04/07/2016 House of Commons


04/07/2016

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people, so we can come to a better resolution, so we will conthnue to

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watch carefully how matters develop, that she can be reassured that we do

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not accept this is a better way to go forward.

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I am sorry, demand exceeds supply and we must move on.

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Urgent question, Gisela Stu`rt. It is to ask the Secretary of State of

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the legal status of EU nationals residing in the United Kingdom in

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the event of the United Kingdom leaving the European Union.

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Thank you very much, Mr Spe`ker EU nationals make an invaluabld

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contribution to our economy, society and daily lives. They should be

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assured that, as the Prime Linister and Home Secretary have repdatedly

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said, there will be no immediate change in their status in the UK.

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The Prime Minister has been clear that decisions on issues relating to

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the UK's exit from the EU whll be for a new Prime Minister. I'm

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therefore not in a position to make new policy announcements thhs

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afternoon. The discussions that we have with the EU to agree

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arrangements of the UK's exht will undoubtedly reflect the immdnse

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contribution made by EU cithzens to our economy, to the NHS, to schools

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and in so many other ways. But they must also secure the interests of

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the 1.2 million British cithzens living and working elsewherd in the

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EU. The Home Secretary was clear yesterday when she said we should

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seek to guarantee that the rights of both groups are protected, `nd that

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this is best done through rdciprocal discussions with the EU as part of

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the negotiations to leave the EU. It has been suggested the government

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could now fully guarantee ET nationals living in the UK the right

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to stay. This would be Aaron Wise without a parallel assurancd from

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European governments. -- thhs would not be wise regarding British

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nationals living within thehr countries. Such a step might also

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have the unintended consequdnce of prompting EU immigration to the EU.

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-- to the UK. We have to have detailed work on this issue and that

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the new Prime Minister decides the best way forward as quickly as

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possible. In the meantime, H would like to stress that EU nationals

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continued to be welcome herd. After macro -- LAUGHTER

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We have seen some truly a w`rrant hate crimes in the past week or so

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against EU nationals. We will not stand for these kind of att`cks

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They must and will be tackldd in the strongest possible terms. ET

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nationals can have our fool and unreservedly reassurance th`t their

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right to enter, work, study and live in the UK remains unchanged, but to

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pre-empt future discussions at this point risks undermining our ability

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to protect the interests of EU and British citizens alike, and to get

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the best possible outcome for both. Gisela Stuart. I hit to teach the

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Minister British organisational and structures, but we are a Cabinet

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government structure. Irrespective of whether prime ministers decide to

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leave, the cabinet can still make decisions. Ministers, peopld are not

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bargaining chips. It is deeply, deeply offensive to assume that this

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is a country that retrospectively changes the rights of its chtizens.

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It is their duty of our govdrnment to allow people to live and arrange

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their lives and make predictions. We have 3 million citizens livhng in

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this country who are EU cithzens. 1.2 live in the EU at the moment. We

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have our right to expect from this government, to make clear

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statements, and the Minister may have read a letter in the Stnday

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Telegraph we are a whole group of people from members of Parlhament,

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including the member for Normanton, Pontefract and Castleford, for which

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an ad Harpenden, such as thd TUC, the British future, they all say it

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is a duty of this government to say clearly and unequivocally that

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retrospectively any EU citizen here will maintain and continue the

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rights they have acquired. @nything else is a failure of governlent to

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protect its people and the future obligations. The Minister m`y also

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be aware of the House of Lords is far from happy with the govdrnment

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position. Can you just do the right thing? And not make people

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bargaining chips? Not worry about the future, at this moment, say that

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EU citizens have made an important and valuable contribution. We should

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know that at human rights and we will now say those who are here will

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continue to be here. I entirely understand the b`sic

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premise of the Right Honour`ble Lady's point, seeking to give

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assurance for EU nationals who are here in the UK as well as British

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citizens who are within othdr European countries. And on that

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brought premise, I don't thhnk we are poles apart at all. The question

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is the manner and ways to achieve that objective. I think it raises a

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number of complex issues. As she will equally understand, we are

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talking about, yes, the right to reside, but writes unemploylent to

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study, entitlements to benefit, access to public services, `s well

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as joined by family members. It is not, as she seeks to characterise

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it, in some way viewing people as bargaining chips at all. It is

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rather to get the best posshble outcome for EU citizens that are

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here, as well as the 1.2 million but he citizens in the European Union

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elsewhere. That is the focus of this government. Through the discussions

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with the European Union, we can get that best possible solution. She can

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be assured, as well as other EU nationals who are here contributing

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to our society, that that is absolutely at the forefront of what

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we are seeking to achieve in terms of negotiations that will follow.

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Damian Green. Thank you, Mr Speaker. I am sure everyone on all shdes once

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no disadvantage given to EU scissors and is living in this country ought

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to UK citizens living in other European countries. -- EU chtizens.

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Does the Minister, what judgment have you made about the best way to

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protect the interests of thd more than 1 million British citizens

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living and in many cases working in other EU countries, so that at the

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end of this process nobody can be disadvantaged at all? I think that

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we need to ensure that therd is an overall balance and careful

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consideration of all these hssues and to view this in the round. That

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is why it would be mistaken to view this in a narrowly and potentially

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make statements now that cotld have an impediment on broader discussions

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in relation to the position of British nationals in other DU

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countries. That is the right approach to take and precisdly what

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the prime ministers set out and we need to look at this carefully. Andy

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Burnham. I declare an interdst, my wife Mike Frantz as a Dutch

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national, my children are h`lf Dutch. -- my wife married France.

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This is similar to many famhlies. The EU nationals are fathers,

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mothers, and Sand uncles of many British children. To leave

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uncertainty over their future, it undermines family life in otr

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country, which does not strhke me as a very cry ministerial thing to do,

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but it is what the Home Secretary did yesterday. She said people who

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have an established life ye`r would be part of negotiations with

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Brussels. For people making a huge contribution to subvert -- to

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society being talked of as ` bargaining chip was insensitive But

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when she said nobody necess`rily stays for ever, it becomes

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threatening. I hope she will tell the Home Secretary that my own

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children would quite like their mum to stay here forever, if th`t is OK

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with her! In retrospect, do you not accept the Home Secretary's comments

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were ill judged, and that pdople who made a life year when perfectly

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legal to do so should not h`ve the right pulled from under thel? And is

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it entirely in the gift for the UK Government to remove this uncertain

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to Russia and why isn't the Home Secretary here doing precisdly that

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rather than by advising her own leadership campaign? -- to remove

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this uncertainty. It is this government's own decision to make

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this an issue in negotiations. And by doing so, are be creating

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conditions for the unwelcomhng climate to continue and risds in

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xenophobic and racist abuse we have seen? Finally, doesn't be vdry fact

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we are having to hold this debate illustrates how flawed the

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referendum campaign was? Didn't people have a right to know the

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answer to this crucial question before going to vote? Sending any EU

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nationals home has enormous implications for families, public

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services, the economy, so why on earth did the government instruct 77

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is not to carry out any contingency planning on the implications of

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Brexit? Wasn't that the height of irresponsibility and hasn't it left

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us with either compass or chart the Conservative Party has reduced the

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country to chaos and created uncertainty felt in every f`mily.

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The Home Secretary wants to lead us out of it, she needs couragd to come

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to this House and clear up her own mess!

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I have to say that if anythhng is ill-judged sadly I think thd right

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honourable gentleman's commdnts were ill-judged in the manner, in which

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he has approached this, his contribution this afternoon. I have

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been absolutely clear that there is no concept of bargaining chhps or

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viewing people in that way `t all, and have been clear in terms of the

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contribution that I see EU citizens make to our country now and in the

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future too, which is why it will be a part of that negotiation, as we

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look towards a future, a positive future for our country, outside of

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the European Union. And acttally, I don't think what would be

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responsible would be to takd a stance now, that could have an

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impact on the 1.2 million British citizens who are in countrids

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outside of the UK. It is not a choice of, it is not a choice of one

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or the other, it is a questhon of looking at both of them, and getting

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the best possible outcome for UK citizens in other European

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countries, as well as assurhng the rights of European citizens who are

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here, I think it is important that we approach the negotiations in that

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front, and he, he makes the point about the, the rise in tenshons

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community tension, a point H know he he made very fairly to to us last

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week, when my right honourable friend made her statement in

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relation to hate crime, which I think that we would have colmon

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cause with in condell, which I do absolutely again today, with the

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further work that will be bding introduced with the further work

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round hate crime, the work that police are doing in our comlunities

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at the moment. Why we do celebrate the work of so many European

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citizens here if our countrx now, that is why this does need to be

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part of those discussions and agreements with the European Union,

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to give that assurance and xes, to get the best possible outcole for

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them, as well as British citizens abroad.

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Will my right honourable frhend understand many of us regard the

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home secretaries's remarks `s wholly inappropriate. Would he also accept

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that any EU citizen, any EU citizen who currently resides in thd United

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Kingdom will continue to do so, as he has suggested, but that once the

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repeal of the European Commtnities Act 1972 has taken place, it will be

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matter for domestic legislation here at Westminster, to decide in our

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traditional, fair and reasonable manner, on what basis peopld should

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remain, having regard to thd interests of UK nationals in other

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member states. Well, Mr Speaker, I would underline

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again we are an opening welcoming country and recognise the

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contribution that recognise the contribution that EU citizens make

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to our country, our economy, our community, and that is why this must

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form part of our assessment, our consideration and our negothations

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and agreement with our European partners making forward. I stress it

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in those terms very clearly and I hope my right honourable frhend will

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understand why it needs to be viewed in that broader construct in the

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best interests of our country and get the best outcome from those

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discussions. I may briefly start by observing this is one of many

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questions to which it might have been prudent to have annal `nswer,

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before the honourable member for Birmingham and her fellow Brexiteers

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so many of their Tello citizens -- fellow citizens. Citizens. Scotland

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voted to stay within the European Union and our fellow citizens who

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were born outside the UK ard now anxious to know what the referendum

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results mean for them. Not just now, but in the future, and so are EU

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citizens across the UK, it hs wrong and irresponsible to prevarhcate

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about this. In launching bid for the leadership of the Tory partx, I the

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Home Secretary said we will strive to make Britain a country that works

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for everyone, regardless of who they are, and regardless of wherd they

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are from. Mr Speaker, actions speak louder than words, why is the Home

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Secretary not here today, to give the sort of reassurance that one

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might have expected in the light of that election pitch? What is it

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what could it be that is more important than her coming to this

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House, to give that reassur`nce The opening of the Scottish Parliament

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on Saturday, the First Minister said we are one Scotland, and we are

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simply home to all of those who have chosen to live here, that is who and

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what we are. Will the minister reconsider for the First Minister's

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example and offer that sort of reassurance for the whole of the

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United Kingdom? If he is not prepared do that, will he clarify

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today, in what circumstances he thinks it would be appropri`te to

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remove the rights of EU cithzens already living here? I think she has

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rightly highlighted there wdre and will be a whole range of issues that

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will need to be addressed, `nd obviously this is one of thdm, and

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this was a consequence of the decision to leave the Europdan

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Union, and was not something that was shied away from, and was clear

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in advance of the referendul. Referendum. I think she makds the

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point she does in a very cldar and concise way, to come to her broader

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point, we want to get to a position where we can tell EU nation`ls who

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live in the UK that everythhng will be fine, that we can see thdm

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continuing, so Iry verse thd approach and take it from that stand

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point, and that I think is the approach we will take as we look

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towards those negotiations `nd those EU discussion. There will bd a

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premium on brevity to be exdmplified by the right honourable member. The

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hyperbole and the statement from benches opposite will do much to

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frighten EU nationals more than anything has been said from the

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front bench but there is an urgency in terms of giving a clear lessage

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on this, EU citizens are among our top, our top surgeon, consultants,

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anaesthetist, top engineer, top architect, these are people who can

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work anywhere in the world. And we need to make clear that we want them

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here and it is part of our dconomy. I certainly recognise the

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contribution that all of those people that the my right honourable

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friend has made to our economy, but also as I have said to school, to

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the Health Service, to so m`ny other parts of our community, I would

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stress again there is no ch`nge to their status now, we have to

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approach the discussions and focus on how we get the best posshble

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outcome for them Azerbaijan our own citizens and that is what wd will

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do. In, isn't it obvious th`t the forced deportation of millions of EU

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citizens is something that no sane or fair Government would cob

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template doing, therefore, given no Government would do it, all we see

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from the minister is the fact that 2 Home Secretary has an incredible

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negotiating position in invdrted commas and is causing untold fear

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and misery for many people hn our country, it is I'm the Government

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gave clarity on this issue. I am sorry, I entirely reject the

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analysis that the right honourable gentleman has made. We are, we have

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been clear on confronting the division in our society, in doing

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the work and setting out thd best possible outcome for EU cithzens as

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well as British citizen, th`t is what we will get on with thd job of

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doing. I was glad to hear a moment ago from one response from the

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minister, that foreign residents are not to be treated as pawns hn the

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negotiations but I have to say that wasn't the impression I had from his

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opening statement. Protecting their rights, it seems to me, is the only

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ethical position that can now be taken, and what is more, thd longer

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the uncertainty about this puestion persists, as my right honourable

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friend the member for Brentwood was pointing out, the greatester the

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risk of the economic downturn and consequence, the minister h`s been

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sent to do a holding operathon today, will the minister take back

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from this the clear message that waiting until September 9th or

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beyond is simply not a realhstic option and the best thing do now is

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get on with granting these rights? Well, I note my right honourable

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friend's contribution and I would reassert again the comments I made

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about people not being barg`ining chips, we are talking about people's

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lives and we appreciate, we fully appreciate and recognise thd

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personal significance this has. I do say to him, though, it is

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appropriate that we need to look at this in the round, with all of the

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complexity, autumn of the unintended consequences that might arise from

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making statements now, how H think it is appropriate to considdr it in

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that way, and to get the best outcome.

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Thank you, Mr Unintended consequences in not making `

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statement now t and allowing this issue to drift. There are children

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in schools whose parents ard French or Polish who are in tears because

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they fear they may have to leave. Extremists are exploiting this for

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go home campaigns and repatriation campaigns, that are vile and the

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Home Secretary is just giving them succour, he has been sent ott here

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to waffle, while the Home Sdcretary once again has gone to ground for

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something she could sort right now, Parliament is sovereign, we could

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sort this before the recess, why don't we have a motion throtgh this

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Parliament, that every one of us can sign up to and support, to say we

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will respect people's rights if they are settled here and contributing to

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the country already, that is the fair thing to do.

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I would say to the right honourable lady, that we do have the cdrtainty

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of knowing there will be be no immediate change and therefore

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people, people should not bd fearful, or, and equally for others

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to try to Stoke up anxieties in the way I think has been done bx some

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contribution, it is important we get this right, and that people can

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continue in the way they have done now, and again, this process in

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terms of leaving the EU, is likely to take a number of year, and

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therefore, there will be no change while we remain a member of the

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European Union, and people need to have that confidence and certainty

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in that way, and we will certainly confront any division, any hatred,

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any racism we see and the police are already taking action on th`t.

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While I understand the immediate logic of my honourable friend's

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position, he does need to understand that partners are not going to be in

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a position to make a reciprocal commitment because there ard 27

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nations that have to agree hts position. This is an area in which

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the uncertainty needs to be brought to an end as soon as possible. Since

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it is inconceivable we would not grant are the speck tick right,

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frankly shouldn't we get on with it meetly. Represent speck tick rights.

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He is right in saying that ht is important that we do look at the

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reciprocal rights and how wd do that at an EU level rather than perhaps

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individually with individual member state, that is the right approach to

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take. It is important to vidw it in the round, viewing the role and

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responsibilities of British citizens who are in other European countries

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and ensuring the actions we take don't have unintended consepuences

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for them. Thank you Mr Speaker, I find it hard to comprehend the

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minister keeps talking about not using EU citizens as bargaining

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chips but talks as if that hs what is he is going to do. I havd to

:23:36.:23:38.

declare an interest, my husband is German, has been a GP in thhs

:23:39.:23:43.

country for 30 years, and along with others in the community, thdy are

:23:44.:23:46.

anxious, the minister talks about there will be not be an answer for

:23:47.:23:51.

several year, in what way should people feel reassured? We c`used the

:23:52.:23:56.

problem, we should set the dxample and other countries will respond in

:23:57.:23:59.

kind. Just give them the reassurance.

:24:00.:24:04.

I commend and congratulate the contribution the honourable lady's

:24:05.:24:08.

husband has played to the NHS, as so many other EU nationals havd, and

:24:09.:24:12.

again, it is important to underline that where EU nationals havd been

:24:13.:24:15.

exercising treaty rights for a period of five years they are

:24:16.:24:19.

entitled to permanent dense under existing rule, so that is why we

:24:20.:24:24.

need that, I think calm approach to these issues, to underline the

:24:25.:24:28.

existing arrangements that `re there and EU citizens will continte to

:24:29.:24:31.

benefit from, as well as cldarly looking at what the arrangelents

:24:32.:24:34.

will need to be into the future with is where the negotiation has

:24:35.:24:36.

such an essential part. Why don't we just do what this House

:24:37.:24:48.

clearly wants to do, to grant the rights to these people and couldn't

:24:49.:24:55.

that be implemented quickly if we repeeled the 1972 European

:24:56.:25:00.

Communities Act and doesn't my right honourable friend set responsibility

:25:01.:25:04.

for gross negligence in not having any contingency plans? I'm `fraid my

:25:05.:25:10.

honourable friend highlights some solutions and there are significant

:25:11.:25:15.

legal complexities in what he has just outlined and glossed over. I

:25:16.:25:20.

would say to him that there are a range of complex, multifaceted

:25:21.:25:23.

issues that highlight from this I've highlighted some of thdm in

:25:24.:25:28.

terms of things like benefit rights, access to public services,

:25:29.:25:30.

employment rights and others as well. Tgs not as simple as some have

:25:31.:25:34.

set it out to be. It's why we need to work through this care fly get

:25:35.:25:42.

the best outcome -- carefully. There are 36,000 EU passport holddrs,

:25:43.:25:45.

almost one in eight of the population. This week I havd been

:25:46.:25:49.

flooded by people e mailing me about their concerns, about the jobs they

:25:50.:25:52.

do, about the businesses thdy run and indeed about the future of their

:25:53.:25:57.

children's education. Does he not understand that not immediately is

:25:58.:26:01.

simply not good enough? People are making decisions about their lives,

:26:02.:26:05.

their businesses and their children. They need reassurance and they need

:26:06.:26:10.

it now. Of course, I understand the points

:26:11.:26:16.

that she makes very fairly. Clearly, I don't think there are, thdre's

:26:17.:26:20.

much difference between us on actually getting to that objective,

:26:21.:26:26.

which is why I make the point about - which is why I make the point I do

:26:27.:26:30.

about the certainty people have now and working to give that certainty

:26:31.:26:34.

and assurances at EU level. I understand the point fairly that she

:26:35.:26:37.

makes to me, that is precisdly why this needs to be a priority as part

:26:38.:26:42.

of those discussions with otr European partners so there hs

:26:43.:26:45.

certainty for their citizens here as well as our citizens in those member

:26:46.:26:51.

states too. Thank you Mr Speaker. Does the

:26:52.:26:54.

minister agree that we should actually hold ourselves to ` higher

:26:55.:26:58.

moral standard than trading off one group of immigrants against another?

:26:59.:27:05.

Unilaterally we should decl`re a status of EU acquired rights giving

:27:06.:27:08.

people the right to reside here if they've been here for less than five

:27:09.:27:12.

years and advertising to those who've been here longer than five

:27:13.:27:15.

years that they automatically have the right now for permanent

:27:16.:27:19.

residence so as many of thel as possible can avail themselvds of

:27:20.:27:24.

that right. I've already explained the position in relation to

:27:25.:27:28.

permanent residence in response to an earlier question, so those rights

:27:29.:27:35.

are there. Obviously, we will retain and respect all existing rights

:27:36.:27:40.

whilst we remain a member of the European Union until we havd left.

:27:41.:27:45.

He makes a number of points as to the potential solutions, ultimately

:27:46.:27:48.

that will be a matter for the next Prime Minister. Will the minister

:27:49.:27:55.

join me in condemning Lord Pearson who has said, "It is we who hold the

:27:56.:28:00.

stronger hand, if we retali`te, because so many of them - them being

:28:01.:28:06.

EU citizens - are living here." Would he perhaps for two spdcific

:28:07.:28:11.

categories, NHS, where therd are 10,000 doctors, EU doctors who work

:28:12.:28:16.

in the NHS, just under 10% of the staff and indeed, EU students who

:28:17.:28:20.

have just embarked on their studies, can he give either category any

:28:21.:28:23.

guarantees they'll be able to continue? Well, on his first point,

:28:24.:28:29.

I entirely agree with him. Those comments are just simply not

:28:30.:28:33.

acceptable. On his second point yes, we know there are around 5 ,000

:28:34.:28:41.

EU citizens that are working within (inaudible)... Is absolutelx

:28:42.:28:48.

essential. I underline the points about existing EU rights and working

:28:49.:28:53.

towards a position where we can give clarity moving forward. 55,000

:28:54.:28:57.

members of our NHS workforcd qualified elsewhere in the Duropean

:28:58.:29:02.

Union. And 80,000 members of our equally valued care sector. They

:29:03.:29:07.

need security, not just now, but in the long-term. Because the workforce

:29:08.:29:11.

crisis one of the biggest challenges facing the NHS. In addition to

:29:12.:29:16.

welcoming the extraordinary valuable contribution they make to otr health

:29:17.:29:21.

and care sector, would the linister take back the clearest posshble

:29:22.:29:25.

message to this House that we need long-term security now? I'm grateful

:29:26.:29:31.

again to my honourable friend for underlining the contribution that EU

:29:32.:29:35.

and other citizens make to our NHS in providing care, as well `s also

:29:36.:29:41.

in the care sector for our dlderly. Obviously, we want to ensurd that as

:29:42.:29:46.

part of the negotiations th`t there is that assurance that is there

:29:47.:29:50.

that exists now. I stress that again. I do recognise the priority

:29:51.:29:58.

that she has given and which I hear. Mr Speaker, my honourable friend

:29:59.:30:02.

from Birmingham, of course, was leading the campaign that's got us

:30:03.:30:10.

into this mess. Can I take ht up with the minister something he said

:30:11.:30:15.

about the British people living in other European countries. I declare

:30:16.:30:19.

an interest, I'm president of Labour international. We have had lots of

:30:20.:30:23.

people living in Spain and elsewhere, who are very concerned

:30:24.:30:28.

about their future. Can he dnd the uncertainty for those British

:30:29.:30:31.

people, many of whom couldn't vote in the referendum because they'd

:30:32.:30:35.

been abroad longer than 15 xears, that they are not going to be forced

:30:36.:30:39.

out of Spain, France or elsdwhere by the British Government making a

:30:40.:30:43.

quick, early statement of sdcurity for citizens of those countries

:30:44.:30:47.

here? I think the honourabld gentleman makes his point vdry well

:30:48.:30:51.

on the bigger implications `nd the broader issues that we absolutely

:30:52.:30:56.

have to have in making the decisions that we do, I think we need to act

:30:57.:31:00.

with care, consideration and thought to ensure that we are yes,

:31:01.:31:04.

absolutely considering the rights of those who the EU who are here.

:31:05.:31:10.

Equally, the rights of Brithsh citizens overseas who will be

:31:11.:31:13.

feeling uncertain and why wd need to think about both of them in the

:31:14.:31:16.

discussion that's we have. As the right honourable ladx will

:31:17.:31:22.

know, nobody on the official Leave campaign raised the prospect of

:31:23.:31:24.

sending people away and deporting people. This has been raised bit

:31:25.:31:28.

Home Secretary -- by the Hole Secretary and it is a catastrophic

:31:29.:31:31.

error of judgment for someone who wishes to lead this country to even

:31:32.:31:35.

suggest those people who ard here legally, working with familhes and

:31:36.:31:40.

settled, should be even part of the negotiations has made a big error of

:31:41.:31:43.

judgment. That message needs to go back to the Home Secretary today.

:31:44.:31:50.

I'm very sorry, but I think my honourable friend has compldtely

:31:51.:31:53.

mischaracterised what the Home Secretary said. She was merdly

:31:54.:31:57.

saying that people do come `nd go. Some people work here, they then may

:31:58.:32:01.

go back to their home countries Therefore, it is that fluidhty that

:32:02.:32:05.

we see in labour markets and also the movements of people between

:32:06.:32:10.

different countries. It is that I think, she was referring to.

:32:11.:32:14.

Therefore we do want to work to see that the rights of those who are

:32:15.:32:18.

here are guaranteed. That whll form part of those negotiations. Thank

:32:19.:32:25.

you Mr Speaker. The minister's answer to this question seels to be

:32:26.:32:30.

- trust me, it's all in hand. But is it any wonder that the right

:32:31.:32:39.

honourable member for Leigh's family and other families can't trtst the

:32:40.:32:44.

Government given the way thdy've handled the immigration question for

:32:45.:32:49.

years now. Can I ask him whdther he has made representations to his

:32:50.:32:52.

opposite numbers in the French government or Spanish government on

:32:53.:33:00.

this very issue? I do say to the honourable lady that this issue is

:33:01.:33:08.

given great seriousness. It is not about those multilateral

:33:09.:33:11.

negotiations, she talks abott. It's actually getting this right,

:33:12.:33:14.

assessing all the complexithes that I've highlighted in this, in my

:33:15.:33:17.

statement to the House this afternoon. Therefore, that hs the

:33:18.:33:21.

response that I think is appropriate as the Prime Minister has s`id, we

:33:22.:33:25.

need to look at this very c`refully and then for the next Prime Minister

:33:26.:33:31.

to act. Thank you, Mr Speakdr. I must say knowing of the contribution

:33:32.:33:36.

EU nationals make to Torbay, it s welcome to hear a more positive

:33:37.:33:44.

portrayal for their contribttions in this society today, particularly

:33:45.:33:46.

with that which wasn't happdning for a couple of months. Can we reassure

:33:47.:33:51.

them, unless there is a ret`liation in the European Union against

:33:52.:33:55.

British passport holders, wd will guarantee our intention the right of

:33:56.:34:00.

those here no the UK. Well, I do say to my honourable friend and I

:34:01.:34:04.

welcome his comments, we want to make sure that EU nationals, who are

:34:05.:34:09.

already here can stay in Brhtain. But we also, as I've alreadx

:34:10.:34:12.

stressed, need to guarantee the rights of British nationals living

:34:13.:34:16.

in EU member states too and that that needs to be a priority of our

:34:17.:34:21.

negotiation. On exactly that point, can he

:34:22.:34:24.

explain how it can possibly be likely to prejudice the rights of UK

:34:25.:34:28.

nationals in the EU, if we do the right thing, if we do the moral

:34:29.:34:32.

thing, if we uphold the bashc human rights, by extending the rights of

:34:33.:34:36.

EU nationals here? Does he recognise how out of touch he is on this

:34:37.:34:39.

issue. Will he take that back to the Home Secretary on no uncert`in

:34:40.:34:44.

terms? Of course, I underst`nd the point that the honourable l`dy makes

:34:45.:34:49.

on wanting to act. All I wotld say to her is that we need to bd careful

:34:50.:34:54.

on the unintended consequences of things that we do now, up front in

:34:55.:34:59.

terms of other emplay indic`tions. As I've highlighted in ensuring that

:35:00.:35:07.

we get the best possible outcome for those British citizens overseas She

:35:08.:35:11.

and I would both share, I think but it's the difference in how we go

:35:12.:35:13.

about I understand the concerns that have

:35:14.:35:21.

been expressed today. My mother is a Danish national, who has lived in

:35:22.:35:24.

the UK for over 50 years. Mx right honourable friend has set ott there

:35:25.:35:29.

are complexities here. Can he reassure the House this is `n urgent

:35:30.:35:34.

priority and that plans are being developed urgently, not just in the

:35:35.:35:38.

hosts, but by the EU Brexit unit, set up recently by the Primd

:35:39.:35:42.

Minister as well? Yes, I can. My honourable friend makes refdrence to

:35:43.:35:46.

the new unit established. I can certainly say that this is seen as

:35:47.:35:53.

an early item in terms of that work. But is the minister aware that his

:35:54.:35:57.

remarks and the remarks of the Home Secretary have created real

:35:58.:36:00.

insecurity amongst a number of people and what they are now doing

:36:01.:36:06.

is seeking to become British - people who are perfectly qu`lified

:36:07.:36:10.

for British citizenship, he is about to make hundreds of thousands of

:36:11.:36:15.

pounds of profit from those applications. What is he gohng to do

:36:16.:36:20.

right now to cut the cost of becoming British or at least to make

:36:21.:36:24.

it happen more efficiently `nd faster for the many European

:36:25.:36:28.

citizens who will become Brhtish because they're so unsure of their

:36:29.:36:33.

own future? I don't accept that either my comments or the comments

:36:34.:36:36.

of the Home Secretary have hn any way added to is the uncertahnty that

:36:37.:36:42.

she has pointed to. The Prile Minister said very clearly that

:36:43.:36:45.

nothing changes whilst we rdmain a member of the European Union.

:36:46.:36:49.

Obviously, we need to make decisions for the future and that will be for

:36:50.:36:56.

the next Prime Minister. Interestingly, throughout the

:36:57.:36:58.

referendum campaign, the Government didn't indicate what their position

:36:59.:37:02.

would be in relation to this matter. Since the result have demonstrated

:37:03.:37:06.

nothing other than being colpletely unprepared for this and every other

:37:07.:37:10.

issue. EU nationals are part of our communities. Our children share

:37:11.:37:12.

classrooms and friendships with them. The Secretary of Statd for

:37:13.:37:16.

education just stated in an answer in oral questions, before this

:37:17.:37:19.

session, that she believes that EU nationals and their children should

:37:20.:37:22.

be allowed to remain in this country. Does the minister `gree

:37:23.:37:28.

with his colleague? As I've already indicated in response to other

:37:29.:37:34.

answers, I believe that we do need to work to secure the peopld who are

:37:35.:37:38.

here can stay in the UK. Th`t's what I've already said. But it ndeds to

:37:39.:37:43.

be part of those negotiations to secure that. That is the very clear

:37:44.:37:49.

point that I make is that that is part of those discussions as well as

:37:50.:37:51.

the position of British nathonals overseas. His statement tod`y

:37:52.:37:59.

condemning large numbers of my constituents married to fordign

:38:00.:38:02.

nationals or expecting children are foreign nationals or are employed in

:38:03.:38:07.

factories here and abroad whth foreign nationals great uncdrtainty.

:38:08.:38:10.

If he's not going to accept the will of this House today, could he give a

:38:11.:38:14.

clearer indication of - it's just a matter of the next Prime Minister -

:38:15.:38:18.

and what the time scale is The right honourable gentleman will know that

:38:19.:38:22.

there are a number of issues that flow through from the decishon that

:38:23.:38:26.

has been made for the UK to leave the European Union. And this is but

:38:27.:38:33.

one of them. I do entirely recognise the points that have been m`de by

:38:34.:38:39.

him and others. But it is how we are able to get the best outcomd for

:38:40.:38:43.

European citizens here, but also British nationals overseas.

:38:44.:38:47.

Therefore, that is part of the detailed, considered work. @s I ve

:38:48.:38:52.

indicated, this is certainlx a priority aspect of that.

:38:53.:38:59.

What does the minister say to my constituent who was one of the some

:39:00.:39:07.

183 EU nationals up to last week, in fulltime education in Scotl`nd and

:39:08.:39:11.

has two years of study to g`in her degree. What pre-Brexit leg`l advice

:39:12.:39:16.

was sought by the UK Governlent and will he share that advice so I can

:39:17.:39:21.

best advise my constituent on how to be safe and secure for her studies

:39:22.:39:26.

in the UK? I said at the outset that I wish her well with her sttdies

:39:27.:39:30.

that. Should continue. She should have no fears in relation to the

:39:31.:39:36.

current situation. We don't share legal advice. That is a well founded

:39:37.:39:41.

position of many Governments over the years. But I do want to give

:39:42.:39:49.

that sense of assurance that nothing changes now. It is a process that

:39:50.:39:53.

could take a number of years, there foreI wish her well with her studies

:39:54.:39:55.

in Scotland. Thank you regarding this qudstion,

:39:56.:40:03.

though it is bizarre to see the Brexiteers the on both sides weeping

:40:04.:40:08.

crocodile tears. What am I to tell the 15% of my constituents who are

:40:09.:40:13.

EU national, hundreds of whom have written to me to express thdir

:40:14.:40:19.

dedismay or giving the racist attacks, fear. Many are thinking of

:40:20.:40:23.

going to another country, if they do, it will be we, not they who can

:40:24.:40:28.

are the poorer for that. We need, we need certainty, and we need it now.

:40:29.:40:36.

Well, I utterly condemn any attacks on any citizens in this country as a

:40:37.:40:42.

consequence of nationality, faith, creed, colour, that is completely

:40:43.:40:46.

unacceptable, does not reprdsent the country that I believe in, or this

:40:47.:40:51.

Government believes in, and I think this House has unequivocallx

:40:52.:40:56.

condemned those sorts of action I know there have been ministdrial

:40:57.:41:00.

visits to the Polish centre and I recognise the points he makds,

:41:01.:41:04.

clearly, there is nothing that changes now, it is for thosd

:41:05.:41:07.

negotiations to give that ultimate certainty, but we want to ensure

:41:08.:41:12.

that the UK remains an open, attractive place for people to come,

:41:13.:41:17.

live, work, and study, and that is the approach that for my part, I

:41:18.:41:24.

will continue to advocate. In the grace. Absence of thd Home

:41:25.:41:29.

Secretary, can the minister offer any reassurance beyond not

:41:30.:41:38.

immediately to my constituents, that her long-term future cannot be

:41:39.:41:41.

guaranteed. More gain came to Scotland in good fate. She built a

:41:42.:41:44.

life here and is contributing to Scottish society. Surely colmon

:41:45.:41:50.

decency dictates she and millions like her deserve guarantees of their

:41:51.:41:56.

long-term security. Of course, I understand the point

:41:57.:42:00.

the honourable gentleman make, and the assurance he seeks, nothing does

:42:01.:42:04.

change immediately, as the Prime Minister has been very clear on and

:42:05.:42:07.

I certainly do want us to gdt to a position where we are able to ensure

:42:08.:42:11.

that EU nationals who are already here can stay in Britain, btt that

:42:12.:42:15.

needs to be part of that negotiation.

:42:16.:42:22.

Yesterday I was stopped in the street by a constituent, an EU

:42:23.:42:25.

national whose children werd born here they were, the family `re from

:42:26.:42:29.

Denmark but the children do not speak a word of Danish, the older

:42:30.:42:33.

child is due to start school next term, does the minister unddrstand

:42:34.:42:36.

that the Government has an obligation to the best interests and

:42:37.:42:39.

welfare of children, and th`t this uncertainty is putting their parents

:42:40.:42:46.

in an impossible position. Well of course I do understand, as H have

:42:47.:42:50.

responded to other questions this afternoon, of the position that we

:42:51.:42:54.

are now faced with, as a consequence of the UK having made the ddcision

:42:55.:43:01.

to leave the EU, as I have have indicated there are no immediate

:43:02.:43:05.

changes that would happen while we remain an EU member state, clearly

:43:06.:43:09.

want want to be in a position to give the sort of guarantees her

:43:10.:43:13.

constituent seeks and that will be a core part of the negotiations that

:43:14.:43:16.

will follow. Thank you. In a written

:43:17.:43:21.

Parliamentary question in J`nuary I asked the home sec from I to outline

:43:22.:43:25.

the plans her department was making in the event of a leave votd. The

:43:26.:43:30.

minister replied and give no assurance, isn't it clear on

:43:31.:43:34.

thissish sue as with every other question thrown up by a leave vote,

:43:35.:43:39.

the Government has done no planning, the consequence is people are making

:43:40.:43:42.

decisions ability their education, about their jobs and their families,

:43:43.:43:45.

have no assurances whatsoevdr from the Government, isn't the mhnister

:43:46.:43:48.

ashamed of that position and doesn't it reflect the Cavalier approach of

:43:49.:43:52.

this Government since it was elected last year? No, I do not sop that

:43:53.:43:58.

characterisation that the honourable gentleman seeks to proffer. I would

:43:59.:44:04.

say to him clearly that the sorts of security, the guarantees th`t he and

:44:05.:44:09.

his constituents may seek rdquires the positive outcome of those

:44:10.:44:12.

negotiations with the Europdan Union. That is the absolute focus of

:44:13.:44:16.

this Government, with the establishment of the new unhte, in

:44:17.:44:19.

the Cabinet Office and it whll be for the new Prime Minister, to take

:44:20.:44:23.

that forward. Thank you. Since this Government has

:44:24.:44:28.

shown itself to be woefully inadequate in this area in terms of

:44:29.:44:33.

setting the right policy and doing the right thing, would he consider

:44:34.:44:36.

devolving the powers to Scotland who have a government that can do the

:44:37.:44:45.

right thing. No. Following on from the question from the honourable

:44:46.:44:50.

lady for Glasgow, can we be clear the Secretary of State for Dducation

:44:51.:44:55.

confirmed at the despatch box that the children of all EU nationals

:44:56.:44:59.

will continue to be educated in British schools. Will the mhnister

:45:00.:45:04.

tell does that go to 18 or 21 or does he not have a clue likd the

:45:05.:45:09.

rest of his answers? Answers? I would say to the honourable

:45:10.:45:13.

gentleman, that the Secretary of State has obviously made her

:45:14.:45:15.

comments this afternoon, and clearly he will need to direct further

:45:16.:45:17.

comments to the department. Order. Members are in a verx

:45:18.:45:31.

excitable state. No, I understand, but normally the honourable

:45:32.:45:34.

gentleman from Stoke is a vdry cerebral and well behaved fdllow. He

:45:35.:45:39.

must take some sort of soothing me Dickment because I am sure he wants

:45:40.:45:44.

to listen to his honourable friend. It is unbelievable of the mhnister

:45:45.:45:49.

that no contingency planning had been taken place in respect of a

:45:50.:45:55.

Leave vot, not just on EU chtizen living and working in the UK but

:45:56.:46:00.

nationals living in other ET member states. Given those people `re

:46:01.:46:07.

disproportionately older and retiring, and EU citizens lhving and

:46:08.:46:12.

working in the UK tend to bd younger, in work and paying tax to

:46:13.:46:16.

the Exchequer, what kind of bargaining chip does the minister

:46:17.:46:21.

think he has got? Sorry, thhs, this is not a question of bargaining

:46:22.:46:26.

chips at all, as I have said very very clearly throughout my

:46:27.:46:30.

contributions this afternoon, rather, it is about looking at this

:46:31.:46:33.

in the round, on all of the implications we have. It is not

:46:34.:46:38.

right to suggest that everyone here fits the categories he describes, we

:46:39.:46:42.

have self-employed, we have those who are employed. Retained workers

:46:43.:46:47.

of self-employed person, we have those that are retired. Job,seeker,

:46:48.:46:52.

student, family members as well These are complex measures that

:46:53.:46:54.

require careful consideration and that is what we need to do.

:46:55.:46:59.

The Government is unwilling to guarantee the future of EU nationals

:47:00.:47:04.

living here what assessment have they had on the public servhces and

:47:05.:47:07.

the potential return of hundreds of thousands of retire re-s from

:47:08.:47:12.

abroad? As I have indicated, we want to be in a position to see that EU

:47:13.:47:18.

nationals who are already hdre can stay in Britain. As I have `lready

:47:19.:47:24.

made clear, there is no change to the current arrangements or current

:47:25.:47:27.

situation, we want to work puickly to see that these issues will

:47:28.:47:31.

resolved but it does I repe`t need to be part of those negotiations.

:47:32.:47:38.

Thank you, could I put on rdcord my absolute disappointment that has

:47:39.:47:42.

come with the minister's st`tement today, on an issue that appdars to

:47:43.:47:48.

common consensus among thosd who campaigned for Leave and Relain it

:47:49.:47:51.

beggars belief bhor the Homd Secretary yesterday and the minister

:47:52.:47:55.

today, cannot give that reassurance that the millions of people in this

:47:56.:47:59.

country need to stay here, `nd to have the rights they deservd. It is

:48:00.:48:03.

also notable MrSpeaker not one member of this House has so far

:48:04.:48:06.

agreed with the Government's position. These people are our

:48:07.:48:11.

teacher, doctors entreprenetr, they are also our taxpayer, they deserve

:48:12.:48:16.

the reassurance and this, and the tone the minister also send to other

:48:17.:48:20.

European nations, will in mx view be the kind of tone we need, to keep

:48:21.:48:24.

relations with allies and protect the rights of our British chtizens

:48:25.:48:30.

abroad. Of course I absolutdly appreciate and recognise thd huge

:48:31.:48:33.

contribution that EU citizens make to our economy and in so many

:48:34.:48:38.

different ways and enrich the country that we are, and thd

:48:39.:48:41.

difficult challenges that are now faced as a consequence of the

:48:42.:48:46.

decision that has been taken for the UK to leave the European Unhon. I am

:48:47.:48:51.

have been clear, the Prime Linister has been very clear in saying that

:48:52.:48:54.

those rights remain unchangdd, while we remain a member of the Etropean

:48:55.:48:59.

Union. And clearly, we are working to ensure that the negotiathons are

:49:00.:49:03.

successful, to give those guarantees, to ensure that those who

:49:04.:49:09.

are here, are able to stay. Thank you Mr Speaker, the mhnister

:49:10.:49:13.

keeps eed saiding our inquiries as to whereabouts of his boss, could we

:49:14.:49:17.

be told what is so important it means the Home Secretary cannot

:49:18.:49:21.

attend this discussion which in large part has been occasioned by

:49:22.:49:25.

her comments to the press, `nd can I ask him, can I ask him again, does

:49:26.:49:30.

he not understand there are many thousands of our fellow cithzens who

:49:31.:49:35.

are fearful and anxious for their future and his procraves nation is

:49:36.:49:39.

only a to fuel rather than `llay that anxiety. I responsibilhty on

:49:40.:49:46.

issues relating to migration, so it is appropriate for me to respond to

:49:47.:49:52.

this urgent question, and yds, of course I note and absolutelx

:49:53.:49:56.

appreciate the points he makes about uncertainty for European citizens

:49:57.:50:00.

who are here, as well as our British citizens oversea, that is why I have

:50:01.:50:03.

been clear on the fact therd are no immediate change, have sought to

:50:04.:50:08.

give that assurance and it hs unfortunate I think many

:50:09.:50:12.

contributions have sought to Stoke up the sun certainties when we have

:50:13.:50:16.

been giving that clarity and assurance on the process th`t will

:50:17.:50:19.

need to take place to give the sort of comfort he is seeking to achieve.

:50:20.:50:26.

Thank you. The honourable member has got a

:50:27.:50:30.

brass neck for bringing this question. The minister has ` brass

:50:31.:50:34.

neck for seeing EU citizens are not going to be used as bargainhng chips

:50:35.:50:39.

which is what he is doing. His boss has a bres neck for making comments

:50:40.:50:47.

and not coming to the House. I have heard... The talk, will the minister

:50:48.:50:52.

find his boss and do the right thing and make a decision for the EU? The

:50:53.:51:00.

honourable gentleman makes his point in his own way, I will make mine. In

:51:01.:51:07.

my own way. Which is that wd recognise and respect the

:51:08.:51:09.

contribution that EU citizens make here, equally we need to ensure that

:51:10.:51:14.

the rights of those of our British citizens overseas are protected and

:51:15.:51:18.

that is the combined approach we will take, to get the best possible

:51:19.:51:26.

outcome for both. Urgent question, MrJohn McDonnell.

:51:27.:51:31.

Thank you Mr Speaker, to ask the Chancellor if he will make `

:51:32.:51:36.

statement on proposals regarding the Government surplus target and plans

:51:37.:51:42.

to further cut corporation tax. Chancellor of the Exchequer. In last

:51:43.:51:47.

week I have sought to be erdalistic about the economic challengds we now

:51:48.:51:53.

face, but to mix that realism with reashuens we can rise to thd Chans

:51:54.:51:59.

the plans the Governor of the Bank of England put in place, thd

:52:00.:52:02.

financial markets have adjusted but I can report while we remain

:52:03.:52:06.

vigilant they have shown no signs of disorder. Now we must respond to

:52:07.:52:12.

developments in the real economy and this will require a supreme national

:52:13.:52:17.

effort. First we need to look at demand to make sure credit flows

:52:18.:52:20.

freely, the Governor said on Friday that some monetary policy e`sing

:52:21.:52:24.

will likely be required over the summer, thanks to the reforls I have

:52:25.:52:28.

introduced the independent bank has the tools it needs to act against

:52:29.:52:34.

the cycle and support lending in the economy, the Financial Policy

:52:35.:52:36.

Committee will publish its decisions tomorrow, and we stand readx in the

:52:37.:52:40.

Treasury to act in concert with the bank should more need to be done to

:52:41.:52:44.

support funding for lending. The second part of our national effort

:52:45.:52:48.

must be to maintain Britain's fiscal credibility. Eight years ago, people

:52:49.:52:52.

questioned Britain's abilitx to pay its way in the world. Eight years

:52:53.:52:57.

later, British gilts are sedn as a safe haven and funding costs have

:52:58.:53:03.

fallen to record lows, we should maintain the fiscal consolidation

:53:04.:53:06.

measures but our rules were explicit in the face of what the fiscal

:53:07.:53:10.

charter calls a significant negative shock, we should allow the `utomatic

:53:11.:53:15.

abstain lierzs to operate. With the consensus of economic forec`sters

:53:16.:53:19.

now lowering the forecast growth for the UK next year, from closd to 2%,

:53:20.:53:25.

before the referendum, to 0.4% now, that we will do. We have to be

:53:26.:53:30.

realistic that the target for a surplus is unlikely to be achieved

:53:31.:53:35.

in 2019/20, the OBR will conduct a formal assessment when it produces a

:53:36.:53:38.

new independent forecast in the autumn and then we will havd a clear

:53:39.:53:43.

idea of what additional measures are required to maintain fiscal

:53:44.:53:46.

credibility. Third, we need to broadcast loud and clear thd message

:53:47.:53:51.

that Britain remains the best place in the world to do business. And

:53:52.:53:55.

over the last six years we have reduced Britain's corporation tax

:53:56.:54:00.

rate from 28%, to 20% today and 17% in the future, I did that at the

:54:01.:54:04.

same time as taking difficult decisions elsewhere, to bal`nce the

:54:05.:54:08.

book, in my view the strongdst signal we could send the world, that

:54:09.:54:12.

Britain after this referendtm is open to the world, and readx to do

:54:13.:54:17.

business, would be to cut corporation tax still furthdr. We

:54:18.:54:23.

should aim for a rate of 15$ and preferably blow lower because if you

:54:24.:54:27.

are pro business u you are pro job, proliving standards and pro working

:54:28.:54:30.

people. Fourth, Mr Speaker, the refdrendum

:54:31.:54:36.

result revealed the deep-se`ted feeling of disenfranchisement in

:54:37.:54:39.

community, especially the Mhdlands and the north of England. As I said

:54:40.:54:43.

on Friday the northern powerhouse is the right response, we have elected

:54:44.:54:47.

mayors and new transport infrastructure and in my vidw once

:54:48.:54:51.

both parties have determined who their leader should be, we should

:54:52.:54:54.

get on and build a new hundred way in the south-east, because xou can't

:54:55.:54:58.

be open to the world the yot can't fly there and fifth, while we must

:54:59.:55:03.

seek the best possible terms of trade in goods and services

:55:04.:55:05.

including financial services with our European neighbour, now is the

:55:06.:55:08.

time to rebubble our efforts to promote trade with the rest of the

:55:09.:55:14.

world, I have spoken to my TS counterpart, I will be travdlling to

:55:15.:55:18.

China to build on that, MrSpeakering to conclude, this is a blueprint to

:55:19.:55:22.

meet our economic challenge, nothing positive will come from looking back

:55:23.:55:26.

in anger, we must lift our dyes to the horizon ahead and make the best

:55:27.:55:28.

of what is to come. I'd like it thank the Chancdllor for

:55:29.:55:36.

his response. I think it's hmportant that as in the Opposition d`y last

:55:37.:55:40.

week that we set the tone of our response at the level of national

:55:41.:55:44.

interest and take care to avoid making any statements that would

:55:45.:55:48.

adversely impact fragile markets. However, I have to say, that a lack

:55:49.:55:53.

of planning for a Leave votd is becoming evident across all policy

:55:54.:55:56.

areas. Instead of a clear plan of action, so far we've had a series of

:55:57.:56:00.

ad hoc statements and announcements, including yes, the grateful

:56:01.:56:04.

abandonment of the Brexit btdget which was to increase sharply, the

:56:05.:56:09.

fiscal surplus target has bden abandoned. Today the Chancellor s

:56:10.:56:12.

announced planned reductions in the Ed line rate of corporation tax

:56:13.:56:17.

Rather than ad hoc announcelents, we need a framework for economhc

:56:18.:56:19.

decision making. Previously the Government sought to do this with

:56:20.:56:23.

the fiscal charter, passed hnto law last Autumn, despite our opposition.

:56:24.:56:27.

Can I ask the Chancellor now, since he's no longer pursuing the fiscal

:56:28.:56:32.

charter, the fiscal surplus target, if the Chancellor is also -, charter

:56:33.:56:37.

is to be abandoned. Will he put a motion to repeal the law before this

:56:38.:56:40.

House? Will he seek to placd a new fiscal rule on a similar basis in

:56:41.:56:45.

legislation? He's announced today that he'll redouble his efforts to

:56:46.:56:48.

invest in the northern powerhouse. Of course, the details in this are

:56:49.:56:53.

to be decided. But can I ask the Chancellor to tell the Housd what he

:56:54.:56:57.

expects, when he expects to have a detailed programme of investment?

:56:58.:57:00.

What scale of investment should we expect? What areas and how focussed

:57:01.:57:05.

this investment will be? Dods he now agrow with those on this side of the

:57:06.:57:10.

House and his friend, the Sdcretary of State for work and pensions, that

:57:11.:57:14.

a major programme of development by Government is urgently needdd? And

:57:15.:57:19.

does he agree with the Home Secretary's decision not to

:57:20.:57:22.

guarantee to existing EU nationals living and working in this country

:57:23.:57:26.

and what will be the economhc effects of that, could i ask him

:57:27.:57:30.

therefore for a more detaildd statement to the House on the

:57:31.:57:33.

economic consequences of thhs decision? The Chancellor has

:57:34.:57:37.

promised while seeking to boost investment he will maintain the

:57:38.:57:41.

"consolidate we put in placd last year. " May I ask for Claird Fay

:57:42.:57:46.

kags on this -- clarification on this point? Is he ruling out further

:57:47.:57:53.

additional consolidation. Rdgarding the headline rate of corpor`tion

:57:54.:57:58.

tax, the news has not been received by our international partners.

:57:59.:58:05.

Pascal Lammy has accused thd Chancellor of tax dumping. He's

:58:06.:58:08.

highlighted the risks to future negotiations with the EU. I want to

:58:09.:58:13.

raise three questions on thhs issue. The Chancellor's budget this year

:58:14.:58:18.

suggested that his 1% reduction in the headline corporation tax rate

:58:19.:58:22.

would reduce expected reventes by ?1 billion. Does the Chancellor still

:58:23.:58:26.

hold to that estimate and how will the Chancellor pay for any losses in

:58:27.:58:31.

tetch revenues from the proposed corporation tax cuts? Who whll pay?

:58:32.:58:36.

The evidence from existing cuts to corporation is not favourable.

:58:37.:58:39.

Despite year on year reducthons in the headline rate to the lowest rate

:58:40.:58:45.

in the G 7, business investlent remains low by G 7 standards and has

:58:46.:58:50.

fallen for two consecutive puarters. Businesses are sitting on a cash

:58:51.:58:55.

pile of at least 500 billion yet failing to invest. What assdssment

:58:56.:58:59.

has the Chancellor made that a dramatic reduction in the

:59:00.:59:02.

corporation tax rate will now have the desired effect on busindss

:59:03.:59:05.

investment, given the absence of evidence on this so far? Let me

:59:06.:59:10.

finish on this, we know the circumstances after the Leave vote

:59:11.:59:14.

will be trying and major forecasters now anticipate the UK possibly

:59:15.:59:17.

entering a recession over the next year. The Chancellor's fisc`l

:59:18.:59:22.

approach has failed and been steadily abandoned. In the hnterests

:59:23.:59:25.

of the country, can I urge the Chancellor to commit now to adopt a

:59:26.:59:31.

fiscal approach that allows the flexibility to invest whilst

:59:32.:59:36.

maintaining fiscal discipline as we on these benches and some on his own

:59:37.:59:42.

side are now urging? I begin by noting that when I game the

:59:43.:59:46.

Chancellor there was a real question mark over Britain's ability to pay

:59:47.:59:49.

its way in the world that. Was reflected in our bond-year-olds

:59:50.:59:53.

Because of the determined effort over the last six years, whdn we've

:59:54.:59:56.

hit an economic shock as we have in the last two weeks, the response has

:59:57.:00:00.

been a fall in bond yields because people have confidence in the UK.

:00:01.:00:04.

When it comes to planning, let me say this, first of all, there have

:00:05.:00:08.

been extensive contingency plans in place to deal with financial market

:00:09.:00:11.

disorder as a result of a Ldave vote. The fact we are not ddbating

:00:12.:00:17.

that today shows those conthngency plans have been effective. We remain

:00:18.:00:21.

vigilant. But they were in place. The second decision we've got to

:00:22.:00:24.

make is what is the new moddl of our relationship with the EU. That was

:00:25.:00:28.

not on the ballot paper. Th`t's got to be a decision for Parlialent We

:00:29.:00:31.

set out the options for the country in advance of that referendtm debate

:00:32.:00:35.

and now we're going to have the discussion about what that new model

:00:36.:00:40.

is. The third thing when it comes to planning in advance is the fiscal

:00:41.:00:44.

charter specifically providds for the impact of a negative shock.

:00:45.:00:47.

That's what we've had. As a result the rules of the chartary ply, as I

:00:48.:00:53.

say, it's unlikely that the surplus will be achieved in 2019/20, but

:00:54.:00:57.

that will be for the OBR to formally assess. It will be up to thd

:00:58.:01:01.

Chancellor to produce new plans to restore the public finances to

:01:02.:01:04.

surplus and Parliament can have a vote on it. We thought about that in

:01:05.:01:08.

advance. It's in the charter voted on by the House of Commons. He talks

:01:09.:01:13.

about investment on Friday H met the Labour leader of Manchester City

:01:14.:01:18.

Council. He and I talked about how we can redouble efforts to hnvest in

:01:19.:01:23.

transport across the Penninds, on devolved powers for mayors `nd the

:01:24.:01:26.

like. That's is part of our response to the disenfranchisement that too

:01:27.:01:30.

many of our citizens and thd north of England have clearly felt. Then

:01:31.:01:35.

finally, there is the questhon he asks about business confidence and

:01:36.:01:38.

the corporation tax cuts. The corporation tax cuts that wd have

:01:39.:01:43.

produced in this Government have not only given us the lowest corporation

:01:44.:01:48.

tax rate amongst any of the advanced economies in the world, we've seen a

:01:49.:01:52.

20% increase in receipts from corporation tax because bushnesses

:01:53.:01:55.

are coming to this country growing their business in this country and

:01:56.:01:58.

employing two million peopld. I think the best response we can send

:01:59.:02:01.

to the world to show we're open for business is to go on reducing

:02:02.:02:07.

business tax. The Chancellor's done the rhght

:02:08.:02:15.

thing to butt rethe decisions - buttress the decisions of the Bank

:02:16.:02:21.

of England. The 2020 fiscal surplus target was always likely to be a

:02:22.:02:25.

casualty of the first sound of Brexit gunfire, and so it's proved.

:02:26.:02:30.

Does the Chancellor agree that what we need now, at least to develop

:02:31.:02:37.

over the next few months, is to most effectively bolster credibility over

:02:38.:02:40.

coming years is a rule that sets fiscal policy in a longer tdrm

:02:41.:02:46.

framework, one that's resilhent to short-term forecasts by the OBR

:02:47.:02:51.

What I'd say to my right honourable friend, it is clearly likelx we are

:02:52.:02:57.

going to be impacted by a cxclical downturn in the public finances

:02:58.:03:02.

because you can already see the growth forecasts being adjusted The

:03:03.:03:07.

OBR will help us make an assessment of the structural impact th`t the

:03:08.:03:12.

referendum result produces on the public finances and indeed our

:03:13.:03:16.

chances of hitting the targdt, though it looks unlikely we will hit

:03:17.:03:20.

that target. Then that's whdn in our fiscal charter it's up to the

:03:21.:03:24.

Government fro deuce a plan debated in this House and voted on by this

:03:25.:03:29.

House. We have provided for this contingency and now, we need to let

:03:30.:03:36.

the OBR do its work. Can I welcome what the Chancellor said for the

:03:37.:03:40.

monetary policy easing, which may come from the bank. Also wh`t he

:03:41.:03:44.

said about the automatic st`bilisers and in particular about export

:03:45.:03:48.

promotion. We hope that's m`tched by a u turn on the cuts to the UKTI

:03:49.:03:59.

export promotion budget. We welcome the U-turn on the arbitrary fiscal

:04:00.:04:04.

surplus ruled, which planned to cut more than ?40 billion a year and was

:04:05.:04:07.

required to run a balanced current account budget. And while wd do

:04:08.:04:13.

support tax competition, and recognise that corporation tax cuts

:04:14.:04:19.

may potentially be a useful tool in the fight against capital flight in

:04:20.:04:23.

the aftermath of the appallhng Brexit decision, it's also true to

:04:24.:04:29.

look at the 2016 red book ntmbers as a guide thatcy substantial, say 5%

:04:30.:04:35.

cut in corporation tax could in the absence of behavioural change lead

:04:36.:04:40.

to a reduction of revenue yheld of 2. ?2.5 billion a year. Can I ask

:04:41.:04:47.

the Chancellor one question in particular: Given that he h`s

:04:48.:04:52.

abandoned his fiscal rule, will he today rule out any plans to claw

:04:53.:04:58.

back potential losses in revenue yield from the cut in corporation

:04:59.:05:03.

tax in the absence of behavhoural change, through the mechanism of

:05:04.:05:05.

further attacks on the welf`re budget? Well, first of all, let me

:05:06.:05:14.

say to the honourable gentldman the Bank of England as a result of the

:05:15.:05:18.

reforms we've made over the last six years, it has many more tools at its

:05:19.:05:22.

disposal than it did in the financial crash. Obviously ht can

:05:23.:05:28.

act on monetary policy conshstent with the inflation target and the

:05:29.:05:33.

bank governor said that eashng was likely to be required. They do now

:05:34.:05:38.

have a number of other tools available, including countercyclical

:05:39.:05:40.

financial tools and that me`ns they've got a range of options to

:05:41.:05:45.

deploy. We will hear over the coming weeks, they're independent hn making

:05:46.:05:48.

this decision, how and if they need to deploy those tools. On

:05:49.:05:52.

corporation tax, I'm disappointed that the SNP spokesman has not

:05:53.:05:57.

reminded the House that I thought it was SNP policy to cut corporation

:05:58.:06:01.

tax. That was their policy for year after year. In the independdnce

:06:02.:06:05.

referendum they said one of the benefits of being independent was

:06:06.:06:09.

cutting corporation tax. Thd great thing by being in the United

:06:10.:06:14.

Kingdom, is that you can get the corporation cuts any way. When did

:06:15.:06:20.

my right honourable friend decide he wasn't going to introduce an

:06:21.:06:23.

emergency Brexit budget to penalise the people who voted Leave? Well,

:06:24.:06:27.

what I'd say to my honourable friend is this: We have to be realhstic

:06:28.:06:34.

that the economic shock that the referendum result has creatdd, and

:06:35.:06:38.

that is acknowledged just bx the bank governor, but independdnt

:06:39.:06:41.

forecasters and reflected in the financial markets, will havd an

:06:42.:06:44.

impact on the public financds. Partly that will be cyclical. But it

:06:45.:06:49.

will partly be structural as well. And in the end, a structural

:06:50.:06:54.

deficit, as my honourable friend, who's a good fiscal Conserv`tive

:06:55.:06:57.

will know, needs to be addrdssed through either reduced spending or

:06:58.:07:00.

higher taxes over time. As ` Conservative, I tend to look at the

:07:01.:07:04.

spending solution rather th`n the tax solution. But that is what

:07:05.:07:07.

happens if you have a structural deficit, as we know to our cost in

:07:08.:07:11.

it country. Let's wait for the OBR to make its assessment in the

:07:12.:07:14.

Autumn, then we can decide how to proceed. The Office for Budget

:07:15.:07:23.

Responsibility says that cuts in corporation tax so far have had no

:07:24.:07:28.

discernible impact on busindss investment or growth, indeed in the

:07:29.:07:33.

latest forecast, despite cuts to corporation tax, business investment

:07:34.:07:36.

was revised down. So can I trge the Chancellor to look instead `t

:07:37.:07:41.

helping small businesses or investing in infrastructure rather

:07:42.:07:45.

than going ahead with furthdr cuts in corporation tax, which so far,

:07:46.:07:50.

seem to have made no differdnce I'm all for supporting small businesses,

:07:51.:07:54.

which is why we have a pack`ge of rates relief in the budget. I'm all

:07:55.:07:59.

for making the big transport investments, which frankly this

:08:00.:08:02.

country has not done for a generation, that's why I support

:08:03.:08:06.

high speed two and throw and a new runway in the south-east of England.

:08:07.:08:12.

When it comes to corporation tax, actually the OBR, when we'vd

:08:13.:08:17.

introduced corporation tax cuts has revised up economic forecasts for

:08:18.:08:20.

business investment. It draws a link between the two. Indeed in the study

:08:21.:08:24.

done on the long-term impact of our corporation tax cuts so far, they've

:08:25.:08:28.

seen an increase in our long run GDP of 1. 3%, the equivalent to ?24

:08:29.:08:40.

billion in today's prices. Before the referendum, the finance bill set

:08:41.:08:43.

out a path for lower corpor`tion tax, so I'm pleased following the

:08:44.:08:46.

result that the Chancellor has set out further steps to reduce

:08:47.:08:50.

corporation tax and of course to invest much more into the northern

:08:51.:08:54.

powerhouse. Can my right honourable friend tell the House what

:08:55.:08:57.

conversations he's had with business leaders about his proactive approach

:08:58.:09:02.

following the referendum result I've had numerous conversathons with

:09:03.:09:06.

various business leaders and indeed leaders of financial institttions

:09:07.:09:10.

over the last ten days and tomorrow, I am meeting the heads of some of

:09:11.:09:13.

the major banks as well to discuss how we proceed. The overall message

:09:14.:09:18.

and the very clear message from the business council, the Prime

:09:19.:09:23.

Minister's business council, let us send a message round the world that

:09:24.:09:25.

we are not closed for busindss. We're not turning our back on the

:09:26.:09:29.

world. We're open to business and we're reaching out to the world

:09:30.:09:33.

That's why a good way of dohng that is to further reduce corpor`tion

:09:34.:09:36.

tax. Then we must make the lost of those links not just with otr

:09:37.:09:40.

European friends, but with countries like China, India, the Unitdd

:09:41.:09:43.

States, where we should be seeking to strengthen our trading lhnks

:09:44.:09:48.

Horizon ahead and make the best of what is to come. Cutting thd

:09:49.:09:53.

corporation tax in this way is highly likely to annoy our DU

:09:54.:09:59.

partners, which is extremelx foolish in the trounce the Article 40

:10:00.:10:03.

negotiations, wouldn't a better way of averting the risk of recdssion be

:10:04.:10:09.

to promise to replace the ET funds which we are going to lose, and

:10:10.:10:16.

which were such an important part of the northern devolution deals. But

:10:17.:10:19.

when it comes to annoying otr European partners I don't think this

:10:20.:10:23.

is going to be the thing th`t really tips the balance in the last couple

:10:24.:10:29.

of weeks. But if you look at, if you look at Ireland a member of the

:10:30.:10:35.

European Union, it is of cotrse 12.5% corps ration tax rate. When it

:10:36.:10:40.

comes to investment in the north and Midlands I an open to what further

:10:41.:10:44.

steps we can take, I do not pretend we have done everything that is

:10:45.:10:47.

possible. There is more we will have to do. All of us, particularly those

:10:48.:10:52.

who represent constituencies in the north and Midlands I think need to

:10:53.:10:59.

focus on what we can do to lake sure people feel more enfranchisdd and

:11:00.:11:02.

connected with the economic success of this country.

:11:03.:11:05.

Thank you. The Brexit vote was going to require a Treasury response so I

:11:06.:11:10.

am pleased the Chancellor h`s produced one, rather than

:11:11.:11:12.

concentrate on the profit loss, I wonder if he would care to look at

:11:13.:11:16.

the balance sheet and consider measures to lift or relieve some of

:11:17.:11:22.

the constraints on the oper`tion and he quidty of capital. Fundalental is

:11:23.:11:27.

our capital growth and tax `nd regulation are a constaint. So could

:11:28.:11:32.

he look at investment allow`nce tax break on starting new busindsses and

:11:33.:11:40.

capital gains tax. My right honourable friend hs right

:11:41.:11:45.

to say that while taxes on business profits are important, capital taxes

:11:46.:11:49.

are also vital, to stimulathng investment. That is why of course in

:11:50.:11:55.

the budget we reduce capital gains tax, with hindsight that is more

:11:56.:11:59.

sensible move than I thought it was at the time ooh time. I am `lways

:12:00.:12:05.

ready to consider allowance, we have successful ones like the EIS scheme.

:12:06.:12:10.

The balance has to be betwedn the simplification and simplicity of the

:12:11.:12:15.

tax system and new allowancds and sometimes some people call on me to

:12:16.:12:19.

do both with the same breath. I know not my right honourable fridnd

:12:20.:12:21.

because he is clear in his think, have to say I think reducing

:12:22.:12:25.

headline rates is generally the better approach.

:12:26.:12:33.

With the benefit of hindsight with the Chancellor accept that his

:12:34.:12:37.

original threat to introducd a deflationary budget in the dvent of

:12:38.:12:41.

a Brexit vote was bogus and counter productive? What I was setthng out

:12:42.:12:48.

with Alistair Darling, my ilmediate predecessor, was the realisl that

:12:49.:12:52.

will be required when we understand that the economy impacted bx the

:12:53.:12:56.

vote will have an impact on the public finance, and then it will be

:12:57.:12:59.

up to the House of Commons to decide how we proceed. And it is ilportant

:13:00.:13:03.

that information was in the public domain before people voted.

:13:04.:13:09.

Thank you can I first of all put on my records the thanks to thd

:13:10.:13:12.

Chancellor he has done in stabilising the economy following

:13:13.:13:17.

the Brexit vote in the last week, in my constituencies a company that

:13:18.:13:23.

depends on export what mess`ge does he have for exporting, about

:13:24.:13:26.

Britain's role in the world of trade in the future? I think therd are two

:13:27.:13:30.

things we need to do. First of all we need the of course, determine our

:13:31.:13:35.

new trading relationship with our European partner, half of otr

:13:36.:13:38.

exports or thereabout go to 2 European continent and in mx view,

:13:39.:13:43.

we should be pushing forer the best possible terms of trading goods and

:13:44.:13:47.

business services including financial services, second, we

:13:48.:13:50.

should be maximising our links with the rest of the world, I thhnk we

:13:51.:13:54.

have a real opportunity for China, as he will know, I have been very

:13:55.:13:58.

involved in trying to strengthen the relationship with that big lerging

:13:59.:14:02.

economy in our world, but wd should look to linking with Japan, India,

:14:03.:14:07.

China w the US, and with thd Commonwealth, and this is, xou know,

:14:08.:14:11.

a call to action we need to redouble our efforts.

:14:12.:14:22.

Thank you. The Chancellor g`ined the his office because he promised in

:14:23.:14:26.

2010 he wonder eradicate thd deficit by 2015. He failed on that `s we

:14:27.:14:32.

knew he would. Now he is giving up on achieving it by 2020 or `ny

:14:33.:14:37.

specific future date. Wasn't that long-term economic plan onlx ever

:14:38.:14:42.

just a vacuous slogan, and now you have dumped it? I think we gained

:14:43.:14:48.

office because we were faced with a complete economic mess under the

:14:49.:14:51.

last Labour Government, we promised to turn it round and we got a record

:14:52.:14:55.

number of people in work and we have had the fastest growing economy for

:14:56.:14:59.

the last three years, when ht comes to the deficit, he left me with an

:15:00.:15:04.

11% budget deficit. The highest in the peacetime history of thhs

:15:05.:15:07.

country, this year it is forecast to be below 3%. So I will comp`re our

:15:08.:15:16.

record, with their record. Chancellor will be aware th`t I have

:15:17.:15:21.

many small and heed yum sizdd businesses in my constituency who ex

:15:22.:15:24.

port to Europe. Can he expl`in what steps he is taking to make sure that

:15:25.:15:30.

UK T. It has a package that allows them to look more Golubevly for

:15:31.:15:34.

export, particularly for thd smaller and medium sized businesses? Well,

:15:35.:15:39.

of course I know her constituency well as it neighbours my own and we

:15:40.:15:43.

have similar communities we represent in Parliament. I would say

:15:44.:15:47.

we don't have to make a chohce as a country, between exporting to Europe

:15:48.:15:50.

and to the world. We should be doing both. So we should be of cotrse

:15:51.:15:56.

doing everything we can to laintain close trading links with our

:15:57.:15:59.

European partners and build on them if possible. We should be looking

:16:00.:16:02.

for opportunities round the rest of the world. And that is why this trip

:16:03.:16:08.

am making to China will be `n opportunity to communicate that

:16:09.:16:12.

message and I have spoken to the speaker of Congress about what we

:16:13.:16:16.

can do to strengthen our links with the US administration, with that

:16:17.:16:20.

huge market. In the end the best thing UK TI can do is help not just

:16:21.:16:26.

the largest companies but the small businesses, if you went to Germany

:16:27.:16:31.

many more small and medium sized companies would be exporting than do

:16:32.:16:34.

in the UK, that is something within our own gift we can address and we

:16:35.:16:38.

need to give them all the hdlp we can.

:16:39.:16:47.

This week marks a year sincd the Chancellor pubbed his productivity

:16:48.:16:50.

plan and his record speaks for itself. Productivity remains at the

:16:51.:16:55.

bottom of the league table `nd 7% lore than average. The plan was

:16:56.:17:00.

never a plan. His decision today continues down that road. Isn't it

:17:01.:17:05.

time that he does what Brithsh businesses are calling for, which is

:17:06.:17:11.

investment in our school, in infrastructure, and affordable

:17:12.:17:13.

housing for workers rather than doing what he is doing todax, which

:17:14.:17:18.

is run the risk of us becomhng tax haven Britain.

:17:19.:17:23.

I don't think the business community wanted the see higher taxes which is

:17:24.:17:27.

the Labour proposal. When it comes to the major transport investments

:17:28.:17:29.

we are making them. The Labour Party was in office all those years when

:17:30.:17:33.

the money was apparently coling in, where were the major investlents in

:17:34.:17:38.

the railways, where were thd investments in the in roads they

:17:39.:17:41.

complain about some of our dnergy investment, where are the power

:17:42.:17:46.

stations that opened up unddr those periods in the Labour Government.

:17:47.:17:49.

The more we look at that period of our economic history we can see what

:17:50.:17:54.

a massive missed opportunitx it was. I am disappointed that none of the

:17:55.:18:00.

leading Leave campaigners are hear to listen to what the Chancdllor has

:18:01.:18:03.

to say about the impact of Brexit. Will the Chancellor put the economy

:18:04.:18:08.

on a war footing to save off a recession, invest in infrastructure,

:18:09.:18:12.

particularly housing, and privatise support to small and medium

:18:13.:18:15.

businesses through the Brithsh business bank set up by the Liberal

:18:16.:18:20.

Democrats in coalition, so that companies will continue to receive

:18:21.:18:26.

support if bank lending drids up? Well, fist of all the British

:18:27.:18:29.

business bank which I was a policy announced by me I think at this

:18:30.:18:35.

despatch box, is working successfully and I pay tribtte to

:18:36.:18:39.

Liberal Democrat colleagues in that Government for helping us ddliver

:18:40.:18:42.

it. It has an important rold to play going forward. Look, he is right in

:18:43.:18:46.

the broader sense which is we need to look what the we can do to

:18:47.:18:50.

support demand and credit. The Bank of England has many tools and the

:18:51.:18:54.

Governor of the Bank of England has indicated that in his personal

:18:55.:18:57.

opinion we should be looking at monetary easing.

:18:58.:19:02.

The Chancellor on his fiscal response and his comment on Heathrow

:19:03.:19:06.

in the statement. Can I also ask him to reassure the House about the

:19:07.:19:12.

strength and stability of the UK banking system. Well, can I thank my

:19:13.:19:16.

right honourable friend for his remark, I should point out H did not

:19:17.:19:21.

identify where this additional runway should be in the south-east

:19:22.:19:26.

of England, although I can't help I know his constituency is next to

:19:27.:19:30.

Gatwick, so that might be a loaded question. Let me make a bro`der he

:19:31.:19:35.

is right to point to the st`bility of the banking system. We are not

:19:36.:19:39.

today, although we remain vhgilant talking about a banking crisis,

:19:40.:19:43.

despite a very significant adjustment in financial markets and

:19:44.:19:47.

that is because of difficult decisions taken by this Govdrnment,

:19:48.:19:51.

and the coalition predecessor, to strengthen the capital requhrements

:19:52.:19:54.

so banks have ten times as luch capital as they did seven or eight

:19:55.:19:58.

years ago, to strengthen thd oversight of the banking system by

:19:59.:20:02.

by putting the Bank of Engl`nd in charge. Think those decisions have

:20:03.:20:05.

been justified by what has happened in the last ten day, but th`t

:20:06.:20:10.

doesn't mean we we ease up, we remain vigilant.

:20:11.:20:15.

The Chancellor refers to his fiscal charter which of course has three

:20:16.:20:22.

pillars, the first is the wdlfare cap, the second is debt redtction

:20:23.:20:25.

every year of this Parliament and the third of course is his deficit

:20:26.:20:31.

reduction target by 2019/20. We know he is not going to meet the latter,

:20:32.:20:36.

can he perhaps update the House on the other two pillars? The fiscal

:20:37.:20:42.

charter was explicitly designed to make sure that the House of Commons

:20:43.:20:46.

could hold to account ministers for fiscal policy and remain controls on

:20:47.:20:52.

welfare policy, but it provhded for a, a specific requirement when there

:20:53.:20:55.

was a negative shock, to cole back to the House of Commons, with a new

:20:56.:21:00.

way forward. That it seems to me is thinking ahead, and it has been

:21:01.:21:04.

required because of the challenges we now face in the economy.

:21:05.:21:11.

Almost to % of people within the Calder Valley work in manuf`cturing,

:21:12.:21:17.

much of which is high end ndarby manufacturing. Does my right

:21:18.:21:21.

honourable friend agree these business need us to negotiate trade

:21:22.:21:24.

agreements not just with thd EU but the rest of the world and it would

:21:25.:21:29.

be wise to draw breath before we rush into triggering Articld 50 for

:21:30.:21:36.

our exit from the EU? Well, the Prime Minister's position which I

:21:37.:21:39.

share, and I think is sensible for this country, is that we should

:21:40.:21:43.

trigger Article 50 when we `re clear collectively about the new lodel of

:21:44.:21:47.

relationship we want with otr European allies, and so that we are

:21:48.:21:51.

well prepared for the negothations that we would embark on.

:21:52.:22:00.

The Government has already `pproved the power to the Northern Ireland

:22:01.:22:04.

executive to reduce corporation tax, in that context does the Ch`ncellor

:22:05.:22:09.

accept this decision to cut corps ration tax in Britain to 15$ raises

:22:10.:22:15.

issues of attractiveness and competitiveness for the Northern

:22:16.:22:19.

Ireland rate, in attracting foreign direct investment? Well, of course

:22:20.:22:23.

under these arrangements and we still have to work out as she knows

:22:24.:22:29.

the fiscal underpinning the of the arrangement, but under thesd

:22:30.:22:32.

arrangement the Northern Irdland pecktive can set any rate it wants

:22:33.:22:39.

but the good news about redtcing the UK rate makes it cheaper for the

:22:40.:22:44.

Northern Ireland Executive to reduce its corporation tax rate.

:22:45.:22:50.

I very much welcome the comlitment to lower corps ration tax r`te. To

:22:51.:22:55.

echo the point from my right honourable friend from north

:22:56.:23:00.

Hampshire, I visited a printer if my constituency, they make the point

:23:01.:23:04.

that capital allowances havd been cut back. Given the importance of

:23:05.:23:08.

manufacturing, can I ask hil to keep that under review.

:23:09.:23:15.

Well of course we keep the taxes under review, as I say, my revealed

:23:16.:23:21.

preference is generally to try and reduce reliefs and headline rates,

:23:22.:23:25.

which I think is the least economically distorting approach but

:23:26.:23:28.

there are many exceptions to that, one has been the investment

:23:29.:23:32.

allowance which we have increased which is targeted to small `nd

:23:33.:23:37.

medium sized bids, it stands at 200,00 pounds as a permanent annual

:23:38.:23:41.

allowance, the highest it h`s erbeen.

:23:42.:23:46.

The Chancellor is fond of h`ving a pop at the last Labour Government.

:23:47.:23:52.

But that Government had a crisis in the markets, to which the Government

:23:53.:23:55.

had to respond. This is a crisis made in Government, to which the

:23:56.:23:59.

markets are responding. And with that in mind, can I ask the

:24:00.:24:02.

Chancellor, therefore, becatse he hasn't answered it yet, what proper

:24:03.:24:07.

assessment he has made, of the impact of this cut in corporation

:24:08.:24:11.

tax on our country's crisis in productivity.

:24:12.:24:18.

Well, first of all, the problems in financial markets eight years ago

:24:19.:24:22.

hit this country more severdly than almost any other country in the

:24:23.:24:26.

world. The Government takes some responsibility for that. Second the

:24:27.:24:29.

challenge we face is the ch`llenge delivered by our democracy, you

:24:30.:24:34.

know, this is a democratic outcome which we accept and respect and we

:24:35.:24:39.

have to make work for our country, I am determined to make that happen.

:24:40.:24:43.

When it comes to productivity growth say it challenge in every wdstern

:24:44.:24:46.

democracy at the moment, as she knows. In the US they are predicting

:24:47.:24:54.

negative growth. In the UK ht is improving, education reform,

:24:55.:24:56.

transport investment are good places to start.

:24:57.:25:02.

From the moment the result of the EU referendum was announced, the

:25:03.:25:06.

British people saying they wanted to leave the European Union, prominent

:25:07.:25:10.

commentators and most areas of the media have revelling in running down

:25:11.:25:13.

the British economy. On that would my right honourable friend `gree

:25:14.:25:18.

with me, with employment at record highs and unemployment at a ten year

:25:19.:25:22.

low, the British economy is well placed to face the future.

:25:23.:25:29.

I completely agree with my honourable friend. I think we are

:25:30.:25:36.

well placed because we have got behind Britain's businesses large

:25:37.:25:40.

and small. The collective ddcision we took six years ago was to push or

:25:41.:25:44.

a private sector recovery bhll rather than continually pump

:25:45.:25:49.

government money into sustahn the economy. That approach has been

:25:50.:25:53.

vindicated by the record nulber of jobs created, the record nulber of

:25:54.:25:58.

businesses created in the rdcord growth compared with other dconomies

:25:59.:26:04.

we have seen. A few weeks ago we were told there would be another

:26:05.:26:11.

budget presented to Parliamdnt if we work to leave the EU. Now wd have

:26:12.:26:18.

had a cut in corporation tax. Is it not the case with the number of

:26:19.:26:25.

U-turns, the Chancellor is working on the make it up as you go a long

:26:26.:26:30.

planned? The contingency pl`ns we had in place with joint plans of the

:26:31.:26:35.

Treasury and the Bank of England and require the authorisation of the

:26:36.:26:38.

Chancellor in certain aspects. We now have to make a decision, based

:26:39.:26:44.

on the assessment we made bdfore the referendums on the different models,

:26:45.:26:47.

of how we want to proceed as a country. I want the closest possible

:26:48.:26:54.

economic links so that vital industries, not just manufacturing

:26:55.:27:02.

but financial, which are very important to trade as freelx as

:27:03.:27:05.

possible with European neighbours. The UK is a world leader in the

:27:06.:27:11.

financial services sector and contributes substantially to

:27:12.:27:13.

corporation tax receipts. Wdll the Chancellor do all he can to protect

:27:14.:27:20.

this vital sector? Financial services is the largest

:27:21.:27:23.

private-sector employer. Two thirds of the jobs are outside our capital

:27:24.:27:29.

city. It is a vital industrx in many different towns and cities of the

:27:30.:27:34.

United Kingdom. I would say, one of the key priorities and making sure

:27:35.:27:38.

our financial services industry continues to be a success story and

:27:39.:27:43.

is able to sell its services into the European continent but `lso that

:27:44.:27:48.

we strengthen links with other great global financial centres and

:27:49.:27:52.

economies. For example, becoming an offshore trading centre has become a

:27:53.:28:00.

real success story. Well thd Chancellor support investment in

:28:01.:28:10.

projects like food, and electrifying the south Wales Metro and ilproving

:28:11.:28:14.

roads question that would rdally help employment in the south Wales

:28:15.:28:19.

valleys and across the UK. H am always happy to look at any good

:28:20.:28:24.

proposals to make further investment in the transport infrastructure We

:28:25.:28:27.

are supporting a ledge of occasion of the railway lines into South

:28:28.:28:34.

Wales and into the valleys. -- electrification. If he has further

:28:35.:28:39.

proposals, I am very happy to look at them. When he cut corpor`tion tax

:28:40.:28:47.

in the budget, the tonsil rdduced losses the banks could offsdt

:28:48.:28:53.

against corporation tax liabilities. -- the Chancellor. Whilst wd have

:28:54.:28:58.

the lowest rates possible, we must insure everyone pays their fair

:28:59.:29:04.

share. As well as reducing corporation tax rates, we dhd a lot

:29:05.:29:08.

to reduce some of the reliefs. Some of the reliefs have been abtsed

:29:09.:29:15.

That is broadly speaking thd right direction of travel for the tax

:29:16.:29:21.

system. The price for patients goes to Nigel Mills. That is not a prize

:29:22.:29:31.

I get very often. -- a prizd. With the reduction in corporation tax, I

:29:32.:29:35.

guess I should welcome it. To get the most benefit we need to

:29:36.:29:39.

simplified the business tax system further to make it more attractive.

:29:40.:29:48.

Chancellor of the Exchequer. We are seeking to make our business tax

:29:49.:29:53.

system simpler and on a statutory footing. I can be a little bit

:29:54.:30:00.

discursive right at the end. In this job, you get many requests for tax

:30:01.:30:06.

relief and breaks and they `re all worthy and sensible. They do

:30:07.:30:11.

complicate the tax system. Sometimes the more difficult path is to say,

:30:12.:30:16.

welcome as lots of different beliefs would be, the simpler thing would be

:30:17.:30:20.

to reduce the rate. Broadly speaking, there are exceptions to

:30:21.:30:24.

this, but it is the approach I followed and intend to follow in the

:30:25.:30:32.

future. Thank you. We now come to presentation of bills.

:30:33.:30:38.

Presentation of Bill, Kevin Foster. The enforcement bill. What day?

:30:39.:30:55.

Friday, 2nd of December. Presentation of Bill, Kevin Foster.

:30:56.:31:03.

Broadcasting radio multiplexes bill. Friday 13th of January. Wild animals

:31:04.:31:11.

in circuses, Prohibition Bill. Second reading, what say? Friday

:31:12.:31:20.

24th of February. Presentathon of Bill, Kevin Foster? Animal fighting

:31:21.:31:26.

sentencing bill. What day? 24th of February. Presentation of Bhll,

:31:27.:31:38.

Wendy Morton. Local audit, public access to documents Bill. Sdcond

:31:39.:31:46.

reading? Friday, 25th of November. Presentation of Bill, Wendy Morton.

:31:47.:31:53.

Crown tenants is built. What day? Friday 16th of December. Wendy

:31:54.:32:00.

Morton. Highway works, weekdnd working and traffic managemdnt

:32:01.:32:06.

measures Bill. Second reading what day? Friday 20th of January, 20 7.

:32:07.:32:14.

Friday, 20th of January. Presentation Bill, Wendy Morton

:32:15.:32:19.

Wildlife protection Bill. Sdcond reading what day? Friday, third

:32:20.:32:21.

February, 2017. On presentation of Bill on behalf of

:32:22.:32:39.

Michael Tomlinson. Wendy Morton Use of property protection Bill. Second

:32:40.:32:45.

reading, what day? Friday 20st of October. Presentation of Bill on

:32:46.:32:49.

behalf of Michael Tomlinson, Wendy Morton. Road traffic of offdnders

:32:50.:32:54.

surrender of driving licencds, etc, Bill. Second reading about what day?

:32:55.:33:04.

Friday 27th of January, 2017. Presentation of Bill on beh`lf of

:33:05.:33:10.

Michael Tomlinson. Providers of health and social care under the

:33:11.:33:13.

National Health Service act 201 Bill. Second reading, what day?

:33:14.:33:21.

Friday 24th of March, 2017. Friday, 24th of March. On behalf of Michael

:33:22.:33:28.

Tomlinson, Wendy Morton. Carbon monoxide poisoning safety abroad

:33:29.:33:35.

Bill. Second reading, what day? Friday, 24th of March, 2017.

:33:36.:33:39.

Presentation of Bill... 28th of October, 2016. Presdntation

:33:40.:34:12.

of Bill, Caroline Lucas? Personal social health and economic Bill

:34:13.:34:19.

Friday 22nd of January. Housing tenants rights Bill. Second reading

:34:20.:34:31.

when? Friday, 20th of January. Presentation of Bill, Carolhne

:34:32.:34:37.

Lucas. Railways Bill. What day? Friday 20th of January. Presentation

:34:38.:34:47.

of Bill, Anna Turley? Animal cruelty sentencing bill. Second reading what

:34:48.:34:56.

day? 24th of February, 2017. Presentation of Bill, Anna Turley?

:34:57.:34:59.

Malicious Communications social media Bill. Second reading, what

:35:00.:35:08.

date? 24th of March, 2017. Thank you. We now come to the bushness of

:35:09.:35:22.

the day. We come first to the motion on the Ministry of Justice dstimate.

:35:23.:35:31.

The question is as on the order paper. I called to propose the

:35:32.:35:36.

motion the chair of the Justice committee, Mr Robert Neill. I thank

:35:37.:35:42.

you, Madam Deputy Speaker. Ht is a great pleasure and privilegd to be

:35:43.:35:45.

or to propose the motion and raise this issue on the back of the report

:35:46.:35:52.

by our select committee. It is the first occasion that we have had

:35:53.:35:57.

first time ever, I think, that one of our committees reports h`s been

:35:58.:36:06.

debated. In starting, can I express my appreciation to all the lembers

:36:07.:36:10.

of the committee for the very constructive and diligent w`y in

:36:11.:36:14.

which they approached the work of the committee as a whole and this

:36:15.:36:21.

report in particular. It has been approached in an entirely

:36:22.:36:26.

collaboratively nonpartisan spirit. As is appropriate for anythhng that

:36:27.:36:31.

touches on the law and justhce, we have endeavoured to base our

:36:32.:36:33.

conclusions on the evidence that has come before us. I really gr`teful

:36:34.:36:42.

for that. It was agreed unanimously. I hope that will weigh with the

:36:43.:36:47.

House and ministers when thdy consider it. We also have

:36:48.:36:52.

significant assistance from the evidence we received and witnesses

:36:53.:36:58.

both written and oral. It is particularly worth noting, Ladam

:36:59.:37:02.

Deputy Speaker, we were asshsted by the evidence Berry senior mdmbers of

:37:03.:37:07.

the judiciary. The master of the roles, but resident and famhly

:37:08.:37:13.

division, and senior Presiddnt of tribunal. -- the president. They

:37:14.:37:17.

ought to carry considerable weight indeed. There is no doubt that over

:37:18.:37:27.

the last years, these have spread and increase in terms of cases.

:37:28.:37:31.

There have been a number of proposals brought forward for

:37:32.:37:34.

further increases. When we set up the inquiry, we did so on the basis

:37:35.:37:40.

of four objectives to be looked into. One was, how have the

:37:41.:37:45.

increased court fees and introduction of employment Tribunal

:37:46.:37:48.

fees, which they were not bdfore, how has it affected access to

:37:49.:37:54.

justice? How has it affected the volume and quality of cases brought?

:37:55.:37:59.

How has the court fee regimd affected the competitiveness of the

:38:00.:38:05.

legal services market in England and Wales? Thirdly, we particul`rly

:38:06.:38:08.

wanted to look at the effect on defendants on the introducthon of

:38:09.:38:12.

the criminal courts charge, more on that in a moment. Fourthly, to look

:38:13.:38:20.

at the impact of the increases in courts and tribunal 's fees

:38:21.:38:27.

announced in the document, command 9123 court and tribunal fees

:38:28.:38:32.

published on the 22nd of July, 015, and then subsequent proposals are

:38:33.:38:36.

brought forward thereafter. In relation to the criminal cotrts

:38:37.:38:39.

charge, I am very grateful to the Government for having moved swiftly

:38:40.:38:43.

on this. We decided, so cle`r was the evidence that the criminal

:38:44.:38:49.

courts charge did not work `nd was counter-productive, costing as much

:38:50.:38:51.

to administer as it was ever going to bring in. We did couple that from

:38:52.:38:57.

the main part of the report and brought it forward quickly. I am

:38:58.:39:02.

grateful to the Government for their very prompt response to that. Any

:39:03.:39:08.

moving to accept the recommdndation and abolish the charge. In fairness,

:39:09.:39:12.

the Secretary of State for Justice and his ministerial team deserve

:39:13.:39:17.

great credit for that. We should not criticise politicians when they are

:39:18.:39:19.

prepared to change their minds. I think it is a famous doctrine of

:39:20.:39:26.

John panes. When the facts change, change my opinion. The Government

:39:27.:39:30.

listen to the evidence and remove the criminals courts charge. I hope

:39:31.:39:36.

they will be as expeditious and responsive to a number of the other

:39:37.:39:39.

matters that we bring forward in this report.

:39:40.:39:44.

Ture. An excellent report btt I think would it not be fair to say

:39:45.:39:51.

the Secretary of State changed. I don't know if that is one of the

:39:52.:39:58.

principles. It is just what was always a mad scheme, suddenly some

:39:59.:40:03.

light was shone on it. I don't want to detract from the credit to his

:40:04.:40:08.

committee. I am grateful for the spirit of the honourable gentleman's

:40:09.:40:13.

contribution, I am a friend of both the current and the former Secretary

:40:14.:40:17.

of States. But credit to those who responded to the evidence, H think

:40:18.:40:22.

is the appropriate and balanced way to deal with that. It is just worth

:40:23.:40:27.

looking at a little bit of the chronology on one matter I `m going

:40:28.:40:31.

to turn to. As well as thosd significant witnesses that we have

:40:32.:40:35.

from judiciary, of course wd had also evidence from trade unhons

:40:36.:40:39.

from the business community, and evidence from the Bar Counchl, The

:40:40.:40:46.

Law Society, and a number of other individuals and interest group, we

:40:47.:40:50.

had four oral evidence sesshons between November 2015 and Fdbruary

:40:51.:40:55.

2016 and the last of those was on the 9th February when we he`rd from

:40:56.:41:01.

the legal profession and fldn the minister, the honourable melber for

:41:02.:41:06.

North West Cambridgeshire. We then waited, because we were anthcipating

:41:07.:41:11.

the promised post implement`tion review of the impact of employment

:41:12.:41:16.

tribunal fees. This had been an important part of the evidence put

:41:17.:41:19.

before us, we know it had bden commissioned. We know it had been

:41:20.:41:25.

commissioned some time back, and we waited. And nothing came forward.

:41:26.:41:32.

And in the end, on the 25th of April, the honourable gentldman the

:41:33.:41:39.

minister who is on the front bench, courteously taken over

:41:40.:41:42.

responsibility, responded btt was unable to give any opinion of a

:41:43.:41:47.

publication date. I have to say we don't regard that as satisf`ctory,

:41:48.:41:50.

it was against that backgrotnd, rather than waiting for the two

:41:51.:41:56.

months normal period to the Government to respond we thought it

:41:57.:42:00.

right to bring to it the Hotse day in the estimates day debate.

:42:01.:42:08.

Will he Would he like to tell us whether we have received th`t

:42:09.:42:12.

report? Sno no, we have not. I have to say we are using our report

:42:13.:42:16.

strong language about that because we were disappointed and it does go

:42:17.:42:21.

against the normal spirit of courtesy openness and cooperation

:42:22.:42:27.

which in my experience I have always found from the Ministry of Justice

:42:28.:42:31.

team during which time I have been chairing the Select Committde. I

:42:32.:42:34.

hope the minister will give an indication as to why it has taken so

:42:35.:42:39.

long and when. When. I know sometimes these things aren't easy

:42:40.:42:42.

but it is clear the factual data that was required for that `nalysis

:42:43.:42:47.

was collected a long time ago and we say in our report there can be no

:42:48.:42:51.

reason why that factual matdrial cannot be published forth whth, even

:42:52.:42:55.

if the Government is not in a position to make a response. Because

:42:56.:43:00.

the more informed the House, and the public are about the outcomd of that

:43:01.:43:05.

the better. So that is the `rea of regret we say, that is why we say

:43:06.:43:10.

having this debate today is both important, and timely. Can H just

:43:11.:43:18.

then touch on some of the principles that we are concerned with. The

:43:19.:43:24.

levels of courts and tribun`l fees of various kinds have been

:43:25.:43:28.

politically controversial. Ht is fair to say, that we all nedd to

:43:29.:43:33.

bear in mind that a balance has to be struck between the cost to the

:43:34.:43:38.

public purse of administering a justice system, which frankly is an

:43:39.:43:43.

integral part of any civilised society and how much can be

:43:44.:43:47.

reasonably be recovered frol litigant, and we say in principle,

:43:48.:43:52.

we don't have an objection to the thought that there should bd some

:43:53.:43:55.

financial discipline on those who choose to go to law, those who

:43:56.:43:59.

choose to litigate in decidhng whether north it is a wise decision

:44:00.:44:04.

for them to make. So we don't have a problem with the principle of a

:44:05.:44:08.

level of fee, but equally you have to bear in mind, of course, the

:44:09.:44:15.

comments made consistently since Magna Kata but captured by the late

:44:16.:44:21.

Lord Bingham in his book, The Rule of Law which should be comptlsory

:44:22.:44:25.

reading for anybody in the political sphere. It says accessibility to

:44:26.:44:32.

justice is as much part of the fundamental of the rule of law as

:44:33.:44:39.

clarity of the law itself. @nd in a sense, we uses a phrase justice

:44:40.:44:45.

isn't a commodity in the wax that other perhaps services can be a

:44:46.:44:49.

commodity. So getting that balance righter, I think is important. That

:44:50.:44:54.

is where we have some concerns that I will now turn to. We do accept,

:44:55.:44:58.

therefore, that there is no problem with fees in Palestinians, for

:44:59.:45:04.

litigants, we know that there are financial pressures on the Linistry.

:45:05.:45:08.

It is not a protected department. I understand the pressures th`t

:45:09.:45:12.

ministers were under when the decisions were taken. With hts

:45:13.:45:17.

legitimate to find a number of means of reducing the number of vdxatious

:45:18.:45:22.

claim, that can be done perhaps by part of the financial discipline but

:45:23.:45:27.

it could be done by changing the law, to raise the threshold, or by

:45:28.:45:31.

changing to changes to got xour seed your, so it is part of the lix and

:45:32.:45:35.

that is a legitimate part of the mix. But, and I think that hs the

:45:36.:45:39.

point, there are a number of butts we have to say looking at the

:45:40.:45:45.

evidence. -- buts. The answdr to what is a reasonable charge in

:45:46.:45:48.

making that balance is going to vary, depending on a number of

:45:49.:45:53.

factor, the effectiveness of fee remission, the vulnerabilitx of the

:45:54.:45:57.

claimant or otherwise and the degree of choice at which they havd. It is

:45:58.:46:02.

there is a distinction for dxample between someone who chooses to

:46:03.:46:06.

litigate over a commercial contract dispute and someone on the one hand

:46:07.:46:12.

is charged by the state with an offence or indeed someone whose

:46:13.:46:16.

marriage has broken down and has no other recourse to have the larriage

:46:17.:46:22.

dissolved but to go to the courts, so, that degree of choice is an

:46:23.:46:27.

important issue that has to be in our judgment considered cardfully in

:46:28.:46:33.

each case. There is an argulent as far as you can, within that balance,

:46:34.:46:36.

of trying to recover some of the costs that fall upon the public

:46:37.:46:40.

purse. Some cases it may be possible to recover all of the cost, but that

:46:41.:46:46.

can't be an absolute. But wd are particularly struck that in some

:46:47.:46:52.

cases we have fees which actually exceed the full cost of the

:46:53.:46:56.

operation of the court. Thex are sometimes referred to as enhanced

:46:57.:47:01.

fees. We take the view conshstent with that formulation of Lord

:47:02.:47:05.

Bingham, consistent with a public policy approach we have had for

:47:06.:47:09.

decades in this country, th`t to do something like that in effect to

:47:10.:47:14.

make a profit, from the justice system, albeit one that is hntended

:47:15.:47:18.

to be used els where, to do something like that requires

:47:19.:47:21.

particular care and strong justification. And... I will give

:47:22.:47:29.

way. I listened carefully to what he said and the point he makes about

:47:30.:47:32.

the Justice Department making a profit. Surely we should not be

:47:33.:47:37.

making a profit out of justhce, the point about getting rid of fees and

:47:38.:47:41.

having access to justice is making sure that everybody in this country

:47:42.:47:46.

can be productive, particul`rly women who can be discriminated

:47:47.:47:49.

defend which will drive up productivity and boost the dconomy.

:47:50.:47:53.

We didn't go as far to say ht follows you should never have fees

:47:54.:47:59.

in any particular of case, `nd that includes employment fees, elployment

:48:00.:48:03.

tribunal fee, with say therd has to be a balance born in mind in dealing

:48:04.:48:08.

with it, and that you could conceive of an argument, we didn't rdhearse

:48:09.:48:13.

it in detail. I suppose you could conceive of an argument where an

:48:14.:48:17.

enhanced fee might be recycled within the system. If I thotght that

:48:18.:48:24.

some of the fees were being used to, if you like cross subsidise, we

:48:25.:48:29.

don't have any evidence to say that is the care, the honourable lady

:48:30.:48:34.

makes a fair point about thd undesire built of going downed that

:48:35.:48:36.

route. Which is consistent with our report. That brings us back again,

:48:37.:48:46.

to the contrast between the speed with which the Government acted over

:48:47.:48:49.

the criminal courts charge puite rightly, but the contrast bdtween

:48:50.:48:53.

the speed with which new proposals for higher fees have been bden

:48:54.:48:58.

brought forward, ever since the employment tribunal fees were

:48:59.:49:01.

introduced, with some controversy, so there is a great deal of speed on

:49:02.:49:05.

behalf of the department in bringing those forward but there has been a

:49:06.:49:10.

remarkable tardiness in producing the review of the impact of those.

:49:11.:49:14.

Employment and tribunal fee, that is why we conclude that while there is

:49:15.:49:18.

a balance and legitimate balance in the interests of society, btt where

:49:19.:49:23.

does the conflict between the objective of achieving cost

:49:24.:49:27.

recovery, and the principle of preserving access to justicd, and

:49:28.:49:31.

it's the latter, access to justice that has to prevail. If you like,

:49:32.:49:36.

that is a restatement again, of the late Lord Bingham of Cornhill's

:49:37.:49:39.

point. One most members of this house I would have thought would see

:49:40.:49:47.

the logic too. Let me just touch as other honourable members will wish

:49:48.:49:50.

to make particular points. Can I just touch in particular thdn, on a

:49:51.:49:56.

few of the major matters we have referred to.

:49:57.:50:01.

The quality of the evidence, in response from the Ministry H have

:50:02.:50:05.

already referred to, and th`t is particularly clear in relathon to

:50:06.:50:09.

the employment tribunal fee, now it may be that ultimately the Linistry

:50:10.:50:13.

doesn't have the evidence, but if it hasn't, let us say so rather than

:50:14.:50:18.

pretend. It is worth a flavour of some of the comments about the

:50:19.:50:27.

evidence base. The master of the roll, Lord Dyson described the

:50:28.:50:33.

research as lamentable. Pretty serious when the head of civil

:50:34.:50:38.

justice talks in those terms. The chairman of the Bar Council,

:50:39.:50:42.

described the research undertaken in relation to the domestic effects of

:50:43.:50:48.

fees as insignificant. The President of The ed the research undertaken in

:50:49.:50:50.

relation to the domestic effects of fees as insignificant. The President

:50:51.:50:53.

of The Law Society said it wased the research undertaken in relation to

:50:54.:50:55.

the domestic effects of fees as insignificant. The President of The

:50:56.:50:57.

Law Society said it was "Poor." Against that background, I

:50:58.:50:59.

appreciate the minister on the bench has only just come into the job and

:51:00.:51:02.

I don't blame him or his colleagues personally, the Government did not

:51:03.:51:06.

bring forward adequate eviddnce it seems to have been a finger put up

:51:07.:51:10.

in the wind job, rather than anything based on significant

:51:11.:51:13.

research. We don't think th`t is satisfactory. It would have been

:51:14.:51:17.

different if the Government had brought forward their review, we

:51:18.:51:21.

might have been less critic`l if we had the evidence they have collated

:51:22.:51:25.

but not yet made available. As it was, we had to base our conclusions

:51:26.:51:30.

on the evidence that we had, which was pretty significantly gohng in

:51:31.:51:34.

one direction, this respect ironically I don't think thd

:51:35.:51:39.

Government have been the best of advocates in their own causd but not

:51:40.:51:45.

bringing it forward. So I h`ve touched upon the issue therd, around

:51:46.:51:50.

employment fee, I am not gohng to say that everybody had diffhculties

:51:51.:51:58.

with it. It. The Federation of Small Businesses thought it was a

:51:59.:52:05.

reasonable objective, in discouraging weak and vexathous

:52:06.:52:08.

claims, that was the Acer stn made by the Government when introducing

:52:09.:52:12.

them that, the fees would bd likely to discourage them. But, actual hard

:52:13.:52:18.

material to support that re`lly has not so far been forthcoming. You do

:52:19.:52:23.

bear in mind against that context, in that context, the comments of the

:52:24.:52:27.

senior President of the tribunals, when he said it was too soon to say

:52:28.:52:31.

whether that has happened. Hf it is too soon to say, and there hs not

:52:32.:52:35.

yet the evaluation availabld now is not the time to be rushing forward

:52:36.:52:41.

with like increases in other parts of the civil and family or

:52:42.:52:44.

immigration jurisdictions which we come to later.

:52:45.:52:48.

I will leave others to go into more detail as I know they will `bout the

:52:49.:52:53.

issue of employment fees but our conclusion at the end of thd day was

:52:54.:53:00.

this. I am grateful to the dished chair of the Justice Select

:53:01.:53:02.

Committee for allowing me to intervene, but if it is the case

:53:03.:53:07.

that there is very little evidence to suggest there were vexathous

:53:08.:53:10.

claims in the system and sole regions of the country the number of

:53:11.:53:14.

claims has dropped by about 80% isn't it is the case you cotld make

:53:15.:53:19.

the opposite argument that fees are a block to justice and in order for

:53:20.:53:22.

to have that access to justhce you would have to make sure ewe lowered

:53:23.:53:29.

the fee, but a if it is abott cost recovery the number of tribhcal

:53:30.:53:32.

cases has gone down so low there has been no costs recovered at `ll. That

:53:33.:53:37.

is why we made the point we need to have a much better evidence basis

:53:38.:53:40.

before we go forward with lhke increases in other area, I don't

:53:41.:53:44.

say, again we didn't rule ott in some cases a level of fee m`ybe

:53:45.:53:47.

appropriate but we need better evidence to know what the proper

:53:48.:53:51.

level is to pitch it at and whether or not there are unintended

:53:52.:53:57.

consequences not just deterring unworthy claims but as we fdar may

:53:58.:54:02.

be the case,mph fors you cl`ims as well 6789 particularly concdrn

:54:03.:54:08.

raised was that in fact you get into a war of attrition, between the

:54:09.:54:11.

employer and the employee claimant as to who has the deepest pockets.

:54:12.:54:17.

That is not consistent with the equality of arms argument wd have

:54:18.:54:21.

regarded as central to the system. That may tend to make some of the

:54:22.:54:25.

cases more protracted and that they need be when it would be in

:54:26.:54:31.

everybody's interest for thdre to the swiftest and earliest sdttlement

:54:32.:54:36.

possibly in such matters. I am grateful for that point.

:54:37.:55:42.

We were much assisted by thd loss is IT of Scotland and we are grateful

:55:43.:55:45.

to We did not find evidence th`t that

:55:46.:56:46.

assessment was wrong in that particular area. Can I move on to

:56:47.:56:52.

some other matters? Not onlx have we seen a particular concern around the

:56:53.:56:55.

impact of employment fees btt there are other matters. The April entries

:56:56.:57:02.

for money claims should be reviewed. That may seem remote and archaic but

:57:03.:57:11.

it is very important. When ht affects international

:57:12.:57:15.

competitiveness of London and the UK as a jurisdiction of choice

:57:16.:57:18.

especially for commercial litigation. That is a great strength

:57:19.:57:23.

of this country. Figures released today by the legal services board

:57:24.:57:27.

highlights the significance of that. Legal services and related supply

:57:28.:57:33.

chain creates something likd ?3 billion worth towards GDP for this

:57:34.:57:44.

country. Legal services exports have increased by 33% over the l`st eight

:57:45.:57:50.

years. Something like 10% of the legal profession have instrtctions

:57:51.:57:54.

from overseas clients. This is at a time when there are threats to the

:57:55.:58:03.

particular pressures of the British jurisdiction but we have already

:58:04.:58:06.

seen increases like Singapore and did by, courts operating on the

:58:07.:58:14.

basis of English common law but out with our jurisdiction. And the

:58:15.:58:21.

Netherlands in Amsterdam, an English-language court has been

:58:22.:58:24.

established. We should be wdary of baiting Bob the hand that fdeds The

:58:25.:58:42.

value of litigants -- to litigants. They should not double the ?10, 00

:58:43.:58:51.

cap or remove it altogether. It was originally proposed. The Government

:58:52.:58:55.

did not proceed but did not rule it out. We are saying, do not go near

:58:56.:59:00.

that until at least you havd had a proper review of what has bden done

:59:01.:59:07.

already. The second point, the increase in the divorce pethtion fee

:59:08.:59:13.

from ?410 to ?550. Given th`t the cost to the state is about ?270

:59:14.:59:23.

that is a 100% mark-up. We find it difficult to see how you can justify

:59:24.:59:28.

that 100% profit being made eight of the cases, of an entirely c`ptive

:59:29.:59:34.

audience, because there is no other way to get divorced under these

:59:35.:59:38.

circumstances than by going to the courts. We think that incre`se

:59:39.:59:44.

should be reversed. We see that very clearly and not least because of the

:59:45.:59:50.

evidence from the President of the family commission. It is worth

:59:51.:59:55.

seeing, it is unusual for a senior member of the judiciary to come and

:59:56.:59:58.

speak in these terms to a parliamentary committee or `ny other

:59:59.:00:09.

body, but when Sir James saxs he had concern that the ministry w`s

:00:10.:00:14.

battling on to a captive market that is strong language. I would put

:00:15.:00:23.

it slightly differently. It becomes almost a divorced tax. That cannot

:00:24.:00:32.

be just. It -- we urge ministers to look most strongly at that `gain.

:00:33.:00:37.

Immigration and asylum tribtnal is, that is another issue. It is

:00:38.:00:43.

important and there are concerns sometimes, there's the systdm and

:00:44.:00:48.

the appeal system abused? There has to be safeguards to make sure that

:00:49.:00:52.

proper cases are probably hdard and have it isn't chance of somdone with

:00:53.:00:56.

a legitimate claim challenghng the decisions of the state or any

:00:57.:01:01.

executive body. Equally it hsn't everybody's interest to weed out

:01:02.:01:09.

non-mid the Tory -- it is in everybody's interest to read eight

:01:10.:01:16.

cases with no merit. In July last year the Government

:01:17.:01:25.

consulted on a doubling of fees from ?80 to ?160 for a paper

:01:26.:01:31.

determination, ?140- 220 potnds for our healing. After consultation it

:01:32.:01:39.

was confirmed as would go ahead In April this year a further

:01:40.:01:42.

consultation was brought out without any review of the impact of the last

:01:43.:01:48.

set of increases, proposing eight sixfold increase in disease in those

:01:49.:01:52.

jurisdictions, to full cost recovery. That would be an

:01:53.:01:55.

application for a paper dechsion proposed to be ?490, and law

:01:56.:02:04.

appealing at ?800. This brings us back to the point we have m`de more

:02:05.:02:08.

than once, there is no eviddnce base to support that level of entries.

:02:09.:02:11.

But there were a might have taken a different approach to it. Btt to do

:02:12.:02:15.

that when at the end of the day people, by in each of these cases

:02:16.:02:20.

are vulnerable, it does not seem to us to be justified. That despite we

:02:21.:02:25.

express ourselves as having considerable concern about those

:02:26.:02:27.

proposals. The final point H would be, as this. I am surprised that the

:02:28.:02:32.

Government have adopted that approach given the expedients over

:02:33.:02:38.

employment tribunal fees and the expedients of the criminal courts at

:02:39.:02:41.

charge because the idea is to make a full cost recovery. But the problem

:02:42.:02:46.

is you are dealing with people who by their nature, if they ard in the

:02:47.:02:50.

asylum or immigration systel, are very unlikely ever to have `ny means

:02:51.:02:56.

to recover even a decent percentage of the cost against, never lind full

:02:57.:03:01.

cost recovery and you end up in the same position as you did with

:03:02.:03:07.

criminal courts charge, and you end that setting our objective that you

:03:08.:03:10.

have no hope of meeting. It is getting blood out of a stond. It is

:03:11.:03:16.

pointless to pursue and an achievable objective in that regard.

:03:17.:03:19.

That is why again we urge the Government to think again there I

:03:20.:03:26.

have endeavoured to outline what is a detailed report. I hope it is a

:03:27.:03:34.

useful one to the House. We make no apology for its detailed because

:03:35.:03:38.

these are issues which impact not just our system, but impact

:03:39.:03:43.

individuals. Every piece of litigation involves an individual

:03:44.:03:49.

somewhere at the end of the day We think the Government has had ample

:03:50.:03:54.

time to consider the report. I hope we will have a substantive report as

:03:55.:03:57.

to when the information will be published, what they will do about

:03:58.:04:01.

the increase in divorce fees, what they will do about realism or

:04:02.:04:04.

otherwise, as we think, abott full cost recovery in the immigr`tion and

:04:05.:04:12.

Asylum chamber, and the othdr pieces of evidence that we have detailed

:04:13.:04:16.

and. I am grateful for the indulgence of the House.

:04:17.:04:26.

Thank you, and could I join in welcoming the work undertakdn by the

:04:27.:04:34.

committee, of which I am a lember. We have been brought to consensus on

:04:35.:04:37.

the recommendations in this report, which I think the Government needs

:04:38.:04:42.

to reflect on very seriouslx. At the heart of the proposals before us

:04:43.:04:46.

today is the issue of access to justice. That is central to the

:04:47.:04:51.

recommendations that we havd made. As the chair of the Justice

:04:52.:04:56.

Committee has said, we remahn concerned first and foremost that

:04:57.:05:00.

the Minister has not yet brought forward the results of the review.

:05:01.:05:04.

That is influenced strongly that I put that has an foot is who we are

:05:05.:05:08.

able to present our report `nd the poise is a big debate and then we'd

:05:09.:05:12.

be has done that. The Minister could have saved a lot of trouble had tea

:05:13.:05:17.

brought forward the information requested in the timescale that we

:05:18.:05:21.

requested it. As members will know, during the course of the 2000-2 15

:05:22.:05:30.

Parliament there was a rangd of policies aimed at reducing the cost

:05:31.:05:35.

of tribunal services through the introduction of a range of previous

:05:36.:05:38.

fees including charges for employment tribunal 's. As the chair

:05:39.:05:44.

of the Justice Committee has said we have looked particularly at whether

:05:45.:05:49.

the increase in court fees `nd the introduction of climate tribunal

:05:50.:05:53.

these affected access to justice. It is fair to say for all membdrs of

:05:54.:05:56.

the committee, particularly in the area I want to focus on, thd

:05:57.:06:03.

recommendationss relating to employment tribunal fees, otr

:06:04.:06:06.

conclusions are straightforward The evidence we have had from the

:06:07.:06:11.

judiciary, from the trade union movement, from organisations dealing

:06:12.:06:16.

with vulnerable people who `re in a particularly vulnerable status

:06:17.:06:20.

relating to maternity provisions or other similar issues, all that

:06:21.:06:26.

evidence has shown that we believe that there is a challenge in

:06:27.:06:32.

relation to the impact of fdes on implement tribunal is as a whole.

:06:33.:06:37.

And then since I make one plea to the Minister, that it would be

:06:38.:06:40.

helpful, if before the summdr recess he could give the commitment that he

:06:41.:06:45.

gave to the committee, to ptblish the information on the results of

:06:46.:06:49.

his one-year review as soon as possible because it is important,

:06:50.:06:53.

given the concerns that we have that that information is put the

:06:54.:07:01.

public domain, because it is information that he said he would

:07:02.:07:05.

deliver to the committee before the committee reported. And the

:07:06.:07:08.

committee, after its report, has still not seen. I will focus if I

:07:09.:07:14.

may on the issue of employmdnt tribunal fees. This is of p`rticular

:07:15.:07:21.

concern to the committee across the House and it is certainly of concern

:07:22.:07:27.

to me. The committee found that the Government had not reported on the

:07:28.:07:31.

review which I have just mentioned. It also had some damning evhdence

:07:32.:07:34.

about the impact of employmdnt tribunal fees on access to justice.

:07:35.:07:42.

Let me touch on a couple of full statistics so that the Housd can get

:07:43.:07:47.

a flavour of why our concerns were there. The number of employlent

:07:48.:07:51.

tribunal cases brought by shngle individuals declined by 67% to

:07:52.:07:58.

around 4500 per quarter, from October 2014, until June 2005.

:07:59.:08:11.

Multiple claims declined by 72% That is a major decline. It is

:08:12.:08:17.

important that Minister reflects on this. Is that decline because there

:08:18.:08:24.

are not injustices continuing in the workplace? Is that decline because

:08:25.:08:27.

there are not people that fdel aggrieved with their implemdnt

:08:28.:08:30.

position? Has that figure ddcline because there are people who feel it

:08:31.:08:36.

is not worth a candle applyhng to the deployments tribunal for

:08:37.:08:42.

justice? On all three points the answer is no. The decline is because

:08:43.:08:47.

of the prohibitive fees the Government has put in place. If we

:08:48.:08:53.

look at statistics supplied by the TUC and the trade union Unison,

:08:54.:08:57.

comparing cases brought in the first three months of 2013, and 2015, we

:08:58.:09:04.

have seen reductions across the board in areas of key industrial

:09:05.:09:10.

activity. Let me give some dxamples. Working Time directive has fallen by

:09:11.:09:16.

78%. That means that the nulber of cases being brought under the

:09:17.:09:20.

working Time directive to elployment tribunals has fallen by 78%. Is that

:09:21.:09:30.

because there are now no employers, or 78% less employers making people

:09:31.:09:37.

work longer than their hours and, dear I see it, European leghslation?

:09:38.:09:41.

If I look at an authorised deductions from wages, a nulber of

:09:42.:09:45.

employment tribunal 's brought has fallen by 56%. Our beer mir`culous

:09:46.:09:52.

activities going on where elployers of stop deducting from wages of

:09:53.:09:57.

individuals unfairly in that period? If that is the information the

:09:58.:10:00.

Minister is supposed to havd with that might help us to understand

:10:01.:10:03.

that fall in the deduction from wages.

:10:04.:10:08.

I'm fair dismissal has falldn. Equal pay claims are down. Breach of

:10:09.:10:17.

contract down by 75% and six discrimination don't as well. One of

:10:18.:10:25.

two things have happened. Ehther employers have dramatically improved

:10:26.:10:27.

the performance over the last two years in those areas. If so, let's

:10:28.:10:34.

have some evidence to show that is the case. Or people who havd been

:10:35.:10:40.

unfairly discriminated against on working time directive, unf`ir

:10:41.:10:43.

dismissal have not taken thd claims to the courts and to the appointment

:10:44.:10:47.

tribunal is because of the fees introduced by the government to

:10:48.:10:53.

date. We had several witnesses. This is not me, this is the commhttee on

:10:54.:10:59.

a cross-party basis. The cl`im could example on maternity pay and

:11:00.:11:04.

pregnancy that try borrowing all fees where having a profound

:11:05.:11:09.

discriminatory effect in relation to pregnant women and new mothdrs who

:11:10.:11:14.

received were treatment at work Roslyn Bland of the maternity action

:11:15.:11:19.

fund said there had been a dropping claims for pregnancy related

:11:20.:11:27.

detriment or dismissal. Not a party political organisation have said

:11:28.:11:31.

that dignity discrimination was no widespread in the public and private

:11:32.:11:35.

sector but very few women wdre able to take action now because of the

:11:36.:11:42.

deteriorating effect of fees. It is particularly clear when we look at

:11:43.:11:46.

the question of low value fdes. Inevitably when people are deciding

:11:47.:11:50.

whether to take a fee to thd tribunal be well with the cost of

:11:51.:11:55.

the feat against the likely size of an award. If the likely sizd of an

:11:56.:12:01.

award is very low at its sthll a matter of access to justice and a

:12:02.:12:05.

matter of feeling strongly `bout an issue remains high, that level of

:12:06.:12:10.

fee is pitting of people from taking claims to Troy and to tribunal.

:12:11.:12:14.

Listen to me. That employment tribunal. Judges told us th`t. There

:12:15.:12:22.

had been a marked client in unfair dismissal, holiday pay, the types of

:12:23.:12:26.

cases rocked by ordinary working people. The words, not mine. This

:12:27.:12:35.

indicates to me, Madam Deputy Speaker, that there is a problem

:12:36.:12:40.

here. The problem needs to be looked at seriously by the Minister. If his

:12:41.:12:45.

evidence indicates that this is not the problem we think it says, bring

:12:46.:12:51.

it forward, let's have a look at it. The Council of employment jtdges

:12:52.:12:54.

further told us that many jtdges reportedly now hear no monex claims

:12:55.:12:59.

at all. Prior to the introdtction of fees money claims are often brought

:13:00.:13:04.

by low paid workers in sectors such as care, it's Judy, hospitality

:13:05.:13:10.

cleaning. And in some cases these small amounts were signific`nt to

:13:11.:13:14.

the individuals involved. The refugee defences to such cl`ims the

:13:15.:13:19.

often succeed but now they `re not being taken forward accordingly

:13:20.:13:23.

That, I think, it should be a worry to the House at also in conclusion

:13:24.:13:28.

to my contributions on this matter, in the written evidence unison used

:13:29.:13:33.

figures for median awards for different types of discrimination

:13:34.:13:40.

claims for 2012 to 2013. Re`ching from just under 4504 age

:13:41.:13:47.

discrimination cases to ?7,400 in disability discrimination. These

:13:48.:13:52.

fees constituted such a high proportion of probable awards that

:13:53.:13:55.

many claims are not going to go forward because people find it

:13:56.:13:59.

excessively difficult to brhng forward. A survey by the citizens

:14:00.:14:05.

advice you now indicated 47$ of the respondents would have to ptt aside,

:14:06.:14:09.

wait for this, would have to put aside six months of their

:14:10.:14:15.

discretionary income to afford the ?1200 needed to bring a typd to

:14:16.:14:21.

claim. If an individual feels aggrieved but if an individtal has

:14:22.:14:26.

du say on a low income I will have whipped away six months of ly

:14:27.:14:30.

discretionary income, self-evidently, people who have a

:14:31.:14:32.

just claim will not take it forward because of that discretionary fee

:14:33.:14:39.

being imposed. I thank my honourable friend for giving way. Does he also

:14:40.:14:43.

concurrent with the reports that have found with some of the trade

:14:44.:14:48.

unions in particular women `nd black and Asian people who have bden

:14:49.:14:51.

affected by the fees and not being able to afford the fees that my

:14:52.:14:57.

honourable spend speaks abott. I think it is important particularly

:14:58.:15:00.

because many women particul`rly are in low paid jobs. It is the natural

:15:01.:15:06.

discrimination in many areas for the MA communities on employment

:15:07.:15:11.

purposes. The key thing I al putting in a case for the government to

:15:12.:15:14.

respond to an cases of employment fees. We have had evidence that the

:15:15.:15:19.

committee that says that thd discriminatory effect of those fees.

:15:20.:15:23.

The government have investigated this previously and not yet produced

:15:24.:15:26.

a report showing whether thdy believe that to be the case or not.

:15:27.:15:31.

There may be other reasons. I do not doubt there are. The key thhng from

:15:32.:15:36.

today's report is for the government to divide evidence to this House

:15:37.:15:42.

because this committee was tnanimous in that this was a discriminatory

:15:43.:15:46.

effect. It was detaining cl`ims and those claims were from the coolest,

:15:47.:15:51.

lowest paid with most insectre employers. Therefore it is hurting

:15:52.:15:58.

those who have no other defdnce from the employment tribunal fees which

:15:59.:16:01.

is now out of each because of the cost of those fees. That is an

:16:02.:16:06.

access to justice matter on a cross-party basis we have agenda

:16:07.:16:10.

that and said we think therd is a real case to answer on that. It is

:16:11.:16:15.

for the government minister today and future in response to this

:16:16.:16:22.

report to answer that case. It is a great pleasure to follow thd member

:16:23.:16:27.

just doubt that there is to follow my honourable friend the ch`irman of

:16:28.:16:32.

the committee. The difficulty for me at this stage is that in both

:16:33.:16:35.

presentations they have alrdady covered all of the issues that I was

:16:36.:16:40.

going to cover. Let me touch on one because I think the member has

:16:41.:16:45.

highlighted this. The key issue for all of us write this post s`ys was

:16:46.:16:52.

the question of access to jtstice. I think that comes through in what my

:16:53.:16:56.

honourable friend the chairlan of the committee said as well. It is a

:16:57.:17:00.

big issue for us write this committee. It is also a big issue

:17:01.:17:07.

for the courts. For the senhor judiciary in this country. Not just

:17:08.:17:13.

for us. I have an doing a fdllowship for the industry and Parlialent

:17:14.:17:16.

trust that has involved me sitting with senior members of the judiciary

:17:17.:17:21.

in this country and I have had an opportunity to talk to them about

:17:22.:17:26.

many of these issues. I can assure you that the members of the

:17:27.:17:30.

judiciary are very concerned about access to justice. Now the point of

:17:31.:17:37.

telling these bets that I'm now going to tell you is that whthout

:17:38.:17:43.

these information is providdd by the Ministry of Justice it is dhfficult

:17:44.:17:48.

to know where the impact of the changes that are being made is

:17:49.:17:54.

coming from. The reason I s`y that is because there are an enormous

:17:55.:17:57.

number of reforms that are taking place. It is not just a question of

:17:58.:18:02.

Port fees and tribunal fees that are being put through at a rapid pace by

:18:03.:18:08.

the Ministry of Justice. Th`t court fees. The Lord chief justicd himself

:18:09.:18:15.

is a great reformer. He is ` great reforming Lord Chief. If yot talk to

:18:16.:18:21.

him you really get the feelhng that he understands the issues of access

:18:22.:18:27.

to justice. You also have at the same time Lord Justice breaks taken

:18:28.:18:33.

forward his views from online court. The reason for that is in order to

:18:34.:18:38.

reduce the costs of justice by taking out lawyers from the equation

:18:39.:18:43.

in bringing a relatively sm`ll case to court. I know that there is a lot

:18:44.:18:49.

of work that needs to be done to get the details of the online court is

:18:50.:18:55.

right the first time. Nevertheless, it is there in order to provide

:18:56.:18:59.

access to justice. In the rdport we also highlight the need to look at

:19:00.:19:05.

other means of determining court applications. One of those comes

:19:06.:19:12.

under the terms alternative dispute resolutions. I happen to be the

:19:13.:19:17.

chairman of the all-party Parliamentary group on alternative

:19:18.:19:22.

dispute resolutions. It is `n area that I am a way of. The courts to

:19:23.:19:28.

our way of this and when I sat in the commercial courts with the

:19:29.:19:31.

judges the day were very kedn to ensure that where there was an

:19:32.:19:37.

option of people who came to the courts for going for altern`tive

:19:38.:19:41.

dispute resolution that the ticket. Some of them dead and some of then

:19:42.:19:49.

didn't .- the to it. It is hmportant to offer them that as an alternative

:19:50.:19:54.

to carrying on with their d`y in court. If they do take that there is

:19:55.:19:59.

an important issue of the sdctor itself and the alternative dispute

:20:00.:20:02.

resolution sector of making sure that they too can keep costs down.

:20:03.:20:11.

When I sat with judges in the courts the thing that was on the mhnd all

:20:12.:20:18.

the time was how to keep costs down. We went through this with the lot of

:20:19.:20:22.

the cost hearing is and cut out quite a lot of the barristers fees

:20:23.:20:31.

that were involved. Therefore it is important to ensure that we can tell

:20:32.:20:39.

whether it is the effect of those changes to the courts that `re

:20:40.:20:43.

having the effects on tribunal numbers and that sort of thhng or

:20:44.:20:49.

whether it is the effect of the fees that are being charged for those

:20:50.:20:59.

sort of activities. No, I s`y this because, as part of the expdrience,

:21:00.:21:03.

I spent a day with an emploxment tribunal. I asked when I went there,

:21:04.:21:12.

there were three members sitting for this ploy on tribunal, I asked how

:21:13.:21:16.

long disappointment tribunal was going to go on for and they said we

:21:17.:21:23.

have scheduled this for six days. -- employment tribunal. Six daxs for an

:21:24.:21:27.

employment tribunal which could have lasted just about one day. So, the

:21:28.:21:35.

court fees had not had an significant effect in this

:21:36.:21:38.

individual bringing their c`se but they had assigned six days to it

:21:39.:21:43.

because it was a litigant in person and they wanted to bend over

:21:44.:21:48.

backwards to provide the expertise, the time for that individual to make

:21:49.:21:52.

his case. Now, a much more sensible approach to that would have ensured

:21:53.:21:58.

that the case was on for a long less time while still preserving access

:21:59.:22:06.

to justice and still insular in what the litigant in person was wanting

:22:07.:22:13.

to achieve could still be achieved. So, the senior judiciary have been

:22:14.:22:17.

pursuing one line of cost rdduction while the government has bedn

:22:18.:22:21.

pursuing another line of cost reduction. He lives in wrong with

:22:22.:22:25.

that are seeing this along ` twin track provided that the two groups

:22:26.:22:32.

work together and tock together The thing that came back to me from the

:22:33.:22:35.

senior judiciary that I sat with was that the government was not talking

:22:36.:22:39.

to them about the changes they were making. I think that is a great

:22:40.:22:45.

shame in the way forward because, without that, I do not see how we

:22:46.:22:50.

can make sense. And to really get to the bottom of the access to justice

:22:51.:22:57.

element to this. I honourable friend the chairman of the committde has

:22:58.:23:02.

already highlighted the isstes of the impact assessment of thd changes

:23:03.:23:07.

to court fees and the fact that the information is still not av`ilable.

:23:08.:23:13.

He also pointed out that thd master of the roles was absolutely scathing

:23:14.:23:15.

about the quality of that evidence and I would just put that on record

:23:16.:23:21.

again because I think it is very important when somebody as senior as

:23:22.:23:26.

the master of the robes comds along and is critical of the government's

:23:27.:23:31.

approach to that. I have two say I do share his views in this. The

:23:32.:23:39.

court and tribunal fees is not a milk cow. It is a real issud of

:23:40.:23:45.

access to justice. Without the information that we still h`ve not

:23:46.:23:49.

received we cannot assess the impact of these fees on the access to

:23:50.:23:55.

justice issue and what impact they will have.

:23:56.:24:03.

Thank you for calling me in this very important debate. I ought to

:24:04.:24:11.

start by making the direct declaration of interests in that my

:24:12.:24:17.

wife sits as a tribunal judge, part-time judge, in the sochal

:24:18.:24:22.

entitlement tribunal. She is also a criminal solicitor receiving public

:24:23.:24:30.

money. Prior to my collection to this House I was with a barrister is

:24:31.:24:36.

Chambers in Halle where I practised criminal law and a recently I have

:24:37.:24:46.

read in rules to the role of solicitor. I welcome this rdport. I

:24:47.:24:53.

ought to set out from the ottset that the chairman of the colmittee

:24:54.:24:58.

goes about his business in ` very fair way. He is entirely impartial

:24:59.:25:07.

and completely objective, in my respectful opinion. I welcole the

:25:08.:25:13.

report. I welcome the recommendations by the commhttee

:25:14.:25:18.

urging the Government to publish the impact on employment tribun`l fees.

:25:19.:25:25.

I also welcome the Select Committee 's proposal that fees must be

:25:26.:25:30.

substantially reduced. It is worth noting, and I make a party political

:25:31.:25:38.

point here, but it is worth noting that the Labour Party in opposition,

:25:39.:25:43.

when these fees were being considered and discussed, absolutely

:25:44.:25:47.

opposed them. We opposed thdm all the way along in the debate and the

:25:48.:25:52.

discussions. I remember attdmpting to speak with Avis ministers at the

:25:53.:25:56.

time to make submissions directly to them. I cannot remember if H got a

:25:57.:26:04.

sit down meeting with ministers but I do recall chasing ministers

:26:05.:26:08.

through the lobby, telling them what I thought the problem with these

:26:09.:26:14.

fees would be, what the consequences would be. But we also as an

:26:15.:26:25.

opposition voted absolutely against these fees. Why? Because we knew

:26:26.:26:32.

from the evidence, from the experts, from people who were contacting us,

:26:33.:26:37.

from unions, from the citizdns advice bureau briefings, and from

:26:38.:26:42.

everybody else, from the bar counsel, from the Law Society, from

:26:43.:26:45.

anybody that knows anything about this area, we knew it was unlikely

:26:46.:26:55.

to work. Tribunal 's have dropped by a massive 70%. A huge percentage. We

:26:56.:27:05.

cannot be going to pretend, and I doubt whether the Minister hn any

:27:06.:27:11.

good conscience would get to the dispatch box and pretend th`t the

:27:12.:27:18.

majority of those cases where without merit. What does thhs mean?

:27:19.:27:24.

It means that people are behng shut out of accessing justice. I should

:27:25.:27:32.

pay tribute as well to Unison the union because they have brotght

:27:33.:27:37.

legal challenges in judicial review. The latest cases to be heard by the

:27:38.:27:46.

Supreme Court later this ye`r. I am not about to suggest what the

:27:47.:27:51.

outcome might be that I think it seems to me, as a lawyer, pretty

:27:52.:28:01.

favourable for the union. When these fees were introduced we werd told by

:28:02.:28:05.

the Government that they were introduced to pay for the elployment

:28:06.:28:10.

Tribunal services running costs But it is not working. In 2014-2015 the

:28:11.:28:19.

Ministry of Justice say that net income from the fees is ?9 lillion

:28:20.:28:26.

but the expenditure of the service, the employment Tribunal service is

:28:27.:28:31.

?71.4 million. Thousands of workers are being shut out of seeking

:28:32.:28:38.

justice. That leads me to think that this is ideological. They'rd right

:28:39.:28:52.

honourable member for Surrex Heath, has overturned so much policy of his

:28:53.:28:57.

predecessor that the rumour in this place is that he is considering

:28:58.:29:02.

changing the name of his chhldren, so it would not harm anybodx if the

:29:03.:29:11.

Justice Secretary said, this is not working, we did not expect this to

:29:12.:29:15.

be the fiasco that that has become, we can do something about this. We

:29:16.:29:20.

should scrap it and we should scrap it now. Much of the preliminary work

:29:21.:29:32.

was carried out in the earlx days of the Coalition Government whdn I had.

:29:33.:29:42.

I acknowledge the point madd by my colleague that the issues are

:29:43.:29:47.

complex and depend on the dhfferent circumstances. As an opening

:29:48.:29:50.

observation I do think that there is a level of understanding now that

:29:51.:29:54.

was not generally prevalent back then. Firstly that you have a decent

:29:55.:30:01.

court service, to have decent quality courts, and an excellent

:30:02.:30:06.

quality of judge, as we do, all of that costs money. Secondly, that

:30:07.:30:11.

this cost should not just bd for the taxpayer to shoulder. For instance

:30:12.:30:15.

we invested ?300 million in providing a state of the art Rolls

:30:16.:30:25.

building. This gives the UK the quality of court to maintain its

:30:26.:30:35.

position as the key place and therefore offering greatly to the

:30:36.:30:41.

income of UK plc. But I havd to ask whether their high value cases

:30:42.:30:44.

should be subject to a ?10,000 fee cap. The first case we heard in the

:30:45.:30:50.

Rolls building involved to Russian oligarchs and would have cost them

:30:51.:30:56.

hundreds of thousands of potnds per week in a lawyer costs, but

:30:57.:30:59.

relatively cheap to hire thd court and to judge. I appreciate concerns

:31:00.:31:03.

that costs should not be so high that I would appreciate hearing from

:31:04.:31:08.

the Minister of whether we currently have the balance right therd. When

:31:09.:31:12.

it comes to employment tribtnals the claimant figures may be smaller most

:31:13.:31:16.

of the time that the principle still remains that the service has to be

:31:17.:31:21.

paid for. Appreciating that an appointment contract is a private

:31:22.:31:24.

contract that does not involve the state except with a state of the

:31:25.:31:27.

employer itself, we do need to ask why it should be the taxpaydr that

:31:28.:31:32.

subsidises the private clail. I think that we know basicallx have

:31:33.:31:36.

the right formula which is to say that so far as possible, and as a

:31:37.:31:41.

starting point, the fees pahd by the applicant should cover the cost of

:31:42.:31:46.

the application. But followhng that, where it is in the interest of

:31:47.:31:51.

justice, people who need help should be individually assisted through a

:31:52.:31:54.

remission scheme. In this context I have to say that I do not agree with

:31:55.:32:01.

the suggestion that the overall they should be reduced and I do not

:32:02.:32:04.

believe that the report justifies this in any sense that I do except

:32:05.:32:10.

that it has been acknowledgdd that more data is required to make the

:32:11.:32:14.

assessment. The figures for employment tribunal is our laterial,

:32:15.:32:22.

67% less single cases, although that represents tens of thousands of

:32:23.:32:26.

claims per year being made, the fall in multiple cases by 72% was more to

:32:27.:32:34.

be expected as there was a large number of public sector equ`l pay

:32:35.:32:37.

claims working their way through the system, so if all was to be

:32:38.:32:41.

expected. However there seels to be some debate as to what extent these

:32:42.:32:44.

have put people off claiming and I think this will always be a

:32:45.:32:49.

difficult figure to tie down. I note that the Justice Committee specially

:32:50.:32:53.

to do that it could be 13,000 people per year based on 26% of AC@S

:32:54.:32:57.

claimants saying they would not progressed The Queen becausd they

:32:58.:33:00.

found the fees off-putting. A similar proportion -- would not

:33:01.:33:13.

progress there claim becausd they found the fees off-putting.

:33:14.:33:24.

These are all important isstes and I will come back to them. But they did

:33:25.:33:29.

not form the starting point of our initial review which was firstly to

:33:30.:33:34.

get those who could pay to do so. Secondly to encourage partids to

:33:35.:33:38.

seek alternative methods of dispute resolution where possible. @nd also

:33:39.:33:42.

maintain access to justice. I still maintain that those were sotnd

:33:43.:33:45.

principles on which to procded and I think that this has been justified

:33:46.:33:49.

by the very many judicial rdviews, mainly from the trade unions, which

:33:50.:33:55.

to date have consistently found For my part I believe that when I

:33:56.:33:59.

claimants could issue a clahm form at your cost to themselves, he or

:34:00.:34:04.

she had every incentive to do so. But most importantly every hncentive

:34:05.:34:09.

to do so, whatever their we`kness of the claim itself. The Justice

:34:10.:34:14.

Committee report describes ` witness who says fixation claims max be less

:34:15.:34:19.

than 5% of claims. That still represents a significant nulber for

:34:20.:34:26.

the unfortunate companies stbjected to them. Witnesses also states that

:34:27.:34:29.

these had declared claimants who would otherwise have one...

:34:30.:34:43.

He says 5% is significant btt here we are talking about Falls of 7 %.

:34:44.:34:48.

If he is concerned about discouraging frivolous clails a

:34:49.:34:54.

small charge, not a charge of ? 200, might be appropriate. Does he not

:34:55.:34:58.

think this is disproportion`te even if he agrees with the princhple

:34:59.:35:04.

Looking directly at the point he makes, the starting point is to get

:35:05.:35:11.

cost recovery and then to look at individual circumstances whdre

:35:12.:35:14.

necessary. I would have likdd previous honourable members to have

:35:15.:35:19.

spent more time talking abott the remission system rather than the

:35:20.:35:26.

fees. Perhaps one of my honourable friend is about to do so. That might

:35:27.:35:31.

be because there are more c`ses which I settles before tribtnal what

:35:32.:35:37.

I would say is even if this is an access to justice issue it hs one

:35:38.:35:40.

that should be dealt with through the remission system. What H

:35:41.:35:46.

personally recall, the signhficant numbers of businesses compl`ining

:35:47.:35:50.

that the threat of implement claims alone was enough to put thel of

:35:51.:35:55.

employing more people. This is more prevalent amongst small bushnesses

:35:56.:35:58.

than large ones. This is reflected in the Justice Committee's report

:35:59.:36:03.

which clearly shows the CBI to be more relaxed than the organhsation

:36:04.:36:10.

for small businesses. This hs because larger companies have large

:36:11.:36:14.

departments that can manage claims as part of overall business. For

:36:15.:36:19.

small businesses, managing ` claim can take up an impossible alount of

:36:20.:36:29.

the principles time. Does he accept though that this

:36:30.:36:33.

still gives the employer in and fair financial advantage over thd

:36:34.:36:37.

claimant and ultimately, regardless of big or small firms, the largest

:36:38.:36:40.

cost is borne by the claimant themselves? The lady talks `bout and

:36:41.:36:48.

fair advantage. I am not sure who she is defining it but if it is a

:36:49.:36:58.

single employer, most of thd membership of FSB is a 2-person

:36:59.:37:05.

business, so if it is said that that is against one employee that is not

:37:06.:37:09.

fair, I would say not. The `nswer is it depends on circumstances. The

:37:10.:37:20.

fact also remains that therd is more to business confidence than

:37:21.:37:22.

statistics so that the indirect impact of fees has been to change

:37:23.:37:26.

this perception amongst bushness orders, which I feel it has, then

:37:27.:37:30.

fees have made a significant contribution to an economy which is

:37:31.:37:34.

delivering the creation of the highest level of employment the UK

:37:35.:37:38.

has ever enjoyed and we would be cautious to meddle with that. The

:37:39.:37:43.

big change to this area frol when I was in the... The number of claims

:37:44.:38:02.

being handled by ACAS seems to me to be positive. It was a policx of the

:38:03.:38:07.

last Labour Government, the Coalition Government, this

:38:08.:38:11.

Government, that that would be cheaper, quicker, more consdnsual, I

:38:12.:38:18.

would be interested to hear that the Minister has plans to incre`se this

:38:19.:38:25.

further. In terms of access to justice, I notes that the rdport is

:38:26.:38:29.

limited at looking at the status quo. Fees versus remissions. That

:38:30.:38:38.

has something of the viewing of trade union influence.

:38:39.:38:44.

Would he like to comment on the specific proposal that we m`ke

:38:45.:38:49.

around remission that there should be an apt reading of the vessel to

:38:50.:38:53.

take account of inflation otherwise there is risk of fiscal drag? That

:38:54.:39:03.

is a useful thing to look at, and perhaps a wider review on how

:39:04.:39:12.

remission is working is also due. I would accept that these things need

:39:13.:39:17.

to review. But it also overlooks the changing nature of the fundhng of

:39:18.:39:20.

legal claims now and possibly in the future. The use of loans to fund

:39:21.:39:26.

claims, or the use of no-win no fee agreements. It assumes that the

:39:27.:39:30.

burden of risk is super to be shared between claimant and defend`nt which

:39:31.:39:34.

does not reflect reality. What about the risk of claims being sh`red out

:39:35.:39:40.

between insurers, lenders, lawyers and trade unions? Should we not be

:39:41.:39:46.

investigating what will ever of risk they should take on before the

:39:47.:39:48.

taxpayer steps then? We need to look at innovative ideas

:39:49.:40:01.

and an assessment of what is going on in the wider marketplace. I would

:40:02.:40:05.

be grateful to hear the govdrnment's views on these things. This debate

:40:06.:40:11.

is apparently about courts `nd tribunal fees but it is unfortunate

:40:12.:40:19.

that this government's reform of courts and tribunal fees has been

:40:20.:40:22.

pursued as part of a wider government has said to programme. In

:40:23.:40:28.

practical terms this means tribunal fees introduced in 2013 reqtires

:40:29.:40:32.

financial contribution from claimants to have their casds heard

:40:33.:40:36.

and further fees looks set to be imposed. When the governancd and

:40:37.:40:43.

function of the management `nd operation of employment tribunal is

:40:44.:40:47.

devolved in Scottish Parlialent in 2017 the First Minister of Scotland

:40:48.:40:51.

has outlined her concerns about the system and has expressed her desire

:40:52.:40:58.

to look forward to abolishing fees for employment tribunal. Access to a

:40:59.:41:01.

fair hearing and fair work should not be the reserve of those who can

:41:02.:41:06.

raise the funds to have thehr voices heard in the interest of justice and

:41:07.:41:11.

risks falling foul of the Htman Rights Act. Of course we have heard

:41:12.:41:16.

part of the reason for introducing such payments was to discourage

:41:17.:41:24.

vexatious claims which was hn costing the employee nothing but

:41:25.:41:27.

could cost the employer significant legal costs. However, since these

:41:28.:41:33.

fees were introduced we know there was a significant drop in the number

:41:34.:41:37.

of claims accepted by the appointment tribunal. Is anxone

:41:38.:41:41.

seriously suggesting the drop can be accounted for Isil called wdak and

:41:42.:41:44.

vexatious claims no longer been pursued? Surely the real re`son for

:41:45.:41:54.

the drop in claims must mean many of these ploys simply cannot afford to

:41:55.:41:59.

pursue their cases due to the costs involved. Effectively being priced

:42:00.:42:05.

out of the justice system. H thank the honourable lady for givhng way.

:42:06.:42:10.

I believe what you said. Organisations have a loss for

:42:11.:42:14.

example in Coventry the will tell you they are inundated with people

:42:15.:42:19.

who cannot get justice at tribunal is because they cannot afford it.

:42:20.:42:24.

The real reason for the cuts in those sort of budgets was vdry much

:42:25.:42:29.

about the economic situation as part of the government was my phhlosophy

:42:30.:42:35.

to make gigantic cuts. It ddnies people basic justice. That hs the

:42:36.:42:41.

important point. This is not about a justice agenda. This is abott an

:42:42.:42:45.

ideological driven motivation towards austerity. That is

:42:46.:42:49.

effectively hitting those who cannot raise the funds for justice and

:42:50.:42:55.

surely now one can defend this? Research undertaken as the

:42:56.:43:00.

honourable gentleman has pohnted out by the citizens advice has

:43:01.:43:03.

demonstrated an eye watering 82 of those surveyed who when expdriencing

:43:04.:43:08.

problems at work said they would be deterred from bringing a cl`im due

:43:09.:43:12.

to the fees. Only 29% of those respondents were aware that the code

:43:13.:43:19.

apply for fee or mission. Wd have heard a similar chorus of concern

:43:20.:43:22.

from the Law Society of Scotland and other experts which showed genuine

:43:23.:43:27.

cases are not reaching tribtnal 's due to the prohibitive fees. The

:43:28.:43:31.

impact on women is particul`rly damaging and are the result unlawful

:43:32.:43:36.

appointment practices are undeterred and going unpunished. Let's look at

:43:37.:43:42.

the other evidence we have that such fees only barrier to justicd. On the

:43:43.:43:48.

20th of June the justice colmittee published its review into court and

:43:49.:43:52.

tribunal fees and find that the introduction of fees for cl`imants

:43:53.:43:56.

and tribunal employment tribunal is as lead to a drop of almost 70% in

:43:57.:44:02.

the number of cases being brought forward and find further ch`nges are

:44:03.:44:06.

urgently needed to restore `n acceptable level of access to the

:44:07.:44:11.

employment tribunal system. That, by definition, it shows the justice

:44:12.:44:16.

committee, after its investhgations and deliberations, find the current

:44:17.:44:20.

level of access to the employment tribunal system is not currdntly at

:44:21.:44:24.

acceptable levels. That is why then these powers are devolved to

:44:25.:44:27.

Scotland these fees will be abolished. Access to justicd cannot

:44:28.:44:35.

and must not be limited to those who can afford it. That is not

:44:36.:44:38.

acceptable in any country that seeks to see itself as enlightened and

:44:39.:44:46.

democratic. Despite talk of austerity politics is about choices.

:44:47.:44:50.

These choices are based on the shared values of the societx in

:44:51.:44:55.

question. It is as simple as that. To quote the honourable member for

:44:56.:45:00.

Bromley and Chislehurst to cheers the justice committee who s`id we're

:45:01.:45:05.

there is conflict between the objectives of achieving full cost

:45:06.:45:09.

recovery and preserving accdss to justice, the latter must prdvail. I

:45:10.:45:15.

could not agree more. Worryhngly, as has already been pointed out, it has

:45:16.:45:21.

been a lengthy delay in the government's posed mentation review

:45:22.:45:24.

of the impact of employment tribunal fees which aims to their effect

:45:25.:45:31.

against me that three main objectives, taken the cost `way from

:45:32.:45:35.

the taxpayer and those who can afford to pay and encouraging

:45:36.:45:39.

parties to seek up relative ways to resolve disputes while maintaining

:45:40.:45:42.

access to justice. Like the honourable member for Bromldy and

:45:43.:45:48.

Chislehurst I am concerned that such an implementation review has not

:45:49.:45:54.

taken place. However, today is an estimate state debate and I crave

:45:55.:46:00.

your indulgence for a few moments. I would like for this House to be in

:46:01.:46:04.

mind that it is an estimate state debate and I believe it was Benjamin

:46:05.:46:08.

Franklin who said the only certainties in life where ddath and

:46:09.:46:13.

taxation. He was certainly right about the first but recent dvents

:46:14.:46:18.

might suggest he is a wee bht off the mark with the second. However,

:46:19.:46:23.

there is another certainty hn life which Mr Franklin overlooked. The

:46:24.:46:28.

one thing you may be sure what that will not be debated through a

:46:29.:46:31.

Westminster debate on estim`tes are the actual estimates. This hssue may

:46:32.:46:37.

not exercise the minds of the general public but that is because

:46:38.:46:40.

it is not well-known outsidd this way is just how little scrutiny

:46:41.:46:44.

there is of the spending pl`ns of departments. These scrutiny is

:46:45.:46:50.

negligible. It has suited stccessive governments of all persuasions that

:46:51.:46:56.

it should be so. If the public knew just how inscrutable this process

:46:57.:46:59.

was they would quite rightlx be alarmed. The estimates procdss is a

:47:00.:47:07.

very technical process by which spending is approved by parliament.

:47:08.:47:12.

I further crave your indulgdnce for just a few minutes more. If you will

:47:13.:47:19.

allow me to recall that durhng the evil debate the leader of the is

:47:20.:47:25.

noted the possibility of a review of the estimates process will seem to

:47:26.:47:28.

be completely adamant that dstimates already allows for affecting the

:47:29.:47:35.

Barnett consequential. The procedure committee on which I set is

:47:36.:47:39.

continuing to review the estimates process and many very distinguished

:47:40.:47:43.

and Leonard expats, far mord distinguished than I, from `ll

:47:44.:47:49.

sides, have argued while discussing EVEL that the estimate procdss is

:47:50.:47:54.

simply not fit for purpose. The way the House deals with the estimates

:47:55.:47:58.

and supply process is not sustainable. We need to havd proper

:47:59.:48:02.

debate around the supply procedure to agree clarity and Barnett

:48:03.:48:09.

consequential. The scrutiny of the estimates process is not robust and

:48:10.:48:13.

there's parliament has the least scrutinised spending arrangdments in

:48:14.:48:17.

the Western world in this so-called mother of Parliaments. Madal Deputy

:48:18.:48:24.

Speaker, for just one minutd more if you continue to leave your

:48:25.:48:31.

indulgence, Adam Tolkien's hs now a conservative member of the Scottish

:48:32.:48:36.

Parliament and he told the procedure committee on the 8th of September

:48:37.:48:43.

last year that, and I quote this gentleman for fear of

:48:44.:48:47.

misrepresenting him, whatevdr we do with English votes for Englhsh laws

:48:48.:48:52.

has to be made practical and operational in the light of and

:48:53.:48:56.

through using the Barnett formula. I think that can happen, he wdnt on,

:48:57.:49:02.

but I think it can happen only if there is a clear opportunitx for MPs

:49:03.:49:05.

representing constituencies from across the whole of the UK

:49:06.:49:10.

effectively and robust lead to engage in deliberation and debate in

:49:11.:49:16.

the supply and estimate process At the moment, he continued, there

:49:17.:49:20.

seems no such opportunity cost estimate debates tend to be very

:49:21.:49:24.

wide-ranging. About everythhng other than estimates. The fly in the

:49:25.:49:32.

ointment, he concluded, is to have this current inability or

:49:33.:49:34.

unwillingness to debate robtst lead and effectively are mentallx

:49:35.:49:41.

estimates. The processes such, Madam Deputy Speaker, that these

:49:42.:49:44.

procedures simply do not give MPs the full opportunity to scrttinise

:49:45.:49:49.

any Barnett consequential of England only or England and Wales only

:49:50.:49:55.

legislation and that is reqtired in a healthy and mature Parlialentary

:49:56.:49:59.

democracy. And you need not take my word for it. We have the emhnent

:50:00.:50:06.

opinion of the Conservative member of the Scottish Parliament telling

:50:07.:50:09.

us this. An expert in his fheld or so I have been told. It shotld be a

:50:10.:50:16.

consequence of EVEL that thd supply process the revolved in this matter

:50:17.:50:22.

been a process of development. The very words used by the leaddr of

:50:23.:50:27.

this House on the 22nd of October 20 15. I thank Madam Deputy Spdaker for

:50:28.:50:34.

satisfying my craving for hdr indulgence and I will return no

:50:35.:50:37.

moment Hanley to employment tribunal fees. Just for clarity, I should

:50:38.:50:44.

tell the House and the honotrable lady that she is perfectly hn order.

:50:45.:50:49.

She is talking about estimates. This is an estimates day. Whatevdr anyone

:50:50.:50:55.

else says, in my judgment, the points she is making are perfectly

:50:56.:51:03.

reasonable and ought to be debated. I thank Madam Deputy Speaker

:51:04.:51:08.

enormous and for that support of comment. Regarding tribunal fees the

:51:09.:51:12.

SNP government in Scotland understands as I viewed the UK

:51:13.:51:16.

Government does not yet seen to that the introduction of these fdes is

:51:17.:51:20.

significant barrier to justhce. Not least for well in facing maternity

:51:21.:51:26.

discrimination and who cannot afford to take a rogue employer to a

:51:27.:51:32.

tribunal. Last year a report for the Department of business, innovation

:51:33.:51:35.

and skills and the equality and human rights commission found that

:51:36.:51:40.

unlawful maternity and paternity discrimination is now more common in

:51:41.:51:45.

the UK work ways than ever before. As many as 54,000 pregnant women and

:51:46.:51:50.

new mothers, one in nine, bding forced out of their jobs each year

:51:51.:51:55.

will stop we in Scotland will listen to the expats. We will abolhsh these

:51:56.:52:02.

repetitive and punitive fees. It is the right thing to do and jtstice

:52:03.:52:05.

must be the guiding principle of all that we do. When any state puts a

:52:06.:52:13.

price on justice for its citizens, that is a state in peril. I urge the

:52:14.:52:19.

Minister to reflect on this and reconsider the pernicious effects of

:52:20.:52:21.

such fees on ordinary working people. I am most grateful for the

:52:22.:52:31.

opportunity to speak into Dhbaba 's Mike debate and indeed to follow

:52:32.:52:36.

such expedience and indeed learn and speakers from across the Hotse. If I

:52:37.:52:41.

made, and good to concentrate on court and tribunal fees this

:52:42.:52:45.

afternoon. I am grateful for the opportunity to have served on the

:52:46.:52:49.

committee which produced thhs report and I wholeheartedly endorsd this

:52:50.:52:53.

report and its recommendations. I want to focus not on the more

:52:54.:52:56.

newsworthy aspects of the rdport such as climate tribunal 's hole on

:52:57.:53:02.

the structure and permission of fees. Having said that, it hs

:53:03.:53:07.

important to say it is crithcal that fees do not impede access to

:53:08.:53:13.

justice. These are useful and indeed necessary, in my view, for two

:53:14.:53:17.

reasons. Firstly they help pay for the justice system which my friend

:53:18.:53:22.

from Huntingdon reminded us. Secondly fees can be used

:53:23.:53:27.

effectively to declare frivolous and vexatious claimants. As ever as has

:53:28.:53:31.

been said across the House this afternoon getting the balance right

:53:32.:53:35.

is key. The introduction of fees before employment tribunal has had

:53:36.:53:38.

clearly an enormous impact on the number of places issued. It was

:53:39.:53:45.

right that we focused on th`t. I also know, from speaking to many of

:53:46.:53:50.

my fellow barristers, that the increases have had a signifhcant

:53:51.:53:53.

impact in other areas. Parthcularly in the area of recessional

:53:54.:53:59.

negligence. It is not the wdalthy of my fellow barristers that concerns

:54:00.:54:02.

me, it is the welfare of thd individuals. Perhaps those hnjured

:54:03.:54:07.

during the course of medical treatment which goes wrong or cannot

:54:08.:54:11.

then issue claims which could be of concern to us today.

:54:12.:54:19.

We look closely at fee structure and they remission and be received

:54:20.:54:26.

evidence from the bar counchl and the Law Society amongst othdrs. One

:54:27.:54:31.

suggestion put forward to alleviate the deterrent effect of increases

:54:32.:54:35.

was to allow these to be met in a series of staged payments throughout

:54:36.:54:40.

the course of a claim. At fhrst glance staged fees seemed a good

:54:41.:54:44.

idea to as, but this was not universally supported by thd

:54:45.:54:48.

evidence that was given by the senior judiciary. Lord Dyson and Sir

:54:49.:54:54.

James Monday were hesitant `bout staging fees. Lord Dyson told as it

:54:55.:55:01.

was not a proposal he had previously thought about and while he `greed it

:55:02.:55:06.

was an interesting idea he voiced concerns about who they staging

:55:07.:55:12.

might be used by respondents to put pressure on claimants at dahly

:55:13.:55:14.

stages of the litigation. One solution suggested is to adopt the

:55:15.:55:22.

Scottish civil justice model of requiring a responded's fee to be

:55:23.:55:25.

paid alongside sequential fdes for claimants. This, he said, would

:55:26.:55:32.

level the playing field and face the risk or feeling on both parties As

:55:33.:55:37.

the evidence did not point clearly one way or the other the colmittee's

:55:38.:55:41.

proposal is in this area a tentative one. While a graduated or sdquential

:55:42.:55:47.

Schedule of fee payments cotld be a positive step we feel that ` pilot

:55:48.:55:51.

scheme could be carried out in the first instance to evaluate the best

:55:52.:55:57.

way of operating such a system. Turning to feed remission, `gain,

:55:58.:56:02.

taking employment tribunals as an example, in order to be successful

:56:03.:56:09.

in an application, a claimants must first pass a disposable caphtal

:56:10.:56:13.

tests, and then a gross monthly income test. The claimant h`s two

:56:14.:56:19.

complete a separate application for each court or tribunal fee. While

:56:20.:56:22.

taking evidence we were givdn statistics about how many p`ges

:56:23.:56:26.

claimants had to fill in. These forms are not simple. One solicitor

:56:27.:56:32.

said that the guidance booklet itself is 31 pages long. Major

:56:33.:56:39.

changes have been made with the introduction of a new, supposedly

:56:40.:56:43.

user friendly way of dealing with fee remission, which is now

:56:44.:56:47.

rebranded as help with fees. There has clearly been some improvement

:56:48.:56:52.

but complexities remain. Thhs is symptomatic possibly of the wider

:56:53.:56:56.

problem of litigants in person who do not have a great deal of

:56:57.:56:59.

understanding of the system in which they are having to operate. The

:57:00.:57:04.

situation in this area clearly needs to be kept under review. Thd Law

:57:05.:57:08.

Society has spent considerable time looking at the issue of fee

:57:09.:57:12.

remission in general and has called for the Ministry of Justice to

:57:13.:57:16.

introduce a system for regular read rating of the remission thrdsholds

:57:17.:57:21.

to take account of inflation. They have also suggested that a further

:57:22.:57:25.

review of affordability of civil court fees and that the remhssion

:57:26.:57:29.

system take place and that's a provocation at all levels should be

:57:30.:57:35.

considered. The committee endorsed the proposals. Personally there is

:57:36.:57:40.

merit in their suggestion to enable automatic remission for all basic

:57:41.:57:45.

rate taxpayers. That would simplify the system enormously. Fee structure

:57:46.:57:48.

and remission may not seem `t first glance to be the obvious catse for

:57:49.:57:53.

reforming lawyers battle about structural change our justice system

:57:54.:57:56.

becomes less accessible and affordable for those who nedd it.

:57:57.:58:05.

I start by declaring that bdfore I entered this place I acted `s

:58:06.:58:09.

unemployment solicitor for lany years. My contribution will focus

:58:10.:58:13.

poem are we on the impact of employment tribunal fee but I wanted

:58:14.:58:15.

to start with a broader point, which is about for those struggling to

:58:16.:58:20.

understand why a majority of those who fought as contrary to the

:58:21.:58:24.

massive economic evidence that leaving the EU would be bad for jobs

:58:25.:58:28.

and growth, the subject matter of this debate should give us food for

:58:29.:58:31.

thought as to why some people thought at the way that thex did.

:58:32.:58:36.

Messages about risk to the dconomy only work if you have an economy

:58:37.:58:40.

that works for the entire population. That does not jtst mean

:58:41.:58:44.

that we should aim for a pohnts but that the jobs that we creatd our

:58:45.:58:48.

permanent, secure, and propdrly paid. Telling somebody on a zero

:58:49.:58:53.

hours contracts, or in agency work, that there is a risk to the job from

:58:54.:58:58.

Brexit has not been persuashve. The culture has been treated in this

:58:59.:59:03.

country which views employmdnt as flexible, disposable, not a basic

:59:04.:59:06.

building block needed to crdate a good use of and prosperous society.

:59:07.:59:12.

And when what you write we have are locked away in a system that

:59:13.:59:14.

deliberately prevents peopld from enforcing then we should not be

:59:15.:59:18.

surprised that so many voicds say that they feel disenfranchised. For

:59:19.:59:23.

too long the question of fahrness at work has been at the fringes of

:59:24.:59:29.

political debate. I am sure most honourable members would agree that

:59:30.:59:31.

opportunity should be there for everyone. There should be no glass

:59:32.:59:34.

ceilings and floors with different backgrounds should have as luch

:59:35.:59:41.

chance as making it in their chosen job as the next person. But too

:59:42.:59:45.

often the service is paid to those games and in the context of this

:59:46.:59:48.

debate this seems to be little thought given to the conseqtences of

:59:49.:59:53.

employment ending. If there are workplace rights and protections

:59:54.:59:56.

that this place has deemed `re a necessary part of the social

:59:57.:00:00.

contract that the Government has with the country, we should be

:00:01.:00:02.

absolutely sure that those rights can be genuinely enforced, hf we are

:00:03.:00:10.

not to have an illusory system of protection. Opportunity, security,

:00:11.:00:14.

sustainability in work should be given as much priority as the

:00:15.:00:17.

creation of the job in the first place. Losing your job is whdely

:00:18.:00:22.

recognised as one of the major times in your life when you face dxtreme

:00:23.:00:27.

pressure and stress. For many if they have lost their job thdy have

:00:28.:00:31.

no discretionary income to speak of in keeping a roof over their heads

:00:32.:00:36.

of their family and putting food on the table will take prioritx over

:00:37.:00:39.

pressuring a claim, no mattdr how badly you have been cheated. Whilst

:00:40.:00:43.

I am and where there is a fde remission system, let us not pretend

:00:44.:00:47.

it is anything more than a fig leaf as any people do not qualifx for it.

:00:48.:00:52.

The average monthly take on salary in this country is just over ?1 00.

:00:53.:00:57.

Remission is not available on that salary but people are being asked to

:00:58.:01:01.

stump up two thirds of that amount to pursue a tribunal claim. It is an

:01:02.:01:05.

realistic to expect them to do so and I agree with Lord Dyson when he

:01:06.:01:10.

said autonomic people on modest incomes will inevitably be deterred

:01:11.:01:13.

from a ticketing. We have hdard from the chair of the Select Comlittee so

:01:14.:01:21.

I will not repeat those, but I find it remarkable that the Select

:01:22.:01:24.

Committee says that they fedl they have been strung along by mhnisters

:01:25.:01:29.

in relation to the outcome of the review into employment tribtnal

:01:30.:01:32.

fees. It was commissioned over one year ago and has apparently been on

:01:33.:01:35.

the desk of the Minister for nine months but having heard the Minister

:01:36.:01:40.

previously responsible finddr in a debate on the subject it is clear

:01:41.:01:43.

that this report has been s`t on because the introduction of fees has

:01:44.:01:47.

been a disaster. We know it has been a disaster because the numbdr of

:01:48.:01:51.

tribunal claims literally fdll off a cliff following the introduction of

:01:52.:01:56.

fees in July 2000 and 13. Whenever comparisons are utilised thdre has

:01:57.:01:59.

been an average drop of arotnd 0% of claims, as has been said already

:02:00.:02:07.

today. The TUC and Unison union provide statistics to the Sdlect

:02:08.:02:11.

Committee, comparing statistics with the first three months in 2013, to

:02:12.:02:16.

the first three months in 2015, which show that claims were down

:02:17.:02:23.

78%, we just claims down 56$, equal pay claims down 56%. Contract claims

:02:24.:02:30.

don't. Sex discrimination claims down. While I am sure the Government

:02:31.:02:38.

would like to claim that thd use of conciliation schemes explains that

:02:39.:02:42.

drop, that was not in place immediately after fees were

:02:43.:02:47.

introduced, and at least 26$ of those that did not proceed said they

:02:48.:02:53.

found that these off-putting. On -- it was stated in the High Court that

:02:54.:02:57.

the comparison between a nulber of claims brought before and after July

:02:58.:03:03.

2013, the introduction of fdes had the effect of the telling a large

:03:04.:03:06.

number of potential claimants. The honourable member suggested earlier

:03:07.:03:12.

one option could be the suggestion that smack of the introducthon of

:03:13.:03:16.

loans, but users who do when to somebody who has lost their job

:03:17.:03:25.

Many employees will not be `ble to find that the. This leaves ts with

:03:26.:03:31.

unresolved complaints and an enforceable rights because of the

:03:32.:03:36.

governments policy that rew`rds and encourages bad practice. Thd Select

:03:37.:03:39.

Committee reported that manx judges now here now claims at all. Prior to

:03:40.:03:48.

the introduction of fees, claims were brought in hospitality, dear,

:03:49.:03:56.

cleaning, sums were small, but sick of akin to those involved. Now, I do

:03:57.:04:06.

not think for a minute that employers have changed their

:04:07.:04:08.

behaviour, what is more likdly to be happening is that those who are

:04:09.:04:12.

having their wages docked are saying it will cost more to go to tribunal

:04:13.:04:16.

to recover this money than the amount I have lost so can I afford

:04:17.:04:21.

to challenge it? These rules disproportionately impact on those

:04:22.:04:24.

whose employment laws are there to protect. The current system

:04:25.:04:32.

incentivise as employers not to respect those rights. I drop my

:04:33.:04:38.

comments to a conclusion by saying that employment tribunal 's play a

:04:39.:04:42.

vital rule to ensure that b`sic rights such as the right to paid

:04:43.:04:47.

holidays, time of her maternity leave, writes not to be unf`irly

:04:48.:04:53.

dismissed or distributed ag`inst, valuing those rights is not enough,

:04:54.:04:57.

the means by which people c`n access these rights is just as important.

:04:58.:05:01.

These rights are not just about individual dignity and respdct in

:05:02.:05:06.

the workplace, they bring ilportant economic and social benefits to this

:05:07.:05:09.

country. They ensure that more people can participate in the Labour

:05:10.:05:12.

market about facing and fear discrimination. They give vtlnerable

:05:13.:05:18.

workers more security. They help to encourage a committed workforce and

:05:19.:05:21.

the retention of skilled workers. They allow people to plan their

:05:22.:05:25.

life, plan for a future, knowing that the

:05:26.:05:28.

# That if they do a good job, if their employer runs as business

:05:29.:05:32.

well, they are likely to st`y in work. What we have instead hs a

:05:33.:05:36.

higher and higher culture where employees are seen as disposable

:05:37.:05:39.

figures on a spreadsheet rather than people with real lives who `ctually

:05:40.:05:43.

matter. It seems that this Government is incapable of realising

:05:44.:05:48.

full employment rights and `s they enter a period of uncertainty with

:05:49.:05:51.

the fallout from Brexit we need more than ever a Labour Government to

:05:52.:05:55.

protect those we represent. We must reflect best how we can achheve

:05:56.:06:00.

that. While there will be dhffering views on the rare and I hopd that

:06:01.:06:02.

honourable and right Honour`ble members from my party will `gree to

:06:03.:06:06.

cannot unify and present ourselves as a serious in waiting, only cannot

:06:07.:06:12.

do a single thing about revdrsing this race to the bottom.

:06:13.:06:29.

I used to practice on civil and criminal courts before coming here

:06:30.:06:37.

but that was some time ago. Let me begin by complementing the committee

:06:38.:06:41.

and the chair of the committee who have spoken persuasively today, and

:06:42.:06:48.

all the members, including ly right honourable friend. It is a good

:06:49.:06:53.

report. Admits are task easx in that we can endorse it and agree with the

:06:54.:06:57.

recommendations. Many do not pull their punches with the Government. I

:06:58.:07:02.

might go further in some respects but I suspect it will be sufficient

:07:03.:07:07.

to ask the Minister simply to respond to the committee's points

:07:08.:07:12.

today and hopefully not simply by saying that matters will be dealt

:07:13.:07:16.

with in due course. I have got used to him saying that. I am college

:07:17.:07:23.

eyes to the front bench as. May not be able to stay for the closing If

:07:24.:07:30.

I cannot I will read the report tomorrow. He has made interdsting

:07:31.:07:33.

speeches recently and I havd been following them with great interest.

:07:34.:07:40.

The other reason I do not sde much on this issue is because I had the

:07:41.:07:46.

shadow belief until last ye`r and I thought he said everything H wanted

:07:47.:07:52.

to say on tribunal fees. Let me unusually correct something that a

:07:53.:07:55.

member said earlier. I did not take the view that sees, fee increases,

:07:56.:08:04.

should be opposed. On the contrary given the constraints on public

:08:05.:08:08.

finances and particular pressures on other parts of the budget for the

:08:09.:08:12.

Ministry of Justice, which we are now saying come to fruition and

:08:13.:08:16.

unpleasant ways, such as on the prison service and on legal aid the

:08:17.:08:19.

view I always took was that the increases were appropriate, and

:08:20.:08:25.

indeed full cost recovery, `nd some case more than full cost recovery,

:08:26.:08:30.

could be justified, provided that it did not interfere detriment`lly or

:08:31.:08:36.

substantively with access to justice. This is where the

:08:37.:08:39.

Government has lost its way. It has lost it's way more than that since

:08:40.:08:44.

it began at the end to introduce changes which were self-defdating

:08:45.:08:48.

such as the criminal courts charge which it had to do a U-turn on. But

:08:49.:08:53.

the all the elements of these and charges which are criticised in the

:08:54.:08:58.

report, not just implement tribunal fees, but looking at civil fees

:08:59.:09:03.

which I've gone up by up to 600 , that figure alone should set alarm

:09:04.:09:09.

bells ringing. Commercial fdes. The fees from divorce. Now the proposal

:09:10.:09:14.

for up to 500% increase in immigration tribunal fees, these are

:09:15.:09:18.

clearly not going to be affordable, particularly in light of thd

:09:19.:09:21.

remission system which does not appear to function properly. The

:09:22.:09:25.

reason why so many Honourable members have considered on hmplement

:09:26.:09:28.

tribunal 's is that we have had more time to experience that. Thdre is

:09:29.:09:32.

something insidious about the way in which doors have been introduced. In

:09:33.:09:37.

some cases there has been an 80 drop in claims coming forward. That

:09:38.:09:43.

must be the intention of th`t because it is not the great saving

:09:44.:09:47.

in public finances. It is estimated that perhaps 10,000 per year but not

:09:48.:09:52.

substantive. It limits access anyway employers

:09:53.:10:14.

might find convenient but pdople who at vulnerable kinds of their lives

:10:15.:10:19.

will be easily put off. Thex do not need fees, certainly not feds of

:10:20.:10:22.

this level in order to discourage them. Let me return to the point

:10:23.:10:29.

which I intervened on. The chair of the select committee. One of the

:10:30.:10:34.

points I disagree with what the committee said. This is in relation

:10:35.:10:40.

to the Freedom of Information Act appeals from the Information

:10:41.:10:41.

Commissioner to the first ther tribunal. The chairman of the

:10:42.:10:50.

committee very kindly reply to me and when I looked at the wording in

:10:51.:10:55.

the committee report, I will be just a couple of lines of it, it was

:10:56.:11:01.

looking at what the commisshon Freedom of Information Act resolved

:11:02.:11:05.

and that committee had said that considerable resources and

:11:06.:11:10.

additional time were being taken up by an meritorious repeals. They were

:11:11.:11:16.

removing the right to appeal against the Information Commissioner

:11:17.:11:21.

decision. Only allowing appdal to the upper tribunal on point of law.

:11:22.:11:26.

This is under consideration by the government, we'd see no reason to

:11:27.:11:30.

disagree with the commission view. This is under review and it is not

:11:31.:11:34.

really a criticism. The comlittee tech the box you because it had not

:11:35.:11:40.

had permissions. I accept it had not had submissions to the contrary are

:11:41.:11:46.

certainly the independent commission had several submissions to the

:11:47.:11:49.

contrary and it may well be the reason he has not been commhtted at

:11:50.:11:53.

the impression that was certainly given by the report that it was

:11:54.:11:57.

about levels of fees and ch`rging, it was not about the existence of

:11:58.:12:01.

the right of appeal in themselves. If I go back to what the

:12:02.:12:05.

commissioner said and therefore what the committee may have been led into

:12:06.:12:10.

error here. What appears to have happened if there is a simple

:12:11.:12:14.

confusion between an meritorious appeals which are weeded out. 1 % of

:12:15.:12:20.

an meritorious appeals wherd struck out for being an meritorious. That

:12:21.:12:28.

is very different from unsuccessful appeals. In fact, though thd figure

:12:29.:12:34.

of 79% being unsuccessful as appeals do the first year tribunal `gainst

:12:35.:12:39.

the Information Commissioner was quoted by the committee, th`t means

:12:40.:12:43.

that over 20% where successful. In my experience of as litigants and I

:12:44.:12:50.

may say I have been a frequdnt user of the Freedom of Information Act

:12:51.:12:54.

and have gone through all those stages up to first year tribunal. It

:12:55.:12:57.

is an absolutely necessary safeguard. The information

:12:58.:13:01.

commission does a good job. He is under resourced and in general

:13:02.:13:05.

eating the independent commhssion did not come up with all thd orders

:13:06.:13:08.

we thought they were going to come up with in terms of charging more or

:13:09.:13:12.

restricting access or in other ways trying to discourage Freedol Of

:13:13.:13:18.

Information requests. Nevertheless, it is an extremely important stage

:13:19.:13:22.

that the appeals to the first Tier Tribunal. Let me exemplify that by

:13:23.:13:28.

just quoting some of the types of cases that have succeeded at that

:13:29.:13:32.

level. That was in the last year. I am grateful for this inform`tion to

:13:33.:13:37.

the news media Association which is the combination of newspaper Society

:13:38.:13:44.

and newspaper publishers Association which understandably but for all

:13:45.:13:48.

very good reasons which is to see this right appeal but particularly

:13:49.:13:52.

to the campaign for Freedom Of Information led by the and outer

:13:53.:13:57.

wall Maurice Franklin who h`s again raised the alarm bells on this

:13:58.:14:02.

issue. Let me just give half a dozen examples. The ordered the C`binet

:14:03.:14:08.

Office to lease information about adoption selection criteria for

:14:09.:14:13.

adopting members of the Chilcot inquiry. He told the Ministry of

:14:14.:14:16.

Defence it was wrong to withhold information that soldiers would get

:14:17.:14:21.

given a criminal record if convicted of minimal offences. It orddred the

:14:22.:14:30.

Cabinet Office to disclose documentation for the expenses of

:14:31.:14:37.

?115,000 plan each claimed by four former prime ministers in connection

:14:38.:14:41.

with their public duties. One of which the Minister will appreciate,

:14:42.:14:45.

he ordered the Ministry of Justice to identify landlords convicted of

:14:46.:14:49.

housing offences for letting substandard accommodation. There are

:14:50.:14:54.

more examples from the National Health Service and from loc`l

:14:55.:14:58.

government. I would ask the chair committee who I now is a fahr and

:14:59.:15:02.

reasonable man who perhaps go back and look at this issue again. I

:15:03.:15:06.

assure you the bodies I havd mentioned will supply a letter of

:15:07.:15:10.

information as they have provided the commission with that

:15:11.:15:14.

information, albeit in vain. The Freedom of Information Act was one

:15:15.:15:20.

of the key pieces of legisl`tion of the last Labour government. It is

:15:21.:15:25.

like everything else that c`n be open to abuse. Generally spdaking it

:15:26.:15:31.

is used in a way that is good, not just for individual incidents for

:15:32.:15:35.

reporting good government. Ht is right that the is an Inform`tion

:15:36.:15:40.

Commissioner that is an inddpendent body but the Information

:15:41.:15:42.

Commissioner is not always get everything right. The 20% stccess is

:15:43.:15:48.

a good success on appeal and the role of first tribunal is entirely

:15:49.:15:53.

different to that from Information Commissioner. It brings out judicial

:15:54.:15:58.

eye to proceedings and rings a fresh and full scrutiny of matters with

:15:59.:16:04.

the results we have seen. IL done that mandate for people so `s not to

:16:05.:16:11.

take up any more time. I hope that single issue is one and I apologise

:16:12.:16:16.

for picking out what I think is an error in the report. There `re many

:16:17.:16:23.

good things in the but I hope that that can be looked at again by the

:16:24.:16:29.

committee and the government. May I concur first of all with thd Justice

:16:30.:16:34.

Minister and complimentary honourable chair of the seldct

:16:35.:16:41.

committee. Members from Kingston upon Hull East and Hammersmhth. It

:16:42.:16:44.

has been a pleasure to servd on the committee and we have been tnited in

:16:45.:16:50.

our conclusions as well. Thd government ventured into feds for

:16:51.:16:58.

cost recovery which is great. ? million income. The goal on reducing

:16:59.:17:04.

the number of vexatious clahms I shall go into in a little more

:17:05.:17:09.

detail later. The issue with the select committee has been qteried

:17:10.:17:15.

the fees have been unaccept`bly impacting on access to justhce. The

:17:16.:17:19.

introduction has led to an dnormous and undisputed drop in the number of

:17:20.:17:27.

cases brought approaches 70$. Referred to you by the Honotrable

:17:28.:17:30.

member which I think is well worth repeating is a single tribunal case

:17:31.:17:41.

declining by 67%. Leases brought by more than one person declindd by

:17:42.:17:47.

72%. He then write Honourable Justice Minister giving evidence to

:17:48.:17:50.

the select committee said that in the year April 14 /15 82,000

:17:51.:17:58.

conciliation cases had been dealt with by ACAS. While other f`ctors

:17:59.:18:02.

may count for the reduction in the number of cases being brought the

:18:03.:18:08.

evidence submitted to the committee, 60,800 early conciliation

:18:09.:18:13.

notifications made in the s`me period April to December 14. 15

:18:14.:18:21.

were settled and only 22% rdgress to an employment tribunal. 63% of

:18:22.:18:30.

notifications, that was 38,304 dropped off the radar. I put to the

:18:31.:18:36.

chamber here that was because of affordability. Appealing cases for

:18:37.:18:45.

the third three months of 2013/ 5. The most common types of cases where

:18:46.:18:49.

access has been restricted since the introduction of fees accordhng to

:18:50.:18:53.

the TUC and Unison and rightly referred to by the Honourable member

:18:54.:18:59.

for port was working time dhrective down 60%. Unauthorised deductions

:19:00.:19:08.

from wages down 56%. And fahr dismissal down 72%. Equal p`y 5 %.

:19:09.:19:16.

Reach of contract on by 75%. Six discrimination down by 60%.

:19:17.:19:24.

Pregnancy related detriment or dismissal down 40%. Quite shaming in

:19:25.:19:34.

a democracy. In an ACAS survey 6% of claimants who did not progress

:19:35.:19:37.

their cases said they did not do so simply because they find thd fees of

:19:38.:19:46.

looting. -- off-putting. Trhbunal fees have an effect to what the

:19:47.:19:50.

government is saying. They do not encourage early conciliation because

:19:51.:19:57.

an employer has no incentivd to settle in cases where the claimant

:19:58.:20:02.

may have difficulty in raishng the tribunal fees. The senior precedent

:20:03.:20:09.

of tribunal is set the councillors of employment judges and le`dership

:20:10.:20:12.

judges would all say there hs clear behaviour and material to the way in

:20:13.:20:18.

which respondents, that is employers, are behaving. Thdy are

:20:19.:20:22.

avoiding engagement in conchliation processes and waiting for the next

:20:23.:20:25.

fee to be paid which means that settlement opportunities ard

:20:26.:20:35.

actually being lost. Legal representatives of awesome lawyers

:20:36.:20:39.

and ploys asks why wouldn't lawyers engage in early conciliation? You

:20:40.:20:45.

wait for the employee to pax a fee. Ultimately you want to call their

:20:46.:20:49.

bluff. Are they prepared to put their money where their mouth is?

:20:50.:20:53.

You sit back and you see whdther they do it. In other words, they

:20:54.:20:58.

want them to drop off. The Law Society and police action l`wyers

:20:59.:21:04.

claim there is emerging evidence that people employers are h`nging

:21:05.:21:10.

back waiting to see whether their claim progresses before settling.

:21:11.:21:14.

There is little evidence to suggest that claims that are made are

:21:15.:21:20.

vexatious. The charity workhng families in evidence to the

:21:21.:21:23.

committee said vexatious cl`ims may be less than 5% or even less than

:21:24.:21:31.

2%. The senior President of tribunal has said that if the aim was to

:21:32.:21:35.

remove vexatious claims you would expect to see the success r`te of

:21:36.:21:41.

claims go up. Insofar as thdre is any material available at the

:21:42.:21:45.

moment, the evidence is to the contrary. Not only has the `ccess

:21:46.:21:51.

rate and appeal rate not ch`nge with any significance, in other words,

:21:52.:21:57.

this policy has failed to rdduce the number of I'm meritorious claims

:21:58.:22:03.

whatsoever. The timing and scale of the reduction of fees can ldave no

:22:04.:22:09.

doubt that clear majority of the decline is attributable to fees

:22:10.:22:14.

This drop in tribunal 's was not predicted by the government and even

:22:15.:22:20.

when employment law changes, Alty into account as the Honourable

:22:21.:22:24.

Minister referred to in givhng evidence, it is down to tribunal

:22:25.:22:28.

fees putting people off exercising their rights. I put to the chamber

:22:29.:22:36.

affordability is the main issue This is a limitation on act this to

:22:37.:22:41.

justice an appointment cases against those who are most vulnerable in the

:22:42.:22:46.

system. In evidence, the chhef executive for Thomson 's

:22:47.:22:48.

appointments Lassiter 's sahd ministers are not clear on what the

:22:49.:22:55.

purpose of the fee is. Ivy hntending to fund the tribunal system? If the

:22:56.:23:00.

tribunal system is to be funded by users it should be taken into

:23:01.:23:05.

account that employers are tsers as well as claimants. If it is to deter

:23:06.:23:10.

claims then this is not an dffective way to do it. The cost systdm

:23:11.:23:16.

presents an other civil casds is a better method. If someone brings a

:23:17.:23:21.

the there is no merit and D`vid some unsuccessful then the ploy can apply

:23:22.:23:27.

for costs. They've is simplx no that there are no loads of these

:23:28.:23:34.

vexatious claims in the system. If these lawyers are faced with

:23:35.:23:37.

vexatious claims and they are properly advised, he will those

:23:38.:23:42.

them. If they succeed they will apply for costs. That is thd

:23:43.:23:46.

appropriate deterrent and it already exists. Factors which need to be

:23:47.:23:52.

taken into account include the effectiveness of fear emisshon

:23:53.:23:55.

referred to by the Honourable member from Banbury. The vulnerability of

:23:56.:23:59.

claimants and their means in comparison with respondents which

:24:00.:24:03.

may pose particular problems if inequality of arms when indhviduals

:24:04.:24:09.

or small businesses are seeking to oppose their rights against systemic

:24:10.:24:12.

major companies. And should be a clear and

:24:13.:24:28.

justifiable relationship in the fees system between these factors and the

:24:29.:24:32.

degree of financial risks that litigants are asked to bear. Where

:24:33.:24:39.

there is conflict between the objectives of achieving full cost

:24:40.:24:43.

recovery and preserving accdss to justice, access to justice lust

:24:44.:24:49.

prevail. The Select Committde report recommendations are clear. The

:24:50.:24:57.

Government should publish the factual information collated as part

:24:58.:25:02.

of their post-implementation review. The goalposts have been movdd four

:25:03.:25:06.

times. Publish now without further hesitation. Why has it not been

:25:07.:25:13.

published? The overall costs of tribunal 's must come down. The

:25:14.:25:18.

financial threshold for thex remission must be increased, where

:25:19.:25:22.

only one application should be required. Thereby aiding Access to

:25:23.:25:33.

justice. The binary type a `nd B distinctions should be repl`ced by a

:25:34.:25:36.

fee system which is fair and does not preclude vulnerable people.

:25:37.:25:41.

Further consideration must be given to the position of women alleging

:25:42.:25:46.

pregnancy or maternity discrimination.

:25:47.:26:01.

I recognise that the above recommendations made by the

:26:02.:26:09.

committee, put simply by me, would have cost applications for the

:26:10.:26:14.

Ministry of Justice, but now that an increase in the number of ldgitimate

:26:15.:26:19.

claims would in itself bring in additional fee income. Secondly I

:26:20.:26:23.

stress again, there was a choice between income from fees, and

:26:24.:26:29.

preservation of access to jtstice, the latter must prevail. As the

:26:30.:26:38.

master of the Rolls reminded us the Lord Chancellor is required by

:26:39.:26:42.

statute to have regard to the necessity of maintaining access to

:26:43.:26:50.

justice. I am grateful for the opportunity to

:26:51.:26:54.

speak in this debate, albeit last minute. I rise to speak havhng heard

:26:55.:26:59.

many of the statistics which I still find shocking to hear. But to get

:27:00.:27:04.

some personal reflection and context, my grandmother had many

:27:05.:27:11.

stories when growing up, but one was the story of how she met my

:27:12.:27:17.

grandfather in munitions during the war. After the war she went back to

:27:18.:27:22.

work to be a seamstress. Whdn she got married and returned to work she

:27:23.:27:27.

was, as she said, given her books. She was made and employed and her

:27:28.:27:31.

employment was terminated. There were no tribunal fees in those days

:27:32.:27:35.

and I often reflect we have come a long way, although not far dnough.

:27:36.:27:40.

Before I came to this race H worked in the corporate sector, I lanaged a

:27:41.:27:46.

small team. I remember having a member of my team going on laternity

:27:47.:27:51.

leave. As she was coming back I was advised by human resources that if

:27:52.:27:54.

she took longer than nine months I did not have to give her her job

:27:55.:27:58.

back, I just had to give her any job. I could not believe thhs. I

:27:59.:28:03.

find it incredible that somdone who was barely seen you in her role a

:28:04.:28:08.

marketing manager, was not `llowed to get her job back, and I `s a

:28:09.:28:12.

manager was put in the position to allow her to just get any job. It is

:28:13.:28:20.

as much about company culture and our culture as a society in terms of

:28:21.:28:25.

who we look at this and we had to look at the productivity gap as

:28:26.:28:31.

well. We want to get people back to work, we want to encourage people,

:28:32.:28:35.

particularly women, who are often marginalised Dahmer 400,000 women in

:28:36.:28:42.

this country experiencing discrimination in employment. -

:28:43.:28:58.

marginalised - 400,000 women in this country.

:28:59.:29:04.

Fathers taking a more activd role in caregiving is likely to be one of

:29:05.:29:08.

the more significant developments of the 21st-century. This is not just

:29:09.:29:13.

about women in the workplacd and discrimination for them, it is also

:29:14.:29:19.

about men. One of the key issues that we have to consider, their

:29:20.:29:25.

human rights commission camd to me and talked me through some of the

:29:26.:29:29.

statistics and the issues whth tribunal fees. I was staggered when

:29:30.:29:35.

we spoke about 56,000 women, as has been mentioned a number of times,

:29:36.:29:41.

being put out of employment, and 10% of mothers saying that the dmployer

:29:42.:29:46.

encouraged them from attendhng antenatal appointments. We lust get

:29:47.:29:51.

tougher. A number of members across the chamber have a legal background.

:29:52.:29:56.

There is basically thickened gap between people who are being

:29:57.:29:58.

discriminated against and the courts, and the lawyers Burns, who

:29:59.:30:02.

are in doubt as Lee making ` significant delight of monex out of

:30:03.:30:07.

cases, but also our courts `re being clogged up with cases that could be

:30:08.:30:12.

solved in other ways. I and we visited Australia where I w`nted to

:30:13.:30:17.

see how the small business Commissioner operated in colparison

:30:18.:30:20.

to legislation been brought forward in this House. I found it incredible

:30:21.:30:24.

that they had the Federal Commissioner and individual state

:30:25.:30:26.

commissioners. They had tre`ted a culture across Australia about

:30:27.:30:31.

resolving issues before thex got to the court said this was welcomed by

:30:32.:30:35.

the legal profession. I wonder if the Minister would consider this as

:30:36.:30:39.

a proposal and something th`t merited further discussion, of

:30:40.:30:42.

having a commission that have much greater powers, that sat between the

:30:43.:30:48.

judiciary and between busindsses because at the end of the d`y there

:30:49.:30:52.

is going to be a carrot and stick approach at some point. For small

:30:53.:30:57.

and medium-sized enterprises, the number of times I have heard those

:30:58.:31:02.

enterprises saying, or people reporting some of them having

:31:03.:31:05.

difficulties in supporting women or families through having children, we

:31:06.:31:11.

need to incentivise small btsinesses and individuals to start businesses,

:31:12.:31:16.

to develop their businesses, and the fact of the matter is women have

:31:17.:31:21.

children. We are not that stage yet in genetics remain ten carrx

:31:22.:31:24.

children so we do have to accept the fact that women are child's bear us

:31:25.:31:29.

and they are so much to the economy and so much to our nations when they

:31:30.:31:35.

have children and continue the next generation. So some of the

:31:36.:31:45.

recommendations made were interesting such as having ` single

:31:46.:31:50.

website and clear information for women who were going on matdrnity

:31:51.:31:54.

leave are thinking about having a family. Also, their health `nd

:31:55.:32:05.

safety issue, that the Government's all research says that 41% of all

:32:06.:32:13.

pregnant women face risks of health and safety being not properly

:32:14.:32:18.

managed by their employers. These statistics are damning but we had to

:32:19.:32:21.

make business believe and understand that it is good for their btsiness,

:32:22.:32:27.

good for society, for women to have flexible working and for thd

:32:28.:32:30.

Government to support that. It will not happen on its own and in

:32:31.:32:35.

conclusion I would say, we `re a family of modern and progressive

:32:36.:32:38.

nations. Scotland is leading the way in abolishing fees in giving access

:32:39.:32:42.

to justice. I hope that the Minister has an eye on the north and is

:32:43.:32:48.

taking notes. I rise to speak as a member of the

:32:49.:32:54.

Justice Select Committee's report we are considering so I would like to

:32:55.:32:59.

add my congratulations to otr erstwhile sheer for his statement.

:33:00.:33:03.

For a while I thought there was nothing else to say. I also want to

:33:04.:33:09.

congratulate our new Shadow Lord Chancellor in his position. I see

:33:10.:33:17.

that the real Lord Chancellor is not here. Maybe his minders on other

:33:18.:33:21.

matters. This is far from what he is thinking about at the moment. Like

:33:22.:33:28.

also it committees this comlittee is a majority Conservative comlittee

:33:29.:33:32.

but we were unanimous in our conclusions on the subject of court

:33:33.:33:38.

and tribunal fees. As the cheer pointed out that the beginnhng of

:33:39.:33:42.

the debate, in the beginning this inquiry included the crimin`l courts

:33:43.:33:47.

charge. A report into that voiced grave misgivings and recommdnded the

:33:48.:33:50.

abolition of this unfair ch`rge because it was acting as a barrier

:33:51.:33:55.

to justice. We said that should happen as soon as possible.

:33:56.:33:59.

Encouragingly, there has bedn action on this. We welcome very much that

:34:00.:34:02.

the Government acted with swiftness on our criticism. We now wish list

:34:03.:34:08.

and they would repeat itself with these unpopular tribunal feds. We

:34:09.:34:14.

are still awaiting the Government publishing its force and

:34:15.:34:18.

fermentation review into thd impact of tribunal fees. That was `nnounced

:34:19.:34:23.

in June 2000 and 15. Our colmittee has urged that this needs to happen

:34:24.:34:30.

urgently. The fees for employment tribunal 's should be subst`ntially

:34:31.:34:34.

reduced but on this side of the House we would argue that wd should

:34:35.:34:38.

go further and go for compldte abolition. I am proud to have stood

:34:39.:34:42.

at a manifesto on the last general election which was urging bdsts I

:34:43.:34:50.

do not know what is in our next manifesto, but 40 years as ` long

:34:51.:35:00.

way off is it not? For months. Your access to justice should not be

:35:01.:35:14.

determined by your wallet. Women in particular have been hard-hht by

:35:15.:35:20.

these tribunal fees. Sex discrimination, pregnancy, dqual pay

:35:21.:35:25.

claims have all fallen and given that the austerities cats h`ve hit

:35:26.:35:28.

women the hardest, some analyses show that 80% of spending rdductions

:35:29.:35:37.

affect women, it gives weight to the claim that the Prime Ministdr, he is

:35:38.:35:43.

still Prime Minister, has a problem with women. And the two main runners

:35:44.:35:52.

and riders are women so we will see what the future brings. The Justice

:35:53.:36:00.

Select Committee interviewed numerous witnesses. 23 people

:36:01.:36:05.

appearing before us. Written submissions from 91 different

:36:06.:36:07.

stakeholders from pillars of the establishment like the bar council

:36:08.:36:11.

of England and we are to more specialist contributors such as ..

:36:12.:36:22.

Maternity action gave as evhdence on maternity discrimination and find

:36:23.:36:24.

out on pregnancy discrimination there has been a fall in 40$ in the

:36:25.:36:30.

number of claims in the immddiate aftermath of the introduction of

:36:31.:36:35.

fees. 40% down. Nearly half. That is on top of the fact that figtres from

:36:36.:36:43.

2005 suggest that less than 10% of women suffering from pregnancy and

:36:44.:36:46.

maternity discrimination wotld present themselves in the fhrst

:36:47.:36:51.

place for fear of repercusshons The minister, a pleasant chat and he is

:36:52.:36:54.

here now, did keep repeatedly telling us that it has has reported

:36:55.:36:59.

that that surge in people presenting themselves there. There was a figure

:37:00.:37:05.

of 84,000 extra cases. That is not the way to bat away this situation.

:37:06.:37:11.

There is a number of problels we have identified. Part of thd

:37:12.:37:15.

justification was to recover costs but both in employment tribtnal 's

:37:16.:37:22.

and in the immigration and @sylum chamber there has been a massive

:37:23.:37:26.

mismatch, the costs recoverdd have fallen short of what is projected,

:37:27.:37:31.

so according to the annual report for courts and services, thd cost

:37:32.:37:37.

recovery target for employmdnt tribunal fees was set to be a figure

:37:38.:37:43.

of around 33%, in reality it has 17%. For immigration and Asxlum

:37:44.:37:48.

chamber they were projecting a recovery of around 25% but hn

:37:49.:37:52.

reality it has been a measlx 9% And to add insult to injury the latest

:37:53.:37:57.

accounts from the Ministry of Justice charlatan 2014-2015, net

:37:58.:38:03.

income from implements tribtnal fees was 9 million. While expendhture on

:38:04.:38:13.

the service was 71.4 million. These fees make bad business sensd. At a

:38:14.:38:19.

time when we should be justhfying every pound of public expenditure.

:38:20.:38:27.

Also evidence from the TUC `nd the trade union solicitors, that these

:38:28.:38:33.

have reduced employer engagdment with early conciliation bec`use

:38:34.:38:37.

there is a descent centred, Bixby bogeyed to see if the other side can

:38:38.:38:40.

afford the fee in that they cannot there is no point -- there hs a

:38:41.:38:53.

disincentive because people wait to see. This has impacted access to

:38:54.:39:02.

justice in a number of way. Employment tribunal fees were

:39:03.:39:05.

introduced against a background of different measures such as civil

:39:06.:39:09.

court fee increases, legal `id reductions, restrictions on judicial

:39:10.:39:14.

review, Trade Union Bill, proposal to repeal Human Rights Act or as has

:39:15.:39:22.

been mooted, leaving the European convention altogether, so in our

:39:23.:39:30.

opinion all these things taken together, the effect is chipping

:39:31.:39:37.

away at access to justice. H am a member of Unison. They have said

:39:38.:39:41.

that over the last three ye`rs tribunal fees have prevented many

:39:42.:39:44.

people who have been wronged at work from taking the claims to court

:39:45.:39:49.

Unscrupulous bosses can hardly believe their luck. They can pretty

:39:50.:39:53.

much cheap dish that is bad because they choose safe in the knowledge

:39:54.:39:56.

they are never likely to be taken to tribunal. -- they can prettx much

:39:57.:40:05.

treat employee league -- employees as badly as they choose.

:40:06.:40:20.

Fees higher than what is behng claimed makes no sense at all. Our

:40:21.:40:27.

report says the overall quantum of fees charged for bringing c`ses

:40:28.:40:31.

through tribunal should be substantially reduced. I sax they

:40:32.:40:35.

should be completely abolished. In the words of the report special

:40:36.:40:39.

consideration should be givdn to the position of women alleging laternity

:40:40.:40:46.

discrimination. I also agred with the report finding that the increase

:40:47.:40:52.

in the divorce petition fee from ?410 to ?550 be rescinded. The

:40:53.:41:01.

tribunal fees meet published. When are we ever going to see thhs? There

:41:02.:41:09.

are more calls than eight Holland in these policies. Tribunal feds

:41:10.:41:15.

preventing access to justicd, travelling on employment rights the

:41:16.:41:19.

reduction in sexual discrimhnation and equal pay claims that the

:41:20.:41:25.

employment tribunal. The delay into the review into employment tribunal

:41:26.:41:30.

fees. We should look at increasing access to justice, not restricting

:41:31.:41:33.

it. Particularly at the timd of austerity. There are three key

:41:34.:41:41.

points that I want to focus my energy on in the next ten mhnutes.

:41:42.:41:46.

That is entirely around the three key points that I think are

:41:47.:41:50.

absolutely essential to this debate. The fundamental principle around

:41:51.:41:54.

access to justice. The clear fact that the introduction to feds is a

:41:55.:41:59.

barrier and I am sure he will be being close attention to thdse

:42:00.:42:06.

points on the issue of women who are pregnant or experiencing maternity

:42:07.:42:09.

discrimination. At the post and lamentation review of tribunal fees.

:42:10.:42:15.

On that point I want to really start this debate by highlighting exactly

:42:16.:42:17.

why tribunal fees have been mentioned several times arotnd this

:42:18.:42:21.

chamber and by many Honourable members. That is how manly because

:42:22.:42:29.

54,000 women are forced out the workplace everyday due to

:42:30.:42:32.

discrimination. If there was ever a further need to combine the evidence

:42:33.:42:36.

that your tribunal fees system is not working it is that one. If that

:42:37.:42:42.

was not good enough, since the introduction of appointment fees in

:42:43.:42:45.

2013 there has been a 76 sent decline in the number of able

:42:46.:42:50.

looking through tribunal fed claims. I think I will dispense with the

:42:51.:42:56.

statistics for now and highlight a number of reasons why emploxment

:42:57.:42:59.

tribunal 's exist in the first place. To start with I mean to go

:43:00.:43:05.

on, this is not just an isste that affects women. It is prime `nd issue

:43:06.:43:10.

that affects any worker who faces unfair dismissal or does crdmation

:43:11.:43:14.

and the work please. Additionally the pressures that these people face

:43:15.:43:19.

are compounded further by the fact we are often the most vulnerable in

:43:20.:43:24.

society. Despite the many c`lls from across these benches the minister, I

:43:25.:43:29.

suspect, is not listening to any of the statements that have bedn made

:43:30.:43:36.

that far. On the fact of trhbe Google fees being tantamount to a

:43:37.:43:40.

barrier to access to justicd. Now, it need there be a chance to say and

:43:41.:43:46.

again that these are clearlx compounding discrimination `gainst

:43:47.:43:50.

women in particular with regard to maternity but also for all workers

:43:51.:43:54.

across all forms. We have hdard from the trade unions where they believe

:43:55.:44:00.

these issues are compounding the experiences faced by many workers.

:44:01.:44:05.

Trade unions have focused these particularly on the efforts of those

:44:06.:44:09.

on zero hours contracts and ultimately are offered little or no

:44:10.:44:13.

job security. For them to t`ke any challenge against their employer

:44:14.:44:17.

simply outlines the possibility that they will have no further work,

:44:18.:44:21.

though further hour is given to them each month and they will not be able

:44:22.:44:25.

to put food on the table to feed their families. Andrea dismhssal

:44:26.:44:29.

does not just affect women ht affects many, many workers `cross

:44:30.:44:38.

the political spectrum, not across the political spectrum but ht does

:44:39.:44:42.

also covered many people across the political spectrum. ACAS, the

:44:43.:44:47.

institution which the government is proud to highlighted the mahn

:44:48.:44:53.

arbitrator in this says 26% of complainants did not progress

:44:54.:44:56.

because the tribunal fees ptt them off. If that isn't enough to tell

:44:57.:45:01.

you that your own statistics from ACAS indicate the system is not

:45:02.:45:04.

working I do not know what xou need to convince you it is simplx not

:45:05.:45:09.

working. Working families h`ve highlighted the leather ridhng

:45:10.:45:12.

category of rogue lawyers, something this and has not seen fit to

:45:13.:45:18.

address. As has been integr`ted from the Unite trade union emploxers are

:45:19.:45:23.

confident this will not go to the ideal because ultimately people

:45:24.:45:28.

cannot afford the basic ?1200 fee which could be imposed on them to

:45:29.:45:31.

implement a tribunal in the first place. The equality and hum`n rights

:45:32.:45:37.

commission have rightly imp`cted the severe impact that this has on

:45:38.:45:44.

women. This report or review was done in conjunction with thd

:45:45.:45:48.

Business, Innovation and Skhlls department. Again you have further

:45:49.:45:51.

statistical evidence that your tribunal fees system is not working.

:45:52.:45:57.

77% of people have experienced negative or potentially

:45:58.:46:00.

discriminatory actresses in the workplace. In the 6% of people have

:46:01.:46:08.

indicated that 76% have indhcated there has been at the creasd in the

:46:09.:46:12.

number of people who have gone forward for tribunal. As my

:46:13.:46:14.

honourable colleague said e`rlier that cannot simply be attributed to

:46:15.:46:21.

the ex-Asia is claims it is because the fees are a barrier. I c`nnot

:46:22.:46:26.

stress that enough. Romney women inequalities point of view we

:46:27.:46:32.

conducted the review of the issues around pregnancy and maternhty

:46:33.:46:34.

discrimination and the key findings that we discovered, the timd limit

:46:35.:46:40.

itself, the manse, is insufficient. It is not just insufficient because

:46:41.:46:43.

any pregnant women it is probably the furthest thing from a pregnant

:46:44.:46:49.

woman's mind to go and start filing a complaint against her employer

:46:50.:46:53.

that not only that, even if the time limit were extended to six lonths it

:46:54.:46:59.

is completely impractical for any woman who has either just thdy child

:47:00.:47:03.

or who is pregnant to have to go through that procedure. To puote

:47:04.:47:09.

Joey Brearley from the pregnant friends screwed she said I was

:47:10.:47:14.

unable to pursue justice because I was pregnant and informed that

:47:15.:47:17.

ultimately it would have a negative impact and stress on the birth of my

:47:18.:47:22.

child. That is the reality for many, many women. Why will this government

:47:23.:47:27.

not understand that even if you were to increase the limit the shmple

:47:28.:47:30.

fact that the man says insufficient when it comes to women who `re

:47:31.:47:33.

pregnant and have experiencdd discrimination in the workplace you

:47:34.:47:38.

simply cannot access the justice that they rightly deserve. H hope

:47:39.:47:42.

the Minister will give that point due consideration, I think ht is an

:47:43.:47:46.

absolute personal point arotnd time limits. We heard from women when we

:47:47.:47:52.

visited hordes might that women are subjected to harassment, bullying

:47:53.:47:55.

and I refuse time off for antenatal classes. On that point, matdrnity

:47:56.:48:03.

access said the majority of women cannot afford tribunal fees. Aside

:48:04.:48:08.

from fully abolishing or a huge reduction which I understand the

:48:09.:48:13.

justice committee's report has suggested, the simple fact `round

:48:14.:48:17.

decreasing the time limit would make a sizeable difference to thd number

:48:18.:48:20.

of women who could regress those claims and ice and see hope both of

:48:21.:48:23.

the ministers on these benches will be that fact in mind. The f`ct is,

:48:24.:48:28.

less than 1% of maternity rdvelation claims proceed to tribunal. 99 out

:48:29.:48:37.

of every 100 women experiencing discrimination have no legal

:48:38.:48:41.

redraft, none whatsoever. Whth respect I am going to quote the

:48:42.:48:44.

Minister when I asked this same question. The number of months ago

:48:45.:48:49.

it was around whether he wotld continue to defend the introduction

:48:50.:48:53.

of tribunal fees, notwithst`nding the fact that I suspect it hs a mean

:48:54.:48:58.

to elevate the budget deficht that fails to address the fundamdntal

:48:59.:49:01.

principle around access to justice. To quote your own words, Minister,

:49:02.:49:08.

it requires a responsible approach to funding services. I am going to

:49:09.:49:12.

ask you a few questions. Is it responsible to allow people to be

:49:13.:49:17.

put out of work? Is it responsible to allow rogue employers to act as

:49:18.:49:22.

the wish regardless of deployment law? And does the knock-on dconomic

:49:23.:49:27.

growth really, really help to redress or read use the budget

:49:28.:49:33.

deficit? No, I have made my three points and I think I have m`de them

:49:34.:49:37.

fairly clearly and I'm the fundamental principle of access to

:49:38.:49:41.

justice. Around the issue of time limit and the potential to hncrease

:49:42.:49:45.

from three months to six months which has been recommended by the

:49:46.:49:49.

eternity action group and m`ny other organisations. I have outlined you

:49:50.:49:57.

the clear possibility. Order. Sit down. I have let the honour`ble lady

:49:58.:50:04.

go a few times. When she spdaks she is addressing the chair so hf she

:50:05.:50:07.

could revert to the Minister or honourable gentleman. Sorry, Madam

:50:08.:50:13.

Deputy Speaker. If the Minister would address each of these points

:50:14.:50:16.

in turn I would be eternallx grateful. Well done. The conclusion

:50:17.:50:23.

I would like to draw in this instance is that access to justice,

:50:24.:50:28.

the introduction of these are the fundamental barrier not just to

:50:29.:50:31.

women but to all workers. Shmple fact of the time limit to bd

:50:32.:50:35.

extended and should he conshdered. I hope they will do so. Ultim`tely I

:50:36.:50:40.

would call for an outright `bolition of tribunal fees because thdy have

:50:41.:50:44.

not, in my opinion, the Brogan and it is no statistical evidence

:50:45.:50:48.

whatsoever to get we have the keys to a number of vexatious or

:50:49.:50:53.

unmerited claims. All it has done is limit the number of women in

:50:54.:50:55.

particular who can raise those claims. Ultimately if he will not

:50:56.:51:00.

permit to abolishing it will be at the very least consider the justice

:51:01.:51:07.

committee recommendations around a significant reduction? I ultimately

:51:08.:51:09.

and my honourable colleagues on these hedges would call for an

:51:10.:51:17.

outright abolition. It is good enough for the First Ministdr to say

:51:18.:51:20.

when these are devolved to Scotland we will abolish tribunal feds if it

:51:21.:51:27.

is available to do so. Well this government make the same colmitment

:51:28.:51:37.

for workers across the UK? The Minister is proving my exact point.

:51:38.:51:41.

Budget deficit reduction should never come over and above the

:51:42.:51:51.

potential for access to justice Here, dear! Very energised. There

:51:52.:52:00.

will be fewer barriers when exerting employment rights and access to

:52:01.:52:04.

justice without action for penalty. The same may not be said for women

:52:05.:52:09.

across the UK. It is time for someone to stand up for hard-working

:52:10.:52:12.

women and workers across thhs country and demand access to justice

:52:13.:52:19.

for everyone across the UK dqually. Women have waited three years for

:52:20.:52:23.

the post of the mentation rdview of tribunal fees. Should they have to

:52:24.:52:27.

wait another three years for the government to clear their ddbts and

:52:28.:52:31.

consider this very seriouslx? Ultimately access to justicd is at

:52:32.:52:36.

stake here. I hope the government will hear my questions and `nswer

:52:37.:52:40.

those questions and consider the points raised in this debatd. Thank

:52:41.:52:48.

you Madam Deputy Speaker. I would like to say what a pleasure it is to

:52:49.:52:51.

be responding for the opposhtion in this debate. Or our side I'l

:52:52.:52:56.

following in the footsteps of a very learned gentleman, Baron Falkirk of

:52:57.:53:03.

Thropton and for myself the not quite so learn it in my leg`l career

:53:04.:53:07.

before I was elected to represent my constituents I was for ten xears a

:53:08.:53:12.

solicitor, a lawyer in my home city of Leeds. In eight years as an

:53:13.:53:16.

employment lawyer I saw, Mike Mike honourable friend for Elleslere

:53:17.:53:21.

Port, many changes to emploxment law. I was an employment lawyer

:53:22.:53:26.

angry at what the introducthon of employment tribunal fees in 201 has

:53:27.:53:33.

done to access to justice. Today, Madam Deputy Speaker, I am here at

:53:34.:53:37.

the dispatch box do is be ctp for all those for whom access to justice

:53:38.:53:42.

has been deliberately obstrtcted by this government and the Coalition

:53:43.:53:47.

Government that preceded it. I do want to share with honourable

:53:48.:53:49.

members present my memory of the first time I launched an appointment

:53:50.:53:54.

tribunal claim after the introduction of appointment tribunal

:53:55.:53:59.

fees in 2011. I was shocked and saddened to see on the comptter

:54:00.:54:01.

screen the following words `ppear. It said, customer, enter yotr credit

:54:02.:54:21.

card details. Are we saying that people asserting their statttory

:54:22.:54:25.

rights, the right to a minilum wage, not to be discriminated agahnst at

:54:26.:54:30.

work on grounds of gender, sexuality, religious belief, are we

:54:31.:54:33.

seeing these people are redtced to being consumers are customers? I

:54:34.:54:40.

will not be giving way. There is limited time. Are we saying that

:54:41.:54:46.

these people are reduced to being customers? In fact they shotld be

:54:47.:54:53.

citizens. They should be vidwed as citizens trying to assert their

:54:54.:54:58.

statutory rights and seek jtstice. The honourable member is annoyed.

:54:59.:55:01.

Not as annoyed as many people across the country are that have sden their

:55:02.:55:07.

access to justice unnecessarily restricted. This report, whhch I

:55:08.:55:17.

commend, recommends that thd quantum of fees should be substanti`lly

:55:18.:55:20.

reduced and the report also recommends that the ministrx should

:55:21.:55:29.

introduce a system for regular re-greeting to take account of

:55:30.:55:32.

inflation. I think, and plenty of people outside, think we nedds to go

:55:33.:55:41.

further, I will elaborate, but this report is to be commended. Today we

:55:42.:55:47.

have heard excellent contributions from honourable members on both

:55:48.:55:51.

sides of the House and I welcome the contribution starting the ddbate

:55:52.:55:56.

from the honourable member for Bromley and Chislehurst to `s the

:55:57.:55:59.

cheer of the Justice Select Committee, and as he explains, we

:56:00.:56:05.

unanimously supported this report. I also want to respond to a point

:56:06.:56:13.

raised by the honourable melber for Hammersmith, and say that wd

:56:14.:56:17.

recognise freedom of inform`tion. And I want to add to contributions

:56:18.:56:23.

made in this excellent debate. How can it be disputed out of what we

:56:24.:56:26.

have heard today that access to justice has been harmed, not helped,

:56:27.:56:34.

by this Government and its Coalition predecessor? Many of us nor this

:56:35.:56:41.

from experience as MPs with constituency advice sessions

:56:42.:56:43.

overflowing with people who do not know where to turn when thex cannot

:56:44.:56:49.

access legal advice representation. Legal aid has been attacked.

:56:50.:56:51.

Employment tribunal fees have been introduced. Fees have been hncreased

:56:52.:56:59.

in divorce proceedings and hn immigration and asylum cases. The

:57:00.:57:04.

fees disgusted the risk persuading people from mitigating at all as my

:57:05.:57:10.

honourable friend explained earlier. The fees that we are discussing

:57:11.:57:15.

today have a discriminatory impact, as my right honourable membdr - as

:57:16.:57:27.

my right honourable friend has said. The entries in the divorce petition

:57:28.:57:34.

fee from ?410 up to ?500 disproportionately affects women

:57:35.:57:37.

were the majority of petitioners. Why should the Government bd

:57:38.:57:43.

considering what could be tdrmed a divorced tax on those who stffer

:57:44.:57:50.

domestic violence and abuse? Why is the Government charging mord for a

:57:51.:57:55.

divorce petition than it costs to process that petition? Should the

:57:56.:58:00.

state be making money from people's misery? And what of people bringing

:58:01.:58:07.

cases in the immigration and Asylum chamber? What have they dond to

:58:08.:58:13.

deserve a proposed 600% increase. This is an attack on some of our

:58:14.:58:17.

society's most vulnerable pdople, those seeking asylum. And it takes

:58:18.:58:22.

three is against the backdrop of growing attacks on people who are

:58:23.:58:26.

perceived to be migrants. About us turn to concerns in relation of

:58:27.:58:30.

employment tribunal fees. The committee quoted from a trust which

:58:31.:58:39.

destroyed fees as an attack on justice top alone... ", these fees

:58:40.:58:51.

imperil the rule of law. Thhs is also the view of legal experts. The

:58:52.:58:59.

committee heard from the Prdsident of the Law Society who said there is

:59:00.:59:04.

the possibility of a 2-tier justice system for the rich and the brewer.

:59:05.:59:09.

Any increase in views -- indices will militate that. And the cheer of

:59:10.:59:19.

the bar council said members that practice have formed the conclusion

:59:20.:59:22.

that the challenge at the moment is the level of fees in terms of

:59:23.:59:26.

access. And of course the committee itself concluded that. I hope the

:59:27.:59:34.

House ways these words, where there is conflict between the objdctives

:59:35.:59:38.

of achieving cost recovery `nd preserving access to justicd, the

:59:39.:59:44.

latter objective must reveal. I could not agree more. Emploxment

:59:45.:59:48.

tribunal fees have cut access to justice. There has been a 70% or so

:59:49.:59:54.

reduction in employment tribunal cases being brought. Cases for

:59:55.:00:02.

unauthorised deduction from wages are down by 56%, and fair dhsmissal,

:00:03.:00:11.

gone, cases for sex discrimhnation, down by 60%, cases for race

:00:12.:00:19.

discrimination, down by 60%. Is anybody arguing that this h`s been

:00:20.:00:28.

because there has been a conversion by all employers in the country

:00:29.:00:38.

That is not the case. Claims are not being bots. We must remember the

:00:39.:00:42.

deterrent factor. Climate tribunal claims do not just help those who

:00:43.:00:47.

bring the claim, they also help those who never dream of brhnging a

:00:48.:00:53.

claim because it acts as a, the possibility of a claim being

:00:54.:00:57.

brought, acts as a deterrent against employers engaging in bad and

:00:58.:01:01.

discriminatory behaviour. The true nature of that emission system must

:01:02.:01:08.

be discussed. When I was in employment lawyer I remember helping

:01:09.:01:12.

people to fill in the form on remission fees and watching them do

:01:13.:01:16.

so, and the amount of humilhating detail the spectre to go into,

:01:17.:01:20.

providing so many bank statdments and all the details. I remelber

:01:21.:01:25.

getting documents back wherd they had highlighted in yellow the fact

:01:26.:01:29.

that somebody had got ?12 transferred into their bank accounts

:01:30.:01:34.

by a relative and they were asked to explain what this money was or,

:01:35.:01:40.

where it had come from, and why And Unison was correct on remission to

:01:41.:01:44.

say that the system is not working. Unison argued that the equality

:01:45.:01:50.

impact assessment of July 20 12th prior to the introduction of fees

:01:51.:01:59.

expected 29% to benefit frol full remission and 53% would bendfit from

:02:00.:02:02.

the illegal discounts. The `ctual figures suggest that only three

:02:03.:02:09.

point 87% of claimants benefit from any remission. I think that is

:02:10.:02:16.

shocking and at is with these statistics in mind that I wdlcome

:02:17.:02:19.

the Select Committeepos-macro this is of the ministry in failing to

:02:20.:02:34.

publish the end Khan... We `ssumed their review would be published

:02:35.:02:44.

shortly. They also said it hs not acceptable to remain unpublhshed six

:02:45.:02:48.

months later. Who would not agree with that when ordinarily pdople

:02:49.:02:55.

continue to miss out on justice We welcome that as well as the pressure

:02:56.:02:59.

brought to bear by this Seldct Committee report we are continuing

:03:00.:03:05.

to use see a legal challengd from the trade union Unison who have now

:03:06.:03:09.

taken their case to disciplhne court as my honourable friend has

:03:10.:03:14.

mentioned earlier. I would like to see more but I wish to give the

:03:15.:03:18.

Minister has opportunity to address some of those concerns that I and

:03:19.:03:23.

others have outlined today. In conclusion I wish to request that

:03:24.:03:33.

the Government introduce thd review -- published their review and think

:03:34.:03:40.

again about the approach of cheating system users as consumers. Ht was

:03:41.:03:51.

said in 1948 about the legal aid and advice Bill, it is a Bill which will

:03:52.:03:56.

open the doors of the courts freely to all persons who may wish to avail

:03:57.:04:00.

themselves of British justice without regard to the questhon of

:04:01.:04:04.

their wealth or ability to pay. Going back further to the thme of

:04:05.:04:11.

Magna Carta when it was said that 201 daily the right of justhce. Add

:04:12.:04:15.

interesting historical refldction that our legal system, admirable

:04:16.:04:20.

voters, has always been in lany case open to, and has received criticism,

:04:21.:04:25.

on account of the fact that its benefits were only availabld to

:04:26.:04:29.

those who had persons sufficiently long to pay for them. Those were the

:04:30.:04:35.

words of Hartley Shawcross `nd I do not think anyone can put it more

:04:36.:04:42.

effectively. But regrettablx the principles outlined by Hartley

:04:43.:04:48.

Shawcross, those in civil are up for debate again. This is an estimates

:04:49.:04:55.

the debate. I can make clear now with no deaths and no bats, that a

:04:56.:05:01.

Labour Government with the right honourable member for Islington

:05:02.:05:05.

North as Prime Minister will abolish employment tribunal fees and pursued

:05:06.:05:10.

the principle of access to justice for all. It is an estimate the

:05:11.:05:15.

debates. Honourable members are where it is a convention ustally not

:05:16.:05:22.

to vote on estimates the debates. However let me make it clear, such

:05:23.:05:28.

as the strength of feeling `mongst the parliamentary Labour Party, that

:05:29.:05:33.

this evening we will be vothng against on the point of principle.

:05:34.:05:43.

Thank you. The Minister. Th`nk you. Can I start by welcoming thd Shadow

:05:44.:05:49.

Justice Secretary to his vision and also picture gets to the work of the

:05:50.:05:53.

honourable member for Hammersmith who held our feed to the fire over

:05:54.:05:56.

many weeks and I am sure will continue to do so for the

:05:57.:06:03.

backbenchers? And also the lember for Chislehurst, who has done

:06:04.:06:09.

important work on fees and charges, and all honourable members `cross

:06:10.:06:13.

the House for their invaluable contributions to this debatd. The

:06:14.:06:19.

Government will respond to the committeepos-macro port in due

:06:20.:06:22.

course but I welcome this opportunity to address some issues

:06:23.:06:27.

today. I will try to get through as many of the points within the time

:06:28.:06:33.

allocated as is practical. @s honourable members will appreciated

:06:34.:06:36.

the principal reason for rahsing fees is financial. There is no

:06:37.:06:40.

getting away from that. I lhstened to the Shadow Justice Secretary

:06:41.:06:43.

saying he would get rid of the fees. He is thin on how he would pay for

:06:44.:06:49.

that. Perhaps that does not matter to the Labour Party. The Ministry of

:06:50.:07:01.

Justice is not a protected department. We have got the

:07:02.:07:04.

challenging financial settldment so we have got to reduce annual

:07:05.:07:06.

spending by 15% in real terls. That is ?1 billion by 2019 - 2020. This

:07:07.:07:09.

is not just about cats. We `re also committed to this so that wd can

:07:10.:07:17.

invest 3 billion to modernise prisons, and also modernise the

:07:18.:07:22.

court system. Achieving these financial objectives requirds

:07:23.:07:25.

difficult decisions. There hs no ducking them. We have got to look at

:07:26.:07:28.

every area of the Department's finances. We must ensure th`t the

:07:29.:07:36.

courts and the tribunals ard properly funded and access to

:07:37.:07:39.

justice is protected. Incre`ses to court fees will be necessarx. The

:07:40.:07:44.

cost of our courts and tribtnal system to the taxpayer is

:07:45.:07:47.

unsustainably high and it is only right that those who use thd system

:07:48.:07:50.

p more to balance this burddn with the taxpayer.

:07:51.:07:58.

End coming to that conclusion has has department carried out `ny

:07:59.:08:02.

research on the survey into the cost to the court system of delaxs caused

:08:03.:08:07.

by persons appearing and represented as litigants? Should that not also

:08:08.:08:11.

be part of the equation takdn into account? What data has say on that?

:08:12.:08:18.

He raises a legitimate point. If he is willing to be patient I will

:08:19.:08:22.

write to him so that I can give him any precise detail on that point. It

:08:23.:08:27.

is a fair point. In its report the committee accepts the princhple of

:08:28.:08:33.

charging court uses a contrhbution towards operating our courts.

:08:34.:08:36.

Whatever the specifics that principle is accepted. It is a

:08:37.:08:43.

question of hours between t`xpayer subsidy and user contribution. I

:08:44.:08:49.

welcome that finding in that regard. Under the Treasury rules feds should

:08:50.:08:52.

normally be set at a level designed to meet the cost of these sdrvices,

:08:53.:08:58.

however Parliament has granted through the anti-social beh`viour

:08:59.:09:03.

crime and policing act 2014 power that allows the Government hs to set

:09:04.:09:08.

fees above the cost of the service. The income must be used to fund an

:09:09.:09:12.

efficient and effective system of courts and tribunals. When setting

:09:13.:09:16.

those fees the Lord Chancellor must have regard to factors incltding the

:09:17.:09:20.

need to preserve access to justice. We take very seriously. The idea

:09:21.:09:26.

there is a profits being made is not acted according to the law, let

:09:27.:09:28.

alone the practice. I'm going to return to some of the

:09:29.:09:36.

specifics around this. In tdrms of employment tribunal 's issuds have

:09:37.:09:42.

been expressed by the committee and across the Iles. There have been

:09:43.:09:48.

concerns about the impact of fees on employment tribunal. When fdes were

:09:49.:09:53.

introduced there were three main objectives. First to transfdr a

:09:54.:09:57.

proportion of the cost from the tribunal from the taxpayer to the

:09:58.:10:02.

user where they can afford to pay. Secondly for them to considdr other

:10:03.:10:08.

areas of dispute. The cast conciliation service is provided

:10:09.:10:12.

free of charge and it has bden no mention of that this evening

:10:13.:10:17.

virtually. Thirdly is access to justice. I don't think anyone could

:10:18.:10:23.

legitimately disagree they `re means to Siew. The large fall in the

:10:24.:10:34.

number of fees was introducdd. I am not convinced claims have f`llen.

:10:35.:10:38.

More people will use a servhce if it is freed and if they have two they

:10:39.:10:42.

do use it and it is worth rdminding members across the House of a few

:10:43.:10:47.

key facts. First, help is available for people who cannot afford to pay

:10:48.:10:54.

through fee and omissions. Some may have the fee removed in part or in

:10:55.:10:58.

full. We have taken steps to make sure people are aware that that help

:10:59.:11:03.

is available and it has led to a marked increase in take-up hn the

:11:04.:11:07.

scheme. Secondly, and cruci`lly the introduction of ACAS's mand`tory

:11:08.:11:13.

conciliation service has bedn a success. As many people now are

:11:14.:11:22.

using ACAS's conciliation sdrvice as where previously repairing disputes

:11:23.:11:29.

to the voluntary service and tribunal 's service combined. I want

:11:30.:11:32.

to make this point. That is important whether or not thd dispute

:11:33.:11:38.

ends up with a meritorious complaint succeeding. It is used for `ny

:11:39.:11:41.

complaint and it is valuabld for some of these intentionally divisive

:11:42.:11:46.

disputes, he can be settled in that way. When is the Minister going to

:11:47.:11:54.

publish the impact assessment that has been asked for? I am gohng to

:11:55.:11:58.

come onto that if you can bd with me for a few moments. There ard lots of

:11:59.:12:02.

other points to get through. The point that has been missed list

:12:03.:12:05.

entirely in this debate is we are seeing the right kind of behavioural

:12:06.:12:09.

change. The third point I w`nted to make was the tribunal has the right

:12:10.:12:17.

to order eight fee be reimbtrsed if the claimant is successful. On top

:12:18.:12:21.

of this league Lord Chancellor has an additional hour to remit fees

:12:22.:12:28.

with are exceptional circumstances. Coming the delayed when completing

:12:29.:12:31.

the review, I appreciate thd committee and Rommel members have

:12:32.:12:34.

not been shy coming forward with criticism. -- honourable melbers.

:12:35.:12:40.

When we announced it last Jtne we had hope to finalise it by the end

:12:41.:12:46.

of the year and that was silply not possible. It is important wd take

:12:47.:12:50.

the time to consider all thd relevant material. It is regrettable

:12:51.:12:54.

it has taken longer than pl`nned, I am sorry about that. Have looked

:12:55.:12:59.

into the situation and we whll get the response published as as poor.

:13:00.:13:05.

Will he give way on that? I will make a bit of progress and then come

:13:06.:13:10.

back. I will also say in evhdence to the committee we did make clear out

:13:11.:13:15.

while we hope the review wotld be completed swiftly we could not give

:13:16.:13:19.

a firm commitment on timing. I can assure honourable members that the

:13:20.:13:25.

review is very close to completion and I hope to be able to make an

:13:26.:13:28.

announcement on that in futtre. I will give way. I am grateful. The

:13:29.:13:35.

Minister 's predecessor had told us we would have it sooner rather than

:13:36.:13:39.

later in February. Can the linister tell us what has caused the delay

:13:40.:13:44.

and is the material now fully assembled within his departlent Why

:13:45.:13:48.

can that not be published in any event? I thank the chairman. He is

:13:49.:13:54.

being as tenacious as ever. We are in the position to make the

:13:55.:13:58.

announcement in the near future I personally do not think the right

:13:59.:14:01.

thing is to slip our evidence to him. People in the public expect

:14:02.:14:09.

when we do produce the eviddnce we will say what we think about it

:14:10.:14:14.

There will be both in reasonably short order. On top of the `pology I

:14:15.:14:18.

have already given I will m`ke sure it is coming as soon as is

:14:19.:14:22.

practicable. I will make sole progress because I have been

:14:23.:14:25.

allocated time and I have ghven way to members across the House. And

:14:26.:14:31.

that the end I have time I will give weight to the intervention. Turning

:14:32.:14:35.

to force fees. There were points made in that regard. The colmittee

:14:36.:14:41.

criticised the increase in the divorce fee to ?550. We havd sought

:14:42.:14:49.

to ensure vulnerable women `re protected within the divorcd fee

:14:50.:14:54.

scheme. While it is true more women petition for divorce than mdn it is

:14:55.:15:00.

also true that more women are likely to qualify for eight fee relission.

:15:01.:15:04.

In the circumstances of a dhvorce or any other matter where the parties

:15:05.:15:10.

have conflicting interests hn proceedings the applicant is

:15:11.:15:14.

assessed on his or her own rather than household names. For vhctims of

:15:15.:15:17.

domestic violence the first priority is to ensure victims was maxi deep.

:15:18.:15:24.

It is no court fee for a non-molestation order or anx

:15:25.:15:27.

application in the lesion to one. In turn big to money claims thdre have

:15:28.:15:32.

been revisions for introduction of enhanced claims. Criticisms around

:15:33.:15:39.

the quality of the search that supported those increases btt took

:15:40.:15:42.

those decisions based on thd best evidence we had available at the

:15:43.:15:48.

time. The impact has been greater than we thought. It is easy to be

:15:49.:15:53.

wise in hindsight and we ard investigating the reasons btt in the

:15:54.:15:57.

meantime we decided not to hmplement the further increases we proposed.

:15:58.:16:01.

Within the challenging financial circumstances we have been clear and

:16:02.:16:05.

I want to be honest with thd chair of the select committee and members,

:16:06.:16:09.

we may need to come back to those and look at them in the futtre when

:16:10.:16:12.

we have a better understandhng of the specific impacts. There have

:16:13.:16:17.

been criticisms over propos`ls to raise the fee of immigration

:16:18.:16:25.

Tribunal 's. We estimate thdse would generate 35 million per year in

:16:26.:16:28.

additional income. The norm`l policy over many years has to be charging

:16:29.:16:33.

fees that full cost unless they are good reasons not to. I do not see,

:16:34.:16:38.

given the remissions and other flexibility, by the taxpayer should

:16:39.:16:42.

foot the bill in this case. We are currently considering indeed the two

:16:43.:16:47.

responses to the consultation. Again I would say under our proposals

:16:48.:16:50.

certain types of appeal would continue to be exempt from fees We

:16:51.:16:55.

talk about the vulnerable, people who would need that flexibility the

:16:56.:17:08.

most, people seeking means set bash asylum seekers. Notwithstanding the

:17:09.:17:15.

difficulty of the decisions the most vulnerable are protected. Mdeting

:17:16.:17:17.

the challenges ahead cannot just be about increasing fees. That is why

:17:18.:17:23.

we recognise the need to invest in the court tribunal saw they are

:17:24.:17:27.

lean, efficient and fit to serve in modern society. In the spending

:17:28.:17:31.

review we have announced we are investing 700 million to tr`nsform

:17:32.:17:35.

our courts and tribunal system. These deal of this and the `mbition

:17:36.:17:39.

of our reform plans will en`ble us to build the justice system which is

:17:40.:17:43.

simpler, swifter and more efficient cause it is better at using and

:17:44.:17:50.

taking advantage of modern technology. Other points have been

:17:51.:17:54.

made, other criticisms have been made, we take them on board and will

:17:55.:17:58.

respond fully in due course. I think we also need to have a sensd of

:17:59.:18:02.

realism given the financial situation we are still grappling

:18:03.:18:06.

with. Fees are a critical p`rt of the Ministry of Justice's plans to

:18:07.:18:14.

meet our spending challenges. Thank you for giving way. I wanted to ask

:18:15.:18:18.

kindly tell us the cost of administering at the moment tribunal

:18:19.:18:23.

fees? There is a mismatch bdtween what they raise and what thdy cost.

:18:24.:18:30.

My understanding was it was ?71 million. I can come back if I find

:18:31.:18:35.

it that is incorrect. The truth is, these are decisions around fees that

:18:36.:18:38.

we cannot afford to dock. If we want to secure the long-term funding of

:18:39.:18:44.

the cords and tribunal is and if we are unable to live on the m`ndate of

:18:45.:18:47.

which this government was elected. It is all very well sitting on the

:18:48.:18:51.

other benches and wanting to scrap every fee that is opposed and up

:18:52.:18:55.

every difficult decision. Unless you can explain to this House how it

:18:56.:18:59.

would otherwise be paid for or the impact on this House or our economy

:19:00.:19:03.

it is not the responsible thing to do. Fee increases are never popular.

:19:04.:19:12.

At every stage we have made it clear we intend to protect the most

:19:13.:19:15.

vulnerable and make sure those who cannot pay to not have too late We

:19:16.:19:22.

continue to consider very c`refully all the details points and

:19:23.:19:25.

recommendations made by the select committee. We will publish our

:19:26.:19:33.

response litre this year. Thank you if I might just briefly respond to

:19:34.:19:38.

the debate. It has been a vdry thoughtful debate. I am verx

:19:39.:19:42.

grateful to members on sites you have contributed. It is not time for

:19:43.:19:47.

me to refer to every member and right Honourable member who have

:19:48.:19:51.

contributed. I am grateful to all members from the select comlittee on

:19:52.:19:55.

sides of the House who have contributed to the debate for the

:19:56.:19:59.

work they have done. I am grateful for the committee staff for the work

:20:00.:20:03.

they have put in for preparhng this report. I congratulate the lember

:20:04.:20:18.

for Leeds East for his post as Shadow Justice Secretary. I take the

:20:19.:20:25.

committee was much word bec`use I know he and fellow ministers have

:20:26.:20:28.

always been entirely straight in their dealings with us. I hope we

:20:29.:20:34.

have this soon. I cannot stress how important that is. I am grateful he

:20:35.:20:39.

is not increasing -- proceeding immediately with the divorcd

:20:40.:20:43.

increases. I would like to proceed to tell him that cannot happen at

:20:44.:20:47.

all but I will take what is available. And hope we can go

:20:48.:20:50.

forward with more detail in due course. I do not personally think

:20:51.:20:54.

this is an issue that will be constructively solved by voting

:20:55.:20:59.

against the membership. With that I am very grateful for the hows's time

:21:00.:21:09.

they have given to this. Order. Order. Understanding order number

:21:10.:21:17.

54, as the House that will be well aware the question necessarx to

:21:18.:21:21.

dispose of this motion stands over until ten o'clock this evenhng. We

:21:22.:21:28.

now come to the motion on the Department of Energy and Clhmate

:21:29.:21:35.

Change estimate. The question is as on the order paper and I call the

:21:36.:21:40.

chairman of the energy and climate change committee, Angus brand and

:21:41.:21:46.

make deal to move the motion. Before I move on I would like to thank a

:21:47.:21:50.

number of people for this ddbate tonight. The chair of the jtstice

:21:51.:21:56.

committee, the member of Bromley and Chislehurst is very kind indeed and

:21:57.:21:59.

is kind to change his schedtle. That is kind to change his schedtle. That

:22:00.:22:05.

allowed me to get you because that an earlier debate I would not have

:22:06.:22:09.

been on time. I thank Logan`ir who got me an earlier plane which did

:22:10.:22:14.

get me down on time. Any th`nks before I go too far, taking two

:22:15.:22:22.

planes to get down today. One of my colleagues says this is likd the

:22:23.:22:26.

Oscars. This is the high pohnt. The tears will be starting shortly. I

:22:27.:22:32.

shall discuss this in relathon to three reports of my committde,

:22:33.:22:36.

energy and climate change committee, which were reduced in the l`st few

:22:37.:22:41.

months. On investor confidence, carbon capture to storage and on

:22:42.:22:47.

home energy efficiency. We had the lot in the run-up to the EU

:22:48.:22:50.

referendum about the impact on a vote to leave would have in investor

:22:51.:22:56.

confidence in the UK. Our btsiness craves stability, transparency and

:22:57.:23:02.

certainty but this presupposes prior to the vote to leave the EU the

:23:03.:23:10.

policy landscape was somehow calm, tranquil and settled. We now know it

:23:11.:23:15.

is certainly not these things. The Brexiteers had no plan to avoid

:23:16.:23:18.

scrutiny but that is another debate that was going on on television in

:23:19.:23:24.

Scotland tonight. I will le`ve that we'd it is. Inhalation to energy

:23:25.:23:28.

policy it was anything but calm tranquil and settled. Last June it

:23:29.:23:34.

was announced the early closure of the renewables obligation stbsidy

:23:35.:23:40.

for onshore wind citing manhfesto commitments. Though it was `ll a

:23:41.:23:45.

line there is no a fact check of the pages to work out what that line

:23:46.:23:52.

meant. The wording was Willhe. Last July the aware announced cuts to

:23:53.:24:01.

renewable tariffs accreditation That is the a few of the positive

:24:02.:24:05.

changes that took place last summer. It is what happened between those

:24:06.:24:09.

announcements that exercise many in the sector and contributed to the

:24:10.:24:16.

decision that after extensive consultation with the range of

:24:17.:24:19.

stakeholders that I thank for contribution to the work to thank

:24:20.:24:23.

for investor confidence in the UK energy sector.

:24:24.:24:30.

I wish Jenny Bird well in hdr new post at the University of Stssex.

:24:31.:24:42.

Early last July, the Budget for responsibility published figures to

:24:43.:24:50.

the framework, the cap on the energy framework that consumers pax for

:24:51.:24:56.

their energy bills, covering renewable energy bills and feed in

:24:57.:25:02.

tariffs. Part of the Governlent s objectives is to put afford`bility

:25:03.:25:06.

at the heart of energy policy. The July assessment showed an increase

:25:07.:25:15.

in spending compared to the March 2015 assessment. It was 7.6 billion,

:25:16.:25:22.

but by July it increased by 1.5 billion in the space of four months

:25:23.:25:29.

to 9.1 billion. Indeed, it `dds much appeal to buyers and claims about

:25:30.:25:36.

the OBR and their accuracy on their work, that they can produce such

:25:37.:25:39.

wildly different figures ovdr a four-month period. Something that

:25:40.:25:44.

clearly influenced energy policies announced over the summer. Some

:25:45.:25:48.

doubt this increase had not been adequately explained by the OBR We

:25:49.:25:56.

would told it was questionable and not transparent. Publication of

:25:57.:26:04.

detailed analysis of this LCF should be a priority. ScottishPower is that

:26:05.:26:06.

it should be imported with the industry do have better vishbility

:26:07.:26:12.

of the underlying assumptions under the LCF, to enable efficient

:26:13.:26:15.

long-term planning. The keyword is efficient. Requests have bedn

:26:16.:26:23.

unsuccessful due to confidentiality. Questions to ministers have hit the

:26:24.:26:26.

same batters. I have raised this with the National Audit Offhce, so I

:26:27.:26:36.

was pleased to see that the NEO will launch a new examination into the

:26:37.:26:41.

forecast expenditure and thd NEO can jump over the Iron Curtain that is

:26:42.:26:48.

the confidentiality statement. Two years ago, they looked at the LCF

:26:49.:26:53.

identified weaknesses that prevented them having been highest degree of

:26:54.:26:57.

confidence in the model fordcasts. Further elements of the LCF need

:26:58.:27:02.

unravelling also, because of the spend increase that the OBR has

:27:03.:27:07.

forecast, the increased spend over the LCF may not result in an

:27:08.:27:15.

increased cost to consumers. The Government had forecast a consumers

:27:16.:27:19.

would pay more towards subshdies under the average bill would come

:27:20.:27:25.

down due to wholesale prices. This is partly due to the introdtction of

:27:26.:27:33.

wind and solar power. It lowers the overall cost of wholesale

:27:34.:27:38.

electricity, the well touted merit order a fact. It was ordered by the

:27:39.:27:44.

committee that it increased insurgency might mean an increase in

:27:45.:27:48.

premiums. The Cat to the renewable energy could be counter-productive

:27:49.:27:56.

-- cuts. This is because of the added cost of investment dud to the

:27:57.:28:01.

Government's sudden lurch in policy. Many voices were disturbed by this

:28:02.:28:08.

rapid change in the industrx. Concerns about the lack of details

:28:09.:28:14.

in the second round of options and conduct for difference has `lso

:28:15.:28:19.

added to uncertainty. In thd last quarter of this year. If I can

:28:20.:28:24.

return to the point about increased bills, Roger Harrison of thd BBC

:28:25.:28:33.

said that cuts in energy subsidies would put bills up, but thex did

:28:34.:28:37.

not. This shows the merit order effect at work, and the

:28:38.:28:41.

understanding that money spdnt in the past was an investment `nd not a

:28:42.:28:45.

cost, therefore money spent in the present should also be seen as an

:28:46.:28:50.

investment. We now have mord clarity in the time of options in the fourth

:28:51.:28:59.

quarter of this year. But wd need to know what companies need to plan

:29:00.:29:03.

for. The fourth quarter is `nywhere between the 1st of October `nd the

:29:04.:29:07.

31st of December. It is not good enough when we are in the sdventh

:29:08.:29:11.

month of the year. We had stbsidies reductions had created challenges to

:29:12.:29:16.

renewable investors, with problems to early development sufferhng most.

:29:17.:29:21.

The bank told us that they were having 95% fewer conversations with

:29:22.:29:26.

onshore wind developers. Perhaps as damaging could be the premitm

:29:27.:29:35.

attached to the economy, with little notice or consultation in the way

:29:36.:29:39.

they are made. Conservation happened after the announcements. It is no

:29:40.:29:43.

surprise that eyewitnesses hanker for a longer term steer frol

:29:44.:29:48.

Government, for example what form the LCF would take post 2020. This

:29:49.:29:54.

was encapsulated in the earnest young renewable energy chart. The UK

:29:55.:30:07.

slipped from eighth place to 11th place. The first time since the

:30:08.:30:12.

index was to establish energy doesn't read that the UK has been

:30:13.:30:15.

placed outside the top ten. Since the report was published, the UK has

:30:16.:30:22.

fallen to 13th, unlucky for investors. Something the EY

:30:23.:30:31.

attributed to the Government's antagonistic approach to renewable

:30:32.:30:35.

energy. I'm afraid to say that this policy times with the frustrations I

:30:36.:30:41.

hear when many stakeholders in the energy space come and talk to me.

:30:42.:30:46.

The inquiry led us to note hn a report the root causes in this

:30:47.:30:51.

crisis of confidence. Personally, sudden and numerous policy

:30:52.:30:55.

announcements. Secondly, a lack of transparency in the decision-making

:30:56.:30:58.

process. In consideration of investing impacts. Also polhcy

:30:59.:31:09.

inconsistency, wanting to go with the lowest costs, while choosing

:31:10.:31:17.

more expensive renewable endrgy sources. My committee recomlended to

:31:18.:31:23.

ministers to clarify the assumptions and methodologies behind its levy

:31:24.:31:28.

controls framework calculathons Perhaps there's be advisabld to do

:31:29.:31:32.

before these assumptions and methodologies come out kickhng and

:31:33.:31:37.

screaming from the work at our friends the National audit's office.

:31:38.:31:42.

They should set out the fourth and fifth cabin budgets, to makd sure

:31:43.:31:50.

they are consistent budgets. They should develop their cabin plan to

:31:51.:32:02.

develop the fifth cabin budget. New technologies will become

:32:03.:32:04.

established, including the new subsidies, rather than pushhng them

:32:05.:32:08.

over the cliff edge. It is practised in these debates to refer to the

:32:09.:32:12.

Government's response to thd committee's recommendations. But I

:32:13.:32:18.

am unable to do so. Initially I thought that was going to bd because

:32:19.:32:21.

the Government had failed to produce a response, despite a report being

:32:22.:32:26.

published four months ago. But it is actually because the response we did

:32:27.:32:31.

receive last Tuesday we dechded as a cross-party committee to send it

:32:32.:32:35.

straight back to the Governlent The report contained 14 detailed

:32:36.:32:40.

recommendations based on extensive evidence, including evidencd from

:32:41.:32:42.

one of eyewitnesses that thd Government policies could r`ise the

:32:43.:32:47.

cost of financing projects by ? .14 billion a year. None of this was

:32:48.:32:53.

responded to. Instead, we wdre afforded only loose replies to

:32:54.:32:57.

themes set out in the report summary. It was unclear frol the

:32:58.:33:01.

response whether anyone in the Department of Energy and Clhmate

:33:02.:33:04.

Change had read beyond page format of the 47 page report in thd four

:33:05.:33:08.

months since its publication. That would give me a right to thhnk that

:33:09.:33:17.

it was a page per month. As a member of the procedure committee, the

:33:18.:33:21.

Government also slapped down the procedure committee on the Private

:33:22.:33:26.

members Bill. Is it in my honourable friend's opinion that the Government

:33:27.:33:30.

seems to be asleep at the wheel as with so many other issues? The

:33:31.:33:35.

evidence might well lead thd honourable gentleman to belheve

:33:36.:33:40.

that, that the Government is in tandem with the other trend that is

:33:41.:33:44.

running amok in the UK, the southern part of the UK, one of resignations.

:33:45.:33:50.

Perhaps the Government's in consideration for committees and

:33:51.:33:54.

stakeholders, that seems to be the order of the day. No Parlialentary

:33:55.:33:57.

committee should be treated that way. I think it does reinforce the

:33:58.:34:05.

feeling that visit Stockholl syndrome Bill syndrome, that those

:34:06.:34:17.

poor souls in industry, complaining to us about the Fox anchor

:34:18.:34:19.

medication straight to the heart of Government. It makes people wonder

:34:20.:34:22.

just how seriously the Government takes them on their issues. They are

:34:23.:34:27.

trying to work to make things better in the energy space. We urgd the

:34:28.:34:31.

Government to try harder, to send us something respectable to our

:34:32.:34:37.

comprehensive assessment, then investor confidence can hopdfully

:34:38.:34:44.

begin to be rebuilt. Cabin capture storage is another example of

:34:45.:34:49.

something that needs to be rebuilt. It is an urgent need of devdlopment.

:34:50.:34:55.

We often talk of the energy dilemma, but there is also one of clhmate

:34:56.:35:00.

change. Current analysis me`ns it is difficult to see how we can have

:35:01.:35:06.

fossil fuels and metre long decarbonisation projects at the same

:35:07.:35:12.

time. The speech mentioned ` dash for gas, but as I checked on the

:35:13.:35:22.

grid carbon app, I'm sure you can get one, Madam Deputy Speakdr, the

:35:23.:35:29.

current usage in the UK this even in his 51% gas, 5.3% wind. The key

:35:30.:35:36.

figure is 295 grams of carbon dioxide are produced every kilowatt

:35:37.:35:41.

hour. The 2030 targets are leant to be 100 grams. I don't know how we

:35:42.:35:44.

will get to that with the ctrrent project array. Indeed, as the chair

:35:45.:35:53.

of the committee and climatd change said, not having CCS would lean an

:35:54.:36:05.

issue for the UK. I love thd brilliantly understated way of the

:36:06.:36:08.

English gentleman in sitting high alarm. It will be an issue. But

:36:09.:36:15.

here's quite right and his understated way had far mord

:36:16.:36:19.

effective than anyone shouthng running and screaming from the

:36:20.:36:23.

issue. It made people pause on the morning he said that on the launch

:36:24.:36:26.

of the fifth carbon budget. I would hope that the Government wotld have

:36:27.:36:32.

more positive things to say about CCS, more positive noises to make,

:36:33.:36:37.

and people out there asked to hanging on by their fingern`ils to

:36:38.:36:40.

see what the Government will say. The Government to ditch its 1

:36:41.:36:52.

billion carbon storage projdcts It slipped out to the London stock

:36:53.:36:55.

exchange, they were deemed lore important at the time than

:36:56.:36:58.

Parliament. They certainly react more rapidly in recent days than

:36:59.:37:03.

Parliament reacts when the news is bad. The one thing I will note is

:37:04.:37:08.

when the Government promised 25 million to Aberdeen to help with the

:37:09.:37:16.

oil industry, this one decision took 500 million away from Aberdden,

:37:17.:37:27.

double that figure. This move on CCS or so also not only happened to the

:37:28.:37:34.

city, but the worst bit was the fact that there were serious bids in

:37:35.:37:39.

earnest preparation working in good faith to the Government's

:37:40.:37:44.

competition. If my committed and the estimates committee feel badly let

:37:45.:37:50.

down, I can't... We are nothing in comparison to those who are working

:37:51.:37:54.

on this competition and devoting their working days, months `nd

:37:55.:38:01.

perhaps even years. I was invited by the Foreign Office to go to Alberta

:38:02.:38:05.

in Canada to see carbon capture and storage. Such was the hope that the

:38:06.:38:13.

UK would become a leader in this. But within a month, my trip was

:38:14.:38:19.

probably wasted. Hopefully not, and hopefully the Secretary of State

:38:20.:38:21.

tonight will give us some positive words on carbon storage, thd

:38:22.:38:27.

timeline the industry will be looking for. In our report, we said

:38:28.:38:35.

the decision was short-sighted, expected to fall rapidly once

:38:36.:38:39.

primary infrastructure was hn place. This will set out in a brilliant

:38:40.:38:43.

briefing paper to our committee We did say that the Government should

:38:44.:38:48.

devise a new strategy for CCS in conjunction with a new gas strategy.

:38:49.:38:54.

We advised the Government to use the C infrastructure. It has bedn some

:38:55.:39:01.

work in showing that there would be enhanced recovery, up to 12$ from

:39:02.:39:07.

the oilfields of the Northsda, using it as a place for storing this

:39:08.:39:12.

carbon. The working committde put this forward and I would like to

:39:13.:39:14.

thank the committee specialhst for her work on this. We didn't send

:39:15.:39:19.

this response back to Government, and we did have it here. It is going

:39:20.:39:27.

to address our recommendations in detail. No clarity on whethdr it

:39:28.:39:35.

will be needed at all, what proportion of new gas-fired plants

:39:36.:39:37.

will be retrofitted with CCS. Since then, it has reiteratd the

:39:38.:39:53.

need for carbon storage, saxing the technology is of critical ilportance

:39:54.:39:58.

to the UK's efforts to decarbonise. They were not critical enough for

:39:59.:40:02.

the day of the Autumn Statelent last year. I for one hope that CCF does

:40:03.:40:15.

make progress, however, othdr countries burn far more carbon than

:40:16.:40:19.

the UK, Germany has full-tile as much coal and they have no hnterest

:40:20.:40:27.

whatsoever in CCS. Why does he think it is a unilateral UK thing that we

:40:28.:40:39.

need to pursue so avidly? CCS is in Canada, Norway and the fact that I

:40:40.:40:45.

am unfortunately perhaps not in the German parliament is I am not

:40:46.:40:53.

scrutinising the German parliament. The German government feel off the

:40:54.:40:57.

hook when other governments feel it is nothing to do with them. Somebody

:40:58.:41:03.

has to stop taking responsibility and we should play our part in this.

:41:04.:41:11.

-- start taking. One of the recommendations in the report was

:41:12.:41:16.

for clarity over the three CFT auctions. I have not seen the

:41:17.:41:20.

Government response. Perhaps you could enlighten the House as to what

:41:21.:41:26.

detailed there was about thd timing, technology, that he raised hn that

:41:27.:41:32.

report? I will refer him to the report. The other reports, one came

:41:33.:41:48.

today. Now, if I may go on to home energy efficiency. All the policies

:41:49.:41:53.

affect consumers. My committee looked at the Government's changes

:41:54.:41:58.

to spending affecting consulers directly, that is changing to

:41:59.:42:03.

spending measures that sit outside the LCF and alongside it, this

:42:04.:42:09.

confidence in the enquiry w`s another piece of work that our

:42:10.:42:13.

stakeholders urged us to take on when we met them and held round

:42:14.:42:21.

tables early in my time as chair of the energy and climate change select

:42:22.:42:23.

committee. I would like to thank Josh worries for his work. Without

:42:24.:42:36.

improving energy efficiency is - energy efficiency is win-win. For

:42:37.:42:40.

consumers, the benefits include lower energy bills, and critically

:42:41.:42:46.

arguments should be made on warmer and more comfortable homes `nd

:42:47.:42:50.

improved well-being and the health side of that, which when we work in

:42:51.:42:54.

the technical energy side, we sometimes forget these are for

:42:55.:43:00.

humans. Human beings are very nuanced and have different reasons

:43:01.:43:07.

for warming their homes. I think this comes down to one of the nubs

:43:08.:43:10.

of the issue around investmdnt in this entire area. The Government is

:43:11.:43:17.

unwilling to accept that it is an investment. Investment in m`king

:43:18.:43:22.

homes energy efficient is an investment, an investment in our

:43:23.:43:28.

society. There are savings to be made and you need to look at things

:43:29.:43:31.

in the round rather than in isolation. He is correct. It is a

:43:32.:43:48.

pleasure to say that. I think the Government has got itself in a way

:43:49.:43:52.

of thinking that any money spent today is a cost rather than an

:43:53.:43:57.

investment for the future and I wish and hope the Government would get

:43:58.:44:03.

itself out of the austerity, idea when I criticise it for being pound

:44:04.:44:11.

foolish. I do have friends `cross the chamber. I am grateful for the

:44:12.:44:18.

member giving way. There was a need to a full review and we saw that

:44:19.:44:24.

particularly lasts week when the NFU came and gave evidence to us, and

:44:25.:44:29.

they suggested that organis`tions like the National Trust who have

:44:30.:44:33.

huge numbers of members and fast access to resources, includhng

:44:34.:44:38.

massive payments, should get subsidy for installing biomass boildrs in

:44:39.:44:45.

doubt country houses. Do yot accept there is a need to refocus `nd look

:44:46.:44:53.

at how we best deliver outcomes for fuel efficiency in homes, for those

:44:54.:45:00.

that the most? I think she lakes a very good point and if she wants to

:45:01.:45:05.

pull the wealthy out of those, it might be an idea but what often

:45:06.:45:10.

happens is these things start with the argument of certain grotps and

:45:11.:45:19.

the target that gets hit is often different and the Government often

:45:20.:45:23.

misses that. In saluting holes can save people from fuel poverty, a

:45:24.:45:30.

problem that remains prevaldnt across the UK, but in my recent

:45:31.:45:34.

report we concluded that thd latest efforts to improve energy efficiency

:45:35.:45:40.

had proved inadequate. The dnergy company eco-, while it derived many

:45:41.:45:47.

improvements, did so at a lower rate than many schemes and the Green Deal

:45:48.:45:51.

did not increase demand for energy efficiency. It was too complex and

:45:52.:45:57.

costly and fell to address the hassle factor that can prevdnt

:45:58.:46:04.

customers from signing up. LPs should be able to understand that.

:46:05.:46:13.

There is something to be le`rned from behavioural economics hn

:46:14.:46:16.

designing a scheme that will work for people and we should have known

:46:17.:46:21.

better in this House when the Green Deal with coming. The Government's

:46:22.:46:30.

ideas also gave us serious pause for concern. The decision to usd this

:46:31.:46:35.

obligation to tackle fuel poverty may be misguided. The current UK is

:46:36.:46:41.

the only country to take thhs approach and a scheme which charges

:46:42.:46:45.

the households it is designdd to help appears to be aggressive. Given

:46:46.:46:50.

the huge number of homes yet to benefit, the reduced ambition of

:46:51.:46:55.

this new obligation is a major disappointment to me, the committee

:46:56.:46:58.

and to many who gave evidence to the committee. There is no support to

:46:59.:47:04.

hop households who wish to hnstall energy efficiency measures but

:47:05.:47:11.

cannot meet the costs upfront. Big up mud has responded but we do not

:47:12.:47:14.

know what the reform scheme will look like. We asked ministers to

:47:15.:47:19.

look again at the pay as usd the mechanisms. We also need deland

:47:20.:47:27.

drivers such as stamp duty `nd council tax reductions for dfficient

:47:28.:47:30.

homes. I am pleased the Govdrnment in its response agrees the Green

:47:31.:47:35.

Deal Finance company could play a role in the future. If the

:47:36.:47:40.

Government takes action now, it could help in Slate consumers from

:47:41.:47:44.

future energy price rises and it would be money well spent. Ht would

:47:45.:47:48.

be an investment and it would not be a cost and it would prevent the need

:47:49.:47:53.

for large-scale retrofitting in the future. Previous efforts have tended

:47:54.:48:02.

to end up being implemented in more urban areas and often those who are

:48:03.:48:07.

poorest and have the most dhfficult to in Slate homes are in rural

:48:08.:48:13.

areas. Does the committee h`ve any recommendations to make surd any

:48:14.:48:17.

future programmes reach those on low incomes in rural areas? As ` role, I

:48:18.:48:26.

am very aware of that and the lady who spoke earlier is aware of that

:48:27.:48:31.

and I congratulate her for raising that. That is to be commenddd. One

:48:32.:48:43.

thing he would be delighted to know is on several occasions, thd

:48:44.:48:46.

Scottish Government were pr`ised for their actions, leading on one point

:48:47.:48:53.

for me to recommend that endrgy policy in this area be devolved to

:48:54.:48:57.

the Scottish Government who seem to be doing a better job of it

:48:58.:49:02.

according to the evidence wd were getting, and other governments. I

:49:03.:49:15.

wonder if the chair of the committee would have anything to say `bout the

:49:16.:49:21.

future almost collapse of solid wall insulation in homes predictdd by the

:49:22.:49:30.

new eco-arrangements, as set against by the suggestion by the colmittee

:49:31.:49:36.

that by the end of the fourth budget, we should have in place to

:49:37.:49:42.

.2 million solid wall insul`tion completions? Has his committee

:49:43.:49:46.

considered that particular hssue and has he any thoughts on that? It is

:49:47.:49:53.

almost interpretation that H gave way because what he doesn't know

:49:54.:49:58.

about energy, no one else does. He was on our committee earlier on and

:49:59.:50:03.

was on the predecessor's colmittee as well. This has come our way and

:50:04.:50:10.

there is some concern. The figure is expected off below what is needed

:50:11.:50:16.

and it has almost collapse which is very worrying indeed. I wish to

:50:17.:50:27.

start proposing a conclusion and I would like to thank my colldagues

:50:28.:50:32.

for their excellent work on these enquiries and the hundreds of

:50:33.:50:35.

companies and individuals who gave their time and expertise to inform

:50:36.:50:40.

our conclusions. It is apprdciated because as I stand here tod`y, I

:50:41.:50:46.

have to say I am not an expdrt. I can take the information from

:50:47.:50:49.

experts and distilled it down and hopefully get the policy pohnts out

:50:50.:50:55.

of it and along the way, develop some expertise in these are`s. The

:50:56.:51:01.

Government's response have demonstrated disregard for the

:51:02.:51:05.

enquiry process. Its response to a temp to report leaves unanswered

:51:06.:51:14.

questions and its report prdpared eight weeks late. The Secretary of

:51:15.:51:25.

State is able to afford a slall cut on the and I say that with regret

:51:26.:51:29.

because I do like her personally. We brought this up with ministdrs at

:51:30.:51:32.

the committee and then later several times. It might have been

:51:33.:51:38.

information that businesses and homeowners might use and nedd to be

:51:39.:51:42.

able to plan their own energy futures and that would be vdry

:51:43.:51:49.

important if that were to do. Finally, it is only right that a

:51:50.:51:54.

committee should reflect. It is not the MPs, the chair but we are

:51:55.:51:58.

fortunate in this House to have some quite talented people working with

:51:59.:52:03.

us and to that, a last but by no means least, I would like to thank

:52:04.:52:16.

the doctors, clerks, specialists, and our media officers for their

:52:17.:52:22.

interested confidence in thhs enquiry. And Kirstie Hamilton, a

:52:23.:52:39.

lady with many jobs. Thank xou. I rise really to echo the flanks that

:52:40.:52:47.

the chair has made not only to the committee staff but to the numerous

:52:48.:52:51.

witnesses who have taken lots of time, trouble to contribute evidence

:52:52.:52:57.

to the three enquiries that we are discussing today. I want to look

:52:58.:53:02.

briefly at the macro background to these enquiries which is re`lly one

:53:03.:53:06.

of climate change. We know that climate change is one of thd most

:53:07.:53:10.

serious threats that the world is facing. We know that it needs, that

:53:11.:53:17.

we need to decarbonise our dnergy sector and we know that that has to

:53:18.:53:21.

be done in a way that consulers in the UK feel that they benefht from

:53:22.:53:27.

that change rather than that they lose out an all too often the

:53:28.:53:31.

perception has been that Grden policies cost them, and I think

:53:32.:53:37.

there is a real danger in the current climate that we havd and

:53:38.:53:43.

particularly after the decision last week, I already have had

:53:44.:53:46.

correspondence from constittents who are concerned that the UK m`y

:53:47.:53:51.

abandon its environmental t`rgets. I know the Secretary of State went to

:53:52.:53:56.

Paris and was part of negothating very ambitious climate change

:53:57.:54:01.

targets. Why that matters in relation to these reports is that

:54:02.:54:04.

the investor confidence report deals with the delivery of those targets

:54:05.:54:12.

and energy is absolutely kex in delivering those targets, and it's

:54:13.:54:16.

not just the electricity th`t powers our homes. It is also in thd heat

:54:17.:54:23.

sector, in the heat and in transport and in those circumstances ht is

:54:24.:54:28.

against that backdrop that these enquiries were conducted. So it is

:54:29.:54:37.

of concern when the committde report found that there has been a drop in

:54:38.:54:43.

investor confidence since M`y 2 15 and as the chair alluded to, the UK

:54:44.:54:50.

has fallen from eighth placd to 13th place in the investor confidence

:54:51.:54:53.

index and that is from May this year.

:54:54.:54:58.

And I appreciate some of th`t ball may have been over uncertainty of

:54:59.:55:05.

the referendum, companies m`y have been holding back investment

:55:06.:55:07.

decisions to see what the rdsult of that referendum was, but it is clear

:55:08.:55:14.

now that there needs to be ` real signal sent out to the investor

:55:15.:55:21.

community that deals with some of the issues that were raised in the

:55:22.:55:34.

report. In particular, what startled me, if you think of a horse that has

:55:35.:55:40.

been startled away, the invdstor community faced a number of

:55:41.:55:45.

unexpected policy announcemdnts by the Secretary of State last summer.

:55:46.:55:49.

I do understand, and I alluded already to the intervention, that

:55:50.:55:53.

there was a need to look at the tariffs. Some of them gave very high

:55:54.:55:58.

rates of return, and let's not forget that it is the poorest

:55:59.:56:02.

consumers who are paying for that Levy control framework on their

:56:03.:56:08.

bill. It is right that the Government did look at it and did

:56:09.:56:15.

assess how effective that w`s. But nevertheless, there was a vdry

:56:16.:56:18.

strong theme coming through in the evidence that we had about ` lack of

:56:19.:56:27.

an overall strategy in the dlation to -- relation to where this

:56:28.:56:33.

Government is going on energy. I know that the Secretary of State

:56:34.:56:41.

speaks very passionately trhlemma. But we don't feel that therd has

:56:42.:56:46.

been a clear president that has been said about where we are going and

:56:47.:56:51.

why. I know the Secretary of State has said to us that she wishes to

:56:52.:56:57.

remain technology neutral, but in order to look ahead and takd

:56:58.:57:00.

advantage of some of the very best technologies that may come forward,

:57:01.:57:05.

that may deliver the best rdsults, in terms of climate change `nd

:57:06.:57:11.

reducing the impact of carbon emissions, it may well be that there

:57:12.:57:17.

does need to be some incenthvise nation, much as we have seen in the

:57:18.:57:25.

onshore wind sector. The ch`ir very rightly referred to the change to

:57:26.:57:29.

the Government policy on thd onshore wind sector and the switch to

:57:30.:57:33.

offshore that there has been, which of course has led to a declhne in

:57:34.:57:41.

investor confidence, in rel`tion to onshore wind investment, but has

:57:42.:57:48.

certainly not been the same results in the offshore sector. Not just my

:57:49.:58:05.

constituency, but having bedn to the European Commission to get ht

:58:06.:58:08.

formally passed, the Governlent seems reluctant to go right to the

:58:09.:58:11.

European Commission to get ht formally passed and remembering that

:58:12.:58:21.

the island CFDs, because thd wind and Islands can be stronger than on

:58:22.:58:28.

the east coast. I am aware that the Scottish Government has a great deal

:58:29.:58:33.

of Government in energy polhcy, particularly through its rocks in

:58:34.:58:36.

the past, and it has the levers if it wishes to two incentivisd

:58:37.:58:45.

different energy development in Scotland, but it is certainly clear

:58:46.:58:51.

that some of the announcements concerning feed in tariffs, the

:58:52.:58:54.

renewables obligation and the climate change Levy, and thd quick

:58:55.:59:01.

succession in which those took place did create uncertainty amongst

:59:02.:59:04.

investors. Another team that came through in the report was a lack of

:59:05.:59:11.

transparency around the decision-making process -- theme. I

:59:12.:59:14.

think what the Cheers said hn relation to the carbon stor`ge

:59:15.:59:21.

project, that came through very clearly in that particular case I

:59:22.:59:29.

think it wasn't just the decision, but the manner in which it was taken

:59:30.:59:34.

which caused particular concern amongst those companies, th`t had

:59:35.:59:37.

actually spent a very many lonths and years putting together their

:59:38.:59:47.

bids. But I do understand that the Government does need to look at the

:59:48.:59:55.

facts that it is getting value for money. To that extent, it shows why

:59:56.:00:02.

it is so important to have ` clear policy direction. And that was what

:00:03.:00:07.

came through, I think, in the Investor Confidence Report. I

:00:08.:00:13.

appreciate there had been a number of reset speeches, but again we are

:00:14.:00:21.

in now in a climate where the Brexit vote has happened. Some of the

:00:22.:00:27.

quotes that were used, therd was a lack of long-term vision and

:00:28.:00:31.

concerns that there would bd a policy cliff edge in 2020 whthout

:00:32.:00:36.

clarity on the future of thd levy control framework, or indeed the

:00:37.:00:42.

carbon price floor beyond that year. In the elation to the impact that

:00:43.:00:47.

that was having. In the short-term, the reflection of the drop hn our

:00:48.:00:53.

place on the investor renew`ble energy company attractiveness index,

:00:54.:01:01.

it may in fact mask what is really happening, because we know that

:01:02.:01:04.

there are pipeline projects that are still being delivered and still

:01:05.:01:09.

coming through. And the real impact is going to maybe only be fdlt in

:01:10.:01:16.

ten years' time, when the stccessor projects to the ones that are

:01:17.:01:20.

partway through the process, they have consent, not built yet, aren't

:01:21.:01:29.

there. In respect, it's all change at the moment and we know that every

:01:30.:01:33.

department will be looking `t the issues, both in relation to Europe

:01:34.:01:38.

and our European targets, btt also what we might do in the futtre as a

:01:39.:01:42.

nation. I think it's really important and I would urge the

:01:43.:01:45.

Secretary of State to confirm that her civil servants are lookhng at

:01:46.:01:52.

the direction that UK energx policy may go in the context of us leaving

:01:53.:02:00.

Europe. The risks that that carries for the investment in, parthcularly

:02:01.:02:09.

in renewables. One of the other writers that came through vdry

:02:10.:02:19.

strongly in our report was the risk premium for developers. -- htems.

:02:20.:02:26.

Some developers have very hhgh risk. They can't get other investlents

:02:27.:02:35.

with such high returns. I elphasise the fact that it is my constmers,

:02:36.:02:42.

those least able to afford ht, who are paying for the green investment

:02:43.:02:54.

through the levy control fr`mework. I hear what the honourable lady is

:02:55.:03:01.

saying, but would she agree with the effect that previous spending has

:03:02.:03:04.

led to investment, which has reduced wholesale prices and therefore

:03:05.:03:10.

benefiting consumers of the present. Investing today will do the same for

:03:11.:03:14.

consumers in the future? I certainly do and I will come on to th`t point

:03:15.:03:17.

when I look at the home energy efficiency section. I'm afr`id I

:03:18.:03:22.

haven't had a chance to see the Government's response, which the

:03:23.:03:27.

chairs that only arrived thhs morning. Due to technical errors and

:03:28.:03:32.

a failure of my iPad to sink, it means I don't have a copy of the

:03:33.:03:39.

reports and I don't know ex`ctly what recommendations they h`ve

:03:40.:03:45.

adopted. -- synch. It is absolutely clear that the Government does need

:03:46.:03:49.

to set out in levy for the framework going beyond 2020. Of what hts

:03:50.:03:56.

budget will be. I welcome the fact that the National Audit Offhce has

:03:57.:03:59.

said they will look at the levy control framework and lift the veil,

:04:00.:04:06.

as they Chair put it, on thd funding that is they are and how much we

:04:07.:04:12.

exceeded it, or watch the projected spend is, because it is really only

:04:13.:04:17.

by sending that certain signal out there to the market that we will see

:04:18.:04:21.

and encourage that investment to come forward. We need to do that in

:04:22.:04:26.

a way that is responsible to the taxpayer, that does give a return to

:04:27.:04:30.

investors, but not an excessive one was done at the cost to the

:04:31.:04:36.

taxpayer, or the bill payer, really, is paying it through their bill If

:04:37.:04:44.

you move from the macro levdl, the delivery level on the larger scale,

:04:45.:04:50.

I suppose I shouldn't forget how the contract is the difference, we do

:04:51.:04:55.

need clear signals on contr`cts of difference, when the options are

:04:56.:05:00.

going to be and we need to look at technologies like anaerobic

:05:01.:05:03.

digestion, that have been under adopted in the UK and have huge

:05:04.:05:07.

potential to deliver, particularly in rural areas, where, as others

:05:08.:05:13.

have highlighted, there are real problems. We had many peopld on oil

:05:14.:05:21.

fired boilers in rural areas, the quality of housing tends to be older

:05:22.:05:29.

and it is vital that the CFDs look at how they can deliver Dunn we have

:05:30.:05:38.

seen large gas projects comhng forward, they are not built, but we

:05:39.:05:44.

need to look at the macro ldvel that comes through in the home efficiency

:05:45.:05:54.

report. Government policies on energy efficiency has been tnstable

:05:55.:05:59.

and jobs have been lost in the supply chain. I have seen that in my

:06:00.:06:04.

own constituency, where I h`ve had a small business that has laid off a

:06:05.:06:10.

number of employees, over 60, as a result of some of the policx

:06:11.:06:15.

changes. That has real impact on my constituents and those people, they

:06:16.:06:24.

are out of work, having to re-train and use different skills. The

:06:25.:06:33.

eco-scheme has not achieved what we wanted it to achieve, and I don t

:06:34.:06:37.

praise the Welsh Government very often, but I have to say thd nest

:06:38.:06:44.

schemes in Wales actually achieved a far greater amount than the eco did

:06:45.:06:53.

in the UK. I think there is much from the Government looking and

:06:54.:06:59.

learning over the border. I hear what they Chair says about Scotland.

:07:00.:07:04.

It is clear that the eco-is going to be extended, extended to 2008, but

:07:05.:07:10.

the committee was very concdrned that its main policy target is going

:07:11.:07:15.

to be fuel poverty. We have questioned whether or not it will

:07:16.:07:22.

really deliver on that ambition The honourable gentleman raised solid

:07:23.:07:27.

wall insulation and what was happening in rural areas. There is a

:07:28.:07:31.

particular concern about rural areas and I think it is quite cle`r that

:07:32.:07:37.

we need much greater data at an individual households level, so that

:07:38.:07:43.

eco-measures can be targeted more effectively. One of the big concerns

:07:44.:07:48.

is not having that individu`l level data, and one of the recommdndations

:07:49.:07:51.

of the committee's report w`s to ensure that we set up that sharing

:07:52.:08:01.

of data, so that home effichency measures could be far more

:08:02.:08:06.

effectively targeted, particularly in the rule areas. I think there has

:08:07.:08:15.

been a feeling with eco-that it has gathered the low hanging frtit and

:08:16.:08:20.

it has concentrated in areas where they can do whole streets at a time

:08:21.:08:27.

and it has failed to deliver in rural areas, where housing hs older,

:08:28.:08:31.

tends to be poorer quality `nd it tends to be solid wall, built pre-19

:08:32.:08:41.

85. If we're going to make games that we need to, we need to look at

:08:42.:08:46.

tackling those harder to re`ch homes. In order to do that, we do

:08:47.:08:53.

need the data. For that reason, it is clear that the Government has to

:08:54.:08:57.

do much more across departmdntal working and has to set up a proper

:08:58.:09:07.

database. I have potentiallx seen that smart meters will be able to

:09:08.:09:11.

identify which homes are thd least efficient and will give Govdrnment,

:09:12.:09:15.

and indeed the energy companies the information about who is ushng the

:09:16.:09:20.

most and potentially who is the least efficient.

:09:21.:09:25.

I wonder if she agrees it is not just about energy efficiencx because

:09:26.:09:33.

so many homes are using liqtid gas or oil that when you are looking at

:09:34.:09:39.

the rural state, you need to look at a combination of programmes to get

:09:40.:09:46.

we do macro new forms of he`t production. I do agree and H know

:09:47.:09:54.

that the Government is revidwing the renewable heat incentive at the

:09:55.:09:59.

moment and I declare an intdrest and I point to members of the House to

:10:00.:10:05.

declare I have registered for the our hate shy but thereafter some

:10:06.:10:08.

very innovative products th`t have been brought forward by companies

:10:09.:10:15.

that work in conjunction with air source heat pumps, which ard so

:10:16.:10:21.

efficient that they qualify and we need to divide the response in home

:10:22.:10:29.

efficiency by those that can and cannot pay. The Green Deal did not

:10:30.:10:37.

deliver for the able to pay market, it was too complicated, it was too

:10:38.:10:43.

confusing, it delivered for very small numbers of households, less

:10:44.:10:48.

than 15,000 households, and the Government needs to look at how it

:10:49.:10:53.

can incentivise and make those games on home efficiency because `s the

:10:54.:11:01.

honourable gentleman has highlighted, there are huge gains

:11:02.:11:05.

both in health, in comfort. These are messages that are not gdtting

:11:06.:11:09.

out there. There are huge g`ins and it is an investment that radically

:11:10.:11:15.

changes people's lives. It leads to less consumption in terms of

:11:16.:11:23.

electricity usage and it is that kind of programme I agree is a win

:11:24.:11:29.

where there is an investment in the future. In that context, also the

:11:30.:11:37.

abandoning of the zero carbon homes target was also a huge shamd. I

:11:38.:11:42.

appreciate that building regss have driven up the standards frol where

:11:43.:11:47.

they were but they are still not as high as the zero carbon homds target

:11:48.:12:03.

was. She is making a good speech and freezing many points I would like to

:12:04.:12:08.

enter into debate with. She makes a good point on solid wall insulation

:12:09.:12:16.

and the price of oil in rur`l areas at the moment is beneficial in

:12:17.:12:20.

comparison to the past, but now is a time when the sun is shining, before

:12:21.:12:28.

the price of oil may go up `gain, this work could be done now before

:12:29.:12:34.

the pain could come later and on the zero carbon homes, she will recall

:12:35.:12:39.

it was a disappointment for many in the supply chain only to be deflated

:12:40.:12:44.

to find the Government had changed its policy. Can I remind melbers

:12:45.:12:49.

that there are six members still wishing to speak. We still have to

:12:50.:12:54.

front bench windups and we have to finish by ten o'clock. If she could

:12:55.:13:00.

try and come to the end and other members stick to ten minutes. You

:13:01.:13:05.

will be glad to know, Madam Deputy chair, that the home efficidncy is

:13:06.:13:15.

my final point. I would urgd the Government to have that cross

:13:16.:13:19.

departmental working to delhver on home efficiency targets. It is where

:13:20.:13:24.

we are going to make some whns on climate change. We make wins on the

:13:25.:13:28.

comfort of the people who h`ve had those measures installs and that

:13:29.:13:33.

installs positivity around Green changes and the Levy control

:13:34.:13:37.

framework, because they feel they are getting what they paid for.

:13:38.:13:45.

There is much in the report that I would urge you to adopt and look at

:13:46.:13:50.

because really it is that ddlivery on the ground that matters to people

:13:51.:13:53.

who are paying it through their bills. It's a pleasure to follow the

:13:54.:14:04.

honourable member who I thotght made a thoughtful contribution, lost of

:14:05.:14:10.

which I agree with. I think that perhaps sets the tone for the rest

:14:11.:14:15.

of the evening's debate bec`use I think there is a wide consensus now

:14:16.:14:22.

that the changes that were lade the storm of changes in last sulmer

:14:23.:14:27.

particularly in a whole range of renewable incentives and issues have

:14:28.:14:35.

created enormous problems to investor confidence and havd created

:14:36.:14:39.

substantial uncertainty in terms of what the future direction of the

:14:40.:14:45.

Government is as far as energy policy is over all concerned. The

:14:46.:14:49.

three excellent reports that we are also discussing this evening from

:14:50.:14:53.

the energy and climate change select committee I think underlying just

:14:54.:14:58.

how those problems have arisen and what they consist of. At thd same

:14:59.:15:08.

time, however, we have just into juiced -- introduced the acceptance

:15:09.:15:14.

of the fifth carbon budget. I think it is great the Government has

:15:15.:15:21.

accepted that. It would be nice to have shipping in the fifth budget,

:15:22.:15:29.

but nevertheless, there we `re. They have accepted the fifth carbon

:15:30.:15:33.

budget and that budget talks about the onward march of renewables is

:15:34.:15:39.

absolutely essential as far as carbon budgets are concerned and

:15:40.:15:43.

reductions in emissions is concerned. It talks the essdntial

:15:44.:15:50.

nature of carbon caption storage, it talks about the essential n`ture of

:15:51.:15:58.

the forward march of energy efficiency in homes. The pohnt I

:15:59.:16:09.

made in intervention that the fourth carbon budget deals with solid wall

:16:10.:16:16.

insulation in homes and all of which point to the -- opposite. They will?

:16:17.:16:27.

Not just in terms of investors but in terms of future policy over how

:16:28.:16:34.

is it that at one and the s`me time we can be on target for those

:16:35.:16:40.

budgets and hope we will be on target and undertaking thesd changes

:16:41.:16:45.

in the way we have over the shorter period. The justification not so

:16:46.:16:50.

much for the cancellation of the CCS macro which I think was thoroughly

:16:51.:16:59.

deplorable, but for the changes as far as renewables was a verx

:17:00.:17:07.

controlled framework. It cale in in 2011, a framework which has been

:17:08.:17:14.

supposed to ensure their ard limits to what levies are arranged, partly

:17:15.:17:28.

indeed in terms of what customer bills will look like as a rdsult of

:17:29.:17:32.

those levies because they whll, forward on to customer bills in the

:17:33.:17:39.

end, but it really was almost an inevitable car crash. In terms of

:17:40.:17:48.

how the original framework was conceived and what it will look like

:17:49.:17:56.

by 2020. We had some claritx coming forward about future auctions on

:17:57.:18:04.

levy control, under the fralework of 22020, but it does not look like

:18:05.:18:08.

there will be much money in those auctions and it does not look like

:18:09.:18:19.

there will be very signific`nt. That partly it's because when thd levy

:18:20.:18:24.

control framework was first designed it was based on renewables

:18:25.:18:30.

obligation, and that had a fixed sum of payment of the Government to

:18:31.:18:36.

those receiving obligation certificates. But there is `

:18:37.:18:41.

variable some coming forward and as energy prices go down, so the cost

:18:42.:18:46.

of payments go up and so thd less and less money there is in the

:18:47.:18:50.

framework. A badly designed arrangements to deal with ftture

:18:51.:18:55.

renewables deployment if we are serious about getting that

:18:56.:18:58.

deployment in line with our carbon budgets. My view is that not only

:18:59.:19:06.

does the levy control framework need to be clarified from 2020 onwards,

:19:07.:19:12.

that there is one and by thd way I was interested to see this lorning

:19:13.:19:18.

that a very interesting consultation emerged about changes to thd 20 4

:19:19.:19:29.

contracts of different orders, which turns out to be a consultathon about

:19:30.:19:33.

whether there should be a ldvy control framework at all after 020

:19:34.:19:39.

but not what it should conshst of or how it should work, but just that

:19:40.:19:45.

actually the Secretary of State indicated that there would be some

:19:46.:19:52.

offshore wind auctioned aftdr 2 20, therefore there has to be a levy

:19:53.:19:56.

control framework that that is as far as we have got as far as any

:19:57.:20:02.

information is concerned. The consultation consisted of one

:20:03.:20:06.

Kristian and nine pages but does not tell us what the framework will be.

:20:07.:20:12.

-- one question. We need to look at the continuation of the fralework

:20:13.:20:18.

and clarity is what that will be. I was interested in his remarks a few

:20:19.:20:30.

moments ago. It seems to me that the levy control framework was

:20:31.:20:35.

conceptualised when prices were higher or more expensive. I wonder

:20:36.:20:39.

what use he might have on that and also with the live it control

:20:40.:20:46.

framework, no revision has been made. The chair of the commhttee is

:20:47.:20:55.

absolutely right to raise those particular questions becausd it is

:20:56.:20:59.

not only the case that with the change in prices coming forward and

:21:00.:21:08.

indeed interestingly the prhces of gas and electricity and oil are now

:21:09.:21:14.

below the lowest conceive of all concerned are you that the

:21:15.:21:18.

Department of Energy and Clhmate Change puts forward in its

:21:19.:21:22.

projections and way below its reference points, so it is something

:21:23.:21:27.

that has an effect on the framework that was not anticipated by the

:21:28.:21:30.

department when they first designed the framework. Also, the levy

:21:31.:21:37.

control framework only takes into account the expenses to consumers of

:21:38.:21:44.

how it works and as the chahr of the committee himself mentioned, it is

:21:45.:21:46.

fairly clearly the case that actually investment in renewable

:21:47.:21:52.

energy for every pound that goes in in terms of the change in the merit

:21:53.:21:56.

order that produces and therefore the downward pressure on prhces

:21:57.:22:02.

there is a real effect on wholesale prices as a result and something

:22:03.:22:06.

like 60p comes back for every pound going in, which is not calctlated in

:22:07.:22:13.

anyway as far as the costs of the framework are concerned and that

:22:14.:22:17.

wart to be another redesign of the framework when it comes out after

:22:18.:22:22.

2020. The chair of the select committee also mentioned, which I

:22:23.:22:30.

think is a serious issue to stand alongside the levy control framework

:22:31.:22:34.

itself, the signals that ard given out by the parallel arrangelents

:22:35.:22:39.

taking place as far as the capacity auctions are concerned. Cap`city

:22:40.:22:43.

auctions have the same form as the levy control framework in tdrms of

:22:44.:22:48.

their effect on customer bills. That is they are a levy, the customer

:22:49.:22:54.

will pay them, the energy companies have to pay into that levy `nd they

:22:55.:22:59.

land on the doormat in the form of bills and yet with capacity auctions

:23:00.:23:07.

with the continuation of supply for non-renewables, for mineral -based

:23:08.:23:12.

power stations the department while saying on the one hand that capacity

:23:13.:23:17.

auctions are going to be within the levy control framework, havd kept

:23:18.:23:20.

the sums involved in capacity auctions outside the headline total

:23:21.:23:27.

for the limit of the levy control framework, up to 2020 and that is

:23:28.:23:30.

not surprising because if wd look at how many billions of pounds have

:23:31.:23:34.

been thrown up against the war so far as far as capacity aucthons are

:23:35.:23:41.

concerned in terms of trying to get onstream some new gas-fired capacity

:23:42.:23:50.

power stations, or just to get gas capacity power stations and coal

:23:51.:23:53.

power stations and nuclear power stations just to continue to supply

:23:54.:23:59.

energy, then they bear no rdlation to the limits that are being set by

:24:00.:24:04.

the framework. Not only no relation but as the committee on clilate

:24:05.:24:12.

change suggests, by 2020 thd total amounts of bills as far as customer

:24:13.:24:21.

bills are concerned, the total amount of bills that will go on to

:24:22.:24:27.

founding renewables will be about ?70, that is the committee's

:24:28.:24:29.

estimation. Capacity options so far, and we had

:24:30.:24:40.

the announcement of the new capacity auction that will precede the new

:24:41.:24:54.

capacity auctions. It'll be something like ?50 on the bhll for

:24:55.:25:03.

the first option is, and if we add those three figures together, we

:25:04.:25:09.

will find that by 2020, the cost to the customer of overs will be about

:25:10.:25:14.

the same of all the costs rolled in for renewables and for the levy

:25:15.:25:17.

Control Framework, and yet one is capped on the other is not. That

:25:18.:25:24.

must send a message surely to renewable and low-carbon investors,

:25:25.:25:27.

if they think the Government is prepared to put out by .5 bhllion

:25:28.:25:36.

pounds on capacity auctions and yet not received from the Levy Control

:25:37.:25:42.

Framework, which is able to receive in the next four years. -- five 5p.

:25:43.:25:53.

I now bringing my remarks to a close, but I hope the response will

:25:54.:25:57.

indicate personally that thd Levy Control Framework will becole in any

:25:58.:26:02.

decent form in 2020, and will be reviewed to take into account the

:26:03.:26:07.

points I have mentioned. Madam Deputy Speaker,, I will spe`k in

:26:08.:26:21.

less detail and be a bit shorter. I enjoyed all three of the select

:26:22.:26:24.

committee reports and I congratulate the select committee for those. I

:26:25.:26:31.

have specific comments on them. I would say that the particul`r

:26:32.:26:33.

suggestion the chairman madd that we should evolve energy policy to

:26:34.:26:38.

Scotland has in part some mdrit because it is true that Scotland has

:26:39.:26:43.

got the lowest carbon per c`pita of any of the UK nations. I am aware

:26:44.:26:48.

that the way they have achidved that is that the highest proporthon of

:26:49.:26:53.

their energy comes from nuclear power. To that extent, we c`n all

:26:54.:26:57.

learn from what Holland has achieved. I wanted to talk hn terms

:26:58.:27:03.

of the trust of the three rdports, about investor confidence. There is

:27:04.:27:12.

a cost associated with that. I would say that if I am in business and my

:27:13.:27:15.

business model is all about subsidies from governments, it is

:27:16.:27:21.

reasonable that from time to time there is a discontinuity in some of

:27:22.:27:24.

that and I should expect sole of that. The point was made th`t we

:27:25.:27:33.

have slipped from eighth to 13th in the table for renewables and how can

:27:34.:27:38.

that be compatible with meeting what are the most challenging

:27:39.:27:43.

decarbonisation targets of `ny country in the world? The answer is

:27:44.:27:48.

that it isn't compatible and it is better if that was improved, but

:27:49.:27:51.

renewables is only one part of how we're going to decarbonise. In the

:27:52.:27:58.

UK, 9% of our comes from renewables. The chairman of the select committee

:27:59.:28:02.

read out some numbers in terms of energy production at the molent He

:28:03.:28:08.

was talking about electricity, and energy is including transport and

:28:09.:28:12.

all that goes with that, and a district that 30% of investlent in

:28:13.:28:19.

renewables in the EU last ydar was in the UK, it is also true that the

:28:20.:28:24.

Government is making a great deal of progress with nuclear power. It

:28:25.:28:27.

needs to do it even more with gas, in terms of the substitution of coal

:28:28.:28:33.

from gas, which will make the biggest single difference. But valid

:28:34.:28:40.

points were made. There will be other people tonight talking about

:28:41.:28:44.

CCS, and I regret that that did not go ahead. It is not clear to me

:28:45.:28:49.

That there is a clear pathw`y of how CCS is going to work. We talk about

:28:50.:28:53.

Canada, perhaps the array, neither of those are yet commercial and

:28:54.:28:58.

there is a lot more work to be done to make that happen. I would defend

:28:59.:29:02.

the Government somewhat in terms of its notice to the stock exchange

:29:03.:29:07.

before Parliament, just makd this point, in that companies like Shall

:29:08.:29:18.

invested huge amounts of money in this and I think stock exch`nge had

:29:19.:29:24.

to be told before Parliament. The honourable gentleman says that CCS

:29:25.:29:27.

is not commercial, whatever that means, but I think the point was for

:29:28.:29:36.

climate change targets, for the meeting of carbon dioxide. On the

:29:37.:29:40.

other hand, nuclear is not commercial either. Someone from his

:29:41.:29:45.

own party made that point a few weeks ago at a Brexit meeting.

:29:46.:29:50.

Hinkley C was not chosen for reasons of economic. You can't make a

:29:51.:29:55.

commercial argument on one side and then change it for the other. We

:29:56.:29:58.

could spend a long time talking about the word commercial in that

:29:59.:30:02.

context. The former energy linute that he has just referred to is the

:30:03.:30:06.

one I think we are about to talk about in the context of the third

:30:07.:30:11.

report, which was around thd green deal of the Echo and some of those

:30:12.:30:16.

things. I'm not going to trx to defend what has happened ovdr the

:30:17.:30:20.

last five or six years in that area, because it has not been good and the

:30:21.:30:25.

Government must do much better, because there is a very big prize to

:30:26.:30:28.

be gained in energy efficiency. The one thing we can all agree on,

:30:29.:30:34.

whether we agree on nuclear, CCS or anything else, we can all agree that

:30:35.:30:36.

energy efficiency is somethhng we have to do a lot better in. I think

:30:37.:30:41.

what happened around the grden deal was a little short of a dis`ster. I

:30:42.:30:47.

want to come on to market shgnals, because we have made the biggest

:30:48.:30:53.

market signal over the last week that could be imagined. We have

:30:54.:30:58.

accepted the committee on climate change figure 457% reduction in

:30:59.:31:07.

carbon by 2030, consistent with the climate change act, that is all it

:31:08.:31:13.

is. I am pleased that we have done that. But I want to make thd point I

:31:14.:31:18.

have made previously. What worries me is that others around thd world

:31:19.:31:22.

are not following us in the way that we might have expected or hoped

:31:23.:31:29.

This isn't China or India, or the economy is that must catch tp, this

:31:30.:31:32.

is other countries within the Europe. We gloss over somethmes in

:31:33.:31:41.

these debates the impact on allergen city prices, which means

:31:42.:31:45.

uncompetitive manufacturing. I would just say that the website this

:31:46.:31:51.

morning showed that we have 60% higher electricity prices than the

:31:52.:31:58.

mean in the EU. The industrx has 90% higher electricity prices than the

:31:59.:32:02.

mean of the EU. So when the Government talks of rebalancing the

:32:03.:32:05.

economy, when the Government talks about the noise and powerhotse, I

:32:06.:32:11.

say that if we are serious `bout manufacturing, it is very h`rd to do

:32:12.:32:17.

that with differentially higher prices and some of the debates we

:32:18.:32:22.

have about the need to re-c`rbonised must be seen in that context --

:32:23.:32:29.

Northern Powerhouse. In terls of the 57% target that we have, it saddens

:32:30.:32:39.

me that it is approximately doubled the European target, put into the

:32:40.:32:51.

Paris commitment in the INDC. That was a 40% reduction. That's 40%

:32:52.:32:56.

includes the UK, so if you take that out it is roughly speaking doubled

:32:57.:33:00.

the rate. They are not even achieving that. This year, 08 out of

:33:01.:33:08.

the 28 countries in the EU hncreased their carbon emissions. The UK

:33:09.:33:15.

managed a 3% reduction. Why is that happening? Because they continued to

:33:16.:33:20.

burn coal at a rate that is in some cases coming down, but in gdneral

:33:21.:33:25.

very high indeed. The Secretary of State made an announcement last

:33:26.:33:28.

November that we would phasd out coal by 2025 dustup a week later,

:33:29.:33:36.

the Germans commissioned thdir brand-new midnight burning tnabated

:33:37.:33:42.

coal power stations, and Germany burn four times as much coal as the

:33:43.:33:47.

UK. But it is not just Germ`ny, Holland, Ireland, all of thdse

:33:48.:33:51.

countries burn significant `mounts of coal. There is an issue that has

:33:52.:33:55.

to be resolved, as we make our progress. I am about to sit down. In

:33:56.:34:02.

terms of this 57% reduction. We can't do it on our own and part of

:34:03.:34:05.

being the UK and showing le`dership in this means making sure that these

:34:06.:34:09.

other countries come with us. China is doing it a lot more than many

:34:10.:34:17.

others. In these days of uncertainty, one thing is cdrtain.

:34:18.:34:20.

If we are going to go it alone in the big, bad world, we need to have

:34:21.:34:26.

energy policies that are fit for our future requirements. We need to make

:34:27.:34:29.

sure that our spending priorities are targeted properly. Yet ready

:34:30.:34:34.

reports suggest that the UK is lagging behind an existing legally

:34:35.:34:39.

binding EU target of 50% of energy coming from renewables by 2020, with

:34:40.:34:45.

the Government bringing an dnd to subsidies from wind farms, cutting

:34:46.:34:49.

support to solar power. Mordover, the Government is failing to provide

:34:50.:34:54.

the investment we need in energy efficiency to support a low carbon

:34:55.:34:58.

economy in the UK and has dhtched support for low carbon technologies,

:34:59.:35:06.

like CCS. I know from my chairmanship of the AAPG on CCS that

:35:07.:35:19.

there was a withdrawal of ftnding. Industry want answers from the

:35:20.:35:24.

Government. On the EE referdndum result, it and utterly left the UK

:35:25.:35:30.

politics in a state of turmoil, but these CCS agenda must remain a

:35:31.:35:38.

strong priority. The UK agrded the fifth climate change budget,

:35:39.:35:56.

committing to help in the UK's lowering of carbon emissions. This

:35:57.:35:59.

should be welcomed, but there can be no doubt that industrials CCS must

:36:00.:36:05.

have a significant role to play if we are to meet this goal. The carbon

:36:06.:36:12.

budget has determined the UK's low-carbon transmission. Anx

:36:13.:36:15.

uncertainty of the target is disruptive at best and catastrophic

:36:16.:36:18.

at worst. The Government has already slashed funding for green energy

:36:19.:36:25.

options. Further ambiguity will not help the investment needed, but will

:36:26.:36:27.

increase the cost. We need the Government to clarify the climate

:36:28.:36:35.

change targets and clearly prioritise energy spending

:36:36.:36:38.

intentions to ensure realistic and responsible goals are both retained

:36:39.:36:42.

and achieved. I would argue that following the referendum, it is more

:36:43.:36:45.

important than ever that thd Government commits to be in a world

:36:46.:36:49.

leader in important areas stch as climate change and energy policy,

:36:50.:36:52.

driving innovation and investment, rather than sitting in a passenger

:36:53.:36:56.

seat attending to given dirdctions. The importance of CCS to medting the

:36:57.:37:02.

climate change targets were confirmed on the same day that the

:37:03.:37:07.

climate change budget was agreed in the progress report, which

:37:08.:37:11.

specifically recommended th`t the Government should urgently come

:37:12.:37:16.

forward with a new approach to CCS technology. I know the Government

:37:17.:37:21.

member from south to have J`nsher has been preoccupied with Brexit,

:37:22.:37:29.

and he has promised a new plan for CCS for months now and it is about

:37:30.:37:34.

time we saw it. News of the Government's new approach now

:37:35.:37:37.

promise towards the end of the year is far too late and ministers need

:37:38.:37:42.

to come today has much soondr. I would welcome hearing from the

:37:43.:37:44.

Secretary of State that the events of June the 23rd will not bd allowed

:37:45.:37:48.

to cloud our collective judgment and create a to progress. The absence of

:37:49.:37:55.

the CCS demonstration projects, which were expected to contribute

:37:56.:38:02.

towards decarbonisation by 2020 is extremely worrying. I share the view

:38:03.:38:09.

of the group that it is difficult to see how the Government's absence of

:38:10.:38:14.

policy ambition for CCS can be reconciled with the recommendations

:38:15.:38:19.

of the committee for Paris `ctor decarbonisation, of the deshred to

:38:20.:38:27.

enable energy committee is to become part of the UK in general. Ht

:38:28.:38:33.

represents one of the largest clusters of manufacturing industries

:38:34.:38:36.

in the UK. The industry contributes to over ?10,000 annually and

:38:37.:38:44.

provides manufacturing jobs in the local area, produces a signhficant

:38:45.:38:53.

amount of the UK's annual ottput. Industrial CCS has the potential to

:38:54.:38:57.

protect these energy intenshve industries from future high carbon

:38:58.:39:01.

prices, well curtailing CO2 emissions. We know that CCS is a

:39:02.:39:07.

core component in the energx intensive sector road maps. Despite

:39:08.:39:15.

that, at the expectation th`t the CO2 abatement cost might be lower

:39:16.:39:22.

from some industrial things than other, there is no support policy

:39:23.:39:27.

for industrial CCS deployment. I would be grateful if the Secretary

:39:28.:39:30.

of State could outline meastres that have been taken to this disparity.

:39:31.:39:34.

Some industries have started to benefit from the Government's

:39:35.:39:40.

existing CCS policy. I welcome that. But I would ask the minister, what

:39:41.:39:50.

is the target for post EU energy? Will it still exist and to what

:39:51.:39:52.

extent? Importantly the committee also

:39:53.:40:11.

pointed out recommended sep`rate recommendations to enable the

:40:12.:40:13.

development of this infrastructure. Only by doing so in places like

:40:14.:40:18.

Teesside with the capacity `nd expertise to make such projdcts work

:40:19.:40:22.

in the UK hoped to secure a stable future post EU. IM cleared that

:40:23.:40:35.

investment poses the potenthal to secure thousands of jobs whhch is

:40:36.:40:42.

important now more than ever before. But with the UK having statdd the

:40:43.:40:48.

intention to vacate its seat at the top table as far as policy-laking at

:40:49.:40:53.

the EU level is concerned, can the Minister reassured the Housd that

:40:54.:40:59.

plans are in place to guarantee officials can collaborate whth

:41:00.:41:01.

counterparts as policies ard developed. I would welcome the

:41:02.:41:06.

minister confirming the indtstry would not lose out on current or

:41:07.:41:09.

future support as a result of leaving the EU and that backing for

:41:10.:41:13.

these technologies will be ` priority. EU funds have supported

:41:14.:41:19.

and continue to support CCS projects such as the Dunn Valley Project I

:41:20.:41:28.

would be grateful if the Minister could outline how the Government

:41:29.:41:35.

intends to replace these monies for existing policies. I will try and

:41:36.:41:46.

make my report, remarks verx brief. We have approved the fifth carbon

:41:47.:41:50.

budget comedy framework of `ll frameworks. That is the message that

:41:51.:41:55.

needs to go out from this place to investors, that is where we are

:41:56.:42:02.

headed. We are headed to 2040 with the climate change act intact,

:42:03.:42:06.

supported by this Government, the party opposite and it's important

:42:07.:42:10.

talking about investors being put off, it is important we do not set

:42:11.:42:16.

out messages which suggests they should not be confident. Thdre are a

:42:17.:42:21.

number of ways in which we can all boost that. We are in a typd of

:42:22.:42:28.

change, I hope we never havd a Chancellor of Exchequer who says we

:42:29.:42:32.

should not lead in this are` again. Reassured. If there is a Chhnese

:42:33.:42:44.

electric bus company come to Britain because we are leading the world, we

:42:45.:42:49.

have a law in place and we `re committed to doing it. We h`ve

:42:50.:42:53.

energy research happening this year, the Government is looking at it

:42:54.:42:59.

again and Brexit provides other opportunities. What are thex going

:43:00.:43:05.

to do as we leave the EU, wd need to make low carbon our own. As we are

:43:06.:43:09.

doing it, we need the investment here, the jobs here and we leet the

:43:10.:43:15.

central task which goes to the point my honourable friend raised about

:43:16.:43:19.

cost. We have to drive that downwards as quickly as possible.

:43:20.:43:23.

That requires coherent policy-making, sound messagds,

:43:24.:43:27.

constant positive tone across this House if we are going to make the UK

:43:28.:43:32.

low carbon centre of the world and if we can do that, we will lower our

:43:33.:43:37.

costs of energy and bring the benefit. With that, I will sit down.

:43:38.:43:48.

I would like to begin by congratulating the honourable

:43:49.:43:59.

gentleman for securing the debate and for the work of his comlittee

:44:00.:44:04.

improving the Government. Wd seem to have come a long way since the heady

:44:05.:44:11.

days of promising to leave the Green is government ever. In realhty we

:44:12.:44:15.

have had years of policy chopping and changing and now an energy

:44:16.:44:21.

colleague says that seems to be going in reverse. First the Green

:44:22.:44:28.

deal effectively ended last July after local authorities had wasted a

:44:29.:44:31.

fortune in time and money trying to make it work. In my own are`,

:44:32.:44:39.

Birmingham energy Savers is one such venture. Forced to wind up `s the

:44:40.:44:47.

latest shift in government policy brought its ambitions for energy

:44:48.:44:53.

efficiency to a halt. No ond on the benches opposite wanted to listen to

:44:54.:44:58.

concerns about Green deal in the early days. They ignored warnings

:44:59.:45:03.

about the complicated structure the expensive yorker sea and thd cost to

:45:04.:45:07.

homeowners. They insisted they knew best but they were wrong and with

:45:08.:45:15.

that, it has become the hallmark of the Conservative government and

:45:16.:45:17.

decided to end the scheme after years of denial. It was not just the

:45:18.:45:24.

Green deal. The last Labour government had a fair degred of

:45:25.:45:31.

success with warm front which was a progressive tax payer supported

:45:32.:45:33.

initiative designed to reduce energy bills and improve installathon, so

:45:34.:45:39.

the Government scrapped it `nd replaced it with the energy company

:45:40.:45:43.

obligation. Little more than a hidden Tory tax on all constmers

:45:44.:45:52.

irrespective of their incomds. In Northern Ireland we have a fuel

:45:53.:45:58.

poverty at levels of 35% plts, the highest in Britain and Northern

:45:59.:46:05.

Ireland. Does he agree that what we need is a policy and a strategy in

:46:06.:46:10.

place for all new bills to lake sure they are efficient. That thdre is a

:46:11.:46:16.

coordinated plan that every council will try to make those constmers

:46:17.:46:24.

more efficient as well. I agree We need a plan that is much wider and

:46:25.:46:30.

reaches a lot more homes and that certainly focuses on new buhlds I

:46:31.:46:35.

agree with the honourable gdntleman on that, but I guess I would say the

:46:36.:46:40.

problem is so successful is the direction of current governlent

:46:41.:46:46.

policy that by 2017, about 200, 00 homes as opposed to 1.3 million will

:46:47.:46:51.

be eligible for some assist`nce with energy efficiency measures `nd the

:46:52.:46:58.

total level of investment in energy efficiency will have halved.

:46:59.:47:02.

Essentially we have ended up with a policy where only those who qualify

:47:03.:47:07.

as fuel poor can get any help to invest in energy efficiency

:47:08.:47:12.

measures, that is no doubt part of the explanation for why the

:47:13.:47:15.

committee on climate change recently claimed that cutting carbon

:47:16.:47:19.

emissions from the home was now a policy in reverse. Matthew Bell the

:47:20.:47:26.

Chief Executive, has made clear the best way to reduce consumer bills

:47:27.:47:31.

and tackle climate change is to make sure more homes are properlx

:47:32.:47:34.

insulated but this Government has managed to ensure that the rate of

:47:35.:47:39.

home insulation has fallen by 9 % and a recent estimate shows that

:47:40.:47:44.

over the course of the last Parliament and the present one, the

:47:45.:47:48.

number of households receivhng help will decline by a staggering 76 and

:47:49.:47:54.

the Government has scrapped ideas for new homes to be zero carbon

:47:55.:48:00.

thus as the chair of the colmittee pointed out, insuring we store up

:48:01.:48:05.

additional retrofit costs for the future. In terms of energy savings,

:48:06.:48:12.

new technology and our growth in Green energy jobs, this Govdrnment's

:48:13.:48:16.

achievement has been not to be the greenest ever but the biggest

:48:17.:48:22.

failure ever. We need a set of government policy, an environment

:48:23.:48:25.

where businesses and consumdrs can plan ahead. We need a fair `nd

:48:26.:48:30.

simple plan that incentivisds households and the rented sdnt to --

:48:31.:48:38.

sector to invest. We would be helped by a signal in government that they

:48:39.:48:44.

intend to support the leasehold reform energy efficiency bill. Alas

:48:45.:48:49.

we have a government bereft of practical policies to meet lore than

:48:50.:48:53.

half of the emission reducthons required by 2030 and many of the

:48:54.:48:58.

existing EU linked initiatives are now in doubt because of the botched

:48:59.:49:03.

referendum. The abandonment of carbon capture and storage

:49:04.:49:07.

initiative is the latest in a series of U-turns by a government that is

:49:08.:49:11.

without direction and any coherent energy policy. Here we are, yet

:49:12.:49:21.

another estimate stay debatd where the one thing that does not get

:49:22.:49:26.

discussed are the estimates but the motion in front of us today does

:49:27.:49:30.

authorise a reduction in thd expenditure for the Departmdnt of

:49:31.:49:37.

energy to the chewing of 2 billion as outlined in all pages of the

:49:38.:49:53.

report. The context of this on investors and consumers as

:49:54.:49:57.

investigated by the select committee, effectively chaired by my

:49:58.:50:06.

honourable friend and he is only one of two F M E who have things to say

:50:07.:50:16.

about the estimates process. There are very interesting things included

:50:17.:50:21.

in this booklet. One suggests a cart to the department's budget for

:50:22.:50:28.

managing the UK's energy safely One page lists the EU government grants

:50:29.:50:32.

received which is not a lind that will it be appearing much more

:50:33.:50:36.

often, something the energy minister will be happy about. Interestingly

:50:37.:50:46.

absent this evening. But 78$ of my constituents who voted to rdmain

:50:47.:50:52.

will beg to differ. Nowhere in this booklet are the implications of the

:50:53.:50:55.

Barnett consequential is and we were repeatedly told that estimates days

:50:56.:51:02.

were our opportunities to h`ve our say on the consequential spdnding.

:51:03.:51:13.

The estimates process is colpletely irrelevant to Barnett alloc`tions

:51:14.:51:18.

and that has been proven ovdr the two debates taking place. It is

:51:19.:51:24.

cleared they are not very useful in scrutinising the detail of

:51:25.:51:27.

government policy either, bdcause despite the fact we have three

:51:28.:51:33.

reports, my honourable friend has outlined how inadequate the

:51:34.:51:36.

Government's response to those papers has been so even thotgh this

:51:37.:51:41.

is a chance for committees to have the reports discussed, the reality

:51:42.:51:45.

is time is compressed and at best there are 30 plus select colmittees,

:51:46.:51:50.

three estimates days, so thdre is a one ten chance of getting a report

:51:51.:52:04.

to the House. I think many of the policy points have already been

:52:05.:52:08.

talked about, the importancd of energy efficiency both for cutting

:52:09.:52:14.

climate change emissions and for improving well-being and reducing

:52:15.:52:18.

fuel poverty and I did decl`re an interest because on Friday H had a

:52:19.:52:25.

smart meters installed in mx home. I look forward to seeing how that

:52:26.:52:31.

affects my energy efficiencx. Investor confidence is also hugely

:52:32.:52:34.

important and the greatest threat to that has been the Brexit vote so it

:52:35.:52:41.

is disappointing the energy minister is not here given that she was in

:52:42.:52:49.

favour of a lever vote. As hs often the case, the Scottish Government is

:52:50.:52:53.

who we should look to for the best lessons. Renewable energy, over 40%

:52:54.:53:05.

in Scotland. It has helped ts reach our world leading climate change

:53:06.:53:08.

targets and the Scottish Government has committed to 103 million to

:53:09.:53:15.

improve warm homes and reduce fuel poverty. Three inadequacy is in the

:53:16.:53:19.

very short time I have had to hide it. An inadequate procedure for

:53:20.:53:25.

examining government supply and expenditure. When we do abld to

:53:26.:53:29.

scrutinise government policx we find it is also inadequate and then the

:53:30.:53:34.

powers that the Scottish Government has also inadequate to the task at

:53:35.:53:38.

its hand. There is a need to devolve energy policy and so many areas to

:53:39.:53:42.

the Scottish goblet. The second order of business today takds place

:53:43.:53:47.

with no debate at 10pm this House will be asked to authorise

:53:48.:54:00.

government expenditure... It is a system in need of reform and perhaps

:54:01.:54:05.

that will come of this Housd controls the purse strings of

:54:06.:54:06.

Scotland. I welcome the fact that we `re

:54:07.:54:19.

debating these important colmittee reports, but as my honourable friend

:54:20.:54:23.

from Glasgow North has ably demonstrated, it is just a pity we

:54:24.:54:29.

are debating it tonight, whdn what we should be discussing is how we

:54:30.:54:34.

spend all the money the Govdrnment spends. It is a whopping figure

:54:35.:54:39.

There is a danger of irony hn the fact that less than three wdeks ago,

:54:40.:54:44.

this country apparently votdd to take back control team make this

:54:45.:54:49.

Parliament sovereign once again but we can't even properly debate how we

:54:50.:54:53.

spend the money. The investor confidence report of the trde is the

:54:54.:54:58.

absolutely critical one. For me it explodes the myth of the so,called

:54:59.:55:05.

long-term economic plan. Thd rhetoric versus reality is borne

:55:06.:55:10.

out, very much so. One of the quotes from the investor confidencd report

:55:11.:55:14.

is merely stating that therd may be three options this Parliament does

:55:15.:55:18.

not constitute a plan, referring to contracts for difference. In

:55:19.:55:22.

fairness to the absence of ` plan around about Brexit, this looks like

:55:23.:55:27.

a detailed masterplan, but hn reality it is not. All joking aside,

:55:28.:55:31.

the report goes on to say that we heard the policy was weakenhng the

:55:32.:55:36.

case for investment in energy in the UK. That could mean the projects

:55:37.:55:43.

could be come more expensivd to deliver and bully to compensate for

:55:44.:55:46.

increased risk, or the projdcts will not go ahead. Hiatus in invdstment

:55:47.:55:54.

could undermine the UK's abhlity to deliver. In essence, that is all

:55:55.:56:04.

three sides of the energy trilemma are underlined by the decishons the

:56:05.:56:08.

Government has made. Throw hn a dose of Brexit uncertainty and there is a

:56:09.:56:12.

real requirement for the Government to provide some certainty about

:56:13.:56:17.

this, if we are going to medt the challenges, not just in terls of

:56:18.:56:21.

affordability of electricitx, reducing carbon, but also in terms

:56:22.:56:27.

of the security of supply. @ll three of these are questionable. They were

:56:28.:56:32.

questionable before the Brexit vote and the increased uncertainty of

:56:33.:56:34.

that has been magnified substantially. The discussions

:56:35.:56:42.

around about this, it is cldar from the reports that this is

:56:43.:56:47.

significantly undermined investor confidence, particularly in

:56:48.:56:50.

Scotland. The undermining of our renewables industry is damaging The

:56:51.:56:59.

discussions roundabout CCS `re hugely undermining Scottish

:57:00.:57:03.

industry. We had the potenthal in Peterhead to have both the worlds's

:57:04.:57:10.

first floating wind farm, commercially deployed, and CCS in

:57:11.:57:13.

Peterhead power station. Th`t was the chance for a relatively small

:57:14.:57:19.

part of Scotland to be right at the global cutting-edge of the carbon

:57:20.:57:25.

reduction and climate changd technological advances.

:57:26.:57:27.

Unfortunately, one part of that is not going ahead, and that is

:57:28.:57:31.

substantially regrettable. H think we have also heard the disctssions

:57:32.:57:37.

around the fixation on one side of the Levy Control Framework hn a

:57:38.:57:43.

regrettable way. The fact that there is an opaqueness roundabout the Levy

:57:44.:57:47.

Control Framework, I would `dd the call to that of the committde that

:57:48.:57:51.

we need to see the details working behind this. We also need an

:57:52.:57:55.

understanding from Government that if the investments in low c`rbon

:57:56.:58:01.

technology drive down the price therefore increasing the notional

:58:02.:58:05.

overspent on the Levy Control Framework, that doesn't acttally

:58:06.:58:09.

lead to greater costs necessarily for the consumer. If you ard

:58:10.:58:15.

undermining the investment of the low-carbon industries based on a

:58:16.:58:17.

desire to protect the consuler, which would be a reasonable position

:58:18.:58:23.

to start from, not necessarhly what I would agree with wholeheartedly,

:58:24.:58:29.

but you would need to look `t what we are doing in the round. @nd if

:58:30.:58:39.

the reports say that half ?0 billion is to be increased in the Ldvy

:58:40.:58:43.

Control Framework from the fall in the wholesale price of convdntional

:58:44.:58:47.

electricity, that is not an additional cost to the constmer and

:58:48.:58:52.

it is certainly not a reason to cut the support, cut the investlent the

:58:53.:58:56.

long-term investment, the investment in the future and renewable energy

:58:57.:59:01.

will bring. I also note that there is huge uncertainty around `bout how

:59:02.:59:10.

we deal with our European ndighbours following the vote two weeks ago.

:59:11.:59:15.

The Secretary of State in hdr reset speech discussed at length the

:59:16.:59:20.

benefits of energy union and how that needs to be worked upon. We

:59:21.:59:24.

have no idea if that will c`rry on, no idea if we will be part of the

:59:25.:59:31.

emissions trading scheme. The honourable gentleman raises a good

:59:32.:59:36.

point. I think it would be tseful if we could outline the three `reas

:59:37.:59:45.

that will be most useful. If the UK goes for the third country option,

:59:46.:59:50.

we would have to leave the `nd then how however many years before we had

:59:51.:00:01.

a deal -- EU. I think I would go further than the say it would be

:00:02.:00:07.

useful. I think it is absolttely essential and irresponsible

:00:08.:00:10.

Government must deal with it. These are contingency plans any more, they

:00:11.:00:15.

are the plans. We need some sense of certainty around what is gohng on.

:00:16.:00:21.

The reports from the committee ably demonstrated the uncertaintx of

:00:22.:00:27.

building additional cost. When we have two replace a signific`nt

:00:28.:00:29.

proportion of Arabella show city capacity in the next decade so, if

:00:30.:00:36.

that cost will be greater, these are things that need to be addrdssed --

:00:37.:00:44.

electricity. It would be unfair to expect the Secretary of State to

:00:45.:00:47.

come out with a detailed pl`n now, but we need to know that her

:00:48.:00:52.

department will undertake the necessary work to deliver some form

:00:53.:00:55.

of uncertainty, otherwise wd will be in a real pickle very soon. The

:00:56.:01:03.

honourable member talked about how he was delighted, and the only

:01:04.:01:09.

signal we needed to give to the markets was the welcome announcement

:01:10.:01:12.

that the Government was going to accept the targets of the fhfth

:01:13.:01:16.

carbon budget. I do share hhs enthusiasm that the Governmdnt has

:01:17.:01:21.

done that, albeit somewhat later than was expected, but I thhnk, and

:01:22.:01:27.

as the climate change committee itself has suggested, you nded a

:01:28.:01:30.

little bit more in terms of the Halle well as well as the what.

:01:31.:01:33.

Again, I would hope that thd Government will deliver a lhttle bit

:01:34.:01:41.

and soon on the how we are going to do this. These are fundamental

:01:42.:01:44.

questions that cannot go un`nswered. To conclude, this is a Government

:01:45.:01:54.

that has created uncertaintx in this particular field. That uncertainty

:01:55.:02:02.

has been magnified and it rdally stresses the fundamentally hmportant

:02:03.:02:05.

case for a long-term plan that has cross-party by an, and that will not

:02:06.:02:14.

be subject to the whims and changes of Government. I think the lodel we

:02:15.:02:18.

have in terms of the climatd change legislation and how we work

:02:19.:02:22.

elaborate of the across parties and parliaments and assemblies hs

:02:23.:02:26.

something that needs to be done There is an opportunity through the

:02:27.:02:32.

National infrastructure comlittee to provide a model for that. Btt it is

:02:33.:02:37.

absolutely fundamental, not just in terms of the uncertainty thd

:02:38.:02:40.

Government has created, but the uncertainty of the Brexit vote. We

:02:41.:02:48.

need a plan, stick to it and deliver it. I thank the honourable lembers

:02:49.:02:54.

and his committee for initi`ting the debate, for giving B has thd

:02:55.:02:59.

opportunity to consider the direction of Government energy and

:03:00.:03:03.

climate policy and for their excellent reports. Like him, but I

:03:04.:03:07.

suspect Ama Agbeze Secretarx of State, I look forward to thd

:03:08.:03:12.

publication of the National audit inquiry, on whether the Govdrnment

:03:13.:03:18.

will have to pay compensation to developers -- unlike the Secretary

:03:19.:03:22.

of State. This could result in a multi-million pound bill and I hope

:03:23.:03:26.

we will acknowledge that thhs could be an extremely expensive ddcision

:03:27.:03:31.

indeed. One might be forgivdn for imagining that Dec were recdiving

:03:32.:03:42.

instruction from the very l`st minute before finally applyhng the

:03:43.:03:49.

night to CCS. It is no wonddr that the honourable member from

:03:50.:03:53.

Warrington South regretted the decline of the CCS projects, I think

:03:54.:03:57.

was quite right, and he also spoke powerfully about the green deal

:03:58.:04:01.

saying that its demise was nothing short disaster. The honourable

:04:02.:04:08.

member from Beverley quite rightly praised the Government for `greeing

:04:09.:04:12.

with the committee on climate change for the fifth climate budget. I

:04:13.:04:18.

agree, I just wish they had actually said it by the statutory lilit in

:04:19.:04:24.

accordance with the 2008 act, because of course it had to be set

:04:25.:04:29.

and voted on by affirmative resolution in this House by the 30th

:04:30.:04:34.

of June. That did not take place and I hope that the Secretary of State

:04:35.:04:37.

may in fact clarify to the house this evening at what the legal

:04:38.:04:41.

status now is. It is one thhng to say that you accept the comlittee on

:04:42.:04:47.

climate change's recommendation but it is not good enough. The climate

:04:48.:04:50.

change act is very clear on that point. It has to be set, and so far

:04:51.:04:59.

it has not been. The judgment of the right honourable lady for edits was

:05:00.:05:09.

impeccable. She spoke at length but it was a great speech. She told

:05:10.:05:13.

about the investor communitx being startled, but she did it in a way

:05:14.:05:19.

that didn't scare the horses, that didn't allow her to be open to that

:05:20.:05:23.

accusation of talking Britahn down, but it was a very fine speech

:05:24.:05:31.

indeed. Despite his sore throat my honourable friend spoke verx

:05:32.:05:34.

powerfully about the need to bring forward the UK carbon plan. He is

:05:35.:05:39.

absolutely right. It goes to the point that the other honour`ble

:05:40.:05:45.

member was making. And indedd the honourable member speaking for the

:05:46.:05:48.

SNP. It is great to have thd ambition of the fifth carbon budget,

:05:49.:05:53.

but yet again we look back to 2 11, when the fourth carbon budgdt was

:05:54.:05:57.

set, and we know that this statutory obligation is to bring forw`rd as

:05:58.:06:05.

soon as reasonably practical, a plan to show how it will be achidved We

:06:06.:06:08.

are still waiting for that five years later, so I think it was a

:06:09.:06:16.

very fair point to say that this should be brought forward from the

:06:17.:06:21.

end of the year and ruled ott immediately, to give investors

:06:22.:06:30.

confidence. My honourable friend for Southampton speaks with such

:06:31.:06:33.

knowledge and authority on these matters. He made a very powdrful

:06:34.:06:44.

point about the LCF after 2020, and I hope the Secretary of State will

:06:45.:06:48.

make some remarks on that. Hn their latest report by the committee on

:06:49.:06:54.

climate change meeting carbon budgets published last Thursday

:06:55.:06:57.

they showed that there is a need for urgent action to strengthen

:06:58.:07:01.

policies, without which progress on emissions will not continue. We are

:07:02.:07:10.

in a post-Brexit situation, where investor confidence has been lost

:07:11.:07:16.

through the heightened uncertainty, creating a crisis in investlent and

:07:17.:07:19.

in turn that this creates the crisis in costs, as greater uncert`inty

:07:20.:07:27.

result in higher costs of c`pital. The national grid have issudd a

:07:28.:07:31.

warning that energy bills whll rise and energy security would bd put at

:07:32.:07:36.

risk, if the UK is excluded from Europe's internal energy market

:07:37.:07:43.

There was warning of the potential impacts resulting from excltsion

:07:44.:07:49.

from this could be up to ?500 million per year by the early 2

:07:50.:07:55.

20s. Given her a clear view on this and bearing in mind that thd

:07:56.:07:59.

Chancellor has been forced to announce that his surplus t`rget has

:08:00.:08:03.

been dispensed with and we will no longer be able to balance the books

:08:04.:08:08.

by 2020, and that growth has been downgraded, we must ask the

:08:09.:08:13.

Secretary of State, with wh`t certainty she is asking us to

:08:14.:08:18.

consider the estimates for her department this evening. Her Cabinet

:08:19.:08:22.

colleagues have been very clear To meet the deficit, you can ehther

:08:23.:08:27.

raise taxes or you can cut departmental spending, or you can

:08:28.:08:33.

borrow. Which is it going to be For goodness sake, the Government is in

:08:34.:08:37.

the midst of a financial crhsis The Chancellor refuses to tell ts how he

:08:38.:08:40.

will get out of it. He says it will be up to a future Chancellor to

:08:41.:08:45.

decide, because he knows th`t in a few short weeks he will not be the

:08:46.:08:50.

occupant of number 11. It is a decision he will not have to make.

:08:51.:08:54.

Here we have the Secretary of State asking us to approve estimates which

:08:55.:08:57.

have about as much chance of remaining solid as an ice ctbe in a

:08:58.:09:04.

Jamie Oliver stir-fry. This estimates motion today is not

:09:05.:09:07.

responsible financial managdment, it is Government by magic wand. Think

:09:08.:09:11.

of a number, close your eyes and make a wish. I ask the Secrdtary of

:09:12.:09:17.

State to give a clear answer to the level of confidence that shd has

:09:18.:09:21.

that these estimates will rdflect and be reflected in the outcomes at

:09:22.:09:26.

year end. When ministers ard insisting that Britain is open for

:09:27.:09:29.

business, energy companies have halted major investments in the UK.

:09:30.:09:35.

The Secretary of State for Business, Innovation and Skills that she is

:09:36.:09:37.

certain that business will continue to blow, yet there has been puzzling

:09:38.:09:45.

in business in Hull, and a future British Hinckley point C nuclear

:09:46.:09:50.

project is extremely unlikely. This is the Government's own advisor

:09:51.:10:09.

telling it as it is. Bloombdrg new energy Finance have warned since the

:10:10.:10:13.

referendum that the uncertahnty caused by the result and ovdr the

:10:14.:10:19.

upcoming negotiations are lhkely to cause investors to hesitate about

:10:20.:10:23.

committing new capital and could cause a drop in renewable energy

:10:24.:10:32.

asset values. A group representing over 30 trillion of assets says the

:10:33.:10:40.

aftermath of the vote brings considerable uncertainty and market

:10:41.:10:44.

turmoil. These are deeply worrying times but the Government do not seem

:10:45.:10:49.

to recognise the urgency of quashing this uncertainty and instabhlity, so

:10:50.:10:53.

I would ask the Secretary of State to clarify - will how Department

:10:54.:10:58.

push for access to the internal energy market as a priority and how

:10:59.:11:03.

the Government will gain support from EU states to support this? What

:11:04.:11:14.

calculations are estimates have been made that will be demanded by

:11:15.:11:20.

investors to cover the costs of political uncertainty? How luch will

:11:21.:11:25.

this add to the costs of buhlding new electricity generating capacity?

:11:26.:11:29.

It is imperative the UK provides a clear direction of travel on

:11:30.:11:35.

domestic policy. Why did thd honourable lady failed to uphold her

:11:36.:11:40.

obligation under the climatd change act and not take steps to ensure the

:11:41.:11:45.

order was set by the 30th of June? I would point out that the European

:11:46.:11:51.

investment bank is the biggdst clean energy lender having investdd 3 .3

:11:52.:11:56.

billion euros over the past five years. Will this funding sthll be

:11:57.:11:59.

available for projects in progress or agreed? What funding sources have

:12:00.:12:08.

been identified to replace the opportunities we will lose to power

:12:09.:12:14.

the future? Have the Governlent discuss the future of Hinckley with

:12:15.:12:18.

EDF and board the French government as a result of the vote? Thd

:12:19.:12:25.

Government estimated in 2014 that by 2020 the annual net savings for the

:12:26.:12:31.

European energy standards eco-design would be in excess of 850 mhllion.

:12:32.:12:37.

Will those savings be compared, compromised by the process of

:12:38.:12:42.

leaving the EU? These are the questions the honourable lady must

:12:43.:12:46.

begin to answer. As the restlt was causing political and econolic

:12:47.:12:51.

chaos, the final results of the enquiry into why customers `re being

:12:52.:12:56.

overcharged by nearly 2 million ?2 billion a year for their endrgy were

:12:57.:13:01.

quietly released. The recommendations are nothing to shout

:13:02.:13:04.

about as they will not deliver the promise from four years ago to put

:13:05.:13:09.

all households on the cheapdr tariff, but how will be Dep`rtment

:13:10.:13:13.

introduce more transparency and provide support to make it dasier

:13:14.:13:17.

for customers to switch putting an end to the big six milking royal

:13:18.:13:23.

constables to maintain profhts? Hundreds of thousands of falilies

:13:24.:13:31.

cannot afford their energy bills. This contributed last winter to

:13:32.:13:39.

43,000 excess winter deaths in 0 14 - 2015 yet ministers are letting

:13:40.:13:47.

companies of the hook. Finally, will be Secretary of State ensurdd that

:13:48.:13:51.

the UK ratifies the Paris agreement before this Prime Minister leaves

:13:52.:14:01.

office? Can I start by welcome the member to his seat. I am gr`teful to

:14:02.:14:06.

date to all members for thehr contributions and to the ch`irman of

:14:07.:14:11.

the energy and climate change select committee and for his leadership in

:14:12.:14:16.

the select committee. The Government welcomes the committee's interest in

:14:17.:14:21.

gaining investor confidence, household energy efficiency and

:14:22.:14:25.

demand reduction as well as the future of carbon capture and

:14:26.:14:29.

storage. All of these remain high priorities for us and we have a

:14:30.:14:33.

strong track record in all three areas which I will set out. First of

:14:34.:14:38.

all, giving clear signals for investment in energy is essdntial.

:14:39.:14:45.

We gave that when we became the first country to set our pl`ns to

:14:46.:14:50.

close unabated coal power stations by 2025. We announced a package of

:14:51.:14:56.

reforms to the capacity market that was welcomed by stakeholders and the

:14:57.:15:00.

member for Southampton spokd with his knowledge on the capacity market

:15:01.:15:07.

and I would point out that the capacity market is technology

:15:08.:15:10.

neutral and is focused on sdcurity of supply while the LVF has a

:15:11.:15:16.

different focus which is on low carbon electricity and I will be

:15:17.:15:21.

setting out more on the futtre of the LCF in the Autumn Statelent The

:15:22.:15:27.

capacity market changes havd sent a clear signal to investors that will

:15:28.:15:32.

encourage the energy sources to com forward as part of our long,term

:15:33.:15:38.

plan to build a system of energy infrastructure needed for the

:15:39.:15:42.

21st-century. Will support new offshore wind projects with three

:15:43.:15:46.

auctions this parliament if costs come down. In March it was `nnounced

:15:47.:15:50.

the world's largest offshord wind farm will be built of the Yorkshire

:15:51.:15:54.

coast and this will bring jobs and growth to the local community was

:15:55.:15:58.

powering 1 million homes. Wd are boosting funding including ?250 for

:15:59.:16:05.

nuclear innovation and small modular reactors but the theme that came

:16:06.:16:10.

through again and again durhng this afternoon's debate was about the

:16:11.:16:14.

fifth carbon budget which I'm sure the chairman of the select committee

:16:15.:16:20.

intended to welcome. I was pleased to hear the enthusiasm from the

:16:21.:16:26.

member from Beverley saying what good news, positive news and what a

:16:27.:16:30.

clear and important investmdnt signal it is in terms of thd private

:16:31.:16:34.

sector knowing that the Govdrnment is committed to that and will be

:16:35.:16:39.

legally bound by it. I am grateful for the member's comments on the

:16:40.:16:43.

private sector and she spokd about the need for investment to help

:16:44.:16:48.

deliver on these targets, btt it is encouraging that when we made the

:16:49.:16:53.

announcement it was so widely welcomed by the investment community

:16:54.:16:57.

and we are consumed to look at other impacts. On home energy, endrgy

:16:58.:17:03.

efficiency is is rightly sedn by many as an excellent means to not

:17:04.:17:08.

one but several ends. It contributes to reducing bills but also to

:17:09.:17:12.

reducing carbon emissions and improving the security of otr energy

:17:13.:17:17.

supplies. Our manifesto set out how we will help a further 1 million

:17:18.:17:21.

homes as part of our commitlent to address fuel poverty. The mdmber for

:17:22.:17:28.

Birmingham gave us a canter through previous home energy efficidncy

:17:29.:17:31.

measures and I hope my commdnts will reassure him about our commhtment to

:17:32.:17:35.

deliver on those 1 million homes. I would like to thank the member for

:17:36.:17:40.

Glasgow North for his comments and hope his energy usage will be

:17:41.:17:45.

reduced by his new smart meter and we are delighted the Governlent

:17:46.:17:48.

programme is on target so that everybody will be offered the

:17:49.:17:57.

advantage he has by 2020. Jtst before the debate finishes, on a

:17:58.:18:05.

point of order it was said by the Shadow Secretary of State that

:18:06.:18:10.

investment in Hull by Siemens was on hold and it is not and he would like

:18:11.:18:16.

to make that clear because ht is very important in our local area. It

:18:17.:18:22.

is continuing. That is an intervention and a point of order. I

:18:23.:18:29.

am grateful for the opportunity to create any misunderstanding that the

:18:30.:18:32.

member may have put out there which is we have also been told clearly by

:18:33.:18:37.

Siemens that the investment in Hull and jobs that go with that hs

:18:38.:18:44.

secure. That is a reassuring... I give way. I do think it is

:18:45.:18:52.

incredibly important becausd the Chief Executive has said th`t future

:18:53.:18:57.

investment is on hold and it was about exports and that is an

:18:58.:19:01.

important point in terms of developing and growing thosd jobs.

:19:02.:19:07.

Let us just all agreed that for that area, there is no change to the

:19:08.:19:11.

exciting development taking place there and the jobs opportunhties. If

:19:12.:19:16.

I move on if I made to carbon capture and storage. CCS is a

:19:17.:19:25.

potentially important role hn the long-term decarbonisation of the

:19:26.:19:30.

UK's economy, however it is currently too expensive and costs

:19:31.:19:36.

must come down. We know well CCS projects are happening glob`lly

:19:37.:19:40.

more in addition is needed to reduce Coes. We are committed to bring

:19:41.:19:45.

forward ideas to reducing costs investing in research and

:19:46.:19:50.

development and why we are continuing to work with othdrs to

:19:51.:19:53.

progress the technology collaboratively. In parallel, we

:19:54.:20:05.

continue to provide support to the advisory group whose findings and

:20:06.:20:08.

recommendations will inform our thinking in the way forward for CCS.

:20:09.:20:16.

To both I would save the door is not closed and we recognise the

:20:17.:20:19.

importance of it will have `nd to the member for Warrington South I

:20:20.:20:25.

would urge him to look also for the signs of progress not perhaps almost

:20:26.:20:31.

two point out the negative side of other countries. He will welcome the

:20:32.:20:34.

French have announced they carbon price floor. There will be

:20:35.:20:39.

improvement from other countries. Several members have asked `bout the

:20:40.:20:43.

impact about leaving the European Union, what it will have on our

:20:44.:20:49.

energy policy and we heard particularly on this. Also from the

:20:50.:20:54.

member from Brent North who raised several points relating to Brexit

:20:55.:20:57.

and we must face up to the fact that this will make some of our targets

:20:58.:21:03.

more difficult. I do not have the answers to what our future

:21:04.:21:06.

relationship will be with the EU on vital elements like the DTS, energy

:21:07.:21:11.

union, these are going to m`ke some of the challenges we face more

:21:12.:21:16.

difficult, but I will say f`irly and squarely that we are in dialogue and

:21:17.:21:21.

conversation with all the txpical large investors and large ctstomers

:21:22.:21:26.

who supporting our investment in energy and they are working with us

:21:27.:21:31.

to ensure there is no major change in the area, specifically on Hinkley

:21:32.:21:36.

Point, I have spoken to EDF and we have had conversations with the

:21:37.:21:39.

French government and we ard told there is no change. I would like to

:21:40.:21:47.

reassure all members in this House that we remain committed to

:21:48.:21:51.

delivering the essential cldan, secure, affordable energy. Ht may be

:21:52.:21:56.

that this task has become a little bit more difficult but what remains

:21:57.:22:01.

unchanged is our determinathon to do that, always thinking of thd

:22:02.:22:12.

consumer first. I thought I wasn't going to get in a tall. What I would

:22:13.:22:19.

like to have heard from the Secretary of State would have been

:22:20.:22:24.

some timing on the CCS becatse there are many in the industry who come to

:22:25.:22:30.

me concerned that while the Secretary of State has warm words

:22:31.:22:34.

about the future of it, there are no timelines. She is sincere in what

:22:35.:22:40.

she says about making sure that she is committed but what that leans for

:22:41.:22:44.

the industry is something else entirely. Furthermore, I thhnk I

:22:45.:22:51.

would like to again saved to the Minister that perhaps when the

:22:52.:22:55.

capacity market comes up, she has a response. The debate has bedn useful

:22:56.:23:04.

to have this and I do take the point from my colleague that the dstimates

:23:05.:23:09.

is more than energy and perhaps justice, but to myself and ly

:23:10.:23:12.

distant cousin the chair of the Justice committee,

:23:13.:23:23.

I thank you for the opportunity of having this debate today and I look

:23:24.:23:30.

forward to some change is coming from it due to this, especi`lly

:23:31.:23:35.

given I have this minute quhte unexpectedly after we agreed earlier

:23:36.:23:40.

I would not. It is fantastic to have the opportunity to speak and I

:23:41.:23:50.

turned the House and perhaps we have reached the point where I should

:23:51.:23:57.

wind up my words and pass over to you, Madam Deputy Speaker. H can't

:23:58.:24:01.

imagine... I hear the booing. You want me to carry on. Thank xou and

:24:02.:24:07.

thank you for the opportunity for the debate. It is appreciatdd by me

:24:08.:24:13.

and the committee and those in the energy community who will bd paying

:24:14.:24:16.

great attention to the words are here in this chamber tonight.

:24:17.:24:21.

I thank him very much for continuing until ten o'clock. I am now required

:24:22.:24:31.

to put the questions necess`ry to dispose of proceedings on the

:24:32.:24:35.

estimate is set down for consideration this day. The question

:24:36.:24:38.

is the motion on the order paper of expenditure by the Minister of

:24:39.:24:43.

Justice, which has already been made. On the contrary say no, and

:24:44.:24:49.

ayes. Clear division. The question is the motion on the

:24:50.:25:55.

order paper related to the expenditure by the Minister of

:25:56.:25:59.

Justice. Of the opinions thdy ayes, on the contrary say no.

:26:00.:32:52.

Orator! -- order! The ayes to the right, 262, the noes to the left,

:32:53.:37:10.

127. The ayes to the right, 206 to two, the noes to be left, 127. The

:37:11.:37:16.

ayes Cavett, unlock. The qudstion is the motion paper on the orddr

:37:17.:37:21.

relating to energy and clim`te change. Of that opinion, sax aye.

:37:22.:37:31.

The ayes have aired. Third dstimates motion, minister to move formally.

:37:32.:37:37.

The question is on the order paper, as many of that opinion say aye The

:37:38.:37:47.

ayes have aired. Bill order to be brought in relating to estilates

:37:48.:37:55.

2017. You will be prepared to bring in the bill? The chairman of ways

:37:56.:38:02.

and Means, the Chancellor of the Exchequer, Damien hands and myself.

:38:03.:38:29.

Supplied appropriation main estimates bill. Second readhng what

:38:30.:38:41.

day? Tomorrow. We now come to motion number three relating to thd

:38:42.:38:45.

Environmental Audit committde Bill. The question is, as many of the

:38:46.:38:52.

opinion say aye, on the contrary note. The ayes have it. This House

:38:53.:39:01.

do now adjourned. Madam Deputy Speaker, I thank you

:39:02.:39:16.

for allowing me to speak in this adjournment debate. This ye`r marks

:39:17.:39:22.

the Tercentenary of the forlation of my regiment, the Royal Regilent of

:39:23.:39:30.

Artillery. Also the 90th birthday of our captain Jan will Her Majesty The

:39:31.:39:37.

Queen. It is also the centenary of a formation of the Corps of Royal

:39:38.:39:43.

Engineers, a call of whom gtnners have had a long held sibling

:39:44.:39:48.

rivalry. We share much with the Royal Engineers, our motto hs, our

:39:49.:39:53.

patron saint, even the red `nd blue of our rugby kits and ties `nd this

:39:54.:40:00.

evening I am pleased to say that a gunner and a supper will also share

:40:01.:40:08.

this debate. As my honourable friend is no doubt more knowledgeable than

:40:09.:40:12.

I am on the history of his call I hope you will forgive me if I focus

:40:13.:40:19.

mainly on my own regiment and allow him the opportunity to fill in any

:40:20.:40:23.

details about the history of the Royal Engineers that I might miss.

:40:24.:40:30.

The use of Artillery predatds Roman times when the slings, catapults,

:40:31.:40:39.

sisters, etc were used to project missiles at times of war. Rdcords

:40:40.:40:44.

indicate that Edward the thhrd may have used a Canon against the Scots

:40:45.:40:52.

in 1327 but there is no doubt that he used five permitted guns against

:40:53.:41:00.

the French at the Battle of Chrissy in 1346. Taking potshots at the

:41:01.:41:06.

Scots and French, what a wax to start a career! At those tiles the

:41:07.:41:14.

guns were fired from a forthfied gun pit dug by Sappers and gunndrs. I

:41:15.:41:27.

bet they stated each other back then just as literacy as their modern

:41:28.:41:34.

counterparts do today -- vigorously. It was on the 26th of May 1716 that

:41:35.:41:42.

the first two permanent cos of Royal Artillery were formed by Roxal

:41:43.:41:49.

warrant in the reign of George the first. Those two companies numbered

:41:50.:41:56.

100 men each and were headqtartered in quarter place. The King's Troop,

:41:57.:42:02.

the Royal Horse Artillery are still quartered in Woolwich, maintaining a

:42:03.:42:08.

300 year unbroken connection with that part of south-east London. The

:42:09.:42:15.

Royal Artillery 's numbers rose to four companies in 1722 when it

:42:16.:42:21.

merged with two independent Artillery companies based in Minorca

:42:22.:42:28.

and Gibraltar, once again establishing a very long history

:42:29.:42:32.

with those islands. The new unit formed in 1722 was renamed the Royal

:42:33.:42:40.

Regiment of Artillery. A military academy was established at Woolwich

:42:41.:42:47.

in 1720, providing training for Artillery and engineer officers

:42:48.:42:53.

Initially it was a gathering of gentlemen cadets, learning `nd I

:42:54.:43:03.

quote, gunnery, fortification, mathematics and a little Frdnch It

:43:04.:43:08.

produced and I quote, good offices of Artillery and perfect engineers.

:43:09.:43:17.

Perfect engineers? They might think they are perfect. I am as ydt to be

:43:18.:43:26.

convinced. My honourable frhend does indicate he is the perfect dxample

:43:27.:43:29.

of a perfect engineer. The Royal Horse Artillery were formed in 793

:43:30.:43:38.

and officers of other branches of Artillery have had to keep `n eye

:43:39.:43:41.

out for their sisters and girlfriends ever since. Arthllery

:43:42.:43:49.

technology advanced throughout the 18th and 19th centuries improving

:43:50.:43:56.

accuracy, range, mobility, reliability and lethality. This

:43:57.:44:03.

tradition of of innovation hs still alive and well today with the

:44:04.:44:08.

gunners at the cutting edge of surveillance, drone technology,

:44:09.:44:11.

communication technology and precision munitions. Madam Deputy

:44:12.:44:18.

Speaker, it was during the Napoleonic wars that British gunnery

:44:19.:44:23.

really came into its own and many of the gunner officers of the dra are

:44:24.:44:29.

still famous in the Regiment today. And such names are well-known, names

:44:30.:44:37.

such as Ramsay, Lawson, master and of course Napoleon himself. Napoleon

:44:38.:44:47.

had the great advantage in life of being a gunner. But the gre`t

:44:48.:44:51.

disadvantage of ultimately losing the Napoleonic wars. And behng

:44:52.:45:06.

French. Yet it is an incident during the often forgotten conflict between

:45:07.:45:13.

Great Britain and America in 18 4, a few years before our first

:45:14.:45:20.

centenary, that leads millions of Americans to seeing about mx

:45:21.:45:25.

regiment everyday. It is interesting that on the 4th of July, Amdrican

:45:26.:45:31.

Independence Day, that we are reminded of that event. It hs in

:45:32.:45:37.

fact, Madam Deputy Speaker, in the first verse of the American national

:45:38.:45:42.

anthem, the Star Spangled B`nner, where they're rather the following

:45:43.:45:46.

lines and if you will forgive me, I think it is only fair that H give my

:45:47.:45:57.

best rendition of these. And the Rockets red glare, the bombs

:45:58.:46:02.

bursting in air, gave proof through the night that our flag was still

:46:03.:46:09.

there. I have been told that in order to seeing in the chamber, one

:46:10.:46:14.

requires a music and entert`inment licence but as that was neither

:46:15.:46:19.

music or entertaining, I thhnk I got away with it, but those red glare

:46:20.:46:28.

is, red rocket that provided a red glare, immortalised in the @merican

:46:29.:46:33.

national anthem word the concrete Rockets fired by the rocket troupe,

:46:34.:46:40.

the Royal Horse Artillery. H think that is pretty cool. In 1854 the

:46:41.:46:50.

Royal Artillery, until 18 54, the Royal Artillery was commanddd by a

:46:51.:46:56.

board of ordinance which me`nt that gunners had a completely separate

:46:57.:47:00.

chain of command from the gtm line itself right up to Her Majesty all

:47:01.:47:07.

right up to the monarch the time. This separate train of comm`nd led

:47:08.:47:12.

to gunners getting a reputation for being rather independent minded and

:47:13.:47:19.

that independent mindedness led to a quote, attributed to Wellington

:47:20.:47:24.

which stated as follows, I despair of my army, I truly do. The infantry

:47:25.:47:30.

do not understand my orders. The cavalry do not prove my orddrs. And

:47:31.:47:35.

the artillery make up their own borders. Unfortunately, the boy

:47:36.:47:43.

centenary of the gunners and the corps was not celebrated properly

:47:44.:47:46.

because it fell in the middle of the First World War. That conflhct saw a

:47:47.:47:52.

huge increased in Royal Arthllery numbers. It is estimated th`t

:47:53.:48:01.

800,000 men served as gunners and 40,000 gave their lives in the

:48:02.:48:05.

conflict. The Great War was often known as the gunners war. I am more

:48:06.:48:15.

than happy to give way. As having served on the Royal Artillery, this

:48:16.:48:25.

decade of centenary is, in particular we remember the Battle of

:48:26.:48:29.

the Somme and the First World War and the bravery of those men who

:48:30.:48:34.

died and gave lives, it is `lso good that this debate enables us to

:48:35.:48:40.

recognise the array of roles carried out by the Armed Forces. I thanked

:48:41.:48:49.

the honourable gentleman for his intervention and he is right and it

:48:50.:48:53.

would have been remiss had H not also mentioned that the I whsh

:48:54.:48:59.

Artillery had a significant part to play and even after the act of union

:49:00.:49:05.

when the Irish Artillery and the Royal Artillery became one, Irish

:49:06.:49:13.

soldiers had a huge role to play in our success. Following on from the

:49:14.:49:25.

member's reference to the B`ttle of the Somme, it is worth remelbering

:49:26.:49:28.

in the famous week-long barrage preceding the Battle of the Somme,

:49:29.:49:35.

gunners fired in excess of 0.7 million shells. The Second World War

:49:36.:49:41.

saw another great expansion of the Royal Artillery with over 1.2

:49:42.:49:46.

million serving as gunners hn the Second World War. More people served

:49:47.:49:51.

in the Royal Artillery than in the entire Royal Navy. Since its

:49:52.:49:57.

formation in May 1716, over 2.5 million men and women have served as

:49:58.:50:01.

gunners. Some are famous for being great military leaders. But many

:50:02.:50:14.

more are famous for other rdasons. Those great post-war comedi`ns Spike

:50:15.:50:26.

Milligan were all gunners. Five chancellors of the Exchequer have

:50:27.:50:34.

been, offices - Anthony Barber, Roy Jenkins and Selwyn Lloyd. Mx

:50:35.:50:38.

regiment also produced that great proto- Thatcherite Keith Joseph and

:50:39.:50:44.

Prime Minister Edward Heath. The gunners currently give this House

:50:45.:50:50.

five honourable members - the honourable member for Plymotth,

:50:51.:50:57.

Wiltshire, Strangford and of course myself. The gunners have also

:50:58.:51:02.

produced eight Olympic gold medallists including captain Heather

:51:03.:51:09.

standing to one rowing gold at the 2012 games. To celebrate our

:51:10.:51:15.

centenary, the captain sent gunners the long Way round. This ye`r long

:51:16.:51:23.

relay where gunners have fotght and died. It is in the shape of a

:51:24.:51:32.

Napoleonic gun battle made of titanium is representing tr`dition

:51:33.:51:36.

and modernity. The trip, rated with a parade, a march past and ` firing

:51:37.:51:43.

before our captain general. I was delighted that my honourabld friend

:51:44.:51:50.

the honourable member for Mhlton Keynes North attended that parade,

:51:51.:51:56.

completing the historic circle and representing centuries of gtnners

:51:57.:52:03.

and Sappers working side-by,side. In conclusion, I would make thd point

:52:04.:52:08.

that the gunners do not havd flags like the infantry or the cavalry.

:52:09.:52:14.

The guns of the Royal Artillery are the Regiment's collars. Thex are the

:52:15.:52:18.

tools of our trade, the batch we wear and the rallying point of

:52:19.:52:23.

battle. Whilst they are important to us, alternately, just like the Royal

:52:24.:52:27.

Engineers, our most valuabld asset is our people. Gunners have a bond.

:52:28.:52:35.

We may be the size of a call but we maintain the intimacy and

:52:36.:52:38.

camaraderie of a regiment. H am honoured to have served with such

:52:39.:52:43.

wonderful people in such a glorious regiment and I wish it well for the

:52:44.:52:52.

next 300 years. I start by congratulating my honourabld friend

:52:53.:52:58.

for securing this debate whhch has allowed this House to show hts

:52:59.:53:03.

gratitude for the significant contribution that the Royal Regiment

:53:04.:53:06.

of Artillery have made to the defence of this country over the

:53:07.:53:12.

last 300 years. I welcome this opportunity to express the

:53:13.:53:15.

Government's appreciation for their service and it is appropriate for me

:53:16.:53:20.

to respond as we both continue to serve in the reserves, he indeed

:53:21.:53:27.

gunner and I a Sappers. My father was a gunner. We have heard of the

:53:28.:53:36.

exploits of the gunners and Sappers and I would like to recap on our

:53:37.:53:45.

history. On the 26th of May, 20 6, we celebrated our 300 birthdays A

:53:46.:53:53.

Royal warrant celebrated thd Artillery and the engineers. From

:53:54.:53:59.

that point the Royal Artilldry and Corps of engineers came into being

:54:00.:54:03.

but in recognition of our common heritage, who shared the sale motto

:54:04.:54:08.

which means everywhere. It lay mean slightly different things for both

:54:09.:54:13.

regiments, but nonetheless we do share the same motto and let me

:54:14.:54:18.

address each in turn. Many things define the Royal Artillery's

:54:19.:54:22.

achievements. In original thought they were the first regiment to

:54:23.:54:26.

educate their offices and to undertake formal military exercises.

:54:27.:54:33.

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