Kit Malthouse
MP for North West Hampshire · Conservative · United Kingdom
“We have heard time and time again that the situation that thousands of our constituents live with every single day is so horrific and appalling that even the best palliative care cannot alleviate their pain. I urge colleagues to consider what their vote may mean today.”
“I will not. Some of those Members had just a few months before been specifically rejected by the electorate and replaced in this House by others, and I am afraid that they cannot be trusted not to do the same thing again. I grant my right hon.”
“The Health and Social Care Committee of the House of Lords found that in territories that have assisted dying, palliative care generally improves, because people become less afraid of talking about death.”
“One of the most affecting people I have met over the last 11 years of campaigning on this issue is Warwick Jackson, who came to our party conference a couple of years ago. Warwick’s wife, Ann, was diagnosed with terminal peritoneal cancer. She basically knew that she was going to die a slow, suffocating death at the end.”
“I respect my right hon. and learned Friend’s expertise in this matter, but, as he has already heard on the Floor of the House, it is perfectly possible for this House to suggest amendments, negotiate them with the promoters of the Bill, place them against the legislation in the House of Lords and then have them come back to this House for…”
“As co-sponsor of the Bill once again, I am acutely conscious that there is more at stake today than merely the fate of those who are facing their end, because the conduct of the other place means that our democracy is also on trial today.”
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“There was recognition that having these huge organisations that crash the entire global economy if they fail was dangerous for the western economy, and that a much more diverse landscape was therefore desirable. The problem with that, obviously, is that there is more inherent risk in those smaller banks. If there is more inherent risk, we are likely to see more resolution, and in time we may end up back where we were. I support the Bill. I think that resolution is exactly the right way to go, and we should obviate the risk to the taxpayer.”
“I am asking the Minister not necessarily to change the legislation, but to consider setting out in a code of conduct what consideration the Bank of England has to give to the competitive landscape when it is resolving a bank. When it transfers one small bank to another small bank as part of a resolution, for example, that wheel might be oiled with a bit of short-term funding, in the interests of maintaining that competitive landscape. The cost of that should not fall on the taxpayer; effectively, it should be a loan for repayment. One of the benefits, if you like, of the 2007-08 crash—one of the silver linings of that cloud—is that we have a much more diverse banking landscape than before.”
“At the heart of this is my worry about competition. When a bank is put in this resolution position, obviously it needs to move to another bank that has significant assets and can fulfil the rightful demands of its depositors to withdraw their funds. That will naturally be a bigger bank, and there is a possibility—although hopefully this will not happen, as we will not use resolution very often—that small, higher-risk challenger banks will find themselves unable to obtain short-term funding from the Bank of England because of their size, and will therefore be gobbled up by the leviathans of the banking system. Over time, there might be a natural move back towards where we were prior to all these challenger banks appearing—to having four or five massive banks that dominate the system in an uncompetitive way.”
“That is useful information about the Bank’s decision making. However, the Bank still decided to go for insolvency prior to a resolution mechanism. I find it hard to see that, within that 36-hour period, it had not canvassed whether there was a market for the bank. My point remains: if I were an investor or an overseas bank trying to establish and invest significant funds in a UK branch, I would like to understand why the Bank of England makes these decisions, and the criteria and parameters by which it is likely to make a decision either way. Then, of course, the final decision was taken to sell or transfer the bank to HSBC—for a minimal consideration, I think. I really want to understand what value was placed on that bank going to HSBC, as opposed to any of the other banks that might have been bidding for it.”
“I was going to make exactly the same point. I think my hon. Friend the Member for East Wiltshire has fundamentally misunderstood what is happening. He referred to there being a discussion through the usual channels. What the hon. Member for Spen Valley has proposed is that we have that discussion now—she said informally—because we have not had the chance to do so before, and that we then return. Then my hon. Friend is free to say whatever he likes about whatever witnesses and table his own amendments as he wishes. There is no intention to conceal anything. If I might be so bold, I think he has misunderstood the process.”
“On amendment (b), for example, all psychiatrists are regulated by the General Medical Council, as I am sure the hon. Member for Bradford West knows, so effectively the royal college is a doubling up of expertise, which is not necessarily in the interests of time. Similarly, in amendment (c), the hon. Lady is proposing a physician from Canada—”
“I rise to speak to amendment (b) and to the other amendments tabled by the hon. Member for Bradford West. As we discussed in private, I am concerned that the promoter of the Bill, the hon. Member for Spen Valley, has been through an extensive period of trying to collate everybody’s recommendations for the Bill and reach a list that is both manageable within the timeframe and a compromise for all of us on what we would like to see. The odd adjustment here and there is fine, but we ought to bear in mind that in any one session we need to have sufficient time for people to speak. We have to be careful not to double up because we may or may not think that a particular witness might propose a view with which we are sympathetic, when we already have people who are covering the same subject.”
“Lady obviously had the chance to submit names during the process. For better or worse, as she may see fit, the hon. Member for Spen Valley has come up with a list that is a compromise. That is not to say that the hon. Member for Bradford West cannot arrange briefings with any of these experts outside the formal process, for Members to attend should they so wish, or that she cannot seek advice from them during the process of the Bill. My primary concern about the amendments is that we are opening up a whole area of debate where we could all have gone with our suggestions. I would rather stick with the list that we have, because I fear that the hon. Member for Bradford West is doubling up and making value judgments about expertise that are not necessarily warranted.”
“For example, knocking out the Member of Parliament from Australia would be a mistake, not least because Australia has been through a number of iterations with its law. Most of Australia has a bar on doctor initiation of the conversation. The medical profession think that that is a big negative in Australia, as I understand it, so I would like to understand why, politically and in legislation, it was felt that that was needed or helpful, and why it was imposed. On the other amendments, the hon. Member for Bradford West is making a value judgment about comparative expertise between Amanda Ward and whoever she wants to propose instead—Philip Murray. I do not know why she is making that value judgment, but as far as I can see, the names were properly submitted in the process. The hon.”
“I will just finish, if I may. Our Bill is built on a very different legal framework from Canada’s. Drawing legislative parallels between the two seems like a cul-de-sac, not least because, as the hon. Lady will know, the legal framework in Canada is dictated by the charter of rights and freedoms, effectively a constitution, which has been used there to widen the scope of the law. Canada started from a very different place as well, so I am not totally convinced. What the hon. Member for Spen Valley has tried to do with the list is to find overseas territories that are analogous to our own and have adopted a model similar to ours. We are therefore trying to learn lessons from the process of debate and legislative procedure that they went through—either to learn from them or to learn from their mistakes.”
“The structure of Silicon Valley Bank, specifically—that it had a subsidiary in the UK, rather than a branch—was meant to promote the sense of stability and independence of regulation that would, in theory, have allowed it to trade independently. All those questions need to be asked. If there has not been a review, I would be grateful if the Minister, given that she is new to the job, might acquaint herself with the issues in a little more detail and satisfy herself that this measure is not a negative for overseas banks establishing branches here, because since this situation, I cannot see —I have had a look, although I may have missed it—that any overseas bank has done so. If they have not, is this why?”
“If it changed its mind because the Treasury, the PRA or the FCA said that it should change its mind, why was its initial decision therefore deficient? What does that say about the Bank of England’s decision making? Finally, given that that was the first time that those powers were used, I wonder whether there has been a review by the Treasury—as one might expect in such a petri dish experiment situation with such a valuable industry—as to whether what happened was overall beneficial both to the UK economy and to financial services. The Minister will understand that financial services are extremely valuable to this country and that anything that creates a sense of instability will detract from the attraction of the UK for financial services.”
“The Bank then initially made a decision to put SVB UK into an insolvency procedure—it did not immediately go for resolution—and in that insolvency procedure, obviously depositors were due to get their £85,000 as guaranteed, or £170,000 for joint accounts. But something changed over the weekend, because by the Monday, the Bank had changed its tune and was going for what has now resulted, which is the sale to HSBC for nothing. Do we know why it made that initial decision? My guess is that it changed its mind because the depositors went nuts. Lots of tech start-ups had large deposits with that SVB UK, and much of it had been money raised from shareholders. There was obviously quite a lot of political intervention, but what were the influences on the Bank’s decision making?”
“For example, as I understand it, Silicon Valley Bank UK Ltd, the subsidiary, was a perfectly solvent banking entity within the UK. It applied for £1.8 billion of liquidity funding to the Bank of England when its parent was getting into trouble. A decision was made by the Bank of England at that point to deny funding to that bank. Has there been any review of that decision? Is the Treasury aware of why the funding was not made available? What assessment was made by the Bank? In future, if other banks apply for similar liquidity funding when overseas parents are in distress, what criteria will be applied so that everybody knows exactly what they are doing?”
“I have no wish to detain the Committee, but I do have some questions about the particular process we are discussing, not least because, as I understand it, it was the first time that the Bank of England had used its resolution powers as they currently stand. What happened has wider implications that we need to think about for the health of financial services in the City of London. My first question is this: could the Minister confirm that there is no litigation outstanding either in the UK, or contemplated in the UK or in the United States, that this measure seeks to obviate? If that is the case, will she elaborate a little more about the decision making of the Bank of England during the process? Although she outlined what happened at a very high level, she did not fill in all the detail.”
“That is not what I am implying at all. In this instance, I think that resolution was the right thing to do. What I am saying is that the Bank of England’s first decision, on the Friday, was to go for an insolvency and only pay out 14% of the deposits. It was only after pressure was brought to bear on a supposedly independent bank over the weekend that the strategy was changed to a resolution and the bank was transferred to HSBC. In fact, the Bank of England issued a press release to the effect that it was putting the bank into the insolvency procedure, and then over the weekend changed its mind. I am asking about the integrity and quality of the Bank of England’s decision-making procedure, given that it initially proposed to do exactly what the Minister says should not have happened.”
“Given how Government finance works, the Secretary of State knows that he has, in effect, cancelled the replacement of Basingstoke and North Hampshire hospital. That is despite, as my right hon. Friend the Member for East Hampshire (Damian Hinds) said, the now Prime Minister going there during the election campaign and making a specific, unequivocal and unconditional promise that the hospital would be replaced by 2030. Sadly, it looks like that will now not be the case. I am sure the hon. Member for Basingstoke (Luke Murphy), who is in the Chamber, will be considering his position, given the promises he made. Are we able to rescue something from this wreckage by purchasing the site? As the Secretary of State will know, we are now likely to lose the land. It is a critical site, so can we please buy it before it slips from our grasp?”
“As I am sure you know, Mr Speaker, my constituency is the source of a number of globally significant chalk streams, not least and most famously the River Test. A number of Members were pressing the previous Government to bring forward a chalk stream recovery pack, to help get those rivers back to their best state of health, so you can imagine our disappointment when we learnt in the media before Christmas that this pack was being abandoned, as was subsequently confirmed in a ministerial statement. Could we have a statement urgently from the Secretary of State about what he will do to replace that pack and bring these rivers back to the state of health they should be in?”
“Unless it is followed up with sure and certain consequence and accountability—whether that is bilateral or indeed through international institutions—there will be no movement.”
“The return of hostages and the end of daily massacres of civilians is profoundly to be welcomed. While the Foreign Secretary has attributed much of the work to diplomats, it is obvious that, whatever we think about him, the critical intervention, by all reports, has been that of President-elect Trump. Although he has issued public threats to Hamas, he has quite obviously—again by all reports—outlined a series of consequences and accountabilities to the Israeli Government. Therefore, as we look towards the worsening situation in the west bank, can we find a lesson here for British foreign policy. Talking, as many of us in this House have urged over the past 14 months, does not work.”
“I am fortunate to work with two local authorities, Basingstoke and Deane borough council and Test Valley borough council, which, after many decades of careful stewardship, are debt-free and have significant assets on their balance sheets, to the benefit of their residents. What will the Minister do in this local government reorganisation to protect that legacy? Would it not be profoundly unfair if those many years of careful stewardship were wiped out by amalgamation with more profligate neighbouring councils?”
“The Minister said that he and his team are frustrated, but given the partial application of international law and the Government’s unwillingness to take any significant steps to either compel the imposition of a ceasefire or compliance with international law, rather than being frustrated, is he not ashamed that millions of people in this country and around the world believe that there is an inherent racism at the heart of British foreign policy in this regard that says that Palestinian lives matter much less than any other lives, or indeed than Israeli lives? And if he and the Minister for Development, who has answered these statements before, are ashamed, why are they hanging on to their red folders? Why are they not standing down and compelling the Government actually to do something active and physical to save these lives?”
“Mr Speaker, you and I have been through this rigmarole many times over the past 14 months. I was going to ask today about the fate of Dr Abu Safiya, but I think we all know what will happen to him. I was going to ask about the babies who are freezing to death while blankets are being denied entry into Gaza, but I do not think we will be able to do much about that. The same applies to the denial of access for cancer medication, anaesthetic, or crutches or, indeed, the bombing of every single hospital.”
“This impact assessment is extremely important, not least because at a macro level—given that the UK is essentially a services-based economy in which human capital is the most expensive fixed cost, effectively—there is no way to escape this tax. Unlike corporation tax, which is levied on profits, this tax is levied whether a business is making a profit or not; businesses that have been marginal but struggling may well be forced into a loss, and may therefore choose to close down. It therefore has to be essential that we look backwards, if this tax goes ahead, and ask what the impact has been from a services point of view.”
“What will be the wider impact given that in the capital, such as where she represents, lots of people have no option but to rent, because they are unable to accumulate the deposit required to buy a property at an inflated value? Are we going to see fewer rental properties in the capital?”
“I am grateful to the Minister for giving way, but I am surprised she has not declared her interest because I believe she is herself a landlord. She presumably owns another property, so to cast aspersions on people who do as some kind of plague is, I think, a little unfair. I assume from this measure that the Minister would expect there to be some impact on the rental market. This is designed to deter people from becoming landlords. Given that 90-odd per cent of our rental properties in the UK are owned by people who have two or fewer properties, what is the scale of the impact she is expecting? How many people are likely to either exit being a landlord or, particularly in somewhere like London, not bother being a landlord at all?”
“If that proliferated, we might find that large numbers of properties in the UK were owned by overseas entities, precisely because of the penal taxation here.”
“I hope that the shadow Minister shares my surprise at the Minister agreeing to pay the stamp duty retrospectively on her flat. Let us hope that the cheque makes its way to HMRC. When stamp duty reaches penal rates, it not only diverts people away from becoming landlords, but means they may operate differently. Is there not a strong possibility that we might see a large number of properties in places such as London owned by foreign corporations that are domiciled in other jurisdictions? Transfer of those properties could take place by transferring the corporation’s ownership in the Isle of Man or the Caymans or somewhere like that. That would mean that no stamp duty was payable at all on the transfer of the property.”
“I suppose what we are saying is that we have got this far, and wish to go no further.”
“Our concern is that there has been no assessment of the impact on the rental market. All that the Opposition new clauses are asking for is a review, because no evidence has been adduced in this debate. There are three people who have spoken in this debate who have second properties—who are landlords—and that is completely fine. What we are saying is that there will be an impact on future landlords and on future behaviour from this tax, as there was from the tax that was introduced by the previous Government. The second thing to say—forgive me for the slightly extended intervention, Madam Chair—is that when the Government are setting levels of tax, there is an optimal point at which to levy tax in order to collect the maximum revenue, beyond which it starts to become penal and has a deterrent effect on activity.”
“Councils up and down the land, but particularly in the south-east of England, are frustrated by the high levels of undeveloped consents. It is perfectly possible that the Secretary of State will find that, come the next election, her target has been consented but is nowhere near built. Will she consider allowing councils to have a 10-year housing supply number that includes undeveloped consents, so that when the number is reached, developers have no choice but to build?”
“As I said, many are going to Switzerland, but more than that are lying in hospital—I guarantee that there will be somebody over the river in St Thomas’ hospital now who is refusing treatment and starving themselves to death because they cannot face what is in front of them.”
“There are two states of being on offer today. I have to break some news to Members: whatever happens to the Bill today, people with a terminal illness will still take their lives. If the Bill falls today, we will be consigning those people to taking their lives in brutal, violent ways, as they are at the moment, and will see increasing numbers of our fellow citizens making the trip to Switzerland if they can afford it. We know that between 600 and 700 people a year are killing themselves in violent ways—shooting themselves, throwing themselves in front of trains, taking overdoses in lonely, horrible circumstances.”
“It is even claimed that such matters would overload the judges—that I should drown in my own faecal vomit because it is too much hassle for the judges to deal with. We send things from this House to the NHS and to judges all the time. Is anyone suggesting that we should not create the new offence of spiking, which has come through this week, because judges are overworked? Of course not. They will cope as they have done with all sorts of things that we have sent from this House over the years, and we should not countenance the idea that some logistical problem will get in the way of our giving a good death to our fellow citizens. I also want to address directly those Members who are considering voting against the Bill, to ensure that they are clear in their minds that a vote against the Bill is not a passive act.”
“We can learn from them, and design a system for our own sensibilities and culture, as they have done. They all have different laws on abortion, some of which we would not pass in this House, but that does not mean we should not have abortion laws here. We are a 1,000-year-old democracy, and we should be able to design legislation that deals with this issue for ourselves. The second issue that has been raised with which I have struggled regards the impact on the NHS and on judges. People are already dying; they are already in the national health service and entitled to care. Even if we think there will be an impact, are people seriously telling me that my death, my agony, is too much for the NHS to have time for, or too much hassle?”
“Friend—and I do call her a friend—the Member for Spen Valley (Kim Leadbeater) has done that remarkably well. In my speech I want to address some of the common issues that have been raised, and that will no doubt be raised during the debate, with which I struggle. First, we will no doubt hear an awful lot about the overseas experience. I am married to a Canadian, and I can tell the House that they love their children just as much as we do. The idea that the Canadians, Australians, New Zealanders, Spanish and Austrians care little for their relatives, or indeed for the wider society in which they live, is frankly offensive. We should not pretend that somehow we are special or different. They have thought as profoundly on these issues as we have over the past 10 years.”
“When I was a child, my parents shielded me from death. Centuries of art, literature and religion taught me that death was something noble or even slightly romantic. When I became an adult, I learnt pretty quickly that that was not the case. For far too many, it is anything but and certainly not noble. The deathbed for far too many is a place of misery, torture and degradation, a reign of blood and vomit and tears. I see no compassion and beauty in that, only profound human suffering. In 10 years of campaigning on this issue, I have spent many, many hours with dying and bereaved people, which has, time and again, reinforced my view. I am a co-sponsor of the Bill and I am the co-chair of the all-party parliamentary group for choice at the end of life. I could give a speech to promote the Bill, but my hon.”
“I agree with the hon. Gentleman, and what a surprise it is that the conversation about palliative care has started. We were not having that conversation before this Bill came forward. The evidence from the Health and Care Committee, published only in February this year, shows that palliative care and assisted dying go hand in hand.”
“Member for Brent West (Barry Gardiner), who says that hundreds of people dying in agony every year is a price worth paying for the good of society, that I find that an appalling prospect. A society that looks away from these people —like those in the Public Gallery who are living in terrible fear of what will face them, or who have watched their families die in fear—and says that that is okay for the good of the whole is a terrible, terrible prospect. We have a duty to assist them, as other countries around the world have done, and to find a way to make them comfortable in the end.”
“He took his oxygen tank and mask and late one night went out and sat on a railway embankment. He wanted a death that was instant and quick, and that he could rely on. He waited until 2 in the morning—heartbreakingly, he had worked out when the last train was going, so he would minimise disruption to the public—and then took his life in lonely circumstances in the middle of the night. By not passing the Bill, we would deny to Mark supervision, conversation, access to doctors, periods of reflection, advice. Even if he had been through all that and decided it was still too much, the Bill would give him a much better end than he actually achieved. Members should be clear, as I say, that whatever happens to the Bill, terminal people will still take their lives. I have to say to the hon.”
“I will not give way. Improvements also go hand in hand; medics from across the world told us that the two things are complementary. In Australia I discussed this issue with a palliative care doctor who was against the introduction of assisted dying when they were contemplating it. She now finds it an invaluable tool, and she embraces it as something that her patients want and need. My concern is that if the Bill is turned down, as it was in 2015, the conversation about palliative care will wither, as it has done for the past 10 years. I want to share a story that has particularly affected me. Mark Crampton was a former police chief inspector who was suffering from chronic obstructive pulmonary disease. His COPD became too much for him, so he informed his family that he was going to take his own life.”
“I ask Members please to be clear that whatever happens today, terminal people will still take their own lives—all we are deciding today is how.”
“The last, best gift we can give them is control over the disease that is destroying them. If we do not pass the Bill today, we are cornering all those people; we are trapping them, with the law, in their disease, and consigning them to an end of torture and degradation that they do not wish to go through. As I said before, we are a 1,000-year old democracy. It is not beyond us to design legislation that will give those people what they want, while protecting those whom we feel need to be protected. Like my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), I want this choice for my constituents, but profoundly I want it for myself and for the people in the Public Gallery who have worked so hard over the past decade to get us to change our minds.”
“I will not. Finally, I want to talk briefly about rights. We hear a lot about rights in this debate—quite rightly. We hear about the rights and fears of the disabled community, who are specifically excluded from the Bill; we hear a lot about the rights and fears of the elderly, who are also specifically excluded from the Bill; we are even hearing about the rights of doctors, who are allowed to conscientiously object to participating in this process, if they wish. When are we going to have the conversation about the rights of the dying? Where do we put them in the ranking of rights, as they face their end? When do we grant them the autonomy and choice for which so many of them have campaigned over the years? Surely, as they come towards the end of their life, their rights have to be at the forefront of our mind.”
“The Secretary of State makes much of growth. Of course we all want growth, but the OBR report actually says that growth in real GDP will start to slow over the next three years and that in years four and five of the Parliament it will go negative. It is telling us that the Government’s Budget is actually going to result in a smaller private sector, not a larger one. How is he going to explain that to business?”
“I draw the attention of the House to my entry in the Register of Members’ Financial Interests. Farmers and family businesses are deeply alarmed, because an important principle on which they have relied for decades has been breached. It is obvious from the Red Book that the Chancellor will have to raise tax again in the future. Is this the end, or can farmers and small businesses expect yet more demands on death?”
“I draw the attention of the House to my entry in the Register of Members’ Financial Interests. The Minister mentioned that access to finance is vital for small business, but I hope he knows that the past few days have seen chaos in the motor finance market, with a number of major lenders suspending lending entirely in response to a judgment in the appeal court. This has caused consternation across the entire business lending sector. Can the Minister reassure us that the Government are fully engaged with the industry and the Financial Conduct Authority in sorting out an issue that could have a very, very significant impact on the entire sector and its supply chain?”
“We should all welcome the work of both Governments that resulted in the announcement of £63 billion of inward investment into the UK. However, since then, as a number of Members have pointed out, we have had significant new regulation in the labour market and massive new taxes on businesses. If any of those investors now change their minds, will the Secretary of State come to the House and inform us, please?”
“If, as everybody expects, the Israeli Government ignore the pleadings of the Foreign Secretary and our allies, and proceed with the dismantling of UNRWA, making its job impossible, what will he do next? Will there be any consequence whatsoever for the Israeli Government?”
“The images coming out of northern Gaza have horrified many, as has the news of yet more indiscriminate bombing, and many people have reached into humanity’s darkest periods for historical comparisons. I do not know which of those is appropriate, but I do know that on each of those occasions we told ourselves that this time was different, yet it never was. Does the ministerial team realise that what they do now is what they would have done then? If they do, do they believe that the conversations that they are having are enough, and if they do not, when will they act positively to bring about a ceasefire?”