29/02/2016

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:00:17. > :00:18.Hello, and welcome to Monday in Parliament, our look

:00:19. > :00:22.The headlines: Guidelines on what civil servants can and can't

:00:23. > :00:24.say to ministers campaigning to leave the EU cause anger

:00:25. > :00:35.This is a huge blunder, because out there, the general public will think

:00:36. > :00:40.that this decision has been petty and has been vindictive.

:00:41. > :00:42.But the government insists it's the best way to manage

:00:43. > :00:53.The civil service code and indeed in law makes it clear that it is the

:00:54. > :00:57.duty of civil servants to support the position of the day.

:00:58. > :01:02.The role of civil servants as the government approaches

:01:03. > :01:04.the in-out EU referendum was under the microscope

:01:05. > :01:08.Ministers campaigning to leave the EU have been stopped

:01:09. > :01:10.from receiving official documents relating to the vote.

:01:11. > :01:12.Eurosceptic MPs argued it put the ministers and civil servants

:01:13. > :01:16.But the minister Matthew Hancock said that under law the government

:01:17. > :01:18.had to take a side - and the civil servants had

:01:19. > :01:30.Ministers may depart from the government position

:01:31. > :01:32.in a personal capacity on the specific question

:01:33. > :01:43.On all other matters, including on other EU business,

:01:44. > :01:45.government operates as normal, and in all things, the civil

:01:46. > :01:46.servants support the government position.

:01:47. > :01:51.Guidance on how well this will work in practice was set out

:01:52. > :01:56.Other than on the specific question of the referendum,

:01:57. > :02:05.all ministers can commission and see all documents as normal.

:02:06. > :02:07.On the question of the referendum, and on this question alone,

:02:08. > :02:09.ministers who disagree with the government position

:02:10. > :02:13.naturally cannot commission policy work on the in-out question or see

:02:14. > :02:17.documents setting out details of the case to remain.

:02:18. > :02:20.There has been a question and answer briefing circulated

:02:21. > :02:23.following the letter which states that the ministers may not see any

:02:24. > :02:26.papers, and I quote, that have a bearing on the referendum

:02:27. > :02:29.question or are intended to be used in support of their position

:02:30. > :02:48.This has been described by one Minister, my right honourable friend

:02:49. > :02:57.How can such a wide ban be justified?

:02:58. > :03:01.How does my right honourable friend reconcile this with his comment

:03:02. > :03:05.on Radio 4 this morning, and I quote, the government

:03:06. > :03:07.is functioning on all questions other than the specific in-out

:03:08. > :03:10.question in an entirely normal way, and he said, there are no other

:03:11. > :03:13.roles other than those set out last Monday in a letter.

:03:14. > :03:14.What about the question and answer briefing?

:03:15. > :03:16.Of course there was functioning perfectly well.

:03:17. > :03:23.In fact, I come to this House from the meeting with the right

:03:24. > :03:25.honourable member for Witham about childcare policy,

:03:26. > :03:27.which was carried out in an entirely normal way.

:03:28. > :03:30.In fact, on Friday, I was visiting a prison with the Justice Secretary,

:03:31. > :03:32.and I think those two points demonstrate that things

:03:33. > :03:46.On the question of the civil service code, the civil service code,

:03:47. > :03:48.and indeed in the law in the Constitutional Affairs Act

:03:49. > :03:51.of 2010, makes it clear that it is the duty

:03:52. > :03:57.of civil servants to support the position of the Government

:03:58. > :04:00.of the day, and it is only because the Prime Minister

:04:01. > :04:02.is allowing ministers to remain in government whilst disagreeing

:04:03. > :04:04.with a single policy, which is the in-out position,

:04:05. > :04:08.The referendum will dictate how, in the future, the UK handles

:04:09. > :04:10.exports and imports, the world of work, the digital age,

:04:11. > :04:13.human rights, intelligence sharing, the fight against crime and how

:04:14. > :04:16.we adapt to climate change, and here we are all today discussing

:04:17. > :04:23.the guidelines to civil servants and special advisers.

:04:24. > :04:29.Mr Speaker, sadly, I am not in the strongest position

:04:30. > :04:33.to lecture the poor Minister on handling splits in his own party.

:04:34. > :04:36.My right honourable friend is hugely able, and he has shown his ability

:04:37. > :04:43.But will he take it from me, this is a huge blunder,

:04:44. > :04:46.because out there, the general public will think that this decision

:04:47. > :04:48.has been petty and has been vindictive, and moreover,

:04:49. > :04:53.they will say to our government, and this party, of which I am

:04:54. > :04:59.so proud to belong, "If we are so much stronger

:05:00. > :05:11."What is it that we are so careful to hide?"

:05:12. > :05:13.There is a serious constitutional issue here, which goes to the heart

:05:14. > :05:17.We ask ministers questions and expect answers that

:05:18. > :05:34.How can those who send us to this House of Commons have faith

:05:35. > :05:36.in the answers we get it those that we are questioning purposely

:05:37. > :05:38.have information withheld by their own civil servants?

:05:39. > :05:41.I have a huge amount of respect for the right honourable gentleman,

:05:42. > :05:44.and that is why I have come to this specific point,

:05:45. > :05:48.That is, the question that he asks, is exactly the reason

:05:49. > :05:51.for prescribing this guidance to only being about the in-out

:05:52. > :06:14.I find it hard to believe that the Cabinet, on the 29th

:06:15. > :06:17.of February, knew what it was actually doing.

:06:18. > :06:18.The elections and political parties referendum act,

:06:19. > :06:21.the central purpose of that is to achieve fairness

:06:22. > :06:24.in elections and in a referendum, and now they government has parked

:06:25. > :06:30.itself on one side of the argument, dwarfing any influence of either

:06:31. > :06:33.of the campaigns, and it also goes against the strategic objective

:06:34. > :06:35.of offering people a referendum to actually resolve this question

:06:36. > :06:38.about Britain's role in the world, one way or the other,

:06:39. > :06:41.and that question will only hold if this is seen to be fair,

:06:42. > :06:43.and all of this runs against that strategic objective.

:06:44. > :06:47.The Government's been pressed to do more to prevent hundreds of children

:06:48. > :06:50.falling into the hands of human traffickers as the Calais migrant

:06:51. > :06:51.camp known as The Jungle is demolished.

:06:52. > :06:53.Labour's Yvette Cooper said asylum applications for unaccompanied

:06:54. > :06:56.children were taking nine months in France and that 400

:06:57. > :06:57.were at "serious risk" of disappearing.

:06:58. > :07:00.But the minister told MPs in response to an urgent question

:07:01. > :07:02.that safe accommodation was on offer and refugees should claim

:07:03. > :07:06.Unaccompanied children in the camps, she said, had no where to go,

:07:07. > :07:12.yet 150 had some of their closest family in the UK.

:07:13. > :07:15.When an asylum claim is launched by a child with close family

:07:16. > :07:17.connections in the UK, both governments are committed

:07:18. > :07:23.to ensuring that such a case is prioritised.

:07:24. > :07:25.But it is vital that the child engages with the authorities

:07:26. > :07:33.This is the best way to ensure these vulnerable children receive

:07:34. > :07:35.the protection and support they need,

:07:36. > :07:38.and the quickest way to reunite them with any close family members

:07:39. > :07:42.No-one should live in the conditions we have seen in the camps

:07:43. > :07:45.The French government has made huge efforts to provide

:07:46. > :07:47.suitable, alternative accommodation for all those that need it,

:07:48. > :07:49.and has made clear that migrants in Calais

:07:50. > :07:56.in need of protection should claim asylum in France.

:07:57. > :07:58.There is a massive reality gap between what he said

:07:59. > :08:06.Save the Children born that things are extremely chaotic and this

:08:07. > :08:08.is making an appalling situation for children even worse.

:08:09. > :08:14.He knows well there is a serious risk that those children

:08:15. > :08:16.will now just disappear into the hands of traffickers

:08:17. > :08:32.Will he accept the offer from the UNHCR to help process

:08:33. > :08:36.applications and set up a fast system to reunite

:08:37. > :08:42.The Minister has the power now to stop

:08:43. > :08:45.the trafficking of hundreds of children on our doorstep.

:08:46. > :08:53.The UK is about to seek out an asylum expert to the French

:08:54. > :08:55.administration to facilitate the improvement of all stages

:08:56. > :08:57.of the process of identifying, protecting

:08:58. > :09:00.and transferring any relevant cases to the UK.

:09:01. > :09:02.The right honourable lady references this period of nine

:09:03. > :09:09.It should not take anywhere near that, and we remain

:09:10. > :09:11.behind our commitments to see that there is an efficient

:09:12. > :09:20.What we judge is a small number of cases that might have that direct

:09:21. > :09:24.The best way to protect the maximum number of

:09:25. > :09:29.vulnerable children is to minimise the number who are taking to this

:09:30. > :09:32.in squalor, in camps outside Calais, in an attempt to make a dangerous

:09:33. > :09:47.and illegal crossing into this country,

:09:48. > :09:50.and the way to do that is to maintain our very close cooperation

:09:51. > :09:54.There is no process on the ground for these

:09:55. > :09:58.There is no meaningful advice to them that the reunification rules

:09:59. > :10:05.I do urge the Minister to look again at the issue and consider

:10:06. > :10:08.what practical support can be given in the next 24 hours.

:10:09. > :10:14.Should we be welcoming rather than challenging

:10:15. > :10:17.the recent Tribunal decision in ZAT to short cut the admission of three

:10:18. > :10:34.As the right honourable lady suggests,

:10:35. > :10:39.shouldn't we be looking to walk on the other 100 or so Calais

:10:40. > :10:41.children identified by Citizens UK as having

:10:42. > :10:44.family here in the UK, so that they can be reunited

:10:45. > :10:47.The Minister seems to be implying that it is the responsibility

:10:48. > :10:49.of children to declare themselves to the relevant

:10:50. > :10:54.It is our responsibility here to make sure

:10:55. > :10:59.There will be many thousands more children

:11:00. > :11:02.in such an awful place, were it not for the fact that this

:11:03. > :11:04.government is providing such a huge amount of aid

:11:05. > :11:08.into Syria, and neighbouring countries, so that other children

:11:09. > :11:15.As the honourable member has just said, if these are British children,

:11:16. > :11:18.the test that would have to be applied to the government would be

:11:19. > :11:21.The Minister is describing today a process of colluding

:11:22. > :11:24.with the French government in a process that will

:11:25. > :11:26.push them into the hands of people traffickers.

:11:27. > :11:28.Is he really saying that we are at such a different

:11:29. > :11:31.standard to the children of refugees as we do to our own?

:11:32. > :11:33.I utterly reject that assertion, and indeed,

:11:34. > :11:35.the joint working that our enforcement agencies are involved

:11:36. > :11:37.in in confronting the people traffickers and going

:11:38. > :11:43.after the gangs and seeing that there isn't

:11:44. > :11:45.that exploitation is precisely part of the joint agreement

:11:46. > :11:47.which was signed last August, and we are

:11:48. > :11:49.supporting the French government to identify the vulnerable

:11:50. > :11:50.and to see that they are given support.

:11:51. > :11:56.People from black and minority ethnic backgrounds are more likely

:11:57. > :11:58.to be medicated for psychological disorders, Labour's Lady Lawrence

:11:59. > :12:02.She called for greater access to other treatments such

:12:03. > :12:08.In reply, the minister said this was not the case -

:12:09. > :12:11.but was told by another peer that data on ethnicity and medication

:12:12. > :12:17.should be collected - as it had been in the past.

:12:18. > :12:25.BME patients are more likely to be given higher doses

:12:26. > :12:30.My question to the Minister is, what is the government doing

:12:31. > :12:37.to ensure that BME patients are offered the same access

:12:38. > :12:39.to treatment option as their white counterparts and not

:12:40. > :12:43.Although there is evidence that gender and ethnicity affect

:12:44. > :12:46.the tolerability of some medicines, there is no evidence that people

:12:47. > :12:48.from black and minority ethnic backgrounds are prescribed higher

:12:49. > :12:53.On the other hand, there is considerable evidence that many

:12:54. > :12:55.people from BME backgrounds are paying more, that they spend

:12:56. > :13:11.more time in inpatient psychiatric facilities,

:13:12. > :13:14.they suffer greater seclusion, and other aspects of the mental

:13:15. > :13:16.health treatment for black minority ethnic people,

:13:17. > :13:19.But isn't it the case that this whole issue

:13:20. > :13:23.about the overrepresentation of black and minority ethnic people

:13:24. > :13:25.in the mental health services has been going on for decades,

:13:26. > :13:30.For example, Sarah Reed, a black woman who was incarcerated

:13:31. > :13:33.in Holloway when she was well known to the mental health services,

:13:34. > :13:36.was found dead in her cell in January, failed

:13:37. > :13:37.by the Prison Service, mental health services

:13:38. > :13:47.Why are black people, minority ethnic people,

:13:48. > :13:49.far more likely to be locked up in prison instead

:13:50. > :13:58.The noble lady makes a very important point,

:13:59. > :14:01.and that is why the Prime Minister has asked David Lamy to conduct

:14:02. > :14:08.an inquiry into precisely the issue that she raced.

:14:09. > :14:11.Earlier this month, Minister of State Alastair Burt said

:14:12. > :14:15.that he would be meeting with a wide range of stakeholders to look at BME

:14:16. > :14:17.groups and their unequal access to mental health services.

:14:18. > :14:43.Could my noble friend of the Minister please confirm that

:14:44. > :14:46.that wide range of Stakeholders will include the community leaders.

:14:47. > :14:48.As black and minority people are also disproportionately members

:14:49. > :14:50.of faith communities, and if those community leaders

:14:51. > :14:53.could be trained in recognising the early signs of mental health

:14:54. > :14:55.problems, then perhaps more people would be referred earlier

:14:56. > :14:57.into a mental health services that they need.

:14:58. > :15:00.I will certainly have a word with Alastair Burt and the Minister

:15:01. > :15:02.of state for health, who is having the meeting

:15:03. > :15:05.that the noble lady referred to, and I will bring her comments

:15:06. > :15:08.The noble Lord Minister was, of course Chairman of the CQC,

:15:09. > :15:11.so he will be well aware of the Care Quality Commission

:15:12. > :15:13.and their responsibility to lay before Parliament an annual report

:15:14. > :15:15.on the monitoring of the Mental Health Act.

:15:16. > :15:17.It took over for the Mental Health Act commission when

:15:18. > :15:21.The Mental Health Act commission used a biannual report

:15:22. > :15:23.with a varied, significant chapter on the details that he just talked

:15:24. > :15:25.about, the disproportionate number of BME detained patients,

:15:26. > :15:26.disproportionately used anti-psychotic drugs,

:15:27. > :15:28.and levels above BMF recommended levels.

:15:29. > :15:31.Could the noble lord the Minister tell me why the CQC in its annual

:15:32. > :15:34.report doesn't present that level of data and evidence anymore

:15:35. > :15:37.on a yearly basis, and how, without that evidence and data,

:15:38. > :15:42.can it actually take steps to tackle this important area?

:15:43. > :15:44.I don't have an answer to the question that he raises.

:15:45. > :15:52.I don't know, is the straightforward answer.

:15:53. > :15:57.But I hope that when the data comes through, and if we can extend that

:15:58. > :16:05.to patients and carers as well, as was recently done in a report,

:16:06. > :16:12.that evidence, that information should be available.

:16:13. > :16:15.Isn't it a well-known fact mental health services are massively under

:16:16. > :16:19.a good start to put some resources into that service?

:16:20. > :16:21.The government is committed to putting more resources

:16:22. > :16:30.I think there is a recognition across all parties in this House

:16:31. > :16:33.that mental health has been a Cinderella service for ever,

:16:34. > :16:35.and we are all committed, I think to mental health,

:16:36. > :16:40.physical health, and more resources are now going into mental health.

:16:41. > :16:41.You're watching Monday in Parliament.

:16:42. > :16:44.Still to come - the Government is called to do more to protect

:16:45. > :16:48.Russia's military tactics in Syria have been condemned as appalling

:16:49. > :16:51.by the Defence Secretary Michael Fallon who said the fragile

:16:52. > :16:52.ceasefire would only succeed if the Russians

:16:53. > :16:59.Russian war planes began air strikes in Syria at the end of September,

:17:00. > :17:02.initially with the aim of defeating so-called Islamic State,

:17:03. > :17:05.but later targeting other groups the Russians considered terrorists.

:17:06. > :17:11.Russian air strikes are clearly targeting civilian populations

:17:12. > :17:23.in Syria which is killing and maiming innocent men,

:17:24. > :17:25.women and children and degrading the Syrian moderate forces

:17:26. > :17:28.that we are relying on to defeat Daesh in the region.

:17:29. > :17:31.Will the Secretary of State outline what actions we are taking,

:17:32. > :17:34.or we might take, to protect these populations and underpin our

:17:35. > :17:38.I know my honourable friend will welcome the cessation

:17:39. > :17:40.of hostilities at the weekend which appears to be

:17:41. > :17:47.But it will only succeed if there is a major change

:17:48. > :17:49.in behaviour by the Syrian regime and by its principal backer,

:17:50. > :17:54.Russia must honour this agreement by ending attacks on Syrian

:17:55. > :17:57.civilians and moderate opposition groups and using its influence

:17:58. > :18:01.to ensure the Syrian regime does the same.

:18:02. > :18:03.Both the Foreign Secretary and I have been very clear

:18:04. > :18:08.and public that the Russian actions here have been undermining prospects

:18:09. > :18:16.We welcome the Russian contribution to the most recent agreement that

:18:17. > :18:25.Russia can and should play a positive role in the fight

:18:26. > :18:29.against Daesh and indeed ending the conflict in Syria.

:18:30. > :18:35.But I have to tell the House that over 70% of Russian air strikes have

:18:36. > :18:37.not been against Daesh at all, they have been against civilians

:18:38. > :18:40.and moderate opposition groups in Syria.

:18:41. > :18:45.An appalling contribution to a conflict that must be ended.

:18:46. > :18:50.Since the parliamentary vote on Syria at the beginning

:18:51. > :18:54.of December there have been 319 RAF air strikes against Daesh in Iraq

:18:55. > :18:58.and 43 RAF air strikes against Daesh in Syria.

:18:59. > :19:01.Since we are meant to be targeting the head of the snake why have

:19:02. > :19:06.there been seven and a half times more air strikes in Iraq?

:19:07. > :19:11.There were more air strikes in Iraq than in Syria in December

:19:12. > :19:18.and in January because we were engaged in assisting the Iraqi

:19:19. > :19:22.forces liberate Ramadi, which is where most of the military

:19:23. > :19:27.action was, and also assisting the Kurdish forces in the liberation

:19:28. > :19:29.of Sinjar further north. The Secretary of State is absolutely

:19:30. > :19:32.right to say we can simultaneously welcome the progress

:19:33. > :19:35.towards a ceasefire and the contribution the Russians

:19:36. > :19:37.have made, whilst condemning the previous Russian attacks

:19:38. > :19:40.on the moderate forces that the Coalition is working with.

:19:41. > :19:50.Can he tell us at this stage how reliable he thinks the estimate

:19:51. > :19:54.of 70,000 moderate Syrian ground forces is at this moment in time?

:19:55. > :19:57.I am grateful to the honourable gentleman and indeed to the official

:19:58. > :20:00.support that has been given to the campaign against Daesh.

:20:01. > :20:03.The 70,000 figure of course was not the Government figure,

:20:04. > :20:05.it was a figure produced independently by the Joint

:20:06. > :20:11.And we have no reason to believe that that figure is the wrong one.

:20:12. > :20:15.Indeed the civil war in Syria has been raging for six years now

:20:16. > :20:17.so there have been considerable forces engaged against

:20:18. > :20:29.What support is the UK Government giving to the UN who are today

:20:30. > :20:41.giving fresh aid to Syria in the albeit very fragile ceasefire?

:20:42. > :20:44.We have been making a contribution through the United Nations

:20:45. > :20:50.It is not easy for convoys to get through to some of the hard to reach

:20:51. > :20:52.areas and the drop that was carried out last week

:20:53. > :20:57.It was dropped from a great height into a high wind.

:20:58. > :21:00.A number of the pallets did not reach the ground.

:21:01. > :21:02.The best way of getting aid in is actually by land,

:21:03. > :21:05.by land convoys, but that isn't easy in some of these particularly hard

:21:06. > :21:08.The defence secretary Michael Fallon.

:21:09. > :21:11.The Government has said it is backing the imposition

:21:12. > :21:14.of higher tariffs by the European Union

:21:15. > :21:20.But the Business Secretary rejected a call from Labour for ministers

:21:21. > :21:23.to also support the scrapping of what's known as the Lesser Duty

:21:24. > :21:26.In a Labour-led debate, the Shadow Business Secretary,

:21:27. > :21:31.Angela Eagle, said the move would allow even higher duties

:21:32. > :21:34.and protect the UK steel industry being destroyed by a tsunami

:21:35. > :21:40.The European Union have finally set their tariff on a particular

:21:41. > :21:48.product, Chinese rebar, at a level between 9.2 and 13%.

:21:49. > :21:51.Meanwhile in the USA we've seen introduced defensive tariffs set

:21:52. > :21:53.at 66% which were operating 45 days from the start

:21:54. > :22:00.To work tariffs have to be high enough to deal with the problem.

:22:01. > :22:07.Artificially over inflating the price of imported steel

:22:08. > :22:09.would have a hugely damaging effect on British companies further up

:22:10. > :22:15.Of course I would like to see such companies using British steel

:22:16. > :22:17.rather than cheaper, lower quality imports.

:22:18. > :22:20.Let me take this opportunity to urge them to do so.

:22:21. > :22:25.However forcing them to buy British steel by making imported steel

:22:26. > :22:31.prohibitively expensive is not the way to make this happen.

:22:32. > :22:33.Come out strongly for manufacturing industry and be unequivocal

:22:34. > :22:40.Get rid of the Lesser Duty Rule and prevent dumping by China.

:22:41. > :22:44.Vote against giving China Market Economy Status

:22:45. > :22:48.which would truly spell the death knell for UK steel.

:22:49. > :22:51.Now, in the latest battle of wills over changes to the benefits system,

:22:52. > :22:54.the House of Lords has defeated the Government over planned cuts

:22:55. > :23:00.The Government wants to reduce ESA payments -

:23:01. > :23:03.paid to sick and disabled people - by ?30 a week for many

:23:04. > :23:08.But a crossbench or independent peer, Lord Low says the change

:23:09. > :23:11.should not go ahead until the impact on claimants' finances and mental

:23:12. > :23:17.The Government said that wasn't practical.

:23:18. > :23:20.What is proposed in the majority of the amendment will be impossible

:23:21. > :23:29.This is because the data which is currently available does

:23:30. > :23:37.not allow us to make a meaningful estimate.

:23:38. > :23:41.We would therefore need to undertake a large scale trial of several years

:23:42. > :23:48.which would substantially delay implementation.

:23:49. > :23:59.A trial starting perhaps in April 2017 of 15,000 claimants would not

:24:00. > :24:05.It is perfectly clear from the very restricted nature of those

:24:06. > :24:07.amendments that the Minister has been working with

:24:08. > :24:11.I accept the Minister has done his very best and hope

:24:12. > :24:15.he will understand that those sick and disabled people who genuinely

:24:16. > :24:19.cannot find an employer willing to take them on,

:24:20. > :24:25.and in my view that's the very big problem they face,

:24:26. > :24:28.they will be faced by the most incredible hardship if clauses 13

:24:29. > :24:41.The reality is that these changes have been debated extensively

:24:42. > :24:43.by both houses and most recently last Tuesday in the other place,

:24:44. > :24:46.where after a three hour debate the House of Commons insisted

:24:47. > :24:48.with a majority of 27, above the Government's notional

:24:49. > :24:50.majority, that the changes we made should be resisted.

:24:51. > :24:53.I think the time has come to recognise, as I think the noble

:24:54. > :24:56.Baroness has just indicated, that we should respect the view

:24:57. > :25:01.Lord Low said that the Government lost the argument but won the vote.

:25:02. > :25:04.Whether or not one has won the argument is a

:25:05. > :25:10.Whether or not one won the vote was not a subjective decision

:25:11. > :25:13.and that is the basis on which I think we should proceed.

:25:14. > :25:16.The Minister has said it would be an expensive and time-consuming

:25:17. > :25:22.matter to provide the information my amendment calls for.

:25:23. > :25:26.But I would say that if the Government doesn't have this

:25:27. > :25:28.kind of information they should not be seeking to implement such

:25:29. > :25:34.a drastic cut to ESA in the first place.

:25:35. > :25:41.In the end peers backed Lord Low's amendment by 289 votes to 219.

:25:42. > :25:43.With parliamentary ping-pong under way, the Welfare Bill

:25:44. > :25:51.Alicia McCarthy is here for the rest of the week,