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.”
The complete record
Every one of 4,591 lines we hold for Sir Bernard Jenkin, in date order, each linked to its source. Free to read, in full, without an account. Page 48 of 92.
“It sounds as though I am being very hard on police leadership and saying that they are all very bad people. I have been taken to task by senior police officers and police and crime commissioners for being too outspoken on this matter, but I believe that we have an opportunity to release the energy pent up in the anger and frustration on this issue, and use it to ensure better policing and that we use our resources much better, instead of hiding information within the system and suspiciously looking up and down the command chain and fighting the authorities within the police. A genuine atmosphere of openness and co-operation would release energy and resources to serve the public better. Essex police is having a real root-and-branch think about how it applies the ethics code.”
“It took a long time—for me—for the penny to drop in respect of how wasteful it is for organisations to try to function without the necessary trust and integrity in relationships between the people working within them. On this business of misreporting crime, I cannot emphasise enough to the House that when all that was in the media, I walked around the Palace, my constituency and London and spoke with police officers. I asked them, “What do you think of police recorded crime? Have you heard about this?” Absolutely to a man and a woman, they would say, “Oh, we all knew that that was going on.” The cynicism with which they expressed their contempt for their command chain for allowing something to continue under its nose, month after month, year after year, because it was in its interest, cannot be overstated.”
“Friend the Home Secretary, she responded positively to this report. I am grateful to her and to my right hon. Friend the Minister for their responses. The Minister mentioned the force crime registrars. I reluctantly accept that the practicality of our recommendations in that respect could have been refined. I welcome his point on reporting; access to the chief constable is vital and the relevant people should be able to go directly to the chief constable when they are concerned. Their training is important, too. The Minister emphasised the obligation to report a crime, even if it is subsequently to be no-crimed. He does not question that that discretion has to exist. He talked a bit about the target-driven culture, but said this was a matter for operational independence.”
“At the level at which we conduct the survey, local information is completely meaningless, because the sample sizes locally are much too small. In that regard, we are entirely dependent on police recorded crime to tell us what is going on, which is why those are such important statistics. Again, I commend my right hon. Friend the Minister on his comprehensive reply to this debate. He emphasised that nobody has an interest in having inaccurate crime statistics. I recognise that, as do the police. He listed a number of actions being taken, including the responsibility of Ministers to clarify the respective roles, responsibilities and tasks—the various component parts of the system—in relation to producing crime figures. The Home Office is now taking much more responsibility for that, and laudably so. In my conversations with my right hon.”
“We do not talk about crime in terms of reassurance; we tend to highlight what is going wrong and mount campaigns to defeat crime, which just increases fear of crime. The hon. Gentleman raises an apposite point. I am grateful to the shadow Minister for speaking so comprehensively in support of this report. I am mindful of what he said about the crime survey for England and Wales. We had some evidence, but did not feel that we had enough to make comprehensive recommendations. The Committee may embark on another inquiry, although possibly in another Parliament, because we are running out of time in this one. There is an issue about how to keep the crime survey for England and Wales up to speed and, indeed, how to keep its sample large enough so that we can have regionally and locally specific information.”
“Member for Luton North (Kelvin Hopkins), whom I nearly call my hon. Friend because he sits on the Committee with me, emphasised rightly that we want a society in which we can live without fear of crime, and where we can send our children out to play in the streets without fear. I certainly had that kind of childhood, as he did. I suspect that most of our constituents can still give their children such a childhood, but the fear of crime drives people to be risk-averse and fearful. That is why police and crime commissioners should be setting targets on how to reassure their public that they live in safe neighbourhoods, safe counties and safe cities. Essex, for example, is one of the safest counties to live in, but on talking to people about crime, it is clear that they do not believe that.”
“Let us see how we can improve the institution, not just go back to what was there before—to anonymous, ineffective police committees that may have contained many worthy people, but people who did not have the profile, legitimacy or resource to carry out the function of local police accountability that we need them to carry out. I also thank my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan), who brought our attention to today’s ONS release about the crime figures, and to the difference between police recorded crime and the crime survey for England and Wales. That early pointer should perhaps have led to more action more quickly on this subject, because it indicated that police recorded crime was falling fasting than the survey suggested could be justified, and that should have been acted on sooner. The hon.”
“I welcome the right hon. Gentleman’s courage in breaking the rules, as all ex-Chief Whips do; they all finish up ignoring the injunctions of their own Whips. Police and crime commissioners or elected mayors have been agents of change in this debate; I have witnessed it myself. They are there as people to talk to who are directly accountable to their publics, albeit that the turnouts were lousy and the by-election was a fiasco. There is great opportunity to build for the future. I hope that the shadow Minister will reflect on the fact that we want more democracy and more accountability, not less.”
“I hope that we will continue to contribute to a positive debate on the improvement of policing in this country. Question put and agreed to.”
“Finally, the Minister mentioned the crime survey for England and Wales. We may return to that, although I might not be on the Committee in the next Parliament. I might not even be here; we always have to remember that. I very much welcome his emphasis on sexual crimes and credit card crimes, but we need to look at the new kinds of crime emerging in our modern, globalised, electronic society and how we deal with them. We need to ensure that they are picked up in a crime survey that is truly comprehensive. I am proud of the work that the Committee has done, and I am grateful for the support that members of the Committee have given me on this report and in all our work. I am also grateful to those who have contributed to the debate.”
“We have to understand that dealing with the English votes on English laws question is more difficult for the Labour party because it has a vested interest in the power of its Scottish MPs over English matters, but it is wrong to pretend that the delegation of powers and functions to local authorities, which are Crown bodies, is equivalent to legislative devolution to Scotland. That is what makes the English votes on English laws question altogether different from what the right hon. Gentleman has just been talking about.”
“Have we not seen SNP Members demonstrating in the House this afternoon that they are interested not in reaching solutions or long-standing agreements but in wrecking, in spoiling and in taking slight and injury in order to destabilise whatever settlement is agreed on here among the main parties?”
“I hope that we will build on the consensus.”
“I fully concur with the hon. Member for Sunderland Central (Julie Elliott) that since the referendum in the north-east of England, the issues facing that region have not been pursued with the urgency that she demands. She was the agent for the yes campaign in that referendum and I was the Conservative shadow Minister who set up North East Says No. I am sure she accepts that there really was no appetite for that extra layer of government. However, both our parties pay lip service to decentralising the necessary powers and functions to the existing tiers of local government, but both have failed to do so. Such decentralisation would somewhat reduce the sense of isolation from the Westminster system that many parts of England—and Scotland—feel. If we do not learn that lesson from the Scottish referendum, we are really missing the point.”
“This scrappy, partisan debate is exactly the kind of thing that reflects badly on Westminster politics throughout the United Kingdom, and that was cleverly exploited by the yes campaign in Scotland. We should concede that to the Scottish National party representatives here today. We should also concede to them that the vow, however well intentioned it might have been, is in fact a bit of a muddle. It is indecipherable, and I do not think it made any difference to the result. It was ham-fisted. However, I congratulate the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) and my right hon. Friend the Prime Minister on the passion that they brought to the debate.”
“I totally agree with that. I will come back to the question of English votes for English laws later. I was overcome with relief at the outcome of the Scottish referendum. Both my parents were born in Edinburgh and half my family lives there—I say directly to the Scottish people: you are my kith and kin—and it would have broken my heart if we had found ourselves in separate sovereign states. I am heartily glad that Scotland voted no. However, it was a much closer vote than the Prime Minister intended when he first suggested that the referendum should take place, and we need to learn lessons from that. Given the nature of this debate, I wonder whether we are learning any lessons.”
“Secondly, the formula actually represents the opposite of “sharing our resources equitably across all four nations”. It cements in place an artificial bias in favour of funding in Scotland, which is no doubt why Scottish politicians campaign so vociferously in favour of it.”
“No, I think it was a panic reaction to a late poll. It was something that they were desperate to do. I believe that the very fact that it was a close poll was enough to turn people away from voting yes, because they suddenly realised that their vote might make a difference. Most pollsters would agree that that was the effect of the very close poll. The vow stated: “We agree that the UK exists to ensure opportunity and security for all by sharing our resources equitably across all four nations”. That is fine; I think we would all agree with that. Then, however, it goes on to reaffirm the Barnett formula. There are two things about the Barnett formula, the first of which is that if Scotland is to raise more of its own resources, the formula will become a much less significant component of the allocation of resources.”
“I have no doubt that agreement will be reached, and I commend the SNP for being determined to bring its good will to the party in order to get an agreement, because that has to be our objective. However, as part of that agreement, there is now huge awareness across the United Kingdom of English votes on English laws.”
“It cannot be imposed by a system that we have inherited from a period when there was no devolution and no devolved tax-raising powers at all, so we need a new system. If we are going to learn from this referendum, it would be much more honest if we all agreed that, over time, we will need to move on from the Barnett formula. Let us deal with the question of what the promises mean. If we ever want evidence of the chaos in the no campaign, we need only see that, even after the referendum, we still have three separate proposals in this Command Paper for what is to be devolved, and an unseemly scrap between the Westminster parties over what should be devolved.”
“I have given way twice already; I do apologise. The House of Lords produced a very good report in 2009 which concluded “that the Barnett formula should no longer be used to determine annual increases in the block grant for the United Kingdom’s devolved administrations.” It stated: “A new system which allocates resources to the devolved administrations based on an explicit assessment of their relative needs should be introduced.” The question is: how are we going to get from A to B? Lord Strathclyde has recommended a convocation in which the four component parts of the Union should be represented on equal terms in a single body. The question of the fair allocation of resources among the four parts of the United Kingdom deserves to be discussed in such an impartial forum. This cannot be imposed by the Treasury.”
“Does my right hon. Friend agree that we ought to learn some lessons from this near-death experience of the United Kingdom and the fact that we did not intend the winning margin to be as narrow as 10%? Does he also agree that if we are to avoid another referendum, Westminster politics and Westminster politicians must raise the tone of debate with our Scottish counterparts in order to ensure that we develop more of a relationship of mutual respect, with less opportunity for the nationalists to make mischief?”
“Given that one of the principles of counter-insurgency is to deny the enemy a home base, is it not absolutely essential that we back the American efforts in Syria? Otherwise, we will never defeat ISIS in Iraq. For people to suggest that we cannot go to Syria is actually tying our hands behind our backs.”
“The responsibility for taking such a decision and for providing leadership on whether to take the country to war and commit our armed forces to military action goes with the seals of office as Prime Minister. The idea that that can be subcontracted to the House of Commons, where all the armchair generals—well, we do not sit in armchairs—and amateur strategists can add their pennyworth and then decide the issue, is a great mistake. We do not want to lose sight of the fact that the Government propose; the House of Commons disposes.”
“and learned Friend the Member for Rushcliffe (Mr Clarke), should describe the royal prerogative as some kind of out-of-date relic given that most of the powers that Ministers continue to exercise—including the power to go to war, whether or not there has been a vote in this House—are in fact royal prerogative powers. The debate threatens to be sterile, however, because it has never been the case in modern times that any Prime Minister would consider going to war unless they felt that they could command the confidence of the House of Commons, whether they took the decision before or after consulting it. Nothing has changed: whether there should be a debate is not a matter of religious or constitutional doctrine.”
“Listening to the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) has underlined for me that we are in danger of having quite a serious debate in this House for a change. There have been a great many very thoughtful speeches, despite their enforced brevity, which I will seek to match. My Committee, the Public Administration Committee, produced two reports about strategy early in this Parliament. I may be flattering myself, but strategy—and the word “strategy”—seem by osmosis to have got more into the currency of our thinking. Before I talk about strategy, let me briefly address the question of the role of the House of Commons in the decision to go to war. It is an interesting debate, and I am intrigued that a former Lord Chancellor, my right hon.”
“We continue to expect President Assad to stand down, but we will not do anything to make that happen. That has brought about the situation that we are in. The Government’s approach is over-precious about who our friends should be and careless of the consequences of the restraints that that places on our policy. We have to treat President Putin as a pariah, but we might need to use him as an ally to defeat ISIS and stabilise the middle east.”
“The Foreign Secretary demonstrated a laudable strategic perspective after a period of reactive and short-term initiatives, such as the reversal of the policy on Syria after the vote last year, which have left our policy in disarray and, one might even say, paralysis. The period of complete neglect of the Syrian situation has resulted in the ISIS situation that we face. That has not been helped by perhaps the greatest and most silent strategic shock to hit the western world—the almost complete absence of the United States from an active role on the world stage. The Foreign Secretary still gave us a lot of conflicts. We will consider air strikes in Iraq, but not in Syria, which is the home base of ISIS. We said that we would not provide arms to the Kurds, but now we are.”
“I must remind the hon. Gentleman, who has sat in Committee with me for many hours listening to evidence about this, that strategy is not the same as having a plan. Yes, a plan may be knocked off course by events, but that does not mean that we should relinquish all the means or methods of reformulating the plan. That is what strategic thinking is about, and I shall apply further thought to that in my speech. Let us face it: if we sweat about whether to take military action and that dominates our entire debate, we are missing the point. I agree with my right hon. and learned Friend the Member for Rushcliffe on that. Our debate should be about the context in which we are making that decision. The decision should flow out of that context, not be the subject of the debate itself.”
“Military action is not necessarily an indication of determination—it can be an indication of despair or weakness. We need to remember that the smallest actions, such as Guantanamo Bay, the development of technology such as mobile phones or apparently innocuous words used in a speech, such as “axis of evil”, can have enormous strategic effects. We need to stay within the law, because if we are trying to defend law it is important that we uphold the law ourselves, and we should use force only as a last resort. I agree with my right hon. Friend the Member for Wokingham (Mr Redwood) that we have tended to resort to force as an expression of our will-power without applying our will-power to all the other means at our disposal first.”
“How will we prevent the international money laundering that has been mentioned in this debate? We need to base all activity on the best human intelligence. We cannot plan any sort of campaign if we are guessing or we do not know what is happening on the ground. However, we have cut the resources for that vital part of our capability. We must do our best to remove the underlying political grievances. That is why the middle east peace process is important. It is a tactical consideration in the main strategic objective of containing ISIS. We need to co-ordinate all actions to a strategic plan, otherwise there will be chaos. We also need to remember that it is, in the end, a battle for hearts and minds and that conflict is about will-power, not physical force.”
“and learned Friend the Member for Rushcliffe that the greatest immediate threat is not what is happening in Ukraine, the situation in Gaza, Israel and the middle east, however much that preoccupies us, or what is happening in Libya, which is a sideshow, but ISIS. The Prime Minister is right to lay that out as the big threat. We need a doctrine of counter-insurgency on a global scale. That is not new thinking. There are a few rules that should guide our thinking. We have to secure our home base. The security element of this debate, which has been rather neglected, is the most important thing. How will we protect ourselves from this insurgency? We need to deny the enemy a secure base. I ask Ministers: how can we deny the enemy a secure base if we will not do anything about Syria? We need to starve the enemy of resources.”
“Of course we should exercise caution. I have learned my bitter lessons, having been on the Opposition Front Bench during the vote on Iraq. The decision to go to war blinded us to the wider strategic considerations that should have been at the forefront of our minds. We obsessed about the wrong things. Incidentally, the opponents of war obsessed about the wrong things too. They obsessed about legality, instead of effect. We also sleepwalked into Helmand. I did not have responsibilities at that stage, but it was extraordinary that we did so. The National Security Council needs a template—a doctrine of thinking—in approaching such matters. That is what I want to discuss in the last few minutes that I have. I agree with my right hon.”
“The point was not to criticise any legitimate discussion about legality, although I do not think there was any question about that legality. The problem was that we spent all our time discussing that and talking through the United Nations—it is all that Tony Blair talked to the President of the United States about—instead of asking, “What are we going to do when we get there?” We thought that that discussion had gone on between Tony Blair and the President, but it just had not. That was the real tragedy of that situation.”
“If there is to be a chief executive, the role must be properly thought about, properly defined and properly embedded within the structures and accountability of the House, and within what the House is for, which is the scrutiny of legislation and the holding to account of the Executive. We want more involvement for Members, more openness and accountability, and more listening and working together, plus less tearing chunks out of each other over this particular subject, if you please, because that does the House nothing but harm. I think that the proposed Committee is the solution.”
“My Committee does the same for the Parliamentary and Health Service Ombudsman, who is also an Officer of the House. The idea that Officers of the House should not be subject to pre-appointment hearings seems to me anachronistic and old-fashioned. The remit of the new Committee is not about going back over the past, but looking to the future. It is about throwing light on the dim recesses of how this place operates. I say to hon. Members in all parts of the House that change is coming to this place whether we like it or not and—perhaps speaking to Government Members—if we want things to remain the same, things are going to have to change, but this is not about throwing babies out with the bathwater.”
“Member for Sheffield, Brightside and Hillsborough in sympathising with the individual who has been exposed in this episode. My role as Chairman of the Public Administration Committee was to suggest that the ultimate modernisation of the process of appointment of the Clerk would be to make it subject to a pre-appointment hearing. Constitutionally, that matter rests within my Committee’s remit. We will keep that on the table for whichever candidate emerges as the final candidate, because whoever it is should be subject to a pre-appointment hearing. The right hon. Member for Barking (Margaret Hodge), the Chair of the Public Accounts Committee, does the same for the appointment of the Comptroller and Auditor General, who is an Officer of the House.”
“Member for Wallasey (Ms Eagle), who made a dignified and conciliatory speech. We need to avoid dwelling on what has gone wrong; we can learn from that, but we need to move forward. I spent much of my summer worrying that this issue would divide the House and, because of the controversy, almost poison the office of the Speaker. The purpose of my asking for the motion to be drafted in the manner that it has been drafted, and of suggesting that the right hon. Member for Blackburn (Mr Straw) chair the Committee, and of gingerly tip-toeing around the various—increasingly angry—people on all sides of the debate was to try to find a method of resolving the issue in a manner that will not result in a terrible and divisive row about a particular individual. I join the right hon.”
“I am the Chairman of the Public Administration Committee and as I listened to the right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett), I thought about how this debate is a microcosm of the debate that is going on in Whitehall about how to get Whitehall machinery to operate in a much more open, accountable and transparent way. I use the word “accountable” because I think a lot of this debate has arisen because there is a sense, particularly among younger and, dare I say it, more impatient Members—like myself, of course—that there is an opacity, a sort of Victorian mystery about the way in which this place works. This whole episode has been painful for the House of Commons. I commend those on both sides of the House who have spoken, but particularly the shadow Leader of the House, the hon.”
“My right hon. Friend’s description of the importance of the role of Clerk of the House is absolutely right. I heard the right hon. Member for Neath (Mr Hain) say that he did not understand why the Clerk was paid on a different scale from the Speaker and a higher amount. The Clerk is paid on the same scale as a High Court judge, because he is the arbiter of the law of Parliament across the entire Commonwealth. The independence of his remuneration is part of his independence and has to be preserved.”
“I do not prejudge this question, but if we went for a chief operating officer under the Clerk, the really important thing is that the chief operating officer should be directly and visibly accountable, in a way that the present officers under the Clerk are not visible and accountable.”
“The Petitioners therefore request that the House of Commons urges the Government to encourage the Essex County Council to continue to provide residents of Wivenhoe with equitably funded home-to-school transport to the Colne Community School in Brightlingsea. And the Petitioners remain, etc. [P001378]”
“The petition states: The Petition of residents of Harwich and North Essex, Declares that Essex County Council’s new home-to-school transport policy has removed school transport funding for residents of Wivenhoe with children attending the Colne Community School in Brightlingsea; further that the Petitioners believe that the policy does not recognise the long-term close community link between Wivenhoe and the Colne Community School; further that the cost of running an underutilised service to the allocated catchment school would better be spent on transport to the Colne Community School; and further that the journey time to the Colne Community School is likely to be the same as, or shorter than, to the allocated catchment school.”
“It is my duty and privilege to introduce a petition on behalf of those whose school transport is being adversely affected by changes in Essex county council policy. The petition contains no fewer than 527 signatures.”
“Will my right hon. Friend recognise that the utility of military force, and of having enough of it, is not what one might wish to deploy in combat now, but what one has available to shape the global strategic environment, which many would rightly say is what we lack today?”
“It would be better if we conducted this debate on the basis that we are all in favour of those things. It is the means of achieving them that we are discussing. The idea that, because an hon. Member is against the European arrest warrant, he is against all those things is insulting and stupid.”
“It should be possible to reach an agreement with the European Union that the European Court of Justice will not arbitrate in disputes between the United Kingdom courts and the European courts in such matters. The fact that there is an assumption that the European Court of Justice will preside over any dispute between the United Kingdom and the EU on any matter demonstrates how overarching the reach of the Court under these treaties already is. That goes to the heart of what we are tangentially discussing, which is the future of the UK’s relationship with our European partners.”
“This is yet another example of politicians seeking to provide reassurance to voters without actually meaning it. The transfer includes a permanent commitment to the notorious European arrest warrant, which is intended to remove the recourse of a citizen of the UK to the courts in the event of such a warrant, whatever UK legislation is place, with the new provisions themselves vulnerable to being overridden by the European Court of Justice. The idea that any extradition arrangement we enter into with other EU states would necessarily be subject to the jurisdiction of the European Court of Justice is, in itself, an admission of how overreaching the European treaties have become. There are still parts of our law that are immune from the reach of the European Court of Justice.”
“We have seen across the House the same old cosy consensus between those on both Front Benches that encouraged UKIP to such new heights in the recent European elections. The very title of the debate, which says that it is a general debate on the UK’s justice and home affairs opt-outs, is misleading. The UK has already exercised our opt-outs from the justice and home affairs provisions under the Lisbon treaty. This debate is about whether the Government should opt back in to 35 of these measures. Unlike what was agreed—it pains me to say this—about these provisions at Lisbon by the previous Government, my right hon. Friend the Home Secretary is proposing a major and permanent transfer of power from the UK to the EU: a transfer of more sovereignty which, nevertheless, escapes a referendum under the European Union Act.”
“Friend the Home Secretary said about the additional protections that she thinks she has obtained for the exercise of the European arrest warrant, whereby we now have domestic legislation in place to deal with matters of disproportionality and dual criminality. That goes to the heart of the wider context of this debate as to whether we really control the terms of engagement that we are entering into with this instrument and whether this House has any control over the terms of engagement that our law has with our membership of the European Community. This debate exposes the dislocation between the words of our political leaders and their actions. What we are discussing today feeds the discontent and disillusion that people feel about our politics and politicians and about the UK’s relationship with our EU partners.”