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Conservative and Unionist Party

5,731 spoken contributions under 12 words (interjections such as “Will the hon. Member give way?”) are hidden. Show them

  1. ParliamentMr Mark Francois

    Armed Forces Bill (Sixth sitting)

    I take the Minister’s point that via this method we could have a Strategic Reserve of 150,000 within a decade, but what if we do not have a decade? I suspect we will return to the point this afternoon, but for now, to use the Minister’s analogy of trying to cut through the spaghetti soup—I think we are all with him on that—how do we increase the size of the soup bowl? How do we have a bigger pool of manpower and womanpower that we can draw on, if necessary, in a full-scale war? These people will have had at least some military training and will be able to train others who have had none. That is why we are suggesting that we at least look at the practicalities of 250,000. Could the Minister say something about that?

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  2. ParliamentMr Mark Francois

    Armed Forces Bill (Sixth sitting)

    Does the Department have at least a working estimate of how many people it thinks will opt in to that liability, bearing in mind that they cannot be recalled otherwise? What is the planning assumption within the MOD?

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  3. ParliamentMr Mark Francois

    Armed Forces Bill (Sixth sitting)

    I will speak to amendments 20 to 24. As they have been grouped together in the largest individual group to be debated today, I will take them in turn, with a few brief remarks on each amendment. I begin by addressing amendment 20 and consequential amendment 21. The essence of the amendments is to further increase the maximum age of service in the reserve forces from 55 to 65, as currently proposed in the Bill, to a higher level of 67. That would mean having a maximum age limit in line with the normal male retirement age in civilian life. The Opposition appreciate the sense of increasing the maximum age for service in the armed forces from 55 to 65—for the record, that would include me, and I will opt in now. In his evidence, the Minister provided some practical examples of highly skilled personnel, such as highly experienced medics or air traffic controllers, who do not necessarily need to be as physically fit as, say, a 21-year-old infantryman to make an important contribution to defence. The point of the amendments is to ask a simple question: if that argument holds good at 65, does it not still hold good at 67, the age at which most people can draw a state pension in civilian life if they are male? If someone is a skilled surgeon in the Royal Army Medical Corps at age 65, would they not be equally skilled just two years later? Would those two additional years in their mid-60s represent significant skill fade in their ability to give medical aid? I hope the Minister can see why the Opposition have tabled these straightforward amendments to provoke a debate on the proposed age limit and the rationale for it. I look forward to hearing what he has to say on them. The essence of Opposition amendment 22 is to expand from 12 to 18 months the maximum allowable period for a recall order under the Bill. The rationale is that history shows that in a national emergency, including a peer-on-peer conflict, the war is not always over by Christmas. It is therefore not inconceivable that people who are mobilised for reserve service for up to a year might find themselves required to fight on the frontline for longer. In making this argument, I pray in aid the practical experience from Ukraine, where service personnel have been fighting on the frontline for years, some with relatively limited leave over the whole period. I visited Ukraine with UK Friends of Ukraine only a few weeks ago, and the Minister told the Committee on Tuesday that he had only recently returned from a trip to that country—again, time spent on reconnaissance is seldom wasted. It hardly needs saying, but I am sure that all Members and parties represented on the Committee will want to join me in expressing our determination to support the Ukrainians, for as long as it takes, in facing down Russia’s illegal and barbaric invasion of their country. A point made very powerfully to our delegation during our visit to Odesa, Chornobyl and Kyiv was that many in the west believe or perceive that Ukraine’s war with Russia has been going on for four years, from the date of the so-called full-scale invasion in February 2022, but in fact the Ukrainians are keen to point out that the war really began in 2014, or arguably even earlier, with the Russian occupation of Crimea in the south of the country and the occupation of significant portions of the Donbas in the east. In other words, Ukraine has been at war with Russia not for four years, but for 12. To put that into context, it is longer than the first and second world wars combined. It is immensely to the Ukrainians’ credit that they have continued to actively resist their larger and stronger neighbour to the east. The Ukrainians are fighting for western values of freedom and democracy, and they deserve our enduring support. Moreover, the Speaker of the Rada, who is a larger-than-life man in a whole range of respects, gave us a stark warning while we were there: “If we fall, you and your friends will be next.” Given all that, and bearing in mind the duration of the first and second world wars and of other conflicts such as those in Korea, Iraq and Afghanistan, it might make sense to allow a recall order to last longer than a year should circumstances demand it at the time. We have tabled amendment 22 accordingly. The essence of Opposition amendment 23 is to allow persons undertaking civilian work that the Secretary of State deems vital for defence purposes to be exempt from a recall order under proposed new section 69A of the Reserve Forces Act. This is by no means a new idea. There is an old saying in politics that there is nothing new under the sun, and this is not new either. For instance, during the second world war, many people who were eligible for military service by virtue of their age were nevertheless exempted from call-up because they were working in so-called reserved occupations—in other words, a field of civilian endeavour that was considered vital to the war effort.

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  4. ParliamentMr Mark Francois

    Armed Forces Bill (Sixth sitting)

    The Minister just said that some categories of personnel could in certain circumstances continue to serve beyond 65 to 67, which is in line with the spirit of what the Opposition are proposing. Can he explain to the Committee who those people are?

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  5. ParliamentMr Mark Francois

    Armed Forces Bill (Sixth sitting)

    On a point of order, Mr Efford. We will not press amendments 20 to 23. I am grateful that the Minister agreed to take amendment 24 away—we note that—but because the suggestion came from within the ranks, as it were, we will press it to a vote. Clause 33 Recall for service Amendment proposed: 24, in clause 33, page 54, line 43, at end insert— “69C Notice periods for recall (1) Those reservists in Army Reserve Group A, or its equivalents, shall, following the coming into force of the Armed Forces Act 2026, have their standard notice reduced from readiness category R9 (180 days) to R8 (90 days) (2) For the purposes of this section, ‘Army Reserve Group A’ has the meaning defined in the Reserve Land Forces Regulations 2026.”—(Mr Francois.) This amendment would increase the readiness requirement for reservists in Army Reserve Group A from 180 days to 90 days. Question put, That the amendment be made.

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  6. ParliamentMr Mark Francois

    Armed Forces Bill (Sixth sitting)

    I beg to move amendment 25, in clause 37, page 56, line 35, at end insert— “(4) The Secretary of State must create a plan for ensuring and monitoring the efficiency of the RFCA in carrying out its duties and its relationship with local Reserve and Cadet units. (5) The plan in subsection (4) must be laid before each House of Parliament within six months of the passage of this Act.” This amendment requires the Secretary of State to create a plan ensuring and monitoring the efficiency of the RFCA in carrying out its duties and its relationship with local Reserve and Cadet units.

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  7. ParliamentMr Mark Francois

    Armed Forces Bill (Sixth sitting)

    The essence of the amendment, tabled in my name and that of my hon. Friends, is to place a requirement on the Secretary of State to create a plan to ensure and monitor the efficiency of the reserve forces and cadets associations in carrying out their duties and the relationship with local reserve and cadet units in their charge. I place formally on the record my thanks to the RFCAs as part of our overall national defence effort, and the appreciation of my party for the highly important role they carry out. Many people who serve on the RFCAs at national and regional level have tremendous experience of military life, often across each of the three services in the case of a regional RFCA. The fact that they wish to continue to make a contribution to defence, in many cases after their regular career is over, is to be welcomed and commended. Nevertheless, just occasionally, I come across examples of a perhaps overly bureaucratic approach by some RFCA staff, who are no doubt well meaning, but whose actions tend—perhaps inadvertently—to stifle innovation and creative thinking. I will illustrate that point to the Minister with two specific personal examples, one from some years ago and the other more contemporary. The first example relates to attempts to create new cadet units in my constituency. While I served as a Minister in the MOD more than a decade ago, I think it is fair to say that we had a successful programme to expand the number of cadet units in state secondary schools. We set a target of creating some 500 new cadet units at secondary level, specifically including some educational settings and some geographical areas that had perhaps not benefited from cadet units hitherto. We deliberately tried to set up some of those school cadet units in what might be termed quite tough inner-city areas. That went pretty well; we hit the target. That meant that thousands of young people at school had the opportunity to benefit from everything the cadet movement offers in terms of teaching teamwork, discipline, determination in adversity and all the other military virtues that they were therefore exposed to at a relatively young age. As the Minister knows, we do not have a cadet movement specifically to recruit people into the adult armed forces. Nevertheless, if many of those people, having experienced a taste of the military ethos, wish to continue their military involvement afterwards, that is all well and good, both for them and for their country. Therefore, on a personal level, I have always been a great believer in the cadet movement, and I am proud to say that I have four cadet units in my constituency: 1476 (Rayleigh) Squadron Air Training Corps and its sister squadron, 1474 (Wickford), and detachments of the Essex Army Cadet Force in both Rayleigh and Wickford. I have also, over the past year at least, made a point of attending both the Army cadets’ and the Air cadets’ annual awards ceremonies in Essex. After I left the MOD, and after we had hit the target of 500 new cadet units in schools, I was involved in conversations with the headteachers of two secondary schools in my constituency, who were also very interested in the programme but had not been part of the original cohort of 500. In essence, they were both keen to set up cadet units of their own. There was an original barrier to entry of a down payment of something like £17,000 by any school that wished to participate. Given the pressure on school budgets, even a decade or so ago, that was a prohibitive barrier to entry for many schools. Nevertheless, I am pleased to say that that requirement was eventually dropped, and, at that point, I had two headteachers who were very keen to go ahead. I attempted on numerous occasions to communicate that to the East Anglia RFCA, but I regret to inform the Committee that I got absolutely nowhere. Multiple attempts to raise this were met with a very lukewarm response; I was constantly referred to different people within the organisation, and then ultimately to one non-commissioned officer who appeared to have been given responsibility for new cadet units but, for various reasons, seemed very hard to reach. In the end, I am sad to report that the two headteachers in question lost interest. As one of them put it to me at the time, “Well, if they’re not interested in my school, I don’t see why I should still be interested in one of their cadet units.” That was a shame. I believe it was a missed opportunity—in fact, two. I raise that in the hope that if, in future, any hon. Member wants to help foster the creation of a cadet unit at a school in their constituency, they might have a more positive experience than I did. Perhaps, in responding to this amendment, the Minister could tell us where we are in terms of school cadet units. I think it would be handy if he could place it on the record that the Government would still like to see new cadet units in schools, and, very briefly, how hon. Members can go about encouraging that. Maybe I was just unlucky, but it would be a shame if we could not facilitate setting up new units in schools. Secondly—this is a more contemporary example—I have the honour and privilege of serving as the honorary president of 1476 (Rayleigh) Squadron. The Minister might recall that I alluded to an issue about the potential expansion of the squadron during one of the earlier evidence sessions. I was then invited to write to the head of the RFCA about that. I am grateful for that hint, and I still intend to do so following this debate. For the record, 1476 (Rayleigh) Squadron has won the Lees trophy as the champion squadron in the Essex wing two years running. A military type might well say, “Well, they must be doing something right then.” Suffice it to say, having declared my interest as the squadron president, I am slightly dismayed that attempts to refurbish and expand the facilities of 1476’s admittedly ageing base in Rayleigh have often fallen foul of what one might call bureaucracy at the RFCA level, even though a national house builder was offering to build a brand-new extension to the squadron base at Connaught Road as a gesture of good will and at absolutely no cost to the taxpayer. I am sure that we have all seen these things in our constituencies: a company offers to get together a group of volunteers at a weekend and do something up. The company was going to do that, and it also offered to build what was basically, in pub English, a large shed at the back of the unit, as the squadron has a particularly strong interest in engineering studies and needed a shed in which to store its equipment and conduct lessons. That was all to the good.

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  8. ParliamentMr Mark Francois

    Armed Forces Bill (Sixth sitting)

    I appreciate my hon. Friend’s comments. He proves that the issue is not all about recruitment, as he was in the Air Training Corps but joined the Royal Marines. I thank him for his tri-service.

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  9. ParliamentMr Mark Francois

    Armed Forces Bill (Sixth sitting)

    I am grateful to the hon. Gentleman. On the point about CCFs, part of the Department’s thinking at the time was that a lot of young people, particularly in the independent sector, benefited from the cadet experience by joining combined cadet force units in independent schools, which, as the hon. Gentleman rightly pointed out, exist in some state schools too. We were trying to give more people in the state sector the opportunity to benefit from a similar experience, so we set the ambitious target of 500 units in state schools, which I am pleased to say we hit. Returning briefly to 1476, in the end, I think it has all been a misunderstanding, and it could be easily resolved with a measure of good will on both sides. I hope the Minister understands the spirit in which I, as the president of the squadron, have raised the issue. If he can personally do anything to help, it would be greatly appreciated. With that, I rest my case.

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  10. ParliamentMr Mark Francois

    Armed Forces Bill (Sixth sitting)

    That being the case, could the Minister place on the record—I hope he will say yes—that it remains the policy of this Government to create new cadet units within educational settings where that is appropriate, and where the headteacher is onside?

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  11. ParliamentMr Mark Francois

    Armed Forces Bill (Sixth sitting)

    That is a very reasonable reply from the Minister. I thank him for his offer to look into this. On that basis, I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn. Clause 37 ordered to stand part of the Bill. Clause 38 Parliamentary control of air forces numbers Question proposed, That the clause stand part of the Bill.

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  12. ParliamentMr Mark Francois

    Armed Forces Bill (Sixth sitting)

    Briefly, I want to make just one point about visiting forces. As the Minister knows, in recent years certain high-profile cases have included people from visiting forces based in the United Kingdom. In one case in particular, a young boy was tragically killed in a road accident by someone who was alleged to have been driving irresponsibly—a citizen of the United States. For legal reasons, I will say no more on that particular case, but I can see members of the Committee nodding in recognition of what I am talking about. All I ask is that the Minister places on the record that we welcome the presence of those who come here as our allies to help protect us, but none the less make it plain to them that while they are in the United Kingdom, they should abide by our laws in all respects, in the same way that we ask our own citizens to. For reasons that I hope the Minister appreciates, I would like it if he could make that reassurance plain this afternoon.

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  13. ParliamentMr Louie French

    Euro 2028

    I refer Members to my entry in the Register of Members’ Financial Interests. The successful bid to host the Euros in 2028 made under the previous Conservative Government has enormous potential to economically and culturally benefit the UK, giving fans lifelong memories as football comes home. But to deliver a truly lasting legacy, the Government must commit to protect pitches, properly fund grassroots sports and stop taxing clubs into oblivion. I ask the Minister again: will the Government finally U-turn on their proposed watering down of Sport England’s crucial role in protecting grassroots pitches?

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  14. ParliamentMr Louie French

    Euro 2028

    The Secretary of State criticises the previous Conservative Government, but national sports bodies are fully aware that this Labour Government have cut sports funding, and increased regulation and taxes on clubs, and are putting at risk sports pitches across the country. Alongside these major own goals, the ongoing Whitehall ruck over how PE is funded risks reducing participation rates even further. This Labour Government have already cut millions from the likes of the opening schools facilities fund, and are overseeing huge uncertainty for the schools games organisers network. What discussions is the Secretary of State having with other Departments to ensure that children can continue playing sport, both at school and in their community?

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  15. ParliamentMr Andrew Snowden

    Business of the House

    Over the past 12 months or so, a lot of residents and businesses across Fylde and Wyre have reported significant delays to, and times of entire absence of, Royal Mail deliveries to their properties and businesses, with some lucky to get post once a week, or twice a week at best. I have experienced that myself. With local government elections on the horizon, will the Leader of the House provide a statement or some reassurance on the work being done among the Ministry of Housing, Communities and Local Government, Royal Mail and local councils to ensure that people’s access to democracy through their postal votes is not diminished?

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  16. ParliamentMr Andrew Snowden

    Women’s Health Strategy

    I want to ask the Minister about a particular area of women’s health and how this strategy might impact on it. This is a very personal issue for me and my wife, regarding the pathways and support for women who have colostomies or ileostomies and have lifelong stoma care. I place on record my thanks to Mr Arnab Bhowmick, who is my wife’s very long-term consultant and has performed two major surgeries on Caroline—he is known as “the fantastic Mr B” in our house and to many of his patients. We know that on those pathways and in the decisions leading up to making the decision to have a stoma, putting it off can put people’s lives at risk. How people cope with a stoma afterwards has very unique elements for women—that can be around periods, fertility and pregnancy, or around the menopause later in life. How does the Minister think the strategy will help women like my wife, the friends she has met in hospital and others on those pathways?

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  17. ParliamentMatt Vickers

    Business of the House

    Yesterday, we learned that 600 jobs could be lost across the North Tees and South Tees NHS trusts, including nurses and clinical staff. This is devastating news for hard-working NHS staff and for residents worried about local services. Will the Leader of the House allow a debate on these job losses, and will he join me in urging the NHS to ensure that the staff affected are properly supported?

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  18. ParliamentMartin Vickers

    Archbishop of Canterbury

    Many rural areas are served by clergy who are responsible for multiple parishes. Will the hon. Lady urge the archbishop to focus on providing more priests for rural parishes?

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  19. ParliamentMartin Vickers

    Business of the House

    Last Friday, along with the leader of North Lincolnshire council, I visited the carers support centre in Brigg, and met the staff and volunteers who do such an excellent job. I also heard from individual carers about the challenges they face, one of which, incidentally, is the complexity of the Government forms they have to complete for various benefits. Could the Leader of the House find time for a debate to explore how we can better support carers up and down the country?

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  20. ParliamentMark Pritchard

    Children and Young People

    Will the hon. Lady write to the Local Government Minister, because I think some councils are a little bit timid when it comes to faith-based organisations? The dioceses of Lichfield and Hereford, which fall under The Wrekin constituency and are partly in the Telford constituency, do a fantastic job, but I think there is a problem between central Government, local government and the Church of England in communicating, sharing resources and actually delivering new services for young people together.

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  21. ParliamentMark Pritchard

    Business of the House

    Chapter 4, paragraph 23 of the North Tyneside local plan, which covers an area that includes the Leader of the House’s constituency, talks about protecting the green belt. As there is green-belt land in the north of his constituency, I am sure that he shares my concerns about over-development, which is referred to in that chapter, so will he join me in supporting my constituents in Albrighton in Shropshire, where a speculative development for 800 houses on green-belt land was recently thrown out by Shropshire council but is now going to appeal? Is it not the case that my constituents, like his and those of many Members of the House, are not against housing? They are just against housing on the green belt. Housing has to be built in the right place and at the right scale, but unfortunately this Government seem more concerned about sitting on a bulldozer and bulldozing through Shropshire’s green belt than getting that housing balance right?

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  22. ParliamentJohn Cooper

    British Industrial Competitiveness Scheme

    The buzzword this morning is “bold”. Yet the reality is that, though this plan might be bolder than what went before, it remains with all the oomph of a 40W bulb. When electricity in Dumfries in my constituency is four times the price in Dumfries in Virginia, in the United States, this country has a major problem with competitiveness— I have a problem saying it. What industry in this country needs is the decommissioning—the unplugging—of the Energy Secretary and his dogmatic carbon taxes, which really lie behind the electricity prices that we face. Today’s announcement does nothing to address that.

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  23. ParliamentJoe Robertson

    Courts and Tribunals Bill (Fifth sitting)

    The hon. Member speaks with eloquence and experience. I understand the Minister’s point: she has framed this as simply removing a choice from a defendant, as though this is a benefit that need not exist, but does the hon. Member agree with my analysis that this constitutes the removal of a right rather than a choice—the right to be tried in the Crown court, unless trial in a magistrates court is preferred?

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  24. ParliamentJoe Robertson

    Courts and Tribunals Bill (Sixth sitting)

    To the extent that it is necessary, I declare an interest in that I used to be a solicitor regulated by the Solicitors Regulation Authority and registered with the Law Society. I, too, support amendments 25, 12 and 43. They are not technical or political amendments, but constitutional amendments, and I hope that the Committee will consider them in that spirit. Let me begin with some facts that I think we can all agree on. There are thousands of defendants who are currently part-way through the criminal justice process having made a formal, consequential and, they thought, irreversible election to be tried by jury in the Crown court. They made that election under the law as it existed when they made it—indeed, as it exists today. If the Bill passes unamended, that election, that choice, that right, which they have already exercised, will be taken away from them before they ever reach trial. It is a bitter irony that they have not yet reached trial because of the situation that the country is in. I accept that it is not this Government’s fault that we are where we are, but the state is the state, and the Government are responsible for it. For those people to be awaiting trial because of the state and then have their rights taken away from them by the state because of this Government’s actions goes far beyond disagreement on the Bill and on the principle of jury trial, no matter how important that is.

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  25. ParliamentJoe Robertson

    Courts and Tribunals Bill (Sixth sitting)

    I look forward to spending the afternoon exchanging ideas with the hon. Member. Let me begin by expanding a little on what I had intended to say. I do not agree with the narrative that it is either the defendant or the victim who wins out, not least because not every defendant is a guilty person. I would also say that victims of the worst crimes, when they are waiting for a guilty person to be found as such, already face the backlog. They will not have a choice to go to the magistrates court, because those are not either-way offences. The jury system will always take longer, and the people who have suffered the worst will always be subject to the longer jury trial. There is a reason why that is right: a jury is asked to take a decision on whether something happened, and its decision could mean that someone loses their liberty for a very long time. The criminal system in this country is tilted in favour of the defendant, so I am afraid that it is tilted in favour of people who commit heinous crimes. However, in our system we must believe that those who commit heinous crimes will be found out, convicted and serve the very toughest sentences.

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  26. ParliamentJoe Robertson

    Courts and Tribunals Bill (Sixth sitting)

    I do. Perhaps I could encourage a Tea Room conversation between the hon. Members for Gloucester and for Bolton South and Walkden, in the hope that her wisdom might rub off on her hon. Friend when it comes to pitching this as a contest between victim and defendant. Of course, on a technical point, it is not the victim or complainant who brings the case; it is the Crown—the state. Yes, there is a victim who must see justice, but in criminal law, the offence is seen as a crime against the state. In countries where there is not a monarchy, it is the people versus the defendant, because the defendant’s crime is an affront to the people. We have a monarchy in this country, and we know it is the Crown against the defendant.

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  27. ParliamentJoe Robertson

    Courts and Tribunals Bill (Sixth sitting)

    Yes. Let us get back to principles here. I support what the Government are trying to do in reducing the backlog. Of course, that is the right thing to do, and it benefits both those awaiting trial and the victims and complaints who want to see justice. On amendment 25, my particular issue here the retrospective application of the law. Even if Members agree with the Government that either-way offences should go and that people who commit or are accused of committing a crime in the future should no longer have the right that people used to, the clause will apply that new law to things that have already happened. That is highly controversial and an affront to the common law legal system in this country.

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  28. ParliamentJoe Robertson

    Courts and Tribunals Bill (Sixth sitting)

    I continue to be grateful to the hon. Member for hanging on my every word, and I am grateful for the opportunity to expand on that. As I said, it is a basic tenet of English common law, and the ECHR effectively replicates what is already in our legal system. I am very happy to engage in a wide-ranging debate on the ECHR, but I fear that you, Ms Jardine, are also hanging on my every word and may stop me.

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  29. ParliamentJoe Robertson

    Courts and Tribunals Bill (Sixth sitting)

    Again, I invite a Tea Room conversation —although we may have to meet somewhere geographically in the middle of the Tea Room. Any measure that materially and detrimentally alters the regime to which a defendant is subject in a way not foreseeable at the relevant time engages article 7. The Government’s own ECHR memorandum on the Crime and Policing Bill of April this year acknowledged that article 7 is engaged where the defendant could not “reasonably have foreseen” the application of a measure “at the material time”. At least we can agree that article 7 is at least engaged. A defendant who elected Crown court trial under the existing law could not have foreseen that that election would be nullified, not least of all because some such defendants have been waiting rather a long time—and that is the issue this Government are trying to deal with. I say again that I support what they are trying to do, although I disagree with some of the means they are using to achieve those aims. This is precisely the kind of unforeseeable retrospective detriment that article 7 exists to prevent. While we are on the ECHR, I turn to paragraph 2 of article 6, on the right to a fair trial, and pending proceedings. Paragraph 1 guarantees the right to a “fair and public hearing” before an “independent and impartial tribunal”. The European Court has repeatedly held that the principle of the rule of law and the notion of a fair trial preclude any interference by the legislature—that is, Parliament—other than on “compelling grounds of the general interest”, with the administration of justice designed to influence the judicial determination of a dispute. This principle was established in a number of cases and applied domestically in Reilly (No. 2), 2014. Where a defendant has an existing elected case in train, the application to them of the new clause 3 regime is precisely the form of retrospective interference with pending proceedings that article 6 prohibits. The Government must demonstrate compelling grounds of the general interest. Processing efficiency—the rationale advanced for these reforms—does not satisfy that threshold, in my view. I say again that we are talking about cases that are already in proceedings. The Government’s own Criminal Procedure Rules 2025 identify, as part of the overriding objective, the recognition of the rights of a defendant, particularly those under article 6 of the European convention on human rights. Retrospective removal of the elected mode of trial is directly at odds with the overriding objective that the Government have enshrined in their own procedure rules. I turn to the more recent Reilly litigation that went on between 2013 and 2015, because, although this is a historic principle, it is one that has been repeatedly upheld. The R (on the application of Reilly) v. Secretary of State for Work and Pensions litigation provides, in my view, the closest and most instructive domestic parallel. In 2013, Parliament fast-tracked the Jobseekers (Back to Work Schemes) Act 2013 to retrospectively validate regulations that the Court of Appeal had already found to be unlawful. The Act was introduced before the Supreme Court appeal was complete. That is a direct analogy to the present situation, in which the Bill would alter the mode of trial for defendants who are already part-way through criminal proceedings. In Reilly (No. 2), Mrs Justice Lang held that the 2013 Act was incompatible with article 6(1) of the ECHR, in that it had interfered with—

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  30. ParliamentJoe Robertson

    Courts and Tribunals Bill (Sixth sitting)

    I am grateful for that indication, Ms Jardine, and I understand. It had interfered with ongoing legal proceedings in favour of the state, which is exactly what is happening here: legal proceedings are being interrupted in order to favour the state, removing from appellants what would otherwise have been a conclusive ground of appeal without justification by compelling grounds of the general interest. The Court of Appeal upheld this conclusion, with Lord Justice Underhill emphasising the importance to be attached to observance of the rule of law. Mrs Justice Lang further held that the absence of consultation with the representative organisations, which I say has happened here too, and the lack of scrutiny by relevant parliamentary Committees may have contributed to some misconceptions about the legal justification for the retrospective legislation. She said that the Government’s ECHR statement to Parliament failed to explain that a departure from the legal norm—exactly what is happening here, in my view—was being sought. Those observations plainly apply with equal force to this Bill. The parallels are direct: the Government are introducing new legislation that will alter the legal position of defendants who are already engaged. As in Reilly, no compelling grounds of the general interest have been articulated for why existing elected cases must also be captured. Lots of arguments have been made about why either-way offences should no longer exist, but not why that must be the case for people who have already made an election in that way.

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  31. ParliamentJoe Robertson

    Courts and Tribunals Bill (Sixth sitting)

    I will go on to my next bit, which is even more relevant than my previous bit. The Police (Detention and Bail) Act 2011 is Parliament’s most recent example of retrospective criminal legislation. It reversed the effect of the High Court’s decision in R (on the application of Chief Constable of Greater Manchester Police) v. Salford Magistrates’ Court and Hookway on the calculation of detention time under the Police and Criminal Evidence Act 1984, and did so by deeming the amendments always to have had effect. They had not. The then Policing Minister described the matter as too urgent to await a Supreme Court appeal. This Government have made no case that the current backlog is so urgent that it must be all shifted to the magistrates court. It wants to tackle the backlog, yes, by changing the right to elect, but removing people who have made that election into a different court is something quite different. The Government have not argued that it is too urgent. That is unsurprising, because it is plainly not. Even in the emergency context of the Police (Detention and Bail) Act, when the Government faced systemic liability for unlawful detentions, the retrospective approach attracted intense criticism, just as I am criticising this Government. It was acknowledged in the explanatory notes that it was deliberately retrospective and it remains subject to potential ECHR challenge. It is interesting to note that this legislation may also be subject to challenge, even if it leaves this place and passes into law. No equivalent emergency exists here; there is no systemic liability to reverse. The War Crimes Act 1991 is cited as a paradigm case of retrospective criminal legislation, allowing proceedings for war crimes committed in German-occupied territory in the second world war, notwithstanding that the defendants were not British at the time. Parliament considered that the exception was justified by the gravity of the crimes involved—they were heinous crimes—but even then the Act was controversial.

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  32. ParliamentJoe Robertson

    Courts and Tribunals Bill (Sixth sitting)

    I think it is for the Government to set out the state of emergency. I do not accept that there is one; in fact, I do not think the Government are saying that there is one, when it comes to taking away a right that someone has already elected. We are not talking about getting rid of jury trials for a trial for either-way offences. I disagree with that; we have dealt with that, and we will go back to it. In this clause, we are talking about applying that to a number of people who have already made an election. It is for the Government to set out the emergency. I do not believe that there is one, and I think that they have not set it out because they do not believe that there is one.

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  33. ParliamentJoe Robertson

    Courts and Tribunals Bill (Sixth sitting)

    The shadow Minister is absolutely right. I invite the Minister to address that point head on in her speech. Even the Government themselves do not seem to be saying it is an emergency, whereas when any previous Government, Conservative or Labour, have tried to enact something retrospectively, they have at least made the case for an emergency. Heinous crimes committed during a war, loopholes that have left the state open to repeat, ongoing litigation into perpetuity—those are the sorts of threshold that have been met in previous times. I hope that that goes some way to answering the question asked by the hon. Member for Gloucester. Let us hear from the Government why retrospective application in this case is so urgent. The answer cannot be about future cases; it must only be about those who have already elected trial. I draw attention to a post on the UK Constitutional Law Association blog in July last year, which addresses and objects to the idea of using the Crown court backlog crisis to justify this provision. It is not an adequate justification that it is equivalent to wartime. Jury trials were not suspended even in the first world war, the second world war or the covid pandemic, all of which produced a more acute systemic issue than the one we have today. The present difficulties, however real they are—and I say again that they are real—do not plainly reach that threshold. The Government’s own stated policy is that they must balance conflicting public interests and consider whether the general public interest in the law not being changed retrospectively may be outweighed by any competing public interest with regard to ECHR. The Solicitor General’s answer to a parliamentary question set that out explicitly. For the sake of brevity, I will not repeat that answer. However, whatever views are taken about that balancing exercise, there appears to have been no such exercise on which to take a view. It is apparent in the Bill’s explanatory notes. No compelling justification for retrospectivity is advanced. It should be in the notes, and it should have been done already, but at least the Minister can address it now. This has not been a case of closing an unforeseeable loophole. It is not an emergency requiring same-day legislation. It is not a response to a systemic injustice in wartime. It is a policy reform that operates perfectly well on a prospective basis if that is what the Government want to do, although I do not agree with abolishing jury trials. But the retrospective reach of clause 3 appears—I hope—to be inadvertent. The amendments would correct it. The Government’s reform agenda could be delivered even if the amendments are made. Future cases would be fully captured by the new regime applied prospectively. Where defendants have already elected—and there will be relatively few of those over the lifetime of this law, compared with all the crimes that it will capture in future—their cases can be resolved under the existing system. It raises the question of what happens when we take a number of cases and put them straight into the magistrates courts now, rather than allowing the natural wasting away of the election to trial by jury for those who face what, today, are either-way offences. The cost of honouring the amendments is minimal, even to the Government. The cost of not honouring them is significant. I will not repeat the arguments that I have already made. In my view, the Committee should support amendments 25, 12 and 43. They are constitutionally proper and correct, legally secure and practically proportionate. The Government have offered no principled justification for the retrospective application of clause 3. In the absence of such justification, the presumption against retrospectivity must surely prevail. The Government can still achieve the aims of the Bill, no matter how much I disagree with a number of them.

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  34. ParliamentJoe Robertson

    Courts and Tribunals Bill (Sixth sitting)

    Evidently, I support the amendment in the name of the shadow Minister. As he set out, this is about confidence in the trial when it gets under way. It is about understanding what a judge, in exercising their procedural decision making, may have seen prior to the trial getting under way and the evidence being heard. As I see it, the amendment would go some way to at least mitigating what is lost in the Government’s abolition of jury trials for certain offences: that is, the objectivity of jury trials, where a jury decide on the conviction—guilt or innocence, effectively—and the judge decides on the sentencing. In jury trials, there is separation between a judge’s procedural decision making about how the trial runs, including throughout the trial, and the facts of the case—whether someone is guilty or not—being decided on by the jury. When a trial is heard by a judge, the judge makes both those decisions. The disadvantage there, of course, is that when either party to proceedings—the defence or the prosecution—wishes to make representations about the way a trial is being conducted or about the evidence in a jury trial, the jury get sent out of the room. They do not see that argument, and their minds are not clouded by what is discussed in the courtroom on a procedural matter that a judge may rule is inadmissible in the hearing. Frequently in trials, that would be a dispute over evidence, such as whether a certain bit of evidence should be brought before a jury. The jury will not hear that discussion; if a judge says no, the jury come back in and they never see it. In a judge-only trial, where the judge is also deciding innocence or guilt, they have to decide whether a piece of evidence is relevant and, if they decide it is not, they have to effectively pretend that they never saw it and to disregard it. Our judges are capable of doing that because of their training, career, expertise and experience. I would suggest that judges in this country are among the best in the world; as I have said before, I believe our common law English legal system is the best, and I believe our judiciary is the best. But it is simply the case—it is human nature—that when someone has seen something they cannot unsee it. That is precisely one of the arguments for why we have jury trials in this country. This is about the arguments a judge hears and assesses when it comes to allocation. They could be fairly contested and, of course, the decision made by a judge could be controversial—not necessarily wrong, but controversial—and against what the defendant is seeking. When a judge chooses a judge-only trial, the defendant’s wishes are not disregarded but considered and set to one side, and the judge then hears the facts of the case. The argument is that the judge may be clouded in their view of a defendant, given the robust, perhaps sometimes controversial, arguments the defendant is making about where they want the trial to be heard. That may then unfairly cloud the judge’s view of the defendant when hearing the case itself. In the vast majority of cases, judges have a professional separation as they move on from an important single decision about where to hear the case to hearing the case itself. It is not just about whether a judge was clouded by the earlier decision-making process. In truth, in the vast majority of cases we can never know. We do not want to get into philosophy here, but some philosophers may argue that judges themselves do not realise when they are clouded. Probably more relevant in practice, though, is the confidence that the defendant has in the judge’s decision. If there has been a highly contentious, contested argument about where the trial should be held, if the defendant did not get their way, which in my view they should have, because I do not agree with this legislation, and if the defendant does not believe that their case is being tried properly and sees bias in the judge, that will make the trial harder to run even if it is not a reasonable view to hold. It could lead to defendants, some of whom may be representing themselves and giving evidence, not being able to set aside their disagreement with the judge. There will therefore not be a fair, objective process with a judge and a fair-minded defendant who at least has confidence in the system. Of course, not every defendant will have objective confidence in the system, but at least we can assist the process by not creating an opportunity for the defendant to disagree with a judge’s allocation decision and then have to face the same judge making a decision on their innocence or guilt in the trial itself. I use the analogy of juries, because that is what we are discussing, albeit not under this amendment. An important example arises in the family courts, when two people are contesting finances during a divorce. That is an area I am more familiar with, as a former family practitioner, and the principle is similar. I apologise if the language I use to describe the proceedings is slightly out of date; it has been a few years since I practised. A financial dispute resolution hearing is effectively an interim hearing before people get to a final hearing; they are seeking to avoid the final hearing by having a financial dispute resolution hearing. A judge hears the arguments made at that hearing and tries to assist the parties to at least narrow the areas of dispute, or indeed resolve their dispute and come up with an agreement by consent. If consent is not reached at that hearing, the FDR judge will not hear the final hearing, because they have seen things that they cannot unsee and heard things that they cannot unhear. The perception is that the judge has been unable to assist in the settlement, they will be unable to hear an objective final hearing and make a decision. The principle runs through not just criminal courts and jury trials, but family courts and the civil courts. It is a fundamental principle, in this country, that judge who makes a final decision should be as unclouded as possible by earlier arguments or decisions of a more procedural nature. For those reasons, I support the shadow Minister’s amendment. It would not drive a coach and horses through what the Government want to achieve in the Bill. I have already said that I disagree with a lot of the Government’s intentions, but the Government can still do what they want to do while taking the amendment on board. I hope that they will at least consider accepting some amendments. If not, what is the point of scrutiny of a Bill? What is the point of the process?

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  35. ParliamentJoe Robertson

    Courts and Tribunals Bill (Sixth sitting)

    The hon. Member for Chichester has set out the reasoning behind her amendment very well. If the amendment were agreed to, it would not go anywhere near restoring jury trials, but it would plainly be an improvement. The leading argument in its favour is that it is what Sir Brian Leveson recommended. The Government have repeatedly cited Brian Leveson’s review, and rightly so—that is what the Bill flows out of—but as the hon. Member for Chichester says, it cannot be a pick and mix. The Government cannot cite Leveson on the one hand and ignore him on the other. Quite aside from the fact that the opinion expressed in the independent review has been ignored here, there are objectively good reasons why a trial heard by a judge and two magistrates is preferable to a trial heard by a judge alone. For a start, there would be three decision makers rather than one; with a jury there are 12, but clearly three is better than one. But it is not just a matter of numbers. Magistrates could be viewed, and certainly have been viewed, as a hybrid of jurors and judges. They are not judges, and they are not legally qualified people. They bring the quality that jurors bring—varied life experience—to the decision-making process. Of course, in a magistrates court, they are guided in the law by a legally qualified clerk. It is fairly obvious that magistrates as a group are less diverse than the population of the United Kingdom, from which jurors are drawn, but at least they represent a greater diversity and variety of experience than judges. Judges all share one thing: they went to law school, they are legally qualified and they have had a career that is privileged—that is not a criticism, but I do not think it is an unfair word to describe a judge’s career. Magistrates have a greater variety of life experience. To bring magistrates into the decision making alongside a judge, as Sir Brian Leveson envisaged, would be to bring at least some element of a jury trial: the quality of being unjaded by a career in law and being unencumbered by the experience of being a well-paid legal professional. I struggle to support the amendment, because it does not go anywhere near maintaining the system that we have today, but it would at least be a small improvement. It is an obvious point, but judges sit alongside magistrates today; it is a tried, tested and understood approach, not an obscure or novel one. Indeed, appeals are often heard in that way, as I understand it, because there is added rigour in having a magistrate sitting alongside a judge. Of course, having a judge sitting alongside magistrates is an improvement on having magistrates alone, because judges bring professionalism from their legal training and experience of the law as part of the judiciary. There is a benefit there, although of course the benefit is already delivered by the Government’s own amendment, notwithstanding that it is worse than what we have today. I commend, or at least understand, what the hon. Member for Chichester is trying to achieve. It comes from a good place, but unfortunately—this is not her fault, but the Government’s—it does not go anywhere near maintaining the status quo, which in my view is plainly greatly preferable both to her amendment and to the Government’s approach.

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  36. ParliamentJoe Robertson

    Courts and Tribunals Bill (Sixth sitting)

    I echo the points made by the shadow Minister. The issue here is where sentences may go above three years. A sentence of three years or more is fairly significant. The crime, of course, will match the sentence; no one is suggesting that the sentence is inappropriate in these cases—someone has been convicted. However, the issue is that the trial—the fact of innocence or guilt—will have been decided by a judge. Without raking over too much old ground, the point in a jury trial is that on more serious offences, jury decides innocence or guilt. What we have here, without the amendment, is a back-door way for a judge to decide what turns out to be a more serious case than perhaps had originally been thought, because the sentence passed is more than three years. As I understand it, it is not the intention of the Government to capture more cases of that serious nature than they had originally intended would be decided by a judge. They themselves are not arguing that jury trials do not have a place in this country for a great number of cases—unfortunately, not enough after this legislation. The hon. Member for Rugby made the point in an earlier sitting that other Governments have adjusted the threshold, notwithstanding our disagreement over what is being proposed in this legislation. Clearly, the issue with this provision, if it remains unamended, is that more serious crimes, with a sentence of more than three years, will inadvertently get caught. I cannot quite understand why the Minister will not accept the amendment, but I am sure she will address that. Once again, it would not, in any material way, move away from what she is trying to achieve with the legislation, which is tackling the backlog of Crown court cases. Again, that intention that is perfectly well meant. The amendment would not, in any way, get rid of her primary intent to get rid of either-way offences so that they are not heard by a jury. Notwithstanding the fact that I do not agree with her on that, the amendment would not defeat what she is trying to do there. Effectively, what it would do is close a loophole. I invite the Minister to address that point about instances where a judge decides, on their own without a jury, that a case is of significant seriousness—and that may mean complexity that was not apparent at the outset but became apparent during the trial—that he or she wishes to pass a sentence of more than three years. Three years is a serious length of time for someone to be locked up and deprived of their liberty. Wherever we think that the threshold should sit, I think that we all agree that jury trials have a role in this country for more serious crimes. If the threshold can rise above three years through that avenue, how high a threshold is the Minister willing to tolerate? In how many cases is she willing to tolerate that apparent loophole? Maybe she does not see it as a loophole. Maybe there is purpose behind it. If there is, perhaps she can explain why it is important enough to risk even her principle by having more serious crimes—those with a sentence over three years—potentially being heard without a jury. Again, I reiterate that I disagree with the primary disapplication of jury trials for what are now either-way offences. That is not what this is about; this is about the Bill doing something more than the Government may wish to do. I invite the Minister to address that in some detail.

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  37. ParliamentJesse Norman

    Business of the House

    As the House will know, this has been a week of sporting triumph. I think of the Lionesses’ 1-0 world cup qualifier against the world champions, Italy—or former world champions, I should say—and Rory McIlroy defending his Masters title, which was another great moment. Whether or not we play, watch, or even like golf, it was an extraordinary, gripping achievement.

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  38. ParliamentJesse Norman

    Business of the House

    And he is from Northern Ireland to boot. He is an honest man facing his demons and triumphing. What a contrast with the Prime Minister’s failure to answer, or even to engage with, the question at Prime Minister’s questions. The last four Prime Minister’s questions have focused on the Iran war, fuel duty, North sea oil and gas, and the defence review. Of the 24 responses given by the Prime Minister to the Leader of the Opposition, 23 have ignored the question and changed the subject. Yesterday, Mr Speaker, we even saw the Prime Minister hectoring you in your Chair, on live television, just for doing your job. That is a shameful record, for which the Prime Minister should write to you—and therefore by implication to this House—and apologise. This behaviour is contemptuous—of you, Mr Speaker, of the Leader of the Opposition, and of all MPs, now and in years gone by. Our job, however imperfectly we may do it, is to pursue the truth on behalf of those we represent. If we give that up, then heaven help us. It is the Prime Minister’s job to answer, and to hold himself accountable for those answers. No Prime Minister likes to do that, but those are the rules. If the Prime Minister does not like the rules, does not want to offer honest answers, or is not up to it, he should step back and let someone else do the job instead. I thank you, Mr Speaker, on behalf of all of us for maintaining the traditions of this House. I have three questions for the Leader of the House today, and I ask him first if he shares my view that the Prime Minister’s behaviour is wholly inappropriate and disrespectful of this House. This is just part of a wider problem to do with accountability and disrespect for Parliament. My noble Friend Lord Gilbert’s parliamentary question of 16 March asked the Government about authorised Budget briefings to the media. Lord Livermore replied on the Government’s behalf: “Consistent with these principles, there are occasions where the Government will trail and/or announce policy ahead of a Budget to provide context and help the public understand major fiscal events.” This is nonsense. The rules are perfectly clear: major events must be announced first to this House. To do otherwise is a breach of the rules of this House, a flagrant violation of the ministerial code and contempt of Parliament. Previous Governments, as we all know, have done this on occasion, since 1997 at least, and previous Chancellors of the Exchequer have been fired for inadvertent briefings to the media before a Budget, but never before has it been a Government’s declared policy to ignore Parliament. The deeper constitutional point is, of course, that in our representative system of government, the people are Parliament, and Parliament is the people. Nothing good can come of an attempt to undermine the British constitution by this means. I ask the Leader of the House, secondly, to comment on this, and to set out what he will do to get this policy of non-announcement of major measures withdrawn and revoked. Finally, Lord Robertson spoke of the “corrosive complacency” of current political leadership, and of putting our country at risk. He said, “We cannot defend Britain with an ever-expanding welfare budget.” No one has more experience and expertise on defence across the whole of Parliament, in both Chambers. This man, the noble Lord Robertson, was a political activist for Labour since 1961. Just think. He is the last person one could imagine wanting to offer public criticism of a Labour Prime Minister, let alone in these terms—a man Labour to his boots, but a patriot first. It is impossible to blame previous Governments for this. This Government and this Prime Minister created the defence review and the defence investment plan—no one else. It is their choice and their decision. It matters because in every constituency across the country there are companies wanting to know what the Government have decided. They are waiting for leadership. They need to know the numbers and the commitment, and, of course, our adversaries need to know that we are serious in our resolve, and they need to see the measure of that seriousness. My great fear—perhaps it is also Lord Robertson’s great fear—is that the Government will never publish this document, or they will do so in a completely insubstantial and lightweight way, and that 10 months of delay will end in nothing, and it will all have been a colossal waste of time and energy. The Prime Minister has been utterly hopeless on this. He told the Liaison Committee weeks ago that the document was on his desk, yet nothing has happened. I leave it to colleagues to judge the truth of his remarks. I ask the Leader of the House, thirdly, if he will give this House a cast-iron guarantee on behalf of the Government that the defence investment plan will be published, and not simply shelved and forgotten. The one-year anniversary is in July.

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  39. ParliamentJesse Norman

    Modernisation Committee Report: Access to the House of Commons

    I thank the Leader of the House for his remarks, and fully echo both their detail and their sentiment. As he says, accessibility should never be an afterthought. In the case of the House of Commons, there is not just the common decency that goes with trying to support anyone with a disability or another need. A vital aspect of being an effective parliamentarian is that every single Member of Parliament, whatever their background and personal needs, should be able to discharge their full capabilities on behalf of their constituents. That is why it is so central to what we do as a House. Let me join the Leader of the House in welcoming the report. I also very much welcome the response from the House Administration, which is a very constructive document, by and large. We on the Committee are grateful for the constructive way in which the House Administration engaged with our concerns all the way through. I pay tribute not just to the current and previous members of the Committee, but to the former Leader of the House, the right hon. Member for Manchester Central (Lucy Powell), and indeed to the current Leader of the House for steering this ship home to port. I have a couple of reflections to add on this topic. Of course, when we think about accessibility, it is very easy just to think of physical changes to the structure of the House of Commons, but the Leader of House was absolutely right to think about not just Members but visitors, staff and people who use this building in many different ways, and about accessibility in relation to the public’s understanding of what we are trying to do. There is a tradition in British political thought that the House of Commons should have not merely an efficient aspect to it, as Bagehot would put it, but a dignified aspect to it and even a certain mystique. I think there is some truth to that—as a Conservative, I would say that, wouldn’t I? There is some benefit to sticking with procedures that have proven their worth, even if it requires a little bit of effort to understand them. As a result, I would be very suspicious and concerned, on behalf of the House as an institution, about anything that I thought was dumbing down, but I do not think that is what is at stake here. What is at stake here are intelligent simplifications of language and presentation that allow Members to understand from the get-go how they can contribute constructively and effectively to what we are doing. Although the changes that were put through by previous House Administration officials in relation to the Order Paper did not come out of this process, I think that they were very constructive and helpful. The Order Paper is now unrecognisably better than what it was when I entered Parliament just a few years ago. Let me say a couple of other things. The report mentions restoration and renewal, and it is important to keep these two things separate. The House will know that I am an extreme sceptic on the restoration and renewal process. The content of what is being proposed is poorly conceived, and there is a lack of a fixed budget. I am also sceptical about the process that has been followed and the lack of what I consider genuinely effective governance, but it is important to recognise that the report talks about that in order to reflect the importance of accessibility to that process. Whatever decision the House makes on restoration and renewal—I hope it will go for a drastically different version of what we are talking about—it will respect the need for full accessibility to this House and the House of Lords. I do not think that is on the table or up for negotiation at all, but one key point is that when we discuss this, we should not regard restoration and renewal as any substitute—

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  40. ParliamentJesse Norman

    Modernisation Committee Report: Access to the House of Commons

    Thank you, Madam Deputy Speaker. I am afraid you may have been slightly misled by your officials. The report mentions restoration and renewal, and specifically refers to it as something that the Committee was invited to look forward to. Therefore, it is not inappropriate to mention it. The specific point that I am making, if I am allowed to make it, is that we should not defer changes out of an expectation that restoration and renewal, whatever it may be, will be a panacea; we should be getting on with changes as soon as they can be made. One of the things that is so attractive about the work that the House Administration did in responding to the report, and to the Committee, was the energetic way in which it started the process of making changes when they were pointed out. I remember the director general coming forward with several hundred potential changes that could be made, and on which the House Administration had started to make progress. Whatever the future may bring, let there be no delay in making this House as genuinely open and accessible as it possibly can be. Let me congratulate everyone on all the work that has been done so far, the officials who have made it happen and the Committee.

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