Lobbying (Transparency) Bill [HL]
Baroness Chisholm of Owlpen Excerpts(8 years, 3 months ago)
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Baroness Chisholm of Owlpen (Con)
My Lords, I start by declaring an interest. My daughter is a director of Hanover Communications. However, as I mentioned yesterday, as a mother and a grandmother—she has two small children—we do not, as one can imagine, really talk about lobbying. I thank the noble Lord, Lord Brooke, for introducing this Bill, which has led to an interesting and engaging debate. I also thank the noble Lord for his opening speech. I think the whole House recognises his commitment to this important issue.
At its core, the noble Lord’s Bill has the intention of making lobbying a more transparent activity. Indeed, it is worth noting that his Bill encompasses many of the provisions contained in the Government’s own Act, the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014. Nevertheless, the Government feel that they must express reservations about this Bill. I hope it will be useful if I focus for a moment on the Government’s view on transparency before turning to the noble Lord’s Bill and outlining why we have reservations about it.
Like the noble Lords, Lord Brooke and Lord Bew, we believe that lobbying plays an important role in ensuring that everyone’s voice is heard in Westminster, Whitehall and beyond. However, lobbying must be transparent. The Register of Consultant Lobbyists that we set up in March 2015 is designed to shine the light of transparency on those who seek to influence the Government on behalf of a third party. It complements the existing transparency regime whereby Ministers and Permanent Secretaries publish details of their meetings with external organisations. The noble Lord, Lord Brooke, mentioned that the register was not working. However, it was set up only in March 2015. We need to give it time to do its work. The register helps transparency in two main ways. First, it clarifies whose interests consultants are representing, which is not always clear from ministerial diaries alone. The register also has enhanced scrutiny, as consultant lobbyists must declare whether they subscribe to a code of conduct.
As my noble friend Lord Lansley and the noble Lord, Lord Beith, mentioned, we wanted the 2014 Transparency of Lobbying Act to avoid unnecessary regulatory burdens, rather than to establish top-to-bottom regulation of all who lobby. That is why we set up an appropriate way to ensure high levels of transparency, but only in the specific areas of the lobbying industry where that was needed. Arguably, to make a register of in-house lobbyists would be enormously burdensome, very hard to make work and very costly. As the noble Lord, Lord Beith, mentioned, at least we know who they are lobbying for.
The noble Lord, Lord Beith, and the noble Baroness, Lady Kennedy, both made an interesting point—namely, that there should be a government website. I should add that information on meetings is published in an easily searchable format. However, as the noble Baroness, Lady Hayter, said, that is not easy to use. I will certainly take that back to the department. I hear what she says; the information should at least be user-friendly.
It is clear that the 2014 Act and the noble Lord’s Bill broadly seek the same thing, to regulate lobbying in order to make it more transparent and increase public confidence in public institutions. However, it is the Government’s position that further regulation of lobbying is not necessary, particularly so soon after the passage of the Government’s Act on transparency of lobbying, passed by this House in 2014.
I hope it will be helpful if I outline to the House some of the reservations that the Government have about the Lobbying (Transparency) Bill 2016. First, the Bill uses a wider definition of “lobbying” and “lobbyist” than is provided for in the current Act. The Bill’s definition of “lobbyist” includes in-house lobbyists, as well as the consultant lobbyists covered by existing legislation. However, the conduct of in-house lobbyists can be scrutinised through the publication of ministerial diaries, which offer details of any gifts given and received, hospitality received, overseas travel and meetings with external organisations. Through the diaries, members of the public already have access to a wealth of information that sheds significant light on lobbying activity.
Secondly, the Bill requires that meetings with all public officials should be registered, instead of just Ministers and Permanent Secretaries. As I said earlier, that risks creating a register that requires significant extra resources without leading to improved transparency.
Thirdly, the Government have reservations about the establishment of a statutory code of conduct. We believe that self-regulatory codes administered by the lobbying industry work well. Indeed, the 2014 Act aimed to complement rather than replace existing non-statutory codes. In addition, I note that your Lordships’ House agreed only in 2014 not to implement a statutory code. That decision was made after the Government had made their case against statutory codes and after the House had had the opportunity to debate the question. It therefore makes sense to wait and see how existing legislation works in practice before making further changes.
Fourthly, the Bill does not afford an exemption for small lobbying firms, whereas the 2014 Act exempts anyone not registered under the VAT Act 1994. One risk of not exempting those under the VAT threshold would be to place disproportionate financial and regulatory burdens on small companies, thereby impeding their growth and potential to contribute to the economy.
On the financial provisions of the Bill, the 2014 Act seeks to offset some costs of the register through a fee charged to lobbyists for registering. The Bill makes no reference to any fees chargeable to lobbyists, which means that it would be entirely publicly funded. The lack of industry-led funding means the taxpayer would be footing the bill for a system, which would not make lobbying any more transparent than at present. We believe that a less problematic and more cost-effective alternative has already been in force since March 2015, when the Register of Consultant Lobbyists was set up. I also note that the provisions of the Bill would repeal legislation on lobbying regulation, which Parliament only recently agreed to. It is the Government’s view that the current legislation continues to be a vital part of the lobbying and transparency regime and a proportionate response to the issues we face.
I also have a pair of more minor concerns about the detail of the Bill. These are not reasons in themselves to either support or oppose the Bill but I hope that noble Lords will find it constructive if I highlight them to allow for the possibility of their being addressed. First, the Bill does not empower the registrar to provide guidance. I understand that the registrar’s ability to issue guidance as currently provided for is an important component of engagement with those who enrol on the register. Secondly, the Bill does not require the registrar to justify their decision to impose penalties or set out an appeals process against the registrar’s decisions, both of which are currently provided for under the 2014 Act. Both would presumably need to be inserted into the Bill to ensure that monitoring and enforcement processes were fair, predictable and run according to due process.
My noble friend Lord Lansley and other noble Lords mentioned expanding requirements to include spads. While the Government are not considering expanding the Act to include special advisers, steps have been taken to expand the disclosure requirements with regard to the publication of ministerial diaries. We have expanded this to include meetings between senior media figures and government, including those held by special advisers, which reflects particular concerns following the Leveson inquiry.
My noble friend Lord Norton asked whether the current Act provides value for money. The Act is working well—obviously, I would say that—and has solved the issue that it is not always clear in whose interests lobbying takes place. As I mentioned, by charging a fee to those firms who must register, the Government have minimised the cost to the public purse of establishing and running the register, thereby delivering value for money. The annual budget for the register was published this year and stands at £265,000.
Many noble Lords mentioned Brexit and how a huge number of lobbying firms will come into play because of it. However, they have to register in the same way as any other lobbying firm.
In summing up, I pay tribute to the noble Lord, Lord Brooke, for pursuing this important matter and to those here today for their insightful contributions to this debate. Although sympathetic to the aims of the noble Lord’s Bill, the Government must express their reservations about it. Some of our reservations relate to more technical aspects, which could be rectified. However, at a broader level, we believe that measures that go further than the current provisions in force would be unlikely to enhance transparency.
The noble Lord, Lord Howarth, talked about transparency relating to consultant lobbyists. Taken together, the register of consultant lobbyists and the publication of ministerial diaries already provide an unprecedented level of information about interactions with government. I know that many different views on that are held in this House. I hope I have made it clear why we believe that a number of parts of the regulatory system proposed in the noble Lord’s Bill are unnecessary, but I hope that I have made it equally clear that many of his proposals are very sensible and are largely provided for under current legislation.
This has been a thoroughly worthwhile debate. Transparency is critical to the democratic health of the country and deserves to be periodically considered and debated. On our side, the Government will continue to make sure that the right information is available for thorough and transparent scrutiny of lobbyists to take place. We are proud of the level of transparency that those who seek to influence public policy must demonstrate, and we will continue to uphold those highest standards of transparency in the future.
House of Lords Act 1999 (Amendment) Bill [HL]
Baroness Chisholm of Owlpen Excerpts(8 years, 3 months ago)
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Baroness Chisholm of Owlpen (Con)
My Lords, I thank the noble Lord, Lord Grocott, for introducing this Bill which, as always in this House, has provoked an interesting and engaging debate with speeches from many of your Lordships. He has a long association with the arguments surrounding further reform of your Lordships’ House, and the whole House recognises his particular expertise.
Before the noble Lord sums up the debate, I will endeavour to respond from the Government’s perspective to as many as possible of the points and questions raised. Before I start, I shall answer the point made by my noble friend Lord Norton. He suggested that the Government should put the House of Lords Appointments Commission on a statutory footing. Importantly, we feel that the Appointments Commission is rightly independent of government and vets all appointments made to this House.
I say from the outset that the Government recognise greatly the value of this House. Your Lordships play a vital role in the workings of the House and the scrutiny of legislation. We are committed to ensuring that the House continues to work well, and I therefore welcome the opportunity to debate this matter. As mentioned by several noble Lords today, in the previous Parliament the Government introduced the House of Lords Reform Bill 2012, which sought wide-scale reform. Like the Bill introduced today by the noble Lord, Lord Grocott, the Bill made provision to remove hereditary Peers and introduce an elected element into the upper House. As we all remember, that Bill was withdrawn when it became clear that its timetabling Motions could not be agreed to in the other place, not, I emphasise, from a lack of commitment from the Government, but from a lack of overall agreement as to what shape reform should take. It is with that experience in mind that we have focused our efforts on looking for incremental steps for change, and have made clear that comprehensive reform of this House is not a priority in this Parliament.
Turning back to the Bill, the role of hereditary Peers goes to the heart of questions about our composition. Any change to their status would fundamentally change the nature of your Lordships’ House, and so as a Government we would consider any change to be bound up in those broader discussions about comprehensive reform. As my noble friend Lord Bowness mentioned, at this juncture, with the Government’s focus on delivering prosperity across the UK, I submit that there are therefore other, more pressing constitutional reforms currently under way on which we should focus our attention. These include delivering on the promise to devolve more powers to Wales and, importantly, implementing the result of the EU referendum on 23 June.
However, that does not mean we should not continue to work to make sure your Lordships’ House continues to work well, or to look for ways in which we might do our work more effectively. As our manifesto makes clear, we agree that we cannot grow indefinitely. So where there are ideas for incremental change that can improve how we work, and which can command consensus, we would welcome working with noble Lords to take them forward.
As a House, we have a good story to tell in this regard. With government support, as has been mentioned, Bills were taken through by the noble Lord, Lord Steel, and the noble Baroness, Lady Hayman, to enable Peers to retire for the first time and to enable the House to expel Members where their conduct falls well below the standards that the public have a right to expect. While I am glad to say we have not had to use the latter power, we have seen a remarkable cultural change on retirement, with 52 Peers having permanently retired from this House. As the noble Lord, Lord Howarth, mentioned, this has enabled life Peers not to go on into their dotage.
The House of Lords Act 1999 (Amendment) Bill before the House today makes provision to remove the by-election system that currently allows hereditary Peers to be elected to this place. While those existing hereditary Peers would remain Members of this House, the Bill makes provision to prevent any future hereditary Peers taking a seat, though it makes no provision to exclude from its scope holders of two of the great offices of state, who currently sit as Members of this House: the Earl Marshal and the Lord Great Chamberlain.
The nub of the debate today is that by removing hereditaries from this House over time, many of whom play an important role in our work, we would become de facto an appointed Chamber. That would be a very significant step and would clearly need to form part of a broader consideration of the role of the House, as was mentioned by the noble Lords, Lord Trefgarne, Lord Elton, Lord Norton and Lord Mancroft. As I have noted, I do not feel that now is the time to embark on that particular journey, given the many challenges that we presently face.
In summing up my remarks, I pay tribute to the noble Lord, Lord Grocott, for pursuing this important constitutional matter, and to those here today for their insightful contributions to this debate. While we see a strong case for introducing an elected element into our second Chamber, it is not a priority for this Parliament. As he may have gathered from my remarks, I must express reservations about the Bill. As I have mentioned, and perhaps this answers the point made by the noble Lord, Lord Anderson, the Government do not believe that now is the time for comprehensive reform, given the priorities elsewhere—not least, implementing the result of the EU referendum.
Lord Crickhowell (Con)
My Lords, I have been listening to the whole of this debate with interest. My noble friend talks about incremental changes but then says, “Oh gosh, we’ve got a lot of other important things to deal with, such as Brexit”. I cannot understand why this modest Bill, which would take very little of Parliament’s time, should in any way compromise the other major changes. I do not understand why the Government should resist this tiny but important and sensible Bill.
Baroness Chisholm of Owlpen
I thank my noble friend for that interjection, I think. However, we feel that this should be part of a larger reform, when that comes, but this is not the time to do that. On the other hand, the new Leader—
Baroness McIntosh of Hudnall (Lab)
My Lords, I apologise for interrupting the Minister, but perhaps she could explain why this Bill, which is small and incremental, is different from the other small and incremental Bills that the Government supported in the last Parliament, presumably because they were small and incremental, as she has already said?
Baroness Chisholm of Owlpen
It just would change the whole position of the House, and this is not the time to do that. What we want to do is to keep talking about this problem.
Baroness Chisholm of Owlpen
Let me finish. The new Leader looks forward to working with Peers to support incremental reform that commands consensus across the House. We feel that that is the way forward at the moment.
Lord Purvis of Tweed
I have just heard from a noble Lord that I have just arrived. I do not know whether he means in this House three years ago, before he did, or in this debate. I have sat through the debate from the start.
If, as the Minister said from the Dispatch Box, we will be talking about this problem, could that discussion be informed by the Government saying what areas they would not consider core to the composition of the House in order for us to decide where we could make some of these incremental reforms?
Baroness Chisholm of Owlpen
I think I have said all I am going to say on the matter in my speech. We are not taking forward reforms during this Parliament. However, as I said, the new Leader looks forward to working with Peers to support incremental reform that commands consensus across the House. Once again, I thank all noble Lords for their contributions today.
Lord Bowness
My Lords, before my noble friend sits down, may I—without reopening this debate or asking her to agree—at least confirm that she will convey to her colleagues in government at the very highest levels the concerns, expressed both by those who are in favour of the Bill of the noble Lord, Lord Grocott, and those who are against it, about the numbers being appointed by the Government? Whether they agree or disagree, will she at least convey those concerns and the fact that we believe the Government have a part to play in solving that problem?
Baroness Chisholm of Owlpen
I assure my noble friend that after every debate in this House that I take part in I go back to whichever department I am speaking for and ensure that all the points that have been made are taken in. I will certainly do that today.
Lord Mancroft
My Lords, I apologise very much for interrupting my noble friend again; she is doing a splendid job. When she passes on the message about your Lordships’ concern about the quantity of new Members of this House, could she at the same time pass on our concerns about their quality?
Baroness Chisholm of Owlpen
I think my noble friend has already done that because his remarks will be in Hansard. I am sure they will take note.
Lord Hayward (Con)
Before my noble friend sits down, I have not spoken in this debate but I echo the comments made by other noble Lords that we believe this House is already far too large and should be reduced rapidly.
Civil Society and Lobbying
Baroness Chisholm of Owlpen Excerpts(8 years, 3 months ago)
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Baroness Chisholm of Owlpen (Con)
My Lords, what an extraordinary debate—absolutely fascinating. I wish to declare an interest: I have a daughter who is a director of Hanover Communications, though I have to say we speak mainly about babies rather than lobbying.
I thank the noble Baroness, Lady Hayter of Kentish Town, for tabling this fascinating debate, and take a moment to pay a tribute to Lord Rix, who was also mentioned by the noble Baroness, Lady Jowell. He is going to be hugely missed for the extraordinary work he did with Mencap—and in the theatre. My first theatre experiences were going to the Brian Rix farces, which brought so much joy to us all. I also say that we wish the noble Lord, Lord Judd, a very speedy recovery.
The richness of the debate highlights the breadth of civil society expertise in this House and demonstrates the importance we all place on preserving and championing the vital roles of charities, trade unions and civil society within our democracy. I therefore welcome the efforts of the Lords Select Committee on Charities, chaired by the noble Baroness, Lady Pitkeathley. I know that many other of today’s speakers will continue to make a valuable contribution to the future work of this committee.
The noble Viscount, Lord Chandos, mentioned the role of the Office for Civil Society versus the Cabinet Office. I think this is the moment to say that this debate is focused on issues that cross departmental boundaries. The Cabinet Office remains responsible for grant-funding policy and the Transparency of Lobbying Act. It is the Office for Civil Society that has moved to the DCMS, where there are clear synergies, but obviously we all work in a joined-up way.
This Government are committed to supporting a healthy, diverse and sustainable civil society. Civil society is uniquely placed to respond to many of the social challenges we face and occupies a special place in our national psyche. Certainly, from the right reverend Prelate’s speech, it is clear how much the Church does in this area. The noble Lord, Lord Haskel, and the noble Baroness, Lady Pitkeathley, said that the Government need to pay heed to the voices of charities. Other noble Lords also mentioned this. The Government remain absolutely committed to engaging with and listening to charities. By way of one example, earlier this week, the charity sector leaders were invited to a round table with three Ministers to discuss the implications and opportunities for charities of exiting the European Union. I think that many charities feel anxious about how this is going to affect them, and it is very important that we engage with them from the beginning.
Charities fulfil many different important roles, from delivering public services, to supporting those in need, to raising awareness of particular issues. All these roles are important, and we are very keen to make sure that we are fully engaged. It is for this reason that we have recently reformed charity law with the Charities (Protection and Social Investment) Act 2016 and have supported sector-led changes to fundraising regulation. A sound legal framework provides the essential space in which charities operate. These changes are strengthening charities’ protection from abuse and helping to rebuild public trust and confidence in charity fundraising. I know that several noble Lords speaking today made important contributions to the development of these changes and I put on record my thanks for their involvement and commitment to supporting that vital work.
My noble friend Lord Patten mentioned problems with the National Trust. It is important to remember that members of the public, and indeed noble Lords, should raise these issues directly with charities where they feel that there are problems. Noble Lords have heard what my noble friend has said today about the National Trust; it is important that they engage with him on these subjects.
The noble Lord, Lord Griffiths, mentioned that charities need freedom to innovate and to provide evidence of what is happening on the front line. Certainly, charities are independent and the law recognises that. They are free to innovate and campaign to further their charitable purposes. There are many good examples of charities innovating with great success and where charities’ evidence has been heeded in government policy.
We work in close partnership with civil society to make sure that we deliver our vision for a bigger, stronger society. We are working together and there have been a number of significant achievements. I will highlight just a few of these successes. Last year, 3 million more adults volunteered than in 2010—a tremendous increase in the number of people giving up their time to support good causes. More than 200,000 young people have taken part in the excellent National Citizen Service. They are volunteers; they are not forced to take up these roles. Volunteering among 16 to 25 year-olds is up by more than 50% since 2010. Our social economy is thriving: 200,000 social enterprises now employ more than 2 million people and the UK is recognised as a world leader in social investment and social impact bonds. Social action contributes £34 billion each year to public services, reducing the pressure on public services such as the NHS and schools. We have recruited more than 6,500 community organisers, who act as local leaders bringing people together to take action on the things they care about.
Despite what some may think, the number of registered charities has risen since 2010; their income is up by almost 35% to more than £71 billion and their workforce has continued to grow. The noble Lord, Lord McKenzie, talked about NOAH; this shows just what a local charity can do. The noble Lord, Lord Foulkes, mentioned the importance of giving and philanthropy. The CAF World Giving Index 2015 ranked the UK as the second most generous nation in the world, up from eighth in 2010. This is indeed quite an achievement.
We will continue to support civil society with our ambitious agenda for the remainder of this Parliament. At the heart of this is our expansion of the National Citizen Service, guaranteeing a place for all young people and progressing with the NCS Bill. We are committed to scaling up social impact bonds in areas such as youth unemployment, mental health and homelessness and have launched the new £80-million life chances fund. This fund will catalyse many more social impact bonds, tackling complex social issues locally, including drug and alcohol dependency. We have proven the concept of social investment—the task now is to scale up the model, so we can help even more of our fellow citizens. To this end, we have built a five-year partnership with the Blavatnik School of Government at Oxford University to create a government outcomes lab. This will become a centre of expertise for SIBs and innovative government commissioning, by increasing the information, data, evidence and technical support available to commissioners to develop more SIBs locally. We are working ever more closely with businesses to support and enhance their socially responsible activity, with the particular priority of promoting employee volunteering in large companies.
My noble friend Lord Balfe mentioned charity accountability. Charities are publicly accountable through their annual accounts and trustees’ annual reports. These are publicly available on the Charity Commission’s website.
I turn to third-party campaigning, which was mentioned by several noble Lords, including the noble and right reverend Lord, Lord Harries, my noble friend Lord Balfe and the noble Baroness, Lady Scott. We need to strike a balance between the freedom to campaign and increased transparency of third-party campaigning during election periods. I think that we can all agree on the need for effective controls that limit the opportunity for groups to exert an undue or improper influence on government and help to make the political system more accountable. Lobbying plays an important role in ensuring that everyone’s voice is heard in Westminster, but lobbying must be transparent.
The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 is about giving the public more confidence in the way that third parties interact with the political system. Importantly, and quite rightly, the rules prevent any individual or organisation exerting undue influence on an election outcome. The Act was never intended to restrict the freedom to campaign by charities and other campaigners but instead to make the political system more accountable. Remaining above the party-political fray in all forms of communication is vital to maintaining public trust in charities and the important work that they do. Under charity law, charities have the right to undertake campaigning and political activity where it supports their charitable aim, where trustees consider it to be an effective use of charitable resources, and provided they do not engage in party politics.
I move on to the excellent and thought-provoking review done by my noble friend Lord Hodgson. The review clearly set out the need for regulation of third-party campaigning and recommended that some of the existing regulations be tightened—as my noble friend noted in his report, these recommendations interlock and are to be seen as a package. The report recommends some strengthening of the regulatory regime, such as clarifying the exclusion for supporters of the organisation and requiring campaigners to submit more detailed information to the Electoral Commission regarding their planned activities. My noble friend Lord Hodgson’s report is one of a number of reports that have been received following last year’s general election, including the Law Commission’s interim report and reports from the Electoral Commission with recommendations for change. It is obviously important that the Government consider all these reports carefully. I am sure that my honourable friend the Minister for the Constitution will pay close attention to the points raised in this debate as he considers the recommendations of my noble friend Lord Hodgson’s third-party campaigning review.
My noble friend wanted to know when the Government would respond to his report. I cannot make any promises but there are new Ministers in the post who will need to carefully consider everything. I am sure that they would be very happy to meet my noble friend to discuss his report; I will ask the Minister for the Constitution to provide an update to him.
I turn to the regulation of lobbying activity, which I know excites a lot of noble Lords in this House. We will of course discuss this in greater detail tomorrow. It is obviously the regulation for the activity of businesses and private interests. The statutory registry of consultant lobbyists is designed to shine the light of transparency on those who seek to influence the Government. It complements the existing transparency regime whereby Ministers and Permanent Secretaries publish details of their meetings with external organisations. Before the lobbying register was established, it was not clear from diaries alone whose interests consultants were representing. The register requires people who are paid to lobby the Government on behalf of others publicly to disclose their clients. The register also has enhanced scrutiny on consultant lobbyists, who must declare whether they subscribe to a code of conduct. Our aim was to avoid unnecessary regulatory burdens, not to establish top-to-bottom regulation of all who lobby. That is why we set up an appropriate and pinpointed way to ensure high levels of transparency in the specific areas of the lobbying industry where they were needed.
We believe that a statutory register of consultant lobbyists is a proportionate and appropriate approach to the identified issue—that it is not always clear whose interests are being represented by consultant lobbyists. Calls for extending its scope would duplicate a transparency system already in place. The lobbying industry has welcomed the continuation of self-regulatory codes of conduct and, to date, 130 lobbying companies have registered with the registrar. We will be talking about this further tomorrow, so I am not going to go into huge detail now.
The noble Lord, Lord Haskel, and the noble and right reverend Lord, Lord Harries, brought up the proposed anti-lobbying clause in government grants. The Government are committed to ensuring that taxpayers’ funds are spent on improving people’s lives and good causes, rather than on improper lobbying for new regulation or for more government funding. As the noble Baroness, Lady Hayter, mentioned, the anti-lobbying clause in grant agreements was never targeted at charities. The voluntary sector, which includes charities, makes up less than 7% of all government grant recipients. The collaborative process we built into the development of the anti-lobbying clause has enabled us to understand further its impact on the many and varied recipients of government grants. That led to a decision to pause the implementation pending further consideration of the wording of the clause and its effects. We are continuing to work with departments, academics, research organisations and the voluntary sector to ensure the effective implementation of this policy. This is taking time and changes will be announced and communicated in due course.
The noble Baroness, Lady Hayter, mentioned the chilling effect. It was never the intention of the grants clause to stop charities providing independent, evidenced-based advice to government policy through either giving evidence to Select Committees, or meeting with Ministers or officials to discuss the progress of taxpayer-funded grant schemes. The aim is to ensure that grant funding is used as intended.
The noble Baroness also mentioned that the grants clause stops charities from lobbying and from speaking out on behalf of beneficiaries. Restrictions in grant terms and conditions are not new. Existing terms and conditions limit the use of grants to activities set out in the grant agreement. Such restrictions do not stop charities from using other funding to support lobbying or political activity.
The noble Baroness, Lady Scott, also referred to the chilling effect. She said that charities were unsure about what compliance means in grants’ terms and conditions. It is robust, and mutually agreed that the grant agreements make clear to charities what delivery entails.
The noble Lord, Lord Lingfield, mentioned ineffective grant funding management. The Government are focused on improving its effectiveness and efficiency. This will ensure that we work more effectively with charities to deliver value to the taxpayer.
My noble friend Lord Balfe and the noble Baroness, Lady Hayter, mentioned trade unions. The Government recognise the role that trade unions have played and can play in developing the economy, maintaining positive industrial relations and supporting employers in upskilling their staff and in participating. However, we are determined that we must balance their rights with those of working people and businesses. They have their own right to expect that the services on which they rely are not going to be disrupted at short notice by strikes with the support of only a small proportion of union members.
Before I finish, I want to highlight the positive relationship between charities, wider civil society, trade unions and Government. The right reverend Prelate the Bishop of Derby mentioned this. Joined-up thinking is so important and the round-table discussions that he started in Derby are interesting. This is often the way forward. They get people together. It may not be with a specific charity, but it gets them thinking about how we might help people in their various neighbourhoods.
Looking to the past, there are many examples of where the Government have responded to the voice of the voluntary sector. I shall give just one. Towards the end of the last Parliament the Office for Civil Society launched a £20-million local sustainability fund. It came about as a direct response to concerns voiced by the sector—that small and medium charities were struggling more than many others to respond to the challenging operating environment. The noble Baroness, Lady Pitkeathley, mentioned that charities are finding it difficult. The launch of this fund will certainly help particularly the medium and small charities. It is now helping more than 260 charities to reform and secure the future of their services. I am sure there will be many more such examples of collaboration between the Government and civil society in the future.
I look forward to debating and discussing with your Lordships what more can be done to continue our support of civil society in the months and years ahead. In a debate such as this, it has been almost impossible to answer every point, but I assure all noble Lords who have spoken that I have made a note of what has been said and will take all these points back to the department. We will discuss and make sure that your voices are heard and I hope that we will have another debate where we continue the important work that has been mentioned today.
Queen’s Speech
Baroness Chisholm of Owlpen Excerpts(8 years, 7 months ago)
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The Lord Bishop of Southwark
I will make a number of points which I hope will be of value to your Lordships’ House and respond appropriately to Her Majesty’s gracious Speech. It is clear to me that Ministers in this Government understand freedom, as did their predecessors, as freedom in security. We have heard in the Queen’s Speech that we may expect legislation,
“to prevent radicalisation, tackle extremism in all its forms, and promote … integration”.
This may be necessary, but I have concerns about our ready desire to legislate solutions to problems where other avenues present themselves. The recent lowering tone and content in public discourse is an example. It diminishes sympathy and challenges what constitutes legitimate and proper boundaries for political debate. I agree with the Chief Rabbi that:
“There has been nothing more disheartening ... than the suggestion that this is more about politics than about substance”.
I am bound to observe, for example, that there were lapses of judgment during the recent mayoral election in London.
We need a politics of generosity that transcends such divisiveness, a narrative that does not engender fear, and I applaud indications within major political parties that recognise this. It was fitting that the cathedral church of a diocese—my own, as it happens—proud of its unifying role in an area of great ethnic and religious diversity should play host to the swearing in of the new Mayor of London. It is not a party political point to say that I welcome Sadiq Khan’s decision to start his mayoralty with a symbolic move that was both positive and unifying.
A good deal of the difficulty in drafting the Bill to counter extremism appears to lie in defining what is extreme and extreme in relation to what. Hitherto, it has been in relation to British values, but a proper definition of these values and a narrative around them has been lacking for some years. No such definition appears in the Government’s Counter-Extremism Strategy of last October. It remains to be seen whether measures other than those already available in statute and common law are required. What is lacking is a positive, attractive narrative or narratives, without which aspirations to integration are futile.
I say “narratives” because I am aware that this country has been fed by more than one tradition and that some of these are noble traditions of dissent. It remains a concern that in a rush to exclude the hateful and inflammatory, we also deny these traditions full expression. For example, the answers of Ministers to questions about whether people in this country have a right not to be offended have received ambiguous answers. People should not seek to offend, as I have made clear, but I do not believe we have a blanket right not to be offended. Such a right, if conceded, may be a comfort to some but it is not a British value. Constraints should be few. Democratic institutions are best undergirded when people are free to speak their minds fearlessly.
The security apparatus which operates to keep us safe is extensive. It already has that most un-British of features: provisions whereby a defendant may not see evidence used against them. At a time of crisis for this country, when the very state was under grave threat, Parliament passed the Treason Act 1695, giving defendants the right to see indictments in cases of high treason and any evidence pleaded with them. I know that practitioners argue the exceptionalism of the times. That those officers and officials charged with our safety seek additional powers is understandable, but this is not and never has been, until recently, deemed a sufficient criterion for granting such requests. As legislators, we should remember our previous sense of restraint and judge all such requests accordingly.
I will add just a few observations arising from the five major prison establishments in my diocese, including Her Majesty’s Prison Wandsworth, which I have visited twice in recent months. It features in current proposals for reform and last week was subject to extensive and alarming news reports. These were accurate but incomplete, failing to acknowledge the success of staff where it happens, including in the chaplaincy. None the less, the service we seek there and elsewhere cannot be achieved without the resources to deliver it. Cuts of a third have left their mark.
Indeed, if I may end where I began in your Lordships’ House, with a caution from my maiden speech in January 2015, the background to current pressures on our institutions is one of cuts in the public sector. Pressure on the voluntary sector has grown considerably. If it is to be contested that the resources available are finite, it needs to be remembered that the remarkable resources of voluntary endeavour are also finite and it is morally wrong to push them to the limit. I hope these thoughts on aspects of the gracious Speech are of some value as this debate progresses.
Baroness Chisholm of Owlpen (Con)
My Lords, I remind your Lordships that the advisory speaking time today is five minutes. If your Lordships stick to this, we should be able to finish by 10 pm.
Electoral Registration and Administration Act 2013 (Transitional Provisions) Order 2015
Baroness Chisholm of Owlpen Excerpts(9 years, 2 months ago)
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Lord Cormack
I am not obliged to give way and at the moment I am not giving way. I will in a moment. When we are debating the franchise for another place, we have to be especially careful how we exercise our judgment as well as our vote. I will give way.
Succession to Peerages Bill [HL]
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Baroness Hayter of Kentish Town
Could I just finish with this example? I am arguing that the Bill seems to be based on the continued assumption that women should not gain a title—recognition—because of what they have done but because of what a father, grandfather or great-uncle did. I give way to the noble Baroness.
Baroness Chisholm of Owlpen (Con)
I am sorry, my Lords, I think in this debate you cannot give way—you just have to keep going.
Baroness Hayter of Kentish Town
I am delighted to get that bit of advice. The assumption behind this—that because there are titled families the best way to deal with that is to pass the title, where there is not a man, to a woman—is, in the 21st century, the wrong assumption. As a feminist and on behalf of the other women here who have great experience in the trade union movement, for example, and who have won their spurs by their own efforts, I say that that is the way we should recognise women, not because of what their male forebears have done. If a woman wants a title, I say, “Do the same as anyone else. Go out and earn your spurs. Work in civil society, trade unions, business, academia, medicine or law”. That, surely, is the way to be recognised and to be valued in society. In the 21st century, that is the feminist way forward—not to inherit a title because of a male forebear.