Trade Union Bill

Baroness Morgan of Ely Excerpts
Tuesday 19th April 2016

(8 years, 7 months ago)

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Moved by
32: Clause 21, page 16, line 30, at end insert “, subject to subsection (2).
(2) This Act does not affect public bodies in Wales.”
Baroness Morgan of Ely Portrait Baroness Morgan of Ely (Lab)
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My Lords, to many, it may seem that we do not need to debate the issue of the disapplication of this Bill to public services in Wales because we have gained those valuable concessions from the Government, particularly on facility time and check-off. I thank the Minster very much for listening to us and heeding our warnings and advice on that very important issue. However, it is important to stress a principle here, and that is what I want to discuss. We think that the Government have overstepped the mark on a matter of principle in that they should respect the devolution settlement of the UK. They tried to impose these measures on Wales without having the right or the powers to do so. We would just like to give a warning today not to try to overstep that mark again. We think that they were wrong to do it; it was a power grab and a mistake.

The Welsh Government, supported by a massive majority in the Senedd, have argued that public services are devolved and that their organisation should therefore be managed by Wales. By contrast, the UK Tory Government argued that employment is a reserved matter and is therefore their call. The situation in Scotland is different as it does not have a reserved model of government but a conferred one and the lines are more blurred in terms of who has the powers.

Today, the Labour Party launched its manifesto for the Assembly elections in Wales. It clearly states that,

“we will repeal sections of the UK Government’s regressive Trade Union legislation in devolved areas”.

It is there in black and white. Had these issues been pursued, the Welsh Government would have taken steps to overturn a measure which they believe is in their remit.

I am sure that noble Lords noted that I was very restrained in Committee and did not—for fear of further embarrassing the Government—refer to the leaked letter which came into our hands. In that letter—I was quite good then but the game is over now, so I can refer to it—the matter of whether the UK Government had the ability to legislate in this area in relation to Wales was discussed. I remind the Minister that the letter said that, according to advice from First Treasury Counsel, the Government have a,

“weak case in relation to Wales”.

The Government had a weak case and it is still a weak case. I hope they will respect their own policies in relation to devolution. In the draft Wales Bill, written by this Government, it is stated that,

“it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Assembly”.

I hope they will heed their own words and respect the devolution settlement for Wales.

Lord Wigley Portrait Lord Wigley (PC)
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My Lords, I added my name to this amendment and I am glad to associate myself with almost everything the noble Baroness, Lady Morgan, said. I shall make an exception for the Labour manifesto, which has at long last appeared, and I contrast its rather thin guise with the 190 pages that Plaid Cymru has put forward—be that as it may. However, I welcome the progress that has been made in recent days, and particularly this afternoon, with regard to the Government’s movement on these important matters. I hope it is an indication of a more positive approach to these issues and an avoidance of the unnecessary involvement of legislation in matters that should not have legislation.

Turning to the amendment, clearly the Government of Wales have relationships with employees in Wales directly, through their own responsibilities, and indirectly, with regard to such bodies as the health authorities and the local authorities in Wales. We have a saying in Wales: you can lead the workforce through hell and high water but once you start driving them, woe betide. There is a different industrial climate and it is a climate that begs a co-operative approach, as opposed to a top-down approach. Because of that difference, it is very important that the legislature at Westminster does not involve itself unless it is really necessary—and I cannot see why it would be necessary in such matters.

It would be good if the Minister could indicate from the Dispatch Box today that the Government take this on board and are particularly sensitive to the questions that have arisen from the disputes between Westminster and the National Assembly—between the Government of Wales and the Government at Westminster—over the interpretation of legislation. The last thing we want is for that sort of dispute to lead to difficulties in working between the workforces and the Government.

In concluding, I draw the Minister’s attention to the fact that we do not have a strike by junior doctors in Wales because there is an understanding between the employer and the doctors. It is an approach that I commend to Westminster and I urge the Minister to take note of this amendment and its implications.

--- Later in debate ---
Earl of Courtown Portrait The Earl of Courtown (Con)
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My Lords, I ask the noble Baroness to give way. She knows as well as I do that this is Report stage of the Bill, and she can question the Minister on a material part of the Bill but she cannot make another speech.

Baroness Morgan of Ely Portrait Baroness Morgan of Ely
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If the noble Baroness has finished, I shall move on. I am glad the Minister said that she has listened to our concerns. However, I am a bit disappointed by what she said this afternoon. I do not want to go on for too long as I know that we want to move on. However, the fact is that the conferred model is far more complicated than she made out. It is not the same as the Scottish model. The courts have said that it is different. There is already differential treatment between the way that workers—

Lord Elton Portrait Lord Elton (Con)
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With the leave of the House, I remind the noble Baroness that we are on Report. She is not asking a short question but rather making a speech.

Lord Elton Portrait Lord Elton
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I apologise. I came in late.

Baroness Morgan of Ely Portrait Baroness Morgan of Ely
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The noble Lord should have been here when we were discussing this earlier, but there we go. It is important to note that there is differential treatment at the moment between workers in Wales and workers in England. To give noble Lords an example, every worker in the Welsh health service receives a living wage. That is a differential. Things are already different. The cat is out of the bag and you cannot put it back. That is the situation and it is important that it is respected. The Minister cannot possibly have any idea how health boards are managed in Wales as they are devolved. How can you say how much time they should have—or whether they should have any time at all—to discuss trade union matters?

We are not suffering a doctors’ strike in Wales because we allow facility time to happen. The trade union movement and the managers of hospitals have made it absolutely clear that they think this would be a retrograde step that would lead to worse industrial relations.

I am disappointed that the Government have not quite understood the constitutional issues within the amendment, but this is a day to celebrate. We have won major concessions from the Government today and I do not want to end on a negative note. We will come back to fighting the devolution corner and discussing the constitution of the United Kingdom. I want to celebrate the fact that we have had major concessions today and we are very grateful for them. I beg leave to withdraw the amendment.

Amendment 32 withdrawn.

Chilcot Inquiry

Baroness Morgan of Ely Excerpts
Thursday 22nd October 2015

(9 years, 1 month ago)

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Baroness Morgan of Ely Portrait Baroness Morgan of Ely (Lab)
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My Lords, I first stood at this Dispatch Box about a year and a half ago, and the issue we were discussing at that point was Chilcot; we were awaiting the imminent publication of the report. But here we sit, £10 million poorer and still waiting.

I thank my noble and learned friend Lord Morris for his perseverance in pursuing the publication of this report, but we do not believe that it would make sense, after all the money spent and all the time committed, to dismiss members of the inquiry team and produce an interim report. However, I cannot emphasise enough that Labour would like to see the report published as soon as possible without compromising the thoroughness of the inquiry.

It is worth recalling that we are not here today to debate the substantive issues of the Chilcot inquiry. Whatever the rights and wrongs of the Iraqi invasion, a Labour Government under Gordon Brown initiated the Chilcot inquiry in 2009—a public inquiry into the nation’s role in the Iraq war. We appreciate the vast scope of the report, both in terms of the time period it covers and the range of issues which it seeks to address. The report will cover the run-up to the 2003 conflict, the legality of military action, faulty intelligence, the subsequent military action and its aftermath, and will attempt to establish the way decisions were made and the handling of Iraq after the invasion. It will also identify lessons to be learned to ensure that in a similar situation the British Government will be equipped to respond in the most effective manner and in the best interests of the country. The task set for the committee is huge.

Six years since the establishment of the inquiry, with hearings completed in 2011, it is difficult to explain, in particular to the families of those who lost loved ones in the war—alluded to by my noble and learned friend Lord Morris and the noble Baroness, Lady Falkner—the prolonged length of time it has taken to complete this difficult exercise. The people involved in decisions on intervention in Iraq have also stated that they are keen to see the report published. Tony Blair himself said in June last year:

“I have got as much interest as anyone in seeing the inquiry publish its findings”.

However, the delay in the publication however does not matter just to them but to all of us. Even the most cursory glance at the region today leads us to conclude that post-war preparation was ill-conceived and ill-prepared. The area of Iraq is still extremely unstable, with IS having taken control of large swathes of the country. The United Kingdom Government, with support from Labour, have already agreed to go back into Iraq to help support the democratically elected Iraqi Government, who are finding it hard to withstand the incursions of ISIL. It would have been useful to know prior to that decision whether we could have learned lessons from our previous intervention.

With the Tory Government hinting very strongly that they are anxious to intervene in Syria, it would be invaluable to learn whether and how mistakes were made so that they can be avoided in future. That may determine whether and how we intervene at all—who knows? How and to what extent we should take a lead or work with coalition partners in future in the Middle East neighbourhood, and how much influence we have on them, are crucial questions for our long-term strategic plans in the region.

We know that there have been many reasons for the delay in publication; they have been outlined very clearly by my noble and learned friend Lord Morris and other noble Lords. It was caused partly by discussions over certain classified documents, in particular in relation to correspondence with US Presidents.

Members of the inquiry team have had access to and sight of this information; they are all privy counsellors and have had access to thousands of documents which have been declassified from a number of government departments, including the most sensitive intelligence documents. My understanding therefore is that Gordon Brown’s promise at the start of this inquiry that,

“No British document and no British witness will be beyond the scope of the inquiry”,—[Official Report, Commons, 15/6/09; col. 23.]

has been respected.

The Maxwellisation process has also caused severe delays and, while we do not object to this process, it seems extremely odd—as suggested by the noble Lord, Lord Marks—not to have given deadlines to witnesses within which time they needed to respond.

It is important that not only do we learn lessons from the invasion of Iraq so that those mistakes are not repeated but that we learn lessons from our system of carrying out inquiries in this country. Even independent inquiries need budget and time restrictions. This is not the first time that an inquiry has taken so long. The al-Sweady inquiry took five years to report and cost £24 million. The Baha Mousa inquiry took three years and cost over £13.5 million. The Bloody Sunday inquiry cost £195 million and took 12 years to report. These are obscene figures and we cannot continue to function in this way when the country is under such immense financial pressure.

We believe that it is time for the truth on this matter to come out. It is time for the report to be published but we are prepared to be a little more patient so that the job is completed properly.

EU: Balance of Competences Review

Baroness Morgan of Ely Excerpts
Wednesday 11th March 2015

(9 years, 8 months ago)

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Baroness Morgan of Ely Portrait Baroness Morgan of Ely
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My Lords, I thank the noble Baroness, Lady Falkner, for ensuring that this important debate has taken place. We are about to enter an election where the future of this country will be decided—not just domestically, but in terms of how we see our place in the world. The question we must ask is: are we going to pander to the hysterical, emotional and populist call to retreat from the EU, or are we going to take heed of the importance of the EU to our domestic economy and to our ability to have influence in the world?

What the balance of competences review has done has been to give us a comprehensive, thorough and balanced analysis of how the EU affects this country. Through analysing in detail 32 areas of policy in a systematic way, looking clearly to see if the principle of subsidiarity has been breached, the balance of competences review has given pro-Europeans valuable ammunition to tackle the sceptics with facts and figures. Labour will, of course, take these into account in its development of future EU policy when it is in government after May.

The publication of this study was one of the last gifts from William Hague to the country in his role as Foreign Secretary. When he took up the post he was not exactly known for his Euroenthusiasm but I am aware that the noble Lord opposite has steered the ship on this issue. We are grateful for his attention to detail on so many of these important issues. The European Union Committee under the chairmanship of the noble Lord, Lord Boswell, is undertaking a review of the whole process relating to this review. We look forward to hearing the results of its deliberations.

While the reports on the various discrete areas of policy are thorough and give both positive and negative assessments of the relationship and its value to the UK, it is notable that there is no overall assessment or conclusion as to whether the EU as a whole is good for the UK or not. For example, there are no recommendations and no clear guidance on the possible repatriation of powers. The result is that there has been little or no coverage of the review which has been perceived by many as a dull, technical exercise. This is a shame because there are some important and clear lessons for the UK to learn. It would probably be overoptimistic of us to expect anything other than that when the facts do not chime with the views of many British newspapers. The Leveson inquiry made it clear that the UK media often make up stories about the EU. Debate on this issue would have caused further ructions within the Conservative Party.

I should like to ask the Minister what his department or, indeed, any other department has done to publish and publicise the review reports and their findings. How much money has been put aside for this? If no money has been put aside, can the Minister explain how the Government intend to engage with the public on these issues if there is no effort to publicise the results of the review?

What have we found out as a result of the review? I should like to pick out three points. One issue which the review has highlighted is how Europeanisation is often a reflection of the globalised pressures on the UK or takes on board the wider, western multilateral efforts in relation to trade and foreign affairs. It is also clear that universities in the UK are particularly enthusiastic about EU membership and what they have gained through the various research programmes where they have notably punched well above their weight.

The report on the single market focuses on article 114 of the EU treaty and concludes very clearly that our markets are so closely integrated that it is not possible to establish a clear division between member state and EU competences in the single market area. In the opinion of most, if not all, observers, integration has brought appreciable economic benefits to the EU and hence to the UK. It has also spread the UK’s liberal model of policy-making more widely across the EU. But there is a recognition that it has brought with it constraints on policy-making of varying kinds and a regulatory framework which some industries handle better than others. There is recognition that the EU could strengthen its own enforcement efforts, as could member states.

It is impossible here to list all the benefits and disbenefits of the single market. It is worth noting that, in 2005, Her Majesty’s Treasury estimated that trade between member states was boosted by 38% through membership of the EU and by a further 9% because of the single market programme, with only 5% of trade diverted from non-member countries.

What was the point of the review? It was partly to paper over divisions on Europe within the coalition—to kick the European issue into the long grass. It was also surely in part to inform a possible renegotiation relationship between the UK and the EU, one that reflects the UK’s national interest. The report provides a very good base from which to work in any renegotiation discussion.

Labour has a very clear view on what we would like to see in that renegotiation. We will seek to reform the EU budget and will initiate a zero-based review of spending on EU agencies. We will seek to reform welfare so that people who come to work in our country have to contribute before they are eligible for benefits such as jobseeker’s allowance. We will close loopholes in rules for agency workers so that they do not allow unscrupulous employers to undercut wages and conditions. We will work with Europe to give national parliaments more of a say in EU policy-making as part of bigger reforms of the way Brussels operates and the way Parliament scrutinises EU business.

Where, however, is the detail from the Conservative Party? It is worth asking why the review was published so near the election and therefore cannot fulfil one of the original purposes of the review, which was to promote a calm and informed debate on the EU. The balance of competences review stands in stark contrast to the ill informed, populist nonsense spouted by UKIP and Tory Eurosceptics. It might have been just as useful to have had a competences review of the coalition’s relationship with the EU over the past five years. The mixed messages, the tantrums, the vetoes, and the failure to build alliances have all done little to endear us to our closest allies in the EU. There was the 2011 veto, which achieved nothing, but which upset our fellow EU member states; Cameron’s failure to see that an increased bill from the EU was coming; his utter humiliation over the nomination of Jean-Claude Juncker; his insistence on pulling the Conservatives out of the EPP and reducing their political influence; his failure to present a comprehensive and clear view of what he wants to see in a reformed European Union. If this exercise was an attempt to pacify Tory Back-Benchers, it has back-fired. They do not want an objective assessment of the usefulness of EU— they want out, irrespective of the damage to our economy.

The question is: will the public and political parties be swayed by fact or emotion on the EU issue? If the public can be persuaded by fact, this will be a useful report. My hunch, however, is that, as Gordon Brown suggested yesterday, we need to appeal not just to the head but to the heart on the EU, and we need to make the emotional and patriotic case to remain a part of that great institution.

I thank the noble Lord, Lord Wallace, for his work as Minister during this period and for injecting a note of sanity into the issue of the EU within the coalition.

Soft Power and the UK’s Influence (Select Committee Report)

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Tuesday 10th March 2015

(9 years, 8 months ago)

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Baroness Morgan of Ely Portrait Baroness Morgan of Ely (Lab)
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My Lords, the report Persuasion and Power in the Modern World represents the very best that this House has to offer. It shows extraordinary strength, breadth and depth, and I congratulate the noble Lord, Lord Howell, and his committee on the excellent work that has been done. Indeed, it is more relevant today than it was a year ago when it was first published. I am quite envious of the fun that they obviously had on the committee.

The report recognises that the world is changing, and our ability to influence that change is being eroded as we are working in a changed environment. We are seeing new, powerful countries emerging. They want to strut their stuff on the global stage. We have social media and the development of this hyperconnected world, which means that individuals have information that they never had access to before. We have seen the rise and rise of massive corporations that have a bigger value than some of the countries of the world.

However, we still have to remember that soft power can have an impact. It is crucial as a mechanism to defend our interests and security, to enhance our reputation and to promote trade and prosperity. It is essential to bear in mind, with the rise of groups such as IS and Boko Haram, that the battle of ideas is as important as the battle of weapons, but it is not an alternative to hard power, as was emphasised by the noble Lord, Lord Howell. This shift to smart power, as my noble friend Lord Soley suggested, must be very carefully managed. We of course need a combination of soft and hard power. They have to be mutually reinforcing.

We first have to ask what our goal is in relation to soft power. One definition that is given in the report is that it is to try to get others to want the same as us. To do that, we need to be clear about who we are and what we want; to be clear in our political purpose, as the noble and gallant Lord, Lord Stirrup, suggested. Do we want to engage with the world? Sometimes I wonder when we hear some of the mixed messages coming from the Government on things like visas.

It is essential, as the report outlines, that we also acquire a deeper understanding of how others see us. Our actions and activities in international organisations across the globe are important, but we are in real danger of seeing our influence decline, particularly with our key continental interlocutors at the European Commission. This does not mean that we see the world in a Eurocentric way: it means that we have an understanding that, if we want to influence the new world, it is best to do that through partnership with our EU colleagues. That decline in influence in the EU is something that we should be concerned about. The Tory—at best—ambivalent attitude towards the EU is damaging. We cannot see engagement, we cannot see influence and we certainly cannot see leadership.

The EU institutions are absolutely key in terms of influence and the people who work there are critical. The EU Commission UK staffing has reached a critically low level. A UK parliamentary report suggested that the number of UK nationals on staff at the Commission is 4.6% compared to France with 9.7%. On the staff of the European Parliament, the figure was 6.2%, which has gone down to 5.8% in three years. Why is it that we cannot recruit? We know that part of the answer is because of our deficiency in terms of language skills. It is a problem that we do not just have now: we are storing up problems for the future. I know the Government are aware of this, but is there any progress? Have we seen any progress in relation to this issue of our representation at the EU? It is worth underlining that because I know of a British Commission staff member who is in the process of taking up alternative nationality because of concerns about the UK’s ambivalent attitude towards the EU project. It is damaging and it is happening. These people are our eyes and ears on these organisations.

I would like to draw attention to the kinds of staff representing us as well and the need for diversity at the FCO. In 1998, Robin Cook drew attention to the fact that 48% of successful applicants to the FCO were from Oxbridge. He said that he wanted a less male-dominated FCO, with fewer from private schools. There have been improvements, but we need to go further in terms of reaching out beyond the usual suspects. We have a huge pool in the UK of first-generation UK citizens who move very easily from Farsi to English, Mandarin to English or Urdu to English. It is not essential that your ancestors came over with William the Conqueror in order to serve in the FCO. The failure of the FCO to reach its own targets on recruiting females does not fill me with confidence. Only 20% of the heads of missions overseas are female. Reflecting the diversity of the UK nation in our FCO staff is as important when giving a UK message to the world.

Beyond the Diplomatic Service, we have two absolute jewels in our soft power treasure box: the British Council and the World Service. So many Peers have talked about them today. I pay tribute to the British Council and thank all noble Lords who have talked about it. It needs support. The World Service has a world-class reputation. It is seen as independent and at arm’s length from politicians. That was also discussed in the report: the need for soft power to be seen as more independent. It is worth noting that there have been significant cuts in the service, with 22 bureaux cut, including the one in Ukraine. Radio programming in seven languages, including Russian and Ukrainian, was cut in 2010, although the Russian BBC online service has had that impressive reach that was outlined by the noble Baroness, Lady Suttie. This is at a time when 25 countries have launched their own English language world affairs outlet. Let us not throw away the head start that we have. Following up on the comments of the noble Lord, Lord Birt, on the influence that the FCO has on the World Service now that it has been effectively transferred to DCMS and the BBC funding pot, will the Government say what the relationship is between the FCO and the World Service today?

It is also worth asking whether UK soft power assets such as the BBC could be used for conflict prevention—not directly, of course, but could the BBC World Service, for example, broadcast factual programmes with examples of peaceful conflict resolutions, without taking any particular side and without compromising its independence? Could the Government also go further in engaging NGOs and the British diaspora to alert the Government to potential crises—listening, as my noble friend Lord Judd suggests?

I congratulate the noble Baroness, Lady Wolf, on her very impressive maiden speech. It was worth listening to the way that she underlined values and emphasised respect for evidence, accuracy and transparency and the consideration of opposing views. These are worthy British values and things that we need to underline. It is also worth taking up and considering the points made by the noble Lords, Lord Crisp and Lord Kakkar.

The UK is uniquely placed in terms of history, legacy and expertise. We have a huge advantage through being involved in a wide range of international institutions, such as the Commonwealth, where we have developed worthy reputations over generations. Again, this advantage should not be squandered. It is essential that we build on the strengths that we have, while recognising that the world has changed. Young people around the world today are as likely to watch young Brits sticking home videos on YouTube as representatives of the UK and UK values as they are to tune in to the World Service, but there is still a role for the state to contribute. There has been a shift in terms of economic power to the east and we need to recognise that the old structures are not the only way of co-operating.

We are just about to enter an election race which will determine what kind of country we will be in terms of interacting with the world. The report itself says that it will be difficult for the UK to portray itself as an open and tolerant country if, at the same time, we are engaged in an increasingly vitriolic debate about immigration. I dearly hope that any debate around the issue of immigration at the election will not damage our standing in the world and reduce our reputation as a tolerant nation. I hope that, as a country, we will not waste the advantage that we have but will encourage the use of these valuable assets in the area of soft power. It is essential that we remain an outward-looking country, open to the wider world, a world where we can influence with hearts and minds, not just with bullets.

Tehran: British Embassy

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Monday 2nd March 2015

(9 years, 8 months ago)

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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, the Government are very well aware of that and we are anxious to reopen the embassy. However, we need some reassurances on the return of equipment to re-equip the embassy, the safety of employees and a number of other issues before we can finish the negotiations.

Baroness Morgan of Ely Portrait Baroness Morgan of Ely (Lab)
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My Lords, Labour welcomes the appointment of the chargé d’affaires for Iran as a step towards the re-establishment of full diplomatic relations with the country. Can the Minister elaborate on what assurances the Iranian Government have given to the UK Government for the protection of British diplomatic staff and their ability to carry out work without hindrance if and when the embassy is opened?

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, the noble Baroness will know that the Iranian Government are not simply a monolith. We negotiate on nuclear matters as well as on reopening the embassy with the Iranian Ministry of Foreign Affairs. There are other elements in the current Iranian regime which are not as easy to negotiate with or to gain assurances from as the Ministry of Foreign Affairs.

Palestine: Recognition

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Thursday 29th January 2015

(9 years, 9 months ago)

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Baroness Morgan of Ely Portrait Baroness Morgan of Ely (Lab)
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My Lords, I thank the noble Lord, Lord Steel, for introducing this important debate—a debate which has provoked some very strong and powerful presentations on both sides and in which I think both sides of the argument have been equally represented.

We have now had decades of turmoil in the Middle East and see continual brutal and bloody conflict. The events in the summer of 2014, with attacks on both Israel and Palestine, served to underline the need for a return to meaningful negotiations. It was a painful and stark reminder of how distant and difficult the prospect of a peaceful resolution to this conflict remains.

The two-state solution has been the UK’s stated policy for decades, as my noble friend Lady Blackstone indicated. Labour fully supports two states living side by side in peace, with the need for this to be recognised by all their neighbours. However, this conflict will be resolved ultimately only by both sides engaging in a negotiated peace process moving towards that two-state solution.

The tragedy is that today there is not only no peace but no process, and in this environment despair dominates as hope struggles to survive. Labour believes that statehood for the Palestinians is not a gift to be given but a right to be recognised. That is why since 2011 Labour has supported Palestinian recognition at the United Nations and has called on the Government to support this important principle.

A key principle of establishing the State of Israel was that it should be a place where Jewish people could feel safe. I am sure that many Israelis—in particular, after the indiscriminate bombings on buses, murders in a synagogue and targeting of missiles on residential areas—would argue that they still do not feel safe. Of course the rise of anti-Semitism in western Europe should also concern us all. Israel has an absolute right to defend itself but many would argue that last summer’s indiscriminate bombing and massive destruction of Gaza was wholly disproportionate.

This week, as a good Welsh socialist, I have been reading a new biography of Aneurin Bevan, who, in relation to the Suez crisis, stated that military success would,

“only prove that we are stronger than the Egyptians. It won’t prove that we are right”.

I believe that the same could be said of some Israeli attitudes towards the Palestinians. What we really need to ask is how we can practically move the debate on in the region. Recognition will ultimately succeed only if it is a part of a significant peace negotiation covering mutual recognition, secure borders and general security.

If we really want traction in the area, we need to be aligned with our allies. We need to act where possible with our EU partners and work with the quartet. There are balances we must advocate. The Israelis must act in accordance with international law. They cannot colonise other people’s land, deny them a contiguous economic territory, and build barriers on that land. The Palestinians on their part must take active steps, if necessary with regional neighbours, to stop terrorist attacks, and should unify in a political authority in a form which renounces terrorism. Palestinians must recognise the right of Israel to exist as a permanent entity within secure borders. We must be aware that either side can create or seize on any excuse for fighting or stopping talking.

We also need to engage in a more practical approach to building bridges between the two sides, providing aid and capacity building. We should promote economic co-operation in a very practical way, and we should do more with the near and more distant neighbours as a stimulus to security and economic development. The world has waited for the Oslo accords to deliver and has watched the dispute over territory for 66 years.

Particularly in the West Bank and Gaza, where 56% of the population is under 24 and where unemployment among the youth stands at 38%, how do we encourage those moderate voices in Palestine who are suffering from extreme poverty? How do we ensure that people who have had their homes and communities destroyed and can see no prospect of a lasting peaceful solution through diplomacy continue to follow a path of non-violence? How can we make them believe that there truly is a solution which can be worked out if there has been no prospect of a negotiated settlement for more than 20 years? Building a more vibrant economy must surely be part of the answer.

After decades of diplomatic failure, there are those on all sides who question whether a two-state solution is any longer possible. That is why Labour believes that, amid the undoubted despair and disappointment, the international community must take concrete steps to strengthen moderate Palestinian opinion. Of course we take note of the comments of the noble Lord, Lord Bew, who suggested that that would be extremely difficult to achieve, but it is the only hope. We must encourage all Palestinians to take the path of politics, reject the path of violence, and rekindle hopes that there is a credible route to a viable Palestinian state and a secure Israel which can be achieved through negotiations.

We are clear that Palestinian recognition at the UN would be such a step. Our support for the principle of UN recognition is not a means of bypassing the need for talks, nor an excuse for inaction in seeking to get negotiations restarted. The Motion before the House in October did not commit Labour to immediate recognition of Palestine or mandate the UK Government to immediately bilaterally recognise the state of Palestine, but the vote supported by Labour underlines the party’s belief in the principle of recognising Palestinian statehood. The timing and mechanism by which Palestinian recognition takes place will continue to be a matter to be decided by an incoming Labour Government.

Boko Haram

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Tuesday 27th January 2015

(9 years, 9 months ago)

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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, I am well aware of that. But, as the noble Baroness well knows, radical movements of this sort, made up of the young, discontented and jobless, tend to latch on to whatever ideologies they can find.

Baroness Morgan of Ely Portrait Baroness Morgan of Ely (Lab)
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My Lords, we understand that up to 100 British soldiers are being lined up for a mission to train the Nigerian military in its fight against the Islamic extremists of Boko Haram. Will the Government ensure that human rights training is included in this initiative?

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, I am not going to comment on operational numbers. We have a military mission there and we are also sending people in on short-term secondments to help with the training. Of course human rights is a part of this, as I mentioned.

National Parliaments (EUC Report)

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Monday 15th December 2014

(9 years, 11 months ago)

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Baroness Morgan of Ely Portrait Baroness Morgan of Ely (Lab)
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My Lords, I thank the committee and the noble Lord, Lord Boswell in particular, for the excellent work that they have done in this report. It has been an urgent and necessary task to look at, and to try to do something about bridging, the gap between the legislatures and the public. That is certainly true in terms of EU legislation and the citizens of the European Union. The distance between elected representatives and the public is certainly a problem. It is a problem for the European Parliament. It is probably fair to say that, in general, people relate more readily to national parliaments, so how national parliaments relate to EU law is absolutely critical. It is worth taking note of the wise words of my noble friend Lord Judd in terms of how we engage people beyond the usual suspects and try to go beyond the elite when we are taking evidence. That may go some way to bridging that gap.

I served 15 years as a Member of the European Parliament. I can tell noble Lords that during that time, the Lords European Union Committee was the best example that we had of how national parliaments interacted with the process of EU legislation. Yes, there were some good examples in Holland and Denmark as well, but the fact that this House took that responsibility seriously was noted. It therefore makes sense that your Lordships’ committee is the group that comes up with practical reasons for why national parliaments perhaps find difficulty in influencing EU debates and provides some constructive suggestions about how some of those problems can be overcome.

The report recognises that national parliaments have a dual responsibility in relation to EU law, not just in scrutinising their own Government’s positions on EU policy, but in influencing more directly EU institutions and proposed laws. The authors have correctly identified that a national parliament holding its own Government to account for its EU policy positions can be done now. It is a matter of the will of parliamentarians and of their Governments to effect that will. As the noble Lord, Lord Boswell, said, the UK has to put its own house in order when it comes to this.

It is worth noting that the House of Commons Library reported that the number of laws influenced or based on EU law varies between 15% and 50%, depending on the definition. Knowing that, does Parliament have the balance correct in terms of the time and resources set aside to scrutinise these laws, given the number and quantity of laws emanating or being influenced by Brussels? Let us be clear. These laws are not decided by Brussels: they are proposed by Brussels. No EU law is passed without the UK Government having been involved in detailed discussions in terms of the outcomes. But the Government need to be held to account by Parliament on their position in relation to EU law.

A point not picked up in the report is the fact that it would be extremely difficult for some Parliaments, including the UK Parliament, to keep up with legislative scrutiny of EU laws, as we sit for only 30 weeks a year, compared with the 45 weeks a year that the European Parliament sits. That point was made by my noble friend Lord Judd. We need therefore to take seriously this point of prioritising the laws on which to focus.

Some of the major decisions that are made in the EU, which set the political direction and tone for various debates and forthcoming EU laws, are made, as has been pointed out, in the European Council meetings. The suggestion by the committee of holding pre-Council scrutiny meetings to feed into government preparations, rather than holding them afterwards, makes eminent sense. However, due to the fact that the Government are by definition entering into a negotiation, we understand the need to be sensitive to the view that requiring the Government to disclose their negotiating plan in public would not necessarily be in the interests of the UK. But that does not mean that they cannot listen, as the noble Lord, Lord Maclennan, suggested.

Lord Davies of Stamford Portrait Lord Davies of Stamford
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Is not the simple solution to this problem that these pre-decision scrutiny sessions should, where necessary or when the Government so desire, be held in private? I understand that that works in Denmark. There is no problem with leaks and the system works perfectly well as a result.

Baroness Morgan of Ely Portrait Baroness Morgan of Ely
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That makes a lot of sense. As long as there is an understanding that sessions are held in camera, I see no problem. But accountability pre-scrutiny and pre-Council makes sense. It is something that we should perhaps take up.

In terms of influencing EU institutions more directly during the process of elaborating legislation, the process becomes more complicated. For me, one of the problems when reading the House of Lords European Committee reports as an MEP was that, despite their brilliance, they would almost invariably be published after the law had been passed. Although there were some gems in there, in terms of critiques of EU directives, they were too late to influence the debate—which is why that pre-legislative scrutiny by national parliaments would be invaluable.

Analysing the Commission’s work programme would be an obvious way of ensuring a degree of pre-scrutiny, and it should become a core task—as has been suggested—of the whole Parliament and all the relevant Select Committees, rather than the preserve of EU committees. Furthermore, will the Minister comment on how we get a degree of consistency, as referred to by my noble friend Lady Quin? How do we ensure that there is a systematic approach to thorough, ongoing analysis by subject committees?

It is also essential that policymakers have a thorough understanding of the legislative processes of the EU institutions. In my experience, that was not obvious, even—dare I say it?—when dealing with some of the UK Ministers involved. So, mainstreaming, as the noble Baroness, Lady Smith, mentioned, is critical.

The committee’s suggestions for tightening up the reasoned opinion procedure make sense, and the fact that only two yellow cards have been given since the introduction of that system suggests that the hurdles may be too high. I note, however, that the expectation that the Commission should respond within a set timeframe is possible only if resources are provided. Imagine the resources involved in giving a comprehensive response to the 2,000 written contributions made since the Barroso initiative was introduced. There were 33,000 members of staff in the Commission last year. Let us compare that with the number of staff employed in the Department for Work and Pensions: 90,000. Just imagine the extra burden on the administration in answering 28 member state parliaments within a tight timeframe. Something would have to give; something would have to be prioritised. We need to be sensitive to that when we are asking for these things.

National parliaments, however, need to learn how, and when best, to influence the EU legislative process. It is worth considering the suggestion by the noble Lord, Lord Davies, of an annual get-together, but more relevant is a real understanding of how influential individual MEPs can be, particularly those who lead and formally shadow debates and who navigate the directives through the legislative process—that is, the rapporteurs. They are extremely influential, so identifying who they are and communicating with them at the appropriate time would be as impactful as trying to convince 28 different EU member states to take up an alternative position. There is no inconsistency in saying that national parliaments, as well as the European Parliament, should be involved in developing EU laws. Like the noble Lord, Lord Hannay, I must say that I am disappointed to read that the real source of democratic legitimacy in the EU lies with national parliaments, according to the Government’s response to the report.

As the noble Lord, Lord Tugendhat, suggested, it is worth thinking about some of the ideas put forward. I fully endorse the point that the Conservatives have cut off their own influence in the EU by ceasing to be a member of the largest political group. It is worth considering the idea of a commissioner for national parliaments and European parliaments, but I warn that there is a danger that the job might be seen to have been done, and therefore the departmental commissioners might not take their responsibilities seriously in relating to national parliaments.

With such turmoil in the eurozone, the reality is that the public across the whole of Europe have learnt that financial and economic policy emanating from the EU is impacting on us all both directly and indirectly, whether through the massive austerity measures that have caused such savage cuts in our public services, or through reduced demand for our export goods. Therefore, national parliaments should take a more systematic approach to the surveillance of this policy area in particular.

On behalf of the Opposition, I thank the European Union Committee for its work on this report. It is essential that it is disseminated not just in our Parliament, but in parliaments throughout the European Union.

Organization for Security and Co-operation in Europe

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Wednesday 10th December 2014

(9 years, 11 months ago)

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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, Russia is a member of the OSCE, which is one of the advantages of the OSCE. We wish that Russia were a more constructive member of the OSCE and we are very conscious of the heavy constraints under which the Special Monitoring Mission is now being forced to operate.

Baroness Morgan of Ely Portrait Baroness Morgan of Ely (Lab)
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My Lords, one of the OSCE’s main purposes is to provide an inclusive regional instrument for early warning conflict prevention and crisis management. With this in mind, what more could the OSCE have done to prevent the conflict in Ukraine from developing?

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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It would be easier if we had all anticipated quite how the conflict might develop. Ukraine has many problems and its last Government were in some ways structurally corrupt. There is a great deal that Ukraine needs to change to recover its economy and provide a much better quality of governance. I have to say that the number of new Ministers in the new Government who have experience outside Ukraine and who are not part of this corrupt network is very encouraging.

Soft Power and Conflict Prevention

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Friday 5th December 2014

(9 years, 11 months ago)

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Baroness Morgan of Ely Portrait Baroness Morgan of Ely (Lab)
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My Lords, I thank all the people who have participated today in this most illuminating debate. I thank in particular the most reverend Primate for introducing this most important subject. I am sure that at some point we will have the opportunity to discuss in more detail the specific points raised in the report written by the noble Lord, Lord Howell, and his Select Committee. I shall therefore try in this debate to restrict my comments to three or four key issues, but I again thank the most reverend Primate for an introduction that was carefully constructed and intelligently thought through.

When I was 16, I won a scholarship to study at Atlantic College, an international sixth-form college based in south Wales. I had no idea at the time that this college was a part of global approach to the development of soft power. It was established as a response to the Second World War and the idea was to promote international understanding and world peace among the 350 or so students there representing some 80 different nationalities. Before that, I do not think that I had come across many people from different parts of the world. We were a very different kind of place then, and it is enlightening to think of the way that our society has changed. Despite the fact that we now live in a multicultural, much smaller world, there is still a need for us to understand each other’s cultures, ways of life and motivations. If we start with this, we are already a long way down the path of avoiding conflict.

What is soft power? I have heard a lot of noble Lords say that they are uncomfortable with the term. It is about co-option rather than coercion. It is a means of achieving desired outcomes without recourse to threats or military power. The British Council, the organisation that has done such magnificent work in the area of soft power, defines it as,

“the things that make people love a country rather than fear it, things that are often the products of people, institutions and brands rather than governments”.

Soft power is being prioritised as a foreign policy tool by other countries. China, for example, has opened 300 Confucius Institutes since 2004 and aims to have a thousand institutes in operation by 2020. We in Britain have an in-built advantage over other nations as two of our most notable soft power tools, the BBC World Service and the British Council, had decades to establish global reputations for excellence. We must not throw this advantage away but we must be aware that others are catching up very quickly. Just look at the growth of Russia Today TV. According to the Broadcasters’ Audience Research Board, around 2.5 million Britons tuned their televisions to Russia Today during the second half of last year. It boasts the most popular news channel in Britain after the BBC and Sky, so we have to understand that we cannot let this advantage run away from us. It is particularly important for us to consider because the funding cuts to the World Service have already meant closing 22 bureaus, including cutting the radio service to Ukraine. I will need to elaborate a bit more on these two institutions when we discuss the other report.

Soft power is about the representation of ideas, of a way of life, of attitudes and values, some of those in Britain being tolerance, openness and respect for law, and as the noble Lord, Lord Parekh, suggested, what we stand for is what matters. Its real impact can only be long term, but it is absolutely worth the investment. As my noble friend Lady Kinnock said, soft power cannot be seen as the soft option.

One of the other key tools in the area of soft power needs to be protected at all costs. Nobody can doubt that one of the main keys to the future influence of this country globally is its international development funding. Any reduction in the commitment to spend 0.7% of our GDP on development aid would wound not only our international partners but the UK. As long ago as 1969, the Labour Party was committed to that 0.7% target, and since 1970 it has appeared in every one of our manifestos. I am delighted to report that it has now been passed in the other place, so we hope that the Minister will give us an assurance today that time will be made for this in this House in the new year.

To give credit where it is due, the coalition Government have been committed to ring-fencing the development aid budget, despite real pressures from less enlightened members in the Tory party. So we urge the Government now and in the future to hold their nerve on this important issue. I also ask the Minister to indicate whether the Government will conform to the £1 billion extra funding estimated by the Office for Budget Responsibility today as the amount needed to reach that 0.7% target.

The then Secretary of State for International Development said just two short years ago:

“For under 1% of gross national income this is a tremendous investment, not only in the future stability and prosperity of some of the poorest and most dysfunctional parts of the world, it’s an investment for Britain in Britain's future prosperity and stability and security”.

Those two years have seen increased problems faced by some of our international partners. Their interests have become our interests, their prosperity our prosperity, their stability and security our stability and security, and we have become more inextricably bound than ever before.

Sadly, some shrill voices are determined to see the foreigner, both in their own country and here, as a drain on our resources when the truth is that they are assets and allies for present and future prosperity. Those voices even fail to recognise that the consequence of investing in international aid is not just mutual growth but a reduction in migration, as people are able to flourish in their home countries. The less that we give, the greater will be the number of people from around the world needing food and shelter in our country. Yes, there is an issue with immigration in the UK but we need to place this immigration into a global context. There are 42 million forcibly displaced people around the world today but four out of five refugees are housed in the developing world. Pakistan alone takes in 1.7 million of them, more than the 1.6 million taken by the whole of Europe. The Lebanon has taken in 1 million refugees from Syria, which had a population of 3 million. The least that we can do is therefore to pay our fair share to help those countries carrying the biggest burden.

Where are we failing and how can we do better in relation to our soft power influence in the world? The Government in the UK are in real danger of sending out mixed messages on our values. When it comes to developing the UK’s strategic narratives on soft power, it seems to be necessary to stress again and again that they must reflect reality and should not be undermined by concrete political action or even debates. The committee of the noble Lord, Lord Howell, stressed that the UK would find it difficult to portray itself as an open, tolerant country and promote these ideas in conflict-prone areas at the same time as engaging in an increasingly vitriolic debate on immigration.

One of the other points to note is the shift in power networks going on through the world. The rise of non-western countries is altering the international balance of power and influence. The UK has a huge advantage: the country’s history and experience of global reach now present it with an enviable opportunity to work with others in shaping the world. The Government must communicate openly and actively with both old allies in the Commonwealth and new partners around the globe. However, we must also understand how crucial the EU is in promoting the kinds of values that we espouse. My noble friend Lord Anderson underlined the point that the support for the European Convention on Human Rights is absolutely critical to that value system.

We cannot fail to have noticed that upheavals in the Middle East and parts of Africa are increasingly being determined by more extreme forms of religious beliefs. The most reverend Primate was correct to point out that this is an ideological, even a theological, struggle which cannot simply be won by violence. It is therefore essential that we have within the Foreign Office a ream of top-flight advisers in important areas such as ethnic and religious issues, as suggested by the noble Baroness, Lady Berridge. Awareness of the sensitivities and an understanding of cultural, ethnic and theological diversity is vital to the proper exercise of soft power, and an understanding of how and why religions help to create—or attempt to eliminate—tensions and conflicts should be a prerequisite of the locally based diplomat. A failure to grasp the complex internal divisions within religions, as well as between faiths, and how these are often connected to ethnic groups, civil strife and international conflicts is critical to solutions, whether it be in Ulster or Nigeria. The most reverend Primate was also correct to draw attention to the fact that religion was not mentioned in the Select Committee’s report.

In conclusion, it is worth emphasising the link between soft power and hard power. The suggestion by the most reverend Primate to explore this during the strategic defence and security review merits serious consideration. To this end, I want to pay our respects to the members of Her Majesty’s Armed Forces for the outstanding service that they provide as they travel the world to deliver the more practical and life-saving aspects of soft power on our behalf, when as a nation we respond to natural disasters and human folly. Their role in the world, helping countries to restore normality, replace infrastructure and rebuild communities, often in the most challenging and dangerous environments, gives us all a deep sense of pride.

I heard this week a story recounted by a young airman who has served several tours in Afghanistan. He told how it was so important that they walked around among local people wearing what he called “soft” clothing—he meant his beret rather than a helmet, and an absence of heavy body armour bristling with weapons. The corporal said:

“It’s about hearts and minds, that’s where we British do well. That’s where the real battle has to be won—hearts and minds”.

Ultimately, we will not defeat terrorism with arms. It has to be with hearts and minds.