Clerk of the Parliaments

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Monday 22nd February 2021 Lords Chamber

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, on 30 September I informed the House of Ed Ollard’s intention to retire from the office of Clerk of the Parliaments, with effect from 1 April. The recruitment process for his successor has now concluded.

The unanimous recommendation of the board was that Simon Burton should succeed Ed as Clerk of the Parliaments. His appointment follows an open and external competition, supported by employment consultants Saxton Bampfylde, which attracted a wide field of high-calibre candidates. A number of internal and external applicants were interviewed by a board consisting of me, the Lord Speaker, the Leader of the Opposition, the leader of the Liberal Democrats, the Convenor of the Cross Benches, and Dame Sue Owen—a former Permanent Secretary at the DCMS and Civil Service diversity and inclusion champion. I am sure that all noble Lords will join me in congratulating Simon on his appointment, and I very much look forward to working with him.

We will have an opportunity to pay tribute to Ed’s career in the House nearer the point of his retirement, when I will table a Motion in the usual way, enabling us to record our appreciation for his distinguished service. With Simon’s appointment, the post of Clerk Assistant will fall vacant, so an open recruitment process will now begin.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, it is a particular pleasure to welcome in due course and to congratulate Simon Burton on his appointment as Clerk of the Parliaments, which, as the current incumbent knows, is a demanding job. All of us who have worked with Simon over the years know of his calm sense, tolerance of our foibles, expertise in the ways and means of this unique Chamber, knowledge of legislation and procedure, and wisdom in his advice. But it is not just us who think this: as the noble Baroness has said, those attributes were tested, for the first time, against external, and I gather very impressive, candidates. It was a challenging hurdle for our new Clerk of the Parliaments to jump, but he did so with flying colours.

We welcome him to his new role and wish him well. Life is always challenging in this place, but with Covid, R&R and no doubt other surprises to come, he will never be bored.

Business of the House

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Thursday 4th June 2020 Lords Chamber

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, on 22 May the House of Lords Commission and the Procedure Committee agreed in principle that the House should begin hybrid proceedings from Monday 8 June. This Motion, which was agreed by the Procedure Committee yesterday afternoon, gives effect to that decision.

From Monday, noble Lords will be able to participate in our proceedings both remotely and, to a limited extent, from the Chamber. To allow social distancing, 30 Members will be able to take part from the Chamber at any one time. Only noble Lords participating physically in proceedings will be able to sit in the Chamber, although a small number of Members will also be able to observe from the Gallery on a first come, first seated basis.

In practice there will be few differences from how we have worked over the past few weeks. Noble Lords will still need to sign up in advance to take part in all items of business, including Oral Questions, Statements and the amending stages of Bills. As I mentioned earlier, noble Lords will be able to speak from the Chamber only if they have signed up in advance and their name appears on the speakers’ list. It will be assumed that Members will continue to take part in proceedings remotely unless they indicate otherwise, so, once they have signed up to speak, noble Lords must let the Government Whips’ Office know if they wish to be physically present. It will be for the individual parties and groups to reduce their number of speakers if more Members wish to speak from the Chamber than there are spaces.

The Procedure Committee will issue full guidance later today, and I urge all noble Lords to read it before Monday. The committee will keep the guidance under review as we make the transition and will of course update it if and when necessary.

I stress that, as more Members start returning to the House, it is imperative that our proceedings remain compatible with the public health guidance, particularly in respect of social distancing. This is not just for our benefit but for that of the staff who support us, many of whom will be coming into work from next week to support our move to a hybrid House.

I am pleased to tell the House that good progress is being made in developing our remote voting system. Training will be rolled out to Members next week and there will be full tests of the system. I ask noble Lords to please keep their eyes out for any information relating to remote voting, so we can help ensure that everyone can use the system once it goes live on 15 June.

I put on record my thanks to the Clerk of the Parliaments and the staff of the House for all the work they have done, including through two consecutive recesses, to ensure the House has been able to function as well as it has. It has not been easy at times, but we are all very grateful for their hard work. I also personally thank Victoria Warren, Ben Burgess and Anishaa Aubeeluck in the Government Whips’ Office for their incredible work over the past few weeks. We all owe them a debt of gratitude for helping to ensure our proceedings have run smoothly. I beg to move.

[Baroness Hayter of Kentish Town (Lab)]

I start by thanking the noble Baroness for introducing this and ask her to pass on our good wishes for a speedy recovery to her Cabinet colleague, the Business Secretary, whom we just hope does not have the virus. Even the thought of that is testimony to the good sense of the Leader’s Motion and the work behind it, which will enable this House to continue to function with all our Members able to participate, whether or not they are having to shield or isolate for any reason. It is vital for the work of Parliament. As I know the noble Baroness agrees, it really would not be fair to exclude any Peer on the basis that their age, their caring or other responsibilities, their or their family’s disability or other risk factors or the demands of public transport made it difficult or dangerous for them. In fact, maybe we have a lesson for the Commons in this respect.

Of course, the hybrid system cannot match our normal practice. That is one of the many fallouts from the virus, though less serious in its effects than others. In particular, we will miss spontaneous interventions—that might perhaps be a relief to Ministers—which is why, I am afraid, I have a specific plea to make to the Leader of the House.

As it will not be possible to press a Minister who has failed to respond to a point, there is an extra responsibility on every Minister to respond to the points made—something, I am sad to say, we have not always seen of late. Perhaps because there will be no comeback, we have seen some Ministers brush aside questions or concerns in a way that undermines our scrutiny function. Perhaps the noble Baroness could use her good offices to ensure that Ministers always address the points made or, if they really cannot at that moment, follow up with a letter—as indeed some Ministers do. It is a time of national crisis and we have seen information given to journalists, before Parliament and sometimes even straight to camera with no chance for questions. That is not a healthy way to proceed and, vitally at this time, does not make for good decisions. That is why what we do here remains of great importance.

We welcome the Motion and the ability to vote as well as speak remotely. I hope that the spirit of debate, accountability and questioning will be welcomed by the Government and that Ministers will take their responsibility to the House seriously.

Finally, I take this opportunity to thank the staff, and the Peers on the committees mentioned who have been involved in these changes, for all their work in making it possible. It seems they have thought of everything, even remembering to allow a Speaker to take Committee from the Woolsack rather than having to move—I love that level of detail. Careful marshalling is going on outside the Chamber in the walkways and facilities. All that does not happen by accident; it takes planning, but it also takes boots on the ground. I am very conscious that the staff I have seen here this morning—from the cleaning and facilities staff to the clerks and the PPO—have to travel by public transport to come here in order that we can continue to meet. Our thanks are due to them all and to the Government Whips’ Office, as the noble Baroness mentioned. I hope our thanks can be passed on to them all.

Business of the House

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Tuesday 19th May 2020 Lords Chamber

[Baroness Evans of Bowes Park]

That the topical Question for Short Debate in the name of Lord Cormack set down to be asked on Thursday 21 May be limited to one and a half hours not one hour.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, we are obviously very happy to support the Motion, but perhaps I could raise a related question on the allocation of time. Today in the Commons—I think more or less at this moment—there is an Urgent Question on last week’s negotiations on the UK’s future relationship with the EU. Personally, I think it is bad enough that an Urgent Question had to be requested by the Opposition in the other place, rather than the Government making a full Statement to the Commons after such an important set of talks. That is perhaps a poor comparison with the way the EU works: its negotiator reports to the European Parliament and to the press. However, at least it is happening in the Commons.

I think it has been agreed that we will have repeat of the Answer to that Urgent Question tomorrow in our House, but that provides for only 10 minutes in total—well below the 35 minutes that the Commons will have today. That is insufficient for this House to be able to fulfil its role of scrutinising what the Government are negotiating in these vital talks. That contrasts with what will happen later today, with 20 minutes for Front-Bench questions and 30 minutes for Back-Bench questions quite rightly allocated to a Statement on Covid.

Will the noble Baroness undertake to look at whether that particular Urgent Question repeat tomorrow—not all Urgent Questions—could be given more time because of its significance, or whether, as Leader of the House, she could find another procedure to enable us to look how the talks are progressing? I think I am right in saying, from the Written Statement from Mr Gove, that the Government are to publish some time this week their draft legal texts that they submitted to the European Union. If they were to be accompanied by a Statement so that we could have a debate on them, that might be a way round—or there could be a debate on one of the other EU reports. Could she give some consideration to whether there is a way of dealing with this vital issue?

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

I thank the noble Baroness. The Government, through the usual channels, have been extremely generous with time. We now have extra time for Private Notice Questions. As she rightly said, this Motion is about extending further time. I am afraid that we will not be able to look to give extra time tomorrow because we have a full schedule, but, as she well knows, there are discussions through the usual channels about business coming up. I am sure that that issue will be raised. All the parties have party debates. They can choose the topic, so there will be opportunities for parties to raise this topic if they wish. I am sure that there will be discussions in the usual channels. As the noble Baroness said, we have talked about this issue a lot in this House and I am sure that we will continue to do so. We will continue to give it the time that it deserves.

Covid-19 Committee

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Thursday 14th May 2020 Lords Chamber

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, in its first report of this Session, the Liaison Committee recommended that a new Select Committee be set up to look at the long-term implications of Covid-19. This Motion is the first part of the process to make that happen. I beg to move.

[Baroness Hayter of Kentish Town (Lab)]

I think that only two of us who are in the Chamber at the moment were on the Liaison Committee that agreed this proposal. Clearly, we welcome it; it went through very fast. It plays absolutely to the strengths of this House, which is why we thought it appropriate that we do it. Given the particular expertise in this House, whether on the part of those who have international experience or of those with experience in health or the Civil Service, it plays to all the strengths that we have. It was for that reason that we mentioned that we should look internationally—we were thinking about some of the international agencies that could or could not have been better involved—but also cross-department. We are very conscious that the House of Commons will look at specific angles; the idea was not to cover that but to look across government.

Certainly, from our side, but I think also from everyone on the Liaison Committee, we wish this committee well.

Business of the House

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Thursday 14th May 2020 Lords Chamber

[Baroness Evans of Bowes Park]

My Lords—

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I thank the Minister for introducing this Motion. I was going to say what my noble friend Lord Adonis just said. The broadcasting staff who have been working are unseen as we only get to hear their voices, but I hope that they hear our voices when we thank them as well as all the other parliamentary staff who are doing their usual work, because it has been extraordinary.

I only dipped into the Committee yesterday and I heard the particular point raised by my noble friend. But as far as that Committee went, I felt rather sorry for the Minister. Members seemed to be literally face to face and the Minister had to put up with quite a lot, particularly from the noble and learned Lords. He probably did not feel too comfortable with that. In terms of what is possible, it worked well at that stage, although I take the point that was made. I also thank the Procedure Committee for its decision to extend the time for Private Notice Questions. Because we are not having many Statements at the moment, they have become really quite important, and that extra time is welcome.

[Baroness Evans of Bowes Park]

I apologise to the noble Baroness for stepping up too soon—obviously I am not used to dealing with people any more either. I echo the thanks of both the noble Baroness and the noble Lord to the broadcasting team and indeed all the staff across the House. I have in fact been over to see their operation—at a safe distance—and thank them on behalf of us all. They are doing a fantastic job and we all greatly appreciate it.

On the noble Lord’s question, I am afraid that I cannot give a specific date on Virtual Proceedings. We have a commission meeting at the end of next week, which I think will finalise the details so that things can move forward. It will take a little bit of time after that for the House authorities to set up the screens and so on. I assure the noble Lord that we are all very keen to move to a hybrid House, not least for some of the issues that he raised. We will do it as soon as we can after Whitsun, but I do not want to put undue pressure on the authorities by giving him a date now—I cannot. After that commission meeting, I am sure that we will provide further information to Members; we will of course keep everyone updated.

The noble Lord is absolutely right: as I said, remote voting is being developed. The party leaders and usual channels have had a practice and a look through the House of Commons system, which seems pretty simple to me. I cannot speak for our colleagues down the other end. I am sure that your Lordships will master the technology very well. It is, I believe, a good system, and work is ongoing to build that. Again, we are doing it at pace because, as he rightly says, we will have votes coming up and we need to make sure that your Lordships’ House is in a position to register its views on issues. As a Government we obviously want to move forward with our legislative agenda, so it is in all our interests. I assure him that work is ongoing and we are again looking to bring it in as soon as is practicable after the Whitsun Recess. We will keep Members updated with timings when I can be specific.

Brexit

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Monday 25th March 2019 Lords Chamber

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, in repeating my right honourable friend the Prime Minister’s Statement, I have already given the Government’s position on next steps. Therefore, to avoid repetition and detaining the House further, I propose that we move straight on to the speakers’ list for the Motion standing in my name. I beg to move.

[Baroness Hayter of Kentish Town (Lab)]

I thank the Leader for repeating the Statement. My guess is that it was through gritted teeth, given that we are not leaving this Friday. However, that Statement leaves us no wiser, no more confident and no less ashamed to be led by a Government and a Cabinet unable to lead, to unite, to listen or to put the national interest first.

But first, a confession: 10 days ago, when we were debating the Private Member’s Bill of my noble friend Lord Grocott to end by-elections for hereditary Peers, I noted that I was not here by virtue of the achievements or wisdom of my father. Perhaps I misled the House, because I learned from my much-loved father—and maybe it was his wisdom that, in one way or another, got me here—a tale he told me when I was eight or nine, which has stayed with me. It was about a passing-out parade—he was in the military—where one proud mother, viewing the march, sighed, “What a shame that my son is the only one in step, and all the others have got it wrong”. It does not take much imagination to hear the remaining supporters of our Prime Minister echoing the same: “What a shame that only she is right and all the others have got it wrong”.

Who are the others? They are the Church, business, the CBI, the TUC, the Government of Wales, the people of Northern Ireland, your Lordships’ House and, significantly, the EU, its Commission and 27 leaders of member states. That is quite a roll call to dismiss. The 27 Prime Ministers or Presidents from across the continent are experienced in governing, politics, negotiating and consensus-building. The Archbishop of Canterbury—whose task of uniting 85 million Christians worldwide the Prime Minister has made look like a walk in the park—has launched five days of prayer as we approach Brexit. Business—the people importing and exporting—knows the cold reality of tariffs, non-tariff barriers, checks, delays, transport and handling costs, and also the need for legal, banking and contract certainty. The TUC and the CBI, which we normally call two sides of industry, have quite exceptionally joined together in the light of the “national emergency”, in their words, to warn that a no-deal,

“shock to our economy would be felt by generations to come”.

The First Minister of Wales is imploring the Prime Minister to work on a cross-party basis to amend the political declaration, not the withdrawal agreement, and then to negotiate with the EU to adapt the framework. Gibraltar and UK citizens abroad will feel the reality of a no-deal exit in hours or weeks of departure. Your Lordships’ House is staunchly against no deal and repeatedly in favour of a customs union. The Opposition have spelled out our alternative approach and are open to continued EU trade via a customs union and single market alignment. The Commons—the elected Members steeped in their own communities, their businesses, people, trading and academia—are knowledgeable about the realities of a chaotic or ill-designed Brexit. The Prime Minister’s senior colleague Philip Hammond says that a no-deal Brexit,

“would cause catastrophic economic dislocation in the short term and in the longer term it would leave us with a smaller economy, poorer as a nation relative to our neighbours in the European Union”.

But the Prime Minister ignores all these. She continues to threaten no deal and, instead of talking to them, invites to Chequers Jacob Rees-Mogg, Steve Baker, Dominic Raab, David Davis and Iain Duncan Smith—the very people who have been writing her script for two years and now will not support her deal. Oh, and I forgot Boris Johnson, who seems to think we have an implementation period without a deal. No, ex-Foreign Secretary, no deal means no transition period. He does not even understand that—and these are the people who our Prime Minister heeds.

Now, to avoid no deal, we need the Prime Minister to listen to those she has ignored and to amend the future framework, even at this late stage. The FT’s Jim Pickard commented today:

“It’s March 25, 2019 and MPs are about to have multiple votes on what kind of Brexit we might have. If you’d told people this two years ago they’d have thought you were out of your mind”.


We do, however, have a breathing space, the Prime Minister having been thrown a lifeline—albeit just 14 days—by the European Council. It will be only a breathing space, and not a suffocating pause, if we open a fresh approach to our future relationships with the EU, an approach shorn of the Prime Minister’s disastrous red lines. We know that this is possible: Michel Barnier said that the political declaration that sets out the framework for our future relations could be made more ambitious in the coming days, if a majority in the House of Commons so wishes.

The Prime Minister, however, appears bent—we have heard it again just now—on trying to flog her very dead horse. For some of us her deal, which has been overwhelmingly rejected twice by MPs, is the Monty Python parrot. Here we are, however, in the last chance saloon, so our MPs must be heard and their preferences set out. This is in the national interest and is the democratic way forward. Despite the most extraordinary view of the ERG’s Steve Baker, who claimed that “national humiliation is imminent” through these indicative votes—his way of listening to elected politicians—

Lord Speaker: Powers

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Thursday 31st January 2019 Lords Chamber

[Baroness Evans of Bowes Park]

The noble Baroness will be aware that aspects of the Lord Speaker’s role were considered by a group on working practices, chaired by my noble friend Lord Goodlad, which produced a report in 2011. In subsequent years, the House took various decisions on its proposals, including deciding not to change the role of the Lord Speaker at Question Time. As I said in my original Answer to the noble Lord, Lord Grocott, I believe a discussion will be had in the Procedure Committee. If any recommendations are made, it will be for the House to decide whether it wishes to support them.

[Baroness Hayter of Kentish Town (Lab)]

The important thing is that this is done; it is not good for it to fester. The word “timely” was just used, and this is a point we should consider. I would like to make a minor correction. If I understood the Leader of the House correctly, she said that the Chief Whip or somebody else had to intervene 13 times—I think that means from the Dispatch Box. The number of hands pushing and indicating is way above that. We have to recognise that this happens far more often than the figure of 13 perhaps suggests.

[Baroness Evans of Bowes Park]

The noble Baroness is right: that is interventions from the Dispatch Box. Generally, though, as we have said, I believe that Question Time works, that noble Lords show respect and courtesy towards one another, and that self-regulation is an important characteristic of this House.

European Union (Withdrawal) Bill

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Ping Pong (Hansard): House of Lords
Wednesday 20th June 2018 Lords Chamber

[Baroness Evans of Bowes Park]

My Lords, on Monday evening this House voted to send Amendment 19P back to the other place because, as noble Lords supporting it made clear during the debate, they wanted to guarantee that the other place had the chance to consider that amendment. The other place has now had that chance and has voted to reject Amendment 19P, by a majority of 16, and to offer in its place the Government’s amendment. As noble Lords will be aware, this issue is the only outstanding point of difference on the Bill after many months of intensive scrutiny by both Houses. We and the House of Commons have debated this issue on multiple occasions. Where we stand today demonstrates the movement that has happened as a result.

As I outlined to the House on Monday, the amendment before us again today provides that, if Parliament rejects the final deal we make with the EU, the Government must bring forward not just a Statement but also a Motion. This will guarantee an opportunity for both Houses to express their views on the Government’s proposed next steps. The amendment also covers three sets of circumstances in which that opportunity would arise: should Parliament reject the Government’s deal with the EU, should no agreement be reached, or should no deal be agreed by 21 January 2019. As my right honourable friend the Secretary of State said earlier today, the amendment sets out in law a formal structure for Parliament to express its views in each of three possible scenarios set out. Importantly, the amendment also passes the Government’s three tests: it does not undermine the negotiations; it does not change the constitutional role of Parliament and Government in negotiating international treaties; and it respects the result of the referendum.

Respectfully, I submit that your Lordships’ House has done its job. We asked the House of Commons to consider this issue again. They have done that. They have rejected our suggestion and supported the Government’s amendment. I believe that our role is now to accept their view as expressed in the vote only a few hours ago. I hope that noble Lords, whatever their personal views on the issue at hand, will agree. In conclusion, I think we should reflect for a moment, as a House, on the milestone that the passage of the Bill will represent. This House and the other place have spent 11 months considering the Bill line by line. It is better for that work. The Bill’s passage will mean that the UK has the tools it needs to preserve the statute book after exit day, but it is not the end of the process of legislating for Brexit: this House will continue to play a critical role in the months and years ahead and I, for my part, know that it will be more than up to performing this task and complementing the work of the other place. I beg to move.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, the House of Commons has done what we had hoped: they have considered and debated our meaningful vote amendment. They have not done what some of us hoped and agreed with it, but I think we should celebrate how far we have come on this issue since the Bill arrived in this House. At that stage, there was absolutely nothing in the Bill about a vote, meaningful or otherwise, on the withdrawal deal and there was no mention of no deal. All the Prime Minister had said was that there would be a vote in both Houses on a deal. There was no commitment to that in law and the result of such a vote would have had no legislative consequence. The vote would have simply been on a Motion, which could be ignored—I will not go into whether it would have been amendable. Any such vote in this Chamber would have been particularly meaningless, as either we would have felt obliged to vote the same way as the Commons, whatever our view, or we would have voted differently and then been ignored, both of those, of course, being meaningless for this House, because as my noble friend Lord Grocott rightly feared, if there were two votes, one in each House, it would raise the question of the primacy of the House of Commons.

So that was all we had: the promise of a Motion but untied to any legislation. What we now have in the Bill is that the withdrawal agreement, including the framework for the future relationship, can be ratified only if it has been approved by the Commons and debated here. That is a legislative requirement akin to the Article 50 requirement for a vote in the European Parliament. That is a major concession. It would not have been there without the hard work of the noble Viscount, Lord Hailsham, without your Lordships’ commitment to ensuring that this matter was in the Bill, and without us sending the amendment back on Monday.

However, I have a query about what would happen if there was no deal, as to my mind the rather extraordinary last-minute Written Ministerial Statement, as a result of which Dominic Grieve seems to have felt that he could support the Government this afternoon, does not really clarify things. I am not sure what it means. Will the Motion be amendable? Liam Fox is already out and about, briefing that actually there is no change as a result of that. To me, it reads that it still leaves it to the Speaker to decide whether or not it is sufficiently neutral to be amendable. So it is not actually an undertaking that such a Motion will be amendable. Perhaps the Leader could shed a bit of light on the significance of what made such a difference to the right honourable Dominic Grieve.

In the meantime, with the catalogue of changes to the Bill outlined by my noble friend Lady Smith on Monday and the insertion of parliamentary approval of the withdrawal deal agreed today, I hope even the Government will recognise the vital role played by your Lordships’ House, and that our detractors, particularly in parts of the press, will realise that it is our role to ask the Government, and the Commons, to think again. We have done that, and to quite a large extent we have been heard.

European Union (Withdrawal) Bill

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Monday 18th June 2018 Lords Chamber

[Baroness Hayter of Kentish Town]

My Lords, I can be very brief, because the noble Lord, Lord Newby, has noted exactly the same words as I have—“at pace”. These words alarmed me, because although some of us feel that we worked very hard on this Bill, it is as nothing to what the people on those committees will be doing. I wish them luck.

My question is related to that: when are we expecting the first of these SIs? Now that we have this, we need to move fairly fast to set that up. I very much hope that the colleagues sitting on the other side of the Leader will accept the Motion that we passed today. In that case this would be our last meeting on this Bill. We have already thanked the Bill team again, but it would be wonderful if they did not have to come back. In the meantime, they have at least another day’s work. For the members of these committees, however, their work has just started.

[Baroness Evans of Bowes Park]

My Lords, the Government’s amendments deliver to this House parity with the Commons, ensuring that all the expertise concentrated here will be properly available to provide proper scrutiny of the SIs that come under this Bill. The noble Baroness asked about timing. Once this Bill receives Royal Assent, SIs can obviously start to be tabled. Therefore, we are not quite there yet, but like her I hope that we will be very soon.

These amendments will also ensure that any Minister who disagrees—and I may have misspoken in my opening speech by saying “agree” when I meant to say “disagree”; I put that on the record for clarity—with the recommendations of one or both of the sitting committees has to explain themselves.

I can certainly assure the noble Lord, Lord Newby, that the Government will play their part in ensuring that we have a functioning statute book, and indeed the proposal that has come forward under this amendment—to have two committees in order to expand the work on secondary legislation—will also give the House the ability to do its side of things. We will certainly be working together to make sure that we have the functioning statute book that we want. On that basis I hope that noble Lords will agree with the proposition that the Government have put forward.

Crown Dependencies

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Wednesday 19th July 2017 Lords Chamber

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, if we cannot have order, we will have the Labour Front Bench.

[Baroness Hayter of Kentish Town]

Oh, I bring order to chaos! My Lords, the EU Committee has published a report on Brexit and the Crown dependencies, along with many other excellent reports, and we are still awaiting government responses to them. I am tabling lots of very serious Questions to try to get the best out of Brexit. Despite what the former Leader of the House says in HuffPost this morning, we are trying to get information. Therefore, can the Minister try to get government responses not just to these reports but to the Written Questions? Those of us who are trying to move forward seriously on this need that information.

Public Schools: Charitable Status

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Tuesday 28th June 2016 Lords Chamber

[Baroness Evans of Bowes Park]

The noble Lord is right: we want to encourage partnerships. That is why the ISC’s 2016 census has included an expanded set of questions about partnership. These data will be shared in aggregate and non-attributable form with the Charity Commission, which over the summer will carry out research into independent school engagement with partnerships, working across sectors, so that we can learn from best practice and see exactly what is going on.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, when we debated the Charity Bill, as a result of our amendments the Charity Commission agreed to look at this issue, because public schools have charitable status only by virtue of providing benefit to the public. Can the Minister give us an update on the Charity Commission’s review, which it undertook to conduct as a result of our amendments, and let us know what its current thinking is?

[Baroness Evans of Bowes Park]

I will need to get back to the noble Baroness about that review if it is not the same as the research that I have just mentioned— a report that will be produced over the summer and then published. I know that the ISC and the Charity Commission have encouraged independent schools to disclose in their annual reports the nature and detail of their public benefit, working through partnerships and collaborative projects. But I will write to the noble Baroness if I have not answered her question.

Housing and Planning Bill

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Monday 11th April 2016 Lords Chamber

[Baroness Evans of Bowes Park]

Yes, that is the Government’s intention.

In addition, putting the regulatory provisions on the face of the Bill would prevent them being changed, should they be found not to work effectively in practice, and further primary legislation would then be required. The Government believe that regulations such as those proposed are better made by secondary legislation so that they can be amended more easily should that be necessary. It is important to ensure that any regulation of electrical safety can be kept up to date.

Amendment 84 would define electrical safety standards for the purposes of this legislation as standards regarding both the installations for the supply of electricity, and electrical fixtures, fittings or appliances provided by the landlord. Any requirements introduced for electrical safety standards in private sector properties will be based on the findings of our committed further research.

Amendments 86 and 88 would mean that any regulations would require someone who is “competent” to carry out any necessary checks or produce any required certification, instead of someone who is “qualified”. Electrical safety is a very technical and potentially dangerous area, so it is important that the person who conducts any checks or produces any documentation has the necessary skills and experience to do so. This will be defined through any regulations and we believe that the term “qualified” allows for this.

Amendments 90 and 91 would allow requirements to be set for landlords to produce a certificate or a condition report, or both, instead of just a certificate. The amendments are unnecessary. A certificate will be defined through any regulations and will ensure that any documents provided are sufficient to tell the tenants that the property is safe and meets the required standards.

Amendments 83, 85, 87 and 89 would require the Secretary of State to introduce regulations for electrical safety in the private rented sector regardless of any of our findings from further work and discussions with stakeholders. The noble Lord, Lord Campbell-Savours, and others have talked about the difference between “must” and “may”. “Must” precludes any discussion with stakeholders; “may” allows us to design the way forward as part of our research. It would not be appropriate to pre-empt the results of our planned further research. Any introductions must be balanced and will be determined following extensive investigations of the effects of such requirements and further engagement with the sector.

I hope that the steps I have set out show the importance of these amendments and the Government’s commitment to protecting tenants. As I have said, we intend to bring regulations forward. With these assurances in mind, I ask that the government amendments be approved and that noble Lords do not press their Amendments 33 and 83 to 91.

[Baroness Hayter of Kentish Town]

My Lords, I thank both my noble friend Lord Campbell-Savours and the noble Lord, Lord Tope, for their interventions. I shall repeat what the Minister said to make sure that I, Hansard and everyone else have it absolutely right. I think she said that the Government intend to bring forward regulations. I see nods on the Government Benches. I think she answered yes to the straight question—I do like straight answers to straight questions—about our change from “may” to “must”. I disagree that “must” precludes discussions with stakeholders; nevertheless, the assurance about intent and the word “yes” are great reassurances.

Housing and Planning Bill

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Tuesday 22nd March 2016 Lords Chamber

[Baroness Hayter of Kentish Town]

My Lords, I support the amendments proposed by the noble Lord, Lord Tope. I was surprised when he said we have had a Mayor of London for 16 years—the establishment of that position was another great step forward by a Labour Government.

It is absolutely appropriate that the mayor—the only politician with a London-wide executive mandate—has these powers. The amendment sets out a framework in which he can make an order, including who he must consult and how the proposal should be dealt with. It is effective and time-constrained and should not cause any undue delay. It reflects the mayor’s mandate and we think it strikes the right balance, enabling him to help drive forward the development of our great capital city.

[Baroness Evans of Bowes Park]

I am grateful to the noble Lord, Lord Tope, for his comments on these amendments, and to the noble Baroness. I hope I will be able to assure your Lordships that the Mayor of London will continue to play an important role without the need for these amendments.

New Section 59A of the Town and Country Planning Act 1990, inserted by Clause 136, makes it possible for permission in principle to be granted on sites allocated within local development plans, neighbourhood plans and the new brownfield register, and the choice of when to do this will be a local one. Let me be absolutely clear that the Secretary of State will have no direct role in choosing specific sites to grant permission in principle to. In the same way that the Secretary of State maintains oversight of the existing development order-making powers under Section 59 of the Town and Country Planning Act 1990 to ensure consistency of how the planning system functions across England, he must maintain oversight of how the permission-in-principle system will work.

Amendment 92B would effectively set up different planning systems between London and the rest of the country by giving the Mayor of London the ability to change the process for permission in principle. We believe that introducing inconsistency into the system would be undesirable.

I reassure noble Lords that there are a number of ways in which the Mayor of London will be able to play an active role in influencing the granting of permission in principle in London. The London Plan will be able to set policies that will influence which sites are suitable for a grant of permission in principle. The mayor will also be a key statutory consultee during the plan preparation of any borough in London. Furthermore, where a mayoral development corporation is in place, the plan for that corporation can allocate specific sites that could be granted permission in principle. Mayoral development orders can also now be used to grant planning permission for site-specific development in London.

The noble Lord also asked whether the mayor would be able to call in applications for technical details consent. The answer is yes: the mayor can call in applications, including the new technical details consent, when the planning application is of potential strategic importance. He can also do this for an application for permission in principle. I will see if there is any further information that I can provide the noble Lord with in writing, but I hope that on the basis of what I have said he will withdraw his amendment.

Women: Representation

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Tuesday 8th March 2016 Lords Chamber

[Baroness Evans of Bowes Park]

My noble friend Lord Lexden makes a very good point and I am happy to agree with him.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, the first aspect of women becoming involved is surely the ability to vote. But between March 2014 and December last year, 750,000 people dropped off the register. Can the Minister tell us how many of those are women and can she commit the Government to taking all action possible to make sure that women—and men—are back on the register in time to vote in the European referendum in June of this year?

[Baroness Evans of Bowes Park]

I absolutely agree that we want to encourage as many young people to vote as possible. I am afraid that I do not have the figures that the noble Baroness asked for but I will happily attempt to find them for her. But what is also important is not only that people vote but also to make sure that the organisations that they vote for are representative of the general population, which is why it is great news that we have the most gender-diverse Parliament at the moment. But we need to encourage more women to get involved in public life, particularly at local authority level, where only 31% of local councillors are women.

Student Loans: Muslim Students

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Thursday 3rd March 2016 Lords Chamber

[Baroness Evans of Bowes Park]

As I said, the Government did a consultation in 2014 and are continuing to work closely with experts in Islamic finance to develop the product but, at the moment, the Secretary of State does not have the power to just introduce it. We need primary legislation, which is why we are hoping and looking for a suitable opportunity to bring it forward.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, given that the student maintenance grants are now to be ended, this will be far more urgent because it means that a whole swathe of students will not have grants available to them. It really is not any good saying that the Government have been doing this for two and half years now; it has to be in place by the time the grants are withdrawn. Can we have that commitment from the Government?

[Baroness Evans of Bowes Park]

As I said, we will be looking for a suitable vehicle with which to attempt to introduce the system. There is strong interest in it: of the consultation responses, 94% believed that there would be demand for such a system and 81% thought that the proposed scheme being developed was acceptable. We of course want to ensure access for all students to higher education, which is why we would be the first Government to introduce such a scheme, but we need primary legislation to do so.

Higher Education: Disabled Students

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Monday 18th January 2016 Lords Chamber

[Baroness Evans of Bowes Park]

I thank the noble Lord for his question. As I have said, BIS officials are working hard with universities and organisations to make sure that disabled students receive the level of support they need. We are certainly going to be encouraging providers to publish data on their provision for disabled students. We have seen an increase in the number of disabled students accessing higher education, a trend that we are very proud of and want to see continue. We are determined to work with higher education institutions to make sure that disabled students continue to get the level of support they need.

[Baroness Hayter of Kentish Town (Lab)]

I do not know what the Government have got against students. They take away their maintenance grant and now they are going to cut some £65 million which has been providing non-medical help for disabled students. What assurances can the Minister give that the smaller institutions, or indeed those like the Open University which have done the most to attract and service disabled students, will be able to continue providing help without that funding? Further, what assurances can she give that students of whichever organisation they go to will get the help they need at a consistent level?

[Baroness Evans of Bowes Park]

As I have already mentioned, our higher education institutions have a responsibility under the Equality Act 2010, and we are working closely with them to ensure that disabled students continue to get the high-quality support they need. We have seen the institutional income of universities go up from £23 billion to nearly £24.5 billion, and it is forecast to go to £31 billion by 2017-18. We believe that it is right that the responsibility for supporting disabled students, whom both we and universities want to encourage to attend, is spread between universities and the Government.

Sir John Cass Faculty of Art, Architecture and Design

Debate between Baroness Evans of Bowes Park and Baroness Hayter of Kentish Town

Thursday 3rd December 2015 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I turn the attention of the Minister to the other bit of the Question, which is about the physical building in this ancient area of Aldgate, just beyond the Roman and medieval city walls. What steps can the Government take to preserve this building? It and the Whitechapel Gallery alone have survived the replacement of our physical heritage by ever-more anonymous, overpriced sky-scrapers, which serve neither the local community nor the built environment.

[Baroness Evans of Bowes Park]

I am afraid that this is not a matter for the Government. As I said in my original Answer, the Higher Education Funding Council expects any university to take appropriate professional advice when engaging in any major sales of its estate.