Sir Bernard Jenkin
MP for Harwich and North Essex · Conservative · United Kingdom
“Despite long and historic disagreements between successive UK Governments and Israel, it has remained a steadfast ally in counter-terrorist efforts to keep our people safe in this country. We are now embarked, it seems, on a full diplomatic dispute with Israel and tit-for-tat expulsions of diplomats.”
“I would very much have liked to have discussed the medical devices questions arising from the Bill. The Minister made an incredibly short speech about that important matter. It is quite clear that these provisions are part of the covert dynamic alignment with the EU and the covert rejoin agenda being pursued by the Government.”
“I am as keen as anybody to get on with discussing the Health Bill, but this topic is too serious an opportunity to miss, given that the hon. Member for Leeds Central and Headingley (Alex Sobel) has raised such important issues. I really commend his speech and his initiative. Everybody should read it.”
“The Minister shakes her head, but she is yet to give a good reason as to why this measure is in the Bill. When we had an Adjournment debate in July with the then Minister for patient safety, the hon.”
“The chief executive of the CQC is wantonly conflicted in terms of looking after the safe space, so he cannot be the one left in charge of that function. The real point here is that we are missing the opportunity to save so much money. Governments keep having public inquiries.”
“I asked the Minister, in a letter I sent her after the debate in July, to give us the information on how much the transfer of all this would cost. Nothing has arrived. I never had a reply to the letter. Of course, the Government have changed the Minister and the new Minister for patient safety, the right hon.”
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“May I just point out to my right hon. Friend that whatever he agreed in the Joint Committee yesterday remains subject to the jurisdiction of the European Court of Justice under the disputes procedure? Moreover, whatever he agreed yesterday was agreed only because we had the clauses in the UKIM Bill that were threatening to block the ECJ’s jurisdiction. Does he agree that it is very important that we maintain the position that this House can at any time put blocks in front of the ECJ while this withdrawal agreement remains in force?”
“Will my right hon. Friend ensure that the Government point out to our European partners that under their own treaty there cannot be any kind of deliberate go-slow or disruption of UK exports to the continent, whether or not we have a free trade agreement, because under their own treaty they are obliged to pursue free and fair trade with their neighbours, and, under article 8(1), to pursue good neighbourliness? Both the UK and the European Union have also signed up to the trade facilitation agreement at the World Trade Organisation, which obliges us to ensure that trade flows and does not get blocked by people doing box-ticking exercises, which are basically unnecessary.”
“I was going to congratulate the right hon. Gentleman on endorsing the hereditary principle, which I did not know he was such a big supporter of. The real question I want to ask him is, what should a state do if it finds that its obligations under one treaty conflict with those under another treaty or its own constitutional law?”
“I was going to make exactly that point. Lord Judge, very respected as he is, basically conceded the principle that we might need notwithstanding provisions to overturn the provisions in the withdrawal agreement. We are not talking about the principle anymore; we are just talking about when it would be appropriate to introduce the provisions. They might as well be introduced now with the parliamentary safeguard that the Government have conceded.”
“It is always an enormous pleasure to follow the right hon. Member for Leeds Central (Hilary Benn). For decades, the EU was a train that we had to stay on, and now Brexit is a tiger that we have to get off. There is not time to re-engage in the old arguments about sovereignty, but it was very telling that he thought the importance of sovereignty was what a country chooses to do with it, not what it is imposed with. There is no international organisation of which we are a member in the world that is like the EU, which imposes its will on us through our own laws and courts; every other international body—such as the WTO, to which the right hon. Gentleman referred—is a voluntary association governed by international law, which is a completely different matter.”
“Also, what are the Government going to do to engage districts and their community volunteer hubs to help to persuade people to support those who must still isolate even if they have been vaccinated?”
“I congratulate my right hon. Friend on this moment and the Government on the news about the Pfizer vaccine, but please can we continue to have increased honesty about what we still do not know? We do not know how long the immunity will last, we do not even know whether people who have been vaccinated can still transmit the disease, and of course we do not know whether tier 2 restrictions will succeed in bringing the R rate down. Until we can answer those questions, we will continue to need maximum effort behind contact tracing and isolation of virus spreaders. Councils including Essex County Council need daily access to all the positive cases recorded by NHS Test and Trace immediately and without delay, so that they can make their own operations effective, so why are they having to wait 48 to 72 hours before they get the data?”
“I have to say that, although there are many points of merit in what the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) said, he has left the House and the public with the impression that he is happy for these restrictions to go through; he just will not vote for them. As for the idea that that is the kind of atmosphere the public want or that they will be encouraged to comply and co-operate when there is disagreement between the main parties on these fundamental issues that cannot be resolved in a sensible way, I think the public will be disappointed with that.”
“The Government have also the opportunity to learn by continuing to listen, and to gain public confidence from that.”
“In the meantime, the challenge is to ensure that we can move down the tiers, and not just go into tier 1 but remain in tier 1, even if it takes time for the vaccines to become effective and to be rolled out at scale. That will depend on how we all behave, the example that we set, and what we do to encourage confidence and co-operation with test and trace operations. There is much to ask the Government that time does not allow today—about how to improve trace and isolate operations, particularly at local level, and about how the community volunteer hubs could help support people who should isolate. That is vital work now. The last thing I want is to vote for these restrictions today, but until there are better options we have no alternative, and should support them. I am sorry that Her Majesty’s Opposition are trying to avoid that truth.”
“I understand the frustration of representing a low-virus constituency included in a tier 2 area, and the need to provide the right support to business that is being badly hit, but such frustrations are not about alternatives to the fundamentals of this policy, which I believe the Opposition are trying to avoid. The real question—it is also a legitimate question—is, will the tiers be enough? I hope that tier 2 will keep Essex below the R of 1, but there is doubt: tier 2 did not work before. We must look upon this period as a further period of transition to when vaccines begin to become available. We should look ahead at the challenges that the vaccine programmes will present, and give thought to how reassurance is provided that the vaccine that each person is invited to accept is right for that person.”
“Data for much of the country does not suggest that at the moment, but it is not uncommon for hospitals to become overrun during the winter months, even without the addition of covid. It is also reasonable for Government to anticipate that the rising rate of covid infections would lead to exactly that in some areas, or much worse, unless we can keep R around or below 1; and that is all that these measures can be expected to achieve. It is right to press the Government for more analysis of the economic impact of these measures, but maybe the Government were wrong to raise the expectation that they could provide that degree of certainty where so much uncertainty exists. Equally, it must be agreed that it is impossible to predict the economic consequences of a rapid spread of the virus.”
“I did not hear my right hon. Friend the Prime Minister make the promise that the hon. Gentleman is suggesting that he made. I think my right hon. Friend is being perfectly honest with the House on this. I think it is very difficult, and I will come to that point, but I want to concentrate on what we agree about. We all agree that we want to keep the R rate below 1, while minimising the restrictions on people’s lives and limiting the economic damage. If the R rate rises above 1, it becomes much too difficult to predict or control. It has a multiplier effect, even if it remains constant. It is perfectly legitimate for colleagues on the Conservative Benches to press the Government for more clarity about why the Government believe the NHS is at risk of being overwhelmed.”
“I entirely support the idea that we should bring on to the panel people who have juridical experience in the courts, and I commend my right hon. Friend and the Commission for appointing to the chair of this body an ex-High Court judge. That is exactly the kind of authority, independence and legitimacy that is required to give both those being scrutinised or disciplined in this process and those who are complaining through this process the confidence that it is being done properly.”
“I am here as a member of the Standards Committee, which has absolutely no jurisdiction over the adjudication of any ICGS case, but it certainly falls within the remit of the Standards Committee to keep a watching policy brief on how the ICGS develops and whether we want to inquire and report and make recommendations on the performance of the ICGS. I am sure we will, and indeed I think we will want to learn the positive lessons from the ICGS for our own code, which we are currently reviewing in our own inquiry.”
“The public are very confused, and have either no interest or no confidence in the systems, which overlap and conflict with each other, that we have created for the various roles that people adopt in this Parliament. We have a very big task—to reduce that confusion. There is, indeed, a lot of confusion amongst right hon. and hon. Members who do not understand how these things work. So there needs to be a much higher level of engagement and understanding and a simplification and clarification, and that is what we are working on now. I hope that we will learn from the work of the panel, and if the panel is a success, we may well learn some very positive lessons.”
“Personally, I will be looking at how the panel works, because our system for adjudicating our own code—the House of Commons code of conduct—is rather unsatisfactory, for the reason I have just described, and it may well be that the experience of this far more prestigious, objective and professional panel offers us a better way of adjudicating our own code. I reiterate that we are conducting our own inquiry into the revision of the code of conduct, which is long overdue and has been interrupted by several general elections in recent years. We are doing a comprehensive trawl of options and considering how our own code intersects with the ICGS, with the ministerial code and with the codes of political parties. Members of Parliament are subject to many codes.”
“What was evident, not just from the Cox report but from the conversations with many staff in the House service, and conversations amongst MPs, was that the people whose complaints were stifled and ignored for so many years were left with no faith in the ability of MPs to mark their own homework—our ability to adjudicate on ourselves. I have to tell the House that I find the cases that come before us about the breach of our own code extraordinarily difficult. It is the most testing and miserable task—to find myself having to make decisions about people I know, many of whom I know well and like.”
“I rise only briefly, as an observer rather than a participant. As I pointed out a minute ago, the Standards Committee has no role in this, though we were consulted about the shape of the final process that should adjudicate the appeal cases in the ICGS scheme and we took an interest in what the character of the panel should be. I am personally very pleased that it reflects the necessary juridical expertise for assessing evidence and balancing the arguments about what rules mean and how this should be properly and independently assessed. I think it is important for a member of the Standards Committee to convey to the House the disquiet of the Committee that this was taken out of our hands, but also for me to explain why I think that it was right, in the end, to take it out of our hands and why I voted for that.”
“I just misled the House. The hon. Member for Perth and North Perthshire (Pete Wishart) would not have to swear allegiance to the Crown; he would have the oath administered to him. So it is rather like having an injection; it is just given to you. Whether we like it or not, and whether we agree with it or not, the oath is just given to you. If the hon. Gentleman wants to be a Privy Counsellor, he would have to go through that process.”
“The scheme was put together very rapidly, because the House rightly wished to demonstrate to the wider public that we take allegations of bullying and harassment within the parliamentary community extremely seriously, and it was acknowledged at the time that the scheme would need revision in the light of experience and that there were gaps or lacunae in the scheme that needed to be filled. One of those gaps was the lack of any arrangement between this House and the other place as to how allegations against ex-Members of one House would be proceeded with if they became Members of the other House.”
“Thank you, Madam Deputy Speaker. I will just speak very briefly to this matter. The Chair of the Standards Committee sends his apologies. He has had to take a close relative to hospital today. I am standing in for him, although I take responsibility for my own words. The Standards Committee has co-operated constructively with its sister Committee, the Lords’ Conduct Committee, chaired by the noble Lord Mance, to develop an arrangement to address a loophole. As a member of the Committee on Standards, I support the motion to approve our Committee’s report. The report deals with what one might describe as an item of unfinished business arising from the House’s creation of the independent complaints and grievance scheme that we have just been discussing.”
“If that does not satisfy my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom), could she put on record why it does not do so? If an ex-MP who is now in the other place is found to have breached the behaviour code, this House will not be involved in sanctioning them. Instead, the House of Lords Commissioner for Standards will recommend a sanction and the Lords’ Conduct Committee would hear any appeal against that sanction. The full House of Lords would decide on imposing a serious sanction, such as suspension or expulsion, but the important point is that the investigation and the findings would be done under our system in this House, and the House of Lords has agreed to that.”
“I will certainly take back to the Committee what my right hon. Friend is saying, and if we need to make a further amendment to the arrangements, we should do so. As things stand, however, former MPs who are now in the other place cannot be investigated under the ICGS for behaviour that is alleged to have taken place while they were MPs. After our discussions with Lord Mance and the Lords’ Conduct Committee, and with the two Houses’ Commissioners also working closely together on this, the arrangement that we now propose is set out in an appendix to the Standards Committee report. It proposes that ex-MPs now in the other place should be investigated under the Commons procedures involving independent investigators, the Commissioner and, if necessary, the new independent expert panel that the House has just nominated.”
“Allegations against an ex-peer who might then be in the Commons would be investigated under the procedures of the other place, but any sanction would be carried out within this House. The Lords Conduct Committee has agreed a report in very similar terms to our own, and this has been approved in the other place. I urge this House to do likewise and approve these sensible arrangements, which are necessary to block off the lack of redress in our measures for tackling bullying, harassment and sexual misconduct by our Members and ex-Members.”
“That does not fall under our remit at all, but in recent cases that I can think of, an estoppel has been put on possible elevations to the other place of Members who are under suspicion or where there has been controversy. Obviously, if it was an entirely secret and non-disclosable allegation that had not found its way into the public sphere, we would need to check that there would be a procedure for that. However, that is a separate matter from whether a complaint is going to be investigated and adjudicated by the ICGS. We have also addressed the complementary problem. There are not many Members of the other place who choose to renounce their peerages and seek election to the House of Commons, but this can and does occasionally happen. The Committee therefore recommends that the new arrangements should be reciprocal.”
“May I report to the House through you, Mr Speaker, that the Liaison Committee met last week and discussed this matter at some length? Will my right hon. Friend respect how strongly many Chairs of Select Committees feel that a significant number of them are unable to carry out their constitutional function, because they cannot risk exposing themselves or their families to covid infection? It means that they are unable to speak to their own Committees’ reports during debates, to make statements to launch reports by their Committees, to lead debates on those reports or to speak on legislation that their Committees have scrutinised. Will my right hon. Friend please address that urgently?”
“NHS Test and Trace has grown from literally zero to being the size of Asda in little more than six months, and it would be difficult to imagine an organisation that has grown so quickly that would not be organisationally challenged. May I suggest that if the MOD has not been asked for headquarters capability, it should offer headquarters capability to NHS Test and Trace, as I am sure it would be welcomed with open arms?”
“My right hon. Friend’s strategy is, as he keeps reporting to the House, to “suppress the virus” until a vaccine can be deployed, but this is still beset by so many uncertainties. Who would have thought that mink in Denmark could throw a spanner into this situation? Is the tracing capability and the ability to get people to isolate not absolutely crucial? Who should we hold accountable for whether that is operationally effective as we come out of lockdown? I say that because this is the only time we have got to make this work, otherwise we will be in another lockdown.”
“If there was no unauthorised departure from the appointment process—this is a question not of rubber-stamping but of making sure that a proper appointment process has been followed, and that seems to be the case—for us just to say, “We don’t like the look of this particular person so we are not going to approve them” does not seem to me to be a respectable way to conduct the business of this House.”
“I very much regret it, but I do not think I can support my right hon. Friend on this particular matter, because I do not believe that being a member of a political party makes someone incapable of being impartial. Indeed, all the members of the Standards Committee who are Members of this House are members of political parties and we strive to be impartial, but my right hon. Friend has just indicated that we are not capable of doing that. Will he explain what he thinks was wrong with the appointment process that arrived at these two names?”
“Would that include transformation not just of the logistics of test, track and trace but of its leadership, so that it can run a coherent and viable campaign to change behaviour by consent and co-operation, and get compliance and public confidence in that programme? Finally, will my right hon. Friend publish more of the analysis and data behind the decisions he has had to take so that people can understand more clearly why the Government are making these decisions and there is more transparency and accountability?”
“May I thank the Prime Minister for the bitter medicine that he has had to deliver over the last two or three days? I assure him that I will support his measures, because nobody has put forward a viable immediate alternative that would avoid the overwhelming of the NHS, but what can he do to strengthen public confidence in the Government’s covid response? He has started today to set out some of the features of what might be called a plan for living with coronavirus—a combination of vaccines and testing, and tracking and tracing. Will he consider setting that out in a White Paper?”
“I thank my right hon. Friend for his response to the letter I sent on behalf of the Liaison Committee concerning what might change as tighter restrictions were applied. His letter arrived before the Government’s announcement. Is there anything in it that would change as a consequence of the announcement?”
“It is very analogue. It is very old-fashioned. There is an app— every country has an app—but an app is a tiny proportion of what people can achieve. People are not going to use an app if they think it just results in them being rung up by some stranger and told what to do. That is not working. Above all, NHS Test and Trace needs a single command structure and a single plan. However localised the delivery is, and I am very much in favour of using local authorities—the local authority pilots that have been carried out already have proved very much more successful in contacting a much higher proportion of people—every local authority should be so funded. However, we need a central headquarters, preferably run by a military capability that can bring this together and win this together.”
“We have had to achieve this very much more quickly, but that does not mean that we cannot adapt those experiences of very different societies to our own immediate future to make sure that we do a much better job. We need to carry on improving the data. The fact that Test and Trace is divided among four different directorates in four different locations, and that the data directorate has had three directors general in the past five or six months, does not suggest that there is much continuity or co-ordination across Test and Trace. We need to deliver a campaign to change behaviour on the street. This cannot be done from a spreadsheet in Whitehall. It cannot be done from remote call centres with unfamiliar telephone numbers. It can only be done with person-to-person human contact. Go and ask the Japanese how they are doing it.”
“The second is to expand the NHS to gargantuan proportions so that we can deal with as many people who get infected. We cannot afford to do that and we do not have the capacity to do it. The only solution is to try to manage the virus, perhaps with vaccines but certainly with test and trace. We have had six months to get test and trace to where it is. Let us celebrate the 500,000 tests a day and the huge organisation that has been established, but we should ask ourselves what needs to be done in order for us to have as effective testing and tracing as people have in Japan and in Korea. They had years of practising in the aftermath of SARS—severe acute respiratory syndrome.”
“The measures announced on Saturday are another reaction that has set the course for the next four weeks, but beyond that, the Government have not published any plan. I have been asking for some time for a plan called “Living with coronavirus”. There may be a single vaccine that gets us out in one go, but that is most unlikely to happen, so we will go on needing to manage the spread of the virus for many months and possibly even years. How are the Government going to do that? The Royal Society certainly does not expect an instant vaccine. There are basically three options facing this House. The first is to control the virus with more of these economically ruinous lockdowns. We all agree that that is not going to be acceptable, and we have heard frustration being expressed by some of my colleagues.”
“However, the politics of this country inevitably tends to revert to type, and we have seen a bit more of that in the House of Commons today with what we do best in here, which is to disagree with each other for the sake of disagreement. Somehow we have to try to rise above that in this crisis. The opposition to these measures on the Government Benches reflects declining public confidence in the Government’s covid response, and it is public confidence that the Government should, above all else, strive to address. So what needs to be done to strengthen public confidence? We heard quite a lot about that in the speech by my right hon. Friend the Member for South West Surrey (Jeremy Hunt). A lot of it is about having a plan, explaining a plan, and giving people hope that there is a plan.”
“If I may just respond to the hon. Member for Paisley and Renfrewshire North (Gavin Newlands), I do not feel that this House is ignoring Scotland; I feel that this House has voted for very large sums of extra money to be devoted to Scotland. But perhaps my Government need to be more mindful of the fact that these things can be so easily misconstrued in the heat of Scottish politics, and it is the responsibility of the Government to make sure that they are not so misconstrued. This crisis was incredibly unexpected, even though it took months to arrive, and almost every western Government was extraordinarily ill-prepared for it. There have been unprecedented challenges, inevitable mistakes, much experimentation, much learning and much wasted, but much achieved.”
“I congratulate my hon. Friend on a really interesting and readable, well-presented report, which should be the foundation of our thinking about a new and confident United Kingdom as we progress to our new independent status. I also commend him on emphasising how important delivery is. Strategy is not complete unless it reconciles ends, ways and means, which means that we need to consider what resources we are prepared to commit before we can decide what policies we should adopt. Can I ask him, in particular, to focus the attention of his Committee on the people? Our people are our greatest force multiplier: how will they be trained and developed, including developed for leadership roles in a way we perhaps have not thought about deeply for many years?”
“I thank my right hon. Friend for bringing forward this package, for listening and for acting in the interests of the economy. Is it not essential that we align the interests of business and the economy with the interests of controlling the virus, rather than let those become polar opposites in argument with each other? Can we perhaps draw back from some of the partisanship that has soured relations over the past few days, because that does not do any good for public confidence in how we are all tackling this very difficult and wearing crisis?”
“Most of the MPs in Essex have reluctantly felt the need to support the tier 2 measures that are now being applied, but we are very concerned about the effect of this on the hospitality sector, in particular. Is it not very important that we align the economic interests of our constituents with the public health interests instead of polarising the debate such that one is either in favour of the economy or in favour of controlling the virus? May I also emphasise that one of the reasons why public confidence in the Government’s strategy is somewhat in decline is that we have yet to see the transformation of the leadership of test and trace, which I have discussed with the Secretary of State many times?”
“Is my right hon. Friend aware that, although the case rate remains relatively low in Essex, the number of cases is doubling every 10 days? Is it not better to bring in decisive measures that will suppress the curve before it climbs, rather than wait until after, provided those measures are effective and there is economic support, particularly for the hospitality sector?”
“Nobody can possibly doubt my right hon. Friend’s utter commitment to doing his very best in these circumstances, or indeed the good will and hard work of his officials, but this is another incident that further undermines public confidence in the delivery of the Government’s covid response, and it is another example of where logistics and planning have let us down. Why cannot the Government learn from previous successes with the Nightingale hospitals and personal protective equipment? The military were brought in much more overtly to deal with the logistics, planning and delivery of those programmes, and they should be on test and trace as well.”
“The Prime Minister cannot lead his parliamentary party unless he has its consent, and therefore will find the act of governing very much more difficult and complicated if the consent of the party in office, among Members of Parliament, is not gathered together and led. I think the Prime Minister has gone to some lengths to bring back some consultation with the parliamentary party in recent weeks, but let there be some lessons learnt from the previous attitude that seemed to be coming from the team around the Prime Minister.”
“The Government have made something of a rod for their own back by heaping a certain amount of derision and contempt on what Parliament is for, what we can do and what we can contribute to this. I do not suggest for a moment that that comes from my right hon. Friend the Secretary of State, or even from the Prime Minister, but there are some people around the Prime Minister who do not seem to value what Parliament has to offer, and, indeed, what Parliament’s function should actually be. I do not believe at all that this is a Cromwellian Government who want to abolish Parliament, but there should be some lessons learned from this in that there is a fundamental principle in our politics that the Government cannot govern without the consent of the House of Commons. I would go further, on a slightly more party political point.”
“Yesterday, as Chair of the Liaison Committee, I signed a letter to the Prime Minister to focus the scrutiny of the various Select Committees on two issues: one was the need to galvanise test and trace, and the other was the need to improve the scrutiny of coronavirus measures that we are discussing today. The latter point reinforces the amendment tabled by my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady). I am grateful to the Government for at least making some gestures in the direction of better scrutiny. The Government have nothing to fear from scrutiny; good scrutiny improves government, as my hon. Friend said. I wish to make only one other point, apart from drawing attention to the role that the Liaison Committee can play in improving scrutiny.”
“At a time when we do not yet have the world-beating track and trace system or enough tests because of logistical problems, why are the Government excluding senior military commanders from key decision making and preventing them from bringing to bear their logistical capabilities?”
“The hon. Member says it is not the fault of the EU, but can we just remind ourselves that it was the United Kingdom Government who gave an absolutely cast-iron guarantee that we would put up no infrastructure on the border between north and south in Ireland? It was the EU that kept threatening to do that, even though alternative arrangements could be developed to obviate that need. I fail to understand why people just do not want to believe that, except that they want to blame the United Kingdom Government, not the EU.”