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Grand Committee

Tuesday 5th March 2024

(8 months, 1 week ago)

Grand Committee
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Tuesday 5 March 2024

Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023

Tuesday 5th March 2024

(8 months, 1 week ago)

Grand Committee
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Considered in Grand Committee
15:45
Moved by
Lord Douglas-Miller Portrait Lord Douglas-Miller
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That the Grand Committee do consider the Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023.

Relevant document: 13th Report from the Secondary Legislation Scrutiny Committee

Lord Douglas-Miller Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Douglas-Miller) (Con)
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My Lords, these regulations were laid before this House on 10 January.

Litter and fly-tipping harm the environment and blight local communities. In a recent survey, 61% of the public thought that litter and dog fouling were a problem in their area, and 49% thought that fly-tipping was a problem. Street cleansing, including clearing up litter and fly-tipping, cost councils in England £822 million in 2022-23. There is clearly a need for more action to deter people from committing these offences, and to ensure that those who cause these problems face the consequences.

Councils already have a range of powers, including issuing fixed-penalty notices to those who litter, fly-tip or pass their household waste to someone without the proper licence. But we know that some councils are not using these powers, even where they have significant fly-tipping problems. In his anti-social behaviour action plan, the Prime Minster made it clear that councils should take a tougher approach to enforcement and make greater use of these fixed penalties. The Government have already taken steps to help councils do just that, including publishing new league tables providing transparency on how councils are using their enforcement powers for fly-tipping. Furthermore, the maximum fixed penalty councils can issue has been increased from £400 to £1,000 for fly-tipping, from £150 to £500 for littering, and from £400 to £600 for householders using an unlicensed waste carrier.

Income from these fines is retained by councils and currently ring-fenced for various functions related to waste management, including sweeping, emptying bins and household waste collection. We know that in a minority of councils, fixed-penalty receipts are absorbed into general council budgets or are spent on other neighbourhood functions. The Government believe that revenue received through payment of litter and fly-tipping penalties should be reinvested in expanding or improving councils’ enforcement functions and cleaning up the consequences of this anti-social behaviour. The instrument will ensure this by amending the qualifying functions on which councils can spend income from fixed-penalty notices issued for littering, fly-tipping and breaching the household waste duty of care, to enforcement and clean-up only.

By improving their enforcement capabilities, councils should be able to catch more perpetrators and deter others from offending, which should lead to cleaner streets, parks and the wider countryside. Enforcement functions could include employing more officers, investing in CCTV and signage and improving the use of data. Clean-up functions can include collecting and disposing of litter and fly-tipping, and restoring land which has been harmed. The instrument also retains the Secretary of State’s ability to make provisions by legislation in future on how local authorities in England use their fixed-penalty receipts.

Although this new ring-fence will apply to councils in England only, the instrument does include consequential amendments relevant to Wales to ensure that no changes are made to how local authorities in Wales can spend fixed-penalty receipts.

The instrument also makes consequential amendments to the Local Government (Structural Changes) (Further Transitional Arrangements and Staffing) Regulations 2009 to ensure that arrangements pertaining to the merging of authorities in England are not affected. Consequential amendments are also made to the Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, meaning that no changes are made to how authorities can spend income from these civil penalties.

In conclusion, this instrument will ensure that all councils in England reinvest the money they make from those fines into expanding or improving their enforcement functions and cleaning up the consequences of this anti-social behaviour. This should help deter people from harming our public space and make it more likely that those who do so face the consequences. I hope noble Lords will support these measures and their objectives. I commend these regulations to the Committee.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I congratulate my noble friend on bringing forward these regulations and, in particular, on ring-fencing the money raised through the fixed-penalty receipts. I will raise one issue with him. If I have understood it correctly, this still applies only to public land. If so, this is a missed opportunity. In incidents of fly-tipping on private land, as I am sure my noble friend may be all too aware from his home estate, we are increasingly seeing an element of criminality, with people taking construction waste and literally dumping it on private land.

I worked with the Environment Agency when I was an MP and a shadow Minister in the other place. It has a very good mechanism of cameras in strategic places—I know it does not always want it publicised—which can catch the perpetrators of this crime to very good effect. That makes it much easier for it to bring them to book. My concern is that there was a very powerful response from the NFU, among others, and I am sure that the CLA and the TFA would have responded in the same vein. In its response to the original consultation, which is the basis of these regulations, the NFU asked for

“greater consistency across how local authorities, the Environment Agency and the police engage with private land managers who are victims of fly-tipping. We believe it should not be the sole responsibility of the land managers to deal with this crime, when it is a community-wide issue”.

I would like to understand why, if that was in the consultation, the department chose not to apply the regulations or ASBOs to private land and what the basis was for that. The NFU concluded that

“it is imperative that these proposals are not limited to fly-tipping and littering incidents solely on public land”.

I am sure that my noble friend and others in the Committee will have seen the graphic images on television of people now taking matters into their own hands because the Environment Agency and the police do not always turn up. There was a very good example of how these criminals can be apprehended—although there are dangers attached to this—when four vehicles hemmed in one van that was dumping on to private land all the materials to which I have referred.

I accept that there is an inevitable cost to local authorities and the Environment Agency in finding the perpetrators and, for public land, removing this material, but we are missing the fact that most fly-tipping is increasingly on private land. I would like to understand why it was excluded from this. If we are to go down the path of people individually trying to apprehend perpetrators on private land when they are in the middle of a crime, that will bring inherent dangers and I am sure the Government do not wish to encourage it. In the instance to which I referred—I cannot remember which part of the country it was—they apprehended the perpetrator and he was brought to book. The police attended and criminal charges followed.

I applaud everything that the Government are doing to make these regulations, firm up government policy and make sure that the receipts are ring-fenced, but the weakness is that most fly-tipping is on private land and we seem to have left that out.

Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville (LD)
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My Lords, I thank the Minister for setting out the details of this SI on the fees received from fixed-penalty receipts for fly-tipping. I declare my interest as a vice-president of the LGA.

Fly-tipping is a scourge on our environment. During the passage of the Agriculture Bill there were several debates on the effect of fly-tipping on the farming community. Fly-tippers find it particularly easy to dump their spoils on droves, bridleways and open countryside, leaving the farmer to clean up the mess, often at considerable expense. The law is of no particular help to them. Local authorities issue fixed-penalty notices for littering and fly-tipping where they know who the culprit is, but this is often very difficult to ascertain. They are also able to issue notices for breaching the household waste duty of care. In this case it should be slightly easier to discover who the culprit is, but I wonder how often this power is used. Can the Minister say how many fixed-penalty notices were issued last year for breaching the household waste duty of care?

This SI is yet another example of central government adding to the burdens of local government. Subsection (5) of new Section 73ZA inserted by Regulation 2 of the SI is a good example of this:

“A waste collection authority must supply the Secretary of State with such information relating to its use of its fixed penalty receipts as the Secretary of State may require”.


Subsection (6) adds:

“The Secretary of State may by regulations make provision … about what a waste collection authority must do with its fixed penalty receipts pending the use of those receipts for the purposes referred to in subsection (2) or (3)”.


Subsection (7) of new Section 95A inserted by Regulation 3 inserts:

“The Secretary of State may by regulations make provision … about what an authority must do with its fixed penalty receipts pending the use of those receipts for the purposes referred to in subsection (3) or (4)”


Subsection (8) states:

“The provision that may be made under subsection (7)(c) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the authority”.


It is clear that central government does not trust local government to conduct its waste-collection functions effectively or to have the best interests of its communities at heart. As we have local elections coming up in part of the country in May, I wonder how many political leaflets will say, “If you vote in this election don’t be surprised if we are unable to carry out any of the usual services you expect of local councillors, as central government is continually putting extra duties and restrictions on the way we can operate”. This is nothing more than a tax to be collected by local authorities and paid to central government.

The Explanatory Memorandum tells us that the SI will

“add a new list of qualifying functions for local authorities in England”.

This should, allegedly, mean that more enforcement will take place, resulting in more fixed-penalty receipts, which would reduce incidents of fly-tipping and function as a deterrent. The logic appears fine, but it takes no account of “first find your fly-tipper”. I will share with the Committee an example of the way in which illegal fly-tippers operate, although I am sure everyone is aware of this. Last autumn, as I went to the GP surgery for my Covid booster, I had to negotiate a huge pile of what looked like cedar tree prunings in the middle of a junction in the road. This was at 9 am in the morning. By the time I came back 40 minutes later, council employees were there with a truck clearing the mess away, and I stopped to speak to them. They confirmed it was likely to be fly-tipping by an operator who had persuaded a householder that they were a legitimate contractor who could do some work for them but who was, in fact, an operator without a licence. There was, of course, nothing on the pile of tree branches to indicate who the culprit was.

I am afraid that restricting what local authorities can spend their fixed-penalty revenue on is not going to prevent fly-tipping. A wholesale campaign to alert the public to the fact that everyone who removes waste from a property or business must have a licence to do so, and that they should ask to see it before parting with money, is really the only way to reduce fly-tipping.

16:00
I note from paragraph 6.8 of the Explanatory Memorandum that this SI
“makes amendments to the Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018”,
to which the Minister has referred,
“to ensure no changes are made to how authorities can spend income from these civil penalties”.
Can the Minister explain why there is this differentiation between fixed-penalty fees for fly-tipping and those for littering from vehicles? Often, owners of private vehicles who drive to a quiet spot, empty out their rubbish by the roadside and then drive away quickly cause as much distress as large-scale fly-tippers.
I regret that I have so many questions to ask and comments to make on what I am sure the Minister feels is a routine SI. Paragraph 7.4 of the EM indicates that, before this SI, fixed-penalty receipts could be spent on
“‘waste on land’ functions … or recycling infrastructure”.
Paragraph 7.5 then states that local authorities should be using these fixed-penalty revenue receipts for reinvestment in expanding “enforcement functions” and preventive measures, as well as employing officers and
“cleaning up the consequences of this type of offending”.
However, paragraph 7.6 states what the SI will do now. Along with restrictions on what this revenue can be spent on:
“Enforcement data collection, analysis and publication costs will also be in scope of the revised qualifying functions, along with purchasing and maintaining equipment such as cameras and signage, and other investigation and enforcement costs”.
During the passage of the Agriculture Bill, I tried hard to persuade the Government that tackling on-farm fly-tipping would be assisted by the use of CCTV, but to no avail. Can the Minister say whether local authorities will now assist farmers by installing CCTV at fly-tipping hotspots alongside popular rural spots? The noble Baroness, Lady McIntosh of Pickering, referred to this. Consultation has taken place and there is a lot of detail on the views expressed in the 16 responses received; there were also round-table discussions. Although a lot of information is contained in paragraph 10 of the EM, the date the consultation took place is not given. Can the Minister provide the date?
Paragraph 12.2 of the EM states:
“There is no, or no significant, impact on the public sector”.
That is laughable. It is yet another example of government chipping away at local government powers and freedoms. The LGA is calling for the cap on FPN to be removed. This would help local authorities determine their own fines and get the funding they need to investigate and prosecute fly-tippers.
The LGA also wants to work with government and the Sentencing Council to review court guidance. Currently, fines imposed by the courts do not cover local authority prosecution costs, and the fines are lower than those available through civil penalties. Magistrates’ courts’ sentencing guidelines for fly-tipping need to be more consistent and stringent in order to function as an effective deterrent.
I fear that I am unable to welcome this instrument. It is another example of how dictatorial the present Government have become, to the detriment of the public, communities and local government.
Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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My Lords, I thank the Minister for his introduction of this statutory instrument. Waste enforcement is clearly an important issue, so I do not intend to make any throwaway comments. However, I have some questions for the Minister.

First, am I correct in thinking that this SI was laid, withdrawn and laid again? If so, was there a problem with it? Perhaps the Minister could clarify that I have not confused it with another SI.

In his introduction, the Minister referred to some of the key statistics in the Explanatory Memorandum. The figures from the Environmental Services Association’s research spell out the problem, and that it is increasing. The estimated annual national cost of fly-tipping was £209 million in 2015, and just three years later it had increased to £392 million. That is pretty appalling, so it is important that we have legislation that attempts to deal with the problem. Paragraph 7.2 of the Explanatory Memorandum gives the results of the recent survey, which again demonstrate that this is a really important and concerning topic to the public, of whom

“49% thought that fly-tipping was a problem”.

The noble Baroness, Lady McIntosh of Pickering, made some excellent points about fly-tipping on private land, and the noble Baroness, Lady Bakewell of Hardington Mandeville, talked about farmers. I know from where I live in Cumbria, as I am sure the Minister does, the huge costs associated with sorting out this problem on farms, particularly for small farmers, who simply do not have the ability to shift it. This is becoming a real problem, so I hope the Minister heard what the noble Baronesses said and that, if this is not the appropriate instrument to deal with it, something else can be done to address it going forward.

We have also heard about the involvement of local authorities. There is a commitment to limit the use of FPN proceeds to expanding or improving councils’ enforcement functions and cleaning up the consequences of this anti-social behaviour. As the Minister said, this was set out in the Prime Minister’s anti-social behaviour action plan last March. Can the Minister say why it has taken a year to bring this forward? It should be straightforward.

According to paragraphs 7.3, 7.4 and 7.5 of the Explanatory Memorandum, the revenue from FPNs is generally spent on street-cleaning activity rather than enforcement. My understanding is that this SI will mean that more revenue is spent on prevention, which is very welcome, but how do the Government see councils plugging the gaps in their general street-cleansing budgets through this instrument? The Minister talked about the amount councils can charge being increased through this SI, but there is still a cap on fixed-penalty notices for fly-tipping, littering and graffiti. Will the Government consider removing the cap and explore whether more stringent court fines for the worst offenders could help councils investigate and prosecute fly-tippers and deter repeat offenders? We know that some people make a living out of doing this.

The noble Baroness, Lady Bakewell, gave the Committee an extremely good example. In our own communities, we have all heard about instances of people saying, “We’ll take that away for you”, taking a fee and then dumping it on someone else’s land. These repeat offenders need sorting out. The noble Baroness also talked about CCTV. CCTV is now being used in some areas of the Lake District National Park, because people are dumping rubbish even in some of the most beautiful areas of our national parks.

The enforcement actions include employing officers who are authorised to issue the fines. Have the Government any figures on the average number of officers employed by each local authority in England, in order to get an idea of the number of people currently involved? It would be interesting to know whether these are full-time posts or part of the officers’ wider responsibilities; if the latter, how does the ring-fencing work? If they have different responsibilities and this is just one of them, how is the ring-fencing guaranteed?

Paragraph 10.1 of the Explanatory Memorandum refers to the consultation that took place with local authorities, and states that there were no responses from the West Midlands, which seems a bit odd. Why did the West Midlands not take part?

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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My Lords, I thank all three noble Baronesses for their contributions to this debate. I will start with fly-tipping on private land, which they all raised. The Government appreciate the difficulty that fly-tipping poses to landowners. As was pointed out, it is indeed deeply unfair and places a huge and unreasonable burden on private landowners. The Government are working with a wide range of stakeholders, such as the NFU, through the National Fly-Tipping Prevention Group, to promote and disseminate good practice, including how to prevent fly-tipping on private land.

Furthermore, in April last year, the National Police Chiefs’ Council established a new National Rural Crime Unit to support police forces nationally in responding to rural crime, including fly-tipping. Defra has awarded the National Rural Crime Unit a grant of £100,000 to fund a dedicated 12-month post, which started last month on the Northumberland-County Durham border, to explore the police’s role in tackling fly-tipping and how this can be optimised, with a particular focus on rural areas. Outputs from this will include training for police officers and working on intelligence-sharing across borders and between authorities.

Defra is also funding councils across the country to directly intervene at fly-tipping hotspots, including in rural areas, through the fly-tipping intervention grant scheme. For example, in Herefordshire, councils have seen a reduction in fly-tipping of over 90% across areas where CCTV—another issue raised by noble Baronesses —and signage have been installed, and they have developed stronger relationships with local farmers and landowners. If any noble Baroness has further specific questions on that issue, I will write to them.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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Why was it excluded from the regulations before us today?

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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I will write to my noble friend on that because I do not have that detail in front of me.

The noble Baroness, Lady Bakewell, stated quite a strong view about the Government passing this burden, if you like, on to local authorities. Interestingly, that was in fairly stark contrast to what my noble friend Lady McIntosh had previously said. That illustrates to me that there is no right or wrong way to do this; it is probably just a personal choice. Everybody will have a view about how it might be best done, but the Government’s view is that this is the best way to do it. I appreciate that that will not get much traction or be very well received, but it is the Government’s position, and that is where we will be heading.

The noble Baroness, Lady Bakewell, mentioned the powers of the Secretary of State. The Secretary of State already has these powers but due to the drafting required to retain the status quo, it has been necessary to restate them. This is linked to retaining the status quo in Wales. She also asked why there is a difference in the value of littering and fly-tipping. That is largely related to the volume associated with fly-tipping. It tends to be much greater and has the potential to cause much more damage to the land. Sorting out that problem usually takes a little more time and costs a little more money.

The noble Baroness also asked about the date of the draft consultation. I will write on that, because I do not have that detail with me.

The noble Baroness, Lady Hayman, asked whether the SI had been laid, withdrawn and then relaid. She is absolutely correct; this is the exactly the same thing, but there have been a number of changes since then. There were some typographical errors in the last one which this seeks to address. I think she also asked why it has taken so long. The best answer I can give is that it is due to pressing parliamentary business. Other questions related to the number of officers employed and why the West Midlands do not feature in the consultation. Again, I am afraid I cannot give any details on that but will write.

I hope I have answered your Lordships’ questions and that all noble Lords share my conviction of the need for this instrument. As I outlined, it will help move more income from fixed-penalty receipts to building enforcement capability and capacity within English councils, meaning that more offenders are brought to justice. At the same time, the increased deterrent effect should make people think twice before ruining the local environment for the rest of us. I commend these regulations to the Committee.

Motion agreed.

Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024

Tuesday 5th March 2024

(8 months, 1 week ago)

Grand Committee
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Considered in Grand Committee
16:16
Moved by
Lord Douglas-Miller Portrait Lord Douglas-Miller
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That the Grand Committee do consider the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024.

Lord Douglas-Miller Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Douglas-Miller) (Con)
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My Lords, we have an afternoon of waste regulations today. These regulations were laid in draft before the House on 17 January. They amend the Packaging Waste (Data Reporting) (England) Regulations 2023. Since June last year, when those regulations were first amended, there has been significant change and development of the collection and packaging reforms. This includes a 12-month deferral to the full implementation of the packaging extended producer responsibility scheme, in order to focus on stakeholder engagement, and a delay to the Scottish deposit return scheme. These events have caused several issues that now require amendments to producers’ data reporting obligations.

I turn to the details of this instrument. These regulations introduce two key changes, but I assure the Committee from the outset that these changes are not a change of policy intent; instead, they address the delay to the Scottish deposit return scheme and stakeholder concerns. First, this SI removes the exemption from data reporting on drinks containers that would have been obligated in a Scottish deposit return scheme. The delay to that scheme, combined with the exemption from the data reporting regulations, meant that 180,000 tonnes of packaging would have gone unobligated for a number of years under both the deposit return scheme and the packaging extended producer responsibility. This amendment accounts for this development and ensures that all packaging supplied in the UK will attract a recycling obligation. The new provisions will exempt this material again once a deposit return scheme is operational.

Secondly, this instrument responds to stakeholder feedback on the definition of household packaging. These amendments address two key aspects of this feedback, broadening the definition to allow for more packaging to be exempt from disposal fees. The first update to the definition concerns packaging, or a packaged product, designed only for use by a business or a public institution: for example, a 50-litre beer keg. Under the current definition, if this beer keg is sold to a wholesaler before being supplied to the pub that uses it, this packaging would have to be reported as household packaging. However, large beer kegs are unlikely to end up in household bins. Our amendments introduce an additional test that offers producers the opportunity to exempt such packaging from being treated as household packaging.

The second update widens this “business only” exemption to include packaging or a packaged product that is supplied to public institutions, such as hospitals or schools, and is unlikely to end up being disposed of in a household bin, such as packaging for an ultrasound scanner or restricted medicines. These amendments allow for more packaging to be fairly exempted from being defined as household packaging and therefore not attract packaging extended producer responsibility disposal cost fees. However, all packaging, regardless of whether it is household packaging or not, will remain subject to packaging extended producer responsibility recycling obligations, as at present. This requires producers to purchase evidence from recycling facilities and those who export packaging for recycling; this is then used as proof that their recycling obligations have been met.

In addition to the two key areas that I have discussed, these regulations also make a number of other changes. There are four amendments that were identified not long after the original regulations came into force in early 2023. We were not able to include these in the amendments midway through the 2023 data collection year as they would have retrospectively increased obligations. We therefore always intended to make these changes starting from the 2024 reporting year.

This includes an amendment to clarify that the packer or filler is obligated for branded packaging if the only brand on that packaging relates to the packaging itself, not the product inside. For example, if a packer or filler puts their product in a branded “Jiffy bag” but does not add their own brand to it, the packer or filler is obligated, not Jiffy. I hope that is clear.

A further amendment to the regulations clarifies who is responsible for packaging where ownership is retained by an overseas producer while a UK-based third party imports or manufactures the product on their behalf. Once the ownership is passed to a UK-based client, that person, as the first UK-based owner, becomes obligated for that packaging. This could be a supermarket or wholesaler. This amendment ensures that packaging does not go unobligated.

The third amendment addresses a loophole to ensure that distributor producers retain their obligations where they sell empty packaging to large producers that then sell the packaging onwards without filling it, for example where a distributor makes coffee cups and sells them to a wholesaler, and then that wholesaler sells them on to a small coffee shop. In this scenario, the amendment will make the distributor the obligated producer for those coffee cups.

The regulations also amend the data reporting requirements on the nation in which packaging is sold. The regulations already require reporting by nation of packaging sold from a business to a consumer. This fix extends this requirement to ensure that data on the nation in which packaging is sold from one business to another is also collected. This was always the intention and will help enable recycling rates to be tracked individually in each nation. In addition, we are making an amendment that will aid distributor producers to comply with the regulations. It does this by requiring the Environment Agency to publish a list of all large producers that have reported data, supporting distributors to identify which of their customers are obligated producers in their own right.

Finally, the SI includes some minor amendments to correct drafting; some provisions to accommodate for the transition from the Producer Responsibility Obligations (Packaging Waste) Regulations 2007; and some changes to help avoid the reporting of one piece of packaging by two producers. These amending regulations will apply to England only, but similar amending regulations are being progressed in Wales, Scotland and Northern Ireland. My officials have worked closely with the relevant departments in the devolved Administrations in the development of this legislation.

In conclusion, I emphasise that the measures in these regulations are crucial for enabling the effective implementation of extended producer responsibility for packaging and realising its associated environmental benefits. I commend these draft regulations to the Committee.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I thank my noble friend for tabling these regulations. I have two quick questions.

First, throughout the Explanatory Memorandum, a key theme is the link between the regulations before us and the extended producer responsibility regulations. When might we expect to see them? The two fit quite closely together. I do not know whether my noble friend can give us a date, but I understand that those regulations will contain guidance relating to the ones before us.

Secondly, I looked up the cost-benefit analysis and if I understand it correctly, the costs are about £1,200 million per year, presumably to producers of the packaging —I do not know whether that includes local authorities—and the benefits are zero. If so, is that beneficial going forward, on the basis of that cost-benefit impact assessment?

Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville (LD)
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My Lords, I thank the Minister for his informative introduction to this long-awaited and much-heralded SI. He will be relieved to know that, unlike the previous SI, I am not outraged by this one.

These regulations come into effect on 1 April 2024. Large producers must collect the data from 1 January to 30 June this year but may not have to report it. However, all must collect and report the data from the commencement date of 1 April to 30 June, according to the Explanatory Memorandum. It is not clear what the large producers are expected to do. Can the Minister provide some clarification?

The Environment Agency will provide the necessary guidance for this SI. Why is it necessary for the EA to do so? Why is Defra not doing it? The EA is already under-resourced and under pressure, with a wealth of other duties. Surely Defra, which has increased its staff considerably in recent years, could have produced this guidance for what is, after all, a government policy objective.

These regulations relate to the extended producer responsibility scheme, as the Minister said, whereby producers will pay a tax for the amount of packaging they release on to the market. However, information about the cost will not be available until the producer responsibility, packaging and packaging waste regulations are produced. Smaller producers are particularly affected by not knowing the likely level of fees, and cash flow is a vital element of their businesses. I am sure the Minister is ready for the next question and will have a substantive answer. Exactly when will these regulations be published? Without them, the exercise we are going through today is somewhat meaningless.

I fully support these regulations, which should help considerably to eliminate plastic and other non-compostable waste from our environment. I have been contacted, as I am sure have others, by the Federation of Wholesale Distributors. It too is wholly supportive of the regulations but has a couple of reservations. usbIt feels that it is essential that the Government and the Environment Agency work with the sector on the types of products that will be classified as household waste. Can the Minister give a reassurance on this issue? The FWD is also keen to see continued collaboration between the Government and the wholesale sector to ensure that EPR remains a pragmatic and inclusive policy. I fully support the FWD in its aims and objectives. It is only by working together that a solution which suits all will be found and, therefore, be successful.

16:30
Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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My Lords, I, too, thank the Minister for his clear introduction. Previous speakers have asked the questions I am particularly interested in, so I shall be brief. We support any measures aimed at promoting better use of our natural resources and increasing reuse and recycling. Establishing correct base data is fundamental to the success of the extended producer responsibility scheme for packaging, so we welcome this instrument.

We appreciate the reasons behind the instrument, which the Minister explained very clearly. However, I have a question about paragraph 10 of the Explanatory Memorandum, which deals with the consultation outcome. Paragraph 10.5 say that a third consultation on PEPR ran from July to October 2023. Paragraph 10.6 states that the response is being reviewed and that a summary is expected to be published in the spring of this year, which is only a few weeks away. Is it expected that anything in the outcome of that consultation might have been useful to have ahead of this legislation? It seems a bit odd that the Government did not finish the consultation before introducing this legislation. If there is something useful in it, are we likely to see a similar SI in the near future?

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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I thank the noble Baronesses for their questions. I am not sure that I grasped the nub of my noble friend Lady McIntosh’s question. I wonder whether I might chat to her afterwards about it, or I can write to her, or both.

The noble Baroness, Lady Bakewell, asked when producers are going to get clarity concerning fees for the extended producer responsibility packaging scheme. Producer fee rates will be set and published by the scheme administrator. Rates for the 2025-26 financial year will not be known until spring 2025, once all the producer packaging data has been received and checked. In the meantime, to support producers we aim to publish illustrative fees as soon as possible.

The noble Baroness, Lady Bakewell, also asked about stakeholder concerns about EPR. We continue to listen to feedback from all stakeholders throughout the development and delivery of this policy. The 12-month deferral of producer fees from 2024-25 has given producers an additional year to prepare for them, while also giving us the opportunity to consult producers on the deliverability of the draft regulations. Some of the amendments to this SI are in direct response to the feedback we have received from the consultation.

The noble Baroness, Lady Hayman, asked about the planned consultation. I think it would be best if I wrote to her on that. I am not aware of anything that is likely to come out of that which would require us to do another SI.

I hope I have covered most of the questions; if I have missed anything, I will write. I trust that noble Lords understand and accept the need for this instrument, which will make crucial changes to the Packaging Waste (Data Reporting) (England) Regulations 2023. These changes will ensure that drinks containers supplied in Scotland pick up an obligation in the same way that drinks containers supplied elsewhere do. The amendments will also widen the provisions that allow some primary and shipment packaging to become exempt from being defined as household packaging.

I thank noble Lords once again for their contributions and support today, and I commend these regulations to the Committee.

Motion agreed.

Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024

Tuesday 5th March 2024

(8 months, 1 week ago)

Grand Committee
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Considered in Grand Committee
16:36
Moved by
Lord Johnson of Lainston Portrait Lord Johnson of Lainston
- Hansard - - - Excerpts

That the Grand Committee do consider the Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024.

Relevant document: 12th Report from Secondary Legislation Scrutiny Committee

Lord Johnson of Lainston Portrait The Minister of State, Department for Business and Trade (Lord Johnson of Lainston) (Con)
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My Lords, as a matter of good practice, I refer the Committee to my interests. I do not believe that there is any conflict with these specific measures.

The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024, the Electricity Capacity (Supplier Payment etc.) (Amendment and Excluded Electricity) Regulations 2024, the Energy-Intensive Industry Electricity Support Payments and Levy Regulations 2024 and the Renewables Obligation (Amendment) (Energy Intensive Industries) Order 2024 were laid on 23 and 24 January this year. I acknowledge that the Joint Committee on Statutory Instruments provided a helpful review of these instruments and did not draw the special attention of this House or the other place to them. I also acknowledge that the Secondary Legislation Scrutiny Committee has reported these statutory instruments as instruments of interest to Members.

Together, these four instruments make up the British industry supercharger, which aims to support our most energy-intensive industries with the cost of electricity. Energy-intensive industries, known as EIIs, include important foundational manufacturing sectors such as steel and metals in Port Talbot, for example; chemical manufacturers; paper, glass, ceramics and so on. As foundation industries, these businesses are critical in the development of new projects including offshore wind. They therefore play an important role in the transition to net zero.

The British industry supercharger also provides relief for new and emerging industries such as battery manufacturers, which are critical to electric vehicles and manufacturers of semiconductors, which are critical to the high-tech economy. Due to their nature, these industries require significantly more electricity use than other sectors. As a result, they are disproportionately impacted by high electricity prices.

The Government already provide some electricity price support to these industries, but there remains a competitive gap with other nations. In the UK, our electricity prices for medium and large industrial users were the highest in western Europe in 2019, so these regulations importantly seek to close that gap, ensuring that British industry can thrive and grow, attracting new investment rather than losing out to cheaper production overseas, and helping to mitigate the risk of carbon leakage due to cheaper energy costs elsewhere.

This existing support was put in place in 2017 and, since then, over 370 businesses have benefited from an 85% exemption from certain renewable energy levies. Under these new measures, those business that are eligible for the exemption scheme will not only see an increase in the value of their exemption, up to 100%, but benefit from a new exemption from capacity market charges, as well as receiving compensation for a proportion of their network charges.

Taken together, the Government estimate that this support could be worth, on average, around £24 to £31 per megawatt hour, closing the competitive gap between UK industrial energy prices and those faced by international competitors.

These savings are funded by spreading the cost widely among all other electricity consumers, which is estimated to add between 5 to 10 pence per week to the average domestic bill, and increase electricity costs for non-domestic consumers by about £1 a megawatt hour, once all measures have been fully implemented by 2025-26. These are clearly estimates, since the energy market is highly volatile, but these are our projections and it is important to understand the scale of the effect.

The sectors eligible for the British industry supercharger support scheme employ around 400,000 workers and account for more than a quarter of total UK exports. Many are located in areas of economic disadvantage and provide good, high-paid jobs. This carefully crafted support will mean strategically important UK industries remaining competitive on the world stage. We will back these businesses to keep on growing our economy and delivering into the UK both high-quality jobs and investment as well as the products that we rely on for our everyday lives and work.

I shall summarise for noble Lords. These regulations amend the Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015, which make provision for indirectly exempting eligible energy-intensive industries from the full costs of funding the contracts for difference scheme as set out in the Contracts for Difference (Electricity Supplier Obligations) Regulations 2014. They amend the Electricity Capacity (Supplier Payment etc.) Regulations 2014 to make provision for indirectly exempting eligible energy-intensive industries from the costs of funding the capacity market. They make provision under the Energy-Intensive Industry Electricity Support Payments and Levy Regulations 2024 for electricity support payments to be provided to energy-intensive industries for the purpose of alleviating the impact of electricity costs under the proposed network charging compensation scheme. They amend the Renewables Obligation Order 2015 to allow the Secretary of State for the Department for Energy Security and Net Zero to revise the renewables obligation level for the 2024-25 scheme year; this will allow the implementation of the increased EII exemption rate under this scheme from 1 April 2024 onwards.

In conclusion, this suite of regulations will help bring electricity costs down for the most energy-intensive and trade-intensive industries—such as steel, chemicals, glass and battery manufacturers—to a level similar to those of their European counterparts. In my view, this is crucial in helping UK-based firms remain competitive, incentivising investment and a move towards decarbonisation through electrification. With that, I beg to move.

Earl Russell Portrait Earl Russell (LD)
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I thank the Minister for introducing the regulations. Before I start, let me say that I will not speak for longer than I would do if we were dealing with just one set of regulations; I will treat all the regulations together and not go through them individually. I will conclude by asking just a couple of questions. I apologise in advance if any of my questions are wrong. These are quite complicated regulations so I offer any advance apologies as necessary.

These four draft instruments propose to implement jointly the key aspects of the British industry supercharger, a package of measures that the Government announced back in February 2023. It aims to make strategic energy- intensive industries, or EIIs, in the UK—for example, steel production, cement production and glass manufacturing, as well as other areas including critical national infrastructures such as steel and chemicals—more competitive. This is to be achieved by closing the gap in electricity prices between the UK and our competitor countries, especially in the European Union. I note that these measures apply only in the UK and not in Northern Ireland.

Despite the technical names of these regulations, there is a back story to all of this, with the war in Ukraine, Covid and our continued reliance on importing energy. We know the impact that this has had on the increase in energy bills in the domestic sphere. These measures are the equivalent of saying, “It’s a question of the Government supporting these energy-intensive industries to make sure that they can continue, survive and flourish in a market where energy prices are rising”. However, I want to be clear: they water down some of the reforms to our carbon markets that have previously been agreed.

I understand that the impact of these measures will be that the cost of emitting 1 tonne of carbon under the UK’s emissions trading scheme will fall from almost £100, as it was a year ago, to about £47. I also understand that the costs will be borne by bill payers, be they domestic consumers, small and medium-sized industries, charities, the health sector or the education sector in this country. I understand that, for these industries, the percentage of their operating costs that is represented by the cost of energy has risen; in some cases, it has risen from 3% of their operating costs to 10% or in some cases 15%. So I recognise that these instruments are important and necessary. I will not go through them individually; I had a sentence on that but, in the interests of time, I will cut that out.

16:45
The Government estimate that around 300 businesses will benefit from the support package. The total value of the reduced prices is estimated to be between £320 million and £410 million in 2025, and around £5.1 billion over 10 years. As I said, the cost will be borne by both domestic and non-domestic consumers. In 2025, this is expected to add £4 to £5 to the annual electricity bill of the average household and lead to an increase of less than 1% in electricity costs for businesses. Although I recognise that those costs are small as percentages, they come on top of the cost of living crisis and the energy crisis, and any increase in bills will have an impact on various sectors of the UK economy.
My understanding is that the oil refining and electricity generation sectors are not included in these regulations. Can the Minister confirm this? This is about the cost of carbon leakage. Can he confirm that not every sector with carbon leakage is covered by these regulations and that other sectors are still to be covered? I recognise that the Government are in a difficult position on some of these matters because, in some areas, calculating carbon leakage is very difficult. Where there are no treaties or agreements, the Government may not be able to make those comparative calculations.
I understand that, over time, there may be new international agreements, but in the interregnum what more will be done to help these two industries meet the increased cost of energy? What action will the Government take to make sure that they are not put at a competitive disadvantage? Have they thought about the impact on those industries if they are excluded from these packages while other intensive industries are included? Will that put them at a further disadvantage? I recognise that these are difficult and challenging things, but I am sure that the Government would not want to see certain sectors left out. Can the Minister say what plans the Government have on that and how we get to parity for all high energy-use sectors in the UK?
On the timeframe, how long do the Government expect these measures to continue? I understand that, over time, the Government need to bring down our energy emissions in line with their goals for net zero. Can the Minister set out a forward timetable for how the Government see that move happening over time? At the moment, we are subsidising our heavy, energy-dependent industries to continue to burn fossil fuels, but that sits awkwardly with the timeframe of our need to hit net zero. Can the Minister say a word about that?
As I said, I recognise that these impacts on households are small, but in the light of the impact assessments that the Government have already done, do they feel that there is any need to go further with exclusions for, say, our health service or education? Our NHS and schools are struggling. Even though the costs are small, in these big public service sectors there is no spare skin on the bone to deal with further costs. Are the Government happy with that?
Finally, do the Government have any further plans for reforms to the network access charges? Do they plan to publish the technical guidance, or has it been published already? If not, can I get a timetable for that? Has a full monitoring and evaluation scheme been agreed, and how will its findings be published?
Lord Leong Portrait Lord Leong (Lab)
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My Lords, I thank the Minister for setting out these instruments so clearly and the noble Earl, Lord Russell, for his contribution. These four instruments implement key aspects of the British industry supercharger, as mentioned by the Minister, a package announced in February 2023 to make energy-intensive industries—EIIs—in Great Britain competitive. These industries face challenges in the coming decade. The primary issue is the relatively high cost of energy in the UK, which makes it difficult for them to remain internationally competitive. Furthermore, there is a need for them to implement transitions toward greener technology, with lower carbon leakage, as we strive to move towards a net-zero economy. We recognise these challenges and broadly support these instruments, in so far as they seek to address them for these industries, which are vital for our national security and the literal fabric of our national growth.

The first instrument exempts eligible EIIs from the costs associated with funding the capacity market and seeks to ensure that there is sufficient supply despite fluctuations in demand, especially at peak times of day or in colder periods, and in supply, for example when wind generation is low. While we support this instrument, have the Government considered whether this will lead to any shortfall in the capacity market? If so, what measures are in place to mitigate this?

The second instrument concerns additional costs due to green levies which the UK imposes and some of our international competitors do not. We do not want this differential cost to drive our energy-intensive industries abroad, so this instrument adjusts an already existing scheme and exempts EIIs from 100% of the costs of funding various environmental schemes. Industrial electricity costs in comparable neighbouring countries are evidently not static, so will the Government keep them under review? If there is movement, do they have plans to make further adjustments if necessary?

For both these instruments, the Government’s calculations accept expected increased electricity bills for non-eligible users, including small businesses, charities and households. For this instrument, that is cited at 20p to 30p per megawatt hour. With the current spot price at just under £60 per megawatt hour and the reduction since the start of this year already being closer to £30, that certainly does not seem a massive amount. However, will the Minister outline how much these regulations, in conjunction, will add to the average household electricity bill per annum? The third instrument follows by necessity to enable the Secretary of State to revise the renewables obligation level from 2024-25.

The fourth and final instrument makes minor amendments to the Energy Act 2023, sets out funding for the payments via a levy on suppliers and appoints an administrator. Such support payments are to be made to the EIIs quarterly. Will there be an automated process for eligible recipients to receive these payments with the minimum administrative fuss? Have the Government made forecasts as to whether the costs of this scheme will outstrip the contributions from the electricity suppliers, which will effectively be funding the EII support levy? Are there any provisions in place for this possibility, so that the scheme does not collapse if it is successful?

This instrument allows corrections to be made to support payment entitlements. It will also make provisions for the administrator to hold a reserve fund so that EIIs will always be able to receive payment. Do the Government expect this will need to be used? If so, how big will it be and is there a maximum time limit over which the administrator will be expected to cover the shortfall?

We will be very happy to support these four instruments if the Minister can provide some assurances on the concerns I have mentioned. I look forward to his response.

Lord Johnson of Lainston Portrait Lord Johnson of Lainston (Con)
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My Lords, I am grateful to the noble Earl, Lord Russell, and the noble Lord, Lord Leong, for their comments. These measures are extremely important if we are to have a sustainable heavy industry in this country. If I may take my own experience as Investment Minister, I have unquestionably been able to land a significant amount of investment—some of the biggest investments that we have announced to date, particularly in the car and advanced manufacturing industries—because we have these mechanisms in place. It is not even ambiguous. It is a clear point of fact in these discussions and is very important.

The noble Earl rightly raised that we do not want to be subsidising carbon-intensive businesses out of some desire to keep historic organisations going, contrary to our net-zero ambitions and our overall industrial policy. It is right to challenge the principle of carbon leakage, which is exactly what would happen if we did not operate this process. It is designed to help these businesses to decarbonise. For example, for Port Talbot, which will obviously be a receiver of these support packages, the intention is clearly that it will decarbonise. If you look at the car industry, it is going to an EV industry, and rightly so.

The noble Earl asked when the next review will be, how we will review it and how we add companies. This is an issue with novel technologies coming forward and with industries that need this support, which may not already be under a current and easy-to-define classification. Quite rightly, we will review this. The next review point is 2026. This measure will come into force next month so it seems logical that there is an 18-month or two-year period for review. I am absolutely sure that, at that point, there will be some quite significant changes. It gives us an opportunity to take companies and sectors out and put new companies and sectors in. I am positive about that.

I am also positive about the ability to spread the cost. The noble Lord, Lord Leong, rightly asked how much this will add to the electricity bills of an average household. These are the dreaded averages but we are looking at £4 to £5. I am very aware that there is a cost of living crisis and that there are other pressures on people’s households but, when you look at the ability to target this type of support for that type of diffuse outcome, it makes a lot of sense. The noble Earl, Lord Russell, mentioned the power-generating and petrochemical industries, which do not qualify for this. I am sure that there are others that do not qualify; we would be happy to provide a specific list. It is a 1% increase overall.

Noble Lords will know that I have spent many years in investment and looking at financial markets. The energy markets present a high degree of volatility. The gas prices now are lower than they have been for a considerable period. We are very dependent on gas, which is why our own power structure is so complex to manage. Looking at the network costs, the capacity market charges that are made and other exemptions, these mechanisms are really about removing the obligations to invest in the net-zero ambitions of the UK while expecting businesses to do it for themselves. There is a sensible trade-off there. It is well balanced.

The noble Lord, Lord Leong, asked whether there would be a shortfall in the capacity market point because of the effective compensation being paid. As I understand it, that charge has never been utilised. We are confident that there is no effect on the capacity market in terms of the charges that are being made; I would be happy to investigate that further. On technical guidance and the transparency around these processes, let me say that, as Minister for regulatory reform, better regulation or smarter regulation—whatever the current title is—impact assessments are important to me. I hope that all noble Lords have read the impact assessment reports for these statutory instruments; anyone listening to this debate is also welcome to do so. It is a transfer rather than a new cost so it does not show up on the impact assessment process as clearly as it would do if it were a new principal regulation.

It is important that there is as much transparency as possible because these are, in effect, transfer charges. This is a transparent system; to some extent, it requires the complicit consent of industry in general and the public. It is important that this is happening in a private sector capacity with government direction. We feel that this is absolutely the right thing to do. It is highly diffuse in its impact and very targeted. We believe that it will allow the UK to be incredibly competitive when it comes to developing its advanced manufacturing ambitions.

I hope that I have answered all the questions from noble Lords today. If I have not, I will certainly scrutinise Hansard and welcome any follow-up, but this is a relatively uncontentious series of statutory instruments.

In summary, the noble Earl, Lord Russell, mentioned that he was not going to address each statutory instrument individually; he was quite right not to, not just in the interests of time but because this is one package—they are naturally separated for reasons of legislative complexity but this is the British industry supercharger. It presents a powerful package to industry and sends a strong message to the country and internationally that we want to support businesses as they develop and decarbonise. Support for our economy gives us great growth for the future. With that, I commend this instrument to the Committee.

Motion agreed.

Renewables Obligation (Amendment) (Energy Intensive Industries) Order 2024

Tuesday 5th March 2024

(8 months, 1 week ago)

Grand Committee
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Considered in Grand Committee
17:01
Moved by
Lord Johnson of Lainston Portrait Lord Johnson of Lainston
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That the Grand Committee do consider the Renewables Obligation (Amendment) (Energy Intensive Industries) Order 2024.

Relevant document: 12th Report from Secondary Legislation Scrutiny Committee

Motion agreed.

Energy-Intensive Industry Electricity Support Payments and Levy Regulations 2024

Tuesday 5th March 2024

(8 months, 1 week ago)

Grand Committee
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Considered in Grand Committee
17:01
Moved by
Lord Johnson of Lainston Portrait Lord Johnson of Lainston
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That the Grand Committee do consider the Energy-Intensive Industry Electricity Support Payments and Levy Regulations 2024.

Relevant document: 12th Report from Secondary Legislation Scrutiny Committee

Motion agreed.

Electricity Capacity (Supplier Payment etc.) (Amendment and Excluded Electricity) Regulations 2024

Tuesday 5th March 2024

(8 months, 1 week ago)

Grand Committee
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Considered in Grand Committee
17:01
Moved by
Lord Johnson of Lainston Portrait Lord Johnson of Lainston
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That the Grand Committee do consider the Electricity Capacity (Supplier Payment etc.) (Amendment and Excluded Electricity) Regulations 2024.

Relevant document: 12th Report from Secondary Legislation Scrutiny Committee

Motion agreed.

Data Protection Act 2018 (Amendment of Schedule 2 Exemptions) Regulations 2024

Tuesday 5th March 2024

(8 months, 1 week ago)

Grand Committee
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Considered in Grand Committee
17:02
Moved by
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom
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That the Grand Committee do consider the Data Protection Act 2018 (Amendment of Schedule 2 Exemptions) Regulations 2024.

Relevant document: 13th Report from the Secondary Legislation Scrutiny Committee

Lord Sharpe of Epsom Portrait The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
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My Lords, this instrument, which was laid before the House on 31 January 2024, would amend paragraph 4 of Schedule 2 to the Data Protection Act 2018, more commonly known as the immigration exemption. The Government are amending these provisions following the Court of Appeal judgment on 11 December 2023, which found the immigration exemption incompatible with provisions in the UK GDPR. The court suspended the effect of the judgment until 11 March 2024 to allow the Government time to make the necessary amendments.

I will briefly outline what the immigration exemption does and the changes being made by these regulations. Parliament included the immigration exemption in the Data Protection Act 2018. It provides a legal basis to derogate from certain data subject rights where their exercise is likely to prejudice effective immigration control. For example, a data subject has the right to request and receive details of what personal data is held about them and how it is being processed. Under the provisions of the immigration exemption, the Government may limit the information provided in response to that request if, for example, the provision of that information would tip off the data subject that they were about to be subject to immigration enforcement. The immigration exemption is therefore an important provision in the DPA 2018 that allows the Government to protect the functioning of the immigration system. This was noted specifically by the Court of Appeal in its judgment.

The Court of Appeal’s judgment noted two technical deficiencies in the current exemption. First, the safeguards to be applied to the immigration exemption needed to be in the legislation itself; this is being amended by the regulations’ new paragraph 4A, which inserts the safe- guards on the use of the immigration exemption previously contained in the immigration exemption policy document into the legislation.

The court also determined that the risks to rights and freedoms of individuals were not sufficiently set out in the legislation. This is being remedied by new paragraph 4A(3), which specifically sets out the rights and vulnerabilities that should be taken into account when exercising the exemption. By including these explicitly in the legislation, we are providing increased clarity on the safeguards that are already applied when exercising the provisions of the exemption.

The Government are also choosing explicitly to include provisions as to the balancing exercise that must be undertaken when determining whether the exercise of data rights is likely to prejudice effective immigration control and, if it is necessary and proportionate, to restrict such rights as a result. The draft regulations were subject to consultation with the parties to the judicial review proceedings as well as the Information Commissioner’s Office. The ICO issued a public response to the consultation confirming that it was content with the regulations.

The Government have acted to meet the requirements of the Court of Appeal’s judgment while continuing to ensure that there are necessary safeguards in the legislation to protect effective immigration control. I commend the regulations to the Committee.

Baroness Hamwee Portrait Baroness Hamwee (LD)
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My Lords, I thank the Minister for that explanation. I have to say that my recollection is that the issue is much wider than the exemption and ensuring that there is no tip-off to somebody who is about to be visited by immigration enforcement. Let me give an example that was borne out after the Act was passed: solicitors acting for data subjects were unable, as we had anticipated, to find out what the Home Office thought it knew—I put it that way deliberately —about their clients.

I have some general points to make; I will do so fairly quickly. It would be optimistic to think that the Home Office had taken from this saga that objections and criticisms—in the form of amendments, obviously—can be helpful because we could have avoided a lot of effort in rectification. My noble friend Lord Clement-Jones will go into some of the history; I must admit, I do not recall much detail except for being teased frequently by the noble Baroness, Lady Williams, when she was the Home Office Minister, because I brought up our objection to the immigration exemption so often.

I feel strongly that it should not have to be for non-governmental organisations that are no doubt strapped for cash to do so much in order to get things right. I appreciate that that is part of our democracy; I do not object at all to the fact that they can do so, of course, but they should not have to. An application, an appeal, another judicial review, another appeal—at what cost to those organisations and the taxpayer! I emphasise that there is an exclamation mark, not a question mark, at the end of that sentence.

This saga is one of those episodes that vindicates the role of the courts, often in language that I, for one, relish. We have spent a lot of time in the Chamber recently discussing the role of the courts in our constitution; to give one example of the language, I really liked the understated use of

“over-broad derogations from fundamental rights”.

As the Minister said, the litigants were consulted before the publication of the SI. The Secondary Legislation Scrutiny Committee reports that it made three points, of which one, on oversight, was rejected by the Home Office and one was regarded by the Home Office as not necessary. Can the Minister tell the Committee what these were and why they were not pursued?

On the detail of the instrument, I note that it will be a matter for the Secretary of State to balance the risks to the individual and the risks to the state. I happen to think that it is in the public interest to apply exemptions with a very light touch, but of course it is no secret that the Liberal Democrats have problems with the Home Office’s immigration policy, and I fear that the reputational ship is well on its way. Clearly, there is an imbalance of power. That is inevitable, but it is not easy for the individual data subject to exercise his rights, and we should be aware of that.

Can the Minister also tell us what the Home Office will do to ensure that there will be transparency of decisions so that it can appropriately be held to account? Mechanisms must be written into the procedures. New paragraph 4B of Schedule 2 provides for a record of decisions and reasons. How will that be published and what will happen to it?

Will the Minister also comment on the capacity of immigration enforcement—and whoever else needs to—to look at prospective decisions on a case-by-case basis for each disapplication? I recognise that that will not necessarily be a straightforward and easy exercise, but it certainly requires a great deal more than, “It’s okay; it’s immigration, so we can just rely on the exemption”. Case-by-case decision-making is very important.

Finally, I note that the Explanatory Memorandum tells us that there is no full impact assessment because the instrument

“does not substantively alter the safeguards and considerations for applying the Immigration Exemption”.

I have to say that I thought that was the point.

Lord Clement-Jones Portrait Lord Clement-Jones (LD)
- Hansard - - - Excerpts

My Lords, this set of regulations is a step forward, but with all the caveats that my noble friend made, and I have some more.

As the Minister confirmed, these regulations are the result of the Open Rights Group case—the Court of Appeal judgment in the3million & Anor, R (on the application of) v Secretary of State for the Home Department & Anor—which confirms the earlier High Court judgment in March 2023. In broad terms, the Court of Appeal found that the immigration exemption in Schedule 2 to the Data Protection Act 2018 conflicted with the safeguards in Article 23 of the UK GDPR, as the Minister said. This was because the immigration exemption was drafted too broadly and failed to incorporate the safeguards prescribed for exemptions under Article 23 of the UK GDPR. It was therefore held to be unlawful and was disapplied.

These regulations follow two previous attempts by the Home Office to craft an immigration exemption which contained sufficient safeguards to satisfy the requirements set out in Article 23 of the UK GDPR. This is the third shot at it. In order to make the immigration exemption compatible with the requirements of Article 23, as the Minister explained, the Government added a number of safeguards to the exemption which were not there before. These are set out in the regulations. They are worth stating because they are really important requirements, which were omitted previously.

They include requirements to: make decisions on the application of the exemption on a case-by-case basis; make separate decisions in respect of each of the relevant UK GDPR provisions which relates to the data subject; make fresh decisions on each occasion where there is consideration or restriction of any of the relevant UK GDPR provisions in relation to the data subject; take into account all the circumstances of the case, including the potential vulnerability of the data subject, and so on; and apply the exemption only if the application of the particular UK GDPR provision would give rise to a substantial risk of prejudice that outweighs the risk of prejudice to the interests of the data subject, ensuring that the application of the exemption is necessary and proportionate to the risks in the particular case.

You would think it rather extraordinary that those are excluded from the previous regulations. In addition, a record must be made of the decision to apply the exemption, together with the reasons for that decision. There is also a rebuttable presumption that the data subject will be informed of the use of the exemption.

The ICO welcomed them in its letter to the Home Office as, in its view, satisfying the requirements of the Open Rights Group case. In its view, the proposed changes will ensure that the exemption complies with Article 23(2) of the UK GDPR and ensure that there are appropriate safeguards to protect individuals. Since it took part in the case as an interested party, this is of considerable reassurance. I congratulate the Open Rights Group and the3million on not one but two notable successes in court cases which have forced the Home Office to amend the exemption twice.

17:15
It is a pity that the Government did not listen to my noble friend Lady Hamwee when we debated the immigration exemption during the passage of the then Data Protection Bill in 2017. I pay tribute to her tenacity in trying to ensure that this exemption is fit for purpose and compliant with the UK GDPR. We had the subsequent first version of the regulation in January 2021. If the Home Office had listened to my noble friend, it might have spared itself some grief.
In fact, it is worse than that. When we debated the Government’s attempt to comply with the first court judgment back in January 2022, my then noble friend Lord Paddick—who is still my actual friend—my noble friend Lady Hamwee and I all warned that the method they were adopting would be non-compliant with Article 23(2) and the judgment of October 2021. I explicitly said that
“we are quite clear on these Benches that this new SI does not at all reflect the safeguards required by the GDPR and by the Court of Appeal’s decision … I can only wonder what kind of advice the Minister has had. How has she”—
this was the noble Baroness, Lady Williams, as my noble friend referred to—
“been able to convince herself that this SI will not meet the same fate as the previous provisions?”—[Official Report, 31/1/22; col. 698.]
Finally, it seems that we have compliance, six years after Royal Assent. What have the total legal costs been in all the legal challenges? I ask that with a question mark rather than my noble friend’s exclamation mark. The barristers’ bills must have come in by now. If the Minister does not have them to hand, will he write? I hope that there are several red faces in the Home Office, but I am afraid that this is all of a piece with its approach to border and immigration policy, which has been even more exposed than usual in recent days, with the publication of the former chief inspector’s reports.
What reflections does the Minister have on this saga, as my noble friend rightly described it? Is there any intent to change how the Home Office goes about compliance with law, the advice it takes and the judgments it makes on that advice? My noble friend asked about transparency in future and the report of the Secondary Legislation Scrutiny Committee, which is still not totally satisfied with these regulations. There is a whole series of questions about the human impact of the use of this illegal exemption since it was created. How many individuals have been impacted and in what respect? What redress do they have? As my noble friend asked, why has there been no impact assessment? Surely, the human impact has been considerable.
That is not the sum total of the implications of these regulations. In truth—I am indebted to Bates Wells for its analysis of this—the effect of these regulations is significant and not confined to the field of immigration. The regulations are clear evidence of how data protection rights and standards in the UK have been weakened as a result of the Retained EU Law (Revocation and Reform) Act 2023, or REULA. The Government could easily restore data protection rights to what they were before the end of 2023 using the vehicle of the Data Protection and Digital Information Bill, which we will start debating in Committee on 20 March. This would help ensure trust in the UK’s data protection standards and support, rather than undermine the Government’s efforts to make the UK what they aspire for it to be—a “technology superpower” by the end of this decade.
When the UK stopped being subject to EU law at the end of 2020, the European Union (Withdrawal) Act—EUWA—saved EU rights and obligations that applied in the domestic statute book as a result of the UK’s EU membership. This meant that the GDPR was retained as domestic law and was renamed the UK GDPR. The Data Protection Act 2018 also continued to apply. Importantly, EUWA also preserved the relationship between existing domestic laws and what had been EU law by keeping the principle of the supremacy of EU law on the statute book. This simply ensured that the relationship between different parts of the UK’s domestic law remained as before, thus creating continuity and certainty. In terms of data protection law, this meant, for instance, that in a conflict between the UK GDPR and the DPA 2018, the UK GDPR would take precedence.
However, at the end of 2023, REULA deleted the principle of the supremacy of EU law and turned the statute book on its head. Domestic law, whenever enacted, now takes precedence over the parts of the domestic statute book that were previously EU law. There are exceptions to this rule, but they do not apply to the relationship between the DPA 2018 and the UK GDPR. The Open Rights case, which has culminated in the Government drafting these regulations, was brought after the UK left the EU but before the relevant provisions of REULA came into effect. It is an example of how the preservation of the principle of the supremacy of EU law continued to guarantee high standards of data protection. In a conflict between the DPA 2018 and the UK GDPR, the DPA 2018 will now take precedence —the opposite of what parliamentary draftsmen intended when the provisions of the Act were written and a change which clearly lowers the standard for the protection of personal data in the UK.
The safeguards that will be in place for data subject rights in an immigration context will now be far more extensive than the protections that exist in other areas. For example, where personal data is being processed for the prevention or detection of crime, the apprehension or prosecution of offenders or the assessment or collection of a tax or duty, a controller will not need to be nearly as meticulous in applying safeguards as they would be in an immigration context. The same is true where personal data is being processed for other purposes, including discharging regulatory functions relating to legal services, health services and children’s services or by public bodies in discharging their statutory functions.
Before the end of 2020, it would have been possible to bring a challenge to other exemptions in Schedule 2 to the DPA 2018 based on the same arguments that were successfully advanced in the Open Rights case: that the exemptions in Schedule 2 are incompatible with the requirement for protections as set out in Article 23 of the UK GDPR and are therefore unlawful and must be made more protective in the interests of data subjects. REULA removes this ground of challenge because it is now impossible to argue that the exemptions under the DPA must comply with the safeguards set out in Article 23 of the UK GDPR. This is because the removal of the principle of the supremacy of EU law and the new rule introduced by REULA means that any inconsistency between the UK GDPR and the DPA 2018 must be resolved in favour of the provisions of the DPA. In other words, the broad exemptions under the DPA trump the safeguards in the UK GDPR, thus making the safeguards inapplicable.
A litigant in this situation may be able to argue that the courts should make an incompatibility order under Section 8 of REULA which would delay, explain, remove or constrain the consequences of the Schedule 2 condition trumping data subject rights, but this is a less certain remedy than would have existed before. In practice, this means that data subject rights in UK law will be less certain and less protective than before. This is clearly demonstrated by the significantly higher levels of protection which will exist in the context of immigration when compared with other areas. An example of how this plays out in practice is that a pensioner making a subject access request relating to their pension payments will have fewer safeguards to ensure that their rights are protected compared with an individual whose data is being processed for immigration purposes.
I am sure that the Minister is eagerly anticipating the question of whether he agrees with my interpretation of where we are with the relationship between the Data Protection Act 2018 and the UK GDPR. If so, the Lords stages of the Data Protection and Digital Information (No. 2) Bill provide an opportunity for the Government to reverse the damaging effects of REULA by restoring UK data protection standards to what they were before the end of 2023. The Bill should be amended to ensure that the safeguards, as now, will apply in an immigration context across the board to protect all data subjects, including other vulnerable individuals, such as children. Will the Minister undertake that the Government will do that?
Falling data protection standards in the UK also create wider risks. The free flow of data from the EU to the UK is based on the UK and the EU having essentially equivalent data protection standards. If UK standards fall, as the regulations clearly prove that they have, this risks the free flow of data from the EU to the UK, causing significant barriers to trade as well as costs and red tape for UK businesses. I look forward to the Minister’s reply and to our debates on the new data protection Bill.
Lord Coaker Portrait Lord Coaker (Lab)
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My Lords, I am pleased to follow the noble Baroness, Lady Hamwee, and the noble Lord, Lord Clement-Jones. I agree with much of what they said. I thank the Minister for his introduction to this important SI.

In May 2021, the Court of Appeal ruled that the wording of the exemption at the time did not comply with GDPR because it did not provide sufficient safeguards against abuse or risks to data subjects. In December 2021, the Government laid an instrument intending to rectify this by introducing guidance. However, officials then found that the guidance was not sufficient and a further Court of Appeal judgment required the Government to come forward with safeguards that they have now put into the legislation. We support the SI in doing that.

I have a couple of questions for the Minister regarding that. Paragraph 5.2 of the Explanatory Memorandum states that the High Court said that,

“the balancing test between the rights of individuals and the maintenance of effective immigration control should be set out more explicitly in the legislation”.

Can the Minister say a little more about how the Government intend that test to work and the criteria for the balance between the rights of the individual versus the rights of immigration control? How is it different from before? Presumably there was some sort of test even if it was not in any legislation. Is there any oversight of how this operates, anywhere that this has to be reported so that there is oversight of it? Who applies for the exemption? Who starts the process of saying, “We think that there should be an exemption in this case”. What is the process for that?

Like the noble Lord, Lord Clement-Jones, I am interested to know how many times this has been used over the past few years. How many exemptions have taken place? What is the status of those who have had this applied to them where their data was not compliant with the law? Presumably they were subject to some sort of immigration sanction. Can the Minister say anything about this?

There is a question that I always ask. Sometimes it is irrelevant, but I ask it anyway. Does it impact on anyone leaving the country? Obviously, it impacts on people coming in, but I am never sure about anyone leaving the country, which is a weakness in our immigration system. We spend a lot of time talking about people coming in, but I sometimes wonder whether counting people out might be an idea as well.

The Explanatory Memorandum talks of the need to consider any,

“potential vulnerability of the data subject”

Does this SI impact on unaccompanied children and children more generally or are children exempt and it is just applicable to adults? I am not sure. I apologise if that is in there, but I could not see it anywhere, so I just wonder whether it applies to children or just to adults. There is some criticism that the Government rejected the idea of including storage and retention periods in the Bill. Can the Minister say why they rejected that?

17:30
The Information Commissioner’s Office welcomed the changes, saying that the legislation now sets out that the use of exemptions must be necessary, proportionate and applied, as the noble Lord, Lord Clement-Jones, and the noble Baroness, Lady Hamwee, said, on a case-by-case basis, taking into account the potential vulnerability of the person concerned and the impact on their rights and freedoms. However, the Information Commissioner went on to say that it is important that these regulations are explained to immigration staff and that training will be involved. I wonder, as the Information Commissioner asked, what steps the Government will take to ensure that this new SI is implemented properly and according to the new rules. What training will there be for staff?
It is a welcome step forward, as the ICO said, that the Government are now trying address this. It has perhaps taken longer than it should, but they are now trying to address a very real issue that was identified by the courts. As such, we welcome it.
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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I thank all noble Lords for their contributions. I shall start with justification and the public interest, which is obviously at the core of this. Parliament included the immigration exemption as part of the Data Protection Act 2018, as has been noted, for the legitimate purpose of effective immigration control. The Court of Appeal declared in its judgment,

“that there can be no dispute that the Immigration Exemption has a legitimate aim and indeed seeks to advance important public interests.”

We agree with the court: the immigration exemption is vital to prevent the release of information which would otherwise prejudice effective immigration control. I particularly welcome its endorsement by the noble Lord, Lord Coaker.

I want to be clear with noble Lords what those important public interests are. Through targeted use of the immigration exemption, we are able to maintain our capability at the border to prevent criminals and those who seek to cause us harm threatening our country as well as to support other agencies and international partners. We are able to frustrate and prevent sham marriages and protect the integrity of ongoing immigration removal and enforcement action and forgery investigations. The immigration exemption is also used to protect people being forced into a marriage and to prevent individuals absconding when there is a planned immigration visit. The central aims are to protect our citizens, ensure the integrity of the border and prevent abuses of the immigration system.

The noble Lord, Lord Coaker, asked about the balancing test. I will come on to the use of the exemption in practice, but it is always clear that the balancing test has to be carried out, and will now be explicitly in the Act. In practice, I can reassure noble Lords that the exemption is employed at around 70% of subject access requests relating to immigration and the Border Force. The amount of data that is restricted by the use of the exemption is, in the vast majority of cases, very little. It is not simply the case that where one piece of information is found to be prejudicial to immigration control, the Home Office does not respond to a request. The piece of information may be redacted as a result, but otherwise a full response will be given. It must be both necessary and proportionate to use the exemption, and this must be balanced against the risk to an individual’s rights. These existing standards will now be set out explicitly in the legislation.

I acknowledge that there was a difference of opinion in the House over whether the previous regulations amending the immigration exemption in 2022 met the requirements of Article 23 of the UK GDPR. The courts have agreed with the Government on a wide range of issues in the hearing. They declared that in two areas in particular the amended exemption did not, and the Government respect that ruling. We are confident that these regulations meet the requirements of the judgment in full, and we are supported by the ICO in that opinion.

The noble Baroness, Lady Hamwee, asked whether we consulted the claimants. They were consulted as part of the development of the provisions, and they suggested some additions to the provisions. We accepted suggestions to provide detail on applicable storage periods in the Explanatory Memorandum. We did not accept a suggestion to alter the existing model of ICO oversight of the exemption. The existing model of ICO oversight of the Home Office is robust, and data subjects are able to challenge use of the exemption. I welcome the noble Lord, Lord Clement-Jones, acknowledging the ICO’s part in this.

We also rejected the suggestion to specify in the legislation the wording that must be provided to data subjects when informing them that the provisions of the exemption have been applied. The provisions of the exemption are already accessible to data subjects and adding that detail to primary legislation would be unhelpful.

As regards how the ICO assesses the Government’s use of the immigration exemption, it already assesses the Home Office as part of its statutory role as regulator. Those assessments are published as data protection audit reports, setting out the findings and any recommendations. Should a data subject disagree with the decision to apply the immigration exemption in their case, the usual redress mechanisms to contact the ICO are available.

The noble Lord, Lord Coaker, asked about the application of these rules to children. The immigration exemption applies to all immigration data, but there are special considerations in relation to minors, which are set out in the ICO’s guidance.

The subject of an impact assessment also came up, which relates to oversight and transparency more generally. It is important that these regulations retain the presumption that a data subject should be informed that the immigration exemption has been used—for example, to redact information provided to them in response to a subject access request. That allows the data subject to challenge that decision, should they believe that the application of the exemption is not justified. The ICO has appropriate powers to investigate whether the immigration exemption has been applied appropriately in a specific case. This is in addition to its overall assessment of the Home Office’s data protection practices, which include the use of the immigration exemption more broadly.

An impact assessment was carried out as part of the inclusion of the provision for the immigration exemption in the Data Protection Act 2018. A further supplementary impact assessment was conducted as part of the amendment to the exemption by the SI in 2022. This is noted in the Explanatory Memorandum. Given that there is no substantive change to the safeguards and scope of the exemption, we have not completed a new IA for this instrument.

Lord Clement-Jones Portrait Lord Clement-Jones (LD)
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I am sorry; the Minister seems to be moving on from the impact issue. Clearly there was a period when the old regulation, which is now being superseded, was in operation and individuals were impacted. In a sense, an inappropriate exemption was used. What data does the Minister have about those individuals and the impact on them? What redress do they have? The Minister skated over the ICO’s redress mechanism. Is there no direct mechanism to the Home Office?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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I did not skate over it at all; I referred to it explicitly and am happy to do so again, if it would help. I do not know if there is any specific redress to the Home Office. I would imagine not, given that it is explicit that data subjects should go via the ICO. If I am wrong on that, I will clarify.

I have no particular data on the subjects who may have been covered by this before the court’s decision, so I will have to find out, come back and write to the noble Lord if there is anything useful to add.

The Home Office already has relevant guidance and training in place for those exercising the immigration exemption provisions, but we are undertaking a review of those materials to ensure that they align with these regulations. That will be completed in time for the 11 March deadline to amend the current exemption. The instrument is making existing safeguards explicit in the legislation, which are already captured in the existing training and guidance, so we do not expect substantive changes to be needed.

The costs of the court case are not yet settled, but I am happy to commit to write once they have been.

There are a couple more bits to say. How often is the exemption used? The honest answer is not very often. I think I referred to this earlier, so it is probably redundant to say it again but, for the record, in the year ending October 2023, the immigration exemption was applied in around 70% of subject access requests received in relation to immigration citizenship and the Border Force. Of those, the vast majority had only a small amount of data redacted under the use of the exemption. So I suppose the answer to the noble Lord’s question is that it will have a very minimal impact on people, but I commit to clarify that.

Finally, the noble Lord, Lord Clement-Jones, asked about the relationship between the DPA and retained EU law. The official answer is that the focus of this SI is the immigration exemption and that discussions of the rules and the implications for the DPA 2018 are probably best debated as part of the DPDI Bill, which will, I believe, come to the House on 20 March. The unofficial answer is that I cannot comment on the noble Lord’s disposition because I did not really understand it and I do not have much knowledge of this subject. However, I note that we have left the EU: the people voted. Our rules can now be amended to our own circumstances, and of course, that applies across the entire legal suite. It was a pretty clear vote by the people of this country; I know that that does not suit the Liberal Democrats.

In closing, I hope that I have satisfactorily answered the points that were made and that noble Lords understand the necessity—

Baroness Hamwee Portrait Baroness Hamwee (LD)
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Before the Minister ends, can I go back to the record the Home Secretary is to keep under the schedule’s new paragraph 4B? It provides that, when he makes a decision, he must keep a record and the reasons for it. In essence, my question is about whether this will be public to any extent or whether transparency will be confined to the data subject. Also, I do not expect the Minister to go into any detail on this now or to comment, because he gave the figure, but 30% seems very high to me. The Immigration Law Practitioners’ Association has commented in the past—not the immediate past but, then again, I have not asked it—about the difficulty data subjects and, in particular, their legal representatives face because they simply do not know what the Home Office thinks it knows about their clients, which is an important starting point for any legal representation and any claim. I make this point because it really needs to be made.

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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I thank the noble Baroness for making her point. As regards what is required of the Home Secretary, for obvious reasons, it will not be public, although I agree that transparency is important when it comes to culture; we talked about that earlier in the context of the police, where similar rules apply. It will, however, be available to the ICO and subject to the usual transparency rules at the ICO’s request.

As I have already noted, we understand the necessity of these changes in order to ensure compliance with the Court of Appeal’s judgment and to increase clarity around the use of the immigration exemption. With that, I commend the draft regulations to the Committee.

Motion agreed.

Investigatory Powers Act 2016 (Remedial) Order 2023

Tuesday 5th March 2024

(8 months, 1 week ago)

Grand Committee
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Considered in Grand Committee
17:44
Moved by
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom
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That the Grand Committee do consider the Investigatory Powers Act 2016 (Remedial) Order 2023.

Relevant document: 1st Report from the Joint Committee on Human Rights

Lord Sharpe of Epsom Portrait The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
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My Lords, this order was first laid before Parliament for consideration on 20 March 2023. It was laid again on 18 October 2023, and sat for 60 days. It was debated in the other place on 23 January 2024. As noble Lords will be aware, it is a top priority for the Government to maintain our national security and keep the public safe. The Investigatory Powers Act 2016 provides robust privacy safeguards in relation to investigatory powers.

The United Kingdom’s investigatory powers regime is world-leading and provides the international standard on transparency, privacy, redress and oversight to accompany the exercise of these critical powers. This House recently considered the Investigatory Powers (Amendment) Bill, on which noble Lords provided expert scrutiny. I am hopeful that today’s debate will be approached in the same spirit.

This instrument will make necessary and important amendments to the IPA following the May 2021 judgment from the Grand Chamber of the European Court of Human Rights in the case of Big Brother Watch and others v the United Kingdom, which I will refer to as BBW. The ruling from the Grand Chamber related to the United Kingdom’s bulk interception regime under the legislation which preceded the IPA—the Regulation of Investigatory Powers Act 2000. The Grand Chamber found that certain aspects of that regime were not compliant with Article 8 of the European Convention on Human Rights, on respect for private and family life, and Article 10, on freedom of expression. While most of the incompatibilities identified by the Grand Chamber were addressed through the introduction of the IPA, there was one outstanding issue which requires an amendment to the IPA. This relates to journalistic safeguards, which I will come to later.

I will first briefly explain how the bulk interception regime operates, so that it is clear how these additional safeguards will be applied. The main purpose of a bulk interception warrant is to acquire overseas-related communications. That material is then retained for the minimum amount of time necessary for the authorised purposes. Criteria are used to search through that material to find material which is useful in support of operational purposes. Useful material is then retained for the minimum amount of time necessary for the authorised purposes.

Section 154 of the IPA covers the journalistic safeguards for bulk interception. Presently, it requires only that the Investigatory Powers Commissioner be informed if material thought to contain confidential journalistic material or sources of journalistic material is retained, following examination, for a purpose other than its destruction. There are additional safeguards in the interception code of practice. The code requires that the relevant intelligence agency seek the agreement of a senior official within a warrant-granting department before the agency may select material for examination, in order to identify or confirm a source of journalistic information.

The purpose of this remedial order is to amend the IPA to strengthen the existing journalistic safeguards for bulk interception under Section 154, which is not possible through the delegated powers provided for within the Act. It does this by requiring that approval from the Investigatory Powers Commissioner is obtained before any criteria are used where the purpose is to select material for examination that is confidential journalistic material or a source of journalistic material, or where it would be highly likely to do so. The retention of confidential journalistic material or sources of journalistic material must also be authorised by the Investigatory Powers Commissioner. There is also an urgency provision, which I will come on to later. It is necessary that the Government introduce this reform to ensure that our intelligence agencies can maintain their ability to carry out bulk interception in line with the convention and the Human Rights Act 1998.

Bulk interception is an important operational tool which is used by intelligence agencies to identify threats to the national security of the United Kingdom—it was recognised by the Grand Chamber as such—as well as in tackling serious and organised crime and maintaining the United Kingdom’s economic well-being. The Investigatory Powers Commissioner already provides oversight of the acquisition, examination and retention of confidential journalistic material and sources of journalistic material obtained under bulk interception. Legislative change is needed so that these safeguards are expressly set out within the legislation. Failure to amend the IPA would mean that the UK’s bulk interception regime would continue to be in breach of Article 10 of the convention.

This remedial order introduces amendments to Section 154, the creation of a new Section 154A and a minor consequential amendment to Section 229(8). The amendment to Section 154 will introduce enhanced safeguards relating to the criteria used to select material for examination that will identify confidential journalistic material or identify or confirm sources of journalistic material derived from material acquired through bulk interception. The permission of the Investigatory Powers Commissioner will be required before such material can be purposefully selected for examination or knowingly retained for a purpose other than destruction.

Permission from the commissioner is also required before such material may be retained. The commissioner will make that decision on the basis of whether it is in the public interest to retain the material. The commissioner may impose conditions on the retention of the material. The creation of the new Section 154A introduces an urgency process for dealing with requests for authorisations out of hours. These authorisations will be subject to subsequent judicial approval and any search activity must cease if approval is refused, so urgent applications will still be subject to rigorous independent scrutiny. The judicial commissioner will make their decision on the basis of whether it is in the public interest to approve the use of the search criteria.

The amendment to Section 229(8) is a consequential amendment which includes reference to the new functions of the Investigatory Powers Commissioner in Sections 154 and 154A so that they are treated consistently within the IPA. Sections 229(6) and (7) require judicial commissioners to not act in a way that is contrary to the public interest, national security, the prevention or detection of serious crime or the economic well-being of the UK. Section 229(8) then disapplies that requirement when the judicial commissioner is exercising various functions such as considering whether to approve the authorisation of a bulk interception warrant. Subsection (8) is amended by this instrument to include decisions by the judicial commissioner under new Sections 154 and 154A. This is consistent with similar judicial commissioner functions in other parts of the IPA and ensures that the judicial commissioners can exercise their functions properly.

This remedial Order will ensure that the United Kingdom fulfils its obligations under Article 10 of the convention by making the necessary changes to the bulk interception regime under the IPA in order to be compliant with the findings of the Grand Chamber in BBW. These changes will further strengthen the world-leading safeguards within the IPA, which is a crucial tool in the ongoing effort to protect the United Kingdom and its citizens. I therefore commend the draft Order to the Committee.

Lord Coaker Portrait Lord Coaker (Lab)
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My Lords, I thank the Minister for his helpful introduction.

This SI concerns the selection for examination and retention of confidential journalistic material which has been collected under a bulk interception warrant. Big Brother Watch brought a challenge to the Regulation of Investigatory Powers Act 2000, the predecessor of IPA, and the courts found several incompatibilities with the ECHR. Most of those incompatibilities were resolved by the introduction of the IPA in 2016. One issue remained—where an intelligence agency seeks to select confidential journalistic material for examination obtained under a bulk interception warrant or identify sources of journalistic material, the selection criteria used should be subject to prior independent authorisation. Where they are found during the examination of bulk data, their retention must be independently authorised.

In its report on the draft version of this instrument, the JCHR made three recommendations. Two have been accepted by the Government and integrated in this SI. However, the Government have not fully accepted the third recommendation, which was that security agencies engage with the Investigatory Powers Commissioner so that they can review journalistic material which had been retained before this SI is implemented. The Government responded that notification of the IPC is already required for an application for the retention of confidential journalistic material and that a judicial commissioner also must consider the application. Additionally, the IPC audits statements submitted for retention applications. However, if the Government accept that there is a need to change the law, surely they accept that there is a need to create an additional review in cases that will not be captured by the new regulations?

I have some questions which may be helpful for those who read these proceedings. Can the Minister explain why these changes have not been brought about as part of the Investigatory Powers (Amendment) Bill, given that it is still going through Parliament? New Sections 195 and 195A were inserted into the Investigatory Powers Act on Report in this House. They create additional safeguards for journalistic material for bulk equipment interference. Why is this being introduced separately? Can the Government provide more details on why they have not fully accepted the third recommendation of the JCHR?

In Article 2 of the SI before us, the Government talk about

“Additional safeguards for confidential journalistic material etc”,


and state that the two bodies that can investigate or seek approval are the Investigatory Powers Commissioner or a senior official. The Minister knows that I will ask who the senior official is. How senior does the senior official have to be? In what circumstances would you go not to the IPC for approval but to the senior official? I know the Minister tried—I expect that he thought that people would ask what “urgent” means—but can he say a little more about urgency, even though he included some of that in his remarks?

Does the senior official have to report every decision to the IPC, as outlined in the substituted Section 154A? Does the senior official have to inform the IPC within days or weeks of any decision that they have made? What happens if the IPC does not approve of the decision made by the senior official, given that, presumably, in the interim the Security Service will have acted as though it had permission? I hope that is clear: presumably a senior official can give permission, then for a few days the Security Service can operate as though it had permission, then the IPC turns around and says, “I don’t think that was the right decision and you do not have permission”. How does it function in the interim, if that is clear? You have a gap between the senior official giving permission and the IPC turning it down, which may be a few days. Does the Minister have anything to say about that?

Does the IPC or the senior official have to record their reasons for believing that the public interest in obtaining the information outweighs the public interest in maintaining confidentiality? In other words, do they have to be transparent about their reasons for coming to their conclusion? Similarly, under new subsections (6), (7) and (8), does the IPC or the senior official have to record the reason why the public interest in retaining the information outweighs the public interest in destroying the information that has been obtained? Again, it is the test about public interest and the conflict between confidentiality and openness and transparency. I wonder whether the Minister has anything to say about that.

However, I understand the need for the SI. I think some clarity around some of those questions would be helpful for those who read our deliberations but, with that, we support the SI.

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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I thank the noble Lord for his participation and support in the debate today. As I set out earlier, the changes that we are seeking to make to the Investigatory Powers Act will bring the bulk interception regime in line with the requirements of the European Court of Human Right’s Grand Chamber judgment in the case of Big Brother Watch. As I set out, it will ensure that the UK meets its obligations under Article 10 of the convention concerning confidential journalistic material and sources of journalistic material. Prior independent authorisation will be required where the purpose of the use of criteria to select material for examination is to identify confidential journalistic material or to identify or confirm a source of journalistic material. Prior independent authorisation will also be required for the retention of such material for purposes other than its destruction.

The noble Lord asked why this amendment was not taken forward as part of the Investigatory Powers (Amendment) Bill. That Bill was announced in the King’s Speech on 8 November 2023 and was introduced into the House of Lords on the same day. The Home Office was not able to pre-empt the contents of the King’s Speech and there was no guarantee that the Bill would be brought forward in the fourth Session. The judgment in the BBW case was handed down in May 2021 and, as a considerable time has passed and with no guarantee of a suitable legislative vehicle, the Home Office felt it was necessary to remedy the incompatibility as soon as possible. A remedial order was therefore the most appropriate course of action; essentially, it was timing.

18:00
The noble Lord, Lord Coaker, asked about the Joint Committee on Human Rights requesting IPCO to order a review of material selected for examination. Following the JCHR’s recommendation, the department engaged with IPCO to determine whether a review of any journalistic material which is being retained or remains retained is required in accordance with Article 10. I cannot really improve on what I said earlier. IPCO’s view was that it already had a process in place to apply a public interest test for all retained confidential journalistic material, so in the light of that, the department, IPCO and the operational community did not feel it necessary to propose that IPCO undertake another review of confidential journalistic material, as this will already occur as part of the current process.
As regards the urgency provision, when reading the BBW judgment with other case law, it is clear that the court was not seeking to exclude urgency procedures where there are appropriate safeguards. On the contrary, it was confirming that, with the appropriate safeguards, the use of an urgency procedure is compatible with the convention, so it would not be practical to implement a 24/7 process for urgent authorisations. The safeguards ensure that if the judicial commissioner does not approve the activity, it has to cease.
These urgency procedures were not part of the initial remedial order because the introduction of the urgency provision was deemed critical when it was raised as a representation during the first 60 days as it would provide extra resilience for operational requirements. If there was no urgency provision, there would be a situation where it was necessary to use search criteria that related to journalistic material and all sources in order to protect life or prevent serious harm, but it was outside of the standard working hours, so the result of this could be disastrous, as it could lead to loss of life, serious harm or lost intelligence collection opportunities. Therefore, in the interests of national security and in threat-to-life situations, there must be a process for authorising activity outside these periods. The Home Office engaged with IPCO and UKIC ahead of laying the remedial order in March 2023, and the requirement for an urgency procedure crystallised only during the first 60-day period and was deemed necessary for operational agility.
The noble Lord, Lord Coaker, asked what we mean by “a senior official”. It basically means a senior civil servant. I am not quite sure what the grade is. I believe it is deputy director or above, but if I am wrong, I will come back and let him know.
Lord Coaker Portrait Lord Coaker (Lab)
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I know it sounds like dancing on the head of a pin, but what “senior” means is quite important, so I ask the Minister to clarify that.

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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I take the point. I absolutely will clarify it, if possible.

I would love to read the Committee my last answer, but I cannot read the writing, so I am sorry, and I apologise to whoever wrote it. Whatever it says, I will write to the noble Lord—or, rather, type—when I have deciphered it. I am very grateful for his contribution in this debate. As I set out, the changes we are seeking to make will ensure that the UK’s bulk interception regime meets its obligations under Article 10 of the convention and strengthens existing safeguards for journalists. I therefore commend this order to the Committee.

Motion agreed.
Committee adjourned at 6.03 pm.

House of Lords

Tuesday 5th March 2024

(8 months, 1 week ago)

Lords Chamber
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Tuesday 5 March 2024
14:30
Prayers—read by the Lord Bishop of Manchester.

Introduction: Lord Cameron of Lochiel

Tuesday 5th March 2024

(8 months, 1 week ago)

Lords Chamber
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14:38
Donald Andrew John Cameron, having been created Baron Cameron of Lochiel, of Achnacarry in the County of Inverness, was introduced and took the oath, supported by Lord Cameron of Dillington and Lord Cameron of Chipping Norton, and signed an undertaking to abide by the Code of Conduct.

TV Licence Non-payment: Women

Tuesday 5th March 2024

(8 months, 1 week ago)

Lords Chamber
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Question
14:42
Asked by
Baroness Hoey Portrait Baroness Hoey
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To ask His Majesty’s Government what assessment they have made of the number of women who have been prosecuted for non-payment of the television licence in the past two years.

Lord Parkinson of Whitley Bay Portrait The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
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My Lords, the BBC is responsible for the collection and enforcement of the licence fee and it has undertaken a review of the disparity between the sexes in prosecutions for TV licence evasion. His Majesty’s Government remain concerned about the fairness of the criminal sanction for TV licence evasion and its disproportionate impact on women. That is why the issue will be considered in the BBC funding model review.

Baroness Hoey Portrait Baroness Hoey (Non-Afl)
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I thank the Minister for that. He will realise that about 1,000 people a week are prosecuted for non-payment of their licence—of whom 70% are women. Recently, the use of the single justice procedure with one magistrate has meant that the mitigating circumstances are often not heard. The magistrate may even be sitting at home. The elderly, the disabled and the poorest are most likely to be prosecuted. Capita gets £456 million from the BBC for the use of its investigators, most of whom are on a bonus pay scheme, dependent on how many prosecutions they get. Does the Minister not agree that it is time to decriminalise the non-payment of the BBC licence fee, as the Government promised on many occasions before the last general election?

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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It is important to emphasise that licence fee evasion is not an imprisonable offence the maximum sanction is a fine of up to £1,000. But the noble Baroness is right to point to the disproportionate impact it has on women. As I said, the Government remain concerned that a criminal sanction for licence evasion is increasingly disproportionate and unfair in our modern public service broadcasting system, which is why we will look at the matter as part of the future funding review.

Baroness Owen of Alderley Edge Portrait Baroness Owen of Alderley Edge (Con)
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My Lords, some 90% of 18 to 24 year-olds stream their content instead of watching TV channels. What does the Minister see as the future of the BBC licence fee to a generation growing up with subscription-based services?

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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My noble friend is right. The uptake of TV licences has fallen by around 1.7 million from its peak of nearly 56 million in 2017. As people consume media in different ways, the model looks increasingly obsolescent. That is why, as part of the future funding model, we want to ensure that we are giving the BBC and our public service broadcasters the funding they need to continue to produce programmes that are much admired for an audience which consumes television in different ways.

Lord Addington Portrait Lord Addington (LD)
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My Lords, does the Minister agree that the BBC is taking steps to try to lessen the effect of this through its newly proposed scheme of spreading out payments? Will the Government assist the BBC in collecting its revenue, so that it can carry on producing the programmes that most of us are still watching?

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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Yes. I commend the work that the BBC has done: it commissioned a gender disparity review, with which I believe the noble Baroness, Lady Young of Hornsey, from your Lordships’ House, helped assist. We welcome the 10-point plan that the BBC has set out, flowing from that review, but we will look more broadly at the issue of criminal sanctions as part of future funding.

Viscount Colville of Culross Portrait Viscount Colville of Culross (CB)
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My Lords, I declare an interest as a former BBC TV producer. The BBC has previously said that decriminalising licence fee evasion and switching to a civil system would cost it more than £1 billion over five years. Does the Minister agree that this would lead to huge cuts in programming and a big hit to an already struggling creative economy?

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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No. We want to look carefully at the issue of how we make sure that the BBC continues to get the funding that it needs to produce the wonderful programming that is much admired. But, in light of the trend that I have outlined, in which fewer people are buying a licence fee in the first place, of course we will make sure that we speak to the corporation as part of that review—but we are doing so with its best interests in mind.

Lord Sikka Portrait Lord Sikka (Lab)
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My Lords, it is not just the withdrawal of free TV licences for the over-75s that hurts women the most; numerous other government policies are anti-women. For example, real wage cuts in the public sector hurt women the most, as most of the workforce is female. Other examples include the gender pay and pension gaps, the two-child benefit cap, real cuts in benefits and lower state pensions for women. Can the Minister explain why the Government do not assess the gender gap of all their policies?

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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The Government are committed to making sure that everybody—men and women—can reach their full potential and play their full part in our society and economy. We bring forward policies to try to make sure that everybody can do that. In this instance, I am glad that the BBC has looked at the gender disparity, recognising the impact of licence fee sanctions on women—and the Government have set out their thinking on that, too.

Lord Moore of Etchingham Portrait Lord Moore of Etchingham (Non-Afl)
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My Lords, when I was fined for refusing to pay the television licence fee by Hastings magistrates’ court, I observed that all the other people being charged were single mothers and wondered why that would be. Does the Minister think that it could be to do with the very fact that they are vulnerable? That is to say, they are in the same place—they cannot escape from the place where they live—and can be easily caught; therefore, they are what officials call “low-hanging fruit”.

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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The noble Lord is right: women make up around 75% of people prosecuted for TV licence evasion. As the overall number of prosecutions has fallen, the number of women and vulnerable people affected has also fallen. But, as my right honourable friend the Secretary of State outlined, we are very concerned about the appropriateness of a criminal sanction in these matters, and we will look at this as part of the BBC’s future funding review.

Lord Jackson of Peterborough Portrait Lord Jackson of Peterborough (Con)
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My Lords, with the collapse in the funding model underpinning local newspapers and the closure of so many local newspapers, does my noble friend agree with me that it is vital that the BBC continues to invest in the local democracy service, particularly local radio stations, to hold to account local decision-makers throughout the country?

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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Yes, the BBC does very important work through the Local Democracy Reporting Service. Local radio stations provide hugely important information and news to their local communities, as I set out in our Second Reading debate on the Media Bill, where I know we will talk about these important matters further.

Lord Watts Portrait Lord Watts (Lab)
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My Lords, is it not the case that at present we are seeing an increase in the amount of propaganda that comes from areas such as GB News? Can the Minister assure us that the BBC will be left with the revenue needed to counteract that, and the problems of social media as well?

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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Ofcom, not the Government, regulates the provision of news, whatever channel people receive it on. The BBC receives some £3.8 billion in licence fee income; that income allows it to provide its important and impartial news, both at home and around the world.

Lord Birt Portrait Lord Birt (CB)
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My Lords, this is indeed a troubling and concerning matter. Does the Minister think there is a case for moving the licence fee to a monthly payment, paid by standing order, in line with other broadcast subscriptions? At the moment, that would mean a payment of £13 per month.

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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The Simple Payment Plan does help people pay the television licence fee at present. As I say, we are looking at all the ways in which the BBC might receive its funding in the future, taking into account the declining number of people paying for a licence, but looking at all options to make sure that it has the revenue it needs to continue doing the work for which it is much admired.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, the Government have known for some time about this injustice of the prosecution of a majority of women rather than men. Why are they not doing something about it faster, and when will the BBC review actually report?

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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The Government consulted on decriminalisation of TV licence evasion in 2020, and we published our response in 2021. The appropriate time to make this decision is as part of the BBC funding model review, when we can look at the way we can get the sustainable funding for the corporation that everyone wants to see.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, the urgency with which people are suggesting this is looked at is not helped by the fact that we are going through a very serious financial time and it is likely that there will be more, not fewer, people in this difficult situation. First, can the Minister take note of what the original Question said—that there is a danger of this being abused by private companies that are incentivised to prosecute women in this situation? Secondly, we are spending a lot of time doing the Victims and Prisoners Bill—well, some of us are—and it seems so wrong to criminalise people who are vulnerable and victims. This has got nothing to do with BBC bashing; it has everything to do with recognising that women are being discriminated against unfairly for something which, given the scale of the problems facing society, the Government should really just deal with now.

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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I hope I can reassure the noble Baroness that the number of women being prosecuted is falling. In the year ending June 2022, 35,000 women were prosecuted; in the year ending June 2023, 29,000 were. So the number is coming down, but the disparity between the sexes is indeed stark, with women still making up around three-quarters of people prosecuted. That is why we are glad the BBC has looked at this and has set out actions, and why we are looking at it as part of our future consideration of how the BBC should be funded.

Mental Health Patients: Discharge

Tuesday 5th March 2024

(8 months, 1 week ago)

Lords Chamber
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Question
14:53
Asked by
Baroness Merron Portrait Baroness Merron
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To ask His Majesty’s Government what assessment they have made of the current level of (1) safety, and (2) patient and carer involvement, where mental health patients are discharged from inpatient settings and emergency departments.

Lord Markham Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Markham) (Con)
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In January, the Government published new statutory guidelines setting out how health and care systems can work effectively together to support a safe discharge process for mental health patients from hospital and ensure patient and carer involvement in discharge planning. This is particularly important given that the National Confidential Inquiry into Suicide and Safety in Mental Health has found that there is an increased risk of suicide within three days of discharge.

Baroness Merron Portrait Baroness Merron (Lab)
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My Lords, the Parliamentary and Health Service Ombudsman’s recent report found many failings in care around the discharge of mental health patients, with the most common being a lack of involvement of patients, their families and carers. With the pre-legislative scrutiny of the mental health Bill highlighting the need to address this preventable situation, and the Government still not bringing forward this crucial legislation, what immediate steps will the Government take to involve those who are essential to the care and safety of mental health patients?

Lord Markham Portrait Lord Markham (Con)
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The noble Baroness is correct; the question is of the utmost importance. It is about putting more care into the community—that is why we have put £1 billion of extra spend into community support for mental health. Some 160 local mental health infrastructure schemes are being set up, with 19 in place already, and they are starting to work. The crisis cafés have resulted in an 8% decrease in admissions, while the telephone helpline has resulted in a 12% decrease.

Baroness Manzoor Portrait Baroness Manzoor (Con)
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My Lords, my noble friend will be aware of the link between mental health and homelessness. He will also be aware that 50% and more of those who suffer from mental health illness have been homeless for over a year. What action are the Government taking to work with other government departments to ensure that this issue can be alleviated as soon as possible, and what help and mental health services are these homeless people entitled to?

Lord Markham Portrait Lord Markham (Con)
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My noble friend is correct. In fact, 48% of the reasons for the delayed discharge of mental health patients is because of a lack of suitable housing. That is why we have introduced the specialist housing fund; we are working with Homes England and DHLUC so that supported housing runs alongside more support in the community from the extra mental health services.

Lord Allan of Hallam Portrait Lord Allan of Hallam (LD)
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My Lords, the Government have said that the additional discharge fund includes support for mental health in-patients leaving hospital. I believe that local areas are required to report fortnightly to the Government on the use of these funds. How much of the additional discharge fund has actually been spent on mental health patients? Does the Minister agree that it is important to have that information in the public domain, given concern that mental health services are treated as second-rate?

Lord Markham Portrait Lord Markham (Con)
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The noble Lord is correct. I agree that it is important that the funds are spent on discharging mental health patients at a community level. I do not have the percentage figures to hand, but I will make sure that I provide them to him.

Lord Bradley Portrait Lord Bradley (Lab)
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My Lords, I declare my interests as in the register. Does the Minister think that there are lessons to be learned from the excellent RECONNECT programme by NHS England? It is being rolled out across the country and tries to ensure that vulnerable people, such as those with mental health conditions, are reconnected to local services, and that their release from custodial settings can be successfully undertaken.

Lord Markham Portrait Lord Markham (Con)
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Yes, in a word. We must try to make sure that each integrated care board has a mental health lead in place and that the services are rolled out. Much of the strength of the ICBs is that they can look after the needs of their area in ways that they know best. At the same time, where there is good practice, we must make sure that it is rolled out as well.

Lord Patel Portrait Lord Patel (CB)
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My Lords, suicide is the second highest cause of maternal deaths in England. All such deaths are preventable, because mothers at risk can easily be recognised antenatally, and certainly postnatally. What actions will the Government take to prevent these deaths?

Lord Markham Portrait Lord Markham (Con)
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Like many of us, I am sure, I have had very good personal experience of the midwifery service at community level. I know that there have been some challenges post Covid, but midwives are on the front line in understanding and recognising some issues. I should have mentioned earlier that there will be a round table with the Minister on mental health issues, following the one a few months ago, and this is one of the areas we should bring up with her.

Baroness Berridge Portrait Baroness Berridge (Con)
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My Lords, as a member of the Joint Committee scrutinising the Bill, it was clear to me that one of the problems was that there is a statutory list of next of kin which does not match the reality of some people’s lives, so there were provisions to introduce a nominated person. It does not matter how good the guidance is. How are we circumventing the statutory requirement for next of kin to be involved?

Lord Markham Portrait Lord Markham (Con)
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Again, like many noble Lords, I understand the disappointment that there has not been the time for the mental health Bill. This is what the round tables are about: exploring with Maria Caulfield, the Mental Health Minister, how we can ensure that we implement as many of these things as possible. We had round 1 and we will set up round 2 shortly. I suggest we take it up then.

Baroness Pitkeathley Portrait Baroness Pitkeathley (Lab)
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My Lords, one of the problems that carers in these circumstances always report at the point of discharge is that the professionals dealing with the patient are reluctant to share information with the person who is expected to provide care. Although I recognise the sensitivity of these issues and the need for confidentiality, does the Minister agree that if you expect someone to provide care in these circumstances you should at least provide them with the requisite information?

Lord Markham Portrait Lord Markham (Con)
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In a word, yes. We had the rapid review of data in mental health settings. Not surprisingly, in mental health, as in a lot of other settings, ensuring that there is the flow of information so that carers get the right information is paramount.

Lord Kirkhope of Harrogate Portrait Lord Kirkhope of Harrogate (Con)
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My Lords, as a former mental health commissioner, I know that the default position regarding long-term in-patients back in the 1980s and 1990s was to ensure they were given a place in the community. As a result, successive Governments closed down many of our institutions. Can my noble friend comment on the balance between present institutional care and its desirability for many in-patients, and in-patients who are regarded as being in the community but are not necessarily protected sufficiently when they are?

Lord Markham Portrait Lord Markham (Con)
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There is, quite rightly, a balance to be struck. For people with learning difficulties and autism, which noble Lords have debated before, we set a 50% target for that reduction—not 100% because, as has been mentioned, it is not always appropriate as a number of people in those situations need additional support. However, as a general sense of direction I think we all agree that, where we can put support into communities, that is the right thing to do. That is what the £1 billion extra investment is about.

Baroness Uddin Portrait Baroness Uddin (Non-Afl)
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My Lords, I declare my interest as a former practitioner. I have spoken before about the disproportionate numbers of black and Asian men in the system using mental health services. There is a gross disconnect between the amount of funding available and the services that they receive, particularly regarding carers’ involvement. We must admit that the amount of medication that they are given is not often monitored successfully after discharge. Maybe that is one of the reasons why there is a high suicide rate. How can the Minister ensure that, when patients are discharged to the services of social workers, they are not put in extremely expensive mental health provision or private healthcare housing, which is often not needed? The services are wasting huge amounts of money. Will the Minister look at the disconnect between social services and the healthcare system to ensure that the money is used effectively?

Lord Markham Portrait Lord Markham (Con)
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Yes, I am happy to look at that. I am on board with what the noble Baroness said, as I am sure all noble Lords are, about wanting to ensure that every pound we spend is well spent. I am aware of the racial disparities that she mentioned, as all noble Lords are. We are looking to address that issue, but in a cost-efficient way.

War Widows: Ex Gratia Pension Payment

Tuesday 5th March 2024

(8 months, 1 week ago)

Lords Chamber
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Question
15:03
Asked by
Baroness Crawley Portrait Baroness Crawley
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To ask His Majesty’s Government, further to the answer by Lord Harlech on 18 May 2023 (HL Deb col 367), what plans they have to ensure that War Widows receive the ex gratia pension payment announced in that answer.

Baroness Crawley Portrait Baroness Crawley (Lab)
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My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and I declare an interest as vice-president of the War Widows’ Association.

Lord Harlech Portrait Lord Harlech (Con)
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My Lords, I declare my interest as a serving Army reservist. The Government continue to recognise the unique commitment that service families make to our country, and we remain sympathetic to those widows and widowers who forfeited pensions under historic rules because they remarried or cohabited. In acknowledgement of this, the war widows recognition payment scheme was launched on 16 October 2023. I am pleased to say that, so far, 190 individuals have made a successful application, with payments having begun in January 2024.

Baroness Crawley Portrait Baroness Crawley (Lab)
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I thank the noble Lord, but despite his Answer, I wonder whether he is aware that there is huge anger among many war widows because of the last-minute eligibility criteria imposed on this recognition payment. Last May, the Government finally agreed that all war widows deserved special consideration under the Armed Forces covenant; now, they appear to have gone back on their word. Does the noble Lord the Minister realise that widows whose partners died as a result of service and who remarried after 2000 have been excluded from this payment? I am talking about war widows from the Gulf War, Afghanistan and Northern Ireland. Will the Government now make it right?

Lord Harlech Portrait Lord Harlech (Con)
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My Lords, I pay tribute to the work that the noble Baroness has done campaigning in this area. Some of the applications for the award have been rejected, and I am happy to share the statistics with the House: 72 individuals have not been accepted for a reward. However, the Ministry of Defence denies that the eligibility criteria have changed: 49 of those were already in receipt of financial reward for their bereavement; 10 are eligible for their war widow’s pension to be reinstated due to no longer being in a relationship that led to the original forfeiture; and 13 have had their initial claim rejected because of either insufficient evidence or because their partner sadly passed away from a non-service attributable death.

Baroness Garden of Frognal Portrait Baroness Garden of Frognal (LD)
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My Lords, I too declare an interest as a vice-president of the War Widows’ Association. We were so hopeful that the war widows who had missed out would at last have their cases sympathetically solved, but following on from my noble friend’s Question, it appears that it was decided late in the day that the ex gratia payment would not be for all those who forfeited their war widow’s pension but for those who forfeited an attributable pension before 2000, which is nothing to do with the war pensions scheme. Under this new scheme, the Minister has told us how many widows have benefited; can he say, given how canny the MoD is with any money for widows, how much money it has actually paid out to date?

Lord Harlech Portrait Lord Harlech (Con)
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I understand what the noble Baroness is asking, but my mental arithmetic is not good enough to multiply the ex gratia payment amount by the number of awards paid out, so I will write to her.

Lord Hintze Portrait Lord Hintze (Con)
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My Lords, just briefly, how much is this costing, given how much we are actually going to be giving to these poor people?

Lord Harlech Portrait Lord Harlech (Con)
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I think my previous answer addresses the point raised by my noble friend, and I will make sure that he receives a copy of that letter too.

Lord Craig of Radley Portrait Lord Craig of Radley (CB)
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My Lords, has the noble Lord the Minister read the recent excellent publication of the War Widows’ Association called Courage? If he has not, I suggest he does because then he will know the answers that he needs to give to the war widows. They are very complicated arrangements, and I do not sense that the widows are given proactive advice by the Ministry of Defence or the Veterans Agency. I believe that would be extremely helpful if it happened.

Lord Harlech Portrait Lord Harlech (Con)
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The noble and gallant Lord raises an important point of communication. I encourage any war widows who believe that they are eligible for this claim who have not yet already claimed to access the application form, which is available from GOV.UK or to call Veterans UK. For the benefit of the House and any war widows watching, I will outline now the eligibility criteria for payments:

“The eligibility criteria for the scheme are that the claimant … forfeited their entitlement to a service attributable survivor’s pension and/or a pension in accordance with the rules of the War Pension Scheme prior to 2015 for the death of a member of the UK Armed Forces and … has not had either pension restored because they are still in a relationship”.

Baroness Fookes Portrait Baroness Fookes (Con)
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My Lords, I declare my interest as president of the War Widows’ Association. I have been following this very closely and I must tell my noble friend that we are wholly dissatisfied with this latest turn of events. Does he realise that this question of the attributable pension making war widows ineligible was never raised specifically with the many deputations to Ministers? It was certainly never raised with me. It appears simply to be a last-minute attempt to claw back some money that is rightfully theirs. I call this, at best, mean-spirited.

Lord Harlech Portrait Lord Harlech (Con)
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My Lords, I pay tribute to the tireless campaigning that my noble friend has done on behalf of war widows. I appreciate that this is difficult, but the eligibility criteria were discussed with the War Widows’ Association from the inception of the scheme. I have been assured by officials from the Ministry of Defence that at no point have the eligibility criteria changed.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham (LD)
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My Lords, the noble Lord the Minister may think that war widows and others spend their lives watching parliamentlive.tv; I suspect that most do not. I seem to recall that, last time this issue came up, I asked whether His Majesty’s Government could inform everybody who they thought was eligible about eligibility, not request people to go online. What are His Majesty’s Government doing to ensure that they do the right thing by all of these widows, including ensuring eligibility as they expected it to be?

Lord Harlech Portrait Lord Harlech (Con)
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I thank the noble Baroness for that question. We do need people to apply because, in line with legislation, once an individual is no longer in receipt of payments from the MoD, the MoD will not update its records on an ongoing basis. Therefore, crucial information such as their address, bank details and surname may not be current. The information requested on the application will enable the MoD to cross-check with the records that it holds and verify an applicant’s eligibility.

Lord Stirrup Portrait Lord Stirrup (CB)
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My Lords, I am sure that the noble Lord the Minister finds himself personally in considerable difficulty seeking to defend this position— I realise that he could not possibly comment—but why on earth do the Government insist on continually painting themselves into morally indefensible bureaucratic corners?

Lord Harlech Portrait Lord Harlech (Con)
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I will take on board what the noble and gallant Lord says.

Lord Geddes Portrait Lord Geddes (Con)
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My Lords, there is just a fraction of time left. Would my noble friend be kind enough to confirm to the House that, in parliamentary terms, there is no such person as a “noble Minister”?

Lord Harlech Portrait Lord Harlech (Con)
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My noble friend strays somewhat outside the scope of this Question, but he is, of course, absolutely right.

Baroness Anderson of Stoke-on-Trent Portrait Baroness Anderson of Stoke-on-Trent (Lab)
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My Lords, I first take the opportunity to thank the noble Baronesses, Lady Crawley and Lady Fookes, for their tireless campaigning on behalf of the disenfranchised war widows. Their work is inspiring. Given the answers that the Minister has given us today, when will he meet with the War Widows’ Association and apologise?

Lord Harlech Portrait Lord Harlech (Con)
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I have not actually received an invitation from the War Widows’ Association. However, should such an invitation be forthcoming, I would be only too delighted to meet with them.

Baroness Crawley Portrait Baroness Crawley (Lab)
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My Lords, our AGM is in a couple of weeks’ time. The Minister would be very welcome.

Lord Harlech Portrait Lord Harlech (Con)
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I thank the noble Baroness for her kind invitation and look forward to seeing her there.

Police Recruitment: Reform

Tuesday 5th March 2024

(8 months, 1 week ago)

Lords Chamber
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Question
15:14
Asked by
Lord Bishop of Manchester Portrait The Lord Bishop of Manchester
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To ask His Majesty’s Government, following the first report of the Angiolini Inquiry published on 29 February, what assessment they have made of the case for reforming police recruitment.

Lord Bishop of Manchester Portrait The Lord Bishop of Manchester
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In begging leave to ask the Question in my name on the Order Paper, I declare my interest as co-chair of the national police ethics committee.

Lord Sharpe of Epsom Portrait The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
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My Lords, the horrific crimes committed by a then serving police officer shocked the nation and undermined public confidence in the police. My thoughts are with the family and friends of Sarah Everard; I cannot imagine how painful this must be for them. In the years since, the Home Office has worked closely with policing partners to strengthen the way that police officers are recruited, vetted, scrutinised and disciplined. The Government will continue to work with policing partners to consider the findings and recommendations of this report at pace, and will respond fully in due course.

Lord Bishop of Manchester Portrait The Lord Bishop of Manchester
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I thank the Minister for that helpful reply. The Angiolini report makes one thing very clear: the appalling long-term toleration of the killer’s abusive and criminal behaviour was made possible by two related factors. The first is a misogynistic culture, and the second is the persistence of employment practices that discourage women from joining, remaining and progressing to senior roles within police forces. Do His Majesty’s Government accept that the culture of UK policing needs an overhaul? What specific steps will they undertake to reform recruitment and retention to ensure that female officers and staff can thrive in policing, and thrive in the numbers necessary to ensure that women in Britain need no longer fear the dangers that led to the death of Sarah Everard?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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The right reverend Prelate in effect asked me two questions. Decisions about police recruitment, including how recruitment and selection processes are run, are a matter for chief constables and police and crime commissioners, and are therefore managed locally by forces. But they are managed within a national application, assessment and selection framework, which is in line with guidance maintained by the College of Policing. That guidance was updated in February 2023, and all 43 forces are now utilising the various online assessment protocols and the face-to-face requirements.

On the culture of the police, it is difficult to disagree with my right honourable friend the Home Secretary, who said that

“the best processes and structures in the world cannot replace focus and leadership. It is incredibly important that leadership at every rank in policing takes that seriously”.—[Official Report, Commons, 29/2/24; col. 456.]

This is a conversation that he has had with police leaders and the College of Policing to ensure that the attitudes highlighted in the report change. Without that shift in attitude, the culture will remain the same, which is clearly not acceptable.

Lord Bird Portrait Lord Bird (CB)
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Has the Minister ever looked at the fact that we are talking about a class issue here? Most police officers come from the class that I come from, and most of the leading people who run the police force come from another class. It is a bit like the Army. When are the middle classes going to join the police force and create a mix, rather than relying exclusively on the working classes to do the hard part?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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The noble Lord raises an interesting point. Of course, the point of the police is that they are there to represent us all. According to the Peelite principles, they have to have our consent to do so, and therefore they should very much look like us.

Baroness Thornton Portrait Baroness Thornton (Lab)
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My Lords, on these Benches too our thoughts are with Sarah Everard’s family at this time. The recommendations that Lady Elish Angiolini makes about vetting are what an ordinary recruitment agency would do as a matter of course: face-to-face interviews and home visits. Anybody in your Lordships’ House who has adopted a cat or dog will know that you have a home visit to make sure you are suitable as a potential adopter—this is basic stuff. They need to find out about the suitability and psychological suitability, taking notice of PNDs and revetting those on transfer from another force or military, or any government location. Taking it on trust that someone has been vetted by these agencies and therefore is okay surely does not work, so why does the Home Office not have a national vetting programme that is compulsory and that all police forces have to follow?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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The noble Baroness raises some good points, and she is quite right about some of the recommendations made by Lady Elish. The Government of course recognise that there have been significant and justifiable concerns regarding police vetting, so over the past year we have worked to sort that out. As noble Lords will be aware, in early 2023 we asked the College of Policing to update the statutory code of practice for vetting, which was published in July 2023. It makes clear the expectation that chief officers will ensure that vetting standards are maintained within their forces. The vetting code is supported by the authorised professional practice guidance for vetting, which has recently been revised. There is much more to do on this—no one is denying that. I take the noble Baroness’s point seriously but, as I say, we will soon respond in full to the report and the recommendations.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, everyone is appalled by this dreadful crime and our thoughts are with Sarah Everard’s family. Will the Government commit to ensuring that female police officers and police staff have the same rights as the public to make a complaint of domestic abuse against their own police force? At the moment their only option is to make a criminal complaint, which most of them are not happy to do. That is definitely not helping recruitment or retention of females in the police force.

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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My Lords, we have already referred to the culture that needs to change, and that is part of the overall cultural change that is required. I am not particularly familiar with how that sort of report would need to be made. I will look into that and come back to the noble Baroness.

Baroness Deech Portrait Baroness Deech (CB)
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My Lords, does the Minister agree that the current situation represents a terrible collapse of trust throughout society? There was a time when we could all have confidence in politicians, civil servants, police and everything. Now that trust in the police has gone, that is deeply damaging to the relationships that we have with each other and with the organs of society, and to the safety with which women and men can walk around.

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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I agree with the noble Baroness up to a point. As I said in my earlier answer, that trust has to be rebuilt by strong leadership. In the case of the Metropolitan Police, Sir Mark Rowley has demonstrated his capacity to give the leadership that is required. He needs to be allowed time for that to happen, but he has been in post for a while so I am hopeful that results will be delivered soon.

Baroness Hughes of Stretford Portrait Baroness Hughes of Stretford (Lab)
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My Lords, in addition to the 16 recommendations pointing to specific system and individual failings that explain what happened in this very tragic case, Lady Angiolini identifies two factors. One of them, mentioned by the right reverend Prelate, is the culture in the police that has persistently not changed. The second is the failure of senior police leadership to deal with those issues and challenge that culture. What women in particular, the public in general and the thousands of decent men and women in the police service want to see is the Government taking responsibility for the changes that are required—not saying that this is the province of chief constables or whoever but showing responsibility and leading the change that is necessary.

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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We do. Obviously we have to maintain the operational independence of the police—I do not think there is any question or dispute about that—so leadership of the police has to remain localised to that extent. However, noble Lords will be aware that we have invested in the College of Policing’s National Centre for Police Leadership, which has already set out standards at every level. There is no dispute that the leadership of the police needs to up its game.

Lord Paddick Portrait Lord Paddick (Non-Afl)
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My Lords, I declare my interests as set out in the register. What plans does the Home Office have to take some responsibility here and mandate the psychological assessment of potential police recruits, looking particularly for any propensity to inappropriately exert power over others?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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My Lords, as I understand it, part of the online process for recruitment involves an element of psychometric testing. I do not know precisely what that testing involves, but I will find out and come back. The online assessment process is very complicated—otherwise, I would give more detail.

Lord Watson of Wyre Forest Portrait Lord Watson of Wyre Forest (Lab)
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My Lords, in 2018 the Government shelved the second part of the Leveson inquiry—which had wisely been initiated by the former Prime Minister, the noble Lord, Lord Cameron —which was to examine the criminal nexus between rogue police officers and journalists. Since then, we have had the Henriques report, the Casey review and now the Angiolini review. How confident is the Minister today that there are not criminal police officers who would have been caught by the second part of that inquiry, who were inappropriately recruited by the police and who are still in office?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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I cannot comment on the inquiry itself. Unfortunately, I cannot be as confident as I would like to be that there are no police officers out there who remain to be caught. Unfortunately, these incidents keep coming to light. Sir Mark Rowley warned us that there were more still to come to light, so I expect to hear more.

Lord Carter of Haslemere Portrait Lord Carter of Haslemere (CB)
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My Lords, the excellent recommendation 7 of the Angiolini report was that every police recruitment process should have a holistic in-person interview looking at the motivations of the person concerned for joining the police and the extent of their dedication to serving the public. I have a close family member of the fairer sex who has just successfully been through the appraisal system but did not have such an in-person interview matching that description. Will the Minister look closely at recommendation 7 to see how quickly it can be implemented?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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I have to say that she should have been interviewed face to face. The information I have is that all 43 forces in England and Wales are conducting those face-to-face interviews. Perhaps the noble Lord would like to share the details, and I will investigate further.

Arrangement of Business

Tuesday 5th March 2024

(8 months, 1 week ago)

Lords Chamber
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Announcement
15:25
Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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My Lords, before we start this debate on foreign affairs, it might be helpful if I briefly remind all noble Lords that the advisory speaking time for Back-Benchers is five minutes. It is obviously advisory, but it was set with the intention of ensuring that as much time as possible for individual contributions was available, while enabling the House to rise at a reasonable time.

We have 65 Members participating, and I anticipate that the debate will therefore last about six and a half hours. I am sure the House is very much looking forward to hearing from the speakers, but given the number of speakers, I respectfully request that all speeches are kept within the advisory time limit to ensure that all noble Lords can contribute at a sensible hour. The usual channels have also arranged a Statement to be taken as dinner break business, which will start at the usual time of about 7.30 pm, to ensure that all noble Lords taking part in the debate can have a bit of a break.

Foreign Affairs

Tuesday 5th March 2024

(8 months, 1 week ago)

Lords Chamber
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Motion to Take Note
15:26
Moved by
Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
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That this House takes note of the United Kingdom’s position on foreign affairs.

Lord Ahmad of Wimbledon Portrait The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)
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My Lords, it is an immense honour to open this important debate on behalf of my noble friend Lord Cameron. I look forward to some insightful contributions.

I must admit that, in preparing for this debate, I do not know if I should feel a sense of trepidation in having my boss watching my performance or, indeed, a degree of nostalgia, because it was of course my noble friend Lord Cameron who first appointed me to this House. As a Minister, I am sure it is a mixture of both. I of course welcome my noble friend’s appointment and the intensity of diplomatic effort we have seen in recent months. His experience, insight and engagement on the global stage have been a real reflection of the strength of British diplomacy. I assure noble Lords that this is a welcome opportunity for us to listen and to consider the UK’s place in the world and its position on the full range of foreign affairs issues—development, diplomacy, defence and security.

What is clear is that we face a world that is increasingly unstable and insecure, and we are facing, frankly, a daunting set of challenges with direct implications for our country. I assure noble Lords that we are working with old friends and new partners to address these challenges, bringing together our best efforts across diplomacy and development to protect our security and shape an open and stable international world order.

This approach has defined our approach to issues across the Middle East, in particular to the Israel-Gaza crisis, where we are driving progress towards a sustainable peace, a peace that lasts, and a solution that delivers justice, security and stability for Israelis and Palestinians. Let me be clear: Israel was shaken to its core by those horrendous terror attacks perpetrated by Hamas. Today, we see Palestinian civilians in Gaza who are facing a devastating humanitarian catastrophe. We need to act, and we are doing just that. That is why we have said that the fighting needs to stop now. That call was echoed by the US Vice-President Kamala Harris just this weekend. The most effective way, as we have said consistently, is to agree an immediate humanitarian pause, a stop in fighting. That will lay the ground and the space to create a sustainable ceasefire. It would allow for the safe release of hostages and a significant increase, which is vitally needed, in aid going into Gaza. I stress again: this must happen, and happen now. It is a position shared by many partners, and I assure noble Lords that it has been the focus of all our extensive diplomatic efforts. Indeed, since his appointment, my noble friend and I have conducted more than a dozen visits to the region, sometimes visiting countries twice over, as well as the other engagements we have had on this issue in multilateral fora.

As Foreign Secretary, my noble friend Lord Cameron has visited Israel and the Occupied Palestinian Territories twice over. He has also visited Qatar and Turkey. I have had the opportunity to join him on visits to Jordan, Saudi Arabia, Lebanon and Egypt, as well as the visits I have made to Qatar, Bahrain, UAE, Kuwait, Israel and the OPTs, Egypt and Morocco. We have been clear that there are five vital elements for a lasting peace. These include, first, the release of all hostages, which should also allow for unhindered humanitarian access to Gaza; secondly, the formation of a new Palestinian Government for the West Bank and Gaza, accompanied by international support—meaning support for reconstruction to rebuild schools and hospitals, and allowing for basic amenities to start again; and, thirdly, removing Hamas’s capacity to launch attacks against Israel.

We also want to see an end to extremist settler violence, which we have seen perpetrated in the West Bank, and Hamas no longer being in charge of Gaza. Importantly, we want a political horizon which provides a credible and irreversible pathway towards a two-state solution, with two states—Israel and Palestine—living in security and peace. My right honourable friend the Prime Minister, my noble friend Lord Cameron and I have reiterated these messages with senior members of all Governments, including Israelis and Palestinians, in all our various visits, engagements, telephone calls and diplomacy in recent weeks.

I assure all noble Lords that we make the point that civilians must be protected and have made it clear that all parties must act within international humanitarian law. Israel must focus its operations on military targets and avoid civilians being killed. A military ground offensive into Rafah is, frankly, a chilling prospect and we are urging Israel to stop and think seriously about the impacts of such an offensive.

Meanwhile, we are doing all we can to alleviate the suffering. We have trebled our aid commitment this financial year and are pressing to get more crossings into Gaza open. We have reminded Israel of its obligation to ensure that significantly more humanitarian aid enters Gaza. In this respect, we are focusing on five key humanitarian needs: an immediate deconfliction mechanism to enable safe distribution of aid through that extended humanitarian pause; increased capacity inside Gaza, enabling the humanitarian system and private sector to scale up the provision of goods; increased access for aid through land and sea routes; an expansion of humanitarian assistance to Gaza, including fuel, shelter and public health items, as well as items critical for infrastructure repair; and, of course, the provision of electricity, water and telecommunications.

I turn to the wider region and the situation in the Red Sea, where the Houthis have been using the events in Israel and Gaza as an excuse for their attacks on commercial shipping. I assure noble Lords that we are using every diplomatic lever at our disposal to pressure the Houthis to desist, working with our allies and international partners, including through Operation Prosperity Guardian—an international naval force to deter mounting attacks. We are working alongside the US with non-operational support from Australia, Bahrain, Canada, the Netherlands, Denmark and New Zealand. We must protect these lanes: 15% of the world’s trade and shipping passes through them in the Red Sea. Let me also be clear: military action is always treated as a last resort.

I turn briefly to Iran. We believe that Hamas alone was responsible for the horrific terror attacks on Israel last October, but Iran also bears responsibility for the actions of such groups, which it has long supported politically, militarily and financially. This includes Hamas, the Lebanese Hezbollah, militia groups in Iraq and the Houthis in Yemen. As my noble friend has made clear to his counterpart, Iran must actively restrain them.

I turn to Mr Putin and Russia’s illegal war on Ukraine. The brazen violation of the UN charter strikes at the heart of the rules on which our security and prosperity depend. Mr Putin’s recent address, simply put, was deplorable. The threatened use, yet again, of nuclear weapons is chilling and irresponsible. Two years on from his illegal invasion, Ukrainians continue to stand strong, as they fight to defend their country and the principles of freedom and democracy.

The international community stands just as firmly in support. We are leading the international response, giving the Ukrainians what they need to defend themselves, to succeed against Russian aggression and to build a secure and prosperous future. Russia and Mr Putin should be in no doubt of our resolve. This is why the Prime Minister made his first foreign visit of the year to Ukraine, with one message:

“The United Kingdom stands with you”.


Indeed, my noble friend the Foreign Secretary, upon his appointment, made Ukraine his first visit. This underlines the strong support we are giving to a key ally and partner. It is why the UK signed, with President Zelensky, a historic agreement on security co-operation, providing assurance for the long term. It is why we have pledged almost £12 billion in overall support to Ukraine since the war began, including £2.5 billion in military assistance this year and a further £245 million for artillery ammunition to boost Ukraine’s reserves.

Meanwhile, our sanctions have deprived Russia of over $400 billion in assets and revenues. In a joint call with G7 leaders and President Zelensky to mark the second anniversary of the invasion, my noble friend the Foreign Secretary renewed our pledge to make Russia pay. Russia must also be held to account for the terrible impact of Mr Putin’s despotism on ordinary Russians. We saw this most recently in the tragic death of the brave and courageous Alexei Navalny. Our thoughts and prayers extend to his family. As the Prime Minister and my noble friend have done, I call again on Russia to release our British citizen Vladimir Kara-Murza. Release him—release him now.

Elsewhere in the world, the UK’s approach to China is to strengthen our national security protections, to work closely with our partners and to engage directly where it is in our interests to do so. My noble friend met his Chinese counterpart, Foreign Minister Wang Yi, on 16 February at the Munich Security Conference. They agreed that our countries should continue to engage across a range of areas. The Foreign Secretary also urged China to use its influence with Iran to pressure the Houthis over their attacks in the Red Sea and further stressed the UK’s support for Ukraine. My noble friend also raised the case of British parliamentarians sanctioned by China, some of whom are present in the Chamber, and reiterated his call for the British national Jimmy Lai to be released.

On human rights, I assure noble Lords that the UK continues to play a leading role in holding China to account over its human rights violations, both through sanctions and international action, as our joint statement in October on the situation of the Uighur Muslims in Xinjiang demonstrated.

Elsewhere in the world, we are also demonstrating leadership in our work with regional partners, particularly and most recently to de-escalate tensions and ensure respect for Guyana’s sovereignty. I know that my noble friend the Foreign Secretary and my colleague Minister Rutley have engaged extensively on this issue.

I turn to multilateral organisations. There are, of course, many brutal conflicts taking place, humanitarian crises that are gripping us and human rights violations taking place as I speak. We could talk about Myanmar, Sudan, Yemen, Venezuela, the DRC, Syria and Ethiopia —the list goes on. It is important that we strengthen our work in multilateral organisations, including the UN. Our role as a P5 member of the Security Council is key, as well as being a leading ally within the expanding NATO. We are also looking at new partnerships, to see how to reinvigorate the Commonwealth, and new alliances, such as strategic dialogue within ASEAN.

Amid all our diplomacy, international development plays a pivotal role in our approach, helping to protect our interests in an open and stable international order, and the sovereignty, security and prosperity of British people. As such, we are drawing on the UK’s diplomatic and technical skills, its science and technology expertise and its role as a global financial centre, to partner with developing countries, including the most fragile ones, so that we can deliver, with them, our collective ambitions. This means unlocking the full potential of UK development finance and programming, while also pushing for reform and delivery of a bigger, better, bolder and fairer international financial system. I pay tribute to my right honourable friend the Development Minister for pushing this agenda and these priorities to ensure that those in the developing world get a fair deal. It also means supporting countries to cope with the effects of climate change; UK international climate finance has helped more than 100 million people cope with our changing planet, giving 70 million access to clean energy. On preventing sexual violence in conflict—a personal priority—we have helped to shape this agenda over a number of years, and I pay tribute to the people we have worked with, including the Nobel laureates Nadia Murad and Denis Mukwege, and to the convening power of Her Royal Highness the Duchess of Edinburgh.

I turn briefly to the topic of trade and growth during these unstable times that are affecting all economies. Enhancing our trade partnerships is, as ever, a key priority in order to boost security and prosperity at home and abroad. Accordingly, we continue to work around the clock on the FTA negotiations with India and our GCC partners. We are also expanding British international investments, including in the Indo-Pacific, where up to £500 million focused on climate finance will be invested. This will contribute to the £11.6 billion international climate finance commitment that we pledged to spend by March 2026, along with our pledge of $2 billion to the Green Climate Fund that was announced by my right honourable friend the Prime Minister at the G20 summit last year. Meanwhile, our developing countries trading scheme offers one of the most generous sets of preferences in the world, supporting jobs in partner countries and cheaper imports for UK consumers and businesses. Finally, I will mention the Blue Belt, which is another great example of British leadership. The UK and its overseas territories are custodians of the fifth-largest marine estate in the world, and the Blue Belt now protects 4.4 million square kilometres of ocean. We need to work with other countries to ensure that our oceans are protected for generations to come.

To conclude, when faced with so many international challenges, I assure your Lordships that the UK stands ready to continue working with key partners but also to continue to show leadership. On issue after issue, noble Lords can see the difference we are making with our partners. We are using our global convening power, working closely with old friends and new; and this is how, in the spirit of co-operation, we can shape that open, stable international order, despite the immense challenges and conflicts we face. From conflict resolution to climate change, from embracing new technologies to strengthening cybersecurity and facing the challenge and opportunities of AI, from standing against aggression and aggressors to fighting the cause of justice and security through strengthening alliances and supporting friends and allies, both old and new, we, the United Kingdom, remain committed to building a world in which freedom, democracy and justice can truly flourish. I beg to move.

15:43
Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, it is a pleasure to follow the Minister, who, in the way that he has dealt with questions and debates in this House, has won the respect of your Lordships’ House. We certainly welcome the debate and appreciate that the Foreign Secretary and the noble Lord, Lord Ahmad, have ensured that, at a critical time in world affairs, we can draw on the expertise across your Lordships’ House—the speakers’ list promises an interesting and useful debate. I smiled when the Minister spoke about a sense of nostalgia when he introduced this debate. All of us, when looking back at foreign affairs, always have a sense of nostalgia that somehow things were better in the past—we are not always right.

This really is a critical time. It is two years since Russia’s illegal invasion of Ukraine. Negotiations for a humanitarian ceasefire in Gaza continue. We have seen a fourth round of UK airstrikes against the Houthis. Tensions continue in the Indo-Pacific region, and we must acknowledge the growing threats from various hostile states. A further dynamic is that, this year, across the world, billions of people will vote in crucial elections, against a backdrop of huge technological change, bringing greater potential for disinformation and external interference. Today’s world leaders face multiple risks and challenges, including conflict, terrorism, the climate emergency and migration.

The first duty of government is the security of its citizens. Throughout history, every Government, in every country, have had to adapt to meet the risks of the age. The driving force behind the creation of both the EU and the UN was a desire for greater co-operation and lasting peace. At a time when trust in government and wise counsel is most needed, we have also seen a rise in those who wish to spread conspiracy theories, fake news and extremism. This creates unpredictability.

The UK holds a permanent seat on the UN Security Council, plays a major role in NATO, retains membership of numerous international organisations, and is a signatory to important treaties and conventions. We take pride that our international relationships with long-standing allies, the Commonwealth and key international partners, give us a wide-reaching diplomatic network. Yet it is a sad reflection that in the past 14 years we have become increasingly disconnected from some of our important allies and institutions.

We have had a significant role in relation to Ukraine and Gaza, but we have retreated from or cast doubt on our commitment in other areas. We had policy differences when the Foreign Secretary was in Downing Street, but we also accept that his Administration were serious about foreign policy. More recently, the Government’s conduct on issues such as Brexit and the protocol, the Northern Ireland legacy Act and the Rwanda agreement has tarnished our long-standing reputation for respecting human rights and upholding the rule of law. Ill-advised comments about foreign leaders, the slashing of international aid, reducing our diplomatic presence and a casual attitude towards the importance of international law, and lecturing others while watering down the UK’s climate commitments undermines our soft power.

Yet as a world response to the actions of hostile states, international co-operation has rarely been more important. Such states are deploying increasingly sophisticated cyberattacks against western parliamentarians, hospitals and civil infrastructure. In some ways it is like a modern-day version of the Zinoviev letter, in seeking to influence and disrupt the diplomatic process. The Foreign Secretary looks at me askance—I was not around then either, if it is any consolation.

The Home Secretary has expressed concerns about the potential impact on the UK when foreign actors are involved in major disinformation campaigns. This does not just affect elections; such external campaigns are designed to impact on domestic and international stability. Parliament has an opportunity to address this in the Data Protection and Digital Information Bill, currently before your Lordships’ House, where amendments will be tabled to try to tackle the issue of political deepfakes. I appreciate that the Bill is not the responsibility of the Foreign Secretary, but, given the international implications of this and its seriousness, can he look at it with his Cabinet colleagues? We are open to further discussions on that issue.

At our last Oral Questions with the Foreign Secretary, my noble friend Lord Collins was somewhat bemused when he announced that he had been sanctioned by the Putin regime. He joins an elite group of parliamentarians, but our response to this must be robust. Can the Foreign Secretary outline how those issues are discussed between government departments and with international partners to ensure that modern state threats are more effectively identified and countered?

In his introduction, the noble Lord, Lord Ahmad, spoke of the death of the courageous Alexei Navalny. There is also the increased imprisonment of political opponents in Russia and other countries. How we respond to this with our international partners can have important repercussions. Who was not moved to see thousands upon thousands of people queueing to pay their respects, even though they knew that they were at risk from Putin in doing so?

Russia’s illegal invasion of Ukraine impacts across the whole of Europe and beyond. I was honoured to briefly meet President Zelensky when he visited Parliament —his leadership is inspirational. We all condemn the illegal invasion. Keir Starmer has been clear that, if we are in government later this year, we will stand with Ukraine—because Britain and this Parliament stand with Ukraine.

Months ago, we called for legislation to enable the utilisation of seized Russian assets. We were pleased that President von der Leyen supported doing just that to fund rebuilding Ukraine. Andrew Mitchell in the other place has said that the Government hope to have positive news on this soon. I hope the Foreign Secretary can provide an update when he responds in a few hours.

The attacks by Hamas on Israel on 7 October unleashed catastrophic devastation, and we totally agree with the noble Lord, Lord Ahmad, and others, that fighting must stop now. A sustainable and sustained humanitarian ceasefire observed by both sides, underpinned by the release of all hostages and the ramping up of aid, is essential. Alongside that, diplomatic engagement is paramount. We are aware of the intense efforts taking place as we speak, and we want to remain optimistic, however difficult that is. An offensive in Rafah would create an even greater humanitarian catastrophe, and such action during the holy month of Ramadan would further inflame regional tensions.

I will not repeat the noble Lord’s five points, but we concur with the points he made. The eventual aim of a two-state solution must be kept alive, despite the huge challenges—a safe and secure Israel, but also a viable Palestinian state without Hamas. We are a long way from there.

Last week, the noble Lord confirmed that the aid getting into Gaza is not enough, and that 500 to 600 trucks are needed daily. Is there any evidence yet of a significant improvement, or the likelihood of one, in the days to come?

On the Red Sea, we have supported the limited targeted action taken by the UK, alongside allies, to diminish the Houthis’ ability to disrupt maritime navigation, and we acknowledge and thank our Armed Forces for their professionalism, capability and commitment. We have now had a fourth round of strikes. I ask the Foreign Secretary at what stage the Government would consider this to be a sustained campaign and, if we cross that threshold, what accountability to Parliament might look like. When we last had a Statement on this issue, I asked the noble Lord the Lord Privy Seal and Leader of the House whether the Ministry of Defence is content that the strategic objectives are being met. Can the Foreign Secretary confirm these objectives today and say whether they have changed? Given that, whenever possible, military action should be accompanied by diplomatic efforts, can he say more about the efforts taking place in the region?

I know that the Foreign Secretary is aware of the huge disappointment when the Government down- graded international development—particularly in reducing the target from 0.7% to 0.5% of GDP, when GDP was falling—and in how that money has been used. For many years, including when he was in a different role, there had been a consensus on retaining that ambition of 0.7%. Yet not only was that figure reduced but the way in which it was done—so quickly and immediately, without consultation, and with no transitional arrangements put in place—had serious consequences and implications.

We have heard on a number of occasions in your Lordships’ House of the damage that has been caused to international development programmes that were funded by that money. The Foreign Secretary knows the importance of the SDGs and the Government have committed to implementing them, yet the way in which the aid cut was undertaken makes implementing the international objectives even more difficult. What confidence is there that we can actually achieve those aims? This does not just impact on the perception of the UK across the world and our soft power; it impacts directly on the projects that were taking place on the ground, saving lives. Can he offer any hope of an improvement from this Government?

In the time available, I have not been able to comment on the many issues that will be part of today’s debate, specifically our relationships with China and Taiwan and issues in the Indo-Pacific region. However, my noble friend Lord Collins will respond to the debate on those issues.

We remain of the view that, when the world is increasingly shaped by geopolitical events and trade flows, when risks and challenges are international, the UK should step up, engage and show leadership, rather than step back. In recent years, it has been felt that the Government have been too casual and uncommitted to our international obligations. I can think of no other Government, including the Foreign Secretary’s, where senior figures would seek to defy international law, or where legislation to protect citizens’ rights would become a political football.

I suspect that the Minister would agree with Keir Starmer. I expected a reaction then—but I think he would. The nation’s foreign policy must prioritise restoring our place on the world stage. That is not about being jingoistic or unrealistic about resources, but about how we, once again, make the UK a force for good. In the past, we have helped shape international institutions and norms; we have played a key role in conflict resolution; and we have used our convening power to build an international consensus around major events. We want to work with the EU as genuine partners; to be a dependable NATO ally, supporting Ukraine’s accession; to implement AUKUS; and to strike new security and intelligence partnerships. We want to again lead in development and seek to lead on climate action too.

Everyone stands to gain if we can lift vulnerable countries up and do something to accelerate climate mitigation. For our security and prosperity, and for those of our allies, Britain must reconnect with the world and become a positive leader once again.

15:56
Baroness Smith of Newnham Portrait Baroness Smith of Newnham (LD)
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My Lords, when the noble Lord, Lord Ahmad, started, he said he was not quite sure how he felt about opening the debate. I wondered whether he was really musing about the fact that normally he would have to spend a whole debate sitting and scribbling in response to everything that we had said. This afternoon, he has now passed this task on to the Foreign Secretary. The noble Lord, Lord Ahmad, can—for once—sit quietly and listen, probably to some of the tributes that will be paid to him, as one of our most indefatigable Ministers who truly has respect in your Lordships’ House.

From the High North to the South Atlantic, from North Korea to South Sudan, there are global challenges and foreign policy concerns for the United Kingdom, our partners and allies. Some speak of a new Cold War; I have never understood that. I do not see how this is a new Cold War. If anything, we are seeing a series of very hot wars. At the time the Cold War ended, the UK, like so many of our partners, took a peace dividend. We now need to consider whether that was at too high a price. Are we paying enough now for our security and defence, or are we overstretching ourselves in diplomacy, defence and development—the three Ds?

In your Lordships’ House, we have two Ministers who have spent—as the noble Lord, Lord Ahmad, told us—weeks and months travelling around globally, representing this country very ably. Yet, is the country really spending enough on foreign security and defence policy when we face so many challenges? We have a series of challenges, threats and global issues that need to be considered.

In his opening remarks, the noble Lord, Lord Ahmad, got round part of the world in 16 minutes. In her 13 minutes, the noble Baroness, Lady Smith of Basildon, got round some other parts. That in itself demonstrates that we are in a situation where we need to be looking south and east, north and west. I wonder whether we are able to do so effectively. Does the Foreign, Commonwealth and Development Office have the resources to achieve everything that this country and our European and NATO partners need us to do? Does the Ministry of Defence have the resources that we need? Does this country take our foreign policy responsibilities sufficiently seriously? This is not a criticism of this Government or of previous Governments. We need to consider it as a public policy discourse because, if we do not pay sufficient attention to the international, we will be caught out when the next crisis or conflict occurs.

During the last three years, three areas have been, in series, the source of much discussion and debate in British foreign and defence policy—Afghanistan, the Middle East and Ukraine. I will mention a fourth area because I know that the Foreign Secretary has just been down to the South Atlantic and the Falkland Islands. Before I look at the more recent hot conflicts, I wonder whether the Foreign Secretary can enlighten the House about the current feelings in the islands, particularly in light of the Argentine President resurrecting the idea that the Falklands are of significant interest to Argentina. What confidence can he give the islanders? Is he able to answer a question put to me when I was in the Falklands 18 months ago—if Argentina invaded today, would the United Kingdom be able to protect us? At one level, the short answer is that we have forces permanently deployed down there. But, if we were asked whether we could send a task force, the answer might be somewhat different.

I turn to more recent issues. We have a legacy of 20 years in Afghanistan. At the time of the United States’ withdrawal, there was an ignominious departure by the United Kingdom and our other European NATO partners. We left behind too many people who had put their lives on the line by standing alongside the United Kingdom—whether they were interpreters, British Council contractors or the Triples. The cases of all these people have been raised many times in your Lordships’ House. Too often, the answers have reflected interdepartmental differences—a sense that it is not an issue for the Foreign Office, or the MoD, or the Home Office. There is too much buck passing. In his response, can the Foreign Secretary give some reassurance to those people who are still in fear of their lives because they worked alongside the UK and NATO? Can he assure them that we will get them out of Afghanistan, that they should not be risking their lives in small boats, or going to Rwanda, and that we will do the right thing for those people we left behind in Afghanistan?

The Afghan case is too infrequently discussed because the bandwidth is not there. We have moved from Afghanistan to Ukraine—and rightly so. It is absolutely right that His Majesty’s Government and the whole of the United Kingdom has been supporting Ukraine, whether by welcoming Ukrainians into our homes, sending ammunition, training soldiers or through the diplomatic route that the Prime Minister and the Foreign Secretary have engaged in. But one of the lessons from Afghanistan is that, when the United States withdraws, it is difficult for the United Kingdom and our European partners to stand alone. If we see that on this side of the channel and of the Atlantic, the message was also not missed in Beijing, Moscow or Tehran.

The third of the areas that have already been discussed today is Israel, Gaza and the Red Sea, about which I will not go into detail because so many other noble Lords will do so. The Foreign Secretary has clearly already been trying to play a role in those areas, making some very important statements about the importance of a two-state solution. We are facing a world where so many of these issues have links with Russia or Iran; Hamas, the Houthis and Hezbollah are all supported by Iran. What conversations are His Majesty’s Government able to have to try to reduce the danger from Iran? That is one of the issues that we do not talk enough about that needs to be discussed.

The final area is China, about which I turn, briefly, to the High North. In recent years, our attention as a country and politicians has been to the south and east, but if we look to the High North, we see that climate change is affecting everyone. Greta Thunberg talked about the world being on fire—that includes the Arctic, which sounds impossible but is true. As the Arctic ices melt, we will see new sea routes offering potential trading opportunities that may be beneficial to the United Kingdom and our allies; but it is also seen by China as the opportunity for a polar silk road. As China signs deals with Russia—and the Arctic, instead of being an area of high co-operation and low tension, looks, potentially, to become one that is securitised by Russia and China—what assessment are His Majesty’s Government making of the High North? Do they have the bandwidth to think not just about the present issues in the Middle East and Ukraine but about potential conflicts and areas of difficulty in the High North?

How far are the Government also looking west? At the moment, we still have a President of the United States who is committed to NATO. If Donald Trump were re-elected in November, could we rely on the United States? If not, what is the United Kingdom doing with our European NATO partners and the European Union? What discussions are His Majesty’s Government having, bilaterally and multilaterally, with France, Germany and the European Union to strengthen our security ties? Will we go through the open door to have a UK-EU security relationship? We have moved beyond the intricacies of Brexit that soured politics for so long and there is an opportunity to think about a security relationship—but will His Majesty’s Government take it? Do they have a strategy for co-operation, or are we destined simply to see ad hocery? At times, AUKUS and the relationship with Japan and Italy on fighter jets look—dare I say—opportunistic.

Can His Majesty’s Government tell us that they have a strategy for the UK’s place in the world in which it plays its right and proper part? Will it demonstrate the leadership that we all need? That is not just about leadership in this place and the other place but about a national conversation that reminds everyone that we must stand up for democracy, human rights and the rule of law. If we in this country—not just politicians, journalists and academics but every citizen—are complacent and do not stand up for those things, we will be vulnerable. Can the Government offer the leadership that we all need?

16:08
Lord Ricketts Portrait Lord Ricketts (CB)
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My Lords, I welcome the debate and the great energy and purpose that the Foreign Secretary has brought to his role, ably supported of course by the noble Lord, Lord Ahmad, and the talents of the Foreign Office staff. They have increased the impact and influence of British foreign policy.

Five months after the awful Hamas attack, we must not lose our sense of horror at the incessant images from Gaza that we see every day. The suffering of the Israeli hostages is unimaginable. It is extraordinary that, despite all UK and US efforts, Gazans on the verge of starvation are reduced to mobbing a food convoy, with the stampede killing many people after Israeli forces opened fire. It is equally extraordinary that the US is reduced to air-dropping some pallets of aid into northern Gaza because it cannot persuade the Israelis to let in enough by land. I have never known as wide a gulf as exists now between a US President and an Israeli Prime Minister. It seems that the talks in Egypt about cessation of hostilities and hostage exchange have now broken down. Faults are no doubt on both sides, but it is hard to avoid the conclusion that Netanyahu’s determination to prolong the war is linked in some way to his own political survival.

Stopping this fighting is desperately urgent, to get hostages out and humanitarian aid in, but also to create an opportunity to move towards a better post-conflict future for Israel and Gaza. I welcome the Foreign Secretary’s championing of the two-state solution. For all the difficulties, it is the only viable alternative to a forever war between Israel and the Palestinians. I also think he was right to open up some negotiating space around the point at which a Palestinian state could be recognised. Of course there are huge obstacles; a new Israeli and Palestinian leadership would be needed, in my view, as would a credible answer to who will provide security in Gaza and who will foot the massive reconstruction costs there.

From that point of view, it is encouraging to see that the Gulf Arab states are now much more engaged in thinking about the future of the Palestinian people than was the case in the past. They will have to have a central role in the running of Gaza in the future, alongside a new Palestinian leadership. Part of that package should be a peace deal between Israel and Saudi Arabia, which would enable Israel at last to integrate into the dynamic region of which it is a part. A lasting ceasefire would also do a great deal to stop Iran destabilising the region. It should de-escalate tensions across the border with Lebanon, and remove the Houthis’ pretext for taking international shipping hostage in the Red Sea.

Could the Foreign Secretary tell us where things stand on the comprehensive US draft UN Security Council resolution, which the Americans circulated in mid-February and which set out a lot of the points I have just gone over, and a very different vision from that on offer from Prime Minister Netanyahu?

I turn briefly to Ukraine. Of course, I draw attention to the European Affairs Committee’s report on the impact of Ukraine on UK-EU relations, which has been largely positive. I single out the issue of using frozen Russian assets to fund reconstruction; when he came to the committee, the Foreign Secretary kindly told us that

“there is a legal route to doing this”.

The Commission plan at the moment seems to be only to use future windfall profits from the euro clearing balance. Frankly, that will not change the dial on reconstruction. Can the Foreign Secretary update the House on where we are on the idea of using frozen Russian assets, at least as collateral?

More broadly, I am afraid that there is no prospect of either side achieving an outright victory, much as I would like to see Ukraine doing so. The risk is a long, grinding war in which the Russians gradually gain the upper hand, especially if we have a new President Trump in the White House. If President Zelensky decided the time had come for an armistice, freezing something like the current front lines, we should see that as an opportunity, not a disaster. It would enable us to bring the 80% of Ukraine which is free into NATO and the EU. Korea is not an exact precedent, but it gives an idea of what could be achieved by a long-term armistice. In that case, rather than being a bridgehead for further Russian aggression in Europe, an armistice would be more likely to leave Putin and his successors scrambling to prevent people stuck in the benighted, sad, Russian-controlled rump escaping west to a prosperous and free Ukraine.

16:14
Lord Archbishop of Canterbury Portrait The Archbishop of Canterbury
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My Lords, I join in the tributes to the noble Lord, Lord Ahmad, for his opening and his many distinguished years of service—may he continue in his current position—and to the energy that the noble Lord, Lord Cameron, as Secretary of State, has brought to the present process and this debate.

I want to focus, as the noble Baroness, Lady Smith of Newnham, did, on the means rather than the end. Like many noble Lords here, I was in Ukraine three weeks ago—for about a week, in my case—in Kyiv and Odesa. I was there, coincidentally, at the same time as the head of the European foreign service, and we managed, with some of his staff, accidentally to be in the same bomb shelter at the same time, which gives one an opportunity to talk to people. One of the things that came across was the determination of Europe to protect Ukraine from defeat—to support it. However, in conversations with senior politicians in Ukraine, as well as the most senior religious leaders in that very religious country, the question they put was not just what the West intends and what the UK intends—their warm words about the UK were very striking—but what were the means to those ends. You do not win wars by good intentions.

I will not go further on that except to say that the integrated review and the refreshed integrated review talk extensively about ends, but they do not talk at all, or not very much, about means. This is the question that has to be put to government but will be much better handled by the noble Lords and noble and gallant Lords, with infinitely more expertise than me, who are here today.

Moving on from that, I want to talk about something that is a major focus, and has been for many years, in the Anglican Communion. I remind noble Lords that the average Anglican is a woman in her 30s in sub-Saharan Africa, on less than $4 a day, with a 50:50 chance of being in a place of conflict or persecution. The question of avoiding war and making peace applies not only, obviously, in Ukraine and Gaza but, according to the UN’s recent figures, in at least 52 other places around the world. Over the last 10 years, in the 165 countries in which we have Anglican churches, divided into 42 provinces, I have visited all those provinces. I have spent much of that time with people involved in conflicts, seeking to build them up, whether it is in northern Mozambique with training from the UN or other places. It is very striking that the impact of peace- building is not only a primary command of Christ in the Bible—

“Blessed are the peacemakers, for they shall be called children of God”—


but fundamental to the national interests of this country.

Our leadership, historically and today, in areas of conflict brings us enormous distinction, at huge cost. Our leadership in peacebuilding is something we have the capacity to do: it is hard won and brings long-term prosperity and opportunity. Peace brings development; development brings trade; trade is to our advantage and brings more development. Our soft power assets in this country are enormous, especially when combined with the hard power within our Armed Forces to contribute to the necessary tough side of peacemaking.

We see with Gaza and the horrendous events I saw within a very few days of 7 October—I was in east Jerusalem—the terrible human impact and the almost impossible task of bringing peace in the midst of the sound of the guns. Once the guns begin, peacemaking becomes extremely difficult, if not impossible.

The Foreign Office has an excellent unit, pithily named—I am sorry to have to reach for my notes as I can never get this right; I am sure the Secretary of State could whip it off—the negotiations and peace processes team in the Office for Conflict, Stabilisation and Mediation. I will call it peacemaking for short. It is staffed, like the whole Foreign Office and our brilliant Diplomatic Service, with people of courage, determination, huge experience and great wisdom—small in number and with very little money.

If we are to talk about the use of aid, as the noble Baroness, Lady Smith of Basildon, did so effectively, we must look at where that aid is best used. Putting it properly to the service of peace has a far higher return than any other possible use of it. It saves money on fighting wars and on diplomatic intervention at a time when diplomatic intervention is virtually vain.

This debate will cover so many areas and has so many wise Members of this House participating that I do not wish to go on any longer. I simply hope that the Foreign Secretary, when summing up, will speak about peacemaking. In the refreshed integrated review, the word “reconciliation” does not appear and, when I did a search, “peace” appeared four times in 114 pages. I may be wrong; it may have gone up and I did not notice. Two of those references are in the context of nuclear war.

Will the Government enhance the work of the peacemakers in the Foreign Office? Will they encourage working with the third sector and local groups? Will they bring in the coalitions—for instance, in the south Caucasus and other areas that we forget so easily—which will mean that we in the West are not only resilient, united, determined and courageous but making peace in a way that opens a future for the country and for ourselves?

16:22
Baroness Goldie Portrait Baroness Goldie (Con)
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My Lords, it is a pleasure to follow the most reverend Primate’s thoughtful contribution. These are bewildering times. They are the most complex that I have ever known. The Government have innovated and adapted to be more effective, as my noble friend Lord Ahmad so eloquently described, and to be resilient in this menacing age. I commend the Government on the action they have taken and on recognising that in this age, relationships, partnerships and alliances are key.

What about global fora, where we have a joint interest but no singular control? I will focus on NATO and the United Nations. Two questions must be asked: are they still relevant and, if so, are they still fit for purpose? I will not dwell on the threats—we all know what they are—but I want first to look at NATO, which is 75 years old this year. It is a military defensive alliance of 31 states—about to be 32 with the accession of Sweden—bound by the collective obligation of Article 5. It has a proven record of effective military activity, honed and reinvigorated with the renewed sense of purpose in response to the illegal invasion of Ukraine by President Putin.

Is NATO still relevant? Yes, and I would argue even more so than in 1949. Is it still fit for purpose? Yes, but with two material caveats. The first is money. Defence spend of 2% of GDP is not enough. I am now going to be a liberated, uncorseted Back-Bencher. The UK must show leadership. The feast and famine approach does not work. Giving when we have the money and withholding when we do not is no basis on which to operate our defence capability. It is cloud-cuckoo-land.

We need to think outside the box and I suggest a new and hybrid approach. Defence is of such primary importance that I think it merits top-slicing from the budget to fund core need. Then, why do we not consider giving the public a stake? Issue “patriot bonds”—call them what you want—so that the public can invest directly in our security. If you want a defence capability, it needs consistent resourcing and you must take the public with you.

My second caveat is that the commitment of all member states to Article 5 must be unyielding and explicit. Ambiguity and loose talk by member states are irresponsible and fatal to the integrity and credibility of NATO as a defence alliance. I look to the United Kingdom to lead that charge. Having said that, thank goodness for NATO, and I praise the leadership of the Secretary-General and the professionalism of all the militaries that make it what it is.

I turn to the United Nations. Created in 1945 following the collapse of the League of Nations, the UN was very different—but then so was the global environment of nearly 80 years ago. It was built around the United States, the United Kingdom, France, Russia and the then Republic of China—the five permanent members of the Security Council—and many positive developments have ensued. The UN is a pre-eminent global presence with a worthy record of achievement. It is the umbrella for important and effective subsidiary groups.

The real engine of the United Nations remains the Security Council. Paradoxically, two of the main perpetrators of global threat and instability, Russia and China, are still two of the permanent members. They regularly veto Security Council proposals. That is a self-perpetuating stasis right at the heart of the United Nations and it is not workable. Is the United Nations still relevant? Unhesitatingly, I say yes. Is it still fit for purpose? Reluctantly, I say, without reform, no.

Let me offer hope. As a Defence Minister I regularly represented the United Kingdom at the Organisation for the Prohibition of Chemical Weapons, which is headquartered in The Hague. It has 193 members and an annual Conference of the States Parties with equal voting rights. An executive council of 41 member states is appointed by the annual conference for a two-year term and a technical secretariat delivers the activities mandated by the executive council. There are no vetoes.

Since 2018, the OPCW has been led by an able and courageous director-general, Fernando Arias. The UK is an important and influential member, the support of the FCDO is excellent and the contribution of our own ambassador in The Hague and her staff is superb. But here is the important part—this potentially unwieldy organisation is focused, effective and delivers, notwithstanding the presence of a hostile and unco-operative Russia and Syria, at times supported by a minority of other states. What they do not do, because they cannot, is obstruct the work of the OPCW.

In conclusion, I ask my noble friend the Foreign Secretary: does he agree that defence spend is not a soft option but a hard fact of life and that we need a new approach? In relation to NATO, are the strongest diplomatic persuasions being exercised to support NATO’s critical unanimity of purpose under Article 5? In relation to the United Nations, is the visible and, I would say, fatal flaw which I have identified being recognised and the urgent need for reform being acknowledged? Are there lessons perhaps to be learned from the OPCW?

16:28
Baroness Ashton of Upholland Portrait Baroness Ashton of Upholland (Non-Afl)
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My Lords, when I was in office at the EU, I visited the Middle East more than anywhere else. In Sderot in Israel, I was presented with a sculpture of a rose, fashioned from one of the hundreds of Hamas rockets fired regularly at the town, and visited the places where children played underground to keep them safe. Sderot was targeted on 7 October by Hamas terrorists.

On my visits to Gaza, I would often visit a school for deaf children offering education and vocational training to those with an additional disadvantage in a place where children had few opportunities. It now lies in ruins. I am filled with overwhelming sorrow at what is happening and has happened and with shame that we have failed over decades to find a lasting, viable solution.

Meantime, the region risks falling into greater chaos. I am only too aware of the influence and control that Iran exercises in the region. It had been my hope that, after dealing with the nuclear issue, we would move on to tackling the problems that, in Syria, Iraq, Lebanon and Yemen, see Iran exacerbate already deeply troubled states. We need longer-term thinking here. Twenty years from now, will we have curtailed and contained Iran’s influence? What will be the role of the key Arab countries, especially Saudi Arabia, in bringing stability and prosperity to their neighbourhood? I believe there is a need for even greater UK engagement in this area.

Ten years ago, I celebrated with Ukraine the signing of the long-awaited association agreement with the European Union. The country was already in conflict after the taking of Crimea and the invasion of parts of the Donbas, and the hope was for a plan to resolve Russia’s incursion and find a new future closer to Europe. Just before the pandemic took hold, I was in Kyiv in a cold winter. While I was there, hundreds of people were killed by bombs, guns or freezing weather as power stations were targeted in the Donbas. In Kyiv, I was told repeatedly that Ukrainians felt they were alone: left to deal with ongoing aggression by themselves. I worried then that Russia was waiting. Now, after two years of war, many of the people I stood with in Maidan a decade ago are gone.

There is a need for a new broad security architecture that is more than the important continued military engagement and NATO expansion, and which will provide economic and political security well into the decades ahead. In 20 years’ time, what of Russia? Do we need a plan for containment—to write the equivalent of the “long telegram”—and where do UK relations with the European Union fit in strategic terms in that time period?

Many countries, especially in what we call the global South, are no longer prepared to fall into line with our views simply because it is expected, even if the principle in question is one they accept. Discussing Ukraine, one African leader asked when we were going to pay real attention to what was happening on his continent, pointing to the 17 coups in Africa during the last six years and the 18 armed conflicts in 2021 alone.

Old relationships do not always translate into strong links, especially as economies grow and political alliances shift and develop. Their present and future growth depends on diversifying relationships or dumping old ones in favour of new. We need to forge these new relationships.

Too often, we describe crises as coming out of nowhere. Too often, it is because we were not looking hard enough. I learned a long time ago that there is no issue any nation can solve alone; it is in our partnerships and our alliances that we find the strength and resources to tackle problems. Governments need to think in decades, not years: to resolve problems that have taken decades or longer to bubble up and burst; to tackle underlying causes, not just manifestations, as they affect us; to understand the nature of long-term needs and commit to resolving them, and to do so based on democracy, human rights and the rule of law. Those are the values that Britain has been known and respected for across the globe. This is, above all, about our own long-term security and, looking across our world, it cannot wait.

16:33
Lord Stirrup Portrait Lord Stirrup (CB)
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My Lords, it is a great pleasure to follow the noble Baroness, Lady Ashton of Upholland, and to benefit from her considerable personal experience. In recent years, the Government have undertaken two detailed analyses of foreign policy: the 2021 integrated review and the 2023 refresh. It was, and is, difficult to argue with any of the individual propositions made in either document.

The problem, though, is that it can be difficult to discern how the analyses can or should be translated into a strategy for action—into an appropriate balance between ends, ways and means. As the most reverend Primate has observed, the reviews are strong on ends and, to some degree, ways, but weak on balancing these with means.

In such a complex and challenging world, it is inevitable that the UK will need to pursue many objectives and respond to many challenges. For example, it is clear that China represents a major threat to the liberal world order from which we have benefited so much since 1945. It is clear that the stability of the Middle East is as important to us, and as fragile, as it has been over recent decades. It is clear that climate change and the scramble for scarce resources are transforming the Arctic from an area of co-operation to one of contest, as pointed out in a recent report from your Lordships’ International Relations and Defence Committee.

But, for us, the issue of overwhelming significance is the threat posed by Russia. The 2023 refresh was, it seems, inspired largely by a perceived change in circumstance resulting from Putin’s invasion of Ukraine in 2022—but Putin’s war of aggression began in 2014, not 2022. The fact that many people woke up to the implications only two years ago does not make this a new challenge. The 2023 document did, however, make clear at last that

“The most pressing national security and foreign policy priority in the short-to-medium term is to address the threat posed by Russia to European security”.


That is quite right. Protecting this nation must be the UK’s top strategic objective, and Russia is the clear and present danger.

The 2023 refresh also points to the main ways through which we should work towards such an end: deterrence and, if necessary, defence through NATO. But what about means? Here I am afraid the review abandons analysis in favour of soundbites, and this weakness is reinforced by a fundamental misunderstanding in the supporting arguments. The review says:

“In addition to reinforcing the UK’s ability to deter and defend, we must also address the risk that misunderstanding and miscalculation could lead to large-scale military conflict”.


This treats deterrence and miscalculation as separate issues. In reality, they are very closely linked. If deterrence is to be effective, it must leave no doubt in the mind of a potential aggressor about the unacceptable costs of launching any attack. They must be crystal clear about the ability and will of the defender—in this case NATO—to absorb an initial attack and to strike back overwhelmingly. It is a question not of fine balances and narrow margins but of undoubtedly superior capacity.

We should keep this in mind when we consider what the 2023 refresh has to say about means. It talks about recent increases in UK defence expenditure in cash terms, but we all know how little meaning that has in the face of inflation, let alone when set against previous large reductions. On future increases, the Government have said that they aspire to increase defence expenditure to 2.5% of GDP over time and as fiscal and economic circumstances allow. This is like someone muttering about one day taking out adequate insurance while their house burns down around their ears.

If the Foreign Secretary thinks this is somewhat extreme, let me quote his own wise words. He said that

“the lights are absolutely flashing red”

on the global dashboard. He added that

“it is hard to think of a time when there has been so much danger and insecurity and instability in the world”.

That is spot on. But does he really think that a vague aspiration to increase defence expenditure to a level still far below where it stood as recently as 2010 is an adequate response to such a dire, but undoubtedly accurate, analysis?

The Economist recently said that European leaders, including in the UK, need to raise defence spending to

“a level not seen in decades, restructuring … arms industries and preparing for a possible war”.

It concluded that this work had “barely begun”. I look to both sides of the Chamber when I say that we had better get on with it before it is too late.

16:39
Lord Howell of Guildford Portrait Lord Howell of Guildford (Con)
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My Lords, after these wise speeches, with more no doubt to come, what can one say in five minutes about the boiling turmoil of the world today and the crises and pessimism with which it is riddled? In particular, what can one say that is at all optimistic about this scene? One positive and optimistic note that I strike straightaway is the excellent handling of these dangerous problems by our Foreign Secretary. My noble friend has kept us, and your Lordships in particular, continuously well informed, and all I can say to him is that that is very much appreciated.

Many of these current situations—Gaza, Ukraine, Afghanistan and all the rest—are deep-seated with long histories, but all are vastly intensified, amplified and indeed enabled by communications technology and now, with the onset of AI, being further twisted with deepfakes and massive and poisoning disinformation that is calculated to inflame. The result we can all see clearly, even if often we are not so clear about the deeper causes. I say in parenthesis that, if a Labour Government are to take over, I hope they have on board a real Ernie Bevin who understands the fundamental realities of the modern situation.

Trust and mutual respect have dwindled. Polarised abuse has taken centre stage internationally, as well as, of course, internally within our own society. Deliberative diplomacy has been pushed aside, killing the areas of compromise and the middle ground on which international cliff-edge crises in the past have usually been resolved. As I noticed the noble Lord, Lord Kerr, observe the other day, we are seeing the collapse of the international rule of law before our eyes. My noble friend the Foreign Secretary has more than once made the strong point that all the democracies and responsible nations of the world, which are directly endangered by current world crises, should step up much more strongly to the plate and work together, rather than leaving all the heavy lifting to us and the Americans.

The UN was founded by our forefathers in 1946 but in entirely different global conditions from anything that we face today, so the question that we must address now is: what new structures, independent forces and alliances of the like-minded should we be beginning to think about building anew on, or even replacing, the post-war global architecture of the last century? How, for instance, do we give the UN new life and effectiveness, or do we just shrug our shoulders and instead develop multipolar forums and overlapping alliances with the new Asia and the new Africa—at least as long as the UN, despite its excellent agencies, remains paralysed by Russian and Chinese domination, as my noble friend Lady Goldie was reminding us just now?

Do we place the 56-nation Commonwealth, the largest association of like-minded people in the world, which is still growing, nearer to the centre of our own national strategy by looking at our common security concerns and remembering that its members are with us in the common values that we treasure? Do we replace the Bretton Woods aims and begin serious reform of today’s western digital capitalism, which the younger generation dislike and feel is utterly unfair and of no benefit to them—or so poll after poll tells us?

Should we work out a cleverer China approach of containment or modernise the outdated UK-US special relationship, which is absurdly out of date? Do we devise a new pan-European security system and further restructure NATO in the age of hybrid wars, now that a possible Trump Administration are going to turn America away from NATO altogether?

There are currently no answers to any of these concerns and almost no sign of any common ground on which they could be pursued. The wise American Francis Fukuyama may not have been correct about the end of history—it certainly has not ended—but when he says that people have not yet woken to the magnitude of what is happening, or about to happen, to humankind as a direct result of the communications and connectivity revolutions, he is dead right. Perhaps this is one area in which our nation, and our foreign policy thinking, really can begin to take an enlightened lead.

16:44
Lord Boateng Portrait Lord Boateng (Lab)
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My Lords, the Minister, in his characteristically powerful speech, reminded us of the importance of the UK championing the flourishing of democracy. The noble Lord, Lord Howell, reminded us of the need for us to wake up. We certainly do need to wake up to what is happening to democracy in the Sahel and throughout Africa, and to the danger of democracy and democrats finding themselves on the back foot.

I grew up in the Commonwealth. I grew up in Ghana, in west Africa, in the 1960s. Many of us in here are children of the 1960s, and we know that the 1960s were characterised by global competition between West and East. No continent suffered more from that competition than the African continent. There is a proverb in Africa: when the great elephants fight, it is the grass that suffers. That is certainly what occurred in Africa. During that period between 1960 and 2000, coups in Africa averaged four per year. There have been an estimated 200 successful or attempted coups in Africa since the 1950s.

Until relatively recently, democracy seemed to be flourishing in Africa, and there were more people who were able to cast their vote at the ballot box, and cast it safely, than since the early days of independence. Sadly, that is now in decline. In Mali, there have been two coups, in 2020 and 2021. There have been coups in Guinea, Sudan, Burkina Faso—twice in 2022—Niger in 2023 and Gabon in 2023. The Sahel is threatened with a contagion of coups and Islamist insurgency on a par with nothing we have seen before.

Added to that is the growing destabilising factor of the intervention of Russia in the continent through the Wagner Group, which has reinvented itself in ways that mean, I am afraid, that it is directly linking its commercial interests in mineral extraction with military intervention in order to create the context in which that extraction, to the benefit of Russia, can take place. At the same time, it is selling arms: it is the single biggest supplier of arms in the Sahel as we speak. We have to have a response to that.

For democracy to flourish, there is a need for jobs, an end to instability and an end to hunger. The reality for Africa and Africans is far from that. There is a growing humanitarian crisis. Armed conflicts have worsened human suffering and forced millions to flee: roughly 2.7 million people have been displaced by coups and armed insurgency in the Sahel. I know what it is to be a displaced person; I am for ever grateful to the people and community of Hemel Hempstead who welcomed me, my mother and my sister when we fled the coup in Ghana in 1966. It is no easy thing. Linked to the 2.7 million displaced people are 1.6 million children who are malnourished. Those are last year’s figures, and the most recent indications suggest that over 2 million children are undernourished this year.

We need to have a response to that and it needs, surely, to be one that links support for democracy and civil society, through giving institutions such as the Westminster Foundation for Democracy the capacity to operate on the ground. It means creating jobs through support for the Africa free trade area and expanding in answer to the desire of China and Russia to create more military and naval bases. China now has naval bases in west Africa, as well as east Africa, and Russia is seeking a base in Sudan. We have to have a response to that which is led by military diplomacy, so there has to be an investment in military diplomacy on a scale that we have not seen for very many years.

We have an opportunity, with the reputation that the people of this country have in Africa, to make a difference so that democracy flourishes—because it is seen to provide jobs and security, as well as decent health and well-being for all the citizens in democratic countries.

16:51
Baroness Northover Portrait Baroness Northover (LD)
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My Lords, the noble Lord, Lord Cameron, is used to being on the global stage. He may have just a few months to make a difference now, so what might he and his very able colleague, the noble Lord, Lord Ahmad, focus on? Like the noble Lord, Lord Ahmad, I was a junior Minister in the Administration of the noble Lord, Lord Cameron—so fancy me having this opportunity now.

First and foremost, there is climate change. Perhaps the noble Lord’s main aim here should be to stop the UK going further backwards. We were a world leader; that is not our message now. Then there is the rise of authoritarian and populist regimes, bolstered by misinformation and the undermining of international law. A key actor here is Putin, with his aggression against Ukraine.

Perhaps the greatest contribution the noble Lord, Lord Cameron, can make is to work very closely with European allies. Those European leaders have welcomed him with a sigh of relief and it is Europe that is at most immediate threat. Then the noble Lord could argue for the restoration of the aid budget. However, something tells me that the Budget tomorrow will not restore this and that he would waste his breath here.

Might the noble Lord do more in relations with Africa? He leaves that, perhaps, to Andrew Mitchell, another very able colleague. But why was the UK-African Investment Summit called off? The explanation that there are elections this year and many other events really does not hold water. That was known in advance. We hear that, in the tail end of this Government and with the UK no longer in the EU, leaders simply prioritised elsewhere. Could he comment?

Now I come to an area where I think the noble Lord, Lord Cameron, can make a real difference; I hope that he may already be doing so. Maybe he is breaking away from long-established UK Government positions. This is in relation to the conflict in the Middle East. Does he agree with Oliver McTernan, director of Forward Thinking and a long-standing negotiator in the region, when he says

“despite the terrible events of October 7th and the subsequent Israeli assault on Gaza, we still remain convinced that the Israeli/Palestinian conflict is not an intractable problem … It remains essentially a human problem that can be resolved by … political will”?

In some ways that is self-evident and in some ways a pipe dream, but such a resolution seemed impossible in earlier years in relation to Northern Ireland, and yet it was possible. That was a conflict on which the whole world seemed to have a view, just as they now do on the Middle East. Does the noble Lord agree that what is happening now has to be a turning point for both Israel and the Palestinians? Violence cannot be the solution.

There were so many warnings over the years that here was a tinder box; the area is alight now. Over 30,000 people have been killed, with the largest proportion being women and children. Many others are unaccounted for. The UN speaks of law and order breaking down in Gaza, famine, women and girls at huge risk, and of Rafah being the largest refugee camp in the world, yet nowhere is safe. The Israeli hostages and their families continue to suffer. Attacks have increased in the West Bank, where support for Hamas has increased—the reverse of the Israeli Government’s avowed intention.

The Foreign Secretary himself has called for an investigation into what happened with the deaths associated with the aid convoy, where 80% of those in hospital, according to the UN, had gunshot wounds. The humanitarian situation is catastrophic, and tensions are escalating globally, as well as in our own communities. Does the Foreign Secretary agree that a ceasefire is desperately needed, as the US vice-president, the UN, the WHO and so many others are calling for? From what we have heard from the noble Lord, Lord Ahmad, I think he probably does. Above all, does the Foreign Secretary see that tectonic plates are now shifting, to say that we should not do and say the same as we always have before? He is Foreign Secretary at this key point in history. This may be where he can help make a difference. I look forward to his reply.

16:56
Lord Fowler Portrait Lord Fowler (CB)
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My Lords, I congratulate the noble Lord, Lord Ahmad, on his speech. I also congratulate the noble Lord, Lord Cameron, on his new post, which he is carrying out with absolute excellence.

Today, we have all around us headlines about the need to reduce taxes to make life better for the electorate. Perhaps I can adapt the famous words of President Kennedy: we should think not just about ourselves but also about the needs of other peoples around the world. There is the perilous position of the Palestinians, and there is poverty in Africa and a host of other nations. But I would suggest that what we have to decide is where, today, we can exert the most influence, most quickly, to improve the position. I suggest, at this moment, that this is in Ukraine.

I remember being in Kyiv in the winter of 2013, just before Christmas. In the central square, there was a crowded demonstration of several thousand supporting closer links with western Europe and protesting at the then Government’s refusal to do this in the face of Russian threats. The crowd was enthusiastic but peaceful; there was no hint of violence. Later, when the television cameras had stopped transmitting, the demonstrators who remained were beaten back by riot police and the square cleared. It was the immediate prelude to the Kyiv revolution.

It is fair to say that, since then, the Government of Ukraine have received a great deal of verbal support from other European Governments, including Britain, France and Germany. The question, which has been touched on by a number of speakers—perhaps most of all by the most reverend Primate the Archbishop—is whether the tangible support has matched the rhetoric.

In 2022, the Russians invaded and few of the commentators gave much for Ukraine’s chances. We have now passed the second anniversary of the resistance to that invasion. Thanks to the courage of the armed forces, the determination of the people of Ukraine and the leadership of President Zelensky, Russia has been held back. The question is: for how long? To put it bluntly, Ukraine needs more help, now. Last month, in Germany, President Zelensky made an urgent appeal for more weapons to avoid a “catastrophic” situation in Europe. That was a strong warning; we should listen and, above all, we should respond. Countries such as Britain are giving, but the truth is that we must give more.

I am not a completely uncritical supporter of Margaret Thatcher, as my recent book perhaps shows—she was certainly not a world leader on AIDS. However, I will say that, on her central aim that the Government must pursue a strong defence policy, coupled with insisting on law and order at home, she was absolutely right. I am not so hopelessly optimistic that anything we say in this debate will influence the Budget tomorrow, much of which has, regrettably, already been leaked to the press. Nor do I pretend that spending more on defence is an easy message, as it means scaling back on other projects. But it is the right thing to do and we should pursue it. We cannot afford a further part of Europe to slip under the power of Putin and the Russian Government. Ukraine deserves all our support, and that is what we should volunteer.

17:01
Baroness Morris of Bolton Portrait Baroness Morris of Bolton (Con)
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My Lords, it is a pleasure to follow the noble Lord, Lord Fowler. I was reminded of dragging him and my noble friend Lord Johnson—whom I saw on the steps of the Throne earlier—through the Sinai Desert, with a number of others, into Gaza. We had to go through Rafah, because the Israelis would not let us in through Erez. We arrived very tired and dusty, and the first visit was to a school, which was two containers stacked on top of one another. Some little boys in beautifully whitewashed shirts had learned a song for us: it was “If You’re Happy and You Know It (Clap Your Hands)”. I wonder what has happened to them now.

I thank my noble friend Lord Ahmad for his excellent opening of this debate, and especially for his depth of knowledge and commitment to the Middle East. I declare my interests as set out in the register, especially my positions as Prime Minister’s trade envoy to Kuwait, Jordan and the Occupied Palestinian Territories and president of Medical Aid for Palestinians.

What has happened over the last 151 days, first in Israel and then in Gaza, is nothing short of tragedy. The unconscionable acts of Hamas on 7 October were abhorrent and the train of events that they have unleashed is heartbreaking. The devastation in Gaza is unimaginable, and yet the hostages have not been released and one in 20 Palestinians, mainly women and children, have been killed or injured. In the north of Gaza, which has consistently been denied food, and with few aid trucks able to get through, one in six children under the age of two are now seriously malnourished. This has not been caused by crop failures or drought; as the UN said, this is entirely manmade and, as such, could be immediately reversed.

I would like to pay great tribute to my noble friends the Foreign Secretary and Lord Ahmad. They could not have done more to deliver difficult messages, especially on the access of aid. Where trucks cannot go, we have dropped aid from the air in co-operation with our good friends the Jordanians, and this is more than welcome. But aid dropped from the sky does not always reach those who need it most. What we need is fully trained workers on the ground to help to distribute the aid and to treat the children, but they cannot gain access with the ongoing bombardment.

As of yesterday, 16 children had died of starvation, dehydration and malnutrition. Today, that number will have grown. Children should not be used as a weapon of war. I agree with my noble and very good friend Lord Ahmad that the fighting must stop, and it has to stop now. In a powerful and passionate speech which says everything, and which was delivered at the Cairo summit for peace on 21 October last year, His Majesty King Abdullah II of Jordan said:

“This conflict did not start two weeks ago, and it will not stop if we continue down this blood-soaked path. We know all too well that it will only lead to more of the same—a zero-sum game of death and destruction, of hatred and hopelessness played on repeat”.


The only hope of preventing the seeds of future hatred growing is a two-state solution. In a speech last October to your Lordships, I said that I had always hoped that the path to peace might be through the Arab peace initiative and that one day it might be picked up, dusted down and given new purpose. Among all this heartache, I was delighted to read that serious work was being undertaken by the Arab states, led by Saudi Arabia, to forge a path to peace. I very much hope the UK Government will give any such initiative their full support and that we will help in any way we can.

Of course, we are able to make the first step towards a two-state solution, and that is recognition of Palestine. I welcome my noble friend’s statement on this. My noble friend Lord Soames and I called for recognition in 2011, when the World Bank, the IMF, the UN and the EU had all said that Palestine was ready for statehood. When President Obama promised that Palestine would be a new member of the UN, we endorsed that promise. We missed the opportunity to change the course of history then—we can do better now.

17:07
Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
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My Lords, few have done more over such a sustained period to promote peace and reconciliation in the Middle East than the noble Baroness, Lady Morris of Bolton, and it is a great pleasure to follow her.

In my remarks, I want to mention the new axis of authoritarian dictatorships and their proxies, the danger posed by isolationism, and accountability and the rule of law. For the purposes of transparency, and as it was mentioned earlier by the noble Lord, Lord Ahmad, I should note that I am sanctioned by China and Iran.

On this day in 1946, in Missouri, Winston Churchill gave his famous “Sinews of Peace” Iron Curtain speech, in which he talked about,

“a solemn moment for the American democracy”,

warning that Hitler’s Nazism would inevitably reappear in

“the designs of wicked men or the aggressive urge of mighty states”.

Here they are—an alliance of dictators and authoritarians —in Xi’s Communist China, Putin’s Kremlin, Iran’s apocalyptic mullahs and their many imitators, from North Korea to Belarus. Then there are terrorist proxies, such as Hamas, Hezbollah and the Houthis, combining a toxic mix of ideologies and criminality.

China commits ethnic genocide in Xinjiang, with impunity destroys democracy in Hong Kong, and threatens a blockade of Taiwan, which would devastate the world’s economy. It persecutes, imprisons and oppresses. Foolishly, we have allowed the CCP to penetrate our markets with slave-made goods. Foolishly, we have allowed it to fill the void in the global South, including Commonwealth countries, with their $1 trillion belt and road programme, leaving indebted nations hostage to China’s strategic hegemonic interests, hostile and inimical to those of the free world.

China has happily watched Putin invade a sovereign nation, degrade its munitions and threaten the use of nuclear weapons, as he has sacrificed Russia’s place as a great power, as political opponents die in prison and as an ICC arrest warrant is issued against him. Putin’s quartermasters are Iran and North Korea—North Korea, which executes a young man for watching a South Korean movie, and Iran, where a young woman, Mahsa Amini, is jailed and then dies after being accused of failing to wear clothes approved by the morality police. This is the axis of despots and dictators who say that they will impose a new world order. The year 2024 feels dangerous, uncertain and unpredictable.

As in 1946, we must counter this through strengthened alliances and by combating isolationism—including through NATO and AUKUS, as we have heard. While it is heartening to see the accession of Finland and Sweden to NATO, it is depressing to hear Donald Trump with his threats and his isolationist talk of leaving NATO. He should remember that isolationism did not stop the Japanese attacking Pearl Harbour, and that Article 5 binds the other 31 NATO members to support America in the not inconceivable event of it being attacked.

America needs to be fully engaged not just in NATO but in the United Nations—in combating, exposing and reforming the UN. That institution’s organisations and agencies—from the discredited UN Human Rights Council to the manipulated WHO and subverted UNWRA —are all in need of new leadership.

The UN’s pathetic response to Alexei Navalny’s death —suggesting the Kremlin impartially investigate itself—defies reason and leaves it looking incompetent and corrupt. In the case of the Hamas attacks on Israel, it initially proved itself incapable of an unbiased outright condemnation. Where were the blue helmets as 600,000 were killed in Tigray while the world looked away? Now, thousands are dead in Darfur and Sudan, with 9 million people displaced, adding to the 114 million people displaced worldwide.

To tackle root causes of displacement will need the equivalent of the post-war Marshall aid programme through which the US, with extraordinary generosity, transferred $173 billion in today’s money to the reconstruction of western European economies. The 1940s was also a time when we built new alliances based on the rule of law, with lawyers like Raphael Lemkin framing the genocide convention, and others writing the Universal Declaration of Human Rights. It was when Churchill advocated for the creation of the Council of Europe and the European Convention on Human Rights. Their endeavours led to the Nuremburg tribunal, and later to the Rome statute and the creation of the International Criminal Court.

I hope that when he comes to reply, the Foreign Secretary will tell us how, in our generation, we will ensure a tribunal is established to prosecute the crime of aggression in Ukraine. What will we do to preserve the evidence and ensure prosecution for the crimes committed by ISIS against Yazidis and others in Iraq? What will be done to bring to justice those responsible for the genocides in Darfur, Xinjiang and Burma, and crimes against humanity in Nigeria and Tigray? In too many places, impunity has become the norm and justice is the exception. We must take urgent steps to reassert the primacy of the rule of law and demonstrate to the axis of dictators that they will be deterred and held to account.

17:12
Baroness Meyer Portrait Baroness Meyer (Con)
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My Lords, it is an honour to follow my noble friend Lord Alton of Liverpool. In today’s world, it is difficult to separate the domestic from the external, and the economic from the political. We have seen this in many crucial issues, such as climate change, immigration, free trade agreements, and, of course, Brexit, to name a few.

Brexit was about what kind of relationship with continental Europe best serves our national interest, but this debate has been going on for at least 1,000 years. What has changed since then is that the national interest is equally abroad as it is at home. The dilemma today is what to do when the security and prosperity of our citizens clash. What should we do when the Chinese Government invest in key British infrastructure and in our universities? Should the economic argument override security concerns? What about human rights? China has been suppressing democracy in Hong Kong, trying to eliminate the Uighurs, and supports Russia’s invasion of Ukraine, yet it is our fifth-largest trading partner. How do we reconcile the idealism of how we would like the world to be with the realism of how we find it?

In March 2021 the Government published a sweeping review of their foreign, defence, development and security policies. It named Russia as

“the most acute physical threat to our security”.

Several months later, Russia invaded Ukraine. In response, an updated version of the integrated review was published in 2023 stressing the need to build economic and military resilience.

Far from ending, as Francis Fukuyama proudly predicted in 1989, history is back—and with a vengeance. It is far worse than a return to the Cold War. In those days, it was a regulated conflict; it was the politics of détente, with far less economic interdependence. Today the world appears to belong increasingly to dictators.

Russia and China argue that their brand of authoritarian government allows them to act decisively while their democratic rivals debate, dither and fail to deliver on their promises. There is some truth in this. Organisations founded after the Second World War under US leadership—the UN, NATO, the IMF, the WTO and even the EU—have lost their way, while the United States is taking an increasingly isolationist stance. But because our relationship with the United States is based on both countries’ national interests, as an independent country we will have the opportunity to play an important role, whoever wins the United States presidency. Since leaving the EU, we have not forfeited our global leadership opportunities. We have hosted COP 26 and the G7 summit, played a crucial role in AUKUS, become a CPTPP member and led the way in responding to Russia’s aggression in Ukraine. We may no longer be the superpower we once were, but we can still help shape history.

Does my noble friend the Foreign Secretary not agree that we must first regain our confidence, stop apologising about our past and stop bickering about Brexit? We should instead focus on what we have excelled at for centuries—pragmatism, wisdom and a strong sense of purpose—and use our diplomatic might to work towards a workable peace.

17:17
Lord Hain Portrait Lord Hain (Lab)
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My Lords, after the Hamas terror of 7 October and the Netanyahu Gaza horror since, I will speak frankly as a former UK Middle East Minister and Secretary of State for Northern Ireland.

First, Israel is not going to destroy Hamas, as its leaders promise—not even by destroying Gaza. Although Israel has seriously damaged Hamas militarily, it is a movement and an ideology that, in many respects, Israel helped promote. Its right-wing Governments thwarted serious negotiations with Yasser Arafat’s more moderate Fatah after Bill Clinton’s Camp David summit in 2000. They also oppressed Gaza residents, imposing a state of siege. Surely, after Israeli bombing kills their relatives and destroys their schools and communities, Gaza teenagers will resist even more, and be recruited even more easily by Hamas and jihadism. As Britain’s troubled history in Northern Ireland vividly demonstrates, if politics does not work, violence and extremism always fill the vacuum.

Remember also that British Governments refused for decades to negotiate with the IRA because of its terrorist outrages. When they finally did so, the 1998 Good Friday agreement happened, supported by a US President, a UK Prime Minister, a UK Foreign Secretary and an EU President.

The notion, also peddled by leaders of the global North, that only negotiations with a discredited West Bank Palestinian leadership can be countenanced will not work. Nor will Netanyahu’s recently reported plan for Gaza to be run by Israeli-approved administrators without links to either the Palestinian Authority or Hamas. There is a salutary history of trying and failing to promote favoured candidates on peoples who are demanding self-determination to choose their own. Like it or not, Hamas will have to be included in some way, as indeed they are now in the Egypt-based negotiations.

In the end, the solution has to be political. Palestinians of whatever political stripe cannot defeat Israel militarily; nor can Israel defeat Palestinians militarily. As Jonathan Powell, Tony Blair’s chief of staff, wrote compellingly in his book, Talking to Terrorists, such conflicts can be resolved only by negotiation. By the way, Arafat had previously been labelled a terrorist with whom Israel would never deal, as also had Nelson Mandela by apartheid’s rulers.

Yet Israel’s right-wing leaders have been hell-bent on turning Palestinian territories into occupied dependencies. The West Bank—small islands of which are nominally administered by Fatah but in practice controlled by Israel—now contains half a million Israeli settlers, and east Jerusalem nearly a quarter of a million. UK Ministers wring their hands, pointing out that such settlements are illegal—but do nothing.

Where has all this got Israel? It is not more but less secure, as the 7 October pogrom palpably demonstrated. Yet the flat rejection of a two-state solution by Netanyahu means permanent Israeli domination, with escalating violence and regional instability. I suggest to the Foreign Secretary that, beyond the current talks, he supports a regional summit involving Israel, Egypt, Saudi Arabia and, yes, Iran too, along with Jordan, Qatar and the UAE. There will be no stability in the region unless all parties are included.

Many in the global South are contemptuous of what they see as profound double standards by global North leaders, including the UK, who quite rightly want backing for Ukrainian self-determination but are complicit in the denial of Palestinian self-determination and culpable in the Gaza horror. The geopolitical breach with the global South is deepening and will cost Washington, London and Brussels dearly in an increasingly turbulent world. Meanwhile, I remain a friend to both Israelis and Palestinians. That is no sell-out of either, but a recognition that they share a future together or they share no future at all worth having.

17:22
Baroness Suttie Portrait Baroness Suttie (LD)
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My Lords, it is always a pleasure to follow the noble Lord, Lord Hain, with all his experience.

I have five minutes in which to make two points about a part of the world that has not yet been discussed in this debate. My first point is about central Asia, where I believe that increased investment in soft power now could make a real difference. There is a clear appetite there for greater engagement from the United Kingdom. I refer noble Lords to my interests in the register: my work in central Asia since 2017 and, more recently, as a trustee of the John Smith Trust. I believe the UK should be both a reliable long-term partner and a critical friend to central Asia. Geopolitically it is an important region, with a young and dynamic population. For example, more than 60% of Uzbekistan’s well-educated population are under 30 years old. Younger people in central Asia want an alternative to both Moscow and Beijing. They want greater access to our English language and our universities. They want to strengthen their civil society and free media. The Minister will also probably know that, currently, many Uzbek workers help every autumn with our cherry harvest in Kent.

People I speak to in central Asia would also like greater assistance in establishing a genuinely independent judiciary and modern legal structures. These would assist in the fight against corruption and help to embed reforms. I know that many in Kyrgyzstan in particular would welcome this.

We should learn from the lessons of the recent past and from some of our mistakes in the region. After the break-up of the Soviet Union in 1991, Putin and the current Russian leadership were able to adopt a pick and mix of unregulated free market economy with pretend so-called managed democracy, without ever allowing genuinely democratic structures and the rule of law to take hold.

Our soft power influence is absolutely key, through the BBC World Service as well as leadership and critical-thinking programmes such as the John Smith Trust and the British Council. For example, having a British Council staff member in the British embassy in Bishkek, Kyrgyzstan, would make a very real difference very quickly. As I understand it, Kyrgyzstan has just chosen to invest in a 30-year contract with Cambridge University Press for its core school textbooks—we should celebrate that. The Foreign Secretary clearly has many calls on his time, but I strongly recommend a visit to central Asia.

My second point is one that has been mentioned already by many other noble Lords. This is a critical year for Ukraine, especially in the context of the elections in the United States. The series of additional sanctions announced by the Foreign Secretary two weeks ago are very welcome, but we now have to do so much more to inflict real and meaningful damage on the Russian war economy, and I hope that we will continue to work with our G7 and European partners to that effect. Last week, I was at an event in Canterbury with many Ukrainians who asked me whether it was right to continue to provide enough so that Ukraine does not lose but not enough for it to win. I ask the Foreign Secretary the same question.

Putin cannot be allowed to win—that view is shared by all mainstream political parties in the UK. No country should ever have the right to declare that another sovereign country does not have the right to exist. Putin’s world view is based on a distortion of the truth, a reinterpretation of history, populism, authoritarianism and the accumulation of his own personal wealth. It has been hugely convenient for him to use the truly awful wars happening now in Sudan and the Middle East to stir up feelings of resentment against Ukraine in the global South. Just because Putin might not be directly responsible for those other awful wars does not mean that he has not been indirectly involved.

More or less exactly a year ago, I was working in Khartoum, Sudan, just before the dreadful civil war started there. The presence of Russian Wagner mercenaries was clear for all to see; they have caused untold misery for the people of Sudan, so many of whom are now living abroad as refugees. President Zelensky is right to say that this is not just Ukraine’s war; it is now a war against authoritarianism and in favour of the international values of justice, freedom and the rule of law. We must keep supporting Ukraine in this war, however long it takes.

17:27
Lord Polak Portrait Lord Polak (Con)
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It is a pleasure to follow the noble Baroness, Lady Suttie. I refer the House to my registered interests as president of Conservative Friends of Israel and director of the UK Abraham Accords Group.

Some three months ago, my noble friend the Foreign Secretary said:

“If we leave Hamas in charge of even a part of Gaza, there will never be a two-state solution because you can’t expect Israel to live next to a group of people that want to do October 7 all over again”.


I would be grateful if he can confirm that this continues to be his position and that of His Majesty’s Government. In asking my questions, I would like him, if possible, to comment on the deeply worrying FCDO seminar that took place last Wednesday, 28 February—“Israel/Gaza: What Next for Hamas?”—with 100 people, including speakers who were clearly at odds with government policy.

Of the five points that are paramount in achieving regional peace, I will highlight three. First, no ceasefire can be achieved until all hostages are released. Like other noble Lords, especially the Foreign Secretary and my noble friend Lord Ahmad, I have spent time with the families of hostages both in Israel and here in the UK. We recoil in horror at the witnesses’ testimony about those held hostage, especially the plight of the young women of the tunnels, who are subject to unspeakable horrors as sex slaves—they must all come home. Having returned from two recent visits to the region—one to the UAE and Bahrain and the other to Israel—it seems to me that the Abraham accords represent a beacon of hope; they have shown promise, but their full potential remains untapped.

Less than one month before 7 October, on 14 September, I initiated a debate on the third anniversary of the Abraham accords. I asked His Majesty’s Government what role they were playing in the accords:

“What proactive steps are we taking”?—[Official Report, 14/9/23; col. GC 215.]


What conversations are we having with Arab states? I asked how many officials in the FCDO were engaged in the Abraham accords activities. I say to my noble friends the Foreign Secretary and the Minister for the Middle East that we really have to do better.

On 15 January, I paid tribute to the Kingdom of Bahrain for playing an important role in the coalition against the Houthis in the Red Sea. The security and stability of the Red Sea are vital for the UK and all our global allies. Last weekend, the UK-registered carrier the “Rubymar” was sunk off the coast of Yemen by Houthi terrorists who have vowed to continue to target UK shipping. The Houthis’ deputy foreign minister, Hussein al-Ezzi, said:

“Yemen will continue to sink more British ships, and any repercussions or other damages will be added to Britain’s bill”.


A very short distance from Yemen’s violent and chaotic coast lies Somaliland. Somaliland has 850 kilometres of Red Sea coastline with no piracy; this can be attributed to the pro-western democracy that is Somaliland. On 1 January, Ethiopia, a key partner of the UK, signed an MoU with Somaliland, in which Ethiopia formally recognises Somaliland in return for it giving Ethiopia naval and commercial access to the Red Sea. This has been ratified by the Ethiopian parliament and other prominent African nations are seriously discussing this. I urge my noble friend the Foreign Secretary to look at these positive developments with a sense of urgency.

The energy that my noble friend the Foreign Secretary has put into the areas of foreign policy in Ukraine, the Middle East and beyond has been abundantly clear. It is a dangerous world, as we have all heard, being made more dangerous every day by the actions of the regime of Tehran and its proxies—whether Hamas, Hezbollah or the Houthis. But there appears to be an opportunity for the UK to play a significant role in the Horn of Africa. My noble friend the Foreign Secretary has a unique role, after hosting the global Somali conference in 2014. The UK is also the penholder at the UN on Somalia and Somaliland and is therefore perfectly positioned to take the lead.

Putting Somalia back together has not worked. The world has changed and has moved on since our “one Somalia” policy, born in 1961. It is time our policy changes too. I hope my noble friend the Foreign Secretary will find the time to recognise and uphold Somaliland’s contributions to regional stability and security, ensuring that its vital role is not overlooked or undervalued.

17:32
Lord Young of Old Windsor Portrait Lord Young of Old Windsor (CB)
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My Lords, next Monday, we mark Commonwealth Day, and we look ahead to the biennial Commonwealth Heads of Government Meeting in Samoa this October.

It is no secret that the Commonwealth is an organisation that was close to the heart of Her late Majesty the Queen, as indeed it is to her son, now our King, both of whom I was privileged to accompany to many Commonwealth Heads of Government Meetings over the years in my role as private secretary. The late Queen put it in a typically enigmatic way when she said:

“It is easy enough to define what the Commonwealth is not. Indeed this is quite a popular pastime”.


None the less, I will make two brief comments about the UK’s present relationship with the Commonwealth.

First, I believe Samoa represents a great opportunity for the Commonwealth to rekindle its sense of purpose, and the UK can play an important role in assisting with that. The fact that world leaders will gather in October in this Polynesian island country is a fitting illustration of the geopolitical importance of the Commonwealth, not least as we contemplate a growing Indo-Pacific focus. One country that has certainly got this message is China. Beijing has reportedly invested more than £685 billion across 42 Commonwealth member states since 2005, and many of your Lordships will have seen first-hand evidence of major Chinese infrastructure projects when visiting Commonwealth countries.

There is much that the UK can do in the run-up to Samoa to influence the Commonwealth’s future trajectory, including in the areas of intra-Commonwealth trade and investment; tackling climate change and biodiversity; youth opportunity and education; and promoting our shared democratic values.

There is a huge inherent opportunity in an organisation which can tap into the ingenuity and imagination of a third of the world’s population, including 1.5 billion people under 30. It is the global strategic equivalent of sending a space probe to Pluto powered just by two Duracell batteries, using the gravitational force of the planets to slingshot us on our way. I detect an increasing appetite within Commonwealth countries for fresh and equitable relationships, which in the long run improve us all. It is an opportunity too good to ignore.

Secondly, I know I am not alone in my concern about the current status of the Commonwealth Games. We all know that these “friendly games” have the benefit of being less commercial than other international contests, give non-Olympic sports such as netball a place on the world stage, and allow smaller countries, including the UK’s home nations, a chance to get their athletes on the scene. In the immediate term, I hope the United Kingdom is doing all it can to encourage the Commonwealth Games Federation to work out a viable resolution for 2026 and 2030. For the longer term, perhaps now is the time to start exploring fresh ideas for the staging of the Games, perhaps—as has happened recently with other contests—different countries, cities or states holding different sporting events during a given year.

We often say of institutions in this country: “If it didn’t exist, we wouldn’t invent it”. With the Commonwealth, it is the other way round. It is an institution you would love to have if it did not exist, but I fear we are somehow in danger of taking it for granted.

I have first-hand personal experience of the Foreign Secretary’s long-standing commitment to and interest in matters relating to the Commonwealth, which are shared by the noble Lord, Lord Ahmad. But I hope we can receive some reassurance today that they will ensure that the “C” in FCDO continues to carry as much weight as the “F” and the “D”.

17:37
Lord Bishop of Leeds Portrait The Lord Bishop of Leeds
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My Lords, it is a great pleasure to follow the noble Lord, Lord Young. I endorse the comments made by many speakers about the great respect that we have for the noble Lords, Lord Cameron and Lord Ahmad. I note that it is not only the anniversary of the Fulton speech by Winston Churchill but the 71st anniversary of the death of Stalin—even tyrants are mortal.

Foreign policy is domestic policy, and vice versa. What happens in Gaza hits the streets of Leeds; what happens in Kashmir directly affects attitudes and events in Bradford. It is impossible to put foreign and domestic policies in separate compartments, which is why it is vital that the UK does not create a credibility gap when thinking that what we do in London is not noticed beyond these islands.

In the last 10 years, we have seen the absurdity of speaking of our neighbours as if they could not understand us—I witnessed Brexit—and of demanding adherence by Russia, China, Sudan and so on to the rule of law while being ready in this place to drop commitments made by us. I think that three Bills now have come to this House with a cover note saying that the Secretary of State cannot guarantee that our obligations under human rights legislation, for example, are being met. This country has achieved a credibility over decades, especially in the 80 years since the end of World War II, for honest diplomacy and pragmatic integrity. What takes decades to create can disappear in days when that integrity, or at least reputation for integrity, is compromised or questioned.

As this debate will be wide-ranging and the time limit is short, I will focus briefly on three points: security, strife and Sudan. First, national security is achievable only if and when our neighbours are also sure of their security, which is why the absence of a Palestinian state remains a bleeding wound. Equally, any achievable peace in the Middle East depends on Israel also being secure. This must be resolved diplomatically and politically, not militarily or by terrorism. The current conflict will sow the seeds of the next five generations of violence and vengeance. Our response to it matters more than ever.

Secondly, the integrated review refresh of 2023 moved us from the language of:

“Global Britain in a Competitive Age”


to

“a more contested and volatile world”.

This is too tame: the world, wherever you look, is now conflictual. It has taken only three years to shift from competitive to contested to conflictual. Policy decisions that are made now must consider long-term aims but be capable of sustained investment, not purely reactive to the immediate. Ukraine might look different now and Russia might be behaving differently if Putin’s aggression in 2014, despite many warnings, had been met with more than a shrug.

Finally, Sudan: it is symptomatic of an age dominated by audio-visual news cycles that the latest conflict takes the headlines. This means that immense suffering falls off our radar too easily. My diocese has been closely linked with Sudan for nearly half a century. The collapse into civil war is appalling. More people, estimated to be between 9 million and 11 million, have been displaced here than anywhere else on the planet. Not only are we witnessing genocide in Darfur again but the whole country now faces extreme famine. Even at the basic level of self-interest, we cannot complain about large-scale migration to the shores of England and other European countries if we do not work with partners collectively to address the fundamental causes of this migration. These are usually climate change, conflict and cruelty, but global crises demand global responses.

I urge the Government to invest more in stopping the drivers of conflict and insecurity in the first place, prioritising conflict prevention rather than resolution alone.

17:42
Baroness Deech Portrait Baroness Deech (CB)
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My Lords, if Hamas released the hostages and came out from hiding in the tunnels, the immediate crisis would end. The world is concentrating on Gaza, and the need for humanitarian aid is the basis for the urgent calls from the United Nations Relief and Works Agency for more funding. But the solution to the Israel-Palestine issue is not being progressed.

UNRWA is the problem, not the solution. It has not resettled a single person since 1948, whereas the United Nations High Commissioner for Refugees, with fewer personnel and far less funding, has resettled 50 million people. UNRWA’s mission is not to help people but to perpetuate a political conflict—that is, to keep the so-called refugees in a state of misery until they can return to Israeli territory. That would mean the destruction of Israel and the obliteration of its 7 million Jews. On Holocaust Remembrance Day, we say “never again”. The Hamas invasion of 7 October was, to Hamas, a foretaste of its declared aim to remove those 7 million.

The only way to resettle refugees and bring peace is to treat Palestinians like all the other refugees in the world. As with millions of others post war, there was upheaval and new national boundaries. They cannot return any more than Jews can return to their former homes in Syria, Iraq and elsewhere. The host countries where the refugees are resident must take over their care, resettlement and full civil liberties, just as every other civilised country does eventually with displaced persons.

UNRWA should be abolished, leaving aid for the many other organisations operating in Gaza. Unfortunately, the iniquitous effects that UNRWA has created will last. That is the poisoning of the mind of future generations in the way that it has taught Palestinian children to hate, to believe lies about Israel and to believe that they can return there through violence. It has given make-believe employment to thousands of Palestinians. It continues the myth that there are millions of Palestinian refugees, when in fact they are not Palestinian and not refugees. It is a bottomless pit into which countries pour money—not only with no return, but money that has been used to murder and take hostage and starve ordinary Palestinians of the necessaries of life.

It is noteworthy that the rich Arab countries that surround Israel do not reach out to support their Palestinian neighbours. The major donors are the US, followed by Germany and then the UK. Where have the millions—indeed, billions—of dollars gone? They have gone directly to Hamas to build tunnels, secure armaments and keep Hamas leaders in luxury. The ordinary poverty-stricken Palestinian has seen none of it, and the state donors are curiously reluctant to follow through to see where their dollars are going. By funding UNRWA, the international community has freed Hamas to spend on terror rather than health and education. UNRWA has no financial control and no audit; it suffers from mismanagement, sexual misconduct and nepotism. Support for UNRWA contradicts the UK’s policy of a peaceful two-state solution.

UNRWA employees were undoubtedly involved in the horrific attacks on Israel on 7 October; some were members of Hamas or Islamic Jihad. At least another 1,000 UNRWA employees have ties with Hamas. Even more of them have praised the 7 October attacks, expressed anti-Semitism and praised terrorism.

What should be done? The UN refugee agency should take over the settlement of Palestinians in the countries where they live, and the right of return should be abandoned. The millions who live in Syria, Lebanon, Egypt and elsewhere should have citizenship and full rights in those countries, as would be the case for refugees in any other country of refuge. They are not refugees in any case, being neither born in nor driven out of the land of their birth.

Will the Minister accept that the continued existence of UNRWA fuels terrorism, twists the minds of future generations and perpetuates the refugee illusion, rather than putting an end to it? The end of UNRWA would be the beginning of peace.

17:46
Lord Robathan Portrait Lord Robathan (Con)
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My Lords, it is a genuine pleasure to follow the noble Baroness, Lady Deech; I agree with her about a great many things, including what she has just said. I am also pleased to see my noble friend Lord Cameron, the Foreign Secretary, in his place. It is rather too late for me to welcome him here, but I welcome somebody of his stature representing the United Kingdom abroad.

Perforce, I will be brief. I would like to give the noble and gallant Lord, Lord Stirrup, my support in his dissection of the integrated review refresh of last year. I also say to my noble friend Lady Goldie, who is not in her place, that, as the most reverend Primate the Archbishop knows, there is more rejoicing in heaven over a sinner who repenteth as she has done over defence spending. It is a pity she did not say that when she was a Minister, but I will upbraid her for it in person.

I will touch briefly on three current conflicts; first, Ukraine, about which a great deal has been said. This war in Europe is the most serious for nearly 80 years. The war is a mixture of World War I attrition and 21st-century high-tech drones and the like. I congratulate Boris Johnson—I do not often—who was of course a great school friend of my noble friend the Foreign Secretary. I also congratulate the UK Government on their steadfast support for Ukraine in the last two years, but we must continue to do this and do more. Are we pressing our allies, particularly France, Germany and the United States, to do more? They must do more, not sit on their hands and say, “It is all very good but a bit difficult”. This war affects global security and prosperity. The United States, Europe, Africa and India all need to understand that.

Our munitions have been extremely welcome and invaluable, but now they are totally depleted for our use or Ukraine’s. Is my noble friend pressing for a dramatic increase in industrial production, to move away from the mindset of the peace dividend? My noble friend may say that defence is not his brief, but he will be listened to, and he will know well the dictum of von Clausewitz in “Vom Kriege”, or “On War” for those who do not speak German:

“War is the continuation of policy with other means”—


and for foreign policy with defence, I suggest.

On Gaza and the Middle East, the UK has again been steadfast. It is a dreadful, possibly intractable situation. I cannot think of anybody who is not very concerned, to put it mildly, about the death of many civilians in Gaza, but Hamas could end this war tomorrow if it gave up the hostages and stopped attacking Israel. Perhaps we could then allow for a more peaceful, long-term solution to emerge, probably based on a two-state solution in which Hamas disappears, along with the illegal settlements in the West Bank and some of the ultra-Orthodox pressure on the Government. Perhaps we would get more reasonable—or moderate, shall we say —Governments in both Palestine and Israel.

Finally, on the situation in Yemen with Iran and the Houthis, the prosperity of the world is under threat. It is disappointing to see so few countries defending the shipping routes in the Gulf. My noble friend Lord Ahmad spoke of international responses, but as I understand it, the only response has been from the United States, helped by us with one ship. We need much more than that to defend the shipping lanes in the Gulf.

Moving on, perhaps I may quote a predecessor of my noble friend the Foreign Secretary from some 30 years ago, Lord Hurd, who said that we punch above our weight in foreign affairs, and President Theodore Roosevelt, who said some 100 years ago, in a much better- known quotation:

“Speak softly and carry a big stick”.


We spent the defence peace dividend several times over and we have no big stick left. Our allies know this, and the United States and NATO say it. As I speak, we are reducing our defence in terms of numbers of troops, numbers of ships and numbers of aircraft. I heard the Chancellor of the Exchequer say recently that he wants to dramatically increase defence spending over the next 15 years. That is not good enough; our needs are now.

I support the Conservative Government. I have supported my party. I have been loyal—mostly—through thick and thin over 32 years; quite a lot of it has been rather thin, to be honest. I do not believe that a Government led by the Opposition would do any better, but I say to my noble friend the Foreign Secretary that our interests, our society, our values and our security are all threatened. We must spend more on defence, because the first duty of government is, as always, the defence of the realm.

17:52
Baroness Goudie Portrait Baroness Goudie (Lab)
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My Lords, I thank the noble Lord, Lord Ahmad, for all the work he has done over the last years, in particular just recently, on sexual violence in conflict by visiting countries that many people would be quite afraid to go to in order to negotiate with people and keep this agenda going, and for the other acts he has done to promote women and girls’ education and employment around the world. I do not think many people in this House know the work he has done. He is always there, and if he cannot be, he is on Zoom or something else. He has done magnificent work for this country, and I know that, across the divide, people will give him that support.

With regard to foreign policy, the Government have listed their intention to prioritise building resilience and strengthening security, domestically and abroad. Important progress has been made in recent weeks via the Windsor Framework and with the Irish Parliament. I remind the Government to respond to the findings of the inquiry into regulatory divergence and the Windsor Framework.

The UK holds a prominent position as a leader in soft power. It is important that we leverage this influence to cultivate opportunities for collaboration among nations, sharing our values in pursuit of the common good. We must always keep talking and keep all the doors open. This is often highlighted by the sustainable development goals. Hard power seems to be the name of the game these days, and we can see where that has got us. Rather than succumbing to the allure of strongman policies, we must harness the positive soft power of our culture, values and ideas to forge enduring connections and facilitate dialogue across borders, creating a more peaceful and stable world for us all.

The impact of recent global shocks, including the Covid-19 pandemic, the conflicts in Ukraine and Gaza, and climate-related catastrophes, has led to a concerning decline in the UN Human Development Index for the first time in 38 years. I commend the noble Lord, Lord Cameron, on his pivotal role in fostering consensus around development, particularly by upholding Britain’s commitment to the 0.7% target set by the Labour Government. However, the recent decision by the Government, under the direction of Prime Minister Sunak, to reduce the development target to 0.5% and slash funding from vital aid programmes is deeply concerning. Such actions are counterproductive if our aim is to address vulnerabilities and promote resilience. Instead, we must adopt a long-term approach that addresses vulnerabilities at their roots and reduces our susceptibility to crises and hostile actors.

It is imperative to recognise that women and girls have borne a disproportionate burden of the consequences of past decisions. The intersections of climate change, conflict, and gender inequality highlight the urgent need to meaningfully reinstate development aid before harm occurs. Although there is a growing acknowledgment of the unique vulnerabilities women face in environmental and humanitarian crises, their voices continue to be marginalised in the decision-making process. I ask the Government to continue the approach that no decisions of any type should be made without women at every table.

Conflict exacerbates existing inequalities in societies and breaks down social networks, making women more vulnerable to sexual violence and exploitation. Research shows that, in fragile and conflicted countries, only 44% of women are likely to be in paid work, compared with 66% of men. Globally, women are less likely to have a bank account, to participate in the labour market, to have access to social security or to be entrepreneurs, and they are paid less than men. However, they are more likely to work in informal and vulnerable labour markets, and to undertake unpaid work that is vital for a working economy.

We cannot forget the women of Afghanistan especially, who are subject to a cruel form of gender apartheid. Decisions to bar girls from middle school through to higher education have led to the closure of schools and the erosion of education and opportunities. What will this do to the society of that country, which we hope will one day be at peace and working with us? Movement restrictions and a lack of access to healthcare facilities and legal safeguards have left women at risk of serious harms, especially in maternal and reproductive health, and vulnerable to violence and abuse. Women’s ability to engage in gainful employment outside their homes has been significantly curtailed, which not only undermines their economic independence but contributes to rising poverty rates among Afghan families and to suicide.

When women in emerging settings are held back, the entire process of peacebuilding and reconstruction is jeopardised. Stable economies are paramount to the transition that a country makes from war to peace and can help prevent conflict breaking out in the first place.

I ask the Foreign Secretary to outline the steps being taken to ensure the meaningful inclusion of women in every aspect of decision-making about Britain’s overseas involvement and development spending. Each decision that crosses his desk must be evaluated based on its impact on the empowerment and success of women and girls worldwide. I urge him to consult resources such as the Georgetown Institute for Women, Peace and Security’s index to gain an insight into the pressing needs of women globally. I ask him to support the request from my friend, the most reverend Primate the Archbishop of Canterbury, for more funding for the peace team in the Foreign Office.

17:59
Baroness Neville-Jones Portrait Baroness Neville-Jones (Con)
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My Lords, it is a pleasure to follow the noble Baroness, Lady Goudie. I join others in thanking my noble friend the Foreign Secretary and the ministerial team in the Foreign Office for the impact they are bringing to British foreign policy. We have been asked to keep it short. I want to make just two points.

The first is about the increasingly turbulent and risk-laden era in which we live and which shows no sign of abating—on the contrary. The social and economic disturbance that western societies, and others, are encountering as the result of the major technological revolution we are undergoing is compounded by aggressive challenge from ideological competitors. It has been said, as a result, that we are in a pre-war situation. That description certainly has the effect of waking people up to the dangers of the highly unstable situation we now confront. It also recalls, perhaps with some justice, the folly of delay, producing the inadequate responses which characterised the 1930s.

However, I do not think it wise to talk about a pre-war world. The use of the term pre-war implies that we are on a treadmill to war, but this is the case only if we allow it to happen, and we must not do so. We need to build our defences, increase our capacity to deter our enemies and opponents, and convince them of the seriousness of our purpose and our resolve to prevent war. That is not appeasement; it is the opposite and, as others have said, it involves spending more money on defence now.

That brings me to my second point. In this House, and I think more widely in this country, we understand the supreme importance for our own security of a victorious Ukraine. We know that Russia does not need to succeed in her maximal ambition of controlling the whole of Ukrainian territory to deprive Ukrainians of the integration into the western economy and institutions that they wish and to create an indefinite and not so frozen conflict in the middle of our continent. I cannot imagine much more dangerous than that.

Although I have great respect for the judgment of the noble Lord, Lord Ricketts, I disagree rather strongly with the notion that it would be good to accept a so-called armistice in the middle of Europe. It would demonstrate that we had lost control of events, and we cannot allow that to happen. It would certainly invite third parties to take advantage of our demonstration of weakness—Taiwan springs to mind.

It is good to learn from the press—and I hope it is true—that the Government are discussing with European partners how to aid Ukraine should the American arms package not pass Congress. I would like to take that a little further. I think the time has come when contingency planning could and should go further. I hope the Foreign Secretary will tell me that his department has started to think about what should happen when the war ends. Sadly, that is not going to be soon and, sadly, the longer the war, the more profound the consequences are likely to be.

That is a very good reason for thinking about the consequences. You might say that that is an ex-planner speaking but, if one recalls, during the Second World War—and fortunately we are not in a global war; I trust we will never get there—thinking about where the world was heading that we wanted to create started very early. It is not too soon to think about where we want to be at the end of the war.

There is another reason, which is that if you want to take measures during the course of a war you need to be very clear that as a result you are not going to engage in actions that you will regret subsequently, which, with the wisdom of hindsight, you should have realised would have worked to your disadvantage. The sanction money is a good example. We will need to get how we handle that right so that we are not put in a difficult position when it comes to the end of the conflict. I could cite other examples.

I do not want to take the argument any further and my point, in any case, is a general one. It is not too early to go beyond the slogan of supporting Ukraine whatever it takes—which is what we have been saying—to thinking through what our post-war aims ought to be and how to realise them. It may be argued that disagreement will arise out of this and it is a risky thing to do but I would argue that hiding from an unavoidable agenda would be a bigger mistake.

18:04
Baroness Cox Portrait Baroness Cox (CB)
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My Lords, I try to use the privilege of speaking in your Lordships’ House to be a voice for people whose voices are not often heard. It is with a very heavy heart today that I will speak a little about one of the world’s forgotten, or largely forgotten, crises: Nigeria.

In central Nigeria, millions of people have been displaced by intercommunal violence. The death count has risen to 22,000 in 15 years, with countless others suffering life-changing injuries. Many children cannot go to school and so have no education. Families have been torn apart by insecurity and fear. The crisis is not often reported in our news media, but militias drawn from the Islamist Fulani ethic group—I emphasise that not all Fulani are Islamist—are now very well armed. Their cache of weapons includes automatic weapons, laser sights, machetes, petrol bombs and incendiary chemicals used to burn houses. They have carried out hundreds of attacks on Christian villages.

My small not-for-profit organisation, Humanitarian Aid Relief Trust—HART—has made numerous fact-finding visits to dozens of these villages. I have witnessed first-hand the ruins of homes, farmland, food stores and churches. During my most recent visit, I heard detailed accounts of the deliberate targeting and slaughter of children, a 98 year-old woman being burned alive, and people being hacked by machetes as they ran from rapid gunfire. One survivor, who I will call Beatrice, told me:

“I returned in the morning but everything was burned. I went to my home and saw my mother and siblings butchered and burnt”.


Despite the scale and nature of the killings, victims receive almost no support from the Nigerian Government or the international community. Neither the UK Government nor the US Government have provided adequate humanitarian assistance to central Nigeria; nor has any member of the EU or African Union, or any of the UN relief agencies operating in Nigeria. Aid for Nigeria is directed mainly to the north-east or the north-west of the country, so displaced families across the Middle Belt are often left to fend for themselves. As HART’s local partner, the Reverend Canon Hassan John, told me before today’s debate when I asked him what his views were:

“I can say categorically that none of these villages have received security or humanitarian assistance from the Government of Nigeria, the UK Government or anywhere else. Victims of conflict are forced to rely on aid from local churches or small NGOs, or they receive no aid at all”.


I am told that the FCDO has responded to the crisis with support for a handful of small projects to promote interfaith dialogue. It has also launched the five-year SPRiNG programme to assess the root causes of violence. These are steps in the right direction. However, such a tiptoe response from the UK does not reflect the urgency of the crisis in central Nigeria. The rate of killings, abductions and land grabs is escalating fast. The longer we tolerate these atrocities, the more we embolden the perpetrators; we give them a green light to continue their killings with impunity.

I ask the Minister whether His Majesty’s Government will encourage the Government of Nigeria to respond more effectively to protect the civilians in their own land suffering so horrendously in Nigeria’s Middle Belt region and in other parts of the country too, of which, sadly, I do not have time today to identify the problems.

18:08
Lord Kirkhope of Harrogate Portrait Lord Kirkhope of Harrogate (Con)
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My Lords, nearly three and a half years after the ratification of the trade and co-operation agreement with the EU, we are at a critical juncture. It is a moment for reflection and, more importantly, for constructive engagement between the United Kingdom and the European Union, still our nearest ally and largest trading partner.

The intervening years have, regrettably, been marked by disagreements and a palpable erosion of trust but this trajectory is beginning to change and I commend the Prime Minister for his role in the Windsor Framework agreement. His success exceeded expectations and stands as a testament to what can be accomplished through negotiations marked by sincerity and a willingness to compromise. This framework not only addresses the immediate concerns of the people and businesses of Northern Ireland but safeguards the integrity of our union and the Good Friday agreement while respecting the EU single market. The Windsor Framework allows us to embark upon a new chapter characterised by closer co-operation and renewed trust.

We have already associated with Horizon Europe, the EU’s flagship research programme, and Copernicus, but there is, of course, more to do. I greatly welcomed the refresh of the Government’s integrated review last year. It addressed the Europe-shaped hole of the previous version, reaffirmed the Euro-Atlantic region as the core priority and, significantly, talked openly about the benefits of working with the institutions of Europe.

However, the TCA is not without its shortcomings. Negotiated under time constraints, it necessitated the disentanglement of complex political, economic and legal ties. At its core, it is a free trade agreement, yet it largely omits provisions for services and foreign policy co-operation—areas where there is considerable scope for enhancement, and where we here have much to offer.

The forthcoming review is scheduled for 2025. This period coincides with the renewal or review of key provisions, including those related to data adequacy, fisheries and energy. This is an opportune moment to re-evaluate and enhance our partnership. We must approach this review with ambition, aiming to strengthen co-operation for the mutual benefit of UK and EU businesses and consumers alike. But this co-operation requires realistic and politically viable proposals. Although there are merits in rejoining a customs union or single market, there is currently little willingness on either side for the UK to do so.

Europe and the western world are contending with instability and geopolitical challenges, with Russia’s aggression towards Ukraine serving as a reminder of the critical importance of European unity and co-operation. Yet we have no formal mechanisms for foreign and defence policy co-operation—an obvious gap in the TCA. We really must change this. I also suggest a new framework participation agreement, allowing the UK to engage selectively with EU operations, and maintaining our strategic autonomy while fostering collaboration. Additionally, a strategic partnership agreement, like that between the EU and Canada, would formalise areas of consensus and provide a structured basis for cooperation. Outside the EU, but with European partners, we should expand the UK-led Joint Expeditionary Force to include like-minded nations such as Poland.

Horizon Europe runs until 2027. The successor programme, FP10, is already being discussed in Brussels and capitals in Europe. We have no role in the decision-making process, but that should not stop us working with like-minded EU member states to try to influence that programme.

Regrettably, the Partnership Council has convened only twice since its establishment. Given the dynamic and important nature of our relationship with the EU, more frequent meetings are essential to address emerging issues and find new opportunities for working together.

On trade, our businesses continue to grapple with a plethora of non-tariff barriers, further exacerbated as they now have to deal with 27 jurisdictions. In the services sector, particularly for professionals undertaking short-term work in the EU, the current patchwork of regulations presents significant obstacles. I believe both sides should revisit the TCA to see if we can offer more flexibility, as the current list of activities not requiring a work permit or visa is narrowly drawn.

The forthcoming TCA review should not be merely an administrative exercise but a pivotal opportunity to enhance the UK-EU relationship in a manner that reflects our shared interests and the changing geopolitical landscape. The Conservative European Forum has recently concluded a year-long inquiry into the TCA and our relationship with the EU. Our report, due next week, will set out recommendations aimed at enhancing the economic prosperity and collective security of both the UK and the EU. I will ensure that my noble friend the Foreign Secretary receives a copy and would urge him to pursue our recommendations with our European counterparts.

18:14
Lord Bruce of Bennachie Portrait Lord Bruce of Bennachie (LD)
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My Lords, last week I met a Minister from Ukraine, who told us that North Korea had last month supplied Russia with a million shells while Ukraine had received just a few thousand from its allies. She was displaced from Crimea and wondered whether her young child would grow up in a free Ukraine. She was determined to restore Ukraine’s damaged infrastructure and build resilience, but she wanted to know how we were going to help.

The free world—even Europe by itself—has the capacity to outproduce Russia several times over, yet what are we doing to achieve that? What are the British Government doing to step up our production capacity, and encourage allies to do the same, to meet Ukraine’s immediate needs? At the same time, recent information suggests that components from UK and EU defence equipment are getting to Russia through third countries. What are we doing to stop that happening?

Given the global nature of conflicts today, countries in the global South are assessing the likely outcome and wondering where their interests may lie. I very much appreciate the point made by the noble Lord, Lord Boateng, about Russia’s intervention in Africa. Both Russia and China are actively trying to isolate the free world from Africa. Recent reports reveal that, with the demise of Wagner, the group has been reinvested in the Russian Expeditionary Corps—an agency of the Russian state backed by billions of dollars.

Undemocratic, authoritarian Governments are being offered support to suppress challenges to their power in exchange for mineral rights—in other words, power to suppress democracy. Countries identified include the Central African Republic, Mali, Burkina Faso and Niger, as well as Libya, north of the Sahara. The group is also active in several other countries, and Russia is increasing its influence in South Africa. This strengthens pro-Kremlin support at the UN and extends authoritarian rule and the suppression of democracy. What steps are the UK Government taking to counter this advance and, in particular, to support democracy and poverty reduction-focused development?

Cuts in UK aid to Africa, the DfID/FCO merger and the diversion of funds to the fallout from Afghanistan, Syria and Ukraine mean that the UK has lost influence and trust right across the continent. UK aid to Africa has fallen year on year from a peak of £2,989 million in 2019 to £1,240 million in 2022. That dramatic cut means programmes cancelled, expert aid deliverers sacked, development partners in poor countries left bereft, poverty increased and lives lost. Until this policy switch, we had built up a reputation as reliable partners, in it for the long term, building up relationships and underpinning resilience—all that has been trashed. When I asked him last month about aid in Africa, the Foreign Secretary said that it was being increased, but, as I have just indicated, the increase will not cover a fraction of what has already been lost—and we have to rebuild trust and delivery as well.

It is only too easy for Russia and China to play on the evils of colonialism while offering a modern colonialism of their own. If we are to tackle the challenge of poverty in Africa to realise the continent’s potential for its people, it will be by working with local partners, in the public and private sectors, with sustained, long-term commitment. We have to rebuild trust to know that that is forthcoming. Development possibilities depend on aid, trading and public investment, often building from the grass roots, in countries where the economies depend on millions of small businesses. We need coherent, long-term strategy. I have to challenge the Government and ask whether that is even possible given their record.

More than 500 million people are living in absolute poverty in Africa, yet this is a continent rich in resource and potential. The UK should engage in the exemplary way that it has in the past, not to exploit but to help the people of Africa, especially in countries where there is a legacy of mutual good will, and where Russia and China have not yet got their teeth in quite as deep as they have in other countries, so that those countries can build their own futures of peace and prosperity. This is surely a challenge and a worthy ambition for the UK. What are we doing to achieve it?

18:18
Lord Naseby Portrait Lord Naseby (Con)
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My Lords, I start my contribution by saying a huge thank you to my two colleagues on the Front Bench and their families. The amount of travel they have undertaken, and the commitment they have shown, is an example to all of us, and in particular to some other countries around the world.

Just under a year ago, I brought a big debate to this very Chamber, the title of which was

“Climate change in developing countries”.

That arose from a UN report, the final part of which said that the cash flows to help developing countries cut their emissions must be raised by six times their current levels. I gave a number of examples.

One example I gave was the Falklands and the situation there. I know my noble friend the Foreign Secretary has been there recently. In fact, I read in the Independent that he stated that

“if they can responsibly extract hydrocarbons”—

which is a project called Sea Lion—

“that can be part of that zero because of course we’re still going to need oil and gas in the short term while we transition. I think that’s an important point to make. It’s net zero, not zero”.

So there is this new project, and I hope my noble friend will influence his colleagues in Cabinet to give some moral and sort of financial backing, as final lender if necessary, for that imaginative project.

Secondly, there is the Caribbean, which views with great care and worry the annual hurricane season. I declare an interest: I have family in the Cayman Islands. It is pretty devastating when it hits. My understanding is that we now provide and pay for some special resources to Antigua and Barbuda, Jamaica, and Saint Lucia through a gentleman or woman called the climate adviser. But my question to my noble friend is: why is that not extended to the Cayman Islands, the Turks and Caicos, and Bermuda, which equally suffer from these difficult hurricanes?

I will move on to a country I know probably better than any other. I served there in 1963 for the Reckitt & Colman Group, and I started the all-party parliamentary group. Of course, I refer to Sri Lanka, a country that has faced incredible problems. On the climate side, the tsunami hit Sri Lanka and the Maldives really hard. I remember my wife and I watching it on Boxing Day and, a few days later, we were out there trying to help them deal with that problem. Over 1,000 people were killed on one railway because of the tsunami. Huge numbers were killed.

The country has been through massive difficulties, some of them of their own making and some of them not—but it does not matter: it is an important part of the Commonwealth. I thank our Foreign, Commonwealth and Development Office for the way it has stood by it, questioning it very hard at times. But, underneath, the Sri Lankans know that they are part of the same family.

Two things are happening now. There is the talk—and, more than talk, work being done—on a truth and reconciliation commission. In my judgment, that is to be greatly welcomed. I reflect on the late Sir Desmond de Silva, a great lawyer, as evidence that the quality of lawyer in Sri Lanka is second to none. As it is set up, it will of course be across the ethnic groups—it has to be. There are people there who are thoroughly objective.

There is still one challenge: that country lives by good tourism. It is recovering now, but one element that is missing is those who are 75 and over. They are, on the whole, British citizens. It is the FCDO comments on that country that currently cause me concern because they refer to the fact that protests are going on when they are not. They say that there is a fuel shortage, but there is not and has not been for 18 months. They also say that there are other difficulties of a terrorist nature, which we have not had for five years. So can my noble friend look at that guidance? It helps that particular age group because, at least from surveys that have been done, 80% of it looks at that guidance. Perhaps I could bring a couple of people from the newly set-up Experience Travel Group, which is private sector, to perhaps talk to a junior Minister about amending that.

18:24
Lord Moore of Etchingham Portrait Lord Moore of Etchingham (Non-Afl)
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My Lords, as has been said today, foreign affairs and what happens here are becoming more closely linked. So I hope I will not need to apologise to your Lordships for making a partially domestic plea in this debate. Ten days ago, I was in Kyiv. The mood there is anxious, but the determination is great and there is frustration, which many noble Lords share, that not nearly enough weapons from us, EU countries and above all the United States are reaching Ukraine. The American elections could well prolong this agony until November and even beyond. That is a frighteningly long time. I am afraid there is evidence, particularly in Germany, that some Europeans are taking this delay not as a spur to action but as a cue to hedge their bets.

However, what I also found in Kyiv was that Britain’s reputation still stands high in Ukraine, an impression reinforced by what was reported by the most reverend Primate the Archbishop of Canterbury—I am sorry I did not run into him in the streets of Kyiv. We were the first major country to support Ukraine during the Russian invasion of 2022, and our support remains solid. Ukrainian morale is bolstered by the knowledge that not only our Government but so many British people are active supporters. We lead the world in our charitable and voluntary backing for Ukraine.

Such popular backing is not merely a pleasant extra. In this grim war, morale matters particularly greatly, as does practical and humanitarian help, which goes beyond the supply of weapons. So, as a matter of policy, not just decency, our Government should actively assist the voluntary efforts that so many of our citizens are making. I am sorry to say that this official backing is not, in practice, very warm, although I should say to the Foreign Secretary that I am not referring to his department in this respect.

We fly the Ukrainian flag over our public buildings, but what goes on inside those buildings can be maddeningly obstructive. I will give two examples from campaigns in which I am involved. The first is the supply of vehicles to Ukraine, chiefly 4x4s repurposed as field ambulances. With Mission Ukraine UK, I helped to deliver one such vehicle to the front last summer, and I saw how they can save lives. In these ambulances, the wounded are pulled out of the line and taken to the nearest stabilisation point. Without such transport, many more die. More than half of those vehicles that originate outside Ukraine come from Britain, usually delivered by British volunteers. British number plates are a frequent sight near the front. I have here on my phone—obviously I cannot show all your Lordships—a new picture of a British-plated pickup beside the ravaged town of Avdiivka.

I am delighted to report that, now, after months of prevarication, the Mayor of London has at last backed the proposal of the umbrella group ULEZ for Ukraine. From 18 March, all vehicles destined for scrappage under his controversial ULEZ scheme can, if the owners wish, be handed over to the charity British-Ukrainian Aid. The ULEZ scheme attracts 100 vehicles a day, so it seems a reasonable guess that 3,000 vehicles from it could ultimately end up in Ukraine. Such numbers would represent a breakthrough in a war where the average lifespan of a field ambulance is four to six weeks. As I say, this has been hard work, but there is real progress.

The other task—less far advanced—is boats for Ukraine. Their purpose is to cross the great Dnipro river, and they are at present the only means by which troops and supplies can reach the potential bridgeheads that have been gained and held by Ukrainian forces on the eastern bank in recent months. These little RIBs and dinghies, which the narrow channels require, have been making this almost unprotected passage, reinforcing their comrades and bringing back the wounded—it is one of the bravest things that is happening in this war.

British organisations have been assisting for six months, but, as with the 4x4s, the task requires scale. Before Christmas, some volunteers at Mission Ukraine UK had a brilliantly economical idea. In Dover, they observed, there is a big pound of small boats seized from illegal immigrants as they arrive. “Why not turn this waste to good?” they thought. They know a bit of British history: the small boats should become little ships for Ukraine. This is a resonant scheme and, perhaps as a result, it is being stolidly resisted by the bureaucracy. On 31 January, the Home Office refused a direct request for help. One of its lines is that the boats are not seaworthy, to which comes the simple reply: “We know that. It is our job to make them fit for their task. Please just hand them over and we can do the rest”.

Hundreds of boats and engines are wanted by the Ukrainian Ministry of Defence. Unless the Border Force has secretly destroyed these boats, such numbers are currently idling beneath the white cliffs of Dover. I hope your Lordships will wish to urge the Government that the little ships be released for a last and better voyage.

18:30
Lord Desai Portrait Lord Desai (CB)
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My Lords, it is a great pleasure to welcome the noble Lord, Lord Cameron, to his position as Foreign Secretary. He is a rare example of someone who has been Prime Minister and come back as Foreign Secretary—are we not all lucky? However, I have to warn him that he has landed almost immediately on arrival into a problem created by another Prime Minister who became Foreign Secretary: Lord Balfour. The Israel- Palestine problem, or the Israel-Hamas problem, did not start in October 2023; it started in November 1917, and we still have it. Some here may remember Arthur Koestler, who was a communist and then became an ex-communist and was one of the few people who worked on a kibbutz in the 1920s. He said that:

“One nation solemnly promised to a second nation the country of a third”.


That was very much the message. Before Palestine had fallen from the Ottoman Empire, it was signed over to welcome Jews from all over Europe and America to come and make a nation.

It is a fact—I have been reading lots of books about this—that at no stage did we say that the Palestinians had any claim on the territory where they had been living for several centuries. That is the dilemma: two communities of very ancient origin can claim, truthfully and simultaneously, that it is their country and no one else’s. It has taken 100 years to prove who is right, and neither group is. We have to solve this problem because for a long time, not just since October 2023, there has been a lot of killing and damage done to both communities, carried out with a passion that is quite surprising. Obviously, being an atheist, I blame religion for this. The children of Abraham have quarrelled with each other now for about 2,000 years. After all, anti-Semitism was not invented recently; it was invented by the Christians, and the rest we know.

The events of 7 October, which were on a scale that we had not experienced for a long time, partly showed that Hamas was better prepared than it had been until recently. Given the retaliation by Israel in Gaza and elsewhere, is a two-state solution at all feasible to anticipate when passions are so heightened and so much killing has gone on? Twelve hundred people were captured or killed by Hamas in October while 30,000 Palestinian men, women and children have been killed. That is 25 Palestinians for each Israeli. Things are getting completely out of control. The question for the Foreign Secretary is whether a two-state solution is feasible any longer. Given the very peculiar shape of the partition that was decided by the UN, is it at all likely that a peaceful solution can be implemented and that these two communities will be able to live with each other for even a day longer if a ceasefire happens?

I do not know the answer, but there two outcomes are possible. One is that the territory can belong to only one country, and we have to find another solution for the refugees and people living on the Palestinian side. I am presuming that the Palestinians will lose; I do not desire that, but it is currently the situation. Where would the Palestinians go? There are millions of them to resettle. If they cannot resettle in Palestine, where will they go? That is the sort of problem that we are facing due to climate change, for other communities being made homeless because the sea level is rising or whatever.

We need to think about how to stop the Israel-Palestine war right now, as soon as possible, and then about how to rehouse the refugees scattered throughout Syria, Lebanon, Iraq and all those places, as well as people who are being thrown out of Gaza, the West Bank and everywhere else. We face the prospect of two different settlements because it is not possible to think that the two groups could live in a single area. That is going to be a major challenge, and we will have to create some room. I have one slightly quixotic suggestion and then I can sit down. Across the Caspian Sea, there are many Islamic states that were formerly part of the Soviet Union: Kazakhstan, Turkmenistan and so on. A tremendous amount of money ought to be raised to resettle the Palestinian refugees in that region. If everyone agreed to that, we might have peace for a while.

18:37
Baroness Altmann Portrait Baroness Altmann (Con)
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My Lords, it is a pleasure to follow the noble Lord, Lord Desai. I shall focus on two important allies, Ukraine and Israel, which are battling forces intent on undermining the democracy and protections on which our way of life depends. I commend and congratulate my noble friends Lord Ahmad and Lord Cameron—who I am delighted to see return to government—on the Front Bench, on our country’s strong support for both our allies.

The noble Baroness, Lady Suttie, encapsulated ideally all the reasons that I would mention for why we must not waiver in our support for Ukraine, and even why we should step up the further support that is essential so that Russia does not prevail. Ukraine is fighting on the front line for western European democracy, especially after the appalling death of Alexei Navalny, to whom I pay the highest tribute. We must stand firm.

Today marks 150 days that the Palestinians have been holding the Israeli hostages, with no Red Cross access despite promises of such during the last humanitarian pause and no willingness even to confirm who is alive. This is the other major threat to our national security and our demo