Cabinet Manual

Baroness McIntosh of Hudnall Excerpts

Monday 25th March 2024 Lords Chamber

[Baroness Neville-Rolfe (Con)]

It is difficult to draw any conclusions of that kind. However, I share the noble Lord’s tribute to the noble Lord, Lord O’Donnell, in putting this together. There are many well-thumbed copies around the Civil Service.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, would the Minister care to revisit the answer she gave to her noble friend Lord Young of Cookham? Can she point the House to a single example in the recent past of a major piece of policy or a significant announcement that has not been extensively briefed out to the press before it was given to Parliament?

[Baroness Neville-Rolfe (Con)]

There is a tradition that some material in upcoming policy announcements is sometimes briefed out to engage the great British public, but the substantive announcements are nearly always made to this House while Parliament is sitting.

Her Majesty The Queen: “The Faithful”

Baroness McIntosh of Hudnall Excerpts

Monday 18th July 2022 Lords Chamber

[Lord True (Con)]

My Lords, I agree with every sentiment that my noble friend has expressed about Her Majesty. The position is that the titles are proclaimed by the Accession Council and embraced in the Royal Titles Act. The Platinum Jubilee demonstrated the affection this country has for Her Majesty; it may be left to history to accord titles to past monarchs, but the Government have no plans to make a change.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, as the Minister mentions history in this context, would he not agree that such additions to the titles of our sovereigns, and indeed sovereigns in other states, have tended to be post hoc rather than during the lifetime of the person in question?

[Lord True (Con)]

My Lords, that is true, and I think I alluded to that. I believe that the unfortunate title of King Ethelred the Unready, who died in 1016, was brought in only in the 1180s. The fact remains that the characteristic that my noble friend alluded to of the Queen’s sense of duty and commitment to her people, which was set out while she was still Princess Elizabeth, shines forth, as it has done on every day in her reign, and I am sure will shine on long after her passing.

Procurement Bill [HL]

Baroness McIntosh of Hudnall Excerpts

Committee stage
Monday 18th July 2022 Grand Committee

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I apologise to the noble Lord for interrupting him. I am afraid that there is a Division in the Chamber. The Committee will adjourn for 10 minutes.

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[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I am tempted to say to the noble Lord, Lord Clement-Jones, that he need not sit down since I am about to call him.

[Lord Clement-Jones (LD)]

Thank you. My Lords, if noble Lords thought that my previous speech took a long time, they will not be happy with the second half of it, which concerns the technical parts. These relate to Amendments 452A, 452B, 519A and 519B, which are technical amendments from the Local Government Association designed to ensure that all notices come within the new digital platform.

Amendments 452A and 452B relate to Clause 86(1) of the Bill, which sets out that appropriate authorities may by regulations make provision about

“the form and content of notices, documents or other information to be published or provided under this Act”

and

“how such notices or documents are, or information is, to be published, provided or revised.”

The amendments would help ensure that future regulations do not contravene the purpose of the single digital platform wherever possible and support the move to progressively streamline the many different publication requirements for procurement information and contract-spend data placed on local government and the public sector as a whole through different pieces of legislation.

Amendment 519A would omit Section 89(4)(b) and 89(5) of the Transport Act 1985. This would remove the requirement for local authorities to issue notices of tender individually to all persons who have given to that authority a written notice indicating that they wish to receive invitations to tender for the provision of local services for that authority’s area. This would bring the requirements to advertise tenders for transport services into line with those set out in the Bill and facilitate the ambition to create a single digital platform where all public tenders are advertised in one place.

Finally, Amendment 519B would amend the Service Subsidy Agreements (Tendering) (England) Regulations 2002 by removing Regulations 4 and 5. Regulation 4 requires local authorities to publish information relating to tender invitations in accordance with Part 1 of Schedule 1 to the same regulations. Regulation 5 requires local authorities to publish tender information to the general public at times, in places and in a form which are convenient to the public, and to publish notices of tenders in local newspapers. Removing the two regulations would ensure that information about contract pipelines and contract awards for service subsidies will in future be published in the same place and format as information about any other public contract, to improve consistency and accessibility. A service subsidy in this context is where councils subsidise companies operating public passenger transport services to run services on routes which may not otherwise be economically viable, for example bus services in rural areas. I hope that has explained these rather technical amendments and very much hope that the Minister understands the motive behind them.

Procurement Bill [HL]

Baroness McIntosh of Hudnall Excerpts

Committee stage
Wednesday 6th July 2022 Grand Committee

So, if new entrants or SMEs are suppliers to whom contracting authorities can give additional information, opportunities and engagement, the authorities should not construe that to be an unfair advantage. This is all about trying to bring everybody into the tender on a much more level playing field; that is the purpose of Amendment 88, and I commend these amendments to the Committee.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I understand that the noble Baroness, Lady Brinton—who is contributing remotely to the debates this afternoon—was expecting to speak on this group, but unfortunately, that message did not reach the clerks or the chair. I believe that the noble Baroness is ready to speak now, so with the permission of the Committee, I invite her to speak.

[Baroness Brinton (LD) [V]]

My Lords, I declare my interests as a vice-president of the LGA and as a disabled person. I am speaking to Amendment 141, which would ensure that contracting authorities must follow accessibility principles as defined under the UN Convention on the Rights of Persons with Disabilities, or UNCRPD.

The Public Contract Regulations 2015 set out the rules for technical specifications in Regulation 42, saying that it must include “accessibility for disabled persons” as core to characteristics including quality, environmental and climate change performance levels, whole-life design, performance and safety—indeed, many of the things that this Bill is covering.

So, in theory, Amendment 141 should not be necessary. However, Regulation 42(9), on the technical specifications, says that:

“Where mandatory accessibility requirements are adopted by a legal act of the EU, technical specifications shall, as far as accessibility criteria for disabled persons or design for all users are concerned, be defined by reference thereto.”


There are three other sets of regulations—the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016 and the Defence and Security Public Contracts Regulations 2011—which all also confirm the conformity with the EU procurement directive. I spoke at Second Reading about that directive.

The very helpful briefing from the RNIB sets out the technical concerns about how we need to ensure that accessibility rules are embedded in legislation following Brexit. This amendment is needed because we must have clear rules for accessibility criteria for people with disabilities and the principles of universal design, as defined under the UN CRPD.

This Government repeatedly say that they were proud to get Brexit done. They also say, proudly on their website, that they want

“disabled people to fulfil their potential and play a full role in society.”

In 2017, however, the UN published its Concluding Observations on the Initial Report of the United Kingdom of Great Britain and Northern Ireland, which was less than complimentary about the UK Government’s progress in abiding by the CRPD. In paragraphs 6(a), 6(d) and 6(e), the UN refers to:

“The insufficient incorporation and uneven implementation of the Convention across all policy areas and levels within all regions, devolved governments and territories under its jurisdiction and/or control … The existing laws, regulations and practices that discriminate against persons with disabilities … The lack of information on policies, programmes and measures that will be put in place by the State party to protect persons with disabilities from being negatively affected when article 50 of the Treaty on European Union is triggered.”


It goes on to say in paragraph 7(c) that the UK should

“Adopt legally binding instruments to implement the concept of disability, in line with article 1 of the Convention, and ensure that new and existing legislation incorporates the human rights model of disability across all policy areas and all levels and regions of all devolved governments and jurisdictions and/or territories under its control”.


There are 78 paragraphs in this UN report setting out what we must still do to comply with the UN CRPD; the Government are due to report back by 8 July 2023. In other parliamentary debates, Questions, Statements and legislation, Parliament is being told time and again by this Government that they want to meet those requirements because complying with the UN CRPD is an absolute priority.

I give two extremely brief illustrations of the failings, which are obvious to me as a disabled person but may not be to others. They would be resolved with a clear and legally binding requirement for accessibility criteria. The first is a bus driver on a publicly funded route, contracted by a council, who refuses to accept a wheelchair user because that driver still has the power to ignore the law and does not want to ask people to move out of the wheelchair space. The second is that a large number of DWP offices and those of their subcontractors —which are used for the assessment of individuals for their access to benefits, whether specifically disability benefits, universal credit or any other benefit—often have steps or stairs and no lift. There continue to be regular reports in the press of disabled people being marked as “no shows” at interviews when they could not access the building, which then results in them being penalised and not receiving the benefits. That is shameful. It also presumes that there would be no staff with disabilities who need to access the buildings, which is just unacceptable.

That is why we need Amendment 141. I look forward to the Minister’s explanation of how this Bill will meet the UN CRPD in relation to all matters on public procurement.

Upholding Standards in Public Life

Baroness McIntosh of Hudnall Excerpts

Wednesday 8th June 2022 Lords Chamber

[Lord True (Con)]

My Lords, I refer the noble Lord to the exchange of correspondence between the noble Lord, Lord Geidt, and the Prime Minister. In his letter to the noble Lord, Lord Geidt, the Prime Minister set out his own sense of his actions—I refer noble Lords to that letter and the way that he has held himself accountable publicly for those actions.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the Minister clearly thinks that six months is not enough time to consider the recommendations. He may well be right, but would he like to hazard a guess as to how much more time will be needed before they have been considered?

[Lord True (Con)]

My Lords, it is always dangerous to specify any date in your Lordships’ House. What I will say is that I personally—as do many people across the Government; in fact, the whole Government—view the recommendations and the advice that we receive from independent bodies as of great significance and importance. I hope before too long to come forward with responses on other recommendations. They will not all be in line with the recommendations; for example, the Labour Party has rejected the view that a single ethics commission should not be set up, and is calling for one.

House of Lords: Appointments

Baroness McIntosh of Hudnall Excerpts

Wednesday 18th May 2022 Lords Chamber

[Baroness McIntosh of Hudnall (Lab)]

My Lords, on the point that the Minister has just made, can he remind the House how much refreshing has been done of the Government Benches during the last two, or perhaps two-and-a-half, years, as compared with the refreshing that has been done of other groups?

[Lord True (Con)]

My Lords, if I may express an opinion, as I have already said, I am very aware of the feelings on the Benches of Her Majesty’s Opposition about the case for refreshment of those Benches. I will say no more than that, but I think it is a strong case.

Covid-19: National Memorial

Baroness McIntosh of Hudnall Excerpts

Wednesday 8th December 2021 Lords Chamber

[Lord True (Con)]

My Lords, I do agree, although that is obviously not entirely under the control of Her Majesty’s Government. However, there are billions of people across the world who will need to be satisfied and have their minds put at rest in the way my noble friend asks.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, does the Minister agree that perhaps one of the best memorials to those who have died, and those who may still die, from this virus would be that we are better prepared for the next one?

[Lord True (Con)]

Yes, we should always seek to be better prepared for everything in life. When we have the inquiry, I have no doubt there will be lessons to be learned by this Government, and I agree with the noble Baroness that the Houses of Parliament and the whole community will want to learn every lesson.

House of Lords: Appointments Process

Baroness McIntosh of Hudnall Excerpts

Thursday 18th November 2021 Lords Chamber

[Lord True (Con)]

I am surprised by my noble friend’s phrase, “an automatic passport”. If one looks at the record of people who have come in under the rubric he cited, including a noble Lord who is often mentioned here, one will find that they have made extraordinary and large-scale philanthropic contributions to society. One needs to see an individual in the whole and a House in the round.

Volunteering and supporting a political party are part of our civic democracy. Political parties are part of public service. In Britain, taxpayers do not have to bankroll political parties’ campaigning. Political parties have to raise money themselves and follow transparency and compliance rules that are laid out in law. Those who oppose fundraising need to explain how much they want taxpayers to pay for state funding instead.

I must conclude. In time, we will have an opportunity to discuss the favourite topic of my noble friend, as I like to call him, the noble Lord, Lord Grocott. On 3 December there is a debate on the issue that he and others have put before the House in relation to hereditary Peers.

In conclusion, I repeat that the constitutional position in this country is that the Prime Minister is responsible for advising Her Majesty on appointments to the House. The Government do not see the case for changing this. The Prime Minister is ultimately responsible to Parliament and the people for nominations he makes to the House and how he conducts that work. The Government do not plan to establish a committee—

[Baroness McIntosh of Hudnall (Lab)]

We have maybe a couple of minutes in hand before the hour is up, and the Minister is apparently about to sit down. Will he please explain his reference to piecemeal reform as being not desirable? This House has been reformed—or adjusted, anyway—many times in its history, sometimes substantially but always in a piecemeal way. That is how it has progressed. Can he explain to the House what it is about this moment in the history of the House of Lords, and our politics more generally, that makes it not desirable for piecemeal reform to be engaged in?

[Lord True (Con)]

My Lords, the House of Lords has sometimes had relatively small changes and sometimes relatively substantial changes. In the 16th century, King Henry VIII slung out most of the great abbots who used to sit on those Benches over there. I guess the Bishops may go soon, if the noble Baroness opposite has her way and the Green Party comes into office, as it has in Scotland; I do not hope too much for that. In 1999 there was a massive change. Since then we have had a few changes, but I go back to my original position: the House is presently operating well and effectively. I believe we should stop criticising and lacerating ourselves and concentrate on the good work we do.

There will come a time when the great question will be asked: how, in the long term, should this House be constituted? That was implicit in the remarks made from the Front Benches opposite, but for now, the Government do not support or propose further piecemeal change, so we do not plan to establish a committee to explore further the process for appointing Peers. I must disappoint my noble friend, but I am grateful to him and all who spoke in a most interesting debate on the Question today.

Protocol on Ireland/Northern Ireland (EUC Report)

Baroness McIntosh of Hudnall Excerpts

Monday 13th September 2021 Grand Committee

[Baroness Chapman of Darlington (Lab)]

My Lords, it is a pleasure to follow the noble Lord, Lord Purvis, especially as he ended on something of an optimistic note. There was not a lot of optimism in his contribution, but he at least spoke of future prosperity for Northern Ireland, which I think is a desire we all share.

I thank the committees, and especially the noble Earl, Lord Kinnoull, and the noble Lord, Lord Jay, for their excellent work in leading this important task. The noble Earl began by recalling someone saying that being in Northern Ireland at the moment has felt like being used as a pawn in a game. It is a dreadful assessment, and it ought to stop us all in our tracks. Both reports emphasise the value of establishing a relationship of trust between the United Kingdom and the European Union. The point made by the noble Lord, Lord Jay, about scrutiny of EU legislation as it affects Northern Ireland is important and I look forward to the Minister’s response to his question.

The committee sees some reasons for optimism about Northern Ireland’s ability—

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I apologise for interrupting, but, as we have all been anticipating, there is a Division in Chamber. The Committee will adjourn for five minutes—I believe that is the accepted time—in order to allow Members to record their votes.

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[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

The five minutes we were allotted for voting have elapsed, but a significant number of Members of the Committee seem to have gone elsewhere. Since we are on winders, I am afraid we cannot really proceed without them. Anybody who knows where they are and could chivvy them might be doing us all a favour.

Sitting suspended.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, rather than delay the Committee any further, I think we will proceed, although I believe we are still missing one Member, who, let us hope, will return shortly.

[Baroness Chapman of Darlington (Lab)]

I am sure that the lure of a cup of tea was probably greater than the speech that I am about to finish, or that the Minister will provide as well.

The committees have done vital work but, so far, the Government have been unable to clarify a way forward. Perhaps not today—that might be too much to ask—but we look forward soon to the Minister providing answers to the question of what the future will look like for Northern Ireland and when we will see arrangements on a long-term, secure and predictable footing. As the noble Lord, Lord Wood of Anfield, said, the Government need to be candid—as candid as they can—about what the protocol does, as opposed to what the Government say or have said in the past it does. Does the Minister agree with the noble Lord that failing repeatedly to implement the protocol and having government by grace period is disastrous for the UK’s international reputation?

Various solutions have been proposed, but we all seem broadly to agree that a red line needs to be that any suggestions requiring border infrastructure on the island of Ireland should be disregarded. Many issues will have to be overcome, but I do not want to have to explain to the next generation of young people in Northern Ireland that a hard border, with all the consequences we fear that would bring, came about because this generation wanted the freedom to reduce food standards despite saying that they had no intention of reducing standards. As the noble Baroness, Lady Suttie, said, regulatory sovereignty should not be prized at the expense of political stability. I realise that that is a very stark way of putting this. I expect the Minister will say we can have both—I do hope so—but it would be useful to know how he intends to do that.

I enjoyed the speech of the noble Lord, Lord Empey, very much. It was really engaging. I was just saying to the noble Earl, Lord Kinnoull, that I could listen to him all day.

[Baroness Chapman of Darlington (Lab)]

I am sure they do. He urged realism and pragmatism, and encouraged dialogue, and he is obviously right on all those points. We used to hear a lot of talk about technological solutions to this problem. Can the Minister update us on whether the Government are still pursuing those technological solutions and describe to us what they could involve?

The current situation of deadline followed by extension followed by deadline is a nightmare for business. Options are available: alignment, equivalence, domestic legislation. The choices we have are sometimes considered in a very rigid and limited way, posing alignment against equivalence. As the noble Baroness, Lady Ritchie, said, we need a bespoke solution for Northern Ireland.

The Government have rejected alignment, and the EU has rejected equivalence. That is fine, but we need flexibility and compromise, and, as we have heard repeatedly today, we need trust. We could introduce domestic legislation, for instance. What response have the Government had from the European Union to the option of imposing penalties on businesses which are found to have failed to comply with the rules?

In his speech at the British-Irish Association on 4 September, which was referred to by other contributors, the Minister said that these are

“existential issues of territory, of identity, of borders, all against a background of a peace process and institutions in Northern Ireland which can only bear so much weight … So we badly need to look reality full-on. To put our arrangements here onto a more durable and sustainable footing, one that represents genuinely mutual benefit”.

I welcome this. I could not agree more. This is the kind of approach that we need from the Government. I note that the tone from the European Union also seems to have changed in recent weeks. However, other than saying in the Command Paper that Article 13 of the protocol allows for subsequent agreements to replace it, the Minister does not really tell us what he thinks should be done. Still, this is a change of tone, and we should welcome it.

While we have the Minister here, I want to ask him about Article 10 of the protocol, which has not received much attention today. Can he provide the Committee with his assessment of whether, and in what circumstances, Article 10 has any impact on state subsidy in Great Britain, not just in Northern Ireland? What legal advice was sought before agreeing to Article 10? Did he know that restrictions on subsidy in Northern Ireland could “reach back”—which I think is the legal term used—into the rest of the UK? I ask this because not only because I am interested in the answer but because I know from the Command Paper that the Government think that Article 10 is now redundant. I can see why they would make that claim, but it reveals their approach to these negotiations. After all, the Prime Minister described the protocol at the time as an ingenious solution. Did he know when he made that comment that he was potentially compromising on state aid? If he did not, he really should have done.

The Government have an appetite for immediate gratification, agreeing things to get through the immediate crisis. This can work; we get it—

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

I am terribly sorry to interrupt the noble Baroness again. She is most unfortunate to have had both these votes in her speech, but there is a Division again in the Chamber. The Committee will adjourn for five minutes to allow Members to record their votes.

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[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

I sense the Committee is anxious to be under way again, so let us say five minutes have passed.

[Baroness Chapman of Darlington (Lab)]

Thank you, I feel like I should appeal for injury time or something. I was talking about the Government’s appetite for immediate gratification and was about to ask the Minister whether he has reached the point where he accepts that a change in approach is needed.

It seems very clear that in their haste to sign an agreement the Government either did not do their homework and think through the implications or, perhaps more likely, knew what they were signing up to but did so with insufficient regard to the UK’s need to keep its obligations. This is particularly troubling when we seek to establish new trade relationships around the world. The country and our partners abroad will be asking themselves whether this is just bad faith or incompetence. Whichever it is, it is coming at a real cost for Northern Ireland and the UK.

We need serious long-term solutions, and it seems pretty obvious to most people, from contributors to this debate to the CBI and the Ulster Farmers Union, that we need a veterinary agreement. We have nothing to fear from cast-iron commitments to high standards. After all, that is a commitment the Conservatives made in their manifesto. Finally, I stress to the Minister that instability is once again building, and we cannot have another year of stop-gap solutions. We need a long-term agreement which will reduce the barriers to which the Government agreed.

UK-EU Trade and Co-operation Agreement

Baroness McIntosh of Hudnall Excerpts

Thursday 29th April 2021 Lords Chamber

[Lord Frost (Con)]

My Lords, the answer is yes as regards the civil society forum. We are considering how it should be established and will provide an update in due course. We are engaging with civil society in the usual way on TCA implementation matters. As regards seafood and, indeed, food and drink exports of all kinds, we are very much supportive of businesses’ efforts to deal with the situation that has arisen after we left the EU. We put forward a fund of £20 million for small and medium-sized enterprises to help them with this issue and are doing everything we can to support them.

[Baroness McIntosh of Hudnall (Lab) [V]]

My Lords, I remind the House of my interests in the register. The noble Lord will be aware of the multiple difficulties now facing professionals in the creative industries who wish to work in Europe. If he needs reminding of the issue, perhaps I may recommend an excellent article in yesterday’s Times, under the headline “Our actors and musicians need help with Brexit red tape”. The Prime Minister indicated to the Liaison Committee on 24 March that he wanted the Government to help so, in that spirit, as we move into the next phase of our relationship with the EU, will the Government now negotiate with the EU a bespoke visa-waiver agreement for our brilliant creative industries?

[Lord Frost (Con)]

My Lords, the Government are hugely supportive of our world-class creative industries, which contribute so much to the economy and to our national life. We put forward in the negotiation ambitious solutions to the issues that they faced. Unfortunately, the EU was not willing to reach agreement on them. We are now working energetically to see if we can work with our European friends bilaterally, with the aim of reducing the most difficult barriers to travel.