‘Schedule (Poisons and explosives precursors) introduces a common system for regulating the possession etc of non-medicinal poisons and explosives precursors.’—(The Solicitor-General.)
This amendment introduces the new Schedule inserted by new schedule NS2. This abolishes the statutory requirement for a Poisons Board under the Poisons Act 1972 and introduces a common licensing regime for poisons and explosives precursors in order to streamline the regimes established under the Poisons Act 1972 and under EU Regulation 98/2013 (on the marketing and use of explosives precursors).
Brought up, and added to the Bill.
Replacing homes lost through the Preserved Right to Buy
‘(1) Within one year of this Act receiving Royal Assent, the Secretary of State shall lay before each House of Parliament a plan to—
(a) replace the homes lost through the Preserved Right to Buy;
(b) review the effectiveness of the current Right to Buy policy.
(2) Before making any further changes to Right to Buy, the Secretary of State must carry out and publish an assessment of the impact of Right to Buy policy on affordable housing supply since 2012.’—(Caroline Lucas.)
This new clause would require the Minister to produce a plan to replace affordable homes lost in England as a result of Right to Buy, review the effectiveness of current policy and carry out an assessment of changes since 2012 before making further policy changes.
23 Jun 2014 : Column 126
Question put, That the clause be added to the Bill.
The House divided:
Ayes 208, Noes 274.
Division No. 14]
[
9.1 pm
AYES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Balls, rh Ed
Barron, rh Kevin
Beckett, rh Margaret
Begg, Dame Anne
Benn, rh Hilary
Berger, Luciana
Betts, Mr Clive
Blackman-Woods, Roberta
Blears, rh Hazel
Blenkinsop, Tom
Blomfield, Paul
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr Nicholas
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Burnham, rh Andy
Campbell, rh Mr Alan
Campbell, Mr Ronnie
Caton, Martin
Champion, Sarah
Chapman, Jenny
Clark, Katy
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creasy, Stella
Cruddas, Jon
Cryer, John
Cunningham, Mr Jim
Cunningham, Sir Tony
Danczuk, Simon
David, Wayne
Davidson, Mr Ian
De Piero, Gloria
Denham, rh Mr John
Dobson, rh Frank
Docherty, Thomas
Donohoe, Mr Brian H.
Doran, Mr Frank
Doughty, Stephen
Dowd, Jim
Doyle, Gemma
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Edwards, Jonathan
Efford, Clive
Elliott, Julie
Ellman, Mrs Louise
Engel, Natascha
Evans, Chris
Farrelly, Paul
Field, rh Mr Frank
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Godsiff, Mr Roger
Goodman, Helen
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Mr David
Hanson, rh Mr David
Harman, rh Ms Harriet
Harris, Mr Tom
Havard, Mr Dai
Healey, rh John
Hendrick, Mark
Hepburn, Mr Stephen
Heyes, David
Hillier, Meg
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hoey, Kate
Hopkins, Kelvin
Howarth, rh Mr George
Irranca-Davies, Huw
Jackson, Glenda
James, Mrs Siân C.
Jamieson, Cathy
Jarvis, Dan
Johnson, Diana
Jones, Graham
Jones, Mr Kevan
Kane, Mike
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Lewell-Buck, Mrs Emma
Lewis, Mr Ivan
Llwyd, rh Mr Elfyn
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
Mactaggart, Fiona
Mahmood, Shabana
Mann, John
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McClymont, Gregg
McDonagh, Siobhain
McDonald, Andy
McDonnell, John
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Miller, Andrew
Mitchell, Austin
Moon, Mrs Madeleine
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Paul
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Pearce, Teresa
Perkins, Toby
Phillipson, Bridget
Pound, Stephen
Powell, Lucy
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Mr Jamie
Reed, Mr Steve
Reeves, Rachel
Reynolds, Emma
Reynolds, Jonathan
Ritchie, Ms Margaret
Robinson, Mr Geoffrey
Rotheram, Steve
Roy, Lindsay
Ruane, Chris
Ruddock, rh Dame Joan
Sawford, Andy
Seabeck, Alison
Sharma, Mr Virendra
Sheerman, Mr Barry
Shuker, Gavin
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Angela
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Straw, rh Mr Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Thomas, Mr Gareth
Thornberry, Emily
Trickett, Jon
Turner, Karl
Twigg, Derek
Twigg, Stephen
Vaz, Valerie
Whitehead, Dr Alan
Williams, Hywel
Williamson, Chris
Wilson, Phil
Winnick, Mr David
Winterton, rh Ms Rosie
Woodcock, John
Wright, David
Wright, Mr Iain
Tellers for the Ayes:
Nic Dakin
and
Susan Elan Jones
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, rh Sir Tony
Baldwin, Harriett
Barclay, Stephen
Barker, rh Gregory
Barwell, Gavin
Bebb, Guto
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Bingham, Andrew
Birtwistle, Gordon
Blackman, Bob
Blackwood, Nicola
Blunt, Crispin
Bone, Mr Peter
Bottomley, Sir Peter
Bradley, Karen
Brady, Mr Graham
Brake, rh Tom
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Brooke, Annette
Browne, Mr Jeremy
Bruce, Fiona
Bruce, rh Sir Malcolm
Buckland, Mr Robert
Burns, Conor
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, rh Paul
Byles, Dan
Cairns, Alun
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Carswell, Mr Douglas
Chishti, Rehman
Clark, rh Greg
Clarke, rh Mr Kenneth
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crockart, Mike
Crouch, Tracey
Davies, Glyn
Davies, Philip
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Doyle-Price, Jackie
Duddridge, James
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Mr Nigel
Evennett, Mr David
Fabricant, Michael
Farron, Tim
Featherstone, Lynne
Field, Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fuller, Richard
Garnier, Sir Edward
Garnier, Mark
Gauke, Mr David
George, Andrew
Gibb, Mr Nick
Glen, John
Goldsmith, Zac
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, rh Damian
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Halfon, Robert
Hames, Duncan
Hammond, Stephen
Hancock, Matthew
Harper, Mr Mark
Harris, Rebecca
Hart, Simon
Harvey, Sir Nick
Hayes, rh Mr John
Heald, Oliver
Heaton-Harris, Chris
Hemming, John
Henderson, Gordon
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Hopkins, Kris
Horwood, Martin
Howarth, Sir Gerald
Howell, John
Hughes, rh Simon
Hunter, Mark
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Jenkin, Mr Bernard
Jenrick, Robert
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kirby, Simon
Knight, rh Sir Greg
Kwarteng, Kwasi
Lamb, Norman
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Lefroy, Jeremy
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Loughton, Tim
Luff, Sir Peter
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maude, rh Mr Francis
Maynard, Paul
McCartney, Karl
McIntosh, Miss Anne
McPartland, Stephen
McVey, rh Esther
Menzies, Mark
Metcalfe, Stephen
Miller, rh Maria
Mills, Nigel
Moore, rh Michael
Mordaunt, Penny
Morgan, rh Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mulholland, Greg
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Newmark, Mr Brooks
Newton, Sarah
Norman, Jesse
Nuttall, Mr David
Offord, Dr Matthew
Ollerenshaw, Eric
Opperman, Guy
Paice, rh Sir James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, rh Mike
Penrose, John
Percy, Andrew
Perry, Claire
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Pugh, John
Raab, Mr Dominic
Randall, rh Sir John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reevell, Simon
Reid, Mr Alan
Robathan, rh Mr Andrew
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Selous, Andrew
Shelbrooke, Alec
Shepherd, Sir Richard
Simpson, Mr Keith
Skidmore, Chris
Smith, Chloe
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Sir Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stephenson, Andrew
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Sturdy, Julian
Swayne, rh Mr Desmond
Syms, Mr Robert
Teather, Sarah
Thornton, Mike
Thurso, John
Tomlinson, Justin
Tredinnick, David
Turner, Mr Andrew
Uppal, Paul
Vara, Mr Shailesh
Vickers, Martin
Walker, Mr Charles
Walker, Mr Robin
Wallace, Mr Ben
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittingdale, Mr John
Wiggin, Bill
Williams, Mr Mark
Williams, Roger
Williams, Stephen
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Jeremy
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Amber Rudd
and
Anne Milton
Question accordingly negatived.
23 Jun 2014 : Column 127
23 Jun 2014 : Column 128
23 Jun 2014 : Column 129
“Poisons and explosives precursors
Abolition of Poisons Board
2 (1) The Poisons Board is abolished.
(a) in the Poisons Act 1972, omit section 1 and Schedule 1, and
(b) in Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), omit the entry for the Poisons Board.
Establishment of common regulatory system
3 The Poisons Act 1972 is amended as follows.4 For section 2 substitute—
“2 Regulated substances and reportable substances
(1) This section defines some key terms used in this Act.
(2) “Regulated substance” means a regulated explosives precursor or regulated poison.
(3) A “regulated explosives precursor”—
(a) is a substance listed in Part 1 of Schedule 1A in a concentration higher than the limit set out for that substance in that Part, and
(b) includes a mixture or another substance in which a substance listed in that Part is present in a concentration higher than the relevant limit,
23 Jun 2014 : Column 130
but, in each case, only if the substance or mixture is not excluded.
(a) is a substance listed in Part 2 of Schedule 1A in a concentration higher than the limit (if any) set out for that substance in that Part, and
(b) includes a mixture or another substance in which a substance listed in that Part is present in a concentration higher than the relevant limit,
but, in each case, only if the substance or mixture is not excluded.
(5) “Reportable substance” means a reportable explosives precursor or a reportable poison.
(6) A “reportable explosives precursor”—
(a) is a substance listed in Part 3 of Schedule 1A, and
(b) includes a mixture or another substance in which a substance listed in that Part is present,
but, in each case, only if the substance or mixture is not excluded.
(a) a substance listed in Part 4 of Schedule 1A in a concentration higher than the limit (if any) set out for that substance in that Part, and
(b) includes a mixture or another substance in which a substance listed in that Part is present in a concentration higher than the relevant limit,
but, in each case, only if the substance or mixture is not excluded.
(8) For the purposes of this section, a substance or mixture is “excluded” if—
(b) it is contained in a specific object.
(9) A substance or mixture is “medicinal” if it is—
(a) a medicinal product as defined by regulation 2 of the Human Medicines Regulations 2012 (S.I. 2012/1916),
(b) an investigational medicinal product as defined by regulation 2 of the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031),
(c) a substance to which Part 12 of the Human Medicines Regulations 2012 or Part 6 of the Medicines for Human Use (Clinical Trials) Regulations 2004 applies by virtue of an order under section 104 or 105 of the Medicines Act 1968 (whether applying subject to exceptions and modifications or not and, in the case of an order under section 104, whether the substance is referred to in the order as a substance or an article), or
(d) a veterinary medicinal product as defined by regulation 2 of the Veterinary Medicines Regulations 2013 (S.I. 2013/2033).
(a) an object that, during production, is given a special shape, surface or design that determines its function to a greater degree than does its chemical composition, or
(b) an article that contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions, including—
(i) pyrotechnic equipment falling within the scope of Council Directive 96/98/EC on marine equipment, and
(ii) percussion caps intended specifically for toys falling within the scope of Council Directive 88/378/EEC concerning the safety of toys.
(11) See also section 9B (which contains power to disapply requirements of this Act in specified circumstances).
23 Jun 2014 : Column 131
‘(1) The Secretary of State may by regulations—
(a) amend Schedule 1A (whether to add, vary or remove a substance or concentration limit or make any other change), and
(b) amend section 2 in consequence of any amendment made under paragraph (a).
(2) The power in subsection (1) to add a concentration limit includes power to add a concentration limit in any Part of Schedule 1A (whether for an explosives precursor or a poison).
(3) In determining the distribution of substances as between the various Parts of Schedule 1A, regard must be had to the desirability of restricting Parts 3 and 4 to substances that meet each of the following criteria—
(a) they are in common use, or are likely to come into common use, for purposes other than the treatment of human ailments, and
(b) it is reasonably necessary to include them in one of those Parts if members of the general public are to have adequate facilities for obtaining them.”
5 For section 3 substitute—
“3 Activities prohibited without a licence
(1) A member of the general public commits an offence if he or she does anything listed in subsection (2) without having a licence, or a recognised non-GB licence, to do that thing with respect to that substance.
(a) importing a regulated substance,
(b) acquiring a regulated substance,
(c) possessing a regulated substance,
(d) using a regulated substance.
(3) For the purposes of this section—
(a) “acquiring” means taking into your possession, custody or control,
(b) “importing” means bringing into Great Britain from a country or territory outside the United Kingdom,
(c) “member of the general public” means an individual who is acting (alone or with others) for purposes not connected with his or her trade, business or profession or the performance by him or her of a public function,
(d) “possessing” means having in your possession, custody or control, and
(e) “using” includes processing, formulating, storing, treating or mixing, including in the production of an article.
(4) A member of the general public does not commit an offence under subsection (1) if the requirements of this section do not apply to his or her case by virtue of regulations made under section 9B.
(5) This section does not apply to the possession or use of a regulated substance at any time before 3 March 2016.
3A Supply of regulated substances
‘(1) A person commits an offence if the person supplies a regulated substance to a member of the general public without first verifying that the member of the general public has a licence, or a recognised non-GB licence, to acquire, possess and use that substance.
(2) In order to verify that someone has a licence or recognised non-GB licence, it is sufficient for these purposes to—
(a) inspect the person’s licence, and
(b) inspect the form of identification specified in that licence.
(3) A person commits an offence if the person supplies a regulated substance to a member of the general public without first entering details of the transaction (or causing details of the transaction to be entered) in the licence, or recognised non-GB licence, of the member of the general public.
23 Jun 2014 : Column 132
(4) A person commits an offence if the person supplies a regulated substance to a member of the general public without first ensuring that a warning label is affixed to the packaging in which the substance is supplied.
(5) A “warning label” is a label clearly indicating that it is an offence for members of the general public to acquire, possess or use the substance in question without a licence (or recognised non-GB licence).
(6) A person does not commit an offence under subsection (1), (3) or (4) if the requirements of that subsection do not apply to the person’s case by virtue of regulations made under section 9B.
(7) Before 3 March 2016, subsections (1) and (5) have effect as if the references to possession and use of the substance were omitted.
3B Supply of regulated poisons other than by pharmacists
‘(1) A person commits an offence if the person supplies a regulated poison to a member of the general public other than in the circumstances described in subsection (2).
(a) the person is lawfully conducting a retail pharmacy business,
(b) the supply is made on premises that are a registered pharmacy, and
(c) the supply is made by or under the supervision of a pharmacist.
(3) A person commits an offence if the person supplies a regulated poison to a member of the general public without complying with the record-keeping requirements before delivering the poison.
(4) The record-keeping requirements are—
(a) the person must make an entry (or cause an entry to be made) in a record to be kept by the person for the purposes of this subsection stating—
(ii) the name and address of the member of the general public,
(iii) the name and quantity of the regulated poison supplied, and
(iv) the purposes for which it is stated by the member of the general public to be required, and
(b) the person must ensure that the member of the general public signs the entry.
(5) A person does not commit an offence under subsection (1) or (3) if the requirements of that subsection do not apply to the person’s case by virtue of regulations made under section 9B.
3C Reporting of suspicious transactions, disappearance and thefts
‘(1) A supplier must report any relevant transaction that it makes or proposes to make if the supplier has reasonable grounds for believing the transaction to be suspicious.
(2) A “relevant transaction” is a transaction involving the supply of a regulated substance or a reportable substance to a customer, whether an end user or a customer higher up the supply chain and whether a business or a private customer.
(3) A relevant transaction is “suspicious” if there are reasonable grounds for suspecting that the substance in question—
(a) if it is a regulated explosives precursor or reportable explosives precursor, is intended for the illicit manufacture of explosives, or
(b) if it is a regulated poison or a reportable poison, is intended for any illicit use.
(4) In deciding whether there are reasonable grounds for suspecting such a thing, regard must be had to all the circumstances of the case, including in particular where the prospective customer—
(a) appears unclear about the intended use of the substance,
(b) appears unfamiliar with the intended use of the substance or cannot explain it plausibly,
23 Jun 2014 : Column 133
(c) intends to buy substances in quantities, combinations or concentrations uncommon for private use,
(d) is unwilling to provide proof of identity or place of residence, or
(e) insists on using unusual methods of payment, including large amounts of cash.
(5) A person carrying on a trade, business or profession that involves regulated substances or reportable substances must report the disappearance or theft of any such substances if the disappearance or theft—
(a) is from stocks in the person’s possession, custody or control in Great Britain, and
(6) In deciding whether a disappearance or theft is significant, regard must be had to whether the amount involved is unusual in all the circumstances of the case.
(7) A duty under this section to “report” something is a duty to give notice of it to the Secretary of State in accordance with such requirements as may be specified by the Secretary of State by regulations made under this subsection.
(8) A person who fails to comply with subsection (1) or (5) commits an offence.
(9) A person does not commit an offence under subsection (8) if the requirements of subsection (1) or, as the case may be, (5) do not apply to the person’s case by virtue of regulations made under section 9B.”
6 Omit section 4.7 After that section insert—
(1) The Secretary of State may grant a licence to a person on application by that person in accordance with this section.
(2) The licence may permit the person to do one or more of the things listed in section 3(2) with respect to one or more of the regulated substances.
(3) The term for which a licence is granted must not exceed 3 years, but this does not affect—
(a) a person’s right to apply for a further licence to take effect on expiry of that term, nor
(b) any power of the Secretary of State under the terms and conditions of the licence to vary, suspend or revoke the licence before expiry of that term.
(4) The Secretary of State may charge applicants a fee for processing applications for the grant or amendment of a licence or for the replacement of any lost, damaged or stolen licence.
(5) The amount of any fees to be charged under subsection (4) must be specified in regulations made under subsection (10), and the amount specified must not exceed the reasonable cost of processing such applications.
(6) In deciding whether to grant or amend a licence with respect to a substance, the Secretary of State must have regard to all the circumstances of the case, including in particular—
(a) the use intended to be made of the substance,
(b) the availability of alternative substances that would achieve the same purpose,
(c) the proposed arrangements to ensure that the substance is kept securely,
(d) any danger to public safety or public order that may be caused by possession of the substance, and
(e) whether the applicant is a fit and proper person to possess the substance.
(7) But if there are reasonable grounds for doubting the legitimacy of the use intended to be made of the substance or the intentions of the user to use the substance for a legitimate purpose, the Secretary of State must in any event refuse the application so far as it relates to that substance.
(8) A licence may be granted or amended subject to such terms and conditions as may be specified in the licence.
23 Jun 2014 : Column 134
(9) Examples of terms and conditions that may be specified include, for any substances with respect to which the licence is granted, terms and conditions about—
(d) maximum levels of concentration, and
(e) reporting of disappearances or thefts.
(10) The Secretary of State may by regulations make provision about the procedure for applying for and determining applications for the grant or amendment of licences under this section, including provision as to—
(a) who may make an application,
(b) the form and manner in which an application is to be made and any documents or evidence that must accompany it,
(c) the amount and payment of any fees,
(d) the supply of any further information or document required to determine an application,
(e) notice and publication of any decision about an application, and
(f) the procedure for an internal review of any such decision.
‘(1) The Secretary of State must publish a list from time to time of recognised member States (if there are any).
(2) A member State is “recognised” for these purposes if licences granted by the competent authority of that State in accordance with the Precursors Regulation are recognised in the United Kingdom under Article 7(6) of that Regulation.
(3) References in this Act to a “recognised non-GB licence” are to—
(a) a licence granted in accordance with the Precursors Regulation by the competent authority of a member State that is included in the list (or latest list) published under subsection (1), or
(b) a licence granted under relevant Northern Ireland legislation.
(4) “Relevant Northern Ireland legislation” means—
(a) regulations made under the Explosives Act (Northern Ireland) 1970 (c.10 (N.I.)) by virtue of the Explosives (Northern Ireland) Order 1972 (S.I. 1972/730 (N.I. 3)),
(b) any legislative instrument that implements the Precursors Regulation in Northern Ireland, and
(c) any legislative instrument that replaces or supersedes (with or without modification) anything falling within paragraph (a) or (b) or this paragraph.
(a) references to the Precursors Regulation are to Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors, and
(b) references to a legislative instrument are to—
(i) an Act or instrument made under an Act, or
(ii) any Northern Ireland legislation or instrument made under Northern Ireland legislation.”
8 Omit sections 5 and 6.9 For section 7 substitute—
“7 Regulations about poisons and explosives precursors
(1) The Secretary of State may make provision by regulations about—
(a) the importation, supply, acquisition, possession or use of substances by or to any person or class of person,
(b) the storage, transportation and labelling of substances,
(c) the containers in which substances may be supplied,
23 Jun 2014 : Column 135
(d) the addition to substances of specified ingredients for the purpose of rendering them readily distinguishable as such,
(e) the compounding of substances, and the supply of substances on and in accordance with a prescription duly given by a doctor, a dentist, a veterinary surgeon or a veterinary practitioner, or
(f) the period for which any records required to be kept for the purposes of this Act are to be preserved.
(2) A person who contravenes or fails to comply with any regulations made under this section commits an offence.
(3) A person does not commit an offence under subsection (2) if the requirements of the regulation in question do not apply to the person’s case by virtue of regulations made under section 9B.
(4) References in this section to “substances” are to regulated substances and reportable substances.”
10 After section 7 insert—
“7A Proof of lack of knowledge
(1) This section applies to the following offences—
(a) an offence under section 3(1),
(b) an offence under section 3A(1), (3) or (4),
(c) an offence under section 3B(1) or (3).
(2) In any proceedings for an offence to which this section applies, it is a defence for the accused to prove that the accused neither knew of nor suspected nor had reason to suspect the existence of some fact alleged by the prosecution that it is necessary for the prosecution to prove if the accused is to be convicted of the offence charged.
(3) This is subject to subsection (5).
(4) Subsection (5) applies where, in any proceedings for an offence to which this section applies—
(a) it is necessary, if the accused is to be convicted of the offence charged, for the prosecution to prove that some substance or mixture involved in the alleged offence was the regulated substance that the prosecution allege it to have been, and
(b) it is proved that the substance or mixture in question was that regulated substance.
(5) Where this subsection applies—
(a) the accused must not be acquitted of the offence charged by reason only of proving that the accused neither knew nor suspected nor had reason to suspect that the substance or mixture was the particular regulated substance alleged, but
(b) the accused must be acquitted of the offence charged if—
(i) the accused proves that the accused neither believed nor suspected nor had reason to suspect that the substance or mixture was a regulated substance, or
(ii) the accused proves that the accused believed the substance or mixture to be a regulated substance such that, if it had in fact been that regulated substance, the accused would not at the material time have been committing any offence to which this section applies.
(6) Nothing in this section affects any defence that it is open to a person accused of an offence to which this section applies to raise apart from this section.”
11 For section 8 substitute—
(1) A person guilty of an offence under section 3(1), 3A(1) or 3B(1) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both);
(i) in England and Wales, to imprisonment for a term not exceeding 3 months or to a fine (or both),
23 Jun 2014 : Column 136
(ii) in Scotland, to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale (or both).
(2) A person guilty of an offence under section 3A(3) or (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3) A person guilty of an offence under section 3B(3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4) A person guilty of an offence under section 3C(8) is liable on summary conviction—
(a) in England and Wales, to imprisonment for a term not exceeding 3 months or to a fine (or both).
(b) in Scotland, to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale (or both).
(5) A person guilty of an offence under section 7(2) is liable on summary conviction—
(a) to a fine not exceeding level 4 on the standard scale, and
(b) in the case of a continuing offence, to a further fine not exceeding one-tenth of level 4 on the standard scale for every day subsequent to the day on which the person is convicted of the offence during which the contravention or default continues.
(6) In the case of proceedings against a person for an offence under section 3A, 3B or 3C, or an offence under section 7(2) in connection with the supply of a regulated substance or a reportable substance, where the act in question was done by an employee—
(a) it is not a defence that the employee acted without the authority of the employer, and
(b) any material fact known to the employee is deemed to have been known to the employer.
(7) Notwithstanding any provision in any Act, or Act of the Scottish Parliament, prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Act may be commenced at any time—
(a) within the period of 12 months next after the date of commission of the offence, or
(b) in the case of proceedings instituted by, or by the direction of, the Secretary of State, within the later to end of—
(ii) the period of 3 months next after the date on which evidence sufficient in the Secretary of State’s opinion to justify a prosecution for the offence comes to the Secretary of State’s knowledge.
(8) For the purposes of subsection (7)(b)(ii), a certificate purporting to be signed by the Secretary of State as to the date on which such evidence came to the Secretary of State’s knowledge is to be conclusive evidence of that fact.
(9) A document purporting to be a certificate signed by a person specified in subsection (10) stating the result of an analysis made by that person is admissible in any proceedings under this Act as evidence of the matters stated in the certificate, but either party may require the person to be called as a witness.
(a) a public analyst appointed under section 27 of the Food Safety Act 1990, or
(b) a person appointed by the Secretary of State to make analyses for the purposes of this Act.
(11) In the application of this section to Scotland, subsections (7) and (8) have effect as if the references to the Secretary of State were references to the Lord Advocate.
8A Offences by bodies corporate etc
‘(1) If an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
23 Jun 2014 : Column 137
(a) a director, manager, secretary or other similar officer of the body corporate, or
(b) any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) The reference in subsection (1) to a director, in relation to a body corporate whose affairs are managed by its members, is a reference to a member of the body corporate.
(3) If an offence under this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(b) any person who was purporting to act in that capacity,
that person, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.”
12 (1) Section 9 (inspection and enforcement) is amended as follows.
(2) For subsection (4) substitute—
“(4) An inspector appointed by the General Pharmaceutical Council under article 8(1) of the Pharmacy Order 2010 may at all reasonable times—
(a) enter any registered pharmacy to ascertain whether an offence under section 3A, 3B, 3C or 7(2) has been committed by a pharmacist or a person carrying on a retail pharmacy business;
(b) enter any suspicious premises to ascertain whether either of the following offences has been committed—
(i) an offence under section 3B, or
(ii) an offence under section 7(2) in relation to contravention of any regulations that relate solely to regulated poisons.
(4A) “Suspicious premises” are premises in which the inspector has reasonable cause to suspect that an offence mentioned in subsection (4)(b) has been committed.
(4B) An inspector appointed by the General Pharmaceutical Council under article 8(1) of the Pharmacy Order 2010 may also make such examination and inquiry and do such other things (including the taking, on payment, of samples) as may be necessary for ascertaining any of the things mentioned in subsection (4)(a) and (b).”
(3) Omit subsections (5) to (7).
13 After section 9 insert—
“9A Application of PACE powers
14 After section 9A (inserted by paragraph 12) insert—
“9B Power to disapply requirements or exclusions in specified circumstances
(1) The Secretary of State may by regulations provide—
(a) that some or all of the requirements of this Act do not apply in circumstances specified in the regulations;
(b) that either or both of the exclusions do not apply in circumstances specified in the regulations.
(2) The power in subsection (1) may be exercised in relation to a substance or group of substances, in relation to persons or a class of persons or in any other way.
(3) When exercising the power in relation to a substance or group of substances, the regulations may for example provide that the requirements or exclusions in question do not apply to the substance, or substances in the group, where the substance—
(a) is intended for use for a specified purpose, or
(b) is contained in a specified substance, mixture or article, or
(c) is prepared in a specified manner or form, or
23 Jun 2014 : Column 138
(d) is so intended, contained or prepared and is present in a concentration that is no higher than a specified limit.
(4) Nothing in subsection (2) or (3) is to be read as limiting the provision that may be made under subsection (1).
(a) “the exclusions” means the exclusions in section 2 for substances that are medicinal or contained in a specific object,
(b) “the requirements of this Act” means the requirements of section 3, 3A, 3B or 3C or of regulations under section 7,
(c) “specified” includes described,
(d) references to a substance also include a mixture, and
(e) references to a group of substances includes a group comprising all the substances listed in Schedule 1A.”
15 For section 10 substitute—
(1) Any power to make regulations under this Act includes power—
(a) to make different provision for different purposes,
(b) to make incidental or supplemental provision, and
(c) to make transitional, transitory or saving provision.
(2) Any power to make regulations under this Act is exercisable by statutory instrument.
(3) An instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.”
16 (1) Section 11 (interpretation) is amended as follows.
(3) In subsection (2), omit the definitions of—
“sale by way of wholesale dealing”.
(4) In that subsection, insert the following definitions in the appropriate place alphabetically—
““Great Britain” includes the territorial sea of the United Kingdom other than the part adjacent to Northern Ireland;”,
““licence” (other than in the expression “recognised non-GB licence” and in section 4B) means a licence granted under section 4A;”,
““member of the general public” has the meaning given in section 3;”,
““mixture” means a mixture or solution composed of two or more substances;”,
““recognised non-GB licence” has the meaning given in section 4B;”,
““regulated substance”, “regulated explosives precursor” and “regulated poison” have the meanings given in section 2;”,
““reportable substance”, “reportable explosives precursor” and “reportable poison” have the meanings given in section 2;”, and
““substance” means a chemical element and its compounds in the natural state or obtained by any manufacturing process—
(a) including any additive necessary to preserve its stability and any impurity deriving from the process used, but(b) excluding any solvent that may be separated without affecting the stability of the substance or changing its composition;”.
(5) In that subsection, in the definition of “retail pharmacy business”, for “section 132(1) of the Medicines Act 1968” substitute “regulation 8 of the Human Medicines Regulations 2012 (S.I. 2012/1916)”.
23 Jun 2014 : Column 139
(6) After subsection (2) insert—
“(3) In relation to a regulated substance or a reportable substance, any reference to the substance is a reference to the substance or the mixture, as the case may be.
(4) References in this Act to supplying something—
(a) include any kind of supply or making available, whether in return for payment or free of charge, but
(b) do not include supply involving export to a person outside the United Kingdom.”
17 After Schedule 1 (which is omitted by paragraph 1 of this Schedule) insert—Hexamine (CAS RN 100-97-0)Sulphuric acid (CAS RN 7664-93-9)Acetone (CAS RN 67-64-1)Potassium nitrate (CAS RN 7757-79-1)Sodium nitrate (CAS RN 7631-99-4)Calcium nitrate (CAS RN 10124-37-5)Calcium ammonium nitrate (CAS RN 15245-12-2)Ammonium nitrate (CAS RN 6484-52-2) in concentration of 16% by weight of nitrogen in relation to ammonium nitrate or higher
“SCHEDULE 1A
Regulated substances and reportable substances
Part 1
Regulated explosives precursors
Part 2
Regulated poisons
23 Jun 2014 : Column 140
Part 3
Reportable explosives precursors
Sulphuric acid (CAS RN 7664-93-9)
Potassium nitrate (CAS RN 7757-79-1)
Sodium nitrate (CAS RN 7631-99-4)
Calcium nitrate (CAS RN 10124-37-5)
Calcium ammonium nitrate (CAS RN 15245-12-2)
Ammonium nitrate (CAS RN 6484-52-2) in concentration of 16% by weight of nitrogen in relation to ammonium nitrate or higher
Part 4
Reportable poisons
23 Jun 2014 : Column 141
Note: for circumstances where requirements of this Act do not apply to a specified substance or mixture, see regulations made under section 9B.”
—
(The Solicitor-General.)
See the explanatory statement for new clause NC24.
Brought up, and added to the Bill.
Authorisation of insolvency practitioners
Amendment proposed: 84, page 11, line 18, leave out clause 17.—(Toby Perkins.)
23 Jun 2014 : Column 142
Question put, That the amendment be made.
The House divided:
Ayes 213, Noes 273.
Division No. 15]
[
9.13 pm
AYES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Balls, rh Ed
Barron, rh Kevin
Beckett, rh Margaret
Begg, Dame Anne
Benn, rh Hilary
Berger, Luciana
Betts, Mr Clive
Blackman-Woods, Roberta
Blears, rh Hazel
Blenkinsop, Tom
Blomfield, Paul
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr Nicholas
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Burnham, rh Andy
Campbell, rh Mr Alan
Campbell, Mr Ronnie
Caton, Martin
Champion, Sarah
Chapman, Jenny
Clark, Katy
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creasy, Stella
Cruddas, Jon
Cryer, John
Cunningham, Mr Jim
Cunningham, Sir Tony
Danczuk, Simon
David, Wayne
Davidson, Mr Ian
De Piero, Gloria
Denham, rh Mr John
Dobson, rh Frank
Docherty, Thomas
Donohoe, Mr Brian H.
Doran, Mr Frank
Doughty, Stephen
Dowd, Jim
Doyle, Gemma
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Edwards, Jonathan
Efford, Clive
Elliott, Julie
Ellman, Mrs Louise
Engel, Natascha
Evans, Chris
Farrelly, Paul
Field, rh Mr Frank
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Godsiff, Mr Roger
Goodman, Helen
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Mr David
Hanson, rh Mr David
Harman, rh Ms Harriet
Harris, Mr Tom
Havard, Mr Dai
Healey, rh John
Hendrick, Mark
Hepburn, Mr Stephen
Heyes, David
Hillier, Meg
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hoey, Kate
Hopkins, Kelvin
Howarth, rh Mr George
Irranca-Davies, Huw
Jackson, Glenda
James, Mrs Siân C.
Jamieson, Cathy
Jarvis, Dan
Johnson, Diana
Jones, Graham
Jones, Mr Kevan
Kane, Mike
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Lewell-Buck, Mrs Emma
Lewis, Mr Ivan
Llwyd, rh Mr Elfyn
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
MacNeil, Mr Angus Brendan
Mactaggart, Fiona
Mahmood, Shabana
Mann, John
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McClymont, Gregg
McDonagh, Siobhain
McDonald, Andy
McDonnell, John
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Miller, Andrew
Mitchell, Austin
Moon, Mrs Madeleine
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Paul
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Pearce, Teresa
Perkins, Toby
Phillipson, Bridget
Pound, Stephen
Powell, Lucy
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Mr Jamie
Reed, Mr Steve
Reeves, Rachel
Reynolds, Emma
Reynolds, Jonathan
Ritchie, Ms Margaret
Robinson, Mr Geoffrey
Rotheram, Steve
Roy, Lindsay
Ruane, Chris
Ruddock, rh Dame Joan
Sawford, Andy
Seabeck, Alison
Sharma, Mr Virendra
Sheerman, Mr Barry
Shuker, Gavin
Simpson, David
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Angela
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Straw, rh Mr Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Thomas, Mr Gareth
Thornberry, Emily
Trickett, Jon
Turner, Karl
Twigg, Derek
Twigg, Stephen
Vaz, Valerie
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Williams, Hywel
Williamson, Chris
Wilson, Phil
Winnick, Mr David
Winterton, rh Ms Rosie
Wishart, Pete
Woodcock, John
Wright, David
Wright, Mr Iain
Tellers for the Ayes:
Nic Dakin
and
Susan Elan Jones
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, rh Sir Tony
Baldwin, Harriett
Barclay, Stephen
Barker, rh Gregory
Barwell, Gavin
Bebb, Guto
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Bingham, Andrew
Birtwistle, Gordon
Blackman, Bob
Blackwood, Nicola
Blunt, Crispin
Bone, Mr Peter
Bottomley, Sir Peter
Bradley, Karen
Brady, Mr Graham
Brake, rh Tom
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Brooke, Annette
Browne, Mr Jeremy
Bruce, Fiona
Bruce, rh Sir Malcolm
Buckland, Mr Robert
Burns, Conor
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, rh Paul
Byles, Dan
Cairns, Alun
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Carswell, Mr Douglas
Chishti, Rehman
Clark, rh Greg
Clarke, rh Mr Kenneth
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crockart, Mike
Crouch, Tracey
Davies, Glyn
Davies, Philip
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Doyle-Price, Jackie
Duddridge, James
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Mr Nigel
Evennett, Mr David
Fabricant, Michael
Farron, Tim
Featherstone, Lynne
Field, Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fuller, Richard
Garnier, Sir Edward
Garnier, Mark
Gauke, Mr David
George, Andrew
Gibb, Mr Nick
Glen, John
Goldsmith, Zac
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, rh Damian
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Halfon, Robert
Hames, Duncan
Hammond, Stephen
Hancock, Matthew
Harper, Mr Mark
Harris, Rebecca
Hart, Simon
Harvey, Sir Nick
Hayes, rh Mr John
Heald, Oliver
Heaton-Harris, Chris
Hemming, John
Henderson, Gordon
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Hopkins, Kris
Horwood, Martin
Howarth, Sir Gerald
Howell, John
Hughes, rh Simon
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Jenkin, Mr Bernard
Jenrick, Robert
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kirby, Simon
Knight, rh Sir Greg
Kwarteng, Kwasi
Lamb, Norman
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Lefroy, Jeremy
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Loughton, Tim
Luff, Sir Peter
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maude, rh Mr Francis
Maynard, Paul
McCartney, Karl
McIntosh, Miss Anne
McPartland, Stephen
McVey, rh Esther
Menzies, Mark
Metcalfe, Stephen
Miller, rh Maria
Mills, Nigel
Moore, rh Michael
Mordaunt, Penny
Morgan, rh Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mulholland, Greg
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Newmark, Mr Brooks
Newton, Sarah
Norman, Jesse
Nuttall, Mr David
Offord, Dr Matthew
Ollerenshaw, Eric
Opperman, Guy
Paice, rh Sir James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, rh Mike
Penrose, John
Percy, Andrew
Perry, Claire
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Pugh, John
Raab, Mr Dominic
Randall, rh Sir John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reevell, Simon
Reid, Mr Alan
Robathan, rh Mr Andrew
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Selous, Andrew
Shelbrooke, Alec
Shepherd, Sir Richard
Simpson, Mr Keith
Skidmore, Chris
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Sir Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stephenson, Andrew
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Sturdy, Julian
Swayne, rh Mr Desmond
Syms, Mr Robert
Teather, Sarah
Thornton, Mike
Thurso, John
Tomlinson, Justin
Tredinnick, David
Turner, Mr Andrew
Uppal, Paul
Vara, Mr Shailesh
Vickers, Martin
Walker, Mr Charles
Walker, Mr Robin
Wallace, Mr Ben
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittingdale, Mr John
Wiggin, Bill
Williams, Mr Mark
Williams, Roger
Williams, Stephen
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Jeremy
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Anne Milton
and
Mark Hunter
Question accordingly negatived.
23 Jun 2014 : Column 143
23 Jun 2014 : Column 144
23 Jun 2014 : Column 145
Amendment made: 12, page 14, line 33, after “(general))” insert “—
() in subsection (1) (fees for grant or maintenance of recognition of professional body), in paragraph (b) (power to refuse recognition, or revoke order of recognition, where fee not paid), after “391(1)” insert “or (2)”;”.—(The Solicitor-General.)
This amendment allows the Secretary of State to revoke or refuse recognition of a professional body recognised for the purpose of authorising partially authorised insolvency practitioners, where the body has not paid a fee in connection with the grant or maintenance of its recognition.
Optional building requirements
Amendments made: 79, page 24, line 14, leave out from “State” to end of line 17 and insert
“in relation to England may include a requirement that applies only where a planning authority makes compliance with the requirement a condition of a grant of planning permission.”
Clause 30 confers power on the Secretary of State in making building regulations to include requirements (referred to in the clause as “optional requirements”) that apply only where a local planning authority decides they should apply. The amendment means that such a requirement will apply only where a planning
23 Jun 2014 : Column 146 authority make compliance with it a condition of a grant of planning permission. See also amendment which inserts a definition of “planning authority”.
Amendment 80, page 24, line 25, leave out from ‘‘before’’ to end of line 26 and insert
“a planning authority may make compliance with an optional requirement a condition of the grant of planning permission.”
This amendment is consequential on amendment 79.
Amendment 81, page 24, line 27, leave out “local”.
This amendment is consequential on amendment 79.
Amendment 82, page 24, leave out lines 40 to 42 and insert—
(a) a local planning authority within the meaning of that Act (see section 336(1));(b) the Secretary of State (in the exercise of functions of granting planning permission);”.
This amendment defines “planning authority” so as to include both a local planning authority (as defined by section 336(1) of the Town and Country Planning Act 1990) and the Secretary of State. This ensures that, where the Secretary of State is exercising functions in relation to the grant of planning permission, he can provide for an optional requirement to apply.
Amendment 83, page 24, line 42, at end insert—
“ “planning permission” has the same meaning as in that Act (see section 336(1)).”—(The Solicitor-General.)
This amendment is consequential on amendment 79. It defines “planning permission” as having the same meaning as in the Town and Country Planning Act 1990.
Amendment proposed: 2, page 24, line 42, at end insert—
‘(2) This section and section 31 shall not come into force until the Secretary of State has laid a Zero-Carbon Housing Strategy before both Houses of Parliament.”—(Jonathan Reynolds.)
Question put, That the amendment be made.
The House divided:
Ayes 209, Noes 272.
Division No. 16]
[
9.25 pm
AYES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Balls, rh Ed
Barron, rh Kevin
Beckett, rh Margaret
Begg, Dame Anne
Benn, rh Hilary
Berger, Luciana
Betts, Mr Clive
Blackman-Woods, Roberta
Blears, rh Hazel
Blenkinsop, Tom
Blomfield, Paul
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr Nicholas
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Burnham, rh Andy
Campbell, rh Mr Alan
Campbell, Mr Ronnie
Caton, Martin
Champion, Sarah
Chapman, Jenny
Clark, Katy
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creasy, Stella
Cruddas, Jon
Cryer, John
Cunningham, Mr Jim
Cunningham, Sir Tony
Danczuk, Simon
David, Wayne
Davidson, Mr Ian
De Piero, Gloria
Denham, rh Mr John
Dobson, rh Frank
Docherty, Thomas
Donohoe, Mr Brian H.
Doran, Mr Frank
Doughty, Stephen
Dowd, Jim
Doyle, Gemma
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Edwards, Jonathan
Efford, Clive
Elliott, Julie
Ellman, Mrs Louise
Engel, Natascha
Evans, Chris
Farrelly, Paul
Field, rh Mr Frank
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Godsiff, Mr Roger
Goodman, Helen
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Mr David
Hanson, rh Mr David
Harman, rh Ms Harriet
Harris, Mr Tom
Havard, Mr Dai
Healey, rh John
Hendrick, Mark
Hepburn, Mr Stephen
Heyes, David
Hillier, Meg
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hoey, Kate
Hopkins, Kelvin
Howarth, rh Mr George
Irranca-Davies, Huw
Jackson, Glenda
James, Mrs Siân C.
Jamieson, Cathy
Jarvis, Dan
Johnson, Diana
Jones, Graham
Jones, Mr Kevan
Kane, Mike
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Lewell-Buck, Mrs Emma
Lewis, Mr Ivan
Llwyd, rh Mr Elfyn
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
Mactaggart, Fiona
Mahmood, Shabana
Mann, John
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McClymont, Gregg
McDonagh, Siobhain
McDonald, Andy
McDonnell, John
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Miller, Andrew
Mitchell, Austin
Moon, Mrs Madeleine
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Paul
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Pearce, Teresa
Perkins, Toby
Phillipson, Bridget
Pound, Stephen
Powell, Lucy
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Mr Jamie
Reed, Mr Steve
Reeves, Rachel
Reynolds, Emma
Reynolds, Jonathan
Ritchie, Ms Margaret
Robinson, Mr Geoffrey
Rotheram, Steve
Roy, Lindsay
Ruane, Chris
Ruddock, rh Dame Joan
Sawford, Andy
Seabeck, Alison
Sharma, Mr Virendra
Sheerman, Mr Barry
Shuker, Gavin
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Angela
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Straw, rh Mr Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Thomas, Mr Gareth
Thornberry, Emily
Trickett, Jon
Turner, Karl
Twigg, Derek
Twigg, Stephen
Vaz, Valerie
Whitehead, Dr Alan
Williams, Hywel
Williamson, Chris
Wilson, Phil
Winnick, Mr David
Winterton, rh Ms Rosie
Woodcock, John
Wright, David
Wright, Mr Iain
Tellers for the Ayes:
Nic Dakin
and
Susan Elan Jones
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, rh Sir Tony
Baldwin, Harriett
Barclay, Stephen
Barker, rh Gregory
Barwell, Gavin
Bebb, Guto
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Bingham, Andrew
Birtwistle, Gordon
Blackman, Bob
Blackwood, Nicola
Blunt, Crispin
Bone, Mr Peter
Bottomley, Sir Peter
Bradley, Karen
Brady, Mr Graham
Brake, rh Tom
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Brooke, Annette
Browne, Mr Jeremy
Bruce, Fiona
Bruce, rh Sir Malcolm
Buckland, Mr Robert
Burns, Conor
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, rh Paul
Byles, Dan
Cairns, Alun
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Carswell, Mr Douglas
Chishti, Rehman
Clark, rh Greg
Clarke, rh Mr Kenneth
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crockart, Mike
Crouch, Tracey
Davies, Glyn
Davies, Philip
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Doyle-Price, Jackie
Duddridge, James
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Mr Nigel
Evennett, Mr David
Fabricant, Michael
Farron, Tim
Featherstone, Lynne
Field, Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fuller, Richard
Garnier, Sir Edward
Garnier, Mark
Gauke, Mr David
George, Andrew
Gibb, Mr Nick
Glen, John
Goldsmith, Zac
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, rh Damian
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Halfon, Robert
Hames, Duncan
Hammond, Stephen
Hancock, Matthew
Harper, Mr Mark
Harris, Rebecca
Hart, Simon
Harvey, Sir Nick
Hayes, rh Mr John
Heald, Oliver
Heaton-Harris, Chris
Hemming, John
Henderson, Gordon
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Hopkins, Kris
Howarth, Sir Gerald
Howell, John
Hughes, rh Simon
Huppert, Dr Julian
Hurd, Mr Nick
James, Margot
Jenkin, Mr Bernard
Jenrick, Robert
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kirby, Simon
Knight, rh Sir Greg
Kwarteng, Kwasi
Lamb, Norman
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Lefroy, Jeremy
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Loughton, Tim
Luff, Sir Peter
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maude, rh Mr Francis
Maynard, Paul
McCartney, Karl
McIntosh, Miss Anne
McPartland, Stephen
McVey, rh Esther
Menzies, Mark
Metcalfe, Stephen
Miller, rh Maria
Mills, Nigel
Milton, Anne
Moore, rh Michael
Mordaunt, Penny
Morgan, rh Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mulholland, Greg
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Newmark, Mr Brooks
Newton, Sarah
Norman, Jesse
Nuttall, Mr David
Offord, Dr Matthew
Ollerenshaw, Eric
Opperman, Guy
Paice, rh Sir James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, rh Mike
Penrose, John
Percy, Andrew
Perry, Claire
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Pugh, John
Raab, Mr Dominic
Randall, rh Sir John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reevell, Simon
Reid, Mr Alan
Robathan, rh Mr Andrew
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Selous, Andrew
Shelbrooke, Alec
Shepherd, Sir Richard
Simpson, David
Simpson, Mr Keith
Skidmore, Chris
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Sir Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stephenson, Andrew
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Sturdy, Julian
Swayne, rh Mr Desmond
Syms, Mr Robert
Teather, Sarah
Thornton, Mike
Thurso, John
Tomlinson, Justin
Tredinnick, David
Turner, Mr Andrew
Uppal, Paul
Vara, Mr Shailesh
Vickers, Martin
Walker, Mr Charles
Walker, Mr Robin
Wallace, Mr Ben
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittingdale, Mr John
Wiggin, Bill
Williams, Mr Mark
Williams, Roger
Williams, Stephen
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Jeremy
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Amber Rudd
and
Mark Hunter
Question accordingly negatived.
23 Jun 2014 : Column 147
23 Jun 2014 : Column 148
23 Jun 2014 : Column 149
23 Jun 2014 : Column 150
Criminal procedure: powers to make Criminal Procedure Rules
Amendments made: 16, page 43, line 24, leave out paragraph (a) and insert—
“() in paragraph 7, after “paragraph 4 above” insert “that relates to material that consists of or includes journalistic material”;
() in paragraph 8, for “such an order” substitute “an order under paragraph 4 above that relates to material that consists of or includes journalistic material”;
() in paragraph 9, for “Such a notice” substitute “Notice of an application for an order under paragraph 4 above that relates to material that consists of or includes journalistic material”;
() in paragraph 10, for “this Schedule” (in each place where it occurs) substitute “paragraph 8”.”
Clause 59(3) allows Criminal Procedure Rules to supply the procedure on an application for a production order under Schedule 1 to the Police and Criminal Evidence Act 1984. This amendment, with amendment 17, excepts any application which relates to material that consists of or includes journalistic material, as defined by section 13 of the 1984 Act, and ensures that the procedure for such applications continues to be dealt with in Schedule 1.
Amendment 17, page 43, line 2, at end insert
“, other than proceedings for an order under paragraph 4 above that relates to material that consists of or includes journalistic material.”—(The Solicitor-General.)
See the explanatory statement for amendment 16.
Power to spell out dates described in legislation
Amendment made: 18, page 49, line 13, at end insert
“or by the National Assembly for Wales constituted by the Government of Wales Act 1998.”—(The Solicitor-General.)
This amendment ensures that the power to spell out dates described in legislation cannot be used to amend subordinate legislation made by the National Assembly for Wales.
Extent
Amendments made: 76, page 53, line 26, after “(10)” insert
“,(Short-term use of London accommodation: power to relax restrictions)”.
This amendment provides for the new clause inserted by amendment to extend to England and Wales.
Amendment 19, page 53, line 27, after “Sections” insert
“(Power of HMRC to disclose information for purposes of certain litigation)”.
This amendment provides for the new clause inserted by amendment NC6 to extend to England and Wales, Scotland and Northern Ireland.
Amendment 20, page 53, line 27, after ‘Sections’ insert ‘”54,55,”.
23 Jun 2014 : Column 151
This amendment extends clauses 54 and 55 (TV licensing) to the whole of the United Kingdom.
Amendment 21, page 53, line 27, after “70” insert
“, (Combining different forms of subordinate legislation)”.
This amendment ensures that the new clause mentioned in it extends to England and Wales, Scotland and Northern Ireland.
Amendment 22, page 53, line 28, at end insert—
‘( ) Her Majesty may by Order in Council provide for any of the provisions of section 55 to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.”—(The Solicitor-General.)
This amendment allows the provisions of clause 55 to be extended to the Channel Islands or Isle of Man.
Commencement
Amendments made: 77, page 53, line 30, after “Sections” insert
“,(Short-term use of London accommodation: power to relax restrictions)”.
This amendment provides for the new clause inserted by amendment (which confers a power to make regulations) to come into force on the day on which the Bill is passed.
Amendment 24, page 53, line 39, after “35” insert
“and (Removal of restriction on investigation of tramway accidents in Scotland by RAIB)”.
This amendment has the effect that the new clause inserted by amendment NC4 will come into force 2 months after the Bill receives Royal Assent.
Amendment 25, page 54, line 4, after “70” insert
“, (Combining different forms of subordinate legislation)”.
This amendment ensures that the new clause mentioned in it comes into force 2 months after the Bill is passed.
Amendment 26, page 54, line 8, after “Parts” insert “A1,”—(The Solicitor-General.)
This amendment has the effect that the new Part added to Schedule 9 to the Bill by amendment 51 will come into force 2 months after the Bill receives Royal Assent.
Insolvency and company law
Amendment made: 50, page 92, line 18, at end insert—
‘(1) The following repeals are made in consequence of paragraphs 18 and 19.
(2) In the Insolvency Act 1986—
(a) in section 1(2), omit “or authorised to act as nominee,”;
(b) in section 2(4), omit “, or authorised to act as nominee,”;
(c) in section 4(2), omit “or authorised to act as nominee,”;
(d) in section 7(5), omit “or authorised to act as supervisor,”;
(i) in paragraph 28(1), omit “, or authorised to act as nominee,”;
(ii) in paragraph 31(2), omit “, or authorised to act as nominee,”;
(iii) in paragraph 33(1), omit “, or authorised to act as nominee,”;
(iv) in paragraph 39(6), omit “, or authorised to act as supervisor,”.
23 Jun 2014 : Column 152
(3) In the Insolvency Act 2000, omit section 4(3) and (4).
(4) In Schedule 6 to the Mental Capacity Act 2005, omit paragraph 31(2).”—(The Solicitor-General.)
This amendment makes amendments that are consequential on the repeal (by Part 6 of Schedule 6 to the Bill) of provisions allowing individuals to be authorised to act solely as nominees or supervisors in voluntary arrangements.
Other measures relating to animals, food and the environment
Amendments made: 52, page 140, line 29, after “subsection (1)” insert
“(like the power in subsection (1) of section one of this Act)”.
The amendment equates the Bill’s existing amendment to the Destructive Imported Animals Act 1932 (making explicit that the power to make control orders for other destructive non-indigenous animals under section 10(1) includes power of revocation and amendment) to the power to make similar orders for musk rats under section 1(1).
Amendment 53, page 141, line 12, leave out “The Secretary of State” and insert
“Lantra (the company registered in England and Wales with the company registration number 2823181)” .
Following a DEFRA consultation (undertaken with the Scottish and Welsh Governments), this amendment makes Lantra (the UK’s Sector Skills Council for land-based and environmental industries), rather than the Secretary of State, the successor to the Council for Small Industries in Rural Areas as an appointer of a member of the Farriers Registration Council.
Amendment 54, page 141, line 14, leave out sub-paragraph (3).—(The Solicitor-General.)
This amendment is consequential on amendment 53. As the Secretary of State is no longer to have the power to appoint a member of the Farriers Registration Council, this amendment removes the requirement for the Secretary of State to consult the Scottish Ministers before making an appointment.
Schools: reduction of burdens
Amendment made: 57, page 155, line 21, leave out paragraph 2 and insert—
2 (1) Omit sections 110 and 111 of the School Standards and Framework Act 1998 (which require the governing bodies of certain schools to adopt home-school agreements), and the italic cross-heading before those sections.
(2) In consequence of sub-paragraph (1)—
(a) in section 138(4)(a) of that Act, omit “, 110(10)”;
(b) in the Learning and Skills Act 2000, in Schedule 9, omit paragraph 85;
(c) in the Education Act 2002, in Schedule 7, omit paragraph 9;
(d) in the Education Act 2011, in Schedule 13, omit paragraph 10(9).”—(The Solicitor-General.)
Paragraph 2 of Schedule 15 currently provides for the requirement that governing bodies of certain schools (maintained schools, city technology colleges, city colleges for the technology of the arts and Academy schools) adopt home-school agreements to cease to apply in England. The amendment substitutes a new paragraph 2 which provides for the requirement to cease to apply in both England and Wales.
Queen’s and Prince of Wales’s consent signified.
23 Jun 2014 : Column 153
9.36 pm
The Minister for Government Policy (Mr Oliver Letwin): I beg to move, That the Bill be now read the Third time.
I start by thanking all those responsible for bringing the Bill in good order through Committee, in particular my hon. and learned Friend the Solicitor-General, my right hon. Friend the Parliamentary Secretary, Office of the Leader of the House of Commons, and all those who participated. I specifically acknowledge the role played by my hon. Friend the Member for North West Leicestershire (Andrew Bridgen), who helped to draft the amendment on BBC licensing, and by my hon. Friends the Members for Stone (Sir William Cash) and for Harwich and North Essex (Mr Jenkin), who helped enormously with the section on the Defamation Act 2013.
Before saying a few words about the Bill, I will say something that I know the Solicitor-General would have liked to say at the end of Report, before he was timed out. I see the hon. Member for Stalybridge and Hyde (Jonathan Reynolds) is in his place, and he will know that the Queen’s Speech outlined the steps we will take to deal with zero-carbon homes and establish allowable solutions. We are aware that within that framework, the decision on the commencement date for amendments to the Planning and Energy Act 2008, which restrict the ability of local authorities to impose their own special requirements, must be made in such a way that the ending of those abilities to set special requirements knits properly with the start of the operation of standards for zero-carbon homes and allowable solutions. I hope that will make the hon. Gentleman—and, indeed, my hon. Friends who are concerned about the same question of timing—rest easy.
The Bill goes to the House of Lords in a condition which, despite the splendid rhetoric from those on the Opposition Front Bench, is similar to that in which it entered this House. There have been significant discussions in Committee and on Report—some things have been added, some things changed, and some dropped—but broadly the Bill goes as it came, and does what it set out to do, which, as I explained on Second Reading, is not in any way to substitute for the enormous amount of work that has been going on across Government for the past three or four years to lessen the burden of regulation by removing regulations from the statute book, improving regulations, changing guidance, and reducing the complexity of bureaucracy that surrounds guidance, orders, codes of practice and so on. Nevertheless, this Bill makes a contribution to that process and helps in a significant way to reduce costs. I remind the House of some few items in the Bill that are of great significance.
Caroline Lucas: I am grateful to the Minister for giving way, but does he not accept that a Bill that is so ideologically based—it is essentially evidence-free, simply saying that all regulation is bad and that the free market is always good—does not do justice to protecting people or the environment?
Mr Letwin:
The hon. Lady makes an odd point, in the sense that if the purpose of the Bill were to suggest that all regulation were bad, it would have a much wider scope than it does. There will remain after this Bill many thousands of pages of regulation, much of which is well intentioned and well aimed. Our contention
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remains that there is, alas, a certain amount of regulation that is burdensome, bureaucratic and sometimes counter-productive and that often has adverse effects on growth and—this matters very much to the hon. Lady—the ability of our country to satisfy social and environmental concerns.
I draw the House’s attention briefly to measures such as clause 1, which gives self-employed people the ability not to be governed by health and safety at work laws under most circumstances; the sensible measures on taxi and private hire vehicles, which were widely welcomed by those around the country who are being unnecessarily constrained; the significant changes being made to alcohol and entertainment licensing; and the considerable advances on poisons that have just been made on Report.
I want to end with a word on poisons. A part of my personal journey in the red tape challenge began when I discovered that in this country we operated a system—this is germane to the hon. Lady’s point—whereby someone would pay a small fee and send a piece of paper to an office; there the paper was stamped, which cost the taxpayer a certain amount; it was then sent back and the person was allowed to sell all sorts of very poisonous substances. However, people had to send the same piece of paper and the same fee if they wanted to sell things such as household bleach. It was an entirely purposeless exercise, which had gone on for years and years. It neither served the purpose that we wish it to serve—that of regulating properly the sale of extremely dangerous substances—
Mr Letwin: I am terribly sorry, but I need to bring my remarks to a close.
That system did not stop the sale of extremely dangerous substances properly, but it did impede the ability of corner shops to sell perfectly innocuous substances easily, so we are changing that. One of the measures introduced on Report will help to do that by getting rid of the poisons board. I therefore hope that the House will welcome a modest but highly useful contribution to the enormously important task of making this country an easier place to do business, so that we can fulfil our long-term economic plan.
9.43 pm
Chi Onwurah: I echo the Minister’s thanks to all those involved in bringing the Bill to Third Reading, particularly colleagues involved in trying to give it the proper scrutiny it deserves.
This Bill has given a fascinating insight into the Government’s priorities and how they develop policy. On Second Reading I described it as a Christmas tree Bill, but one without the presents, and indeed, the Minister is an unlikely Santa Claus. By Committee stage, so much had been added to the Bill that a colleague said to me that it was more like the Blackpool illuminations than a Christmas tree, and since then there has been yet another festooning—I believe the Government are trying to go for Las Vegas.
My understanding is that when they were putting this Bill together, Cabinet Office Ministers were hawking themselves around Whitehall for regulations that were supposedly choking the economy. What they came back
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with, however, was a Bill that deregulated the sale of knitting yarn, but was more about removing burdens from Ministers than from the entrepreneurs and business people we seek to support, and of course it had the customary attacks on working people’s rights that we have come to expect from this Government.
Kelvin Hopkins: My hon. Friend has described the Bill kindly as a Christmas tree. I think “a dogma-driven ragbag” would be better. The Minister just suggested that household bleach is not a poisonous substance; I would like to see him convince us of that argument.
Chi Onwurah: The Minister shows a lack of understanding of what is considered poisonous by many in households across the country, and that goes with a lack of understanding of what the country actually needs to improve the situation of working people.
When the Bill was introduced to Parliament, Ministers estimated that it would save business £10 million over 10 years—20p for each and every business in the country. As my hon. Friend the Member for Hartlepool (Mr Wright) observed on Second Reading:
“It takes four fifths of a second for the British economy…to generate that potential saving”.—[Official Report, 3 February 2014; Vol. 575, c. 97.]
Over the weekend, the Prime Minister’s enterprise adviser, Lord Young said:
“Of course there’s a cost of living crisis”,
so it has taken him four years to come round from “They’ve never had it so good,” to “Of course there’s a cost of living crisis.” We Opposition Members have been saying it for years, and I hope the Prime Minister will now listen.
We need a Bill to help businesses that cannot get the finance they need and to help people who are struggling with energy bills and the cost of living. Families have lost £1,600 a year since the general election, yet this Bill, by its own estimate, will benefit each person in this country by 18p. I think Britain deserves better. It deserves better than a Bill contrived to meet the Prime Minister’s vainglorious goal to leave government, come what may, with fewer regulations than when he entered government—not fewer zero-hours contracts, not fewer youth unemployed, but simply fewer regulations.
On its way through the House, we have seen various measures tacked on to the Bill. Despite a comprehensive and ongoing process of scrutiny of the area, we had three new clauses rammed into the Bill over a 10-day consultation and far too much that we could not discuss today. We had 49 minutes to debate 43 amendments, as my hon. Friend the Member for Chesterfield (Toby Perkins) put it: there is certainly much that we will need to return to in the other place.
James Duddridge: Given the need to return to the subject a number of times, would the hon. Lady support an annual deregulation Bill, perhaps driven off the back of Law Commission work? I know from having served on the Joint Committee over 11 months ago that there seem to be a number of other issues that the Government have not been able to include even at late notice, but that should be included in future.
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Chi Onwurah: As the hon. Gentleman well knows, the Law Commission excellently pursues the identification of regulations that are obsolete and need to be removed, but given what the Government have placed in this Bill, I dread to think what sort of a ragbag of unthought-through measures would appear in an annual Bill. It is clear that this Government have run out of ideas. This zombie Parliament is not short of time—in fact, we have so much of it that I hear rumours that the recess may be moved by a week yet again—so it is particularly strange that Ministers are rushing through proposals in this way.
We will continue to oppose several other clauses in the other place. Clauses 1 and 2 are unwarranted attacks on employee rights, and Ministers have been unable to produce any evidence or facts to make an economic case for the provisions. As my hon. Friend the Member for Luton North (Kelvin Hopkins) suggested, it is simple dogma. Also, clause 1, which deals with health and safety regulations, will create unwelcome confusion that may endanger lives. Clause 17, on insolvency practitioners, is another clause that we oppose. My hon. Friend the Member for Chesterfield made many excellent points about it earlier, and I shall not repeat them.
Despite those misgivings, we shall not vote against Third Reading, as we remain hopeful that the problems that I have highlighted will be rectified in the other place. However, it is clear that the electorate will have to wait until 2015 for a Government who will take action to end the cost-of-living crisis, improve child care, build the houses that we need, end the abuse of zero-hours contracts, and give guarantees of work to young people and the long-term unemployed. That is where our policy development has focused: not on ad hoc tinkering with knitting yarn, but on real action that will deliver real prosperity for hard-working people in this country.
Mr Speaker: Order. Three hon. Members are seeking to catch my eye. It would be good if all of them could be accommodated, but we shall see. Economy is required.
9.50 pm
Andrew Bridgen: Having worked on the Löfstedt review of health and safety reform and served on both the Committee that subjected the Bill to pre-legislative scrutiny and the Public Bill Committee, I can tell the House that no one is happier than I am to see it reach its final stages. It will serve as a further lever to economic growth, and it builds on the Government’s enviable reputation for reducing obsolete, redundant and unnecessary legislation. I am thinking particularly of the duty of care for non-financial regulators to take account of economic growth as a game-changer. It will change the relationship between business and the regulators, and will lead to better regulation. Health and safety reform is good news for our economy, for our wealth creators and for jobs. The “use of land” provisions have brought about an accord between landowners and ramblers which has been welcomed on all sides and which should streamline the process of moving public footpaths for the benefit of both landowners and those who use these greatly valued rights of way.
Clauses 51 and 52 were originally tabled as new clauses in my name and that of my hon. and learned Friend the Solicitor-General. My original proposal was
23 Jun 2014 : Column 157
supported by 149 Members on both sides of the House, who formed a coalition across the political spectrum—a rainbow coalition. Such a number of supporters for a Back-Bench amendment to a Government Bill is unprecedented in recent years, and I thank all the Members involved. Of course, I also thank the Government for adopting the measure.
For 20 years, the Magistrates Association has been calling for the decriminalisation of non-payment of television licence fees. It believes that a higher level of compliance can be achieved without recourse to the courts. The BBC itself said that it did not want people to go to prison, but the fact remains that last year 51 people did go to prison, as opposed to 48 the previous year. An e-mail that I received from a barrister stated:
“During my time in Court I was struck by the number of poor people up before the bench who were receiving a criminal conviction for not paying their television licence. Most of them were guilty only because they were very poor. They did not seem to be feckless people, just people who were down on their luck. Prosecuting them was (and is) shameful and remains a blot on our legal system.”
The BBC has responded to the proposal for decriminalisation by saying that it will lead to an increase in evasion and a reduction in its income, so I hope that the review will include consideration of the experience of Scotland, where the number of prosecutions for non-payment decreased from 2,827 in 2004-5 to just 34 in 2012-13, owing to greater emphasis on alternatives to prosecution such as fiscal fines as a result of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. I understand from the latest evasion figures issued by TV Licensing that the number of evaders in Scotland is 66,000, and the rate of evasion is 5%—exactly the same as it is in England, although we criminalise 180,000 of our fellow citizens every year. The BBC has been guilty of spin on this topic, and trying to spin politicians is a dangerous game to play.
Let me sum up the debate by saying that the Bill builds on the Government’s achievements in cutting the needless red tape that has been allowed to build up on the statute book for many years. I hope that, in the case of BBC licence fee non-payment, it will remove a blot from our legal system.
9.54 pm
John McDonnell: I thank the Minister for his courtesy and for the constructive way in which he dealt with the development of amendments 16 and 17, meeting representatives of the National Union of Journalists, editors and others to avoid what could have been a disastrous incursion into the freedom of speech and of written material. None the less, I oppose the Bill overall and will be shouting against it. I will seek to vote against it, if only with a few others, for three reasons.
I believe that the health and safety legislation with regard to the self-employed means that people will be put at risk. It will cause absolute confusion. Only during the debate did we receive from the Minister a list of supposedly dangerous categories of employment, where people who are self-employed will still have the health and safety legislation applied to them, but whole areas of employment were left out, including the docks and some parts of the maritime sector, which are particularly dangerous. I think this will cause absolute confusion and will, sadly, result in loss of limbs and loss of life.
23 Jun 2014 : Column 158
I am also opposed to the Bill because of its reforms relating to taxis and public hire vehicles which, as has been said today, will put the travelling public at risk. There will be no effective control over who will be plying that trade. Last year there were 200 incidents of attacks on people travelling in private hire cars in London, where this type of legislation already applies.
Thirdly, it is a disgrace that we are tearing up legislation introduced by a Conservative Government that ensured there was a proper investigation into the sinking of the Derbyshire and brought at least some comfort to the relatives of the victims. What we are doing now is ensuring that if another such accident occurs, the decision whether or not an inquiry is opened or reopened will be based on the whim of a Minister. That is a step backwards, and it means we have not learned the lessons the Conservative Government did learn in 1995, when they put this legislation in place.
For those reasons, I will seek to oppose this Bill at every possible opportunity.
9.56 pm
Peter Aldous (Waveney) (Con): I want to say a few words about clause 44, which gives individual schools the ability to set their own term times and potentially reduce summer holidays from six to four weeks. I understand the rationale for that measure both from an educational point of view and from the perspective of giving schools greater autonomy, but there is concern that the measure could have a significant adverse impact on the tourism industry, in particular on family seaside attractions such as Pleasurewood Hills and Africa Alive! in my constituency.
Such businesses tend to be concentrated in specific areas, very often on the coast, and they are an important component in the local economy. A good summer season is vital to the viability and profitability of many such businesses. Cutting the traditional summer holiday by a third could be extremely damaging to many local economies around the country. To properly assess the impact of the proposal, will my right hon. Friend the Minister consider carrying out an impact assessment while the Bill is being considered in the other place?
Question put, That the Bill be now read the Third time.
The House divided:
Ayes 190, Noes 6.
Division No. 17]
[
9.58 pm
AYES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, rh Sir Tony
Baldwin, Harriett
Barwell, Gavin
Beresford, Sir Paul
Bingham, Andrew
Blackman, Bob
Bradley, Karen
Brake, rh Tom
Brazier, Mr Julian
Bridgen, Andrew
Brooke, Annette
Bruce, Fiona
Buckland, Mr Robert
Burns, Conor
Burrowes, Mr David
Burt, rh Alistair
Byles, Dan
Cairns, Alun
Campbell, rh Sir Menzies
Carmichael, Neil
Clark, rh Greg
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Crockart, Mike
Crouch, Tracey
Davies, Glyn
Dinenage, Caroline
Doyle-Price, Jackie
Duddridge, James
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Elphicke, Charlie
Eustice, George
Evans, Graham
Evennett, Mr David
Fabricant, Michael
Farron, Tim
Featherstone, Lynne
Field, Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Fuller, Richard
George, Andrew
Goldsmith, Zac
Graham, Richard
Grant, Mrs Helen
Green, rh Damian
Grieve, rh Mr Dominic
Griffiths, Andrew
Gyimah, Mr Sam
Halfon, Robert
Hames, Duncan
Hancock, Matthew
Harper, Mr Mark
Harris, Rebecca
Hart, Simon
Harvey, Sir Nick
Hayes, rh Mr John
Heald, Oliver
Heaton-Harris, Chris
Hemming, John
Hollingbery, George
Hollobone, Mr Philip
Hopkins, Kris
Horwood, Martin
Howarth, Sir Gerald
Howell, John
Hughes, rh Simon
Hunter, Mark
Huppert, Dr Julian
Jenrick, Robert
Johnson, Gareth
Jones, Andrew
Jones, Mr Marcus
Kawczynski, Daniel
Kirby, Simon
Knight, rh Sir Greg
Kwarteng, Kwasi
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Leadsom, Andrea
Lefroy, Jeremy
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Loughton, Tim
Macleod, Mary
Maude, rh Mr Francis
Maynard, Paul
McCartney, Karl
McIntosh, Miss Anne
McPartland, Stephen
Menzies, Mark
Metcalfe, Stephen
Miller, rh Maria
Mills, Nigel
Moore, rh Michael
Mordaunt, Penny
Morgan, rh Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mulholland, Greg
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Newmark, Mr Brooks
Newton, Sarah
Norman, Jesse
Nuttall, Mr David
Offord, Dr Matthew
Ollerenshaw, Eric
Opperman, Guy
Paice, rh Sir James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penrose, John
Perry, Claire
Phillips, Stephen
Pincher, Christopher
Poulter, Dr Daniel
Pugh, John
Reckless, Mark
Rees-Mogg, Jacob
Reid, Mr Alan
Robathan, rh Mr Andrew
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Selous, Andrew
Shelbrooke, Alec
Skidmore, Chris
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soubry, Anna
Spencer, Mr Mark
Stephenson, Andrew
Stewart, Bob
Stewart, Iain
Stewart, Rory
Stride, Mel
Sturdy, Julian
Swayne, rh Mr Desmond
Syms, Mr Robert
Teather, Sarah
Thornton, Mike
Thurso, John
Uppal, Paul
Vara, Mr Shailesh
Vickers, Martin
Walker, Mr Robin
Wallace, Mr Ben
Wharton, James
Wheeler, Heather
White, Chris
Whittingdale, Mr John
Wiggin, Bill
Williams, Mr Mark
Williams, Stephen
Williamson, Gavin
Wollaston, Dr Sarah
Wright, Simon
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Ayes:
Anne Milton
and
Amber Rudd
NOES
Corbyn, Jeremy
Llwyd, rh Mr Elfyn
Lucas, Caroline
McDonnell, John
Morris, Grahame M.
(Easington)
Williams, Hywel
Tellers for the Noes:
Kelvin Hopkins
and
Jonathan Edwards
Question accordingly agreed to.
23 Jun 2014 : Column 159
23 Jun 2014 : Column 160
Bill read the Third time and passed.
Business without Debate
WELSH GRAND COMMITTEE
That—
(1) the matter of the Government’s Legislative Programme as outlined in the Queen’s Speech as it relates to Wales be referred to the Welsh Grand Committee for its consideration;
(2) the Committee shall meet at Westminster on Wednesday 16 July at 9.30am and 2.00pm to consider the matter referred to it under paragraph (1) above; and
(3) the Chair shall interrupt proceedings at the afternoon sitting not later than two hours after their commencement at that sitting.—(Mr Lansley.)
COMMUNITIES AND LOCAL GOVERNMENT
That James Morris be discharged from the Communities and Local Government Committee and Alec Shelbrooke be added.—(Geoffrey Clifton-Brown, on behalf of the Committee of Selection.)
PUBLIC ACCOUNTS
That Stephen Barclay be discharged from the Committee of Public Accounts and Mr David Burrowes be added.—(Geoffrey Clifton-Brown, on behalf of the Committee of Selection.)
PUBLIC ADMINISTRATION
That Priti Patel be discharged from the Select Committee on Public Administration and Mr Nigel Evans be added.—(Geoffrey Clifton-Brown, on behalf of the Committee of Selection.)
23 Jun 2014 : Column 161
Severe Eating Disorders (North-East England)
Motion made, and Question proposed, That this House do now adjourn.—(Mr Evennett.)
10.9 pm
Chi Onwurah (Newcastle upon Tyne Central) Severe eating disorders are a significant and growing issue for too many of our constituents. I pay tribute to the all-party parliamentary group on body image and the Backbench Business Committee for the excellent debate in February on severe eating disorders, which helped raise awareness about this terrible group of mental illnesses. I am also indebted to the many concerned people who have written to me, some with heartbreaking testimony; to the campaigning group, the North East Eating Disorder Action Group; and to the charity, NIWE eating distress service, for sharing their concerns.
This evening, I will focus my remarks on the treatment of severe eating disorders in the north-east, and in particular on the proposed closure of the Richardson unit in the Royal Victoria infirmary hospital in my constituency, the impact it is having on sufferers and their family and friends, and the sorry catalogue of mistakes and omissions by NHS England, which has brought us to the point where very ill and vulnerable patients from Tyneside are being forced to go for treatment to Norwich, Glasgow and London while suitable beds go empty in Newcastle.
The term “eating disorders” refers to a range of conditions, including, though not limited to, anorexia, bulimia and binge eating. They affect 1.6 million people in the UK, more than 90% of whom are women, although the incidence in men is on the rise. Severe eating disorders carry the highest mortality of any mental illness. We should think of that when we consider the situation of those suffering from these disorders, and the emotional turmoil that places on their carers. Do they really deserve to have the stress of travelling hundreds of miles added to that?
Unfortunately, eating disorders are on the increase. The number of hospital admissions is rising across the country, but in the north-east, at 6.5 per 100,000, they are 30% above the national average.
Catherine McKinnell (Newcastle upon Tyne North) (Lab): I congratulate my hon. Friend on securing this really important debate. The point she is making reflects the concerns of a few of my constituents who have contacted me. A couple wrote to me and said:
“No one associated with the unit can understand the decisions being taken at a time when the incidence of eating disorders is increasing. Our daughter relies on the excellent treatment and support provided by the dedicated team at the RVI’s unit. We have no doubt that her own health and those of others would suffer if this service was withdrawn.”
Chi Onwurah: My hon. Friend makes an excellent point. Again, the testimony of those most intimately involved speaks to the excellence of the unit and the concern of people in Tyneside.
Guy Opperman (Hexham) (Con):
I congratulate the hon. Lady on securing this debate. Like her, I have had many letters of support from constituents who have been helped by the Richardson eating disorder service,
23 Jun 2014 : Column 162
and also from individual nurses and doctors, such as Dr Caroline Reynolds, the consultant psychiatrist at REDS, who have provided assistance to people with this terrible disease. Does the hon. Lady think it would be right for the mental health trust and NHS England, together and collectively, to review their decision and, going forward, address how they will recommission the service when the present contract ends?
Chi Onwurah: The hon. Gentleman makes an excellent point, and I certainly believe that the decision should and must be reviewed. It is clear that a number of hon. Members have been contacted by concerned constituents. Indeed, the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith), who cannot attend this debate, asked me to say that he also had constituents who are affected.
Given that admissions in the north-east are 30% above the national average, and that the Royal College of Psychiatrists recommends that six beds per million of the population are needed for average admission rates, the north-east’s 2.8 million people need 23 beds. I will return to that figure, but first a word about the threatened unit that hon. Members have already referred to.
The Richardson eating disorder service is operated by Northumberland, Tyne and Wear NHS Foundation Trust. It is in the centre of Newcastle, with excellent transport links. It is acknowledged to be an outstanding unit, rated excellent by the Royal College of Psychiatrists and the Care Quality Commission. It has just won Beat’s clinical team of the year award. A stable, vastly experienced staff has been treating adult in and out-patients since 1997, and it has saved many lives. One sufferer said:
“I have suffered from anorexia nervosa for over 12 years and unfortunately during that time I have required many admissions to medical and eating disorder units”.
She names a number of them before going on to say:
“The admission to the Richardson was by far the most successful. I made such huge strides towards recovery and was the healthiest I have been since this all began.”
Mrs Mary Glindon (North Tyneside) (Lab): In the light of what my hon. Friend says, and the fact that the unit’s model of partial hospitalisation of out-patient services has been so successful, does she not agree that NHS England should look at that model and perhaps reconsider its decision on the specification of specialised services?
Chi Onwurah: My hon. Friend makes an excellent point. Indeed, if the criteria on which this decision was made were publicly available, we could perhaps tell which models NHS England considered and what it hoped to achieve. Unfortunately, there is no transparency, which is one of the key issues.
Problems started in 2010, when commissioned adult eating disorder in-patient beds were tendered and the contract was awarded to Tees, Esk and Wear Valleys NHS Foundation Trust, although it did not then operate an in-patient unit. It quickly established a 10-bed unit in Darlington, but on a site with poor transport links to the north. For clarity for those Members who may not be familiar with the north, Newcastle is to the north of Darlington.
The award was a shock to many people, not simply because of the result, but because of the lack of consultation. I should like to ask the Minister a specific
23 Jun 2014 : Column 163
question: against what criteria were proposed services considered to be better than award-winning ones already on offer in the Richardson? If he does not know, I hope that he will promise to find out. Was cost the driving factor? What was the evidence basis for the centralising of these critical mental health services?
The National Institute for Health and Care Excellence guidelines specifically state that for severe eating disorders patients should be treated near their homes, with the support of family and friends. These are often young, vulnerable people, who are not yet independent of their family, either financially or emotionally. As one told me,
“Seriously ill anorexics are often cognitively impaired as a result of severe starvation and separation from loving support, together with that the challenge to dangerous and entrenched behavioural traits is often too much to bear.”
Given the lack of consultation, the north-east specialised commissioning group was instructed to strengthen its relationships with stakeholders and report any other substantial changes or developments to the NHS scrutiny committee.
NEEDAG, formed by carers and patients concerned about the threat to the Richardson, hoped that at least five of the beds in the Richardson would continue to be used by those in the north of the region, given overall regional demand. However, in April 2012, the commissioner increased the number of beds at Darlington to 15—again, without any consultation, scrutiny or performance data by which to make judgments. When challenged, I am told that the commissioner said they were not obligated to consult anyone. I hope that the Minister will correct them on this point. It is possible that the top-down reorganisation of the NHS instituted by this Government may have led to them forgetting their obligations under the NHS constitution.
When Darlington was full, commissioners started sending very ill patients out of the area, instead of to the Richardson, saying that every commissioned bed in England, no matter where it was, had to be filled before a patient from Tyneside could be sent to Newcastle. That is how we have arrived at the ridiculous and tragic situation of our national health service sending vulnerable Tyneside patients to Glasgow, Norwich and London when there are empty beds in the Richardson unit in the centre of Newcastle.
The impact on vulnerable young people of being separated from their families undoubtedly makes it more difficult to recover—hence the NICE guidelines. The cost of visiting for families is enormous, both financially and emotionally. One parent wrote:
“This will then have an effect on our family’s mental health as we are all struggling to come to terms with the condition and to help M recover. I would refuse to let M be admitted so far away from home and would rather give up my full time job to look after her in the familiar and safe surroundings of home.”
Another parent who fought to win a place for their daughter at the Richardson said:
“We were very angry to have been put in the position of having to fight for a bed for our dangerously ill daughter at a time when all our energy was needed to comfort and support her through a very difficult time. The added pressure and anxiety it caused the whole family was dreadful.”