(1 month, 2 weeks ago)
Lords ChamberHonestly, I do not recognise any of the pantomime within the Department for Transport. This is one of its top priorities. Extra resource is being put into the department to deal with it. The department knows how important it is that local authorities working with their partners can deliver this and how popular it is. But the noble Lord is right that the scheme finishes in December 2024. The outcome was delayed before the election, but I can assure him that the department is treating this as an absolute top priority.
My Lords, the numbers travelling by bus outside London have declined significantly in recent years. As a priority, we need to get young people back on buses because they need access to those buses for jobs and education. Does the most appropriate and affordable scheme that the Minister refers to include a standard reduced youth fare, or even a scheme for free fares for young people?
The most important aspect in taking this forward is that it is for local determination. The money going to local authorities is not ring-fenced; they are able to look at different schemes for their particular localities. In areas where youth schemes have been brought in, they have been very successful—look at how Greater Manchester is moving forward, with an increase in passengers. I hope we can roll it out across the country.
(7 months, 1 week ago)
Lords ChamberMy Lords, I rise to speak specifically to Amendment 20A, to which I have added my name. I did so because the Bill is yet another intrusion on devolution. It is part of a pattern by which Bill after Bill in this House, Act after Act produced by this Government, raids the powers of devolved Governments and the devolved Assemblies. The Internal Market Act started that, along with the Procurement Act—and there are others. It is a complete pattern by this Government; an intention to reduce devolution in stature and in practice.
As a Wales Office Minister between 2012 and 2015, I recall that it was unthinkable that we, as a UK Government, would ignore the need for an LCM on something like this. We have now got to the point where it is routine for this Government to do that. In addition, in the case of this Bill, the unpredictability of Henry VIII powers will give the opportunity to the Secretary of State to make regulations that could have additional, profound implications for both Wales and Scotland, and throughout the UK.
The Government seem to forget the history of devolution. In 1999, when devolution was established, the Scottish Parliament had a much more comprehensive settlement than that provided for Wales. That proved to be a mistake. It was not just that Wales had fewer powers. The lack of a proper pattern to those powers and a comprehensive picture of them made it very difficult to make devolution work. I am conscious that I have signed an amendment led by the noble Lord, Lord Hain, and that I am criticising the Government of whom he was a part. I am sure he would agree that Labour First Ministers led campaigns to increase the powers of the Welsh Assembly, now the Welsh Senedd, specifically because it just did not work with much more limited powers. We now have something much more workmanlike, effective and constitutionally coherent. This Government have set about dismantling it again.
Added to that, the Bill is unnecessary. In the Senedd, the Minister made it clear that the Welsh Government are of the view that the UK Government have sufficient powers in place within the World Trade Organization Agreement on Government Procurement, enshrined in the Public Contracts Regulations 2015, and that those powers enable fair and equal treatment of overseas bidders where there is a relevant trade agreement. They do not believe that there is any need for additional powers. The UK Government already have the power to set sanctions for trade. All these arguments and discussions that we are having are irrelevant because those powers already exist. The Welsh Government fundamentally believe that the powers in this Bill would have a significant impact on the freedom of public bodies and democratic institutions in Wales. They have the majority support of Members of the Senedd on this. The impact would be on their freedom to decide not to purchase or procure in a way that impacts on their existing legal obligations in relation to human rights, abuse of workers’ rights and the environment. In practice, these powers are not going to fit comfortably with the structure of our legislation as it currently exists.
The fundamental reason why I signed this amendment on behalf of the Liberal Democrat Benches is that this is yet another impact on devolution and the coherence and effectiveness of the way in which the Governments of the United Kingdom should work together in a positive and effective manner.
My Lords, I think that noble Lords who have spoken have misrepresented the devolution settlement. It is clear that foreign policy is a reserved matter. When we come to this Bill, the question of the political or moral disapproval of the conduct of foreign states is a matter of foreign policy that can be determined only by the UK Government.
Noble Lords have been trying to describe devolution as they would like it to exist but the plain fact is that foreign policy is a reserved matter, and that is what is driving this. I do not think that the other matters that the noble Baroness, Lady Randerson, just referred to prevent action by the devolved authorities because of the quite extensive exemptions, which align with the procurement legislation, that are set out in the Schedule. We are talking about political or moral disapproval of state conduct, very specifically, and that is a matter reserved to the UK Government.
We have to remember that the devolved Administrations have form here in relation to Israel. To take the Scottish Government, back in 2014, they issued a Scottish procurement policy note which, in effect, encouraged Scottish bodies to boycott operations in the Occupied Territories. That note, which is quite difficult to find on the internet nowadays, because it seems to have disappeared into a black hole of an archive, was reconfirmed by current Scottish Ministers only a couple of years ago, so it remains the Scottish Government’s policy, which they cannot effectively implement because of the reserved nature of foreign policy.
To take the Welsh Government, in 2020 they informed the Welsh Parliament that they intended to issue advice to all Welsh authorities
“that they may exclude from tendering any company that conducts business with occupied territories either directly or via third parties”.
It was only after intervention from an organisation called UK Lawyers for Israel that the Welsh Government deferred their decision. So we have the Scottish Government and the Welsh Labour Government itching to boycott Israel, and to use that as a reason—
(7 months, 1 week ago)
Lords ChamberThe answer I must give in the short term is that it depends a lot on the courts. I will look at housing associations; I know they have come up in other Bills that we have discussed, including how they are treated in government finance. The point about using the Human Rights Act definition is that you get a 25-year history of interpretation.
My Lords, the Minister referred to the issues of public funding associated with universities and the national debt, and how that is counted. She said that these were marginal amounts of money. The UK university sector is worth £130 billion a year to the economy and employs three-quarters of a million people. Is that truly the definition of marginal? I declare an interest as chancellor of Cardiff University. Secondly, when we are looking at cultural organisations, does lottery money count as public or private money?
The honest answer is that I do not know about the lottery, but I will find out for the noble Baroness and write to her. On universities, of course she is right: very substantial sums of money, rightly, are involved in the education of our children. What I was explaining was that, at the margin of this activity—involving procurement and investment—the sum is relatively small compared with all that is done by universities.
I have two questions relating to the issue of what constitutes a public body. My major interest in this Bill is Clauses 12 and 13, about local government pension schemes. It is interesting that it requires a separate section of this Bill to deal with local government pension schemes; that clearly indicates that these organisations are not public bodies. The Government’s commitment was in relation to public bodies and yet the Bill is being extended to these other organisations, which require their own section in the Bill, as they are clearly not covered by the general term “public bodies”. Perhaps the Minister could confirm or explain that particular point.
I have a different point relating to pension schemes. Some of these public bodies that we have been talking about have their own funded pension schemes, which are making investment and procurement decisions. As I understand it, because they are separate trusts, they are not themselves public bodies. But they belong to a public body and they are associated with the public body, so it is possible, within the bounds of trusts law, for those pension scheme trustee bodies to consider a decision that might potentially fall foul of this legislation. Therefore, we have the odd situation that the trustees can discuss these matters, but presumably the sponsoring organisation, which does count as a public body and is covered by the Bill, cannot discuss what the trustees whom they nominate should or should not be doing. There is a certain contradiction here, and again I invite the Minister to explain how that will operate in practice.
My Lords, I will briefly go back to the Government’s own list of public bodies on GOV.UK. Of that list of public bodies, there are 18 listed for the Department for Education, none of which is a university. The Minister referred to overlapping definitions in the Bill. I have been sitting here and thinking about that, and wondering where the University of Buckingham sits in the Government’s concept of where universities lie, because that is a private university but one which is fulfilling exactly the same functions as all the other universities in the UK. Those other universities are, of course, exempt charities and so we are on a whole series of conflicting paths here, with just one aspect of the definition of public bodies that this Bill seems to wish to encompass. I raise these issues so that the Minister can perhaps give us some of her thoughts on these overlapping definitions and where they actually sit within the Bill.
My Lords, first, we are in the territory of the chilling effect, are we not? If there is a very large number of bodies which are not going to be sure how far they come within the scope of this Bill, they will be very nervous about doing things that they would otherwise do. That is why leaving it so unclear as to how far the definitions of this Bill stretch over the sector, in which public and private institutions, and public and private functions, overlap so closely, is highly undesirable.
Secondly, this clearly will require very substantial subordinate legislation. I think it is the sense of this House that it is a bad thing to pass Bills that need too much subordinate legislation. Yesterday, the noble Lord, Lord Hayward, whom I regard as an extremely good friend, said to me that the subordinate legislation under the Elections Act, which we passed in 2022, is now approaching 1,000 pages, and that the Electoral Commission is spending a considerable amount of its time providing guidance for local authority electoral registration officers on what this means for them. That is bad legislation; we want to avoid that again here.
Thirdly, there have been occasions, as others are aware, where lists of public bodies have been provided. The Minister will remember the SI on trade union levies being taken, or no longer being taken, automatically from pay scales for particular public bodies. That had a list, at the end, in the schedule, of over 200 bodies, which included some quite interesting ones such as the Scottish salmon council, and various semi-charitable local institutions to do with, as I remember, care homes and nurseries.
Fourthly, to add to the question of universities, what universities are most concerned about is whether or not the student loan book, which is a very large sum, is included in the Treasury’s calculation of national debt. That is not a marginal issue; it is quite important. That is why definitions such as this and how they are used by different parts of government and recognised be the courts are extremely important.
(8 months ago)
Lords ChamberMy Lords, I, too, will speak to this amendment and do so, like the noble Lords, Lord Wallace and Lord Johnson, in relation to universities and higher education. I had some experience of that: I was on two university councils—those of Birmingham and Kent—and I chaired the Birmingham council for five or six years in the early part of this century.
I have to say to the Minister that, as a result of a lot of extremely desirable reforms, the decision-making at universities was concentrated quite heavily on the council. The council did not micromanage every decision, but it was responsible for every decision taken at the university. That responsibility was clearly focused on a much-reduced size of council, down from the 30s or 40s to the 20s, and it meant that a quite a lot of responsibility came on to its members, who were a combination of academics and lay persons—with a majority, on the whole, of lay persons. The lay persons on the council were volunteers and were not paid a penny. Now, if the vagueness in this bit of the legislation is retained, I would not like to be out there trying to recruit new members to university councils, if they thought they were going to be liable for any of the sorts of problems that could arise under this legislation.
I suspect that this is just one of many pieces of this legislation that reinforce the case for simply taking higher education and universities completely out of it. I think that is what we will come to when we get to Report. This is just the first illustration that it will have a remarkably chilling effect on the conduct of councils and the way in which people are prepared to serve—for nothing and as volunteers—on university councils, giving up many hundreds of hours of their lives to making sure that the university is properly administered and decisions properly taken.
My Lords, I preface my remarks by declaring an interest as chancellor of Cardiff University. I apologise that my duties at Cardiff University prevented me attending the whole of Second Reading—so I could not speak, although I attended a significant part of it.
Before I was chancellor of Cardiff University, I was a member of the council of Cardiff Metropolitan University, so I have a background in both executive and non-executive roles at universities. What I have to say very much follows neatly from the noble Lord. My experience is that university councils—and other bodies doing the same job but sometimes with different names—are very highly regulated already. They involve a great deal of training and responsibility and absolutely no financial reward—but there is great satisfaction for those who participate.
In both universities I have mentioned, our problem is always trying to get the suitable range of highly skilled, highly experienced people to participate. If you add another unnecessary layer of responsibility on to those people, you will deter very worthwhile recruits and you will make life more difficult again for our higher education sector. So can the Minister give us examples of universities—and individuals within universities—that have made these inappropriate decisions, so that we can see why universities are included? Otherwise, if there are no examples at the Minister’s fingertips, could the Government give further thought to whether they should be included at all?
(1 year, 2 months ago)
Lords ChamberI cannot help but agree with my noble friend: it is absolutely right to follow expert advice in this sort of case. That is why the OPA wrote out on a number of occasions, and it is why my right honourable friend in the other place, the Minister for the Cabinet Office, had discussions with the Institution of Structural Engineers only this week. We are pursuing this, but we are ensuring that those who are responsible are putting in the effort and making the changes that are necessary—and we are giving central support, as I explained, in relation to education and health.
My Lords, many universities are likely to suffer from this problem, and some, of course, also have hospital trusts associated with them. The noble Baroness said it was up to NHS trusts and individual institutions to manage their estates, but she knows that that is not a sustainable position, because this problem is not evenly spread across the sector and will impact very heavily on individual organisations. What more will the Government do and announce in the near future to assist those affected? I declare an interest as chancellor of Cardiff University.
I am grateful to hear from the noble Baroness about the situation in the university sector. Of course, they will be taking their responsibilities seriously. As I know from having been involved in these sorts of organisations, the governors always spend a lot of time being concerned about, and taking professional advice on, the safety and state of buildings. Universities and hospitals, where RAAC mitigation work has been going on since 2019, are a bit different from schools, because the estates are usually concentrated in a smaller number of buildings and there are usually dedicated teams of trained estate professionals who are able to monitor and maintain the buildings.
(2 years, 6 months ago)
Lords ChamberTo ask Her Majesty’s Government what progress they have made with developing the new IT systems required to implement the planned border checks on imported goods; and when they expect to be able to implement those plans.
My Lords, IT systems required for the introduction of border import controls are in place and have been live since 2021. The Government set out plans for border import controls more fully in a Written Ministerial Statement on 28 April.
My Lords, the Government recently announced the fourth postponement of the introduction of SPS tests on goods from the EU, until the end of next year. Previous postponements were excused on the grounds that the ports needed more time to build the infrastructure required, but they have now done that and they are complaining that they have invested £100 million in redundant equipment. Vets and farmers are warning of the dangers of importing disease along with unchecked goods. Do the Government still intend to introduce those checks; how will they manage the risks until they do so; and will they be compensating port authorities for the cost of expensive investment at a time when life is very hard indeed for all those involved in international trade?
My Lords, there were a number of questions there. My right honourable friend has decided that we hope to accelerate to the end of 2023 the move to a new regime. In that light, a decision was taken to continue with the present system, with the changes he has announced. As for the ports, I recognise what the noble Baroness said. We are aware that ports will have questions about the decision, and we will certainly be working with them to understand the implications. However, it is important that we invest in a more mechanised border, and that is our objective: a fully modern border, the most modern in the world, as soon as possible.
(3 years, 1 month ago)
Lords ChamberMy Lords, the market is playing its role. As the cost of solar panels declines, it becomes increasingly attractive for householders to implement those sorts of strategies. The cost of solar energy has declined dramatically over the last few years, and I think we will find that, very soon, it will be attractive for many households to take the route the noble Lord suggests.
Does the Minister agree that it would be very environmentally damaging to reduce taxes on aviation, which would in turn encourage more people to fly? Can he assure us that this will not feature in the Treasury’s forthcoming fiscal plans to be announced in the spending review?
My Lords, as I said earlier, I cannot speak for the spending review or the Budget. However, we will not be seeking to inadvertently encourage excess use of aviation travel. But again, it is a very vital part of our economy and, until other forms of transport take its place, we need to support it.
(3 years, 2 months ago)
Lords ChamberMy Lords, I do not agree that relations with either Government or entity are poor, though relations can always be better, of course, and there are some significant differences between us at the moment. I am not sure that I agree with the suggestion that we are sabre-rattling; that is not the way we go about things. We are setting out our case and being clear about what changes would produce a better situation, whether as regards the protocol or anything else. It helps relations when countries are clear about what they think and others can respond.
My Lords, one of the things deterring people from becoming HGV drivers is the amount of time now spent going through the ports, with so many extra forms to deal with. The Minister has recognised this by extending yet again the date for implementation of the new rules, but of course they apply going into the EU. What is the Government’s estimate per average lorry of the additional time it now takes to transport goods to the EU? How many additional HGV drivers do we need for that alone?
My Lords, we obviously keep the flow of HGVs, lorries and trade at all our ports under very close scrutiny. I do not have figures to hand on that subject, but I know that trade is now flowing freely, delays are minimal and I pay tribute to the customs authorities not only of our Government but of our closest trading neighbours—France, Belgium and others—who show a degree of pragmatism in enabling this to happen, so that whatever difficulties there were at the start of the year are no longer significant and trade is flowing freely.
(3 years, 4 months ago)
Lords ChamberIn 2009 David Melding, a Conservative Welsh Assembly Member, wrote a perceptive book called Will Britain Survive Beyond 2020? —and that was before Brexit sent a huge constitutional shock through our muddled constitutional arrangements. The UK Government are now scrambling to recentralise powers previously held at EU level but then devolved down to the four nations. Devolution settlements are messy. I steered a Wales Act through this House in 2014 and there has been another since, but piecemeal arrangements will not withstand the impact of sustained attack by the SNP, combined with Brexit and the careless, ignorant imposition of the Northern Ireland protocol.
The Government believe strains in the union are due to problems in the three devolved nations. Ministers should examine themselves and consider how Englishness has changed. They must solve the problem of Ministers who one moment are English and the next are Ministers for the whole UK. An Anglocentric UK Government cannot prevent the break-up of the UK. The practical proposals by the noble Lord, Lord Dunlop, in his excellent report are the minimum needed but they must be accompanied by a fundamental change of approach.
I have been a Minister in both the Welsh and UK Governments. I understand the perceptions from both ends of the M4. Twitter tells me that the new HMRC HQ in Cardiff will feature a huge, eight-storey union jack. If I were in charge, I do not think I would start by using the tax office as an icon of Britishness. If the Government want to save the union—and I hope they do—they will have to dig much deeper than that.
(3 years, 8 months ago)
Lords ChamberMy Lords, the UK economy faces three stark challenges: climate change and Covid are shared across the world while the third, Brexit, is entirely self-inflicted. The Budget failed as a coherent response to all three. It was a chance to take firm steps towards carbon reduction targets. Instead, we have a promise to reduce air passenger duty, making internal flights cheaper than rail journeys. Fuel duty, frozen again, encourages us back into our petrol and diesel cars, yet rail fares have increased above the rate of inflation. The Government are not just failing to incentivise green choices but actively incentivising pollution. They should reform vehicle and fuel taxation to discourage highly polluting SUVs. As the NAO points out, average emissions from cars actually increased by 6% between 2016 and 2019.
The Budget missed the chance to support the travel industry, which is just as hard-hit by the pandemic as the hospitality industry. Carefully tailored support could encourage a fairer deal for passengers, who have often been denied refunds, and could incentivise greener choices such as greater use of sustainable aviation fuels. The impact of Brexit is only just emerging and the overall picture is grim. UK exports to Germany, our second largest trading partner, fell by 56% in January; that is €2 billion. Exports to Italy were down by 70%. This catastrophe is much more than teething problems. It is a major threat to jobs and prosperity—and the Government’s strategy seems to be limited to shouting at the EU.