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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“Is not the long-term strategic question: why have we come to a point where we have no recourse to sufficiently viable and cheap technology of our own, or from any of our allies? Should we not have been developing that for the last 20 years? [ Interruption. ] A lot happened under the last Labour Government, if I may say so—Huawei got into BT under the last Labour Government. What are the Government going to do now to reverse the trend of technological dependency on China, which is not an ally of ours in upholding western values and western democratic institutions?”
“My right hon. Friend might know that I am a vice-president of Combat Stress, the charity for the mental welfare of our armed servicemen and veterans. Until recently it had a very tiny contract compared to the vast sums he has just announced—£3.1 million a year—and was treating some 250 patients a year with PTSD and other mental illnesses related to combat stress. Combat Stress is now having to discontinue taking referrals because the contract has come to an end. What prospect is there that there will be a new contract as soon as possible so Combat Stress can carry on its brilliant work?”
“I am the first to acknowledge that the hasty publication of the original European Union (Withdrawal) Bill, including clause 11, left a scar because of the lack of consultation, but the Sewel convention remains on the statute book. It is not being deleted. We do not repeat everything important in every Act simply to re-emphasise it. That is a kind of virtue signalling that it is not necessary to include in this legislation.”
“I appreciate why some might take a different view because they have an agenda—which I completely respect, I really do—but this is not the time, in this Bill, to start fomenting those particular issues.”
“Some are arguing that the repeal of the European Communities Act 1972 means that there is an implied power grab from the devolved Assemblies and that these matters are not automatically being transferred back to the Assemblies. However, these are powers that the devolved Assemblies never held. In fact, the EU has the power to make international agreements that grab more power from the devolved Assemblies without any consultation whatever, so what we have is an improvement in the situation. I understand why these matters become inflamed, but we should try not to inflame the division that exists between us on other matters by using this issue. That is not going to improve the harmony of the relations between this Parliament and the devolved Parliaments, or between this Government—any Government—in Westminster and the devolved Governments.”
“The devolution question has been running ever since the publication of the European Union (Withdrawal) Bill in the summer of 2016—or 2017, I cannot remember—and there has been an erosion of trust. I plead for us to try to rebuild that trust between the different bits of the United Kingdom, because they will have to exist even if at some distant future date Scotland becomes an independent country. The question is: how are we going to rub along together? I want to add a particular point about the supremacy of EU law. There is no power grab in any of this. The powers that are being held by the United Kingdom Government are simply the powers that were being held by the European Union since the inception of devolution.”
“This inquiry is not about finding blame; it is about finding causes and rectifying the situation. In this case, the problems that have been created regarding the wider building stock and liability are no fault of property owners, tenants or leaseholders, and that leaves a liability that falls on the Government, at least to a degree. Otherwise, there will be widening injustice, bankruptcy and failures across a whole sector of housing, because we are trying to remediate the failure of regulation in the past.”
“On a point of order, Mr Speaker. I apologise for raising a complicated matter, but I hope that you have been given warning that this might be raised. It concerns the election tomorrow of a Deputy Chairman of Ways and Means and the other Deputy Speakers. There is a deal of confusion about how the voting system works. It is extremely complicated, because we are electing three posts, but with restrictions. There must be one woman. There must be one Member of the Opposition and two must come from the Government side, and one will be Chairman of Ways and Means. Can you clarify, therefore, that a voter’s first preferences may be counted even if that voter’s first preference choice is elected, which may affect the outcome of the election of the Chairman of Ways and Means?”
“Now we have a mandate and a majority to address all these matters, we need a careful and consensual approach so that we do not make the mistake of previous changes, like the Fixed-term Parliaments Act. That Act was a rather grubby deal to try to cement the coalition into office, and it had all sorts of unintended consequences. We must legislate on the constitution very carefully to avoid making such mistakes in future.”
“I am just as interested in the proposals in this Queen’s Speech for a constitution, democracy and rights commission, which will have a large agenda after a period of constitutional strain in which so many of the norms and conventions of our constitutional settlement were just simply thrown aside in the battle over Brexit. The Select Committee on Public Administration and Constitutional Affairs, which I chaired before the election, has looked at electoral law, the Fixed-term Parliaments Act 2011, the role of the Electoral Commission—maybe we should look more at that role—constituency boundaries, the royal prerogative and the Supreme Court judgment, alongside the nature of our civil service. I am pleased the Prime Minister is considering how the effectiveness of Whitehall can be improved.”
“There has been much speculation about the European Research Group, which I do emphasise is primarily a research group, and about whether we should rename ourselves the “manifesto support group” because we are not at loggerheads with the Prime Minister. We are not holding him to ransom. We supported his deal before the election. It was remainers who were trying to destroy his Government before the election, and they will now hopefully lay down their arms and sue for peace, because this has been resolved. That is what our voters expect.”
“The nightmare possibility of a continuing state of paralysis encouraged people to vote tactically and make a judgment about how they wanted the political deadlock to be broken. They did not want it to be left to a lot of politicians on lists filling smoke-filled rooms and stitching things up for themselves. It was not just that period of government that was unpopular, because the coalition between 2010 and 2015 turned out not to be very popular in the end. I welcome the Gracious Speech. The withdrawal agreement represents a compromise Brexit, which we now all must live with, and all can do so because it is a good compromise.”
“There has never been a Labour Government that did not leave office with a higher rate of unemployment than they inherited from their Conservative predecessors. That is a fact, and people remember that. The election reflected the fact that common sense prevailed over the temptation to allow extravagance that the nation could not afford and over a continuation of the institution-breaking paralysis that a hung Parliament had inflicted on the Government at this particular juncture in our history. This election result is a defeat for the idea that we should somehow move to a more proportional voting system. The advantage of our voting system is that it distils a decision so that hung Parliaments are rare. This election demonstrated that the nation does not like hung Parliaments. It likes decisive government.”
“In fact, poverty has generally declined under the Conservatives, and inequality tends to increase under Labour Governments, because they try to tax people too much and, in the end, the taxes fall on those least able to pay. This election result was not about those who made the biggest promises. If the party that won the election was always the one that made the biggest promises, we would never win an election. The fact is that some of the Labour party’s promises, as my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) was saying earlier, were irresponsible. They were not credible, and they looked cynical. Those kinds of promises do not work. People vote for a track record.”
“They are not in favour of protection for its own sake. They are not in favour of inflicting some kind of vengeance Brexit on the United Kingdom. They will want their exporters to benefit just as much as our exporters will benefit, and we are in a strong position to achieve that. In this election, people also voted for this rather mobile concept of “one nation”. Actually, one nation, as somebody recently reminded me, was a term coined not by Disraeli but by Baldwin. Disraeli talked about the two nations—the rich and the poor—but Baldwin fused it into a political philosophy about forging one nation, so that the divide does not exist. My right hon. Friend was right to emphasise that that has always been the role of successful Conservative Governments.”
“It is quite extraordinary that a narrative is developing that we will somehow leave without a deal in a year’s time. We might leave without a free trade agreement, and the Prime Minister has made it absolutely clear that we are leaving at the end of 2020 come what may, but that puts us in a far stronger negotiating position than we would be in if our hands were still being cuffed by a House of Commons determined to inflict defeat on the Government at any cost and to subvert the referendum result and the election result. We are now in a position to negotiate more effectively than we have ever negotiated before and, with the experience of the previous negotiation, is it not apparent that there has been a sea change in the attitude of the other members of the European Union? They want to get this done. They are not against free trade.”
“We will find our way out of the European Union probably in a manner that most people in this country will not even notice in terms of immediate policy effects, but they will understand that they voted for us to be a self-governing nation. The election converted the direct mandate of the 2016 vote to leave into a clear representative mandate, and that was always going to have to happen, because direct democracy does not sit comfortably in our system of representative government. This election represented that transition: not just to leave the EU in principle, but a mandate to deliver the deal negotiated by my right hon. Friend the Prime Minister. The election decided how we are going to leave the EU, as set out in our manifesto. Incidentally, we are leaving with a deal.”
“I still hear among many of the comments a reluctance, perhaps, from the Opposition parties to accept this, but the election result represents a substantial consolidation of what was decided in the referendum. Incidentally, the effect of leaving the European Union will be far less about economic and social matters. It is far more significant in terms of its political and constitutional intent. It is about the intent of the British people and a signal of our national determination to be a self-confident country, to take control of our own affairs, to make our own laws, and to navigate our own way in the world, as the sixth largest economy in the world is perfectly capable of doing. Yes, there will be problems of transition, but most countries are not in the EU and they are absolutely fine.”
“He humbly accepted the responsibility, and his comments were far from the triumphalism that he might have indulged in and that, in fact, is not part of his character. There has been much speculation about the long-term significance of this result. Is 2019 going to be like a 1945, 1979 or 1997 watershed? It is far too soon to be certain about that, but it is rightly the Government’s ambition to make it a watershed by changing the nature of the Conservative party, with its new intake and the new constituencies that we represent, ensuring that we deliver in constituencies that have not been represented by the Conservative party for a very long time, if ever. It is certain, however, that this is a watershed moment in our relationship with the European Union.”
“I could not find the result as I listened to the closing remarks of the hon. Member for Kingston upon Hull East (Karl Turner), but I think the Brexit Party received substantially more votes than the margin of his majority—do correct me if I am wrong—so he was saved, if you like, by a split in the Brexit vote. I hope that he will reflect on how little his voters respected the Labour party’s position on Brexit. Mr Deputy Speaker, I congratulate you on your sudden elevation, and may I also congratulate Mr Speaker on his election? I also congratulate the Prime Minister not just on achieving a stunning outturn to a difficult election, but on striking such a sensible and moderate tone at the moment of victory.”
“A variety of opinions came from the various professional bodies around the table and, actually, some of us persuaded the Secretary of State for Health and Social Care that he should make himself accountable. We then got an interim people plan for NHS England that was extraordinarily thin on numbers and analysis, so I welcome the breakthrough into numbers that appeared in our manifesto. I am a little sceptical about how easy it will be to achieve 50,000 more nurses, and I immediately pressed the Secretary of State to explain exactly what 50,000 more nurses means and how it will be achieved. That is yet to be fleshed out in hard policy detail, but we have set ourselves the challenge and we have to deliver it.”
“There has always been cynicism about politics, but never about Parliament as an institution. The public were becoming very jaundiced about Parliament as an institution, and this majority Government is an opportunity for all sides to recognise what the rules are and to make this place work for the benefit of our constituents, whether we are in opposition or in government. I also welcome the emphasis on the national health service in Her Majesty’s Gracious Speech. I was at a roundtable at Conservative conference a couple of years ago to discuss the staffing crisis in the NHS—this was before the staffing crisis had moved up the political agenda—and I asked who is accountable for workforce planning in the NHS.”
“I certainly do. On Second Reading of the Parliamentary Constituencies (Amendment) Bill, the private Member’s Bill introduced in the last Parliament, I spoke in favour of the compromise that seemed to be emerging for a variation of 7.5% instead of 5%, so as not to corral constituencies into artificial shapes, and for 650 seats instead of 600. Overwhelmingly, the objective should be to re-establish consensus on boundaries through the usual channels. Boundaries should not have become a politicised issue. We could not get any boundary changes through because it had been politicised—another clumsy mistake by the coalition Government. We have to recognise that this cavalier fiddling with the constitution and this period of paralysis have left the public with much less confidence in our political institutions.”
“I hope the Gracious Speech will contribute to addressing that, but it depends on our attitudes and our behaviour with each other. I hope we move past previous animosities and rediscover some of the consensus that makes this place work. I look forward to working with colleagues on both sides of the House to that end.”
“The Bill would introduce a new healthcare investigations body to establish the causes of clinical incidents in the NHS without blame by using a safe space so that people can speak freely without fear of prosecution or attack, in the same manner as the air accidents investigation branch of the Department for Transport. An independent body is required, and it requires legislation. The Public Administration and Constitutional Affairs Committee, which I chaired, made that proposal, which the Government accepted. I chaired a pre-legislative Committee in the last Parliament, and we have the draft legislation we want. All we are waiting for is for the Government to introduce the Bill, and I hope it comes quickly. Our greatest challenge in this Parliament is to restore faith in our House of Commons, our Parliament and our democracy.”
“No, I promise that it is not made up, but it would be fair to say that a great deal of work needs to be delivered to make it happen, and it may well cost more than the Government expect. We have to deliver it, and I hope the hon. Gentleman supports the objective, even if he criticises how it will be achieved. Although the Health Service Safety Investigations Bill, which had its Second Reading in the House of Lords at the end of the previous Parliament, was not specifically mentioned in the Gracious Speech, I have had it confirmed that the Bill is in the Government’s programme for a later date.”
“The fact is that nobody in Scotland can possibly have voted without the knowledge that the Government of the United Kingdom were not going to agree to a referendum, so they could vote for whichever protest party they liked in the full knowledge that the hon. Gentleman’s promise would not be delivered in any case. Also, as was pointed out earlier, the SNP got fewer seats than it got in 2015. Why this result is regarded as a great triumph when the SNP has been going backwards, I do not know.”
“I thank my right hon. Friend for coming to the House to make this statement, because it demonstrates how seriously the Government take this matter. Will she spare a thought for the Border Force officers in Harwich, which I represent, who will be haunted by the possibility of a similar tragedy passing through their care? I am confident that they have sufficient capability, on an intelligence-led basis, to make checks, but they cannot check every single container. Will she also bear in mind the fact that when I have alerted the Essex police and the Essex Border Force to activity on the Essex coast reported by constituents they have always been very swift to respond, and indeed have closed down one operation very effectively already?”
“Can I just enjoy a little gloat? I am one of the few Members of this House who actually voted against the Fixed-term Parliaments Act and warned my then colleagues that many would rue the day they put this piece of legislation on the statute book. Does not the fact that my right hon. Friend is now telling us that the Government are going to introduce a Bill to allow a simple majority to cause a general election rather point the direction in which the Fixed-term Parliaments Act should perhaps be going in future?”
“I welcome the tone of these exchanges, which seem to me very calm and very sensible and do recognise the concerns being expressed from Northern Ireland. I suggest that we need to separate two things—the symbolism of a process of compliance required between Northern Ireland and the rest of the United Kingdom, and the substance of the effect of that policy. It seems to me that all the questions are about the substance of compliance and that those are fears that possibly can be assuaged, and that we should seek to assuage, while recognising that there will still be deep concerns in the loyalist community in Northern Ireland about having any kind of agreement that requires that compliance.”
“May I invite my right hon. Friend to urge the Prime Minister to bring forward a motion under the Fixed-term Parliaments Act 2011 for a general election? Not only is it usual, if the Government cannot obtain their business, for Parliament to be dissolved and to let the people decide on the matter, but this would allow those who profess their faith and belief in representative democracy to demonstrate it, or to demonstrate that they do not actually believe in representative democracy at all.”
“I thank my right hon. Friend for his statement, and may I just remind him that people in this House are blocking Brexit in the name of the sovereignty of Parliament, but whose is this sovereignty? What sovereignty do we hold that does not come from the British people? And should the British people not now be allowed to decide who represents them in this House?”
“I hope very much to address the Health Service Safety Investigations Bill in my remarks later, but my right hon. Friend did not include one important element among the characteristics of the investigations, which is that they are to find the causes of clinical incidents without blame. It is not about satisfying a complaint; it is about finding without blame so that we can talk about things that have gone wrong without blaming people. It is about understanding the clinical, human factors that lead people to make perfectly understandable mistakes.”
“The Joint Committee considered the legislation last week, and the Select Committee produced another report in August 2018, “Draft Health Service Safety Investigations Bill: A new capability for investigating patient safety incidents.” I look forward to its being one of the Government’s most important achievements when they set up this body under statutory authority.”
“The fundamental conclusion we published was that there is “a need for a new, permanent, simplified, functioning, trusted system for swift and effective local clinical incident investigation conducted by trained staff, so that facts and evidence are established early, without the need to find blame, and regardless of whether a complaint has been raised.” With the Bill that the Government introduced in the House of Lords last week, we are now progressing towards legislation for a safe space, so that the conversations can happen, without fear of litigation, through a properly independent body that is not a regulator, is not part of the political apparatus and is not beholden to the spending and politics of the NHS, much like safety bodies in other industries such as the air accidents investigation branch.”
“In a context of the then Secretary of State telling us there were 12,000 avoidable hospital deaths, 10,000 serious incidents, 338 “never” incidents and 170,000 written complaints about healthcare in the NHS every year, and with the NHS Litigation Authority reporting a potential liability for clinical negligence of £26 billion—the figure today is much larger—we were determined to find a better way to investigate clinical incidents so that there could be learning and no blame.”
“People such as Martin Bromiley, whose wife died on the operating table in 2005 and who set up the Clinical Human Factors Group, inspired me, as did papers by people such as Carl Macrae and Charles Vincent—they published a paper in the Journal of the Royal S oci ety of Medicine in 2014, called “Learning from failure: the need for independent safety investigation in healthcare”—and that led my Committee to establishing our inquiry.”
“I want to concentrate on the Health Service Safety Investigations Bill, which originates from a report that my Committee—the Public Administration and Constitutional Affairs Committee—produced in 2015. We were dealing with the aftermath of all the problems of Mid Staffordshire, with 80% of the complaints coming through from the Parliamentary and Health Service Ombudsman, in an atmosphere where we were asking how complaints could be better handled and how incidents could be better investigated.”
“It is looking strategically at things such as GP capacity—for example, we need a new surgery on Mersea island—and at providing more services locally, such as at the Fryatt Hospital in Harwich, where we are maintaining and developing the excellent minor injuries unit and developing local access to other satellite services that would otherwise have to be at Colchester General Hospital. All this underlines the importance of leadership, and I do hope the Secretary of State and his Ministers will continue emphasising the importance of leadership and staff engagement. I have to say to the colleague who served with me on the Joint Committee, the hon. Member for Central Ayrshire (Dr Whitford), that all this is much harder to achieve in Essex on 40% less funding per head than is available to the NHS in Scotland.”
“I join the hon. Member for Totnes (Dr Wollaston) on that last point. We pay tribute to all those who are serving in the NHS and our emergency services. In particular, if I may, I pay tribute to those serving in North East Essex. Recent years have seen a significant turnaround in the health service in my constituency. Colchester General Hospital was for years in some considerable difficulties, but it is now commanding the confidence of the Care Quality Commission. It has newly merged with Ipswich Hospital in the East Suffolk and North Essex NHS Foundation Trust. It exemplifies the importance of the inspirational and strong leadership that we have in Nick Hulme, who is the chief executive of that trust. I also commend the strategic transformation plan, which was greeted with great suspicion when such plans were first talked about.”
“It has been one of your mantras that the House should be permitted to express its view, even when it comes to changing the meaning of Standing Orders, and yet you have denied the House the opportunity to express its view on this matter. This motion that was never voted on on Saturday— [ Interruption. ]”
“Further to that point of order, Mr Speaker. I am most grateful to you for allowing me to speak. I rather imagine that if you did not enjoy being bombarded, you would not so much enjoy sitting in that Chair. I note that the dilemmas you face mean that, on occasion, you will sometimes have to please some and not others, but it is becoming remarkable how often you please one lot and not the other lot. You have also inveighed against most unusual things happening in this House that you did not like, and I would say that it is most unusual for a Speaker so often to have prevented the Government from debating the matters that the Government wished to put before the House.”
“This motion was never voted on, and it ceased to exist as soon as it was amended. I confess, Mr Speaker, that I am surprised that the reason my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) tabled his amendment has failed to enter your head. The reason was that there was an anxiety that the law was not going to be complied with and the letter would not be sent; so the circumstances have changed in that respect. May I just alert you and the House to the fact that my Committee—the Select Committee on Public Administration and Constitutional Affairs—will be holding a hearing on the role of the Speaker, somewhat in the light of the experience of recent months?”
“I am most grateful to my right hon. Friend for giving way. This deal has hardly lacked scrutiny, given the number of times it has been voted on and debated in this House, although we now have an altered deal. May I just point out that the implementing legislation is simply that: it does not alter the substance of the agreement but merely implements the agreement in domestic law. We can do that very quickly and amend that Bill after ratification of the agreement if necessary, because it is only a piece of domestic implementing legislation. There is no case for delaying that legislation, and I am going to vote for the deal today, if I get the chance.”
“There is already a danger of these exchanges turning into a “holier than thou” competition. We should reflect on how much unhappiness and anxiety there is among Members of the House and that this is going to be expressed in various ways. People are going to use robust and emotive language to express their views, and that is entirely understandable. May I just make one request, Mr Speaker—that we no longer invoke the name of any person who has been a victim of attacks in order to try to make political points because— [ Interruption. ] Well, there we are. It is simply used as an opportunity to shame other Members of this House. I do not think any of the exchanges and mentions of Jo Cox yesterday were particularly fair on her family.”
“Clause 3(2) is very clear that the period of two days begins with “the end of the day on which the European Council’s decision is made.” We were told very clearly during proceedings on the change of date, after the two previous occasions when the Government accepted an extension, that we were merely implementing a decision that was already made and binding in European Union law. The right hon. Gentleman’s proposal depends on the European Union making a conditional offer that comes into force only if it chooses to make it conditional on subsequent approval by the House of Commons. He has no way of binding the European Union’s procedures by domestic legislation.”
“Article 50(3) of the treaty on European Union baldly states that we leave after two years “unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.” There is no obligation on the European Union to decide to make a conditional offer—it can decide—yet the Bill requires the Prime Minister, in those circumstances, to accept the terms that are on offer, and that is it. The Bill hands the decision back to the European Union, rather than to this House.”
“What kind of respect will this House gain by putting off decisions at the same time as avoiding a general election, which would make us accountable to our electors?”
“Yesterday, I spoke about the problem of us having created conflicting representative and direct mandates. The legitimacy of this House was unquestionably as a House of representatives, but we qualified that as we introduced the concept of referendums into our constitution. The representative mandate is unalterably qualified by the fact that we had a referendum and said that we would implement the result. However, this House has failed to implement that result. We therefore must ask ourselves: how is that going to be resolved? It will not be resolved by continuing to put off decisions, yet the Bill, which so many of the remain-supporting Members of this House are so pleased with, does no more than invite the European Union to put off its decisions. What is going to be gained by putting off decisions again?”
“I think every Member in this House respects the passion and bravery of the hon. Member for Brighton, Pavilion (Caroline Lucas), but will she at least recognise the irony that she is calling for the revitalisation of democracy at the same time as speaking against renewing the representative mandate of this House? I would invite the House to consider— [ Interruption. ] I am going to be very brief. The irony also extends to those crying for a people’s vote who will vote against the people having a vote about the future of this House. The British public have watched this House of Commons decline into almost a zombie Parliament—one that is incapable of deciding anything and is still dominated by remain thinking and remain attitudes even though the British people clearly voted leave in the referendum.”