Independent Commission on the Constitutional Future of Wales

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Foulkes of Cumnock

Wednesday 17th November 2021 Lords Chamber

[Lord Foulkes of Cumnock]

To ask Her Majesty’s Government what discussions they have had with the Welsh Government about the independent commission set up by that Government to look at options for the future constitution of Wales.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, the UK Government have not yet had any discussions with the Welsh Government regarding the independent constitutional commission; nor were we informed of its proposed structural content. But we were aware that this was a manifesto commitment. In subsequent written communication with the Minister for Intergovernmental Relations, the First Minister of Wales stated that he would encourage the commission to contact the UK Government, and we hope to be able to give evidence.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, does the Minister agree that, while the constitution is a matter reserved to this Parliament, it is helpful that the Welsh Government have set up this independent commission to make recommendations? However, if the governance of Wales, the governance of Scotland and the governance of Northern Ireland are considered in isolation, there is an increased risk of the break-up of the United Kingdom. So will the UK Government now consider some form of review of the governance of the whole of the United Kingdom, including England, in a systematic and coherent way, so that we can ensure the continued prosperity and unity of this United Kingdom?

[Baroness Bloomfield of Hinton Waldrist (Con)]

As always, the noble Lord makes a very compelling case. The UK Government are committed to protecting and promoting the combined strengths of our union, building on hundreds of years of partnership and shared history. This Parliament remains in charge of the balance between reserved and devolved competences, and we will continue to make sure that our constitutional arrangements remain fit for purpose and enable our institutions to work effectively together to deliver for citizens in every part of the UK. We have no plans for a UK-wide constitutional convention.

Professional Qualifications Bill [HL]

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Foulkes of Cumnock

Tuesday 9th November 2021 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Bruce of Bennachie—if I have got the pronunciation right. Bennachie is a wonderful part of Scotland but he reminds me that maybe I should declare an interest. I am a proud father in that my daughter is a teacher and therefore registered with the General Teaching Council. I am just as proud that my granddaughter is training to be a nurse so she will come into one of these categories as well. I am not sure that I really have to declare that interest, but it is nice to say that anyway, is it not?

I am also pleased to be one of the three signatories to some of the amendments; in other cases, I am one of four signatories, with the noble and learned Lord, Lord Hope. That makes for all-party support for the amendments, most of which are the brainchild of our mutual friend Michael Clancy of the Law Society of Scotland, for whom we have to give many thanks and wish him well, at the moment particularly. I was thinking that not only is it an all-party amendment, but that the route from Pickering to Bennachie via Cumnock would be a wonderful trip for Susan Calman. I hope you all watch that wonderful programme where she drives a little campervan called Helen, named after Helen Mirren. I am not sure if that is a compliment or not, but it is certainly a very good programme. I am probably running off the topic a little. Fortunately, the Chair does not have the same powers here as I used to suffer from in the other place when I was drawn to—

[Baroness Bloomfield of Hinton Waldrist (Con)]

I do.

[Lord Foulkes of Cumnock (Lab Co-op)]

Oh! I will see the noble Baroness later; I thank her for drawing my attention to that.

I wholly support what the noble Baroness, Lady McIntosh, has put forward. This is the only speech I am going to make today although I support a number of other amendments. I want to make two points. I take every appropriate opportunity to criticise the UK Government. I did so earlier today at Question Time, so no one can accuse me of not being critical when it is appropriate. However, today I join in with what others have said to the Minister. From all that I have heard from the noble Baronesses, Lady McIntosh and Lady Hayter, and from a number of others, the Minister has been really helpful in taking account during the summer of all the representations, and all credit to him for that.

My second point is that sometimes I feel in some areas—not in all—the UK Government are a bit better than the Scottish Government. The Scottish Government are not good at consulting. They do not consult local authorities. They do not devolve powers in the way that they should in Scotland. Scotland is a third of the land area of the United Kingdom. It is a big country. Scotland is not a unified, homogenous country. It is a very diverse country. The highlands are very different from Glasgow, which is different again from the borders, which are different again from Edinburgh and different again from Dundee. They are very different and I am afraid that the current Scottish Government do not seem to fully recognise those differences and take account of them from time to time. I am very pleased that we are suggesting two things today. One is that they should consult all the appropriate regulatory bodies; I agree with that. That is what we are talking about today in these amendments; I am in order now. Also, later we should consult with the devolved authorities in areas where they have competence and an interest. It is right to do that.

Sometimes we talk about treating them as equals; I have heard the noble and learned Lord, Lord Hope, and others do so. I do not want to disagree with those noble Lords, but they are not equal. We should treat them with total respect, but they are not equal to the UK Government. The UK Government are the sovereign Government of the UK, and devolved authorities are devolved. There is a big difference between devolution and separation. The SNP tries to forget about that and elide the two, pretending that one just moves into the other, but it does not. Devolution is power devolved from the UK Government. There ought to be more power devolved in England; that is where the democratic deficit is.

Professional Qualifications Bill [HL]

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Foulkes of Cumnock

Committee stage
Monday 14th June 2021 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

Providing a statutory basis for the continued existence of an assistance centre places a duty on competent authorities to co-operate with it. This is to ensure that the assistance centre has the necessary information to help support the delivery of its functions, rather than relying on voluntary information-sharing arrangements. In a practical sense, it provides a signposting system through its website. It also has a telephone answering service, which dealt with my question this morning about the need for English language skills for particular professions. It answered the question very carefully and properly by saying that that was not part of its remit and I needed to talk to the visa requirements section. The centre is at least directing you to where you need to go for your questions to be answered.

The legislation also requires that the assistance centre provides information to the Secretary of State when requested. As I said, this is not onerous information, but it is an important requirement, as the Secretary of State has a responsibility for the wider recognition of professional qualifications principles. Lastly, its existence in legislation helps validate the credibility of the assistance centre for engagement with its overseas counterparts.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, a lot of interesting things have emerged during this debate. The noble Baroness, Lady Noakes, my noble friend Lady Hayter and the noble Baroness, Lady Randerson, seem to have set up a new all-party group—friends of Google. I warn them to be careful and alert them to the fact that if you Google something you will find at the very top of the list people who have paid to come top of that list. If you look, for example, at getting a Covid test, you will find that the ones that you pay for are right at the top and the free ones are down at the bottom. Beware of Google—and other equivalents—because they do not necessarily give you the best advice.

The Minister has been very helpful in her response. However, some things still need teasing out as far as the assistance centre is concerned. I would argue still that the visa and admission regulations that I am suggesting would enhance its role. It was suggested by the noble Baroness, Lady Randerson, that the functions it is dealing with now might be better dealt with at a devolved level. As she knows, I am a very strong devolutionist. Immigration, visa regulations and other regulations are not devolved. Therefore, that would give the assistance centre a little more credibility.

However, my noble friend Lady Hayter has a good point: does it need to be statutory? I think you can have an assistance centre working very effectively without it having to be on the face of the Bill. Often, we argue strongly that things should be on the face of a Bill, and we get rebuffed, but I am not sure the case has yet been made for it to be statutory.

When I was a Minister, I used to tell officials and civil servants to go back and think again from time to time. I ask that both Ministers—the noble Lord, Lord Grimstone, and the noble Baroness, who has replied so eloquently to this debate—perhaps have another look afterwards, in the cold light of tomorrow morning, and go back to the department and say, “Wait a minute. Some valid points have been raised”. That is what these sessions of Committee and Report are about—going back to the department. Perhaps it could be arranged for some of us to be given more information and some direct contact with the centre. There are things that can be done between now and Report that would make the Bill much better and make it more likely for us to get consensus when we get to Report. I hope the Minister will be able to do that. She is nodding nicely to me as always. With that, I will withdraw the amendment.

Agriculture Bill

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Foulkes of Cumnock

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 22nd September 2020 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, as we said in Committee:

“Part 6 of the Bill allows regulations to be made to ensure compliance with the United Kingdom’s obligations under the WTO Agreement on Agriculture”,—[Official Report, 28/7/20; col. 130.]


particularly those related to domestic support. The regulations will set out procedures and arrangements to ensure that the whole of the UK continues to comply with existing obligations under this international treaty.

Amendment 92B seeks to impose a duty on the Secretary of State to consult relevant stakeholders when making regulations under Clause 40. Relevant stakeholders in this instance are the devolved Administrations, since it is they who will be required to abide by spending limits and work together with the UK Government to classify and notify domestic support at the WTO.

We do not anticipate any direct impact on farmers because the devolved Administrations will retain the freedom to design and implement their own domestic support policies within the overall spending limits. As I outlined in Committee, consultation is already well advanced. In answer to the question from the noble Lord, Lord Foulkes, Defra Ministries work very closely with their DA counterparts through a regular interim ministerial group on agriculture, which I believe is the same body that he referred to earlier. Government officials work closely with all their counterparts from all Administrations to draft the regulations under these powers. I can again report that good progress has been made and that the views of officials from the devolved Administrations have been taken into consideration throughout the whole of the drafting process. In terms of Scottish consent, we have received confirmation that the Scottish Parliament has recommended consent for provisions in the scope of the LCM procedure.

The Government fully recognise the devolved status of agriculture. Indeed, Clause 40(1) is drafted in such a way as to specify that regulations can be made only for the purpose of ensuring compliance with the WTO Agreement on Agriculture. It is this narrow function of ensuring overall UK compliance with an international treaty that remains reserved for the UK Government and that Part 6 addresses. The UK Government consult the devolved Administrations and all relevant stakeholders appropriately, but it is not efficient or constitutionally proper for the UK Government to be bound to consult on all matters that are reserved.

The noble Baroness, Lady Wilcox, asked what functions are envisaged under these powers. In order to ensure that the UK remains in compliance with obligations under the WTO Agreement on Agriculture, it will be necessary to collect data on agricultural support schemes from the four nations of the UK in order to classify and report this information at the WTO. Additionally, spending limits will be placed on each country of the UK to ensure that the UK as a whole honours a commitment to limit spending on certain types of trade-distorting support.

Where reserved matters overlap or intercept with devolved areas of competence, the UK Government of course recognise that the devolved Administrations will have an interest. The Government therefore work with those Administrations, as we are currently doing, to accommodate their comments and concerns when we can, to the satisfaction of all those involved. I am pleased that Defra officials have particularly good relations with their counterparts in the devolved Administrations.

We already have a bilateral agreement in place with the Welsh Government on the making and operation of regulations under Part 6, and we have offered to extend this agreement to the Scottish Government and DAERA ministers in Northern Ireland. Additionally, my honourable friend the farming Minister, Victoria Prentis, placed on record in the other place a commitment to consult with the devolved Administrations on the making of regulations under these powers.

Lastly, I understood that the noble Baroness, Lady Scott, was concerned about how these regulations impacted directly on farmers. These powers allow for a framework of regulations to be made for ensuring UK-wide compliance with existing international obligations. Within this framework and within the boundaries of existing WTO agreements that seek to limit the use of trade-distorting financial support to agriculture, each Administration will still be able to design their own schemes to deliver their policies on supporting farmers and managing the farmed environment.

I hope that I have given sufficient reassurance and that the noble Lord, Lord Foulkes, will feel able to withdraw his amendment.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I am grateful to the Minister for a very comprehensive and indeed helpful response. I just want to make two points. First, this is one of many debates that I have been involved in in which Liberal Democrat, Labour and Conservative Members have all raised issues in relation to the devolved Parliaments, the consultation and the roles and responsibilities. That issue comes up more in the House of Lords than anywhere, and it is not always appreciated in the devolved Administrations.

Secondly, I have sat through only a small number of the debates on the Agriculture Bill, but I would personally like to pay tribute to the Ministers and their staff and to the shadow Ministers and their staff for doing a huge amount of work on this very important issue. I hope that that is recognised not just in the parties and in the House of Lords but well beyond this place. Therefore, I beg leave to withdraw my amendment.

Housing: Unfair Leasehold Agreements

Debate between Baroness Bloomfield of Hinton Waldrist and Lord Foulkes of Cumnock

Tuesday 3rd March 2020 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist]

I acknowledge my noble friend’s significant interest in and knowledge of this area from her position in Westminster Council. The assured tenancy trap relates to property sold as a lease but where the ground rents, due to escalation, exceed the £250 threshold outside London and £1,000 in London; in effect, it becomes an assured shorthold tenancy, meaning that the owner does not have the same rights as a normal owner and it can be repossessed if they fall into arrears. The Government are committed to addressing this issue via legislation, which will take long leases completely out of the assured shorthold tenancy regime and prevent leaseholders being affected by this issue completely.

[Lord Foulkes of Cumnock (Lab Co-op)]

The Minister rightly condemned and regretted when home owners were ripped off; would she care to comment on Persimmon Homes? The average cost of a house it builds is £250,000, on which it makes a profit of £65,000, and a large number of its homes have already been declared unsafe in relation to fire and other matters, yet last year the chief executive received a bonus on top of his salary of £73 million. Is that not absolutely outrageous? What are the Government going to do about that?

[Baroness Bloomfield of Hinton Waldrist]

As I said in a previous answer, the Competition and Markets Authority report updating its investigation into the extent of mis-selling and onerous lease terms will address this issue—maybe not the profit motive but the consequences of past actions. I note that in an action of Cardiff Council v Persimmon, Persimmon was forced to give 55 properties sold as leasehold on the St Edeyrns estate back to freeholders in an out-of-court settlement, so they were given their leaseholds as freeholds for nothing. We would like to see more of this happening. Regrettably, it was settled out of court before it became a court case so we cannot use that settlement as a legal precedent.