Western Balkans Summit

Debate between Baroness Goldie and Lord Wallace of Tankerness

Wednesday 4th July 2018 Lords Chamber

[Baroness Goldie (Con)]

My Lords, the Western Balkans Summit will be a demonstration of the Government’s long-standing commitment to the region and to European security. The summit will focus on three areas: first, regional security, where we hope to increase co-operation against common threats, including corruption and organised crime; secondly, economic stability, to improve the business environment, entrepreneurship and digital skills; and, thirdly, political co-operation, to help the region overcome legacy issues stemming from the conflicts of the 1990s.

[Lord Wallace of Tankerness (LD)]

My Lords, next week sees not only the Western Balkans Summit but the 23rd anniversary of the Srebrenica genocide. Does the Minister consider it wholly unacceptable, and a barrier to lasting peace and reconciliation, that there are people, possibly some who may even attend the summit, who still deny that genocide? How do the Government intend to challenge those who are vocal in their denial?

[Baroness Goldie]

My Lords, we are clear that the Srebrenica massacre was an act of genocide; indeed, we make that clear in our engagement in the region. We will be working with leaders from the region to address legacy issues from the conflicts of the 1990s in the context of a summit, including by supporting accountability for war crimes. The noble and learned Lord will aware that the International Criminal Tribunal and its successor, the International Residual Mechanism for Criminal Tribunals, have played an important role in holding to account those responsible for serious violations of international humanitarian law in the region, including at Srebrenica. We support those efforts.

European Union (Withdrawal) Bill

Debate between Baroness Goldie and Lord Wallace of Tankerness

Report: 6th sitting (Hansard): House of Lords
Tuesday 8th May 2018 Lords Chamber

[Baroness Goldie (Con)]

My Lords, I am pleased to move this group of amendments as the final piece—to use the analogy of the noble Lord, Lord Griffiths—of the devolution jigsaw puzzle in this Bill. The amendments in this group all relate, in different ways, to the scrutiny that the devolved legislatures will apply to the delegated powers for devolved Ministers in Schedules 2 and 4 to the Bill.

It is right that in conferring powers on devolved Ministers, the Bill should also provide for how they will be scrutinised. It would be irresponsible not to do that. We cannot confer powers and then make no provision for legislative scrutiny whatever. However, the Government recognise that the scrutiny of powers is ultimately a question for the legislature undertaking that scrutiny and the Administration being scrutinised. That is why the Bill consciously preserves the competence of the devolved legislatures, under the respective devolution statutes, to amend those parts of the Bill that make provision for scrutiny of devolved delegated powers. It is why we have sought the views of the legislatures and the devolved Administrations on the appropriate scrutiny arrangements, and these amendments reflect that engagement.

Amendments 69D, 72ZC, 78C and 115A allow for the “made affirmative” urgent scrutiny procedure to be used by devolved Ministers making regulations under their Schedule 2 powers. This was not included in the Bill as originally drafted because it is not a standard procedure in Edinburgh, Cardiff and Belfast. However, we have confirmed with the devolved institutions that this procedure is acceptable and that it should be available to devolved Ministers for the same reasons of urgency as it will be available to UK Ministers. These amendments will achieve that.

Amendments 69C, 70C and 77E provide for the “sifting committee” procedure to apply for negative procedure instruments laid by Welsh Ministers under their Schedule 2 powers. The National Assembly for Wales and the Welsh Government have both confirmed that this procedure should apply to the Welsh Ministers. These amendments would therefore apply the same procedure as currently applies in the Bill to UK Ministers.

Noble Lords will appreciate that there are very specific arrangements for committees in the Northern Ireland Assembly and this relates to the structures of power-sharing within the Northern Ireland devolution settlement. In that context it would not be appropriate for this procedure to apply, so we have not included it in the Bill. The Scottish Government have informed us that they and the Scottish Parliament wish to apply some form of sifting arrangement to the Schedule 2 power. However, their intention is to undertake this by means of their own legislation. As I have said, the Bill preserves the competence of the Scottish Parliament to legislate on this matter.

[Lord Wallace of Tankerness (LD)]

My Lords, I want to clarify what the Minister has just said. When she said that the Scottish Government and the Scottish Parliament wish to do it by their own legislation, is that their Continuity Bill, which is currently before the Supreme Court? If it is, what happens if the Supreme Court strikes it down, or maybe some other piece of legislation they bring forward?

[Baroness Goldie]

That is a reference to this Bill preserving the competence of the Scottish Parliament to legislate on that matter. I understand that it would have to make legislation within the competence of the Parliament. As the noble and learned Lord will be aware, the UK Government question the competence of the continuity legislation. That, therefore, as far as I am aware, is a completely separate issue and not what I was referring to.

Amendments 83KA, 83P, 83LA, 83MA and 112B require the Scottish Ministers to make the same explanatory statements when exercising the powers, under this Bill or when amending regulations made under Section 2(2) of the European Communities Act, that UK Ministers must make when exercising their powers. I will not stray into greater detail on each of these statements, as we have debated them at length already. I will, for the sake of clarity, remind noble Lords that this obligation to explain comprises seven elements. The first is a “good reasons” statement; the second is an equalities statement; the third is a statement explaining the purpose and effect on retained EU law of the instrument; the fourth is a statement of urgency when using the made affirmative procedure; the fifth is a “good reasons” statement when using any delegated powers to amend ECA Section 2(2) regulations; the sixth is, where appropriate, a statement of the “good reasons” for creating a criminal offence, and of the sentence attached; and the final one is, where appropriate, a statement to explain why sub-delegation of the power is appropriate. As is the case where a UK Minister sub-delegates the powers, there will also be a duty on the authority to which the power is delegated to then lay before the Scottish Parliament an annual report on the exercise of the sub-delegated power, if exercised that year.

Finally, Amendment 83AC makes a straightforward provision to clarify that the duties on UK Ministers to make explanatory statements when exercising powers under the Bill will apply when exercising the Schedule 2 powers jointly with a devolved Minister. A purpose of joint exercise will allow greater scrutiny by requiring instruments to be considered by this Parliament and the relevant devolved legislature. It would not, therefore, be correct for Parliament to receive less information in relation to the instrument than it would have received if the UK Minister had been acting alone, and this amendment clarifies that this will not be the case. The duty will not extend to devolved Ministers, but the statements, as with the instrument, will be the joint product of both Administrations. The statements, in being made available to Parliament, will also therefore be available to the devolved legislatures, and the relevant devolved Administration can choose whether to lay this alongside the joint instrument.

I hope that noble Lords will recognise these amendments for what they are: they are positively the product of our continued and sincere engagement with the devolved institutions. I also hope that your Lordships will welcome the steps this takes to respond to calls in this House and in other places for greater scrutiny of delegated powers. I beg to move.

European Union (Withdrawal) Bill

Debate between Baroness Goldie and Lord Wallace of Tankerness

Committee: 10th sitting (Hansard): House of Lords
Monday 26th March 2018 Lords Chamber

[Baroness Goldie]

My understanding is that that legislation has been enacted by the devolved Administrations for what they perceive as a necessary protection of their positions. The Government hope that we can supersede that legislation by coming to good sense around the table and hammering this out—which I think is what all parts of the United Kingdom want.

[Lord Wallace of Tankerness]

My Lords, I thank all who have taken part in this short but important debate, and the noble Baroness, Lady Goldie, for responding. I think it fair to say that in all our debates that have touched on devolution, reference has been made to the importance of securing the agreement not just of Ministers but of the devolved legislatures in Scotland and Wales. One prays for the time when it will be the case also in Northern Ireland. That was reflected in the first report of the Scottish Affairs Select Committee of this Session, which recommended that,

“the UK and Scottish governments continue their efforts to secure agreement on those clauses of the Bill which affect devolved areas of responsibility”.

It is important that we reiterate the importance of that. The Minister has indicated that the Government are seized of that, but there is no harm in reinforcing it. She referred to the import of the Sewel convention into both the Wales Act 2017 and the Scotland Act 2016. As we know from the decision in the Miller case in the Supreme Court, the convention is just that: it is a convention and does not have the force of the law. It is important that we reiterate the need to get agreement.

On the proposed sunset clause to which I spoke on behalf of the noble Lord, Lord Foulkes, the Minister seemed to suggest that, once the new proposals come through, this might not be necessary. I tabled a very similar amendment last week, which I had thought of attaching to the amendment brought forward by the noble Lord, Lord Callanan. When I discussed it, I was assured that it was not necessary because, due to the way in which the Bill was set out, it would not have been superseded by pre-emption even if the noble Lord’s amendment had been accepted, so such a clause is still pertinent. It is important that some time limit be set, even for establishing the frameworks. The noble and learned Lord, Lord Mackay, made some interesting and constructive proposals as to how the frameworks might be achieved. While the return of many of the powers at the so-called intersects would be pretty imminent on exit day, a number would still have to be resolved. Therefore, I encourage some positive thinking with regard to a timeframe within which that might be done. On that basis, I beg leave to withdraw the amendment.

Saudi Arabia: Executions

Debate between Baroness Goldie and Lord Wallace of Tankerness

Tuesday 18th July 2017 Lords Chamber

[Baroness Goldie]

I thank the noble Lord for his question. He clearly feels passionately about the issue—as do many. As I said earlier, the difficult issue is always to preserve balance in the conduct of international affairs and diplomatic relations. We condemn the use of the death penalty. We condemn the abuse of human rights. We have made our views clear and continue to make them clear to Saudi Arabia. There are other areas where we think it is better for the United Kingdom to engage with Saudi Arabia and have dialogue. As I said earlier in response to the noble Lord on the Cross Benches, in that way we not only perform a service to the United Kingdom but also preserve an arena of influence in order that we may try to convey to Saudi Arabia the sort of emotions and sentiments expressed this afternoon in the Chamber. Saudi Arabia will understand the potency of these feelings.

[Lord Wallace of Tankerness (LD)]

My Lords, I refer to my entry in the register of interests in relation to Reprieve, the anti-death penalty charity. In a recent speech to the Gulf Cooperation Council, the Prime Minister spoke about the rules-based order. Would the Minister accept that Saudi Arabia’s use of torture to extract false confessions and execution of juvenile offenders—if it were to do so—would put it outside the rules-based order? Given the Prime Minister’s recent speech, will the Minister convey to her that this House thinks that she should follow the example of her predecessor, David Cameron, and make an intervention at prime ministerial level?

[Baroness Goldie]

As the noble and learned Lord, Lord Wallace, will be aware, the United Kingdom Government utterly condemn torture. Again, we have been clear and articulate in saying that. The Prime Minister discussed human rights during her visit to Saudi Arabia in April this year. As I indicated in my response to the initial Question, the right honourable Alistair Burt, the Minister in this area, has made clear directly to the Saudi Arabian ambassador our profound concerns about these recent reports and has represented our profound anxiety about the possibility of the use of the death penalty. We continue to make these representations in the most robust and clamant way that we can.