Council of Europe Convention on Access to Official Documents

Baroness Gardner of Parkes Excerpts

Tuesday 20th July 2021 Lords Chamber

[Lord True (Con) [V]]

My Lords, the noble Lord would not expect me to have access to any such file, and we do not comment on security matters in any case.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, given that England, Wales and Northern Ireland already have the Freedom of Information Act in place, could the Minister comment on whether, after 20 years of that Act, it is due for review to assess its effectiveness and whether it needs to be broadened to cover other bodies?

[Lord True (Con) [V]]

My Lords, other bodies are covered. If I said that it was time for a review, people would immediately say, “Oh, they are planning to do something different to what we have now.” There are no current plans for a review. Obviously, every piece of legislation is constantly kept under consideration both by Parliament, including your Lordships, and by those responsible for conducting government business, but currently there are no such plans.

People with Disabilities Standing for Elected Office

Baroness Gardner of Parkes Excerpts

Monday 22nd March 2021 Lords Chamber

[Lord True (Con)]

My Lords, I will not pursue the noble Lord’s political allegations. This Government have a desire, which I hope all parties share, to avoid all fraud in elections. In the Covid situation, we need to take action, including late emergency proxies to enable all to cast their vote.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, what steps are the Government taking to monitor the number of disabled candidates in the forthcoming elections? How will they use that information to inform government strategy to ensure that more disabled people stand for election?

[Lord True (Con)]

My Lords, my noble friend raises an important point. The Government are reviewing evidence on the best ways to encourage more disabled people to run for elected office. An empirical understanding of how many have tried and how many have succeeded is important. I gave some of the figures earlier, and I will provide more in my response to the noble Baroness, Lady Jolly.

Budget Statement

Baroness Gardner of Parkes Excerpts

Friday 12th March 2021 Lords Chamber

[Baroness Gardner of Parkes (Con) [V]]

My Lords, we are without doubt living through unprecedented times, and it is right that this Government should be supporting the public and the economy to help us navigate through these uncharted waters. While not a fan of taxes, I understand the need for the highest tax regime since the 1960s, but I hope that the Government will be flexible as and when needed if the opportunity to cut taxes arises in the future to boost the economy and help to rebalance the tax burden borne by the high street and the online economy.

Given the number of speakers today, I shall speak out in support of just one aspect of the Budget and ask that it be made permanent in future. I refer to the extension to universal credit by £20 per week for a further six months. This has been a lifeline to many since it was introduced, and can be the difference between keeping your head above water and drowning in debt. This pandemic has not hit everyone equally. Those on low or no income have really struggled financially, and this £20 a week has had a disproportionately positive impact on those who receive it, whereas others on a high income may see it as only the price of a nightly Deliveroo takeaway meal and inconsequential. I commend the Government for retaining it and ask that it be made permanent, as the fear of it being withdrawn is adding to the stress and worry of how people who receive it will manage as they emerge from this pandemic.

Ministerial and other Maternity Allowances Bill

Baroness Gardner of Parkes Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 22nd February 2021 Lords Chamber

[Baroness Gardner of Parkes (Con) [V]]

My Lords, my father was the world’s first Minister for Health and Motherhood in the New South Wales State Parliament in Australia. He introduced a child endowment, a form of family support, in the 1920s. I was a founding member of The 300 Group in 1980, with Lesley Abdela and others across the political spectrum, which encouraged equal representation of women in Parliament.

It is disappointing to see that, irrespective of the challenges women face getting into Parliament, we still have barriers such as these for women, should they choose to start or continue to have children once they are elected. Despite this, I welcome the intent behind the Bill, although I find it extraordinary that this issue is only being considered in the 21st century, with the Government lagging behind modern society. Most businesses adopted this approach long ago.

My concern runs deeper than merely timing, as the Bill does not go far or deep enough. The Minister made this point in his opening speech—to

“make clear that the Government are listening.”

I echo the view of Stella Creasy, MP for Walthamstow, that the right to maternity leave and maternity cover should extend to all MPs, and I would go further and say that it should also cover Ministers in the House of Lords. I am also sympathetic to calls for paternity, adoption and shared parental leave to be extended to both Houses—Ministers and MPs—so that they can, if they wish, spend precious time with their families while knowing that their jobs are being covered.

We all know the importance of family, and that those early days are formative. Once gone, you cannot turn the clock back. It feels wrong that we should be introducing a Bill at great speed for the benefit of one senior Minister when, with a little more time and effort, we could be benefiting many more without using up more parliamentary time. I urge the Government to give this benefit and choice to all parents in both Houses.

EU-UK Trade and Cooperation Agreement

Baroness Gardner of Parkes Excerpts

Friday 8th January 2021 Lords Chamber

[Baroness Gardner of Parkes (Con) [V]]

My Lords, I welcome that the UK and EU came to an agreement, albeit disappointingly late in the day, leading many to scramble to get to grips with what it means for them, their business and travel arrangements and even their pets. I welcome the co-operation agreement but there is still much work to be done to address the detail behind the 1,200-page document.

I was concerned to read in today’s Telegraph that Cornish fishermen’s catches are being left to rot due to the lack of proper paperwork. They need a European health certificate to prove that their fish meet European standards, which means that a Defra-approved vet must inspect the fish. This is a travesty.

I welcome the provision of reciprocal healthcare with the EU. Can the Minister clarify what countries are covered and who the new global healthcare insurance card will cover? The GOV.UK website guidance refers to some short-term visitors to the UK not being covered. I wonder whether this may also be the case for UK residents travelling to EU countries. It is important to know exactly who will be covered.

I recall just before we joined the European Union the dissatisfaction of Australians, of whom I am one, with the great difference in butter prices between there and the UK. This was due to a very old and long-lasting contract. I would think it wise in future contracts to have an element of review and renew.

UK-EU Withdrawal Agreement

Baroness Gardner of Parkes Excerpts

Thursday 10th December 2020 Lords Chamber

[Lord True (Con)]

My Lords, I find myself between a rock and a hard place, because many of those who have asked questions today have been critical of the Prime Minister for stating what he has said about sovereignty and the need to protect our right to control our borders, to make our own laws and to control our fish. That is a statement that he and the Government have repeatedly made: we ask the EU to recognise and negotiate with us in good faith as an independent sovereign nation, which is what we wish to be. On the other hand, the protocol recognises that we are seeking to be pragmatic, and there are many benefits that your Lordships have not brought out: export declarations have been put in the bin; we have protected supermarkets; and businesses will be able to use VAT returns as they do today, without any burdensome process for splitting some of the issues. So there are pragmatic positives. However, I must tell the noble Baroness that the Prime Minister should be taken at his word on what he is saying.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, I welcome the Statement and, in particular, the straightforward and clear way in which it has been set out. I am conscious that time is limited, so will focus on just the transition period of up to 12 months being granted to industries to ensure the continuity of supply of medicines and veterinary medication. These are vital supplies and I am pleased that they have been addressed at the outset. However, a period of up to 12 months might not be enough. I suggest that a minimum of, ideally, 12 months, with a review after six months, would be better, and I ask for the Minister’s view on this.

[Lord True (Con)]

My Lords, I will take advice on my noble friend’s suggestions of a six-month review. As my noble friend said, we have sought to secure agreement to a pragmatic approach not only on medicines but on other things in implementing the protocol, but it is particularly important in relation to medicines regulation. It will give industry the time and flexibility that it needs and ensure that medicines, including veterinary medicines, can continue to flow to Northern Ireland. Work is ongoing across government to prepare for the end of the transition period to which my noble friend referred, and we will publish further guidance for industry on moving medicines to Northern Ireland in the forthcoming period.

Parliamentary Constituencies Bill

Baroness Gardner of Parkes Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 27th July 2020 Lords Chamber

[Baroness Gardner of Parkes (Con) [V]]

My Lords, those on the margins are the most affected by the changes. There could be new MPs’ constituencies, and perhaps new local authorities, crossing existing council boundaries —made by an order but not yet fully implemented. That was what I understood from a statement in the Minister’s speech. Residents are closer to, and more affected by, the policies and workings of their local authority than by those of a Parliament from which they often feel quite remote.

There are 650 MPs, and the Bill aims to provide the electorate with certainty and confidence on this subject, without further delay. I support that. As the noble Lord, Lord Hussain, said, all should have the right to vote. That is all very well, but a lot of people do not exercise the right. In countries like Australia, where I come from, people have the right to vote, but it is compulsory, and they are fined if they do not vote. People there cannot say, as I find that people here often do, “Oh, it’s a bit wet—or cold—tonight; I don’t think I’ll go out.” It has got to be either one thing or the other. Either it is all voluntary or, if it is obligatory, that is a different matter. Residents really will benefit from the Bill, and I strongly support it.

Finance Bill

Baroness Gardner of Parkes Excerpts

2nd reading & Committee negatived & 3rd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Friday 17th July 2020 Lords Chamber

[Baroness Gardner of Parkes (Con) [V]]

My Lords, I feel privileged to speak in this debate today, particularly as my niece telephoned me this morning from Victoria, Australia, because of my birthday, for which I thank noble Lords for their good wishes. It was interesting to hear how Victoria, which is in its second lockdown, is suffering the same difficulties as Leicester. However, other states are doing more business than they did last year, so clearly the impact of coronavirus is a big problem.

It is important for us to feel that this is a matter of health. The National Health Service needs to be well supported, as do people’s social lives. People need to have contact with other human beings. The restrictions have been quite irksome, even for people such as me, who are under lockdown where we are living.

My niece told me that there is a different feeling between the economic and the social side, and it is the same here. People who would like to go back to work are finding that their premises are not necessarily available for them, which is extremely hard. The Government are aiming to change that. We do not want to face a terrible depression, which would do such tremendous damage. The spirit in this country has always been to survive; that is what we should be aiming at, and I believe that the Bill is doing that. The health issue is under control but will not be resolved until the day that an effective solution is found to deal with this particular virus.

I have always been involved in social and affordable housing and I really feel that it is the number one essential at the moment. Getting that going again will give employment and provide homes, which should be offered to people on favourable terms. Above all, people need somewhere they belong and that they feel is home. I support the Bill.

Wheeled Goods Vehicles

Baroness Gardner of Parkes Excerpts

Thursday 13th December 2018 Lords Chamber

Asked by

[Baroness Gardner of Parkes]

To ask Her Majesty’s Government what plans they have to repeal the exemptions from the requirement for wheeled goods vehicles to be fitted with sideguards.

[Lord Young of Cookham (Con)]

My Lords, under regulations made in 1986, most new heavy goods vehicles—HGVs—are required to be fitted with sideguards. There are limited historical exemptions—for example, a motor vehicle that does not exceed 15 mph, and fire engines—which were put in place for good reasons. Work is focused on amending regulations to ensure that where sideguards are required on new HGVs, these are retained and maintained. I anticipate that these proposals will be published in 2019.

[Baroness Gardner of Parkes (Con)]

The Minister may be aware that the typical cases at the moment are the mixers and tippers—heavy goods lorries that are exempt. It is the front wheel that hits you if you are on a bicycle and too near, but when you get dragged under the vehicle, the back wheel is the one that kills you. It is better to abolish this exemption, particularly as companies such as CEMEX, the Mexican cement-mixing firm, have deliberately and carefully put these barriers on, although they are not required; CEMEX is trying to persuade other cement people to do it. But would it not be simpler and better for the Government to just change the regulations? Is the Minister able to tell us figures for fatalities and casualties?

[Lord Young of Cookham]

I am grateful to my noble friend. Cement mixers are not exempt under the regulations, and since 2012 all tippers have had to be fitted with sideguards. On the figures, in London over the past three years, 70% of cyclist fatalities involved HGVs, so my noble friend is quite right to draw attention to this. I speak as someone who came in on a cycle. My noble friend asks about injuries. Of the 29 cycle fatalities and life-changing injuries in two years, 25 were caused by the cyclist being knocked over by the front or side of the cab; in other words, ahead of the sideguard. Once the cyclist is knocked over, the sideguards are of no value because they are two feet above the ground. So the Government have been focusing on other measures to improve vision and cyclists’ safety, as well as making sure that the existing regulations on sideguards are honoured.

Tenant Fees Bill

Baroness Gardner of Parkes Excerpts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 20th November 2018 Lords Chamber

Moved by

[Baroness Gardner of Parkes]

32A: Schedule 1, page 26, line 29, at end insert—
“Payment in respect of identity and immigration status checks
11 (1) A payment for or in connection with the costs associated with carrying out identity and immigration status checks on the tenant is a permitted payment.(2) But, in the case of a payment to a landlord, if the amount of the payment exceeds the reasonable costs incurred by the landlord for or in connection with the provision of the identity and immigration status checks, the amount of excess is a prohibited payment.(3) In sub-paragraph (1), a check on the immigration status of the tenant means the conduct of checks by the landlord pursuant to ensuring compliance with section 22 of the Immigration Act 2014.”

--- Later in debate ---

[Baroness Gardner of Parkes (Con)]

My Lords, I have moved this amendment simply because it is essential for people to know what they can be charged and what they cannot. The noble Lord, Lord Kennedy, commented at the end of his speech on just that fact: that people need to know. If something was in the guidance that would indeed be very valuable, but at the present time people have no idea what they will be charged.

A lot of people have no idea that they have to prove they have a right to be in this country. I am sure most of us remember the embarrassing start of this whole problem, when a very impressive member of the Government at the time found that she had not checked on someone she employed. That is where all this started. As I understand the situation, there is now a fixed amount that people would be asked to pay for such an official designation of their nationality and the rights they have here. People are often totally unaware of this.

I understand that overcharging should not take place—I am not for a minute suggesting that—but people will need to know that, to rent a property, they have to prove that they are an ordinary person entitled to live here and not limited in what tenancy they can undertake. That is the purpose of this amendment. I claim no expertise in the wording of it, as the Public Bill Office very kindly helped me. I would be interested if people have comments on that. The principle behind it is to enable people to know what is and is not legitimate. Whether it is the agent, the prospective tenant or anyone else who provides that necessary information, it costs. You do not get it for nothing; that is the problem. I feel that the Bill is rather restrictive at the moment. I beg to move.

[The Earl of Lytton]

My Lords, the noble Baroness has made a valid point. I recall some years ago having to check the identity of an applicant for a business tenancy, who produced a passport from a Commonwealth country which was in date but did not contain the crucial words in the out-of-date one, also presented, which described the bearer as having the right to remain in the United Kingdom. I have always felt very nervous about trying to sift through this, because of the penalties that can be visited on one professionally—in this case, it would have been on a client landlord—in connection with letting. Getting these things right and carrying out identity and immigration status checks cannot be left to the tea boy. They need to be done by somebody who knows what they are doing and can take responsibility.

This takes us back to the question of where the two-way street between landlord and prospective tenant should lie and whether it is right that the landlord provides a property that he has warranted as clean and tidy, fit for purpose, not unsafe and so on, and the tenant is responsible for the cost of verifying their bona fides, as the noble Baroness says in her amendment. It seems that that is fairly unarguable, particularly in London where there are people of so many different nationalities. A further issue that needs to be addressed, assuming that eventually this country will leave the European Union, is European citizens’ right to remain here. The noble Baroness raises a valuable point, and I look forward to hearing what the Minister says.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

I thank noble Lords very much and particularly my noble friend Lady Gardner for bringing forward this amendment. She does much work in this area.

I cannot accept the amendment because, as the noble Lord, Lord Shipley, has just indicated, it would fundamentally undermine the policy intention of the Bill, which is to ban letting fees paid by tenants and to ensure that the party that contracts a service pays for that service.

This issue was dealt with under Section 22 of the Immigration Act 2014. It was very clear then that this was to be a liability for the landlord, not the tenant, to discharge. Therefore, the amendment would effectively drive a coach and horses through the intention of that legislation. I am not sure what the collective term for a coach and horses would be. It would probably be a stampede or possibly a cavalcade of coaches and horses, but it is clearly not the intention.

Despite the very good arguments put forward by my noble friend and the noble Earl, Lord Lytton, on this point, I very much agree with the noble Lords, Lord Best and Lord Shipley. A landlord should be responsible for the costs associated with these checks. As I have indicated, they are required under the Immigration Act to undertake these checks to verify that a tenant has the legal right to reside in the United Kingdom before progressing with any tenancy agreement.

The Home Office produces detailed guidance for landlords and agents carrying out these checks, and I will certainly ensure that it is circulated to my noble friend and the noble Earl, and indeed to everybody who has participated in the debate.

Although the onus is on the landlord to verify a tenant’s right to rent, we have made provision in the Bill that, where a holding deposit is sought and a tenant fails a right-to-rent check, landlords and agents will not be unfairly penalised if the tenant is at fault. I hope that that gives some comfort to my noble friend and the noble Earl. With those assurances, I respectfully ask my noble friend to withdraw her amendment.

[Baroness Gardner of Parkes]

My Lords, I was very interested in the comments that were made and I will certainly take them on board. I heard people talking about how easy it is to get the right of abode and that is exactly what I have had here for 40 years. Every time my passport comes up for renewal, I have to send in the original documents, which after 40 years are beginning to disintegrate. Why can the Home Office not keep a record of these things? I have only one marriage certificate; it is turning into a bit of old rubbish now because it is getting so worn out although I have always valued it.

I am sure noble Lords know about the Member of your Lordships’ House who made the mistake of employing someone who had no right to be in this country. It is not a light remark to say, “They will just produce that”. You have to reproduce things every time you get a new passport and, as I said, the original documents are insisted on. It is a pretty major thing and I will face it again next year.

The position in this House is that you can be here provided that you are deemed domiciled; you have to prove that you are paying full taxes, which is one of the big factors. But a lot of people may not be aware that you have to have any proof of who you are at all in anything. If the time comes when people want to rent a place and are asked, “How can you prove that you are entitled to be here?”, they will not have the documentation, whereas they would if that requirement were set out in the guidance.

The Minister said that this issue is included in immigration law, but it needs to be mentioned in some way in this legislation, which affects people’s lives on an everyday basis. When they want somewhere to live and find a place they like, they do not suddenly want to lose it because it takes so long to get the correct papers. That should be in a guidance document prior to wishing to rent something. It should not be part of the rental process.

Doing this yourself, as has been suggested, presumably means meeting the costs yourself as well. This whole thing seems to be a little muddled. I do not accept the view of the noble Lord, Lord Best, that we should not burden ordinary people with these things—perhaps I am wrong in asserting that—when they are burdened by them every day in their own living standards. But I appreciate the Minister has given a good answer and I beg leave to withdraw the amendment.

Amendment 32A withdrawn.