(2 years ago)
Lords ChamberI am glad that the noble Lord also mentioned the communities in Australia and elsewhere. Of course, as I said, there has been a government ex gratia payment, which I believe was very important. Although the 1950s and 1960s were a long time ago, it is not too late to honour the brave people involved. Those looking at these cases in the round have difficult judgments to make but, having said that, the noble Lord is right that we should learn from mistakes. That is one of the principles I have brought into government with me: learn as you go along, because you can improve in almost every area of government.
My Lords, the noble Lord, Lord Howarth of Newport, is taking part remotely and I invite him to speak.
(3 years, 4 months ago)
Lords ChamberMy Lords, I bring apologies from my noble friend Lord Storey, who is in foreign parts but assured us, before he went, that he would be able to get connectivity and come in and join us on this and other amendments. He self-evidently is not here, so my noble friend Lord Addington and I will try desperately hard to fill the gap he leaves.
I support this amendment in the name of my noble friend Lord Storey and the noble Baroness, Lady Sherlock. He has been assiduous in his efforts to tackle cheating in all its forms. His research has resulted in a “Panorama” programme following foreign student colleges that collected large sums of money to accredit bogus students with qualifications, which were awarded by reputable awarding organisations that had taken their eye off the ball in their scrutiny of candidates and processes. It was horrifying to see how much money changed hands by falsifying student records and buying certificates with no shred of competence. We saw classes of foreign students who could barely say their names in English, with no language or professional ability, yet who, on payment, could obtain genuine certificates with utterly false credentials. Those awarding bodies have now been tasked and scrutinised, and had their processes significantly tightened.
This amendment is aimed at those who seek to part students from their money in return for validation that has no reality. Cheating has become easier in the technological age. It was more arduous when you had to go to a library and photocopy material—literally cut and paste—but there are those with money and very few brains who aspire to qualifications. It is in the interests of those of us who admire our education system that cheating is stopped, at all costs. If this is not already an offence, it should be. This amendment will ensure that those who seek to cheat in this way can be taken to task and it surely has a place in the Bill. I beg to move.
My Lords, I speak on the subject of cheating partly because I have a son who is an academic and I know what agonies this creates for conscientious tutors. I offer two insights. First, cheating at universities and elsewhere is made much easier by the prevalence of coursework, which means there could have been an increase during Covid, to add to our woes.
As the noble Baroness, Lady Garden of Frognal, rightly said, it is easier in the technological age. The safest thing is to base assessments on exams in person and, if that is not possible, to have tight turnaround times for papers, because that makes cheating harder. The penalties should also be clear—whether being chucked out of university or made to do another year—and whether they apply to essays, which are under examination with this amendment, or to exams only.
Secondly, it is an international problem. An amendment banning services in the UK, which this seeks to do, will just move these services overseas. It is an important issue and I look forward to hearing from the Minister about how it is best tackled. I very much thank those who have brought the amendment to the House today.
(3 years, 4 months ago)
Lords ChamberI have received a request to speak after the Minister from the noble Baroness, Lady Neville-Rolfe.
I rise to ask two questions, which I think have been answered. One is about microplastics and how they are covered by REACH; in writing to the noble Baroness, Lady Bakewell, it would be extremely helpful if the Minister could copy me in too. They are a genuine area of concern. Secondly, I want to pursue the idea of a business-led review of REACH, not to undermine environmental standards but to make sure that the nonsenses of this area are tackled. I would be very happy to talk to my noble friend about that.
(4 years, 4 months ago)
Lords ChamberThe noble Earl, Lord Caithness, has withdrawn. I call the noble Baroness, Lady Neville-Rolfe.
My Lords, it is always a pleasure to follow the noble Baroness, Lady Young of Old Scone. She is right about pace. I am sorry that we have lost the noble Earl, Lord Caithness; I think he sacrificed himself to help this important Bill make progress. I congratulate him on the earlier debate on Amendment 73 and his closing emphasis on the importance of sequestration in meeting any climate change targets.
I agree with the spirit of the lead amendment in this group, Amendment 105, in the name of the noble Lord, Lord Grantchester. I agree with him that the transition to a new funding system should not result in a reduction in the overall financial assistance provided for agriculture and associated purposes. However, this may go a bit far, given the disastrous impact of Covid-19; everyone, including the agriculture community, may have to make a contribution to recovery.
However, farmers will need continued support from next year, as we leave the CAP on 31 December, albeit for different functions. Farms are mainly small businesses. I understand the issues well, as my father was a farmer who went bust in the 1960s when his credit with the bank ran out—that was before the CAP changed everything. Farmers’ work is vital to the rural community, our landscape and our food webs, and a free market is not an option, particularly given the level of support for agriculture almost everywhere else in the world.
I refer also to Amendment 112 in the name of the noble Lord, Lord Grantchester, and to the similar amendment, Amendment 128, in the name of my noble friend Lady Rock. These would allow unspent funds allocated in one year to be carried over into future years. The Treasury, where I had the honour to be a Minister, will rightly never allow this. The wider ramifications for control of public expenditure are unacceptable and it could be a recipe for wasteful spending.
My main interest—perhaps “concern” would be a better word—in this group is Amendment 135 in the names of the noble Lords, Lords Lucas and Lord Addington. This seeks financial assistance for the provision of advice, with less emphasis than proposed on regulatory enforcement and penalties. Others assisting with the scrutiny of this Bill have talked about a revival of something like ADAS for this purpose. I do not support either proposal. What we need—I hope my noble friend the Minister will agree—is a professional implementation plan for all the new schemes, especially ELMS, with proper training and lead times, as you would find in a commercial context. It needs to be very clear and consulted on, with a view to successful, easy compliance and not just to satisfy interest groups. As much effort needs to be put into implementation as to policy formation. Much of that is, unfortunately, still to do, as the Lord, Lord Adonis, pointed out earlier.
We can learn from the initial failures in the health and safety context when the EU six-pack was introduced; that included things like manual handling, risk assessment and, indeed, PPE. It was burdensome and chaotic, providing opportunities for consultants, who flourished on the complications. There was uproar, especially in small businesses, but under a very able official, Jenny Bacon, the system was radically simplified with good guidance written by the HSE. The political heat went out of the issue despite the inevitable burden of these EU laws. The use of digital for documents and seminars for farmers and land managers makes all of this easier today.
I would be very happy to offer the Minister and his officials thoughts from my long experience at Tesco—I register an interest, as I am still a shareholder. Simplicity, clarity and training were essential to successful projects, whatever the scale. We do not want or need to set up a costly new advisory service, or to reimburse the cost of advice.
Finally, I do not agree with Amendment 232 in the name of the noble Baroness, Lady Bennett. Of course data should and will be collected, but this should be done as part of Defra’s normal research programme and in the context of a five-yearly review of food security .
(4 years, 5 months ago)
Lords ChamberMy Lords, I support my noble friends Lady Noakes and Lady Altmann and the strong case they have made for these amendments. Noble Lords may recall that at Second Reading on 28 January I expressed some doubts about the scale and nature of the penalties in this Bill, which include a civil penalty of up to £1 million. I am still concerned that increasing them, especially the new criminal element, will deter the respectable people we need from becoming pension scheme trustees.
The world has been changed by the challenges of the coronavirus, as we have just heard. According to Patrick Hosking in the Times yesterday, using figures from pension experts Barnett Waddingham, FTSE pension deficits have soared by £45 billion to £210 billion since the start of the year, so that companies that have a deficit are now a good deal further away from closing it. This is an enormous strain on mostly well-run companies and schemes and reflects years of low interest rates caused by QE and turbulent equity markets. Who would want to get involved in pension administration? Yet its success is at the heart of the British savings system and vital to the future livelihoods of millions of hard-working people, often of modest means, up and down the country.
The Bill rightly reflects the need to plug a hole revealed by the Philip Green case and the furious debate in Parliament before Sir Philip was persuaded to pay up. However, as is often the case with legislation that responds to scandals, it is wide-ranging and takes enormous powers. It goes too far in my view towards burdening business at the expense of other stakeholders. The result will be less willingness to become a trustee and more administrative and other costs for pension schemes paid for, in the end, by the unfortunate pensioners, and the risk of more businesses being pushed into the Pension Protection Fund. This is the background to my unease with Clause 107 and why I moved an amendment in Committee with the help of my noble friend Lady Noakes, and why I now support her and my noble friend Lady Altmann with these amendments.
The criminal offences in Clause 107 are widely drawn. They try to catch bad behaviour by anyone who might be involved. But I maintain that this may have appalling perverse effects, injecting great uncertainty into what is permitted behaviour by those involved in pensions administration. My principal concern is with trustees, having been one and knowing what fine judgments one is called to make, but also with financial advisers, actuaries, accountants, insurers, property consultants and even secretarial support, all acting in good faith. It is one thing to provide for criminal sanctions against an employer, but wrong to extend this in such a vague and general way. A number of suggestions were made in Committee as to how one might tackle this, but disappointingly the Government have not listened—or not so far.
These new criminal offences will have a chilling effect on trustees and others involved, as my noble friend Lady Noakes explained, and I ask my noble friend the Minister to agree to think again and to narrow the very wide offences in this Bill to provide some comfort, either in this House or when it proceeds to the other place.
Lord Naseby has withdrawn, so I call Lord Blencathra. No? I gather that there have been some problems, so I call the noble Viscount, Lord Trenchard.
(4 years, 5 months ago)
Lords ChamberMy Lords, as time is short, I will focus on my Amendment 60. A court of administration normally involves pre-packs, and that is why, with the support of my noble friend Lady Altmann, I want to provide a quick and easy way of ensuring that the power we gave HMG in the Small Business, Enterprise and Employment Act 2015 can be restored. This power was the victim of a sunset clause and a delay in making the necessary regulations. There are later amendments that we may reach today on pre-packs and the encouragement of the pre-pack pool. All of them reflect the fact that a group of us across the House who spoke at Second Reading, including the noble Lords, Lord Vaux and Lord Mendelsohn, think that we need early action on pre-packs. I imagine that we are all rather disappointed—although the usual opportunity for a discussion in the Bishops’ Bar is not available—by the Minister’s response at Second Reading. His suggestion was that strengthening professional standards and existing regulation would be adequate, and if not, there could be legislation at a future date —a sort of mañana.
My amendment is very simple: it would give the Government back the power to make the necessary regulation on pre-packs but it would sunset that power after a year, both to provide the incentive for speedy resolution of this issue and to avoid any unwelcome use of the delegated power for other purposes down the line. I would obviously be delighted if the simple sunset clause I have used in Clause 62 might also help us to consider and find a path to resolving some of the important delegated powers issues we were discussing earlier; I am very hopeful that the Government will be listening in that regard.
I hope that my noble friend the Minister and his department will listen to those of us who have concerns and agree to amend the Bill to deal with the pre-pack issue, perhaps in the way that I have proposed.
The noble Lord, Lord Adonis, does not seem to be in his place in the Chamber, so we will go to the noble Baroness, Lady Altmann.