25 Oct 2011 : Column 234

Robert Flello: I want to take the Minister back to the answer he gave the right hon. Member for Bermondsey and Old Southwark (Simon Hughes). Will he tell the House to whom the Youth Justice Board reports at the moment? Is it not the Minister?

Mr Blunt: I have instituted arrangements within the Department during this transitional period for the chief executive of the Youth Justice Board to come and see me regularly on a bilateral basis. That did not exist when I became the Minister with responsibility for youth justice, when accountability was through the chairman of the board. I think that we now have a much more satisfactory working practice—[ Interruption. ] The hon. Member for Stoke-on-Trent South (Robert Flello) says that he does not really believe that. Well, I do believe it on the evidence of what has happened over the past 18 months. I will elaborate on that later in my remarks and tell him and the House why I have come to that conclusion.

The Justice Secretary recognises the need to strengthen the Ministry’s focus on youth justice by establishing a ministerial advisory group on youth justice. The group will provide timely advice to Ministers about delivery and the front line. That advice will inform the development of youth justice policy in the longer term. It will include advice on effective practice and what will work best to achieve the objectives that Ministers have set. The ministerial advisory group will be my key forum for providing external, expert oversight of operational youth justice practice to the Ministry of Justice. I will chair it as the Minister responsible for youth justice. It must consist of members who have expertise in the effective operation of the youth justice system; otherwise it will not be able to do the job that I need it to do and it will not have credibility with the informed youth justice lobby, which properly follows these matters with due care.

Finally, Dame Sue Street, a non-executive director at the Ministry of Justice, will take an active interest in youth justice within the Ministry. She has experience and knowledge of youth justice. Indeed, she undertook a review of the Youth Justice Board, but her remit did not include asking whether the Youth Justice Board should continue. Of course, as a non-executive member of the Ministry of Justice board, she will have a direct route to the permanent secretary and the Secretary of State. She is happy to take on those responsibilities as part of her role at the Department.

Sir Alan Beith: I want my hon. Friend to make it quite clear that he is not stepping back from his welcome indication that it will be possible for the advice that is given to Ministers by the advisory group to be probed by Parliament, and that its members will be able to come before the Justice Committee and tell us what their advice was.

Mr Blunt: I am happy to give my right hon. Friend that assurance. It would be quixotic to say now that it is advice to Ministers and that it will not be discoverable. The effectiveness of the group will depend first on the credibility of its members’ experience and expertise and, secondly, on whether its members are prepared to speak freely and openly on these issues. I anticipate that individuals, whether or not they are members of my advisory group, will be available to his Select Committee so that it, like me, is informed of their views.

25 Oct 2011 : Column 235

Paul Goggins: I believe that the Minister is utterly sincere in his commitment to the rehabilitation revolution and to his responsibilities. However, what he describes sounds to me far more complicated than the coherent system that has developed over the past decade. If the number of children and young people going into custody began to increase, what would he say to the official in his Department that is different from what he would say to the chair of the Youth Justice Board?

7.15 pm

Mr Blunt: As the right hon. Gentleman has identified, we are entering a period when that may well happen. I will come to that point in the course of my remarks.

This reform will not impact on the delivery of front-line youth justice by youth offending teams. We need to be clear that the front-line delivery of youth justice is completely separate from the national leadership and oversight provided by the Youth Justice Board. Under the Crime and Disorder Act 1998, the delivery of youth justice in the community is led by local authority youth offending teams. They are accountable to the chief executive of the local authority and are well embedded in local structures. Young people will continue to be placed separately from adult offenders in a dedicated secure estate that is driven by their needs.

It has been argued that the recent riots prove that the Youth Justice Board is now needed more than ever. I am afraid that I cannot agree. In my recent appearance before the Justice Committee, I set out the limitations of the current governance arrangements in the operational scenario that we faced in dealing with the disturbances. The operational integration of measures to address under-18s was delayed by 24 hours or so in the Government’s initial collective response to the riots precisely because of the more remote relationship that I have with the Youth Justice Board compared with the National Offender Management Service. That would not have occurred if youth justice had been administered as we propose.

I am conscious that part of my role is to ensure that other Departments and local authorities play their part in the delivery of youth justice. That is most acute in terms of resources, because the Department for Education and the Home Office currently provide funding to the Youth Justice Board. I am concerned that as the responsible Minister, I am not engaged as early as I should be in ensuring that there is proper financing for youth offending teams on the ground. It should be my responsibility to ensure that budget settlements from other Departments and local authorities are cleared and that youth justice is getting a proper shout from inside the Government. That can be better done by a Minister than by an arm’s length body.

Simon Hughes: I am encouraged by the Minister’s commitment and by his clear belief that his model will work. May I ask him to give one more undertaking? Will he or his Department come back to the House in about a year if the change goes ahead to ensure that the advisory group, which I now understand he proposes to chair, is sufficiently independent, that Parliament and people outside can be sure that it will speak out when it needs to and that its voice can, if necessary, be different from the conclusions that Ministers reach having heard its advice?

25 Oct 2011 : Column 236

Mr Blunt: I am grateful for my right hon. Friend’s advice. It is a fair point and one that was laboured, quite properly, by the Justice Committee. The advisory group would not achieve the purpose that I have for it if it was not sufficiently independent. Rather than give my right hon. Friend the guarantee that I will come back here, I point out that my right hon. Friend the Member for Berwick-upon-Tweed and his Select Committee are ideally placed to ensure, in the detailed scrutiny that they will properly give these matters, that the advisers have credibility in the youth justice field and that a range of views is presented to me.

The group will serve no purpose if it consists of people who entirely agree with what the Ministry of Justice is doing. They will not be there to act as a cheer group for the execution of policy. This is an important area in which we need to be continually challenged so that we get it right. I expect the advisory group to challenge us continually to help us to get it right.

We will never be perfect, because we are operating in a financially very constrained time owing to the simply dreadful economic inheritance that we received. [ Interruption. ]Well, Opposition Members may get bored with this, but as the Minister responsible for youth justice, prisons and probation, I would much rather have inherited merely a flat budget. Sadly I have not, and we have to deal with that. We have to be innovative and clever about how we respond to those circumstances to deliver the rehabilitation of offenders in this much more challenging environment.

As the responsible Minister, I want to make it clear to all hon. Members that youth justice is critical to the Ministry of Justice and a visible part of the Department’s business plan. We already have three key youth justice indicators, which are the number of young people coming into the youth justice system, the number of young people reoffending and the number of young people being sentenced to custody. The Ministry, and I as the youth justice Minister, will continue to be held to account by the public and Parliament for our performance against those measures.

I should add that from my own day-to-day experience and information drawn from youth offending teams, I fully understand just how difficult it will be simply to hold performance at current levels in this economic environment and the associated social environment in the short to medium term, before our wider social justice agenda begins to make itself felt in the long term. To some extent, keeping the Youth Justice Board would provide me with a helpful sandbag from the direct parliamentary fire of ministerial accountability for performance measures. Difficult though it may be to improve on the current performance that we inherit from the YJB, those measures will be used to inform our youth pathfinder and payment-by-results initiatives. That work is vital to the Ministry of Justice.

There is no question that the focus on youth justice will be lost or that it will become a junior partner to the work of the National Offender Management Service. In addition, we have put in place mechanisms to ensure a proper policy focus on youth justice. Senior officials have established the cross-departmental youth crime and justice board, which supports the strategic agenda. Regular inter-ministerial meetings ensure ministerial

25 Oct 2011 : Column 237

representation from the Ministry of Justice, the Department for Education, the Home Office and the Department of Health, to support cross-Government work on the matter.

I turn briefly to the amendments on Wales tabled by the right hon. Member for Cardiff South and Penarth. The criminal justice system, of which the youth justice system is an element, is not a transferred matter. It is the Secretary of State for Justice who is ultimately responsible for youth justice in England and Wales, and the Ministry of Justice that is responsible for the secure estate and courts. The Government have no plans to change that. It would be unfair to imply to Welsh Ministers that they have a liability for outcomes when they do not have statutory responsibility for the administration of youth justice.

The proposal to establish a joint committee between the YJB or the Ministry of Justice and Ministers in the National Assembly for Wales is also likely to create further confusion throughout the youth justice system about who is ultimately accountable. Unless the wider statutory environment were to change, making that piecemeal statutory change would not be helpful. It would further complicate what is already a complex picture.

The Government recognise the differences between England and Wales in areas such as education, health and social care, which are essential to improving the life chances of children who have offended, and we will always take into account the views of Welsh colleagues. The need to reduce reoffending and offending among children and young people is shared. Current arrangements offer the advantages of scale that come with an England and Wales resource, as well as the opportunity to learn from each other and share effective practice while retaining the ability to tailor the delivery of youth justice to Wales. That is why we will ensure that there remains significant join-up between England and Wales in our youth justice priorities.

Mrs Siân C. James (Swansea East) (Lab): I am amazed that none of the Whips has said a word so far. Is this a deliberate attempt to talk out the S4C amendment?

Mr Blunt: Youth justice is an extremely important issue and these points have to be put properly on the record. I am slightly surprised at the hon. Lady’s intervention, because she makes it at precisely the moment at which I am trying to deal with issues that I believe are of some importance to her, as a Welsh Member, as well as to the right hon. Member for Cardiff South and Penarth, who is sitting right behind her.

The Youth Justice Board currently has a team based in Wales, which works closely with the Welsh Assembly, and we will continue to have a Welsh-based team under our proposals to bring the functions of the Youth Justice Board into the Ministry of Justice.

The Government have listened and responded to the concerns of all interested parties. A full public consultation has just concluded, and we will carefully consider the responses before laying draft orders before Parliament. My right hon. Friend the Member for Bermondsey and Old Southwark asked about the balance of the responses to the consultation. There were, I think, 2,800 responses to the public bodies consultation, of which 68 were about the Youth Justice Board. It will not surprise him to learn that the balance of the responses was not

25 Oct 2011 : Column 238

supportive of the Government’s proposal—that is not a remotely surprising pattern when it is proposed to change something. However, before we lay the draft orders, there will be an opportunity to see the detail of them.

The youth justice system needs clear and visible leadership from me, as the responsible Minister, supported by a governance structure that retains a dedicated focus on youth justice. That is what we will provide as part of our proposals to abolish the YJB. I believe that is the best way to help us reduce offending and reoffending by young people, and I ask the right hon. Member for Cardiff South and Penarth to withdraw the new clause.

Alun Michael: The Minister has been seduced by office into bad decisions, but in the best interests of securing a vote on the retention of the Youth Justice Board, I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

Clause 1

Power to abolish

Amendment made: 5, page 1, line 13, at end insert—

‘() a co-operative society,

() a community benefit society,

() a charitable incorporated organisation, or’.—(Mr Blunt.)

Schedule 1

Power to abolish: bodies and offices

Amendment proposed: 32, page 21, line 11, leave out

‘Agricultural Wages Board for England and Wales’.—(Mr Gareth Thomas.)

The House proceeded to a Division.

Mr Deputy Speaker (Mr Lindsay Hoyle): I ask the Serjeant at Arms to investigate the delay in the No Lobby.

The House having divided:

Ayes 219, Noes 296.

Division No. 373]

[7.27 pm

AYES

Abbott, Ms Diane

Ainsworth, rh Mr Bob

Alexander, rh Mr Douglas

Alexander, Heidi

Ali, Rushanara

Anderson, Mr David

Ashworth, Jonathan

Bailey, Mr Adrian

Bain, Mr William

Banks, Gordon

Barron, rh Mr Kevin

Beckett, rh Margaret

Begg, Dame Anne

Bell, Sir Stuart

Benn, rh Hilary

Benton, Mr Joe

Berger, Luciana

Betts, Mr Clive

Blackman-Woods, Roberta

Blears, rh Hazel

Blomfield, Paul

Bradshaw, rh Mr Ben

Brennan, Kevin

Brown, rh Mr Nicholas

Brown, Mr Russell

Buck, Ms Karen

Burden, Richard

Burnham, rh Andy

Byrne, rh Mr Liam

Campbell, Mr Alan

Campbell, Mr Ronnie

Caton, Martin

Chapman, Mrs Jenny

Clwyd, rh Ann

Coaker, Vernon

Coffey, Ann

Connarty, Michael

Cooper, Rosie

Corbyn, Jeremy

Creagh, Mary

Creasy, Stella

Cruddas, Jon

Cryer, John

Cunningham, Alex

Cunningham, Mr Jim

Cunningham, Tony

Curran, Margaret

Danczuk, Simon

Darling, rh Mr Alistair

David, Mr Wayne

Davidson, Mr Ian

Davies, Geraint

De Piero, Gloria

Denham, rh Mr John

Dobbin, Jim

Dobson, rh Frank

Docherty, Thomas

Donohoe, Mr Brian H.

Doran, Mr Frank

Dowd, Jim

Doyle, Gemma

Dugher, Michael

Durkan, Mark

Eagle, Ms Angela

Eagle, Maria

Edwards, Jonathan

Efford, Clive

Elliott, Julie

Ellman, Mrs Louise

Engel, Natascha

Esterson, Bill

Evans, Chris

Farrelly, Paul

Field, rh Mr Frank

Fitzpatrick, Jim

Flello, Robert

Flint, rh Caroline

Flynn, Paul

Fovargue, Yvonne

Francis, Dr Hywel

Gapes, Mike

George, Andrew

Gilmore, Sheila

Glass, Pat

Glindon, Mrs Mary

Godsiff, Mr Roger

Goggins, rh Paul

Goodman, Helen

Greatrex, Tom

Green, Kate

Greenwood, Lilian

Griffith, Nia

Gwynne, Andrew

Hain, rh Mr Peter

Hamilton, Mr David

Hamilton, Fabian

Hanson, rh Mr David

Harman, rh Ms Harriet

Harris, Mr Tom

Havard, Mr Dai

Healey, rh John

Hendrick, Mark

Hepburn, Mr Stephen

Heyes, David

Hilling, Julie

Hodge, rh Margaret

Hodgson, Mrs Sharon

Hoey, Kate

Hood, Mr Jim

Hopkins, Kelvin

Howarth, rh Mr George

Hunt, Tristram

Irranca-Davies, Huw

Jackson, Glenda

James, Mrs Siân C.

Jamieson, Cathy

Jarvis, Dan

Johnson, rh Alan

Johnson, Diana

Jones, Graham

Jones, Helen

Jones, Mr Kevan

Jones, Susan Elan

Joyce, Eric

Kaufman, rh Sir Gerald

Keeley, Barbara

Kendall, Liz

Khan, rh Sadiq

Lammy, rh Mr David

Lavery, Ian

Lazarowicz, Mark

Lewis, Mr Ivan

Lewis, Dr Julian

Lloyd, Tony

Llwyd, rh Mr Elfyn

Long, Naomi

Love, Mr Andrew

Lucas, Caroline

Lucas, Ian

MacShane, rh Mr Denis

Mactaggart, Fiona

Mahmood, Shabana

Mann, John

Marsden, Mr Gordon

McCann, Mr Michael

McCarthy, Kerry

McClymont, Gregg

McDonnell, John

McFadden, rh Mr Pat

McGovern, Alison

McGuire, rh Mrs Anne

McKechin, Ann

McKenzie, Mr Iain

McKinnell, Catherine

Meale, Sir Alan

Mearns, Ian

Michael, rh Alun

Miliband, rh David

Miller, Andrew

Mitchell, Austin

Moon, Mrs Madeleine

Morden, Jessica

Morrice, Graeme

(Livingston)

Morris, Grahame M.

(Easington)

Mudie, Mr George

Murphy, rh Mr Jim

Murray, Ian

Nandy, Lisa

Nash, Pamela

O'Donnell, Fiona

Onwurah, Chi

Osborne, Sandra

Pearce, Teresa

Perkins, Toby

Pound, Stephen

Raynsford, rh Mr Nick

Reed, Mr Jamie

Reeves, Rachel

Reynolds, Emma

Reynolds, Jonathan

Riordan, Mrs Linda

Ritchie, Ms Margaret

Robinson, Mr Geoffrey

Rotheram, Steve

Roy, Mr Frank

Roy, Lindsay

Ruane, Chris

Ruddock, rh Joan

Seabeck, Alison

Sharma, Mr Virendra

Shuker, Gavin

Skinner, Mr Dennis

Slaughter, Mr Andy

Smith, rh Mr Andrew

Smith, Angela

Smith, Nick

Smith, Owen

Stringer, Graham

Stuart, Ms Gisela

Tami, Mark

Thomas, Mr Gareth

Timms, rh Stephen

Trickett, Jon

Twigg, Derek

Twigg, Stephen

Umunna, Mr Chuka

Vaz, rh Keith

Vaz, Valerie

Watts, Mr Dave

Whitehead, Dr Alan

Williams, Hywel

Williamson, Chris

Wilson, Phil

Winnick, Mr David

Winterton, rh Ms Rosie

Wood, Mike

Woodcock, John

Wright, David

Wright, Mr Iain

Tellers for the Ayes:

Lyn Brown and

Tom Blenkinsop

NOES

Adams, Nigel

Afriyie, Adam

Aldous, Peter

Andrew, Stuart

Arbuthnot, rh Mr James

Bacon, Mr Richard

Baker, Steve

Barclay, Stephen

Barker, Gregory

Baron, Mr John

Bebb, Guto

Beith, rh Sir Alan

Bellingham, Mr Henry

Benyon, Richard

Beresford, Sir Paul

Berry, Jake

Bingham, Andrew

Binley, Mr Brian

Blackman, Bob

Blackwood, Nicola

Blunt, Mr Crispin

Boles, Nick

Bone, Mr Peter

Bradley, Karen

Brady, Mr Graham

Brake, rh Tom

Bray, Angie

Brazier, Mr Julian

Brokenshire, James

Brooke, Annette

Browne, Mr Jeremy

Bruce, Fiona

Buckland, Mr Robert

Burley, Mr Aidan

Burns, rh Mr Simon

Burrowes, Mr David

Burstow, Paul

Burt, Alistair

Burt, Lorely

Byles, Dan

Cable, rh Vince

Campbell, rh Sir Menzies

Carmichael, rh Mr Alistair

Carmichael, Neil

Cash, Mr William

Chishti, Rehman

Clappison, Mr James

Clark, rh Greg

Clarke, rh Mr Kenneth

Clifton-Brown, Geoffrey

Coffey, Dr Thérèse

Collins, Damian

Colvile, Oliver

Cox, Mr Geoffrey

Crockart, Mike

Crouch, Tracey

Davey, Mr Edward

Davies, David T. C.

(Monmouth)

Davies, Glyn

Davies, Philip

de Bois, Nick

Djanogly, Mr Jonathan

Donaldson, rh Mr Jeffrey M.

Dorrell, rh Mr Stephen

Doyle-Price, Jackie

Drax, Richard

Duncan, rh Mr Alan

Duncan Smith, rh Mr Iain

Dunne, Mr Philip

Ellis, Michael

Ellison, Jane

Ellwood, Mr Tobias

Elphicke, Charlie

Eustice, George

Evans, Graham

Evans, Jonathan

Evennett, Mr David

Fabricant, Michael

Fallon, Michael

Featherstone, Lynne

Foster, rh Mr Don

Francois, rh Mr Mark

Freer, Mike

Fuller, Richard

Gale, Mr Roger

Garnier, Mr Edward

Garnier, Mark

Gauke, Mr David

Gibb, Mr Nick

Gilbert, Stephen

Gillan, rh Mrs Cheryl

Glen, John

Goodwill, Mr Robert

Graham, Richard

Grant, Mrs Helen

Gray, Mr James

Grayling, rh Chris

Green, Damian

Grieve, rh Mr Dominic

Griffiths, Andrew

Gummer, Ben

Gyimah, Mr Sam

Halfon, Robert

Hames, Duncan

Hammond, Stephen

Hancock, Matthew

Hancock, Mr Mike

Hands, Greg

Harper, Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Harvey, Nick

Hayes, Mr John

Heald, Oliver

Heath, Mr David

Hemming, John

Henderson, Gordon

Hendry, Charles

Herbert, rh Nick

Hinds, Damian

Hoban, Mr Mark

Hollingbery, George

Hollobone, Mr Philip

Holloway, Mr Adam

Hopkins, Kris

Horwood, Martin

Howell, John

Hughes, rh Simon

Huhne, rh Chris

Hunt, rh Mr Jeremy

Hunter, Mark

Huppert, Dr Julian

Hurd, Mr Nick

Jackson, Mr Stewart

James, Margot

Javid, Sajid

Jenkin, Mr Bernard

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, Mr David

Jones, Mr Marcus

Kawczynski, Daniel

Kelly, Chris

Kennedy, rh Mr Charles

Kirby, Simon

Knight, rh Mr Greg

Kwarteng, Kwasi

Laing, Mrs Eleanor

Lamb, Norman

Lansley, rh Mr Andrew

Latham, Pauline

Laws, rh Mr David

Lee, Jessica

Lefroy, Jeremy

Leigh, Mr Edward

Letwin, rh Mr Oliver

Lewis, Brandon

Liddell-Grainger, Mr Ian

Lidington, rh Mr David

Lopresti, Jack

Lord, Jonathan

Loughton, Tim

Lumley, Karen

Macleod, Mary

Maude, rh Mr Francis

Maynard, Paul

McCartney, Jason

McCartney, Karl

McCrea, Dr William

McIntosh, Miss Anne

McLoughlin, rh Mr Patrick

McPartland, Stephen

McVey, Esther

Menzies, Mark

Mercer, Patrick

Metcalfe, Stephen

Miller, Maria

Mills, Nigel

Milton, Anne

Mordaunt, Penny

Morgan, Nicky

Morris, Anne Marie

Morris, James

Mosley, Stephen

Mowat, David

Mulholland, Greg

Mundell, rh David

Munt, Tessa

Murray, Sheryll

Murrison, Dr Andrew

Neill, Robert

Newmark, Mr Brooks

Newton, Sarah

Norman, Jesse

Nuttall, Mr David

O'Brien, Mr Stephen

Offord, Mr Matthew

Ollerenshaw, Eric

Opperman, Guy

Paice, rh Mr James

Parish, Neil

Patel, Priti

Pawsey, Mark

Penrose, John

Percy, Andrew

Perry, Claire

Phillips, Stephen

Pickles, rh Mr Eric

Pincher, Christopher

Poulter, Dr Daniel

Prisk, Mr Mark

Pugh, John

Raab, Mr Dominic

Reckless, Mark

Redwood, rh Mr John

Rees-Mogg, Jacob

Reevell, Simon

Reid, Mr Alan

Robathan, rh Mr Andrew

Robertson, Hugh

Robertson, Mr Laurence

Rogerson, Dan

Rosindell, Andrew

Rudd, Amber

Ruffley, Mr David

Russell, Bob

Sanders, Mr Adrian

Sandys, Laura

Scott, Mr Lee

Selous, Andrew

Shannon, Jim

Shapps, rh Grant

Sharma, Alok

Shelbrooke, Alec

Shepherd, Mr Richard

Simmonds, Mark

Simpson, David

Simpson, Mr Keith

Smith, Miss Chloe

Smith, Henry

Smith, Julian

Soames, rh Nicholas

Soubry, Anna

Spelman, rh Mrs Caroline

Spencer, Mr Mark

Stanley, rh Sir John

Stephenson, Andrew

Stevenson, John

Stewart, Bob

Stewart, Iain

Stewart, Rory

Streeter, Mr Gary

Stride, Mel

Stuart, Mr Graham

Stunell, Andrew

Sturdy, Julian

Swales, Ian

Swayne, rh Mr Desmond

Swinson, Jo

Syms, Mr Robert

Thurso, John

Timpson, Mr Edward

Tomlinson, Justin

Truss, Elizabeth

Turner, Mr Andrew

Tyrie, Mr Andrew

Uppal, Paul

Vaizey, Mr Edward

Vara, Mr Shailesh

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Charles

Walker, Mr Robin

Wallace, Mr Ben

Walter, Mr Robert

Ward, Mr David

Watkinson, Angela

Weatherley, Mike

Webb, Steve

Wharton, James

Wheeler, Heather

White, Chris

Whittaker, Craig

Whittingdale, Mr John

Wiggin, Bill

Willetts, rh Mr David

Williams, Mr Mark

Williams, Roger

Williamson, Gavin

Wilson, Mr Rob

Wright, Jeremy

Wright, Simon

Yeo, Mr Tim

Young, rh Sir George

Tellers for the Noes:

James Duddridge and

Stephen Crabb

Question accordingly negatived.

25 Oct 2011 : Column 239

25 Oct 2011 : Column 240

25 Oct 2011 : Column 241

25 Oct 2011 : Column 242


7.46 pm

Proceedings interrupted (Programme Order, this day )

The Deputy Speaker put forthwith the Question necessary for the disposal of the business to be concluded at that time. (Standing Order No. 83E).

Amendment proposed: 33, page 22, line 17, leave out

‘Youth Justice Board for England and Wales.’.—(Robert Flello.)

Question put, That the amendment be made.

The House divided:

Ayes 219, Noes 301.

Division No. 374]

[7.46 pm

AYES

Abbott, Ms Diane

Ainsworth, rh Mr Bob

Alexander, rh Mr Douglas

Alexander, Heidi

Ali, Rushanara

Anderson, Mr David

Ashworth, Jonathan

Bailey, Mr Adrian

Bain, Mr William

Banks, Gordon

Barron, rh Mr Kevin

Beckett, rh Margaret

Begg, Dame Anne

Bell, Sir Stuart

Benn, rh Hilary

Benton, Mr Joe

Berger, Luciana

Betts, Mr Clive

Blackman-Woods, Roberta

Blears, rh Hazel

Blomfield, Paul

Blunkett, rh Mr David

Bradshaw, rh Mr Ben

Brennan, Kevin

Brown, Lyn

Brown, rh Mr Nicholas

Brown, Mr Russell

Buck, Ms Karen

Burden, Richard

Burnham, rh Andy

Byrne, rh Mr Liam

Campbell, Mr Alan

Campbell, Mr Ronnie

Caton, Martin

Chapman, Mrs Jenny

Clwyd, rh Ann

Coaker, Vernon

Coffey, Ann

Connarty, Michael

Cooper, Rosie

Corbyn, Jeremy

Creagh, Mary

Creasy, Stella

Cruddas, Jon

Cryer, John

Cunningham, Alex

Cunningham, Mr Jim

Cunningham, Tony

Curran, Margaret

Danczuk, Simon

Darling, rh Mr Alistair

David, Mr Wayne

Davidson, Mr Ian

Davies, Geraint

De Piero, Gloria

Dobbin, Jim

Dobson, rh Frank

Docherty, Thomas

Donohoe, Mr Brian H.

Doran, Mr Frank

Dowd, Jim

Doyle, Gemma

Dugher, Michael

Durkan, Mark

Eagle, Ms Angela

Eagle, Maria

Edwards, Jonathan

Efford, Clive

Elliott, Julie

Ellman, Mrs Louise

Engel, Natascha

Esterson, Bill

Evans, Chris

Farrelly, Paul

Field, rh Mr Frank

Fitzpatrick, Jim

Flello, Robert

Flint, rh Caroline

Flynn, Paul

Fovargue, Yvonne

Francis, Dr Hywel

Gapes, Mike

Gilmore, Sheila

Glass, Pat

Glindon, Mrs Mary

Godsiff, Mr Roger

Goggins, rh Paul

Goodman, Helen

Greatrex, Tom

Green, Kate

Greenwood, Lilian

Griffith, Nia

Gwynne, Andrew

Hain, rh Mr Peter

Hamilton, Mr David

Hamilton, Fabian

Hanson, rh Mr David

Harman, rh Ms Harriet

Harris, Mr Tom

Havard, Mr Dai

Healey, rh John

Hepburn, Mr Stephen

Heyes, David

Hilling, Julie

Hodge, rh Margaret

Hodgson, Mrs Sharon

Hoey, Kate

Hood, Mr Jim

Hopkins, Kelvin

Howarth, rh Mr George

Hunt, Tristram

Irranca-Davies, Huw

Jackson, Glenda

James, Mrs Siân C.

Jamieson, Cathy

Jarvis, Dan

Johnson, rh Alan

Johnson, Diana

Jones, Graham

Jones, Helen

Jones, Mr Kevan

Jones, Susan Elan

Joyce, Eric

Kaufman, rh Sir Gerald

Keeley, Barbara

Kendall, Liz

Khan, rh Sadiq

Lammy, rh Mr David

Lavery, Ian

Lazarowicz, Mark

Lewis, Mr Ivan

Lloyd, Tony

Llwyd, rh Mr Elfyn

Long, Naomi

Love, Mr Andrew

Lucas, Caroline

Lucas, Ian

MacShane, rh Mr Denis

Mactaggart, Fiona

Mahmood, Shabana

Mann, John

Marsden, Mr Gordon

McCann, Mr Michael

McCarthy, Kerry

McClymont, Gregg

McDonnell, John

McFadden, rh Mr Pat

McGovern, Alison

McGuire, rh Mrs Anne

McKechin, Ann

McKenzie, Mr Iain

McKinnell, Catherine

Meacher, rh Mr Michael

Meale, Sir Alan

Mearns, Ian

Michael, rh Alun

Miliband, rh David

Miller, Andrew

Mitchell, Austin

Moon, Mrs Madeleine

Morden, Jessica

Morrice, Graeme

(Livingston)

Morris, Grahame M.

(Easington)

Mudie, Mr George

Murphy, rh Mr Jim

Murray, Ian

Nandy, Lisa

Nash, Pamela

O'Donnell, Fiona

Onwurah, Chi

Osborne, Sandra

Owen, Albert

Pearce, Teresa

Perkins, Toby

Pound, Stephen

Raynsford, rh Mr Nick

Reed, Mr Jamie

Reeves, Rachel

Reynolds, Emma

Reynolds, Jonathan

Riordan, Mrs Linda

Ritchie, Ms Margaret

Robinson, Mr Geoffrey

Rotheram, Steve

Roy, Mr Frank

Roy, Lindsay

Ruane, Chris

Ruddock, rh Joan

Seabeck, Alison

Sharma, Mr Virendra

Shuker, Gavin

Skinner, Mr Dennis

Slaughter, Mr Andy

Smith, rh Mr Andrew

Smith, Angela

Smith, Nick

Smith, Owen

Stringer, Graham

Stuart, Ms Gisela

Tami, Mark

Thomas, Mr Gareth

Timms, rh Stephen

Trickett, Jon

Twigg, Derek

Twigg, Stephen

Umunna, Mr Chuka

Vaz, rh Keith

Vaz, Valerie

Watts, Mr Dave

Whitehead, Dr Alan

Williams, Hywel

Williamson, Chris

Wilson, Phil

Winnick, Mr David

Winterton, rh Ms Rosie

Wood, Mike

Woodcock, John

Wright, David

Wright, Mr Iain

Tellers for the Ayes:

Mark Hendrick and

Tom Blenkinsop

NOES

Adams, Nigel

Afriyie, Adam

Aldous, Peter

Andrew, Stuart

Arbuthnot, rh Mr James

Bacon, Mr Richard

Baker, Steve

Baldwin, Harriett

Barclay, Stephen

Barker, Gregory

Baron, Mr John

Bebb, Guto

Beith, rh Sir Alan

Bellingham, Mr Henry

Benyon, Richard

Beresford, Sir Paul

Berry, Jake

Bingham, Andrew

Binley, Mr Brian

Blackman, Bob

Blackwood, Nicola

Blunt, Mr Crispin

Boles, Nick

Bone, Mr Peter

Bradley, Karen

Brady, Mr Graham

Brake, rh Tom

Bray, Angie

Brazier, Mr Julian

Brokenshire, James

Brooke, Annette

Browne, Mr Jeremy

Bruce, Fiona

Buckland, Mr Robert

Burley, Mr Aidan

Burns, rh Mr Simon

Burrowes, Mr David

Burstow, Paul

Burt, Alistair

Burt, Lorely

Byles, Dan

Cable, rh Vince

Campbell, rh Sir Menzies

Carmichael, rh Mr Alistair

Carmichael, Neil

Cash, Mr William

Chishti, Rehman

Chope, Mr Christopher

Clappison, Mr James

Clark, rh Greg

Clarke, rh Mr Kenneth

Clifton-Brown, Geoffrey

Coffey, Dr Thérèse

Collins, Damian

Colvile, Oliver

Cox, Mr Geoffrey

Crabb, Stephen

Crockart, Mike

Crouch, Tracey

Davey, Mr Edward

Davies, David T. C.

(Monmouth)

Davies, Glyn

Davies, Philip

de Bois, Nick

Djanogly, Mr Jonathan

Donaldson, rh Mr Jeffrey M.

Dorrell, rh Mr Stephen

Doyle-Price, Jackie

Drax, Richard

Duncan, rh Mr Alan

Duncan Smith, rh Mr Iain

Dunne, Mr Philip

Ellis, Michael

Ellison, Jane

Ellwood, Mr Tobias

Elphicke, Charlie

Eustice, George

Evans, Graham

Evans, Jonathan

Evennett, Mr David

Fabricant, Michael

Fallon, Michael

Featherstone, Lynne

Foster, rh Mr Don

Francois, rh Mr Mark

Freer, Mike

Fuller, Richard

Gale, Mr Roger

Garnier, Mr Edward

Garnier, Mark

Gauke, Mr David

George, Andrew

Gibb, Mr Nick

Gilbert, Stephen

Gillan, rh Mrs Cheryl

Glen, John

Goodwill, Mr Robert

Graham, Richard

Grant, Mrs Helen

Gray, Mr James

Grayling, rh Chris

Green, Damian

Grieve, rh Mr Dominic

Griffiths, Andrew

Gummer, Ben

Gyimah, Mr Sam

Halfon, Robert

Hames, Duncan

Hammond, Stephen

Hancock, Matthew

Hancock, Mr Mike

Hands, Greg

Harper, Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Harvey, Nick

Hayes, Mr John

Heald, Oliver

Heath, Mr David

Hemming, John

Henderson, Gordon

Hendry, Charles

Herbert, rh Nick

Hinds, Damian

Hoban, Mr Mark

Hollingbery, George

Hollobone, Mr Philip

Holloway, Mr Adam

Hopkins, Kris

Horwood, Martin

Howell, John

Hughes, rh Simon

Huhne, rh Chris

Hunt, rh Mr Jeremy

Hunter, Mark

Huppert, Dr Julian

Hurd, Mr Nick

Jackson, Mr Stewart

James, Margot

Javid, Sajid

Jenkin, Mr Bernard

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, Mr David

Jones, Mr Marcus

Kawczynski, Daniel

Kelly, Chris

Kennedy, rh Mr Charles

Kirby, Simon

Knight, rh Mr Greg

Kwarteng, Kwasi

Laing, Mrs Eleanor

Lansley, rh Mr Andrew

Latham, Pauline

Laws, rh Mr David

Leadsom, Andrea

Lee, Jessica

Lefroy, Jeremy

Leigh, Mr Edward

Letwin, rh Mr Oliver

Lewis, Brandon

Lewis, Dr Julian

Liddell-Grainger, Mr Ian

Lidington, rh Mr David

Lopresti, Jack

Lord, Jonathan

Loughton, Tim

Luff, Peter

Lumley, Karen

Macleod, Mary

Maude, rh Mr Francis

Maynard, Paul

McCartney, Jason

McCartney, Karl

McCrea, Dr William

McIntosh, Miss Anne

McLoughlin, rh Mr Patrick

McPartland, Stephen

McVey, Esther

Menzies, Mark

Mercer, Patrick

Metcalfe, Stephen

Miller, Maria

Mills, Nigel

Milton, Anne

Mordaunt, Penny

Morgan, Nicky

Morris, Anne Marie

Morris, James

Mosley, Stephen

Mowat, David

Mulholland, Greg

Mundell, rh David

Munt, Tessa

Murray, Sheryll

Murrison, Dr Andrew

Neill, Robert

Newmark, Mr Brooks

Newton, Sarah

Norman, Jesse

Nuttall, Mr David

O'Brien, Mr Stephen

Offord, Mr Matthew

Ollerenshaw, Eric

Opperman, Guy

Paice, rh Mr James

Parish, Neil

Patel, Priti

Pawsey, Mark

Penrose, John

Percy, Andrew

Perry, Claire

Phillips, Stephen

Pickles, rh Mr Eric

Pincher, Christopher

Poulter, Dr Daniel

Prisk, Mr Mark

Pugh, John

Raab, Mr Dominic

Reckless, Mark

Redwood, rh Mr John

Rees-Mogg, Jacob

Reevell, Simon

Reid, Mr Alan

Robathan, rh Mr Andrew

Robertson, Hugh

Robertson, Mr Laurence

Rogerson, Dan

Rosindell, Andrew

Rudd, Amber

Ruffley, Mr David

Russell, Bob

Sanders, Mr Adrian

Sandys, Laura

Scott, Mr Lee

Selous, Andrew

Shannon, Jim

Shapps, rh Grant

Sharma, Alok

Shelbrooke, Alec

Shepherd, Mr Richard

Simmonds, Mark

Simpson, David

Simpson, Mr Keith

Skidmore, Chris

Smith, Miss Chloe

Smith, Henry

Smith, Julian

Soames, rh Nicholas

Soubry, Anna

Spelman, rh Mrs Caroline

Spencer, Mr Mark

Stanley, rh Sir John

Stephenson, Andrew

Stevenson, John

Stewart, Bob

Stewart, Iain

Stewart, Rory

Streeter, Mr Gary

Stride, Mel

Stuart, Mr Graham

Stunell, Andrew

Sturdy, Julian

Swales, Ian

Swayne, rh Mr Desmond

Swinson, Jo

Syms, Mr Robert

Timpson, Mr Edward

Tomlinson, Justin

Truss, Elizabeth

Turner, Mr Andrew

Tyrie, Mr Andrew

Uppal, Paul

Vaizey, Mr Edward

Vara, Mr Shailesh

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Charles

Walker, Mr Robin

Wallace, Mr Ben

Walter, Mr Robert

Ward, Mr David

Watkinson, Angela

Weatherley, Mike

Webb, Steve

Wharton, James

Wheeler, Heather

White, Chris

Whittaker, Craig

Whittingdale, Mr John

Wiggin, Bill

Willetts, rh Mr David

Williams, Mr Mark

Williams, Roger

Williamson, Gavin

Wilson, Mr Rob

Wright, Jeremy

Wright, Simon

Young, rh Sir George

Tellers for the Noes:

James Duddridge and

Norman Lamb

Question accordingly negatived.

25 Oct 2011 : Column 243

25 Oct 2011 : Column 244

25 Oct 2011 : Column 245

25 Oct 2011 : Column 246


Mr Hurd: On a point of order, Mr Deputy Speaker. It would be helpful to inform that House that, having considered the matter further, the Government will not move amendments 47 and 48.

Mr Deputy Speaker (Mr Lindsay Hoyle): I thank the Minister for that notification.

Charlie Elphicke (Dover) (Con): Further to that point of order, Mr Deputy Speaker. May I say, on behalf of the people of Dover, how very welcome that is? Not everything in this House is political and partisan; some matters touch and concern our constituencies and affect us as constituency MPs.

Mr Deputy Speaker: I thank the hon. Gentleman. I call Andrew Percy to move amendment 2.

Andrew Percy (Brigg and Goole) (Con): I beg to move amendment 2, page 24, in schedule 5, leave out lines 9 and 10.

In the past few days, many Members will have received e-mails from their constituents about the important issue of the chief coroner’s office. I want to begin by thanking colleagues from across the House for their kind expressions of support for the amendment, and on the broader question of the necessity of change in the coronial system. I tabled the amendment with the full support of the Royal British Legion, Inquest and the British Medical Association, and I have recently found out that Liberty also supports it, which might divide opinion on this side of the House. All those organisations want to see a chief coroner appointed as soon as possible, and my amendment would achieve exactly what the British Legion and others are asking for. Put simply, leaving out lines 9 and 10 would ensure that the chief coroner—a post agreed on a cross-party basis—is left out of the Bill.

25 Oct 2011 : Column 247

8 pm

Before I elaborate on why I consider this such an important issue, let me explain what I think the issue we are debating today is not about. It is not about costs, certainly not about the untested costs that have been put about by the Ministry of Justice. It is not about bureaucracy and it is certainly not about seeking to delay urgent reform to the coroner system, the need for which is agreed on all sides. The crucial issue in leaving the chief coroner out of the Bill is the independent leadership needed in the coroner system to drive long overdue reform. It is also about respect for the families of those who have had to go through the system.

In less than a month’s time, our nation will pause and reflect on the bravery of our armed forces. Getting to grips with the failings in the coronial system is an opportunity for us all to reflect and pause together as parliamentary representatives to support the bereaved families of our service personnel.

David Wright: I wholeheartedly support the hon. Gentleman’s amendment and congratulate him on tabling it. Does he agree that this is part of an evolving military covenant issue whereby we ensure that we fulfil our duty as parliamentarians to the people who serve our country in the most difficult circumstances at the front line and those who support them?

Andrew Percy: I do, and I thank the hon. Gentleman for his support. We all want to honour the military covenant; there is no doubt about that across the House. We might sometimes disagree about how best to achieve that, but I think sorting out our coronial system is key to it, and appointing a chief coroner, as agreed on a cross-party basis previously, certainly honours the covenant.

Some polling has been undertaken on this issue, so I can inform the House what the public appear to think about this important matter. Recent polling conducted by ComRes tells us that eight out of 10 people believe the way we treat bereaved armed forces families says a lot about our values as a nation. A further 85% say that families deserve as much support as we can possibly give through the system, while three quarters agree that Britain owes a great debt to the families of those who sacrifice their lives in the service of the country. Furthermore, more than three quarters say we must support the families of deceased armed forces personnel in order to honour the memory of those who have given their lives. That is something that I am sure is shared on all sides.

Bob Stewart (Beckenham) (Con): I am not quite sure what that means. Does my hon. Friend mean to say that independent coroners do not currently support the families or does he think that the imposition of a chief coroner will make it better for them? I am quite taken by the idea that we already have independent coroners who talk on behalf of the families and say some things we do not like. I am concerned that a chief coroner might put orders down that people have to obey. I like the independence of coroners.

Andrew Percy: I thank my hon. and gallant Friend for that intervention, as it demonstrates why the Government’s position does exactly the opposite to what he wants. By placing this in the hands of Ministers, which is what the Government propose, rather than in the hands of a

25 Oct 2011 : Column 248

chief coroner, we risk losing independence completely. As to going through the coronial system, sadly, some people have gone through it and have been treated appallingly. I shall provide some examples later. My hon. Friend’s intervention rather supports my arguments.

Paul Goggins: I, too, congratulate the hon. Gentleman on his amendment. He rightly emphasises its significance for military personnel and their families, but does he agree that it goes much wider than that? As to the need for a coronial system that is fully independent of the Government and their Departments, I refer him to the report of Dame Janet Smith on the Shipman victims. She came precisely to the same conclusion as him—that we need a coronial system that is fully independent.

Andrew Percy: I thank the right hon. Gentleman, who has pre-empted part of my speech, which the House will be pleased to know I no longer need to elaborate, so I can somewhat reduce my speaking time. That point was made previously and he is quite right to highlight it.

I want to talk about three key issues: independent leadership, training in oversight and the issue of appeals. Before I do, however, I want to deal with costs. As I said, the Ministry of Justice costings of £11 million for start-up and £6.6 million recurrent for the chief coroner are, in the view of many, inflated. Before I give two examples to prove my point, it is worth considering what the public told ComRes about what they think of costs for an issue like this one. I am second to none in arguing that we need to drive down the costs of government, but there is always a balance to be struck.

According to the ComRes poll, more than two thirds of the public believe that appointing a chief coroner is a matter of principle, not a question of costs. We would all agree that ensuring the most appropriate support to families going through the system must always come ahead of costs. There are two examples from the costings put about by the Ministry of Justice previously in 2008. One is that the IT system will cost £3.8 million, while the second is that £564,000 will be used on a public launch and other publications for this position. I know that the Royal British Legion would be particularly keen to have this discussion. In its alternative to the Government’s proposals, it stated:

“The Royal British Legion and INQUEST would share the Government’s concerns about costings if they were as high as the Ministry of Justice figures suggest”.

The answer is to challenge those costings in a way that the coalition Government have sadly not been able to do since they came to power and to look seriously at the alternative costings put forward by the Royal British Legion and Inquest. It is a bit difficult because I have not had access to all the necessary budget lines. Those organisations have proposed a slower roll-out so the costs can be challenged and spread across the Parliament.

Robert Flello: The hon. Gentleman is putting his case well. On that point about costings, does he know that the Royal British Legion, Inquest, CRY and a whole host of other organisations, along with Members, have repeatedly tried—whether through parliamentary questions, freedom of information or whatever—to get the information from the Ministry of Justice, yet at every opportunity, it clams up and refuses to give the detailed figures?

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Andrew Percy: I do not want to get into too much of a political spat, particularly when I am speaking from the Government Benches, but those organisations have repeatedly made the point that they have been unable to gain access to all the information. Perhaps they did not do so before the general election either. Perhaps it is a systemic problem, but having access to that information is important, particularly if so much emphasis is going to be placed on costs, as appears to be the case.

Jim Shannon (Strangford) (DUP) rose—

Sir Alan Beith rose

Andrew Percy: I will give way to my hon. Friends, but then I am going to make some progress.

Jim Shannon: I am sure the hon. Gentleman would agree that the families are most important. The families need to have confidence in the system, and they indicated that their confidence would lie with the chief coroner rather than the independent coroner. Does he feel that that is what we should really be doing and that the families know best?

Andrew Percy: It is always easy to concentrate on the emotive issues in debates like this, and it can be very powerful, but I also believe there are less emotive reasons for pursing this policy. I would not suggest for a moment than anybody does not want to support families; it is a question of how we drive the reform forward. It is a bit like the discussion last night, when the Conservative party was united but had different tactics.

Sir Alan Beith: Does my hon. Friend recognise that it would be possible to have a chief coroner who could provide professional leadership by the designation of an existing coroner without going into the very large costs involved in the original proposal and without involving the chief coroner in running an appeals system, which might more appropriately remain a matter for reference under law to the courts?

Andrew Percy: My right hon. Friend makes a point that I was coming to. We have not identified where the savings could be in this system. Many would contend that the costs of adjourned and delayed hearings and of expensive judicial reviews could be taken out of the system by the chief coroner. My concern is that far too much emphasis has been placed on costs.

I said that I was going to talk about three particular issues. The first is independent leadership, which I think we all agree lies at the heart of the chief coroner’s appointment and is the reason for his status as linchpin of the Coroners and Justice Act 2009. Parliament accepted back then that if real reform was to be achieved, there must be an independent judicial leader with responsibility for spearheading that reform. Independence is key.

Mr Kevan Jones: I was a member of the Committee that considered the Coroners and Justice Bill, and I remember that it was supported by not only the Government of the day, but the Front Bench of the hon. Gentleman’s party and the Liberal Democrats. One of the key points made by the Liberal Democrat Front-Bench spokesman was that the person concerned would be independent of Government.

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Andrew Percy: The hon. Gentleman has pre-empted another stage of my speech. Although I was not here at the time, perhaps mercifully, I know that the matter was dealt with on a cross-party basis.

The right hon. Member for Wythenshawe and Sale East (Paul Goggins) referred to Lady Justice Smith’s report, and I want to refer to five issues that were raised in it. It found that the current system had offered inconsistent levels of service—which I think addresses the point made by my hon. Friend the Member for Beckenham (Bob Stewart)—and that families and friends were insufficiently involved in coroners’ investigations. It found an absence of quality controls and independent safeguards—once again, we see the word “independent”—a lack of consistency, leadership or training, and, in some instances, an absence of medical knowledge. The report also stated that the

“coronial jurisdiction should be re-formed on modern judicial lines, as a national jurisdiction, small in size but comparable to other jurisdictions in having a Chief Coroner'”.

Although it could be claimed that that report said all that needs to be said about independent leadership, the desperate need to address the issue was perhaps put as well as it could have been by the Lord Chancellor in a written ministerial statement on 14 June:

“As the functions to be transferred are limited, and the Office of Chief Coroner not filled, neither the judge nor any other individual will be responsible for the leadership, culture or behaviour of coroners.”—[Official Report, 14 June 2011; Vol. 728, c. 62WS.]

That cannot be right. The Lord Chancellor’s statement implicitly acknowledged the need for judicial, and thus independent, leadership to address the culture of coroners, while simultaneously refusing to address it.

Dr William McCrea (South Antrim) (DUP): If the three Front Benches were indeed in agreement in Committee, what has happened since to turn the position on its head?

Andrew Percy: The hon. Gentleman is tempting me down a path on which I should probably not embark, but I repeat that, in my view, the emphasis has been on cost. I agree with the Bill that there should be a burning of the quangos. Having spent 10 years as a local councillor, I know how overburdened the country has become, and I would support any measure that would save money. There is a debate to be had about costs, and I think that that is the debate we should be having, rather than a debate about whether the position exists at all.

The statement made by the Lord Chancellor back in June failed to recognise that the chief coroner’s office was a single senior judicial post with statutory powers. The Government’s proposals will dismantle the office and transfer some, but not—by any stretch of the imagination—all those powers to other judicial and political figures, which risks creating another fragmented structure where lines of accountability are opaque and clear leadership absent.

The second issue that I want to raise is monitoring and training. That was one of the most important functions of the chief coroner under the Coroners and Justice Act, which gave him the job of both monitoring investigations of service deaths and ensuring that coroners who conducted such inquests were suitably trained.

Mrs Madeleine Moon (Bridgend) (Lab): Will the hon. Gentleman give way?

25 Oct 2011 : Column 251

Andrew Percy: I give way to the hon. Lady, who has a great deal of experience in this area.

Mrs Moon: I too was a member of the Committee considering the Coroners and Justice Bill, and I support the hon. Gentleman’s amendment. Another issue that should be considered is the inconsistency in the recording of verdicts, especially narrative verdicts, which has been creeping in increasingly. In some coronial systems, coroners are recording up to 59% deaths as “other”, which means that we are unclear about how those people died. Nationally, the average is 14%. That has a particular impact in cases of suicide. We must look ahead, because we know that we shall have a huge mental health problem when our troops come back from the front.

8.15 pm

Andrew Percy: One of the most important tasks of the chief coroner would have been supplying an annual report to Parliament, which would have enabled issues such as that to be debated here and, indeed, in another place.

Let me return to monitoring and training. The Lord Chancellor’s written ministerial statement made it clear that the provision for ensuring that coroners were suitably trained and the monitoring of investigations would not now be transferred or implemented. Crucially, although the Government claim that their proposals will allow training to happen, the statement removes the requirement for training, and instead puts it under section 37 of the Act, which simply states that training regulations on training “may” be issued.

It also concerns me that the monitoring of service inquests is currently completed by the defence inquest unit. In the context of transparency and accountability, I understand why many would see a conflict of interests. The DIU is part of the Ministry of Defence, which in the case of the deaths of service personnel is also the employer, and it will therefore be an interested party in relation to such investigations.

Mr Bob Ainsworth (Coventry North East) (Lab): I was responsible for the establishment of the DIU in an attempt to improve the service that we gave to coroners and thence the service that they could give to service personnel. However, the hon. Gentleman is absolutely right: there is a fundamental conflict of interests, given that the Ministry of Defence is attempting to assist an independent coronial service to such a degree. That separation of powers, coupled with the need to improve service and timeliness for bereaved service families, goes to the heart of the need for a chief coroner.

Andrew Percy: The right hon. Gentleman has much more expertise in this area than I do. His powerful comments will have been heard, and I think that they prove exactly why we want the chief coroner in post to ensure that there is monitoring and that it is completely independent of Government.

I have already mentioned the chief coroner’s parliamentary oversight through the annual report, so I will not dwell on that. Instead, let me turn to the issue of appeals. I do not deny that a key aspect of the chief coroner’s functions—hearing appeals—is a bone of contention both in the House and outside. My personal instinct was to be somewhat sceptical, which is why I examined the appeals system in a bit more detail.

25 Oct 2011 : Column 252

I certainly would not advocate the removal of the chief coroner from the Bill if I did not also believe that a chief coroner—as Parliament agreed when it passed the legislation—would reduce the need for so many bereaved people to engage in expensive litigation, as they must at present, through judicial review. I do not think that anyone wants a system in which people’s experience of the system is extended through protracted appeals. However, it cannot be right that at present the only avenue of appeal that is open to the families of those who have made the ultimate sacrifice, and who want to challenge the decisions of coroners and their conduct at an inquest, is a complex and expensive judicial review system, or persuading the Attorney-General to exercise his power of fiat. Surely it would be much more cost-effective and efficient for a High Court judge as chief coroner to resolve some legal issue currently resolved in the administrative court. The alternative proposed by the Royal British Legion is to trial this. Therefore, it is accepted that there is a debate to be had about appeals. Adopting the joint RBL and Inquest proposal for an appeals trial is sensible.

Although my knowledge of the subject is limited, I have explained as best I can the most compelling arguments for leaving the chief coroner out of the Bill. I think this is the right way to proceed, and the ComRes poll to which I referred earlier illustrates that I am in good company. One of its findings is that 60% of the public believe a chief coroner should be appointed immediately—although polls must always be taken in the context in which they are asked, and all of us who are involved in politics know how they work. The theme running through the ComRes poll is that people want more support for bereaved families and a system that is independent of Government, and they want that quickly. I think all Members support that.

I readily concede that those who have been through the system are far better advocates of this case than me. In the last few days, we will all have received an e-mail from Gareth Turkington, the brother of Lieutenant Neal Turkington, who served in the Royal Gurkhas and who, sadly, died in Afghanistan. Gareth’s e-mailed letter to MPs contained some powerful phrases about the current system. He says:

“It was one of the most harrowing experiences of our lives…We as a family sought a full, independent, impartial inquest—precisely the function of the coroner—to establish how the event had happened and the circumstances of how Neal was killed. What we witnessed instead was a lack of rigorous investigation and a denial of any form of accountability or responsibility for duty of care towards Neal’s safety.”

Such situations do not only arise in respect of service deaths, as other people have similar experiences of the system. Sue Ainsworth, a lead midwife at the University Hospital of North Tees, also gave evidence on this issue. Her 21-year-old son died from sudden cardiac arrest. Her testimony is powerful. She states that the inquest took eight months and she found the system in many respects to be lacking in any empathy for the situation she had faced. She concludes:

“The coroner’s conduct was unacceptable. When I refused to be quiet at the Inquest and persisted in asking questions, it was then hurriedly concluded with the pathologist and the coroner abruptly leaving the room.”

If that is a manifestation of respect in the system, I would not like to know what disrespect is.

25 Oct 2011 : Column 253

Sadly, such experiences are not isolated incidents. Many coroners fulfil their role perfectly well, but others do not. Although people can point to good and bad practice in the current system, the fact that there is bad practice suggests to me, taking a common sense point of view, that there has to be somebody at the top, such as a chief coroner—or perhaps someone holding a less expensive position—who is independent of Ministers and who can drive this reform, and who ensures there is accountability back to Parliament. That is why, at present, I intend to press this amendment to a Division.

Michael Dugher (Barnsley East) (Lab): I would like to begin by paying tribute to the hon. Member for Brigg and Goole (Andrew Percy) on his excellent contribution and on tabling his amendment, which we will support. He articulated succinctly and powerfully why the Government are wrong on this issue and must think again. He made it clear that this is not about party politics; rather, it is a matter of national concern. We share that view.

The last time this Bill was debated in the Chamber, the Minister for the Cabinet Office and Paymaster General said he was confident that the Government’s proposals to transfer certain statutory functions from the role of chief coroner would “gain widespread support”. He could not have been more wrong. I am not aware of a single organisation that has accepted the wisdom of the Government’s approach; instead, all remain highly critical. In fact, the Government have managed to manoeuvre themselves into a situation where they are pitched against the Royal British Legion, INQUEST, Cruse Bereavement Care, Victim Support, Action against Medical Accidents, Cardiac Risk in the Young, the Child Bereavement Charity, Disaster Action, Support after Murder and Manslaughter, Survivors of Bereavement by Suicide, The Compassionate Friends, RoadPeace and Brake, the road safety charity. It is a remarkable achievement for any Government to find themselves opposed on such an issue by so many organisations that do so much good work for so many people in this country.

Robert Flello: It is also important to add to the list the Marchioness Action Group, the stillbirth and neonatal death charity and other charities and organisations who say with one voice that the Government have got this wrong and that they should change their mind.

Michael Dugher: My hon. Friend adds to the list, and a written answer from the Ministry of Justice to my hon. Friend states that it is calculated that at least 95% of responses to the Department’s consultation on the Bill support the RBL call not to abolish the position of chief coroner.

It is widely acknowledged that there are currently great variations in both the manner and quality of coronial inquests. It is clear that reform is long overdue. The creation of the post of chief coroner was at the heart of the new reforms introduced under the Coroners and Justice Act 2009, and that was the result of three years of review and consultation and proposed on the basis of cross-party support.

Mrs Moon: There is also inconsistency in the willingness of coroners to collaborate with academic research, which can be vital, such as in demonstrating health changes, in particular in relation to suicide, which is an area on

25 Oct 2011 : Column 254

which I focus. Some coroners are more than happy to open their records, so we can get an accurate picture of what some of the narrative verdicts actually mean. Others will not allow access to their records, and research is therefore skewed so we do not get an accurate picture of deaths in this country.

Michael Dugher: My hon. Friend makes a powerful point. Before the recent legislation, review after review of the coroner system recommended that a chief coroner was the only way to bring about the required changes. In 2003, the Luce review, a fundamental review into death certification and investigation, found that the coroner system was outdated, inconsistent and unsympathetic to families. One of its headline recommendations was for the establishment of a chief coroner position to handle appeals and oversee standards. That review was followed by Dame Janet Smith’s third report of the Shipman inquiry, which again proposed that leadership for coroners should come from an independent chief coroner.


Bob Stewart: I am slightly worried. I like the idea of having independent coroners, and I do not like the idea of instruction coming down to them; I like the idea of these coroners possibly saying something that we might not find acceptable. That is why I am slightly worried about the idea of a chief coroner imposing, or suggesting, rules downwards. I would like to make sure that that does not happen.

Michael Dugher: The hon. Gentleman knows that I have the utmost respect for him and especially for the distinguished service he gave to this country. I have to say to him that independence is at the heart of the proposal for the chief coroner. Introducing national leadership under the chief coroner’s post was rightly seen as a vital step towards tackling the problems of unacceptable delays, a lack of accountability and inconsistent standards across the country. The move would meet the interests of bereaved families and the wider public in terms of quality, effectiveness of investigations and ensuring that knowledge is applied to prevent avoidable death and injury in the future.

Mr Ainsworth: The hon. Member for Beckenham (Bob Stewart) has a point, but it is not the poor coroners, of whom there are many, who say uncomfortable things and whose findings make Departments such as the Ministry of Defence very uncomfortable. It is the good coroners who do that. I am talking about people such as Mr Masters, the Trowbridge coroner, who does that very effectively. There is no consistency at the moment, as there is good and bad practice; there are two extremes of the spectrum. That is why we need a chief coroner to spread best practice throughout the system for the benefit of not only bereaved families, but government.

8.30 pm

Michael Dugher: My right hon. Friend, who was an extremely good Secretary of State for Defence and did so much work to drive through improvements in this area, is of course right, which is why the reforms were universally welcomed by charities and professionals. It was on the basis of a political consensus on both sides of the House that it was determined that a chief coroner

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was needed. At the time, the hon. Member for Old Bexley and Sidcup (James Brokenshire), who is now a Minister in the Home Office, said:

“We all welcome the establishment of the chief coroner”.—[Official Report, 26 January 2009; Vol. 487, c. 111.]

The Government now want to go against those recommendations at a time when, if anything, inquests are becoming more complex. The Lord Chancellor has acknowledged the limited nature of the Government’s proposals, making it clear that no

“individual will be responsible for the leadership, culture or behaviour of coroners.”—[Official Report, 14 June 2011; Vol. 529, c. 66WS.]

That is precisely why we need a chief coroner in the first place.

The Government cite the costs of setting up and running the office of the chief coroner as the main reason for scrapping the role but, as has been said, the credibility of their own figures has been questioned on numerous occasions by third parties since the initial impact assessment was made some three years ago. The Government have not properly factored in the costs of failing to implement the reform, such as the £500,000 spent every year on judicial reviews or the costs associated with transferring some of the functions from the office of the chief coroner to the Lord Chief Justice. Most significantly, given that the current system is failing to learn from previous fatalities, the costs of repeated and expensive investigations and inquests into similar deaths are not included in the cost assessment.

I am aware that other hon. Members wish to speak, so I shall conclude. On Saturday, I had the great privilege of launching the poppy appeal in Barnsley with the Hoyland and District branch of the Royal British Legion, of which I am a proud member. I did the launch with members of the public, local councillors, volunteers and a number of veterans who have served this country in the armed forces with such distinction, and I pay tribute to their service and sacrifice. The director general of the Royal British Legion, Mr Chris Simpkins, has said that axing the chief coroner would be

“a betrayal of bereaved Service families”.

He is absolutely right, and I am sure that the Under-Secretary of State for Justice, the hon. Member for Huntingdon (Mr Djanogly) would want to listen to the words of the Royal British Legion. In case he missed the point, I repeat that Mr Simpkins said that this would be

“a betrayal of bereaved Service families”.

Honouring that commitment to create the office of chief coroner is the first test of the Government’s commitment to the military covenant—that bond between our nation and our armed forces. Failing in their duty to meet that test would make a mockery of the Government’s assurances of greater support for the military and their families. As hon. Members have mentioned, this is also about speaking up for those other organisations that represent families who have suffered bereavement in different circumstances.

Mr James Gray (North Wiltshire) (Con): I tend to agree with the general argument that the hon. Gentleman is making but I am not certain that I agree with some of the hyperbole about sticking up for our armed forces

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families, which every single Member of the House does whichever side of this argument they may be on. I am not sure that is a sound argument. Does he agree with his right hon. Friend the former Secretary of State for Defence? His point is that people like Mr Masters in Wiltshire and, indeed, the Oxfordshire coroner are great experts in military inquests and that that has been fine while the bodies have been coming back through Lyneham and/or Brize Norton but that if we are to spread out the inquests across England and the rest of Britain as we hope to do, we need to make sure that that degree of expertise is enjoyed by all the coroners across the area. That is why we need better training and a chief coroner.

Michael Dugher: The hon. Gentleman is right and he makes a powerful case for our argument. It is the inconsistency of standards that we are concerned about. There are good coroners but, if we are honest, looking back at recent cases there are many examples of where the system has not worked, and that simply is not acceptable. That is why the Opposition will stand firm behind the armed forces and their families, behind the Royal British Legion and behind other bereaved families who have been let down time and again in the past by the coroner system.

Before this debate, I received a message from the Royal British Legion that said:

“Here’s hoping MPs of all parties will do the right thing by bereaved families, especially bereaved Armed Forces families, at this poignant time”—[Interruption.]

Those are the words of the Royal British Legion. We will do the right thing and the Government should too.

The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly): I thank my hon. Friend the Member for Brigg and Goole (Andrew Percy) for initiating this important debate and I thank the hon. Member for Barnsley East (Michael Dugher) for his contribution. I thank also stakeholders, particularly the noble Baroness Finlay, the Royal British Legion, INQUEST and Cardiac Risk in the Young for their passion for and commitment to reform. I have met them all on numerous occasions and our discussions have helped to shape the Government’s thinking on our proposals for reform of the coroner system. I have to say that our discussions have not been just of the yes/no variety described by the hon. Gentleman.

Mr Kevan Jones: Does the Minister agree with the Under-Secretary of State for Justice, the hon. Member for Reigate (Mr Blunt), who has just said that what the Royal British Legion said was a disgrace?

Mr Djanogly: We are all aware of the importance of the issue and the outcome of this debate has the potential to affect thousands of people who come into contact with the coroner system, often in exceptionally difficult circumstances. Honouring the memory of those who give their lives for their country is very close to the heart of this Government, as it is to all hon. Members I am sure, but I point out to my hon. Friend the Member for Brigg and Goole that our reforms go further, as they concern all coroners, not just military inquests.

Hon. Members will be well aware of the Government’s position on this. Urgent reform is needed to drive up standards across the piece and to learn lessons from the inquest process. This must be achieved through consistent

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training for coroners, by tackling the cause of delays in the inquest process, by setting a framework of standards that the bereaved have the right to expect from the coroner system and by removing barriers to hearing inquests at the most convenient location for bereaved families.

Robert Flello: After the disgraceful comments of the Minister’s colleague, who said, “These people are a disgrace,” this Minister said that he had had many discussions with the Royal British Legion, INQUEST and the like. Will he comment on the observations of those organisations that following those meetings they discovered that what had been said to one group about one organisation differed from what that organisation had actually said? There has much sleight of hand.

Mr Djanogly: I would disagree with that. I had meetings with them together as well as separately. It is true that they opposed our proposals on one hand, but they were also in discussions with us in order to make our proposals work better. I was very grateful for their input and I can tell hon. Members that what has come about has been based partly on the changes they suggested.

The Coroners and Justice Act 2009 enables us to do all the things I have outlined. I accept that the Act, as originally drafted, envisaged that some functions would be carried out by a chief coroner, but that is not the only way of implementing the reforms. Indeed, the transfer of functions to the Lord Chief Justice and the Lord Chancellor will ensure that they are taken forward quickly, effectively and without the cost associated with establishing the office of chief coroner. I assure hon. Members that the independence of the judiciary is every bit as secure in the hands of the Lord Chief Justice as it would have been in the hands of the chief coroner. Debates in this House and the other place, as well as my own stakeholder engagement, have clearly shown that there are widely held misconceptions about the extent of the chief coroner’s powers. In practice, the chief coroner’s powers to direct coroners would have been limited and any leadership would have been provided entirely through influence and persuasion.

Mark Durkan (Foyle) (SDLP): Is the Minister not aware from his meetings with the various groups that have been mentioned that the current Government’s engagement with them on the issue has given them absolutely no confidence in the idea that some of these responsibilities would rest with the Lord Chancellor and some of his Ministers in future?

Mr Djanogly: I have not come away with that impression when I have met those organisations.

Let me set out plainly that the chief coroner would not have had any enforcement powers to ensure authorities comply with actions to prevent future deaths that coroners may have reported to them. The chief coroner would not have had the power to investigate complaints about the conduct of coroners or, indeed, to direct a coroner on how to conduct an investigation. Complaints, quite rightly, will continue to lie with the Office for Judicial Complaints. The chief coroner would not, as some have suggested, have been responsible for managing or appraising individual coroners. On administrative issues, the chief

25 Oct 2011 : Column 258

coroner would not have been answerable to Parliament, as the Minister will be under our proposed ministerial board.

The hon. Member for Bridgend (Mrs Moon) said that, without a chief coroner, inconsistencies in the reporting of suicide verdicts and the increasing use of narrative verdicts would continue. The chief coroner would have had no remit to direct coroners in how they use narrative verdicts. Coroners are independent judicial office holders. Only coroners can decide on the appropriate form of verdict.

Mrs Moon: I served on the Committee that considered the Coroners and Justice Bill, and one of the things that I discussed throughout was the role of the chief coroner. One of my concerns was the totally fragmented nature of the system. I was given an absolute assurance in Committee that the chief coroner would have the capacity to oversee and call in verdicts and to ensure not only consistency but investigation, where there were suicide clusters in particular.

Mr Djanogly: The hon. Lady is very involved with coroners. We have had several meetings on coroners. She is dedicated to coronial reform—I respect her for that—but I am afraid that what she thought was the position arising from the Coroners and Justice Act 2009 is not right. Such inconsistencies and misconceptions are rife, which is why I feel that it is so important to address them now.

Mr Ainsworth rose—

Mark Durkan rose—

Mr Djanogly: Let me move on, otherwise I shall not get through.

Under the proposals announced to Parliament on 14 June, we can deliver a significant package of reform to the coroner system. Transferring the majority of the chief coroner’s functions to either the Lord Chief Justice or Lord Chancellor will allow us to implement the vast majority of the reforms envisaged under part 1 of the Coroners and Justice Act 2009. Those powers include allowing the Lord Chancellor to make regulations about the way in which the coroner system is expected to operate in relation to bereaved relatives; allowing the Lord Chancellor to make regulations about the practice and procedure in coroner investigations, such as the disclosure of information to bereaved relatives and minimum standards for post mortem examinations; allowing the Lord Chief Justice to make rules to regulate practice and procedure at inquests; allowing the Lord Chief Justice to make rules in relation to the training of coroners, including specialist training, for instance, relating to military inquests; allowing the Lord Chancellor to amend coroner areas; and allowing the transfer of military cases to and from Scotland.

I found it somewhat sad to hear some hon. Members suggest that we are letting down service families. If we were leaving the office in the 2009 Act alone and not implementing the changes, I would agree with them. However, we are providing real and significant changes to the system that will directly improve the experience and treatment of service personnel families who come into contact with the coroner system.

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Paul Goggins: The Government are making a huge mistake. The sooner the Minister realises that the better. He has been very evasive about the costings and has refused absolutely to interrogate the figures that he seems to have been given by his officials. Will he now explain what estimate he has made of the additional costs that will be incurred by transferring statutory functions from the chief coroner to the Lord Chief Justice?

Mr Djanogly: I will come on to the costings and explain why the costings provided by the last Government were correct—we checked them—but let me finish what I was saying.

The powers will allow the Department of Health to proceed with its proposals to introduce a new system for examining the causes of death, thereby fulfilling one of the key recommendations of Dame Janet Smith’s report on the Shipman inquiry.

Concerns were expressed in Committee that I might not give this work the priority that it deserves. That could not be further from the truth. In particular, we have plans to establish a new ministerial board to drive these reforms, to provide oversight of the non-judicial aspects of the coroner system, and to provide a direct line of accountability on these matters to Parliament. We will also establish a bereaved organisations committee that will support the board and provide those who represent bereaved families with a direct line to Ministers.

Sir Alan Beith: One of the concerns of the Justice Committee has been about the uncertain and widely differing arrangements for providing financial support for coroners and the widely differing arrangements for providing coroners officers, who are sometimes provided by the police and sometimes by the local authority, with no uniform standard of training. Will the system that the Minister is describing deal with this problem?

Mr Djanogly: Yes, the board will be there to address policy issues such as those that my right hon. Friend mentioned. It is important to keep in mind that the position of chief coroner would have had power over none of those.

The ministerial board will meet quarterly, with the dates fixed and publicised well in advance so that meetings cannot be cancelled without good reason. The board will also have a strong independent feel to it, with coroners and other members sitting on it, together with representatives from the bereaved organisations committee.

The new committee will be independently chaired and I have given commitments that the chair cannot be appointed or removed without the approval of committee members. I would expect the chair to become a powerful advocate for the bereaved and be a champion of coroner reform. If the Government are not delivering on this package of reforms, I would expect the chair to hold us to account.

The bereaved organisations committee will have a particular remit to monitor the new charter for coroner services. The charter, which we intend to publish in early 2012 following the recent consultation exercise, will set out for the first time the standards of service that those coming into contact with the system can and should expect. This will play a vital role in driving up

25 Oct 2011 : Column 260

standards of service and helping people to understand their rights and responsibilities in relation to the coroner system.

Simon Hughes: I am listening carefully because I, like others, need some persuasion. Why would it not be possible, compatible with all the other arrangements that the Minister is setting out, for one coroner to be designated as the chief coroner, to have the same sort of responsibility for the coronial service as a presiding judge has in a circuit or over one of the divisions of the High Court, and to be the route of communication up and down at no or no significant additional cost?

Mr Djanogly: We would expect that to be the situation because we would expect the Lord Chief Justice, who would be responsible for the judicial aspects, to appoint someone, but that would be within current costings. I should also say, because this was raised by the hon. Gentleman’s right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) in an earlier remark, that that cannot, under existing legislation, be an existing coroner. It can be only a High Court judge or a circuit judge. That would be at a cost of some £400,000 a year.

Simon Hughes rose—

Mr Djanogly: If the right hon. Gentleman does not mind, I do not have much time and I must proceed.

I want to reassure hon. Members that the Government have listened to concerns expressed here and in the other place and by a large number of organisations. We have responded to these concerns and we have compromised, so we no longer intend to abolish the office of the chief coroner. Moving the office from schedule 1 to schedule 5 means that we will retain the chief coroner in statute. We have listened to the views of stakeholders on the constitution and remit of the new ministerial board and bereaved organisations committee and we have amended our proposals accordingly. We are considering a requirement for the new board to produce an annual report to Parliament, as my hon. Friend the Member for Brigg and Goole wished, strengthening further the accountability for and transparency of our reform proposals.

The Government’s decision not to proceed with full implementation was not taken lightly. My hon. Friend the Member for Brigg and Goole, I thought, made somewhat light of the costs of the chief coroner. The simple fact is that we cannot afford the establishment costs of £10.9 million and running costs of £6.6 million per year, especially when functions can be carried out from within existing resources.

Andrew Percy: Can the Minister tell me how much his Department spent on consultants in the past year?

Mr Djanogly: I can get back to my hon. Friend on that. I will write to him. I do not have the figures to hand.

I note the concerns that hon. Members have raised about the establishment and running costs, which are of course drawn from the original impact assessment prepared by the previous Administration which accompanied the Coroners and Justice Act. However, even if Opposition Members now dispute their own figures, we cannot

25 Oct 2011 : Column 261

escape the fact that new funding is required at a time when the Ministry of Justice is facing budget cuts of some 23%. As the hon. Member for Stoke-on-Trent South (Robert Flello) knows very well, we placed a breakdown of our figures in the House of Commons Library months ago. The alternative package of reforms can, I firmly believe, deliver the policy intentions of part 1 of the 2009 Act, but without the expense of establishing and maintaining the office of the chief coroner.

I can confirm to my hon. Friend the Member for Brigg and Goole that I have considered the new Royal British Legion and INQUEST proposals for an elongated implementation timetable in order to spread the cost of the office of chief coroner, but their proposals would mean a delay to the urgently needed reforms of several years, and there is no guarantee that even then funding will be available to establish the office. At best there would be a delay to reform, and at worst there would be no reform at all.

I began by speaking of the urgent need for reform, and I would urge my hon. Friend to consider the ramifications of his amendment. If the office of chief coroner were to be removed from schedule 5, the office would be left in statute, but with no prospect of its powers being implemented. In turn, without the ability to transfer chief coroner functions elsewhere, we would be prevented from implementing all but a small handful of provisions in part 1 of the 2009 Act. That would leave us with the worst possible outcome: little or no meaningful reform. That would be unacceptable; not least to the families of the bereaved who deserve and expect urgent reform of the system.

I therefore urge my hon. Friend to withdraw his amendment so that we can proceed with the urgent and much needed reform of the coroner system.

Mr Gordon Marsden (Blackpool South) (Lab): I want to place on record, adding to what has been said already, my admiration for the speech of the hon. Member for Brigg and Goole (Andrew Percy). I speak as one of the Members of Parliament for Blackpool, a town which has had a strong focus on service issues and which was involved in the launch of veterans week. I also declare an interest as chair of the all-party veterans group.

The argument for retaining the office of chief coroner cannot be divorced from the trauma and tragedy of the unexplained deaths and unanswered questions around Deepcut barracks over a seven-year period. Deepcut is not the only place from which the grief and trauma of the families who galvanised the urgency for the office came. I was first involved in this issue through the work of my colleague, the former Member of Parliament for Blackpool North and Fleetwood, Joan Humble, who took up the case of Lance Corporal Derek McGregor, who died at the Catterick barracks in July 2003. His father was one of Joan’s constituents. She chaired the all-party group on Army deaths, which focused on peacetime non-combat deaths. She has not forgotten the issue, and nor have the bereaved families of service personnel. This Saturday there will be a conference in Blackpool for bereaved service families organised by the Soldiers, Sailors, Airmen and Families Association. Those bereaved families hoped and believed that the office of the chief coroner would have a team to look systematically at the other reports from coroners on Army deaths and

25 Oct 2011 : Column 262

to make recommendations to the Ministry of Defence. It is in that context that the whole issue of narrative verdicts on how a son or daughter has died is important, not simply in giving some comfort to the bereaved relatives, but crucially in the process of assessing and for transparency.

Charlie Elphicke: Will the hon. Gentleman give way?

Mr Marsden: No, I will not give way because of the lack of time.

That is one of the issues that is at the heart of tonight’s debate. We have an opportunity to do something to respond to those views. The Minister’s response has been appalling. The Minister spent half of his speech on issues that were more or less off the subject, which is not surprising as he seems to have inhabited a parallel universe during most of his conversations with the groups who have put their case forward. At this of all times they urge the Government to do the right thing. I do not say this lightly, but in 14 years as a Member of the House I have seldom if ever read a more damning brief on the Government’s performance than that which many Members will have received from the Royal British Legion. It said:

“Any suggestion that a Chief Coroner just for military inquests could achieve the essential reforms needed would be misguided and would entirely miss the point. It is not what we are calling for….The Government’s costings are inflated”

as many Members have said. It continues:

“Ministers have tried to imply that we are to blame for reforms supposedly being ‘delayed'. We totally reject this misleading charge. It is the Government that is delaying reform. It was the Government who cancelled the Chief Coroner's appointment after the post had been filled…Why should they”—

families—

“have to go to expensive judicial review when they could appeal to a Chief Coroner to resolve issues more speedily and cost-effectively?”

There seems to be no indication from the Government Front Bench that the building up of a body of evidence from the excellent coroners who have been referred to is a crucial part of the process. Instead, we have heard from a Minister on the defensive describing a whole collection of twisted and complex arrangements that will do nothing whatsoever.

Robert Flello: On that point, will my hon. Friend give way?

Mr Marsden: I am sorry, but I will not.

The great military and diplomatic historian Garrett Mattingly said that to do justice to the dead as well as to the living is what matters. That is one of the issues at the heart of tonight's debate. I urge Members on both sides of the House to take those points on board, consider what the hon. Member for Brigg and Goole has said and support his amendment.

Sir Alan Beith: The Justice Committee has on two occasions—in its present and previous form—published reports dedicated not to the creation of an office or a title, but to fundamental reform of a system in which there are too many differences across the country. There are too many differences in the ability and efficiency of coroners, in how they are resourced and how their offices are provided for, and too little support and

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sympathy is shown for bereaved relatives, whether military or those who belong to any of the other categories that have been mentioned today. The important question is not the title, but whether the reforms are actually carried out.

The Minister left me a little confused on whether some High Court judge will ultimately have the words “chief coroner” added to his title. My primary objective is to see reform of the system, rather than someone acquire the title, merit though I see in there being someone who could exercise some professional leadership, just as the head of ACPO exercises professional leadership among police officers and the heads of other organisations.

Robert Flello: Will the right hon. Gentleman give way?

Sir Alan Beith: I will not, as I want to be brief in order to allow another Member to speak in the time that remains.

The Justice Committee never wanted to see an office of the chief coroner that would be vast, expensive or become involved in the provision of an alternative appeals system, which in my view would never be a proper role for a chief coroner. A chief coroner could help to ensure that cases were handled by the right coroner and that the necessary advice had been given, but appeals against what happened in an inquest need to be to a superior court that has the capacity to examine the legal questions that will then arise.

The coroners system does not exist in Scotland. If military casualties were flown directly to Scotland, they would not be the subject of inquests, unless of course that were to be stipulated in the Bill, because the Scottish system depends on the procurator fiscal deciding that there is something to be investigated, which a wholly different approach. In England, Wales and Northern Ireland, we have always assumed that having the coroner as an objective adjudicator of the cause of death in cases where that was in doubt, or where the state was involved, was a necessary part of our system. Making that system work effectively should be our primary objective.

I welcome the attention that the Royal British Legion has given the matter and remain of the view that it would be useful to have professional leadership from someone designated as chief coroner, but what I want more than anything is for the Government to go ahead with introducing proper, judicially based support for the coroners system so that we can ensure that coroners are properly resourced and are of even quality across the country.

Mr Ainsworth: The most telling intervention on the hon. Member for Brigg and Goole (Andrew Percy), who moved the amendment, was from the hon. Member for South Antrim (Dr McCrea), who asked how we got to where we are. After three years of consultation, cross-party agreement and a full examination of what was needed, how did we get to a position in which that has been scrapped and thrown away by the Government as part of a bundle of measures intended to save costs—costs that they will not even share? How did we get to a position in which the Government continually say that

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there was constructive dialogue with organisations which basically claim that there has been skulduggery and no effective dialogue with them at all?

When the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) said he wanted clarification, the Minister made it clear from a sedentary position that no High Court judge would have the words “chief coroner” added to his title. There will be no independent leadership for the coronial system under what is proposed. It is the Government themselves who are causing that delay, not the hon. Member for Brigg and Goole or those of us who want to see the creation of the office of the chief coroner. It is the Government who are causing the delay and the only way to move them is to support the amendment so ably moved by—

9 pm

Proceedings interrupted (Programme Order, this day)

The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the amendment be made.

The House divided:

Ayes 235, Noes 287.

Division No. 375]

[9 pm

AYES

Abbott, Ms Diane

Ainsworth, rh Mr Bob

Alexander, rh Mr Douglas

Alexander, Heidi

Ali, Rushanara

Anderson, Mr David

Ashworth, Jonathan

Austin, Ian

Bain, Mr William

Banks, Gordon

Barron, rh Mr Kevin

Beckett, rh Margaret

Begg, Dame Anne

Bell, Sir Stuart

Benn, rh Hilary

Benton, Mr Joe

Berger, Luciana

Betts, Mr Clive

Blackman-Woods, Roberta

Blears, rh Hazel

Blenkinsop, Tom

Blomfield, Paul

Blunkett, rh Mr David

Bradshaw, rh Mr Ben

Brennan, Kevin

Brown, Lyn

Brown, rh Mr Nicholas

Brown, Mr Russell

Buck, Ms Karen

Burden, Richard

Burnham, rh Andy

Campbell, Mr Alan

Campbell, Mr Ronnie

Caton, Martin

Chapman, Mrs Jenny

Clwyd, rh Ann

Coaker, Vernon

Coffey, Ann

Connarty, Michael

Cooper, Rosie

Corbyn, Jeremy

Creagh, Mary

Creasy, Stella

Cruddas, Jon

Cryer, John

Cunningham, Alex

Cunningham, Mr Jim

Cunningham, Tony

Curran, Margaret

Dakin, Nic

Danczuk, Simon

Darling, rh Mr Alistair

David, Mr Wayne

Davies, Geraint

De Piero, Gloria

Denham, rh Mr John

Dobbin, Jim

Dobson, rh Frank

Docherty, Thomas

Donaldson, rh Mr Jeffrey M.

Donohoe, Mr Brian H.

Doran, Mr Frank

Dowd, Jim

Doyle, Gemma

Dugher, Michael

Durkan, Mark

Eagle, Ms Angela

Eagle, Maria

Edwards, Jonathan

Efford, Clive

Elliott, Julie

Ellman, Mrs Louise

Engel, Natascha

Esterson, Bill

Evans, Chris

Field, rh Mr Frank

Fitzpatrick, Jim

Flello, Robert

Flint, rh Caroline

Flynn, Paul

Fovargue, Yvonne

Francis, Dr Hywel

Gapes, Mike

Gilmore, Sheila

Glass, Pat

Glindon, Mrs Mary

Godsiff, Mr Roger

Goggins, rh Paul

Goodman, Helen

Gray, Mr James

Greatrex, Tom

Green, Kate

Greenwood, Lilian

Griffith, Nia

Gwynne, Andrew

Hain, rh Mr Peter

Hamilton, Mr David

Hamilton, Fabian

Hanson, rh Mr David

Harman, rh Ms Harriet

Harris, Mr Tom

Havard, Mr Dai

Healey, rh John

Henderson, Gordon

Hendrick, Mark

Heyes, David

Hilling, Julie

Hodge, rh Margaret

Hodgson, Mrs Sharon

Hoey, Kate

Hood, Mr Jim

Hopkins, Kelvin

Hosie, Stewart

Howarth, rh Mr George

Hunt, Tristram

Irranca-Davies, Huw

Jackson, Glenda

James, Mrs Siân C.

Jamieson, Cathy

Jarvis, Dan

Johnson, rh Alan

Johnson, Diana

Jones, Graham

Jones, Helen

Jones, Mr Kevan

Jones, Susan Elan

Jowell, rh Tessa

Kaufman, rh Sir Gerald

Keeley, Barbara

Kendall, Liz

Khan, rh Sadiq

Lammy, rh Mr David

Lavery, Ian

Lazarowicz, Mark

Lewis, Mr Ivan

Lloyd, Tony

Llwyd, rh Mr Elfyn

Long, Naomi

Love, Mr Andrew

Lucas, Caroline

Lucas, Ian

MacShane, rh Mr Denis

Mactaggart, Fiona

Mahmood, Shabana

Mann, John

Marsden, Mr Gordon

McCann, Mr Michael

McCarthy, Kerry

McClymont, Gregg

McCrea, Dr William

McDonnell, John

McFadden, rh Mr Pat

McGovern, Alison

McGuire, rh Mrs Anne

McKechin, Ann

McKenzie, Mr Iain

McKinnell, Catherine

Meacher, rh Mr Michael

Meale, Sir Alan

Mearns, Ian

Michael, rh Alun

Miliband, rh David

Miliband, rh Edward

Miller, Andrew

Mitchell, Austin

Moon, Mrs Madeleine

Morden, Jessica

Morrice, Graeme

(Livingston)

Morris, Grahame M.

(Easington)

Mudie, Mr George

Mulholland, Greg

Murphy, rh Mr Jim

Murray, Ian

Nandy, Lisa

Nash, Pamela

O'Donnell, Fiona

Onwurah, Chi

Osborne, Sandra

Owen, Albert

Pearce, Teresa

Percy, Andrew

Perkins, Toby

Pound, Stephen

Raynsford, rh Mr Nick

Reeves, Rachel

Reynolds, Emma

Reynolds, Jonathan

Riordan, Mrs Linda

Ritchie, Ms Margaret

Robertson, Angus

Robinson, Mr Geoffrey

Rotheram, Steve

Roy, Mr Frank

Roy, Lindsay

Ruddock, rh Joan

Sarwar, Anas

Seabeck, Alison

Shannon, Jim

Sharma, Mr Virendra

Shuker, Gavin

Simpson, David

Skinner, Mr Dennis

Slaughter, Mr Andy

Smith, rh Mr Andrew

Smith, Angela

Smith, Nick

Smith, Owen

Stringer, Graham

Stuart, Ms Gisela

Swales, Ian

Tami, Mark

Thomas, Mr Gareth

Thornberry, Emily

Timms, rh Stephen

Trickett, Jon

Turner, Karl

Twigg, Derek

Twigg, Stephen

Umunna, Mr Chuka

Vaz, Valerie

Walley, Joan

Watts, Mr Dave

Weir, Mr Mike

Whiteford, Dr Eilidh

Whitehead, Dr Alan

Williams, Hywel

Williamson, Chris

Wilson, Phil

Winnick, Mr David

Winterton, rh Ms Rosie

Wishart, Pete

Wood, Mike

Woodcock, John

Wright, David

Wright, Mr Iain

Tellers for the Ayes:

Chris Ruane and

Mr Philip Hollobone

NOES

Adams, Nigel

Afriyie, Adam

Aldous, Peter

Andrew, Stuart

Arbuthnot, rh Mr James

Bacon, Mr Richard

Baker, Steve

Baldwin, Harriett

Barclay, Stephen

Barker, Gregory

Baron, Mr John

Bebb, Guto

Bellingham, Mr Henry

Benyon, Richard

Beresford, Sir Paul

Berry, Jake

Bingham, Andrew

Binley, Mr Brian

Blackman, Bob

Blackwood, Nicola

Blunt, Mr Crispin

Boles, Nick

Bone, Mr Peter

Bradley, Karen

Brady, Mr Graham

Bray, Angie

Brazier, Mr Julian

Brokenshire, James

Browne, Mr Jeremy

Bruce, Fiona

Bruce, rh Malcolm

Burley, Mr Aidan

Burns, rh Mr Simon

Burrowes, Mr David

Burstow, Paul

Burt, Alistair

Burt, Lorely

Byles, Dan

Cable, rh Vince

Campbell, rh Sir Menzies

Carmichael, Neil

Chishti, Rehman

Chope, Mr Christopher

Clappison, Mr James

Clark, rh Greg

Clarke, rh Mr Kenneth

Clifton-Brown, Geoffrey

Coffey, Dr Thérèse

Collins, Damian

Colvile, Oliver

Cox, Mr Geoffrey

Crouch, Tracey

Davey, Mr Edward

Davies, David T. C.

(Monmouth)

Davies, Glyn

Davies, Philip

de Bois, Nick

Djanogly, Mr Jonathan

Dorrell, rh Mr Stephen

Doyle-Price, Jackie

Drax, Richard

Duddridge, James

Duncan, rh Mr Alan

Duncan Smith, rh Mr Iain

Ellis, Michael

Ellison, Jane

Ellwood, Mr Tobias

Elphicke, Charlie

Eustice, George

Evans, Graham

Evans, Jonathan

Evennett, Mr David

Fabricant, Michael

Fallon, Michael

Featherstone, Lynne

Field, Mr Mark

Foster, rh Mr Don

Francois, rh Mr Mark

Freer, Mike

Fullbrook, Lorraine

Fuller, Richard

Gale, Mr Roger

Garnier, Mr Edward

Garnier, Mark

Gauke, Mr David

Gibb, Mr Nick

Gilbert, Stephen

Gillan, rh Mrs Cheryl

Glen, John

Goldsmith, Zac

Goodwill, Mr Robert

Graham, Richard

Grant, Mrs Helen

Grayling, rh Chris

Green, Damian

Greening, Justine

Grieve, rh Mr Dominic

Griffiths, Andrew

Gummer, Ben

Gyimah, Mr Sam

Halfon, Robert

Hames, Duncan

Hammond, rh Mr Philip

Hammond, Stephen

Hancock, Matthew

Hands, Greg

Harper, Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Hayes, Mr John

Heald, Oliver

Heath, Mr David

Hemming, John

Hendry, Charles

Herbert, rh Nick

Hinds, Damian

Hoban, Mr Mark

Hollingbery, George

Holloway, Mr Adam

Hopkins, Kris

Horwood, Martin

Howell, John

Huhne, rh Chris

Hunt, rh Mr Jeremy

Hunter, Mark

Huppert, Dr Julian

Hurd, Mr Nick

Jackson, Mr Stewart

James, Margot

Javid, Sajid

Jenkin, Mr Bernard

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, Mr David

Jones, Mr Marcus

Kawczynski, Daniel

Kelly, Chris

Kennedy, rh Mr Charles

Kirby, Simon

Knight, rh Mr Greg

Kwarteng, Kwasi

Laing, Mrs Eleanor

Lancaster, Mark

Lansley, rh Mr Andrew

Latham, Pauline

Laws, rh Mr David

Leadsom, Andrea

Lee, Jessica

Lee, Dr Phillip

Lefroy, Jeremy

Leigh, Mr Edward

Letwin, rh Mr Oliver

Lewis, Brandon

Lewis, Dr Julian

Liddell-Grainger, Mr Ian

Lidington, rh Mr David

Lopresti, Jack

Lord, Jonathan

Loughton, Tim

Luff, Peter

Lumley, Karen

Macleod, Mary

Maude, rh Mr Francis

Maynard, Paul

McCartney, Jason

McCartney, Karl

McIntosh, Miss Anne

McLoughlin, rh Mr Patrick

McPartland, Stephen

McVey, Esther

Menzies, Mark

Mercer, Patrick

Metcalfe, Stephen

Miller, Maria

Mills, Nigel

Milton, Anne

Mitchell, rh Mr Andrew

Mordaunt, Penny

Morgan, Nicky

Morris, Anne Marie

Morris, James

Mosley, Stephen

Mowat, David

Mundell, rh David

Murray, Sheryll

Murrison, Dr Andrew

Neill, Robert

Newmark, Mr Brooks

Newton, Sarah

Norman, Jesse

Nuttall, Mr David

O'Brien, Mr Stephen

Offord, Mr Matthew

Ollerenshaw, Eric

Opperman, Guy

Osborne, rh Mr George

Paice, rh Mr James

Parish, Neil

Patel, Priti

Pawsey, Mark

Penrose, John

Perry, Claire

Phillips, Stephen

Pickles, rh Mr Eric

Pincher, Christopher

Poulter, Dr Daniel

Prisk, Mr Mark

Raab, Mr Dominic

Reckless, Mark

Redwood, rh Mr John

Rees-Mogg, Jacob

Reevell, Simon

Reid, Mr Alan

Robathan, rh Mr Andrew

Robertson, Hugh

Robertson, Mr Laurence

Rogerson, Dan

Rosindell, Andrew

Rudd, Amber

Ruffley, Mr David

Russell, Bob

Sanders, Mr Adrian

Sandys, Laura

Scott, Mr Lee

Selous, Andrew

Shapps, rh Grant

Sharma, Alok

Shelbrooke, Alec

Simmonds, Mark

Simpson, Mr Keith

Skidmore, Chris

Smith, Miss Chloe

Smith, Henry

Smith, Julian

Smith, Sir Robert

Soames, rh Nicholas

Soubry, Anna

Spelman, rh Mrs Caroline

Spencer, Mr Mark

Stanley, rh Sir John

Stephenson, Andrew

Stevenson, John

Stewart, Bob

Stewart, Iain

Stewart, Rory

Streeter, Mr Gary

Stride, Mel

Stuart, Mr Graham

Stunell, Andrew

Sturdy, Julian

Swales, Ian

Swayne, rh Mr Desmond

Swinson, Jo

Syms, Mr Robert

Thurso, John

Timpson, Mr Edward

Tomlinson, Justin

Truss, Elizabeth

Turner, Mr Andrew

Tyrie, Mr Andrew

Uppal, Paul

Vaizey, Mr Edward

Vara, Mr Shailesh

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Charles

Walker, Mr Robin

Wallace, Mr Ben

Walter, Mr Robert

Watkinson, Angela

Weatherley, Mike

Webb, Steve

Wharton, James

Wheeler, Heather

White, Chris

Whittaker, Craig

Whittingdale, Mr John

Wiggin, Bill

Willetts, rh Mr David

Williams, Roger

Williamson, Gavin

Wilson, Mr Rob

Wright, Jeremy

Wright, Simon

Young, rh Sir George

Tellers for the Noes:

Norman Lamb and

Stephen Crabb

Question accordingly negatived.

25 Oct 2011 : Column 265

25 Oct 2011 : Column 266

25 Oct 2011 : Column 267

25 Oct 2011 : Column 268

The Deputy Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).

Clause 11

Procedure

Amendment made: 6, page 7, line 10, at end insert—

‘(11) In this section, references to the “30-day”, “40-day” and “60-day” periods in relation to any draft order are to the periods of 30, 40 and 60 days beginning with the day on which the draft order was laid before Parliament.

(12) For the purposes of subsection (11) no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.’.—(Mr Hurd.)

Clause 13

Powers relating to environmental bodies

Amendment made: 12, page 8, line 1, leave out

‘Welsh devolved function relating to the environment’

and insert ‘Welsh environmental function’.—(Mr Hurd.)

Clause 14

Powers relating to other bodies

Amendment made: 13, page 8, line 44, at end insert—

‘( ) In subsection (5)(a), the reference to modifying constitutional arrangements has effect as if the references in section 3(2)(h) and (3)(e) to Ministers were to the Welsh Ministers.’.—(Mr Hurd.)

Clause 15

Powers of Welsh Ministers: consequential provision etc

Amendments made: 14, page 9, line 24, after ‘modifying’ insert ‘constitutional or’.

Amendment 15, page 9, line 25, leave out ‘section 4(3)(a)’ and insert ‘sections 3(2)(h) and (3)(e) and 4(3)(a)’.—(Mr Hurd.)

Clause 16

Delegation etc

Amendment made: 16, page 9, line 34, leave out clause 16.—(Mr Hurd.)

25 Oct 2011 : Column 269

Clause 18

Consent of UK Ministers

Amendment made: 17, page 10, line 36, leave out

‘functions, other than Welsh devolved functions,’

and insert ‘non-devolved functions’.—(Mr Hurd.)

Clause 19

Consultation by Welsh Ministers

Amendment made: 18, page 11, line 2, leave out ‘sections 13 to 16’ and insert ‘section13 or 14’.—(Mr Hurd.)

Clause 20

Procedure for orders by Welsh Ministers etc

Amendments made: 19, page 11, line 20, leave out ‘sections 13 to 16’ and insert ‘section13 or 14’.

Amendment 20, page 11, line 26, leave out

‘, in the case of an order under section 13 or 14,’.

Amendment 7, page 12, line 17, at end insert—

‘(10A) In this section, references to the “30-day”, “40-day” and “60-day” periods in relation to any draft order are to the periods of 30, 40 and 60 days beginning with the day on which the draft order was laid before the National Assembly for Wales.

(10B) For the purposes of subsection (10A) no account is to be taken of any time during which the National Assembly for Wales is dissolved or is in recess for more than four days.’.—(Mr Hurd.)

Clause 21

Restriction on creation of functions

Amendment made: 21, page 12, line 23, leave out

‘or authorise the creation of’.—

(Mr Hurd.)

Clause 22

Restriction on transfer and delegation of functions

Amendment made: 22, page 12, line 38, leave out from ‘functions’ to end of line 40.—(Mr Hurd.)

Clause 23

Restriction on creation of criminal offences

Amendment made: 23, page 13, line 9, leave out

‘or authorise the creation of’.—

(Mr Hurd.)

Clause 27

Regional development agencies

Amendment made: 24, page 16, line 31, leave out ‘it’ and insert

‘a draft of the instrument’.—

(Mr Hurd.)

25 Oct 2011 : Column 270

Clause 31

Orders: supplementary

Amendment made: 25, page 18, line 27, after ‘Act’ insert

‘, other than an order under sections [Delegation of functions by Environment Agency] to [Shared services: Forestry Commissioners],’.—

(Mr Hurd.)

Clause 32

Interpretation

Amendments made: 8, page 18, line 37, at end insert—

‘“community benefit society” means—

(a) a society registered as a community benefit society under the Co-operative and Community Benefit Societies and Credit Unions Act 1965,(b) a pre-2010 Act society (as defined by section 4A(1) of that Act) which meets the condition in section 1(3) of that Act, or(c) a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 which meets the condition in section 1(2)(b) of that Act;’.

Amendment 9, page 18, line 39, at end insert—

‘“co-operative society means—

(a) a society registered as a co-operative society under the Co-operative and Community Benefit Societies and Credit Unions Act 1965,(b) a pre-2010 Act society (as defined by section 4A(1) of that Act) which meets the condition in section 1(2) of that Act, or(c) a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 which meets the condition in section 1(2)(a) of that Act;’.

Amendment 26, page 19, line 17, at end insert—

‘“non-devolved function” means a function that is not a Welsh devolved function;’.

Amendment 27, page 19, line 36, leave out ‘section 16’ and insert

‘section [Delegation of Welsh environmental functions]’.

Amendment 10, page 19, line 36, at end insert—

‘(1A) Until the coming into force of section 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010—

(a) the definition of “community benefit society” in subsection (1) above has effect as if for paragraphs (a) and (b) there were substituted—

“(a) a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 which meets the condition in section 1(2)(b) of that Act, or”;

(b) the definition of “co-operative society” in subsection (1) above has effect as if for paragraphs (a) and (b) there were substituted—

“(a) a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 which meets the condition in section 1(2)(a) of that Act, or”.

(1B) Subsection (1A) ceases to have effect on the coming into force of section 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010.’.

Amendment 28, page 19, line 36, at end insert—

‘“Welsh environmental function” means a Welsh devolved function relating to the environment.’.

Amendment 11, page 19, line 37, leave out subsections (2) to (4).—(Mr Hurd.)

25 Oct 2011 : Column 271

Title

Amendment made: 29, line 3, after ‘bodies;’ insert

‘to make provision about delegation and shared services in relation to persons exercising environmental functions;’.—

(Mr Hurd.)

Third Reading

9.14 pm

The Minister for the Cabinet Office and Paymaster General (Mr Francis Maude): I beg to move, That the Bill be now read the Third time.

It is now slightly more than a year since the introduction of the Bill, and it has undergone considerable scrutiny and review both within Parliament and outside. I believe that the Government have responded positively and openly to that scrutiny. Both in this House and in the other place, we have worked with parliamentarians across the party boundaries to make a number of important amendments. My noble Friend Lord Taylor of Holbeach rightly paid tribute to noble Lords for their efforts in improving the Bill, and those tributes can be extended to this House. This has been a constructive process.

Alun Michael: Will the Minister acknowledge that there is real concern about the abolition of the Youth Justice Board, which we discussed earlier this evening in a time-limited debate? The concern is that by being taken inside the Ministry of Justice, it will lose the independence and spark that have led to its supporting youth offending teams in cutting youth reoffending. Will he undertake to keep an eye on that and, if it turns out that a system within the Ministry of Justice does not deliver as the YJB has, to look again at the arrangements?

Mr Maude: I hear what the right hon. Gentleman says, and I know that he has been hugely involved in the matter and has a passionate commitment to the cause of youth justice being delivered appropriately. I obviously take on board what he says, and my right hon. and hon. Friends have said both in Committee and in the House that we will keep the matter under review. Under the procedures in the Bill, before an order gives effect to the arrangements for bringing the YJB inside the Ministry of Justice, as is envisaged, there will have to be a proper consultation process and parliamentary scrutiny. That applies right across the piece to any changes that are implemented under the Bill. There will have to be full consultation and a proper parliamentary process.

It is important to put on the statute book, as I hope will happen under the Bill, a procedure for changing the arrangements for public bodies. In the past it has been far too easy for public bodies to be casually, almost incontinently created, and it has never been easy for them to be reformed when needs have changed. Anyone who has been in government knows the pressure that there is on primary legislation, and the need to make changes to the governance, funding arrangements and scope of public bodies cannot easily rise to the top of the pile. The procedure that we are putting in place for public bodies to be reformed, abolished or merged or to have their governance or funding arrangements changed is therefore really important, and I am grateful for the constructive approach that has been applied to the Bill.

Commitment to reforming the quango state is common across the political divide. All three parties entered the last election with a commitment to reforming the public

25 Oct 2011 : Column 272

body landscape, so we brought forward the Bill in the hope and expectation that there would be a consensual approach to it. Although there have been disagreements about some aspects of it—it was never likely that there would be absolute unanimity about every body for which changes were proposed—the approach has broadly been constructive. There has been agreement that the approach taken in the Bill is desirable.

Thus it was that last June, I told the House that we were committed to cutting the number of public bodies in order to increase accountability and cut costs. We always made it clear that the primary objective of the Bill was the former. Cutting costs would certainly happen, and I will say a word about the savings later, but the primary objective was to ensure that there was democratic accountability, unless the three tests that we set out for a body or function continuing in a way that was not democratically accountable were met.

The review that we carried out first established whether the functions of a body needed to be carried out at all. If so, we sought to establish whether the body should exist at arm’s length from government by asking three questions: first, does it perform a strictly technical function; secondly, do its activities require clear political impartiality; and thirdly, does it need to act independently to establish or measure facts in a clear and independent way?

We discovered that there were 904 non-departmental public bodies, non-ministerial departments and public corporations. We proposed that in excess of 200 would cease to be public bodies; that 120 would be merged into 56 bodies; and that 170 would be substantially reformed. In addition, we listed 15 as “under consideration” with further announcements expected in due course.

The Bill establishes a mechanism that gives Ministers a series of powers, which it outlines, to make changes through secondary legislation. As I have said, if we had always to wait for an opportunity to make primary legislation, we would continue inevitably to add to the landscape of unaccountable, and often very costly and not always very efficient, public bodies.

Andrew George: The Minister said that he did not expect absolute agreement in every case that is identified in the Bill, which was iterated both in Committee and particularly on Report. Will he reassure the House that he will give special consideration to the cases, including the Agricultural Wages Board, that were highlighted on Report, and to the need for rural proofing within the Government?

Mr Maude: I hear what my hon. Friend says, and he will have heard what my right hon. Friend the Minister of State for the Department for Environment, Food and Rural Affairs said on the matter. The benefit of the process of parliamentary scrutiny is that particular concerns are evinced so that we can respond. However, I stress that any changes carried into effect under the provisions of the Bill will require the introduction of an order and consultation. We accepted amendments in the other place that allow an enhanced affirmative procedure, so that there is proper consultation. Either House can require that enhanced procedure to be put into effect, so there can be full scrutiny and further discussion. Nothing in the Bill allows precipitate action, but none the less, the Bill allows decisive action, so that we do not have to wait for the roulette wheel to come round to enable primary legislation to be amended.

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Simon Hughes: The Minister’s last point was important and well made. If the Bill receives Third Reading, will it be helpful and possible for the Minister’s office to send out a notice to all the bodies listed in it, so that there can be no misrepresentation of their position or the Government’s position?

Mr Maude: That is an extremely helpful suggestion, and I will undertake that we do that. This is not the end of the process, but a work in progress.

We conducted a comprehensive review of all 904 bodies and have made some radical proposals for change, and some significant changes to the landscape have already been put into effect where statutory provisions were not required. However, we have said there should be a triennial review of all the bodies that the review concluded should continue to exist as independent bodies. Therefore, every three years, we will look at whether that body and those functions are still needed, and whether those functions still need to be carried out in a way that is not democratically accountable.

The original Bill contained a catch-all provision, schedule 7, which, frankly, was not well received in the other place—“universally reviled” might be the more straightforward, candid way of putting it. We responded properly, I think, to the vigorously expressed views and undertook to remove the schedule, which we have done, although the procedures in the Bill will still exist, and if a triennial review concludes that there should be reforms—perhaps abolition or merger—to governance or funding, whatever they may be, those procedures could still be used, but beforehand, a short piece of primary legislation would be needed to insert that body into one of the active remaining schedules.

As I said, there has been proper scrutiny, changes have been proposed and some have been accepted by the Government. There are additional safeguards on the processes and procedures in Parliament for approving orders made under the Bill. Furthermore, the Bill now includes clause 27, which contains provision for the abolition of the regional development agencies and makes way for successor arrangements in the form of local enterprise partnerships. The Bill also now includes clause 28, which contains provisions that will change the funding arrangements for S4C and which will place a new duty on the Secretary of State for Culture, Olympics, Media and Sport to ensure that S4C receives sufficient funding to fulfil its public service functions, replacing the outdated and unsustainable funding formula that currently exists under the Broadcasting Act 1990. Those concerned about the independence of S4C should take greater comfort from its funding being channelled through the BBC than through the Government. The BBC is, after all, robustly independent of the Government, while the Government, by definition, are not independent of the Government. I think that the change will enhance S4C’s independence.

During the passage of the Bill, we have sought to balance two distinct objectives: proper safeguards on the use of ministerial powers while still giving Ministers the ability to give effect to the commitments that we—and all parties, actually—made at the last election about reforming the landscape. That included a statutory duty to consult; the option for Parliament to opt for an enhanced affirmative procedure; a requirement on Ministers to lay an explanatory document alongside a draft order

25 Oct 2011 : Column 274

setting out its purpose and a summary of the representations received during consultation; a sunset clause limiting to no more than five years the length of time a body can appear in the schedules of the Bill; a requirement that orders do not undermine a function that is rightly independent of Ministers, including—importantly—judicial functions; and a requirement that a charity must consent if it is to take on responsibility for delivering a public function. We thought that the latter was implicit, but some were concerned that it needed to be made explicit, which we gladly acceded to.

We made other important concessions. I have referred to the removal of the now notorious schedule 7 and of provisions relating to the reform of the Forestry Commission and the public forest estate. The Bill has therefore been greatly improved. There have been some disagreements, but that is inevitable: we could not conduct a review of 904 bodies and possibly expect every part of both Houses of Parliament to arrive at exactly the same view.

The Government are committed to ensuring that public functions are delivered within a fair, efficient and effective system that delivers good value for taxpayers. The Bill will facilitate this reform, removing duplication, cutting out waste from the system, introducing new ways of delivering important functions and fundamentally improving accountability, which I stress is the Bill’s primary purpose. However, there will be savings: we have estimated that the administrative costs alone to public bodies will have reduced by £900 million a year by the end of the comprehensive spending review period—2014-15—and that there will be cumulative administrative savings of at least £2.6 billion over the same period. I hope and believe that that should enjoy widespread support across the House.

The House will be aware that this is not the first attempt by a Government to reduce the number of public bodies. Reviews were conducted under the previous Administration but despite the abolition of a number of public bodies over this period, the number overall continued to grow. I am sure the House will agree that our approach constitutes a more ambitious programme to realise significant and lasting improvements to the public bodies landscape.

We are also conscious that the success of these reforms has to be consolidated by a concerted effort to control the future size and shape of the public bodies landscape. That is why our programme of triennial reviews, to which I referred, will keep the continuing public bodies under regular review and ensure that they do not continue way beyond their useful life—as, frankly, a number of them have done in the past. I hope that the House will come together tonight in support of the important belief that ministerial accountability for public functions and the use of public money should be at the heart of the way we deliver services to the public.

This reform programme will deliver real and long overdue improvements to the accountability of the quango landscape. It will ensure that public bodies exist only where there is a legitimate need for a function to be exercised at arm’s length from Government, and it will deliver significant savings during the spending review period.

In conclusion, let me end by thanking the Committee charged with examining the Bill, along with the Chairs and the Clerk. I particularly thank my hon. Friend the

25 Oct 2011 : Column 275

Minister for Civil Society and the Deputy Leader of the House for the good humour and clarity with which they conducted these debates during this time.

9.31 pm

Jon Trickett: It is good to see you back in the Chair, Mr Speaker. I add my own thanks to the Clerks and Committee Chairs for the orderly way in which the business was conducted to those of the Minister for the Cabinet Office. I thought that the Back-Bench contributions sparkled. Let me briefly mention my hon. Friends the Members for Leicester South (Jonathan Ashworth), for North Durham (Mr Jones) who worked hard as the shadow Minister, for Clwyd South (Susan Elan Jones), for Wigan (Lisa Nandy), for Walsall South (Valerie Vaz) and for Telford (David Wright). Proceedings also sparkled in cross-party unity. It was interesting sometimes to find allies in each of the other parties represented in Committee. I mention the hon. Members for Ceredigion (Mr Williams) and for Arfon (Hywel Williams). It was also good to work closely with the hon. Member for Dover (Charlie Elphicke), who is no longer in his place.

It is true that the Bill was somewhat improved following our debates, at least in two matters where the Government accepted defeat—and with some grace, I have to say—on the question of the port of Dover. It was good to see the Minister move the amendment on co-operatives as eligible bodies and particular forms of charitable organisations. All that is very welcome. We worked in good order with good humour. I said many times—and I repeat it now as it is a good thing to say—that the two Ministers were both extremely reasonable, although they were occasionally reasonable men doing unreasonable things.

No Labour Member would object in principle to the idea that we should keep the quango state, as it is called in the United Kingdom, under constant review. In March 2010, the Labour Government set out almost £500 million-worth of savings that could be achieved by reducing the number of arm’s length bodies. We expected to reduce their number by 123 by 2012-13. Labour had inherited just over 1,100 quangos when we came to power in 1997; in fact, we axed about 400 of them during our term in office.

I want to put it on the record before making some more general points that we will support properly costed savings in administration, bureaucracy and other forms of overheads. Clearly, if bodies have come to the end of their useful lives, they should be put humanely wherever quangos go when they are no longer needed. We gave the Bill a fair hearing on Second Reading, and did not divide the House. In Committee, too, we tried to be more than reasonable and fair. To an extent, there is a shared agenda and there is certainly a consensus that the quango state should at least be kept under review. However, following Committee and today’s debates on Report, I am sorry to say that I find it impossible to recommend that the Bill be given a Third Reading.