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Conservative and Unionist Party

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  1. ParliamentDr Kieran Mullan

    Sentencing Bill

    On a point of order, Madam Deputy Speaker. I know the new Justice Secretary will not want to be accused of misleading the House on such important matters. A moment ago, he referred to the measures before the House not affecting the sentences for people accused of “the gravest crimes”. The measures before the House will reduce sentences for rapists and child abusers. He either thinks that those are grave crimes and wants to correct the record, or he does not—

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  2. ParliamentDr Kieran Mullan

    Sentencing Bill

    Rapists and sexual offenders will spend less time in prison as a result of this Bill. Does she know that?

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  3. ParliamentDr Kieran Mullan

  4. ParliamentDr Kieran Mullan

    Sentencing Bill

    I am grateful to colleagues on all sides of the House for their contributions to the debate, and I welcome the Minister to his post—I think today is his first time at the Dispatch Box. As I have said before, wanting to see more consistent delivery of justice for victims of serious crime was one of the primary reasons I sought election to this place, and I do not think that any Government in my lifetime has universally delivered that. For decades, across parties, our justice system has fallen short far too often. I am sure that many Members from all parties can relate to the experience of hearing about some of the most horrific crimes that take place and being appalled by the sentences given. That is not new, but the question we have to ask ourselves today is whether the Bill we are considering will make the situation worse or better. Will more victims get what we would consider justice as a result of this Bill, or fewer? Since this Labour Government came to power, we have quite rightly been holding them for account for the measures they have already taken to let people out of prison earlier. Members on both sides of the House will be familiar with the consistent debate we have had about pressure on prison places, where responsibility for that lies, and what can be done about it. Labour Members point to our prison-building record, while I point out to them that the pressure on the prison system left by the last Labour Government was worse, and that there are other options for foreign nationals and the remand population. A lot of heat is generated, but there is not much more to it. Labour Members point out that they have had to take emergency steps, and it is true that the measures they have taken have not been permanent changes to our sentencing framework. However, I say to them that the Bill we are considering today does something very different. As the hon. Member for Morecambe and Lunesdale (Lizzi Collinge) and others have demonstrated, I am not sure that Labour Members fully recognise what the Government are asking them to support today. There are measures to be welcomed in this Bill—the new restriction zones and the measures to better track domestic abuse cases, which the Liberal Democrat spokesperson, the hon. Member for Eastbourne (Josh Babarinde), also supported—but there are a number of reasons why I do not support the Bill. We have heard Members including the shadow Justice Secretary, my right hon. Friend the Member for Newark (Robert Jenrick), raise criticisms relating to short sentences, community sentences, Parole Board reform, probation and the Sentencing Council, but I am not surprised that Labour Members do not agree with those criticisms. However, I do not believe Labour Members can sincerely think what I am about to talk about is something they would knowingly want to support. I am going to read out a list of offences: rape; assault by penetration; rape of a child under 13; assault of a child under 13 by penetration; inciting a child under 13 to engage in sexual activity; paying for the sexual services of a child aged under 13; kidnapping or false imprisonment with the intention of committing a sexual offence; and creating or possessing indecent photographs of children. I hope Labour Members felt as uncomfortable being forced to consider those offences and what they entail as I did while reading them out. I am going to read them again: rape; assault by penetration; rape of a child under 13; assault of a child under 13 by penetration; inciting a child under 13 to engage in sexual activity; paying for the sexual services of a child aged under 13; kidnapping or false imprisonment with the intention of committing a sexual offence; and creating or possessing indecent photographs of children. In fact, there are even more of those sorts of offences that we need to have in mind this evening. Why do we need to consider these offences? Because despite what some Labour Members have said to the contrary—without ill will, I accept—and for all the things it does that Members might support, the Bill we are considering this evening will mean one thing for the vile criminals who commit those sorts of offences. It will mean that they are let out of prison earlier, not as a temporary measure in response to the kind of short-term prison crowding challenge that we have debated and recognised, but as a permanent and profound change to our sentencing laws. Members who support this Bill will be putting their name to legislation that will forever change our sentencing laws to let rapists and paedophiles out of prison earlier. The hon. Member for Doncaster Central (Sally Jameson) talked about legacy. I cannot honestly believe that Government Members want to support a Bill that will allow rapists and paedophiles to get out of prison earlier. That is not political posturing or hyperbole or scaremongering, as the hon. Member for Cannock Chase (Josh Newbury) described it. It is not an unfair interpretation or misrepresentation of the Bill before the House today. Rapists and paedophiles—those are the people that Members will be voting to let out of prison early if they support this Bill this evening. Is that really what they came to this place to do?

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  5. ParliamentDr Kieran Mullan

    Sentencing Bill

    The hon. Member will have noted that at the outset of my remarks I said that I have never been entirely in support of all the policies of a Government of either party on these issues. He has every right to make those criticisms, but they do not change the vote he is being asked to make tonight. They do not change the policy he will be putting his name to and supporting. There is no excuse for the things he will be changing on a permanent—not temporary—basis to deal with a short-term prison crisis. I do not think that that is what any Government Member’s constituents want. These profound and permanent changes to our sentencing laws are the exact opposite of what the vast majority of victims, their families and the public want. They will sit on the record of those Members and this Government until the next election. They will need to justify themselves to their voters. I do not believe that the majority of Labour Members, deep down, want to support such changes tonight. It will be a great compliment to party managers if, after this reality has been spelled out to Labour Members, they decide to support this Bill anyway. If they speak to their constituents like I speak to mine, and ask them about child abusers and rapists, their constituents will tell them that they are already concerned by the limited time they spend in prison, which undermines justice. We have heard so many times from Members in this House about the horror of rape and other sexual offences, about the victims of grooming gangs and about the horror of all kinds of sexual abuse. Not once do I recall a campaign or a concern raised by Members that the answer is to make such offenders spend less time in prison. I accept that there is a different debate to be had about different cohorts of offenders and different offences. There is always a tension between prison time as a punishment and helping to rehabilitate offenders. As others have said, and I agree, I do not think the Bill strikes the right balance in that area, but I respect those Government Members and members of the public who would draw the line in a different place from me for certain types of offences and offenders. However, we are not talking about drug addicts stealing to fund their habit, or the young man from a broken home who spent their childhood in care and vandalises the local playground. The hon. Members for Forest of Dean (Matt Bishop), for Peterborough (Andrew Pakes) and the hon. Member for Derby North (Catherine Atkinson), and others coherently and sensibly raised the debates we might have about how long those individuals spend in prison and how we rehabilitate them. However, here we are talking about rapists and paedophiles—criminals who sexually assault children, criminals who create sexual images of children and circulate them around the world and criminals who snatch unsuspecting women walking home through a park, drag them into the bushes and rape them. Those are the sorts of criminals that Labour Members will agree should be let out of prison earlier if they support this Bill. We should be clear that not a single voice among victims’ representatives supports this element of the Bill—not a single one. The Victims’ Commissioner does not support it. The Domestic Abuse Commissioner does not support it. Justice for Victims does not support it. Victim Support does not support it. The Victims’ Commissioner for London does not support it. Apparently, however, we will see this evening that Labour MPs do. Let me also clear up any confusion about the circumstances under which these violent and sexual offenders will be released early. Members, innocently, may have been led to believe that prisoners will have to jump over considerable hurdles to secure early release. In fact, the former Justice Secretary, the right hon. Member for Birmingham Ladywood (Shabana Mahmood) told us they would need to “earn” their release. The reality of the proposals in the Bill make clear what a complete sham that suggestion was. Actually, prisoners will actively need to break prison rules to run the risk of losing early release. That is not earning anything. That is doing what the majority of the public do day in, day out, without any reward—just behaving themselves and not breaking the rules. Apparently, however, if a rapist or a child abuser does it, Labour Members think that should entitle them to walk away from the proper punishment that they have been given for their crimes. In fact, what Labour said to the press in an attempt to manage the news of this terrible set of policies gave the impression that the large discounts amounting to, in some cases, many years off prison time could be quickly reversed for bad behaviour, and that this was a radical departure. While the amount of time after which the Government are choosing to let people out is certainly radical, the mechanism to keep people in is nothing of the sort. As we see in the detail of the Bill, they will simply make use of the existing prison punishment legislation. I wonder whether Labour Members are aware of the average number of days in prison that is added by the prison punishment regime. According to the latest data I could find, the average number of additional days given to a prisoner who breaks the rules is 16. When sentences for rapists and child abusers will be discounted by many months and years, they run the risk of having a handful of days added back on for breaking prison rules. That is shameful, and it does not apply only to the offences that I have mentioned. The hon. Member for West Bromwich (Sarah Coombes) spoke about a 15 year sentence, and about how the victims of the person concerned would feel about their not being given a lifelong driving ban. How will they feel when they are told that instead of serving 15 years in prison, that person will spend five years there? The parlous state of this Government is a blessing for Labour Members tonight. There are many other issues receiving media coverage at present—the political survival of the Prime Minister himself is in question—so they may get away with voting this Bill through unnoticed. However, this is just the first stage. I know that the timetable for the Bill is as short as the Government could make it—just a day of Committee of the whole House, which also means that the many victims groups will not be able to come before the House and voice their objections, and then one day for Report and Third Reading. The Government clearly hope that the Bill will also go through its future stages unnoticed by their constituents, who, they hope, will not know that Labour MPs want to let rapists and paedophiles out of prison earlier. [Interruption.] That is the reality of the Bill that they are voting through. Labour Members are chuntering and saying, “Shameful.” What is shameful is that they are preparing to vote for that policy this evening. Shame on all of them. The Leader of the Opposition, the shadow Justice Secretary and I will do our utmost to hold Labour Members to account for this grave, grave injustice to victims and their families. We will do our best to make sure that their constituents do know, do hold them to account, and do understand the choice that they make in the end. I honestly do not believe, despite the chuntering, that that is a choice many of them would want to make if they had listened clearly to the position that I have set out. I do not think it is a choice that any of them came to this place to make. We have seen Labour Back Benchers exercise their power over the welfare Bill. They can do that again—if not tonight, in future stages of the Bill, because we will seek to amend it. Labour Members can support us in that. Rape, assault by penetration, rape of a child under 13, assault of a child under 13 by penetration, inciting a child under 13 to engage in sexual activity, paying for the sexual services of a child under 13, kidnapping or false imprisonment with the intention of committing a sexual offence, creating or possessing indecent photographs of children—tell your Whips that you will not support people responsible for those offences being let out of prison early. Do your job as representatives of your constituents, do your job as advocates for women and girls—

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  6. ParliamentDr Kieran Mullan

    Sentencing Bill

    Labour Members should do their job as advocates for women and girls and advocates for all victims of crime, and vote against these horrendous proposals this evening.

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  7. ParliamentDr Ben Spencer

    Topical Questions

    T3. My team and I support many families navigating the special educational needs and disabilities system, and one of the challenges is delays in getting access to tribunal justice. As the Secretary of State gets to grips with his new role, will he make shortening those delays one of his priorities, and can he update the House accordingly?

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  8. ParliamentDr Ben Spencer

    Ambassador to the United States

    Will the right hon. Member give way?

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  9. ParliamentDr Ben Spencer

    Ambassador to the United States

    I am grateful to the right hon. Lady, who is very generous. As MPs, we put the interests of the country above all else. What does she make of the decision to appoint an individual to represent our country in difficult negotiations in the knowledge that the other country had compromising information on the individual?

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  10. ParliamentDr Andrew Murrison

  11. ParliamentDr Andrew Murrison

  12. ParliamentDr Andrew Murrison

    Ambassador to the United States

    The Chairman of the Select Committee is being very generous. She is elegantly describing due process and is implying—at least I think she is—that due process may have been set aside for other purposes in this case. However, we know that due process was done because the Prime Minister stood at that Dispatch Box last Wednesday and said that it had been done—unless he is using the Bill Clinton defence, and it turns out that due process was done, but set aside. Where does that leave the Prime Minister?

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  13. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (Second sitting)

    Q37 Welcome to our witnesses—all of you are known to most Members here. From your experience running devolved authorities, what are the potential benefits and challenges of the Bill? Tracy Brabin: Thank you very much for inviting me to give evidence. It is a real pleasure to be here. I am very excited about the way that mayors can help you as you take the Bill through Parliament. When I was a Member of Parliament, I sat on Bill Committees going through Bills line by line, as you are. It is great that we can have our voices heard. The opportunities for the Bill are exceptional. It gives us a statutory footing for mayoral strategic authorities and clarity around the framework for devolution. We have seen from the leadership of the Government that devolution by default is the theme. One challenge when we have not had clarity is that some Departments have bought into that memo and some have not. The Bill gives us the statutory framework so that mayors who are new and are coming on to devolution understand the three tiers. The Bill gives us that great opportunity for clarity, but also elements such as the right to request. You will know that a number of established mayors and mayoral strategic authorities across the country are further along than newer mayoral strategic authorities, have certain powers and are already delivering faster growth than the rest of the country. The Bill gives them the opportunity to request further powers, freedoms and flexibilities. For example, as UK Mayors, we have a consensus on 16-to-19 skills, on careers, and on a visitor levy that would give us the opportunity to have an income stream—£20 million for London and potentially £1 million to £2 million for my own region—that we could reinvest in our regions. The challenges are always about potentially not being brave enough and pulling back from devolution. We have a country that is so centralised. If we continue to do what we have always done we will get the same results. I think this is a revolution of devolution, and I am really pleased to see the enthusiasm and determination of so many Ministers and Members of Parliament to get it over the line. We are also here to help you go further. This is only part of the process. As we say among the mayors, this Bill is the floor, not the ceiling; it will be iterative as we go forward over the years. We are here to support your thinking and help with understanding. Donna Jones: Thank you very much for the question. I have only got positive things to say. This was started by the previous Government and has been continued with gusto by the Labour Government, and I am very grateful for it and welcome it. When the new mayoral combined authority in my area, Hampshire and the Isle of Wight—two counties; 2.2 million people—is created in May next year, it will be one of the largest in the country straightaway. We should have had a devolution deal 10 years ago. I remember negotiating, when I was the leader of a city council, with Greg Clark, the then Secretary of State. We had the deal on the table from the Treasury and it covered about 50% of the geographical area that I currently represent as police and crime commissioner. We lost out. The Secretary of State was shuffled into another Department and it fell by the wayside. That was a great pity, particularly for the health inequalities that we have across my sub-region of the country, and for the businesses that I believe have lost out on inward investment and opportunity—the opportunity cost really is the biggest thing. When you look at the most recent pot of money that the Government announced, in March this year, the roads infrastructure fund— £15.7 billion—I have calculated that my area probably would have got over £2 billion of that money for roads, and we desperately need that. We need a seat around the table that Tracy is chairing and at the Council of Nations and Regions meeting as well. We need a mayor to be championing and spearheading my sub-region. The final positive thing for me is the opportunity in Hampshire and the Isle of Wight, two of the largest parts of the south-east of England. Over the last decade, on average, our gross value added has been about £800 per head under that of the rest of the south-east. We have opportunity, but we do need some investment and we need someone to be spearheading. I do not really want to be negative, but I am going to identify one challenge. I think it will dissipate over time, but to start with, for whoever becomes the mayor of Hampshire and the Solent, it is going to be a bit of a sales job, because the public are saying, “It’s another layer of government.” On the whole, there is a lot of misunderstanding around the opportunity that is coming. However, over time, when you are able to demonstrate the programmes you have delivered, the investment you can secure and the positive things that can come out of working closer with the Government, I think the public will very quickly come around to the fact that they really do desperately need a mayor for Hampshire and the Solent. Ben Houchen: I will pick out a few points. First, to directly answer the question, I think the planning powers coming through the Bill are going to be hugely helpful. Giving mayors a strategic role in that, including in setting the spatial framework—I appreciate that we used to have spatial frameworks and we are coming full circle back to them—and having democratic oversight invested in a single individual, or what people see as a single individual, anyway, is really important. Obviously, we will have to get the permission of the majority of the councils within the combined authority area, but having that focal point is really important. The drawback of the planning powers is that they are going to be very slow to arrive. The current indication from the Department is that by the time the legislation has passed and all of statutory instruments have gone through, we will not get the powers until maybe July, potentially September, next year. That is a long time to wait for powers that I think we can all agree are going to help with our growth and progress as a country. The other thing that is still to be clarified is how we will be able to exercise those powers. There is still some grey around what types of planning permissions we will be able to instigate ourselves, through mayoral development orders, and what we will be able to do to call in. In effect, we are getting similar powers to the Mayor of London, but at what threshold? In my area, Teesside, being able to call in maybe 10, 20 or 30 houses would be significant to drive through development and growth, but we are not sure whether the threshold is going to be set at 20 or 30 houses or at 100, 200 or 300 houses. Some clarity on that is going to be really helpful. The reason we need the clarity is that we are all in the process of having to set up the teams within the organisations, and recruit the planners and the experts. That really needs to start now, and without that clarity it is quite difficult to take that step forward. But planning is substantially the best power within the Bill to date. I personally think—as a mayor, I would say this; I am sure Tracy would agree with me—that more mayoral powers give us directly elected mayors more democratic oversight and accountability with the public. The other side of that coin is that there is a rebalancing of powers at the combined authority, slightly away from the collective of the councils that we have in our combined authority cabinet, and towards investing direct powers in mayors. I absolutely do come down on that side, not just because I am mayor, but because there is a way in which you can make quicker progress by investing more mayoral powers, whether in the establishment of development corporations, in some of the planning powers or in various other things in the Bill. We saw it a little bit at the end of the previous Government, but we are seeing with this Government an acceleration of those powers. Again, it really depends which side of the fence you sit on whether that is a positive or a negative. Single pot has been parroted as a huge success. I think it is a good success and a good step forward, but I am mindful that we should not over-celebrate something that is not the success that it is sometimes portrayed to be. There are still a lot of restrictions on how you can move the money around. Sometimes it is communicated as, “We’ll have a pot of money and it will be for us to decide how to move those pots of money around.” Actually, within the rules, there is a percentage of money that can be moved from one pot to another. Even within that, sometimes, there are so-called retained projects; in particular, for example, with transport money, the Department for Transport keeps its claws in by saying, “Okay, it’s your money, but we’re going to keep oversight of this project,” and if it is not happy, in effect it has a veto on taking it to the next stage. It is a good step, but it feels, throughout the Bill, that we have taken half a step from where we want to be. That is not a criticism—the Government have done really well in getting the Bill to where it is. This goes to the point about the right to request. Nobody wants to have taken the strategic decision about what devolution should be, so the Bill is a bit of a halfway house to move devolution on a bit. I think we need, as a collective, and as a UK Government, to decide on the future destination of devolution. The Government have only been allowed to get to where they are because that question has not been answered and, to be frank, it was not answered for three or four years under the previous Government either. The Bill is a good step forward, but there are lots of things to be cautious about. I make those points because if we want to go as quickly as the Government have said—and I completely agree with their rhetoric around growth—it could have gone a little bit further, a little bit more quickly. Tracy Brabin: Not every mayor has the potential for the integrated settlement at the speed at which they feel they are ready. That is a challenge. For Members’ understanding, the organisation is funded from top-slicing of projects, so there is a real desire from mayors to have dedicated funding to run the organisation—for example, your legal or HR departments. Everything is top-sliced from projects. That is not necessarily the most sustainable or strategic way to fund an organisation.

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  14. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (Second sitting)

    Q A fairly straightforward question: what is your view on whether mayoral precepts should be limited? Should there be any constraints on their use to cover some of the debts currently held by some of the authorities that may be merged into what eventually emerge from this process as mayoral combined authorities?

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  15. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (Second sitting)

    Q At what level, or by what mechanism, do you think the views of local businesses, particularly smaller businesses, should be captured and used to influence the decision making of the new authorities that will come into being? I was very conscious listening to your descriptions that you very ably depicted some issues that those businesses might face. How do you make sure that the mayors, and the decision makers feeding into those mayors understand what the impact of those decisions will be, and take those views into account? Andrew Goodacre: That is a good question. What works well at the moment is the business improvement district model. Where it falls down slightly again depends on the people involved. A good BID represents the voice of local businesses, which are paying through business rates, because the levy is on the business rate, as we know. What I saw in Enniskillen at that time was a BID that really listened to its stakeholders, shared ideas with them and took back the feedback. One of the things introduced there was an Enniskillen gift card that could be used in any shop in that area—ideal for the tourist market that it is trying to appeal to. We should establish BIDs; the problem with them is that they can be very indifferent, in terms of their make-up and the quality of them. Again, the funding often becomes a point of contention because you are adding to business rates, which is already a massive point of contention for most business owners. In a way, I would like to see BIDs funded in different ways, through the devolution White Paper. Their performance would therefore be a bit more targeted. Part of their performance metrics should be the ability for them to show that they have engaged, understood and taken forward what local business people want, in my case, within their high street. Allen Simpson: An observation: if you are looking to drive growth, by definition you are looking to bring in businesses that are not there or do not exist, so to some extent your problem is how you consult businesses that do not currently exist. To some degree, it is less about having consultation with specific businesses and more about having an approach that is pro the foundation of businesses in a given area. Clearly, there will be examples where licensing rules could be better consulted on so that existing businesses can expand, but I wonder whether it is less about consultation and more about taking a proactive approach to growth.

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  16. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (Second sitting)

    Q I would like to ask you some questions about the risks you outlined in broad terms, and how they play out in the context of the devolution and reorganisation envisaged in the Bill. For the record, I was involved in launching public sector audit appointments some years ago. In a local authority, there is the collection fund, which essentially covers all the income that it is due to collect, then there are pension schemes, the dedicated schools grant, the housing revenue account and the parking revenue account, where there are slightly variable legal ringfences. All of those pose risks and many of them are impacted by elements of the devolution proposals affecting who will be responsible for decision making and what that revenue might underpin in terms of borrowing or day-to-day expenditure. Will you give us a sense, from your experience, of what the risks are, what the potential opportunities are and where changes are needed to, for example, the ringfences, and your views on the inclusion of the dedicated schools grant in the annual, legal council tax-fixing process, which might help or hinder the proper management of some of those financial risks. Gareth Davies: Do you want to go first, Bill? Bill Butler: Yes, then you can agree with me.

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  17. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (Second sitting)

    Q I have two questions that follow from that. On that last point, I know that CIPFA has argued that a much higher degree of consistency is needed in the way statutory balances are accounted for, and I am conscious that that can make millions of pounds of difference at an individual local authority level. I am interested in your views about how the new arrangement should or should not seek to constrain decision making in order to improve consistency. Secondly, in respect of specific funds, in debates around devolution, it is often argued that, for example, there should be freedom to spend the proceeds of the parking revenue account beyond the current constraints—that the revenue, for example, should be used to prop up social care, or whatever it may be, in a way that it simply cannot within the current legal framework. Do you have any views about decisions or tweaks that the Bill should make to those arrangements, based on the risk and assurance issues you have outlined? Bill Butler: Not from where I sit. It is a policy area that I would avoid, although I understand why you would ask the question. Gareth Davies: Yes, I am required to avoid it. The reason I am here today is to discuss public audits, essentially, rather than policy decisions on those kinds of financial matters. Clearly, there is a point at which the two things meet, which is really where we are talking now, but it is not for me to give a view on what should or should not be in a ringfence.

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  18. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (Second sitting)

    Q What about the CIPFA guidance point? Can you address that? Bill Butler: There is a standard basis for it standardisation and simplification so that you can move between sets of accounts. It seems hugely sensible. Interestingly, I can remember having similar discussions in the early 1980s, when I first qualified, with the then Department of the Environment’s technical advisers. We have made some progress. Yes, the inconsistency is odd. As Gareth said, it causes problems for auditors as well, because they move between places. It does not help the underlying problem that we have been discussing.

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  19. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (Second sitting)

    Q The previous panel addressed some of the complexities of the local government finance landscape, with the different accounts and so on. I am interested in your perspective as someone from the audit sector that receives many of these contracts, first on the challenges involved in skilling up the sector with the necessary knowledge and training. I am also interested in your perspective on the standardisation question. I think we all understand that audit is sometimes more of an art than a science—sometimes the other way round. How do you end up with something where everybody understands what is expected of them, in the context of a high degree of transparency that often is not really there in the commercial sector? How do decisions to deviate from that standard impact on the wider perception of the state of that organisation? Mark Stocks: Local government accounts are complex. These are highly complex sorts of businesses, if I can use that phrase, that deal with any number of services. What we see now are local finance teams who are stretched, to be candid. There has been a lack of investment in them over the years. Gareth talked about trainees going from the Audit Commission into local government, but that does not happen now. There is a bunch of people who are around 50, who may be disappearing in the short term, so we have to sort out the strength of local government finance teams. As I said, we also need to sort out the complexity of the accounts. In terms of the standards, all local government accounts are under international financial reporting standards, and that will not change. That is a Treasury requirement. How that is interpreted and what is important in those accounts is open to judgment. The emphasis from the LAO on whether it is more important for us to audit income or to audit property will make a difference to what local auditors do. I would always argue that it is more important to audit income. It is very difficult to standardise anything that we do, because local government is not standardised. I can take you from a district authority that spends £60 million, most of which is housing benefit, to an authority that spends £4 billion and has significant regeneration schemes and companies. The skillsets that you need and the ability to standardise is very difficult. You have to have the right skills to do the work.

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  20. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (Second sitting)

    Q I would like to ask you to enlarge on this subject. The point at which Professor Denham finished was a helpful starting place. I think we all share the desire to see that level of community empowerment. What is very striking, when we compare local government in all its forms in the UK with what is well established in other countries, is how little of it there is, relatively, and how few powers people in local authorities already have. One of the concerns we flagged is that the chosen footprint of half a million envisages, in shire England, the elimination of 90% of existing local councillors in one fell swoop. I am interested in how, in the context of a country that is already massively under-represented at local level, we can address that manifest democratic deficit in this process. And to come to the point that both of you have touched on, the Bill as drafted assumes power upwards to mayors, and it introduces a raft of powers—in chapter after chapter of the Bill—whereby the Secretary of State will direct the mayor and the authority, requiring them to produce various strategies. In a country that is already very centralised anyway, how do we develop and encourage local leaders to come forward in a context where there will be significantly fewer roles for them to fulfil, and where those roles will be significantly more constrained than they have been used to? Professor Denham: Let me break that down into a number of sections. First, on local government reorganisation and size, I will be straightforward: Sir David and I did not propose local government reorganisation. We proposed creating what would now be called strategic authorities from what we generally call upper-tier authorities—the unitaries and the counties. I am not saying that there would not have been a need down the line to do something about what will be a messy system, but in terms of getting growth plans and those things up and running—I just put that on the record, because I am not going to get too far into the issue. However, if you are where you are at the moment, I would commend the idea of community empowerment plans and a proper legal framework for devolution below those levels. What I would say, though, is that there is a level of devolved function that needs to operate at the level of strategic authorities. If you are going to have really good local growth strategies, and if they are going to tie into a national industrial strategy, it could not be done, say, at the level of a city such as Southampton, where I was an MP for a long time. You need a bigger body. However you do it at the micro level, that strategic level must operate effectively. To tie my threads together, if you go to other European countries with a higher level of devolution, they have an intermediate forum between the strategic body and the national, where these issues are thrashed out, best practice is worked out and, in a sense, the Secretary of State does not exercise their direction powers without discussing it with the mayoral council first. You actually say, “How is that going to work then? How is that power going to be used?” So building in that layer means the right sort of compromise between the desire of Governments to get on with things and the need to engage people at local level. That would be one way of dealing with it. You are inviting me to say we should keep all the district councils, but I am going to pass on that one, because that was not part of our proposals. Zoë Billingham: Let me just build on that and the question of scale. As John says, the proposed 500,000 scale of the unitaries post-reorganisation is very large compared with European counterparts, and that poses some big questions, not least whether the projected efficiency savings will be realised. However, town and parish councils still exist within the system, and we have previously done work that looks at what we call the hyper-local tier of governance. While they are imperfect bodies, there are improvements that can be built upon at that hyper-local level, in addition to having some sort of formal forum, as John says, to engage with communities. If the neighbourhood area committee proposal continues as planned, I would really urge that to be—the majority—taken up by community leaders and young people. There are other ways that we can help to counterbalance this through democratic innovations. There was talk, for instance, about remote meetings and remote voting, which are not currently available. Especially when you speak to young people about why they do not engage with local politics, they say that meetings are at the wrong time and too far away, and if you do not have a car, you cannot get to them, especially in rural communities. So I think this could be a real opportunity to see how normal council business is done and improve on it. Finally, to build on the point about participatory methods, it is about making sure that unitaries are committed to properly engaging with their communities on the big questions they face, and not seeing it as distancing from communities.

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  21. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (Second sitting)

    Q To pick up on the point about a democratic deficit, one of the things that has been much debated is that the Government have embarked on two major pieces of legislation: the Planning and Infrastructure Bill, and the English Devolution and Community Empowerment Bill. Both will have a huge impact on the policy area, particularly around housing. We know that housing delivery has collapsed, and part of the solution to that in the Planning and Infrastructure Bill is to strip out a lot of the environmental protections, which you have referred to. Then the devo Bill comes along and removes much of the community voice as well—for example, by reducing the number of planning applications that may be considered by a local planning committee. Can you tell us a little bit about how, perhaps in an ideal world or a more optimal world, that community voice could be secured behind the delivery of the types and number of homes that communities want, but in a way that best reflects the needs of those local communities and those areas?

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  22. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (Second sitting)

    Q I think we have established that the Department has not done an independent assessment of the financial impact of the reorganisation that has been described, so we do not know where we stand with that, but let me push for a little more clarity on the footprint. It is clear from the representations from local government leaders that the Government had previously given them the steer that unless their bid was for a footprint of around half a million, or had a very strong justification for why it was larger or smaller than that, the Government were unlikely to approve it. That was the evidence given to us by the previous Minister. Clearly, a number of those authority areas are in the process of finalising their bids, and in some areas there is dispute at different levels of local authority as to what the footprint should be. Many of us will have been pleased to hear you say earlier, Minister, that that was flexible, in your view—that it was not intended to be a strong guideline, but was something where you were looking at a much greater level of latitude. So that we can have assurances in relation to the relevant groupings later in the Committee process, will you commit to all those local leaders—in particular any who have submitted a bid on the understanding that it had to be around that 500,000—that there will be the opportunity to revisit that if it was not dictated by their local circumstances and preferences but, in their minds, something required by the Government?

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  23. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (Second sitting)

    That is the question. Miatta Fahnbulleh: I come back to, “What is the purpose of this?” We are not doing reorganisation for the fun of it—it is not fun. We are doing it because we think it will help us to drive certain outcomes. Our assessment is that around 500,000 is the sort of scale that allows us to do certain functions. That has to be consistent and compliant with what makes sense locally. The whole purpose of localism is that you have that interaction between the two. We have therefore given a benchmark for what we think makes sense, but when we look at proposals we will, of course, take into account the specific circumstances. If an authority comes forward with 100,000 or 200,000, we are likely to say that that probably does not cut the mustard, but we want to have that conversation, because fundamentally this has to be aligned and make sense on the ground. Otherwise, none of this will play out in the way that we want it to.

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  24. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (Second sitting)

    Just to check—

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  25. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (Second sitting)

    Q May I put a point of clarification? If there is no independent financial assessment, on what basis do the Government have a view that 500,000 is the most efficient size? Miatta Fahnbulleh: I come back to the fact that it is not just about savings and efficiency, but about removing fragmentation and about what makes sense in terms of the types of services that we are asking local authorities to deliver—it is a whole set of things. That is our benchmark, but ultimately the basis of localism is to say to places, “Given these parameters, what do you think makes sense?” We will use that to make decisions.

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  26. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (First sitting)

    As per my entry in the Register of Members’ Financial Interests, I am a director of Localis think-tank, which has contributed evidence. I am also a parliamentary vice-president of the Local Government Association and for London Councils, which has also submitted evidence.

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  27. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (First sitting)

    Q This is a question for both of our witnesses. The title of the Bill is the English Devolution and Community Empowerment Bill. Both of you have very deep roots at community level in representing the voices of local people. Could you set out your views about how the measures in the Bill will impact on the ability of elected parish, district and borough councillors to exercise that power, control and voice on behalf of those residents and communities? Sam Chapman-Allen: To start off, at the DCN we are absolutely in favour of devolution as long as it is meaningful for our local community. I think the threat and the concerns that we have so far with what is presented in the Bill is that district councils, which are responsible as the planning and housing authority, have no seat round the table of the new strategic authorities that are being established. If we want to work in partnership with this Government, delivering 1.5 million homes, you need those planning authorities around that table. Beyond that, many things are missing. If we look at what is being devolved from Whitehall and those Whitehall Departments, it is very short in its forthcomings. Some of those powers are just about recentralisation. If we are going to achieve what devolution should be, which is a bottom-up approach where local residents get to shape what their local communities look like, and the centre truly devolving, you need to make sure that those constituent councils—which are the housing authority and the planning authority, and are in control of economic growth—have a seat round that table to drive that agenda forward. Justin Griggs: At the National Association of Local Councils, we have long advocated for a shift of power out of Whitehall and into our communities, but it is important that that devolution goes beyond the regional, sub-regional and principal authority levels, and into communities themselves. That is why we welcome the ambitions, taken together, that the Government have set out in the White Paper and the Bill. They provide some helpful recognition of the important role that parish and town councils play in their communities—as local leaders, with skin in the game, who know their places best, and providing a wide and growing range of hyper-local public services, such as using neighbourhood planning to plan for housing within their areas, tackling the cost of living crisis, stepping up to support communities during the covid pandemic and working with their communities on climate change. However, it is important that the Bill goes further and takes more steps to strengthen communities, and parish and town councils. It is helpful that there are measures in the Bill that seek to strengthen the relationship between strategic authorities, unitary authorities and parish councils. That could very much be strengthened. But there are a number of other areas that the Bill could be strengthening to support parish and town councils to do more for their areas, to work with mayors and strategic authorities, and definitely to support colleagues in principal authorities to deliver public services in what is a very challenging financial environment.

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  28. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (First sitting)

    Q Thank you very much to both the witnesses. It has been a helpful start. Councillor Chapman-Allen, you referred to the role of your constituent authorities in the planning system. We know that a big focus of the Government is around an increase in housing. What impact will that have on the ability of the overall system to deliver the necessary number of planning permissions and the necessary strategic planning—undertaking this extensive reorganisation, which involves, essentially, the abolition of most of those planning authorities at the same time? Sam Chapman-Allen: The reason why my members are able to successfully deliver 45% of all new homes across the country is localism. It is being close to those communities and able to work across every mile within our villages, towns, cathedral cities and coastal communities. But it is about taking our communities with us, to understand where those houses need to be built, what the challenges are and how we overcome them together. When you begin to introduce strategic authorities at a large scale, which sometimes seem very distant, you have to have that piece in between it to allow people to have a local voice and representation. How can a mayor, sitting in a strategic position, be supposed to deliver on housing and planning, when the local authority, which is responsible for housing and planning, does not have a seat round that table? That is the challenge and the risk. This Government have a clear mandate of 1.5 million homes. To achieve that, they need all those councils round that table. We need to make sure that the public have that ability—democratic accountability at a hyper-local level—driving forward not just housing but also wider place-shaping.

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  29. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (First sitting)

    Q One of the issues that we aired in the debate when this subject first emerged on the Floor of the House was that at the Government’s chosen footprint of 500,000 minimum population, the Bill implies the abolition of 90% of the local elected representatives in each of those areas. I know the cross-party concerns about the risk of losing that community voice. With your experience at community, district and borough level, it would be helpful for you to spell out what you think is the impact of that potential democratic deficit, especially on contested issues such as planning. Sam Chapman-Allen: You will appreciate how busy your inboxes and mailsacks are, with the casework that you receive daily from your residents. When you begin to remove councillors, that casework does not disappear; it just becomes a bigger challenge for a single councillor. The risk is as we begin to get bigger those mega-councils, and we begin to think about how to ensure that those councillors can represent their communities. Does it become a full-time job? Does it then preclude other people from being able to stand to become community champions? The reason why local government and district councils work successfully, in the same way as London boroughs and Manchester metropolitan councils, is because they are hyper-local. There are circa 200,000 to 350,000 residents per council, and they have local councillors representing a couple of thousand people. As we move forward with mega-councils, the risk is that a single councillor will be representing some tens of thousands. The independent think-tank Localis has done some analysis of the current proposal for a 500,000 threshold. We could see 90% of councillors across shire areas removed overnight. That would be a democratic deficit and an absolute catastrophe. If we look back through the pandemic, as Justin has alluded to, community councillors were out every single day, just as you were as MPs, supporting the most vulnerable, making sure that communities could bounce back and, more importantly, giving support to local businesses to make sure that they could bounce back as well and grow from strength to strength. My concern is that if we begin to move ourselves to a distant model, there will be a democratic deficit and unaccountability, and the ability of a councillor to know that every resident, street, business and community leader will be lost.

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  30. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (First sitting)

    Q I have a question on accountability for all three panellists. With the proposals for the new mayoral roles and the reorganisation of local government, a key challenge will be ensuring that the mayor, on a large footprint, is accountable at a local level. There are different systems in place in London and Manchester, for example, which are probably the best-known mayoral authorities at the moment. I would be interested in your reflections on what you think works well, and on what challenges the Government might need to fix in this legislation to ensure the accountability is really effective. Bev Craig: Good morning, I am Councillor Bev Craig. I am a Local Government Association vice-chair and leader of the Labour group. I am also the leader of Manchester city council, a city of 630,000 people. In my spare time, I am also the Greater Manchester combined authority deputy mayor for economy, business and international issues. In response to your question, the first thing to say is that, across the Local Government Association, we have been calling for devolution from Whitehall to communities for quite some time. We have spent a lot of time thinking through what accountability looks like in that context. As we move from combined authorities to strategic authorities, it is important to make sure that the Bill reflects not only the competencies of local authorities within new strategic authorities but points of collaboration. For example, in the Greater Manchester system, each of the 10 local authority leaders holds a portfolio. That is perhaps a key difference from the London model, where deputy mayors appointed by the Mayor of London hold a portfolio. From experience, looking across the country, we think it is really important to bind organisations that have different competencies in different areas into the same shared goal in a place. Many of our members have raised with interest what will happen in the move to majority decision making, rather than consensual decision making. From the LGA’s perspective, we have been quite keen to keep that under review. As it currently stands in Greater Manchester, it is consensual decision making that leads us into a place. A model that binds in local authorities from the beginning is really important. Let’s be honest, in my place, we are the ones building homes. My local authority and I are contributing to growing the economy, and Greater Manchester benefits when we work as one. Kevin Bentley: I am Kevin Bentley, the senior vice-chair of the LGA and leader of Essex county council. Also, Matthew is actually the leader of Suffolk county council, not Sussex county council. There is no such authority as Sussex county council, unless something dramatic has happened overnight that we are not aware of—that would be rapid devolution. I absolutely agree with what Bev has said, and we already have that form of scrutiny with police and crime commissioners, and it works well. That works on a model where constituent parts and people who are not necessarily in leadership roles actually have the ability to scrutinise. In the same way, we have scrutiny panels that could hold the mayor to account, which is important. Every action has a consequence, and every action should be challenged on behalf of the public. I absolutely believe there should be good scrutiny of mayors, and I think any mayor would welcome that good scrutiny. Matthew Hicks: I am Matthew Hicks, the leader of Suffolk county council and chair of the CCN since last Wednesday. Sorry I could not be with you today—diaries are still clashing a bit. I agree with my colleagues, as I think it is critical that we look at the mayoral commissioners and ensure they are subject to effective and proportionate scrutiny and accountability. Mayors can be voted out every four years, but genuine democratic accountability is really important. I think having structures in place on scrutiny, overview and audit will be key.

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  31. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (First sitting)

    Q Councillor Hicks, your point about audit is probably a good entry point for my follow-up question. We are aware that a very large proportion, more than half, of education authorities have a council-killing debt associated with the high needs block in their dedicated schools grant. The Committee has received many representations about the indebtedness of some authorities in areas that are proposed to be part of these mayoral combined authorities. Do you feel that sufficient attention has been given, and that there is sufficient assurance in the system that those debts and deficits will not be a financial barrier to delivering the ambitions that you all share for the new authorities? If so, could you tell us a bit about that? If not, how could that be addressed? Kevin Bentley: It is a constant conversation. With the high needs block, you are talking about a system that needs to be changed rather than just an issue at the money end—that is perhaps another conversation for another panel. It needs to be addressed soon for the sake of society. The debt question is a live one. The LGA and constituent councils within the DPP are talking to the Government about debt. Of course, there is good debt and bad debt. Asset debt means that a council is doing things, which is very good, and there are other debts that are not good. We are aware of the councils in that situation. It is a constant conversation. My view has always been that we cannot allow any new authority to start with a major deficit that it cannot cover. We must have that serious conversation with the Government, and we are having those conversations. Has enough attention been given to it? I would like to see more. Bev Craig: That is a fairly consistent point across Local Government Association members. A significant underfunding of local government has built up over the last 14 to 15 years. There is a big job in taking local authorities back from the brink, which is a conversation for another panel. It is one of the reasons why we will continue to make the point that a well-resourced, well-run local authority can transform and change communities, so they need to be resourced in a way that they can do so. Matthew Hicks: I echo that. From the CCN’s perspective, SEND is one of the biggest issues, and the growing DSG debt is a huge issue. The Government have said they are going to look at that imminently, and we would absolutely welcome positive changes. That debt is growing, and it is almost unspoken. It is critical that we understand that debt, but also understand the impact if we were to have fewer unitaries. That debt would be transferred to those new unitaries. How would very small unitaries cope with that?

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  32. ParliamentDavid Simmonds

    English Devolution and Community Empowerment Bill (First sitting)

    Q This question is to both witnesses. There are a number of different elements in the Bill on which you have relevant expertise, but can you give the Committee your view on the impact of the envisaged reorganisation on the planning system? What impact will the measures in the Bill about upward-only rent reviews have? Ion Fletcher: Good morning, everyone. My name is Ion Fletcher. I am the director of finance policy at the British Property Federation. Our members own, develop and invest in both commercial and residential property across the UK. In high-level terms, our members have had a good experience with devolution so far. Having combined authorities with responsibility for planning, transport and place making, and strong convening powers, means that our members are able to invest with confidence, knowing the strategic aims for that area. We hope to see that replicated with strategic authorities. We can get into more detail—Cat is better placed to comment on the reorganisation and the impact on planning. We feel that the way that upward-only rent reviews were introduced into legislation without any meaningful consultation is not good policymaking. We feel that it will not do much to help the high street and it could have a negative impact on new investment and development. Catriona Riddell: Hello, I am Catriona Riddell, a strategic planning specialist. There are two components to this. First, it is about the fact that fewer than 30% of local plans are up to date. That is partly because all the decisions and all the financial, technical and political risk sit with individual local planning authorities. It is right that there is a separation of decision making in the way that we had before 2010 for 40 years. If that decision making is now through the new strategic authorities, that is probably the right place for it in terms of the new spatial development strategy, which I know sits with the Planning and Infrastructure Bill. However, there is no point in strategic authorities having the responsibility to prepare those strategies if they do not also have some responsibility to deliver them. The range of delivery mechanisms set out in the Bill will help that. For example, in the last few weeks, the Mayor of the North East combined authority announced a massive housing development in Newcastle on a site that has been derelict and unviable for many years. She has used her convening and financial powers to bring together Homes England, local authorities and others to bring forward development on that site. On the delivery side, the powers and funding that the mayors will have to make sure that spatial development strategies and local plans are implemented will be really important In terms of local government restructuring, it is fair to say, as everybody has already this morning, that resources are thin on the ground. They are getting thinner the longer this goes on. People want a resolution. They want to move to the new local government structure as soon as possible to make sure that the resources within the local government family remain. But, again, before 2010, for 40 years planning resources were done in two ways. The strategic level is where all the specialist skills sat, and then the planners and others were within the local authorities. They worked as two parts of the same team. We do not have the specialist skills in local authorities anymore; they have to pay to bring that back. A lot of specialist skills are rare anyway, so they are difficult to get. Having some teams and general support at the strategic scale will be invaluable to local authorities going forward.

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  33. ParliamentDavid Davis

    Ambassador to the United States

    I beg to move, That this House has considered the appointment process and the circumstances leading to the dismissal of the former United Kingdom Ambassador to the United States, Lord Mandelson. Sometimes exquisite coincidences happen in this place. We have just seen a Bill presented on the topic of public office accountability by the immediate past Foreign Secretary, the now Justice Secretary. I will just read to the House the first line of its description: “a Bill to impose a duty on public authorities and public officials to act with candour, transparency and frankness”. I think I might return to those issues in the course of what I have to say. As I have said, this is a matter of utmost concern across the House. It is an issue that does not just concern the Conservative party, the Scottish National party or the DUP; Members from all parts of the House are worried about it, as we have seen in the newspapers. The Government have key questions to answer, and as I said yesterday, the central question is: who knew what, and when? Let us be clear, though. There are many questions on many levels in this matter, and the Government must answer them all; so far, they have singularly failed to do so. The questions fall naturally into four categories. First, was Peter Mandelson ever an appropriate character to appoint as our ambassador? [Hon. Members: “No.”] Well, we will get to that later. Secondly, what was the procedure for vetting, was it properly followed, and why has it gone so horribly wrong? Thirdly, what has happened in the last couple of weeks to lead to the demise of the former ambassador—who made the critical decisions and why? Fourthly, what do we do now? How do we make this Government tell the House and the nation the truth, the whole truth and nothing but the truth—which in itself would be a novelty for Lord Mandelson? Let us begin with whether Lord Mandelson was ever an appropriate selection. As I said yesterday, our ambassador in Washington stands at the nexus of our most important bilateral relationship. For those who have not served in government, it is the one bilateral relationship run by No. 10, not the Foreign Office. That is because it is so important, and it is a role of exceptional sensitivity. More classified information crosses the ambassador’s desk than gets to most Cabinet Ministers. Indeed, in British embassies, the agencies report to the ambassador. It is not the same in American embassies, where the CIA does what it wants. Our agencies report to the ambassador, so it is a sensitive post. Today, Peter Kyle—I have forgotten his new post—said that global circumstances dictate that the position of this particular ambassador is more important than it has ever been, and it could easily go terribly wrong. The failure to appoint the right person has already had a serious and deleterious impact on the national interest.

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  34. ParliamentDavid Davis

    Ambassador to the United States

    There is no doubt that the right hon. Lady is correct. Frankly, I am going to try not to make this ad hominem about the Ministers who made decisions; we need to make that decision later, as it were. She is right that it has diminished the standing of our Prime Minister, and I regret that. Although we are the Opposition, I want this Government to succeed in the national interest, and this is doing the opposite of that. The ambassador’s conduct, both prior to appointment and during, must reflect the highest standards of integrity—that is fundamental, and it is true for any ambassador.

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  35. ParliamentDavid Davis

    Ambassador to the United States

    The hon. Gentleman is absolutely right. When we look at the mechanisms engaged, as I hope we will in the course of this debate, we will see why the Prime Minister made the wrong decision. There is no doubt in my mind that he did.

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  36. ParliamentDavid Davis

    Ambassador to the United States

    I understand all too well the point that the hon. Gentleman is making. Many have made it in the newspapers, although generally anonymously. A double standard applies to the top of the Labour party—Labour royalty, if you like—as opposed to other people who have been punished for doing their job, representing their people and so on. He has got a point.

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  37. ParliamentDavid Davis

    Ambassador to the United States

    I will give way, but then I must make some progress.

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  38. ParliamentDavid Davis

    Ambassador to the United States

    The right hon. Gentleman is exactly right. We will come to a number of circumstances in which information was available and should have been, but was not, acted upon. This was not as hard as some may try to portray it as being: after all, the appointment did not come as a surprise. Lord Mandelson himself was clearly campaigning to become the ambassador after failing to win the chancellorship of Oxford University. Indeed, someone told me that he was actually campaigning for the ambassadorship while also campaigning for the chancellorship, so he was after two jobs, not one. It was clear at an early stage that he was going to attempt to do this, and there was widespread discussion at the time about his suitability for the role, so there was plenty of time for a preliminary investigative or vetting process. There was, and is, a vast amount of data in the public domain. Most of what I will speak of today is public domain material—I will explain when it is not. What would those conducting that vetting process be looking for? A number of us on these Benches and, I would imagine, on most Benches have been through such processes ourselves. Traditionally they would review the history and personality of the candidate, assessing risks, such as the risk of the candidate being susceptible to undue influence, or, in extreme examples, blackmail—the Russians and the Chinese collect kompromat all the time; the risk of the candidate abusing or misusing the role; the risk of the candidate doing something that would cause reputational damage; or the risk, with which some on the Labour Front Bench may have difficulties and which they may find rather old-fashioned, that the candidate is too morally flawed to be given a major role in any case and fails a simple ethical test, which is where we may arrive in a moment. I am afraid that I am old-fashioned. I view ethical tests as an absolute, which cannot be traded off against some benefit or other. In the history that I am about to detail, we see a Peter Mandelson who is easily dazzled by wealth and glamour and is willing to use his public position to pursue those things for himself. This was visible very early in his career, even to his friends. In 1998, he was sacked as Trade and Industry Secretary for failing to declare a pretty enormous interest-free loan that he had received from Geoffrey Robinson. At that time Mr Robinson’s businesses were being investigated by Mandelson’s Department, so there was a clear clash of interests, and Mandelson did not even declare the loan. That was the first occasion on which we saw so publicly the abiding flaws in his character, which would generally disqualify any normal person for a job as important as this. Even his friends saw that. One of his flaws was described plainly by one of his friends back then, who said: “Peter was living beyond his means, pretending to be something he’s not, and therefore he was beholden to people.” The important bit is that last phrase: he was beholden to people. It was a characteristic that was displayed time and again as he sought to use his position to curry favour with very wealthy and very powerful people who were either current or future benefactors. This was repeated in 2001, when Lord Mandelson was again sacked after attempting to broker a British passport for Mr Hinduja, a wealthy donor to the Millennium Dome project, with which he was involved. Mandelson attempted to influence the Home Office to give Mr Hinduja a passport when Mr Hinduja and his brother were under investigation in the Bofors weapons contract scandal—again, a dubious reason. Incidentally, it was at about that time that his association with Epstein started, and the infamous birthday book entries date from then.

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  39. ParliamentDavid Davis

    Ambassador to the United States

    I am very glad to say that I am not the Prime Minister’s speechwriter, but all I can say to the hon. Gentleman is that I hope the issue does not come up, because it would undoubtedly be embarrassing and diplomatically problematic for the Prime Minister. Astonishingly, after being sacked twice for misdemeanours, in 2004 Lord Mandelson was appointed by Tony Blair to be the European trade commissioner. He was, as it were, given a third chance. As the trade commissioner, he was criticised on numerous occasions for accepting lavish hospitality from companies on whose commercial interests he was in the process of ruling—whether the company concerned was Microsoft, an Italian shoe producer or whatever—which, for some reason, often involved free luxury cruises. He saw nothing wrong with such apparently compromising behaviour, and in that category, indeed rather at the top of it, was his association with the Russian oligarch and gangster capitalist Oleg Deripaska. Let us be clear who we are talking about here, because most Members probably do not know much about him. Mr Deripaska was the winner of the battle for control of the Russian aluminium industry, a battle in which roughly 100 people were murdered. In court reports, Interpol documents and American Government publications, Deripaska has faced serious allegations of murder, bribery, extortion, and involvement in organised crime. This is a truly bad man.

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  40. ParliamentDavid Davis

    Ambassador to the United States

    Had the hon. Gentleman been here before the last election, he would have sat in this Chamber, I hope, and heard me opine on all those subjects and raise prospective laws to deal with those oligarchs, laws that, sadly, this Government have failed to carry through. That, then, is the backdrop. Mr Deripaska’s visa was revoked by the Americans in 2006, so Mandelson had no excuse for not knowing about his activities, yet as European trade commissioner he saw fit to accept hospitality from Deripaska on multiple occasions over several years, which included visiting him in Moscow and being flown by his private jet to stay at his dacha in Siberia and on his private yacht in the Mediterranean—all while considering whether to give Russian aluminium access to the European market. Deripaska’s activities were known to the British security services, and briefings were available to Mandelson, so, again, there is no excuse. He did this in the full knowledge of who he was dealing with. It was in this position that Mandelson promoted and signed off concessions to Russian aluminium companies, which ultimately benefited Mr Deripaska, or his companies, to the tune of $200 million a year. Although it did not actually happen, one company was due to be the subject of an initial public offering—due to be floated—shortly thereafter. A $200 million change in profits tends to mean a multibillion-dollar change in value, and that will have gone into the pocket of Mr Deripaska. As we all know, Deripaska is a nominee of Putin, so we can assume that a large chunk of it went to Putin as well. In 2008 Mandelson was, very controversially, raised to the peerage by Gordon Brown and appointed Business Secretary. His contact with Epstein did not end. As Epstein was pleading guilty to child sex offences, Mandelson emailed him: “I think the world of you and I feel hopeless and furious about what has happened... Your friends stay with you and love you.” Little remorse there, shall we say, and little pity for the victims. After Lord Mandelson left office when Labour lost the election in 2010, he founded a lobbying firm, Global Counsel. Controversially, he did not name his clients. The House of Lords has rather slack rules about this, so somebody can create a company and just declare that they get however much money from the company, but they do not declare who the customers really are. I do not have documentary records on this, so I am not going to name the companies I am talking about, but there are Russian companies—extremely dubious Russian companies—and Chinese companies. I am looking at my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), who would recognise a number of the Chinese companies because he has campaigned about them, but I will leave it there. In the context of Lord Mandelson’s appointment to Washington—and bear in mind that this is all to do with a judgment made about his being the ambassador in Washington—it is his close association with the organs of the Chinese state that should have raised most red flags, if the House will forgive the pun. The Inter-Parliamentary Alliance on China presented a dossier to US Senators, which provoked enough concern that they passed it to the FBI. This may have been a reason—and here I am surmising—for the purported concerns about whether the Trump Administration would allow Mandelson’s accreditation back in January.

    Hansard source