John McDonnell
MP for Hayes and Harlington · Labour · United Kingdom
“It is not a laughing matter—I am sorry for interrupting the flow of the discussion. It would be useful if the review looked at NATS’s long-term investment plans, particularly since its partial privatisation in 2001, which I opposed. I thank the Minister for meeting Unite this morning and thanking the workers, who have worked so hard.”
“On a number of occasions, I have raised the case of Lee Cheuk-yan, who many Labour Members will remember was the general secretary of the Hong Kong Confederation of Trade Unions and founder of the Labour party in Hong Kong. He was detained during the democracy movement five years ago.”
“I thank the Minister for his statement. NATS used to be in my constituency and then moved down to Swanwick. Of course, with Heathrow in my constituency, I receive—as I mentioned yesterday—a large amount of correspondence from a whole range of other MPs’ constituents, who think I am responsible for Heathrow airport.”
“I fully agree, and let me also say that wheelchair compensation is significant in this legislation. Most of us have dealt with cases like that. Going back to accountability in the process, a number of different organisations have provided us with notes on the legislation.”
“I apologise to my right hon. Friend; I should have checked this before the debate. The proposed new section 61G refers to priorities and objectives of the Secretary of State, which include a requirement for the Secretary of State to issue a document setting out those priorities and objectives for the CAA.”
“At the moment, when people in my constituency are faced with these problems, they do not know where to go; it is as simple as that. Finally, the debate that we will have on Heathrow expansion and the new policy statement will be interesting, given that we do not know what the flight paths will be. If I was a constituent of my hon.”
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“It is hard to understand why the United States finds a transfer to the United Kingdom almost impossible; it is extraordinary that David Hicks, who had admitted to terrorist activity, was released to Australia in February, but the United States refuses to release Shaker, who has never been charged and has been cleared for release twice. Why is Shaker still being detained? That is the question that we are all asking. Why can he not be allowed to come home to his family? We can only speculate. Is it because he knows too much about what happened in Guantanamo Bay and will ensure that the truth comes out if he is released? Is it because he was a spokesperson for the prisoners in Guantanamo when he was setting up the prisoners’ council? Is this part of some vindictive victimisation?”
“We also know from evidence provided by the United States guards themselves about the performance of those tortures. Shaker has never been charged with any crime. He has been cleared for release twice but continues to be detained in Guantanamo, while many others have been released, including all the Britons and British residents. Over the past 12 months, 33 prisoners have been released in difficult circumstances. They have been released to host countries from Uruguay to Kazakhstan, which has obviously involved fairly complicated arrangements.”
“The CIA’s own torture memos of what happened in Guantanamo—which was authorised, unfortunately—describe “Enhanced Interrogation Techniques endorsed by Dick Cheney for use in Guantanamo, including, yelling, slapping, stress positions, extremes of heat and cold, constant bright lights, permanent noise and constantly repeated music, food, sleep and sensory deprivation, long periods of total solitary confinement, removal of facial hair, removal of blanket, clothes, toothbrush…forced nudity, and forced feeding, sexual assault, water-boarding and suffocation in a narrow box, prolonged shackling of hands and feet, threats to family, exposure to dogs, insects etc., denial of exercise or daylight.” We know from the prisoners who have been released so far that that is exactly what Shaker has experienced while being held in Guantanamo Bay.”
“It looks as though the ransom or reward turned the rounding up of individuals, particularly by the Northern Alliance and others, almost into a trade during that period, and it is easy to see how injustices have resulted. According to Reprieve, which has been analysing what has been happening in Bagram and elsewhere, while detained in Bagram, Shaker was “forced to stay awake for nine days straight and denied food. Doused in freezing water, he was made to stand in the Afghan winter on concrete for 16 hours. His feet were beaten and he was bound in torturous positions.” After Bagram, in 2002, Shaker was among the first to be sent to Guantanamo Bay, where we know that he has endured harsh, brutal and inhuman treatment. That has been exposed by the United States authorities themselves.”
“Finally, someone said that this has not been a particularly well attended debate, but the attendance has been good for this type of debate. It has been well attended by senior Members, ex-Ministers and others with a human rights background, so I am really grateful for that and I know that the campaigners and the family will be, too. Let us all say together, in support of the motion, to the family, friends and campaigners, that we will not go away and we will secure the freedom of Shaker Aamer. Question put and agreed to . Resolved , That this House calls on the US Government to release Shaker Aamer from his imprisonment in Guantánamo Bay and to allow him to return to his family in the UK.”
“Secondly, I welcome wholeheartedly the Minister’s saying that the UK Government’s representations will continue, but he must take note of the sense of this House and those representations must be determined and courageous. We need to say frankly to our allies in America, “This man must be released.” Thirdly, a number of Members have raised the issue of access. We need to ensure that Shaker Aamer’s health is assessed and properly dealt with and that he secures the full legal representation he requires. The Minister has said that we are restricted in the consular support we can provide because he is not a British national. Actually, he received the right to indefinite leave in this country, and if it were up to me I would offer him full British citizenship in order to overcome the issue of overall access.”
“I am grateful to the Minister for his last statement. I will deal briefly with three issues raised by the debate. First, we now know that Shaker Aamer is in the process of a review. We welcome that, but the problem is that we are still not clear about the evidence presented against him, because intelligence is not being shared. As far as I am concerned, the concept of intelligence is yet again being used as an excuse to cover up injustice. We are not sure about the review’s timetable or the criteria on which it will make its decision, so although I welcome the Minister’s saying that a review is taking place, unfortunately the process does not give us confidence.”
“That has helped us to move forward clearly on the codes of practice, but those do not go far enough, nor do these regulations, to meet the NUJ’s position on the protection of journalistic sources. However, the draft clauses have been published. We are about to go into purdah. Whoever is in government after the election will have to address the issue fairly quickly, as the Minister knows. Can the lines of communication between the civil servants and the NUJ remain open during this period? Also, can further meetings take place with the NUJ’s legal advisers and the NUJ representatives to ensure that the eventual legislation, or the advice on the eventual legislation, that goes before the incoming Ministers will meet with the approval of all stakeholders, as well as journalists?”
“I will not delay the House more than a minute. Over the past 12 months I have bored the House enough, like a needle on a cracked record, on the subject of the protection of journalists. That started with a debate on the concerns expressed by the National Union of Journalists about the volume of production orders that were being used against its members, as well as the range of organisations using and abusing RIPA, and the police moving away from PACE to avoid accountability through the courts, and then using RIPA. In addition, concerns were expressed by the NUJ about the development of DRIPA. I am grateful to the Minister for allowing the interchange of views between the NUJ and his officials.”
“Member for Harrow East (Bob Blackman), representing the Bill’s promoters, can inform us whether Transport for London is willing to accept all the amendments. If it is, we will not need to spend any further time on the issue this evening. I am happy to give way to the hon. Gentleman if he is willing to advise us of TfL’s position.”
“I refer Members to my entry in the Register of Members’ Financial Interests with particular regard to donations from trade unions to my constituency party. We are now in a long campaign period and although these donations are to my constituency party and are not personal donations, I wish to declare them. They will pay for leaflets in the election campaign bearing my photograph—that will probably cost me votes! I thought I had better declare those interests tonight. Through you, Madam Deputy Speaker, and on behalf of myself and colleagues who drafted amendments to the Bill, I would like to thank and congratulate the Clerk on the advice he provided to us throughout. He took our original ideas and my own poor drafts and turned them into the amendments that have been selected today. I will happily curtail this debate right now if the hon.”
“That is disappointing—in fact, I am absolutely shocked. I thought we might have been able to see some movement on at least some of these issues, given the dialogue that has taken place and that this Bill has been travelling through the House since 2011. Elements have been dropped from the Bill and the Committee insisted on having amendments at some stage.”
“I am concerned about the Bill’s implications for all our London constituents and constituencies. As I have said, given that the debate has lasted for four years, I would expect a dialogue to have taken place by now, along with acceptance of some of the arguments, to allow at least a degree of compromise to be reached.”
“I will not labour the point. Let me now deal with the amendments. I shall begin by outlining the general justification for the group, and will then deal with them individually. This group of amendments was prompted by the raising of a number of issues on Second Reading, in the Opposed Private Bill Committee and in the other place. None of those issues seems to have been taken on board bar one, and that only because the Committee forced it on the promoter after its consideration of the representation of petitioners who included members of community organisations, a member of the Greater London authority and the National Union of Rail, Maritime and Transport Workers.”
“I do indeed pay tribute to the petitioners. The amendments that are in my name and those of others—and those tabled by my hon. Friend the Member for Islington North (Jeremy Corbyn), which I support—arise from the views expressed by the petitioners on particular issues.”
“The hon. Gentleman and I have worked and campaigned on the third runway issue in close co-operation. I am grateful to him for all his support, and respect him for it. However, I think that the responsibility of a Member of Parliament is to reflect the concerns expressed to him by his constituents, and in this instance—given that we have a general accountability to Londoners overall—by the Londoners who have petitioned against the Bill. That is why the amendments have been drafted very specifically on the basis of the views expressed in the Opposed Private Bill Committee, which were not fully taken into account following the Committee’s recommendations. I had to draft the amendments, in consultation with some of the petitioners, to ensure that I captured their main concerns.”
“That is a valid point, which I will try to address when we turn to the specific amendments. I thought there were issues on which we could have had compromise; the main thrust of the first group of amendments is to secure openness, transparency and, most importantly, a consultative decision-making process. I have sat down with each of the petitioners. The whole point of these amendments is the need for consultative engagement by TfL and its subsidiaries when dealing with sites in their areas.”
“That is the risk behind this Bill if it goes through unamended tonight, and this group of new clauses and amendments has been tabled to ensure that we have a proper debate. I hope that the Bill will not go through unamended, but if it does, the new clauses and amendments will at least form the agenda for a dialogue between our communities and their elected representatives and Transport for London.”
“It amounts to an immense mortgaging of London’s future, but also, more dangerously, as has been put to us in discussion after discussion with the regional petitioners, it opens up what one has described as a speculators’ bonanza in our capital city. New clause 1 would address that to some extent, as would the other amendments. The Bill puts at risk the finances of Transport for London, as well as its operations and its supply of transport services to London, including the tubes, the buses and even, I have to say, the Boris bikes. In the event of the catastrophic failure of some of what can only be described as the Mayor of London’s escapades, the burden would fall on London fare payers, London council tax payers, London business rate payers and, eventually, the general taxpayer.”
“We will come to the other issue to arise from these amendments largely in the second block of amendments, but it relates to the first block as well. It is the concern about the vehicles that will be used, or which are proposed in this legislation. It is why new clause 1 is so crucial to the way forward. There are concerns about the range of vehicles, from the limited partnerships, which I think are the most worrying vehicle, as identified in the evidence to the Opposed Private Bill Committee, to the limited liability partnerships. What we have in the Bill, and what this group of amendments addresses, is potentially the largest use for generations of public assets in the capital to raise funds.”
“Why are those key elements of openness, transparency, a consultative decision-making process and accountability so important to the petitioners who have come to us and so important to our constituents who have raised these matters with us—the genesis of these amendments? It is because the Bill extends the power of TfL—and, via TfL, the Mayor of London’s power—to use an immense range and quantity of assets. Members may wish to correct me on this, but when we last asked how many sites could be identified as being such assets, I think the figure I was told was about 3,000 sites in the ownership or control of TfL. As a result of this legislation, those sites could be used for the placement of charges and mortgages to guarantee indemnity, and therefore for borrowing to raise funds.”
“That is it exactly. That is what new clause 1 seeks to address to a certain extent, as I will come on to. The right hon. Member for Cities of London and Westminster (Mark Field) has got a valid point, however, in mentioning concerns about antipathy to investment in London and that we need a balance in terms of non-London infrastructure investment and infrastructure investment in London. However, I do not think that this Bill solves that—in fact, I do not think it even addresses it. It makes matters worse. The prime principle behind this group of amendments is accountability.”
“Members will remember that the scale of the PPP extended to £3 billion. That was the extent of the bail-out as a result of that poor legislation being imposed on the then Mayor of London against his wishes and, I believe, against the wishes of the GLA on a cross-party basis. We subsequently discovered that the cost of the imposition of that £3 billion was £400 million in accountancy and consultancy fees alone. That money was wasted, and it was an absolute scandal. The Bill that we are discussing tonight will have the same implications if we cannot amend it. I do not say this with any arrogance, but those of us who opposed the PPP were proved absolutely right, and I believe that we will be proved right about this Bill if it is allowed to go through unamended.”
“I come at this objectively, without any party political motivation. I am sure that the hon. Member for Harrow East and the right hon. Member for Cities of London and Westminster will remember when the last Government imposed the public-private partnership on London, the GLA and the then Mayor. At that point, a few of us in this House warned that it would put at risk the future of London Transport if it was forced on it, and it nearly did. This Bill has the same dangerous implications. I remember the debates on the PPP, and I think I was the first Member of Parliament to raise those concerns in the House. I urged new Labour, as it then was, to pull back. The then Mayor of London, Ken Livingstone, sought to ensure that the PPP would not be imposed. I have tabled new clause 1 to try to ensure that we do not go down the same route.”
“I agree. It was with some sadness that I listened to the representations of the opponents of the Bill when they presented their petitions to the Opposed Private Bill Committee and, more importantly, when they held an open meeting in this House to explain the consequences of the scheme for their homes, their businesses and their environment. It was a scandal. The problem is exactly as has been described, which is why new clause 1 is so crucial and why we have tabled amendments to the scheme. As Transport for London said in its letter to the general secretary of the RMT, Mick Cash, if this legislation had been in place this vehicle would have been used for that scheme. This vehicle, under this legislation, would have been more precarious than even the existing arrangements under the Earls Court scheme.”
“I absolutely concur, and I do not need to labour the point. All I can say to the hon. Member for Harrow East, with whom we have worked over the years on a range of issues in the interests of London, is that if this Bill goes through without my new clause 1 and the subsequent set of amendments, it will make the PPP look like an accounting blip. The Bill is extremely dangerous. In addition to the financial risks involved in what some have described as a speculator’s charter, we face another potential loss. The mortgaging and development of sites could, in some cases, result in a loss of assets, particularly the land sites essential or invaluable to the future development of the improvement of London’s transport network and services.”
“It is because people have not woken up to the consequences of this Bill yet. Unless someone has gone through the experience that my hon. Friend the Member for Hammersmith (Mr Slaughter) has in Earls Court and seen the consequences, people do not fully understand this. The Bill is short—”
“People cannot help but introduce a bit of knockabout in all of this. I have not intervened in the mayoral election yet; I have not made any comment about any candidate so far—”
“Let me abide by parliamentary convention, Madam Deputy Speaker. I understand the point being made, but if someone is to be referred to in the House, it is best to inform them in advance. Let us abide by that convention tonight. I wish to make it very clear that I am not intervening in the mayoral elections, full stop, other than to pass a few comments on issues such as the one before us. Let me get back to the amendments and the new clause. I want to emphasise not just the financial risk but the potential loss of sites for the use of our future transport system. That is one of the main points made in the RMT’s representation to the Opposed Private Bill Committee.”
“It requires Transport for London to publish a list of non-operational assets that it holds—I will come back to the definition of non-operational because it is a slippery one that could be used in many forms in the future if we do not tie it down very tightly—or that are in the hands of a subsidiary, which it regards as eligible for development, and to band them by value.”
“In the context of the potential enormity of the scale of charging on TfL subsidiary assets—that is, the mortgaging of these assets—and the extent of the partnerships, limited or otherwise, it is important that Transport for London and, indeed, the Mayor are absolutely open about their intentions to enter into ventures for the development of these assets. That was clearly put to us time and again by the petitioners and others. New clause 1 contains a come-clean list and tries to ensure that people are fully informed of the Mayor’s intentions.”
“If this Bill goes through unamended, it will not just create enormous financial risk but put at risk the long-term development of our transport infrastructure and reduce the flexibility of Transport for London to improve services in the long term. Let me turn now to the detail of the individual clauses. I wish to indicate now that, at some stage, I would like to press new clause 1 to a vote. I know that my hon. Friend the Member for Islington North is concerned about a whole batch of amendments, and I believe that the House should also take a view on amendment 29.”
“I am very, very grateful for that protection, Madam Deputy Speaker. Let me make my final general point about this group of amendments, because the next group contains some technical details in which we will need to involve ourselves. Decisions made by Transport for London may, if this Bill is enacted, result in sites being lost to private developers that could, at a later stage, be judged essential for future transport improvements. That is the view expressed to me by people working on the front line at London transport—I am talking about RMT and other union representatives. The cost of retrieving those sites, even through compulsory purchase powers and arrangements, would then fall on the fare payers, the council tax payers, London businesses and, eventually, the general taxpayers.”
“Somewhere deep in the heart of TfL’s offices, there will be a list. It is not a list that has been published in this form. Individual community groups, passenger groups and trade unions have been pressing for a clear list showing TfL’s intentions for those sites.”
“I urge Members to obtain a copy of Transport for London’s annual report and statement of accounts, to look at them and some of the documents linked to them and to identify in them a list of TfL’s assets. I have tried it. When some of the assets have been identified, we need to link the individual assets to the Mayor of London’s strategy and plan, going down from the macro policy to the micro level, to find out what will happen to a site in our constituency, but that is impossible. That is why I tabled the new clause. We just need openness and transparency.”
“Part of the problem arising from Earls Court and some of the other discussions is that some people did not even know who owned some of the site and the Mayor and Transport for London were never completely open about their intentions. The new clause will ensure that we know who owns the sites and what sites TfL has, and will also ensure that TfL comes clean about what it intends to do with those sites, whether it be development with a partner, selling the site off or using it to borrow money, as specified under the Bill, to indemnify itself against costs.”
“I want Transport for London to be completely open and transparent and publish a list of the properties and assets it holds and that its subsidiaries hold which it considers eligible for future development, banding them by value so that we can assess the individual values of the properties and the potential borrowing against them. The new clause requires TfL to undertake this exercise every year, because the intentions of TfL and the Mayor will change. It is therefore important that the asset list is updated as well as the list of plans associated with those assets. Each year, the new clause will insist that Transport for London must inform Londoners of the non-operational assets it holds as well as those that are under consideration for development in which action leading to development is under way or planned in the next 12 months.”
“That is a valid point, but I do not want in any way to insinuate anything about the intentions of the Mayor of London, TfL and so on. Our fear is about the unintended consequences. The fear that I and some others expressed on Second Reading concerned the inability in some instances—this might have happened with Earls Court—of Transport for London officers and those directing them to negotiate effectively with people who are ruthless in the development of sites and the maximisation of their profits from those sites. That brings me back to new clause 1.”
“Okay, let us have that argument. The reason I specified 12 months is that I think it is a realistic timetable for concretising the plans that TfL and the Mayor have for a site, so that they are more focused on being absolutely clear about what is imminent. I agree that it would be good to have a longer-term plan, but I think that 12 months is more realistic, given that the Mayor has a five-year period in office.”
“I understand my hon. Friend’s point, but I am trying to be as realistic as possible about the burdens we place on Transport for London and the Mayor. I say to the hon. Member for Harrow East that it is worth looking at the Lillie Bridge site, and speaking with some of the workers there, to see how it is being degraded over time, which I think is with a view to selling it off and bartering with a developer.”
“I understand my hon. Friend’s argument, and I do not want to fall out with him—it is a good job that I did not announce my candidature, because I would have expected him to nominate me—but I am just trying to be as realistic as possible. He makes a valid point: there has to be some display of Transport for London’s medium and longer-term intentions for individual sites.”
“853.] So the purpose behind the Bill is to ensure that TfL raises another income stream to compensate for the Government’s cut in grant. We need to examine the scale of the grant cut, which will be reflected in the potential scale of the use of the asset base. That is another reason why it is crucial that we get a definition and a list of TfL’s asset base on a value banded basis, as set out in new clause 1. I worry about the scale of income that TfL is looking to deliver from its asset base in proportion to the loss of grant.”
“The purpose of clauses 4, 5 and 6, we are told by the Bill’s promoters, is to enable the Mayor and Transport for London to enter into deals with private sector partners. These are development companies, and the aim is to develop TfL’s or its subsidiaries’ sites to secure a revenue stream to compensate for the 25% cut in Government grant to Transport for London and eventually for the complete loss of all central Government grant. How do we know that? It was raised on Second Reading and we sought confirmation from the Minister, who said: “The outcome of the 2013 spending review was a 25% cut in TfL’s operational funding from central Government, and we have been clear that the Government’s aim is to reduce TfL’s operational funding over time to zero.” —[ Official Report , 9 September 2014; Vol. 585, c.”
“Credibility is sinking in this House. I will not rise to that comment, Madam Deputy Speaker. I hope that the Bill does not go through tonight, so that we can address the amendments we have tabled. That will give us the opportunity to look at the new clause and see—let me put it this way, in order to be helpful—whether we can ensure that information is provided by Transport for London and the Mayor on both a short-term assessment of the use of a planned asset or site and a medium-term option within at least the lifetime of a mayoralty. I think that might be a useful compromise—I do not want to be accused of going soft on these issues. I raise that point with the hon. Member for Harrow East because I think it is important.”
“For 2013 the total amount of grant aid from central Government, excluding Crossrail, for general and capital grants was £3.2 billion. On page 140 of the annual report and accounts for 2013-14, table 9 shows the entitlement of grant income which identifies the non-ring-fenced grant from the Department for Transport to Transport for London, which is £632.8 million. Non-ring-fenced grant to fund capital from the Department for Transport is £1,578.4 million. So when the Minister talks about reducing the Department for Transport grant to Transport for London to zero, the magnitude of the sum that the Mayor and Transport for London want to raise from these deals with private developers or to borrow against these assets becomes clear. It is staggering. It is enormous—”
“I disagree. I agree about the importance of new clause 1 requiring a list of assets, but I inserted the identification of their value by band because I am worried about the scale of the overall risk if, for example, as in the Bill, all or any of these assets can be used against borrowing—can be charged or mortgaged to secure borrowing. The scale of that risk is enormous. If we look at the scale of the loss of grant, which is the funding gap that Transport for London and the Mayor are trying to deal with, that will give us an idea of the scale of the use of TfL’s assets for borrowing purposes and development deal purposes, and the risk that Londoners could then face. It is enormous. I have looked at Transport for London’s annual report and accounts. They are not easy reading.”
“Thank you, Madam Deputy Speaker. Because Transport for London is using sites to enter into a relationship with developers from which it can get an income stream, and linking that to a mortgage to cover borrowing as well, the two activities are integrally linked. I understand what Madam Deputy Speaker is saying and I will try to separate my remarks about them, but that is difficult because the same clauses cover both.”
“We had cross-party agreement that that was the way in which we would go forward. It was not on the basis of mortgaging the individual assets and going into a link-up with a private developer, and it was certainly not about the development of sites to give revenue income in that way. The point of new clause 1 is that I do not object in principle to going into some forms of partnership for the development of a site that will secure a valid revenue income. The issue is exactly as the hon. Member for Bradford West (George Galloway) said—it must be open, transparent and agreed with the local community, London boroughs and all the other stakeholders: the passenger representatives, the trade unions on behalf of their members, and so on. It has to be a way of going forward together and that is not happening.”
“Let me focus on the issue that Madam Deputy Speaker raised. TfL is trying to bridge a gap as a result of loss of Government grant. We will come on to the borrowing issues on the second group of amendments. One of the methods, as in Earls Court, is to enter into deals with private developers to secure some form of revenue income from the asset that is then developed. I understand all that. I was chair of finance on the Greater London council. At 29 I was responsible for a £3 billion budget. What we did was exactly that. We had a capital fund that was agreed on a cross-party basis, secured against the assets of London overall. That is not a risk. We had the assets, we could go to the City and borrow from the City. We would put it into a pool. I think the system was established by a Conservative administration and inherited by a Labour one.”
“I recall that that legislation operated almost on the basis of giving first refusal to another public body—often another local authority. Then, if the land was genuinely surplus to requirements, it would be offered for sale, or, in some instances, there were joint initiatives. I remember the GLC working with the London boroughs on that basis.”