(3 years, 5 months ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Wellbeing of Future Generations Bill [HL] 2021-22 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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My Lords, as always I welcome the contribution from Her Majesty’s Opposition. The only demur I would have is that at the end we got back into referring to political parties. One of the interesting things about this very distinguished debate is that the names of political parties, except for one reference in the speech of the noble Lord, Lord Bird, have scarcely been mentioned at all. That exemplifies the point that we all have a common interest here: I do not believe that anybody comes into this House or the other place, or the humblest parish council in the land, who does not have the aspiration of doing his or her best not only for this generation but for future generations. That is the motivation that has created the great political parties of this land and kept their hearts beating over generations.
Therefore, I very much welcome the tone of the debate. As some noble Lords anticipated, I shall not be able on behalf of the Government to support the mechanism, and I shall come to that shortly. I declare a past interest, which was referred to by my noble friend Lord Holmes of Richmond, and the noble Baroness, Lady Greengross, who both served with me on your Lordships’ Select Committee on Intergenerational Fairness and Provision. Of course, I avow that committee and give assent to its collective deliberations, and I give assent to the collective deliberations of Her Majesty’s Government, for whom I speak.
In doing so, I begin by congratulating the noble Lord, Lord Bird, on his work on the Bill, his success in introducing it and getting first place once more this time and, of course, his distinguished career as a passionate advocate and campaigner for reducing poverty, which we all admire. I think that the noble Lord was misheard when he spoke about mental health institutions—those terrible places, where once my father was incarcerated. He was not defending those; he was talking about their potential replacement, and I agree with him on that.
There is always a balance between the long term and short term in policy-making, and this is considered by the Government and by all Governments, and will continue to be considered. My noble friend Lord Bates referred to the NHS, in which we all take pride and which we all salute. Of course, the NHS and the welfare state was envisaged by Beveridge as an insurance-based institution that would build up over time. The great Labour Government after the Second World War took the view that this was something that must be introduced now, for the present generation. That was an example of trying to weigh the long term against the short term.
Other noble Lords—it may have been the noble Lord, Lord Bird—mentioned mines. I grew up in the great mining county of Nottinghamshire. When I was young, my mother bleached the whites over coal and we heated the house with coal; I warmed my clothes, before I went off to school on a frosty morning, in front of a coal gas fire. That was our way of life. Along came the Clean Air Acts, in the interests of future generations, and air quality swept away that way of life. That was an interest made in the interests of future generations which had an impact on the present. Those kinds of tensions and challenges go on all the time in policy making.
The question is over the mechanisms in the Bill proposed by the noble Lord, Lord Bird, which are quite far-reaching and specific. As was pointed out by the noble Lord, Lord McConnell, my noble friends Lord Moylan and Lord Flight, and the noble Lord, Lord Young of Norwood Green, and others, there is a balance to be found on the question of legislation and on the question of ensuring how we think about future generations. I think that the noble Baroness, Lady Watkins of Tavistock, had a particularly interesting and balanced speech on that.
There is no single view, and one of the problems of creating a commission with the statutory enforcement powers that are proposed and which is made up of people who would serve for seven years is that it may embed a particular view of the future. Is not the purpose of politics, of Parliament and of this House for distinct views to come together here to debate and consider the future? We and the public bodies that are responsible to Parliament must have that place in reconciling differences of opinion. The Government share the scepticism around imposing a statutory frame- work, so I express our reservations about the Bill, although, having heard the fascinating debate today, I look forward to further discussion in Committee.
The Bill is very broad in its scope and nature, and we do not see that as the best way forward. The Government are committed to, and are already, delivering sustainable long-term action in the environmental, economic and social well-being spheres both now and for generations to come. We have heard discussion of Covid, and the Government have of course set out their aspirations and plans in terms of levelling up, using—as the noble Lord, Lord Browne of Ladyton, referred to —the opportunities as well as the challenges and problems presented by the Covid crisis to build back better for all citizens. We will publish a landmark levelling-up White Paper later this year, which I hope will set out bold new policy interventions to improve livelihoods and opportunity in all parts of the United Kingdom.
I ask noble Lords to cast their minds back just a couple of weeks to the G7 summit, hosted here in the UK, and the shared commitment from global leaders, led by the UK, to building back better for a more equal, environmentally friendly world for future generations. That is something to which this Government are committed and give their full support.
There is already in place a requirement for public servants to take account of the Government’s wider goals when designing and implementing policy. That is fully expressed in Her Majesty’s Treasury’s Green Book guidance to policy officials about how to maximise the social value of public spending and therefore improve outcomes for the public. The Green Book sets out government guidance on the design, appraisal and approval of new public spending in terms of optimising social—that is, public—welfare. Many aspects of social policy have been referred to in this debate, including the importance of concern for children, which so many noble Lord stressed.
The debate is not so much about ends, on which most noble Lords have spoken and where the Government are on the same page, but about mechanisms; it is here that the Government have reservations about whether the legislation as set out by the noble Lord, Lord Bird, would be practicable and effective. For example, the Bill provides for the creation of a number of public bodies including, as I have already referred to, a very powerful future generations commission. The Government’s policy is that new arm’s-length bodies should be created only if there is a clear and pressing requirement—a clear need for the state to provide the function or service through such a new body, with no viable alternative. We are not convinced that the aims of this Bill meet the criteria, given the concern for the future that is embedded in the mechanisms of government policy-making. The creation of such a body could in fact leave departments off the hook, by outsourcing the thinking on this subject.
The noble and learned Lord, Lord Thomas of Cwmgiedd, referred to enforceability and extolled the potential role of the courts—as well he might. However, from our point of view, it is hard to see how legal enforceability would work in practice in relation to duties in this Bill.
The noble and learned Lord, Lord Thomas, the noble Lord, Lord Wigley, my noble friend Lord Bourne, the noble Baroness, Lady Finlay of Llandaff, and others all referred to the Welsh example. We will no doubt examine this closely in Committee. Supporters of the legislation consider it ground-breaking in the United Kingdom context to require public bodies to take a long-term view that might not come naturally; detractors see it as bureaucratic and unnecessary, a blunt tool that shoehorns longer-term thinking into a prescribed process. I am sure that we will explore whether it is a drag on policy in terms of bureaucracy or whether it has an advantage.
Regarding the longer term, many noble Lords referred to climate change. We are committed to the COP 26 conference later this year, which I hope will satisfy people ofthe concern and long-term intentions of the Government regarding sustainable goals and a sustainable world.
I hope that, if not today then in Committee, I can assure noble Lords of the Government’s commitment to long-term thinking. Despite the reservations that I have expressed about the statutory nature of what is proposed, I take the opportunity to repeat my personal admiration for the noble Lord, Lord Bird, his outstanding work and the very thoughtful debate that he provoked and which his Bill will no doubt continue to provoke in the months ahead.