Freedom of Information Act 2000

Baroness Royall of Blaisdon Excerpts

Tuesday 17th January 2012 Lords Chamber

[Lord Thomas of Swynnerton]

My Lords, like other noble Lords I am grateful to the noble Lord, Lord Hennessy, for introducing this debate. I am also grateful to him for his work over many years in elucidating problems of great interest in English politics, particularly his discussion of how the nuclear weapons of this country were developed. He also developed well the idea of how we would manage to survive a nuclear attack in his book The Secret State, to which he alluded.

I have on one or two occasions come up against restrictions on the freedom of information. I remember writing a book and needing the text of the Non-Intervention Committee in Spain in the 1930s. I was told it was an official secret. I argued but I did not get very far until I found out that the Dutch version of these minutes and documents could be available to me if I went to Amsterdam. I discussed this with the Public Record Office, which eventually relaxed its control.

I had another experience once when, already a Member of this House, I tried to get the late Lord Dainton, then chairman of the British Library, to tell me how many people had visited the British Library— the old, noble British Library, which I still regret—the previous year. He told me—this is difficult to believe—that it was an official secret and I could not be informed. Recently, I have come across a different problem—if it is a problem. Letters that I wrote to the noble Baroness, Lady Thatcher, in the 1980s are now available for scrutiny in Churchill College, Cambridge. I do not mind that: I know that on one occasion I wrote a very important paper about the Ming dynasty in China because she was just about to go to China.

In this debate, we are trying to discuss where the line lies between the need for confidentiality: the need for Ministers, for civil servants and for private persons to have private conversations which are not leaked immediately; and the need which public persons, private persons, historians, journalists and others have for information. The difficulty of deciding this line has been touched upon very well by many noble Lords. I was particularly interested by the speeches of the noble Lords, Lord Wilson and Lord Armstrong, who pointed out the difficulty of immediate indiscretion, so to speak.

I feel have to sit down in a minute—I can feel a glare upon me. In conclusion, it is essential for public servants and politicians to be able to write down statements of policy and not just commit them to the telephone or to conversation. Dr Kissinger makes that point very strongly in an introduction to one of his volumes of memoirs and I very much agree with him. It is the written document which we need.

[Baroness Royall of Blaisdon]

My Lords, I, too, thank the noble Lord, Lord Hennessy of Nympsfield, both for securing this debate and for his own role, not just as an historian, but as a constitutional activist who has done a great deal more than most in pushing at the boundaries of official information.

First, I would like to endorse the proposal from the noble Lord, Lord Hennessy, for a “Waldegrave 2”. Just as the initiative of the noble Lord, Lord Waldegrave, helped historians understand our recent past, so, too, would a reconsideration of the issues now. Secondly, I would also endorse his call for the Pilling and Hamilton reviews on the official history programme to be implemented.

However, my main concern is the Government’s proposal to review the operation of the FOI Act 2000. Although the FOI Act was passed by a Labour Government, this does not of course mean that everything about it is perfect. The wriggling of this Government in relation to the Department of Health’s risk register is clear evidence of that. So we on these Benches—well, my colleague and I—welcome the establishment of a review of the 2000 Act, in the form of a post-legislative scrutiny of the legislation.

There is a continuing need for consideration about whether the Act has got right the balances it seeks to strike: for instance, between disclosure and operation in government; between transparency and the need to reduce regulatory burdens; between, in effect, good government and open government. In that respect, I welcome the intervention by the noble Lord, Lord O’Donnell of Clapham—whom I am delighted to see in his place—in his final remarks as Cabinet Secretary. My own experience in government suggests that there is indeed a need for proper policy-making space in government and also suggests that FOI, as a piece of legislation, has had some negative as well as positive effects. Discussion in government can be less open as a result of FOI. Fewer things are now written down in government as a result of FOI. These are not good outcomes either for good governance or for future historians.

Set against that are the clear and real successes of FOI, as detailed in the Government’s helpful memorandum on the Act, published last month, which will form an important part of the review of that Act. At present, the review is to be carried out by the House of Commons Justice Select Committee, chaired by Sir Alan Beith, the Member for Berwick-upon-Tweed. The Select Committee is a very fine body and its chairman a very fine chairman, but there is a case—a strong case—for the form of that inquiry to be expanded.

Today’s debate gives me the opportunity to propose that even at this late stage the vehicle for the review of the operation of the FOl Act 2000, first suggested by the Government in January last year, should be extended to a review carried out by a committee of both Houses. That would also be in line with the spirit of the Goodlad report, and the Leader of this House has always said that he is in favour of this House undertaking post-legislative scrutiny. The expertise of your Lordships’ House across a whole range of activities is clear.

A Joint Committee of both Houses might well be the best means of carrying out a review. Or perhaps, given that the work of the Common’s Justice Committee on the matter is already under way, there might be scope for that Committee to co-opt or include in some way as part of its process Members of your Lordships’ House, and this House should explore and pursue this matter further with the House of Commons.

Public Bodies Bill [HL]

Baroness Royall of Blaisdon Excerpts

Wednesday 23rd November 2011 Lords Chamber

[Baroness Quin]

My Lords, given that the Minister referred to the amendment on regional development agencies, perhaps I could raise a point in relation to them. I am very disappointed that the Government did not change their mind on their approach to regional development agencies, particularly in my home region of the north-east where there has been strong support for an agency over a long period of time. Indeed, a former member of this House, Lord Burlison, to whom I pay tribute, was very active in setting up a home-grown regional development agency there before it was sanctioned by government. That shows the longevity of this issue in our region.

One area where the regional development agency was active was in supporting applications for European funding for regional projects in regions such as mine. It is not clear who will take over that role. A great deal of money is going begging at the moment. Given that we are in a time of financial stringency, it seems quite wrong that in an area such as the north-east, which has high unemployment, regional projects are not going ahead because no advice is available to bodies applying for regional funds, and nor are there matching funds. This very important issue is gaining prominence in the region. I would be grateful if the Minister would at least address it in his reply.

[Baroness Royall of Blaisdon]

My Lords, this is an extraordinarily different Bill—as the Minister said—from the one that was published. Frankly, it was then an appalling Bill, with its unprecedented number of Henry VIII powers and with profound and chilling implications for many organisations that carry out public functions. I contrast the Bill as it was—the so-called cull of the quangos—with the proliferation of quangos, including the biggest quango in the world, that we will see as a result of the Health and Social Security Bill that is before us at present. Noble Lords applied themselves to the Bill in the best way that this House does, in a very impressive example of the House enacting its role in our legislative process properly and fully. As a result of the changes that this House made, including the removal of Schedule 7 and of those clauses that would have enabled the sale of the public forestry estate, the Bill left this Chamber a much improved piece of work—not with all the changes that we on these Benches would have liked, but much improved.

In part that was because the Government, and especially the noble Lord, Lord Taylor of Holbeach, responded properly and appropriately to the concerns expressed by the House and by many people and organisations outside it. Further changes were made in the Commons—hence the number of amendments under consideration today—and I am pleased to say that we on these Benches warmly welcome Amendment 1, moved by the Minister. We also welcome the amendments relating to S4C, and some others. However, like my noble friend Lady Quin, I am deeply unhappy about the amendments relating to the RDAs. Their inclusion in the Bill encapsulates the topsy-turvy legislative process that the Government seemed bent on pursuing earlier in the Session. The saga of the abolition of the RDAs was a disgrace—a prime example of pre-legislative implementation that has had a profound and a negative impact on some regions, for example the north-east and the West Midlands. It is clear that not all RDAs were working as well as they should have been—but why abolish all of them just because one or two needed improvement?

Having said that, we will not vote against the amendments because we recognise that it is the end of the road, notwithstanding the paucity—or perhaps complete lack—of consultation on the issue, and the fact that there was extraordinary pre-legislative implementation of the abolition of RDAs, which we deeply regret. I hope that the Government will not pursue such policies in future but will seek to ensure that they legislate before they implement.

--- Later in debate ---

[The Earl of Listowel]

My Lords, I also want briefly to thank the Minister for this announcement and to say how grateful I am to the Government for the careful way that they have listened to the concerns of noble Lords, for the meetings with the Secretary of State and for their attempts to adjust their plans in order to meet those concerns. I am extremely glad to hear this good news today. There is much more work to be done. As the population of children in custody reduces, as it has been, those remaining in custody are more difficult and challenging, so we need the best possible systems and approaches in place to deal with these higher levels of need. Again, I would like to express my thanks to the Minister and the Secretary of State for this decision.

[Baroness Royall of Blaisdon]

My Lords, I too was going to speak about heaven and sinners, as did the noble Lord, Lord Elton. But I would like to put on record that the sinner in this case is not the Minister, who I know will have done a fantastic job in persuading the department of the folly of its ways. The Minister himself is certainly not a sinner; he is more heavenly.

We on these Benches are absolutely delighted that the Government are doing the right thing. It might seem churlish, but I have to say that I wonder why it has taken a whole year for them to reach that decision. It was a whole year of insecurity, not just for the Youth Justice Board but for the youth justice system itself. As we know, the Youth Justice Board does a splendid job. By any standard of measurement it is a success story. As the noble Lord, Lord Ramsbotham, and others have said, following this summer’s disturbances —when there is, properly, great consideration being given to the need to tackle youth crime—the need for this excellent body is even greater. We should heed the wise words of the noble Lord, Lord Ramsbotham, and look at the increased potential of this particular body in the difficult times in which we live.

We should pay tribute to the work of the Youth Justice Board itself, but also to the work and the voice of noble Lords all around this Chamber, led by the noble Lord, Lord Ramsbotham, the noble and learned Lord, Lord Woolf, my noble and learned friend Lady Scotland, my noble friend Lord Warner, the noble Baroness, Lady Linklater, and others, all of whom have played a huge role in persuading the Government that it would have been wrong to abolish this excellent board. Long may it continue in its excellent work, which is to the benefit of the youth of this country, but also to the benefit of each and every citizen of this country.

[Lord McNally]

My Lords, I will certainly wish to see in Hansard the description of me by the noble Baroness, Lady Royall, as heavenly. I will see what can be done about getting the remarks of the noble Lord, Lord Warner, expunged, because they definitely would be career threatening.

I intervene briefly to make it clear that, as I said at the beginning, we will not be asking the House to oppose the noble Lord’s amendment, and therefore ask to insist upon the amendment to remove the Youth Justice Board from Schedule 1 to the Public Bodies Bill. Noble Lords will recall that this House removed the YJB from the Bill on Report in March. Subsequently, a government amendment reintroduced it to the Bill in the other place. The Government realise that the future of the Youth Justice Board is an emotive issue. It is an issue in which this House has always taken the closest interest. It has therefore not been a surprise that noble Lords have scrutinised and challenged our plans for the future governance of youth justice.

I want to be absolutely clear that this Government remain committed to maintaining a distinct focus on the needs of children and young people in the youth justice system. We have never proposed to remove youth offending teams, nor have we ever proposed to dismantle the dedicated secure estate for young people or to effect a takeover of youth justice by the National Offender Management Service. We always intended it to be kept separate. The Government have consistently made clear that we want to build on the strengths of the Youth Justice Board. We recognise that since it was established by the Crime and Disorder Act 1998 the Youth Justice Board has helped to transform the youth justice system. It oversaw the establishment of local youth offending teams, and has fulfilled an important role in reducing offending and reoffending among young people. It has also driven up standards in the discrete secure estate for young people.

During the debate on the future of youth justice, the Government set out to persuade Parliament that now that an effective youth justice system was in place, the oversight provided by the YJB was no longer required and direct ministerial accountability for youth justice should be restored. However, we have listened to the debates in both Houses during the passage of the Bill. We have listened to the points raised by respondents to the MoJ consultation and in the responses to our Green Paper. We acknowledged that there was considerable opposition to our proposal to abolish the Youth Justice Board. I must be clear, though, that the abolition has never been about saving money—the MoJ does not have major savings contingent on its abolition. That is why we are no longer pursuing the abolition of the Youth Justice Board as part of this Bill.

The Government still believe that there should be more direct ministerial accountability and involvement in youth justice. We believe, as many in this House believe, that there is a strong case for reform of the Youth Justice Board, and we will consider our options for achieving reform outside the Public Bodies Bill. For example, we have wide-ranging powers already open to us under the Crime and Disorder Act 1998 and other powers, which the noble Baroness, Lady Linklater, and I think at an earlier date my noble friend Lord Elton, referred to. We will consider whether we can use these powers in the context of more direct ministerial accountability but will do so in consultation with the Youth Justice Board and with the intention of working harmoniously with it.

I also have to put on record that the Youth Justice Board will remain within the context of the Cabinet Office’s policy on public bodies and its stipulation that all non-departmental public bodies should be reviewed at least once every three years. I will also remind the Cabinet Office that your Lordships’ House will continue to keep a close interest in the Youth Justice Board, so if it wants to back into that bacon-slicer again in three years’ time, it is up to the Cabinet Office.

I know that at these times this House can get very self-congratulatory, but tribute has been paid and the noble Baroness, Lady Royall, read out the roll of honour. I have been in this House long enough to know that when the Ramsbothams, the Eltons and the Linklaters coalesce with the Warners, you are in trouble as a Minister. That was true in the previous Administration as well. The other point that has come through in contribution after contribution is that the real influence and power in all this has been the reputation of the YJB itself. It has been able to call on friends in its time of need because of that reputation. I associate myself with the tributes that have been paid on all sides of the House to its response to the riots during the summer and the very effective way in which it dealt with the problems of young people at that time.

I assure the House that we will continue to work closely with the YJB on all our youth justice priorities. Indeed, I want to put on record, as others have done and as I did in Questions earlier in the year about this, a sincere tribute to the work of Frances Done, the chair, and John Drew, the chief executive, and all the staff of the Youth Justice Board, who have carried on meeting the needs of the most vulnerable groups of young people over the last year while under the threat of abolition. I fully appreciate that that is not a happy position to be in. However, I can also say with absolute certainty that, even through this difficult period, the working relationship between the Ministry of Justice and the Youth Justice Board has been maintained effectively and at the highest standard. That is a tribute to the leadership and the staff of the board. The Government therefore support the noble Lord in his amendment and ask that this House insists on this amendment as passed.

Elections: Registration

Baroness Royall of Blaisdon Excerpts

Monday 31st October 2011 Lords Chamber

[Baroness Royall of Blaisdon]

My Lords, I am grateful to the noble Lord for his Answer about voluntary registration, but I do not entirely understand it. As I understand it, it is compulsory to register at present—if only it also were to vote—and if one does not register to vote, I think that one can be prosecuted. My main question concerns local authorities: I wholeheartedly agree with the position taken by the noble Lord, Lord Rennard, with which the noble Lord agreed. Can he assure me that local authorities will have the requisite amount of resources in order to ensure that they can undertake door-to-door registration?

[Lord McNally]

Yes, I think that I can give that assurance. On voter registration, the compulsion is for the householder to register the household and not for the individual voter.

Young People: Politics

Baroness Royall of Blaisdon Excerpts

Wednesday 14th September 2011 Lords Chamber

[Lord McNally]

Indeed, and if I may say so, it is almost the mirror image of what my noble friend suggested in his opening question. The previous Speaker’s outreach programme allowed Members full in years and experience to go and speak to young audiences, not only about this House, but about participation in politics. As one who participated in that programme, I must say that they were most enjoyable meetings, and since they were usually compulsory for the school that was hosting them they were better attended than some political meetings I have addressed.

[Baroness Royall of Blaisdon]

My Lords, there was an important democratic initiative earlier this week, with the publication by the Boundary Commission of its initial proposals for new parliamentary constituencies. Members of this House, all of whom are young at heart, have a close, appropriate and legitimate interest in these matters. Can the Minister inform the House why this material has not been made available for all Members of your Lordships’ House through the Printed Paper Office in the normal way, and can he give a clear assurance to the House that this disparagement of this House will be corrected immediately and certainly before the House rises tomorrow?

[Lord McNally]

I have heard this bubbling away on the other Benches. I will certainly look into it. I know of no reason why it is not available in the Printed Paper Office. I assumed that it was available immediately. Indeed, if I may say, one of the things that I would like to see is legislation in this House that would make every Member of this House interested in boundaries and elections.

Land Registration (Network Access) (Amendment) Rules 2011

Baroness Royall of Blaisdon Excerpts

Tuesday 5th July 2011 Grand Committee

[Baroness Royall of Blaisdon]

My Lords, I shall make a brief intervention on this, with a couple of quick questions. In the Explanatory Notes somewhere it says that the first alternative business structures will be established in October this year. Is it anticipated that that is the case? Furthermore, there is mention of an informal consolidated text in the document. What is the state of an informal consolidated text, as opposed to a proper consolidated body of law?

I very much welcome the update of the Land Registry portal guidance notes, which will be important. However, following on from what the noble Lord, Lord Thomas of Gresford, has said, and the noble Lord, Lord Hodgson of Astley Abbotts, there are clearly potential problems with this order. There is to be a post-implementation review in 2015. I have two things to say about that. In view of the concerns expressed by noble Lords, are the five years before there is any sort of review not a little too long? If consumers have been found to be suffering as a result of this order, perhaps the Government might seek to act before then. If the review finds that the policy objectives of the order have not been met and that consumers have been harmed as a result, will the Government seek to act and revise the order in some way to ensure that consumers do not continue to suffer as a result?

[Lord McNally]

I am grateful to noble Lords who have participated. On the important question of when alternative business structures will be introduced, the Legal Services Board and the Ministry of Justice are working towards October 2011 for implementation. The noble Baroness was in government long enough to know that saying that we are working towards that is as firm a commitment as I can make at this precise moment—but that is the objective.

On the question asked by the noble Lord, Lord Thomas, about the importance of the integrity of the Land Registry process, I need no urging on that. I am the Minister responsible for the Land Registry. One thing that I continually impress on colleagues from other departments is that we have a very important public asset in the trust that people put in the Land Registry process, and rightly so. For the great majority of us, the title and ownership of our property—those of us who are house owners—represents the biggest investment that we ever make in our lives. So the integrity of that process is extremely important. Although I have heard before the doubts expressed by the noble Lord, Lord Thomas, about alternative business structures, I would not go so far as to describe him as a Conservative on matters of legal structures.

Our aim is to bring what we hope will be some exciting competitive pressures into the delivery of legal services, and those responsible for delivery will keep a close eye on things. In a recent meeting on related matters, the noble Baroness, Lady Hayter, attending in her capacity as chair of the Legal Services Consumer Panel, expressed confidence in the overall checks and balances being put in place. Alternative business structures will provide opportunities for practitioners from different professions, legal and non-legal, to join up to ensure that it is economically viable for them to continue to provide legal and associated services and gain efficiency savings.

Although we promised a review after five years, Land Registry constantly reviews its practices and will review the network access rules if alternative business structures result, paying particular regard to consumers.

The noble Lord, Lord Hodgson, spoke about the use of databases—I think that he referred to the suspicious activity database. Thorough checks are made before entering into network access agreements and continuing checks are made to make sure that there is no abuse. However, the noble Lord raised an interesting broader point. The advance of technology has meant that the ability of the state and private industry to amass vast amounts of information about the individual could pose a threat to their civil liberties. I shall quote, as I do frequently in other places, something that the noble Lord, Lord Thomas of Gresford, once said to me. He said that in a free society there must be a limit to what the state knows about the individual. In our modern world, vast amounts of information are amassed. What is more, there is almost limitless technological ability to exchange that information unless checks and balances are put in place. That is partly the responsibility of government and Parliament.

I hope that I have covered the points that colleagues have raised. As I have said, the measures bring the various Acts into kilter and anticipate new structures. On that basis, I hope that the Committee will agree the Motion.

Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2011

Baroness Royall of Blaisdon Excerpts

Tuesday 5th July 2011 Grand Committee

[Lord Thomas of Gresford]

My Lords, I support my noble friends in their comments. On the previous occasion, as I am sure the noble Lord will recall, I used the illustration of having appeared in Hong Kong in a case where I was instructed by what turned out to be a Triad-backed solicitor’s firm. The solicitor was merely the front man. Therefore, the owners and managers of a firm must be of a proper standard.

While my noble friend was replying to the previous debate, I suddenly recalled that within the past three years I have represented someone charged with stealing a house. It was a fairly unlikely charge, which I had not come across before, but there were two solicitors in the dock with the person in question. This is the real world. This is where people who are undesirable can move in and take advantage of the legal system if it does not contain all the safeguards. The necessity for owners and managers of alternative business structure firms to be subject to the same checks as every other solicitors firm is essential, so I support my noble friend.

[Baroness Royall of Blaisdon]

My Lords, I also support what noble Lords opposite have said. Of course, as the Minister said, we have to be careful not to jeopardise the workings of the Rehabilitation of Offenders Act 1974, but there clearly have to be exceptions. Like noble Lords opposite, frankly I do not understand why this order does not encompass ABS firms, or the head of legal practice and head of finance administration, to which the Minister referred. In view of the strong feelings that have been expressed in Committee this afternoon, I wonder whether the Minister would consider taking back this order and relaying it once proper consideration has been given to the inclusion of the owners of ABS firms. I think that all noble Lords present would like to see one single set of regulations. That would make for much better government and much better governance, and I should be grateful for the Minister’s views.

If the noble Lord is not able to take back this order—and he may not be able to do so—I should be grateful for an assurance that he will come back in the very near future with another order that encompasses the ownership of ABS firms. I quote from his honourable friend Jonathan Djanogly, who, when speaking for the Conservative opposition in the House of Commons—I am afraid that I do not have the words of the noble Lord, Lord Hunt of Wirral, in front of me—said:

“The effectiveness of fitness-to-own provisions is a crucial element of the public protections that need to be in place before external ownership of ABS firms can safely be permitted. It is essential to avoid the spectre of law firms being owned by criminal elements”.—[Official Report, Commons, Legal Services Bill Committee, 22/6/07; col. 300.]

I think that, unless we have an order before us in the very near future that encompasses ABS firms, we will indeed have that spectre before us.

[Lord McNally]

I knew I was right when I said that the enemies are behind me, but very constructive enemies they have been. One of the benefits of this procedure is that we can examine orders such as this in a non-partisan but expert way. As much as it is within my power to give the assurances that the noble Baroness, Lady Royall, has asked for, I give those assurances. The points that have been made by my noble friends during this debate should be treated with proper urgency. I am not in a position to withdraw the order, which covers matters that it is important to take forward. However, the noble Baroness is quite right: in opposition both Jonathan Djanogly in the other place and my noble friend Lord Hunt made it very clear that the effectiveness of fitness-to-own provisions was a crucial element of the consumer protection measures that needed to be in place for all ABSs. That position has not changed.

I can assure the Committee that the gist of this debate—or at least Hansard—will be made known to my colleagues in the Ministry of Justice, along with the strong message that a sense of urgency is needed in taking this matter forward. The argument that a compelling case and a clear understanding of the potential risks are needed to justify inclusion in exception orders is valid. Licensing authorities have a range of regulatory powers and will be required to put in place strict licensing rules to ensure that licensing bodies are properly regulated and consumers adequately protected.

Nevertheless, I accept the point made by my noble friend Lord Dholakia. I hope we can carry forward his initiative in producing a new Private Member’s Bill that updates the Act. If we are to get general public support for a rehabilitation of offenders Act, and carry public confidence in it, we must have exception orders to give the protections that the public require. Certainly, the case made today for owners being part of the Act is, to my mind as a lay man, almost unanswerable. I hear what has been said. It would seem only natural to a simple lay man that owners and managers of ABSs should be included in the order. I will take the very strong recommendations of this Committee back to colleagues. In the mean time, I ask the Committee to accept this order.

Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 3) Order 2011

Baroness Royall of Blaisdon Excerpts

Tuesday 5th July 2011 Grand Committee

[Lord Goodhart]

My Lords, I would like to step in briefly on this matter. The law dealing with the liability of corporations for offences, or matters for which the corporation has been responsible, has been inadequate in recent years. In particular, to make the corporation liable for homicide, as in this case, or for other purposes, it has been necessary for it to be shown that not only was the corporation itself negligent but that negligence could be attributed to a directive member of the corporation. Therefore, I very much welcome this particular piece of this particular order.

I should mention also that a recent and important change in this law came into effect a couple of days ago with the Bribery Act, which makes liability for bribery subject not to any particular identification of any particular individual who is responsible but simply to the incompetence of the corporation itself. Therefore, I very much welcome this particular amendment.

[Baroness Royall of Blaisdon]

My Lords, I, too, welcome the orders. As the Minister said, at the time of the passage of the Corporate Manslaughter and Corporate Homicide Act 2007 there was much discussion about this issue in both Houses. It was absolutely right that the Bill should encompass this particular aspect, because it is important that an organisation can be found guilty of manslaughter if the way in which its activities were managed or organised causes a death. That is absolutely right. It is particularly important for the victims’ families because they need the certainty that such deaths can be properly investigated and authorities brought to justice.

I have only a couple of questions. My first question relates to the custody suites in the UK Border Agency and the Ministry of Defence. Is it intended that there will be a review of those specific holding and detention areas? Like the noble Lord, Lord Thomas of Gresford, I would like an assurance that those in the private sector who are responsible for the custody and transporting of offenders can also be brought to justice.

In the other place, a member of the DUP asked whether or not there had been discussions with the Northern Ireland Assembly. It was not absolutely clear from the Minister’s response what discussions had taken place with the Assembly. I realise that they are a separate entity but it is important that discussions should take place between the Assembly and the Government and I would grateful for information from the Minister.

House of Lords: Reform

Baroness Royall of Blaisdon Excerpts

Wednesday 22nd June 2011 Lords Chamber

[Lord McNally]

A most unusual intervention from a Cross-Bencher—you are lucky that we do not have a Speaker. I did at one stage support the Steel Bill. I wanted it because it was the best on offer after the Straw-Hunt proposals were put on ice. The noble Baroness, Lady Royall, knows full well that she could have had the Steel Bill in its entirety in the previous Parliament and that we constantly promised her our votes for it. Yet again, we are dealing with things where the Labour Party, with 13 years to do something about them, did precisely nothing.

[Baroness Royall of Blaisdon]

My Lords, I will skip to my own defence because ultimately, while I agree that it was too late and regret that we did not take it earlier, we did take up most elements of the Steel Bill in the CRaG Bill. In the wash-up, however, those were taken out by the Conservative Opposition of the time.

[Lord McNally]

More mea culpas. The fact is, as well, that one of the benefits for those who like some aspects of the Steel Bill is that the proposals of that Bill are all now in the draft Bill before the House: a statutory Appointments Commission; ending by-elections for hereditary Peers; permanent leave of absence and dealing with those convicted of serious criminal offences. In addition, noble Lords will be considering next Monday the recommendations of the Procedure Committee to provide for permanent voluntary retirement.

However, the proposals in the Bill of my noble friend Lord Steel are in the context of a wholly appointed House, whereas the Government are committed to a wholly or mainly elected second Chamber as set out in the draft Bill. It is unrealistic to believe that any proposal for incremental reform of this House, such as the provisions in my noble friend’s Bill, could be sped through this House without controversy, even with the support of the Government. Moreover, it would be completely unnecessary to do this when the Government have published detailed, comprehensive proposals for full reform.

I turn to the Joint Committee. As I have said before, I have tremendous respect for its chairman. I hope that he will keep an open agenda in terms of the evidence that he takes. The committee that the Deputy Prime Minister chaired tried to bring forward proposals and had a certain degree of consensus. I hope that the noble Baroness, Lady Royall, will agree that we worked on and looked at the case for reform based on our manifesto commitments and that the case for reform should be by election. We are setting up the Joint Committee with 13 Members from this House, including a Bishop and a Cross-Bencher. The House agreed a Motion on 7 June that the Joint Committee should report by the end of February 2012.

Giving a target date to a Joint Committee is normal practice. If the committee needs more time, Motions can be put to both Houses to extend the date; but it should not be seen—as some Members, with nods and winks, have suggested—that the committee will have a licence to promote open-ended delay. Reform of this House is an issue that will be debated long and hard both inside and outside the Joint Committee over the coming months. The Government look forward to those discussions. We will listen to the arguments and adapt our proposals. However, we intend to introduce a Bill so that the first elections to this House can take place in 2015.

I end on a personal note. I have given way to no one in my affection and respect for this House—what it does and what it stands for. I greatly regret not grasping the opportunity for reform offered by the Wakeham committee, on which point the noble and learned Lord, Lord Lloyd, was absolutely right. If we had, we would be further down the road to a lasting reform than we are today. If we miss the opportunity presented by this Bill and procedure, a House that has won much respect—not least in its willingness to defend civil liberties and human rights and to stand up to the over-mighty power of the Executive—will lose respect as it looks increasingly out of kilter with the spirit of the age.

The proposals that we have made give this House and the other place the opportunity to carry through a reform as significant as the one passed by the Liberal Government a century ago. This is no time for noble Lords to join the last ditchers. There are those who say that, at a time of economic crisis—the worst in 80 years—this is not a time to divert our attention from the central challenges of our day. I would rather invoke the spirit of the last great coalition Government, which launched the Beveridge plan, the Butler Education Act and won a world war. Government is not a one-trick pony. The battle to right the economy is no reason to delay a much needed and long-overdue reform of this House.

On accountability, I am interested in the suggestion that it might be two terms of perhaps seven years. I do not know. Again, I invite the noble Lord, Lord Richard, to look at that. The 15-year term has some weaknesses in democratic accountability that have been pointed out. However, it takes the breath away when speaker after speaker, all of whom have been sent here for life, start lecturing us about the dangers of somebody being sent here for a limited 15-year term. As the Prime Minister made clear in the other place, the Government’s actions to date in producing this draft Bill have been based on trying to work for consensus. The Government are ready to listen; we are prepared to adapt; but we are also determined to act. The Bill, when introduced, like any other piece of government legislation, will be scrutinised, carried through, debated, discussed and passed in the same way.

I have been asked about the Parliament Act. I do not think that you start a piece of legislation by brandishing the Parliament Act, but, especially after some of the passionate debates in favour of the supremacy—the primacy—of the other place, I ask Members of this House, “If the clear and settled view of the other place is for reform, are you going to veto it?”. I think that we should be told.

Other noble Lords raised a number of detailed questions. The Government have set out their views on these issues in the draft Bill and the White Paper. I am sure that the Joint Committee will consider all these issues in very careful detail. My suggestion is that Hansard for the two days of this debate, the Wakeham report, the Cunningham report, the Jack Straw White Paper and the White Paper accompanying this Bill be the Joint Committee’s summer reading. We should now all wish it well and let it get on with that work.

Representation of the People (Electoral Registration Data Schemes) Regulations 2011

Baroness Royall of Blaisdon Excerpts

Tuesday 7th June 2011 Grand Committee

[Lord Wills]

I agree. This was a particularly intractable problem, which Governments have looked at and tried to solve over a very long period. We were not in power for the whole of the past 50 years. Other Governments were in power and they, too, did nothing about moving towards individual registration. We tried to move towards it. The problem was that, every time we looked at achieving the desirable good of individual registration, we saw the problems with the register. We took necessary and important steps to improve the register, but I admit that they were not sufficient. I accept that and the noble Lord is right to criticise us for it. However, you cannot try to achieve one desirable good at the risk of creating what I would see as a greater ill, which is damaging a flawed register even more than it is already damaged.

It was not an easy process, but we found a way to do that. It took a huge amount of effort and negotiation with all sides, including the Electoral Commission, which had to be satisfied that it was proper. We found a balance by coupling the two processes. We coupled the improvement of the register so that it became comprehensive and accurate with individual registration. That, we hoped, would put pressure on everyone to drive up registration rates and move within a reasonable timeframe—and 2015 really is a reasonable timeframe; this is not long-grass territory. Therefore, we moved towards individual registration within a reasonable timeframe and, at the same time, tried to ensure that the register was not damaged, or, to be precise, damaged more than it was already.

I hope that the noble Lord will accept that that is a reasonable point of view. We have to be careful with this. I know that the Minister has not tried to do so, but it is wrong to claim—I am hearing this among the background noises—that these desirable and worthwhile measures that he has brought before us today, for which we are all grateful, on their own justify the partisan rush to individual registration. For all their merits, they do not.

[Baroness Royall of Blaisdon]

My Lords, I am grateful to the Minister for his clear explanation of the instruments and I look forward to our future debates on the speeding up of the implementation of individual electoral registration by July 2014. Obviously, this is a hugely important issue and there is much more to be debated—I associate myself with everything that my noble friend said.

I believe that it is a citizen’s duty to vote and I welcome all efforts to maximise the number of people who are registered to vote. It is deeply depressing that there are 3.5 million people and perhaps closer to 6 million people—I, too, read the article in today’s Guardian—who are eligible to vote but who do not because they are not registered. This disempowers the individual and is damaging to democracy. The fact that a huge proportion of those unregistered are probably young and on lower incomes means that those who are perhaps most in need of a voice do not have one. Therefore, I welcome all measures to improve voter registration.

Effective mechanisms must be established to ensure that the maximum number of people are on the register, so I welcome the instruments that are before us today. I welcome the pilot data-matching schemes, especially the one in the Forest of Dean, which I shall watch with special interest. However, the pilots will be useful only if there is proper evaluation.

Like other noble Lords, I am somewhat concerned about the speed of this. Article 5 of the order specifies the date by which the Electoral Commission must produce a report on the operation of each scheme as 1 March 2012. The Electoral Commission tells us that its agreement to this date is on the basis that the pilot schemes will have been concluded by December 2011— I am not sure whether the noble Lord suggested that that had been put back—and that EROs will be able to provide it with information throughout that process. December is a mere five and a half months away and I hope that many of those employees will get some summer holidays, so will the Minister confirm whether he thinks that this timescale is practical? If the time does not prove to be adequate, will it be extended? I should also be grateful for some further information about the evaluation of the projects and for his assurance that he will report back to Parliament on the process. I will be interested to hear the answers to the questions posed by the noble Lord, Lord Tyler, about the way in which these specific projects were chosen.

I say as an aside that last week I had a meeting with one of the deputy election commissioners in India, a vast country where elections are organised for 750 million participants. I was interested to learn and see that the electoral registers there carry photographs of each person who is eligible to vote. I am not proposing that we should adopt that practice but, like my noble friend Lord Wills, I wonder what other ways the Government are exploring of increasing voter registration. Have they considered introducing a system whereby everybody is registered as of right and then opts out of the register should they wish to, so that the system is an opt-out one rather than an opt-in one?

I welcome the fact that no one who is on the register will be removed if they have not signed as an individual elector for the 2015 register, but I note that that will not be the case after the next general election. That could be a matter of concern if it leads to a greatly reduced number of people on the register and therefore weakens our democratic system, which I think is best nurtured by participation. I look forward to hearing the responses from the Minister and to our future debates on this issue.

Elections: Armed Forces

Baroness Royall of Blaisdon Excerpts

Monday 4th April 2011 Lords Chamber

[Lord McNally]

I do not remember us discussing the Bill that he described. A word in the noble Lord’s description was wrong. As I have said twice in response, these matters are being looked at, and the Government will bring forward proposals. As for the AV and constituency boundaries Bill, the noble Lord lost on most issues, as he will remember.

[Baroness Royall of Blaisdon]

My Lords, I understand that the noble Lord and his department are consulting on these issues. Can he guarantee that a new system will be in place at the time of the next election, be it 2014 or 2015, because on all Benches we naturally wish to ensure that our service men and women have a greater opportunity to vote, if they wish to?

[Lord McNally]

My Lords, this is certainly the Government’s intention. As the noble Baroness will know, we are in the process of carrying through a whole raft of constitutional reforms, and I am quite sure that any proposals on this matter will be as successful as the proposals that have been carried, thus far.