Charity Commission

Baroness Brinton Excerpts

Thursday 27th February 2014 Grand Committee

[Baroness Brinton (LD)]

My Lords, I congratulate my noble friend Lady Barker on securing this important debate. I welcome the fact that the Charity Commission is taking a more detailed look at charities’ activities, specifically under the public benefit rule, and challenging what in the past was almost a rubber-stamp approval for charitable status.

The noble Baroness, Lady Berridge, has already outlined the reason for the commission’s investigation into the Preston Down Trust but I want to add two or three more comments. For those who do not know, the Exclusive Brethren withdraws as much as it can from contact with the wider world. Its members will not eat or drink with worldlies, as they call us. They will not use TV, radio and computers that have not been approved by their Australian leaders, and its young people are banned from using Facebook. Their school books are heavily censored, with pages ripped out or stapled together.

The formal decision from the commission lists some of the evidence that it received from people who were members of the Exclusive Brethren, but who have left or been asked to leave—withdrawn or “cast out” in their parlance. Paragraph 89 of the decision says that it took evidence on:

“the impact of the doctrines and practices on those who leave PBCC; the exclusory effect on family life and relationships when members leave as a result of complete severing of ties; … absence of assistance and support to those who leave, including vulnerable children and young people; those who leave are ostracised and consequently treated differently from other members of the public; … loss of inheritance where relatives remain and leave their property to the Brethren which is encouraged; inability to participate in funeral arrangements and services of Brethren relatives; threats of legal action against those who speak out against the Brethren; and fear and anxiety of repercussions for themselves and family members who remain in the Brethren”.

I have met a number of people who have had to leave the Brethren because they are homosexual. One notable case, reported by the BBC in 2011, is that of Dario Silcock, who was bullied by the elders and the children in his church because he and they suspected that he was gay. He was asked to repent, as there is zero tolerance of homosexuality in the Brethren, and the teacher from whom he sought support and advice was suspended by the Brethren school. He said to the BBC then, aged 18, “I miss my family, but I have never been happier”.

Last year, a number of Parliamentarians heard evidence from another former member, who was abused by an elder when he was in his teens. He followed the advice that I think we hope all young people in his position would follow: he went to talk to another elder about the abuse. To his consternation, he was ordered on to his knees to ask God for repentance. As far as the EB was concerned, the rape was irrelevant. Because he had taken part in a homosexual act, he was guilty. It was not surprising that he left. He too has been allowed no contact with his family since he left.

I raise these two accounts with noble Lords because I have hope for these men and many others. The Charity Commission’s decision has made it clear in paragraph 98 that, if the Brethren does not comply with its undertakings to treat former members more fairly and differently from the list of its actions I cited earlier, the commission will review its charitable status again. The current public debate on disbelief, not just looking at public benefit, is very important and one reason why I am more positive than others that the new and more thorough approach of the commission will provide some real benefit.

However, what I really pray for is a change in culture where people who have left the Exclusive Brethren are allowed to have contact with their families with no pressure on them. If the Charity Commission can have achieved this, it will have made significant progress, but I am not holding my breath.

Church of England: Appointment of Bishops

Baroness Brinton Excerpts

Monday 14th October 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the Church of England is moving with all deliberate speed towards the appointment of women bishops. I think it quite possible that the first women bishops will be consecrated before we have reached the next stage of House of Lords reform.

[Baroness Brinton (LD)]

My Lords, synthesising the two previous questions, will the Minister tell us how many women clerics are in a senior position in the Church of England? Does he agree that a large number of vacancies might be helpful for the promotion of the majority of very good senior women to bishoprics as and when the Church of England approves their appointment?

[Lord Wallace of Saltaire]

It is desirable that dioceses nevertheless continue to appoint bishops. I know a number of senior women in the Church of England and have a great deal of respect for them. One of them is the wife of my good friend the Vicar of Putney. I have no doubt that in time, the Church of England will have a number of excellent women bishops in the same way that it now has a number of excellent archdeacons, canons, and others from the female sex.

English Premier League Football

Baroness Brinton Excerpts

Thursday 25th July 2013 Lords Chamber

[Baroness Brinton]

My Lords, I, too, thank my noble friend Lord Bates for initiating this important debate. The English Premier League and the clubs that comprise it have real cultural and economic significance.

Looking at the gender balance of today's debate, your Lordships’ House might think that football was still very much a male preserve. I inherited my Southampton gene from my mother, who remembers cycling with her brothers to Southampton, by way of the Hythe Ferry, from her home in the New Forest during the war. My brother and I are season ticket holders and, if your Lordships’ House did not have such a strict dress code, I might even prefer to wear my 125th anniversary shirt, to make my support even more visible. I am mindful of the point made by my noble friend Lord Taylor about the women’s game. It is noticeable that most of the clubs in the EPL have been developing their women’s game but it needs to go much further.

I will focus on skills, and the importance of developing the next generation of English players, so that perhaps we might once again hold up the World Cup. The statistics look worrying. In 1992 76% of the starting 11 in the top league were English. By 2009 it had fallen to 37%, and it rose marginally last year to 39%. Last year, Southampton and Norwich—which my noble friend Lord Addington will be pleased to hear—were the only two clubs with more than 60% English players. Fulham had the fewest, at 15%. No wonder we struggle to win games at the highest international level.

There are some shining examples bucking this trend in the Premier League, and Southampton is one of them. Indeed, it has a long history of developing its youth; I remember Mick Channon coming up through the youth team into the main team in the 1960s. Today’s Premier League stars who are graduates of the Saints academy are Gareth Bale, Theo Walcott and Alex Oxlade-Chamberlain. More recently, I have delighted in watching James Ward-Prowse and Luke Shaw, both of whom have been with the club since they were eight years old. Southampton’s Football Development and Support Centre is unusual in professional football in that it looks after pre-academy, academy and professional squads together at Marchwood. It is particularly important because it provides a seamless pathway that supports young players from the age of eight right up into the first team.

Southampton currently has the enviable position of being the supplier of the highest number of players to the domestic international squads, particularly England, over the past season. We have had an England player selected for every competitive squad, from the under-17 squad to the national team and the Olympics.

For me, what is impressive is the satellite academy at Bath University, also unique in the academy system in football. Bath’s global expertise in sports medicine, psychology and technical performance is balanced by Saints’ long experience in growing its own talent. I believe that it is a groundbreaking model that should be not only protected but duplicated in the wider game.

The English Premier League academy courses are rated by Ofsted as outstanding, and are all deemed to be one institution. We should celebrate this fact. Southampton academy scholars have a 100% pass rate, achieving predicted or even better grades in their formal exam results. Through the Bath academy, they are given the opportunity of three pathways: academic, including degree courses at Bath or elsewhere; vocational, learning to coach; and football, via the Southampton academy, and a chance of playing with other professional or semi-pro clubs. This is vital because, as I am sure your Lordships are aware, very few will make it to the top flight. The Daily Telegraph said in 2009 that fewer than 10% of those,

“who join a Premier-ship academy will … make it into the first team. Most won’t even become professional footballers”.

Southampton’s principles are to develop those young footballers to their full potential but also to ensure that alternative routes are available to them, which they will need at some point in their careers, whether at the age of 18 or 25 or when they retire as players. They will have important and relevant skills that ensure that they will not be on the scrapheap. To pick up on my noble friend Lord Taylor’s point, it will also provide the next generation of black and ethnic minority managers in the English Premier League.

I want to speak briefly of another important economic aspect of English Premier League clubs, and that is, to use the title of the EPL report, Using the Power of Football to Positively Change Lives. It is not just about enabling youngsters to participate in football in their communities, although that is important. There are many projects where those heading for offending or disengagement have a chance to rethink and develop themselves in ways that they did not think possible. I was particularly impressed with the English Premier League’s scheme to take young boys to northern France to visit the battlefield sites, combining that with playing football at the same time, giving young lads who have come from backgrounds where offending might be a real possibility in future to think more broadly about the sacrifice that our grandfathers and great-grandfathers made.

Andrew was one such person from Southampton, who had a real problem with his start in life. When he started with the Kickz programme, which is one part of the Southampton foundation, based in an antisocial behaviour hotspot, his youth inclusion officer and local police constable agreed that he was hard to engage with, did not respect the police and had serious anger management problems. Through the programme, Andrew has learnt to channel his anger. His inclusion officer has said, “A spark came alive in Andrew that made him want to achieve and go further in his life”. Using football as a vehicle, Andrew has turned his life around and is now working towards going to university.

Throughout the English Premier League, there are many committed and excellent clubs and staff training the next generation of outstanding footballers. Just as important are the initiatives to support those who do not make it into other roles and those for whom football can turn around their lives. Each of these strands is vital to our economic well-being, both in our clubs’ local areas and nationally, and I am proud to say that my club, Southampton, leads the way in all three.

Representation of the People (Election Expenses Exclusion) Order 2013

Baroness Brinton Excerpts

Tuesday 12th March 2013 Grand Committee

[Baroness Brinton]

My Lords, together with some noble Lords present in Grand Committee today, I was present at the launch of this fund last year. Those of us who were there celebrating the work of the coalition Government, the Speaker’s Conference and, especially, my noble friend Lynne Featherstone MP, who led the work up to the launch of the fund, were horrified to discover that there might be a loophole whereby other candidates might be able to challenge any grant made by this fund as part of election expenses. That was certainly never intended, not least because the representation of disabled people is very low in elected office, whether at Westminster, on councils, in devolved Administrations or any other elected office—although I was glad to hear my noble friend saying that it did not apply for individual elections, such as those for police commissioners and, I presume, elected mayors.

I shall not repeat the points that the noble Lord, Lord Low, made, but my real anxiety is about the Electoral Commission’s concern about the phrase,

“barriers to seeking elected office”,

being wide and novel wording. It has to be, given how wide and novel varying disabilities are. We cannot legislate at this stage for every dot and comma of what is necessary. The point has already been made about Braille leaflets for checking before an ordinary leaflet is printed; about the need for British Sign Language interpreters; about having a palantypist at a conference where someone who may or may not be reliant on BSL but may be reliant on lip reading cannot keep turning around to see contributions from the back of a conference room. One young candidate whom I talked to a couple of weeks ago said that he had had to get a very expensive modification to his wheelchair. The first time when he stood for Parliament, he was invisible because his head was always too low; now he can come right up to shoulder height and have conversations with people. Suddenly, he has become visible. I am not suggesting that he would have made an application to the fund, but the fund needs to be able to think as flexibly as possible to overcome the barriers, and in this young man’s case a very physical barrier to having a dialogue with his electorate.

The other reason for the fund is that because candidates are not employed there is no other recourse to public funds for any costs associated with their disability. Just as an aside—this does not relate to this order—there is a problem for Members of the House of Lords with disabilities, because they, too, are not employed and there is no access to public funds for them if they need adaptations in their workplace here.

I end by saying that the Liberal Democrats have taken the issue of the under-representation of disabled candidates very seriously. We have launched a leadership programme for candidates from a range of under-represented groups, with 10% of places on the scheme reserved for those with disabilities. In the first 40 recruited, five have disabilities, some visible and some invisible. We hope that by the time we get to the other side of the general election, we will have some more disabled MPs in place to represent the wider country. In particular, I am looking forward to the first BSL first language MP, or, frankly, even Peer, to be able to work alongside us in creating legislation. It is a real disappointment that there has not been one to date.

I have two questions for the Minister. Given the Electoral Commission’s concerns about challenge and that some grants have already been awarded, will the order be retrospective? Secondly, Scope has raised an issue about the expenses repayment; the 35-day deadline may be very tight in some circumstances, particularly in relation to the short campaign of a general election, where deadlines are actually very important, and they may suddenly find that they have it. Is there any scope—I am sorry to use that word—to make it slightly more lenient or generous?

Finally, I hope that on the sunset clause of June 2014 the Government will ensure that there is no gap if they decide to move ahead. At that point, most candidates in key seats will have been selected and will be fighting the long campaign for election in the general election of 2015. It would be absolutely appalling if there were a gap in their ability to apply for grants.

[Baroness Hayter of Kentish Town]

My Lords, in responding to points from the noble Lord, Lord Low, and the noble Baroness, Lady Brinton, we hope that they are very successful in selecting their candidates. Noble Lords will not be surprised, however, if I do not necessarily wish them success in being elected. But it is a challenge to my party to make sure that we can similarly find some candidates. It will also come as no surprise to the Committee that we broadly and warmly welcome this draft order which, as the Minister says, will enable disabled candidates to apply for and use the fund specifically created to encourage them to be candidates by excluding those moneys from the schedule of election expenses. It is clearly a shame that it was not thought of when the fund was established, but we are pleased, as the noble Lord, Lord Low, said, that it will be done by 26 March, in time for this year’s election. Unsurprisingly, the charities representing people with disabilities, most notably Scope, are also supportive of the thrust of the measure.

The Minister will have read the discussions of the House of Commons committee on this. Perhaps it is a bit late to regret, along with it, that the fund does not cover parish council elections. Indeed, for many people, that is their first attempt at the ballot box, and it might have encouraged more disabled people to make that same first attempt. However, this is a pilot, and we hope that if it is successful it will be rolled out in a comprehensive way.

My questions, therefore, are not about what might have been but about this specific order, which allows the fund expenditure to be excluded. Will the Minister confirm that anything that the fund agrees to finance will then automatically be covered by the exclusion? In other words, there will be no additional formality to be gone through? We do not want the fund saying that it is covered and then being told afterwards that it is not. There needs to be just one lot of decision-takers, and I assume that it will be the fund decision-takers. It would be useful to have that confirmed.

What is being done to promote awareness of the fund? In preparation for today, I did the usual thing and tried to find out about it. I found it impossible to locate the fund through the Electoral Commission’s less-than-helpful website. Google was rather more helpful and got me on to the relevant site. Given that the Electoral Commission wants to be involved in this, I would have thought that it would do more to make knowledge of the fund better known, rather than simply being able to find out about this specific order, which is not of interest to disabled people once it is done.

Information on the fund itself was not brilliant. I could not get hold of the application form from the website although it has now been sent to me. It also was not clear how quickly a decision would be made, which I should have thought was also quite important for candidates to decide whether to go ahead. They need to know that before they start spending too much of their own money. Although we are keen for the Electoral Commission to be involved in encouraging and helping disabled people to be candidates, we hope that it will smarten up its own access via the web in time to do this.

We very much support the exclusion of fund expenditure but rather like the noble Baroness, Lady Brinton, we wonder whether this leaves a transparency gap. It would be useful to know what disclosure of such funds and their use will be made. Mention was made of a voluntary system, and I wonder whether that is sufficient or whether the fund should itself be transparent. It would be useful to know the Government’s thinking on that. Finally, can the Government assure us that if this pilot proves a success, it will be rolled out fully and with money following intent? As we know, the groups who will benefit from this are highly underrepresented at the moment. Indeed, I cannot believe that this Government would have so undermined the lives of so many disabled people as they have done both under the Welfare Reform Act and now the Welfare Benefits Up-rating Bill had we had more people as MPs, or indeed Peers, but especially MPs, from those particularly affected groups. We very much want this fund to be a success and we hope that its administrators, the Electoral Commission and the Government will play a very full part in helping disabled people to find out about the fund and then stand for and be elected to public office. I am sorry, but I hope that they will all be Labour if they get elected.

[Lord Wallace of Saltaire]

My Lords, I thank those who have spoken for their general welcome for this order. I stress that this is a pilot and an experiment in some ways. I also stress that it is absolutely an all-party initiative. We very much hope, as the noble Baroness has suggested, that all parties will want to take this up and make use of it, and that part of the way in which information will spread out is that all parties will wish to inform their local associations to look more actively for potential candidates for whom this would make the crucial difference.

In the disability world, the communications strategy is already a good deal better known than in the general outside world. I had not heard of it until a few weeks ago but I am told that the Government have a comprehensive communications strategy in place. There have been a number of news stories in the press, and in tweets, blogs and the like, targeted very much at the disability community. This will continue as the pilot rolls on.

As for the question of what happens in August 2014, this is a pilot over which we will want to consult as we go along, as well as seeing how many people come forward. Once the SI ends, we will ensure that there is a smooth transition to the new regime, if by then a decision is made that the fund is seen as worthwhile and is to be extended. So far there have been about 30 applications for the fund, and the average per application is between £4,000 and £6,000. We are not talking about enormous amounts. Noble Lords will recall that there is a £20,000 maximum per application under the fund at the moment. However, we hope that this will be shown to make a crucial difference in making it easier for people with different disabilities to put themselves forward for election.

In the pilot we decided not to include parish councils. A great many parish councils do not have elections. At my party’s spring conference, I talked to a local activist from West Yorkshire. He told me how deeply unpopular he has made himself with a number of other politicians in his ward, because he keeps insisting that there should be elections for the parish council. Others think that elections are an unnecessary expense and that co-option is much to be preferred, this being a predominantly Conservative parish council. Perhaps one of the questions that we will investigate and discuss further, and come to a different decision on as we move forwards from the pilot, is whether we include parish council elections, in which many people first cut their electoral teeth, as the noble Baroness rightly says.

The noble Baroness, Lady Brinton, asks whether it will be retrospective. The answer is that it will not, but those who have already approached the fund for support for this coming May’s elections will be able to roll their applications in and it will not go back further than that.

[Baroness Brinton]

I thank the Minister for giving way. I am concerned that some people who have applied to the fund for grants have not yet stood for office but clearly intend to be candidates. I would not want them to be compromised in that position because they had had an early grant. It would be useful if some reassurance could be sought to protect them.

[Lord Wallace of Saltaire]

I will need to investigate exactly what the position is there and will write to the noble Baroness. I understand that those who are not yet in the election campaign for this May but who have had grants already to help them in their campaigning will come under this order once it has been passed. I will check whether that counts as a degree of retrospection and return to her.

I have already answered the question about whether the Government will ensure that there is no gap on the expiry of the pilot. My very clear understanding is that any spending covered by the fund will automatically be under scrutiny. That is the purpose of the order. Certainly, my reading of it suggests that that is absolutely one on one and that no difference is allowed in that regard. I was asked how quickly decisions will be made. They will be made as quickly as possible. Our concern in all this is to make a significant difference to the decisions that disabled people may make on whether they can manage to stand for election, and to encourage others to work with them by recognising that they have the ability to cope with all the strains of elections.

The noble Lord, Lord Low of Dalston, asked me how clear the policy was. As he will know, the fund administrator, Convey, will manage this on behalf of the Government and it will clearly set out on the fund website its policy approach to funding decisions, explaining the principles used to assess an applicant’s disability needs. This will also be reflected in the guidance document and updated, if necessary, on a quarterly basis. For fund applications over a certain limit, an advisory council will offer more expert advice. Convey has agreed drafting with the Electoral Commission and will introduce these proposed changes on the fund website before this SI comes into force.

On the question of spending returns and transparency, Convey has agreed to amend the fund’s guidance to encourage successful applicants voluntarily to disclose any fund awards on their election spending returns at all elections. A suitable form of wording to this effect has been agreed with the commission, so we are working very closely with the Electoral Commission on all this. Every effort is being made to take decisions as quickly as we can. We want to make sure, as far as possible, that this pilot is seen to be a success, that it does make a significant difference, and that after we have seen the impact on this year’s elections and the impact it may have on the selection of parliamentary candidates for the next set of elections, we will be able to agree that the pilot fund should be converted into a longer-term fund, perhaps with a number of tweaks and amendments, which we hope all parties and all those interested in democratic politics with diverse representation will wish to accept. I commend the order.

Small and Medium-sized Enterprises

Baroness Brinton Excerpts

Tuesday 23rd October 2012 Lords Chamber

[Lord Wallace of Saltaire]

We are well aware of this problem. We are talking about a culture change within Whitehall. We are conscious that it is often easier when drawing up a large contract to give it to a prime contractor who will then subcontract, rather than having to go through the more onerous processes of distributing it around the country. That is part of the culture that we are trying to change.

[Baroness Brinton]

My Lords, the Minister’s earlier response on the problem with large companies was illuminating. However, if we are going to rely on investigating journalists to uncover such cases, would it not be better for the Government to consider forcing large companies to publish how many days they take to pay people in their annual reports?

[Lord Wallace of Saltaire]

My Lords, I dare say that that is a question which will come up if and when we next move on to a company law reform Bill.