

:26:37.:26:43.

inquest is awaited. Members should take account of that in carefully

:26:44.:26:45.

framing their remarks on the matter. The death of poppy Worthington is

:26:46.:27:01.

deeply distressing and very tragic. I offer my sympathies to those who

:27:02.:27:08.

loved her and those who cared for her. I am unable to comment on the

:27:09.:27:19.

decisions of the. There is nothing more important than keeping children

:27:20.:27:23.

safe. That is why the Government has given child sexual abuse the status

:27:24.:27:28.

of a national threat in the strategic requirement. I thank the

:27:29.:27:36.

Minister for that answer. Our community want accountability and it

:27:37.:27:41.

wants to see improvements in the services that have failed in these

:27:42.:27:47.

circumstances. Will she make clear that there is no reason why the

:27:48.:27:53.

serious case review into Poppy Worthington's death and the report

:27:54.:28:02.

needs to be delayed, pending the second inquest being carried out.

:28:03.:28:18.

A second inquest should be done. They are independent of Government

:28:19.:28:27.

and decide their own timescales. I can confirm that neither are

:28:28.:28:38.

required to wait upon the coroner. Community rehabilitation companies

:28:39.:28:41.

are responsible for supporting any of their staff at risk of redundancy

:28:42.:28:51.

in line with employment law. We are working closely with community

:28:52.:28:55.

rehabilitation companies to make sure they fulfil their contractual

:28:56.:28:59.

commitments to maintain service delivery, reduce reoffending,

:29:00.:29:03.

protect the public and deliver value for money to the taxpayer. There is

:29:04.:29:09.

the potential for 900 probation officers to be made compulsory

:29:10.:29:16.

redundant in the near future. These are the people who stood by the

:29:17.:29:20.

Government at a time when there was the traditional period. They

:29:21.:29:26.

shouldn't be penalised. They should be praised. Justice Secretary

:29:27.:29:30.

guarantee that these professionals receive four voluntary redundancies

:29:31.:29:40.

terms. -- full involuntary redundancy terms. I repeat what I

:29:41.:29:50.

said just now in that we will make sure the community rehabilitation

:29:51.:29:54.

companies comply with employment law as they are supposed to do. We

:29:55.:29:58.

closely monitor their performance in line with the contracts which they

:29:59.:30:02.

have signed but I can tell the honourable gentleman that last year

:30:03.:30:07.

there were 195 extra probation officers qualified. We had 750

:30:08.:30:11.

probation officers in training and that is the largest intact of

:30:12.:30:15.

probation officers for some considerable period of time. Our

:30:16.:30:24.

system of youth justice needs reform. Youth offending us down, the

:30:25.:30:32.

care of youth offenders in custody is not good enough. There are

:30:33.:30:35.

concerns which are heightened following Panorama's investigation

:30:36.:30:39.

into events at the Medway secure training centre. In a statement, I

:30:40.:30:44.

have appointed an independent improvement board to investigate

:30:45.:30:47.

what has happened in Medway and ensure the capability of G4S, and

:30:48.:30:53.

other organisations meet appropriate standards and that it is sufficient.

:30:54.:31:00.

The roll-out of the new minimising and managing physical restraint

:31:01.:31:04.

system has been delayed for a year. In 2013, there are 3000 assault

:31:05.:31:12.

incidents in the secure state, a 7% increase even though the number of

:31:13.:31:18.

people in custody has raised. What is he doing to ensure that near --

:31:19.:31:25.

new systems are implemented? There has been a reduction in the number

:31:26.:31:28.

of young people in the youth estate but as the number has reduced, so

:31:29.:31:33.

those remaining ten to be those who have been arrested for the most

:31:34.:31:37.

violent crimes and to pose the greatest difficulties to those who

:31:38.:31:40.

have to care for them and those who have to keep them in custody. It is

:31:41.:31:45.

important we ensure when restraint is applied, it is done so in a way

:31:46.:31:49.

that minimises risks to Ian Bugler but ensure safety can be restored.

:31:50.:31:54.

One of the purposes of the interviews is to make sure the

:31:55.:31:59.

workforce is trained to restrain young people and protect others. I

:32:00.:32:07.

visited Swanwick Lodge, a secure home for ten to 17-year-olds in my

:32:08.:32:12.

constituency. Swanwick large's work tackles the root causes that led to

:32:13.:32:18.

these young people's loss of education, substance misuse and

:32:19.:32:22.

early intervention. Will he explain what other measures are in place to

:32:23.:32:29.

tackle youth rehabilitation and reduce reoffending? Before she came

:32:30.:32:33.

into this house, she did a great deal of work to help disadvantaged

:32:34.:32:37.

children get better outcomes and she will know that some of those

:32:38.:32:42.

children who end up in trouble with the criminal just system, they grow

:32:43.:32:46.

up in homes where love has been absent or fleeting or when no one

:32:47.:32:49.

has cared enough to tell those children the difference between and

:32:50.:32:54.

wrong. The work conducted by the Education Secretary and the work

:32:55.:32:57.

being led by the Local Government Secretary to tackle the problems of

:32:58.:33:01.

troubled families are integral to ensuring we will reduce the number

:33:02.:33:08.

of young people who fall into crime. It was obvious to those who watched

:33:09.:33:14.

the Panorama programme, that the G4S workforce was underqualified,

:33:15.:33:20.

undertrained and under pressure not to report incidents that should've

:33:21.:33:25.

been reported because of the threat to G4S's profits. Isn't it now time

:33:26.:33:30.

that we recognise that the most difficult and vulnerable children in

:33:31.:33:36.

our system should not be looked after by a profit driven

:33:37.:33:40.

organisation, but by properly trained and publicly accountable

:33:41.:33:47.

staff? I don't doubt his sincerity in is caring for these people. What

:33:48.:33:53.

happened in Medway was terrible. It is important to take on board the

:33:54.:33:57.

fact that there are private sector organisations including G4S which

:33:58.:34:00.

are responsible for the care of young offenders not least in

:34:01.:34:05.

Bridgend and they have been doing an exemplary job in other areas. It is

:34:06.:34:08.

quite wrong to draw conclusions about the private sector or the

:34:09.:34:12.

public sector. What matters is getting outcomes right for children

:34:13.:34:16.

and we should not on the back of human misery try to carry forward a

:34:17.:34:24.

narrow ideological argument. Will he congratulate a distinguished soldier

:34:25.:34:28.

for taking on the airborne initiative of the young offenders

:34:29.:34:32.

institution in Portland does he agree that getting the appropriate

:34:33.:34:36.

young offenders out onto the Moors for five testing days is an

:34:37.:34:42.

excellent scheme which our support? I couldn't agree more. I have to say

:34:43.:34:49.

the capacity of Cadet forces and military involvement turn round the

:34:50.:34:51.

lives of young men who find themselves in trouble and it has

:34:52.:34:55.

been tested over the years will stop everything we can do to support the

:34:56.:35:01.

Education Secretary and support Sir Rupert Smith and rescue the lives of

:35:02.:35:11.

young people, I think we should do. The allegations in the Panorama

:35:12.:35:16.

programme on the 11th of January about Medway secure training centre

:35:17.:35:20.

were truly appalling. I am glad the Secretary of State has listened to

:35:21.:35:28.

the chief Insecta -- Inspector of prisons. The director of Medway has

:35:29.:35:37.

just resigned. The three STC's in England are run by G4S and following

:35:38.:35:42.

a damning inspection report, the contract was taken away from G4S.

:35:43.:35:46.

This has nothing to do with ideology. On the basis of the

:35:47.:35:50.

evidence before us, will the Government to take away G4S's Medway

:35:51.:35:56.

contract and will it ensure G4S is not awarded any future contracts? He

:35:57.:36:03.

is right. It is because these allegations are so serious that we

:36:04.:36:07.

have to investigate them properly. We will investigate what went on and

:36:08.:36:11.

ensure children are safe. When any organisation fails on the delivery

:36:12.:36:18.

of public services, we will take steps to remove that contract. If

:36:19.:36:22.

G4S have failed in this regard, we will take all steps to keep children

:36:23.:36:35.

safe. I will answer this question with question 15. Violence in

:36:36.:36:38.

prisons has increased and the nature of offenders currently in custody

:36:39.:36:43.

and the widespread of portability of psychiatric substances have

:36:44.:36:46.

contributed to making prisons less safe. There is no single solution to

:36:47.:36:51.

improving safety in prisons but we are making process and trialling the

:36:52.:36:57.

sub body warmth cameras, bringing in sniffer dogs but they are in a way

:36:58.:37:01.

to reduce violence is to give governors the tools to reformat and

:37:02.:37:05.

rehabilitate. One of the threats to safety inside prisons and outside

:37:06.:37:09.

prisons is the ability of inmates to access mobile phones. On Friday, a

:37:10.:37:13.

seven prison and Rochester prison was sentenced to 12 years for

:37:14.:37:19.

arranging the supply of reactivated firearms via a mobile phone from his

:37:20.:37:24.

prison cell. Random checks are only good enough and prison officers do

:37:25.:37:31.

their best but it now is time to cut this and go for mobile phone jamming

:37:32.:37:37.

devices. He is absolutely right. I can tell him we employ a number of

:37:38.:37:42.

measures and her body orifice scanning chairs, metal detecting

:37:43.:37:46.

ones, blockers and specially trained dogs. We need to refocus and

:37:47.:37:53.

redouble our efforts in this area, particularly around blockers and

:37:54.:37:58.

detectors and I can assure him that this is an area that the Secretary

:37:59.:38:02.

of State and I fully engaged in. The safety of young people in our prison

:38:03.:38:08.

state has been called into question by the Panorama programme regarding

:38:09.:38:12.

Medway secure training centre. What assurances can be provided that the

:38:13.:38:15.

safety of young people across the prison estate, not just in Medway,

:38:16.:38:22.

is being prioritised? He will have heard the answer that the Secretary

:38:23.:38:24.

of State has just given to a previous question on this issue. I

:38:25.:38:31.

won't repeat that. We do take this issue extremely seriously and that

:38:32.:38:35.

is the reason why the Secretary of State is commissioned Charlie

:38:36.:38:39.

Taylor, former Chief Executive of the National College for School

:38:40.:38:42.

leadership, to conduct a review of youth justice and youth custody

:38:43.:38:49.

across the board. Not only safety at its heart but improved outcomes for

:38:50.:38:54.

young people in custody. Medway prison 's shows that good order and

:38:55.:39:03.

restraint can be exploited. Will the inquiry look into this across all

:39:04.:39:06.

prisons because I do not think in this day and age it is appropriate?

:39:07.:39:12.

What I would say to the honourable lady, is that there are occasions in

:39:13.:39:17.

custody where for the safety of the young person and for the safety of

:39:18.:39:23.

others, we do have to use restraint. The chief inspector has acknowledged

:39:24.:39:25.

that minimising and managing physical restraint is an

:39:26.:39:31.

improvement. That is only the case if it is used properly and if it is

:39:32.:39:36.

used appropriately and not if it is abused. We are very mindful of that.

:39:37.:39:48.

The ongoing chief inspector of prisons looked into Wormwood Scrubs

:39:49.:39:52.

and one cell was so unsafe com he said he would want to keep a dog

:39:53.:39:56.

there. I know you can't teach an old dog new tricks that I wondered if

:39:57.:40:00.

you could tell us what is being done to deal with the Tory prison crisis?

:40:01.:40:11.

What I would say is I hope she will be fair enough to recognise the fact

:40:12.:40:15.

that this Government has accepted that much of our prison estate is

:40:16.:40:21.

simply not good enough. It is too old, inappropriate and we can

:40:22.:40:24.

provide the education or the work that we need to provide. That is why

:40:25.:40:30.

the Chancellor has provided ?1.3 billion to build my new prisons in

:40:31.:40:33.

addition to the new prison we are building in North Wales and the new

:40:34.:40:39.

house blocks we have delivered and the further two blocks that we will

:40:40.:40:50.

deliver. With permission I will take an answer four questions 12 and 16

:40:51.:40:57.

together. I have met with many international partners from the

:40:58.:41:01.

Council of Europe commission of human rights to the UN High

:41:02.:41:04.

Commissioner of human rights. The Justice Secretary has met with many.

:41:05.:41:12.

These meetings are an important opportunity to reinforce Britain's

:41:13.:41:16.

proud tradition of promoting freedom and discuss how this comment intends

:41:17.:41:20.

to strengthen its both at home and abroad. I'm sure if it was just the

:41:21.:41:25.

Labour Party who are saying don't scrap the Human Rights Act, the

:41:26.:41:29.

minister could roll with it. Prince Zeid, when he met with him, did he

:41:30.:41:34.

say that the Government's proposals will be damaging to victims,

:41:35.:41:38.

contrary to the country's history of global engagements and indeed many

:41:39.:41:44.

of their states would gleefully follow suit? Is it not important

:41:45.:41:48.

that we do listen to the United Nations? He is right we should

:41:49.:41:52.

listen to our international partners. He did not say that to me

:41:53.:41:56.

at all. When we have these meetings, it is a good opportunity to discuss

:41:57.:42:01.

the reality of our plans for reform. I make clear our forthcoming bill of

:42:02.:42:05.

Rights proposal stay within the convention. I explained the abuses

:42:06.:42:08.

that we want to be rid of under the Human Rights Act. Some of the

:42:09.:42:15.

challenges we have allowed us is to look at our common-sense reforms

:42:16.:42:18.

with some of the baseless scaremongering coming from some of

:42:19.:42:19.

our critics. The UN's special rapporteur on

:42:20.:42:31.

torture has spoken about plans to replace the Human Rights Act with a

:42:32.:42:36.

Tory Bill of Rights, calling it a dangerous and pernicious and

:42:37.:42:38.

something which would set a very bad example to the rest of the world.

:42:39.:42:44.

Isn't he right? It is not right, and I can tell him that with all the

:42:45.:42:49.

discussions I have had with all the UN officials who have passed through

:42:50.:42:52.

Westminster, nobody has ever used that kind of language in front of

:42:53.:42:56.

me, and I very much doubt that they would. Since when is it the practice

:42:57.:42:59.

of foreign legal and other entities to decide the views and produce the

:43:00.:43:06.

sovereignty of this Parliament and the electoral mandate we have to

:43:07.:43:10.

bring in a British Bill of Rights? It is a tragedy that the European

:43:11.:43:13.

Convention on Human Rights, which was founded by British people, has

:43:14.:43:17.

been distorted by perverse decisions such as trying to get an axe

:43:18.:43:21.

murderer to get the vote, which we have rejected. Isn't it time we got

:43:22.:43:25.

on with our manifesto commitment to have a British Bill of Rights? My

:43:26.:43:28.

honourable friend is absolutely right. I would also point out that

:43:29.:43:34.

the last Labour government had issues with the way the Strasbourg

:43:35.:43:39.

court operated, too. They did not implement a prisoner voting. I do

:43:40.:43:42.

not remember the honourable member when he was a minister calling for

:43:43.:43:46.

it to be implemented. Nor did they implemented the Abu Qatada judgment.

:43:47.:43:51.

Can the minister confirm that human rights have been part of our law in

:43:52.:43:54.

this country under the common law for many years, and that they will

:43:55.:43:58.

continue to be so after the repeal of the Human Rights Act, perhaps in

:43:59.:44:05.

a more modern and codified way? My honourable and Learned Friend is

:44:06.:44:09.

absolutely right. He have had a huge, long tradition and pedigree of

:44:10.:44:13.

respecting human rights, dating back to Magna Carta and before. We have

:44:14.:44:17.

protected human rights in this country before the European

:44:18.:44:21.

Convention, and certainly before Labour's Human Rights Act, and we

:44:22.:44:24.

shall continue to do so in the years ahead. The minister is yet to issue

:44:25.:44:29.

his consultation on the repeal of the Human Rights Act and its

:44:30.:44:32.

replacement with a British Bill of Rights. But it is eight weeks now

:44:33.:44:36.

and to the Scottish Parliament is dissolved and it goes into Purdy,

:44:37.:44:39.

and it is the same with Northern Ireland and Wales. Can I ask him to

:44:40.:44:43.

guarantee that he will not squash out Scotland, Northern Ireland and

:44:44.:44:49.

Wales from this important call some patience by issuing his proposals

:44:50.:44:52.

before, or even worse, during the election period? Can he give that

:44:53.:45:00.

guarantee? There will be no squashing out. We are already in

:45:01.:45:06.

detailed soundings and when we come to it, there will be full

:45:07.:45:10.

consultation with all the devolved administrations. In relation to the

:45:11.:45:14.

purdah issue, we will be mindful of the Cabinet Office guidelines.

:45:15.:45:20.

Another perverse decision of the European Court of Human Rights was

:45:21.:45:23.

that on prisoner voting. Can the minister please confirm that there

:45:24.:45:26.

are absolutely no plans to change our laws on prisoner voting? I thank

:45:27.:45:37.

him for his question. As I have made clear to our partners in Strasbourg,

:45:38.:45:42.

it is for honourable members in this House to determine whether prisoners

:45:43.:45:45.

should be given the vote, and I see no prospect of that happening in the

:45:46.:45:52.

foreseeable future. When the council of Europe commission of human rights

:45:53.:45:56.

visited the United Kingdom last week, he said that the repeatedly

:45:57.:46:00.

delayed launch of the consultation of the repeal of the Human Rights

:46:01.:46:04.

Act is, and I quote, creating an app must fear of anxiety and concern in

:46:05.:46:10.

civil society and within the devolved administrations. --

:46:11.:46:14.

creating an atmosphere. Will he now tell say exactly when the

:46:15.:46:16.

consultation will be published? As she already knows, I met with the

:46:17.:46:21.

commissioner last week and we spoke about these issues. There is no

:46:22.:46:24.

cause for anxiety. We will bring forward proposals for full

:46:25.:46:28.

consultation in the near future. Those proposals are going well. She

:46:29.:46:34.

will hear more on that shortly. The commissioner also said, and I quote,

:46:35.:46:37.

my impression is that the debate over the Human Rights Act in

:46:38.:46:42.

Westminster is not a true reflection of the debate outside England. Does

:46:43.:46:46.

the minister appreciate that the impact of any attempt to repeal the

:46:47.:46:51.

Human Rights Act on the devolved administrations would be likely to

:46:52.:46:55.

provoke a constitutional crisis? I think she is absolutely right to say

:46:56.:46:58.

that within the Westminster bubble, particularly if you look at some of

:46:59.:47:01.

the scaremongering, the debate is not reflective of wider public

:47:02.:47:06.

opinion outside of this House, which is consistently in favour of a Bill

:47:07.:47:10.

of Rights to replace the Human Rights Act, including, she will

:47:11.:47:20.

note, in Scotland. I want to see fewer women in the kernel justice

:47:21.:47:24.

system. That's why in partnership with the equalities office we have

:47:25.:47:28.

made available ?200,000 of grant funding to add to the ?1 million

:47:29.:47:31.

already invested to support local pilots for female offenders. This is

:47:32.:47:36.

where multiple agencies work together and intervene earlier to

:47:37.:47:41.

help address the complexes reasons why women offend and to assist them

:47:42.:47:47.

in turning their lives around. Does she agree that more needs to be done

:47:48.:47:53.

to steer vulnerable women away from crime, and can she update the House

:47:54.:47:56.

on how that is progressing and what more is being done to tackle this

:47:57.:48:02.

issue? The system approach I have outlined in straights this

:48:03.:48:05.

commitment to divert as many women as possible from custody by

:48:06.:48:10.

addressing not only the causes of offending, which left unchecked

:48:11.:48:14.

software will spiral into potentially a prison sentence and

:48:15.:48:18.

the break down of families and children in care, which is why we

:48:19.:48:21.

will be announcing successful bids for this pilot later in the week.

:48:22.:48:27.

Thank you very much. I have had occasion in this House to offer my

:48:28.:48:31.

thanks and gratitude to Nick Arnold wick, the outgoing Chief Inspector

:48:32.:48:36.

of Prisons, and Paul iron, the outgoing chief inspector of

:48:37.:48:38.

probation. But their expertise will not be lost because I can announce

:48:39.:48:41.

today that I am appointing Nick Arnold wick is the new Chair of the

:48:42.:48:45.

parole board. He will succeed the current Chair, and I would like to

:48:46.:48:51.

put on record my thanks to Sir David for what he has done in this role.

:48:52.:48:57.

My honourable friend the Courts Minister will know that last year I

:48:58.:49:03.

wrote a report on form of service personnel in the cruel justice

:49:04.:49:05.

system, which recommended among other things, training of people in

:49:06.:49:10.

the bar and for solicitors and judges to deal with this small

:49:11.:49:14.

cohort of offenders. What steps is my honourable friend taking to make

:49:15.:49:17.

sure that court staff receive appropriate training to deal with

:49:18.:49:22.

these individuals? He makes an important point. We know that he is

:49:23.:49:27.

a distinguished veteran as well as being an outstanding... He produced

:49:28.:49:32.

an excellent report on offenders who have been in the Armed Forces. Court

:49:33.:49:38.

staff are trained to deal with the specific needs of veterans and we

:49:39.:49:40.

are aware that there are particular needs which may relate to need

:49:41.:49:43.

post-traumatic stress disorder and associated mental health concerns,

:49:44.:49:46.

which court staff need to be sensitive to. Could I commend the

:49:47.:50:00.

Secretary of State for his appointment of Nick Hardwick to the

:50:01.:50:04.

Parole Board? Exactly a year ago, my right honourable friend the member

:50:05.:50:07.

for Tooting, with his usual proceedings, said the new legal aid

:50:08.:50:11.

contracts were making pigs ear of access to justice and should be

:50:12.:50:16.

abandoned. Will the Secretary of State confirm the Pressel ports that

:50:17.:50:21.

he is about to do just that? Can I thank the honourable gentleman for

:50:22.:50:26.

his praise for temp -- for Nick Hardwick? It is precisely because

:50:27.:50:30.

Nick Hardwick has spoken without fear or favour and has been such an

:50:31.:50:34.

honest critic that I believe he is the right person to discharge this

:50:35.:50:37.

role. I am sure he will appreciate the bipartisan support. On legal aid

:50:38.:50:42.

contracts, it has been the case that we have had to reduce the spend on

:50:43.:50:46.

legal aid, in order to deal with the deficit which we inherited. But also

:50:47.:50:50.

we maintain more generously delayed in this country than in any other

:50:51.:50:56.

competent jurisdiction. Diderot at the justice select committee, the

:50:57.:50:59.

Master of the Rolls described fee increases affecting civil litigants

:51:00.:51:04.

as a desperate way of carrying on, based on hopeless research. He

:51:05.:51:09.

laughed when asked by the honourable member for chop them if there was

:51:10.:51:12.

anything in the governments. Which stood up to scrutiny. It is another

:51:13.:51:15.

car crash. Is it time for another U-turn? I can hear music from the

:51:16.:51:27.

zephyrs, words from the honourable member for Cheltenham, suggesting

:51:28.:51:29.

that were once the honourable member might be misinformed of what

:51:30.:51:31.

precisely happened in the select committee. But one thing I would say

:51:32.:51:37.

is, one of the biggest barriers to justice, as the master of the Rolls

:51:38.:51:41.

and others have pointed out, are costs. Action needs to be taken to

:51:42.:51:45.

reduce costs in civil justice. It is not enough simply to say that the

:51:46.:51:49.

taxpayer must shoulder the burden. We need reform of our legal system

:51:50.:51:52.

in order to make access to justice easier for all. I know that my right

:51:53.:51:57.

honourable friend regards access to justice as a clear priority. With

:51:58.:52:00.

this in mind and given the large area of north-east Cheshire which

:52:01.:52:05.

will be without easy access to a court under the consultation, can he

:52:06.:52:10.

tell the House what progress is being made in considering the

:52:11.:52:13.

Macclesfield proposal for a single, combined across field justice

:52:14.:52:19.

centre? May I first of all thank my honourable friend for the meeting

:52:20.:52:23.

that we had and for presenting the justice centre report which he gave

:52:24.:52:26.

to me along with his constituent. He will be aware that we are giving

:52:27.:52:29.

serious consideration to that report and indeed to the 2000-plus

:52:30.:52:33.

submissions made in that consultation regarding which we will

:52:34.:52:39.

be making our response soon. Women's aid last week published a report

:52:40.:52:44.

entitled 19 childhood asides. It tells the story of 19 children, two

:52:45.:52:48.

mothers, killed by unknown perpetrators of domestic abuse in

:52:49.:52:52.

circumstances related to the unsafe child contact. How will the

:52:53.:52:56.

department helped to make sure that no further avoidable child deaths

:52:57.:52:59.

will take place where the perpetrators of domestic abuse have

:53:00.:53:01.

been allowed contact through the family court? We take

:53:02.:53:05.

extraordinarily seriously concerns about child safety. I know that my

:53:06.:53:10.

colleague the minister who is responsible for family law has been

:53:11.:53:13.

in touch with charities who work in this area in the past. We will make

:53:14.:53:16.

sure that we pay close attention to this report. Does my right

:53:17.:53:23.

honourable friend share my anger and that of my constituent whose son was

:53:24.:53:27.

tragically killed while serving his country in Afghanistan? Law firms

:53:28.:53:33.

which are heavily involved in actions against Veterans Day and

:53:34.:53:36.

serving them as of our armed forces, and what action can the government

:53:37.:53:40.

take to close down this industry, which is causing so much unnecessary

:53:41.:53:44.

distress to our Armed Forces and their families? We share my right

:53:45.:53:48.

honourable friend's concerns. He will be aware of the prime ministers

:53:49.:53:52.

early announcement on Friday. The professionalism of our Armed Forces

:53:53.:53:55.

is second to none. But we cannot have returning troops hounded by

:53:56.:54:00.

ambulance chasing lawyers pursuing spurious claims. The Justice

:54:01.:54:03.

Secretary has asked me to Chair a working groups to look at all

:54:04.:54:08.

aspects of this, no Win no fee, leader labels, time limits and

:54:09.:54:10.

disciplinary sanctions against law firms who are found to be abusing

:54:11.:54:17.

the system, so that we prevent any malicious or parasitic litigation

:54:18.:54:22.

against our brave Armed Forces. Can the minister confirm Hamley times

:54:23.:54:26.

contract breaches at G4S establishments have occurred under

:54:27.:54:29.

the contract with his department, and what amount in fines have been

:54:30.:54:32.

incurred and by G4S in respect of those breaches? I do not have the

:54:33.:54:38.

detailed information. If she will allow me, I will write to her with

:54:39.:54:45.

details. My right honourable friend is aware of the very serious

:54:46.:54:49.

problems associated with radicalisation in our prisons. Can

:54:50.:54:52.

he update the House on what steps are being taken to tackle this? I

:54:53.:54:58.

understand my honourable friend's proper interest in this subject. As

:54:59.:55:03.

the threat evolves, we evolve our response. We are strengthening the

:55:04.:55:10.

training for new prison officers and we make sure they are able to tackle

:55:11.:55:13.

criminal activity in whatever form within prison. The Secretary of

:55:14.:55:18.

State has asked the department to review its approach to dealing with

:55:19.:55:24.

Islamist extra that's prisons and we await that report shortly. --

:55:25.:55:30.

Islamist extremism in prisons. Just two weeks ago, he said, our system

:55:31.:55:36.

of justice has just become unaffordable to most. Will the

:55:37.:55:39.

Secretary of State take heed of these comments and also, it to

:55:40.:55:45.

abolition of tribunal fees, following the SNP lead? I take very

:55:46.:55:50.

seriously everything the Lord Chief Justice says. I am delighted to be

:55:51.:55:54.

able to work with him on a programme of court reform which should make

:55:55.:55:58.

access to justice swifter, more certain and cheaper. It is important

:55:59.:56:01.

that we learn from different jurisdictions. One thing I would say

:56:02.:56:06.

is that even as we look to Scotland from time to time to see what we can

:56:07.:56:10.

learn from the development of the law there, it is also important that

:56:11.:56:14.

from time to time, those charged with what happens in Scottish courts

:56:15.:56:17.

should look at the tradition of English justice fell as a Scotsman

:56:18.:56:21.

myself I would have to acknowledge has certain better elements. Would

:56:22.:56:27.

he agree with me that improving the mental health of prisoners should be

:56:28.:56:31.

a top priority? Specifically when a prisoner is released from prison

:56:32.:56:34.

with a known mental health condition that there should be close liaison

:56:35.:56:38.

between the prison 40s, local GPs and health services, to put a care

:56:39.:56:43.

plan in place? My honourable friend is absolutely right. Let me pay

:56:44.:56:46.

tribute to his long interest and great expertise in this issue. He

:56:47.:56:50.

will probably know that local commissioning groups in England and

:56:51.:56:55.

the local health boards in Wales are responsible for services in the

:56:56.:57:00.

community. NHS health care staff in prisons are responsible there. It is

:57:01.:57:05.

their job to make sure that services provided in the prison are followed

:57:06.:57:07.

through in the community. Will he work with the Immigration

:57:08.:57:20.

Minister to make sure migrant families will be evicted without a

:57:21.:57:26.

court order is contrary to the right of law and must be urgently

:57:27.:57:32.

reconsidered? I enjoyed meeting with the Home Secretary and we must

:57:33.:57:44.

ensure that we look at our borders. Immigration across the EU is not

:57:45.:57:48.

being effectively controlled. We will take measures to keep our

:57:49.:57:53.

borders secure and I thought it would be in the interests of every

:57:54.:57:58.

citizen of the UK to take part in that fight. Further to the question,

:57:59.:58:04.

does my right honourable friend agree that people in this house will

:58:05.:58:10.

find it despicable that two firms, possibly more, are actively seeking

:58:11.:58:21.

people in Iraq to make bogus claims against our servicemen overseas?

:58:22.:58:24.

Will he rejects reports in newspapers that we still intend to

:58:25.:58:29.

give legal aid to these appalling claims? I thank the honourable

:58:30.:58:37.

gentleman. I am concerned about the way the system operates and it is

:58:38.:58:41.

important we should say that there is accountability of any wrongdoing.

:58:42.:58:45.

That doesn't mean giving lawyers a licence to harass our Armed Forces.

:58:46.:58:51.

We will be looking at every angle as well as no-win, no fee and as well

:58:52.:58:54.

as disciplinary powers against lawyers who try to abuse the system.

:58:55.:59:01.

In 2012, the department spent millions refurbishing Saint Helen 's

:59:02.:59:04.

courthouse to accommodate civil and criminal proceedings in the same

:59:05.:59:08.

building declaring it was logical. Are we to assume that four years

:59:09.:59:13.

later, considering the close of the same courthouse is illogical and

:59:14.:59:16.

inefficient or would he like to rule it out today? May I say that no

:59:17.:59:23.

final decisions have been taken and we are taking into account a whole

:59:24.:59:28.

variety of reasons and this is a consultation concerning 91 courts

:59:29.:59:31.

throughout England and Wales to make our system better and one of the

:59:32.:59:38.

best in the world. Following on from my honourable friend, what steps are

:59:39.:59:42.

being taken to ensure all prisons with mental health issues are dealt

:59:43.:59:44.

with safely, appropriately and compassionately? I am glad my

:59:45.:59:52.

honourable friend has raised this issue. And every prisoner comes into

:59:53.:59:56.

prison, they have a full health assessment. That health practitioner

:59:57.:00:01.

has the ability to refer to the prison's in reach services. We now

:00:02.:00:09.

have either learning disability or mental health nurses available at

:00:10.:00:12.

police stations and in courts so we can start that mental health

:00:13.:00:15.

treatment at the beginning of their journey in the criminal system. I

:00:16.:00:22.

had the secretary will meet with me to discuss my justice for victims of

:00:23.:00:26.

criminal driving bill. Can I point out that the consultation on this

:00:27.:00:31.

did start on the 6th of May 2000 and 14. It is a long time that we will

:00:32.:00:34.

not hear anything back until later on in this year. I am grateful for

:00:35.:00:44.

that this incident -- assistant way in which he has campaigned for this.

:00:45.:00:49.

We will be discussing the case for change as there was widespread

:00:50.:00:53.

agreement that we did need change but not what change. We will get

:00:54.:00:57.

back to him in due course. Given the rate of reoffending, would it not be

:00:58.:01:02.

better to improve rehabilitation rather than incarceration,

:01:03.:01:06.

especially in relation to shorten prison sentences? He makes a

:01:07.:01:09.

powerful point and few know more about what happens in our courts as

:01:10.:01:14.

he does. It is important that would put an emphasis on rehabilitation

:01:15.:01:18.

but it is also important that we give all our citizens the security

:01:19.:01:22.

of knowing that those people who pose a real threat to us are

:01:23.:01:25.

incapacitated behind bars and receiving the punishment that they

:01:26.:01:31.

deserve the most heinous crimes. Past week, the Public Accounts

:01:32.:01:35.

Committee heard about the infrastructure authority and he was

:01:36.:01:38.

asked what the three projects were that kept him worried and they

:01:39.:01:42.

caught's programme was one of them. Add that the list of a tagging and

:01:43.:01:48.

translation service and the concerns around probation and prisons, is the

:01:49.:01:54.

secretary of this -- Secretary of State worried that his campaign, not

:01:55.:02:03.

cope with this? I will offer him another cup of cocoa to enable him

:02:04.:02:10.

to sleep as well as I do. He has gone native in record time,

:02:11.:02:21.

including hanging off every word that the Nu T says. Will the

:02:22.:02:25.

Secretary of State get back his Mojo and put the victims of crime at the

:02:26.:02:33.

heart of what he is doing? Come back Ken Clarke, all is forgiven. I am

:02:34.:02:37.

not sure our members on the opposite benches would agree I have become a

:02:38.:02:43.

sandal wearing muesli munching Cregan vague stuff. They will say I

:02:44.:02:50.

am the same blue Tory that I always have been. It is because I am a

:02:51.:02:53.

conservative that I believe in the rule of law as the foundation of our

:02:54.:02:57.

civilisation and I believe that evil must be punished. It is also because

:02:58.:03:05.

I believe in redemption and I think the purpose of our prison system is

:03:06.:03:10.

to keep people safe by making people better. We have learned about his

:03:11.:03:21.

personal habits and religious beliefs and are better off. The

:03:22.:03:26.

Prime Minister agreed to meet with me about the baby Ashes scandal. My

:03:27.:03:33.

constituent had a helpful meeting but I wondered if the Parliamentary

:03:34.:03:36.

Secretary of State will help me to get that meeting that the Prime

:03:37.:03:39.

Minister agreed to and if I could list her support? We are clear about

:03:40.:03:49.

what happened and it should never happened again, which is why the

:03:50.:03:52.

honourable lady will know we have launched our consultation in

:03:53.:03:55.

December which will conclude in March and stop I will be happy to

:03:56.:03:58.

make that representation on her behalf. The honourable gentleman

:03:59.:04:04.

hasn't had a question and I would like to have one. The Minister will

:04:05.:04:14.

be aware of the closure of Torbay Magistrates' Court. Willie helped

:04:15.:04:21.

keep justice local in the Bay? I hear the message that my honourable

:04:22.:04:25.

friend is saying and we have met and corresponded and I am giving serious

:04:26.:04:30.

consideration to all that is being put forward. Urgent question, Heidi

:04:31.:04:34.

Alexander. To ask the Secretary of State for

:04:35.:04:46.

Health if he will make a statement on NHS England's report into the

:04:47.:04:50.

death of William Mead and the failures of the 111 how -- helpline.

:04:51.:05:01.

This tragic case concerns the death of a one-year-old boy, William Mead,

:05:02.:05:05.

on the 14th of December 2014 in Cornwall. Whilst any health system

:05:06.:05:10.

will inevitably suffer some tragedies, the issues raised in this

:05:11.:05:14.

case have significant implications for the rest of the NHS which I am

:05:15.:05:18.

determined we should learn from. I would like to offer my sincere

:05:19.:05:22.

condolences to the family of William Mead. I have met William's mother

:05:23.:05:28.

who spoke movingly about the loss of her son. Quite simply, we let her,

:05:29.:05:34.

her family and William down in the worst possible way through serious

:05:35.:05:39.

failings in the NHS care offered. I would like to apologise to them on

:05:40.:05:43.

behalf of the Government and the NHS for what happened. I would like to

:05:44.:05:49.

thank them for their support and cooperation in the investigation

:05:50.:05:54.

that has now been completed. Today, NHS England published the results of

:05:55.:05:58.

that investigation, a root cause analysis of what happened. The

:05:59.:06:01.

recommendations are far reaching, with natural -- national

:06:02.:06:05.

implications. The report concludes there were four areas of missed

:06:06.:06:09.

opportunity by the local health services when a different course of

:06:10.:06:15.

action should have been taken. These include primary care and general

:06:16.:06:18.

practice appointments by William's family come out of hours calls with

:06:19.:06:25.

their GP and the NHS 111 service. Though the report concluded these

:06:26.:06:29.

did not constitute direct serious failings by the individuals

:06:30.:06:34.

involved, had different action been taken at these points, William would

:06:35.:06:38.

probably have survived. Across these different parts of the NHS, a major

:06:39.:06:44.

failing was that in the last six to eight weeks of William's life, the

:06:45.:06:50.

underlying pathology including pneumonia and chest infection were

:06:51.:06:55.

not probably recognised and treated. The report cites potential factors

:06:56.:07:01.

such as a lack of understanding of sepsis, particularly in children,

:07:02.:07:06.

pressure on GPs to reduce antibiotic prescribing and Acute Hospital

:07:07.:07:09.

referrals and although this wasn't raised by the GPs involved, the

:07:10.:07:13.

report refers to the potential pressure of work load. There were

:07:14.:07:20.

specific recommendations in relation to NHS 111 we should be treated as a

:07:21.:07:26.

national not a local issue. Call advisers are trained not to deviate

:07:27.:07:30.

from their script but the report says they need to be trained to

:07:31.:07:33.

appreciate when there is a need to probe further, how to recognise

:07:34.:07:39.

complex calls and when to call in clinical advice earlier. It cites

:07:40.:07:45.

limited sensitivity in the algorithms used by call handlers to

:07:46.:07:52.

red flag signs relating to sepsis. The Government and NHS England

:07:53.:07:55.

access these recommendations which will be implemented as soon as

:07:56.:07:59.

possible. New commissioning standards issued in October 20 15th

:08:00.:08:05.

require commissioners to create more functionally integrated 111 and GP

:08:06.:08:10.

out-of-hours services and sub Bruce's care of you will simplify

:08:11.:08:16.

the way the Government interacts with the NHS for urgent care needs.

:08:17.:08:22.

We must recognise that our understanding of sepsis across the

:08:23.:08:28.

NHS is totally inadequate. This condition claims 35,000 lives every

:08:29.:08:33.

year, including around 1000 children. I would like to add

:08:34.:08:36.

knowledge and thank my honourable friend the member for Truro and

:08:37.:08:40.

Falmouth who as well as being constituency MP to the Mead family,

:08:41.:08:45.

has worked tirelessly to raise awareness of sepsis and work closely

:08:46.:08:51.

with the UK's sepsis trust to reduce the number of avoidable deaths from

:08:52.:08:54.

sepsis. In January last year, I announced a package of measures to

:08:55.:09:00.

help improve diagnosis of sepsis in both hospitals and GP services and

:09:01.:09:05.

significant efforts are being made to improve awareness of the

:09:06.:09:09.

condition amongst doctors and the public. The tragic death of William

:09:10.:09:13.

Mead reminds us there is much more to be done. Anyone who watched the

:09:14.:09:24.

courageous interviews Melissa Mead gave this morning could not fail to

:09:25.:09:29.

be moved by this tragic case. I pay tribute to Melissa and her husband,

:09:30.:09:33.

Paul, who have fought to know the truth about their son's death and

:09:34.:09:37.

who are now campaigning to raise awareness and improve care of

:09:38.:09:43.

sepsis. It is right that we express our sorrow at what has happened and

:09:44.:09:48.

the Health Secretary was right to apologise on behalf of the NHS. The

:09:49.:09:53.

key now is to ensure the right lessons are learned and that action

:09:54.:09:58.

is taken. As the Secretary of State noted, the report found a catalogue

:09:59.:10:03.

of failures that contributed to William's death, including four

:10:04.:10:06.

missed opportunities where a different course of action should

:10:07.:10:11.

have been taken. I want to press the Health Secretary on these areas.

:10:12.:10:16.

Firstly, the report said that William saw GPs six times in the

:10:17.:10:23.

months leading up to his death but none spotted the seriousness of the

:10:24.:10:26.

chest infection that cost him his life. Ministers were warned about

:10:27.:10:33.

poor sepsis care back in September 2013 when an ombudsman report

:10:34.:10:37.

highlighted and I quote, shortcomings in a initial assessment

:10:38.:10:41.

and delay in emergency treatment which led to missed opportunities to

:10:42.:10:46.

save lives. Can Health Secretary say what action was taken following that

:10:47.:10:53.

report? Why was it only in December 2015, over two years later, that NHS

:10:54.:10:59.

England finally published an action plan to help support NHS staff

:11:00.:11:04.

recognise and treat sepsis? Second, the report found that the NHS 111

:11:05.:11:11.

helpline failed to respond adequately to Melissa's Corp. The

:11:12.:11:14.

report concluded that if it had been a doctor or nurse taking her call,

:11:15.:11:19.

they would have probably seen the need for urgent action. The

:11:20.:11:25.

replacement of NHS Direct which was predominantly a nurse led service

:11:26.:11:29.

with NHS 111, means the service relies on call handlers who receive

:11:30.:11:35.

as little as six weeks training. When would the Health Secretary

:11:36.:11:43.

Daschle Wenallt... When he increased the number of clinically trained

:11:44.:11:47.

staff available to respond to calls? The report says that the computer

:11:48.:11:53.

programme call handlers are using did not cover some of the symptoms

:11:54.:11:58.

of sepsis including a drop in body temperature from very high to low.

:11:59.:12:02.

Does the Health Secretary have confidence that the 111 service is

:12:03.:12:07.

fit to diagnose patients with complex life-threatening problems,

:12:08.:12:13.

you may not always fit the computer algorithm call handlers have to rely

:12:14.:12:14.

on. Finally, can I ask the Secretary of

:12:15.:12:27.

State what he is doing to raise awareness of the symptoms of sepsis?

:12:28.:12:31.

I know that this is an issue Melissa and Paul feel particularly strongly

:12:32.:12:35.

about. And we owe it to them to implement the recommendations of the

:12:36.:12:40.

NHS England report and do all we can to ensure the failures in this

:12:41.:12:44.

tragic case are never, ever repeated again. I hope I can reassure the

:12:45.:12:55.

Shadow Health Secretary on all the points she raised. First of all,

:12:56.:12:58.

there has been a sustained effort across the NHS since September 2013

:12:59.:13:04.

to improve the standard of safety in the care that we offer in our

:13:05.:13:10.

hospitals. An entirely new inspection system was set up that

:13:11.:13:15.

year. That is now nearly completed. Inspections of every hospital have

:13:16.:13:19.

caused a sea change in attitudes towards patient safety. And sepsis

:13:20.:13:22.

is one of the areas which is looked at. In particular it is incredibly

:13:23.:13:29.

potent when signs of sepsis are identified in A departments, that

:13:30.:13:32.

the right antibiotic treatment is started within six to minutes. That

:13:33.:13:36.

is not happening everywhere. We need to raise awareness urgent leader

:13:37.:13:40.

make that happen. But inspection regime is helping to focus minds on

:13:41.:13:46.

that. I agree with her, there are some very important issues on 111,

:13:47.:13:51.

and I will come to those. A year ago I announced an important package to

:13:52.:13:57.

raise awareness of sepsis. It covers the different parts of the NHS. ,

:13:58.:14:02.

for example, in hospitals, spotting it quickly. There was a big package

:14:03.:14:07.

which was being followed in December of last year, December the 15th,

:14:08.:14:13.

with NHS England publishing the sepsis programme board report, which

:14:14.:14:16.

looks at how to improve identification of sepsis across the

:14:17.:14:21.

pathway. She is right to raise the issue of faster identification by GP

:14:22.:14:26.

is. That's why last January I announced that we would be

:14:27.:14:30.

developing an audit tool for GPs. Because it is difficult to identify

:14:31.:14:35.

sepsis, even for trained clinicians. And we need to give GPs the help and

:14:36.:14:40.

support that they need to do that. We are also talking to public of

:14:41.:14:43.

England about a public awareness campaign. It is not just clinicians

:14:44.:14:48.

in the NHS, it is also a member is of the public and parents of young

:14:49.:14:51.

children who need to be aware of some of those tell-tale signs. So

:14:52.:14:58.

there is a lot happening. But because the root cause of the issue

:14:59.:15:02.

is understanding by clinicians on the front line of this horrible

:15:03.:15:08.

disease, it does take some time to develop that greater understanding

:15:09.:15:12.

that everybody accepts that we need. But I can reassure her that there is

:15:13.:15:16.

a total focus in the NHS now on reducing the number of avoidable

:15:17.:15:20.

deaths from sepsis and other causes. This is something which the NHS and

:15:21.:15:24.

everyone who works in it is totally committed to. With respect to 111, I

:15:25.:15:30.

think there are some things that we can do quickly which we must do in

:15:31.:15:35.

response to this report. But I think there is a more fundamental change

:15:36.:15:40.

which we need in 111 as well. The thing we can do quickly is to look

:15:41.:15:43.

at the algorithms which are used by the call handlers to make sure that

:15:44.:15:46.

they are sensitive to those red flag signs of sepsis. this is a very,

:15:47.:15:51.

very important thing which needs to happen. NHS 111 has in some ways

:15:52.:16:01.

Bina victim of its own success. It is taking 12 million calls a year,

:16:02.:16:06.

as opposed to 4 million which were being taken by NHS Direct just three

:16:07.:16:10.

years ago. Nearly nine out of ten of those calls are being answered

:16:11.:16:15.

within 60 seconds. But when it comes to the identification of diseases

:16:16.:16:18.

like sepsis, we need to do better. We need urgently to look at the

:16:19.:16:21.

algorithm followed by the call handlers. But fundamentally, when

:16:22.:16:30.

you look at the totality of what the family of William Mead suffered,

:16:31.:16:33.

there is a confusion in the mind of the public which the NHS needs to

:16:34.:16:36.

address about what exactly you do when you have an urgent care need.

:16:37.:16:42.

When you have a child with a high temperature, you do not know whether

:16:43.:16:45.

you should just give them some kelp or whether it is something which

:16:46.:16:50.

needs serious clinical attention. The issue is that there are too many

:16:51.:16:53.

choices and often you cannot get through quickly to the help you

:16:54.:16:59.

need. We need to improve the simpler city of the system so that when you

:17:00.:17:03.

get through to anyone want one, you are not asked about Russia

:17:04.:17:08.

questions, some of which seem quite meaningless, which gets to the point

:17:09.:17:11.

more quickly, you are referred to clinical care more quickly, and that

:17:12.:17:15.

we sympathise the options so that people know what to do. That is

:17:16.:17:19.

happening as part of the urgent and emergency care review. It is a big

:17:20.:17:24.

priority. This tragic case will make us accelerate that process even

:17:25.:17:29.

faster. I would like to join colleagues from across the House in

:17:30.:17:33.

sending deepest condolences to William Mead's parents. I welcome

:17:34.:17:37.

Secretary of State solely responsible he will put into action

:17:38.:17:40.

the recommendation from the report. Can I draw out one aspect which has

:17:41.:17:45.

not been touched on, which is the comment that out of our services did

:17:46.:17:50.

not have access to William Sery clinical records, and have they been

:17:51.:17:53.

able to do so, would have seen how many times he had consulted, and

:17:54.:17:58.

that would have been a clear red flag. Can he reassure me that this

:17:59.:18:02.

will be addressed across the NHS so that all services have access to

:18:03.:18:06.

patients's clinical records, of course with their consent? She is

:18:07.:18:11.

absolutely right. There is so much in this report and it is important

:18:12.:18:15.

we do not let some very important recommendations slipped under the

:18:16.:18:18.

carpet and that is one of them. We have a commitment to a ablest NHS,

:18:19.:18:23.

which as part of that commitment will involve the proper sharing of

:18:24.:18:26.

electronic records across the system. We have also instructed CCGs

:18:27.:18:34.

to integrate the commissioning of out of hours care with the

:18:35.:18:37.

commissioning of their 111 services to further make sure that those are

:18:38.:18:42.

joined up. It is a big IT project. We are making progress. Two thirds

:18:43.:18:46.

of A departments can now access GP records. She is right, that is a

:18:47.:18:53.

priority. As others have said, I would also like to add my

:18:54.:18:57.

condolences for the family. It is hard to imagine anything worse for a

:18:58.:19:01.

family to face. Like many deaths in the NHS, it is always sad to look

:19:02.:19:06.

back and see that it was a catalogue of missed opportunities or errors.

:19:07.:19:10.

One of the things I would like to pick up is, young children are very

:19:11.:19:14.

hard to assess. They are quite hard to assess when you are seeing them.

:19:15.:19:18.

They can be running around and then keel over half in a later. I think

:19:19.:19:23.

they are particularly hard to pick up clues on the phone. When the NHS

:19:24.:19:28.

Direct services throughout the UK were started, they were based in

:19:29.:19:31.

local out of hours GP centres, which meant the nurse could just pass the

:19:32.:19:36.

phone and say, can you come and chat? I am not sure. We have rules

:19:37.:19:41.

in our local one that if it was a young child, they actually got a

:19:42.:19:44.

visit from the mobile car. I would hope that the Secretary of State

:19:45.:19:49.

might undertake that in this review, instead of it all being put in call

:19:50.:19:54.

centres, there might actually be a dissemination back to a local system

:19:55.:19:58.

so that these cases can be accelerated easily to a clinician. I

:19:59.:20:05.

agree with the broad thrust of what she says. Of course she speaks with

:20:06.:20:09.

the authority of an experienced clinician herself. In this case, the

:20:10.:20:14.

tragedy was that there was actually a doctor who spoke to the Mead

:20:15.:20:23.

family on the night before William died, and the doctor did not spot

:20:24.:20:26.

those symptoms. So it is not simply a question of access to the doctor,

:20:27.:20:30.

it is making sure the doctors have the training necessary. It is very

:20:31.:20:35.

difficult. The doctor's view on that occasion was that because the child

:20:36.:20:38.

was sleeping peacefully, it was fine to leave it until morning, when it

:20:39.:20:42.

was tragically too late. That is a mistake I am sure other doctors

:20:43.:20:46.

would say could be made easily by anyone. I think the report is right

:20:47.:20:52.

to say it is not about individual blame, it is about a better

:20:53.:20:56.

understanding of the risks of sepsis. I think she is right to say

:20:57.:21:03.

that in the 11 service -- in the 111 service, which, because it is an

:21:04.:21:06.

easy number to remember, and because we are trying to join up the

:21:07.:21:10.

services, the principle of having one number that you dial, when it is

:21:11.:21:14.

not life-threatening, and it is not a routine GP appointment, is a good

:21:15.:21:18.

one. We support that. But we need to make sure there is faster access to

:21:19.:21:22.

clinicians, and that those clinicians can see people's medical

:21:23.:21:26.

records so that they can make a proper assessment. Mr Speaker, as

:21:27.:21:35.

Chair of the APPG on sepsis, can I also pay tribute to the Mead family

:21:36.:21:44.

move now campaigning to make sure that no other child suffers in the

:21:45.:21:47.

same way that William did. I know that the Secretary of State is

:21:48.:21:51.

taking a great deal of interest in the work the trust has been doing

:21:52.:21:54.

with the APPG. He will know that we are pressing for a campaign similar

:21:55.:21:59.

to the stroke campaign, so that early diagnosis can save lives. Will

:22:00.:22:04.

the Secretary of State now consider very seriously funding a campaign

:22:05.:22:07.

such as the Fast campaign for sepsis, because there are thousands

:22:08.:22:12.

of preventable deaths which could now be brought about by some simple

:22:13.:22:16.

funding of a campaign so that everyone is aware of the signs of

:22:17.:22:27.

sepsis? I am very happy to undertake that my colleague, the public Health

:22:28.:22:30.

Minister, will look urgently into whether such a campaign would be the

:22:31.:22:36.

right thing to do. I can reassure her that the package that we put

:22:37.:22:39.

together and which I announced last January did contain what I think

:22:40.:22:45.

most people felt was necessary. But we can always look at whether there

:22:46.:22:48.

is more that needs to be done. I want to commend her for her

:22:49.:22:56.

campaigning on the issue of sepsis. The one more positive note I would

:22:57.:23:00.

say is that in the NHS, when we have decided to tackle things like MRSA

:23:01.:23:07.

and C difficile in the past, we have actually been very successful. In

:23:08.:23:12.

the last three years, the number of avoidable deaths from

:23:13.:23:16.

hospital-acquired harm, the four major ones, has nearly halved. So we

:23:17.:23:21.

can do this and I think we should be inspired by the successes we have

:23:22.:23:27.

had. One of the reasons that the number of calls to anyone want one

:23:28.:23:31.

has troubled of course is that people find it impossible to get to

:23:32.:23:34.

see their GP. But as well as the shocking failings of this family's

:23:35.:23:39.

GP is in this case, is it not the case that the government was warned

:23:40.:23:43.

when it abolished the popular and successful NHS Direct of the

:23:44.:23:48.

consequences of that action, of replacing it with a non-clinician

:23:49.:23:51.

led service? And would the Secretary of State look personally at the

:23:52.:23:55.

performance of 111 in the south-west, which has been

:23:56.:23:59.

bedevilled by failings ever since it was set up? I would just gently say

:24:00.:24:05.

to the right honourable gentleman that when 111 was set up, it was

:24:06.:24:10.

done with the support of the opposition. The Shadow Health

:24:11.:24:12.

Secretary at the time actually looked at the risk register. And the

:24:13.:24:18.

number of calls have increased grammatically partly because demand

:24:19.:24:21.

for NHS services has increased dramatically. But that does not mean

:24:22.:24:25.

to say there are not important things which need to be improved. I

:24:26.:24:29.

think we need to look honestly at what went wrong. 111 was one of the

:24:30.:24:33.

four areas where we should have done better. I am happy to look carefully

:24:34.:24:39.

at what is happening with 111 in the south-west of one thing we are

:24:40.:24:42.

improving with one want one is, in many areas, we are integrating the

:24:43.:24:47.

commissioning of 111 with the bill and service. That is actually

:24:48.:24:51.

something which happens in the south-west and I think on the whole

:24:52.:24:54.

it has been positive. But I am happy to look at the problems which I know

:24:55.:25:00.

have occurred in the south-west. Can I associate myself with the

:25:01.:25:03.

condolences which have been paid to the Mead family? Given the

:25:04.:25:06.

seriousness of this case, what more can Secretary of State do to

:25:07.:25:09.

reassure us about the clinical and expert oversight of the service and

:25:10.:25:19.

its methods? All 111 services have clinicians present at call centres.

:25:20.:25:24.

It is not about the availability of clinicians, it is about the speed

:25:25.:25:27.

with which they are involved in cases where they can make the

:25:28.:25:31.

difference. It is also about the training of those clinicians so that

:25:32.:25:34.

they can recognise horrible infections like sepsis quickly. So

:25:35.:25:40.

it is a combination of things. I think the important opportunity here

:25:41.:25:47.

is that if we are to give the public confidence in a simpler system,

:25:48.:25:49.

where they have a single point of contact, albeit a phone line or a

:25:50.:25:54.

website, then they need to be confident that if they are not

:25:55.:25:57.

immediately speaking to someone clinically trained, they will be put

:25:58.:26:00.

through to someone clinically trained if it is necessary. We have

:26:01.:26:04.

not earned that confidence yet which is why it is so important to learn

:26:05.:26:12.

lessons from this tragic case. I was the minister who set up NHS Direct.

:26:13.:26:17.

One of the first cases where we had to review it was a case of

:26:18.:26:21.

meningitis. Can I therefore say to the Secretary of State that just

:26:22.:26:23.

looking at algorithms with call handlers will not be sufficient? It

:26:24.:26:28.

is clinically exceptionally difficult and his review is too

:26:29.:26:35.

limited to address the problem. I understand what she is saying. Of

:26:36.:26:38.

course I would listen to her because of her experience. But that is not

:26:39.:26:43.

just what we are doing. We are doing lots of other things. There are many

:26:44.:26:47.

recommendations in this report. One of them is to look at the algorithms

:26:48.:26:51.

that the call handlers use to make sure that they are more sensitive to

:26:52.:26:55.

some of the red flag signs of sepsis and meningitis and other conditions.

:26:56.:27:00.

But there are lots of other things, including earlier access to

:27:01.:27:03.

clinicians, including the training of those clinicians, including the

:27:04.:27:10.

out of hours service, the training of GPs and people in hospitals. So

:27:11.:27:15.

there is a much bigger body of work which we will be undertaking as a

:27:16.:27:16.

result of this review. Can I welcome him in the out of

:27:17.:27:34.

hours service continuation? Could ease their word about what he's

:27:35.:27:39.

doing to recruit, obtain and support GPs in providing round-the-clock air

:27:40.:27:44.

that people clearly need? I have said before at this dispatch box, I

:27:45.:27:51.

think successive governments have underinvested in general practices,

:27:52.:27:55.

one of the reasons why it takes to long for many people to get a GP

:27:56.:27:59.

appointment. That is why we have said we want around 5000 more

:28:00.:28:03.

doctors working in general practice by the end of the parliament. On the

:28:04.:28:08.

other side, it is improving our offer to the public. When you have a

:28:09.:28:14.

child with a temperature are fever, and you are not sure, it is the

:28:15.:28:18.

weekend. Very often we offer the public a choice between an out of

:28:19.:28:23.

hours GP appointment, a weekend appointment with your GP's surgery,

:28:24.:28:29.

111, all showing up at accident and emergency. If we have to improve

:28:30.:28:34.

standards of care, we need to standardise safety standards across

:28:35.:28:40.

the NHS, including standards for spotting attentional sepsis cases.

:28:41.:28:51.

The shadow secretary of health commented about concerns of

:28:52.:28:58.

effectiveness for call handlers of the 111 service. How many cases from

:28:59.:29:06.

111 have been misdiagnosed? We don't know. But we believe, in terms of

:29:07.:29:13.

the independent case notes analysis that has been done across the NHS,

:29:14.:29:18.

not just sepsis, but hospital deaths, we think there are 200

:29:19.:29:23.

avoidable deaths each week. That is something we share with other health

:29:24.:29:28.

systems, not just an NHS for Norman. That is why we are asking hospitals

:29:29.:29:34.

to publish what they estimate their avoidable deaths are, and we are

:29:35.:29:36.

having in international summit next month. When it comes to sepsis, we

:29:37.:29:42.

think there are 12,000 avoidable deaths each year. That is a

:29:43.:29:46.

combination of different parts of the NHS, GP, hospital, or 111 not

:29:47.:29:52.

spotting those signs earlier. That is what we are determined to put

:29:53.:30:01.

right. Looking across the NHS, at how we insured learning and

:30:02.:30:05.

behaviour change, can the Secretary of State update the House about how

:30:06.:30:11.

the payment system is altering, and we are ensuring better outcomes and

:30:12.:30:16.

diagnosis? We are doing that as far as hospitals are concerned. I should

:30:17.:30:21.

clarify, when I took about 200 avoidable deaths, that is hospital

:30:22.:30:25.

deaths. Not in relation to the 111 service. Much harder to quantify

:30:26.:30:30.

avoidable deaths in the out-of-hospital scenarios. We are

:30:31.:30:35.

determined to do that, going further and faster than any other country I

:30:36.:30:42.

am aware of, as part of our commitment to make the NHS the Sega

:30:43.:30:46.

system in the world. In his answer he said this report is far reaching

:30:47.:30:51.

with national implications. It should have been a statement, not an

:30:52.:30:55.

urgent question. Can I just ask him, he did not answer the question on

:30:56.:31:01.

the number of misdiagnosis only 111 system. He needs to give us more

:31:02.:31:06.

detail how many misdiagnosis there are. There are reports that there

:31:07.:31:14.

are other deaths of young children associated with these deaths. Can he

:31:15.:31:20.

give any formation on that? What I would say to the honourable

:31:21.:31:23.

gentleman, I did think anyone could have done more than this and has

:31:24.:31:26.

done to tackle the issue of avoidable deaths across the NHS. It

:31:27.:31:32.

is much harder to identify when a death is unavoidable when it happens

:31:33.:31:37.

in and out of hospital scenario. As part of our work in reducing

:31:38.:31:42.

avoidable deaths after mid Staffordshire, we are looking at

:31:43.:31:47.

primary care generally. Our first priority is to reduce the avoidable

:31:48.:31:50.

deaths in hospital, making sure we can learn from reports like this,

:31:51.:31:54.

when they point to improvements that need to be made in the 111 service.

:31:55.:32:02.

I join in with the condolences expressed in the House. By way of

:32:03.:32:08.

tribute to the family and their campaign to raise awareness of

:32:09.:32:12.

sepsis, and the Simpsons, I wonder if each and every parent can take

:32:13.:32:17.

the small and practical step to day, to Google the symptoms of sepsis, so

:32:18.:32:23.

we know when things are not right with our children, and we are better

:32:24.:32:28.

armed to tackle doctors when we're not getting the answers we need? I

:32:29.:32:43.

did exactly that this morning after hearing Mrs Mead's statement on the

:32:44.:32:48.

radio. Can I thank her for that important intervention. If we're

:32:49.:32:51.

going to with these 1000 tragic sepsis deaths in children each year,

:32:52.:32:58.

it needs involvement from all of us, not the NHS. I will look at what

:32:59.:33:04.

Public Health England are doing to raise awareness. The public Health

:33:05.:33:08.

Minister is looking at what health visitors can do to boost awareness

:33:09.:33:13.

of sepsis. We'll have a responsibility to understand the

:33:14.:33:18.

better. Last November, I contacted the minister because of south-east

:33:19.:33:25.

coast ambulance 111 service carried out a trial, but three poor

:33:26.:33:29.

governance it failed, putting patients at risk. It turned out his

:33:30.:33:37.

department only heard about this after my contact. As part of the

:33:38.:33:40.

statement, is it true that the garment is becoming reactive, and is

:33:41.:33:44.

not proactive enough to tackle these before they become statement in the

:33:45.:33:52.

House? Not at all, I would urge members in the house opposite not to

:33:53.:33:58.

try and make political capital when tragedies like this happen. In the

:33:59.:34:03.

wake of the Francis Report into mid Staffordshire, we have done more

:34:04.:34:06.

than any government has ever done to tackle the issue of how we improve

:34:07.:34:12.

the safety of care in the NHS. We know that if you take the four most

:34:13.:34:19.

common harms, you're in every tract infections, pressure ulcers, and

:34:20.:34:23.

falls, the number of these has fallen by 45% in the last three-year

:34:24.:34:28.

is. -- you're in every tract infections. We are never taken

:34:29.:34:35.

placement, that is why we are taking so seriously the report issued

:34:36.:34:43.

today. This is a tragic case. Our thoughts are today with the Mead

:34:44.:34:50.

family. Looking to describe antibiotics payday key part in this

:34:51.:34:56.

tragedy. Does the Secretary of State agree this is a significant global

:34:57.:35:00.

problem, and we need to commit significant investment to get? I'm

:35:01.:35:04.

very grateful to my honourable friend for raising the issue, which

:35:05.:35:08.

has not been raised so far this afternoon. He is absolutely right,

:35:09.:35:14.

we have a pressing global need to reduce the prescribing of

:35:15.:35:20.

inappropriate antibiotics. That is why the training of clinicians is so

:35:21.:35:24.

important. In the case of sepsis, not only is the prescribing of

:35:25.:35:29.

antibiotics appropriate, but it is essential to do it quickly. We

:35:30.:35:36.

absolutely need to make sure, as we trained GPs, to reduce the

:35:37.:35:39.

prescribing of antibiotics, we don't develop the resistance to

:35:40.:35:42.

antibiotics which would be so disastrous for global health. That

:35:43.:35:47.

they don't avoid doing that in cases where it is absolutely essential.

:35:48.:35:55.

The Health Secretary said the NHS 111 was a victim of its own success.

:35:56.:35:59.

Can I agree with my right honourable friend for Exeter, it is so

:36:00.:36:03.

difficult to see a doctor, just as on the 2nd of January, the Daily

:36:04.:36:10.

Mail was reporting that the Royal Infirmary with telling people not to

:36:11.:36:16.

come to accident and emergency, but use 111. Cases like this have

:36:17.:36:21.

national implications, with the secretary agree that there need to

:36:22.:36:27.

be more clinicians at NHS 111? I do agree with her that we need more

:36:28.:36:33.

clinicians and primary health care and we need to increase provisions

:36:34.:36:38.

and secondary health care. She has a new accident and emergency system

:36:39.:36:46.

opening in Hull. But we need more clinicians and primary care to deal

:36:47.:36:51.

with these issues more quickly, to deal with issues like sepsis. That

:36:52.:36:55.

is why the garment is investing ?10 million more in the NHS on an annual

:36:56.:37:00.

basis in real terms in order to step up the improvement in the services

:37:01.:37:09.

we offer. Will he put a higher proportion of clinicians in 111? We

:37:10.:37:15.

will certainly look at whether we need to have more clinicians in 111.

:37:16.:37:21.

We do have them available. My own view is it is the separation of the

:37:22.:37:26.

out-of-hours services and the 111 service which is the heart of the

:37:27.:37:29.

problem we are looking to deal with there. As part of the review we will

:37:30.:37:32.

look at the availability of clinicians in 111. I too would like

:37:33.:37:41.

to add my condolences to the Mead family. I can only imagine after

:37:42.:37:45.

being told not to worry and this was nothing serious, this was a

:37:46.:37:48.

catalogue of failures, not just 111. catalogue of failures, not just 111.

:37:49.:37:52.

Is there consideration of the decision by GPs not to take

:37:53.:37:57.

William's heart rate, that should not have happened. And reluctance

:37:58.:38:04.

not to refer young patients to the clinic centre. If that is the case,

:38:05.:38:09.

the behaviour needs to be changed? We are looking at all these things,

:38:10.:38:14.

I can assure you. As with the issue of the prescribing antibiotics,

:38:15.:38:20.

raised by my honourable friend, we want GPs to avoid inappropriate

:38:21.:38:23.

referrals to secondary care, but it is absolutely vital that when a

:38:24.:38:29.

referral is needed, it happens. We see this not just in cases of

:38:30.:38:34.

sepsis, but cancer, vital it is caught earlier, if were going to

:38:35.:38:37.

have successful outcomes of the treatment. He is absolutely right,

:38:38.:38:45.

it will be looked at. I commend the Shadow Secretary of State for

:38:46.:38:48.

securing this urgent question. Earlier the Secretary of State said

:38:49.:38:53.

he felt that the public have confidence in 111, because of the

:38:54.:38:56.

pie call volumes, and they have increased. I don't think that is the

:38:57.:39:02.

case. Confidence in 111 is shaky at best. This case could well shatter

:39:03.:39:07.

that confidence even further. Unlike the confidence we felt when we had

:39:08.:39:14.

NHS Direct. What is he going to do to make sure that, as well as

:39:15.:39:21.

listening to people, he will involve patients in determining what they

:39:22.:39:25.

need in 111, to give back the confidence, which we need to have

:39:26.:39:29.

two avoid the pressure on the rest of the service? She is right, the

:39:30.:39:37.

importance of involving patients when we have these tragedies. I did

:39:38.:39:42.

say in my response to the urgent question, how grateful I was to the

:39:43.:39:49.

Mead family in their cooperation. One of the things the report talks

:39:50.:39:53.

about is early involvement, and listening to parents and families in

:39:54.:39:56.

these kind of situations, that has been important. I would caution for

:39:57.:40:02.

about dismissing the service offered by 111 in a blanket way. There are

:40:03.:40:08.

lots of people, clinicians, call handlers, who worked extremely hard,

:40:09.:40:12.

dealing with about 1 million calls a month. The vast majority of those

:40:13.:40:18.

cases have satisfactory outcomes. Does that mean there are not

:40:19.:40:21.

significant improvements that we need to make to the service? No, it

:40:22.:40:26.

does not, and we must do things better and learn the lessons from

:40:27.:40:30.

this report. My thoughts are also with the Mead family today. The

:40:31.:40:36.

diagnosis of conditions, including sepsis, must be carried out with

:40:37.:40:39.

those with the highest level of clinical skills. Can the 111 system

:40:40.:40:48.

be put back into the hands of highly trained clinicians? Those trained to

:40:49.:40:57.

diagnose, instead of non-staff? Mr Speaker, I think that is a

:40:58.:41:00.

misrepresentation of what happens with 111, because there are

:41:01.:41:04.

clinicians in every call centre. There are not physically enough

:41:05.:41:08.

doctors and nurses to have them answering every single call, and the

:41:09.:41:15.

device from the clinicians in the NHS responsible for the 111 service

:41:16.:41:19.

is that it would not be appropriate. What matters, if you are doing the

:41:20.:41:23.

triage you talk about, when a clinician needs to be involved, they

:41:24.:41:27.

involve more quickly than happened in the current case. That is the

:41:28.:41:31.

lesson this government is determined to learn. Point of order. Thank you

:41:32.:41:43.

very much, I was alarmed during questions, to see the honourable

:41:44.:41:46.

member for Cheltenham, dissenting from a quote I prescribed in the

:41:47.:41:52.

Justice select committee. I understand why, the quote was

:41:53.:41:56.

correct, but it was a different honourable member. Having known the

:41:57.:42:01.

honourable member for Cheltenham, I'm anxious to correct the error,

:42:02.:42:07.

noting it shows that his independence of thought, that I

:42:08.:42:09.

couldn't credited him with the question, and his magnanimity that

:42:10.:42:16.

he trusted me to set the record straight. It is very good to know

:42:17.:42:21.

that the honourable gentleman has been gracious, and he has been

:42:22.:42:22.

willing to admit to error. I would be grateful for your advice

:42:23.:42:43.

on how we can determine the governments policy on a sensitive

:42:44.:42:47.

issue. Following the flooding, I wrote to the Prime Minister asking

:42:48.:42:50.

him to apply for funding from a European fund. Applications for this

:42:51.:42:55.

fund must be made within 12 weeks of the flooding taking place. I also

:42:56.:43:00.

wrote to the Foreign Commonwealth Office asking if they would make it

:43:01.:43:05.

their policy to apply for funding. The Foreign Office replied they

:43:06.:43:09.

would not be able to apply in time. On the 20th of January I received an

:43:10.:43:15.

answer from the FCO, telling me it was not their responsibility. More

:43:16.:43:19.

than a month to tell me it was not their responsibility. On the same

:43:20.:43:27.

day I received a letter from DEFRA, so why would the Prime Minister

:43:28.:43:31.

transfer my correspondence to a department which does not have

:43:32.:43:35.

responsibility for the matter? Since my ritual correspondence, six weeks

:43:36.:43:40.

have passed, and many of my constituents are again flooding

:43:41.:43:43.

today. We are coming closer and closer to the deadline. It might

:43:44.:43:48.

even appear that the government was trying to delay until it became too

:43:49.:43:54.

late to apply for assistance. But how can a member of this House apply

:43:55.:43:58.

for government policy if the government will not tell us what it

:43:59.:44:03.

is, or if they do not have one? I think the honourable gentleman for

:44:04.:44:05.

his point of order and forgiving me notice of it. It appears that the

:44:06.:44:10.

honourable member has received a most unsatisfactory response from

:44:11.:44:14.

the weather to his question and his correspondence on a matter which is

:44:15.:44:17.

clearly of urgent interest to his constituents. While it is for the

:44:18.:44:22.

government to decide which department has lead responsibility

:44:23.:44:27.

for a matter, it is clearly important to Parliamentary scrutiny

:44:28.:44:29.

and public accountability that government is clear and consistent

:44:30.:44:35.

on where responsibility lies. What the honourable gentleman has said

:44:36.:44:38.

will have been heard on the Treasury benches and will I trust... Be

:44:39.:44:47.

conveyed to the relevant ministers. If the honourable gentleman wishes

:44:48.:44:52.

to pursue the specific matter of the unsatisfactory response to his

:44:53.:44:55.

Parliamentary question, he may wish to write to the Chair of the

:44:56.:44:59.

procedure committee, the honourable gentleman the member for Broxbourne,

:45:00.:45:03.

because his committee monitors these important matters. I hope that that

:45:04.:45:08.

will serve the honourable gentleman for now and be a useful guide to

:45:09.:45:12.

members across the House. Point of order. Mr Speaker, this is a point

:45:13.:45:18.

of order about the rights of backbenchers to be heard in this

:45:19.:45:23.

Chamber. You will know Mr Speaker that some of us are very good

:45:24.:45:26.

attenders at business questions on Thursday. Last Thursday I think the

:45:27.:45:32.

front benches took 25 minutes in terms of their contribution, which

:45:33.:45:36.

really does, I know you are very generous, but the predominance of

:45:37.:45:41.

the front bench, all three front benches, went on for a very long

:45:42.:45:45.

time. And it does squeeze the genuine backbencher. And on these

:45:46.:45:50.

benches we are genuine backbenchers, fighting all the time to get space

:45:51.:45:57.

against the frontbenchers, who are also backbenchers part-time. So if

:45:58.:46:01.

you could have a little bit of a word. I also have to say, I have

:46:02.:46:08.

never known such a nasty, acrimonious jousting between the two

:46:09.:46:11.

front benches last Thursday. Wasn't funny and it wasn't nice. I note

:46:12.:46:17.

what he says, to which I would just respond as follows. I note what he

:46:18.:46:22.

says about him never having witnessed such unpleasantness in

:46:23.:46:26.

exchanges. I have never witnessed, in nearly 19 years in the House, the

:46:27.:46:31.

honourable gentleman being squeezed by anybody. The honourable gentleman

:46:32.:46:39.

almost invariably gets in. But I do take on board the very serious point

:46:40.:46:43.

he makes. Although I don't think in the end members get squeezed if they

:46:44.:46:48.

have the time to stay, because the record shows that almost invariably,

:46:49.:46:53.

I let business questions run until everybody has had a chance to

:46:54.:46:56.

contribute, which was not always the practice in the past. I do accept

:46:57.:47:00.

that people have got time constraints and they may have to go

:47:01.:47:03.

elsewhere, including constituency and Parliamentary duties. And

:47:04.:47:10.

therefore it is quite important that they should not have to wait an

:47:11.:47:16.

excessive period of time. My own view is similar to that of the

:47:17.:47:21.

honourable gentleman - I think the frontbenchers are taking too long,

:47:22.:47:25.

and they have started to take longer recently, not only on account of the

:47:26.:47:28.

involvement of the Scottish National Party, which is a very legitimate

:47:29.:47:34.

and proper involvement, but also because, between the government

:47:35.:47:38.

front bench and the official opposition, those exchanges are

:47:39.:47:40.

taking too long. Frontbenchers have now been duly chided not just by the

:47:41.:47:48.

Chair but very importantly by an honourable member with, in May, 37

:47:49.:47:54.

years uninterrupted service in the House, namely the honourable

:47:55.:47:59.

gentleman. I hope that message will be duly heeded, starting this

:48:00.:48:03.

Thursday. And I will have the point in mind as I hear the shadow leader

:48:04.:48:07.

and the leader. I hope that is helpful. Well, it seems only

:48:08.:48:17.

yesterday that the honourable gentleman entered the House, he

:48:18.:48:21.

scarcely seems old enough to have been here for 37 years, but it is

:48:22.:48:25.

nevertheless a fact. Or it will be in May. We come now to the ten

:48:26.:48:31.

minute rule motion, Mr Gareth Thomas.

:48:32.:48:37.

I beg to move that leave be given to bring in a bill to make provision

:48:38.:48:41.

about the entitlement of employees to benefit from profits made by

:48:42.:48:45.

their employers in certain circumstances, to require a company

:48:46.:48:49.

to allocate one seat on its board to an employee representative and for

:48:50.:48:54.

connected purposes. Mr Speaker, if you work hard for a company and help

:48:55.:48:59.

it succeed and make a profit, then surely the owner should share a

:49:00.:49:02.

little of those profits with you and other employees. The best companies

:49:03.:49:07.

already do. The best companies also want their staff involved in

:49:08.:49:10.

decision-making at the highest level, using their knowledge and

:49:11.:49:12.

expertise to help plot company strategy and keep senior management

:49:13.:49:18.

on their toes. In truth, Britain has a productivity and fairness problem.

:49:19.:49:20.

Despite numerous initiatives, we are Despite numerous initiatives, we are

:49:21.:49:24.

behind our main competitors in terms of productivity whilst at the same

:49:25.:49:28.

time inequality continues to grow. Changing the way companies work, how

:49:29.:49:32.

they take key decisions and who is involved in those decisions is one

:49:33.:49:36.

essential for sorting these problems out. We lag behind the rest of the

:49:37.:49:43.

G7 and most of the G20 in how productive our economy is. For

:49:44.:49:50.

2010-14, annual average labour productivity was lower in Britain

:49:51.:49:55.

than in any other G20 or G7 country. Whilst executive pay has shot up in

:49:56.:49:58.

recent years, the incomes of the rest of the workforce have struggled

:49:59.:50:02.

to keep pace even with historically low levels of inflation. Part of the

:50:03.:50:07.

solution involves sharing a little more of the power and profits of

:50:08.:50:18.

business with staff at all levels. Companies like John Lewis share some

:50:19.:50:22.

of the profits with staff, giving the most junior staff direct

:50:23.:50:27.

incentives to work even harder, think imaginatively and go the extra

:50:28.:50:31.

mile. Employees also get to help choose the board, again giving staff

:50:32.:50:35.

direct response of the tea for selecting those at the very top

:50:36.:50:37.

whose decisions they will have to follow. This ensures the concerns of

:50:38.:50:43.

staff get heard at the top table, which is especially important as it

:50:44.:50:48.

is staff who depend especially on a stable business for their

:50:49.:50:51.

livelihood. Absent owners or disengaged shareholders may have

:50:52.:50:54.

other priorities. In countries like France and Germany, this shared

:50:55.:50:58.

capitalism is a standout feature of the business practice. Companies

:50:59.:51:03.

like dodger bank have staff on their German ward who play an important

:51:04.:51:09.

and positive role. In France, firms of 50 or more employees benefit by

:51:10.:51:12.

up to 5% of profits being shared by up to 5% of profits being shared by

:51:13.:51:16.

all staff except recent arrivals. French governments of all political

:51:17.:51:20.

persuasions have a long history of encouraging profit-sharing amongst

:51:21.:51:25.

companies. I understand laws on profit-sharing have existed for more

:51:26.:51:29.

than 50 is there, requiring a mandatory profit-sharing scheme to

:51:30.:51:34.

be negotiated with French employees. Companies in France can choose to

:51:35.:51:36.

distribute rewards either as a flat rate to employees, in proportion to

:51:37.:51:41.

wages, in proportion to hours worked in the previous year or a scheme

:51:42.:51:48.

based on a combination of those. Arguably, the prevalence of

:51:49.:51:50.

profit-sharing makes an important contribution to higher levels of

:51:51.:51:56.

French productivity. Train 2010-14, France had levels of productivity an

:51:57.:52:00.

hour almost double those in the UK. Employees on boards is the norm in

:52:01.:52:07.

many other successful countries. In Denmark, France, Finland, Norway,

:52:08.:52:11.

Sweden and Germany, at least one director is elected by the

:52:12.:52:15.

employees. In Norway, favoured by some for being outside of the

:52:16.:52:18.

European Union, once a business has 30 employees, one director has to be

:52:19.:52:24.

chosen workforce. Sweden, another key UK ally, once a company has 25

:52:25.:52:31.

employees, around a third of directors have to be workers in the

:52:32.:52:35.

business. IKEA, the staple of the British high street, has worker

:52:36.:52:40.

directors on its Swedish board. In France, companies with 1000 or more

:52:41.:52:46.

employees, or 5000 or more if worldwide, have to have at least one

:52:47.:52:51.

or two staff on the board. Third of all board members on stage and

:52:52.:52:54.

companies are elected by the staff. In Germany, the third of the

:52:55.:52:58.

supervising board in companies with 500 or more employees are staff.

:52:59.:53:03.

This rises teeny half in companies with more than 2000 employees. In

:53:04.:53:09.

this country, we have for a long time quietly been happy to endorse

:53:10.:53:13.

workers on boards, albeit so long as they are overseas businesses. EDF,

:53:14.:53:18.

France's leading nuclear energy company and in the process of being

:53:19.:53:22.

handed the keys to Hinkley Point, has a board on which one third of

:53:23.:53:25.

its members are elected by its workers. As a French company, EDF

:53:26.:53:30.

also has a profit-sharing scheme. Dodger bun, who run through their

:53:31.:53:34.

subsidiaries much of our rail network, have six board members

:53:35.:53:41.

elected by staff. English workers in these companies do not get to vote

:53:42.:53:48.

for board members. It is just German and French staff. In short, if

:53:49.:53:51.

German workers are good enough to sit on a company board, if French

:53:52.:53:56.

workers are, if Swedish workers are, isn't it time that English and

:53:57.:54:02.

British workers were given their chance,, too,? There are a number of

:54:03.:54:08.

companies working in tough markets who have demonstrated that employee

:54:09.:54:12.

directors work. John Lewis is one of those. First Group are another. Mick

:54:13.:54:19.

Barker is the employee director of first group. He has been a railway

:54:20.:54:24.

man for 39 years and is employed as a train driver for First Great

:54:25.:54:29.

Western. He serves on the board and various committees of the group.

:54:30.:54:32.

First Group encourage their operating companies to elect

:54:33.:54:37.

employee directors to boards, so that in their own words, the views

:54:38.:54:41.

and opinions of staff are represented at the very highest

:54:42.:54:45.

level. In the UK, Mr Speaker, the response to the concern about high

:54:46.:54:49.

levels of executive pay and falling workers' wages has seen some debate

:54:50.:54:53.

about broadening the mothership of remuneration committees of big

:54:54.:55:00.

companies to include staff. The Department for Business innovation

:55:01.:55:03.

and skills considered this in 2011 but sadly nothing happened. Analysis

:55:04.:55:10.

from the House of Commons library suggests that if a French style

:55:11.:55:13.

profit-sharing system was introduced in the UK, corporate household names

:55:14.:55:18.

could be allocated to their staff an extra ?500- ?1200 per year once

:55:19.:55:24.

profits have been declared. Not huge sums of money to those at the very

:55:25.:55:28.

top of those businesses, but helping to reward better the collective hard

:55:29.:55:31.

work which is required for any business to succeed. It does not add

:55:32.:55:35.

to business costs nor does it undermine pay differentials between

:55:36.:55:39.

skilled and unskilled workers, or between founder and recent

:55:40.:55:44.

employees. But it does offer an incentive to alter corporate

:55:45.:55:48.

together to support business success and achieve higher returns. And

:55:49.:55:53.

owners alike. As the IPPR have noted, if every private sector in

:55:54.:55:56.

the UK with 500 or more employees had a profit-sharing scheme, over 8

:55:57.:56:01.

million people in 3000 British firms could benefit from hundreds of

:56:02.:56:07.

pounds a year extra. Company law, Mr Speaker, in my view needs to change

:56:08.:56:11.

to reflect modern Britain. Employees' crucial stake in the

:56:12.:56:14.

success of their employer needs recognition in law. Strong

:56:15.:56:18.

businesses, better rewards for staff, higher productivity and a

:56:19.:56:23.

less unequal country. This bill is a step towards those ambitions and I

:56:24.:56:27.

commend it to the House. The question is that the honourable

:56:28.:56:30.

member have leave to bring in the bill. I think the ayes have it. Who

:56:31.:56:43.

will prepare and bring in the bill? Mr Chris Evans. Meg Hillier. Steven

:56:44.:56:46.

Reid... Mr John Woodcock and myself. Profit sharing and company

:56:47.:57:43.

governance Bill. Friday the 11th of March. Order, we come to the ways

:57:44.:57:54.

and means motion? Formally. The question is the charities protection

:57:55.:58:02.

and social investment Bill. Formally. The question is on the

:58:03.:58:11.

order paper. As many as are of the opinion, say "aye". To the contrary,

:58:12.:58:22.

"no". I think the ayes has it. The question is is only paper. As many

:58:23.:58:26.

as are of the opinion, say "aye". To the contrary, "no". I think the ayes

:58:27.:58:31.

have it. Although, I remind the have it. Although, I remind the

:58:32.:58:39.

house, that at the end of the report today, I am considering the

:58:40.:58:43.

Bill-macro as amended for certification. That's dedication is

:58:44.:58:50.

available on the Parliament website and the vote office. The clerk will

:58:51.:58:56.

now proceed to read the orders of the day.

:58:57.:59:04.

Charities protection and social investment Bill-macro, is to be

:59:05.:59:13.

considered. Border, we begin with new clause one, which will be

:59:14.:59:17.

convenient to read the amendments listed on the selection paper. To

:59:18.:59:22.

read that clause one, I call Anna Turley. It is a pleasure to be

:59:23.:59:36.

speaking here today on behalf on Her Majesty's opposition on this my

:59:37.:59:40.

first bill. We have had an excellent committee process, and other -- I

:59:41.:59:51.

welcome the opportunity to speak about the process. It is to provide

:59:52.:59:55.

a strong revelatory framework to support the charity sector and

:59:56.:00:01.

trustees. It strengthens the Charity commission's arm by giving them more

:00:02.:00:05.

powers. It is an important objective, and Juanmi support. We're

:00:06.:00:09.

clear it must have the right safeguards in place. The Charity

:00:10.:00:13.

commission is the guardian of public trust and confidence in charities.

:00:14.:00:18.

On the whole it doesn't excellent job, particularly in the context of

:00:19.:00:21.

the assault on its budget in the last six years. It is important for

:00:22.:00:26.

the integrity of the charitable sector that the commission has the

:00:27.:00:29.

tools to do its job properly. For this reason we are supportive of

:00:30.:00:34.

many of the provisions in the bill. However, as with any regulator, it

:00:35.:00:39.

is vital to insure that the powers are subject to the right safeguards.

:00:40.:00:47.

Some safeguards are lacking, and leave scope for the commission to

:00:48.:00:50.

overreach themselves. This threatens the independence of charities, the

:00:51.:00:54.

integrity of the commission, and could fundamentally change the

:00:55.:00:57.

relationship between the commission and the charity sector. Our concerns

:00:58.:01:02.

are shared by the sector, the advisers and the charity law

:01:03.:01:07.

organisation, said the powers need to be balanced by proportionate

:01:08.:01:10.

safeguards, pointing out that the new powers in the bill will apply to

:01:11.:01:18.

all charities, and the hundreds of thousands well-meaning volunteers

:01:19.:01:27.

and trustees. The Association of Chief executives of voluntary

:01:28.:01:29.

reorganisation is, the National Council for voluntary organisations

:01:30.:01:35.

have professed worries about lack of accurate safeguards will stop the

:01:36.:01:39.

committee in the House of Commons scrutinising in early draft of the

:01:40.:01:44.

bill called for safeguards to be introduced, and we called for the

:01:45.:01:50.

easing committee. The Charity commission has a statutory

:01:51.:01:51.

obligation to act proportionately. We knowledge this. Experience has

:01:52.:01:57.

shown it is sadly not enough. In a recent court case involving the

:01:58.:02:02.

commission and the Joseph Rowntree charitable trust, ludicrous time

:02:03.:02:10.

limits we impose on the commission. He said it was understood why the

:02:11.:02:14.

high-handed manner. The commission high-handed manner. The commission

:02:15.:02:18.

should have powers to do its job, but sensible limits should be

:02:19.:02:22.

imposed on how they exercise their powers. Our amendments will address

:02:23.:02:28.

this balance. She has made an excellent speech, I congratulate

:02:29.:02:32.

their run it. Those of us who work in the charitable sector, and I

:02:33.:02:35.

chair and a trustee of many charities. One of the concerns we

:02:36.:02:39.

have had for a long time is the weakness of the charities commission

:02:40.:02:44.

terrified that they case ending up terrified that they case ending up

:02:45.:02:48.

in the High Court. We really do need, and I support this bill, we

:02:49.:02:52.

need a strong commission back and do its job in the way they have not

:02:53.:02:57.

been able to do for many years. My honourable friend is absolutely

:02:58.:03:01.

right. That is why we support the bill and the powers it gives the

:03:02.:03:07.

Charity commission. He talks about the clarity and confusion which

:03:08.:03:11.

could be costly. We are keen to get some clarity on some of the grey

:03:12.:03:16.

areas and boundaries. Some of the improper balances in the bill.

:03:17.:03:19.

Importantly get this on the record while the bill is giving three

:03:20.:03:24.

process before it ends up in costly processes in court. I will speak

:03:25.:03:29.

specifically of new clause one, and elements nine, ten and 12. The bill

:03:30.:03:39.

introduces a new power for the charity Commission, which gives new

:03:40.:03:43.

powers to a trustee. The bill says the power is given where a risk on

:03:44.:03:48.

charitable aspects and services is relatively low. The new power could

:03:49.:03:51.

have a far-reaching impact on charities. The bill gives complete

:03:52.:03:56.

discretion about exercising a warning. This could have serious

:03:57.:04:00.

indications for the charity involved. The public, media and

:04:01.:04:05.

funders may not distinguish between a low-level issue giving rise to a

:04:06.:04:08.

warning and something much more severe. It is reporting we recognise

:04:09.:04:18.

this in context to high-level issues that have been in the public domain.

:04:19.:04:25.

A breach of low-level trust by a charity trustee, it is our

:04:26.:04:32.

understanding that they intend to use the low-level warning power. It

:04:33.:04:36.

is paramount for charities and charity trustees. The advert

:04:37.:04:41.

oppositely resulting from a warning could lead to a choking off of

:04:42.:04:45.

donations, grant funding, and corporate sponsorships, leading to

:04:46.:04:50.

potential redundancies and closing of services. Close two of the bill

:04:51.:04:56.

makes a change in circumstances in which the commission can take things

:04:57.:04:59.

began protected measures in relation to charities. Failure to report a

:05:00.:05:06.

breach of trust is automatically trigger to further action. This is

:05:07.:05:11.

startling for a power which is to be used in low-level cases. Our

:05:12.:05:16.

amendments address these concerns and four ways. Firstly through

:05:17.:05:26.

amendments nine and eight, it would limit the publication to a wider

:05:27.:05:30.

warning. This would ensure the charity can take the commission's

:05:31.:05:34.

concerns seriously, but would have no impact on the charity's relation.

:05:35.:05:39.

If the charity fails to comply with the warning, they can take further

:05:40.:05:42.

action at that stage which would attract other cities. Low-level

:05:43.:05:47.

concerns would not be publicised. That would ensure action is

:05:48.:05:51.

proportionate, and would not potentially fatally impact the

:05:52.:05:56.

charity for a minor error. I am extremely grateful for my honourable

:05:57.:06:00.

friend forgiving way on that point. It has been stated numerous times

:06:01.:06:03.

that the charity Commission sees itself as a partner to work with

:06:04.:06:08.

charities, wouldn't the method she is describing B1 partnership, using

:06:09.:06:14.

the expertise of the Charity Commission to improve the challenges

:06:15.:06:21.

charities face on the front line. Delivering outcome for the

:06:22.:06:28.

beneficiaries. Rather than charities as a whole and the individual

:06:29.:06:32.

charity concerned was not my honourable friend makes an extremely

:06:33.:06:37.

important point. It is clear that when it works in terms of giving

:06:38.:06:42.

guidance to charities, it is extremely effective. Particularly

:06:43.:06:46.

given the pressures on the finances, expecting it to do a wide range of

:06:47.:06:51.

enforcement in this manner, could be quite costly. My honourable friend

:06:52.:06:57.

makes an extremely potent point. Alternatively Amendment ten would

:06:58.:07:00.

allow the commission to make details of the warning public without

:07:01.:07:04.

referencing the charity itself or a trustee by name. This would allow

:07:05.:07:08.

them to publisher warning anonymously if it felt it would be

:07:09.:07:15.

giving lessons to the sector. Secondly through amendments 11 the

:07:16.:07:20.

commission would be obliged to give the charity adequate notice of its

:07:21.:07:22.

intention to give a warning. At present the bill specifies they

:07:23.:07:28.

should give notice, but there is no specified notice period. There is

:07:29.:07:31.

nothing stopping the commission giving 24 hours notice publishing a

:07:32.:07:37.

warning, which would give trustees, and any staff no time to respond.

:07:38.:07:42.

This is a real risk, in the High Court case I mentioned earlier, it

:07:43.:07:43.

is understood charity trustees were is understood charity trustees were

:07:44.:07:47.

given less than 24 hours to respond to the commission. Prompting the

:07:48.:07:53.

Lord Chief Justice to describe the time limit is ludicrous.

:07:54.:07:59.

Recommendations that reasonable notice period over a draft warning

:08:00.:08:04.

should be clear on the face of the bill. The gunmen's response accepted

:08:05.:08:07.

a recipient should have the opposite a recipient should have the opposite

:08:08.:08:19.

-- opportunity to make a response. The gunmen may argue they could be

:08:20.:08:23.

some circumstances where the commission has such serious

:08:24.:08:26.

concerns, it must act with sleep without notice. In cases like this,

:08:27.:08:29.

the commission should be exercising some of the other glittery powers

:08:30.:08:34.

designed for serious concerns, some of which may be used without advance

:08:35.:08:38.

notice. We have been told the warning power is not intended for

:08:39.:08:44.

such serious cases. We could use a small amendment to the government

:08:45.:08:48.

amendment two, the power to withdraw or bury awarding. The power

:08:49.:08:56.

minimises damage to a charity from a warning. It is right that if the

:08:57.:09:00.

warning was found to be incorrectly given, it should be publicly

:09:01.:09:05.

revoked, and any damage undone. Thirdly, and men insured is

:09:06.:09:09.

absolutely clear from the face of the bill the commission will not be

:09:10.:09:12.

able to use the warning power to direct charities. It is not

:09:13.:09:17.

appropriate for the commission to direct charity trustees at Iraq. It

:09:18.:09:22.

is clear from the Charities Act, 2011, the commission is not able to

:09:23.:09:27.

act as a trustee, except in a small number of conditions. These are

:09:28.:09:32.

rightly subject to very strict regards. The garment it agrees with

:09:33.:09:39.

this principle, in responding to the charity commission consultation,

:09:40.:09:44.

government specifically decided not to extend powers outside a formal

:09:45.:09:50.

statutory enquiry. If the commission can use their warning power to

:09:51.:09:54.

direct charities, it would be able to give directions via the back

:09:55.:09:58.

door. A fundamental shift in the delicate balance between the

:09:59.:10:00.

commission and charities, and should not be allowed. We would welcome

:10:01.:10:04.

clarification from the Minister on this point, as there seems to be

:10:05.:10:08.

confusion in the sector on this issue. It is our understanding the

:10:09.:10:13.

commission does not see the warning power is giving power to direct

:10:14.:10:17.

charities, but expanding notes to the bill seem to say the opposite.

:10:18.:10:24.

Unless it is opening in enquiry, purely on purposes on giving

:10:25.:10:28.

direction, issuing a warning could be a way of making it clear to a

:10:29.:10:31.

charity that they should take action. There was confusion over a

:10:32.:10:37.

serious issue giving rise to the High Court case, prompting the Lord

:10:38.:10:43.

Chief Justice's comments. While a warning could be used to give advice

:10:44.:10:46.

or guidance to a charity, which can be positive as my honourable friend

:10:47.:10:53.

for Hove set out. It can remedy the conduct which gives rise to a

:10:54.:10:55.

warning, but cannot be used to directly just ease -- directly

:10:56.:11:06.

trustees to take action. I have explained the consequences which the

:11:07.:11:09.

issuing of a warning is for a charity. The Charity Tribunal is a

:11:10.:11:18.

low-cost form, established in the Gyan charities chemical act.

:11:19.:11:23.

Charities affected by one and only able to challenge by judicial

:11:24.:11:27.

review. That is expensive, can be catered and time-consuming.

:11:28.:11:30.

Completing appropriate option for a mechanism intended to address

:11:31.:11:35.

low-level noncompliance. The charity tribunal was introduced precisely

:11:36.:11:38.

so, and charities would not have to rely on costly review proceedings to

:11:39.:11:44.

challenge the decision-making. There is no good reason and none was

:11:45.:11:47.

forthcoming committee as to why it should not be possible to appeal an

:11:48.:11:50.

official warning to the charity tribunal. It is logical, that the

:11:51.:11:55.

exercise of the warning power should be more difficult to challenge than

:11:56.:12:00.

the exercise of the commission's more extensive ring literary powers

:12:01.:12:02.

which can be appealed to the tribunal. It is worth me

:12:03.:12:07.

highlighting that the warning can be issued if the commission considers

:12:08.:12:10.

there has been a breach of duty, something that may well be disputed

:12:11.:12:14.

by the charity. Secondly, failure to comply to the warning can allow the

:12:15.:12:18.

commission to take more so than revelatory action. These two factors

:12:19.:12:23.

make it important for a charity to have a realistic way of challenging

:12:24.:12:25.

a warning. I come now to clause ten, the power

:12:26.:12:37.

to disqualify. The bill will give the Charity Commission a completely

:12:38.:12:40.

new power to disqualify someone from being a charity trustee. Again, we

:12:41.:12:44.

have significant concerns about the scope of this power. And we are not

:12:45.:12:50.

alone. The joint committee expressed concerns about the safeguards on

:12:51.:12:54.

this power. They said that although it appears to be robust, in fact, it

:12:55.:13:00.

is insufficiently defined and lacks clarity and sufficient safeguards.

:13:01.:13:06.

The commission is concerned to protect safeguards from unscrupulous

:13:07.:13:10.

trustees. But we have to recognise the adverse impact which

:13:11.:13:13.

disqualification might have on an individual. Our amendments would

:13:14.:13:18.

improve the power in three ways. One precondition is that the commission

:13:19.:13:21.

should be satisfied that the person concerned is unfit to be a charity

:13:22.:13:26.

trustee. The legislation includes no guidance at all as to the meaning of

:13:27.:13:31.

unfit, which leaves a considerable degree of discretion in the hands of

:13:32.:13:35.

the commission. Our amendment 14 obliges the commission to publish a

:13:36.:13:38.

definition of unfit after consultation. This will go some way

:13:39.:13:44.

to introducing objective criteria by which to assess unfitness. The

:13:45.:13:48.

commission does qualify as a person on the basis of past conduct, which

:13:49.:13:52.

it considers is likely to be damaging to public trust in

:13:53.:13:57.

charities, and our amendment number 15 makes it clear that the conduct

:13:58.:14:01.

must be both relevant and serious. Amendment 13 six to ensure that

:14:02.:14:05.

where it has been a collective failure by more than one individual,

:14:06.:14:09.

more than one person can be disqualified. This can be necessary

:14:10.:14:12.

in situations where more than one member of the board have

:14:13.:14:16.

collectively turned a blind eye to abuse or misdemeanour within a

:14:17.:14:20.

charity. In some of the sexual abuse cases which have come to light

:14:21.:14:24.

recently, there has been what can only be described as a conspiracy of

:14:25.:14:28.

silence. This amendments six to challenge that. In summary, these

:14:29.:14:38.

amendments and the new clause are intended to provide safeguards and

:14:39.:14:40.

we believe they will strengthen the original clauses, not weaken them.

:14:41.:14:52.

Otherwise we could have confusion, error, suspicion and mistrust

:14:53.:14:57.

between the sector and its regulator. A more balanced approach

:14:58.:15:01.

and the strengthening of the boundaries of the relationship will

:15:02.:15:04.

give greater confidence to both sides on how to proceed in the use

:15:05.:15:13.

of the bill's new powers. It might be helpful if I clear up one thing

:15:14.:15:19.

about the power to direct. An official warning is not the same as

:15:20.:15:22.

a direction power. There may have been some confusion with regard to

:15:23.:15:27.

the explanatory notes, which the honourable lady raised in her

:15:28.:15:31.

speech. I would be very happy to ensure there is an updating of the

:15:32.:15:35.

explanatory notes to make it absolutely clear that you cannot use

:15:36.:15:39.

the warning power to direct charities - if that is helpful. That

:15:40.:15:44.

is extremely helpful and I appreciate the minister being so

:15:45.:15:46.

quick and forthcoming with his clarity on that. I think that will

:15:47.:15:50.

give the sector a lot of reassurance on this point. I move on now to our

:15:51.:15:57.

new clauses two and three. On new clause two, this seeks to replace a

:15:58.:16:01.

clause of the bill which was put in during its processed through the

:16:02.:16:05.

Other Place but which was removed by this House. I would like to pay

:16:06.:16:09.

tribute to our noble friends in the Other Place who successfully added

:16:10.:16:12.

this close to the bill. We are finding them to be great defenders

:16:13.:16:18.

of social justice and friendless. -- fairness. This makes sure that they

:16:19.:16:24.

can adhere to their charitable aims and objectives. As we have always

:16:25.:16:32.

been clear, the clause is especially relevant to housing and aims to

:16:33.:16:35.

protect charities and housing associations when the government

:16:36.:16:39.

later mandates them to sell their property under the right to buy

:16:40.:16:43.

proposals. We on this side want those who desire to be home overs to

:16:44.:16:46.

achieve their aspiration. The number of homeowners has fallen under this

:16:47.:16:51.

government by 200,000. Under Labour, it rose by more than a million up to

:16:52.:16:57.

2010. We support that aspiration and I want to be clear on that. However,

:16:58.:17:01.

the problem this clause six to address is one of compulsion. I

:17:02.:17:07.

agree with her in what she is saying. But the level of owner

:17:08.:17:13.

occupation is actually declining because house prices have risen way

:17:14.:17:16.

beyond most people's ability to afford them. Is it not really the

:17:17.:17:22.

problem that decent, social rented housing, they should need to be

:17:23.:17:26.

keeping all of it in the public sector now to make sure that we can

:17:27.:17:29.

house people properly? My honourable friend makes an extremely important

:17:30.:17:36.

point. The real crisis is in social housing, as he says. Purpose of this

:17:37.:17:41.

amendment is to ensure that we protect and maintain what social

:17:42.:17:45.

housing we do have and maintain it in the hands of the charitable

:17:46.:17:49.

sector and the housing associations which own it and that it is not sold

:17:50.:17:55.

off for profit. The problem this new clause six to address is one of

:17:56.:17:59.

compulsion and of the fundamental rights and the position in law of

:18:00.:18:02.

housing associations in charities. The independence of the charitable

:18:03.:18:06.

sector from government is an important strength of British civic

:18:07.:18:10.

society and it is to be cherished. We do not support the right of a

:18:11.:18:14.

government to direct a charity against its independent will and

:18:15.:18:19.

contrary to its charitable purposes and to expose its assets according

:18:20.:18:22.

to the governments desire. This is an infringement. For many housing

:18:23.:18:29.

associations it will go against the very grain of their founding

:18:30.:18:33.

purpose. Many housing associations are charities. They provide 2.5

:18:34.:18:36.

million homes for 5 million people on affordable rents. Many unable

:18:37.:18:43.

people to live independently. Others offer shared ownership for those on

:18:44.:18:48.

low incomes. These aims are in the charitable DNA of housing

:18:49.:18:51.

associations and are not for the government to tamper with. The

:18:52.:18:55.

unintended consequences of the right to buy proposals could undermine

:18:56.:18:59.

charity law which goes back for centuries. It is allowing the

:19:00.:19:04.

seizing of assets of charities and associations. These houses were

:19:05.:19:13.

often bequeathed by philanthropists and trusts. Housing associations

:19:14.:19:20.

would ideally like to build many thousands of properties, but this

:19:21.:19:23.

aim could be undermined if they are forced to sell off stock. Often

:19:24.:19:28.

housing associations can leave a finance on the basis of properties

:19:29.:19:32.

they already own. Write to Bible force housing associations to sell

:19:33.:19:36.

properties and will give them less control over these decisions and

:19:37.:19:40.

importantly it will make it more difficult for them to meet their

:19:41.:19:45.

charitable purposes. Any diminishing of housing stock could harm the

:19:46.:19:47.

housing associations' borrowing powers. As the national housing

:19:48.:19:53.

federation has said, it is key that housing associations are in full

:19:54.:19:58.

control of the assets against which they borrowed to build homes trough

:19:59.:20:02.

we on this side as well as many housing associations across the

:20:03.:20:05.

country have always said that the extension of the right to buy to

:20:06.:20:07.

housing associations is unworkable and wrong. It will lead to a severe

:20:08.:20:13.

and irreversible loss of affordable homes at a time when they could

:20:14.:20:16.

never have been more needed, because the government has no genuine plan

:20:17.:20:20.

for like-for-like replacement. And the rights to buy historically, we

:20:21.:20:24.

know that only one in ten homes which have been sold have been

:20:25.:20:32.

replaced. Even for those who support the sale of council houses and the

:20:33.:20:37.

sale of housing association houses, if the subsidy came direct from the

:20:38.:20:43.

Treasury, it would be very different from making the local authorities

:20:44.:20:46.

and housing associations pay for the subsidy out of their assets. My

:20:47.:20:49.

honourable friend is absolutely right. It has been apparent

:20:50.:20:53.

throughout the bill that there has been a black hole in the plans to

:20:54.:20:57.

fund this proposal. There are currently 2 million people on

:20:58.:21:00.

waiting lists due to the dearth of homes with affordable rents. Our new

:21:01.:21:04.

clause which protects housing associations from being compelled to

:21:05.:21:08.

sell phones will prevent the further reduction of this supply of homes.

:21:09.:21:13.

Many homes are rapidly rented out why private landlords at a full

:21:14.:21:17.

market rent, serving to drive up market prices and increased poverty

:21:18.:21:24.

through hacking costs -- through housing costs. This would go against

:21:25.:21:28.

the charitable objectives of most housing associations. We are

:21:29.:21:33.

concerned that the Government wants to interfere with the duties of

:21:34.:21:36.

charity trustees to put their beneficiaries first and to comply

:21:37.:21:38.

with their fundamental charitable purposes trough housing

:21:39.:21:44.

associations, already part take in right to buy options for tenants

:21:45.:21:47.

where it accords with charitable objectives. The problem arises where

:21:48.:21:54.

it conflicts with them. It is not acceptable that the duties of trusts

:21:55.:21:58.

can be overridden by the government. That is what our clause seeks to

:21:59.:22:02.

protect. I come now to our new clause three. This will enshrine the

:22:03.:22:06.

right of charities to undertake political campaigning activity. We

:22:07.:22:09.

are clear that this is a direct attempt to challenge the unfair and

:22:10.:22:15.

poorly applied transparency of lobbying trade union administration

:22:16.:22:18.

at 2014, known commonly as the gagging act. Come paining is an

:22:19.:22:21.

important part of democracy and civil society. A fundamental

:22:22.:22:26.

principle of a thriving democracy is that individuals and organisations

:22:27.:22:29.

can speak out about the issues they care about. In relation to new

:22:30.:22:36.

clause two, she has made the case about the ancient rights of

:22:37.:22:40.

charities. She will also be well aware that the ancient walls around

:22:41.:22:43.

charities going back 400 years to the time of James the first was very

:22:44.:22:46.

much that charities should not involve themselves in politics. It

:22:47.:22:54.

seems rather perverse that she talks about ancient charitable rights and

:22:55.:22:58.

is happy to run roughshod over them in new clause three. On the

:22:59.:23:02.

contrary, I think it is the gagging act which ran roughshod over the

:23:03.:23:05.

historic rights in the charity sector to defend and campaign on

:23:06.:23:09.

causes which it is fundamentally there to tackle. I am extremely

:23:10.:23:15.

grateful. She is making incredibly powerful points. Also, it is about

:23:16.:23:21.

freedom of speech for everyone, every Tasers and organisation in

:23:22.:23:25.

this country. But it is also about making sure that those who are

:23:26.:23:29.

disempowered, individuals and communities who lacked a voice, have

:23:30.:23:34.

advocates who can speak unencumbered as humanly possible, and speak with

:23:35.:23:39.

a ferocity which those who lack a voice deserving our society. My

:23:40.:23:42.

honourable friend is absolutely right and pays tribute to those

:23:43.:23:46.

charities who do some of the most important work for the most excluded

:23:47.:23:49.

and those who need a voice and who are often those who suffer the

:23:50.:23:53.

consequences of bad policy-making in This Place. And it is charities who

:23:54.:23:56.

are often picking up the pieces of that policy-making. I am slightly

:23:57.:24:01.

mystified by some of these comments about so-called political activity.

:24:02.:24:06.

What we are talking about is basic advocacy. You only have to go back

:24:07.:24:10.

to the end of the First World War, you're talking about the Royal

:24:11.:24:13.

British Legion campaigning for jobs for veterans and things like that.

:24:14.:24:16.

We're not talking about party political campaigning. This is what

:24:17.:24:21.

the voluntary sector objected to in this act. My honourable friend is

:24:22.:24:25.

absolutely right. As she has just ably demonstrated, charities have a

:24:26.:24:30.

long established role in educating, informing the public, campaigning

:24:31.:24:32.

and securing positive social change throughout our history. Would the

:24:33.:24:39.

honourable lady not agree that charities can already make

:24:40.:24:43.

representations? They make representations to us as members of

:24:44.:24:46.

This Place. One big thing about a charity is that they have a special

:24:47.:24:51.

ethos, and that drives the work and activities that they do. And

:24:52.:24:56.

therefore I cannot understand why we seek to support this new clause. I

:24:57.:25:01.

think the honourable lady for that intervention, but it has been quite

:25:02.:25:03.

clear from the charitable sector that they felt that legislation

:25:04.:25:07.

stopped them from being able to pursue exactly the kind of claims

:25:08.:25:11.

she set out. We in this House will share many things in common with the

:25:12.:25:15.

charitable sector, not least trying to build a better society. It is

:25:16.:25:18.

absolutely right that we work together in partnership to build

:25:19.:25:22.

better policy-making and to try to shape the kind of society that she

:25:23.:25:26.

cares about. This has not come out of thin air. We are reacting to a

:25:27.:25:33.

very bad piece of legislation which the sector feels extremely strongly

:25:34.:25:35.

about and we want to continue to protect. I am grateful. I think part

:25:36.:25:44.

of the problem in this debate has concerned the word political. Prior

:25:45.:25:47.

to the introduction of the gagging law, there was no provision for

:25:48.:25:51.

charities to engage in party political activity in favour of

:25:52.:25:56.

political parties. And CC nine, the Charity Commission guidance document

:25:57.:25:58.

on campaigning for charities has always been clear about this. So

:25:59.:26:02.

what problem does she think the government was trying to solve when

:26:03.:26:05.

they introduced the gagging law? Because I cannot see one. I think my

:26:06.:26:08.

honourable friend is absolutely right. I think this ia a problem of

:26:09.:26:12.

a government which feels challenged and from the outside was happy to

:26:13.:26:15.

talk about coming in and being the most transparent, ever, once in

:26:16.:26:20.

power, pulls up the drawbridge and is nervous of the challenge it faces

:26:21.:26:23.

from this sector on key issues like badgers and bedroom tax. I thank the

:26:24.:26:29.

honourable lady. No-one likes scrutiny. We are very happy to have

:26:30.:26:34.

bodies that want to engage themselves in political lobbying.

:26:35.:26:38.

But they should not be charities. There are certain benefits, tax and

:26:39.:26:40.

other benefits, which go to charities. Bodies which wish to be

:26:41.:26:46.

political, party political, biased advocates, are perfectly able to do

:26:47.:26:50.

that. They can do that as companies or other corporations. The point is

:26:51.:26:53.

that the charitable sector brings with it a whole range of benefits,

:26:54.:26:57.

not least in taxation terms, which should not be abused for party

:26:58.:27:02.

political purposes. Would my honourable friend not agree with me

:27:03.:27:05.

then that it is a better use of taxpayers' money if a charity is

:27:06.:27:08.

picking up the pieces on something like disease, cancer, that it uses

:27:09.:27:13.

that money to lobby for better investment in research and

:27:14.:27:15.

development, if that is a better use? The only example, sorry to go

:27:16.:27:24.

through again arguments which were herding committee, but the only

:27:25.:27:26.

example which was given in the committee stage of a so-called

:27:27.:27:31.

chilling effect, or a charity which was prohibited from doing activities

:27:32.:27:34.

thanked to the so-called gagging law, was a Badger Trust. This was an

:27:35.:27:40.

organisation which was exquisitely party political. The CEO sent out an

:27:41.:27:45.

e-mail using the charity's e-mail system to all of its members, who

:27:46.:27:49.

may have any affiliation or none, saying that he had contributed to

:27:50.:27:54.

the Labour Party rural manifesto, it was wonderful, they should turn up

:27:55.:27:57.

at the launch of the manifesto, they should take heart in an anti-Cameron

:27:58.:28:01.

Reilly and presumably they should vote Labour. The honourable lady

:28:02.:28:06.

said that she supported that kind of behaviour, which was illegal. Surely

:28:07.:28:09.

we can all agree on all sides that that kind of behaviour is wrong, and

:28:10.:28:13.

her amendment should be defeated, because it would give the green

:28:14.:28:15.

light to that sort of extremely negative behaviour.

:28:16.:28:21.

I am surprised the honourable member has a problem with negative

:28:22.:28:28.

behaviour. It is a fact of life. I struggle to see what was wrong with

:28:29.:28:31.

that situation and I am happy to continue the conversation with the

:28:32.:28:36.

Charity commission. The honourable member saying that was the only

:28:37.:28:40.

evidence given. More than 160 charities signed a letter to the

:28:41.:28:45.

government saying legislation should be scrapped, including Save the

:28:46.:28:48.

Children, Salvation Army, Amnesty International. The charity sector is

:28:49.:28:55.

up in arms. I am grateful to my honourable friend. The problem

:28:56.:29:00.

people have is they didn't like the idea of dodgy lobbyists giving money

:29:01.:29:05.

to dodgy politicians. It wasn't about victimising groups like the

:29:06.:29:11.

Salvation Army. If he heard what the countryside Alliance said that the

:29:12.:29:15.

all-party Parliamentary group on charities and what they thought of

:29:16.:29:18.

the gagging act, it is a wide variety of groups. She makes an

:29:19.:29:22.

important point about the strength of feeling. I share the same

:29:23.:29:30.

concerns. Does the honourable member agree this gagging act, this new

:29:31.:29:37.

clause three would limit the Scottish Parliament, the Welsh

:29:38.:29:41.

assembly and the Northern Ireland assembly which was led at the Church

:29:42.:29:46.

of Scotland, registered charity itself. He makes an important point

:29:47.:29:57.

and I thank him. I will make some progress, if I may because I am

:29:58.:30:00.

conscious that there are many members who want to speak. Charity

:30:01.:30:04.

should not only have the right to campaign but they are best placed to

:30:05.:30:10.

provide important insights to improve policy-making. They are on

:30:11.:30:15.

the front line, seemed the gaps in supervision, inefficiencies and

:30:16.:30:19.

waste and spot the best ways of solving or preventing problems. Many

:30:20.:30:22.

charities can often make a big impact with the bigger resources

:30:23.:30:26.

through campaigning than to service delivery. Campaigning often saves

:30:27.:30:38.

taxpayers money. For example, as I mentioned, it is good to help care

:30:39.:30:42.

for patients with long-term conditions such as cancer. Merry

:30:43.:30:46.

charities do fantastic work. But is it better to push for better

:30:47.:30:55.

symptoms to awareness. Charities must... I will give way. I fear

:30:56.:31:04.

people's hard earned money they donate will be spent on political

:31:05.:31:09.

campaigning rather than the initial cause they donated for, such as true

:31:10.:31:13.

medical research. That is why this new clause three is flawed. I am

:31:14.:31:19.

surprised the honourable lady presumes to know what people think

:31:20.:31:26.

when they donate money. Many charities are aware of the high

:31:27.:31:30.

profile campaigning they do and that is to be commended. Many people

:31:31.:31:35.

support the powerful voice they have in the community. There are many

:31:36.:31:43.

people who would support those charities, and of course they can. I

:31:44.:31:49.

am grateful for his support. Charities have set up their

:31:50.:31:52.

concerns, including the fact the transparency of lobbying, and

:31:53.:32:01.

concern day-to-day activities of legitimate charities and voluntary

:32:02.:32:04.

organisations engaging with public policy would record by the rules and

:32:05.:32:06.

the number of organisations and groups with the affected. They felt

:32:07.:32:13.

the act was complex and unclear and it would be difficult for charities

:32:14.:32:16.

and other voluntary groups to understand whether any of the

:32:17.:32:20.

activities of the court, giving rise to a risk of discouraging

:32:21.:32:23.

campaigning activity. They felt it gave substantial discretion to the

:32:24.:32:28.

electoral commission creating burdensome regime leaving some

:32:29.:32:34.

charities, voluntary organisations and the electoral commission, open

:32:35.:32:40.

to legal challenge. It has been suggested the rules are so complex

:32:41.:32:43.

and unclear they are likely to have a chilling effect on the freedom of

:32:44.:32:49.

expression putting small organisations and the trustees and

:32:50.:32:51.

directors in fear of criminal penalty if they speak out. The act

:32:52.:32:59.

did stop charities from campaigning. It caused unnecessary cost and

:33:00.:33:04.

confusion. According to a report which looked at it effect on last

:33:05.:33:11.

year's General A Levels, the commission found that charities are

:33:12.:33:19.

faced with confusion over ambiguity. The commission says the many

:33:20.:33:23.

activities aimed at raising awareness and generating discussion

:33:24.:33:27.

ahead of the election when not to have taken place. A representative

:33:28.:33:30.

of the wildlife wildlife front of the commission that the act has

:33:31.:33:35.

created caution in parts of the sector and western times explaining

:33:36.:33:41.

it to trustees and stuff. It is not a piece of legislation we need.

:33:42.:33:44.

Greenpeace said it intended to participate in across nb -- NGO

:33:45.:33:52.

campaign but organisations ended up not participating leaving Greenpeace

:33:53.:33:55.

without enough partners to run the campaign. The Salvation Army said

:33:56.:33:59.

although it was traditionally not a campaigning charity and not in

:34:00.:34:01.

danger of exceeding the limit on it was wary of supporting causes that

:34:02.:34:05.

could be considered coalition campaigning because they felt the

:34:06.:34:08.

administrative cost would be excessive. The commission also found

:34:09.:34:17.

voluntary groups undertaking government contracts remain threats

:34:18.:34:20.

to remain silent and keep government policies. Many dead letter to keep

:34:21.:34:26.

out -- speak out for fear of inviting other unwelcome sanctions.

:34:27.:34:32.

The lobbying legislation looks to many in the sector too much like

:34:33.:34:35.

another deliberate and shameless act by a government too scared to debate

:34:36.:34:38.

the record be open to scrutiny and challenge. The health of our

:34:39.:34:43.

democracy depends on the right to campaign on issues people care

:34:44.:34:47.

about. Lobbying act was an attack on our democracy, limit the rights of

:34:48.:34:52.

the charities who for causes. It is a left expert organisations to have

:34:53.:34:56.

a vital contribution to public debate is unsure whether they are

:34:57.:34:59.

allowed to speak out. We seek the right to protect these charities to

:35:00.:35:03.

have a right to speak in our democracy and I commend this clause

:35:04.:35:08.

to the House. New clause, appeals and applications to the tribunal.

:35:09.:35:13.

The question is a new clause one B read a second time. Thank you very

:35:14.:35:18.

much. I congratulate the honourable lady, if this was her first speech

:35:19.:35:25.

from the dispatch box in a report stage of a bill. She

:35:26.:36:46.

I visited 65 of the 145 prisons and secure training units through

:36:47.:36:53.

England and Wales. It became apparent to me, it was not a new

:36:54.:37:00.

idea, others had discovered this before. I discovered that one of the

:37:01.:37:06.

things that contributed to the high levels of reoffending among those

:37:07.:37:11.

people sent to prison and coming out again, particularly youngsters, is

:37:12.:37:16.

that they do not have a job, they don't have somewhere settled to

:37:17.:37:22.

stay, and they have, to put it loosely, relationship problems. If

:37:23.:37:30.

you can do anything to help people sustained strong and stable

:37:31.:37:32.

relationships with their family and partners, fine then somewhere stable

:37:33.:37:36.

to stay and live, help them get training or work, then the chances

:37:37.:37:50.

are that they will not reoffend and get back to prison. The discovery I

:37:51.:37:59.

went on from 2005 or so, until I was appointed Shadow Attorney General in

:38:00.:38:05.

2009, I wrote a paper called prisons with a purpose, which the current

:38:06.:38:13.

circuit area for justice -- which the current Secretary of State for

:38:14.:38:18.

Justice, I hope is picking up many of the ideas that I and my right

:38:19.:38:24.

honourable friend, the member for Arendell, pushed forward in

:38:25.:38:28.

opposition. It is not a surprise that I have become attached to the

:38:29.:38:35.

Prison Reform Trust, and Unlocked. What I want to do, in moving my

:38:36.:38:41.

amendment, which is long and set out on page five of the amendment paper

:38:42.:38:44.

is to invite the gunmen to have a little think about the

:38:45.:38:50.

disqualification, all way that procedure that applies to people

:38:51.:38:55.

with criminal records. Either insofar as they may be trustees of

:38:56.:39:00.

charities, which have an interest in looking after ex-offenders, all in

:39:01.:39:06.

so far as it relates to the employment of people with criminal

:39:07.:39:09.

records by those charities. The purpose of this amendment is to

:39:10.:40:06.

require the Secretary of State to put forward a report on the

:40:07.:40:09.

disqualification of framework of people with chronic records who are

:40:10.:40:13.

trustees are employed by charities, charities that work with an employee

:40:14.:40:18.

ex-offenders. That is to say, clause nine of the bill, as it is Hans,

:40:19.:40:24.

comes into force. What I am intending to do, is to urge the

:40:25.:40:27.

government to provide us with further clarification of the impact

:40:28.:40:32.

of the extension of the disqualification framework, of

:40:33.:40:36.

people with criminal records, charities that employ ex-offenders.

:40:37.:40:40.

It provides an opportunity for the Minister to outline in more detail

:40:41.:40:47.

how he and his Department intends to conduct the reviewing process, to

:40:48.:40:49.

ensure that people with cruel records who are charity trustees or

:40:50.:40:57.

who are seeking or intending to seek employment or trusteeship in a

:40:58.:41:00.

charity are not unfairly discriminated against. Clause nine

:41:01.:41:07.

of the bill, and the policy behind it, is entirely worthy, and

:41:08.:41:12.

understandable. We clearly do not want people engaged in terrorism

:41:13.:41:19.

using charities to move money around or in gauging their venous

:41:20.:41:32.

behaviour. -- or engaging in heinous behaviour. If one looks at clause

:41:33.:41:46.

nine, for example, will we can see someone who comes within part one of

:41:47.:41:50.

the terrorist asset freezing act of 2010, or the Al-Qaeda asset freezing

:41:51.:41:56.

regulations of 2011, one only has to read part of sub-clause five of the

:41:57.:42:01.

bill, to realise they are not people we want involved in charities. That

:42:02.:42:08.

is not a problem. What I am concerned about is the unintended

:42:09.:42:13.

consequence of this perfectly understandable and worthwhile

:42:14.:42:22.

clause. A number of the revisions of clause nine are direct threat to

:42:23.:42:27.

charities who employ people with criminal records. Many of those who

:42:28.:42:33.

include people in cruel records, and at the heart of the voluntary

:42:34.:42:38.

sector, is the principal of working with service users, rather than

:42:39.:42:42.

doing things to them. An old cliche, the government should do things for

:42:43.:42:46.

people rather to them. Legislation should allow charities to do things

:42:47.:42:54.

for people, rather to them. I hope that with a bit of time, and further

:42:55.:42:59.

thought and discussion with the charities that I am interested in,

:43:00.:43:03.

and others as well, the gunmen can come up with a plan which does not

:43:04.:43:11.

have consequences. This is particularly important, with people

:43:12.:43:13.

in the criminal trusted system. Perhaps more so than running any

:43:14.:43:21.

other aspect of charitable work. Any unnecessary barriers to recruitment

:43:22.:43:27.

of people is very likely to be a threat to the core mission of that

:43:28.:43:36.

sector. Unlock, the charity which I am the patron of, and the Prison

:43:37.:43:42.

Reform Trust, which I am a trustee of, and other charities in the

:43:43.:43:46.

sector, submitted evidence to the public bill committee, and concerns

:43:47.:43:51.

were raised by honourable members in the committee stage of the bill.

:43:52.:43:56.

During the debate my right honourable friend, the member for

:43:57.:44:00.

Ridley East concerned that charities would be given latest of 6-12 months

:44:01.:44:05.

before the new provisions in clause nine came into force will stop the

:44:06.:44:14.

-- came into force. The Charity Commission would conduct reform.

:44:15.:44:20.

They would not be given any additional resources when it came to

:44:21.:44:24.

waiver application and the application of the reform framework.

:44:25.:44:29.

The experience of charities in this area public policy, that is to say

:44:30.:44:36.

of the existing waiver process, and based on the fact that no additional

:44:37.:44:42.

resource will be provided to the Charity Commission they are

:44:43.:44:46.

concerned that six months is not enough time to prepare themselves

:44:47.:44:51.

for the new framework. If my honourable friend the Minister gives

:44:52.:44:55.

me some sort of indication in the winding up of the debate, if at

:44:56.:45:03.

least ten months could be the time frame, that the B assistance to me.

:45:04.:45:14.

Six months is not even enough for the Charity Commission itself to

:45:15.:45:18.

conduct a thorough review. All the issue waivers to existing trustees

:45:19.:45:25.

and employees who qualify under section 181 of the charities act of

:45:26.:45:31.

2011. People having to resign as a consequence, having to work to an

:45:32.:45:37.

unrealistic timescale. At the very least they would urge the government

:45:38.:45:46.

to apply a minimum 12 months for the Charity Commission to conduct a full

:45:47.:45:50.

review of the waiver process. I know that 6-12 months is a very different

:45:51.:45:56.

figure from 12 months and more, but I think in the circumstances that my

:45:57.:46:01.

honourable friend for the city of Westminster and London mentioned,

:46:02.:46:08.

the 400 years old history of charities law, going back to

:46:09.:46:14.

Elizabeth I, the active 1462, he is the expert? I think we both know

:46:15.:46:27.

more about Roman law then trust law, but I believe it was 1602. And the

:46:28.:46:32.

time of James the first when charitable heads came into play. Not

:46:33.:46:36.

unimportant, there has been a lot of radical change recently, which has

:46:37.:46:40.

upset the very essence of what charities should be about. As my

:46:41.:46:44.

honourable friend pointed out earlier on. Clearly I need to take

:46:45.:46:51.

my honourable friend along with me, particularly when I'm speaking at

:46:52.:46:56.

the Conservative Club, just the chap they want to hear from. To return to

:46:57.:47:04.

the serious point we are discussing, a longer period of, to enable the

:47:05.:47:12.

charity world and the commission, and the government itself to work

:47:13.:47:17.

out how best to move forward with these clause nine provisions, would

:47:18.:47:24.

be to the vantage of all. Enabling us to get rid of any glitches, to

:47:25.:47:33.

the cap for any traps lying for the unwary. My honourable friend was

:47:34.:47:42.

very kind, he met me on Tuesday, the 19th of January, if that was a

:47:43.:47:52.

Tuesday, that is when he met me. In his Department, with his officials.

:47:53.:47:58.

Came across to me, he was in listening mode. That the government

:47:59.:48:06.

is very likely to move towards me to some extent. If they do, that would

:48:07.:48:12.

be very helpful. If he was the saviours in this House, the be very

:48:13.:48:16.

helpful, allowing me to do as I promised, not to move my amendment,

:48:17.:48:25.

to try to produce clarity and better legislation. If we can do that in

:48:26.:48:28.

partnership together, everybody I Could very briefly just touch upon

:48:29.:48:43.

a number of subclauses in my amendment. There are 11 areas which

:48:44.:48:51.

are specified in the amendment I have put forward. And I appreciate

:48:52.:48:58.

the government has put forward its own amendment three, which to some,

:48:59.:49:03.

but limited extent, alleviates some of the concerns I had. To be honest

:49:04.:49:10.

to my honourable friend, the minister, the government will have

:49:11.:49:14.

to go further than amendment three if all of the concerns that the

:49:15.:49:20.

charities that I speak for or have some connection with, are not to

:49:21.:49:27.

have the worries continued. The sub-clause deals with the first

:49:28.:49:31.

problem area, that's to say the number of people employed by

:49:32.:49:35.

charities will be affected by the extension of disqualification

:49:36.:49:37.

framework to cover senior management. For reasons of time

:49:38.:49:43.

only, I will not set out extensively, the argument that

:49:44.:49:56.

I do urge the government to do a little bit of work to see how many

:49:57.:50:13.

people employed by charities will be affected by the extension of

:50:14.:50:19.

disqualification framework, insofar as it relates to senior management

:50:20.:50:27.

positions. Similarly, sub-clause B, the number of employees who will be

:50:28.:50:30.

affected by the extension of the list. Lees, will the government have

:50:31.:50:36.

think about this and see it is not just a whinge from a trustee of the

:50:37.:50:41.

Prison Reform Trust, but it is an issue that needs to be thought about

:50:42.:50:47.

and the impact of the clause nine provisions need to be considered, in

:50:48.:50:52.

cooperation with the charities, in cooperation with the Charity

:50:53.:50:56.

commission, so we get it right for the long-term. I will give one

:50:57.:51:01.

example in relation to sub-clause B, which relates to a glitch caused by

:51:02.:51:15.

a failure, an unwitting failure to consider the rehabilitation of

:51:16.:51:21.

offenders act 1974, as reformed in 2014. Under the 2014 amendment, to

:51:22.:51:32.

the 1974 act, rehabilitation for convicted persons was reduced. I

:51:33.:51:39.

will give you the example of an individual convicted of sexual

:51:40.:51:43.

assault and sentenced to three years in prison. Assuming the individual

:51:44.:51:47.

doesn't reoffend, the conviction will be spent seven years after the

:51:48.:51:50.

end of the sentence. However, they will remain subject to the

:51:51.:51:55.

notification requirements indefinitely with a right to review

:51:56.:52:01.

after 15 years. Under the proposals of the bill as currently drafted,

:52:02.:52:06.

that individual would be automatically disqualified for being

:52:07.:52:12.

a trustee for 15 15 years and potentially for the rest of their

:52:13.:52:19.

life. But under the 1974 act, if they remain conviction free for a

:52:20.:52:23.

defined period of time, they are legally recognised as being

:52:24.:52:27.

rehabilitated. It is a discrete example where the government and the

:52:28.:52:31.

Charity commission and the charity sector needs to get together to see

:52:32.:52:36.

how best to move forward. Sadly, the impact of the new disqualification

:52:37.:52:42.

who intend to speak employment in the charitable sector including the

:52:43.:52:49.

recruitment and rehabilitation resettlement. I made this point in

:52:50.:52:55.

General at the outset of my remarks. The one thing we need to concentrate

:52:56.:53:03.

on, as people interested is to get people back to work and get people

:53:04.:53:06.

into work. Many people in prison have never been to work, equivalent

:53:07.:53:12.

to get them back to work or into work we need to reduce the barriers

:53:13.:53:16.

for them sensibly we can. The fourth point is the impact of the new

:53:17.:53:22.

framework on offenders currently employed in the charitable sector.

:53:23.:53:29.

It is the same point, but a different shade, if you like, of the

:53:30.:53:42.

point in sub-clause C. Sub-clause E deals with former offenders running

:53:43.:53:55.

organisations. Under the Coalition Government in the last Parliament,

:53:56.:54:01.

rehabilitation companies have been set up and they are contracting with

:54:02.:54:06.

charities to deliver rehabilitation and Bashan services. It would be a

:54:07.:54:13.

pity if the good policy behind that were undermined by making it much

:54:14.:54:20.

more difficult for ex-offenders to work with more recent offenders in

:54:21.:54:28.

order to rehabilitate them. So collectively we need to think very

:54:29.:54:37.

carefully about that. Sub-clause F deals with the process the section

:54:38.:54:44.

181 of the charities act. In the last six years, the Charity

:54:45.:55:03.

commission only processed six waiver applications and the government

:55:04.:55:11.

suggested it shows ineffective in granting waivers. This fails to

:55:12.:55:15.

recognise the low number of waiver applications compared with trusty

:55:16.:55:17.

applications and the number of people with unspent convictions. I

:55:18.:55:28.

hope this becomes clear to the government. The charities I speak

:55:29.:55:32.

for and the Charity commission and the administered need to sit round

:55:33.:55:39.

the table and talk about how best to deal with that and six to 12 months

:55:40.:55:42.

isn't long enough for that to be achieved. Sub-clause G deals with

:55:43.:55:49.

the number of applications of waivers to the Charity commission.

:55:50.:55:52.

It must follow the extent of disqualification framework is highly

:55:53.:55:56.

unlikely to increase the number of waiver applications. Not just as a

:55:57.:56:01.

result of the extensions, but as a result of increased awareness of the

:56:02.:56:05.

framework that will flow from the production guide and general

:56:06.:56:09.

awareness rating. The government has not provided any assessment of a

:56:10.:56:13.

likely increase in waiver applications as a result of the

:56:14.:56:18.

application to the disqualification framework. More troubling is the

:56:19.:56:22.

government has also confirmed through the Minister, no additional

:56:23.:56:28.

resources will be provided to administer the waiver application

:56:29.:56:31.

process. So it will slow down and become more sporadic. I have not,

:56:32.:56:37.

but let's discuss it and ensure we iron out that problem in advance.

:56:38.:56:45.

Sub-clause H deals with how the working group set up by the Charity

:56:46.:56:51.

commission on the waiver processable because to tutored. How it will be

:56:52.:56:55.

resourced, the timelines it is working to, intended output and how

:56:56.:57:01.

it all work in consultation with people criminal records and

:57:02.:57:06.

charities that do with people like ex-offenders. Unlock has received a

:57:07.:57:10.

contact from the charity commission from the internal working group.

:57:11.:57:14.

Specific details of the nature of the remain unclear.

:57:15.:57:22.

We would be grateful for further clarification from the government

:57:23.:57:29.

hoped the review will be resourced with timelines and so on. As I said

:57:30.:57:31.

before at the very least we would before at the very least we would

:57:32.:57:35.

urge the government to guarantee more than 12 months notice from the

:57:36.:57:41.

charities to be able to prepare themselves for the new framework.

:57:42.:57:46.

Little I deals with the criteria the Little I deals with the criteria the

:57:47.:57:51.

Charity commission will adopt in view of the trustees are the charity

:57:52.:57:57.

concerned. As I understand that their direct experience in the

:57:58.:58:01.

support they have provided to other organisations shows that process to

:58:02.:58:09.

be inadequate. To ensure that the processes they and chance band --

:58:10.:58:17.

that the process is fair and transparent, weight it should be

:58:18.:58:20.

given to the trustees of the charity concerned and this is something that

:58:21.:58:24.

I am sure can be sorted out around the table by the Minister and his

:58:25.:58:32.

officials and his interlocutors. J deals with how the waiver process

:58:33.:58:42.

while operate in regard to senior candidates and make sure that

:58:43.:58:49.

offenders do not suffer discrimination through delays while

:58:50.:58:58.

the process of waivers is under way. Currently the backlog of the

:58:59.:59:02.

enhanced disclosure and similar applications being processed at the

:59:03.:59:08.

Metropolitan Police leads to an average turnaround time of 75 days

:59:09.:59:13.

which means that people applying for jobs who have criminal records or

:59:14.:59:20.

have spent criminal records, are suffering a form of indirect

:59:21.:59:23.

dissemination as a consequence of these delays. So again another point

:59:24.:59:28.

where we only to sit around and work out how to solve the problem. And

:59:29.:59:35.

finally sub-clause K, the impact of the new disco station for the back

:59:36.:59:42.

framework -- the new disqualification framework. People

:59:43.:59:49.

interested in public policy are some speeds of any argument given to

:59:50.:59:55.

money. -- at some stage of any argument. The charities act pinched

:59:56.:00:02.

for money and certainly the applicants for trusty ships are jobs

:00:03.:00:05.

in senior management within the charities are unlikely unless there

:00:06.:00:12.

highly successful ex-offenders are unlikely to have the money. We need

:00:13.:00:18.

to work out how we make this a efficient and economic as possible.

:00:19.:00:23.

There we have it. I apologise for detaining the House for as long as I

:00:24.:00:30.

have. I think it is very important that epidemic of the concerns of the

:00:31.:00:33.

charities involved in the criminal justice sector dealing with reform

:00:34.:00:38.

and rehabilitation of offenders. To use this opportunity can buy the

:00:39.:00:43.

government through the Minister to extend the consultation at least 12

:00:44.:00:54.

months and to invite him to have further meetings with the charities

:00:55.:00:56.

concerned so that these glitches can be ironed out. I should finally say

:00:57.:01:01.

that Mr William Shawcross, the chairman of the charities

:01:02.:01:06.

commission, very kindly telephone me yesterday and offered the hand of

:01:07.:01:11.

friendship and make him and his staff available to me and those for

:01:12.:01:16.

whom I speak today. So there are avenues we can look at. The Minister

:01:17.:01:21.

has already been very open and Mr Shawcross has now been very open to

:01:22.:01:25.

me so I do hope in the spirit of cooperation the Minister will be

:01:26.:01:30.

able to give me which enable me to go back to Unlock and go back to the

:01:31.:01:35.

prison reform service and so this is a listing government and are

:01:36.:01:38.

thinking government who once introduced legislation which works

:01:39.:01:41.

for the and we can collectively designed for the public benefit. I'm

:01:42.:01:49.

grateful for the opportunity to speak in the debate this afternoon

:01:50.:01:54.

and to reaffirm some of the concerns that were expressed during the Bill

:01:55.:01:58.

committee. I still do not believe these concerns have been addressed

:01:59.:02:02.

but these amendments put forward by my honourable friend, the member for

:02:03.:02:07.

Redcar, certainly would address. I have had a long association with a

:02:08.:02:11.

number of different charities, both in a professional context as a

:02:12.:02:16.

member of staff, as a volunteer, and as a donor, whether that is regular

:02:17.:02:23.

standing order or money in the ten. Going back to some of the comments

:02:24.:02:26.

were made earlier on in this debate, I think people do know you're

:02:27.:02:30.

setting up to when they are supporting charities, whether it is

:02:31.:02:33.

their campaigning effectiveness of the charity other direct work they

:02:34.:02:36.

do with beneficiaries. I think we ought to use the opportunity of this

:02:37.:02:40.

bill to also preach a bid to the remarkable work that our large and

:02:41.:02:45.

diverse voluntary sector does, from the very largest of charities to the

:02:46.:02:50.

very smallest of charities and in my constituency of Ilford North we see

:02:51.:02:56.

a variety of Barnardo to smaller branches such as the Barkingside

:02:57.:03:03.

branch of the Royal British Legion such as the charities such as Hopes

:03:04.:03:07.

and can my dreams which was set up by volunteers to help children with

:03:08.:03:10.

life-threatening life limiting conditions to enjoy experiences that

:03:11.:03:16.

would enrich their lives at a particularly difficult moment for

:03:17.:03:21.

them and further families. These are remarkable people doing remarkable

:03:22.:03:25.

work and it is a source of disappointment to me that the

:03:26.:03:30.

voluntary sector often ends up particularly in recent times in the

:03:31.:03:32.

headlines for the wrong reasons for what I would describe as the

:03:33.:03:39.

misdemeanours of the few, however large and significant they may

:03:40.:03:42.

occasionally be. That also the unnecessary condemnation of far too

:03:43.:03:47.

many. That does seem to be some intemperate language used by members

:03:48.:03:50.

of the size and others through the pages of the media to bash at

:03:51.:03:55.

charity sector in this country which I think does a remarkable amount of

:03:56.:03:59.

good and should be cherished and celebrated rather than derided and

:04:00.:04:04.

denigrated. I am concerned as my honourable friend set out in her

:04:05.:04:12.

speech for the opposition that the warnings mechanism which provided

:04:13.:04:15.

for in this legislation does not carry right of appeal. I know from

:04:16.:04:20.

my own point of view is a former Chief Executive charity that by

:04:21.:04:23.

fiver to receive a warning on the Charity commission for any aspect of

:04:24.:04:25.

our work it is something I would take very seriously and I would

:04:26.:04:30.

expect trustees to take very seriously and yet we hear from the

:04:31.:04:35.

committee stage in the report stage debate today that the Charity

:04:36.:04:40.

commission May issue warnings for what are relatively minor, I even

:04:41.:04:49.

hesitate to use the word, fences, are infringing sins of guidance is.

:04:50.:04:59.

-- infringements of guidance is. We do expect charities to hold up the

:05:00.:05:06.

letter of the lot but that is also I do not think we should be slapping

:05:07.:05:11.

warnings and charities for falling short of best practice with a more

:05:12.:05:14.

informal warning might end up with a better outcome. I'm also

:05:15.:05:17.

particularly welcoming the new clause which deals with the disposal

:05:18.:05:24.

of assets in the committee stage of the bill we talked about the origins

:05:25.:05:31.

of some of the government was my proposals around what might be

:05:32.:05:40.

described as disposal of assets that we would talk about seizure of

:05:41.:05:44.

assets particularly regarding the government proposals around housing

:05:45.:05:47.

associations and the right to buy. I'm happy we have reached a stage in

:05:48.:05:50.

the housing debate where housing associations and the government have

:05:51.:05:54.

been able to move forward on the basis of agreement. But I do not

:05:55.:05:59.

think we should be in any doubt whatsoever about how the government

:06:00.:06:03.

reach that position and it was not through negotiation are evidence

:06:04.:06:06.

based admin. It was through threats and bullying and cajoling of Housing

:06:07.:06:13.

associations. There was the threat of that if they did not comply with

:06:14.:06:20.

the comical right by, the government would simply legislate for it and

:06:21.:06:23.

that would go against their very essence of the act we referred to

:06:24.:06:31.

earlier, the charitable uses act. It was in 1601. I would not people to

:06:32.:06:39.

review the record and find that they were inadvertently misled on this

:06:40.:06:45.

issue. I certainly will give way to the Right honourable gentleman. What

:06:46.:06:59.

kind invitation and worthy Conservative majority -- whether

:07:00.:07:07.

Conservative majority different in market Harborough I would be happy

:07:08.:07:15.

to visit. Going back to the charitable uses act of 1601 there

:07:16.:07:21.

has been long history of bequests and nations legacies given to

:07:22.:07:25.

charities really ought to be given to the use that the donor intended.

:07:26.:07:31.

And I think what my honourable friend sets out in the new clause

:07:32.:07:35.

certainly would give people the confidence that they can donate to

:07:36.:07:41.

charities or make requested charities knowing full well that

:07:42.:07:45.

independent charities would not be compelled to use disposable assets

:07:46.:07:49.

in a way which is inconsistent with the charitable purposes and so I

:07:50.:07:53.

strongly endorse the new clause to and I am back to see my honourable

:07:54.:07:57.

friend is aborted before was for discussion this afternoon. The final

:07:58.:08:01.

area I really wanted to focus on is this issue of campaigning which I

:08:02.:08:07.

feel very strongly about as someone who has been the charity campaigner

:08:08.:08:13.

both professionally and voluntary contribution to the work of

:08:14.:08:17.

charities. As I said in the intervention when I intervened on my

:08:18.:08:23.

honourable friend, the member for Redcar, I'm still at a loss to

:08:24.:08:27.

understand the problem that the gagging law was trying to solve.

:08:28.:08:31.

Charity commission guidance as was been clear that you cannot campaign

:08:32.:08:38.

for party political purposes or as certainly use charitable funds of

:08:39.:08:41.

party political campaigning and so it would be completely unlawful for

:08:42.:08:45.

the charity to see around the general election, we completely

:08:46.:08:52.

disagree with the Conservative Party policy on X and their father would

:08:53.:08:55.

encourage you to vote for one of the other parties are to say that the

:08:56.:09:01.

Labour Party policy on why is inconsistent with the views of the

:09:02.:09:04.

charity and therefore you should thought for another political party.

:09:05.:09:09.

What has always been perfectly in order, and I would argue desirable,

:09:10.:09:15.

is for charities to be an effective voice for civil society. And to make

:09:16.:09:19.

sure that when policy is up for debate, with a jury deliberations on

:09:20.:09:25.

the size one of the double parliaments and assemblies, our

:09:26.:09:27.

local authorities up another country, that they are able to

:09:28.:09:31.

gather their wisdom and experience, the evidence based at the gallery

:09:32.:09:36.

through desk research or omission research and more often than not

:09:37.:09:39.

that direct experience of working with the beneficiaries, and make

:09:40.:09:43.

sure the decision-makers are well-informed. I think that is a

:09:44.:09:47.

real benefit to our democracy. I'm afraid that the cries we have heard

:09:48.:09:53.

from the benches opposite, this is not had a chilling effect, this is

:09:54.:10:03.

simply untrue and unfounded. Where the Conservative Party is usually

:10:04.:10:06.

found in this chamber adding against red tape, the gagging order sad and

:10:07.:10:09.

in the opposite effect and I'm aware of charities back to the last

:10:10.:10:14.

general election where the campaigners and finance officers

:10:15.:10:17.

were sad that the spreadsheet is trying to calculate whether

:10:18.:10:20.

something would be a constituency spend a national spend, whether our

:10:21.:10:23.

collaboration with other charity partners would be workable within

:10:24.:10:27.

the law, where spending would be apportioned. I'm afraid that the

:10:28.:10:33.

provisions of the gagging law have brought real burdens, unnecessary

:10:34.:10:36.

burdens for charities. People are concerned about her charities are

:10:37.:10:39.

spending their money, they should will be concerned about the amount

:10:40.:10:43.

of time and money the charities might spend complying with

:10:44.:10:47.

unnecessary government regulation than the should ever be regulated

:10:48.:10:51.

concerned about for the charities ascending briefings -- ascending

:10:52.:11:01.

briefings to government. -- are sending. It does stick in the throat

:11:02.:11:08.

that lots of members of Parliament are very happy at their party

:11:09.:11:12.

political conferences are out of the constituencies to turn up for the

:11:13.:11:15.

photo opportunities with the guide dogs and the children at a local

:11:16.:11:22.

youth club or an animal rights charity and going along and seeing

:11:23.:11:25.

all the great work they do initial press release and join them the

:11:26.:11:29.

photographs but when the charity 's comeback to talk about the impact of

:11:30.:11:33.

their voting record or public policy that they have supported or might

:11:34.:11:38.

consider supporting, sadly this is considered a huge inconvenience or

:11:39.:11:44.

even worse, people would argue that this is a legal. I think the gagging

:11:45.:11:53.

law has had a chilling effect and has generated red tape and I think

:11:54.:11:57.

we should be honest about the fact that this lot which was passed under

:11:58.:12:02.

a Coalition Government with the Liberals and government was designed

:12:03.:12:07.

to serve the interests of the Liberal party and they were

:12:08.:12:15.

concerned that enough of them -- and none of them are here, that it is

:12:16.:12:22.

disappointing and the Liberal Democrat party, because many of

:12:23.:12:25.

their MPs had been silly enough to sign up to a pledge and then break

:12:26.:12:29.

it on the issue of tuition fees, were then worried there would be

:12:30.:12:32.

accountability at the subsequent election.

:12:33.:12:49.

As one of the Parliamentary candidates who campaigned on that

:12:50.:12:53.

issue, we are capable of doing that ourselves. It was a legitimate thing

:12:54.:12:59.

for student unions to approach the last general election and talk about

:13:00.:13:03.

the policy platforms parties put on offer, but also the record of the

:13:04.:13:08.

incumbent. Sometimes the laws we pass in this place tend to be more

:13:09.:13:13.

self-serving than serving the public interest and I think the voluntary

:13:14.:13:19.

sector has a powerful role to play in speaking up, not just for the

:13:20.:13:23.

broad set of beneficiaries the volunteer sector served, but

:13:24.:13:29.

thinking about the character of the volunteer sector in the United

:13:30.:13:32.

Kingdom, it is important those charities work with some of the most

:13:33.:13:37.

marginalised and disadvantaged in our society, have the freedom and

:13:38.:13:43.

encouragement to speak up for the beneficiaries. Because, it is the

:13:44.:13:45.

case and we see it sometimes in our surgeries, on the campaign trail,

:13:46.:13:54.

the hustings, and the corridors of this place, that they are not filled

:13:55.:13:58.

with the people who have the most to gain or lose in the change in public

:13:59.:14:05.

policy. Often people suffering from homelessness, drug abuse, abject

:14:06.:14:09.

policy, child abuse or other forms of abuse or ill-health, they are not

:14:10.:14:13.

the people with either the freedom of the funding to make their voices

:14:14.:14:18.

heard in this place as they should. That is why those charities who work

:14:19.:14:21.

with those people, have such a powerful role to play to create a

:14:22.:14:26.

more civilised politics in a more civilised country. For that reason I

:14:27.:14:30.

think the power to make representations in new clause three,

:14:31.:14:35.

provides absolute clarity with charities, and we encourage. I will

:14:36.:14:43.

certainly be supporting it. But in closing, Madam Deputy Speaker, I

:14:44.:14:47.

think these are points we have made in the committee. See if the

:14:48.:14:54.

Minister this afternoon is persuaded to accept our amendments, I hope he

:14:55.:14:57.

does. But I have people who have been following this debate are in no

:14:58.:15:03.

doubt, that for all of the bad headlines the voluntary sector

:15:04.:15:06.

receives, there are a great many others in this place who cherish the

:15:07.:15:10.

work of vibrance and powerful voluntary sector does. Mark Field.

:15:11.:15:19.

Thank you, it is a pleasure to speak after the honourable gentleman from

:15:20.:15:24.

Ilford North. One thing I have in common with him is a great love of

:15:25.:15:28.

London as a whole and I love walking through London. It was only this

:15:29.:15:34.

summer I went to Barkingside for the first time. You go through the hand

:15:35.:15:44.

it becomes clear how important Barnardos was. You see the new

:15:45.:15:49.

housing development on the site, it will make a big impact with social

:15:50.:15:52.

housing and possibly private housing, I suspect, to help fund it,

:15:53.:15:58.

but nonetheless it will be an asset in the community he represents. Can

:15:59.:16:03.

I thank the honourable lady from Redcar speaking from the front

:16:04.:16:06.

bench. I remember about ten years ago I had a similar instance in

:16:07.:16:12.

opposition speaking on the National Lottery Bill. I had a set of

:16:13.:16:18.

amendments I thought the House would surely take on board. Why shouldn't

:16:19.:16:23.

try to disappoint her too early on, but I suspect she may not get her

:16:24.:16:28.

own way in the way she hopes. But both the members from the 2015

:16:29.:16:35.

intakes spoke very well. The sympathy I have the hair as a new MP

:16:36.:16:42.

getting involved in a major issue in Redcar in relation to the steel

:16:43.:16:47.

industry, we have a huge amount of 74 and having to negotiate that as a

:16:48.:16:55.

local MP, must be difficult. I have some sympathy with some of what the

:16:56.:17:02.

honourable lady said despite the fierce exchanges we had earlier on.

:17:03.:17:06.

I fear it is almost axiomatic in public life, such as organisations

:17:07.:17:12.

like the Charity commission set up and granted burgeoning budgets and

:17:13.:17:18.

stuffing, they see the mission is expanding the Empire of influence.

:17:19.:17:23.

This bill has been an example of the operation of such tactics. Problems

:17:24.:17:27.

have been identified that have been addressed and largely solved either

:17:28.:17:32.

passion, commitment and the graft of volunteers, quietly and often

:17:33.:17:37.

formally and unpaid, working in their communities. An example, the

:17:38.:17:43.

extent of local charitable activities of these independent

:17:44.:17:48.

schools have been transformed over the past decade. Rather than

:17:49.:17:53.

welcoming, heralding and trumpeting the success of the big society,

:17:54.:17:56.

which is what I think this represents, we risk promoting big

:17:57.:18:01.

bureaucracy in the shape of the Charity commission. I very much hope

:18:02.:18:06.

today that whilst we resist the amendments set out in this

:18:07.:18:14.

legislation. I want to take the House on a journey. A very short

:18:15.:18:17.

journey within a stone 's throw or two... I will give way to the

:18:18.:18:24.

honourable gentleman. Does he claimed the greatest triumph of the

:18:25.:18:27.

big society was the work of its poster girl, with the kids's

:18:28.:18:39.

society? I believe it is called Kids Company. She worked with a number of

:18:40.:18:46.

politicians and there are issues that should be addressed by select

:18:47.:18:53.

Mitty is and others with what happened about that. But I would

:18:54.:18:59.

like to go on a journey to the sites in Tot Hill Street whether Harris

:19:00.:19:03.

Westminster Sixth Form centre stands. Since 2014, this academy has

:19:04.:19:10.

been a focus for substantial collaboration and cooperation with

:19:11.:19:14.

metal Westminster School, one of the older school foundations in this

:19:15.:19:18.

country, which is close at hand in Westminster Abbey. That includes the

:19:19.:19:24.

teaching of classes with small intakes in subjects such as Latin,

:19:25.:19:29.

Greek and German. For over a decade, the school have offered science

:19:30.:19:32.

outreach and summer school partnerships to several local

:19:33.:19:37.

maintained schools. As the local MP over the past 15 years, and an

:19:38.:19:42.

erstwhile president of the St Andrews youth club, the oldest youth

:19:43.:19:47.

club, which played an important role in the local community with people

:19:48.:19:52.

living in social housing and being a magnet for young boys and girls.

:19:53.:19:58.

Initially it was boys in the 1860s, but girls in more recent times, both

:19:59.:20:02.

come from the Westminster area but also from south of the river as

:20:03.:20:07.

well. I was well aware when the club lost funding from the local

:20:08.:20:10.

authority, it was Westminster School that stepped in providing cash and

:20:11.:20:18.

gym apparatus. I suspect there are scores of other local charitable

:20:19.:20:19.

organisations that could tell similar stories about the time,

:20:20.:20:25.

money and equipment donated by the local school. Charitable status

:20:26.:20:33.

rightly depends on what the charity in question is established to do.

:20:34.:20:38.

Rather than, in my view, the Charity commission's subjective analysis of

:20:39.:20:43.

public benefit. This is what I agree with some of the thrust we have seen

:20:44.:20:46.

from the other side of the House. Was we always agree charitable

:20:47.:20:55.

status confers financial benefits, the Charity commission is not the

:20:56.:20:59.

appropriate means in prescribing how independent schools and other

:21:00.:21:01.

organisations that have been referred to, should satisfy this

:21:02.:21:08.

public benefit test. It appears for party political reasons, independent

:21:09.:21:10.

schools, rather than other charitable bodies, are in the site

:21:11.:21:16.

of not just other MPs, but leading lights in the Charity commission.

:21:17.:21:22.

Surely a more sensible approach, one that would avoid any accusation of

:21:23.:21:25.

political and in particular party political bias, would it worked on

:21:26.:21:31.

some non-statutory guidance to those organisations about the anticipated

:21:32.:21:36.

nature of public benefit engagement. I think we should also recognise

:21:37.:21:40.

many independent schools do not have the capacity, or the financial

:21:41.:21:45.

resources to sponsor academies. Some lack playing fields, drama, art and

:21:46.:21:51.

music facilities that appear to be normal in private schools. There is

:21:52.:21:57.

plenty of cooperation and sharing between independence and nearby

:21:58.:22:01.

maintained schools. Healthy, informal co-operation which stands

:22:02.:22:04.

to be undermined by any proposal to define levels of contribution or

:22:05.:22:08.

extend the public benefit as we understood it in the past. It is

:22:09.:22:14.

worth stating it takes two to tango. There is little independence tools

:22:15.:22:18.

can do if the state school nearby refuses an offer to work together.

:22:19.:22:24.

It is important to place burdens of this proposed if the independent

:22:25.:22:27.

school in question doesn't have the ability to achieve the Charity

:22:28.:22:32.

Commissioner's objectives. I don't want to detain the House for too

:22:33.:22:37.

long, but it has been an interesting debate here. In truth, I share some

:22:38.:22:41.

of the concerns that have been expressed on the other side of the

:22:42.:22:44.

House that some of this legislation is purporting to solve problems many

:22:45.:22:49.

have by charitable organisations and independent schools, that they would

:22:50.:22:54.

feel they have by their own efforts, done much over the years to

:22:55.:22:59.

alleviate. Indeed, some of what is set out in this bill has worrying

:23:00.:23:03.

assumptions that underline an outdated sense of groupthink that

:23:04.:23:08.

the sets the Charity commission. Nevertheless, I hope that with its

:23:09.:23:12.

wisdom, the House will reject some of the amendments, particularly new

:23:13.:23:17.

clauses two and three, if it comes to a vote, feeling I trust my

:23:18.:23:22.

friends, the government whips will achieve the same ends. Thank you. I

:23:23.:23:32.

hope I don't keep the House the too long. I want to congratulate the

:23:33.:23:39.

member that the Cities of London and Westminster mentioning James the

:23:40.:23:44.

sixth, given the fact the only charitable organisation that still

:23:45.:23:53.

exists from his period of rain is Scotcare, based here in London and

:23:54.:23:59.

doing fantastic work. Highlights and concerns have been raised in

:24:00.:24:01.

Scotland at the possible impact that may occur due to the myriad of

:24:02.:24:07.

issues relating to the governance of charities across these islands, and

:24:08.:24:11.

I'm sure that are shared by members of Northern Ireland as well as

:24:12.:24:13.

Scotland about these concerns. Just to highlight an issue raised by the

:24:14.:24:17.

member the Cities of London and Westminster about burgeoning budgets

:24:18.:24:21.

in the Charity commission. The budget has been cut by 48% between

:24:22.:24:30.

2007 and 2015. So let's scotch that myth straightaway. Nobody should be

:24:31.:24:35.

in any date in the space of the last 18 months, the Civic Society has

:24:36.:24:40.

been rocked given the recommendations of the Everington

:24:41.:24:43.

report and this crisis of trust relationship, which has brought us

:24:44.:24:50.

to this point. The level of trusty oversight in national organisations

:24:51.:24:53.

leaves a sour taste in the mouth, not just of those in the chamber,

:24:54.:24:58.

but for those who have volunteered as trustees in the majority of

:24:59.:25:02.

charities across these islands. It is telling the organisations that

:25:03.:25:06.

have caused the most concern, so-called national charities, with

:25:07.:25:12.

well camped faces, who have been held in higher regard. More is the

:25:13.:25:17.

impact on the organisation so far investigated, Ltd. Yet the impact of

:25:18.:25:21.

the majority of small charity trustees has been profound. They

:25:22.:25:27.

find themselves labelled in the mire of mismanagement which has led us to

:25:28.:25:30.

this point. They have been sullied by the bad practice and lack of due

:25:31.:25:36.

care. Madam Deputy Speaker, while there will be those who said the

:25:37.:25:39.

small and medium-sized charitable organisations will not be impacted

:25:40.:25:44.

by this legislation, we fail to recognise the profound impact this

:25:45.:25:49.

will have on their ability to recruit, train and develop the

:25:50.:25:55.

volunteer trustees. Many members of this very chamber, Madam Deputy

:25:56.:26:02.

Speaker, our trustees themselves. I know the member for Redding East,

:26:03.:26:05.

who is no longer in her position, who noted that. Meli being an MP

:26:06.:26:13.

should not just qualify you to be an MP to default of your position. I am

:26:14.:26:27.

sure members, especially those are elected at the general election were

:26:28.:26:30.

Aston upon election if they wanted to join various charities as a

:26:31.:26:36.

trustee or director based on the predecessor having undertaken that

:26:37.:26:39.

role. This, in itself exposes from my perspective and misguided

:26:40.:26:45.

approach to trustee recruitment. Although it must be said, this

:26:46.:26:48.

approach is done by a small amount of organisations and it seems it is

:26:49.:26:54.

the larger charitable bodies that follow this approach. It is my hope

:26:55.:27:00.

that we recognise the worth and value of our civic society,

:27:01.:27:06.

especially those individual volunteers who managed charities,

:27:07.:27:10.

run services the charities and yes, even raise funds through traditional

:27:11.:27:16.

means. It was the honourable member for Ilford North who mentioned that

:27:17.:27:19.

earlier, and did so before entering this House. That we recognise those

:27:20.:27:26.

charities and we owe them an explanation on how the Civic Society

:27:27.:27:32.

has been undermined by large NGOs with substantial investment and

:27:33.:27:34.

resources who frankly should have known better. Although this

:27:35.:27:40.

legislation pertains to England and Wales only, surrounding the

:27:41.:27:48.

principal purpose has continued to undermine Civic society across these

:27:49.:27:49.

islands. has become clear to civic society in

:27:50.:28:43.

Scotland that the distinct approach would be required. In terms of

:28:44.:28:46.

fundraising. And in July of last year the Scottish council for

:28:47.:28:48.

voluntary organisations expressed concern that high-profile media

:28:49.:28:54.

reports for the feelings of UK charities could damage the strong

:28:55.:28:59.

reputation of Scotland charities. As a national intermediaries J S C all

:29:00.:29:05.

bison and for reviewing fundraising and July in parallel with the other

:29:06.:29:10.

to review this reported in September 2015 recommending that fundraising

:29:11.:29:15.

should be agreed between charities and the public and the Scottish

:29:16.:29:19.

Government with the subsequent summit held on the 26th of November

:29:20.:29:24.

last year the living and considering options. Building on the Scottish

:29:25.:29:31.

civil society led approach, Alec Neill MSP stated on the 20 4th of

:29:32.:29:36.

September 2015 the Scottish ministers would engage in a

:29:37.:29:40.

cross-party discussion on changing fundraising regulations. Therefore

:29:41.:29:47.

ensuring consensus from Parliament, the Scottish Parliament, and

:29:48.:29:49.

critically Scotland's fourth estate, civil society. Fundraising has been

:29:50.:29:56.

motivated by charities in both Scotland and England and result of

:29:57.:30:01.

the Everton review this instant introduce fundraising for England

:30:02.:30:08.

and Wales for this Parliament. As I have highlighted that the concerns

:30:09.:30:11.

with an Scottish charities could be affected with this legislation and

:30:12.:30:15.

therefore the question of the regulation fundraising Scotland

:30:16.:30:20.

remains open and the SNP benches would seek the reassurance of the

:30:21.:30:25.

Minister that Scotland will retain the ability to legislate in this

:30:26.:30:32.

area. Our Scottish Government works in a constructive collaborative way

:30:33.:30:36.

with civil society and has been praised for his work with those with

:30:37.:30:44.

disabilities and those gaining a system from refugee bodies and

:30:45.:30:47.

especially when investing over many years and local sports doctor across

:30:48.:30:53.

all 32 authorities to promote volunteering development and

:30:54.:30:56.

retention and expansion. Critically in the field of governance,

:30:57.:31:02.

trusteeship and directorship. I can only assume that given the budget

:31:03.:31:08.

cuts to the volunteer Centres and councils for everything went well

:31:09.:31:12.

have continued with an impact on opportunities to volunteer with an

:31:13.:31:17.

trusty clinic need them the most. If the government is serious about just

:31:18.:31:19.

the trip and charitable regulation it must recognise and support given

:31:20.:31:26.

by small local database charities. -- trusteeship. Fewer people

:31:27.:31:35.

volunteering for trusteeship and fewer people than eating to

:31:36.:31:41.

charities run by volunteers and few people involved in the civic life of

:31:42.:31:45.

these others. In reality the large charitable bodies who have brought

:31:46.:31:50.

about the situation have got away with it and the small and medium

:31:51.:31:54.

charitable bodies will suffer disproportionately. With that in

:31:55.:32:01.

mind, these benches will also support new clause three. This was

:32:02.:32:07.

brought by the Honourable member for Redcar and we're delighted they

:32:08.:32:10.

placing this before the House. It is in our opinion to legislate on

:32:11.:32:16.

charities that may be UK wide yet registered in England and Wales

:32:17.:32:23.

without this new clause that abilities to inform debate limits

:32:24.:32:25.

the independence of Scotland was back civic society. -- Scotland's

:32:26.:32:33.

civic society. In seeking to introduce a new model of fundraising

:32:34.:32:36.

regulation in England and Wales, I reiterate finally that Scottish

:32:37.:32:43.

Government and the national bodies of Scotland and actively considering

:32:44.:32:47.

the implications for regulations for charity fundraising in Scotland. It

:32:48.:32:51.

is right that the broad conversation as possible is held in Scotland to

:32:52.:32:56.

determine the right fundraising regulations for a distinct

:32:57.:33:01.

charitable Scottish body. With the Scottish women engaging in a

:33:02.:33:06.

cross-party discussion cross-party regulation the question of

:33:07.:33:08.

regulation of fundraising in Scotland remains open. The remains

:33:09.:33:15.

self collating or not, it is important that this House

:33:16.:33:18.

understands today that the decision that this is the bold issue -- of

:33:19.:33:23.

this devolved issue remains firmly in the hands of the Scottish

:33:24.:33:35.

Parliament. -- default issue. --Devolved. The clause seeks to

:33:36.:33:43.

alter charities that have operated in this country. By greater fool for

:33:44.:33:48.

charities I believe that we risk undermining the ability to work

:33:49.:33:51.

independently for the common good and rest are showing their standing

:33:52.:33:57.

in the eyes of the public at large. -- Fuller. I have this killing is on

:33:58.:34:08.

the need of this clause and the status quo already allows charities

:34:09.:34:16.

to lobby government in their impartial way one remaining

:34:17.:34:24.

apolitical works. I'm concerned that this new remit may have an ability

:34:25.:34:31.

on the mac -- an effect on the ability of charities to raise funds.

:34:32.:34:37.

To extend the scope of charities to allow them to campaign for against

:34:38.:34:42.

the law policy decision would inevitably incur a significant

:34:43.:34:45.

amount of additional costs which in my view would be better spent

:34:46.:34:50.

fulfilling the original aims and objectives of the charities. This

:34:51.:34:59.

should not agree with me that how the charity collector money and have

:35:00.:35:05.

a charity spends its money in order to deliver its charitable mission on

:35:06.:35:09.

behalf of its service users is of the preserve of its trustees and it

:35:10.:35:16.

is not for us to decide here such operational or moral matters and

:35:17.:35:20.

certainly not for us as individual members of Parliament to they spend

:35:21.:35:25.

their money can deliver on the charitable aims? It is up to the

:35:26.:35:31.

trustees. I understand really is coming from but I think way I

:35:32.:35:36.

interpret what the new glossary does is that it will encourage charities

:35:37.:35:41.

to go down that route and perhaps sway away from intentions, however

:35:42.:35:51.

well-meaning they may be and I think inadvertently misleading the public,

:35:52.:35:55.

not intentionally, I do admit. It is quite conceivable that we could

:35:56.:36:01.

reach a point where a large cancer charity, for instance, spends more

:36:02.:36:04.

on lobbying national and local government and it spends on

:36:05.:36:08.

investing in the research and element of new cancer drugs and I

:36:09.:36:11.

think that is really what you're trying to allude to. For me this

:36:12.:36:21.

raises an number of major issues. Firstly, the impact on donations.

:36:22.:36:27.

Charities rely heavily on public donations to fight their specific

:36:28.:36:31.

causes of issues. With the charities aid foundation recently estimating

:36:32.:36:36.

that into the 14 alone ?10.6 billion with the naked by the British public

:36:37.:36:43.

to a vast array of good causes. By politicising charities we risk

:36:44.:36:47.

donors turning away from charities whose causes support because they do

:36:48.:36:53.

not necessarily share the political agenda alignment of the charity.

:36:54.:36:57.

Secondly this clause would serve to allow larger national charities with

:36:58.:37:04.

Mozilla against resources to lobby members must place to strengthen

:37:05.:37:07.

their influence on policy and decision-making. This would be to

:37:08.:37:12.

the detriment of smaller, from local, charities, of which we all

:37:13.:37:15.

are many examples, who we further marginalised from the

:37:16.:37:18.

decision-making process because they simply could not afford to compete

:37:19.:37:23.

for a time. That is also the point. I like many others would be deeply

:37:24.:37:28.

concerned if those charities that are very much a cornerstone of our

:37:29.:37:34.

society such as the Royal British Legion, McMillan, age UK are the

:37:35.:37:39.

NSPCC to name but a few suddenly became vulnerable to infiltration

:37:40.:37:43.

from those who wanted to push a specific political agenda and use

:37:44.:37:46.

the charity to criticise or support the government of the day on running

:37:47.:37:52.

the charity as a force for good. I'm sure you would agree that we do not

:37:53.:37:56.

really need any more politicians. Yes, it is only right and proper

:37:57.:38:01.

charities play the role in our society by seeking to influence

:38:02.:38:06.

government both locally and nationally but the salsa much more

:38:07.:38:10.

to a government without widening the scope further to be out and out

:38:11.:38:16.

political campaigning or some would call it the dark arts. That is why I

:38:17.:38:20.

will be voting against this new clause this afternoon. It is a great

:38:21.:38:31.

pleasure to speak in this debate today. We often have a wonderful

:38:32.:38:35.

debates in this place about what Britishness about what our culture

:38:36.:38:40.

is about in all the rest of it. I actually think the voluntary sector

:38:41.:38:45.

must country represents the best of British, the best of English, Welsh,

:38:46.:38:51.

Scottish and Northern managed. I think we do not always say thank you

:38:52.:38:55.

as politicians but I think are starting point today is to say thank

:38:56.:39:00.

you as we consider the bill before us, to say a very big thank you to a

:39:01.:39:06.

very hard-working and diverse voluntary sector in this country. I

:39:07.:39:11.

think we also have to remember that most charities in this country are

:39:12.:39:15.

relatively small. They operate in committees and it is not our job in

:39:16.:39:20.

this place to be a pain in the net for those 900,000 plus trusty gees

:39:21.:39:29.

-- trustees of charities in this country who give of their time to

:39:30.:39:33.

make management and governance the sessions, for the charities and

:39:34.:39:37.

those many volunteers and for those people whose motivation is

:39:38.:39:41.

undoubtedly to do good in our society and in our country. However,

:39:42.:39:46.

we cannot of course forget exceptions, the horror stories.

:39:47.:39:51.

Stories like the dreadful incident of the death of Olive Cook, who

:39:52.:39:59.

appears to have been hounded by 90 charities with 460 donation letters

:40:00.:40:07.

within the course of a year. Nor can we forget the undercover Daily Mail

:40:08.:40:13.

report from the call centre from hell and what appeared to be severe

:40:14.:40:17.

malpractice in that. Nor should we forget of course the case after its

:40:18.:40:20.

company, -- Kids Company and all the abuses

:40:21.:40:39.

there which should have been dealt with by the government under its

:40:40.:40:43.

existing powers. For those of the exceptions they are nevertheless

:40:44.:40:46.

very important and it is right we are having the discussion we are

:40:47.:40:52.

having in Parliament today. I know from all sides of the House we will

:40:53.:40:58.

see in our own political traditions elements of voluntary activity and

:40:59.:41:05.

we can see, we can develop some sort of empathy from different parts of

:41:06.:41:12.

the voluntary sector. In our side, the labour movement, the

:41:13.:41:14.

co-operative movement, the working men and women's organisations and a

:41:15.:41:20.

whole range of other bodies but sold to another minister will be moved by

:41:21.:41:26.

Edmund Burke and his notion of the little platoons and I asked today he

:41:27.:41:30.

does not overburdened those well behaving little platoons in our

:41:31.:41:36.

country with red tape when it is not needed and I know that most of us

:41:37.:41:40.

would agree that whether this regulation needed generally it is a

:41:41.:41:46.

secretary is self does that best and I for one would give a welcome to

:41:47.:41:51.

the fundraising preference service which will deal with some of the

:41:52.:41:56.

totally unacceptable abuses of practice and terms of this instance.

:41:57.:42:07.

My honourable friend spoke eloquently of the safeguards

:42:08.:42:11.

required as she spoke of clause one. The power for the charity treble

:42:12.:42:19.

zero against the warning when appeal was made that morning not been

:42:20.:42:25.

public for at least 20 days after the submission of the appeal. I

:42:26.:42:27.

think that is good common sense because we're not talking about

:42:28.:42:34.

gross must contact criminal acts when that should be reported

:42:35.:42:38.

straightaway. We are talking about things that could ruin the

:42:39.:42:43.

reputation of a charity, large, medium sized or small because we

:42:44.:42:49.

will know from the wonderful report of the public administration and

:42:50.:42:54.

positional affairs committee, the 2015 charity fundraising

:42:55.:42:59.

controversy, lessons for trustees and the Charity commission and I

:43:00.:43:06.

would argue the rest of us, I would argue we know from this that the

:43:07.:43:08.

recommendations at the end make it very clear that it will be aside and

:43:09.:43:14.

in its user base available -- Assad and inescapable failure and not a

:43:15.:43:21.

success and it also makes the point of the good governance and general

:43:22.:43:25.

is about sustainability of reputation in the long term as well

:43:26.:43:30.

as finances so it is reputation that we are arguing for here and a new

:43:31.:43:33.

clause one because would be so difficult with the law as it stands

:43:34.:43:38.

at the moment for those charities to be able to undo the damage that

:43:39.:43:44.

would be dealt to it in terms of its reputation and is good standing in

:43:45.:43:50.

the community and also the very important aspect of finance.

:43:51.:44:20.

Even if you go back to the founding of charities in this country but you

:44:21.:44:27.

will see is it was not just about the release of poverty -- release

:44:28.:44:35.

from poverty but was also general charitable purposes but also the

:44:36.:44:39.

banishment of education and religion so the idea there was not a broader

:44:40.:44:44.

view in our charities of advocacy simply does not add up. I know

:44:45.:44:51.

people rightly say that advocacy should not be party political and it

:44:52.:44:55.

would be illegal for it to be but the idea that it would be a charity

:44:56.:45:07.

running particle programmes in terms of International Development would

:45:08.:45:09.

not be interested in blogging against malaria are international

:45:10.:45:15.

debt, that would be an extraordinary state of affairs. Anyone who donates

:45:16.:45:29.

to charity has that right to go straight on to see how the charity

:45:30.:45:41.

response. We want to work with the government and with the voluntary

:45:42.:45:52.

secretary is to do something sensible and not just something that

:45:53.:45:55.

we would agree with that also Mr Burke and his little platoons.

:45:56.:46:53.

When I look at this bill it is the charity 's protection Bill. It is

:46:54.:47:02.

about achieving a balance about the scrutiny and accountability of the

:47:03.:47:06.

trust and respect. Particularly in the wake of the handful of very,

:47:07.:47:16.

very sad stories that emerged during the course of last year. One has

:47:17.:47:20.

already been alluded to and that was the collapse of the Kids Company. I

:47:21.:47:29.

believe it should be proportionate and that is something I spoke about

:47:30.:47:33.

during second reading. My mind takes me back to some of those small

:47:34.:47:38.

charities in my own constituency. Rosie's Helping Hands. And the youth

:47:39.:47:46.

Theatre, which is also a charity and Saint Giles Hospice. These are

:47:47.:47:53.

charities that are led so often by the local community, by local

:47:54.:47:57.

people. Local people contribute their time, effort, energies as well

:47:58.:48:03.

as the money. And they give something back to the local

:48:04.:48:09.

community. In terms of this debate today, Madam Deputy Speaker, I

:48:10.:48:14.

wanted to speak against some of the amendments, particularly new clause

:48:15.:48:19.

three, power to make representations and also to amendment eight,

:48:20.:48:24.

relating to warnings. So with regards to amendment eight and

:48:25.:48:32.

warnings, I do feel this bill is about, at its heart, transparency

:48:33.:48:36.

and restoring trust in the eyes of the public. That is why I feel the

:48:37.:48:44.

power, so the charities commission can place on record where warnings

:48:45.:48:48.

have been given, is important. That is why I will be voting against an

:48:49.:48:54.

amendment eight. If I go to new clause three, which is the power to

:48:55.:48:58.

make representations, something we had quite a lively debate during the

:48:59.:49:03.

Bill committee stages and clearly having a lively debate again about

:49:04.:49:10.

it today. It is important we remind ourselves of two points. The first

:49:11.:49:19.

is the deliberate abuse of charities has been found to occur only and

:49:20.:49:25.

very, very rare occasions. The vast majority of charities do good work

:49:26.:49:29.

and they are reputable organisations, we must never forget

:49:30.:49:35.

that. Alongside that we have to recognise and remember that

:49:36.:49:38.

charities can and they do make representations already and often

:49:39.:49:41.

very successfully. As I referred to earlier this afternoon, we all

:49:42.:49:46.

receive representations from many, many charities during the course of

:49:47.:49:52.

our work. But there is a difference between non-political campaigning to

:49:53.:49:55.

raise awareness of a particular issue, even if the aim is to change

:49:56.:50:00.

policy or legislation and what is being proposed in this new clause. I

:50:01.:50:05.

go back to my point I believe firmly this bill is about strengthening

:50:06.:50:09.

trust in charities, the trust of the public. So, the idea through this

:50:10.:50:15.

new clause, of enshrining in legislation, the right to undertake

:50:16.:50:19.

elliptical campaigning activity completely undermines this. I fear I

:50:20.:50:27.

have almost come to the end, so I will conclude. I am normally very,

:50:28.:50:34.

very generous. But I really feel this amendment, this new clause

:50:35.:50:39.

risks losing what is fundamentally the political activity of a charity

:50:40.:50:44.

to something which risks being completely politicised and goes

:50:45.:50:52.

against the grain. Thank you. I am grateful to be called in this debate

:50:53.:50:56.

and followed the honourable member for Aldridge-Brownhills. I wasn't

:50:57.:51:02.

able to do an intervention, but I would like to make the point she was

:51:03.:51:08.

talking about political activity and political campaigning in a speech,

:51:09.:51:13.

which was a speech that reached out to all sides of the House in many

:51:14.:51:17.

aspects. What the honourable lady failed to mention is the words party

:51:18.:51:23.

political campaigning. I would point out all campaigning is political.

:51:24.:51:27.

Political activity is not always the preserve of party politics. This is

:51:28.:51:32.

something which has been lost in this debate so far. So often, people

:51:33.:51:37.

are blurring the boundaries between what is party political activity and

:51:38.:51:45.

what is political activity. Every social intercourse between different

:51:46.:51:48.

communities, people in communities, up and down the country, is

:51:49.:51:52.

political exchange and it should be celebrated. What this clause seeks

:51:53.:51:59.

to protect is the lifelong, the long-standing traditions charities

:52:00.:52:05.

can engage in political processes, within the communities, and also

:52:06.:52:11.

seek to influence party politics, but not actually become part of

:52:12.:52:15.

party political process. I think that is clear... I will be grateful

:52:16.:52:25.

to give way. I am grateful to my honourable friend and he is making

:52:26.:52:28.

an important point. We will, all of us as members of Parliament, be

:52:29.:52:33.

contacted by charitable organisations who seek to influence

:52:34.:52:38.

policymakers and policy informers to change the laws of the land. So for

:52:39.:52:45.

example, it would not be out with the role of an organisation like

:52:46.:52:53.

Shelter to campaign two members of Parliament is to get changes to

:52:54.:52:57.

homeless policies we might be debating. That is political. I am

:52:58.:53:02.

grateful to my honourable friend for making that important point through.

:53:03.:53:10.

Do this debate, the member for Harborough spoke eloquently about

:53:11.:53:12.

the cooperation and the work he has done with a charity he is a trustee

:53:13.:53:21.

of called Unlock. It was clear from his speech, it was prepared in

:53:22.:53:26.

secretly, probably with the support of Unlock. I don't see that as being

:53:27.:53:32.

party political, because all in the House have benefited with the work

:53:33.:53:37.

he has done with the charity he is trustee with. It illustrates the

:53:38.:53:43.

point, to engage with politicians does not necessarily mean you are

:53:44.:53:46.

engaging in a party political act. I am grateful to the speech for the

:53:47.:53:51.

honourable member for Harborough. I'm grateful for his interaction and

:53:52.:53:58.

support for the charity Unlock. We all benefit as a result of it. I do

:53:59.:54:03.

seek to support new clause one and the amendments eight, nine, ten, 11

:54:04.:54:11.

and 12. I think there are three fundamental benefits to our society

:54:12.:54:15.

from charities and the role they play in our society. The first is

:54:16.:54:21.

the reach charities can have in too hard to reach groups. Charities,

:54:22.:54:25.

through the methods and through the way they have evolved over time have

:54:26.:54:32.

a very far-reaching ability to work with hard to reach pockets of our

:54:33.:54:37.

society, that other parts and other organisations often struggle with.

:54:38.:54:41.

It is an incredibly important part of the work. I would also stand up

:54:42.:54:47.

and defend the strength of relationship the voluntary sector in

:54:48.:54:52.

this country has with its clients, with its service users. It is

:54:53.:54:57.

important and one of its strength is opposed to the other sectors. It is

:54:58.:55:01.

very often the case people who are vulnerable in hard to reach groups,

:55:02.:55:06.

or have multiple challenges, are very suspicious of the role of the

:55:07.:55:11.

state. For very obvious reasons. Sometimes they have been sanctioned

:55:12.:55:14.

by the state, sometimes they have been imprisoned by the state.

:55:15.:55:19.

Sometimes they have a relationship with social services they find

:55:20.:55:24.

invasive to the family life. These people are often very reluctant to

:55:25.:55:27.

work with the government and other sectors. It is the strength of the

:55:28.:55:31.

voluntary sector, in that they can work independently of government and

:55:32.:55:35.

other sectors and form a very strong relationship with these individuals.

:55:36.:55:41.

The third thing I think is very important, which I have experienced

:55:42.:55:45.

through my role being co-founder of two charities and chief executive of

:55:46.:55:49.

the charity, also the deputy chief executive of the umbrella body for

:55:50.:55:56.

the voluntary sector is the voice. The voice and the independent

:55:57.:56:02.

advocacy the voluntary sector can give to individuals and communities

:56:03.:56:06.

is absolutely essential. Key to this is giving voice to people who are

:56:07.:56:12.

dissent Howard. We all celebrate and we in this House from all sides

:56:13.:56:17.

celebrate the freedom of speech. But there are some people in our society

:56:18.:56:21.

who do not exercise freedom of speech as freely and willingly and

:56:22.:56:28.

as capably as others. That is exacerbated in this day and age even

:56:29.:56:31.

more with social media. Every person who made it to this House will be

:56:32.:56:36.

aware of the social media campaigns and the fact some people in society

:56:37.:56:40.

are having a disproportionate voice. Very often, you can map the social

:56:41.:56:47.

media activity of a constituency like Hove and Portslade, which I

:56:48.:56:54.

represent. You can probably peg and map the areas of advantage and

:56:55.:56:58.

disadvantage based on the representation they have on social

:56:59.:56:59.

media. The importance of strong advocacy,

:57:00.:57:11.

politics, party politics and the process of democratic representation

:57:12.:57:13.

exist to give the boys to everyone equally under voluntary sector are

:57:14.:57:20.

played a key part to make sure people who are isolated, alienating

:57:21.:57:22.

and disenfranchised even from the democratic process have a very clear

:57:23.:57:27.

and powerful voice in our democratic process and our democratic

:57:28.:57:33.

traditions in this country. That means advocating on their behalf,

:57:34.:57:37.

it's means advocating and liaising with politicians on their behalf and

:57:38.:57:41.

it means making sure that public policy represents everybody I'm not

:57:42.:57:46.

just those people who are able to campaign to advocate for themselves

:57:47.:57:49.

and to sign petitions and organise petitions on the number ten website

:57:50.:57:55.

and trigger a debate on this place -- in this place. Unfortunately we

:57:56.:57:58.

are going down partway where people who have advanced it I given

:57:59.:58:03.

disproportionate weight and disproportionate voice which is why

:58:04.:58:07.

we should never get to a point where people who are disadvantaged happy

:58:08.:58:11.

voices shutout from the democratic process and that worries me when we

:58:12.:58:18.

blamed this conversation and dialogue in this debate gets blended

:58:19.:58:23.

between party politics and politics per se. Volunteers are criminally

:58:24.:58:32.

responsible for the activities of the charities, they are volunteers

:58:33.:58:37.

and regular bedtime, often because they are not paid in full time it's

:58:38.:58:42.

means that they are not aware of every activity from the top to the

:58:43.:58:47.

bottom of any organisation. This sometimes can make them cautious,

:58:48.:58:50.

added to that the cruel responsibility that you have as a

:58:51.:58:55.

trustee, it's means collectively boards of trustees become cautious

:58:56.:58:59.

over time. I have been a trustee of many charities and one of the

:59:00.:59:03.

challenges you have when you're driving a charity from the executive

:59:04.:59:06.

or the board, is to make sure that the charity can still take decisions

:59:07.:59:11.

that are bold enough to deliver the transformation that service users

:59:12.:59:16.

need. I remember feeling this acutely over time, from one period

:59:17.:59:21.

of three years I was on the board of trustees of Pride. Each year, pride

:59:22.:59:27.

has a fantastic celebration on the streets which brings up up to

:59:28.:59:32.

200,000 people and I remember being a trustee for the first time during

:59:33.:59:37.

the period of Pride and I see the honourable member of Brighton and

:59:38.:59:44.

Kemptown knows the importance it has on the fabric of society and the

:59:45.:59:47.

challenges it poses for the city on policing and also making sure that

:59:48.:59:52.

the safety and safeguarding of all people who come to the city to

:59:53.:59:56.

celebrate poses very specific challenges. I remember seeing tens

:59:57.:00:02.

of thousands of people flooding through the streets and knowing as a

:00:03.:00:09.

trustee that the uncertainty of such large numbers of people could

:00:10.:00:12.

deliver all sorts of outcomes. In one Particular St, Saint James 's

:00:13.:00:22.

streets, there was one year when tens of thousands of people were

:00:23.:00:25.

squeezing down the street and there were glass shop fronts which were

:00:26.:00:31.

buckling under the pressure. I move as a trustee that if we had not

:00:32.:00:36.

taken this into account and predicted the challenges that Toby

:00:37.:00:38.

criminally responsible if there was any severe injuries as a result.

:00:39.:00:44.

These things play out in a real and tangible way in the minds of people

:00:45.:00:49.

who are running charities. I therefore worry that the imposition

:00:50.:00:56.

of official warnings can add another layer which will drive uncertainty

:00:57.:01:05.

and cautiousness through boards of trustees and down through to the

:01:06.:01:11.

executive. At a time when many charities to be outward facing,

:01:12.:01:13.

engaging with communities, open spirited and being bold to deliver

:01:14.:01:18.

the transformational change that every service users and

:01:19.:01:22.

beneficiaries needs desperately. I worry warnings that are used in

:01:23.:01:28.

low-level cases could have a disproportionate impact on the

:01:29.:01:35.

charities as they go forward. Low-level warnings can have a

:01:36.:01:38.

high-level impact if not used in the right way. I asked the minister when

:01:39.:01:42.

he sums up the debates, will he tell us whether the Charity commission

:01:43.:01:47.

will use warnings only for low-level noncompliance issues and make sure

:01:48.:01:52.

that those warnings are limited to those cases. The impact and

:01:53.:01:57.

charities could be absolutely significant if these warnings are

:01:58.:02:00.

not used in an appropriate way. It will have an impact on people

:02:01.:02:06.

funding charities, on the impact of campaigning abilities and also on

:02:07.:02:11.

the service users themselves. Service users need to know that the

:02:12.:02:16.

charities who are representing them services to them, often in very

:02:17.:02:21.

difficult circumstances to people who feel extremely isolated and

:02:22.:02:25.

vulnerable that those services are robust and if they hear talks of

:02:26.:02:31.

warnings against charities that this could have an impact on the relation

:02:32.:02:34.

that service users have the charities. We all want to make sure

:02:35.:02:38.

that charities if they do step outside of good practice, are

:02:39.:02:45.

supported back into good practice, and at times warnings should be

:02:46.:02:50.

issues. We need to make sure they are issued in the correct way. Can I

:02:51.:02:55.

ask the Minister, will a Charity commission routinely make warnings

:02:56.:03:02.

public? How often will these be made public? And how often will they not?

:03:03.:03:09.

Or there the guidance as to when warnings will be made public and

:03:10.:03:12.

when not so charities can understand the process unfolding regarding

:03:13.:03:19.

warnings? Under the legislation a warning could be issued and made

:03:20.:03:23.

public in a 24-hour period. I want to know what is the point of a

:03:24.:03:32.

24-hour notice come what can be achieved in this period from when a

:03:33.:03:37.

warning is made and then made public. What meaningfully can be

:03:38.:03:41.

achieved within a charity that can deliver the positive change that we

:03:42.:03:49.

all want to see? They cannot act, they cannot inform all the trustees,

:03:50.:03:53.

they cannot rectify many problems that will have been identified. It

:03:54.:03:58.

will only cause panic and what we do not want and I'm sure the minister

:03:59.:04:02.

does not want this and anybody on that side of the House is a charity

:04:03.:04:09.

descending into panic when it needs to be robustly supporting

:04:10.:04:15.

beneficiaries. Can I asked the Minister will the Charity commission

:04:16.:04:18.

allow adequate time to understand and prepare for any warning that

:04:19.:04:26.

will be made public. The independent sector is as important now as it has

:04:27.:04:29.

ever been, can the Minister confirm that the Charity commission will not

:04:30.:04:33.

use the power to direct charities or trustees to take a specific action?

:04:34.:04:41.

The Honourable members from both sides have spoken very eloquently

:04:42.:04:44.

about the independence of charities, many people have spoken about small

:04:45.:04:48.

charities in their own constituencies and we all have great

:04:49.:04:53.

examples of that. I don't want to forget the big charities too,

:04:54.:04:56.

sometimes we talk about small charities as if they are somehow

:04:57.:05:00.

more precious than any other, I think every charity which is

:05:01.:05:05.

registered with the commission and every charity working throughout our

:05:06.:05:09.

communities are providing fantastic services and sometimes the large

:05:10.:05:15.

charities are providing a scale that cannot be matched elsewhere and the

:05:16.:05:20.

scale of their operation can lead to the development and innovation is

:05:21.:05:23.

that others struggle to so we need to make sure that charities of all

:05:24.:05:26.

sizes are celebrated and mentioned in this bill. In summary, I want to

:05:27.:05:36.

say we on all sides of the House support the overall aims of the

:05:37.:05:41.

bill, I myself as an adviser of the Cabinet Office from 2006-7 worked on

:05:42.:05:49.

the public benefit test, Ira member world the debates including that

:05:50.:05:55.

time around the public benefit test as it is applied to public schools

:05:56.:06:04.

and pro-schools. At that time I became aware that yes, the original

:06:05.:06:16.

bill of 1601, signed by the Elizabeth the first, I know the

:06:17.:06:20.

Honourable gentleman from Brighton was a young man at the time and it

:06:21.:06:25.

is good he graces us today to bring his experience with them, the point

:06:26.:06:29.

I make about the original statute that was signed on the 17th century

:06:30.:06:35.

is that it allowed charities the scope to develop a society develops.

:06:36.:06:42.

But we cannot do is go to a point in which we legislate and micromanage

:06:43.:06:49.

charities to such an extent in using primary legislation that it inhibits

:06:50.:06:51.

charities evolving as society changes. If we had written into

:06:52.:06:57.

statute the strict definition of what is public benefit in the 1980s

:06:58.:07:01.

then I hesitate to think what it would have meant the charities

:07:02.:07:06.

delivering HIV services at the time and the time subsequent tour. We

:07:07.:07:11.

need to make sure there is enough scope in lawful charities to evolve

:07:12.:07:17.

as we move into a society which is less deferential, which is more

:07:18.:07:19.

communicative using the Internet and social media, and also as charities

:07:20.:07:25.

need to provide services to new areas of vulnerability which open

:07:26.:07:31.

up. Food banks are a new facet, an unfortunate facet but a new facet of

:07:32.:07:35.

our social landscape, we need to make sure the charities have the

:07:36.:07:40.

space to evolve without keep coming back to this house to have

:07:41.:07:46.

permission to do so. Charitable aims can never be justified by

:07:47.:07:53.

uncharitable means. That is the scandal of last summer when we had

:07:54.:08:02.

this terrible revelation to the great credit, I went to this often,

:08:03.:08:08.

by the Daily Mail and the abuse and means that charities were using the

:08:09.:08:13.

justified their aims and ends, the ends we'll support strongly. They

:08:14.:08:19.

fell into the trap of the fierce fundraising that goes on amongst

:08:20.:08:22.

charities which is becoming even fiercer and one charities spent ?20

:08:23.:08:32.

million on fundraising to raise the money. An astronomical amount of

:08:33.:08:37.

money. Understandably but quite wrongly they fell into the trap of

:08:38.:08:40.

using means that were thoroughly unjustified and were abusive to

:08:41.:08:48.

donors many cases. We have heard the case by my honourable friend, a

:08:49.:08:53.

terrible grace which should be pointed out that Olive Kirk, her

:08:54.:09:00.

death had no connection with the pressure that was being put on it,

:09:01.:09:05.

there were other reasons but there were other cases of people suffering

:09:06.:09:11.

from dementia who were plagued by repeated phone calls and letters.

:09:12.:09:23.

Again we have the case of chokers, respect or charities using chokers

:09:24.:09:28.

to accost people in the street and offer them a deal, a very poor deal

:09:29.:09:32.

for the donors. It is fine for the charities because they get a huge

:09:33.:09:37.

amount of money in but it means the donations in the first year, firstly

:09:38.:09:41.

nothing goes to the charity, very poor value for the donors. I have

:09:42.:09:45.

been asked today to speak by the chair of the public administration

:09:46.:09:50.

and constitution of affairs committee who has put down to

:09:51.:09:56.

amendments, four and five, as a senior member of the committee to

:09:57.:10:00.

make these points clear that the committee were shocked by the

:10:01.:10:06.

evidence we have. We saw all of the charities were in confessional moods

:10:07.:10:11.

and Pennington and agreed they had overstepped the mark and we were

:10:12.:10:15.

very tempted as a committee with the supervisory roles over the charity

:10:16.:10:21.

sector to call for new regulations, we decided unanimously that we

:10:22.:10:24.

didn't want to cage whole of the charity movement in a new prison of

:10:25.:10:31.

regulation that would limit their powers of innovation but they

:10:32.:10:38.

clearly R position with a poison that I'm well, Sony people have

:10:39.:10:46.

turned against the charities. Against the holiday of charity

:10:47.:10:49.

giving so we once you make that point and make it powerfully and the

:10:50.:10:54.

two amendments down there, four and five, which seek to introduce

:10:55.:11:00.

reforms. We are very strongly behind the Charity commission and if it is

:11:01.:11:06.

to do a bigger job, it must have the money, the 30% of its funding

:11:07.:11:11.

takeaway restored. I come back to the final point, the message we

:11:12.:11:15.

have, the message that the committee will have in our report, which will

:11:16.:11:29.

be coming out on Monday is that charitable ends can never be

:11:30.:11:32.

justified by uncharitable means. Before I get into the detail of the

:11:33.:11:50.

proposed changes honourable members have discussed this afternoon, I

:11:51.:11:52.

would like to make a few quick points that would frame the

:11:53.:11:57.

government's position in this debate. To reiterate an important

:11:58.:12:03.

point the overwhelming majority of charities, they are well run, they

:12:04.:12:09.

are run by hard-working, dedicated people, whose motivation is to help

:12:10.:12:14.

others and just to do good, really. They perform a vital role and we

:12:15.:12:18.

should never, in this House, forget that. The protections and

:12:19.:12:24.

strengthened powers will protect public trust and confidence for the

:12:25.:12:27.

vast majority and that is the reason behind this bill. As a result of the

:12:28.:12:32.

engagement of honourable members in both houses, under scrutiny this

:12:33.:12:39.

bill has been through, it has most certainly been improved in a number

:12:40.:12:43.

of places and I would like to put on record, my thanks to all those in

:12:44.:12:49.

making those improvements. I now turn to new clause one and want to

:12:50.:12:53.

thank the honourable member from Redcar for the explanation of her

:12:54.:12:56.

amendment. We think the review is more appropriate than a specific

:12:57.:13:01.

right of appeal to the charity Tribunal in the case of an official

:13:02.:13:07.

warning. In cases of low, medium level conduct or mismanagement, and

:13:08.:13:10.

appealed to the tribunal would be disproportionate. The Charity

:13:11.:13:17.

commission has said such a right of an appeal would render the power of

:13:18.:13:21.

unusable. It would anticipate many appeals being made as a means of

:13:22.:13:26.

frustrating the regulatory process. The resources required by the

:13:27.:13:30.

commission to defend tribunal seedings would be disproportionate

:13:31.:13:34.

to the issues at stake in official warning cases, which are by their

:13:35.:13:38.

nature, low and medium level. There would be no point in giving the

:13:39.:13:43.

Charity commission power it wouldn't use. Judicial review is a well

:13:44.:13:47.

established means to ensure generally and wrong is put right,

:13:48.:13:53.

unlike the tribunal system, it is scurrilous 's and meritorious cases

:13:54.:13:57.

of those who think delay through mitigation is the best tactic to

:13:58.:14:10.

avoid action. Some members raised concerns about the potentially harsh

:14:11.:14:13.

implications, including adverse publicity for charities in receipt

:14:14.:14:18.

of an official warning. Let me say this in response, charities exist

:14:19.:14:23.

for the public benefit and should therefore be accountable to the

:14:24.:14:30.

public. It is one of the Charity commission's duties to promote this,

:14:31.:14:33.

which is widely official warning power will be an important tool, not

:14:34.:14:39.

just in relation to ensuring a charity's compliance with

:14:40.:14:42.

regulations but also to public accountability. The concern about

:14:43.:14:49.

adverse publicity is an attempt to avoid accountability to donors,

:14:50.:14:52.

officials and the public. Some have suggested this would allow the

:14:53.:14:57.

Charity commission to direct charities. Let me be clear, it will

:14:58.:15:02.

not. The warning must specify the breach and may provide guidance on

:15:03.:15:06.

how the charity can rectify it. But the decision on how the breach is

:15:07.:15:11.

rectified is a matter for the charity's trustees. Others have said

:15:12.:15:17.

the trustees run the risk of regulatory action without the right

:15:18.:15:23.

of an appeal. I disagree. If the Charity commission were to escalate

:15:24.:15:26.

from a warning to an enquiry, the opening of the enquiry would be

:15:27.:15:32.

subject to an appeal as would the use of any enquiry powers. Finally I

:15:33.:15:34.

make a point the judge committee that undertook three legislated

:15:35.:15:39.

scrutiny of the draft bill agreed that provided the power is framed in

:15:40.:15:45.

the right way and with the right safeguards, judicial review was the

:15:46.:15:51.

appropriate means of challenge for an -- rather than an official

:15:52.:15:55.

warning. I cannot accept new clause one. I will now address amendments

:15:56.:16:02.

eight, nine, ten, 11 and 12, which the honourable member for red car

:16:03.:16:09.

has opposed to new clause one of the bill. I group them all because all

:16:10.:16:16.

except amendment nine serve to weaken the warning power. I will lay

:16:17.:16:20.

out my arguments against each amendment in detail. Let me start

:16:21.:16:24.

with amendment nine which seeks to bind the Commissioners power to a

:16:25.:16:28.

warning to notify the charity and charity trustees. I agree with this

:16:29.:16:33.

being a sensible and proportion of provision, which is why it is

:16:34.:16:37.

already required under the existing drafting of clause one. Amendment

:16:38.:16:42.

nine is superfluous. Moving to amendment eight, this seeks to stop

:16:43.:16:46.

the Charity commission are publishing a warning to a wider

:16:47.:16:49.

audience than just the charity and its trustees. Amendment ten would

:16:50.:16:55.

also restrict transparency and accountability by requiring the

:16:56.:16:57.

commission to only publish warnings in such a manner that does not

:16:58.:17:00.

identify the Charity or trustees involved. I cannot agree with these

:17:01.:17:07.

proposed changes. Charities exist for the public benefit must be

:17:08.:17:10.

accountable to the public for their work. The ability for the Charity

:17:11.:17:18.

commission to produce a public warning is in line with

:17:19.:17:21.

accountability and promoting public trust and confidence. Of course I

:17:22.:17:29.

will give way. He will recognise from my contribution, I am concerned

:17:30.:17:34.

about the notion of the Charity commission having a view at all. The

:17:35.:17:40.

reality is, should the important things are what Parliament has to

:17:41.:17:44.

say, but establishing objectives of any particular charity. The notion

:17:45.:17:50.

of any objective view, the Charity commission imposing its view and we

:17:51.:17:55.

should all have some concern about? I thank my honourable friend for

:17:56.:18:02.

that intervention. But I don't think you need worry about the Charity

:18:03.:18:06.

commission imposing its will on charities. There are many

:18:07.:18:11.

safeguards, including the referral to a charity tribunal to make sure

:18:12.:18:15.

it doesn't happen and ultimately the Charity commission, relies on the

:18:16.:18:20.

sector itself support to make sure it can function properly. The

:18:21.:18:25.

commission already publishes details of its non-enquiry compliance cases,

:18:26.:18:29.

where it is in the public interest and does this without any specific

:18:30.:18:34.

statutory power. It is right where the regulator has two intervene and

:18:35.:18:37.

issue an official warning, this is placed in the public domain.

:18:38.:18:41.

Although it should be make clear, when the issue that gave rise to the

:18:42.:18:45.

warning has been addressed, it should be archived after a period of

:18:46.:18:49.

time. The commission has published policy on how it reports on its

:18:50.:18:53.

regulatory work available on the government website. The commission

:18:54.:18:57.

would need to update this page with regard to official warning so there

:18:58.:19:01.

would be a clear policy, charities can and do make representations to

:19:02.:19:05.

the commission about the publication of particular information.

:19:06.:19:09.

Amendments eight and ten would undermined the increased

:19:10.:19:13.

transparency and public accountability of official warnings,

:19:14.:19:17.

turning it into an in effect give tool without real impact. Amendment

:19:18.:19:22.

11 seeks to limit the charity commission's ability to issue a

:19:23.:19:27.

warning, so it can only do so after a minimum notice period of 14 days.

:19:28.:19:34.

On the surface, it would ensure the trustees have, in all cases,

:19:35.:19:38.

sufficient time to consider the notice of intention to issue a

:19:39.:19:41.

warning and coordinate any representations they might wish to

:19:42.:19:45.

make. Whilst I am sympathetic with the aim of ensuring proper notice, I

:19:46.:19:51.

believe it should be addressed in the charity commission guidance. It

:19:52.:19:56.

is already clear that if the Charity commission decides to issue a

:19:57.:20:00.

warning, it must give notice of its intention to the charity and its

:20:01.:20:05.

trustees. The warning power may be appropriate to use in some

:20:06.:20:08.

circumstances where the commission needs flexibility to act more

:20:09.:20:12.

quickly than 14 days. Following debate in committee, the Charity

:20:13.:20:17.

commission recognises concerns raised and has reassured me it will

:20:18.:20:20.

normally apply a minimum notice period of 14 days. This will be made

:20:21.:20:25.

clear in the forthcoming guidance which will be published ahead of

:20:26.:20:30.

these powers coming into effect. Finally, I would like to address the

:20:31.:20:35.

changes proposed by amendment 12. I believe they are unnecessary as they

:20:36.:20:39.

aim to remedy a problem which does not exist in the current draft form

:20:40.:20:44.

of clause one. It is clear any remedial action the Charity

:20:45.:20:48.

commission may suggest in response to a warning, doesn't amount to a

:20:49.:20:52.

direction. The government has been consistently clear the commission

:20:53.:20:55.

could not use the official warning power to direct charities and I am

:20:56.:20:59.

happy to reiterate that position for the record. What the power does

:21:00.:21:05.

enable the commission to do is provide advice and guidance to the

:21:06.:21:10.

charity on how it can remedy a bridge that has been identified

:21:11.:21:15.

within the warning. -- breach. It gives the offer of support to a

:21:16.:21:19.

charity in resolving issues in a timely and adequate manner. It will

:21:20.:21:24.

also help charities understand, in more detail, what processes or

:21:25.:21:29.

actions lead to the issuing of a warning and what type of conduct

:21:30.:21:34.

could avoid this in the future. I hope I have laid out in detail to

:21:35.:21:38.

the House and the honourable member for Redcar while I do not support

:21:39.:21:44.

her amendment to clause one. I now turn to government amendment two

:21:45.:21:49.

regarding clause one of the bill. The power to issue a strategy

:21:50.:21:52.

warning previously didn't include the provision which would

:21:53.:21:56.

specifically enabled the Charity commission to vary or withdraw an

:21:57.:21:59.

official warning once it had been issued. Amendment two rectifies

:22:00.:22:03.

that. Withdrawal could be necessary if it came to light the warning

:22:04.:22:07.

should not have been issued in the first place, or in some cases, where

:22:08.:22:11.

the charity has addressed the issues set out in the warning. The power to

:22:12.:22:17.

vary a warning would likewise allow the commission to amend a warning

:22:18.:22:19.

where it has been partially addressed by the charity if the

:22:20.:22:23.

commission considered that to be appropriate. This is a sensible

:22:24.:22:28.

amendment and I commend it to the House. I do not think amendment a is

:22:29.:22:33.

necessary because where the Charity commission does withdraw warning, it

:22:34.:22:37.

will, as a matter of policy, set up the reasons for doing so when it

:22:38.:22:41.

notifies the recipient of the warning and publicises the

:22:42.:22:46.

withdrawal. In relation to the second part of amendment eight, I am

:22:47.:22:50.

sympathetic to the game, but I do not support the amendment. That

:22:51.:22:55.

could be a host of reasons why age warning was withdrawn and some of

:22:56.:22:58.

them may warrant the details remaining on the public record for a

:22:59.:23:04.

period of time. There may be unintended consequences that are

:23:05.:23:07.

detrimental to charities and the commission should this amendment be

:23:08.:23:11.

included. If a warning is withdrawn there may be press articles

:23:12.:23:17.

referring to that warning. If a member of the public goes to the

:23:18.:23:22.

register of charities, they would find no mention. In some cases it

:23:23.:23:27.

may be cases to keep a record of the warning fare, but explain it has

:23:28.:23:31.

been withdrawn. The Charity commission has said it would address

:23:32.:23:35.

these matters in guidance, which is the right matter to consider them in

:23:36.:23:39.

detail. On that aces, I see no need for amendment a. I believe the

:23:40.:23:47.

member for Ilford North was concerned about official warnings

:23:48.:23:51.

should not be used to follow and force people to follow good

:23:52.:23:58.

practice? I agree. Explanatory notes make it clear. It says failure to

:23:59.:24:01.

follow good practice could not automatically be considered to

:24:02.:24:04.

constitute misconduct or mismanagement. I hope that helps the

:24:05.:24:09.

honourable gentleman with that. If I can now turn to part the. Speak to

:24:10.:24:19.

disqualification powers in clauses nine and ten. Government amendments

:24:20.:24:26.

three and four are modest amendments but we consider them necessary to

:24:27.:24:29.

ensure the proper operation of clause nine and clause ten. Clause

:24:30.:24:36.

nine extends the effect of automatic disqualification to the most senior

:24:37.:24:39.

executive roles in the charity, that of chief executive officer and where

:24:40.:24:45.

there is one, chief finance officer. In our discussions with the Charity

:24:46.:24:48.

commission over this provision and how it would operate in practice, it

:24:49.:24:53.

became clear there was a risk under the clause as it stands, a person

:24:54.:24:57.

employed by a charity who did not exercise any management function

:24:58.:25:02.

could the court. This may be the case in a small charity which

:25:03.:25:05.

employs only one or two operational staff. These may report directly to

:25:06.:25:11.

the board do not perform management functions, since those are fulfilled

:25:12.:25:15.

by the trustees themselves. The employee in the circumstances ought

:25:16.:25:21.

not to become by the disqualification provision, as they

:25:22.:25:23.

are not involved in the management of the charity. Amendment number

:25:24.:25:26.

three in shows this will be tightened up in drafting. Government

:25:27.:25:32.

amendment number four makes exactly the same provision in relation to

:25:33.:25:37.

the power for the Charity commission to disqualifying clause ten. I hope

:25:38.:25:42.

people will agree with me these are sensible provisions to add to the

:25:43.:25:49.

bill? I now turn to the amendment made by the member for Harborough. I

:25:50.:25:55.

am great role for him or tabling the amendment because it gives me the

:25:56.:25:59.

chance to provide some reassurance on the record. He is a strong

:26:00.:26:02.

supporter and advocate of charities involved in the rehabilitation of

:26:03.:26:05.

ex-offenders, which is a commendable cause. Charities and the voluntary

:26:06.:26:11.

sector play a significant role in the support and rehabilitation of

:26:12.:26:14.

ex-offenders. We should recognise and encourage the important

:26:15.:26:19.

contribution in reducing reoffending and helping former offenders

:26:20.:26:27.

reintegrate into society. I want to ensure the bill's provisions do not

:26:28.:26:33.

impact on this important work. The disqualification provisions in the

:26:34.:26:36.

Bill are important. Whilst the existing system has worked well, in

:26:37.:26:42.

needed updating. The bill seeks to extend disqualification provisions

:26:43.:26:45.

as an important way protecting charities from individuals who may

:26:46.:26:48.

seek to abuse their position of trust whether for personal financial

:26:49.:26:52.

gain or some other purpose. Who change their ways and to want to

:26:53.:27:08.

give something back by working or volunteering for a charity, however

:27:09.:27:11.

people who can show they have turned over a newly to take up of

:27:12.:27:15.

responsibility in the charity sector have the ability to apply to the

:27:16.:27:19.

Charity commission for the disqualification to be waived. It is

:27:20.:27:26.

worth pointing out the commission have received six applications where

:27:27.:27:33.

the disqualification resulted from an unspoken or conviction, all of

:27:34.:27:36.

these applications were granted an further there is a right of appeal

:27:37.:27:40.

to the tribunal if the commission refuses to grant a waiver. It is

:27:41.:27:45.

also worth reminding the House at the disqualification only applies to

:27:46.:27:49.

senior management roles of trustee, chief executive and chief finance

:27:50.:27:53.

officer 's. These provisions do not stop disqualified individuals

:27:54.:27:58.

working in other roles in the charity. I can confirm for The

:27:59.:28:06.

Record that this will not commence the automatic disqualification

:28:07.:28:09.

provisions in clause nine for a period of 12 months following

:28:10.:28:14.

enactment. I would be prepared to consider slightly nonglare if

:28:15.:28:21.

necessary -- longer, if necessary, we want to work closer to

:28:22.:28:29.

rehabilitation charities. I have asked the Charity commission to

:28:30.:28:33.

closely engage with rehabilitation charities such as unlock as it

:28:34.:28:37.

develops new guidance ahead of the commencement of these provisions. It

:28:38.:28:43.

has agreed to do this and I started work on a working group to consider

:28:44.:28:47.

how the changes will be lamented. I know for example it has invited a

:28:48.:28:53.

number of rehabilitation charities to workshop in February to discuss

:28:54.:28:57.

the bill and the implementation of the provisions. I'm very grateful

:28:58.:29:04.

for giving way. Will the Minister join me in congratulating unlock for

:29:05.:29:08.

working with the member, the Honourable member for Harborough and

:29:09.:29:15.

the partnership between a politician and a political party and a charity

:29:16.:29:19.

has produced a fantastic speech today and important points having an

:29:20.:29:23.

impact on legislation on the House of Commons, is that not to be

:29:24.:29:28.

welcomed? I can see the trap the honourable gentleman is setting up

:29:29.:29:31.

for me and I will not walk in because I have further comments to

:29:32.:29:36.

make on the transparency of lobbying. I thank him for his

:29:37.:29:39.

intervention and attempts, lame though it was. There will be senior

:29:40.:29:46.

managers who will be caught by the extension of the disqualification

:29:47.:29:50.

provisions, was the number of waiver applications will increase, we do

:29:51.:29:52.

not think a significant number of people will be affected by the

:29:53.:29:57.

changes. I will be surprised if it runs towards the low 100 -based

:29:58.:30:04.

under the experienced under the existing regime. I recognise

:30:05.:30:08.

concerns that have been raised and I therefore am happy to commit to

:30:09.:30:12.

produce a report of our assessment on the impact of the

:30:13.:30:14.

disqualification changes in the bill. I would deposit it in the

:30:15.:30:24.

House library. I cannot promise it will cover every detail but it will

:30:25.:30:30.

provide a very detailed assessment as he has requested. I can ensure

:30:31.:30:35.

that describes occasion powers in the bill will protect charities from

:30:36.:30:39.

individuals to present a known risk while at the same time providing for

:30:40.:30:46.

rebuild station of offenders on a case-by-case basis. That strikes me

:30:47.:30:52.

as being quite fair portion of. If I can move on to... Can I thank my

:30:53.:30:59.

honourable friend for the assurances. They are very welcome

:31:00.:31:03.

and those I have been speaking with and for today much look forward to

:31:04.:31:07.

the discussions that will follow the debate. I thank him for those kind

:31:08.:31:14.

words and will certainly work for a closely with those organisations.

:31:15.:31:19.

Now if I can move to Amendment 13. Amendment 13 seeks to empower the

:31:20.:31:25.

Charity commission to disqualify trustees in cases of collective

:31:26.:31:30.

failure. I explained the Charity commission already has the power to

:31:31.:31:34.

act in the circumstances and has indeed done so in cases relating to

:31:35.:31:39.

systemic governmental issues. There is no reason why the Charity

:31:40.:31:43.

commission could not take action against all trustees were to do so

:31:44.:31:49.

was appropriate proportionate and in accordance with the principles of

:31:50.:31:54.

best regulatory practice. For that reason I do not support Amendment

:31:55.:31:59.

13. I now turn to Amendment 14 which would give the Charity commission

:32:00.:32:02.

the job of consulting on and publishing guidance on how it

:32:03.:32:06.

assesses and fitness and relation with the power to qualify as set out

:32:07.:32:11.

in clause ten of the bill. We discussed a similar amendment in

:32:12.:32:13.

committee and while I agree with the intended effect, I do not believe it

:32:14.:32:18.

is necessary. When the bill was published in the other place by the

:32:19.:32:22.

Charity commission, is publication was well received document setting

:32:23.:32:27.

out its initial thoughts on how it would exercise the disqualification

:32:28.:32:31.

power. It highlights the broad categories at the commission will

:32:32.:32:35.

consider, namely honesty and integrity, competence and

:32:36.:32:39.

credibility. It gives various examples of the sorts of specific

:32:40.:32:43.

conduct it would take into account. I explained a number of these

:32:44.:32:46.

examples in committee and do not propose repeating them today. The

:32:47.:32:51.

Charity commission has further committed to develop and consult on

:32:52.:32:55.

its initial thinking into draft guidance on how it would operate to

:32:56.:33:00.

disqualify. All of this will happen before the power to disqualify

:33:01.:33:03.

commences. As with any commission guidance this will be kept under

:33:04.:33:07.

regular review to reflect changes in legislation or tribunal findings. On

:33:08.:33:11.

that basis I do not see that Amendment 14 is necessary. To

:33:12.:33:21.

Amendment 15. The Charity commission already only considers conduct

:33:22.:33:25.

relevant and Sirius. If it were to take account of other conduct, I

:33:26.:33:31.

would expect any result to the dethroned up by the tribunal on

:33:32.:33:38.

appeal. Besides that the amendment poses unintended consequences with

:33:39.:33:45.

the inclusion of the relevant and serious in condition at.

:33:46.:33:47.

Specifically including those words in the disqualification power would

:33:48.:33:51.

cast doubt on all the commissions other powers which don't contain

:33:52.:33:57.

them. The exercise of these other powers such as the power to remove a

:33:58.:34:02.

trustee and the power to direct a charity depend on conduct that is

:34:03.:34:07.

both relevant and serious. Even though these words are not included

:34:08.:34:10.

in the criteria for exercising the power. I do not want there to be a

:34:11.:34:16.

risk that these other powers could be interpreted as not requiring

:34:17.:34:19.

relevant or serious conduct in order to be exercised. While I understand

:34:20.:34:24.

and sympathise with the aims of Amendment 15, I hope the House will

:34:25.:34:28.

understand why do not think it is necessary and could inadvertently

:34:29.:34:32.

reduce the bar for the other powers which I would not support. Finally

:34:33.:34:38.

in Amendment five is another relatively modest remembrance

:34:39.:34:44.

suggested by charities. As I have said in relation to the amendment

:34:45.:34:48.

tabled by my honourable friend, we are keen to work with rehabilitation

:34:49.:34:53.

charities to make sure the bill does not undermine important work. As the

:34:54.:34:57.

bill stands in order to make a disqualification order against a

:34:58.:35:00.

person, the Charity commission will need to meet one of six conditions,

:35:01.:35:04.

a through two F to be met alongside other things. One of those

:35:05.:35:11.

conditions, be, the individual has been convicted outside of the UK on

:35:12.:35:16.

offence against the Charity or the administration of a charity had it

:35:17.:35:19.

been in the UK would have automatically disqualify the

:35:20.:35:22.

individual. As it stands the commission can only take into

:35:23.:35:27.

account overseas conviction that is not spent under the law of the

:35:28.:35:30.

territory concerned whether conviction took place. It was

:35:31.:35:34.

pointed out to me that it would be fairer and more proportionate if

:35:35.:35:38.

this limitation related to the rear bill at Haitian period for an

:35:39.:35:41.

equivalent UK sentence rather than every ability in period the overseas

:35:42.:35:48.

jurisdiction. I agree this would be proportionate and Amendment five

:35:49.:35:52.

makes a necessary change. Briefly my honourable friend for the City of

:35:53.:35:55.

London quite ingeniously managed to speak about independent schools, he

:35:56.:36:02.

made a very important point about the ways in which they can provide

:36:03.:36:07.

public benefit. There is not one single way the Charity commission

:36:08.:36:10.

would not direct any independent school that there is one single way

:36:11.:36:16.

to achieve public benefit. Man Deputy Speaker, let me start my

:36:17.:36:25.

comments about clause to -- Madame. Close to represent an attempt to

:36:26.:36:30.

reassert provision that we reassert the bill in the public committee.

:36:31.:36:33.

Let me explain why the Government opposes it. It was described by

:36:34.:36:38.

several peers as sending a signal of opposition to the Government's plan

:36:39.:36:43.

to legislate and extend the right to buy two tenets of Housing

:36:44.:36:46.

associations. This message from the other place has been received

:36:47.:36:50.

considered and responded to. Extending right by the tens of

:36:51.:36:54.

housing associations is a manifesto pledge on which we were elected and

:36:55.:36:58.

which we are committed to deliver. It'll mean up to 1.3 million more

:36:59.:37:02.

families in England get the chance to own their own home whilst at the

:37:03.:37:08.

same time ensuring replacement of housing stock. However we listen to

:37:09.:37:14.

the concerns raised and rather than legislate it or implemented, we

:37:15.:37:17.

reached a voluntary agreement with housing associations that will

:37:18.:37:21.

remember policy was protecting the independence of housing

:37:22.:37:27.

associations. So... Thank you for giving way. It is important to

:37:28.:37:31.

reflect that this was a manifesto commitment. Some of us have even had

:37:32.:37:36.

concerns about but it was a manifesto commitment and it was

:37:37.:37:39.

rightly brought up in the housing and panning bill, it is a very

:37:40.:37:42.

disrespectful attitude to the House and a dangerous precedent when other

:37:43.:37:49.

bits of legislation are used to essentially undermine other

:37:50.:37:54.

legislation part and parcel of the manifesto commitment. It happened

:37:55.:37:58.

here and in the last Parliament in relation to the change in boundaries

:37:59.:38:03.

when a sub-clause was used elsewhere in an entirely different bits of

:38:04.:38:07.

legislation, something which the House of Lords are abusing their

:38:08.:38:10.

position if they think they can do this in this form. I'm sure the laws

:38:11.:38:17.

along the corridor will have listened to what my honourable

:38:18.:38:21.

friend has said and I hope this bill will not be altered further as a

:38:22.:38:25.

result of those very strong words he said. Just to take at that point,

:38:26.:38:33.

this is an issue which does affect charities, we are here debating

:38:34.:38:37.

Charity legislation, the right to buy does affect the ability of

:38:38.:38:40.

housing associations to control assets which is a fundamental change

:38:41.:38:43.

in a relationship balance they have in terms of their role and the

:38:44.:38:46.

ability of the Government to tell them what to do with their asset

:38:47.:38:49.

which is why this has been debated today. Obviously the opposition is

:38:50.:38:53.

entitled to put forward whatever Amendment is they want as long as

:38:54.:38:57.

they are in order but it is not just that this was unnecessary, this new

:38:58.:39:02.

clause would be damaging which I'm sure was not the intention. Many of

:39:03.:39:08.

the rules applying to investments in and disposal of derived from caselaw

:39:09.:39:15.

over hundreds of years, proponents argue its reflects the existing case

:39:16.:39:19.

law but I do not accept that. A simple provision such as this cannot

:39:20.:39:23.

hope to reflect the accumulated detail of caselaw derived from many

:39:24.:39:29.

hundreds of judgments. Caselaw already requires charities to use

:39:30.:39:34.

and dispose of assets in a way that supports the delivery of charitable

:39:35.:39:36.

purposes but provides flexibility from particular 's circumstances

:39:37.:39:42.

that a statutory provision cannot. How for example with this affect

:39:43.:39:48.

compulsory orders? How affect existing rights of 1.4 million

:39:49.:39:55.

housing association tenants and the right to buy? Howard affect the

:39:56.:39:57.

exercise of the Charity commission 's power such as directing property

:39:58.:40:04.

in statutory enquiry. There are too many questions about this that we

:40:05.:40:07.

have not had a satisfactory answers to, either this afternoon or to the

:40:08.:40:13.

course of the bill. Now close to would give the Charity commission a

:40:14.:40:17.

new and broad role in policing the use and disposal of charity assets.

:40:18.:40:21.

This is inconsistent with our current A-bomb helping the

:40:22.:40:23.

commission to focus on the core regulatory activities. If I can turn

:40:24.:40:31.

to core three -- clause three, I think Mrs at worst damaging. Charity

:40:32.:40:41.

law is ready setting out clear laws to charities can and can't do in

:40:42.:40:45.

campaigning and little activity, I explain these in details so I do not

:40:46.:40:53.

propose to do that again today. If clause three seeks to amend the

:40:54.:40:56.

existing law than I do not think it does, in a similar way to the new

:40:57.:41:01.

proposed clause two, it attempts to put into provision all of the

:41:02.:41:06.

existing case law. This is the risks changing the boundaries of what is

:41:07.:41:10.

permitted, new clause three would allow charities to undertake

:41:11.:41:14.

political campaigning or political activity but it does not define what

:41:15.:41:20.

it means. Where for example allow partisan campaigning, if this were

:41:21.:41:23.

the case then it would represent a real shift in the law and I would

:41:24.:41:28.

strongly object to that. In particular I think the public would

:41:29.:41:31.

be very surprised and disappointed to see charities taking part and

:41:32.:41:35.

campaigning on a party political basis. Existing case law does not

:41:36.:41:40.

allow charities to engage in Purtell campaigning to such an extent that

:41:41.:41:44.

it calls into question whether or not they are a

:41:45.:42:19.

I suggested improvements, and the Government accepted recommendations

:42:20.:44:11.

for a new self-regulatory body backed up by powers to the Charity

:44:12.:44:19.

commission. And as Chief Executive Stephen Dunmore. What is more than

:44:20.:44:23.

the regulator will establish fundraising preferences who give

:44:24.:44:29.

those people who are overwhelmed by the show volumes of request they

:44:30.:44:37.

received a simple way to opt in. I am grateful to the people who have a

:44:38.:44:43.

ready draft proposals on how this will work in practice.

:44:44.:45:11.

Should this still prove insignificant the Government would

:45:12.:45:17.

have the power to mandate the Charity commission with the

:45:18.:45:21.

regulation of funding. I truly hope that I and my successors are putting

:45:22.:45:25.

the position to resort to these powers and the charity sees its last

:45:26.:45:31.

to make an independent self-regulatory system work. If

:45:32.:45:36.

self-regulation does fail, it needs to ensure that we stepping quickly.

:45:37.:45:44.

I warmly welcome the support we have had for the approach to addressing

:45:45.:45:53.

fundraising regulation and I welcome supportive comments. I would like to

:45:54.:45:59.

thank my honourable friend, the member for Harwich and North Essex

:46:00.:46:04.

for his work as chair of the public administration and Constitutional

:46:05.:46:07.

affairs committee. This committee has played an important role in

:46:08.:46:10.

investigating poor practices we saw last summer. I welcome the report

:46:11.:46:16.

published yesterday and it would give careful consideration and I

:46:17.:46:21.

will give careful consideration before responding injury course. As

:46:22.:46:25.

a report highlights the public expects a high standard from the

:46:26.:46:29.

charity and public ad ministration committee, I believe charity should

:46:30.:46:33.

get the last chance to put their own house in order to ensure some

:46:34.:46:38.

confidence that has been lost. I am most grateful to allow me to

:46:39.:46:44.

intervene. The minister will be aware that in Northern Ireland,

:46:45.:46:48.

people are very generous to a whole range of charities. This bill has

:46:49.:46:52.

unfortunately been designated as exclusively English. If we have

:46:53.:46:57.

constituents of mine in Northern Ireland who are oppressed by

:46:58.:47:02.

requests from Heather Olver righty of charities. Can they legitimately

:47:03.:47:09.

and properly complain to the charities and the new regulatory

:47:10.:47:13.

body? The honourable lady is will write, this is England early.

:47:14.:47:20.

Northern Ireland has a separate devolved way of doing things and I

:47:21.:47:23.

suggest our first port of call would be to suggest to those sponsored or

:47:24.:47:31.

in Northern Ireland. I'm very grateful indeed Madame Deputy

:47:32.:47:40.

Speaker and I thing the minister does not grasp the point. There are

:47:41.:47:44.

national charities across the United Kingdom of which Northern Ireland is

:47:45.:47:48.

a part, thousands of people voted in the referendum on the agreement to

:47:49.:47:55.

remain part of the United Kingdom, national charities such as the

:47:56.:47:59.

Salvation Army, the art and ally and various other charities, the donors

:48:00.:48:03.

and supporters are also in Northern Ireland so the first port of call is

:48:04.:48:11.

is here. She makes her case strongly here and that is right that she

:48:12.:48:16.

should do that. I hope she will also make a case very strongly to those

:48:17.:48:20.

responsible in the devolved administration that many people in

:48:21.:48:22.

Northern Ireland wanted and gained as a result of the actions of

:48:23.:48:33.

subsequent governments. New clause forward change the relationship

:48:34.:48:38.

between the Charity commission if we propose to allow the commission to

:48:39.:48:47.

hold meetings on... In relation to new clause four, the commission does

:48:48.:48:51.

not believe it has the resources to effectively exercise the power to

:48:52.:48:57.

exercise the powers on fundraising as suggested. It can in theory

:48:58.:49:00.

already hold hearings in relation to statutory enquiries under section 46

:49:01.:49:07.

of the charities act 2007, but does not do so because it is not an

:49:08.:49:12.

effective means of undertaking a bit casework. I understand my honourable

:49:13.:49:22.

member would have proposed in his new clause four to offer the

:49:23.:49:26.

protection of witnesses not to have the evidence used against them in

:49:27.:49:29.

other proceedings rather than legal professional privilege for those

:49:30.:49:35.

giving evidence in hearings on Charity fundraising. Legal

:49:36.:49:38.

professional privilege protects the lawyer client relationship and is

:49:39.:49:42.

not what my honourable friend is looking to achieve here. It would be

:49:43.:49:48.

proceedings undertaken by the Charity commission and not

:49:49.:49:52.

proceedings in Parliament, said Parliamentary privilege would not be

:49:53.:50:00.

appropriate. It is a power to make secondary legislation that is

:50:01.:50:06.

necessary or desirable in connection with regulating Charity fundraising.

:50:07.:50:11.

It commission were to assume statutory sponsor the Latifah

:50:12.:50:14.

fundraising and this included holding public hearings, we would

:50:15.:50:18.

need to consider at that point, what detection for witnesses would fall

:50:19.:50:24.

within the scope of the power. I think I will now move on to my

:50:25.:50:31.

honourable friend's new clause five, which prematurely tasks the Charity

:50:32.:50:36.

commission with becoming the primary regulator for fundraising

:50:37.:50:40.

activities. This is something the government has provided for but

:50:41.:50:44.

through the stronger reserved powers we introduced at committee stage.

:50:45.:50:49.

There would also be a risk of undermining public confidence if

:50:50.:50:53.

self-regulation were to fail while under the oversight of the Charity

:50:54.:50:57.

commission, particularly if the solution to that failure would be

:50:58.:51:01.

statutory regulation by the Charity commission. We would also need to do

:51:02.:51:06.

more detailed thinking about whether and if so, how witnesses should or

:51:07.:51:12.

could be protected by some sort of equivalent to Parliamentary

:51:13.:51:15.

privilege, which is what I think my honourable friend may have been

:51:16.:51:19.

seeking with this amendment. However, I agree with the findings

:51:20.:51:26.

of the public administration and Constitutional affairs select

:51:27.:51:30.

committee, that it would be a sad and inexcusable failure of charities

:51:31.:51:35.

to govern their own behaviour should statutory regulation become

:51:36.:51:42.

necessary. Perhaps I can reassure under reserved powers under the

:51:43.:51:46.

belly would be possible for the Charity commission to receive

:51:47.:51:52.

responsibility, but deliver that through a third party such as the

:51:53.:51:58.

fund regulator. Subsection two of the new section introduced by clause

:51:59.:52:03.

14 of the bill already specifically enables this. I give way. I

:52:04.:52:10.

recognise the comments from my honourable friend from Northern

:52:11.:52:14.

Ireland which I raised in specifically to fundraising and this

:52:15.:52:16.

legislation should not impact the right of the Scottish Parliament.

:52:17.:52:22.

Will he reiterate that on the floor of the House? The representative for

:52:23.:52:28.

Scotland were at the fundraising summits and it is a devolved matter

:52:29.:52:32.

and it is up to them what rules they set for Scotland. This is an England

:52:33.:52:39.

and Wales Bill, it does not affect Scotland. It is up to the Scottish

:52:40.:52:43.

regulator how they wish to proceed. I maintain it is important to keep a

:52:44.:52:49.

clear division between statutory and self-regulatory powers to ensure

:52:50.:52:52.

better regulation of fundraising. The best way to achieve this is to

:52:53.:52:56.

support the new fundraising regulator and if it should fail make

:52:57.:52:59.

a decisive and clear move to statutory regulation. Should

:53:00.:53:03.

self-regulation failed the government will not hesitate to

:53:04.:53:06.

intervene, which could include tasking the Charity commission of

:53:07.:53:10.

regulation of fundraising. We think it is too soon to permit the Charity

:53:11.:53:15.

commission to enhance statutory role in fundraising. So I hope members

:53:16.:53:21.

will understand why I don't support the new clauses three and four. Now

:53:22.:53:27.

if I come onto final of an amendment six and seven, would not refer to

:53:28.:53:33.

ask the tasks Paea to carry the cost of fundraising regulation if it is

:53:34.:53:37.

the results of a failure of charities to protect the public from

:53:38.:53:40.

their own poor practices. So government amendment 67 with allow

:53:41.:53:47.

the government funding regulator or the Charity commission to charge

:53:48.:53:50.

fees. Many of the charities signed up to and paint the old system of

:53:51.:53:54.

self-regulation were who followed best practice and there was a

:53:55.:53:58.

problem of what we called free riders. To guard against this risk,

:53:59.:54:04.

the Hetherington review suggests did any charity with fundraising

:54:05.:54:07.

expenditure beyond a certain level should be subject to a levy,

:54:08.:54:12.

requiring large and we'd incised fundraising charities to paper

:54:13.:54:16.

regulation. Should government need to compel charities to register with

:54:17.:54:22.

the Charity fundraising regulator, it is important they can levy fees

:54:23.:54:26.

for registration. This is what amendment six would enable.

:54:27.:54:30.

Government amendment number seven deals with fees should the reserve

:54:31.:54:35.

power be exercised for the Charity commission to regulate fundraising.

:54:36.:54:40.

It would ensure regulation can provide for the Charity commission

:54:41.:54:44.

to charge fees across the range of bodies it would regulate as the

:54:45.:54:50.

fundraising regulator. I hope my explanation suffice that these

:54:51.:54:55.

amendments are an important part of the backstop to self-regulation and

:54:56.:54:59.

will help to ensure the effect the regulation of fundraising in the

:55:00.:55:02.

future. But of course I will be happy to provide more detailed

:55:03.:55:07.

responses. The main point is I hope these amendments are not needed and

:55:08.:55:11.

charities will support the new, tougher self-regulatory system that

:55:12.:55:15.

is being established under the leadership of my noble friend, Lord

:55:16.:55:24.

Grey. I commend these government amendments to the House. I will be

:55:25.:55:35.

brief! I would like to thank everybody for their contributions

:55:36.:55:39.

this afternoon. There is a wealth of experience in the charity sector in

:55:40.:55:43.

this chamber and has added to the progress of this bill. New clause

:55:44.:55:48.

one, the clause before the House. I am afraid while don't share the

:55:49.:55:53.

minister's view that judicial review will be more cost-effective, it may

:55:54.:55:56.

be the case for the Charity commission, but not the charities

:55:57.:55:59.

who are appealing, many of whom will not afford to have a judicial

:56:00.:56:04.

review. I will work with the sector and the government to monitor the

:56:05.:56:08.

use of these warnings outside of primary legislation. So I do not

:56:09.:56:12.

wish to push new clause one to a quote. -- vote. But new clause three

:56:13.:56:19.

and amendment eight I do, because dumping our concerns have been met.

:56:20.:56:23.

Is it your pleasure that new clause new clause 1b is withdrawn. The

:56:24.:56:34.

question is, new clause three to be removed formally. The question is

:56:35.:56:46.

that it be read a second time. Division, clear the lobby.

:56:47.:09:05.

The baize to the riots, 236, the noes to the left, 280. -- ayes. The

:09:06.:09:29.

eyes to the right 236, the noes to the left to June 80. The noes

:09:30.:09:35.

habits. Amendment eight be made, as many

:09:36.:09:45.

opinion say ayes, of the country noes. Division, clear the lobbies.

:09:46.:11:54.

The question is Amendment eight be made. Tellers for the ayes, Judith

:11:55.:12:03.

Cummins, tellers for noes Simon Kirby.

:12:04.:17:58.

Order, order.. The eyes to the right,, 196. The noes to the left,,

:17:59.:21:11.

280. The eyes to the right, 196 the noes to the left, 280. With the

:21:12.:21:24.

leave of the House we will take amendments two to seven together.

:21:25.:21:29.

Government amendments be made. As many as are of the opinion say

:21:30.:21:38.

"aye". To the contrary, "no". The ayes have it, the ayes have it..

:21:39.:21:42.

Consideration completed. I will now suspend the House for about five

:21:43.:21:46.

minutes in order to make a decision about certification. The division

:21:47.:21:52.

bells will be wrong two minutes before the House resumes. Following

:21:53.:21:57.

my certification, the government will be tabling the appropriate

:21:58.:22:00.

consent motion, copies of which will be available shortly in the vote

:22:01.:22:05.

office and will be distributed by doorkeepers. Order.

:22:06.:24:03.

Subtitles will resume on MPs returning after the suspension of

:24:04.:24:05.

the House. Subtitles will resume on MPs

:24:06.:25:20.

returning after the suspension of the House.

:25:21.:26:32.

Order, order. I can now inform the House of my decision about

:26:33.:26:42.

certification. For the purposes of standing order number 83 L,

:26:43.:26:46.

subsection two, I have certified that the Charities (Protection and

:26:47.:26:50.

Social Investment) Bill relate exclusively to England and Wales, on

:26:51.:26:56.

matters within devolved legislative competence as defined in standing

:26:57.:27:04.

order number 83 J. Copies of my certificate or available in the vote

:27:05.:27:07.

office. Understanding order number 83 a, a consent motion is therefore

:27:08.:27:13.

required for the bill to proceed. Does the minister intends to move

:27:14.:27:19.

the consent motion? Move formally. Even a nod from a whip would

:27:20.:27:25.

suffice, but instead, we have the full throttle of ministerial words.

:27:26.:27:35.

The House is greatly privileged, and I am sure it will not be forgotten.

:27:36.:27:40.

The House shall forthwith resolve itself into the legislative grand

:27:41.:27:45.

committee England and Wales. Order, order.

:27:46.:28:09.

Order. I remind how is that although all members may speak in the debate,

:28:10.:28:17.

only members representing constituencies in England and Wales

:28:18.:28:21.

may vote in the consent motion. I call the minister to move the

:28:22.:28:30.

consent motion. Move formally. The question is that the legislative

:28:31.:28:32.

grand committee England and Wales consent to the Charities (Protection

:28:33.:28:42.

and Social Investment) Bill, Lords. Point of order, Sylvia Hermon. Thank

:28:43.:28:49.

you. I begin with a heavy heart to make this point of order, but I feel

:28:50.:28:54.

duty bound to do so. When this certification process was introduced

:28:55.:28:58.

and debated before the Christmas recess, the indication was that when

:28:59.:29:05.

it was moved and we sat in the grand legislative committee, a minister

:29:06.:29:08.

would be called upon to move the consent motion and then a debate

:29:09.:29:11.

would commence. It was disappointing last night that there was no effort

:29:12.:29:17.

by the minister to open the debate while the motion was being moved. To

:29:18.:29:21.

find this happening again today, I would like clarification from you,

:29:22.:29:29.

Madam Chairman, as to whether it is appropriate to consistently now

:29:30.:29:31.

adopt a routine of a minister moving a motion without further debate. The

:29:32.:29:37.

honourable lady is aware that it is up to the minister to either move

:29:38.:29:42.

the motion formally or to speak to it, but the honourable lady is also

:29:43.:29:45.

entitled to speak in the debate now if she so wishes. I am very grateful

:29:46.:29:56.

for that clarification. I know that even if I were to vote, my vote

:29:57.:30:00.

would not count. This is a serious constitutional issue, particularly

:30:01.:30:08.

for those from Northern Ireland. After years of horrendous violence

:30:09.:30:11.

in Northern Ireland, we have the Good Friday agreement, otherwise

:30:12.:30:14.

known as the Belfast agreement, and we voted in our thousands that

:30:15.:30:17.

Northern Ireland would be part of the UK until we voted ourselves out,

:30:18.:30:22.

and that isn't going to happen any time soon. On the basis of which my

:30:23.:30:27.

constituents elected me at the general election, it was to

:30:28.:30:30.

represent them in this House. In an intervention on the minister earlier

:30:31.:30:36.

the minister rightly indicated that yes, there is a charities commission

:30:37.:30:40.

in Northern Ireland, but the charities commission in Northern

:30:41.:30:42.

Ireland has only got devolved responsible it is. The point I was

:30:43.:30:50.

making to the ministries that there are national churches across the UK,

:30:51.:30:54.

such as the National Trust. Those constituents of mine in Northern

:30:55.:31:00.

Ireland, where we have the Giant's Causeway, owned by the National

:31:01.:31:03.

Trust, and other wonderful properties, when those constituents

:31:04.:31:16.

join the National Trust online, their membership goes straight to

:31:17.:31:19.

the headquarters of the National Trust. The fact that we have a

:31:20.:31:24.

devolved charities commission in Northern Ireland does not give its

:31:25.:31:29.

national reach. The point I would make to the minister and would wish

:31:30.:31:32.

him to respond to is, when you have national charities, I mentioned the

:31:33.:31:38.

Salvation Army and the RNLI and the national headquarters are based in

:31:39.:31:44.

England, I would like the minister to kindly do my constituents the

:31:45.:31:50.

courtesy of explaining why this is designated as exclusively English

:31:51.:32:02.

only. I can reassure the honourable lady that I sit on the procedure

:32:03.:32:08.

committee, and we are looking at what is happening in this procedure

:32:09.:32:11.

and we will report back to the House. These are matters of

:32:12.:32:16.

interest, but when I have recently sat in on these consent motion is, I

:32:17.:32:22.

notice that nothing is said at all. It is incumbent that we draw our

:32:23.:32:28.

procedures and that the procedures have a purpose. The problem with

:32:29.:32:31.

Evel is that because the Conservative government has an

:32:32.:32:34.

overall majority, not one part of any bill in this parliament will be

:32:35.:32:39.

changed one iota by Evel. If there was not a Conservative majority

:32:40.:32:43.

after the next general election because other parties are opposed,

:32:44.:32:46.

it could be abolished in an afternoon. So we will be looking at

:32:47.:32:51.

these procedures carefully. We will want to be reassured that our

:32:52.:32:56.

procedures under Evel are actually changing something. I will respond

:32:57.:33:03.

briefly to the honourable lady's comments. She asked why the bill is

:33:04.:33:10.

designated as a bill for England and Wales, and that is because this bill

:33:11.:33:13.

relates in its entirety to England and Wales. On the point she raises

:33:14.:33:19.

about a charity that covers the whole of the UK, and it hardly

:33:20.:33:27.

behoves me to reiterate with passion and fulsome nurse our support for

:33:28.:33:34.

the United Kingdom, which we share, the regulation of the activities of

:33:35.:33:38.

charities in Northern Ireland is devolved. In the same way that I do

:33:39.:33:44.

not have responsibility for the activities of the Northern Ireland

:33:45.:33:50.

charities commission, which regulates activities of charities in

:33:51.:33:56.

Northern Ireland, likewise, this section of the debate is to ensure

:33:57.:34:01.

that there is consent among the MPs who are covered by this legislation

:34:02.:34:08.

for this legislation. Therefore, the reason I didn't speak at the start

:34:09.:34:14.

is because, given that this bill is clearly restricted to activities

:34:15.:34:18.

that take place in England and Wales, it is obvious that it is

:34:19.:34:23.

therefore an English and Welsh Bill for these purposes. I am grateful to

:34:24.:34:32.

the minister for allowing me to intervene. I am sorry to repeat

:34:33.:34:40.

myself, but we have legislation that is about to go through this House in

:34:41.:34:45.

its final stages which would give increased powers to the charities

:34:46.:34:50.

commission, based in England. However, if the charities commission

:34:51.:34:54.

based in England to take action against a national charity, of which

:34:55.:34:58.

my constituents are members, supporters and donors, my

:34:59.:35:05.

constituents are directly affected by the actions of the Charity

:35:06.:35:10.

commission to that charity. Am I therefore not entitled to represent

:35:11.:35:13.

the views of my constituents in this House? Of course she is about to

:35:14.:35:19.

represent the views of her constituents. That is what she has

:35:20.:35:22.

been doing in the stages of this bill. But it is also right that

:35:23.:35:29.

English and Welsh MPs have their say on this bill. I would point out that

:35:30.:35:35.

if her constituents were involved in a similar way in a charity that was

:35:36.:35:42.

headquartered in France or Germany or America or anywhere else in the

:35:43.:35:47.

world, that charity would of course be regulated in the same way as a

:35:48.:35:51.

charity based in England, by its home regulator. It is a consequence

:35:52.:36:00.

of the devolution of charities law and the actions of support for and

:36:01.:36:04.

regulation of charities to Northern Ireland that therefore, this isn't

:36:05.:36:08.

an issue for Northern Ireland, it is an issue for England and Wales and

:36:09.:36:14.

therefore under the Evel proposals, this is self-evidently in England

:36:15.:36:23.

and Wales Bill. I don't want this to become a one-way conversation, but I

:36:24.:36:26.

don't think the people in Northern Ireland would be flattered to be

:36:27.:36:29.

compared with France. I have listened studiously to the

:36:30.:36:36.

government front bench reassuring this House that this is a one-nation

:36:37.:36:41.

government. I would invite the minister to come to Northern Ireland

:36:42.:36:46.

to meet with those who contribute to charities in Northern Ireland and

:36:47.:36:51.

for the minister to explain to them why, when the government claims to

:36:52.:36:54.

be a one-nation government, that in some cases, Northern Ireland MPs

:36:55.:37:00.

don't count apart from Sinn Fein members, of course. It is self

:37:01.:37:06.

evident that if the issues in this bill relate to England and Wales as

:37:07.:37:13.

they do, then this pill should be certified as an England and Wales

:37:14.:37:20.

Bill. It is a consequence of devolution that those representing

:37:21.:37:23.

England and Wales should be able to have their vote on a bill that

:37:24.:37:29.

relates only to England and Wales. To respond to the point that my

:37:30.:37:35.

right honourable friend made earlier, the idea that anybody would

:37:36.:37:44.

unwind these provisions, which protect English and Welsh voters

:37:45.:37:48.

from having legislation imposed on them without the will of the

:37:49.:37:53.

majority of people in England and Wales, that is inconceivable in any

:37:54.:37:55.

future parliament because the reaction of those who would

:37:56.:38:02.

therefore be able to be overruled by others, who have their own devolved

:38:03.:38:06.

assemblies and parliaments, would be savage. I am a member of the

:38:07.:38:21.

procedure committee, and we were clear in our deliberations that the

:38:22.:38:26.

Speaker would make a ruling as to whether a piece of legislation fell

:38:27.:38:29.

within these protocols or not, but would not be required to give the

:38:30.:38:34.

raison d'etre for why he had made that ruling. I may be out of order

:38:35.:38:40.

in raising this is a point of order, but listening to this exchange, it

:38:41.:38:46.

feels as if the authority of the chair and the decision that Mr

:38:47.:38:50.

Speaker has taken is now being challenged. And critically, it seems

:38:51.:38:53.

to undermine what we thought was an important principle, namely that the

:38:54.:38:59.

authority of the chair should be such that a challenge would not be

:39:00.:39:03.

required and an explanation for his or her ruling would not be required

:39:04.:39:13.

either. I thank the honourable gentleman for that point of order. I

:39:14.:39:16.

would also like to remind the House that we are discussing the consent

:39:17.:39:20.

motion rather than the rights and fronds of Evel. It has been a rather

:39:21.:39:26.

two-way exchange and I have allowed the debate to go on a bit. This is

:39:27.:39:30.

my first time in the chair during a legislative grand committee. It is

:39:31.:39:34.

only the third time this has happened. But as the honourable

:39:35.:39:36.

gentleman has said, the procedure committee is looking at the Evel

:39:37.:39:42.

process in the round, and I think the honourable lady should make

:39:43.:39:45.

submission to the procedure committee. It would be good if we

:39:46.:39:49.

could now move on and discuss the consent motion, or put the question.

:39:50.:40:03.

It is indeed the Speaker's decision as to the consent motion and a

:40:04.:40:12.

decision quite rightly for him. I remind honourable members that if

:40:13.:40:16.

there is a division on the consent motion, only members representing

:40:17.:40:20.

constituencies in England and Wales may vote. This extends to expressing

:40:21.:40:25.

an opinion by calling out when the question is put. The question is

:40:26.:40:30.

that the legislative grand committee England and Wales consents to the

:40:31.:40:32.

Charities (Protection and Social Investment) Bill, Lords. As many as

:40:33.:40:36.

are of the opinion, say "aye". To the contrary, "no". The ayes have

:40:37.:40:47.

it, the ayes have it. Point of order, Sir Edward Leigh. It is

:40:48.:40:56.

terribly important that the Speaker is not dragged into controversy. May

:40:57.:41:05.

I gently point out that it is the government which initiates these

:41:06.:41:08.

consent procedures. We were told they were to be rare, because there

:41:09.:41:12.

is no point stirring up bad feeling in Northern Ireland and Scotland if

:41:13.:41:15.

it doesn't make a difference to the result of any division or any part

:41:16.:41:20.

of any bill. So I hope the government are listening and

:41:21.:41:23.

Williams use this procedure as rarely as possible. That point has

:41:24.:41:25.

been noted. Order, order. Order. The legislative grand

:41:26.:42:02.

committee England and Wales has consented to the Charities

:42:03.:42:04.

(Protection and Social Investment) Bill laws. The third reading? Now.

:42:05.:42:14.

Minister? I beg to move that this bill now be read a third time.

:42:15.:42:23.

Charities are at the very heart of our society. The vast majority of

:42:24.:42:28.

charities are run well by selfless people whose motivation is to help

:42:29.:42:33.

others. By way of example I was struck by the incredible way that

:42:34.:42:39.

charities and the local community mobilised after the devastating

:42:40.:42:41.

floods that took place in Cumbria in December. Cumbria Community

:42:42.:42:49.

Foundation set up a fund to help all those affected and it has already

:42:50.:42:54.

raised ?4 million alongside government contributions.

:42:55.:43:01.

Businesses, charities, individuals, raised funds to support the appeal.

:43:02.:43:05.

In Carlisle Bay helped renovate the local youth club devastated by

:43:06.:43:12.

floods. We owe a great debt to the charities and the volunteers who

:43:13.:43:16.

make a difference. We celebrate the work of this one example just as we

:43:17.:43:21.

celebrate our hospices, universities, housing associations,

:43:22.:43:26.

global research institutes and the many other charities, from the most

:43:27.:43:31.

local to those with worldwide reach, we salute their effort, the time,

:43:32.:43:36.

the generosity and the joy that charities give in the service of the

:43:37.:43:41.

public. This bill will help to protect this vast majority of

:43:42.:43:45.

charities from the tiny minority who would seek to abuse the benefits of

:43:46.:43:50.

charitable status and risked undermining the public's trust on

:43:51.:43:55.

which charities as a whole rely. I give way. I am grateful indeed,

:43:56.:44:05.

generally, for allowing me to intervene again. In light of the

:44:06.:44:10.

fact that he has emphasised on a number of occasions that

:44:11.:44:13.

responsibility for charities is devolved in Northern Ireland, and

:44:14.:44:16.

given the changes in this legislation, would he confirm that

:44:17.:44:22.

he will make it a top priority to be on the telephone to his counterpart

:44:23.:44:26.

in the Northern Ireland assembly to say, this is what we have done in

:44:27.:44:30.

Westminster, perhaps you can think of these changes in Northern

:44:31.:44:35.

Ireland? We will make contact with the Northern Ireland assembly to

:44:36.:44:39.

make sure we can have that communication, not least because

:44:40.:44:42.

this bill will also support charities who want to engage in

:44:43.:44:46.

social investment, which is something many can benefit from.

:44:47.:44:51.

This is a new way for charities to maximise the impact of their

:44:52.:44:54.

investments and it will better support regulation for fundraising

:44:55.:45:00.

which have been found wanting. We all support charities that week in,

:45:01.:45:04.

week output in brilliant work in our constituencies and I want to ensure

:45:05.:45:09.

the regulatory framework for charities continues to support

:45:10.:45:11.

charities like these, while continuing to support the work of

:45:12.:45:16.

the Charity Commission on robustly bearing down on few bad apples. I

:45:17.:45:21.

will touch on some of the things I hope that through the passage of

:45:22.:45:24.

this bill we will be able to deliver. First, extending trusty

:45:25.:45:31.

disqualification to better protect charities and individuals who

:45:32.:45:35.

present a known risk. I struggled during the passage of this bill to

:45:36.:45:40.

conceive how it could ever have been considered appropriate for a

:45:41.:45:43.

convicted terrorist or money-laundering to be involved in

:45:44.:45:47.

running a charity. These changes are long overdue. But I agree with the

:45:48.:45:54.

point made by my honourable friend, the member for Harborough, that we

:45:55.:46:00.

must and not undermine the vital work charities do in the

:46:01.:46:06.

rehabilitation of offenders. It will allow those to change their ways and

:46:07.:46:10.

a route back to charity trusteeship. I hope the commitments given bye-bye

:46:11.:46:16.

honourable friend, the Minister for civil Society, will provide a degree

:46:17.:46:23.

of further assurance. The National audit committee in 2013 recommended

:46:24.:46:30.

the government looks at gaps and weaknesses and we have done so. But

:46:31.:46:34.

we should be clear that this bill provides only one element of the

:46:35.:46:40.

change that is needed. The Charity Commission was established in 1853

:46:41.:46:46.

to take on a number of the court's functions in relation to charities.

:46:47.:46:50.

It was at that time a source of public concern about the misconduct

:46:51.:46:58.

in charities that led to the founding of the Charities

:46:59.:47:00.

Commission. Fast forward 150 years and its role is in many ways much

:47:01.:47:07.

the same, focused on giving public confidence in charities and we all

:47:08.:47:12.

want strong, effective, independent regulation of charities. The

:47:13.:47:16.

Charities Commission is making great strides towards this under the

:47:17.:47:21.

strong, sure-footed leadership of its chairman, William Shawcross.

:47:22.:47:26.

They are driving the transformation of the commission into a modern and

:47:27.:47:31.

effective and efficient regulator. But this change can only happen with

:47:32.:47:36.

the full commitment and support of the Charities Commission staff and I

:47:37.:47:39.

pay tribute to them for their hard work. The extension to the

:47:40.:47:46.

commission's powers in this bill had been carefully thought through and

:47:47.:47:50.

as a result public consultation, passage through this house and in

:47:51.:47:56.

the other place, we have a bill that is much improved and the commission

:47:57.:48:01.

will be equipped with the tools it needs to tackle mismanagement in

:48:02.:48:05.

charities and to do so effectively. I am assured by the range of

:48:06.:48:09.

safeguards that accompany the powers, some of which have resulted

:48:10.:48:14.

from consultation and scrutiny. Most charities will not seek a direct

:48:15.:48:19.

impact on them from the new powers in this bill. Most charities are

:48:20.:48:23.

never on the receiving end of the Charities Commission powers. But

:48:24.:48:29.

ensuring the regulator can act quickly and effectively against

:48:30.:48:38.

series of -- serious abuse, we will support them directly. For

:48:39.:48:45.

fundraising practices have the potential to undermine public trust

:48:46.:48:49.

and confidence in charities and there is sadly already evidence of

:48:50.:48:55.

reduced trust. We acted quickly, commissioning a review last summer,

:48:56.:49:00.

and I am grateful to Sir Stewart and the cross-party panel of peers who

:49:01.:49:05.

supported it. He recognised the serious risk to public trust in the

:49:06.:49:09.

charities sector generally and the need for change in the fundraising

:49:10.:49:15.

practices of some charities. Its review represents a watershed

:49:16.:49:19.

moment. I welcome the support from members opposite. We all agree there

:49:20.:49:26.

is a need for change. It really is the last chance for self-regulation.

:49:27.:49:31.

Under the leadership of Lord grade of Yarmouth it will have every

:49:32.:49:36.

chance. I hope very much at all across the charities sector are

:49:37.:49:40.

willing and able to embrace that. I do not want to have to resort to

:49:41.:49:44.

statutory regulation, but we will if we must. Now we will have the

:49:45.:49:50.

reserve powers we need in case they are needed. I welcome the important

:49:51.:49:55.

contribution on fundraising published yesterday by the public

:49:56.:49:58.

administration and Constitutional affairs Select Committee. The

:49:59.:50:05.

honourable member has followed these proceedings closely and will need to

:50:06.:50:08.

carefully consider the report before responding fully. But we agree with

:50:09.:50:14.

the central finding that it will be a sad and inexcusable failure for

:50:15.:50:21.

charities should statutory regulation become necessary. The

:50:22.:50:26.

bill will help charities who want to get involved in this exciting new

:50:27.:50:32.

area. We are committed to social investment. The UK is a world leader

:50:33.:50:38.

in this respect. It will help charities to play a bigger role. I

:50:39.:50:42.

am pleased there is a review provision in the bill that after

:50:43.:50:46.

three years will enable Parliament to look back at the provisions to

:50:47.:50:50.

see the impact they have had. I hope that that is a happy occasion. This

:50:51.:50:55.

bill and the improvements it will bill would not have been possible

:50:56.:50:58.

without a huge amount of hard work from many people. I pay tribute to

:50:59.:51:05.

my honourable friend, the member for Reading East, and my noble friend

:51:06.:51:13.

Lord Bridges of Headley. Charities law can be fiendishly complex and

:51:14.:51:18.

they have not only grasped those complexes, but they have explained

:51:19.:51:22.

them to members of both houses. They have met a wide range of

:51:23.:51:26.

stakeholders and have discuss all aspects of the bill. I want to thank

:51:27.:51:30.

my officials from the Cabinet Office and from the Charities Commission

:51:31.:51:34.

who supported the bill's passage. My honourable friend the member for

:51:35.:51:41.

Saint organs and the member for Leeds, North East, also I want to

:51:42.:51:45.

thank the honourable member for Redcar and the noble Baroness of

:51:46.:51:53.

Kentish Town. We have not agree on everything, but the rows have tended

:51:54.:51:57.

to be about things that were not in the bill. But we have the shared aim

:51:58.:52:02.

of protecting charities and ensuring the Charities Commission has the

:52:03.:52:06.

right powers independently and effectively to regulate charities.

:52:07.:52:10.

The debates have been constructive and positive and in my view an

:52:11.:52:17.

example of the House at its best. Particular recognition should go to

:52:18.:52:21.

the joint committee on the job protection of Charities Bill that

:52:22.:52:23.

undertook pre-legislative scrutiny under the wise chairmanship of my

:52:24.:52:31.

noble and learned friend Lord Hope. Their pre-legislative scrutiny

:52:32.:52:33.

resulted in a number of improvements before the bill was introduced. I

:52:34.:52:39.

thank the Law Commission for their work, their expertise was important

:52:40.:52:44.

to get the detail right. I want to pay enormous thanks to all others

:52:45.:52:48.

who contributed in any other way. Finally, I want to thank my noble

:52:49.:52:56.

friend Lord Hodgson whose prescient 2012 review identified many of the

:52:57.:52:59.

weaknesses in fundraising self-regulation that are now being

:53:00.:53:06.

addressed both through this bill and implementation of the Etherington

:53:07.:53:09.

Bill more broadly. That work showed the path we have followed and we

:53:10.:53:16.

will approve, I hope is a house today. This bill has broad support

:53:17.:53:21.

through the long process of consultation and scrutiny. We have

:53:22.:53:25.

listened and active where we have heard ideas to strengthen the bill

:53:26.:53:29.

and added additional safeguards. The bill will support and protect a

:53:30.:53:34.

strong, independent charities sector that is so important to the way of

:53:35.:53:38.

life in Britain and I commend it to the House. Thank you, Madam Deputy

:53:39.:53:47.

Speaker. It has been a privilege to serve on this bill on behalf of her

:53:48.:53:54.

Majesty's opposition. I would like to pay tribute to all the civil

:53:55.:53:57.

servants and the clerks of this house and I would like to thank all

:53:58.:54:00.

of those on the bill committee who gave up so much of their time to

:54:01.:54:05.

scrutinise this bill in a constructive and positive way. I

:54:06.:54:09.

would like to thank the Minister and his team for the open and

:54:10.:54:13.

cooperative approach. Disappointed as I am, although not surprised,

:54:14.:54:23.

that we did not have any of our amendments implemented, I would like

:54:24.:54:29.

to put on record my thanks to the Minister for clarifying certain

:54:30.:54:32.

points. Particularly the fact that the Charities Commission will give

:54:33.:54:39.

14 days notice in most circumstances to issuing a warning. That is

:54:40.:54:44.

helpful. It is also helpful to hear him clarify that the Charities

:54:45.:54:48.

Commission do not see themselves as having the power to direct as a

:54:49.:54:53.

result of this warning. It is important that they intend to notify

:54:54.:54:57.

the charity itself of the reasons a warning has been withdrawn which

:54:58.:55:00.

will enable the public record to be set straight. I would also like to

:55:01.:55:08.

thank all of those members who have participated in debating this bill,

:55:09.:55:11.

both here and in the other place. I would also like to thank Baroness

:55:12.:55:19.

Hater of Kentish Town. They did sterling work and the bill is all

:55:20.:55:24.

the better for their expertise. Many members of the House bring a great

:55:25.:55:29.

deal of experience and knowledge of the sector, and is history and its

:55:30.:55:34.

Elizabethan law. I would like to thank those for whom this bill is

:55:35.:55:39.

for. The millions of people in this country to give up their time to

:55:40.:55:44.

volunteer, to fund raise, donate and support in many other ways Britain's

:55:45.:55:50.

charitable and voluntary sector. Britain is the most generous

:55:51.:55:52.

developed country in the world and we should be proud of the

:55:53.:55:56.

extraordinary things done by extraordinary people in this sector

:55:57.:56:01.

every day. But there is no doubt the charities sector has been through a

:56:02.:56:07.

rocky period. Alongside shrinking funding, ever-growing demand for

:56:08.:56:12.

services and support they provide an ever increasing public scrutiny,

:56:13.:56:15.

there have been a series of high-profile and deeply damaging

:56:16.:56:20.

cases. They have had significant repercussions on the sector as a

:56:21.:56:25.

whole. I believe the sector has taken swift and positive action to

:56:26.:56:29.

respond to these cases, but it is right parliamentarians do our bit to

:56:30.:56:35.

make sure we have the regulatory framework they need to enable them

:56:36.:56:40.

to fulfil their charitable objectives, to maintain the

:56:41.:56:43.

integrity and to maintain strong public support. That is what this

:56:44.:56:48.

bill seeks to do. That is why we have supported it. It is vital we

:56:49.:56:53.

get this framework right and the powers in this bill are here to

:56:54.:56:57.

serve and support and empower charities to thrive and flourish,

:56:58.:57:04.

Charities are independent, and rightly so. They work with many of

:57:05.:57:09.

the most vulnerable and challenging people. Many work in the most

:57:10.:57:15.

dangerous places. Charities have to be able to take risks. They have to

:57:16.:57:20.

be able to innovate and shape new thinking and challenge prejudice.

:57:21.:57:24.

They have to be able to find new answers to some of the biggest

:57:25.:57:27.

challenges we face in the world, where politicians too often fall

:57:28.:57:31.

short. Regulating a sector like this is not easy. Getting the balance of

:57:32.:57:35.

regulation right is therefore critical if we are not to damage or

:57:36.:57:39.

that is good about this sector. Throughout this bill, we have raised

:57:40.:57:43.

a number of concerns and although our amendments have not been taken

:57:44.:57:46.

up, we will continue to scrutinise and monitor the government. There

:57:47.:57:51.

are four areas I want to set out as we read this bill for the third time

:57:52.:57:54.

where our concerns have not emerged and where we will continue to

:57:55.:57:57.

monitor progress. Thirsty, the new powers afforded to the Charity

:57:58.:58:01.

commission. We have tried throughout the passage of this bill against

:58:02.:58:05.

some concessions to the new power for the commission to give warnings

:58:06.:58:09.

to charities. There is a danger, as the honourable member for the City

:58:10.:58:15.

of London punted out, of self-fulfilling bureaucracies, and

:58:16.:58:18.

when you put that together with reduced budgets, there is a big onus

:58:19.:58:21.

on the commission to deliver in an ever more challenging environment.

:58:22.:58:28.

The minister has insisted that powers will be used proportionately.

:58:29.:58:32.

We believe this places a substantial burden of judgment on the

:58:33.:58:35.

commission, without having achieved any more safeguards on the face of

:58:36.:58:39.

the bill. We hope he will be proved correct. Warnings which are meant

:58:40.:58:43.

for low-level issues could, particularly when published, have a

:58:44.:58:47.

significant effect choking off donations and the reputational

:58:48.:58:50.

damage could be significant, even terminal to a charity. We would like

:58:51.:58:54.

to see the right of appeal awarded to the charity 's tribunal. We would

:58:55.:58:58.

like to prevent warnings from being published or whether details were

:58:59.:59:01.

published, for the charity not to have been identified. I was grateful

:59:02.:59:04.

to the minister for his clarification that the charities

:59:05.:59:07.

commission will not be a bitter director Charity on the back of the

:59:08.:59:11.

warning. This would have been a significant shift in the

:59:12.:59:13.

relationship and independence of charities. We will watch the use of

:59:14.:59:16.

these warnings with care as the powers become implement it.

:59:17.:59:21.

Secondly, on the powers relating to charity trustees, these are

:59:22.:59:24.

important to get right. We were pleased to see the amendment of the

:59:25.:59:27.

Lords which expanded the restrictions on charity positions to

:59:28.:59:30.

those on the sex offenders register, but like the honourable member for

:59:31.:59:35.

harbour, and as we also raised in committee, we still have concerns

:59:36.:59:38.

that the detail has not been sufficiently worked through as

:59:39.:59:42.

regards charities that work in the criminal justice system and which

:59:43.:59:44.

work closely with current and ex-offenders for the purpose of

:59:45.:59:48.

their charitable aims. So I welcome the minister's pledged to work

:59:49.:59:52.

closely to see this through. On the fundraising powers, we believe the

:59:53.:59:54.

sector has made great strides in relation to the recommendations in

:59:55.:59:59.

the review, and this legislation supports that progress with improved

:00:00.:00:03.

reporting and monitoring, whilst maintaining the self-regulation of

:00:04.:00:07.

the sex. It is right that people's privacy is respected, that people

:00:08.:00:13.

are not placed under undue pressure and that vulnerable people are

:00:14.:00:18.

protected, all of which this bill sets standards for. We will watch

:00:19.:00:22.

this space carefully to see whether back-up power is the minister added

:00:23.:00:26.

to the bill which we support will be required. Again, we hope not. An

:00:27.:00:31.

elite, I come to the freedom to campaign, which we have tried

:00:32.:00:34.

unsuccessfully to tackle in the passage of this bill. I am afraid

:00:35.:00:37.

this is where the minister and I will not see I do I. We on this side

:00:38.:00:42.

remain omitted, as was shown by the vote today, to the Denswil of the

:00:43.:00:46.

right of charities to campaign and influence the little process as a

:00:47.:00:49.

vital part of healthy democracy and integral to the concept of society.

:00:50.:00:54.

As we have discussed already today, charities are in the best place to

:00:55.:00:58.

identify problems in public policy, as they are so often the ones

:00:59.:01:02.

picking up the pieces of political policy failures. They see the waste.

:01:03.:01:07.

They see the opportunity to prevent problems, and they can achieve their

:01:08.:01:11.

charitable aims more successfully if they can help shape the decisions

:01:12.:01:14.

which affect the people in the communities they support. But we see

:01:15.:01:18.

before us and a Liberal government that is scared to be open to

:01:19.:01:23.

scrutiny, a government that has railroaded important proposals like

:01:24.:01:26.

this credit changes, fracking and student grants through Parliament

:01:27.:01:32.

without debate, that scrap targets it knows it will not rich, a

:01:33.:01:36.

government that sees the Freedom of Information Act as an irritant on

:01:37.:01:39.

the Human Rights Act as an inconvenience, that refuses to

:01:40.:01:42.

publish Cabinet papers and has no problem with millions of people

:01:43.:01:46.

dropping off the electoral register. Charities are the latest victims of

:01:47.:01:49.

a government which rides roughshod over the legitimate voices of civil

:01:50.:01:54.

society. The lobbying act was part of this fundamentally illiberal

:01:55.:01:58.

approach and an attempt to gag charities by a government vehicle of

:01:59.:02:02.

public scrutiny. It is a shame the government did not use the

:02:03.:02:05.

opportunity we gave them today, with the passage of this bill, to put

:02:06.:02:11.

right that wrong. In these areas, we will continue to hold this

:02:12.:02:14.

government to account. We will watch the implementation of this bill and

:02:15.:02:17.

in particular the balance of power between charities and the

:02:18.:02:21.

commission. But we believe that fundamentally, this bill does

:02:22.:02:24.

provide a good regulatory framework for the charitable sector, which if

:02:25.:02:28.

used well will enable charities in Britain not just to survive in this

:02:29.:02:31.

challenging time, but also hopefully to flourish. I am delighted to be

:02:32.:02:39.

able to speak today on this important bill as it goes through

:02:40.:02:43.

its third reading. I believe this bill will protect the government

:02:44.:02:48.

governance of our charities. As a new member, it has been important

:02:49.:02:51.

for me to take part in all stages of this bill in this place. I was

:02:52.:02:56.

delighted to be part of the Bill committee and see the process is

:02:57.:03:01.

there. It was a good learning curve for me. Our charities play an

:03:02.:03:04.

important role across our nation, and I believe we are stronger for

:03:05.:03:08.

the extensive work they carry out. We would be poorer as a nation if we

:03:09.:03:12.

did not have our amazing charities and their hard-working trustees,

:03:13.:03:17.

volunteers and staff. It is literally millions of volunteers who

:03:18.:03:23.

make a difference. 41% of people have reported taking part in

:03:24.:03:27.

volunteering in the last year. That is a massive 21 million people

:03:28.:03:32.

across the UK. And we are the home of some of the world's greatest

:03:33.:03:36.

charitable fundraisers, such as Children In Need, Comic Relief,

:03:37.:03:40.

Sport Relief and of course Live Aid. Closer to my home in my constituency

:03:41.:03:45.

of Burwash, I have some amazing local charities. The Kent and trust

:03:46.:03:51.

is a charity that raises money and supports the homeless. On the 1st of

:03:52.:03:54.

April, I will be taking part in their sleep out for the third year.

:03:55.:04:01.

I hope we do not have snow that they make me a complete full on the 1st

:04:02.:04:06.

of April but will so have tree tops hospice, which provides care at home

:04:07.:04:09.

rather hospital beds for those at the end of their lives. Home start

:04:10.:04:15.

Erewash supports many local families. Community concern Erewash

:04:16.:04:20.

provides a luncheon club and services such as a laundry service

:04:21.:04:24.

and decorating for those who can no longer do it for themselves. And we

:04:25.:04:29.

have a Hospital league of friends that raises money for the added

:04:30.:04:34.

extras that are needed to help the patients enjoy their stay in

:04:35.:04:37.

hospital more than they would have done otherwise. And we have a

:04:38.:04:43.

theatre which is also a charity. I have taken part in the audience

:04:44.:04:47.

there at some amazing productions. Those are just a few of the

:04:48.:04:50.

charities that make a huge difference to the lives of many

:04:51.:04:54.

across my constituency. I would like to put on record how much their

:04:55.:05:04.

efforts are appreciated. Towards the end of last year, I started a

:05:05.:05:10.

volunteering day, and I am going to make it an annual event. Each member

:05:11.:05:14.

of my staff took a day's collared and went to a chosen charity to work

:05:15.:05:19.

with that charity and find out what it contributes to the local

:05:20.:05:25.

environment. They all found it a fascinating experience, and I will

:05:26.:05:29.

be doing it year-on-year. I think the charities gain from it, and my

:05:30.:05:35.

staff did as well. I think some residents will be taking part in

:05:36.:05:39.

future years as well. The message that came back was that it was not

:05:40.:05:43.

just about what my staff could give, but what they received back as well.

:05:44.:05:48.

Anybody who has taken part in any sort of charitable function were no

:05:49.:05:55.

that you give a bit, but you receive so much back. It is the same for

:05:56.:06:00.

trustees. They play an important part in charity. In the past, I have

:06:01.:06:04.

been a trustee for quite a number of charities. Before being appointed a

:06:05.:06:13.

trustee, on occasions I went through quite a rigorous selection process,

:06:14.:06:18.

and rightly so, because a trustee has a very responsible position.

:06:19.:06:22.

Sadly, we have heard some bad news stories recently of instances where

:06:23.:06:26.

trustees may not have been as scrupulous as they should have been.

:06:27.:06:29.

This should not happen, as it reflects badly on undeservedly on

:06:30.:06:35.

every charity across the board, even those not involved. But I must

:06:36.:06:41.

stress that these occurrences are rare, and we must do what we can to

:06:42.:06:45.

stop it happening. That is why I support this bill and its aim to

:06:46.:06:48.

strengthen governance and give more powers to the Charity commission to

:06:49.:06:52.

remove inappropriate trustees. I also support the other measures in

:06:53.:06:56.

this bill for example, to protect the public from unscrupulous and

:06:57.:07:00.

assistant fundraisers who have played the elderly on the vulnerable

:07:01.:07:06.

in our society. In fact, my parents, as they got older and older, started

:07:07.:07:10.

to change the way they donated to charities, because they were so

:07:11.:07:14.

acutely aware of the bombardments that they started to get from

:07:15.:07:20.

charities if they gave their contact details out. They were getting

:07:21.:07:23.

continuous phone calls. They managed to stop that, but it changed the way

:07:24.:07:28.

they supported charities, by not giving their personal details and

:07:29.:07:32.

donating more in cash. That should not be the case. But such bad

:07:33.:07:39.

practice only result in all charities being tarred with the same

:07:40.:07:41.

brush, so I welcome the introduction of the fundraising preference

:07:42.:07:48.

service that we have heard about. I will be supporting this bill in its

:07:49.:07:52.

third reading, as I believe it is good for the public, it is good for

:07:53.:07:57.

volunteers and for donors. It is good for trustees and staff, and

:07:58.:08:02.

good for charities as a whole, small or large. They all play an important

:08:03.:08:06.

role in our society. I will be supporting this bill tonight.

:08:07.:08:19.

I am delighted to sum up briefly on behalf of the SNP benches. I hope my

:08:20.:08:26.

honourable friend from Northern Ireland will agree with some of what

:08:27.:08:29.

I'm about to say. I'm grateful to the minister for giving verification

:08:30.:08:32.

in terms of fundraising in Scotland, but it does not go to the heart of

:08:33.:08:38.

the matter. This does impact on charitable and civic society across

:08:39.:08:41.

these islands. I heard much about how this adds to Britain's voluntary

:08:42.:08:45.

sector, yet this is an English and Welsh only built, which is

:08:46.:08:49.

commendable, because there is much to be commended in the legislation

:08:50.:08:54.

itself. But when it comes to Scotland, let's be clear that it

:08:55.:08:57.

will be for the Scottish parliament alone to legislate on these matters,

:08:58.:09:02.

as has been answered by the minister. In terms of trusteeship, I

:09:03.:09:10.

hope it does improve volunteering, as the honourable member said a

:09:11.:09:16.

moment ago. Volunteering is going down. Let's look at the statistics

:09:17.:09:21.

since the Olympic Games. There have been subtle drops involuntary across

:09:22.:09:24.

all age ranges, not only in England and Wales, but in the rest of these

:09:25.:09:30.

islands -- drops in volunteering. We must seek to remove barriers for

:09:31.:09:33.

just two trusteeship, but to volunteering itself. I hope this

:09:34.:09:38.

legislation will not be a barrier to volunteering and we will see people

:09:39.:09:43.

coming forward to trusteeship as a volunteering opportunity. But at the

:09:44.:09:54.

moment, that is not happening. If I may ask for the indulgence of the

:09:55.:09:56.

House to speak about somebody who has done an amazing amount for

:09:57.:10:00.

charities, to Henry Worsley was a colleague of mine in the Armed

:10:01.:10:05.

Forces alongside whom I served in Afghanistan. He sadly lost his life

:10:06.:10:09.

recently in southern Chile, having walked the most amazing route across

:10:10.:10:13.

Antarctica, only to die two days before finishing his goal. It is

:10:14.:10:19.

people like him who set the example for our charitable sector, who

:10:20.:10:25.

pushed the field that bit further, that bit longer. Our charitable

:10:26.:10:30.

sector has gone further than our state can ever go and has gone

:10:31.:10:37.

further than our society imagined it could accept in looking after those

:10:38.:10:41.

who are most vulnerable, in need and lonely. It is right that our

:10:42.:10:45.

charitable sector fills that gap because there is no way the state

:10:46.:10:51.

can adapt in so many ways to fill the nooks and crannies which are

:10:52.:10:57.

left by the loneliness, the broken homes and the vulnerabilities of

:10:58.:11:03.

servicemen, disabilities or whatever it is that your interest falls upon.

:11:04.:11:11.

So it is great that today, we are recognising that only the importance

:11:12.:11:13.

of the charitable sector in this debate, but we are welcoming the

:11:14.:11:19.

changes that will keep it on a safe footing on the basis of trust and

:11:20.:11:25.

understanding across England and Wales, but I hope with a model that

:11:26.:11:29.

will be copied in Northern Ireland and Scotland. Charities fulfil that

:11:30.:11:35.

role. If I may finish Iffley with one last tribute to Henry, my

:11:36.:11:42.

friend. He really did always go that little bit further. He was the

:11:43.:11:48.

pilgrim. He went beyond a Blue Mountains of snow. In his last

:11:49.:11:52.

podcast, he said his summit was just out of reach. But it is true now

:11:53.:11:57.

that he has taken the golden road to summer camp. That was a poem that

:11:58.:12:01.

members of his own regiment would have known well, and I know we are

:12:02.:12:05.

all thinking of his family today and his friends. I welcome the

:12:06.:12:08.

opportunity to pay him tribute in this House.

:12:09.:12:18.

I intend to be very brief with my comments. I have had a long session

:12:19.:12:27.

earlier on, so I feel I have been spoiled today. I am grateful to all

:12:28.:12:30.

those honourable members who have spoken today and to have contributed

:12:31.:12:35.

their extensive knowledge and expertise to the bill throughout its

:12:36.:12:39.

development and passage. I would like to say a few words of thanks. I

:12:40.:12:45.

would like to thank all members of the Public Bill Committee. After

:12:46.:12:50.

getting off to a slow start we got into lively and engaging debates as

:12:51.:12:54.

we progress. I would also thank the chairs of the Public Bill Committee,

:12:55.:13:02.

for giving us on the straight and narrow. I congratulate him again on

:13:03.:13:08.

his promotion in the Shadow Cabinet. I said at the honourable member for

:13:09.:13:14.

Redcar four thanks. We have not agreed on everything, but we have

:13:15.:13:18.

agreed on many of the provisions and the importance of an independent

:13:19.:13:22.

regulator of charities with the right tools to do the job. Even

:13:23.:13:26.

where we have disagreed our debates have been good natures and

:13:27.:13:30.

constructive. At least I thought they had been. My honourable friend,

:13:31.:13:37.

the member for Harborough, made the important contribution to ensure we

:13:38.:13:42.

do not damage the important work of rehabilitation charities. I thank

:13:43.:13:46.

him for making his point so well. I should mention the important

:13:47.:13:51.

contributions made by my honourable friend the member for Harwich and

:13:52.:13:56.

North Essex and the Select Committee. It's timely report

:13:57.:14:02.

yesterday highlights the need for action and I welcome its conclusion

:14:03.:14:06.

that charities get one last chance for self-regulation. Also on

:14:07.:14:11.

fundraising, Sir Stuart Etherington is owed a debt of gratitude for his

:14:12.:14:17.

report, supported by Lord Lee of Hurley and Lord Wallace of Saltaire.

:14:18.:14:22.

Their report sets the future landscape for fundraising regulation

:14:23.:14:27.

and gives charities the chance to put things right. I paid thanks to

:14:28.:14:32.

my officials from the Cabinet Office and officials from the Charity

:14:33.:14:36.

Commission who have supported the passage of the bill throughout its

:14:37.:14:39.

development and Parliamentary passage. We are fortunate indeed to

:14:40.:14:44.

have such high quality public servants. I thank all those

:14:45.:14:47.

charities and representative groups who have contributed their views on

:14:48.:14:52.

the bill. I like to single out the charity the law Association, and the

:14:53.:15:02.

Charity Finance Group, and for several charities for their

:15:03.:15:06.

considered comments. We have not accepted all their points, but the

:15:07.:15:10.

bill has improved due to their contributions. It now falls on the

:15:11.:15:12.

Charities Commission to implement the bill's proposals and I am sure

:15:13.:15:19.

under William Shawcross's leadership that will be the case. There is

:15:20.:15:23.

provision for the bill to be reviewed in three years' time,

:15:24.:15:28.

something I am sure we are all looking forward to it immensely. I

:15:29.:15:33.

am sure there are many others I have missed out who have had an important

:15:34.:15:37.

hand in this bill, and in which case I apologise for not giving them a

:15:38.:15:43.

specific mention. This bill has been improved following scrutiny of its

:15:44.:15:46.

draft form and following scrutiny in this house and in the other place.

:15:47.:15:57.

It will help to underpin public trust and confidence in charities

:15:58.:16:00.

and make sure they continue in their place at the heart of our society. I

:16:01.:16:03.

commend this bill to the House. The question is that the bill be read

:16:04.:16:06.

for a third time. As many as are of the opinion, say "aye". To the

:16:07.:16:13.

contrary, "no". The ayes have it. I will take motions five and six

:16:14.:16:18.

separately on this occasion. The clerk on duty looks quizzical. She

:16:19.:16:23.

might have thought I was about to suggest taking them together, but

:16:24.:16:27.

there is good reason not to take them together. We will take them

:16:28.:16:34.

separately. Motion number five on representation to the people. The

:16:35.:16:37.

question is as on the order paper. As many as are of the opinion, say

:16:38.:16:41.

"aye". To the contrary, "no". The ayes have it. Motion number six. Not

:16:42.:16:52.

move. Petition, Sir Edward Garnier. I rise to carry out my duty as the

:16:53.:16:57.

member of Parliament for Harborough to present a petition on behalf of a

:16:58.:17:01.

number of my constituents who disapprove of an object to the

:17:02.:17:09.

negotiations between the European Union and the United States in

:17:10.:17:15.

relation to the transatlantic trade and investment partnership. The

:17:16.:17:21.

petition reads as follows. It declares that the European Union and

:17:22.:17:25.

the United States of America should stop negotiating the transatlantic

:17:26.:17:31.

and trade and investment partnership, further that the

:17:32.:17:33.

economic trade agreement between the EU and Canada should not be ratified

:17:34.:17:38.

and an online petition on this matter was signed by 330 residents

:17:39.:17:44.

of Harborough. They request the House of commons urges the

:17:45.:17:46.

government to put pressure on the EU and its member states to stop

:17:47.:17:51.

negotiations on the transatlantic trade and investment partnership and

:17:52.:17:55.

not to ratify a comprehensive economic trade agreement.

:17:56.:18:08.

In addition, transatlantic trade and investment partnership. Order, we

:18:09.:18:19.

come to the adjournment. I beg to move. The question is that this

:18:20.:18:26.

house now the Germans. Mr Andrew Mitchell. I am most grateful, Mr

:18:27.:18:34.

Speaker, for granting me this debate on a matter of great importance to

:18:35.:18:39.

my constituents. They will note and be honoured that you are yourself in

:18:40.:18:46.

the chair for this important debate. The extraordinary and hugely

:18:47.:18:52.

controversial proposal to build 6000 houses on Royal Sutton Coldfield's

:18:53.:18:58.

green belt is as obnoxious to my constituents as it is unnecessary in

:18:59.:19:00.

the context of the overall Birmingham development plan. No

:19:01.:19:06.

comprehensive case has been made for this destruction of our green belt

:19:07.:19:11.

and officials from Birmingham City Council have relied upon in Russia

:19:12.:19:16.

and the feeling that resistance is futile as a best means for pursuing

:19:17.:19:23.

these ill thought through proposals. Nor, as the minister will know, is

:19:24.:19:27.

this only happening in Royal Sutton Coldfield. Labour councils are

:19:28.:19:34.

pursuing similar, ill-conceived proposals in Conservative

:19:35.:19:37.

constituencies outside Leeds, Manchester and Nottingham, as well

:19:38.:19:41.

as outside Birmingham in my constituency. But the people in

:19:42.:19:46.

Sutton Coldfield have spoken out in their thousands and are confident in

:19:47.:19:50.

the government's commitment to true localism and in the fact these plans

:19:51.:19:54.

run counter to the National planning policy framework as the Minister for

:19:55.:19:59.

Housing himself has confirmed in his statements about the green belt. We

:20:00.:20:06.

have approached our various different community campaigns in

:20:07.:20:09.

Sutton Coldfield with some confidence and a modest record of

:20:10.:20:13.

success. We fought the boundary commission's plans to dismember our

:20:14.:20:19.

ancient, Royal town and ultimately secured one of the very few changes

:20:20.:20:23.

the boundary commission made in its national proposal anywhere in the

:20:24.:20:28.

country. We fought to reassert our royal status and thanks to the

:20:29.:20:34.

support of many, most particularly my right honourable friend for Royal

:20:35.:20:38.

Tunbridge Wells, we successfully concluded this campaign in

:20:39.:20:43.

Parliament on the 12th of June, 2014. Local campaigners fought

:20:44.:20:48.

successfully fought our royal town Council, which although not yet in

:20:49.:20:52.

perfect form will be set up before May this year. We fought, Mr

:20:53.:20:57.

Speaker, the disgraceful and destructive Labour Prescott law

:20:58.:21:02.

which allowed in filling and back garden development in our royal town

:21:03.:21:08.

to be treated as brown land, something which the Coalition

:21:09.:21:10.

Government overturned as soon as it was elected in 2010, not least

:21:11.:21:17.

following Sutton Coldfield's trenchant campaign. But I must make

:21:18.:21:21.

clear to the House and to the Minister that in Sutton Coldfield we

:21:22.:21:26.

are not proponents of nimbyism. We fully understand and we actively

:21:27.:21:31.

support the view that more homes must be built if future generations

:21:32.:21:36.

are to enjoy the same housing opportunities that our generation

:21:37.:21:41.

has enjoyed. This is why Sutton Coldfield councillors have

:21:42.:21:45.

consistently accepted planning applications which increased the

:21:46.:21:49.

density of housing in Sutton, most recently over the vexed issue of

:21:50.:21:54.

Brassington Avenue. Indeed, we accept that were Aston Martin choose

:21:55.:22:00.

to come to Paddy Moore in my constituency, something we hope they

:22:01.:22:07.

decide to do, development will take place in area D of the green belt

:22:08.:22:10.

under the current plan. We have always said that work area deemed

:22:11.:22:16.

necessary for economic development which would provide jobs and

:22:17.:22:21.

employment for the future, then we accept it in the greater local

:22:22.:22:29.

interest. But equally our green belt in Sutton Coldfield was bequeathed

:22:30.:22:32.

to us by past generations and we should think with extraordinary care

:22:33.:22:38.

before allowing it to disappear for ever under bricks and mortar. Once

:22:39.:22:47.

built on it can never be restored for future generations and the

:22:48.:22:51.

Minister will also note that in the West Midlands we have less green

:22:52.:22:55.

belt than in any other region of the country. I happily give way to my

:22:56.:22:58.

honourable friend and Parliamentary neighbour. I am very grateful to the

:22:59.:23:05.

right honourable friend and indeed my constituency neighbour. Would he

:23:06.:23:10.

agree with me that the green belt is an integral part of the beauty and

:23:11.:23:15.

everything that makes up our neighbouring constituencies and is

:23:16.:23:22.

valued by our communities? My honourable friend is absolutely

:23:23.:23:26.

right in what she says. Mr Speaker, throughout this campaign there have

:23:27.:23:31.

been significant campaigning events and marches over the green belt

:23:32.:23:36.

involving hundreds of my constituents. I have addressed

:23:37.:23:40.

meetings attended by over 1000 people in my constituency. Royal

:23:41.:23:45.

Sutton's Conservative councillors have campaigned vigorously against

:23:46.:23:50.

Birmingham's proposals. I pay particular tribute to a project lead

:23:51.:23:56.

so brilliantly by a local campaigner, Suzanne Webb, and to the

:23:57.:24:03.

three councillors in Newhall whose constituents are most directly

:24:04.:24:11.

affected by these proposals. More than 6000 people from our town have

:24:12.:24:14.

written directly opposing these proposals. All have been ignored.

:24:15.:24:24.

Consultation processes held in holiday periods, ill considered

:24:25.:24:27.

comments by Labour councillors that it was all a done deal and that

:24:28.:24:32.

protest was futile did nothing to deter the sense of local anger and

:24:33.:24:38.

injustice. Mr Speaker, this campaigning of ours is localism writ

:24:39.:24:43.

large. It is the big society made flesh. But my constituents have been

:24:44.:24:50.

wilfully ignored by council officials, ever courteous of course,

:24:51.:24:54.

as officials have been dispatched to inform us of their political

:24:55.:24:58.

master's decision rather than to consult us and advised us resistance

:24:59.:25:04.

is hopeless as this Labour inspired juggernaut rested upon us all in

:25:05.:25:11.

Sutton Coldfield. We have been very constructive in advancing

:25:12.:25:14.

alternative ideas, propositions and compromises, none of which have even

:25:15.:25:17.

received the courtesy of a serious response. There are huge

:25:18.:25:23.

opportunities to maximise Brownfield sites in Birmingham and examples of

:25:24.:25:30.

how to build new and fulfilling inner-city communities with proper

:25:31.:25:35.

infrastructure and opportunity. Such developments could make a

:25:36.:25:38.

significant contribution to Birmingham in its emerging role as a

:25:39.:25:44.

key part of the Midlands engine. There are between 40000 and 50,000

:25:45.:25:48.

existing Brownfield opportunities in Birmingham. Alas, my calls for an

:25:49.:25:55.

independent audit of Brownfield land in Birmingham fell on deaf Labour

:25:56.:26:00.

years. There are new areas within the local enterprise partnership

:26:01.:26:05.

which seek house building as part of their strategy for economic growth

:26:06.:26:10.

and for new jobs. Again, no comprehensive audit of these has

:26:11.:26:14.

been carried out. There is the enormous opportunity to build as

:26:15.:26:21.

many as 8300 homes, more than the entire number with which our green

:26:22.:26:27.

belt in Sutton is threatened. Most importantly, I have put forward a

:26:28.:26:30.

compromise proposal that there should be a moratorium of between

:26:31.:26:36.

8-10 years while the rest of Birmingham council's building plans

:26:37.:26:41.

take shape before there is any question of building on our green

:26:42.:26:45.

belt in Sutton Coldfield. This will allow us to take account of updated

:26:46.:26:51.

figures and up-to-date developments, not least the inward immigration

:26:52.:26:55.

figures for Birmingham which each time they are examined very by a

:26:56.:27:00.

multiple of the 6000 homes with which we are threatened.

:27:01.:27:07.

This will allow for further consultation in 2023, based on

:27:08.:27:11.

updated figures for housing needs throughout the wider area. It might

:27:12.:27:17.

then arm officials in Birmingham with credible arguments for building

:27:18.:27:22.

on the green belt, but such arguments are wholly absent today.

:27:23.:27:28.

Royal Sutton golf is an ancient royal town with more than a thousand

:27:29.:27:34.

proud years of history -- royal Sutton Cole for it. This is a

:27:35.:27:37.

proposed destruction of our green belt, the sheer scale of which is

:27:38.:27:49.

not easy to describe. Showing himself to be a strong advocate for

:27:50.:27:52.

his constituency. I wonder if he would join with me. I am disturbed

:27:53.:27:56.

by what I have heard in his speech, but I am surprised. This may add

:27:57.:28:04.

more fuel to the fire in terms of his proposal to break Birmingham

:28:05.:28:09.

City up into its constituent parts. That is perhaps for another day, but

:28:10.:28:16.

I agree with Mike Honourable friend, who understands why such a proposal

:28:17.:28:20.

could mix of trade conclusion to good local governance. But I was

:28:21.:28:25.

saying that the proposed destruction of our green belt is not easy to

:28:26.:28:30.

describe, in the sense of its sheer scale. The imposition of a colossal

:28:31.:28:34.

6000 homes adjacent to our town would be impossible for us to

:28:35.:28:39.

absorb, a wholly inedible labour dump of concrete which would change

:28:40.:28:45.

forever the character of Sutton Coldfield, with huge infrastructure

:28:46.:28:53.

consequences which are barely -- have barely received the slightest

:28:54.:28:57.

attention. For example, our local hospitals, which would undoubtedly

:28:58.:29:00.

be affected by these monstrous proposals, have not even been

:29:01.:29:04.

consulted on these plans. The effects on schools and health care

:29:05.:29:09.

and other amenities have hardly been considered, and the huge

:29:10.:29:14.

implications and strain imposed on our transportation systems,

:29:15.:29:17.

alongside the knock-on effect on other communities is barely

:29:18.:29:22.

understood, let alone addressed. I say to the minister, the people of

:29:23.:29:27.

Sutton Coldfield have cried out against these proposals with an

:29:28.:29:32.

articulate, unanimous and mighty voice. The government has a

:29:33.:29:36.

commitment to hear them. We demand that the government step in to

:29:37.:29:41.

resist these plans. We offer our compromise proposal for an

:29:42.:29:45.

eight-year moratorium on this aspect of the overall plan, and we do so in

:29:46.:29:51.

a spirit of goodwill, for the sake of our town and for future

:29:52.:29:57.

generations. We understand the importance of building more homes

:29:58.:30:02.

for the future, but these homes must be built in the right place. We

:30:03.:30:07.

asked the minister and the government to heed our cry today,

:30:08.:30:12.

and we ask the government to accept the case we have made and to take

:30:13.:30:23.

the necessary action forthwith. James Wharton. I congratulate my

:30:24.:30:27.

right honourable friend, the member for Sutton Coldfield, for securing

:30:28.:30:31.

this debate. I note the presence of my red, the member for Solihull,

:30:32.:30:36.

which underlines the importance of this matter. My right honourable

:30:37.:30:42.

friend has painted a picture with a clarity which is rarely demonstrated

:30:43.:30:45.

to such effect in debates in this place about the concerns he has and

:30:46.:30:51.

the concerns of his constituents. I think that he has covered so many

:30:52.:30:57.

topics and spoken so clearly on the matter that it serves to underline

:30:58.:31:01.

how important this issue is and the importance with which we in

:31:02.:31:05.

government must look to his concerns. I pay tribute to his

:31:06.:31:08.

campaigning for the interests of the royal town of Sutton Coldfield and

:31:09.:31:13.

for his constituents, and I note that clear concern that the nearby

:31:14.:31:16.

green belt should not be lost to housing developments unnecessarily.

:31:17.:31:22.

I also wish success to the new royal town council of which my right

:31:23.:31:25.

honourable friend has spoken which is due to be established later this

:31:26.:31:29.

year. As we emphasised in the run-up to last year's general election,

:31:30.:31:33.

this government put great importance on the green belt. It is the way to

:31:34.:31:37.

befriend the uncontrolled sprawl of conurbations on the unwanted merging

:31:38.:31:41.

of towns and villages proud of their special, separate identities. At the

:31:42.:31:45.

same time, as my right honourable friend recognises, we need to build

:31:46.:31:49.

new homes as well as making use of existing dwellings and other

:31:50.:31:52.

buildings suitable for residential use. Our national planning policy

:31:53.:31:56.

framework makes clear that local authorities should heed its

:31:57.:32:01.

safeguards for the environment. Strong restraint are in place. 40%

:32:02.:32:06.

of England is protected against development by designations such as

:32:07.:32:09.

green belt, areas of outstanding natural beauty and national parks.

:32:10.:32:14.

Since 2010, we have made progress in speeding up and simplifying the

:32:15.:32:18.

planning system and building the homes this country needs, but we

:32:19.:32:22.

must also protect valued countryside and our historic environment. We

:32:23.:32:26.

issued additional guidance in 2014 to remind local authorities and

:32:27.:32:31.

planning inspectors that in planning to assess local housing needs, they

:32:32.:32:37.

must still have regard to national policies, including those protecting

:32:38.:32:40.

the green belt. My right honourable friend will of course appreciate

:32:41.:32:44.

that ministers cannot comment on draft local plan is that are still

:32:45.:32:47.

before the appointed inspector, but in answer to his speech, I would

:32:48.:32:52.

make the following general comments. Firstly, on housing. It is accepted

:32:53.:32:57.

that England has built too few homes for too many years. The pace of

:32:58.:33:01.

housing development was bureaucratic and slow. This drove up prices and

:33:02.:33:07.

rents and regional strategies imposed central government targets.

:33:08.:33:10.

Are forms are now delivering an increase in housing provision. Over

:33:11.:33:18.

639,000 homes since April 2010, over 135,000 housing completions in the

:33:19.:33:22.

year to September 20 15. Planning permission for 242,000 homes granted

:33:23.:33:28.

in the year to June 2015, up 44% on the previous year. On the widening

:33:29.:33:31.

of permitted development to allow better use of existing buildings has

:33:32.:33:36.

already allowed thousands of office to residential conversions. The

:33:37.:33:39.

success of our forms depends on getting up-to-date local plans in

:33:40.:33:45.

place. That includes assessing robust evidence of housing needs in

:33:46.:33:49.

each area. Our framework asks that each local authority preparing

:33:50.:33:52.

strategic housing market assessment to assess its full needs. My

:33:53.:33:59.

honourable friend is making a powerful case in terms of the

:34:00.:34:03.

success of this government's housing policy, but will my honourable

:34:04.:34:07.

friend also think upon the fact that as the honourable member for Sutton

:34:08.:34:10.

Coldfield said, Birmingham council did not even consult with the local

:34:11.:34:15.

hospital trust, which has hospitals in my constituency as well's that

:34:16.:34:21.

hospital trust is currently suffering severe financial

:34:22.:34:23.

difficulties. This measure may add to those. Surely that shows up the

:34:24.:34:32.

local plan was inept? My honourable friend temps me to go back to the

:34:33.:34:35.

comment I made earlier that I do not want to wish on individual -- to

:34:36.:34:43.

comment on individual plans. The honourable member's views are

:34:44.:34:46.

important, and I am sure they will be heard not just by me, but much

:34:47.:34:51.

further than those of us who are present in the chamber today for

:34:52.:34:59.

this debate. Of course, my honourable friend cannot comment on

:35:00.:35:03.

the substance of what our honourable friend has said. But I am sure he

:35:04.:35:07.

would agree that were it to be the case that hospitals had not even

:35:08.:35:14.

been consulted by the authority, that would be a very remiss fact,

:35:15.:35:19.

which would suggest that the full duty had not been exercised by the

:35:20.:35:22.

local authority and the planning inspector in their researches?

:35:23.:35:30.

Articulate as my honourable friend is, he temps me to go further than I

:35:31.:35:34.

am going to in the specifics, but he makes an important went with which I

:35:35.:35:38.

can agree generally. I think that where a local body charged with

:35:39.:35:42.

delivering a public service, particularly one as important as

:35:43.:35:45.

health, has a strong view, those should of course be part of any

:35:46.:35:51.

consultation. Those views should be made known, and if they have a

:35:52.:35:54.

planning impact, they should be considered as part of that process.

:35:55.:35:59.

My right honourable friend and my honourable friend the member for

:36:00.:36:02.

Solihull have made their concerns in that area clear, and that is

:36:03.:36:07.

something I will take away from this debate. We expect local authorities

:36:08.:36:12.

to prepare strategic housing land availability assessments, and in so

:36:13.:36:18.

doing, they have to take account of any planning constraints that

:36:19.:36:20.

indicate that development should be restricted and which route may

:36:21.:36:25.

restrain your -- ability of an authority to meet the needs. One of

:36:26.:36:28.

those constraints is green belt. This government attaches it

:36:29.:36:33.

importance to green belt. Green belt covers 13% of England, a level that

:36:34.:36:36.

has remained constant for many years now. The honourable lady set out

:36:37.:36:41.

eloquently the importance that her constituents attached to green belt,

:36:42.:36:45.

the difference that it makes to communities, how it adds to what

:36:46.:36:48.

makes many of the constituencies that are spoken on behalf by

:36:49.:36:52.

honourable members here this evening the special places that they are. I

:36:53.:36:56.

welcome her contrition. Our national planning policy framework is clear

:36:57.:37:02.

that a green belt boundary can only be altered in exceptional

:37:03.:37:03.

circumstances after local consultation, using the local

:37:04.:37:08.

tanning process. This should concentrate the minds of local

:37:09.:37:11.

authorities on ensuring that any brownfield land is put to good use

:37:12.:37:15.

first my right honourable friend is right to talk of the unidentified

:37:16.:37:21.

number of brownfield sites that are likely to be found in Birmingham.

:37:22.:37:26.

From the outset, our framework has been clear that local authorities

:37:27.:37:29.

should encourage redevelopment on brownfield land. Our guidance also

:37:30.:37:34.

advises that local planning policy should reflect the desirability of

:37:35.:37:39.

reusing brownfield land. If desired locally, a local authority can

:37:40.:37:43.

propose its own policy to increase the take-up and prioritisation of

:37:44.:37:47.

brownfield sites. Under our system, this can be significantly

:37:48.:37:52.

influential. Following the general election, we made the commitment to

:37:53.:37:57.

ensure that 90% of brownfield land suitable for housing would have

:37:58.:38:01.

planning permission for new homes in place by 2020. My right honourable

:38:02.:38:04.

friend is right to underline the friend is right to underline the

:38:05.:38:08.

need to find out where any suitable we develop websites are and to study

:38:09.:38:12.

the reasons that any potentially useful site is not currently

:38:13.:38:15.

available. My honourable friend the minister for housing and planning is

:38:16.:38:20.

keen to work with areas to develop this. Brownfield sites differ

:38:21.:38:23.

greatly, and local authorities are in a good place to assess the

:38:24.:38:27.

suitability and availability. That is something they should do. That is

:38:28.:38:31.

why we are introducing the requirement for local authorities to

:38:32.:38:33.

compile registers of suitable brownfield land. This government,

:38:34.:38:39.

while stressing the contribution these brownfield that can make, is

:38:40.:38:43.

clear about the priority, getting a local plan in place. In areas where

:38:44.:38:48.

no local plan has been produced by 2017, we have said we will intervene

:38:49.:38:52.

to arrange for a plan to be written in consultation with local people.

:38:53.:38:55.

This drive to complete the modernisation of the plan that

:38:56.:38:59.

system, with all its implications for securing sustainable growth and

:39:00.:39:02.

meeting the need for homes, is a top-level commitment reaffirmed when

:39:03.:39:06.

we were re-elected. Birmingham began to review its 2005 plan in 2007 and

:39:07.:39:12.

recommenced after we polished the top-down regional housing targets

:39:13.:39:16.

and brought into streamlined locally led national policy planning

:39:17.:39:20.

framework. The current plan was submitted in July 20 14. I note my

:39:21.:39:25.

right honourable friend's comments and concerns and his hope that the

:39:26.:39:29.

plan can be stopped. But the Secretary of State found it

:39:30.:39:32.

appropriate to appoint an independent person to examine

:39:33.:39:35.

Birmingham's plan on his behalf, with power to call for more evidence

:39:36.:39:39.

if necessary and to delay a decision if that proved necessary. Inspectors

:39:40.:39:44.

have a vital role in scrutinising plans in partially and publicly to

:39:45.:39:48.

ensure that they are legally compliant and sound. Only in rare

:39:49.:39:52.

circumstances would ministers intervene in that. I plan will only

:39:53.:39:57.

be found sound if it is properly prepared, justified, if effective

:39:58.:40:00.

and consistent with national policy in the framework. If the plan

:40:01.:40:03.

contains proposals to adjust a green belt boundary, as here, it must

:40:04.:40:08.

demonstrate exceptional circumstances. I hope this debate

:40:09.:40:11.

will make it clear to Birmingham that local people want to see

:40:12.:40:16.

brownfield first as national policy supports. Assuming a local plan will

:40:17.:40:19.

eventually be adopted in whatever form it takes, may I remind

:40:20.:40:25.

honourable members and their constituents that that does not give

:40:26.:40:28.

anyone planning permission. The plan to fix the current best estimate of

:40:29.:40:31.

how much development needs to take place if a particular need is to be

:40:32.:40:36.

met. Moreover, the people of Sutton Coldfield would still have their

:40:37.:40:39.

statutory opportunities to comment and criticise whenever a planning

:40:40.:40:43.

application is made. Even if land is allocated in a local plan, planning

:40:44.:40:47.

applications can still be refused permission in response to evidence

:40:48.:40:52.

and well argued objections. I can tell my right honourable friend that

:40:53.:40:55.

the government has heard his case loud and clear. I would expect

:40:56.:40:59.

others with an interest in this process to have heard the comments

:41:00.:41:02.

of honourable members and the comments I have made as well. I

:41:03.:41:08.

recognise the importance of this matter. I recognise the quality of

:41:09.:41:12.

the well considered contributions that honourable and right honourable

:41:13.:41:17.

members have made, and I hope that at the end of this process, we will

:41:18.:41:20.

reach a place that pleases more people than appears to be the case

:41:21.:41:25.

at present. The question is that this House do now adjourn. As many

:41:26.:41:28.

as are of the opinion, say "aye". To the contrary, "no". The ayes have

:41:29.:41:31.

it, the ayes have it. Order, order. STUDIO: That at the end of the day

:41:32.:41:50.

in the House of Commons. We will now be going over live to the House of

:41:51.:41:53.

Lords. You can watch recorded coverage of all of today's business

:41:54.:41:56.

in the Lords after the Daily Politics later tonight.

:41:57.:42:16.

I might raise a further point of concern about

:42:17.:42:17.

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