Browse content similar to 26/01/2016. Check below for episodes and series from the same categories and more!
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Good morning and welcome to BBC Parliament's live coverage of the | :00:07. | :00:13. | |
Commons. In an hour, an urgent question is being axed by the Shadow | :00:14. | :00:17. | |
Health Secretary about the death from sepsis of the 12-month-old | :00:18. | :00:22. | |
Cornwall boy, William Mead. A report said he might have lived if NHS call | :00:23. | :00:26. | |
handlers had realised the seriousness of this condition. The | :00:27. | :00:31. | |
main business is the debate on the details of the charity's protection | :00:32. | :00:37. | |
and social investment bill. This gives England and Wales powers to | :00:38. | :00:41. | |
close down unfit charities. Don't forget to join me for a round-up of | :00:42. | :00:47. | |
the day in both Houses of Parliament at 11pm tonight. First, questions to | :00:48. | :00:53. | |
the Justice Secretary, Michael Gove, and his ministerial. First question | :00:54. | :00:58. | |
concerns the autonomy of prison governors. | :00:59. | :01:10. | |
Order, order. Questions to the Secretary of State for Justice. Our | :01:11. | :01:23. | |
prison systems need reform and we need to give governors greater | :01:24. | :01:27. | |
freedoms to innovate to find better ways of rehabilitating offenders. In | :01:28. | :01:34. | |
December, the outgoing Chief Inspector of prisons said he was | :01:35. | :01:38. | |
concerned about Islamic extremism in prisons. Some prisons, including one | :01:39. | :01:44. | |
in my constituency, the Muslim population is 40% of inmates. What | :01:45. | :01:49. | |
additional powers or is about is the Government giving to tackle | :01:50. | :01:56. | |
extremism? Radicalisation in prison is a genuine danger not just in | :01:57. | :01:59. | |
England but across the European Union. That is why we have charged a | :02:00. | :02:04. | |
former prison governor with reviewing how we handle not just the | :02:05. | :02:07. | |
security concerns but also the dangerous spread of peer-to-peer | :02:08. | :02:14. | |
radicalisation in our organisations. In appointing a new Chief Executive | :02:15. | :02:18. | |
to follow in the work of Nick artwork, Peter Clark goes very much | :02:19. | :02:30. | |
in his favour. I welcome the steps being taken to tackle radicalisation | :02:31. | :02:35. | |
of prisons but the problem exists once people, outside prisons and in | :02:36. | :02:40. | |
a previous report of the Home Affairs Select Committee, we have | :02:41. | :02:43. | |
talked about the need to monitor people when they go outside. Can he | :02:44. | :02:49. | |
ensure that remains that connection with the Home Office, so those that | :02:50. | :02:56. | |
have had lessons or initiatives to do with counter radicalisation, that | :02:57. | :03:00. | |
they continue with that when they get outside? I make it my business | :03:01. | :03:03. | |
to talk regularly with the Home Secretary on this issue. I also know | :03:04. | :03:10. | |
that my honourable friend, the Minister for prisons and the Right | :03:11. | :03:15. | |
honourable member, the Minister for security, they meet regularly to | :03:16. | :03:18. | |
make sure we do everything possible to monitor it. There is a | :03:19. | :03:22. | |
recognition that we must deal with violent extremism but extremism | :03:23. | :03:26. | |
itself. Those who seek to ride it applies to inject the poison of | :03:27. | :03:29. | |
Islamist into the minds of young men need to be counted every step of the | :03:30. | :03:41. | |
way. We are determined to help eliminate the budget deficit and | :03:42. | :03:44. | |
deliver better justice. That is why we are cutting 15% from the budget | :03:45. | :03:50. | |
over the spending review and finding 5.3 billion to overhaul the prisoner | :03:51. | :03:55. | |
state so it can drive down reoffending and constituents get | :03:56. | :03:58. | |
better value for money and better bang for their buck out of the | :03:59. | :04:04. | |
justice system. At the Ministry of Justice has faced spending cuts as | :04:05. | :04:07. | |
deep or deeper than any other department in Whitehall. I am not | :04:08. | :04:11. | |
sure despite the occasional criticism and row, the public has | :04:12. | :04:16. | |
noted any discernible reduction in the service provided by the | :04:17. | :04:20. | |
Department. Will my honourable friend someone in the secretaries of | :04:21. | :04:27. | |
state for health, social security, international development and | :04:28. | :04:31. | |
defence and given -- give them a tongue lashing on how we can emulate | :04:32. | :04:36. | |
the private sector and create more wealth and more goods and more | :04:37. | :04:40. | |
enterprise and more deregulation and more lower taxation and still | :04:41. | :04:46. | |
provide better services? I thank the honourable gentleman for his | :04:47. | :04:52. | |
remarks. As a former chairman, you will appreciate we have already | :04:53. | :04:57. | |
slimmed back office by 600 million so we could extend rehabilitation to | :04:58. | :05:02. | |
the 45,000 offenders on short sentences, now we are cutting the | :05:03. | :05:06. | |
admin budget by 50% but investing 700 million to modernise our courts. | :05:07. | :05:10. | |
It shows you can drive efficiencies and deliver a more effective system, | :05:11. | :05:14. | |
whether it is the delays at court or the offenders passing through them. | :05:15. | :05:21. | |
Given the Secretary of State's U-turns on things like the criminal | :05:22. | :05:25. | |
court charge and a band of prisoners being sent box, can I suggest a good | :05:26. | :05:29. | |
way of saving money would be to avoid such mistakes and listen to | :05:30. | :05:36. | |
the Labour Party? With great respect, given the litany of | :05:37. | :05:41. | |
mistakes and errors and systemic failings that we have had to clear | :05:42. | :05:45. | |
up over the last five years and continue, we might reject that | :05:46. | :05:53. | |
particular piece of counsel. One important area in which both service | :05:54. | :05:57. | |
can be enhanced and value for money made, is through greater efficiency | :05:58. | :06:02. | |
both the court estate and court system. Is my honourable friend | :06:03. | :06:07. | |
satisfied that the ministry has sufficient in-house capacity to deal | :06:08. | :06:11. | |
adequately with major issues like restructuring where you have to | :06:12. | :06:15. | |
negotiate highly commercial contractual levels will he bring | :06:16. | :06:21. | |
outside expertise when necessary? I have already explained some of the | :06:22. | :06:25. | |
back-office savings that we are making, not only to deliver better | :06:26. | :06:29. | |
value to the taxpayer, but to find the savings to reinvest. He is right | :06:30. | :06:33. | |
to say that where we need to engage with the private sector or the | :06:34. | :06:36. | |
voluntary sector to take advantage of that ingenuity and innovation, we | :06:37. | :06:44. | |
will do so. Figures released yesterday by the Department show | :06:45. | :06:48. | |
that more Ministry of Justice staff received bonuses last year than the | :06:49. | :06:52. | |
previous year and that the average size of bonuses increased by 7%. | :06:53. | :06:57. | |
Considering the whole public sector has had a pay rise cap at 1%, is it | :06:58. | :07:04. | |
not a case of one rule for one and one for another? That is not fair or | :07:05. | :07:09. | |
reasonable to any of the hard-working public servants that we | :07:10. | :07:14. | |
have. There are very strict rules around bonuses within the 1% pay cap | :07:15. | :07:19. | |
and the guidance of RAM that is. It is important, notwithstanding the | :07:20. | :07:23. | |
savings that we have to make and in relation to bureaucracy and | :07:24. | :07:26. | |
back-office, that we recognise outstanding performance. We are the | :07:27. | :07:33. | |
only country in the world which uses taxpayer's revenue to pay lawyers to | :07:34. | :07:37. | |
sue soldiers as they return from active duty. Is it an area of saving | :07:38. | :07:46. | |
that the minister might consider? He is right that we need to make sure | :07:47. | :07:51. | |
we have a balanced approach to Access to justice and I will come on | :07:52. | :07:55. | |
and answer some of the specific questions around the military claims | :07:56. | :07:59. | |
later. One particular area we need to look at is the rules around legal | :08:00. | :08:03. | |
aid matters what we are doing and that is what we continue to pursue. | :08:04. | :08:10. | |
Talking of value for money, how much has the miscalculation of divorce | :08:11. | :08:15. | |
settlements cost so far? The 2200 closed cases will require legal | :08:16. | :08:18. | |
advice and negotiation to correct and who will pay for this? The | :08:19. | :08:24. | |
taxpayer or the people his department have badly let down? The | :08:25. | :08:30. | |
legal press has dubbed him the Minister of cock ups. Doesn't the | :08:31. | :08:35. | |
whole ministerial team deserve that title? When we make mistakes, we | :08:36. | :08:41. | |
recognise them and we have written to all of those people affected to | :08:42. | :08:44. | |
make sure that it doesn't happen again. Our announcement to close | :08:45. | :08:53. | |
Holloway prison signals a new beginning in the way that we treat | :08:54. | :08:58. | |
female offenders. It reflects our commitment to hold woman in | :08:59. | :09:02. | |
environments that better meet their specific needs and better support | :09:03. | :09:05. | |
their rehabilitation and helping them towards better lives upon | :09:06. | :09:16. | |
release. I have fostered the whole lady's prison in Derbyshire and I | :09:17. | :09:19. | |
wonder if she can outline the changes that are happening at | :09:20. | :09:22. | |
Holloway and how they will assist the prisoners and staff at Foston | :09:23. | :09:31. | |
Hall as well. Foston Hall is a resettlement prison and a much | :09:32. | :09:33. | |
better placed to support inmates throughout their time in prison and | :09:34. | :09:37. | |
back out into the community. She will know that many female offenders | :09:38. | :09:42. | |
have complex needs and that is why we have introduced a personality | :09:43. | :09:48. | |
disorder pathway and case management systems for female offenders. We | :09:49. | :09:51. | |
have ensured family engagement workers are in place at all public | :09:52. | :09:56. | |
sector women's prisons including Foston Hall. The minister might know | :09:57. | :10:03. | |
that a woman's prison is close to my constituency. Will she agree that | :10:04. | :10:07. | |
when we look at what happens to women in prison, very often it is | :10:08. | :10:11. | |
literacy that is stopping them getting back and leading a good life | :10:12. | :10:15. | |
and stop it is also the fact that many people in prison, winning -- | :10:16. | :10:19. | |
women particularly can have problems and are on the autism scale and they | :10:20. | :10:25. | |
are never tested. Could we have more attention to looking at special | :10:26. | :10:29. | |
educational needs in women's prisons so we can help them all? He makes an | :10:30. | :10:36. | |
excellent point and we will take that into consideration. I have | :10:37. | :10:40. | |
visited Newhall prison towards the tail end of last year and had a look | :10:41. | :10:44. | |
at some of the excellent work that they are doing to help women | :10:45. | :10:48. | |
offenders both with literacy, numeracy in -- issues and various | :10:49. | :10:51. | |
other complex needs that they encounter. She will be aware of the | :10:52. | :11:03. | |
work of the rehabilitation of... It began its work in a prison in my | :11:04. | :11:09. | |
constituency where it was a category C /T resettlement prison. | :11:10. | :11:20. | |
-- C/ D resettlement prison. He makes an important point. We do have | :11:21. | :11:33. | |
so many of our female offenders coming to the prison system with | :11:34. | :11:38. | |
both addictions to substance tours and alcohol and it is fundamental | :11:39. | :11:45. | |
that, that is the key part of their rehabilitation process. On the | :11:46. | :11:50. | |
advice of organisations, the Scottish Government has been looking | :11:51. | :11:57. | |
into sentences of women of six months or less and helping them to | :11:58. | :12:01. | |
stop reoffending. When the minister commit to rolling this out across | :12:02. | :12:02. | |
the whole of the UK? I am very keen to have a look at the | :12:03. | :12:21. | |
Scottish moral and see what progress has been made. I am also keen to | :12:22. | :12:24. | |
intervene earlier on in women's offending journey to prevent as many | :12:25. | :12:26. | |
people as possible from ending up in prison. Every single woman in prison | :12:27. | :12:29. | |
represents a potential broken family and potentially children taken into | :12:30. | :12:34. | |
care. Instead of trying to turn the women's prison estate into some kind | :12:35. | :12:38. | |
of holiday camp, can I suggest that the minister instead, given that she | :12:39. | :12:43. | |
is normally such a great champion for gender equality, that if a woman | :12:44. | :12:47. | |
commits an offence, she should be treated in exactly the same way as a | :12:48. | :12:51. | |
man? We still have the case that for every single category of offence, | :12:52. | :12:54. | |
and man is more likely to be sent to prison than a woman. Why should a | :12:55. | :12:59. | |
female offender for burglary be any better than male offender? Mr | :13:00. | :13:06. | |
Speaker, I fear we may have been down this road before with my | :13:07. | :13:10. | |
honourable friend. But I take on board his comments. Of course, | :13:11. | :13:14. | |
sentencing is very much a matter for the judiciary. But I will always | :13:15. | :13:19. | |
defend my strong held belief that equality of outcome is what we are | :13:20. | :13:22. | |
looking for in the female was in a state. And at the moment, female | :13:23. | :13:27. | |
prisoners are much more likely to suffer lots of complex issues, lots | :13:28. | :13:31. | |
of Comdex needs, and far less likely to gain employment once they leave | :13:32. | :13:37. | |
prison. And that is something I am looking to tackle. Quite rightly, we | :13:38. | :13:48. | |
do not tolerate drugs in prison and we are bringing forward tough new | :13:49. | :13:53. | |
measures including the new legislation on psychoactive | :13:54. | :13:55. | |
substances. Possession in a prison will be a criminal offence, unlike | :13:56. | :13:59. | |
in the rest of the country. If the scale of harm demonstrated by a | :14:00. | :14:06. | |
significant increase in suicides was happening in other places where | :14:07. | :14:10. | |
there is a duty of care - hospitals, children's homes, schools - would we | :14:11. | :14:15. | |
not have a root and branch review of how best to tackle supply and demand | :14:16. | :14:21. | |
for drugs in prisons? What we must make sure is that these drugs do not | :14:22. | :14:27. | |
get into our prisons. Psychoactive substances have been in our prisons | :14:28. | :14:32. | |
now for some time. It was a request from prison officers and prisoners | :14:33. | :14:34. | |
around the country that we actually made sure that it should become a | :14:35. | :14:39. | |
criminal offence, possession. We need new sniffer dogs which can | :14:40. | :14:43. | |
sniff these products as well. They are in training at the moment. We | :14:44. | :14:47. | |
must eradicate these drugs from our prisons. The national offender | :14:48. | :14:52. | |
management service has revealed that the amount of alcohol found in | :14:53. | :14:56. | |
prisons in England and Wales has almost trebled since the government | :14:57. | :15:03. | |
took office. What steps is he taking on this? One thing we can do is to | :15:04. | :15:09. | |
make sure that individual governors have full control so that they can | :15:10. | :15:13. | |
work with their staff. We need to make sure that alcohol which is not | :15:14. | :15:17. | |
supposed to be there is not there. A lot of this is actually brewed | :15:18. | :15:21. | |
within the prisons, and we need to work very hard to make sure this | :15:22. | :15:25. | |
does not happen. Drugs use is widespread throughout every jail in | :15:26. | :15:30. | |
this country. Is there really any realistic prospect whatsoever of | :15:31. | :15:35. | |
having a drug-free prison establishment? Mr Speaker, the | :15:36. | :15:39. | |
Prison Service works really very, very hard to try to make sure that | :15:40. | :15:43. | |
we eradicate as many drugs as possible. The new legislation will | :15:44. | :15:48. | |
help. We know that assaults on prison officers and inmates from | :15:49. | :15:50. | |
people taking psychoactive substances has become a blight on | :15:51. | :15:54. | |
our prisons. With the new legislation, we will have powers | :15:55. | :15:59. | |
which were not there before. There has been recent reports of prison | :16:00. | :16:05. | |
officers falling ill after inhaling inmates' legal highs. I know you | :16:06. | :16:10. | |
have said we are introducing new legislation, but how will this come | :16:11. | :16:13. | |
into effect when present governors are leaving? We need a culture from | :16:14. | :16:18. | |
the top to implement, so how can we do this? One way we can improve the | :16:19. | :16:26. | |
situation for prison officers is to listen to them. They categorically | :16:27. | :16:30. | |
asked us for the band. At the moment it is legal. It will be banned from | :16:31. | :16:34. | |
once it gets royal assent. From April it is a criminal offence in | :16:35. | :16:39. | |
prisons. That is what the prison officers asked for, and that is what | :16:40. | :16:45. | |
we have given them. Mr Speaker, we are committed to making sure that | :16:46. | :16:48. | |
our justice system delivers faster and fairer justice for all our | :16:49. | :16:54. | |
citizens. Our tribunals will bring quicker and fairer access to justice | :16:55. | :16:59. | |
and create a justice system which reflects the way people use services | :17:00. | :17:03. | |
today. We have ensured that legal aid remains available for the | :17:04. | :17:06. | |
highest priority cases, where life or liberty is at stake, where they | :17:07. | :17:11. | |
face the loss of their home, in cases of domestic violence, or where | :17:12. | :17:14. | |
their children may be taken care. As the Lord Chief Justice | :17:15. | :17:19. | |
extraordinarily reported two weeks ago, and I quote, our system of | :17:20. | :17:22. | |
justice has become unaffordable to most. Two constituents were sacked | :17:23. | :17:29. | |
unfairly, one went to a tribunal, was not able to afford legal | :17:30. | :17:32. | |
representation, therefore lost. The other image of the gave up. With | :17:33. | :17:36. | |
justice now only available to the well off, does the minister have any | :17:37. | :17:41. | |
serious proposals to open up access to justice to ordinary people? I am | :17:42. | :17:47. | |
very grateful to the right honourable gentleman for raising the | :17:48. | :17:50. | |
issue of employment tribunals. I would like to say that it is the aim | :17:51. | :17:54. | |
of this government to make sure that people do not have to go to court or | :17:55. | :17:58. | |
tribunals in the first place, and thereby not have to incur legal | :17:59. | :18:03. | |
expenses or experience stress. In the case of employment tribunals, he | :18:04. | :18:08. | |
may not be aware, but the ACAS conciliation service, in their first | :18:09. | :18:12. | |
12 months, found that 83,000 people used to that service and I hope that | :18:13. | :18:18. | |
in future, when he has problems brought to his surgery from his | :18:19. | :18:21. | |
constituents, he will be able to point them to that free service. As | :18:22. | :18:26. | |
the government changed the criteria for access to legal aid, and since | :18:27. | :18:31. | |
they did this, there has been a huge increase in domestic violence. As | :18:32. | :18:34. | |
the government made any assessment of the link? We constantly make sure | :18:35. | :18:39. | |
that matters are kept under review. As far as the act is concerned, we | :18:40. | :18:43. | |
are committed to having a review between 3-5 years. The Law Society | :18:44. | :18:49. | |
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 | :18:56. | :19:00. | |
minister carry out a full review to understand the equality impact of | :19:01. | :19:04. | |
this change in civil legal aid? As I just said, Mr Speaker, we will be | :19:05. | :19:10. | |
carrying out a full review of the fermentation of this. I would say | :19:11. | :19:15. | |
that we still have one of the most generous legal aid budgets in the | :19:16. | :19:19. | |
world, not withstanding the reductions we have made. Some of | :19:20. | :19:23. | |
those who would struggle to pay court fees the most are those where | :19:24. | :19:27. | |
there has been family breakdown, often in chaotic families. What | :19:28. | :19:31. | |
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 | :19:42. | :19:47. | |
to attend court, then there is a fee remission system available which can | :19:48. | :19:57. | |
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 | :20:28. | :20:33. | |
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 | :20:40. | :20:50. | |
Speaker, I would like to grow this question with questions in 11 and | :20:51. | :20:54. | |
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 | :21:20. | :21:23. | |
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 | :22:04. | :22:11. | |
are rising to the challenge. And we want many more to join them. Does he | :22:12. | :22:16. | |
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 | :23:00. | :23:03. | |
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 | :23:36. | :23:38. | |
what is happening in London spread across the whole of England and | :23:39. | :23:43. | |
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 | :24:26. | :24:30. | |
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. |