Sir Roger Gale
MP for Herne Bay and Sandwich · Conservative · United Kingdom
“In welcoming the Prime Minister to his place, let me say that I noticed his criticism of the water companies—a justified criticism, in many cases. May I direct his attention to the predatory activities of another private company?”
“The Secretary of State appears to think it is scaremongering to suggest that, with effect from this weekend, passenger and freight traffic using the channel tunnel and the port of Dover will be disrupted as a result of the European entry and exit system.”
“Before I call Esther McVey to move the motion, and then the Minister to respond, I remind Members that they may make a speech only with the prior permission of the Member in charge of the debate. No such notice has been given.”
“As the Minister has indicated, over the spring bank holiday there was chaos at Dover, at St Pancras and at the channel tunnel because of the failure of the EES. The French authorities were quite simply not prepared or able to implement the facilities properly.”
“This House has the capacity to criticise, but it also has the capacity to be fair. The Minister probably finds himself between a rock and a cliff face in a situation that he did not make himself. That does not absolve the MCA from the criticism that has rightly been levelled at it earlier today.”
“To ask the Secretary of State for the Home Department, what measures the Government have put in place to ensure that in the coming holiday season, travellers and business freight are not delayed at our ports, our international railway stations and our airports as a result of the imposition of the European entry and exit system.”
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“Before the hon. Gentleman continues, may I make a point? I understand how this game is played, and interventions are fine, but please understand from the Chair that if Members intervene they are less likely to get called.”
“Order. The Minister has sat down; I took it that she was giving way so I allowed the hon. Member for Walthamstow (Stella Creasy) to come in, but the Minister has now clearly sat down, so that is the end of the debate. Question put and agreed to .”
“Order. Before I call Sir John Hayes, may I remind the House that this is not Second Reading debate? It is certainly a debate about the clauses standing part and the amendments, but it is not a Second Reading debate—there is a distinction.”
“Order. Just before we proceed and I call Jerome Mayhew, can I gently say that it has not escaped the notice of the Chair that a significant number of Members have wandered in, after many hours of debate during which they have not been here, and then sought to participate? Technically, the Chair has no power to control that, but Members must understand that we deprecate this. I take a very dim view of it as bad manners. I hope that is clearly understood. The hon. Member for Ipswich (Tom Hunt) sat in his place for five hours waiting to speak. I believe that any other Member who wishes to speak in a debate should afford the Committee the same courtesy.”
“Some 14 hon. Members seek to take part in the debate. We have to go into the wind-ups at about 6.40 pm. By my miserable maths, that means I need to put an immediate time limit of five minutes on speeches after the SNP spokesman. I may have to bring that down—we will see how we go.”
“I thank the Minister of State for taking so many questions and the shadow Foreign Secretary, the right hon. Member for Tottenham (Mr Lammy), for staying the course. That concludes the urgent question and I ask Members wishing to do so to leave the Chamber as swiftly and as quietly as possible.”
“Order. I am sorry to have to interrupt the right hon. and learned Gentleman, but he is fully aware that we have to stick to the time limit. After Sir George Howarth, whom I shall call next, I am afraid that, given the number of hon. Members who wish to participate, I shall have to reduce the time limit to six minutes.”
“Treasury That Sir James Duddridge and Dame Andrea Leadsom be discharged from the Treasury Committee and Dr Thérèse Coffey and Stephen Hammond be added. —(Sir Bill Wiggin, on behalf of the Committee of Selection.)”
“Levelling Up, Housing and Communities That Paul Holmes be discharged from the Levelling Up, Housing and Communities Committee and Tom Hunt be added. Joint Committee on the National Security Strategy That Tom Tugendhat be discharged from the Joint Committee on the National Security Strategy and Sarah Atherton be added. Procedure That Aaron Bell be discharged from the Procedure Committee and Nickie Aiken be added. Public Accounts That Ashley Dalton, Jill Mortimer and Nick Smith be discharged from the Committee of Public Accounts and Paula Barker, Sarah Owen and Jeremy Quin be added. Science, Innovation and Technology That Aaron Bell be discharged from the Science, Innovation and Technology Committee and Dr James Davies be added.”
“We now come to the motions for appointments to Select Committees. Unless there are any challenges—and I have been notified of none—I propose, with the leave of the House, to take them all together. Ordered, Business and Trade That Bim Afolami be discharged from the Business and Trade Committee and Julie Marson be added. Defence That Jesse Norman be added to the Defence Committee. Energy Security and Net Zero That Mark Jenkinson be discharged from the Energy Security and Net Zero Committee and Derek Thomas be added. Foreign Affairs That Saqib Bhatti be discharged from the Foreign Affairs Committee and Ranil Jayawardena be added. Holocaust Memorial Bill (Select Committee) That Sir Mike Penning be discharged from the Holocaust Memorial Bill (Select Committee) and John Stevenson be added.”
“Order. I am not going to put a time limit on speeches, but, looking at the clock and given that 10 colleagues wish to speak in addition to the Front Benchers, I think it would be helpful and a courtesy to others if speeches were confined to around eight minutes, bearing in mind that there is another debate to follow this one.”
“Order. Let me try again. If every colleague takes 15 minutes, the following debate will have to be cancelled. I urge a self- denying ordinance.”
“Order. There are a lot of Members entering the Chamber, for reasons that are apparent, who have not taken part in or heard this debate. I hope the House will do the Minister the courtesy of listening to his winding-up speech.”
“order. A significant number of Members still wish to participate. I will not put a time limit on at present, but it would be helpful if Members could keep their contributions to about seven minutes.”
“Order. I am afraid that after the next speaker there will still be 10 people waiting to speak. We have to finish this section of proceedings at 8.50 pm in order to allow for the wind-up, so, after the next speech, the limit will be three minutes.”
“Following the Minister’s opening remarks, I place on record my own sadness on learning of the death of Alistair Darling. He was a distinguished Member of this House, and one who I regarded from the Opposition Benches as a friend. The political landscape of the United Kingdom will be the bleaker because of his loss. Question put and agreed to.”
“Clause 5 Lawfulness of processing Amendment proposed : 11, page 7, line 12, at end insert— ““internal administrative purposes”, in relation to special category data, means the conditions set out for lawful processing in paragraph 1 of Schedule 1 of the Data Protection Act 2018.”— (Kate Osborne.) This amendment clarifies that the processing of special category data in employment must follow established principles for reasonable processing, as defined by paragraph 1 of Schedule 1 of the Data Protection Act 2018. Question put, That the amendment be made.”
“2005/1812) are revoked.”— (Sir John Whittingdale.) This amendment provides that certain powers to make regulations under section 79 of the New Roads and Street Works Act 1991, so far as exercisable in relation to Wales, are transferred from the Welsh Ministers to the Secretary of State; and makes provision in relation to regulations already made under those powers. Brought up, read the First and Second time, and added to the Bill.”
“New Clause 42 Transfer of certain functions to Secretary of State “(1) The powers to make regulations under section 79(1) and (2) of the New Roads and Street Works Act 1991, so far as exercisable in relation to Wales, are transferred to the Secretary of State. (2) The power to make regulations under section 79(1A) of that Act (as inserted by section 46(2) A42of the Traffic Management Act 2004), so far as exercisable in relation to Wales, is transferred to the Secretary of State. (3) The Street Works (Records) (England) Regulations 2002 (S.I. 2002/3217) have effect as if the reference to England in regulation 1(2) were a reference to England and Wales. (4) The Street Works (Records) (Wales) Regulations 2005 (S.I.”
“New Clause 41 Pre-commencement consultation “A requirement to consult under a provision inserted into the New Roads and Street Works Act 1991 by section ( National Underground Asset Register ) or ( Information in relation to apparatus ) may be satisfied by consultation before, as well as consultation after, the provision inserting that provision comes into force.”— (Sir John Whittingdale.) This amendment provides that a requirement that the Secretary of State consult under a provision inserted into the New Roads and Street Works Act 1991 by the new clauses inserted by Amendments NC39 and NC40 may be satisfied by consultation undertaken before or after the provision inserting that provision comes into force. Brought up, read the First and Second time, and added to the Bill.”
“(1B) Regulations under this Part may make supplementary or incidental provision.” (7) In consequence of the provision made by subsection (4), omit section 47 of the Traffic Management Act 2004.”— (Sir John Whittingdale.) This amendment amends the New Roads and Street Works Act 1991 so as to impose new duties on undertakers to keep records of, and share information relating to, apparatus in streets; and makes amendments consequential on those changes. Brought up, read the First and Second time, and added to the Bill.”
“(7) Before making regulations under this section the Secretary of State must consult— (a) such representatives of persons likely to be affected by the regulations as the Secretary of State considers appropriate, and (b) such other persons as the Secretary of State considers appropriate. (8) For the meaning of “NUAR”, see section 106A.” (5) Before section 81 (duty to maintain apparatus) insert— “Other duties and liabilities of undertakers in relation to apparatus”. (6) In section 104 (regulations), after subsection (1) insert— “(1A) Before making regulations under section 79 or 80 the Secretary of State must consult the Welsh Ministers.”
“(3) Where a person executing works of any description in a street finds an item of apparatus which does not belong to the person and is unable, after taking such steps as are reasonably practicable, to ascertain to whom the item belongs, the person must— (a) if the person is an undertaker, enter into NUAR, in such form and manner as may be prescribed, prescribed information in relation to the item; (b) in any other case, inform the street authority of that information. (4) Subsections (2) and (3) have effect subject to such exceptions as may be prescribed. (5) A person who fails to comply with subsection (2) or (3) commits an offence. (6) A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”
“(8) For the meaning of “NUAR”, see section 106A.” (4) For section 80 (duty to inform undertakers of location of apparatus) substitute— “80 Duties to report missing or incorrect information in relation to apparatus (1) Subsection (2) applies where a person executing works of any description in a street finds an item of apparatus belonging to an undertaker in relation to which prescribed information— (a) is not entered in NUAR, or (b) is entered in NUAR but is incorrect. (2) The person must take such steps as are reasonably practicable to inform the undertaker to whom the item belongs of the missing or incorrect information.”
“(3F) Information must be entered into NUAR under subsection (3B) or (3C) in such form and manner as may be prescribed.” (g) in subsection (4)(a), omit “not exceeding level 5 on the standard scale”; (h) after subsection (6) insert— “(7) For the purposes of subsection (3B) the Secretary of State must by regulations— (a) specify a date as “the archive upload date”, and (b) specify a period beginning with that date as the “initial upload period”.”
“(3C) Where an undertaker records information as required by subsection (1) or (1B), or updates such information, the undertaker must, within a prescribed period, enter the recorded or updated information into NUAR. (3D) The duty under subsection (3C) does not apply in relation to information recorded or updated before the archive upload date. (3E) A duty under subsection (3B) or (3C) does not apply in such cases as may be prescribed.”
“(3) In section 79— (a) for the heading substitute “Information in relation to apparatus”; (b) in subsection (1), for paragraph (c) substitute— “(c) being informed of its location under section 80(2),”; (c) after subsection (1A) (as inserted by section 46(2) of the Traffic Management Act 2004) insert— “(1B) An undertaker must, except in such cases as may be prescribed, record in relation to every item of apparatus belonging to the undertaker such other information as may be prescribed as soon as reasonably practicable after— (a) placing the item in the street or altering its position, (b) inspecting, maintaining, adjusting, repairing, altering or renewing the item, (c) locating the item in the street in the course of executing any other works, or (d) receiving any such information in relation to the item under section 80(2).” (d) omit subsection (3); (e) in subsection (3A) (as inserted by section 46(4) of the Traffic Management Act 2004)— (i) for “to (3)” substitute “and (2A)”; (ii) for “subsection (1)” substitute “this section”; (f) after subsection (3A) insert— “(3B) Before the end of the initial upload period an undertaker must enter into NUAR— (a) all information that is included in the undertaker’s records under subsection (1) on the archive upload date, and (b) any other information of a prescribed description that is held by the undertaker on that date.”
“(3) Schedule ( National Underground Asset Register: monetary penalties ) to this Act inserts Schedule 5A into the New Roads and Street Works Act 1991 (monetary penalties).”— (Sir John Whittingdale.) This amendment inserts Part 3A into the New Roads and Street Works Act 1991 which requires, and makes provision in connection with, the keeping of a register of information relating to apparatus in streets (to be called the National Underground Asset Register). Brought up, read the First and Second time, and added to the Bill. New Clause 40 Information in relation to apparatus “(1) The New Roads and Street Works Act 1991 is amended in accordance with subsections (2) to (6). (2) For the italic heading before section 79 (records of location of apparatus) substitute “Duties in relation to recording and sharing of information about apparatus”.”
“(2) In this Part “processing” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act) and “process” is to be read accordingly.” (2) In section 167 of the New Roads and Street Works Act 1991 (Crown application)— (a) after subsection (4) insert— “(4A) The provisions of Part 3A of this Act (National Underground Asset Register: England and Wales) bind the Crown.”; (b) in subsection (5), for “(4)” substitute “(4) or (4A)”.”
“(7) Any provision that may be made in regulations under this Part subject to the negative procedure may be made in regulations subject to the affirmative procedure. 106I Interpretation (1) In this Part the following terms have the same meaning as in Part 3— “apparatus” (see sections 89(3) and 105(1)); “in” (in a context referring to apparatus in a street) (see section 105(1)); “street” (see section 48(1) and (2)); “undertaker” (in relation to apparatus or in a context referring to having apparatus in a street) (see sections 48(5) and 89(4)).”
“(2) Regulations under this Part may make— (a) different provision for different purposes; (b) supplementary and incidental provision. (3) Regulations under this Part are to be made by statutory instrument. (4) Before making regulations under this Part the Secretary of State must consult the Welsh Ministers. (5) Where regulations under this Part are subject to “the affirmative procedure” the regulations may not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament. (6) Where regulations under this Part are subject to “the negative procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.”
“Data protection 106G Data protection (1) A duty or power to process information that is imposed or conferred by or under this Part does not operate to require or authorise the processing of personal data that would contravene the data protection legislation (but in determining whether processing of personal data would do so, that duty or power is to be taken into account). (2) In this section— “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act); “personal data” has the same meaning as in that Act (see section 3(2) of that Act). Supplementary provisions 106H Regulations under this Part (1) In this Part “prescribed” means prescribed by regulations made by the Secretary of State.”
“(6) Except as otherwise prescribed and subject to section 106G, the disclosure of information between the Secretary of State and a person in connection with the person’s entering into arrangements under this section or exercise of functions to which such arrangements relate does not breach— (a) any obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (7) Regulations under this section are subject to the affirmative procedure. (8) In this section “relevant function” means any function of the Secretary of State conferred by or under this Part (including the function of charging or recovering fees under section 106C) other than— (a) a power to make regulations, or (b) a function under section 106C(4) (specifying of fees etc).”
“(4) In the case of the exercise of a function by a person authorised by arrangements under this section to exercise that function, any reference in this Part or in regulations under this Part to the Secretary of State in connection with that function is to be read as a reference to that person. (5) Arrangements under this section do not prevent the Secretary of State from exercising a function to which the arrangements relate.”
“(5) Regulations under subsection (1) or (2) are subject to the negative procedure. Monetary penalties 106E Monetary penalties Schedule 5A makes provision about the imposition of penalties in connection with requirements imposed by regulations under sections 106C(1) and 106D(1) and (2). Exercise of functions by third party 106F Arrangements for third party to exercise functions (1) The Secretary of State may make arrangements for a prescribed person to exercise a relevant function of the Secretary of State. (2) More than one person may be prescribed. (3) Arrangements under this section may— (a) provide for the Secretary of State to make payments to the person, and (b) make provision as to the circumstances in which any such payments are to be repaid to the Secretary of State.”
“(2) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to provide information to the Secretary of State for either or both of the following purposes— (a) ascertaining whether a fee is payable by a person under regulations under section 106C(1); (b) working out the amount of a fee payable by a person. (3) Regulations under subsection (1) or (2) may require an undertaker to notify the Secretary of State of any changes to information previously provided under the regulations. (4) Regulations under subsection (1) or (2) may make provision about— (a) when information is to be provided (which may be at prescribed intervals); (b) the form and manner in which information is to be provided; (c) exceptions to requirements to provide information.”
“(9) But the first regulations under subsection (1) that make provision of a kind mentioned in subsection (2) are subject to the affirmative procedure. 106D Providing information for purposes of regulations under section 106C (1) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to provide information to the Secretary of State for either or both of the following purposes— (a) assisting the Secretary of State in determining the provision that it is appropriate for regulations under section 106C(1) or a statement under section 106C(4) to make; (b) assisting the Secretary of State in determining whether it is appropriate to make changes to such provision.”
“(5) Regulations under subsection (1) may make provision about— (a) when a fee is to be paid; (b) the manner in which a fee is to be paid; (c) the payment of discounted fees; (d) exceptions to requirements to pay fees; (e) the refund of all or part of a fee which has been paid. (6) Before making regulations under subsection (1) the Secretary of State must consult— (a) such representatives of persons likely to be affected by the regulations as the Secretary of State considers appropriate, and (b) such other persons as the Secretary of State considers appropriate. (7) Subject to the following provisions of this section regulations under subsection (1) are subject to the affirmative procedure. (8) Regulations under subsection (1) that only make provision of a kind mentioned in subsection (2) are subject to the negative procedure.”
“(2) The regulations may— (a) specify the amounts of the fees, or the maximum amounts of the fees, or (b) provide for the amounts of the fees, or the maximum amounts of the fees, to be determined in accordance with the regulations. (3) In making the regulations the Secretary of State must seek to secure that, so far as possible and taking one year with another, the income from fees matches the expenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under this Part (including expenses not directly connected with the keeping of NUAR). (4) Except where the regulations specify the amounts of the fees— (a) the amounts of the fees must be specified by the Secretary of State in a statement, and (b) the Secretary of State must— (i) publish the statement, and (ii) lay it before Parliament.”
“(4) Except as otherwise prescribed and subject to section 106G, processing of information by the Secretary of State in exercise of functions conferred by or under section 106A or this section does not breach— (a) any obligation of confidence owed by the Secretary of State, or (b) any other restriction on the processing of information (however imposed). (5) Regulations under this section are subject to the affirmative procedure. Requirements for undertakers to pay fees and provide information 106C Fees payable by undertakers in relation to NUAR (1) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to pay fees to the Secretary of State for or in connection with the exercise by the Secretary of State of any function conferred by or under this Part.”
“(3) The regulations may make provision about licences under which information kept in NUAR is made available, including— (a) provision about the form of a licence; (b) provision about the terms and conditions of a licence; (c) provision for information to be made available under a licence for free or for a fee; (d) provision about the amount of the fees, including provision for the amount of a fee to be an amount which is intended to exceed the cost of the things in respect of which the fee is charged; (e) provision about how funds raised by means of fees must or may be used, including provision for funds to be paid to persons who are required, by a provision of Part 3, to enter information into NUAR.”
“(2) The regulations may (among other things)— (a) make provision about which information, or descriptions of information, may be made available; (b) make provision about the descriptions of person to whom information may be made available; (c) make provision for information to be made available subject to exceptions; (d) make provision requiring or authorising the Secretary of State to adapt, modify or obscure information before making it available; (e) make provision authorising all information kept in NUAR to be made available to prescribed descriptions of person under prescribed conditions; (f) make provision about the purposes for which information may be made available; (g) make provision about the form and manner in which information may be made available.”
“106B Access to information kept in NUAR (1) The Secretary of State may by regulations make provision in connection with making information kept in NUAR available— (a) under a licence, or (b) without a licence.”
“New Clause 39 National Underground Asset Register “(1) After section 106 of the New Roads and Street Works Act 1991 insert— “Part 3A National Underground Asset Register: England and Wales The register 106A National Underground Asset Register (1) The Secretary of State must keep a register of information relating to apparatus in streets in England and Wales. (2) The register is to be known as the National Underground Asset Register (and is referred to in this Act as “NUAR”). (3) NUAR must be kept in such form and manner as may be prescribed. (4) The Secretary of State must make arrangements so as to enable any person who is required, by a provision of Part 3, to enter information into NUAR to have access to NUAR for that purpose. (5) Regulations under subsection (3) are subject to the negative procedure.”
“(8) In this section— “the commencement day” , “law enforcement authority” and “section 18 material” have the meaning given in section ( Retention of biometric data and recordable offences )(14); “instituted” , in relation to proceedings, has the meaning given in section ( Retention of biometric data and recordable offences )(15).”— (Sir John Whittingdale.) This new clause enables fingerprints and DNA profiles obtained as part of a request for assistance, or notification of a threat, from INTERPOL and held for national security purposes by a law enforcement authority to be retained until the authority is informed that the request or notification has been withdrawn or cancelled. Brought up, read the First and Second time, and added to the Bill.”
“(7) Where this subsection applies— (a) the law enforcement authority is to be treated as not having been required to destroy the material at the pre-commencement time, but (b) the material may not be used in evidence against the person to whom the material relates— (i) in criminal proceedings in England and Wales, Northern Ireland or Scotland in relation to an offence where those proceedings, or other criminal proceedings in relation to the person and the offence, were instituted before the commencement day, or (ii) in criminal proceedings in any other country or territory.”
“(6) Subsection (7) of this section applies where— (a) at the beginning of the commencement day, a law enforcement authority has section 18 material, (b) at a time before the commencement day (a “pre-commencement time”), the law enforcement authority was required by section 18(4) of the Counter-Terrorism Act 2008 to destroy the material, but (c) at the pre-commencement time, the law enforcement authority could have retained the material under section 18AA of that Act (as inserted by this section) if it had been in force.”
“(2) Regulations under this section are subject to affirmative resolution procedure.” (4) In section 18BA(5)(a) (retention of further fingerprints), after “18A” insert “, 18AA”. (5) Section 18AA of the Counter-Terrorism Act 2008 applies in relation to section 18 material obtained or acquired by a law enforcement authority before the commencement day (as well as material obtained or acquired on or after that day), except where the law enforcement authority was informed, or became aware, as described in subsection (2) or (3) of that section before the commencement day.”
“18AB Retention of material from INTERPOL: supplementary (1) The Secretary of State may by regulations amend section 18AA to make such changes as the Secretary of State considers appropriate in consequence of— (a) changes to the name of the organisation which, when section 18AA was enacted, was called the International Criminal Police Organization - INTERPOL (“the organisation”), (b) changes to arrangements made by the organisation which involve fingerprints or DNA profiles being provided to members of the organisation (whether changes to existing arrangements or changes putting in place new arrangements), or (c) changes to the organisation’s arrangements for liaison between the organisation and its members or between its members.”
“(5) The reference in subsection (1) to material obtained or acquired as part of a request or notification includes material obtained or acquired as part of a communication, sent to the United Kingdom via INTERPOL’s systems, correcting, updating or otherwise supplementing the request or notification.”