Brexit: Civil Service Code

Baroness Hayter of Kentish Town Excerpts

Thursday 17th September 2020 Lords Chamber

Asked by

[Baroness Hayter of Kentish Town]

To ask Her Majesty’s Government, in the light of reports that new guidance has been issued to civil servants working on Brexit, whether civil servants are expected to “comply with the law and uphold the administration of justice” as set out in the Civil Service Code.

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, all civil servants are subject to the Civil Service Code in supporting the Government to put forward the United Kingdom Internal Market Bill for debate in Parliament. The previous Cabinet Secretary was clear at the time that civil servants could and should work on the legislation and its passage through Parliament, as set out in the Government’s legal statement.

[Baroness Hayter of Kentish Town (Lab) [V]]

Despite the resignation of the noble and learned Lord, Lord Keen, over the Government’s breach of international law, other Ministers seem to kid themselves that it does not conflict with their Ministerial Code. However, the resignation of Whitehall’s top legal officer, Sir Jonathan Jones, suggests that the work on the internal markets Bill could breach the Civil Service Code’s requirement to comply with the law—despite the new Cabinet Secretary’s apparent offering of safe harbour. Given that one senior civil servant, we hear, has advised colleagues uncomfortable with this to alert their superiors, would the Government extend the directions mechanism from expenditure to policy work, so that Ministers can be asked to provide a direction to work on Clauses 42 to 45? Can the Minister assure the House that no civil servant will be expected to breach their code?

Parliamentary Constituencies Bill

Baroness Hayter of Kentish Town Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Tuesday 15th September 2020 Grand Committee

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

My Lords, I have received no request to speak after the Minister, so I call the noble Baroness, Lady Hayter of Kentish Town.

[Baroness Hayter of Kentish Town (Lab) [V]]

On Thursday, on an earlier group of amendments, I thought that the Minister was correcting my quotation from the Constitution Committee. In fact, he rightly questioned my assertion that it had endorsed, rather than simply noted, suggestions from others as to how to ensure that the Boundary Commissions were independent. He was right; I was wrong. I think that is 1-0 to the Minister.

However, on this amendment, the Minister is on shakier ground, but I shall to try to avoid making what the noble Lord, Lord Forsyth, called a “holier-than-thou” speech, especially as I want first to turn to something more serious that the noble Lord said, when he claimed:

“Trying to link this matter to the issue of saving the union is very shoddy politics”.—[Official Report, 10/9/20; col. GC 320.]


I shall not try to pretend that I understand Scotland, but just at the moment in Wales, when the Government seem intent on weakening the devolution settlement via the internal market Bill and when again and again UK Ministers ignore the Welsh Government—indeed, even sharing the internal market Bill with Welsh Ministers two hours after it had been shared with the press—the noble Lord might note that a seismic reduction in Welsh voices in Westminster fuels separatist emotions and the feeling that Wales is a mere afterthought to this Government. I was particularly struck that the Government’s statement on the internal market Bill quoted the Scottish Secretary of State, a Scottish businessman and the Scottish Retail Consortium, with no equivalent endorsement from anyone in Wales, not even the Welsh Secretary.

I am not speaking for Scotland, but I hope that the Government do not think that chopping Welsh input into Parliament has no wider implications. As was said in an earlier debate, the Americans recognised early on that size alone did not matter, with each state being accorded proper recognition in the Senate. The UK Government should give serious thought to binding in each of the four nations if they really want to retain the United Kingdom. This does not go to the heart of these amendments, but it is a response to what the noble Lord, Lord Forsyth, said. Incidentally, he apologises because he has just left to chair his own Select Committee, but he has been with us thus far.

--- Later in debate ---

[Baroness Hayter of Kentish Town (Lab) [V]]

My Lords, the case made for respecting communities by implementing the principle of equalisation in a fair and sensible way, as my noble friend Lord Hain put it, is pretty convincing. As I stressed at Second Reading and in Committee, MPs represent and need to know and understand the communities in their patch if they are to be able to speak on behalf of individual constituencies as the noble Lord, Lord Wigley, described. The better MPs know the schools, clubs, local authorities, head teachers, councillors, GPs, hospitals, charities and churches in their area, the better equipped they are not just to understand but to sort out the problems brought to them, hence the need to permit the Boundary Commissions, as they set about their work, to respect community ties.

It is obviously writ large in the case of Wales. One part of my family from one valley was Welsh speaking and the other from not many miles away as the crow flies—although a long way by road—was largely English speaking. As the noble Lord, Lord Lipsey, said in an earlier debate, we do not want Welsh MPs to have to go up to the Heads of the Valleys, across and then down to the bottom of the next valley in the same seat, a point emphasised today by my noble friend Lord Hain. As has been mentioned, Scotland’s special geography has been recognised in its two preserved seats, as has Ynys Môn, or Anglesey, in this Bill. I used to live in Anglesey. Believe me, it is much faster to cross the Menai Bridge than to travel from one valley to another in the south.

I recognise that I have not served in the Commons and neither has the Minister, but I think we both have enough colleagues who did to know a fair amount about the work of MPs. The amendments in front of us now are partly to help constituents to be well served and partly to help MPs represent those constituencies. They are partly to recognise the importance of communities and partly to give a proper voice to all parts of the union. They are important, and I hope that the Minister will hear what is behind them and be able to respond accordingly.

[The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)]

I do not believe that we have been able to recover the noble Baroness, Lady Jolly, so on that basis, I call the Minister.

--- Later in debate ---

[The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)]

I thank the noble Lord, Lord Tyler, for his understanding. If something is worth saying, it is worth saying twice. I call the next speaker, the noble Baroness, Lady Hayter of Kentish Town.

[Baroness Hayter of Kentish Town (Lab) [V]]

I am not sure whether the Deputy Chairman is inviting me to say everything I am about to say twice, but I will try to refrain from doing so.

I welcome this debate. It illustrates the fallacy of trying to achieve arithmetic equivalence with no recognition of geography, travel habits, infrastructure, community or even the work of an MP in representing her or his constituents and constituency—I make that distinction between the two. We are talking here of a constituency of 3,000 square kilometres—it is larger than Luxembourg—so representing it is already a challenge, not just for the MP who has a 60-mile drive between meetings but for political parties which need to function along constituency lines. Brecon and Radnorshire may have a small number of voters, but it is very big not just in its heart but in geography, as its MP said, from my home town of Ystrad in the south to Knighton in the north-east, much of it with scant access to public transport. I have never done it myself, but my noble friend Lady Gale says it is about a 300-mile round trip. I hope she was not enjoying our views too much when she was driving at that time. So it is very different from my present home in Hackney where it is still possible to beat the bounds, albeit I do it on a bicycle these days—a mode of transport that now defeats me in Wales.

It is already difficult, as we have heard, for the MP to serve this constituency as it is. A larger one would not only be more challenging travel-wise but would break the pattern of travel, which, as we have heard, is currently up and down the valleys and not across mountains. Organising meetings with constituents, interest groups, local councillors and Senedd Members—or organising elections—would be near impossible, with simply no public transport reaching across the constituency.

As I said earlier today and emphasised at Second Reading, MPs do not just represent constituents but communities. An expansion which took the constituency into different places of work with different schools, served by different local authority areas with different histories and even different dominant languages would make relating to all the relevant interest groups and organisations really hard to achieve—particularly when involving different local authorities and a greater spread of elected representatives. Understanding the community, its rhythms, employments, schools, charities, welfare clubs—where we come from it is choirs—is as vital a part of MPs’ work as the casework they turn to every weekend. That is partly because, as I said earlier, dealing with that casework means you need to know the organisations in your constituency.

It is a very rural area, as we have heard, and has a low population. To achieve the quota, even if it were amended, it would have to cover very different areas, possibly Montgomery, as was suggested last time.

As has been said by others, it has been accepted that islands are a special case and that constituencies should not cross water. I have to say, mountains are as high as rivers are deep, and communities have been built up along valleys, not across hills. I look forward to hearing from the Minister—I wonder whether she will take up the suggestion to come and visit the place—how an even larger constituency will serve the needs of the good people of Brecon and Radnorshire.

Parliamentary Constituencies Bill

Baroness Hayter of Kentish Town Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 10th September 2020 Grand Committee

[Baroness Humphreys (LD) [V]]

My Lords, I begin by apologising for not being able to take part at Second Reading. I thank the noble and learned Lord, Lord Thomas of Cwmgiedd, for tabling this important amendment. As the Committee heard in debates on other amendments on Tuesday, the Bill removes the present power of Parliament to approve the Boundary Commission’s proposals at the end of the process of reviewing boundaries in the UK. As it stands, the process allows MPs only to ratify or block the commission’s proposals, not to amend them. Even this can still be viewed as politicians being able to influence the final decision, as happened in, for example, 1969 and 2001. However much we deplore these situations and others like them, that is what current legislation allows. However, the removal of this power from parliamentarians and, therefore, the introduction of automatic review implementations, has been described by MPs as a “power grab” by the Executive from the legislature and a constitutional outrage. It is seen by many as another attempt to silence or sideline Parliament.

The UK’s four Boundary Commissions pride themselves on the impartiality of their reviews, as they work within the parameters set by various Acts of Parliament. However, up to now that impartiality has ended when the review arrives in Parliament for approval, as history has shown. It is therefore probably right that the UK follow in the footsteps of countries such as Canada, Australia and New Zealand in removing politicians from the process. After all, during the process of a review, politicians and political parties have the ability to express their views in the submissions they make to the commissions, and those submissions are given due regard.

However, this is the most unequal of changes. The Bill takes away the rights of parliamentarians, but the right of the Executive to appoint members to the Boundary Commission remains intact, leaving the impartiality balance skewed in favour of the Government. This is a situation I do not wish to see in Wales—a future Welsh Boundary Commission, influenced by the UK Executive, could hardly claim to be impartial. If the system is to be seen as fair and impartial, all political influence must be avoided. The noble and learned Lord’s amendment achieves just that. If the Government are reluctant to accept it, the accusations of a power grab by the Executive over the legislature will be seen to have substance. On these Benches, we support measures to ensure the independence and impartiality of the Boundary Commission.

[Baroness Hayter of Kentish Town (Lab) [V]]

Diolch yn fawr. It is very nice to have so many Welsh people speaking in this debate. I think it would be a brave Minister who rejected the advice contained in this amendment from a former and very eminent Lord Chief Justice—and one, I might add, whose term of office coincided, I think, with that of Chris Grayling as the Secretary of State for Justice, although why I should make that particular point I cannot think at the moment .

It is clear that the noble and learned Lord, Lord Thomas of Cwmgiedd, knows a thing or two about the relationship between a Secretary of State and our independent judiciary and legal system. He has no doubt seen at close quarters how decisions are made or influenced and is able to draw on this experience in his advice to the Committee and in the amendment that he has moved today.

The amendment covers two points. First, and crucially, it effectively takes the appointment of commission members out of the hands of an elected politician—indeed, a member of the Cabinet—and places oversight in the hands of the Speaker and the Lord Chief Justice. Secondly, it makes the appointments non-renewable to ensure that Boundary Commission members can carry out their function with absolutely no glance over their shoulder at the possible renewal of their mandate. As the noble and learned Lord says, this fits in well with the Constitution Committee’s view that if we are to move to automatic implementation of Boundary Commission recommendations, this will protect against undue political influence only if the commissioners themselves are genuinely impartial and completely independent of political influence, as the noble and learned Lord, Lord Morris, also said .

In particular, the Constitution Committee recommended that commissioners should be appointed for a single, non-renewable term; the Secretary of State should appoint only from names recommended by the selection panel; and the deputy chair of each commission should sit on the selection panel.

The issue of independence was similarly stressed in a useful briefing note by Dr Alan Renwick and Professor Robert Hazell of the UCL Constitution Unit in their submission to the Commons Bill Committee, where they stressed the need to:

“Protect the Boundary Commissions from Government Interference”—


where, as they say,

“automatic implementation is clearly appropriate only if the review process itself is genuinely independent of any improper interference. If that condition is not met—if, for example, government ministers can unduly influence the appointment of Boundary Commission members or the conduct of reviews—then the independence requirement is violated again.”

The view of those two eminent academics is also that this amendment meets their benchmark for independence.

I would have hoped that we would not need to write such obvious safeguards into the law, but the recent effective removal of those whose advice does not gel with the Government gives one cause for concern. As was discussed earlier in the Chamber today, Tuesday’s news, on the very day of Sir Mark Sedwill’s departure, of the resignation of the head of the Government’s legal department, Sir Jonathan Jones, over his concerns about a threatened breach of the Northern Ireland Protocol, makes him the sixth senior Whitehall civil servant to resign this year. It sounds as if, “If you don’t say the right thing, you don’t stay.”

In a similar manner, recent appointments suggest that a certain push from No. 10 has magically seen Conservatives appointed to a range of positions: the aforementioned Chris Grayling to the National Portrait Gallery; and our own noble Baroness, Lady Harding, appointed as the effective chair of the National Institute for Health Protection, without any advertisement or selection process, and despite being neither a doctor nor a public health professional.

Angela Bray, a former Conservative MP, was suddenly appointed to VisitBritain as a board member. Sir Patrick McLoughlin, a former Conservative Party chair, is now to chair the British Tourist Authority. Nick de Bois will chair VisitEngland and David Ross, a major donor to the Conservative Party and to Boris Johnson’s leadership campaign, is now chair of the Royal Opera House. Political friends have been recently appointed to so-called independent departmental non-executive directorships.

It may well be that all these Conservatives were simply the absolute best, most experienced, most dynamic applicants for these various posts, and that such skills can never be found among Labour or Lib Dem activists, but it does feel as if appointments to important positions may be being handed out on a less than non-political basis. It is therefore crucial, if the Boundary Commission is to have the final say—unchallengeable in Parliament—that we have absolute confidence in the integrity and independence of its members and recommendations and in the appointment of those members.

I say again that I regret that we feel the need to legislate for this. I would have thought that our way of doing government would normally not need this to be written into legislation, but I believe we have to do it. I look forward, therefore, to the Minister’s response to this particular suggestion, and I hope very much that the Government will adopt the amendment and put it forward themselves on Report.

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, I start by thanking the noble and learned Lord, Lord Thomas of Cwmgiedd, for the detailed thought that he has put into drafting his amendment and to the fact that he has drawn the Committee’s attention to this very important topic. I am also grateful to him for the time that he gave to have a private conversation on this matter. I am certainly open to have further conversations with him in the days and weeks ahead. I am grateful to all those who have spoken on this topic today.

I must in preface take up what I thought was a very strikingly polemical political utterance from the noble Baroness, Lady Hayter, in which she purported to impugn the overall integrity of the public appointments system—an implication which was also left in a much more acceptable but similar fashion by the noble Lord, Lord Janvrin. I will come back to that, because I believe that the integrity of the public appointments system is absolutely fundamental and I am concerned that these kinds of generalised political charges should surface in the manner that we heard from the noble Baroness. I will not trade time in your Lordships’ Committee or at a later stage on Report by listing the names of other people of other parties who have taken up political and public appointments.

For my own part, I do not believe that the desire to give public service as a Member of Parliament or as a humble leaflet deliverer for any political party which is represented in Parliament means that that person should be automatically excluded or regarded as suspect if they are appointed to a public body. I believe that the course of politics—the vocation of politics—and public service through politics are honourable vocations, and that ought to be borne in mind as we address this subject.

--- Later in debate ---

[Baroness Hayter of Kentish Town (Lab) [V]]

The Minister and I obviously have our political differences, but he probably knows that I would very rarely make a claim that was not accurate. I was speaking quite quickly, so he probably did not quite catch what I said, because my quote from the report of the Constitution Committee, which I have in front of me, was absolutely accurate. What I said was—and this was my opinion—that the amendment fits well the Constitution Committee’s view, which I quoted, that

“automatic implementation … will only protect against undue political influence if they are themselves genuinely independent.”

I then quoted the committee’s recommendation that

“the Commissioners should be appointed for a single, non-renewable term … the appointing minister should be required to appoint only from the names recommended by the selection panel; and … the deputy chair of each commission should sit on the selection panel.”

I was not claiming that the Constitution Committee endorsed the whole of this; my quote was absolutely from the Constitution Committee, and it was on those lines. I realise that I may have been gabbling and the Minister may not have heard me accurately, because I am sure that he would not have made the error otherwise.

[Lord True (Con)]

My Lords, perhaps I might be permitted to reply to that. I always try to be gracious and I enjoy the challenge that comes from the noble Baroness. The cut and thrust of politics makes it worth while being a Member of your Lordships’ House, and let us have more of it. I accept what the noble Baroness says: that she was simply referring to paragraph 6 of the report, which I also have before me. I accept that she was not saying that those were specific recommendations by the Constitution Committee. I hope that she and I, and the whole Committee, will agree that we should consider, as we are doing “what safeguards are required”—which was the recommendation—

“to ensure the independence and impartiality of the Boundary Commissions.”

The noble and learned Lord, Lord Thomas, has put forward some proposals. I have argued that the system currently satisfies that objective. But, as I have said, I am open to having further discussions on this matter.

Parliamentary Constituencies Bill

Baroness Hayter of Kentish Town Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 8th September 2020 Grand Committee

Moved by

[Baroness Hayter of Kentish Town]

1: Clause 1, page 1, line 5, leave out subsection (2)

--- Later in debate ---

[Baroness Hayter of Kentish Town (Lab) [V]]

My Lords, it is an honour to move the very first amendment of the first Bill to be taken in Grand Committee in its hybrid form. It is an unexpected pleasure. I wish the Chair luck in dealing with this new configuration.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

Thank you.

[Baroness Hayter of Kentish Town (Lab) [V]]

Amendment 1, which is also in the names of my noble friends Lord Lennie and Lord Grocott, simply re-establishes the existing practice whereby once the Boundary Commissions have done their work, Parliament puts it into legislation. Without this amendment, the Bill provides that the Boundary Commissions’ reviews will be implemented automatically by Order in Council, which, as we know, are not subject to parliamentary approval or any procedure.

There are four reasons to support this amendment. First, there has been no indication of any problem that the Bill seeks to solve with this change. There has been no pre-legislative consultation and no pre-legislative scrutiny of it. We have seen nothing of any debate with the commissions; there has been no suggestion of any demand for such a change and there has been no pre-discussion either with parliamentarians or the political parties, unless within the governing party itself.

Secondly, it is surely clear to the Committee that what happened last time was ample demonstration of the importance of parliamentary oversight to issues that might appear to be merely implementary, but in fact are constitutionally important. The coalition Government decided to reduce the size of the House of Commons to 600, with no reason given for that number. At the same time, they were increasing the size of this House with more unelected politicians. No rationale was given for the number 600 and no account was taken of its implication for Scottish and Welsh seats, or for those in rural or geographically challenged areas. Unsurprisingly, it was, in effect, rejected by the House of Commons. Without that ability of Parliament to have the final say, we would today have only 600 MPs, perhaps with 50 former MPs becoming Peers in compensation. It is proof positive of the need to take the elected House with you when a Government are suddenly seized with an unsustainable notion.

Thirdly, it will be clear from other amendments tabled for today that there is some distrust about the proposed procedure and the ability of the Executive to retain an influence, which under the Bill they will still have, either by the timing of the Order in Council or by the composition of the Boundary Commissions. We might note, therefore, the amendments to be moved by the noble Lords, Lord Cormack and Lord Young of Cookham, and the noble and learned Lord, Lord Thomas of Cwmgiedd, which we will deal with later.

Furthermore, although our Constitution Committee agrees in principle with the change, it particularly said that the proposed automatic implementation of recommendations of the Boundary Commissions will protect against undue influence only if they are genuinely independent. The committee therefore suggests that the House consider safeguards to ensure the independence and impartiality of the Boundary Commissions and their recommendations. We will come to specific proposals on this later, but the themes underlying this resonate with Amendments 1, 2, 5 to 9, and 12. In other words, both the Constitution Committee and these other amendments are in fact all part of a piece, that the Government—perhaps especially this Government—are capable of a certain flexibility when it comes to decisions that they might seek to influence. Their appointment of their friends—Tony Abbott or others whom I will mention in another group later—or the removal of those whose advice they do not like, and here I cite a swathe of Permanent Secretaries, in addition to the sad loss today of the head of the legal service, indicate a willingness to use subtle pressure to get what they want, or less than subtle pressure, as we witnessed over the attempted Prorogation, the threat to judicial review, and basically the attempt to sideline any whose advice or decisions get in their way. We do, therefore, have a concern that without absolute, very solid safeguards, the ability remains with the Government and not with Parliament.

Fourthly and lastly, there is a vital issue about the role of Parliament vis-à-vis that of a quango. I hear what our Constitution Committee says on that matter, and about the exclusion of Parliament. However, this is about the Executive vis-à-vis Parliament. It is about the Government removing a democratic backstop to an issue where decisions are not black and white but involve judgments, and—vitally—affect communities, devolution and regionalism. These are choices which Parliament cannot shrug off to unaccountable appointees, who may, as the Constitution Committee suggests, be looking to their reappointment.

In brief, we do not need this change. It was not requested; it has not been discussed; and it removes an important backstop role from Parliament. I beg to move.

[Lord Grocott (Lab) [V]]

My Lords, well done to those who have been involved in setting up this hybrid Grand Committee. It is an innovation and my mind boggles at how it is done. But, despite its wondrous characteristics, the sooner we get back to normal the better. As a very early speaker in this Committee, I want to make one constitutional point. There is one very unusual thing about today’s proceedings, which I accept because of the circumstances we are in. To my knowledge, there has never been a major constitutional Bill—which this is—held in Grand Committee. Such Bills are always held on the Floor of the House. One cannot imagine anything more fundamental to our constitution than the way MPs are elected and the areas that they represent. So I hope that this Committee may be the last of its kind and we can get back to the more usual practice of debating these Bills on the Floor of the House.

I have put my name to the amendments in the name of my noble friend Lady Hayter in the full knowledge that she would explain them lucidly and leave me little to do. I am sure she has been comprehensive enough even for Lord Tyler who, I am sure, will be listening and will have heard what she said. I will add, with some strength of feeling, to a couple of the points that my noble friend made. The first relates to the huge importance of Parliament having an ultimate say in the Boundary Commission’s recommendations and their implementation. The Government will deal with this later, but it is also relevant to this clause. The Government will argue that they are taking power from Parliament and the Government and giving it to an Order in Council which is absolutely neutral. I am afraid that that is not very accurate language. When the commission’s report is finally sent to the Order in Council is a matter for a government Minister. So, if the Bill goes through unamended, it will, effectively, transfer the final word from Parliament to Government. We can argue about that, but let us at least argue as if we were on a level playing field and understand what is actually being done.

--- Later in debate ---

[Baroness Hayter of Kentish Town (Lab) [V]]

I start by thanking the Minister but also the former Chief Whip, the noble Lord, Lord Grocott; the former law officer, the noble and learned Lord, Lord Morris; the noble Lord, Lord McNicol, the noble Baroness, Lady Seccombe, and the others I am going to mention, for their contribution to this debate.

First, I have some bad news for the noble Lord, Lord Hayward: he did not invent “automaticity”. It was used for the allocation of the seats on the TUC, of which I was supportive, but I confess that it was part of the grubby deal. We shall have to read the book to see the details. He may have applied it here, but I am really sorry, it is not his original term, although it is quite useful.

The noble Lord, Lord Hayward, says that automaticity is reasonable if one trusts the Government—I may have added “if” in rather strong language, but that is important. My noble friend Lord Foulkes says he is suspicious of the motivation behind this. I think my noble friend Lord Liddle is right when he talks about what else is going on—what is the environment that has led to the change to remove the parliamentary say?

I hope the stuff I am getting on my other devices is not accurate, but we are hearing from the press that Brandon Lewis has admitted that the Northern Ireland protocol proposals would indeed breach international law. Obviously, we saw the resignation of a senior legal officer earlier today. Asking us at this moment to trust the Government and all their motivations is quite a hard ask. Therefore, the ability of this mother of all Parliaments to have its final say is important.

Orders in Council, which are the suggestion in the Bill, are pretty rare. I have been involved in them in changing the name of a university and with an organisation gaining chartered status. I think the noble Lord, Lord True, kindly sent me a couple of other examples, but no others have actually involved major constitutional issues. I think my noble friend Lord Grocott said, although others did as well, that these are constitutional issues. How MPs are to represent their constituencies as well as their constituents—we will come on to that; I dealt with it at Second Reading—is an important constitutional issue. It is not simply a technical one.

I am very pleased that we have had this discussion in Committee, because it will enable the noble Lords, Lord Rennard and Lord Tyler, to look at whether the Government will move on their other amendments. The noble Lord, Lord Tyler, could think about supporting this to retain the parliamentary role if other changes are not made. Although the noble Lord, Lord True, quotes from the Constitution Committee report, there is the word “however”—and I think it is in bold. Our colleagues suggest that there should be changes to absolutely ensure the independence of the Boundary Commission. Even there, although it says that it is constitutionally acceptable, there is a big “however”.

As colleagues will have gathered, the Opposition do not support having the automaticity of Boundary Commission recommendations becoming law with no parliamentary intervention. The noble Lord, Lord True, always treats our amendments very seriously. He said that I have not persuaded him, but I am afraid he has also failed to convince me of the need for this change. Clearly, we will look at what response is given to the other amendments, but we might need to return to this on Report. For the moment, I beg leave to withdraw the amendment.

Amendment 1 withdrawn.

--- Later in debate ---

[Lord Tyler (LD) [V]]

My Lords, I very much agree with what the noble and learned Lord, Lord Morris, has just said. It is remarkable that the majority of those participating in this debate are former MPs with extensive and distinguished constituency representation behind them. That comes through in the way in which they have approached this issue.

Even more significant, perhaps, is the experience of the former Ministers. If they are sceptical about what exactly will happen behind the scenes if there is the sort of delay that could happen and has happened in the past, we should take that very seriously. As my noble friend Lord Campbell of Pittenweem said, “reasonably practicable” is a subjective judgment and could therefore be challenged at judicial review. The fact that these former Ministers are sceptical, perhaps even slightly cynical, about what could happen behind the scenes is extremely significant.

The noble Lord, Lord Young of Cookham, whom I have known for a number of years, has had extraordinary ministerial experience; he must be one of the longest-serving Ministers in the whole of our Parliament. I venture to suggest that he probably has had more experience at close hand of ministerial or even Civil Service foot-dragging than anybody who was giving him advice in the meeting to which he referred. I therefore take far more seriously what he says about the potential dangers of unlimited delay than those who sought to persuade him against his proposed amendment.

When the noble Lord spoke at Second Reading, I thought that there was a general mood on all sides of the House, not least because of that experience, that he was on to something extremely important and that this provision was one of the few serious weaknesses in terms of potential ministerial and partisan interference. I therefore take what he says today very seriously indeed.

There is only one way in which I perhaps take a slightly different view. Despite the fact that the Minister at Second Reading was reading his brief religiously—and loyally to those who brief him in the Cabinet Office—I thought that his body language was rather more sympathetic to the points being made by the noble Lord, Lord Young, and the rest of us. Therefore, I am more hopeful and optimistic that the Government’s eventual conclusion will be that they cannot possibly combine automaticity with sticking to this bit of no automaticity in terms of the speed with which Ministers have to bring the order to the House.

I also believe that there is a strong argument, which the noble Lord, Lord Young, enunciated and has been repeated elsewhere, about what exactly would happen if there is a long delay. What exactly would people do in whatever department would think about these matters? What would they be up to? After all, if the Bill goes through in its current form, all they would be looking at are the firm, strong recommendations of the four Boundary Commissions. How could they spend months on that? Incidentally, that is my only concern about the difference between the six weeks recommended by the noble Lord, Lord Cormack, and the 12 or so weeks recommended by the noble Lord, Lord Young, and others. I am not sure what Ministers might do in those second six weeks. There may be a strong argument for sticking firmly to the shorter period if, as has been suggested by people with a great deal more experience than me, there really is not that much to do.

I strongly recommend the well-briefed academic evidence given by the late Professor Ron Johnston—we are still missing him from this debate and these discussions—and his fellow academics. He pointed out just how simple in practice the process becomes at that stage; that was endorsed by the noble Lord, Lord Hayward, with his expertise and experience.

There is a simple solution to the problem of potential mistakes in the modification arrangements. Again, I take very seriously the experience of the noble Lord, Lord Blencathra, from the DPRR, on which I used to serve under his excellent chairmanship. Again, we are looking at an area where the Executive cannot be expected to take a long period to consider recommendations from the Boundary Commissions that will be so firm, detailed and complete.

There is an open-and-shut case for a firm limit on the period during which a delay could be permitted at the hands of bureaucrats or Ministers. In the words that have already echoed around the Grand Committee today, automaticity must lead to one or other of these sets of amendments. I hope that the Government will accept them.

[Baroness Hayter of Kentish Town (Lab) [V]]

My Lords, as I made clear in the debate on the first group of amendments, we do not support the automaticity of Boundary Commission recommendations becoming law with no parliamentary intervention. In an ideal world, Clause 2 would not be in the Bill. Nevertheless, we share in the sentiments expressed by the noble Lord, Lord Cormack, and other speakers, and the worry that some decision is still left with the Executive while none is with Parliament. If this clause is to be in the Bill, clearly, these amendments are very welcome.

This is important not simply for parliamentarians but for Boundary Commissioners. In knowing that they rather than Parliament are making law, it will be important for them to be confident as they assume this new responsibility that the Government will not play games with any delay—should, for example, an early election be on the cards, given that we hear that the Fixed-term Parliaments Act is to be removed, thus leaving the calling of an election back in the hands of the Prime Minister. Incidentally, my noble friend Lord McNicol is, like me, not a former MP, but along with others, we have been involved from a party position. As he said, if we can remove Parliament’s ability to discuss, we should remove the Executive’s ability to delay.

The noble Lord, Lord Cormack, said that we need to curb the ultimate power of the Executive. Hear, hear to that. Six weeks sounds better to me. If it is going to be automatic, then automatic it should be. Furthermore, if the noble Lord, Lord Young of Cookham, says that it is doable within a time limit, my judgment is that it is doable within a time limit. He knows whereof he speaks, along with the noble Lord, Lord Hayward, my noble friend Lord McNicol, and other former Chief and Deputy Chief Whips.

I confess that my eyebrows rose just a little at the protestations of the noble Lord, Lord Blencathra, as to the pristine, impeccable holiness of the Conservative Party. Maybe he needs reminding about Dame Shirley Porter and Westminster. I will go no further, but I think he overegged that particular pudding. If we are to have automaticity, clearly this delay must not be in the hands of the Government.

[Lord True (Con)]

My Lords, I am troubled that my body language should be coming under examination, particularly since most of my family are saying that I am getting so grotesquely fat, it should never be examined in any circumstances. Perhaps that is an argument to reinforce the case that a number of noble Lords have put and with which I personally profoundly agree: there is great merit in our proceedings being in the Chamber, where body language can be examined, as it cannot with these glass screens.

For accuracy, I should say that there have been a number of strictures about this discussion taking place in Grand Committee. All your Lordships will understand the exigencies of the present situation. We are all chafing against the limitations placed on us, but the reference to Grand Committee was agreed in the usual channels and supported by the other political parties. The conduct of our business by the usual channels is traditional. It is not reasonable, in the circumstances, to impugn the Government, or indeed the House authorities, on that point. I add to what others have said about the great work that has been done in putting this Room together.

This is a very important debate, body language or no. The amendments have been very skilfully spoken to by all noble Lords, from my noble friend Lord Cormack onwards. Noble Lords have largely said the same thing so it would be invidious to pick out anybody, but obviously the now poacher, my noble friend Lord Young of Cookham, made a very powerful case to the Committee.

A six-month figure has been suggested, as has three months. I regret to say that both those deadlines could bring problems to the closing stages of a boundary review. I will return briefly to that point, but I start by explaining why the Bill is as it is. It is drafted to give some flexibility, but it demands that the Secretary of State submits the boundary order:

“As soon as reasonably practicable”.


This terminology is widespread in legislation and in this case it allows for some small degree of flexibility in the scheduling and completion of the work needed to prepare and submit the boundary order and the associated orders. However, it is only a small degree because, as has been pointed out, any Government who unreasonably delayed a piece of work as high-profile as this would likely come in for swift legal challenge, so there is not, in a sense, an untrammelled power, as my noble friend Lord Cormack contended. None the less, many parliamentarians would agree that leaving resource to the courts is not always the best or most agreeable way of conducting our proceedings. I will return to this point later.

--- Later in debate ---

Moved by

[Baroness Hayter of Kentish Town]

10: After Clause 4, insert the following new Clause—
“Impact on constituency boundaries: reduction of voting age
Within the period of 12 months beginning on the day on which this Act is passed, the Boundary Commission must review the impact on constituency boundaries of extending the entitlement to vote at a parliamentary election to those aged 16 or 17 years.”

[Baroness Hayter of Kentish Town (Lab) [V]]

My Lords, a key part of the last boundaries Act—parts of which this Bill seeks to amend—was to make the numerical size of constituencies more equal. It was based on an exact number of electors rather than, for example, residents, where the old method allowed some flexibility. As we heard from my noble friends Lord Grocott, Lord Foulkes and Lord Blunkett, it is potentially residents who cannot be in surgeries rather than those on the electoral roll. The focus in the current boundaries Act takes the numerical equality, if you like, of voters as central to the new constituency boundaries.

Even if one agrees with that focus on numbers—and I have my doubts about this overarching focus on it—it could be undermined either by population moves or, in the instance of this amendment, by an extension of the franchise to 16 and 17 year-olds. That is a policy change which we would obviously like to see but, should it happen, it is possible that it could undermine the concentration on arithmetic equality, given the unequal distribution of age groups across the country. As we know, we have certain constituencies with an older age profile, which would therefore be overrepresented if there was a switch in the franchise.

I recognise that we have yet to persuade the Government to alter the franchise, but it would be useful to see the impact of any such change on constituency boundaries. This simple and short amendment simply asks the Boundary Commission to look at extending the franchise to 16 and 17 year-olds and at what impact, if any, it would have on the distribution of seats. I beg to move.

[Lord Tyler (LD) [V]]

My Lords, I am delighted to support the noble Baroness, Lady Hayter, on this amendment. I am one of its signatories and it is a cross-party amendment. We have to start to think in firm terms about providing for the eventual, inevitable extension of the vote for parliamentary elections to 16 and 17 year-olds throughout the United Kingdom. The Grand Committee should think in terms of what is likely to happen over the next few years by looking back at what has been happening in recent years on this issue.

I and my Liberal Democrat colleagues have long campaigned for this reform, convinced as we are that this age group have shown themselves to be quite mature, and responsible enough to undertake this civic duty. It would be only sensible, right and responsible for us to start to take into account this potential change because, of course, the general election is not likely to take place until 2024, for the reasons admirably advanced by the noble Lord, Lord Lipsey, in a previous debate. It would be sensible for us to take that into account now, together with the greater flexibility that will undoubtedly be required to improve what is said on that matter in the Bill.

We were delighted when our Ministers in the coalition Government persuaded the Conservatives to permit this group to vote in the Scottish referendum in 2014. We were even more delighted when that group took the issues of that campaign so seriously, registered and voted in substantial numbers and, as far as could be ascertained after the poll, demonstrated their maturity by the way they voted. It seems that they were rather more responsible on all counts than some much older cohorts.

When it came to the 2015 debates in your Lordships’ House on the arrangements for the EU referendum, Members on all sides were able to refer to this successful experiment. We were no longer advocating on the basis of theory, however principled; we had practical evidence to support our case. As with Scotland, the argument that the referendum could create huge change which would have vast consequences for many generations to come and which, unlike an election, might not be easily reversed was recognised as persuasive. Prime Minister Cameron appeared to accept that argument. Younger citizens could expect to have to live with those consequences for much longer than many here in your Lordships’ House.

To my embarrassment, or perhaps even horror, Hansard apparently records that I made no fewer than 28 contributions to those debates in support of the proposition. However, I have checked and some of them were very brief. But I found that I was a signatory to the successful amendment on 18 November 2015 which sought to extend the franchise to this group. It was passed by your Lordships’ House by 293 votes to 211, with 91 Liberal Democrat Peers and 155 Labour Peers in support.

--- Later in debate ---

[The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)]

I have received no request to speak after the Minister. Therefore, I call the noble Baroness, Lady Hayter.

[Baroness Hayter of Kentish Town [V]]

I thank all noble Lords who have supported the amendment. I will simply make two points. First, as my noble friend Lady Gale said, Scottish and Welsh 16 and 17 year-olds have, or will have, the vote, but do not appear in the numbers on which their constituency boundary is drawn. That does not make sense. We just want it examined. Secondly, I give a gentle warning to the noble Baroness, Lady Scott, and, indeed, her Government. After the summer we have just had, with the disruption to the education and futures of 16 and 17 year-olds, her staunch refusal to consider or even discuss the issue, indeed, not even to allow the Boundary Commission to look at any impact, will not go down well with the exact voters who will be 18 at the next election. They will have heard her words today, but I do not think they will be impressed.

I personally regret her response—it feels short-sighted and over dismissive of the ask. It would not undermine the independence of the Boundary Commission. It would enable it to report on an important issue of franchise. For the moment, I beg leave to withdraw the amendment.

[Lord Wallace of Saltaire [V]]

My Lords, the Minister quoted the manifesto commitment not to lower the voting age. I have just checked the Conservative manifesto and it has the parallel commitment:

“We will make it easier for British expats to vote in Parliamentary elections, and get rid of the arbitrary 15-year limit on their voting rights.”


I want to press the Minister on whether the Government actually plan to implement that manifesto promise within the lifetime of the coming review. If they propose to carry this manifesto commitment through, they should at least allow for this, given that they do not actually know how many of the 5 million British expats might now register. It could blow the entire exercise well out of the water.

Parliamentary Constituencies Bill

Baroness Hayter of Kentish Town Excerpts

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

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I welcome the Minister introducing his first Bill and I welcome being able to say that I welcome it. Of course, it rectifies a bad mistake made by the coalition, which sought to reduce the size of Parliament without a corresponding reduction in the size of the Executive and which reduced the accountability of MPs to their constituencies by giving them larger electorates and by legislating for frequent re-boundarying, making it harder to build up the knowledge and contacts that make for effective representation.

Of course, these are matters more for the elected than for your Lordships’ House. But it was ironic that the reduction of the size of that House was to happen just as this one grew disproportionately by the addition of Members who were here for life and—like all of us —neither removable nor accountable. It was hard to understand the rationale for that, so I look forward to hearing former members of the coalition Government—particularly the seven Lib Dems due to speak today, of whom three are in the Chamber—who, as Hansard reminds me, voted against our amendment on this subject, to explain the conundrum. Regrettably, neither the noble and learned Lord, Lord Wallace of Tankerness, nor the noble Lord, Lord McNally, who steered it though this House, is on the speakers’ list today. Anyway, it all means that we are of course delighted to see Clause 5, and to give it our wholehearted support.

Your Lordships would, however, expect us to look carefully at the rest of the Bill, to ensure that it achieves its objectives and to see whether there are amendments that we would like to table for consideration. Perhaps the major one is something that does affect us, because it is about the role of Parliament. Hitherto, as we have heard, Parliament has had to sign off the final proposals from the various boundary commissions. Indeed, it was, fortunately, because of this very power, and the then Government’s inability to get their proposals through the other House, that we do not now have a 600-seat Chamber at the other end of this building.

However, suddenly, in this Bill, without any prior consultation, that final backstop role of Parliament has vanished—and with it, any possibility for the Commons to pause the process. Instead, the Executive will simply, via an Order in Council, trigger the whole sweep of changes. The Government maintain that this is to keep the procedure completely free of any political input. But there will still be political input—from the Executive, who retain the ability of tabling or withholding that Order in Council, because that cannot be instigated by Parliament.

So, for the sake of argument, should the Government not like the outcome, and should they be planning an election—since they have also promised to repeal the Fixed-term Parliaments Act—would it not be very convenient to hold back that trigger, with Parliament unable to act? The Minister will, I am sure, say that the Government could do the same now, by delaying a statutory instrument—but at least that would be Parliament’s business, and therefore open to question.

Perhaps more fundamental, however, is the idea that Parliament—or politics—is somehow a bit grubby, and should not be able to give its final approval to something of such democratic consequence. Leaving major constitutional decisions to officials, with no parliamentary oversight, is difficult to defend. So I look forward to hearing the Minister—steeped as he is in Parliament and its ways—argue why, in this unique decision, Parliament should be shut out.

My noble friend Lord Lennie, who knows a thing or two about this, will say rather more about the issue of variance later, and will explain why the very small figure of plus or minus 5% is too restrictive to enable the boundary commissions to respect communities and geography, and to minimise disruption.

I will simply say two things. First, just as, in this House last time—thanks to the Lord Speaker, I think—we respected the Isle of Wight’s geography, and this time, thanks to a Conservative MP, Ynys Môn, or Anglesey, has been preserved as a seat, so we should enable the boundary commissions to respect equally important geographical realities, particularly in Wales.

I lived in Anglesey, in Bodedern, for a time—albeit I was unable to vote for Cledwyn Hughes, later Baron Cledwyn of Penrhos, as in those bygone days the voting age was 21, which I had not yet attained. So I know the island, and I feel its identity and cohesion. But I also know this in and around my maternal home of Ystradgynlais. My noble friend Lady Gale will say more about the valleys and their identity, as well as their travel challenges, in due course—things that necessitate some extra leeway to preserve community ties.

That brings me to the second point on variance. In their determination to have numerically equal electorates per seat, the Government have forgotten that MPs represent communities, not just individuals. MPs’ understanding of their local companies and schools, the local authority, the swimming pools, the universities, the sports teams, the churches, the charities, the culture and local history, means that they are embedded in the lives of their constituencies in a way that pure numerical determination fails to understand. So we will ask the Government to think again about the degree of flexibility allowed to the boundary commissions.

There are just two other points to make. One, in the context of this attempt to reach exact figures in each seat, is to remind the Minister that some 9 million—perhaps 20%—of those entitled to vote are missing from the register. That is a rough average of 10,000 per constituency. Given how many are missing altogether, that makes the obsession with the last 3,500—that is, of course, a smaller number for the 5%, now that we have 650 seats rather than 600—a little hard to understand.

Equally important for the representation of people in the Commons is that many simply do not get the chance to vote. The Electoral Commission recommended automatic voter registration, and the Select Committee of your Lordships’ House on the Electoral Registration and Administration Act 2013 recommended urgent action to tackle under-registration, including piloting automatic registration for attainers. So perhaps the Minister could respond to this proposal in advance of our tabling the relevant amendments.

Secondly, as we look to the future and to an election in, say, four years’ time—although the early date of the first boundary review makes me think the next election might be a little earlier—we have the space now to extend the franchise to 16 and 17 year-olds, whose lives will be affected by decisions in the Commons. I urge the Government not to dismiss this call but to give very careful thought to the planet, and the country, that we will leave to them, and to whether it is right to give those 16 and 17 year-olds a say over who will take the decisions that shape their lives. But for the moment we welcome the Bill, which will rectify a bad mistake, and I look forward to the speeches that will follow today, as well as to our discussions in Committee.

Intelligence and Security Committee: Russia Report

Baroness Hayter of Kentish Town Excerpts

Wednesday 22nd July 2020 Lords Chamber

[Lord True]

My Lords, I pay tribute to the noble Lord and his work on the production of the report, which I have welcomed on behalf of the Government. It makes comments and recommendations about the management of activity within government, but I repeat that the Government’s coherent Russia strategy was established in 2017. Obviously, we always keep effective operations under advice.

[Baroness Hayter of Kentish Town (Lab) [V]]

The report says that while Russia poses a “security threat”, including to democracy, the Government

“took their eye off the ball”,

failing to provide oversight or strategic direction, and had a surprising lack of curiosity over the impact of Russian activities. The report called for enhanced transparency, and the Government promptly suppressed the report. Given that the Government’s responsibility is to keep the country safe, can the Minister reassure the House that the Prime Minister will implement the report’s recommendations?

[Lord True]

My Lords, repeating the allegation that the Government suppressed a report that is not a government report does not make that allegation true. I repeat that the report has been published and the Government have responded in detail at the first possible opportunity. As for taking their eye off the ball, the Government have long recognised that there is an enduring and significant threat posed by Russia to the UK and its allies. That is why, to repeat what I said earlier, the Government implemented the Russia strategy in 2017.

Parliament: Restoration and Renewal Project

Baroness Hayter of Kentish Town Excerpts

Wednesday 22nd July 2020 Lords Chamber

[Baroness Hayter of Kentish Town (Lab) [V]]

My Lords, any suggestion about a move should have been made to the Speaker and the Lord Speaker, not in a letter to non-parliamentarians. I ask the Minister to remind the Prime Minister that he is not a president but is accountable to Parliament, which needs to be located close by so that the Prime Minister and Ministers can report to Parliament, no matter how much he dislikes having to do so. This is the nature of our democracy, and Parliament will hold him to it.

[Lord True]

My Lords, the sponsor body is independent: that was the decision of your Lordships’ House and of the other place. The strategic review was announced in May by the sponsor body and it is for it to progress as it wishes. It is open to every Member of Parliament, not just the Prime Minister, to put forward their views to the sponsor body.

EU Exit: End of Transition Period

Baroness Hayter of Kentish Town Excerpts

Wednesday 15th July 2020 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, this Statement in fact sets out an enormous number of costs—costs to Parliament, to business, to taxpayers and to consumers.

First, on the cost to Parliament, we learned of these plans on Sunday, via Written Statements and in the Telegraph, rather than in Parliament. So it is not just York that awaits your Lordships’ House; Coventry is clearly being prepared for both Houses. The devolved nations hardly fare better, despite their responsibility for ports, airports, and human, animal and plant health. The First Minister complained of a lack of engagement with the Scottish Government in developing the new border operating model, and the Welsh Government at one point had mere minutes’ notice of an announcement within their bailiwick. That is no way to treat Parliament.

Secondly, on the costs to business, despite the promise of a deal with no fees, charges or tariffs and no new infrastructure, we in fact face significant disruption to trade from new border checks. This will cost business some £13 billion, let alone any loss of orders and increased import costs, in order to handle 200 million declarations a year. There is real alarm at the state of preparedness across businesses, which are already coping with Covid but have their wall diaries all pointing to the rapidly approaching 31 December. All they are promised is a welter of new red tape.

Thirdly, there will be a cost to taxpayers of £700 million for buildings and staff at borders, including new infrastructure, some at new inland sites. If the ports are not ready in time, any failures could break WTO rules, as we have heard from a Cabinet Minister. There are to be 500 extra Border Force personnel; an IT system not yet tested, let alone introduced; a 27-acre parking lot in Kent bought through emergency purchase of land, the Government having forgotten to tell the local council and, we hear, having to hastily hand-deliver letters to residents on a Friday ahead of work beginning on Monday; and an advertising campaign. We must hope that this will be more successful than the £46 million spent on “Get ready for Brexit”, which the National Audit Office found did not result in significantly better preparedness.

The NAO says that any future campaign should focus on what impact is needed and how behaviour change will be delivered, with resources targeted at activities adding the best value, and a consistent focus on key performance metrics from the start. Can the Minister confirm that lessons have been learned from that earlier exercise—or will just friends of those in the know be used for the campaign, without proper procurement, their USP being more in shared belief than proven campaign ability?

Fourthly and lastly, there is the cost to consumers. I have to say that the Statement’s talk of “significant opportunities” is particularly inappropriate for consumers. As the guidance makes clear, there will be extra documents for travelling, including an international driving permit for some countries; a return to the old green card, or proof of insurance; arrangements for pets needed four months before travel; and continuing confusion around which travel rights will continue. The Government, probably quite rightly, are advising people to get comprehensive travel insurance—more cost to consumers. Of course, there will be much more expensive medical insurance with the loss of the EHIC, especially—I declare an interest—for us oldies, or for those with pre-existing conditions. For consumers it will be all costs and no benefits.

There is no doubt that there was support across the country to get Brexit done, but the Government’s approach has been costly, reckless and disdainful of the views of constituent parts of the UK, of business and of consumers. We see symptoms of chaos and some dysfunction even within the Cabinet. Mr Gove wrote on Sunday:

“Leaving the European Union … is a bit like moving house … Taking back control of the money we send to Brussels means we can spend it on our priorities”.


I have to say that it feels more like a messy divorce, with cash going to lawyers and removal men rather than on the kids.

I have four questions for the Minister. The first is about the advertising campaign I have already mentioned. The second is to ask for reassurance that business will be engaged every step of the way in the design and implementation of IT and documentation systems, and that the devolved authorities will be part of the planning, not mere recipients of information. The third is whether consumer representatives will be similarly consulted. The fourth and last, still in hope, is whether the Government will return to the democratic process of making announcements in Parliament, rather than in Sunday newspapers. Let us have Parliament take back control.

[Baroness Ludford (LD) [V]]

My Lords, the Government are seeking to put an upbeat gloss on the plans for 1 January, under the strapline, “The UK’s new start: let’s get going”, but getting going anywhere is set to be a very big challenge for both people and businesses. Individuals will lose their free movement, free roaming, free healthcare and freedom to take a pet on holiday abroad at short notice. The Government claim that leaving the EU single market and customs union means that we will,

“regain our political and economic independence.”

It is in fact going to feel like “out of control” rather than “taking back control”.

In the other place on Monday Mr Gove promised

“a free flow of freight”—[Official Report, Commons, 13/7/20; col. 1275.]

but nothing could be further from the truth. The UK will be moving from a highly integrated relationship with the EU to one in which trading with it becomes much more difficult. There will be customs forms, physical checks, new VAT rules, plant and animal health requirements, export declarations, a lorry park, and a vast new IT system—always a terrifying prospect. This is going to hit businesses struggling with the disruption and economic hit of Covid; perhaps they might just be getting their heads above water by December, at which point they will get hit by the Exocet of masses of expensive new red tape.

The Government have left it until 24 weeks before the end of transition to produce this plan. What have they actually done for the last four years? One sensible move would, of course, have been to extend the transition period, so as to avoid distraction from the pressing issue of dealing with the pandemic, but Brexit ideology, as always, trumped good sense. The complexity facing businesses can be judged by the fact that this government document comprises a dense 200 pages. As the Trade Secretary rightly highlighted in her striking letter of last week, the controls, IT systems and lorry parks will not be ready by the end of the year. This is the real reason they are being phased in over six months. Are we seriously to believe they will be ready by July next year?

Ms Truss urged

“it is essential that my department has a clear view of operation delivery plans, timescales and risks going forward.”

This suggests that the Trade Secretary has not been fully involved in plans for imports and exports. Can the Minister explain this extraordinary state of affairs? Ms Truss also pointed out that if, as predicted, the dual-tariff system is not in place for 1 January

“this may call into question NI’s place in the UK’s customs territory”.

What substantive reassurances can the Minister give us—and, more to the point, the people of Northern Ireland —on this point?

This Brexit burden will force companies to fill in an extra 215 million customs declarations every year, which Mr Gove’s document acknowledged were “complicated”. The cost for them is estimated at between £7 billion and £13 billion a year; this is on top of huge costs for the public sector. So this is where “our money back” will be going—not on the NHS, but on bureaucracy. Many firms will face the expense of hiring customs agents to complete new border formalities on their behalf. It is estimated that 50,000 of these will be needed, a figure that dwarfs the number of officials in the demonised European Commission.

The Trade Secretary, in her letter to Messrs Gove and Sunak, was worried about tariffs being dodged and asked for

“assurances that we are able to deliver full controls at these ports”—

that is, EU-facing ports—

“by July 2021 and that plans are in place from January to mitigate the risk of goods being circumvented from ports implementing full controls.”

What she is talking about, of course, is the risk of smuggling and fraud; this is an astonishing admission, so what is the answer to how these risks will be addressed?

It is clear for all to see that the promises of “frictionless trade” and “an oven-ready deal” were mere empty slogans. We are seeing what my honourable friend in the other place, Stephen Farry MP, called

“the brutal reality of Brexit”.—[Official Report, Commons, 13/7/20; col. 1279.]

It is no comfort at all for some of us to say, “We told you so.”

House of Lords: Relocation

Baroness Hayter of Kentish Town Excerpts

Tuesday 14th July 2020 Lords Chamber

[Lord True]

My Lords, I agree that practical working considerations are important. I repeat, however, one of the wider considerations here, which is that the Government’s intention, which was very clear in the manifesto, is to find ways to bring the whole process of government closer to the people. I do not believe that Parliament or, indeed, this House should simply reject that concept or the idea that that matter needs to be reflected on. Constructive proposals and discussion of this are always welcome.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, Henry VIII sought to placate his rebels with a Parliament in York. Will the Minister say who, this time, they are trying to placate by suggestions of a Parliament in York? It sounds as if he is trying to rid himself of these pesky Lords. He should be careful of what happened to an earlier Henry when that happened. My concern about what the Minister said is that he suggested that this might be being thought of as a temporary home while we move out. That is a dangerous suggestion, if I heard him correctly. Will he again confirm that it is for this House to decide where this House will meet?

[Lord True]

Yes, my Lords. I simply referred to the well-known fact of the work of the sponsor body being ongoing. That sponsor body has announced its strategic review of the R&R programme and that is one of the immediate circumstances we face. Again, I return to the general context. My right honourable friend the Chancellor of the Duchy of Lancaster was criticised, but he was absolutely clear in his response on the Marr programme. He said that, as far as the legislature goes, that is obviously a question for the House of Commons and House of Lords. That is the Government’s position.

EU: Customs Arrangements

Baroness Hayter of Kentish Town Excerpts

Wednesday 8th July 2020 Lords Chamber

[Baroness Hayter of Kentish Town (Lab) [V]]

As the noble Lords, Lord Wigley and Lord McConnell, have hinted, and I confirm from the horses’ mouths, the border operation model has been developed with no effective engagement with the devolved Governments, whose ports, such as Holyhead, will have to operate the system. When will the Government fully involve the devolved Governments in this vital planning?

[Lord True]

My Lords, without going into competing versions of past events, I repeat that we are publishing a document very shortly with which I hope all interested parties engage positively.