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Your Lordships know the drill already but, if there is a vote in the Chamber, I shall let noble Lords know and suspend proceedings so that we can go and vote.
(1 year, 7 months ago)
Grand CommitteeThat the Grand Committee do consider the Relationships and Sexuality Education (Northern Ireland) (Amendment) Regulations 2023.
Relevant document: 44th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)
My Lords, the regulations before your Lordships today seek to update the education curriculum in Northern Ireland to make age-appropriate, comprehensive and scientifically accurate education on sexual and reproductive health and rights, covering contraception and access to abortion, a compulsory component of the curriculum in all grant-aided schools in Northern Ireland.
I understand and respect that there will be differing views on this issue. I also recognise the will of this Government to deliver on their statutory obligations. In passing the Northern Ireland (Executive Formation etc) Act 2019, Parliament decided to implement the recommendations made by the 2018 report of CEDAW, the UN Committee on the Elimination of Discrimination against Women. Section 9 of the Northern Ireland (Executive Formation) Act 2019, which passed with a majority in the House of Commons of 232 and one of 145 in your Lordships’ House, places a legal duty on the Secretary of State to ensure that the recommendations in paragraphs 85 and 86 of the CEDAW report are implemented in full. This is a specific and unique duty which arose from a vote in Parliament. In implementing this decision, the Government have always sought to ensure that the education provided would be similar to that already provided in England with regard to contraception and abortion, and these regulations do this.
It has been widely reported that there is a problem with how sexual education is being taught in schools in Northern Ireland. This has been highlighted by a number of recent studies, including by the Northern Ireland Human Rights Commission. In its report into relationship and sexuality education in post-primary schools in Northern Ireland, it recommended that a standard level of RSE be introduced throughout all schools in Northern Ireland. That was in June this year. Separately, a survey commissioned in September 2022 by a health charity, Informing Choices NI, highlighted that 78% of MLAs agreed that there should be a standardised curriculum, regardless of a school’s ethos.
I am acutely aware that education is a devolved matter in Northern Ireland—indeed, I am looking at a former Education Minister, in the form of the noble Lord, Lord Weir of Ballyholme, right now. It has always been the Secretary of State’s and this Government’s preference that the Department of Education in Northern Ireland updates the curriculum. However, with nearly four years having passed since the executive formation Act, adolescents in Northern Ireland are still not receiving comprehensive and scientifically accurate education on sexual and reproductive health and rights. This is why, on 6 June, the Secretary of State, my right honourable friend Chris Heaton-Harris, laid these regulations in Parliament to comply with his statutory duty.
This SI has the following effects. It amends the Education (Northern Ireland) Order 2006, and the Education (Curriculum Minimum Content) Order (Northern Ireland) 2007 for adolescents, to make age-appropriate, comprehensive and scientifically accurate education on sexual and reproductive health and rights, covering prevention of early pregnancy and access to abortion, a compulsory component of the curriculum. It places a duty on the Department of Education to issue guidance by 1 January 2024 on the content and delivery of the education required to be provided and places a duty on the board of governors and principal of every grant-aided school to have regard to the guidance. Also, the Department of Education is required to publish a report by 1 September 2026 on the implementation of the updated curriculum in grant-aided schools and to lay the report before the Assembly. I say in parenthesis that I trust that there will be an Assembly back in place and fully functioning well before that date.
The Government recognise the sensitivity of this topic and that some parents may wish to teach their child about sex education or to make alternative arrangements to be provided in line with their religious background or their belief about the age that their child or children should access sex education. In recognition of this, this SI also place a duty on the department to make regulations about the circumstances in which a pupil may be withdrawn from education on sexual and reproductive health and rights, or elements of that education, at the request of a parent. This follows the approach taken elsewhere in the United Kingdom.
It is important to state that this Government believe that educating adolescents on issues such as contraception, the legal status of abortion and how relevant services may be accessed should be done in a factual way that does not advocate a particular view on the moral or ethical considerations of abortion or contraception. While schools will be under a duty to teach the updated curriculum within the 2023-24 school year, there will also be a period of implementation and a need for meaningful engagement with parents and teachers. The amendments to the curriculum come into force on 1 July, in preparation for the 2023-24 academic school year. As I said, the duty on the department to issue guidance on the content and delivery of the required education will come into force on 1 January 2024.
Officials in my department, the Northern Ireland Office, will continue to work closely with those in the Department for Education. They have also been engaging with relevant educational bodies to make them aware of the changes to the curriculum. We understand that further engagement with schools, parents and young people is also very important so that they feel reassured about the content of this updated curriculum. However, it is important that children and adolescents are given the correct information so that they can make informed choices.
That summarises the changes that are introduced by these regulations, and I commend them to the Committee. I beg to move.
My Lords, I thank the Minister for introducing these regulations. Of course, the Secretary of State is not only empowered to make these regulations but legally obliged to do so. With the regulations, the Secretary of State is making a statutory duty to implement recommendation 86(d) of the report of the Committee on the Elimination of Discrimination against Women. As a result, as the Minister has told us, age-appropriate, comprehensive and scientifically accurate education on sex and reproductive health and rights, covering the prevention of early pregnancy and access to abortion, will become a compulsory component of the curriculum for adolescents in Northern Ireland.
The Labour Party fully supports these measures. On these Benches, we believe that they are a critical step in ensuring that all parts of the United Kingdom meet their human rights obligations to children in this area. All adolescents deserve age-appropriate, comprehensive and scientifically accurate relationship and sex education. For too long, relationship and sex education has been unavailable to adolescents in Northern Ireland. In May 2019, Sir John Gillen’s independent review into how the criminal justice system in Northern Ireland deals with serious sexual offence cases made a series of recommendations, including the need to include in the school curriculum for RSE matters such as consent, personal space, boundaries, appropriate behaviour, relationships and sexuality. In April this year, an evaluation by Northern Ireland’s Education and Training Inspectorate found that 44% of schools reported that they were delivering the topic of consent
“to a small extent or not at all”.
Earlier this month, the Northern Ireland Human Rights Commission, as the Minister told us, published a report into its investigations of relationship and sexuality education in post-primary schools, and found that the curriculum on relationship and sexuality education does not meet human rights standards. According to the commission, most schools are not providing
“age appropriate, comprehensive, scientifically accurate education”
on access to abortion services. The investigation also found that some schools actively contribute to the shame and stigma surrounding unplanned pregnancy and abortion by making statements such as abortion is not a means of contraception and those who knowingly engage in casual sex must bear the consequences of their actions. It revealed that some schools are teaching children that homosexuality is wrong.
In England, Scotland and Wales, compulsory RSE that embeds reproductive rights and choices within the curriculum, implementing the CEDAW recommendations, is already in place. The Labour Party welcomes the fact that today’s regulations will help to ensure that the curriculum for children in Northern Ireland meets that standard too. The Northern Ireland Human Rights Commission has welcomed the new regulations and emphasised that implementation and monitoring will be critical. Schools should support and develop their capacity to deliver RSE, and the commission and other expert independent organisations have offered their expertise to help with that.
I have read with care the Secondary Legislation Scrutiny Committee’s report on these regulations and the debate that took place in the Commons yesterday. I of course agree with my honourable friend Peter Kyle and the Minister in that debate about the need to move forward on this matter. However, there are a few matters from this report that particularly concern us. The first is the question of consultation—or lack of it, as the committee says at paragraphs 54 to 56. The Minister needs to clarify that and address it. The second is the use of outside contractors to deliver RSE. How will the Department of Education in Northern Ireland ensure that the delivery of RSE meets the updated curriculum that these regulations set in motion? Thirdly, will the Northern Ireland Office liaise with the Department of Education to provide detailed information about implementation, which the report mentions at paragraph 43? Finally, is the Minister assured that the Department of Education will have the necessary regulations in place regarding parents withdrawing their children from RSE?
With those questions, which I am sure the Minister will be happy to address, we offer him our support.
My Lords, I am watching the annunciator because I am due to speak on amendments in the Chamber. I know that we are expecting a vote very shortly, which will probably mean the suspension of the Committee, but noble Lords will understand if I leave and cannot participate in the whole debate, which I want to do.
These regulations are profoundly controversial in terms of their content and the procedure that attended their development. In the first instance, they suffer from a similar legitimacy deficit to that attending the abortion regulations 2020 on account of the fact that they are made by the same parent legislation, Section 9 of the 2019 Executive formation Act. At this stage, lest I forget, I want to challenge something that the Minister said. It was not so much that what he said was inaccurate, but that it was not the whole story. He said that 78% of MLAs voted for this. Yes, but it was 78% of 30; there are 90 MLAs and only 30 voted. That was not said, but it needs to be. However, for reasons that I shall explain, the legitimacy deficit attending these regulations is significantly more extensive.
Section 9 was the result of a vote in another place on 19 July 2019 the impact of which pertains exclusively to Northern Ireland, in a context when every single Northern Ireland Member of Parliament who took their seat in the democratically elected House voted against this provision. It becomes quite disturbing. We are always told by others who maybe have never been to Northern Ireland, or are very rarely there, “We know better than you lot that live there”. In other words, a provision that pertained only to Northern Ireland was imposed on Northern Ireland over the heads of its elected representatives.
I interrupt the noble Lord just to say that I spent the weekend before last in Ireland, just over the border, and in Enniskillen with my family. We had a lovely time.
I am glad that the noble Baroness enjoyed Northern Ireland. Most people who come to Northern Ireland enjoy it because there is so much to do and see. Right now, we can even provide the weather, which we cannot always. I am delighted to hear that she made a visit and I hope she will come back some other time.
Although there is nothing technically wrong with using the votes of other parts of our union to impose changes on specific parts of it in violation of the wishes of its elected representatives, every time that happens there is a clear legitimacy deficit. That is why apologies were subsequently issued for the flooding of Capel Celyn in Wales and the imposition of the poll tax a year early in Scotland.
However, in the case of Section 9, the legitimacy deficit is more extensive, because the Executive formation Bill had been subject to accelerated procedure on the basis that it was about just one issue, and it was widely reported at the time that the clerks in another place advised that the amendment that resulted in Section 9 was not in scope. This meant not only that profoundly controversial legal changes were imposed on Northern Ireland but that we were not even afforded the dignity of a full debate.
The noble Lord, Lord Morrow, will forgive me: the bells are ringing for us. We will adjourn proceedings for 10 minutes. If noble Lords get back faster, we will restart faster.
Thus, if you live in Northern Ireland today, you are looking not only at regulations resting on current legislation imposed over your head but at regulations preceded by no primary legislation debate at all in terms of the regulation-making power as it applied to education, relating to paragraph 86(d). The Secretary of State has not even bothered to consult on that, but I suppose that is the way things are now.
That failure to consult is particularly problematic because the NIO—Northern Ireland Office—is subject not only to the general obligation to consult on drawing up new legislation but to the specific human rights obligation flowing from Article 2 of the first protocol of the ECHR. It states:
“In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions”.
The failure to consult in this context is particularly egregious given that, when the abortion regulations were challenged in court on the grounds that there had been no consultation in relation to paragraphs 86(d) and 86(f), the court pointed out that the specific regulations it was considering had been subject to prior Northern Ireland Office consultation before the regulations were published; and that no regulations had been published at that time in relation to paragraphs 86(d) and 86(f). However, it said that, if the Secretary of State were to issue regulations to give effect to those paragraphs, he should consult. In paragraph 168 of its judgment, it stated:
“The court notes that the consultation which did take place in the context of the Regulations was limited to the issue of abortion but did not deal specifically with the issue of education on sexual and reproductive health or a strategy to combat gender based stereotypes as set out in paras 86(d) and (f) of the CEDAW Report. However, these paras are not referred to in the 2020 Regulations nor are they contained in the 2021 Directions under challenge. In the event that Regulations or Directions are made in the future to deal with those issues then there will be an opportunity for the Secretary of State to carry out a consultation”.
The Secondary Legislation Scrutiny Committee has drawn the House’s special attention to these regulations because of the absence of prior consultation on them. In its report, it states:
“In response to our questions, NIO also said that a consultation was not necessary because each school must have a written policy on how it will deliver Relationship and Sexuality Education, and that this policy should be subject to consultation with parents”.
However, that misses the vital point: the regulations before us, with the amendments that they make to legislation, will have already been made prior to any consultation on guidance that the Department for Education might hold or any consultation that a school might conduct in its place.
The SLSC rightly observes:
“It is striking that full public consultations were carried out when comparable regulations were introduced in England, and when similarly controversial regulations on abortion were introduced in NI. NIO has not offered any convincing reasons why these Regulations should be treated differently. The lack of a consultation was also the criticism most frequently mentioned in the submissions, including from teachers, parents and school governors as well as representative organisations. Other points advanced in submissions included … The Council for Public Affairs of the Presbyterian Church in Ireland argued that school governing bodies and principals should have been consulted because they will be the organisations charged with implementing the policy … The Transferor Representatives’ Council suggested that the current lack of a NI Assembly made it ‘unusual’ that the Secretary of State would act without engaging in consultation”.
Indeed, it seems to me that the Secondary Legislation Scrutiny Committee became something of a safety valve in the absence of any consultation on the wording of the regulations because, very unusually, the submissions to the committee ran to some 55 pages of text, which has now been published on Parliament’s website. Of course, that is no substitute for the consultation that should have taken place on the wording of the regulations and, in particular, on the decision to give them a name with far-reaching implications that are not referenced anywhere in the parent legislation or in paragraph 86(d) of the CEDAW report because the SLSC is not involved in drafting the regulations. Mindful of all these considerations, the SLSC states:
“These Regulations are drawn to the special attention of the House on the ground that there appear to be inadequacies in the consultation process which relates to the instrument”.
The conduct of the Northern Ireland Office has been problematic, not only because of its failure to respect due process in the drafting of the regulations but because of its failure to facilitate full, considered parliamentary scrutiny of the regulations. As the SLSC points out,
“the Regulations were brought into effect on 6 June 2023, the same day that they were laid.”
Its report states:
“We asked NIO why it had chosen to breach the convention that at least 21 days should be allowed between laying an instrument and bringing it into effect. NIO said that this was ‘to allow the DE as much time as possible to progress work on the guidance in preparation for delivery of the education’”.
My Lords, I declare an interest as a member of the Secondary Legislation Scrutiny Committee. We are joined today by the chair of our committee, the noble Lord, Lord Hunt of Wirral. I speak in a personal capacity.
I concur with our committee’s report on this legislation. I know that the rule of the committee is to consider only instruments laid before the House of Lords and to draw the House’s attention to those that meet our reporting grounds. It is then for the House to determine what further action is required.
However, with reference to this SI and its controversial nature, and the need for proper, adequate consultation—as already indicated by the noble Lord, Lord Morrow—with schools, boards of governors and churches, which in many instances own the schools, I urge the Minister to bring forward the necessary legislation to push back the implementation date to allow that consultation to take place. I ask the Minister to consider that. It would allow time for a public consultation and ensure that the policy can be fully developed.
In fact, at the weekend, I spoke to one of the principals of a Catholic grammar school in Downpatrick. He was concerned about the outworkings of the action. He is fully cognisant that we now live in a more liberal world and he feels that the content probably can be delivered sensitively, but it would be preferable if there was consultation that allowed for informed choices to be made.
I contend that the manner and content of this legislation suggests a level of arrogance on the part of the NIO and a total disregard for schools, parents and their management structures, many of which are in the faith-based sector. I feel that they have been treated with total ignominy.
The Secondary Legislation Scrutiny Committee received representations from a broad range of bodies, including all the churches in Northern Ireland, the Catholic Schools’ Trustee Service—I declare an interest as I was taught in the Catholic sector—the Controlled Schools’ Support Council, Right to Life UK, the Christian Institute, the Presbyterian Church and the Transferor Representatives’ Council. They all raised several concerns, which have been reflected in the SLSC submission to your Lordships’ House. The lack of public consultation prior to the regulations coming into effect has caused immense concern. The NIO told the committee in its responses that there was “no legal requirement” to conduct a consultation—why is that the case?—but that it had
“engaged with a range of stakeholders and statutory organisations”.
Can the Minister say which stakeholders and statutory organisations? What responses did the NIO receive? Were these responses published? What did the responses state? Was there any engagement with those groups directly involved with young people—teachers, parents, boards of governors, the controlling bodies and the churches?
The SLSC, as the noble Lord, Lord Morrow, referred to, concludes that, given the controversial nature of this policy and strong views expressed in submissions to the committee, a full public consultation “would have been appropriate”. The report also points out that other comparable policy changes, including when similar regulations were introduced for England, were subject to a public consultation before implementation. Why was there no public consultation for Northern Ireland? Why was there no recognition of the need to work with all involved in delivering education, particularly those in faith-based environments—and particularly in Northern Ireland, where the subject of abortion is highly controversial. Why was there no recognition of the need to acknowledge and respect the ethos and faith-based nature of many of our schools?
There is no doubt that full public consultation can result in improved policy-making. Sadly, we are at variance in Northern Ireland with what happened in England. If I may, I just quote what the Catholic Schools’ Trustee Service said in its submission; Bishop Donal McKeown, the chair of that service, said:
“We have a particular concern regarding the Explanatory note to the Regulations which proposes a programme of RSE that does not advocate or promote any particular opinion. This requirement runs entirely contrary to the very existence of a faith-based sector which is committed to an ethos, one which parents & carers have specifically chosen for their children”.
The submission further states:
“We would highlight the contrast between this legislative requirement and that which applies to schools in England. The House of Commons Library Report”—
Relationships and Sex Education in Schools (England) from 23 March 2023—
“notes, ‘Schools will have flexibility over how they deliver these subjects, so they can develop an integrated approach that is sensitive to the needs of the local community; and, as now, faith schools will continue to be able to teach in accordance with the tenets of their faith’. Why are these rights, passed overwhelmingly in 2019, in the House of Commons by approval of 538 MPs being denied to schools in Northern Ireland?”
Noble Lords from Northern Ireland need answers to that question. That submission also says:
“The guidance for England also makes explicitly clear that provision for RSE is set, ‘within the context of a school’s broader ethos and approach to developing pupils socially, morally, spiritually and culturally’ The requirements set out in the legislation for Northern Ireland pose a very different and, indeed, contradictory approach to that approved for schools in England”.
While the regulations were laid by the NIO, much of the detailed implementation of the policy will fall to the Department of Education in Northern Ireland. Some aspects of the policy underpinning the regulations, including procedures to allow parents to withdraw their children from sexuality education, may apparently not be developed by the policy implementation date of 1 January 2024—but maybe the Minister has a different view on that. This will be of concern to parents, and it would be useful to fully tease out and get answers on it.
I believe that parents have the right to choose what sort of sexual education their children should receive. The failure to respect the autonomy of parents in this sensitive area is alarming and contrary to any elementary concept of democratic choice. We suggest that the Government should reflect on the European convention, which states that, in the exercise of education,
“the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions”.
To coincide with the trend of inadequate explanatory memoranda that we receive from other departments—the chair of our committee will be fully aware of that—the NIO has stated in its Explanatory Notes that these regulations would have
“no, or no significant, impact on the private, voluntary or public sectors”.
I would like to know this from the Minister: how was that conclusion arrived at, and on what basis was this assessment made?
The Assembly and Executive are the rightful places to deal with such issues, and I hope that there is a restoration. A pause would therefore be suitable to allow a consultation, which would then allow a reformed Assembly and Executive to formulate a policy with legislation on sexuality education matters which is specific to Northern Ireland and takes on board the ethos and faith-based nature of many schools.
This legislation places significant new responsibilities on boards of governors and principals. I feel that it directly undermines the rights of parents and challenges the rights of trustees to promote that faith-based education. What training will be provided to schools, boards of governors and teachers? What funding will be provided during this time of difficult financial challenges for schools, which we hear about daily?
More thought and reflection are required. I ask the Minister to give that and allow a consultation to take place, as well as meetings with all those involved, to ensure that a policy is put in place that fully reflects the needs of all.
My Lords, I am sure that the Minister knows that some things will have to be repeated as he listens to this debate. Perhaps after the Members from Northern Ireland have spoken a number of times, it will indeed affect his and the department’s thinking.
In my humble opinion, which I have a right to, I confess that the statutory instrument before us today is a disgrace to any Government. Forcing all primary schools in Northern Ireland, including faith schools, to teach girls that they have a right to an abortion and telling them how to get one without their parents finding out, even if they are under age, is unbelievable in what is supposed to be a democratic society.
I thank the noble Lord for giving way and I agree with what he is saying and with what the noble Baroness said earlier. He says that there is no elected Member from Northern Ireland in the government party. Is it not even worse, in that we could end up in a year’s time with a Labour Government who do not even allow their party members in Northern Ireland to stand for election, yet profess strongly to be interested in Northern Ireland?
The noble Baroness makes her point very clearly. It is beyond challenge. The Labour Party does not permit its members to stand in Northern Ireland, so it could not have an elected representative in the other Chamber, yet it wants to impose its will on the people of Northern Ireland.
The insertion of Section 9 was deeply controversial. I believe that a majority of the people of Northern Ireland find it an offensive amendment, for which there was no prior consultation or proper scrutiny. It was added to a Bill that was supposed to be subject- narrow to the formation of an Executive, yet that legislation was brought through. In fact, not only did the Government bring it through but they did so having presented it on that narrow basis, and it was then deemed appropriate to be granted accelerated passage.
As my noble friend Lord Morrow said, the situation with these regulations is even more anti-democratic and intolerable. As other noble Lords have pointed out, the Secretary of State decided that these regulations, on education provision regarding abortion and reducing teen pregnancy, were not even worthy of consultation. What kind of democratic society are we living in where even the people are not worthy of consultation? These regulations are being imposed over the heads of parents without being preceded by any primary legislative debate at all, in terms of the regulation-making powers as they applied to education. Indeed, the Secretary of State has not bothered to consult or even give himself the semblance of democratic cover before forcing this legislation through. That is arrogance.
As I said, the democratic deficit in relation to these regulations is even worse than that relating to abortion. That is in spite of the fact that, when the abortion regulations were taken to court, the point was made that the Secretary of State had consulted on them and the court stated that,
“in the event that Regulations or Directions are made in the future to deal with those issues”
of education and sexual and reproductive health and so on,
“there will be an opportunity for the Secretary of State to carry out a consultation”.
Whenever the NIO was asked about consultation and whether it was necessary, the response was, “No, it’s not. Why would you talk to those people?” It said that it was not necessary because each school must have a written policy on how it will deliver regulations and sexuality education, and that this policy should be subject to consultation with parents. The House of Lords Secondary Legislation Scrutiny Committee pointed out that,
“school policies will only be able to operate within the already-established government guidance, meaning that such consultation is too late to affect the framework of RSE delivery”.
However, the committee also noted that,
“when comparable regulations were introduced in England”,
a full consultation was carried out. I wonder whether that was because the elected Members in the other place would have to answer to their electorate. Maybe that was the reason: the electorate had the power to change them or remove them—but not in Northern Ireland. Our Secretary of State feels that parents in Northern Ireland are too far down the pecking order to be worthy of being heard or consulted. That is contrary to the European Convention on Human Rights, which states:
“In the exercise of any functions which it assumes in relation to education and to teaching, the State shall”—
not might—
“respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions”.
Notice the word “shall”. But it has not been done.
We are witnessing a deliberate abuse of parliamentary procedure in the development of these regulations. As the Minister listens to the debate today, in the light of what he is hearing, I ask him what he will do to stop any Secretary of State abusing the powers that they feel they have over the people of Northern Ireland.
The Northern Ireland Secretary of State and CEDAW have demonstrated a total lack of respect for faith, which is very important to many in Northern Ireland. Paragraph 43 of the CEDAW report states:
“The designated members observed that young people in Northern Ireland were denied the education necessary to enjoy their sexual and reproductive health and rights. Most children in Northern Ireland attend denominational schools, either Catholic or Protestant”,
but that is not true. It is not true. Of course, does truth really matter? It seemingly does not, because that statement is totally false.
It goes on:
“Church representatives play active roles in school management boards, and the result is that relationship and sexuality education, although a recommended part of the primary and post-primary statutory curriculum of the Department of Education, is underdeveloped or non-existent since it is at the school’s discretion to implement the contents of the curriculum according to its values and ethos”.
On the one hand, it is saying that schools are either Catholic or Protestant. It goes on to tell us that the contents of the curriculum are at the school’s discretion and accord with its values and ethos. It goes on:
“Where relationship and sexuality education is delivered, it is frequently provided by third parties and based on anti-abortion and abstinence ethos”.
This attack on Northern Ireland’s Churches, at the heart of the educational problem, lacks any sense of human rights balance or cognisance that religious freedom is also a human right, let alone any appreciation of the important and constructive role that Churches have played in education, including RSE.
Just because CEDAW is supposed to be a human rights body, it does not excuse its lack of concern for religious liberty. Religious liberty and freedom were hard fought for and obtained—and cost many a life. On the right to religious freedom, this stunning failure to attempt to understand the faith ethos beggars belief.
It seems that the NIO and CEDAW are unaware of Article 2 of Protocol 1 of the ECHR, which states:
“No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions”.
There has certainly been no attempt to respect these rights, when one considers the lack of consultation with parents.
The attitude of the department in the Explanatory Memorandum exposes its ignorance to its human rights obligation under Article 2 of Protocol 1. It says:
“Timing for the Department to make regulations about the circumstances in which a pupil may be excused from receiving education on the updated curriculum is a matter for the Department. There is no guarantee this will be in place by January 2024, the point at which the Department is under a duty to issue guidance to schools on the content and delivery of the updated curriculum. This may attract criticism from faith-based schools, and some teachers and parents”.
It seems to say, “So let it be. Who are they?”
My Lords, I speak as a former Education Minister for Northern Ireland. I will keep my remarks relatively succinct, because a lot of the substantive ground has been covered by my two colleagues who spoke previously. We are also due to speak in the House on the debate on illegal migration. I join them in expressing concerns about the content of this and in particular the way it has been brought about. The phrase that keeps coming back to me in the context of the implementation of this SI is “lack of respect”: a lack of respect for the sensitivities around the issue of abortion, a lack of respect for the ethos and belief of many people in Northern Ireland, a lack of respect for the devolutionary settlement, a lack of respect for basic democratic process, a lack of respect for educational process—I will touch on that later—and a deep lack of respect for education stakeholders at so many different levels.
As has been indicated, this is something on which myriad steps have been taken and in which undemocratic process has been grafted on top of other undemocratic process. As has been said, it arises from Section 9 of the legislation, which itself had an accelerated passage and was grafted on top of a one-issue subject. Indeed, the CEDAW recommendations, which were meant to be advisory, were themselves grafted on to the issue of abortion within Northern Ireland. As has been indicated, in terms of democratic scrutiny, the provisions in paragraph 86(d) of the CEDAW report did not merit a single minute of debate when this was discussed in relation to primary legislation. Beyond that, we now see these regulations being introduced without any consultation whatever. The concerns raised in relation to that have been highlighted by the Secondary Legislation Scrutiny Committee, which also highlighted that some of the provisions will—it seems uniquely—be brought in immediately rather than after the normal 21 days.
The Minister said in his opening remarks that the Government’s intention was to put Northern Ireland in a similar position to that of England, yet that is not accurate. In England, proper consultation at least took place. There are many things done by government that all of us will disagree with to different levels but, if we are all given the opportunity to have an input through proper consultation, due process will at least have taken place. This process has circumvented that and has not put the people of Northern Ireland in the same position; it has put them in an inferior position to the people of England and Wales.
This also cuts across educational process. The noble Baroness, Lady Thornton, rightly made reference to the Gillen report. The substance of that report around RSE focused on critical issues of consent, respect for females and ensuring that relationships were conducted in a respectful manner that hopefully means that we can reduce—and, in an ideal world, eliminate—sexual abuse within that. Yet, it has to be said, this SI tackles none of the subjects at the forefront of the Gillen report. Indeed, it circumvents the work that has been going on in the Department of Education and Department of Justice on the Gillen report. When I was a Minister alongside Minister Long, we did not hold similar views on issues such as abortion—
Does not the existence of a properly run relationship education include all the things that were mentioned in the Gillen report? That is why I referred to it.
Indeed, the noble Baroness was right to refer to it, but the issue is that this SI does not touch on the main recommendations of the Gillen report. It made specific recommendations about what should be included in RSE and how departments could work together on that subject. This SI completely ignores that and puts the cart before the horse. It completely ignores and abrogates what was in the Gillen report.
As I said, Minister Long and I take a very different view on abortion; we are not at one, but we worked together through both departments to set up a joint working group on how RSE could be taken forward, particularly how the recommendations of the Gillen review could be best implemented. These regulations simply cut across that, ignoring the ongoing work, and seek to impose all these things on the NIO. Again, there is concern over where this leaves a wide range of stakeholders. Mention has been made by the noble Baroness, Lady Ritchie of Downpatrick, of a wide range of educational groups across the spectrum which have been completely ignored. I do not think that that is particularly healthy for Northern Ireland.
I have been inundated, in particular by school principals and teachers who are deeply concerned that they have, in effect, been thrown into the fire—it may come as a surprise that there are still some teachers who want to speak to me as a former Education Minister. Not all head teachers and teachers have exactly the same view on abortion; they have a range of views. However, they feel that they have been thrown in at the deep end by the Government without any prior knowledge and consultation. They will be left to pick up the pieces without a clue as to how these regulations are to be implemented.
Similarly, those who give their time as school governors—let us remember that it is voluntary—are left with the legal duty of implementing the regulations, again without any input into the process. I suspect that it is quite often difficult to find people who are willing to give their time and put their head above the parapet to be school governors, but frankly, if stakeholders are simply treated with contempt, that process will become even more difficult.
I agree in part with one thing that the Minister has said, about the need for “meaningful engagement”. Would it not have been better if that meaningful engagement had taken place before the SI was introduced? I urge the Government, if they are genuinely committed to meaningful engagement, to put their money where their mouth is, pause these regulations and have a proper consultation. It would not obfuscate many of the democratic flaws in this process or some of the restrictions in the SI, but at least it would ensure that there was the opportunity for people to have their proper say, rather than trying to shut the stable door after the horse has bolted.
My Lords, I rise to oppose these regulations, first, in the way that they have been set out. The issue has united communities of all backgrounds in Northern Ireland in terms of how the Secretary of State has dealt with these regulations, laid before Parliament on 6 June 2023. They require the teaching at key stages 3 and 4 of relationships and sexual education in Northern Ireland, covering abortion and the reduction of teenage pregnancy. They require the Department of Education to introduce a new RSE curriculum across primary schools in Northern Ireland, without any real consultation or prior warning.
Given the hugely controversial nature of the regulations and the strong views expressed against this policy, most people would have believed that a full public consultation would have been necessary.
When similar regulations were introduced in England, they were subject to a public consultation before implementation, as other noble Lords have already stated, as were similar controversial regulations on abortion when they were introduced in Northern Ireland. The Northern Ireland Office has not offered any real, convincing reason why these regulations should be treated any differently.
My Lords, I will be brief, as other noble Lords have dealt with a lot of the substance of the objections to these regulations.
The point about the lack of respect in relation to teachers, school governors, parents and elected representatives in Northern Ireland is important. There have been many representations from all communities in Northern Ireland, particularly from those sectors, about how badly treated they feel. The lack of respect in the way in which this policy has been driven is the collective responsibility of the Northern Ireland Office, although there is a particular lack of respect and, I have to say, arrogance on the part of the Secretary of State in the way in which he has publicly dismissed criticism, as he also did the other day in the committee in the other place.
The words of my noble friend Lord Hay, a mild-mannered colleague who is not given to hyperbole or stinging criticism, should be taken on board by the Northern Ireland Office. There is a feeling that the current Secretary of State has cost himself a lot of credibility with his attitude and the way in which he goes about matters; it is not helpful. I certainly do not ascribe the same criticism to the Northern Ireland Office Minister whom we have with us in Committee today, who has demonstrated, across a number of issues on which we disagree, a commendable willingness to engage, discuss and have dialogue. We may not always agree, but we certainly have found that engagement productive.
The criticisms outlined by the Secondary Legislation Scrutiny Committee in its 44th report are very strong and I commend the committee for its work. In his reply, the Minister would do well to go through those criticisms one by one and give a detailed explanation and answer to this Committee as to the accusations levelled against the Government in that report. It merits serious consideration and a serious answer: these are not trivial or small issues.
Finally, paragraph 12.2 of the Explanatory Memorandum says:
“There is no, or no significant, impact on the public sector”.
However, paragraph 12.3 says:
“An impact on the public sector is expected as the Department and will come under a duty to issue guidance … The exact impact will depend on decisions taken during the planning of delivering on the guidance. Furthermore, schools will also be under a legal duty to deliver the updated curriculum”.
Having contradicted itself in paragraph 12.3 compared to paragraph 12.2, the Explanatory Memorandum goes on, in paragraph 12.4, to reverse itself once again by saying:
“A full Impact Assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen”.
It then adds the words “free text”, which is clearly a typo. There is also a typo in paragraph 12.3. I do not know who drew up this Explanatory Memorandum, but whoever signed it off should certainly have looked at it more closely. I would like the Minister to explain what paragraphs 12.2, 12.3 and 12.4 mean, because they are contradictory.
My Lords, I am one of those people who has no connection to Northern Ireland—ones who think that they probably know better than those who live there what should be going on—who was rightly criticised earlier, so I speak with great hesitation, but having no connection to Northern Ireland allows a certain amount of detachment.
I have to say that this Government are turning out to be probably the most proconsular Government that Northern Ireland has had for decades. Even under direct rule, there was a higher level of consultation about legislation with people who actually live there than we are seeing today. We have had legislation to implement the Northern Ireland protocol and the Windsor Framework imposed on Northern Ireland without any consultation. One might say that that legislation was controversial between the communities, and having an independent arbitrator impose that legislation was a sort of necessity, however much damage it did to the fabric of the United Kingdom. We have moved on from that more recently to, for example, the Northern Ireland Troubles (Legacy and Reconciliation) Bill and the legislation imposing access to abortion services in Northern Ireland. Today, we have legislation about abortion education in schools.
In respect of the last three, one could be forgiven for thinking that the Government believe that, if they treat Northern Ireland with sufficient insensitivity and disdain, and with no discrimination between the communities, they will so unite the communities of Northern Ireland that all the political problems of the past will be put aside and resolved. That might at least be thought of as a cunning plan, but I suspect that the truth is much worse. We are seeing a loss of contact between what might be called the ruling class in Northern Ireland and the people it governs, including the elected representatives. That is not a right or sustainable position to maintain.
I rose specifically to draw attention to the powerful statement issued by the Irish Catholic bishops, who of course own and manage a large number of the schools. I was, to some extent, anticipated in that by the noble Baroness, Lady Ritchie of Downpatrick. Without repeating her, I will draw attention to a separate part of their statement. It is not simply that they oppose this legislation and what it would require them to do, but they disagree with the fundamental basis on which it arises, which they refer to as
“the recent so-called investigation of the Northern Ireland Human Rights Commission into RSE in schools”.
They have serious concern about the accuracy and fairness of that report. I quote briefly from the statement:
“Neither party took the trouble to engage with teachers in the classroom … At best, a limited paper-based exercise was undertaken which failed to recognise that in the reality of classroom teaching, teachers and schools are endeavouring to provide professional, ethically balanced, scientifically honest, and pastorally responsible age-appropriate Relationships and Sexuality formation in our schools”.
It is not simply that they disagree with it; they disagree with the basis on which it sits, which adds a further ground for objection and resentment. I suggest that Ministers should closely acquaint themselves with this statement, because it is extremely powerful and really quite excoriating.
There is a practical consideration. In no sense am I able or wishing to speak on behalf of Irish bishops and those who manage Catholic schools in Northern Ireland but, in practical terms, how do the Government think that they can require people with strong views on this topic to teach something that they believe is morally wrong and objectionable? How do they think that they can do this in practice? The most careful consultation would need to take place in order for this to be a practical measure, but that has not taken place and there is no indication that the Government are going to do it. No doubt there will be consultation, but the principle of what is required, as in the CEDAW statement, leaves little wiggle room.
Ministers should take this carefully into account. It is not simply a matter of making a law then seeing it happen. The people with whom the Government are dealing are not civil servants who will do what they are told simply because that is their role. These people have, in their view, ethical responsibilities not only to teachers but to parents. The Government cannot expect them to abandon those responsibilities simply because we have sat here and allowed a statutory instrument—a mere piece of paper that has very little weight in the minds of people with religious faith compared with their ethical beliefs—to go through. I would like to hear what the Minister has to say about that.
My Lords, like my noble friends from Northern Ireland, I rise to oppose these regulations. The noble Lords who have spoken before me have covered all the main points in both detail and structure so I will limit myself to speaking about the rights of parental withdrawal outlined in the regulations.
First, I declare my interest: many years ago, I was a teacher in an unusual school. Its intake was roughly 50% Catholic and 50% Protestant. Its ethos was to deliver a good education to all in the area. It did not have integrated status but it worked very well. In those days, there was no obligation to deliver lessons on sexual education or RSE but, of course, times have changed. It is right that young people learn about the importance of sexual maturity. However, as I said, I will limit myself to the rights of parental withdrawal.
There are two issues. The first relates to definition; the latter relates to questions of due process and constitutionality. The rights of parental withdrawal are set out in proposed new Article 10A(5), which states:
“The Department must by regulations make provision about the circumstances in which, at the request of a parent, a pupil may be excused from receiving the education required to be provided by virtue of Article 5(1A), or specified elements of that education”.
At first glance, this reads as suggesting that the regulations must grant a parental right of withdrawal. In truth, however, because the terms are not defined in the legislation, the regulations could set out the circumstances for withdrawal very narrowly. Surely this generates uncertainty; rather extraordinarily, it is an uncertainty that the Northern Ireland Office saw fit to advertise. Indeed, in the Explanatory Memorandum, the Northern Ireland Office states:
“Timing for the Department to make regulations about the circumstances in which a pupil may be excused from receiving education on the updated curriculum is a matter for the Department. There is no guarantee this will be in place by January 2024, the point at which the Department is under a duty to issue guidance to schools on the content and delivery of the updated curriculum. This may attract criticism from faith-based schools, and some teachers and parents. However, it is our assessment that education should be delivered in a way that informs children of contraception, the legal right to an abortion in Northern Ireland and how relevant services may be accessed, without advocating a particular view on the moral and ethical considerations”.
My Lords, it is a pleasure to support the Minister today—I do not very often, but I do on this matter. I begin my remarks by declaring that I am the chair of the All-Party Group on Sexual and Reproductive Health and a co-chair of the All-Party Group on HIV/AIDS.
One of the reasons why I am proud to be chair of the former is because of a woman who I never met. When I was young, I listened to my mum and my beloved Auntie Betty talking about a girl who they were at school with in the 1940s in Scotland and who got pregnant. They sat there and said, “She didnae know”. That is what happened: lots of young women got pregnant and their lives were transformed, sometimes much against their will, because they just did not know.
As a young woman in my 20s, I began to watch friends and people I knew become sick. Then, some of them went on to die. In some cases, they died because of ignorance. They died because they became HIV positive and, at that point, there was no cure. Fortunately, in the intervening period, HIV has gone on to be a condition with which people live happy, well and fulfilling lives. But I have always believed that everybody in this world has the right to information to make the right choices, and safe choices, about their body and their life. I believe that wherever they are in the world, not just the United Kingdom, but I particularly believe that it should be a right across the four nations of the UK for every young person to have access to accurate information.
Let us go back to why these regulations are in front of us. The noble Lord, Lord McCrea, read this out in his speech, which I disagreed with in many ways. But let us be absolutely clear. The CEDAW report found that, in schools in Northern Ireland, where
“relationship and sexuality education is delivered, it is frequently provided by third parties and based on anti-abortion and abstinence ethos”.
Then there is the bit that the noble Lord did not read out:
“Those factors point to State negligence in pregnancy prevention through a failure to implement its recommended curriculum on relationship and sexuality education”.
Nobody has talked about the sexuality part of it today, but we are talking about young people and HIV as well. Let us bear that in mind.
Members talked about what the Government have come up with in response as being cavalier. It is not: it is careful and considered. It is an obligation on schools to provide information on sexual and reproductive health that is age-appropriate, comprehensive and scientifically accurate.
I happen to think that, should a parent wish to withdraw their child and prevent them accessing age-appropriate, comprehensive and scientifically accurate SRH education, they would be a bad parent. Children should have the right to access that information, which keeps them safe. I understand entirely that that view is not shared by everybody else. Therefore, we have to make sure that there is a right to withdraw. That right is quite clear. Members of the Committee have made a great deal about the procedural cases put forward by the Secondary Legislation Scrutiny Committee in particular, but that committee does not say—nor has anybody said so far—that there is any intention on the Government’s part to frustrate the rights of parents to withdraw their children. That is not the case at all. It is absolutely the case that the Government are upholding their rights.
When we analyse the regulations and the Secondary Legislation Scrutiny Committee’s report, it is important to see who was lobbying the committee so hard to point out flaws and faults in the process. It was the Catholic Church, the Christian Institute and Right to Life—organisations that, at every turn, have sought to prevent women, young girls and young people accessing comprehensive sexuality and relationship education, information about abortion and abortion services. The people bringing about that influence on the committee are some of those who have been guilty of providing information that CEDAW found to be wildly inaccurate and misleading. It is not just that young people run into trouble because of ignorance these days; a lot of organisations, which sometimes present themselves as crisis pregnancy advisers, now make a business out of providing information that is inaccurate and harmful.
There is much that I can and do disagree with—
I have sat through hour after hour of debate recently—in fact, sometimes until the early hours of the morning—in which the noble Baroness’s party in particular has demanded that legislation be stopped until the Minister comes to the House with an impact assessment. Because he had not done so, they berated him over and over again. We sat for hours going over that same thing. When was the impact assessment delivered on this legislation?
I listened to noble Lords talk about the impact assessment, in particular to what they said about it in relation to providers. I think that there will be an impact. The Government have actually been quite clear, because the people who will be impacted are those who have been providing inaccurate information that has harmed children.
I listened to the noble Lord’s speech. He talked about this legislation applying to primary schools. It does not; it applies to key stages 3 and 4. We are talking about supplying age-appropriate, comprehensive and scientifically accurate information to people aged 11 to 16.
The noble Baroness will get the report; I have the speech here. In fact, I did not say that about primary schools. I said that, as far as England is concerned, it was for primary and secondary, but not in Northern Ireland.
I will go back and read Hansard. I am sorry; I did not hear that distinction. I thought the noble Lord said something different.
I want to come back to the purpose of these regulations, which is to prevent unplanned pregnancies and promote sexual health and well-being. The only question I want to ask is about the evaluation of this. It is to be evaluated and a report will be presented to the Northern Ireland Assembly, which we all hope will be back up and running by then.
This is an education matter but it is also a health matter. Why was the Department of Health not included in the evaluation? If this legislation has the effect that we hope it will, there should be an increase in health outcomes for young people in Northern Ireland. The Minister may have a technical reason why that was not the case, but will he write to me at some stage about what the process of evaluation will be?
This is far from cavalier: it is a careful and considered piece of legislation and I am happy to support it.
My Lords, as ever, I am grateful to all noble Lords who have contributed to the debate. I particularly thank the two main opposition parties for supporting the Government on regulations which earlier today passed the House of Commons by 373 votes to 28. I am also pleased to welcome to our proceedings my noble friend Lord Hunt of Wirral, chair of the Secondary Legislation Scrutiny Committee.
There is no doubt that the issues before us have generated a good deal of passion and conviction on all sides of the Committee, which I respect completely. I will endeavour to address as briefly as I can some of the points raised. The first question is about why we are doing this and bringing forward the regulations. To some extent, I addressed this in my opening comments regarding the statutory duty under which the Secretary of State is placed by—I gently remind some noble Lords who questioned the legitimacy of the legislation—an Act of the sovereign Parliament of the United Kingdom: in this case Section 9 of the Northern Ireland (Executive Formation etc) Act 2019.
For clarity, this is not an amendment or a change to the legislation that was sought or brought forward by the Government at the time. Noble Lords will remember that it was a Back-Bench amendment from a Labour Party Member of the other place, but I remind them that it was passed by resounding majorities in both your Lordships’ House and the other place. We really must respect that.
As noble Lords will recall, that legislation passed almost four years ago, yet little or no progress had been made so far in implementing it, despite extensive discussions between my department and the Department of Education in Northern Ireland, including correspondence last July from the former Secretary of State to the then Education Minister in Stormont. When officials began engaging with the Department of Education in 2019 following the passing of the Executive formation Act, they were assured that the CEDAW recommendations would be implemented—assurances that continued until around February last year. I am sorry that the noble Lord, Lord Weir of Ballyholme, is not in his place because I understand that it was while he was Education Minister in Northern Ireland that his department established a working group to amend the curriculum minimum content order.
In February 2022, the department shifted its position in a briefing paper it provided to the Northern Ireland Office, effectively arguing that the curriculum on RSE should be a matter for schools and teachers to determine —how it should be delivered, which resources to use and what specific topics should be covered. That was in conflict with the Secretary of State’s legal duties, which require that certain elements of RSE, as set out in the CEDAW report, must be compulsory components of the curriculum. Noble Lords will understand that, for a Secretary of State to fail in fulfilling his or her statutory duties is a serious breach of the Ministerial Code, and therefore it was imperative that action had to be taken. That is why these regulations have been introduced now. I contend that, given that it is four years since the legislation was passed in Parliament, we can hardly be accused of rushing.
That, of course, leads to one of the major themes of the debate this afternoon—
Can I ask the Minister for some clarification? What debate on paragraph 86(d) was held in the other place? Was there a debate?
The amendment to the executive formation Act, as it became, was put down by Stella Creasy MP in the other place, debated and passed by a resounding majority.
I am talking not about abortion but about education.
It placed a statutory duty on the Secretary of State to introduce CEDAW-compliant regulations in respect of both abortion services and relationships and sexual education.
For clarification, was education mentioned in the debate?
I do not have the Hansard from June or July 2019 in front of me but the amendment was very clear in the obligations that it placed on the Secretary of State for Northern Ireland to introduce CEDAW-compliant regulations, which are now enshrined in statute.
I was about to go on to the major themes of the debate, which is why the laying of the regulations was not preceded by a public consultation—a criticism made by many noble Lords this afternoon and contained in the report of the Secondary Legislation Scrutiny Committee. A number of factors led the Northern Ireland Office to the conclusion that a public consultation was not required in this instance. First, the CEDAW recommendation—I repeat: under the executive formation Act, the Secretary of State has a duty to implement it—is clear that it requires topics such as abortion and contraception to be compulsory components of the curriculum. That is what these regulations will introduce; no amount of public consultation will change the statutory requirement to comply with CEDAW.
While we are on that, the noble Baroness, Lady Ritchie of Downpatrick, asked me about the number of stakeholders that the Northern Ireland Office had discussed. I will just read out one or two of the organisations. There was Love for Life, Common Use, Amnesty, the National Society for the Protection of Young People, the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland, the Alliance for Choice and Parentkind.
Secondly, my department conducted an equality assessment under Section 75 of the Northern Ireland Act 1998, in consultation with the Equality Commission for Northern Ireland, and concluded that there was no need for the NIO to consult publicly as it is actually for the Department for Education to issue the guidance on how these issues are taught in schools and for monitoring and collecting any equality data.
The Minister has highlighted the various organisations that were consulted as stakeholders. Does the Northern Ireland Office not consider schools and their governing bodies across the board to be required stakeholders? If so, why were they not considered? Is that not a level of disrespect?
If the noble Baroness will forgive me, I shall address that issue in a second or two.
Thirdly, we were also informed by the Department of Education in a briefing paper that significant stakeholder consultation haud taken place on the RSE Progression Framework that it has been developing with the Council for the Curriculum, Examinations and Assessment over a number of years. This is the document that will be updated and used as guidance issued by the department.
Although the current law and circumstances dictate that it falls to the Northern Ireland Office that CEDAW-compliant RSE is a compulsory part of the curriculum, it is rightly for the Department of Education in Northern Ireland to take that requirement forward. In that context, I can inform noble Lords that the Department of Education has now assured us that it aims to launch a public consultation on both the guidance and the opt-out scheme at the beginning of the 2023-24 academic year—that is, in September—to meet the duty to issue guidance by 1 January 2024.
In reference to consultation, the court noted that
“the consultation which did take place in the context of the Regulations was limited to the issue of abortion but did not deal specifically with the issue of education on sexual and reproductive health or a strategy to combat gender based stereotypes as set out in paras 86(d) and (f) of the CEDAW Report. However, these paras are not referred to in the 2020 Regulations nor are they contained in the 2021 Directions under challenge. In the event that Regulations or Directions are made in the future to deal with those issues then there will be an opportunity for the Secretary of State”—
not the Department of Education—
“to carry out a consultation”.
Why did he not do it?
I thank the noble Lord for his speech but I have addressed the Government’s position in respect of the public consultation.
I read out the judgment of the court, not a speech from me.
I am grateful for the noble Lord’s clarification. I set out the rationale behind the Government’s decision not to proceed with the public consultation in advance of the laying of these regulations. I am not sure whether he was listening to me but I made it very clear that the Department of Education in Northern Ireland will now take forward a public consultation on these matters at the start of the next academic year, in September, with a view to meeting the 1 January deadline. I do not think that I could be clearer in my comments on that.
In addition, the Department of Education also aims to make regulations for parents to withdraw their children from the required education by 1 January 2024, thus ensuring that there will be an option for parents to withdraw their children on issues such as abortion and contraception should they so wish. That deals directly with issues raised by, among others, the noble Lord, Lord Browne of Belmont.
The regulations are not intended to be overly prescriptive—
I am sorry; I have been very generous to the noble Lord. He spoke for a long time earlier in the debate. I am conscious that other Grand Committee debates need to take place after this one so, if he will forgive me, out of respect for other colleagues —including my noble friend Lord Johnson, who is sitting patiently—I will continue.
The noble Baroness, Lady Thornton, mentioned external providers. I can assure her that my officials are in constant contact with the department and will continue this engagement, although it is principally a matter for the Department of Education in Northern Ireland.
I hope that this gives some reassurance to a number of noble Lords that the views of the public will be properly taken into account before the final guidance is issued by 1 January 2024. I can confirm that that is very much the target for publication.
I will try to be as quick as I can. A number of noble Lords raised issues in relation to the rights of parents and the ECHR. We of course respect and recognise the rights afforded by Article 2 in the first protocol to the ECHR. We assess that the regulations have been drafted in accordance with convention rights. It is the Government’s firm view that it is compatible to inform children of the legal right to an abortion in Northern Ireland and how relevant services may be accessed without advocating a particular view on the moral and ethical considerations. Providing such information would not affect the ability of parents to provide advice and guidance to their children in keeping with their religious and philosophical views, which we all respect, and therefore we are, in our view, also compatible with Articles 9 and 10 of the ECHR.
Noble Lords referred to the slight differences between England and Wales and Northern Ireland throughout the debate. The statutory guidance in England references prevention of early pregnancy and abortion and, as such, is similar to what is required under CEDAW. We believe that the regulations are the most appropriate way of meeting our statutory obligations and what CEDAW requires, while keeping as closely aligned as possible with other parts of the UK.
The noble Lord, Lord Dodds of Duncairn, referred to the Explanatory Memorandum. He has the advantage of me, in that I do not have a copy in front of me. I will endeavour to provide greater explanation of the Explanatory Memorandum in due course. My understanding is that there will of course be an impact on the department because of the duty to provide guidance, but the exact nature of that impact will not be known until the guidance has been more fully developed and is published.
I have tried, in as brief a time as possible and with respect to colleagues who are coming after me, to deal with a number of points this afternoon. If there are any issues outstanding, I will of course write to any noble Lord who requires further clarification. On that note, I beg to move.
(1 year, 7 months ago)
Grand CommitteeThat the Grand Committee do consider the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023.
My Lords, the purpose of this instrument is to ensure that the Windsor Framework, in respect of European Union directive 2014/34/EU, known as the ATEX directive, is properly implemented in Northern Ireland, including provisions regarding the UKNI marking.
I believe it would be helpful if I started today by providing some of the background to this instrument. The ATEX directive aims to prevent equipment or protective systems becoming sources of ignition in atmospheres that could be explosive if conditions lead to dangerous levels of flammable gases, mists or dusts. Settings where these conditions could arise include petrol stations and a range of mainly industrial locations such as agricultural silos, and chemical processing plants.
There are separate GB and Northern Ireland regulations covering ATEX requirements. The Northern Ireland ATEX regulations—the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) Regulations 2017—were made by the Department for the Economy in Northern Ireland. The enforcement authority is the Health and Safety Executive for Northern Ireland, or HSENI. Currently, the Northern Ireland ATEX regulations refer only to the EU market, which no longer includes Northern Ireland. Conformity assessment bodies perform the vital role of assessing that specified requirements relating to a product, process, system, person or body are fulfilled, carrying out calibration, testing, certification and inspection activities.
My Lords, I rise in support of these regulations. I declare two interests. First, I am a member of the Secondary Legislation Scrutiny Committee; it agreed with the regulations but I have certain questions. Secondly, I am a member of your Lordships’ Protocol on Ireland/Northern Ireland Sub-Committee, which now looks at the Windsor Framework. If I may, I will ask the Minister some questions.
As part of our committee’s proceedings, officials asked the department for further information about engagement with a cross-representation of stakeholders. The Government have not undertaken a public consultation. Given this instrument’s specific remit, is that normal or should such consultation have taken place? The department said that, in the absence of a functioning Northern Ireland Executive, it was not able to engage with Northern Ireland Ministers but did maintain strong engagement with Northern Ireland colleagues in the Health and Safety Executive for Northern Ireland, the Department for the Economy and the Department of Justice; no concerns were raised. Can the Minister indicate in his response the format of that engagement? Was it by email, face-to-face consultation or some other means?
Obviously, because of the Windsor Framework there will be an element of divergence in standards. How will that be managed to ensure that there are no conflicts or challenges? Who will monitor that level and degree of divergence and how will it be recorded? Is the Department for Business and Trade undertaking an audit of areas of divergence as a result of the implementation of the Windsor Framework? The noble Lord, Lord Dodds, is also a member of the protocol committee, and that is one area that we have been exploring with the Foreign Secretary. We have been trying to get that list or audit and, as far as I can recall, we have been told simply that it does not exist. It is important that that audit is conducted and updated on an ongoing basis.
From what I can see, the purpose of these regulations is to ensure that they are implemented in accordance with the Windsor Framework. What role will the EU have in relation to that implementation? Will the Department for the Economy in Northern Ireland have a surveillance role and report to the Department for Business and Trade in London to ensure that implementation is in accordance with the Windsor Framework and with proper health and safety standards? As the Minister suggested, the regulations deal with explosives, gas and petrol stations, and the output thereof.
I agree with the regulations, but I have those few questions, to which I would like a response.
My Lords, as the noble Baroness said, I, too, am a member of the committee on the Northern Ireland protocol—or the Windsor Framework, as it is now called, although the two are interchangeable, not just in name but largely in substance. It should be said by way of general comment that this particularly technical statutory instrument deals with an important area but is illustrative of the fact that, under the Windsor Framework, Northern Ireland is subject to EU law, over which no one has given their consent or had a vote or any say at all.
Regarding some of the claims made about the Windsor Framework, it sometimes needs to be remembered that, in Parliament—the other place and here—we look regularly at a whole raft of statutory instruments which implement EU law in Northern Ireland, and the implications for divergence. The noble Baroness, Lady Ritchie, will know that from our experience in the protocol committee. She and others across the board raised the important point about the implications for divergence: the continuing impact over months, years and even decades, if this is allowed to continue, of rules in Northern Ireland which will diverge from the rest of the United Kingdom, either through acts of the European Union, in areas of law which pertain to Northern Ireland under annexe 2 of the protocol, or by actions of the UK Government, now or in future, to a greater or lesser extent, in which they seek to diverge from EU rules. All these will have an impact on Northern Ireland, and in areas where we cannot foresee the outcome. That is why, although people claim that the Windsor Framework is a settlement, it gives rise to future possible areas of dispute.
When our committee at some point ceases its work, there is no evidence thus far that there will be anyone else to pick up that work. People say that the Northern Ireland Assembly will become responsible for it, when it is restored, but there will need to be a massive increase in capacity, skills and personnel to begin to grapple with the massive amount of legislation that is going to come down the track—and for MLAs to get a handle on the sort of issues that are going to arise. I worry about that.
On a couple of specific points, in relation to the lack of an impact assessment, we understand that one has not been prepared because, according to paragraph 13.3 of the Explanatory Memorandum, measures resulting from the framework are out of scope of assessment. Can I have clarification on what that means? Measures resulting from the framework—I presume that is the Windsor Framework—are out of scope of assessment. That seems a rather sweeping statement, but it is there in the Explanatory Memorandum. It seems strange that we should have such a declaration, because my understanding was not that that was the case, but I would be grateful for clarification. Maybe I have misread it or taken it wrong, but it is certainly a concerning statement that is contained in the Explanatory Memorandum.
Another point mentioned in the first paragraph of the Explanatory Notes and in paragraph 7.1 of the Explanatory Memorandum is that the European Union legislation listed in annexe 2 is implemented in Northern Ireland—that is, annexe 2 of the protocol, or the Windsor Framework as it is now called. I would be grateful for clarification, if the Minister can give it—and, if he cannot give it today, I would understand if he writes to me instead—about that statement as well. The Government have told us over and over again that the Windsor Framework removes whole areas of EU law, some 1,700 pages indeed, but the vast bulk of EU law applies to Northern Ireland by virtue of annexe 2, particularly paragraphs 5 to 10.
I would be grateful again for an explanation, although I understand if it is not possible today, but in due course, of that statement as well and its implications in terms of EU legislation. It is stated twice, in the Explanatory Notes and the Explanatory Memorandum and, if these things are meaningful, they have obviously been written deliberately and with consideration.
My Lords, I thank the Minister for his very detailed explanation of these regulations. I have three questions—or requests for clarification—for him; some aspects have already been covered but I will none the less press ahead with them.
First, paragraph 7.4 of the Explanatory Memorandum states that the Health and Safety Executive Northern Ireland previously had responsibility for
“informing the Commission and other member States … where there are non-conformity products that may be on the EU market”,
but that this responsibility will now be passed to the Secretary of State. Why was this change considered necessary and why is the Secretary of State considered the most appropriate person to carry out that function?
My second question has to a large degree been covered by the noble Baroness, Lady Ritchie. I wanted to ask why there was no public consultation on these measures, not least with the businesses in Northern Ireland that are directly affected by these changes.
The Minister has largely already covered my third question, which is about an information campaign. Given that these regulations will introduce sanctions for non-use or improper use, it is extremely important that businesses affected by this are aware of the new rules. He said that there will be a website, if I heard him correctly. Are there also plans for a more proactive approach to reach out to companies that will be directly affected—companies exporting to Northern Ireland as well as businesses in Northern Ireland that will be directly impacted?
I thank the Minister for the full explanation, which is very much appreciated, and those in the Room for their questions. A few things have been covered that I was going to pick up, and I do not have a great deal more to add. As the noble Baroness, Lady Suttie, mentioned, I was intrigued by the arrangements of the health and safety aspects, particularly the responsibilities for the Secretary of State. I look forward to the answers on that. There are some interesting questions to answer around the consultation. With all these matters, some reassurance is needed on the changes around resources, how they will be managed and, particularly, how they will be monitored. I am sure that the Minister will pick up on the impact assessment in his closing remarks. The only other aspect is around whether there will be any impact on the way that implementation in Great Britain continues and whether this will have any particular impact on that: would there be any digression from the situation arising in Northern Ireland? With those comments, I look forward, with interest, to the Minister’s summing up.
I am extremely grateful to all noble Lords for their participation in the discussion on this statutory instrument. I will try to answer the questions raised in this debate, if I can.
I start with the noble Baroness, Lady Ritchie. I apologised to her in the Division Lobbies for not completely hearing her final question. My commitment here is to focus on the changes relating to these ATEX products, so she will understand if I am quite keen to focus specifically on this regulatory change. I am very aware of the other questions raised around this, particularly relating to the Windsor Framework.
I will cover two points on consultation and, to some extent, impact. We did not undertake a public consultation, given that the instrument’s provisions are limited to making amendments for the implementation of a Windsor Framework obligation and ensuring that Northern Ireland continues to implement EU-derived product safety requirements for ATEX goods. But we did have informal discussions around product sector legislation. As I understand it, these were held with over 4,000 businesses, including manufacturers, trade associations and industry representatives by means of a series of structured interviews. There were further discussions with the Northern Ireland civil servants, the department and the Ministry of Justice. These took place in the form of emails and telephone calls. There was some discussion around the process of this SI and who was effectively responsible for these regulations. That is one of the reasons why they have taken some time to come to noble Lords’ attention.
It is worth looking also at the impact on businesses themselves. We estimate that there are just under 5,500 businesses in the UK subject to ATEX regulations—anywhere between lower and upper bands of 5,000 and 6,000. We think that some businesses may incur costs associated with familiarisation of the new requirements and the labelling, but we believe that the impacts of these changes are expected to be very limited, and the expected net impact of these changes is estimated to be about £2.5 million of direct costs to businesses, most likely relating to familiarisation, among other things.
Officials in the Office for Product Safety & Standards will provide online industry guidance, which I mentioned earlier, to coincide with the instrument coming into force to ensure that businesses have all the information they need on how to comply with the new requirements, but I certainly note the well-made comment of the noble Baroness, Lady Suttie, about the importance of ensuring that the affected businesses are well signalled. Officials are also liaising with the Health and Safety Executive for Northern Ireland, which is responsible for enforcing the Northern Ireland ATEX regulations and ensuring they have all the necessary information on doing so.
(1 year, 7 months ago)
Grand CommitteeThat the Grand Committee do consider the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023.
Relevant document: 44th Report from the Secondary Legislation Scrutiny Committee (instrument not yet reported by the Joint Committee on Statutory Instruments)
My Lords, this statutory instrument was laid on 8 June under the powers provided by the Sanctions and Anti-Money Laundering Act 2018. It amends the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 by broadening the designation criteria and introducing new financial and trade measures. These enhanced sanctions reflect, and are designed to disrupt, the ability of Belarus to support Mr Putin’s war and are designed to deter it from engaging in actions that further destabilise Ukraine.
The Government introduced their previous package of sanctions against the Belarusian regime almost one year ago. It included a range of financial and trade measures, and our trade with Belarus has subsequently dwindled. However, Belarus has continued to support the Russian invasion of Ukraine. It allowed Russian forces to use its territory as the launch pad for the illegal invasion of Ukraine. It trained Russian soldiers, supplied materiel and continues to provide logistical support to Russia.
Mr Lukashenko’s cronies continue to spread Mr Putin’s poisonous propaganda and disinformation, and there is evidence to suggest that Belarus could be providing a route to circumvent the unprecedented suite of targeted sanctions that we and our allies have imposed on Russia. I know that that has been a cause of specific concern for all Members of your Lordships’ House. We condemn the actions taken by Mr Lukashenko and his regime in support of Mr Putin’s and Russia’s illegal war on Ukraine. In response, we are absolutely determined to scale up our sanctions package against Belarus. The measures in this latest package seek to block circumvention routes and broaden our designation criteria, while adding new powers to constrain propagandists.
I will take each aspect of the package in turn. The instrument contains new trade sanctions, including a ban on UK exports to Belarus of banknotes and on a wide a range of machinery, as well as chemicals that could be used in the production of chemical and biological weapons. It will prohibit the export of precursor chemicals that could be used in the manufacture of chemical and biological weapons. This instrument also bans the import of Belarusian cement, wood, rubber and gold. This will help to further clamp down on revenue streams for the regime.
These new trade sanctions on cement, rubber, wood and machinery will align us with previous EU sanctions and, in the case of precursor chemicals and gold, they go further. The noble Lord, Lord Purvis, has often focused on this issue, so I thought I would share that with noble Lords. At this juncture, as we have said before, while we are moving in a co-ordinated fashion, there may be occasions when we are ahead of our allies or our allies are ahead of us, but the alignment continues to work well.
The measures also include further financial sanctions to prevent Belarus using money markets or transferable securities instruments. Again, noble Lords have raised this issue regularly. Belarus has sought to use such instruments to raise revenue. Thus, by taking these measures, we will be constraining its ability to support Mr Putin’s invasion.
Another key aspect of this amendment is the broader range of designation criteria, which is extremely important. It will allow us to sanction a wider range of the regimes’ facilitators, including government aides, advisers and Ministers. Where appropriate, it will also enable us to target family members of individuals already designated to prevent them benefiting from asset transfers designed to circumnavigate the bite, effect and impact of UK asset freezes.
This instrument also provides the UK Government with powers to prevent designated Belarusian media organisations spreading propaganda in the UK, including over the internet. These measures provide powers to restrict the reach of Russian and Belarusian disinformation, and go some way further to reduce the impact of the disgusting practice of posting forced confessions online.
These strategic and targeted measures will sit alongside the wide-ranging sanctions that we have already imposed on more than 100 individuals and entities for their role in the violent oppression of Belarusian civil society, opposition groups and the media. I know that this point has been raised by the noble Lord, Lord Collins, among others. We are targeting individuals including Mr Lukashenko and key members of his regime.
To conclude, as noble Lords recognise, the instrument we are debating today is part of our broader efforts to target Mr Lukashenko’s Belarusian regime for its continued support of Russia’s illegal actions in Ukraine. It is important to be clear that the UK Government have no issue with the people of Belarus. They deserve leadership that does not oppress them or ignore the interest of the Belarusian people in preference for or in support of President Putin.
We reserve the right to introduce further measures in co-ordination with our international partners. Again, I am grateful for the strong support that we have received from noble Lords, particularly the Front Benches. Should Mr Lukashenko’s regime continue to prop up Mr Putin’s illegal war in Ukraine, we will seek to act further. I beg to move.
My Lords, I am grateful to the Minister for introducing these regulations. He knows of the Liberal Democrat support for these sanctions, which has been consistent and wholehearted. He is absolutely right that the direct focus of these measures should be the regime supporting this illegal conflict, not the people of Belarus.
I am grateful for officials’ work on the very comprehensive impact assessment. Perhaps other ministries could learn from the thoroughness with which the impact assessment was put together, so I commend the officials for that. It is incredibly important that impact assessments are there and are clear, because these measures mean nothing unless they can be enforced. What level of enforcement is now anticipated?
I read the Hansard of the House of Commons’ coverage on this measure and the new financial sanctions. A question was put to the Minister’s counterpart on the resources, capacity and ability of the Office of Financial Sanctions Implementation to enforce these measures properly. If I may say so, this issue has been consistently raised by the noble Lord, Lord Collins, in previous debates on these issues. The Minister there said that the Government’s view was that £20 million had been used as penalties for Russian sanctions but there has been little information. I would be grateful if the Minister here could clarify what the impact has been already. The benefit of co-ordination, and the area of focus, has to be on ensuring that UK-based law and consultancy firms are not being used to circumvent these measures.
I am grateful to the Minister for referencing the issue that I have raised on a number of occasions: working with our allies on gold. I will return to that point in a moment.
These measures now have a heightened sense of importance, given the very recent developments. If it is the case that the Wagner Group is now effectively based in Belarus but will still operate via Moscow in many of the countries, as we are seeing, this means that these measures will be even more important.
Before I close, I want to ask the Minister about discussions with our allies. He has heard me referencing the UAE before when it comes to financial relationships. My understanding is that the Wagner operations are now likely to be based out of Minsk, although there is uncertainty about the location of Mr Prigozhin. Let us take that as a fairly reasonable assumption that the operations will still be in place.
The Minister knows about my interest in Sudan. My understanding is that the Kush project, a gold project in Sudan that has been part of the source of the Rapid Support Forces there, has been a joint project between Russians and Emiratis where the Wagner Group has been operating under contract. That has provided—the concern is that it continues to do so—a revenue stream for one of the warring parties in Sudan. My understanding is that the Kush project and investments are, in effect, still being banked through the UAE.
When it comes to restrictions on transferable securities or money market instruments, I would be grateful if the Minister could be clear that this is on the radar of the FCDO in our discussions with our friends in the UAE. These measures will not be effective at directing targeted measures towards the Belarus officials—and now, the Wagner Group—if they are still able to operate with impunity, in effect, in crisis areas such as Sudan. I know that the Minister will not be able to respond to me in detail today so I would be happy for him to write to me with specific regard to the Kush for Exploration and Production Company.
The Minister knows my view on the proscription of Wagner. I will not ask him about that because I know what he will say in response but, now that Belarus is at the eye of the internal issues in Russia and given the impact in Africa, these points will be of heightened importance. I would be grateful if the Minister could respond to them. In the generality, breadth and widening of the scope, he knows of our support.
My Lords, I, too, welcome the Minister’s introduction to these regulations. Like the noble Lord, Lord Purvis, I reiterate our continued support for the Government’s efforts to bring this war to an end. I repeat the sentiments that we expressed during the debate on the Statements made on Monday. I certainly welcome the Minister’s response on alignment and co-ordination; these are vital elements to the success of any sanctions regime. We cannot act alone.
I make just one small point: the SLSC drew attention to these regulations because it was
“surprised to learn that—16 months into the conflict—the FCDO is only now prohibiting the export of precursor materials for chemical and biological weapons to a conduit country known to”
supply these things to the Putin regime. I would appreciate some sort of response on that particular point.
My Lords, a Division has been called. I understand that there are to be two Divisions in quick succession, so I propose that we reconvene 10 minutes after the second Division starts, or sooner if we are all back.
My Lords, I was mid-flow. I was making the point about the need for strong enforcement and investigation, primarily to act as a deterrent to make sanctions more effective. My honourable friend Stephen Doughty raised this issue in the other place. He said that, according to records on the OFSI’s website, no financial penalties appear to have been issued since September 2022. In response, the Minister, Anne-Marie Trevelyan, said that she would write about the effective implementation. As the noble Lord, Lord Purvis, mentioned, she said that the
“OFSI has issued £20 million in fines so far”.—[Official Report, Commons, Third Delegated Legislation Committee, 26/6/23; col. 6.]
I am not quite sure what period she meant. She indicated that she would write to my honourable friend but I would like the Minister to respond with the details not only in his response tonight but on an ongoing basis. Parliamentarians should not only be informed but use the information about enforcement in a much more public way to ensure that it is seen that we take the sanctions seriously and that we are pursuing and implementing them, thereby ensuring that the information acts as a proper deterrent. I hope that we can address this issue. That concludes my comments; I look forward to the Minister’s response.
My Lords, I am grateful to the noble Lords, Lord Collins and Lord Purvis. I note that the noble Lord, Lord Purvis, informed me and the noble Lord, Lord Collins, that he is unable to join us as he is speaking on the next group of amendments in the Chamber. That said, I thank both noble Lords once again for their strong support for the Government’s position. I am sure that they would both acknowledge that we are constructively taking on the suggestions and practical proposals put forward in these debates to further strengthen what we are doing.
With the noble Lord’s indulgence, I will mention briefly the situation regarding Yevgeny Prigozhin, as his whereabouts and so on were raised. I am sure that noble Lords have followed the news that Mr Lukashenko has confirmed that the head of the Wagner Group has arrived in Belarus. Mr Lukashenko has also echoed comments made by Mr Putin that Wagner mercenaries should come to Belarus under security guarantees offered by him and Mr Putin. We have seen no indications that any Wagner mercenaries have so far relocated to Belarus but the prospect of their doing so cannot be ruled out. We are working closely with key NATO allies. As President Duda of Poland and the NATO Secretary-General, Jens Stoltenberg, have stated, the presence of Wagner mercenaries in Belarus is an extremely worrying development. Of course, I will keep noble Lords informed about that, but I thought it appropriate to mention it right from the start.
I will seek to answer most, if not all, of the questions raised. I take on board the final point raised by the noble Lord, Lord Collins, about transparency and ensuring that not just we in the Chamber but the public are assured that the actions we are taking are resulting in direct sanctions against those who seek either to act against the sanctions or to circumvent them. This instrument widens the scope of what we will be able to do going forward. Specific provisions in the sanctions proposal that we put forward will allow us to take further action. The broadening element of the sanctions will certainly allow us to act more quickly and with greater agility. As I said in my opening remarks, it will also allow us to act to take on board not only the principal individuals but those who may be associated, either by family or business, with those in Russia and Belarus who are subject to these sanctions.
To take some of the questions, the noble Lord, Lord Purvis, asked about resourcing and staffing. The Office of Financial Sanctions Implementation has doubled in size this financial year and continues to grow to meet the challenges of the sanctions introduced. The recruitment of new permanent staff continues following the Chancellor’s announcement in March about doubling that department’s size. In its annual report, released on 10 November 2022, OFSI said that it is scaling up to over 100 full-time employees by the end of 2022, accelerating and enhancing the ambitious transformation programme. If there are more up-to-date figures during the course of this year, we will, of course, update.
The noble Lord, Lord Collins, rightly asked about the export ban on goods and technology related to chemical and biological weapons. Of course, we continue to review all our sanctions, which are designed to evolve over time to maintain effectiveness and apply increasing pressure. The export of goods and technology related to chemical and biological weapons that is now in place is designed to replicate measures that we have already taken against Russia. This will ensure that we prevent the possibility of such routes being circumvented via Belarus in the event that Russia tries to exploit any potential avenues. I take the noble Lord’s point about the importance of acting with greater agility and dynamism. That is why I go back to the broad nature of the sanctions provisions in terms of the structure that we have proposed.
On the issue of circumvention, the noble Lord, Lord Purvis, asked about a particular entity. I can share with noble Lords that we are engaging with third countries to close down routes that Belarus—and Russia, for that matter—could potentially use to circumvent our sanctions. The noble Lord may be aware that I was in the UAE recently. Of course, Russia’s illegal invasion of Ukraine and the issue of sanctions were discussed. Noble Lords may be aware that, on 31 March, the Central Bank of the United Arab Emirates announced that it would cancel MTS Bank’s Abu Dhabi licence, taking into account the sanction risk associated with the bank after its designation by the UK and the US. These latest measures on Belarus are also designed to close down potential avenues for circumvention. I mention that because it is a practical example of how countries are taking action more broadly.
The issue of Wagner in Africa was also raised. We are aware of the US Treasury’s announcement on Wagner Group sanctions on 27 June. We have repeatedly highlighted Wagner’s destabilising role in Mali and other parts of Africa. However, we need to look at this and scrutinise it closely; it is an evolving situation, and the events over the weekend demonstrably showed how quickly things can change on the ground. We are analysing the impact of the events of last weekend.
The noble Lord, Lord Collins, raised the issue of media freedom, freedom of expression and unintended consequences. Of course, the UK is committed to international law, upholding freedom of speech and open, transparent and independent media. We refuse to use information in the same callous way as those in Russia and Belarus. We shall continue to hold ourselves to the highest standards, and we have demonstrated this leadership. I take on board the noble Lord’s point about ensuring that there are no unintended consequences but, as we keep these sanctions under review, we will ensure that in any such cases, if they are brought to our attention, any unintended consequences of these sanctions are put right.
There was a broader issue of how we respond to those who perhaps feel that the sanctions provide limited assistance on the humanitarian front and on food security. We continue to make the point that there are humanitarian provisions in all the sanctions, including on the issues of food security. To be clear, and for the record, the challenges that the UN-designed Black Sea grain initiative faces and the limitations that we see are not down to the sanctions. It is Russia that continues to limit the number of vessels that are taken out. Recently, when I was in Turkey, that was a key point of our focus and our exchange with key colleagues.
The noble Lord, Lord Collins, raised the issue of human rights and international law, which I have covered. The disinformation issue will be ever evolving, and we need to remain vigilant to how information is used, or how disinformation is utilised by those in Belarus and Russia.
The noble Lord, Lord Collins, also raised potash. This SI has no impact on potash production, but the import of Belarusian potash has been prohibited since August 2021. That is not the cause of the increased cost of food since Mr Putin’s invasion. I have already covered the points that the noble Lord raised on chemical weapons.
We are always looking at how we can strengthen the resourcing and effectiveness of our enforcement. On 13 March, my right honourable friend the Prime Minister announced a new economic deterrence initiative to boost our diplomatic and economic tools to respond to hostile acts by current and future aggressors. With funding of up to £50 million over two years, the EDI will improve sanctions implementation, as well as transparency and enforcement. The noble Lord, Lord Collins, raised that important point.
To conclude, I am again thankful to noble Lords for their participation, but I am particularly grateful to the noble Lords, Lord Collins and Lord Purvis, for their strong support and that of their respective parties for the Government’s actions. That yet again sends a united message, in this instance to Belarus and to Mr Lukashenko directly, that we will act together and in unity.
It is firmly in the interests of the UK and our allies to continue supporting Ukraine in the face of Russia’s assault and to impose a real cost on Mr Putin and his supporters, including other countries, for his flagrant attack on the international rules-based order. This enhanced package of sanctions will restrict Mr Lukashenko’s ability to support Mr Putin’s war and any efforts to circumvent the unprecedented package of international sanctions already imposed on Russia. We are grateful for the solidarity across Parliament for the actions that we have taken in response to the invasion to date. I assure the Committee that we will continue to work co-operatively and to update the House accordingly.
(1 year, 7 months ago)
Grand CommitteeThat the Grand Committee do consider the International Atomic Energy Agency (Immunities and Privileges) (Amendment) Order 2023.
This instrument was laid before Parliament on 5 June, in accordance with Section 10(1) of the International Organisations Act 1968. A correction was made on 7 June to amend an error in a date referenced in the order. It is subject to the affirmative procedure and will be made once it is approved by both Houses before being put to the Privy Council.
The order’s primary purpose is to correct an omission in the privileges and immunities granted to the International Atomic Energy Agency—also referred to as the IAEA or the agency—under the 1974 order. In the Agreement on the Privileges and Immunities of the International Atomic Energy Agency 1959, signed by the UK in 1961, the UK agreed to provide privileges and immunities to representatives of agency members attending any international conference, symposium, seminar or panel convened by the agency. This language was not entirely reflected in the subsequent 1974 order. The proposed amendment allows the UK to fulfil its obligations to provide privileges and immunities to representatives of members attending agency-convened events in the UK. The amendment also clarifies that representatives of members as defined in the 1959 agreement includes
“governors of the Agency’s Board of Governors and representatives, alternates, advisers, technical experts and secretaries of delegations”.
The Government consider these privileges and immunities both necessary and appropriate to deliver on the interests and commitments that the UK has towards the agency. They are within the scope of the International Organisations Act and in line with UK precedents. The amending order confers no new privileges and immunities but expands the range of meetings where they apply, in line with the 1959 agreement. The provisions of that agreement have previously been applied operationally and meetings of the agency have been held in the UK without incident. However, we cannot continue to bear the risk of our domestic legislation provisions being at odds with our international treaty obligations. It is therefore right that this amending order be passed to allow the UK to fully meet its commitment to provide privileges and immunities to representatives of members attending agency meetings in the UK.
My Lords, I thank the Minister for his brief but comprehensive introduction to these regulations. I apologise on behalf of my noble friend Lord Purvis of Tweed, who is currently in the Chamber dealing with other matters. We broadly support these measures.
My noble friend was quite keen to ask a question about paragraph 4 in the Explanatory Memorandum, about the situation vis-à-vis Scotland. It says there that a separate Scottish Order in Council would be prepared. Will the Minister say whether there is yet a timetable available for that, and have these proposals already been agreed by the Scottish Government? Otherwise, we welcome these regulations from these Benches.
My Lords, I, too, thank the Minister for his introduction. I am extremely grateful for his very helpful letter of 12 June explaining why such agreements sometimes differ between different international organisations in how they are set out. I hope that a copy was placed in the Library of the House.
The noble Lord quite rightly pointed out that this instrument corrects discrepancies in a 1974 order which implemented a 1959 immunities agreement giving immunities and privileges across a range of events. I have one basic question: I looked in the Explanatory Memorandum to better understand why it has taken almost 50 years to realise the error. Could the Minister offer an explanation? It may be rather straightforward, but I could not see it in there. This struck me: if this error has been brought to the department’s attention, was anyone impacted by it, and do we need to address anything around detriment to an individual?
I was also grateful to the Minister for pointing out the importance of the 29th Fusion Energy Conference, which will be hosted by the IAEA in London in October, and the range of people who will be attending. Can he tell us a bit more about what the Government are doing to prepare and to offer support to ensure that the conference is successful? I look forward to the Minister’s response.
I am grateful to noble Lords who have contributed to this discussion. In a sense, this legislation is part of our preparation for the event. It is a requirement for us in order to be able to meet our internationally agreed obligations. It is worth pointing out that the privileges and immunities granted to representatives of member states are a requirement of the UK hosting IAEA events. Ministers have looked at the requirement, and I believe a number of questions were raised in the other place about certain countries being involved. Ministers and officials have considered the requirement and any possible associated risk but, as host of the event, the UK has to honour the invitations to all 176 members. As a consequence, we expect a high attendance. We think there will be between 1,000 and 2,000 delegates, although clearly, we do not yet know how many there will be.
On the question about the devolved Administrations— I will come back to how the error was spotted—the 1974 order and the amending order extend to the whole of the UK, but there are some provisions that do not apply in Scotland. The opportunity has been taken to clarify which of the provisions in the 1974 order will apply to Scotland in so far as they are within the legislative competence of the Scottish Parliament. Article 2 inserts new Article 3A into the 1974 order, which clarifies that position. A separate Scottish Order in Council will therefore be prepared in respect of those amendments within the legislative competence of the Scottish Parliament. It will be laid before the Scottish Parliament soon.
The error was spotted only recently—I think because of the organisation in the run-up to the event that we have been discussing. I believe that it was the colleague sitting behind me who spotted the error. It was immediately agreed that the correction should be made to ensure that we comply with international law.
On the agency itself, the IAEA is a key partner for the UK for all the reasons that I described in my opening remarks. Its work to promote nuclear technologies and ensure that they are peaceful, safe and secure is key for countering proliferation, preventing accidents and facilitating the use of nuclear power for energy security and climate goals. I know the Committee has a keen interest in the UK’s relationship with the IAEA. As has been noted, passing this amendment will correct a historic error and ensure that we are able to meet our international obligations. It will enable us to successfully host the event that we have discussed in this exchange. That just leaves me to thank the Committee for its time and questions.
Will the Minister answer my supplementary question about whether there has been any impact?
My understanding is that there has been no impact. I looked over my shoulder to confirm that and I got a nod, so I believe that I am right in saying that there has been no impact. The provisions had previously been applied operationally, and meetings of the agency have been held in the UK without any incident. However, the judgment is that we cannot continue indefinitely to bear the risk of our domestic legislation being at odds with our international treaty obligations. There have been no incidents. With that, I trust that the Committee will support the order.
(1 year, 7 months ago)
Lords ChamberTo ask His Majesty’s Government what financial assessment they have made of the benefits to the United Kingdom’s economy arising from scientific discoveries or advances achieved as a result of the United Kingdom’s former participation in Horizon Europe.
We are moving forward with discussions on the UK’s involvement in Horizon Europe. That is our preference, but our participation must work for UK researchers, businesses and taxpayers. If we are not able to secure association on fair and appropriate terms, we will implement Pioneer, our bold and ambitious alternative. Our participation in previous European programmes had positive employment and commercial effects, hence our position on Horizon Europe and our development of Pioneer as an alternative.
Since my noble friend is obviously struggling to answer the question and quantify the benefits to the economy of our former participation in Horizon Europe, can he explain why the Government appear to be so keen to rejoin? If they are going to rejoin, will he consider at least getting an opt-out from clusters 2 and 3 of Pillar 2, which fund social sciences research, from which I really cannot see any advantage at all to the working people of this country, who are being expected to pay for them?
I thank my noble friend for the question. The Government really do see benefit in our past and, I hope, future association to Horizon and its predecessor programmes. Analysis of our participation as a member state in the previous framework programmes found that UK participants received approximately €7 billion in framework programme 7. That represented 15.4% of the total awarded, which exceeded by 16% what would have been anticipated on the basis purely of our GDP share. As regards the pillars we would join, I note that under the terms of the TCA, we opted out from the Pillar 3 equity fund but otherwise elected to join all the remaining pillars, and those are the terms under which we continue to seek association today.
Does the Minister accept that the main benefit that universities see in Horizon is the potential to build close and lasting partnerships with institutions on the continent, for which there can be no domestic substitute? It is from those partnerships that the benefits about which the noble Lord, Lord Moylan, inquired flow in great measure.
Indeed, and the Government recognise very strongly the benefits of collaboration not merely with the EU 27 but globally. The range of benefits includes not just academic benefits but the ability to build our R&D capacity; employment effects; commercial benefits, of course; and leveraging in additional investments as a result of the research.
My Lords, do His Majesty’s Government have any other metric of assessing the benefits of membership of Horizon Europe beyond the purely financial that the noble Lord, Lord Moylan, is looking at? Already, we have heard about patterns of co-operation. At this point, I was going to declare my interests as stated in the register, but I might just point out that I am a professor of European politics, which fits into social sciences, so I do believe that co-operation can be very beneficial.
Indeed. As the specific analysis for association to the Horizon Europe programme is currently being negotiated, I cannot comment on what the analysis is there. I can say that, going back to framework programme 7, the predecessor programme to Horizon, almost 91% of UK participants stated that their project would not have gone ahead had they not participated in FP7. That equates to roughly 41,000 partnerships at risk of never having happened and 29,000 collaborations with non-UK participants potentially lost.
My Lords, Horizon framework programmes and Horizon 2020 programmes contributed enormously, as the Minister just said, to research and development in the United Kingdom. But coming back to social sciences and humanities, the figure quoted was over £600 million of EU funding, particularly to Oxford University. So it does have economic benefits.
I take the point, but I am not sure there was a question there for me to answer.
The benefits of Horizon are frequently asserted but very rarely demonstrated. Often those assertions come from those who have a vested interest, having been recipients under the old system, as indeed the noble Baroness, Lady Smith, was just honest enough to admit in the form in which she put her question. Will my noble friend the Minister tell me whether the Government have done any cost-benefit analysis of Britain joining on the terms the EU is demanding?
Indeed. As all noble Lords would expect, a very detailed and comprehensive value analysis has taken place as part of the current ongoing negotiations to associate with the Horizon programme. In the words of the Chancellor yesterday, the negotiations have reached a point that is “crunchy”, and for that reason, I cannot discuss any of the details of our negotiating position, not least our evaluation of various outcomes.
My Lords, if we are going to quote important people in relation to this debate—and I commend the noble Lord for asking this Question, although I disagree with him—can I point out that the president of the Royal Society, Sir Adrian Smith, is on record as saying that people are leaving Britain to do research elsewhere or not coming to Britain because we are not members of Horizon Europe? The Nobel Prize-winning scientist, Sir Paul Nurse, head of the Francis Crick Institute, has said that every month that goes by without an agreement is deeply damaging both to science and to the country. Does the Minister agree, and if so, what are the Government doing about it and when will they make a decision?
As I have said, the Government’s preferred position is to associate to the Horizon programme. As to what we are doing about it, we are negotiating purposefully with the EU to bring that about. However, that association has to take place on fair and appropriate terms. Should we not be able to secure those fair and appropriate terms, we will implement Pioneer, our bold and ambitious alternative.
Can my noble friend the Minister reassure us that the Government see that there is a world beyond white Europe—that there is much innovation across the world, not just in the EU? While of course we want to be members of the Horizon scheme, we should not enter at any price. An example I would give is that when I was an academic, we got money from the Jean Monnet fund, and it insisted that we rename our international business course “European business”—a small European view of the world, when we should be looking globally.
I thank my noble friend for making that important point. When talking about Horizon, we often slip into the language of concerning ourselves only with collaborations with the universities of Europe. Nothing could be further from good scientific practice or, indeed, from anybody’s intention.
We recognise the Government’s ongoing safety net for researchers in the absence of the Horizon programme. It is welcome. However, it is the continuing uncertainty that has led to the drop-off in participation and, as we have heard, projects moving overseas. As a member between 2014 and 2020, the UK received a disproportionately beneficial amount of funding, leading to ready-made routes and established funding streams into a range of projects, covering heritage, AIDS vaccines, autonomous vehicles, aerospace manufacturing, and noise pollution. This is urgent. When can we end this uncertainty? Can we have a clear route to the decision-making process that is needed?
My Lords, I would like nothing more than to give a definitive date by which a decision will be made one way or the other. The negotiations are ongoing and at a mature stage, with purpose on both sides. More than that I cannot say for fear of prejudicing their outcome.
My Lords, it is now four months and a day. The urgency has been rather absent in the various remarks of the Government. I support the comment made by the noble Baroness, Lady Blake. This is a straight argument about money, and if one tries to amortise this amount of money over one or one-and-a-bit Horizons, you come up with a difficult analysis, where it looks very expensive. If you try to amortise it over several Horizons, you suddenly realise—this applies to both parties in this negotiation—that one is arguing about a row of beans. Can the Minister give us some comfort at least that the British side is seeking to amortise the costs involved over a number of Horizons and therefore is beginning to see that this is not a very large amount of money?
Yes, I very much take the point that scientific research does not take place over intervals of seven years but is a long-term undertaking and an important endeavour. Certainly, the Government’s thinking is very much aligned with that. I hope that my words can convey some of our sense of urgency but in these negotiations, we cannot set firm deadlines.
(1 year, 7 months ago)
Lords ChamberTo ask His Majesty’s Government when they intend to bring forward legislation to create Great British Railways and progress contractual reforms for train operators.
My Lords, we will progress legislation to establish Great British Railways when parliamentary time allows. New passenger service contracts will balance the right performance incentives with simple, commercially driven targets that will ensure a central role for the private sector in delivering for customers.
My Lords, the short response to that would be to ask why it has not been done before. The current subsidy to the railway industry is about three times more in real terms than it was to the much-maligned BR in the 1990s. Legislation to bring forward an organisation that will put together the disparate but essential parts of the railway industries, such as track and train, is long promised and long overdue. The present system pleases neither passengers nor staff.
I am seeking a question in that comment. I can say that the number of passenger journeys is now significantly higher than ever it was under British Rail. Between January and March 2023, there were around 400 million journeys, which is an astonishing achievement. There are so many things that we can get on with when it comes to Great British Railways—just one example being the long-term strategy for rail. We have received hundreds of responses to the consultation for that, which we will be publishing later this year.
My Lords, at the George Bradshaw address in February, the Secretary of State for Transport said that Britain has
“a broken model. Unable to adapt to customer needs and financially unsustainable”.
Given this devastating judgment by the Secretary of State only five months ago, why have the Government abandoned the plans they had to introduce legislation to create Great British Railways within this Parliament? Why is it now possible to adapt, when in February the Secretary of State said it was not?
I think the noble Baroness is reading a little too much into those comments. The Secretary of State is completely right that the current financial situation is unsustainable, but at no time did he say that plans to set up GB Railways had been abandoned. He also set out all the different steps that we can take without legislation—for example, contactless payments, simplifying fares, looking at the existing national rail contracts and entering into local partnerships. All those things are being done.
My Lords, I declare my interest as chairman of Transport for the North. I agree with my noble friend the Minister about the remarkable transformation we have seen in the railways since privatisation and the huge increase in passenger take-up, from 700 million journeys to 1.8 billion in the year prior to the pandemic. Does my noble friend agree that there is a malaise at the moment within the industry as to what the future direction should be? Too much at the moment is being controlled by the Department for Transport, which is, of course, controlled by the Treasury. That is not the best way to run a very successful industry. That is why we need GBR as soon as possible.
I point my noble friend back to the long-term strategy for rail, which will help the industry to understand what the medium-term future for the railways looks like. As to what we have been doing to increase revenues and free up the train operating companies, we are looking at the current railway contracts and at ways to put in stronger revenue-incentive mechanisms and allow train operating companies to put resources into increasing revenues.
The Minister will have heard strong support for the establishment of Great British Railways across the House. This is an innovation that I think would survive a change of government, if one were to occur next year. Would it help her if she took a look at the Deregulation and Contracting Out Act 1994, and the establishment of an SI under that Act, which would enable the department’s franchising functions to be devolved to GBR if we are not to have primary legislation?
I am very grateful to the noble Lord for his helpful intervention.
My Lords, can my noble friend provide assurance about some of the small schemes that are in waiting, such as the Ely junction enhancement which will have benefits east, west, north and south?
The Government are investing record amounts in the railways. In control period 7, between 2024 and 2029, we will be investing £44 billion in infrastructure. Obviously I cannot comment on specific schemes at this time, as the RNEP will be published which will set out which enhancements we are able to prioritise.
My Lords, as a regular champion of LNER on the north-east coast, a nationalised rail company run by the Minister’s department, can I ask whether there has been any assessment by the Government of why this train company appears to be head and shoulders above all other privately run train companies in the UK in public acclaim?
There are so many factors involved in looking at comparative performance between the different train operating companies, and the Government publish as much data as they can. I pay tribute to staff at LNER, and agree that it offers a great service. However, I took a train up to Norwich last week, and I had great service on that too.
My Lords, amid the claims about the number of journeys, what about the cost? It is now cheaper to fly to New York than to travel from Manchester to London on the train.
The Government are always looking at what we can do to improve the services and passenger experience on our railways. We are looking at simplifying fares. The noble Lord will know that we have introduced single-leg pricing on LNER and are looking to potentially do a trial around demand-based pricing. All of these things will serve to put downward pressure on prices.
My Lords, I declare an interest as a regular Avanti user. I have been in correspondence with the Minister about the train service fairly frequently. Does she accept that, if one of the big objectives of this Government is to level up between the north and the south in England, and to provide good connections to Scotland, a decent service on the west coast main line is absolutely essential? That does not exist. The proposed legislation, as I understand it, is very short; it is enabling legislation. The fact is that the Government have taken a political decision not to go ahead with this, and I would like her to explain why.
I cannot explain the reason why because that decision has, of course, not been taken. The noble Lord mentions Avanti, and I pay tribute to Avanti, because the quality of its services has improved enormously recently. At the end of May, cancellations on Avanti were just 1.4%—which is very good among train operating companies—and 93.8% of services were “on time”, meaning within 15 minutes of arrival time. Those figures do compare favourably.
Does my noble friend find echoes in the exchanges this afternoon of that old adage of the steam train going up and then down the hill: “I think I can. I think I can. I think I can. I thought I could. I thought I could. I thought I could”?
My Lords, I think the Minister said in an earlier answer that the Government planned to bring forward a Bill when parliamentary time allowed. Does she accept that there is virtually no legislation in the Commons at the minute? The Commons finished last week, or the week before, at 2.37 pm, before we had hardly started. There is parliamentary time. It is a short Bill. Frankly, that is not a reason or an excuse; it is a smokescreen.
I do not want to be the one to remind the noble Lord that there are two Houses in Parliament. Your Lordships’ House actually has quite a lot of legislation going through.
Does my noble friend agree that there would be more parliamentary time if the Liberals did not table so many amendments, and speak at length on them, at late stages of Bills?
My Lords, in May 2021, in CP 423, the Government set out their vision for Great British Railways:
“Under single national leadership, our railways will be more agile: able to react quicker, spot opportunities, make common-sense choices, and use the kind of operational flexibilities normal in most organisations, but difficult or impossible in the current contractual spider’s web”.
Given the delay since then, are the Government still committed to this vision, or do they accept the ongoing chaos that is the national railway today?
The Government remain committed to that mission. Indeed, so much of what we are doing with the railways at the moment is in pursuit of that mission. For example, the Rail Minister has asked the Great British Railways transition team to look at simplification of the railways—at how to simplify the complex rules and processes which exist in rail and which do not need to. That process will be completed later this year.
(1 year, 7 months ago)
Lords ChamberTo ask His Majesty’s Government what action they plan to take following the publication of the DEFRA report Life Cycle Assessment of Disposable and Reusable Nappies in the UK 2023.
My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I acknowledge support in work on this issue from the reusable nappy industry-linked Nappy Alliance.
My Lords, Defra’s assessment of disposable and reusable nappies concluded that no type of nappy clearly had better or worse environmental performance across its life cycle. We have no plans to take further policy action on nappies at this time. We hope that industry will use the report to continue to improve the environmental impact of nappies, and that it helps consumers make the best choice for them.
I thank the Minister for his Answer, although I find it somewhat astonishing. I am not quite sure that he is looking at the same report I am, given that it shows that reusables are 25% lower for carbon emissions right now. If you have a green electricity supplier they are 93% better, and in terms of material outputs they are 98% better. This report clearly shows that if the Government want to deliver on their waste reduction, carbon emission and plastic pollution targets, as well as saving so many families money, they should work towards reusables.
I wish it was as simple as that. The noble Baroness is absolutely right with her figures on the global warming potential of reusable versus disposal nappies. However, reusable nappies have a higher environmental impact in 11 categories. These include terrestrial acidification, marine eutrophication—the noble Baroness shakes her head, but it is in the report—fresh water and marine ecotoxicity, an issue she has raised with me before, human carcinogenic toxicity, mineral resource scarcity and domestic water consumption. If you look at this in a one-sided way, as somebody once said, with every action there is an equal opposite reaction.
My Lords, in researching this Question I asked an expert—my daughter, who has four children and has used both types of nappies. In comparing the impact of reusable versus disposable nappies, nobody seems to have factored in the amount of time it takes to do all the washing of cloth nappies. She had to give up cloth nappies when she went back to work. Some 3 billion nappies are thrown away into landfill every year in the UK. This is literally a terrible waste and the Nappy Alliance, as the noble Baroness alluded to, is calling for a national nappy waste strategy. Are the Government planning to produce such a strategy? If not, why not?
With five children, I should perhaps also declare an interest. I like to think I pulled my weight, though my wife might disagree. The noble Baroness’s point about 3.6 billion nappies is right. About 78% of those go into incineration but 22% go into landfill, which is 22% too much. We have looked at this in a number of ways. Local authorities have the lead on this, and it is about supporting them to have schemes that work locally; the Government do not feel we can take action at a governmental level. There are many other—if noble Lords can excuse the expression—crocodiles closer to the canoe in terms of tackling environmental problems. Textiles and plastic are an absolute priority for us, but we certainly want to support local authorities in trying to achieve better disposal of nappies in the future.
My Lords, on a subject related to nappies, a recent House of Lords report recommended banning non-degradable wet wipes; the Government response was that they will ban wet wipes subject to consultation. I find it hard to believe that any consultation is really needed. If it is a procedural requirement, can the Minister tell us how soon this can be completed and a ban put in place?
In the Plan for Water published in April we said that we were going to do this, and 96% of respondents to our call for evidence supported a ban on wet wipes. More information on the proposed timing of any ban will follow the announcement of the details of that consultation.
My Lords, the life cycle assessment study showed that the environmental impact of reusable nappies varied greatly depending on how they were laundered—for example, not tumble-drying and using lower temperatures. Are the Government prepared to look at incentives to encourage the use of reusable nappies and at the same time provide information, working with manufacturers, as to how best to wash and look after them to have the least impact on the environment? We really need to get to the bottom of this issue.
Congratulations to the noble Baroness on the joke of the day. We want to assist consumers in making the right choices. The Competition and Markets Authority has produced guidance on green claims and is investigating both how products and services could be more eco-friendly and how they are marketed—that is one part of it. The noble Baroness is right. We calculate the figures on potential nappy use in future on children being potty-trained by the age of two and a half. I am sure that most noble Lords were probably nappy-trained within two and a half months. If we can encourage the better use of green tariffs and other uses of electricity, as the noble Baroness, Lady Bennett, mentioned, I am sure that the differential between disposables and non-disposables can be improved.
My Lords, I implore the Minister, in answering this very important Question before your Lordships’ House, to ensure that he does not throw the baby out with the bath-water.
I have run out of ribald replies. This is a serious matter: nappies account for about 4.5% of the waste that local authorities have to deal with. With plastics, textiles and everything else, it is important that we tackle this. I will try to think of another ribald reply for the next question.
My Lords, I must confess that I am not an expert on nappies, despite the rumours and attacks that I get from the Scottish nationalists about incontinence. However, in view of the absolute shambles that the Scottish Greens have made of the deposit return scheme, will the Minister be very wary of anything put forward by their English counterparts?
I think we all want a deposit return scheme, which is a very important way of recycling more products, but the coalition between the Greens and the Scottish National Party has created a disaster zone and has actually put the whole thing back. I think we are now on track to have a scheme that will be a UK-wide common standard for similar products, which has long been needed. That will be better for Scotland, the United Kingdom and the environment.
Can the Minister tell us the estimated cotton content of the various nappies? If there is a figure, who has done the checking to make sure that none of that cotton comes from Xinjiang in China?
The noble Lord will not be surprised that I do not know that figure. I know that the impact of carbon on the environment has dropped considerably since the last life cycle assessment in 2008. That is welcome and we want to see more of it, but we also want to make sure that all our policies on plastics are feeding through to this area of waste management, and that we are tackling the issue of where the products come from, which is entirely right.
My Lords, can the Minister say how much we have spent on the wet wipes survey? It seems a complete waste of time. I would like to know how much money his department has spent on this useless exercise.
I cannot tell the noble Lord how much we have spent, but if he is criticising my department for asking the people who use these products, those who manufacture them and those who are seeking to create alternative ones that are more environmentally friendly, I do not accept that. It is important that we engage. I do not think we should consult on everything all the time, and sometimes we are rightly criticised for doing too much consultation, but we want to get this right.
(1 year, 7 months ago)
Lords ChamberTo ask His Majesty’s Government, following the recent announcement of staff cuts in the Faculty of Arts and Humanities at the University of East Anglia, what steps they are taking to support the study of the arts and humanities in higher education.
My Lords, we are supporting the study of the arts and humanities across our education system. Our EBacc ambition has humanities at its heart in order to increase the number of pupils studying these subjects at GCSE and beyond. We are introducing higher technical qualifications and T-levels in creative arts and design, and continue to support our higher education institutions, including maintaining funding for our world-leading specialist providers at £58 million for the 2023-24 financial year.
My Lords, would the Minister acknowledge that these cuts, while shocking in themselves, are simply the latest in a pattern of such cuts at universities across the country? In practical terms, they are to make savings, but more materially, they are the result of a long-term downgrading by this Government of arts education from primary school to university. The UEA cuts include creative writing, yet its globally renowned MA course has produced Booker and Nobel Prize winners. Does the Minister appreciate that, if the Government continue with their destructive policy towards arts education, in the end it will be our global reputation which suffers?
I absolutely do not accept what the noble Earl has just asserted. If we look at full- time undergraduates undertaking arts and humanities courses, at a time of significant growth in our undergraduate population, the figure is almost unchanged between 2019 and 2022—from 20% moving to 19%. The percentage of disadvantaged young people undertaking these qualifications has also been stable. Looking across similar providers which have a significant percentage of arts and humanities provision, a number of them are in a comparably much stronger financial position.
My Lords, this is a sad and very tragic event for the University of East Anglia, where I had the great pleasure of lecturing at one time—the time of our beloved friend Patricia Hollis. It is bad news for a distinguished department at a good university. It is also showing a very limited appreciation, both by the Government and by the funding councils, of the balance and way of assessing the merits of different university subjects. This seems to be a sad and deplorable cheapening of our universities, at a time when many other universities in other countries wish to partner our own fine institutions.
I do not question for a second—and regularly stand at this Dispatch Box to celebrate—the success of our great universities. Those universities, rightly, would also stress their independence and autonomy. I simply made, in my reply to the noble Earl, a comparison between some of the sad, recent events at the University of East Anglia and other comparable institutions.
Is my noble friend aware that the Royal Historical Society, of which I have the honour to be a fellow, has expressed real concern not only at this particular decision but at its wider implications? Would she consider discussing with the president of the Royal Historical Society and others what their concerns are and see whether she can assist them?
I would be more than happy to meet with the Royal Historical Society. But, again, it is the responsibility of the Office for Students to make a judgment on the financial viability and sustainability of our higher education institutions when they are registered. Its view is that the overall aggregate financial position of the sector is sound. I appreciate there are individual institutions which are under financial pressure, but they are autonomous institutions which need to run their own finances.
My Lords, while it is absolutely clear that His Majesty’s Government have put a lot of emphasis on being a science superpower, have they also considered the ramifications of losing courses in modern foreign languages? If we aspire to be a global player and want to trade with other countries, the use of English is great, but to really understand other countries and cultures, we need scientists as well as people doing humanities who can really communicate in foreign languages.
I absolutely agree with the noble Baroness that modern foreign languages are critically important; hence our emphasis on the EBacc in schools to create a pipeline of students who are confident in exploring another language and the bursaries we offer teachers to deliver them.
My Lords, in its recent inquiry, the Communications and Digital Committee of your Lordships’ House heard that the OfS introduced a measure of low-value courses that failed to take into account the earnings profile in arts and creative careers, which often start on lower salaries or in freelance roles. Does the Minister agree with the committee that what it called a “sweeping rhetoric” about low-value courses needs to change, to reflect not just the realities of work in the sector but also the important point that individuals can and do choose to pursue careers that earn lower salaries but have vital social and cultural value?
The Government of course recognise the points that the noble Baroness makes, but it is also important that students are really well informed and understand the choices they make when they opt for one qualification or another, particularly in relation to the debt that they might take on. That is why we are so keen to encourage degree apprenticeships in the creative industries, for example, because of all the opportunities that offers.
My Lords, among UEA’s alumni of novelists and Nobel laureates was a former colleague of mine. We taught together in the English department of a high school in Newport. Her teaching skills were exceptional, honed by her years studying the arts at UEA. Notwithstanding the Minister’s previous responses, what, if anything, are the Government doing to ensure that such motivating arts teachers continue to graduate from our universities and thus inspire a love of the arts in our children and young people?
A love of the arts can come from many sources—importantly from universities and schools but also from wider cultural experiences. As the noble Baroness knows, we are committed to the bursaries that we are putting in to support particularly the modern foreign language teachers that were referred to but also our wider commitment to the creative industries in this country.
Does the noble Baroness agree with me—I am sure she does—that the creative industries in this country generate £109 billion a year and are 5% of our GDP? Does she agree that anything that is done through funding, or through language that attempts to create a false dichotomy between creativity in science and in the arts—or that talks about low value, as opposed to high value—is damaging to creativity as a whole and to our ability, as a country, to produce the innovation and cultural vitality that we need across the whole spectrum, whether it is in the arts or the sciences?
I feel that the noble Baroness and I listen to different bits of what the Government say about this. It was only last month that the Government announced their plans to grow the creative industries from the current £108 billion by a further £50 billion, and a million more jobs by 2030. We are making a major investment in the sector, particularly in performance and screen technology research labs based in Yorkshire, Dundee, Belfast and Buckinghamshire.
My Lords, I declare an interest as a secondary school teacher and head of a design and technology department. According to the Art Now report published by the APPG for Art, Craft and Design in Education, 67% of art and design teachers questioned are thinking of leaving the profession. What are the Government trying to do to stop this entire waste of talent?
The noble Lord asks an important question, and part of this is about being clear about the value we put on those qualifications. As I mentioned in my opening reply, we are introducing a new T-level in this area in 2024 and further apprenticeship opportunities the following year.
(1 year, 7 months ago)
Lords ChamberMy Lords, before we start Report, it might be helpful, given that we will have a very long day, for noble Lords to acquaint themselves with the Companion and its rules on Report and on debate more generally.
(1 year, 7 months ago)
Lords ChamberMy Lords, noble Lords across this House are to be commended for the anxious scrutiny given to this most controversial Bill over many hours, days and nights in Committee. Now, it is time to move through votes on as many already well-debated amendments as quickly as possible.
I have Amendments 1, 2, 3, 5 and 13 in this first group. However, short of any miraculous change of heart by the Home Secretary and the Government, it is the crucial Amendment 5, also bearing the names of the noble Lords, Lord Paddick and Lord Kirkhope of Harrogate, and the noble and learned Lord, Lord Etherton, that I shall press in what I hope will be a very short while. It replaces the rather long and strange narrative in Clause 1, so as to reinstate Section 3, the interpretation provision, of the Human Rights Act, and ensure that the rest of the Bill is read so as not to require that British officials, Ministers or His Majesty’s judges breach precious international treaties that our former statesmen and stateswomen played such a heroic part in creating. These are the ECHR of 1950, the refugee convention of 1951, the conventions on statelessness of 1954 and 1961, the UN Convention on the Rights of the Child of 1989, and the anti-trafficking convention of 2005.
This interpretation amendment is essential to protecting the most vulnerable people, including by any amendments to follow. It is equally important for the international rules-based order and for our reputation as a great democracy in a troubled world. That was two minutes. I beg to move.
My Lords, I support the noble Baroness, Lady Chakrabarti, on one legal point. In Committee, the noble Lord, Lord Wolfson of Tredegar, stated, quite correctly, that we have a dualist system under which international obligations are not part of our law unless specifically incorporated by statute. I consider that this interpretation amendment does not fall foul of that because it imposes no positive obligation to do anything specifically required under those treaties. It is simply of a negative nature to say that the Bill itself —and, in due course, the Act—must be interpreted so as not to conflict with those treaties. For my part, it is perfectly legitimate and legal.
My Lords, I will speak to Amendment 4, in my name. I appreciate the need to move as fast as possible and I shall be as short as I can. This amendment, which appeared in Committee and is renewed today, would require the Secretary of State to provide
“guidance as to how the provisions of this Act are to be read and given effect in a way that is compatible with the Convention rights”.
The amendment follows a recommendation by the Constitution Committee prompted by the provisions in Clause 1(3), which tells us that
“so far as it is possible to do so, … this Act must be read and given effect so as to achieve the purpose mentioned in subsection (1)”.
Clause 1(5), the crucial subsection, states:
“Section 3 of the Human Rights Act 1998”—
which gives the function of deciding what the convention rights mean for the courts—
“does not apply in relation to provision made by or by virtue of this Act”.
The Committee said that the Government’s position requires explanation. Of course, there are more fundamental objections to these provisions, which are the subject particularly of Amendment 5. I do not want anything I may say in the next few minutes to be taken as undermining in any way the point made by the noble Baroness in favour of her amendment, but the fact remains that the Government’s position on how these provisions are going to work needs to be explained, and no sufficient explanation has been given. Clause 1(5), after all, is a major incursion into the way the convention rights are currently protected. This is a matter of particular concern given the extent to which the Bill affects so many people, including children and the victims of modern slavery, who are extremely vulnerable to government action. As I said last time, they are being sent into a desperate kind of no man’s land where the ordinary protections we enjoy are being denied them.
In replying to this amendment in Committee, the Minister said that my amendment was at odds with Section 6 of the Human Rights Act which, as he put it,
“should be our guiding light here; it affords the necessary clarity for those seeking to give effect to the provisions in the Bill”.—[Official Report, 24/5/23; col. 921.]
I simply did not understand that response and I still do not; indeed, I think it makes the case for guidance of the kind I am talking about all the more strongly. Without going into details, Section 6(1) requires public authorities to act compatibly with the convention rights, while Section 6(2) disapplies it in two circumstances. Yet the fact that the Minister is contemplating disapplication of Section 6(1) suggests to me that he is contemplating that there will be breaches of convention rights flowing from the provisions of the Bill. That seems quite inconsistent with the ECHR memorandum, which says that the clauses it identifies as engaging the convention rights are capable of being applied compatibly.
I am not going to enlarge any further, but it seems to me that that explanation does not make any sense; it is contradictory to the memorandum and it is no answer to the point I was seeking to raise. The fundamental point takes me back to Amendment 5: the short answer to the difficulty created by that explanation is to vote in favour of Amendment 5, which I will do.
My Lords, I support Amendment 5 in the names of the noble Baroness, Lady Chakrabarti, the noble Lord, Lord Paddick, and the noble and learned Lord, Lord Etherton. I speak on behalf of my noble friend Lord Kirkhope of Harrogate, who put his name to the amendment but regrets that he cannot be here with us today. This amendment is firmly in the Conservative tradition of strengthening, not undermining, the international rule of law. I remind noble Lords, and especially my noble friend, that Conservative Governments were instrumental in creating the first four conventions listed in the amendment.
Regrettably, the precise legal position of the Bill and its compliance with our international obligations—with this Conservative legacy—remains unclear. The Government say they believe it is compliant. A great number of others, include some of the bodies tasked with implementing these conventions, say that it is not. What is clear is that disobeying or disapplying international agreements which bear the name of the United Kingdom is not acceptable. If the Government are unhappy with their international obligations, they are free to seek to renegotiate them, but simply ignoring our international legal commitments in pursuit of domestic expediency puts us in very bad company.
As your Lordships’ House has repeatedly reminded the Government over the last few years, if we hope to negotiate or originate future international agreements on anything from trade to artificial intelligence, and to continue to play our historic role as a creator and driver of international law, we cannot breach our existing agreements. Who would trust us then? We rightly argue for the rule of law in our international relationships and expect it to be followed by other countries; we must follow it ourselves.
My Lords, I support Amendment 5 also tabled by the noble Baroness, Lady Chakrabarti. In Committee a comprehensive debate took place, during which different cases were made by distinguished lawyers across the House about the place of international law as it relates to our domestic lawmaking. Notwithstanding the different interpretations, I wish to reflect on the moral imperative for us to take seriously the commitments we have made in past decades. Those commitments have value in themselves, but they have also come to define the country that we are and aspire to be. They are part of why we are trusted by much of the international community and held in high regard.
My Lords, I think the argument for Amendment 5 was won in Committee and need not be rehearsed at great length now. In my view there is no doubt that if we pass the Bill, what will follow will be a series of breaches of conventions, in particular the 1951 refugee convention. That is not just my view. It is also UNHCR’s view, formally and on the record.
When this point was put to him on our first day in Committee, the Minister said that UNHCR
“is not charged with the interpretation of the refugee convention”.—[Official Report, 24/5/23; col. 968.]
That is not true. Article 35 and the preamble to the refugee convention give UNHCR the task of supervising its implementation. We are required as convention contracted parties to submit our legislation to UNHCR. It has commented on this legislation and believes it would lead to breaches of the convention. That is why you can sum up the argument in three words: pacta sunt servanda. If we purport to believe in the rules-based international system, we cannot pass the Bill in this form. We must support Amendment 5. If the Government believe what they say, they can support Amendment 5 too.
My Lords, we were given an admirable example by the noble Baroness, Lady Chakrabarti, in her brevity at the beginning. I have to apologise to the House that, because I am looking after a sick wife, I will not be here as late as I would like to be. But this is a fundamental amendment in the Bill, and to violate international law is to invalidate national law. We should all bear that in mind. We often talk of China and the violation of the agreement that we made when Hong Kong was handed over. How can we continue to do that with sincerity and determination if we pass laws in this place that violate international law?
My Lords, we have heard several times in the course of debates on the Bill that this is the will of the British people. I can assure the noble Lord sitting opposite that, if he steps outside the right-wing media, he will see that it is not. They have already been quite shocked by the egregious and often law-breaking behaviour of this Government, so now the only decent thing this Government can do is accept Amendment 5 and say that they will not break more laws. This is a reasonable request from, apparently, the whole House. I urge the Government to accept this amendment.
My Lords, at an earlier stage in our debates I asked all the lawyers present why our judiciary and officials, in interpreting these international agreements, give 75% of applicants for asylum the right to asylum on first application. It is only 25% in France and in almost all other countries it is below ours. If we are interpreting these laws correctly, other countries must be interpreting them incorrectly. We are told that we will lose all credibility if we do things incorrectly. Why do these other countries not lose all credibility? Why has none of the lawyers answered these questions before or now?
My Lords, I will speak within two minutes and oppose this amendment. Migration Watch was the first organisation to draw attention to this problem and has been calling for action for three years. I will make two political points, not legal ones. I leave the law to the lawyers.
Practically, we find ourselves in a situation where we have no means of stopping the flow of another 50,000 applicants for asylum over this year, and quite possibly as many or more next year. With last year’s intake still under consideration, the whole system is being overwhelmed and the cost is becoming extraordinary, even as a percentage of our foreign aid. This is unacceptable.
Secondly, from a political point of view, I am not political but the public are furious—
Noble Lords know that I am not. The point has just been made that the public do not understand this—they are furious and the Government’s reputation is suffering severely. Effective action is essential, but that will be only harder if this amendment is approved. I trust that this House will ensure some flexibility on the legal front in order that a very serious matter may be addressed practically.
My Lords, some extreme language was used throughout Second Reading and Committee and there was very strong emotion. I understand that, because the Bill evokes strong feelings, but I suspect that, beneath all that, there may be more agreement than has been visible in our debate today and in previous debates. The spokesman for the Opposition has not added his name to this amendment and they did not oppose Second Reading, I suspect because there is an understanding that this is a difficult problem that any Government have to deal with. Any Government of whatever stripe have to take protecting the country’s borders extremely seriously.
A great deal of agreement underlies all this. For example, we all agree that there should be better-organised legal routes for genuine asylum seekers than there are at the moment. The main difference between the two sides in this debate is over the role of deterrence. The Government argue that we will not succeed in handling this problem unless there is an element of deterrence.
To bring it up to date—I will respond to the Chief Whip’s desire to be quick—we now all have the impact assessment, which we did not have until the day before yesterday, which points out the Australian example. Australia brought in a law very similar to this, which gave its Government the power to detain people and turn them around, in their case to Nauru and the Solomon Islands—in our case it is to Rwanda—within 48 hours. I asked the Government, reasonably, why we are not doing this. They pointed out that the Australians do not have to pay any regard to the European Convention on Human Rights, whereas we do. In their view, to comply with that, we could not reasonably turn detainees around within 48 hours; we would have to take at least 28 days, as is in the Bill at the moment.
I do not know whether the Government have ticked every box and crossed every T in relation to the ECHR, but it is quite clear that they have made a big attempt to do so. They have clearly taken on board the spirit of what we have agreed, even if not the letter of the law. The Government are in discussions with the European court about the convention. I am interested to know what the Minister can say about the state of those discussions. It is not only the UK but other countries—Italy, Spain and France—that are in discussion, because this is a new problem which is not covered by the original convention. We have to take that into account and realise that there is a real problem here, which is not a lot to do with immigration but is about border control more than anything else, which any Government will have deal with.
In relation to the point made by the noble Baroness, Lady Jones, the Bill in its unamended form, as it is now, passed the Commons with a majority of 59. There is huge public support for what the Government are attempting to do. The latest YouGov poll showed 60% as saying that illegal migrants should not be allowed to claim asylum in this country; only 20% said the reverse, and 20% were undecided. We have to take that into account. As Matthew Parris, who is no one’s idea of a right-wing nutcase, said recently in an article:
“If you oppose the government’s plans to send away those who land, then whether or not you know it you are advocating an indefinite continuation of migrant deaths. And that is cruel”.
It is indeed cruel to allow that continue.
My Lords, the refugee crisis in a global one and any sustainable solution needs to be international. If we do not comply with our international obligations, as set out by the noble Baroness, Lady Chakrabarti, we are unlikely to achieve the international co-operation necessary to deal with the crisis. I am afraid I do not agree with the argument put forward by the noble Lord, Lord Lilley, that because other countries do not abide by their obligations, we should not abide by ours either.
The noble Lord, Lord Green of Deddington, talked about the cost. The Government’s own impact assessment says that implementing the measures in the Bill will cost the country more than the status quo. In response to the noble Lord, Lord Horam, the impact assessment says there is an “academic consensus” that there is no evidence that the measures in the Bill will have a deterrent effect. Opinion polls may say that illegal migrants should not be allowed to settle in the UK but we are talking about genuine refugees; we are not talking about illegal migrants.
We support all the amendments in this group and Amendment 5 in particular, which we will support if the noble Baroness, Lady Chakrabarti, chooses to divide the House.
My Lords, I have the misfortune to differ from the noble and learned Lord, Lord Etherton. I know that he will not think that this is any personal discourtesy. Let me take a few minutes to explain to the House why I respectfully disagree.
Noble Lords say “No”; I think there are important points of constitutional principle here, and if that means we take another two and half minutes over it, so be it.
The starting point is that we are, as the noble and learned Lord said, a dualist state. That means that the treaties listed in the amendment are not part of our domestic law. If you were to go to court and try to rely on, for example, the UN Convention on the Rights of the Child, it does not give you a right in domestic law. I will come back to that point in a moment.
My Lords, I declare my interests as a trustee of the Human Trafficking Foundation, and my work with the University of Nottingham Rights Lab.
The noble and learned Baroness, Lady Butler-Sloss, Karen Bradley MP and I were at an international co-operation event on human trafficking. Nothing better illustrated the importance of international co-operation than the discussions we had over the last couple of the days; they showed how important the UK’s reputation is.
I say to the noble Lord, Lord Horam: no one is saying that there is not a problem that needs solving. However, it should not be solved by trashing international conventions that we have signed up to but in a way which is consistent with them and which we should be proud of.
The noble Lord, Lord Wolfson, mentioned the UN Convention on the Rights of the Child. I remind him that it was the 1991 Conservative Government who ratified that convention. That was when we had a Conservative Government who, as the noble Baroness, Lady Helic, pointed out, actually put into practice most of these conventions. They were proud of it, the country was proud of it, and this Parliament was proud of it. We do not solve the problem that the noble Lord, Lord Horam, mentioned by driving a coach and horses through that.
Can your Lordships imagine what we would say if the other countries that have signed up to the international treaties which we have signed turned round and said, “We’re not going to abide by those treaties any more”? Imagine if they unilaterally declared that they would step away from them and have nothing to do with them. That is the point of principle.
There is something else that I found absolutely unbelievable. I say to the noble Lord, Lord Horam, that we absolutely support Amendment 5, tabled by my noble friend Lady Chakrabarti, and one reason I did not put my name to it is that we wanted to show the breadth of support across this Chamber for that amendment. To think that I do not talk to my noble friend Lady Chakrabarti about different amendments, or that we do not work together, as we do, along with other Members of this House, is nonsense.
The noble Lord, Lord Wolfson, pointed out that the amendment says:
“Nothing in this Act shall require any act or omission that conflicts with the obligations of the United Kingdom”.
The noble Lord can have his point of view—I agree with that. My point is that it is unbelievable that this House has to have an amendment before it to actually require the Government of our country to abide by the international conventions that they have signed up to. That is the point of principle.
I do not know what dualism is; I had never heard of it until a couple of weeks ago—I think it was the noble Lord, Lord Wolfson, who tried to tell me what it was. I am still not sure I understand it, but what I do understand is that, if you sign international conventions, freely, then the obligation is on you to abide by those conventions, and that is the expectation of those countries which sign them with you. That is what we should stand for. It is why we will support Amendment 5 and are proud to do so.
My Lords, before the Minister replies, can I mention that I have two amendments in my own name, which are consequential? They relate to the ability to have judicial review if the amendment to Clause 1 succeeds.
My Lords, as the noble Baroness, Lady Chakrabarti, has set out, Amendment 5 seeks to replace Clause 1 with a new clause that provides that nothing in this Bill requires an act or omission that conflicts with the five international agreements specified in the amendment. This includes the European Convention on Human Rights. Amendment 4, tabled by the noble and learned Lord, Lord Hope, is focused on compatibility with the ECHR. As I have repeatedly said in the debates on the Bill, and to reassure my noble friends Lady Helic and Lord Cormack, the Government take their international obligations, including under the ECHR, very seriously, and there is nothing in the Bill that requires any act or omission that conflicts with UK international obligations. Amendment 5 is therefore, on one level, unnecessary. But what might be viewed as a benign amendment takes a wrecking ball to our long-established constitutional arrangements, with uncertain consequences, as outlined by my noble friend Lord Wolfson.
Along with other countries with similar constitutional arrangements to the UK, we have a dualist approach, where international law is treated as separate to domestic law and incorporated only by domestic law passed by Parliament through legislation. We have, of a fashion, reproduced in domestic law aspects of the text of the ECHR through the Human Rights Act 1998, but that is not generally the case with other international instruments listed in the amendment.
The effect of this amendment would be to allow legal challenges based on international law in the domestic courts. As my noble friend Lord Wolfson has eloquently explained, this amendment would incorporate these instruments into our domestic law by the back door, thereby making substantive changes to the Bill. I therefore have to disagree with the noble and learned Lord, Lord Etherton, on the effect of Amendment 5. As my noble friend said, this is wrong in principle and far from being an academic point for the lawyers. There is a legitimate case to be made for incorporation but this is not the Government’s intention, and we should not make such a fundamental change to our domestic law on the basis of a two-hour debate in Committee and a rather shorter one again today.
The noble Baroness, Lady Fox of Buckley, hit the nail on the head in her insightful contribution in Committee. In the Bill we are legislating to prevent and deter the small boats by putting in place a scheme that makes it unambiguously clear that if you arrive in the UK illegally, you will not be able to stay; instead, you will be detained and returned to your home country or removed to a safe third country. That is the proposition we are seeking to put on the statute book. That is the proposition which Parliament will have endorsed and, having done so, that is the proposition that our courts should give effect to. As the noble Baroness said, we risk undermining the reputation of this place and the elected House if the clear intent of Parliament can be unravelled by this misguided amendment.
On the amendment in the name of the noble and learned Lord, Lord Hope, the Government have published two memoranda addressing issues arising under the ECHR, and I remain unpersuaded of the case for statutory guidance on how the Bill’s provisions are to be implemented compatibly with convention rights. It will undoubtedly be necessary to provide Home Office staff and others with appropriate guidance to support the implementation of the Bill. In the Government’s view, it would not be appropriate for such routine operational guidance on the implementation of a particular Act to be subject to parliamentary approval.
Amendments 13 and 16, in the name of the noble and learned Lord, Lord Etherton, would strike out Clause 4(1)(d), which makes it clear that the duty on the Home Secretary to make arrangements for the removal of a person who meets the conditions in Clause 2 applies regardless of any judicial review challenge to their removal. The noble and learned Lord’s explanatory statement for Amendment 13 describes it as consequential on Amendment 5. It may well be the noble and learned Lord’s intention to provide for judicial review challenges to removal—whether on ECHR grounds or otherwise—to be suspensive of removal, but that is not the Government’s stance, and I do not accept that his amendment is consequential on Amendment 5. We need a scheme that will enable removals in days and weeks, not, as now, in months and years. Clause 4(1) is critical to achieving that objective and I cannot support its evisceration.
Finally, as regards Amendments 1 to 3, I simply remind the noble Baroness, Lady Chakrabarti, that it is an offence to knowingly enter the United Kingdom without the required leave or to arrive without valid entry clearance or electronic travel authorisation. That being the case, Clause 1(1) quite properly refers to “unlawful migration” and “illegal routes”.
In response to the point raised by the right reverend Prelate the Bishop of Chelmsford, I point out that the refugee convention is clear that states can still operate controls on illegal migration. Under Article 31, it is indeed expressly permitted to disadvantage those who have arrived illegally from safe countries, which is true of all who come from France. This embodies the first safe country principle, in the sense that Article 31 protections apply only to those who have come directly from unsafe countries. The first safe country principle is widely recognised internationally, including in the common European asylum system, which is a framework of rules and procedures operated by the EU countries together, based on the refugee convention.
These amendments, particularly Amendment 5 but also Amendment 13, go to the heart of the workability of the Bill. Your Lordships’ House has a choice: either we can continue to accept the status quo, which could see the £3.6 billion spent on supporting asylum seekers in 2022-23 mushroom to £11 billion a year, or £32 million a day, by 2026, or we can back the Bill, retain Clause 1 and Clause 4(1)(d), and stop the boats. The House should be in no doubt that these are wrecking amendments. I therefore invite the noble and learned Lord, Lord Hope, not to press his Amendment 4, and ask the noble Baroness, Lady Chakrabarti, not to press her amendment. However, were she to do so, I would have no hesitation in inviting your Lordships’ House to reject the amendment.
With reference to what has just been said about the first safe country principle, I would point out to the Minister and to the House that the UNHCR is on record from last week as authoritatively, formally saying that there is no requirement in international law for an asylum seeker to seek protection in the first safe country they reach. We may not like what the umpire says, but he is the umpire.
As the noble Lord will recall, and as my noble friend Lord Wolfson made clear in Committee, the UNHCR is not empowered to interpret or referee the convention. That is clear from the Vienna Convention on the Law of Treaties. The UNHCR is not in a position to make that assessment, and I refer the House to the comments I made a moment ago.
My Lords, I am so grateful, as always, to all noble Lords for their contributions and to most noble Lords for their brevity. I beg leave to withdraw Amendment 1.
If the Government will not accept Amendment 13 as consequential, I will need to press Amendment 13 as well; but, first, I would like to test the opinion of the House on Amendment 5.
My Lords, five of the amendments in this group have my name and the names of noble and noble and learned friends on them. They are designed to remove retrospectivity in relation to the duty to deport. I, and certainly two of my noble friends, have had the advantage of a meeting with the Attorney-General and officials in recent days to discuss this, and I hope I am not being too optimistic in hoping that we will hear something at least partly welcome from the Minister at the end of this debate. I shall be very disappointed if that does not happen.
Retrospectivity is the enemy of legal certainty. Legal certainty is a basic tenet of common law and of our statutory law. In order to save time, I am not going to cite various very eminent judges who have spoken on this subject. I will simply give the names of Lord Bingham, the noble and learned Lord, Lord Mance, and the great public lawyer the late Sir John Laws. I remind your Lordships that the House of Lords Constitution Committee has emphasised that retrospective legislation should be passed in very exceptional circumstances only. The proof of very exceptional circumstances should require more than mere assertion: it should require clear evidence. The fact that the retrospectivity asked for, as in this situation, may affect a relatively small cohort of people is no mitigation for the wrong of unnecessary retrospectivity.
The Government are not offering evidence. They are offering a refrain, and the refrain is: “Stop the boats”. But they have failed to offer any convincing evidence at all as to how the present circumstances are so exceptional as to justify the Bill’s wide-ranging retrospective powers. This is wholly unacceptable, given that the proposals represent a widespread retroactive overhaul of our asylum law, founded simply on a deterrent effect—“Stop the boats”—which is unproved.
Again, for the purposes of brevity, I will not deliver the whole speech I would have wished to—and will break the habits of a lifetime thereby. But I remind your Lordships that the deterrent effect is hardly borne out by the Government’s own figures for migrants detected crossing the channel in June 2023, the very month we are in. I was surprised they did not appear in the impact statement, because they were available before it. According to those figures, up to that point, 3,506 migrants were detected crossing the channel in June this year, compared with 3,139 in June last year—some 400 more, and 1,500 more than in June 2021. If one looks at the figures for April, May and June 2023 together, the evidence that this retrospective element is stopping the boats is a fairy tale, but one of those nasty fairy tales that keeps the victims of it awake at night because of the uncertainty of what will happen to them.
Furthermore, the Nationality and Borders Act 2022 addressed the same public policy issue and was not retrospective. As Dame Priti Patel MP, the then Home Secretary, said in the Second Reading debate on that legislation, the intention was that:
“Anyone who arrives in the UK via a safe third country may have their claim declined and be returned to a country they arrived from or a third safe country”. [Official Report, Commons, 19/7/21; col. 717.]
In other words, the policy intention was the same, but although there was a little bit of retrospectivity in that legislation, the vast majority of its provisions were not retrospective.
At the conclusion of Committee on this Bill, the Minister admitted that announcing that it applied from 7 March 2023
“may not have had a decisive impact”. [Official Report, 24/5/23; col. 967.]
Well, the evidence suggests that it has not had a decisive effect at all. At best it is equivocal, which cannot be a basis for proper retrospectivity. The evidence does not justify such broad and sweeping legislation, which seeks to apply penalties to those who cross the channel to claim asylum, being retrospective in its entirety. It would set a dangerous precedent whereby the Government could legislate retrospectively, based on no more than conjecture and anecdote.
I respectfully suggest, even at this stage of the Bill, that a dangerous precedent is being set, that we should be deadly serious about the fact that we are dealing with the law and with sound and historic legal practice, and that this is not a situation in which the case for retrospectivity is anywhere near made out.
My Lords, as the noble Lord has said, brevity does not mean half-heartedness today and these Benches whole-heartedly support the noble Lord’s amendments to which my name has been added. It is not only an academic, philosophical, juris- prudential matter; retrospectivity applied to this Bill will be cited as a precedent for the future and would have an impact in the real world for individuals.
As we have heard, the Nationality and Borders Act is not retrospective. Indeed, the two classes of asylum seekers for which it provided have not even been brought into effect. Ironically, the situation and the figures that have been cited have supported our points that it will not have the deterrent effect that has been claimed. It is a very thin claim. The weather in the case of the channel crossings, and TikTok’s policy in the case of Albania, did have an effect. That puts all of us in our place.
My Lords, I will speak briefly to Amendment 10 and draw attention to my entry in the register with regard to support from RAMP for this and other groups of amendments.
I have lost count of the number of times I have asked where the child rights impact assessment is, only to be told that we will receive it “in due course”. It should have been available from the outset to help develop policy, and yet here we are at Report stage with no sign of it still. Without it, how are we supposed to assess ministerial claims that their policies are in the best interest of the child and that there is no incompatibility with the UN Convention on the Rights of the Child? Yesterday in Oral Questions I asked the Minister. All he could say was that:
“I am sure that it will be provided”.—[Official Report, 27/6/23; col. 574.]
When? After the Bill has gone through?
My Lords, I have looked through these amendments but not put my name to any of them. I have to say that they—in particular Amendment 8—drive a coach and horses through much of what this Bill stands for. Therefore, I am going to ask my noble friend to make sure he resists them.
This is important because we face some very serious challenges in our society as a result of the rapid growth in our population. I will go over this issue only briefly because we are time-constrained, but I just remind your Lordships that this is already a relatively overcrowded island. Last year, we admitted permanently 600,000; the year before last, we admitted 500,000. Stoke-on-Trent has a population of 250,000, Milton Keynes 288,000 and Derby 259,000. If we are going to house those people properly—and we certainly should —we will have to build four Milton Keynes or four Derbies over just two years. On dwellings, we all know how fiercely fought this is. In 2001, there were 21 million dwellings in this country; there are now 25 million—in 20 years, we have built 4 million dwellings.
It is not just at that very high level. The fact that we are introducing hosepipe bans in the south-east of England now is because the population is rising so fast we are running short of water. When we debated this in Committee, I took a certain amount of incoming from the most reverend Primate the Archbishop of Canterbury. He said:
“everyone who has spoken so far has agreed, that we have to control migration. I do not think there is any argument about that, but does the noble Lord accept that of that 700,000 last year, or whatever the number turns out to be exactly, the Bill will cover only 45,000? The Bill is not about overall immigration”.—[Official Report, 24/5/23; col. 897.]
That is a fair point. However, the figure turned out to be 600,000 and it may well be that that 45,000 is 60,000, in which case it is 10%, not a sufficiently significant number, but the real challenge to us is that everybody thinks it is not their challenge. Everybody thinks it is somebody else’s challenge.
We have heard persuasive, dreadful, heart-rending speeches about the positions that people find themselves in—on behalf of interest groups of various sorts—and no doubt we shall hear them again. However, one group has essentially not been heard during our debates, and that is the 67.3 million people who live in this country, 18% of whom are from minority communities.
When I undertook my polling—which, as I have said to Members of the House, is freely available to anyone—I did not want it to be said that it was going to be old white Brexiteers living in the country, as opposed to young trendy hipsters living in the towns. In response to the question “The UK is overcrowded”, between 60% and 70% of people polled, across all social classes, all regions of the country and all age groups, felt that was the case. Every interest group, including those that are seeking to blunt the effect of the legislation before us, has to play its part in reducing the number. Unless we are seen to be responding to between 60% and 70% of our fellow citizens, uglier and nastier voices will emerge to capture that. We need to be conscious of that.
In my view, the amendments would punch holes in the bucket. How much water would flow out I do not know, but I hope the Minister will think very carefully before allowing the bucket to lose too much water because that way difficulties lie for us, for our communities and for generations ahead.
My Lords, in Committee I tabled a similar amendment to Amendment 10, so I will not say much now because I said it then. I listened with interest to what the noble Lord has just said, and I recognise that we do not want illegal migration. However, there are broader and more important issues.
Children have rights. A child who is unaccompanied comes to this country, sometimes quite young, and is settled here in local authority care, placed perhaps in a foster family or a residential home. They go to an English school and become fluent in English but then, at the age of 18, are then removed either to Rwanda—the only country with which there is an agreement apart from Albania, and Albanian children are unlikely to be in this group—or to some other country or home that they have fled. Quite simply, to uproot children at 18 is, as I said in Committee, cruel.
My Lords, I strongly support Amendment 10, tabled by my noble and learned friend Lady Butler-Sloss. The sole objective of the amendment is to ensure that the Government fulfil their clear responsibility to protect the best interests of children under the UN Convention on the Rights of the Child. Article 3 of the convention provides explicitly that in all actions the child’s best interests must be a primary consideration, and that is what the amendment says. Article 20 requires that children separated from their parents be given special protection and assistance. Unaccompanied children seeking asylum in this country, as noble Lords know, will have escaped from the most appalling persecution, trafficking, modern slavery and other abominable experiences. The current Government are putting the reputation of this country at risk for years to come if they insist on rejecting Amendment 10 and others that seek only to ensure that this country respects our international obligations.
My Lords, I have found my notes—they were at my feet—and so will intervene now, if I may.
I support Amendments 6 and 10, and I hope all other noble Lords will similarly support them. I am responsible for Amendment 8. It has been suggested that this is a busting amendment. I do not intend to put it to a vote but I intend to tell your Lordships the importance of my amendment.
It is a little difficult for me to make this intervention because I greatly respect my Front Bench and do not like being in fundamental disagreement with them. However, I am making this intervention because I believe we should all be aware of the gross injustice that this Bill will impose, when enacted, on thousands of refugees arriving in this country. Noble Lords should also be aware that we have the power, under the Parliament Acts, to delay this process as far as to May or June of next year, thereby allowing the Government to have a big rethink.
I wish to be cognisant of the wishes of your Lordships’ House and not to speak at length, and I certainly do not want to upset my Front Bench and Chief Whip by going on too long, but this will affect thousands and thousands of refugees, and we should be aware of what we are doing. That is why I have tabled an amendment to remove Clause 2. In Committee, this amendment was supported by the noble Lord, Lord German, and my noble friends Lady Chakrabarti and Lord Coaker. I am now being left to table it on my own.
What is the injustice? Let me trace it through one set of refugees: the Afghan refugees. The information relating to them is contained in the official government statistics for 2022. I do not have the figures for 2023 to bring it up to date—I do not think they have even been issued. In 2022, 8,633 Afghan refugees sought asylum in this country. Most significantly, 97% of them were granted asylum or other status so that they could remain in the United Kingdom. Compare that with the Albanian refugees—there are rather more of them, at around 12,000—76% of whom were refused entry.
It can be assumed that, in 2023, the same number of Afghans, or possibly more, will arrive in this country. We can also assume that there will be the same proportion of genuine refugees, and that all of them will have come to this land in the genuine belief that there is the availability of asylum for them—the people smugglers are hardly going to tell them otherwise. This point was supported by paragraph 33 on page 13 of the impact assessment.
The further point I ask your Lordships to note is that, under the Taliban, there is a lot of evidence of mistreatment of Afghans, particularly women, and particularly relating to education. I also ask noble Lords to take note that, in Afghanistan, there is terrorism, persecution, false imprisonment and torture, hence the very large number of Afghans who got asylum. I remind noble Lords that that figure is 97%.
We should also look at their long journey to this country. The measured distance between Kabul and Calais is 4,168 miles—nearly twice the journey of crossing the United States of America. We do not know precisely how they carried out that journey but, inevitably, it must have been through Iran and Iraq—two countries which are not friendly to passengers—and possibly on through war-torn Syria. Somehow or other, they managed to reach the Mediterranean and Europe, via Greece or Italy. Their mode of transport must have been fairly limited. If they had the money, they might have been able to take a bus, but, in the main, they must have had to get the indulgence of lorry drivers and accept lifts from them. In my view, one has to be left with an admiration of the Afghans who made it to Calais. The Government make much of the illegal entry of the boat people, but how else could they have got here? Should they have obtained UK visa forms in the depths of the mountainous country of Afghanistan? How on earth could they have made the journey here, except in the circumstances they have?
The consequences of the provisions of the Bill will simply be dire for all refugees. Let us briefly look at them. First, without any investigation about their asylum or other status, they are to be shipped immediately, under Clause 2, to Rwanda—it could hardly be back to their home state, which is the other alternative. Rwanda carries a capacity of about 30,000 refugees. Secondly, once they get to Rwanda, for example, they will be barred from UK asylum status and left with Rwanda asylum status, if that does them any good. Thirdly, they will be branded as illegal immigrants and barred for ever from entering the UK. Their only sin has been that they travelled here from Afghanistan without the necessary paperwork and crossed the channel in a rubber dinghy, yet on arriving here they were seeking to escape the terrors—this is the important point—of the Taliban Government, probably in large numbers.
I will not detain your Lordships further, except to make it plain that, if we allow the Bill through in its present form, it will impose terrible consequences on a lot of refugees who have no opportunity to establish their asylum status. I could go through the mechanism of the Parliament Acts—I have my notes for it—but it suffices to say that, under them, we have the power to stop this, and we should at least consider it.
My Lords, I will be brief because my timetable has not allowed me to take a significant part in the Bill hitherto. However, I have attended quite a lot of the debate, which I started attending in a very troubled state of mind, completely uncertain about what I would do about this startling proposal. I sat through quite a bit of the Committee debate, and have listened today to the debate on the two amendments we have had, and I think that the underlying problem is being missed. We all agree that there is a huge problem with illegal migration and that, if we cannot find a solution, people will die in the channel in considerable numbers—they go up each year—by taking risks as they come here. We all admit that it is a global problem, so, if we suddenly become an easier country than others, we are likely to find significant pressures.
We all want to retain our excellent reputation—it is not unblemished, but better than those of most other European countries—for good race relations and an integrated community. During my lifetime, Britain has become a multicultural, multiracial society, and I am glad to say that I think the majority of my fellow citizens feel that the contribution that has been made, and the improvements to our society, are quite substantial as a result. As my noble friend said a moment ago, concern about the dinghies and old fishing boats bobbing on the ocean will, if we are not careful, rearouse all the bad feelings that we used to know, which we remember only too well from 20 or 30 years ago. That is why more than 60% of our population wish to stop illegal immigration.
I have tried to listen for a solution during the debates on the two groups of amendments but, sadly, the only solution being put forward is the rather extraordinary one by the Government that we simply cease to entertain illegal immigration and deport to safe places. I have not heard a single alternative policy put forward. I am not sure that it will work—I think I said that at an earlier stage—but I am still to hear anybody else offer anything but the possibility of litigation or huge numbers of people coming here as the practice of trying to get over the channel grows. We have to face up to our responsibilities. I am a lawyer and have a huge respect for law—abiding by the rule of law is one of the most important underlying principles of our constitution—but we cannot simply produce a lot of legalisms to shoot down the proposal without making any suggestion whatever of a practical kind that is likely to impact a great national problem, which we share as part of a global problem.
Finally—I am sorry that I have spoken for longer than I intended—I give this Government credit, not for coming up with the extraordinary idea of Rwanda but for making our contribution. We have done well with Ukrainian and Hong Kong refugees and admitted a lot of people from Afghanistan, although we could have made a better job of that. We are making our contribution to the global problem and taking a huge net increase to our population each year; we are getting some benefit, as it is helping our workforce. We are not becoming a walled-in, closed country. That is a good British contribution to a tremendous problem for the whole of the western world.
With no alternative policy in sight at all, this latest legal argument, which lies behind the key amendments here, is simply not a good enough reason for rejecting this policy. I do not know whether the policy will work, but we can no longer simply do nothing. To retreat into hours and hours of legalistic debate—which is very interesting, if you are interested in that kind of thing—is not rising to the occasion. Therefore, with a certain reluctance, I will yet again support the Government, which is not always my habit in this House.
My Lords, I did not intend to speak, but I cannot let this opportunity to refute what has just been said by the noble Lord, Lord Clarke, go unanswered. There are alternatives. One of the real alternatives is that you have a proper process, and I am disappointed to hear the noble Lord—someone I admire and have great affection for—speak about the rule of law while forgetting what it means. It means that people must have a process to decide on whether their rights will be recognised. On asylum seekers, we have written our names at the bottom of—
Let me complete a sentence. We put our names at the bottom of the refugee convention saying that we would provide asylum to people, but you need a decision-making process to decide those who are legitimate and those who might purely be economic migrants. We will deny people that due process and the rule of law. That is where I disagree so sincerely with the noble Lord, and where I say that a process has to be put in place that is speedy and effective, and that it should be allowed for.