Elections Bill

Baroness Prashar Excerpts

2nd reading
Wednesday 23rd February 2022 Lords Chamber

[Baroness Prashar (CB)]

My Lords, elections are a core process within a democracy. Credible electoral processes increase the legitimacy of our political institutions and create trust. Electoral integrity is affected by how inclusive the process is. For these reasons, any elections Bill should command broad cross-party support. How elections are conducted is a matter of public interest. They are not solely in the gift of the governing party.

It is therefore deeply regrettable that this Bill was introduced with insufficient public consultation and that the Government have not taken fully into account reports by the Law Commission, the Committee on Standards in Public Life, and the House of Commons Public Administration and Constitutional Affairs Committee. PACAC took the view that the Bill should have gone through a pre-legislative scrutiny process. Such scrutiny would have ensured broader support and a better evidence base. As we have heard, grave concerns have been expressed in these three reports that the Bill will add to the existing complexity of electoral law.

PACAC has also said that several of the changes proposed are not set out in the Bill. These will be implemented via a raft of secondary legislation, which will add further complexity to the legislation and enhance reliance on delegated powers, hence reducing scrutiny by both Houses and relevant interested parties. These are serious concerns, particularly for a Bill concerned with the health of our democracy.

The Bill also falls far short of the Government’s stated objectives of making UK elections more secure, modern, inclusive and transparent, and of protecting the integrity of the UK’s democracy. The change proposed in Clause 1, which would require voter ID, will not make elections more inclusive. If we want inclusion, let us work on voter registration, as stated by the noble Lord, Lord Woolley. Strong objections have also been expressed about the impact this would have on certain groups and the possible turnout of voters. The Government’s rationale for introducing this change is not very plausible. The level of fraud alleged is very low and the number of instances that result in a caution or a conviction is even smaller. Concerns have been expressed that the evidence to support an ID requirement is not good enough.

PACAC recommended that the Government should not proceed with this proposal until they had set out the criteria they used in their assessment of the proportionality of introducing this change and the impact on turnout. Will the Government pay heed to its recommendation?

The other area of concern is the changes proposed to the accountability arrangements of the Electoral Commission. The noble and learned Lord, Lord Judge, expressed the implications very clearly and effectively. As he said, they threaten the perceived and actual independence of the Electoral Commission.

The Electoral Commission is not a creature of the Government of the day. It exists to ensure the integrity of elections and guard the public interest. It is an organisation of constitutional significance. Proposals to give the Government the power to designate a strategy and policy statement for the Electoral Commission will undermine its independence. Of course there should be proper scrutiny of operations of the Electoral Commission and effective mechanisms to hold it accountable, but the Bill’s proposals are not based on sufficient evidence to justify this change. The committee argued that Clauses 13 to 15 should be removed pending a formal public consultation on the proposed measures and that the Government should take into account any recommendations put forward.

The Bill also proposes that the extent to which the Electoral Commission has complied with the statement should be examined by the Speaker’s Committee, and changes to the membership of the Speaker’s Committee are also proposed. Given that the Speaker’s Committee will be examining the commission’s operations, it is imperative that no single party exercises a majority on the committee. Can the Government give an assurance that membership of the Speaker’s Committee will not have a government majority?

Charities and civil society organisations play an important role during election campaigns, ensuring well-informed debates. Several aspects of the Bill will affect the engagement of those organisations and put a higher regulatory burden on them, hence limiting benefits to electoral integrity. The National Council for Voluntary Organisations has argued that the Electoral Commission’s guidance covers the relevant issues relating to third-party campaigners and that this legislation will set back that progress. Clause 26 is targeted at organisations which are not transparent. However, registered charities are regulated by the Charity Commission, and their accounts are available online and open to scrutiny. The Government should exempt registered charities and community interest companies from the lower threshold.

Furthermore, there is concern that the proposal in Clause 25 to give Ministers powers to remove or add to the list of third-party campaigners by order could lead to abuse. It would be helpful to have an assurance that these provisions are not intended and will not be used to limit the public interest work of academics or voluntary organisations to inform public debate.

The deep concerns expressed by three reputable bodies about the Bill should give the Government pause for thought to reconsider what they are proposing.

Standards in Public Life

Baroness Prashar Excerpts

Thursday 9th September 2021 Lords Chamber

[Baroness Prashar (CB)]

My Lords, I thank the noble Lord, Lord Blunkett, for securing this debate and providing us with the opportunity to discuss this important subject.

As we have heard, the seven Nolan principles, which have stood the test of time, are there to ensure that those in public life act in the public interest and do not abuse power. I know for a fact that the Committee on Standards in Public Life, a body that I greatly admire—I had the privilege of working closely with it when I was the First Civil Service Commissioner, on the same floor—has not always had the wholehearted support of successive Governments but continues, despite all, to do some sterling work. Its report, Standards Matter, published in June this year, illustrates that, after 25 years, the time has come to take stock and identify the reforms that are needed. The report is well judged. I agree with its findings and the areas identified as requiring significant reform, and with the comments of the noble Lord, Lord Evans, the current chairman of the committee, about the need for the statutory footing of some of the regulatory bodies to be looked at. Perhaps the Minister can tell the House whether the Government will heed the committee’s advice and support the reforms that it recommended.

I should like to highlight the committee’s recommendation regarding the process by which regulators are appointed. The committee rightly argues that the appointments process for standards regulators requires a greater element of independence than is the case for other significant appointments. If those who are regulating standards are appointed through a process that is not seen to be independent, that would discredit the very bodies charged with regulating and monitoring standards. For the system to be credible, safeguards to ensure the integrity of the appointments process for regulators are crucial. But no safeguards are adequate unless the will to give effect to them is fully present. Do the Government have that will?

Codes or guidance are not likely to be effective unless they are accompanied by education, training and induction that inculcates the meaning of what they mean in practice and are ingrained into the DNA of the organisation. The seven Nolan principles provide a set of tools to negotiate the challenges that organisations face. The principles can be used in a deliberate, open and honest manner to steer the way through dilemmas and, in the process, to educate institutions and raise awareness. Similarly, leadership in the overlapping areas of business and politics involves ethical decisions. Again, this should be managed within the framework of the Nolan principles, and the committee rightly suggests that the advisory committee on public appointments should be given additional resources to promote awareness and understanding of the rules.

However, as other noble Lords have said, regardless of rules and regulations, those in public life need to take personal responsibility and act on their honour, be eternally vigilant about purpose, and respect boundaries and the checks and balances, and understand why those checks and balances exist. I know for a fact, as a former Civil Service Commissioner, that it was my job constantly to remind Ministers that the system was for their benefit.

Failure and mistrust come when we forget our ideals, values, principles and objectives. Those in public life cannot exempt themselves from ethical and exemplary behaviour, because ethics make democracy safe for debate on the substance of public policy. When ethics are in disorder, they are a digression. A reaffirmation of the Nolan principles, both in words and actions, and embracing the reforms suggested by the committee, would therefore send a strong signal that the Government care about standards and that standards matter, as does our standing in the world. I look forward to the Minister’s response.

House of Lords Appointments Commission

Baroness Prashar Excerpts

Monday 6th September 2021 Lords Chamber

[Baroness Prashar (CB)]

My Lords, I strongly support the comments made this evening by the noble Lord, Lord Norton, and his Bill. As he said, successive reports have recommended that the House of Lords Appointments Commission should be on a statutory basis, and we have had several Bills to that effect. I fail to understand the Government’s rationale for their reluctance and resistance to doing so. Other significant appointment commissions, namely the Judicial Appointments Commission and the Civil Service Commission, are on a statutory basis. Would the Minister agree that unconstrained power of the Prime Minister in making appointments of public significance is inappropriate, and that statutory checks and balances are needed in the appointments process to maintain legitimacy and the trust of the House?

Ministerial Code and Register of Ministers’ Interests

Baroness Prashar Excerpts

Wednesday 19th May 2021 Lords Chamber

[Lord True]

My Lords, we should always have glass houses in mind. The noble Baroness spoke in a measured tone and perhaps had in mind the very emphatic answer given to questions which were put yesterday exactly in the way to which my noble friend refers. It behoves all of us in politics to recognise that people in all parties strive to do their best, often in very difficult circumstances, to give public service. That is what unites us. The kind of political smear-mongering which we have seen demeans those who smear and politics as a whole. My noble friend is quite right to say that the people of Hartlepool gave it short shrift.

[Baroness Prashar (CB) [V]]

My Lords, the appointment of the noble Lord, Lord Geidt, and some increase in his independence is welcome. Does the Minister agree that a further increase in his powers, as recommended by my noble friend Lord Evans, the chairman of the Committee on Standards in Public Life, which are sensible and proportionate, would help to increase the credibility of the process and uphold the highest standards of propriety? Codes are important, but they need to be adhered to and breaches need to be properly investigated.

[Lord True]

My Lords, as the noble Baroness will know, the Prime Minister has written to the noble Lord, Lord Evans, in respect of some of those recommendations. The noble Lord, Lord Geidt, who is universally respected by this House, has just taken up his place. As the noble Baroness said, he has been given extra opportunities, and the right thing is to let him get on with the job and then enlighten us with what he learns and what he thinks.

Size of the House of Lords

Baroness Prashar Excerpts

Tuesday 18th May 2021 Lords Chamber

[Lord True (Con)]

My Lords, the Government always respectfully note Motions passed by your Lordships’ House. However, I believe I have answered that in saying that the Government’s view is that this House needs refreshing.

[Baroness Prashar (CB) [V]]

I agree with the noble Baroness, Lady Stuart, that we need to look at the function and the purpose of the House and not concentrate just on its size. This constant concentration on the size of the House detracts from the real purpose of what the House can do. I agree with the noble Baroness, Lady Hayman, that we need to put the House of Lords Appointments Commission on a statutory basis and look at the role that the House can play in post-legislative scrutiny.

[Lord True (Con)]

My Lords, I am glad that the noble Baroness was able to intervene, and, as I replied to the noble Baroness, Lady Stuart, I agree that the broader role needs to be considered. I can only repeat that, yes, the House of Lords Appointments Commission has an important role. However, I will go no further than that.

Gender-balanced Parliament and Male Primogeniture

Baroness Prashar Excerpts

Tuesday 20th April 2021 Lords Chamber

[Lord True (Con)]

My Lords, a review is not currently under way. As I have explained, this is a complex issue and careful consideration will be needed.

[Baroness Prashar (CB) [V]]

While it is encouraging that the Prime Minister supports a 50:50 gender-balanced Parliament, it is very disappointing that progress has been so slow, and we still have a law that discriminates against women. What steps will be taken to ensure that women from minority communities are not left behind in whatever initiative is taken in this direction?

[Lord True (Con)]

The noble Baroness makes a very important point. Improving the diversity of Parliament is something to which I believe all political parties assent, and this Government no less than any other. Beyond your Lordships’ House, where we must sometimes look, there are now 220 female Members of Parliament; that is more women in the House of Commons than ever before. That is surely progress.

Income Equality and Sustainability

Baroness Prashar Excerpts

Wednesday 6th May 2020 Lords Chamber

[Baroness Prashar (CB)]

My Lords, I thank the most reverend Primate the Archbishop of York for securing this debate.

My focus this afternoon is on ethnic minorities. Stark analysis by the Institute for Fiscal Studies illustrates the disproportionate impact of the pandemic on ethnic minorities and warns that some ethnic groups look more likely to suffer economically from the lockdown. The harsh realities of long and entrenched inequalities faced by ethnic minorities are all too evident. Ethnic minorities are more likely to be in insecure and low-paid work and are more likely to be unemployed. Ethnic minority staff in the health service are more likely to be on the front line, less likely to progress at work and more likely to be disciplined. All these factors put them at greater risk. While genetics and so-called cultural factors have been mooted as possible reasons, they must not mask the fact that persistent and long-standing social and economic inequalities lead to poor health outcomes and that racial discrimination is a factor.

A study last year by the Centre of Social Investigation at Nuffield College, University of Oxford, found shocking racial discrimination in the labour market at levels unchanged since the late 1960s. The Runnymede Trust’s latest report, The Colour of Money, shows that racial discrimination, like poverty, is a determinant of economic inequality. Runnymede’s other report, The State of the Nation, paints a very grim picture of disparities.

As a former director of the Runnymede Trust, some 36 years ago, it pains me to say that after nearly four decades the situation is not much better. For too long we have neglected to tackle discrimination and unfair institutional practices. In the last decade we have focused more on cultural factors and promotion of diversity, and not enough on racial discrimination and economic inequalities. This is not a binary choice. If we neglect racial discrimination and economic inequalities, disparities will persist. Building a resilient and sustainable society will remain a dream.

Deep-rooted problems require not just talk but strong action and policies pursued with determination and conviction. Can the Minister please tell the House what action the Government are planning to tackle persistent racial discrimination and consequent economic inequalities, which have been laid bare by this pandemic?

Conduct of Debate in Public Life

Baroness Prashar Excerpts

Thursday 9th May 2019 Lords Chamber

[Baroness Prashar (CB)]

My Lords, it is a real pleasure to follow the noble Lord, Lord Puttnam. I agree with what he has said. My profound thanks go to the noble Lord, Lord Harris, for securing this important debate on a subject which goes to the very heart of our democracy. It impinges on the right to free speech, the right to challenge decision makers and freedom of association, and concerns issues such as treating people with respect, no matter what their views, and conducting public discourse in a civil manner.

In a democracy we need plurality of voices, but, critically, we also need skills, experience and knowledge to gauge the veracity of those voices. However, the conduct of public debate has become aggressive and uncivil. Healthy, open debate is thwarted by intolerance and lack of respect for differing views. The tone of bitterness and aggression that has entered our public debate is very worrying. The scale and intensity of intimidation shaping our public life is a matter of serious concern. We are all aware of the worst incidents, ranging from verbal abuse, intimidation and death threats sent to MPs for the way they voted, to the most horrendous murder of Jo Cox in 2016. Nothing appears to be off limits with the Wild West, cavalier attitude that we find in public life these days.

There are a number of contributing factors to this toxic environment. One area of great concern that has already been mentioned is social media. It has become a fertile ground for attacking those in public life, especially women and the LGBT and BAME communities. Emboldened by the mask of anonymity, people feel free to say what they like, no matter how harmful or distressing. Furthermore, the echo chambers of social media leave people unprepared to deal with views other than their own. The result is a political culture that is unable to accommodate differing opinions or form broad alliances. While the internet has brought many freedoms and an unprecedented ability to communicate, it also carries the insidious ability to distort, mislead and produce hatred and instability.

The Government’s global initiative to tackle online harms and address the negative consequences of social media is really welcome. We must use technology for positive purposes—to free our minds—and use regulation to restore accountability. Amazon, Apple, Facebook and Google not only dominate market positions but exercise control over public debate, which undermines both economic competition and democracy. An effective regulatory regime is therefore much needed, as is digital literacy. The Government’s strong emphasis on digital literacy and their assertion that it should be a fourth pillar of education, alongside reading, writing and maths, is truly welcome. It is also encouraging that the Government are taking an international lead: we need to ensure that other countries are with us, so that perpetrators are not able to hide behind other jurisdictions.

This toxic atmosphere is discouraging people from getting involved in public life. If no action is taken, this will further diminish the quality of our politics and have dire consequences for our democracy. It is right that the Government are taking this issue seriously and looking at ways of dealing with these problems. However, trust in the Government and in politicians is at an all-time low. According to the Edelman Trust Barometer 2019, the trust deficit in our core institutions has never been bigger, and there has been a steady decline over several decades. More and more people feel disfranchised and not listened to. A decade of financial disruption, austerity and weakening civic ties have left many feeling dispossessed and insecure. The consequences of this have been poignantly unmasked by Brexit.

The National Centre for Social Research points out that, between 1986 and 2013, the proportion of those who trusted the Government to place the needs of the nation above those of the party nearly halved, from 38% to 18%. These feelings found expression in the Brexit debate and have fuelled populism, which we have all seen being manipulated. All this feeds cynicism and destroys trust. These divisions and the lack of trust in politics create an environment where intimidation in public life is more likely. Collective effort is needed to address the divisions in society. Everyone must take responsibility for turning this around; business, civil society and government. We all need to uphold ethical standards, so that we do not undermine the institutions we are part of: it cannot be only a government-led solution.

There are organisations that can help. I was pleased to hear the noble Lord, Lord Puttnam, mention Germany, because I have recently become a chairman of Cumberland Lodge, an educational charity set up 71 years ago by Amy Buller, who wrote the book Darkness Over Germany. I see that organisation as a laboratory that teaches children how to disagree well and how to develop critical thinking, and such initiatives need to be scaled up, along with efforts to promote digital literacy.

We also need to look at ourselves and ask whether our behaviour and the way we conduct ourselves set the standard that we expect from others, or whether our behaviour is contributing to the very toxic atmosphere we are debating today. How to conduct respectful debate, how to disagree well and how to treat others and listen to differing views with respect are fundamental to a vibrant democracy. We need to hold a mirror to ourselves.

Recently, both Houses have had to strengthen their codes of conduct. In my view, it is a very sad reflection that this had to happen. Yes, we need to regulate; yes, we need better digital literacy and better education; but we also need to improve the culture of our institutions and model the behaviour we expect of others. We live in very troubled times. A sense of anger and bewilderment is spreading. Fractious behaviour is on the increase, both within and without. It is high time for us to come together and work to nurture fraternity, not fractiousness.

Civil Society

Baroness Prashar Excerpts

Thursday 11th June 2015 Lords Chamber

[Baroness Prashar (CB)]

My Lords, I thank the right reverend Prelate the Bishop of St Albans for securing this debate and for introducing it in such a constructive manner. To tell the truth, I would not have read the pastoral letter Who Is My Neighbour? if I had not seen this debate listed, but when I read it I was so inspired that I wanted to speak today. Therefore, I thank the right reverend Prelate for giving us the opportunity to start the very conversation that he wants us to have resulting from the letter.

I found the letter uplifting, refreshing and very thoughtful. For me, it articulates clearly a vision of the kind of society we should all be striving for. I was particularly struck by the reference in the letter to William Beveridge, because he understood that if the state is given too much power to shape society it will stifle the very voluntarism that prevents the state being hopelessly overburdened by human need. The right reverend Prelate talked about how we negotiate that and create a balance.

When I was the director of the National Council for Voluntary Organisations in the 1980s, I always used to quote something William Beveridge said, which I still think is very important. He said that,

“an abundance of voluntary action outside the citizen’s home both individually and collectively, for bettering his own and his fellows’ lives, are the distinguishing marks of a truly free society”.

This letter argues for informal and independent structures that are small enough not to need every activity to be codified, through which we can learn to work together in trust, and it gives examples of intermediary bodies such as housing associations, credit unions and, of course, the churches.

I unashamedly draw the House’s attention to another intermediary movement with which I am associated as its president: the community foundations. Community foundations were started in the 1980s. Since then they have flourished. There are now 48. They are a best-kept secret and in my view need to be better known. I am passionate about community foundations, because they are about local engagement and inclusiveness—the very thinking that underpins the sentiments expressed in the letter Who Is My Neighbour?. They are about social bonding, which the right reverend Prelate talked about.

The figures showing what this movement has achieved over the last few years are impressive. Community foundations have invested £65 million in grants to community-led organisations, have made 21,000 grants, and have half a billion pounds in endowment funds. They also engage a number of volunteers. As I say, the figures are impressive, but what I like about community foundations is the thinking that underpins them. It is about local engagement, local giving and bringing together donors and doers to support local communities to meet local needs. It is about building local social capital, inclusiveness, investing in local communities, empowering local communities and valuing community-led solutions to local issues.

At the end of last year, when talking about community foundations, Mark Carney said:

“Community foundations are helping to deliver a more inclusive capitalism, one in which individual virtue and collective prosperity can flourish”.

I am very pleased to draw the House’s attention to a very positive example of the partnership work between government and community foundations. In 2011, community foundations launched the Community First endowment match challenge. This initiative, supported by government, allowed community foundations to offer donors a 50% uplift on endowment donations through government match funding and thus provided a catalyst for the work which community foundations undertake. This programme finished in 2015 and was assessed to be a great success. The flexibility gained through the introduction of a national pot or central reserve of funds to lever local giving was invaluable.

In the light of the success of the Community First endowment match challenge, will the Minister please tell the House whether the Government are minded to do something similar in association with community foundations? If not, will the Government please consider looking at such schemes that lever local funds and engage local communities and that may contribute to our vision of one nation?

The Future of the Civil Service

Baroness Prashar Excerpts

Thursday 16th January 2014 Lords Chamber

[Baroness Prashar (CB)]

My Lords, I, too, thank the noble Lord, Lord Hennessy, for securing this debate, and I agree with most of what he said. As the custodians of Civil Service values, the Civil Service Commissioners operate where operational issues and propriety issues interact. My experience as the First Civil Service Commissioner from 2000 to 2005 convinced me that any reform of the Civil Service must be tested against the principles, values and conventions which have guided the Civil Service for several decades.

Radical reform of the Civil Service started in the 1980s, but it has been piecemeal and predominantly managerial. In the 1980s and 1990s, fears arose that those piecemeal reforms might undermine or erode the values of the Civil Service and weaken the conventions which act as checks and balances within our unwritten constitution. Publication of the Civil Service Code in 1995 and putting the Civil Service Commission on to a statutory footing in 2010 were testaments to that fear.

The current proposals with regard to the relationship between Ministers and top civil servants, ministerial involvement in senior appointments and extended ministerial offices have aroused similar fears. That is because, in my view, these proposals underplay the significant functions carried out by the Civil Service within our constitutional arrangements—functions such as helping to ensure that the Government of the day act with propriety, supporting Ministers in the management of decision-making and providing objective advice; that is, speaking truth unto power.

In recent years we have seen many of the consequences that have resulted from defective decision-making, partly due to a lack of capability in the Civil Service, which of course needs to be addressed, but also due in part to the weak application of these principles. In December 2013 Sir Alan Beith, the chairman of the Liaison Committee in the other place, said:

“In our report, we identified examples where we felt that things had gone wrong because Ministers were told what they wanted to hear”.—[Official Report, Commons, 12/12/13; col. 372.]

But this issue is not new. In 2003, the former Prime Minister the right honourable John Major said that many Ministers behaved as if officials should be committed extensions of the Government’s electoral platform and that they openly blamed civil servants for errors that in the past had been accepted as the responsibility of Ministers.

It is also worrying that the IPPR report, Accountability and Responsiveness in the Civil Service, which was commissioned by the right honourable Francis Maude MP, sees “tension” between “responsiveness” and “independence”, and does not appreciate the distinction between independence and impartiality.

I believe that the time is right for a comprehensive and strategic review of the nature, role and purpose of the Civil Service, as recommended by the Public Administration Select Committee. Any commission that is set up should look not just at the Civil Service but at the role of Ministers as well. As the noble Lord, Lord Hennessy, said, the Civil Service is a national asset and is not owned by the Government of the day but held in trust for the next Administration. I urge the Government to change their mind and set up an independent commission for the sake of the future of the Civil Service and for the health of our democracy.