Diego Garcia Military Base and British Indian Ocean Territory Bill

Debate between Baroness Chapman of Darlington and Lord Lansley

3rd reading
Monday 12th January 2026 Lords Chamber

[The Minister of State, Foreign, Commonwealth and Development Office (Baroness Chapman of Darlington) (Lab)]

My Lords, this government amendment will change the parliamentary procedure applicable to the delegated power in Clause 6. With this amendment, all instruments made using that power would be subject to the negative procedure. Previously, no parliamentary procedure applied unless the power was used to amend, repeal or revoke Acts of Parliament or statutory instruments made under them.

I thank the noble Lord, Lord Lansley, for his contribution to this. I am glad that we were able to agree on a sensible compromise which puts into effect one of the recommendations of the Delegated Powers and Regulatory Reform Committee. I hope that this assures the noble Lord and the DPRRC that the Government have listened to the views of noble Lords and are willing to find compromises where they are sensible. I beg to move.

[Lord Lansley (Con)]

My Lords, I want to say a big thank you to the Minister for her engagement following Report and for tabling this amendment by way of, as she says, what I hope is very much an agreeable compromise.

While the Delegated Powers and Regulatory Reform Committee made the good point that Henry VIII powers should only exceptionally be subject to other than the affirmative procedure, in fact, when one looks at the detail of the Bill in the Government’s further response, it is quite clear that it would be excessive for the House to be detained on an affirmative debate on some of this legislation in relation to what are clearly not controversial matters. However, establishing the principle that all statutory orders should be subject to parliamentary scrutiny is, I think, important. I am very glad that the Government have accepted that.

Diego Garcia Military Base and British Indian Ocean Territory Bill

Debate between Baroness Chapman of Darlington and Lord Lansley

Report stage
Monday 5th January 2026 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

My Lords, Amendments 34 to 37 tabled by the noble Lord, Lord Lansley, seek to amend Clause 5 of the Bill. I appreciate that Amendments 34 to 36 would implement the recommendations of the Delegated Powers and Regulatory Reform Committee. The Government have carefully considered the committee’s report on the Bill and responded to it but, on this occasion, we do not accept those recommendations.

I note what the noble Lord said about Third Reading. I am grateful to him for his detailed engagement with these provisions. I want to clarify one point about which noble Lords might not be entirely clear. The effect of the Bill is that there will be two powers. One is the prerogative power to legislate for Diego Garcia only, which is preserved under Clause 3. We seem to have some agreement on that point. The other power is a new statutory power conferred by Clause 5. Orders in Council made under Clause 5 will be statutory instruments. The Bill currently provides that those will be subject to the negative procedure where they amend primary legislation, and otherwise to no procedure. That is not because we argue that they are prerogative orders but because it is appropriate given their subject matter.

So far as the power to amend primary legislation is concerned, we have been clear that the negative procedure is appropriate, given that the changes to be made to legislation will in very large part be technical in nature. The purpose of the power is to ensure that the Government can bring the domestic statute book into conformity with both the purpose and effect of the treaty, making consequential changes as necessary. That works hand in hand with Clause 3, which provides a default position of continuity of the law. The Clause 5 powers will be necessary to make amendments to that law to adapt it to the treaty and the new status of Diego Garcia. This is not just about the law of Diego Garcia; UK legislation which refers to BIOT needs to be brought into line.

Applying the negative procedure here is consistent with the Cyprus Act 1960, which the noble Lord, Lord Lansley, referred to. Section 3 of the Cyprus Act also provides for the law of the UK in relation to Cyprus or the sovereign base areas to continue and for statutory Orders in Council to be made under the negative procedure to make further adaptations as required.

The Hong Kong Act 1985 also provides for the negative procedure for statutory Orders in Council under Schedule 3, amending the law of the UK or of other British possessions.

The Government’s position is that it is appropriate that no procedure applies when the Clause 5 power is used other than to amend primary legislation. The operation of the base on Diego Garcia and the treaty as a whole are in the realm of international relations, defence and security, as the noble Lord said. Given the subject matter, it is appropriate for those instruments to be subject to no parliamentary procedure.

There will, of course, be statutory instruments, which will be registered and published in the usual way. It is not uncommon for Orders in Council which relate to the overseas territories to have no procedure attached to them. I am happy, and I think it would be a good idea, to continue to discuss this with the noble Lord, Lord Lansley, ahead of Third Reading. I would be very happy to do that. I hope he withdraws his amendment.

[Lord Lansley (Con)]

I am grateful for that response, and in order not to delay the House, if I may, I will leave it at that point. I beg leave to withdraw Amendment 34 and to return to this, if necessary, at Third Reading.

Business of the House

Debate between Baroness Chapman of Darlington and Lord Lansley

Thursday 8th November 2012 Commons Chamber

[Mr Lansley]

I am grateful to my hon. Friend for raising that serious issue. As he will know, police officers are expected to maintain the highest standards of professional behaviour. In addition to the criminal and civil law, they are subject to the Police (Conduct) Regulations 2008, which set out the standards of professional behaviour they are expected to maintain. When they fail to meet those standards, they can face disciplinary action. Of course, decisions about disciplinary action are a matter for the chief officer of the police force concerned or its police authority. If someone wants to make a complaint about a police officer, however it arises, they should contact the force concerned or its police authority or, if they fail to secure action that way, the Independent Police Complaints Commission.

[Jenny Chapman (Darlington) (Lab)]

Will the Minister confirm that the Government no longer publish police numbers on a borough-by-borough basis, which makes it very difficult for Members to make like-for-like comparisons? May we have a statement from the Home Secretary?

[Mr Lansley]

I will ask my right hon. Friend to reply about that specific statistical point. Speaking from experience in my constituency, I know pretty much how many police there are on the streets, and in Cambridgeshire we are recruiting more police.

Oral Answers to Questions

Debate between Baroness Chapman of Darlington and Lord Lansley

Tuesday 17th July 2012 Commons Chamber

[Mr Lansley]

Yes. As my hon. Friend will know, under the existing formula, age was the single biggest factor, but what is important is that the formula accurately reflects the factors that will give rise to need for health care, so that the allocation of resources can respond directly to that need. Ensuring separately that there is an allocation to local authorities for public health, which will be measured in relation to mortality below the age of 75 in particular, will enable those resources separately to be focused on, for example, areas of greatest deprivation which give rise to the poorest health outcomes.

[Jenny Chapman (Darlington) (Lab)]

I am interested to hear the Secretary of State say that he understands there is a link between deprivation and health inequality, in light of the new funding arrangements that seem to indicate that councils in the north-east will receive £17 per head less for public health, whereas councils in wealthier parts of the country will receive £8 per head more.

[Mr Lansley]

The hon. Lady knows perfectly well that I have said many times that deprivation can give rise to inequalities in health outcomes. In particular, we are improving substantially the framework for reducing those health inequalities, because we are giving local authorities specific, dedicated resources. Let me make it clear to her that under the public health allocation formula that I outlined just a few weeks ago, no part of the country will see any reduction in its public health resources from the baseline established.

Oral Answers to Questions

Debate between Baroness Chapman of Darlington and Lord Lansley

Tuesday 12th July 2011 Commons Chamber

[Mr Lansley]

I am grateful to the hon. Gentleman. He will understand that each hospital trust or acute trust must be responsible for ensuring that there is not an excessive length of stay for patients and that it has the ability to isolate patients if necessary. Norovirus is one circumstance in which trusts often have to open additional capacity. In my experience of hospitals, that is precisely what is generally done. There is an ability to open new capacity if necessary when norovirus strikes.

[Mrs Jenny Chapman (Darlington) (Lab)]

Consulting on changes to health services is not an easy thing to get right. I think that the Secretary of State would agree with that. Will he undertake to look at the consultation taking place in County Durham and Darlington on acute stroke services, because I and the local council believe it to be misleading?

[Mr Lansley]

I will, of course, look at that consultation, with which I am not directly familiar. The four tests that I set out shortly after the election—understanding patients’ current and prospective choice; understanding what is demanded by clinical safety and evidence; understanding the view of the public, as represented through the local authority; and understanding the intentions of commissioners, particularly the clinical commissioning groups that are being established—give a much stronger basis for understanding future configuration decisions.

Oral Answers to Questions

Debate between Baroness Chapman of Darlington and Lord Lansley

Tuesday 8th March 2011 Commons Chamber

[Mr Lansley]

We are finalising the design of the future cancer drugs fund from April, and we will publish shortly. The interim cancer drugs fund is designed to support new effective medicines, based on clinical panels’ assessments of the needs of individual patients.

[Mrs Jenny Chapman (Darlington) (Lab)]

Today is international women’s day, so let me pass on the good wishes of the women of Darlington to the Secretary of State.

[Mrs Chapman]

Indeed. However, what does the Secretary of State have to say to those women when they are angry and concerned at the proposal from the County Durham and Darlington foundation trust to move their maternity services from Darlington to Durham, 20 miles away?

[Mr Lansley]

I would be grateful if the hon. Lady conveyed my very best wishes to the women of Darlington on international women’s day and said to them that I know from my visits to the north-east that a general practice-led commissioning pathfinder consortium has come together in their area. It is with that consortium and their local authority that they should look at which services they think should be provided in their area, and they will have the power to make that happen.