House of Lords Reform

Baroness Stowell of Beeston Excerpts

Tuesday 15th September 2015 Lords Chamber

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, I am very grateful to all noble Lords who have spoken this evening and for the contributions they have made. I will certainly try to do justice in responding to the debate. I echo something that the noble Lord, Lord Hunt, has just said. Like him, I am very proud to be a Member of this House, and I am even prouder to be the Leader of this House. I know that that pride is very much echoed around this Chamber by the way in which everybody has made their contribution tonight.

I said at the outset that our discussions should be about our core purpose, but the way in which the noble Baroness the Leader of the Opposition responded calls for me to be even clearer about what I mean when I talk about purpose. The noble Lord, Lord Greaves, is absolutely right: all of us understand that we are here to scrutinise legislation and to participate in debates about public policy. We do that by holding the Government to account and by complementing the work of the House of Commons. We scrutinise and they, in the end, have the final say. The key thing for me about purpose is not so much what we do but why we do it. I said at the start of my remarks today that this is about how we can best give the public confidence in the laws that Parliament makes. For me that is why we are here. That is why we do all this scrutiny. At the end of it all, that is what we are trying to do: to give the public confidence in what Parliament ultimately decides. It is that clarity of purpose—giving the public confidence—that I feel should very much drive our considerations, whether it is, as I said earlier, about when we attend, how we contribute, when we retire or, indeed, about issues that we have been discussing tonight, such as the size of the House. I think that that has been reflected very much in the debate tonight.

I also pay tribute to the right reverend Prelate the Bishop of Lichfield on his valedictory speech. We all thank him for his contribution and wish him a successful retirement and certainly look forward to welcoming the new women bishops later this year.

Unsurprisingly, a range of views have been expressed this evening. I am glad to hear support from all Benches for making progress on this important issue. In trying to respond, I might start by picking up on some of the remarks that have been made about the Prime Minister and appointments to your Lordships’ House. The noble Baroness, Lady Taylor of Bolton, asked me a specific question, as did others. I should be absolutely clear that the Prime Minister and this Government are not seeking to create a majority in your Lordships’ House. We are not seeking to do that whatever. Some noble Lords referred to the comments that my right honourable friend made about party balance. On that, there has been some misunderstanding of what he was trying to say. He was certainly not suggesting that he was seeking any kind of formal arrangement to reflect the general election results. As the noble Lord, Lord Hunt, acknowledged, we are not in coalition now. This is a Conservative Government and our Conservative manifesto was clear about our intention with regard to the House of Lords. It is worth bearing in mind that when the Prime Minister referred to party balance—noble Lords should believe me; I am not seeking to make any political point—he was reflecting on the fact that the Conservative Party won the last general election, and, as has been customary in recent years, that is something for Prime Ministers to be very much mindful of when they are thinking about their own legislative programme.

My noble friend Lord Strathclyde and the noble Lord, Lord Hunt, had an exchange earlier. The noble Lord referred to the Conservative Party in opposition and its success in defeating the then Labour Government. Noble Lords might be interested to know that during the last Labour Government—and indeed historically over decades—the average rate of government defeats, certainly in the 2005-10 Parliament, was running at about 33%. In the period since the general election this year until the Summer Recess, the defeats suffered by the Government have run at about 60%. There is therefore a distinct difference at the moment in those rates of defeat.

I share other views expressed by noble Lords in this debate that the issue of government defeats in this House is not the only important thing. It is also important to note that the Government listen to the arguments and debates and respond constructively to the legitimate work that this House does in scrutinising legislation and coming forward with amendments. That is what this Government intend to do. During the last Parliament, 21,000 amendments were tabled in your Lordships’ House, 6,000 of which were accepted in legislation by way of either government amendment or other amendments that we accepted. We therefore very much recognise the role of this House and that it is important that it is effective and in a strong position to do its important work.

As has been mentioned, the Prime Minister feels that it is right and understandable that this House would like to address the issue of its size. He feels it is right that we as a House should come forward with our own proposals for change because that is a tried and tested method. After the 2012 Bill failed to proceed out of the House of Commons in the last Parliament, it was measures drawn up in this House by Private Member’s Bills that were successful. Those incremental steps—whether it was the Bill originally in the name of the noble Lord, Lord Steel, or the Bill in the name of the noble Baroness, Lady Hayman—were measures to address important matters that came out of this House and, with government support, succeeded in becoming Acts of Parliament. I therefore absolutely reject any idea that this Government have some kind of hidden agenda for the future of this House. What we and I want to do is ensure that I, as Leader of the House, along with my government colleagues, support the House in making the changes that we feel are right in order for us to be effective in the important work that we do.

Let me respond to some of the specific points that have been made about appointments. Some noble Lords have argued—most sincerely; I recognise that—for what I might describe as giant leaps that I fear may be overambitious as a starting point. Examples are: starting to look at criteria for appointments to your Lordships’ House; setting formulas for its composition; and introducing a cap or conditions on the way in which the Prime Minister is able to make appointments. As I have already said, progress will be made through incremental reforms, and our recent experience bears that out. We have a lot of work to look at already, whether the work done in the past by groups chaired by my noble friends Lord Hunt and Lord Wakeham or the work of other groups currently looking at these issues.

Reference was made to putting the House of Lords Appointments Commission on a statutory footing. Again, I feel that that is a big step at this time and certainly one that I consider overambitious. However, I am pleased that the noble Lord, Lord Kakkar, contributed to today’s debate. It is important that we recognise that the commission does exemplary work in scrutinising the probity of appointments to your Lordships’ House, and there has never been a Prime Minister who has ignored the very important advice it puts forward.

We need annual appointments to this House. They are an important way of our refreshing ourselves and ensuring that we have modern and relevant expertise alongside the wealth of experience that sits on your Lordships’ Benches.

I do not want to get into a long discussion about special advisers, but so many comments have been made that it is important that I at least make a couple of points. On the guidance and advice for special advisers, the practice followed is that followed by the previous Labour Government in the appointments that they made of special advisers. However, most importantly, I think we need to be careful that we do not attack people before they have had a chance to make decisions about their own career and future. These people have not yet been introduced. Very few of us make our maiden speech within days or weeks of arriving; there is usually a bit of a lag. We do not know yet what decisions some of these people are going to make. Let us give people a chance to reflect on their contribution before we rush to judge them.

[Lord Forsyth of Drumlean (Con)]

As my noble friend knows, I raised the issue of the special advisers who had been appointed on the basis that they would be able to come here but only to vote and not to speak. It was not a personal attack on the individuals or their decisions; it was on the question as to whether or not it is right to appoint people to this House with a condition that they are not able to speak. That could be seen as the Government simply using people as lobby fodder.

[Baroness Stowell of Beeston]

I have addressed that point in the remarks that I have just made. I am going to move on from appointments to what was said about addressing the size of this House and our membership.

Several noble Lords suggested a preferred number for the membership of this House. At this stage, I do not want to get distracted by talking about a specific target. What is most important is the effective ways for us to proceed. I have acknowledged, and am very serious about the fact, that we need to make progress in this area and address the size of the House. At the moment, I want to ensure that we proceed with a process that will achieve some improvement in this area without fixating, right now, on a specific end target.

On some of the ways forward proposed today, the noble Lord, Lord Steel, led us by referring to some specific limits. He mentioned age, with some exceptions around that. Several noble Lords expressed support for that measure, but perhaps others expressed some concerns. There was support also for specific term limits; others again expressed some concerns. As time is tight, I shall not go through and name-check everybody who was for or against. What I will do after this debate is study carefully all the arguments that have been made. As I said earlier, this area attracts some serious consideration.

Another idea, put forward by the noble and learned Lord, Lord Wallace, and referenced as well by the noble Baroness, Lady Hayman, was that we might take a more mathematical approach to slimming down the House, with each group leader agreeing a set proportion from their number to leave the House by either election or another means of their choosing. That could certainly merit further thought as we proceed if it is something that all parties support, and especially if it can be disentangled from some of the other measures which I might describe as adding to the complexity of this kind of arrangement—or, to quote my noble friend Lord Elton, unnecessarily stirring up a hornets’ nest.

I note that my noble friend Lord Strathclyde suggested that if we were to look at that kind of approach the small parties should be exempt from such a process. I noted as well the exchange between my noble friend Lord Ridley and the noble Lord, Lord Pearson of Rannoch, in specific regard to UKIP.

Such an approach, as has been already acknowledged, is not dissimilar to that followed by the hereditary Peers when it was decided to reduce their number. I take this opportunity to pay tribute to the hereditary Peers who are Members of your Lordships’ House. They make a very important contribution to our work. Any idea of removing the hereditary by-elections is a fundamental question about our composition which should be considered in the round as part of a wider approach to reform.

As to encouraging more Members to retire and the progress that we have made there, I pay tribute to the Lord Speaker. It has been rightly acknowledged that she has done a lot in a very sensitive fashion to encourage retirement. It is right that retirement becomes a fundamental part of our culture, because it should be recognised as a decision of public service when noble Lords feel that the right decision for them is to retire, when they can no longer contribute in the way they feel the public have a right to expect. I agree with my noble friend Lord Naseby that retirement is working. Thirty-five noble Lords will have retired very soon if we include those two noble Lords listed as having given their notice.

Other noble Lords put forward different ideas. The noble Lord, Lord Low, referred to attendance limits. The noble Lords, Lord Stone of Blackheath and Lord Desai, and others talked about withdrawing allowances as a way forward. They are all interesting ideas. I should be explicit that I categorically cannot support the idea of the noble Lord, Lord Lee of Trafford, that there should be some financial incentive from the public purse for noble Lords to leave your Lordships’ House.

My noble friend Lord Caithness raised some important points that contribute to our effectiveness and the perceptions that people have of us. My noble friend Lord Astor reinforced the importance of the Salisbury/Addison convention, which is so important to maintaining our legitimacy as an unelected House. I was very pleased to hear the noble Lord, Lord Paddick, state that the Liberal Democrats now respect the Salisbury/Addison convention. That is good news indeed.

I will not get into the detail of some of the ways in which our function as a House is affected by size, except to say that I agree with my noble friend Lord Strathclyde and others who made the point that, as we are right now, we are doing a good job. We often do ourselves down about how we are operating. Although I will not rattle through the various statistics, contrary to what some people say—certainly my noble friend Lord Attlee—if we look at 2013-14, when average attendance was at its largest, our average speaking time in Questions for Short Debate was seven minutes and more than 10 minutes in balloted debates. So it is not quite always as people would have us believe.

Although I say that, I was also pleased to hear the noble Baroness, Lady Hayman, acknowledge that she agreed with my sentiments, expressed when opening the debate, that the gap between the headline figures in terms of our size versus our average attendance is muddying the public understanding about our work. That is important.

[Baroness Hayman]

I was not stressing that point; I was stressing that I believe that the size of the House interferes with the quality of work we do. I apologise for taking the time of the House, but I was really encouraged by the noble Baroness’s opening remarks that there was political dynamism behind doing something. I have to say that in these remarks she has talked about not being overambitious and not being fixated, but without political dynamism or real determination from the political leadership that she brings together, we will have an infinite number of discussions, such as I have taken part in in the past nearly 20 years in this House, and we will not make progress.

[Baroness Stowell of Beeston]

I hope that, in the remarks that I am about to make before I conclude, I will be able to give the noble Baroness some more assurance. All I have tried to do in my remarks in the past few minutes is to highlight that starting with some things—if we were to start at that juncture—would mean us biting off more than we could chew. I am absolutely committed to making some progress in this area. There is the political will from me, and there have been signs of that from the Opposition and the Liberal Democrat Benches. Although the Convenor is not here this evening, I know that the same feeling is there.

We need to make progress, and I think the noble Baroness has given us a compelling example of how we can best make progress through the legislation that she so successfully achieved in the previous Parliament. We have to take steps and we have to set the direction of travel, but we have to start somewhere. We will start by coming together with the group leaders, as I have already said, soon after the Conference Recess.

[Baroness Smith of Basildon]

I apologise to the noble Baroness, as I had hoped not to have to intervene. She has rightly said that the Official Opposition are keen to have such talks to make progress. However, I asked several questions about the role and commitment of the Prime Minister and some other issues around these talks, but she has not responded to any of them. Can she please do so in writing?

--- Later in debate ---

[Baroness Stowell of Beeston]

I think I have responded to what the noble Baroness referred to in respect of the Prime Minister. The Prime Minister and the Conservative Government in our manifesto have committed in this Parliament to massive reform of the kind attempted in the previous Parliament, which failed because the House of Commons would not get behind the legislation. We will not try that in this Parliament. This Government and Prime Minister have given us an opportunity—a period of stability—to address important matters that are necessary for us to remain an effective second Chamber. That is what I want us to do, and I think we should seize that opportunity. It is an opportunity that I, for one, am very enthusiastic about and on which I want to see some progress. I will give way to the noble Lord.

[Lord Campbell-Savours]

The noble Baroness referred to all-party discussions. Twenty-six Conservative Peers are to be introduced to the House. If these discussions are to be meaningful, may I suggest a freeze on further appointments after these latest introductions? If there is no freeze, it will make a mockery of the discussions.

[Baroness Stowell of Beeston]

As my noble friends behind me are urging me to state, of course I will not agree to conditions as I go into these talks. There will be 26 Conservative Peers joining your Lordships’ House, and I am very much looking forward to welcoming them. There will also be 19 Peers from opposition parties. That is because they are borne out of a Dissolution list that reflects the outgoing Government.

[Lord Campbell-Savours]

That is nonsense.

[Baroness Stowell of Beeston]

My Lords, I feel really disappointed. We have spent about six hours today debating this really important matter. I felt that we started off with a real sense of willingness for us all to get together and see some real progress on this important issue. That is what I want to see us do. I want us to make progress in the areas where we ourselves have some control, where we can do something about it. Instead of us looking to the Prime Minister to come up with the answers, and looking for him to take control, let us make some progress. Let us have some action on those areas where we can make progress. That is what I want us to do. I give way, finally, to the noble and learned Lord, and then I will draw my remarks to a conclusion.

[Lord Wallace of Tankerness]

I am very grateful to the Leader of the House. I accept what she says, notwithstanding my party’s long-standing commitment to substantial reform. We recognise that that is not going to happen in this Parliament. She is right that we should therefore take this opportunity to work constructively to make progress, and we will enter these talks on that basis, in a constructive spirit. However, I would like the noble Baroness, having listened to the debate, to tell us what she thinks that progress will be: two years from now, will the House be smaller than it is now, the same size or a bit larger?

--- Later in debate ---

[Baroness Stowell of Beeston]

My Lords, if we get together—the noble and learned Lord, the noble Baroness and the noble and learned Lord, Lord Hope, when he is in his new position as Convenor—and enter into these talks in the spirit that I believe the House wants us to enter them in, we will make progress. That is what I want us to do.

Motion agreed.

Food Supply: Sustainability

Baroness Stowell of Beeston Excerpts

Monday 14th September 2015 Lords Chamber

[Lord Hannay of Chiswick (CB)]

My Lords—

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, it is the turn of the Conservative Benches.

[Lord Elton]

My Lords, will my noble friend tell us what has actually gone wrong with the Rural Payments Agency system and what is being done to put it right?

--- Later in debate ---

[Lord Hannay of Chiswick]

My Lords—

[Baroness Stowell of Beeston]

My Lords, I am so sorry to interrupt but if we are doing it in turns, it is the turn of the Cross Benches.

[Lord Hannay of Chiswick]

My Lords, I wonder whether the Minister has done any studies of the effect on the strategies he describes of withdrawal from the European Union. If his department has done any, could he share them with the House? It is surely necessary that we should be in full possession of these facts.

Care: Costs Cap

Baroness Stowell of Beeston Excerpts

Monday 14th September 2015 Lords Chamber

[Baroness Brinton (LD)]

My Lords—

[The Lord Privy Seal (Baroness Stowell of Beeston)]

My Lords, we have not heard from the Liberal Democrats. It is their turn.

[Baroness Brinton]

My Lords, as questioners have illustrated to your Lordships’ House, we face a perfect storm with health and social care. There was cross-party agreement in advance of the 2010 election that the cap was vital. We have delayed discharges and local authorities facing a real crisis. Will the Government take action in the next few weeks to remedy this problem, of which the cap is an important part?

Business of the House

Baroness Stowell of Beeston Excerpts

Monday 14th September 2015 Lords Chamber

Moved by

[Baroness Stowell of Beeston]

That Standing Order 40(1) (Arrangement of the Order Paper) be dispensed with on Tuesday 13 October to enable the second reading of the European Union Referendum Bill to be taken before oral questions.

Motion agreed.

Intelligence and Security Committee of Parliament

Baroness Stowell of Beeston Excerpts

Monday 14th September 2015 Lords Chamber

Moved by

[Baroness Stowell of Beeston]

That this House approves the nomination of Lord Janvrin and the Marquess of Lothian as members of the Intelligence and Security Committee of Parliament.

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

I beg to move the Motion standing in my name on the Order Paper.

--- Later in debate ---

[Lord Harris of Haringey]

My Lords, it is because we on these Benches take the security of the nation so seriously that these points have been raised by Labour Members today.

[Baroness Stowell of Beeston]

My Lords, the noble Lord, Lord Foulkes, is right to say that until the beginning of the previous Parliament in 2010 there was only one Member of your Lordships’ House on the Intelligence and Security Committee. It was David Cameron, as Prime Minister, who thought at the start of the previous Parliament that it was right to extend that to two Members of your Lordships’ House.

When it comes to the breakdown of the ISC’s membership, it is worth me making two points to noble Lords. The first is that the ISC is not a Joint Committee of both Houses in the conventional sense; it is established by statute. It has nine places on it. As is customary, the Prime Minister consulted the Leader of the Opposition in the summer and—again, as is customary—it was the Leader of Her Majesty’s Opposition who decided how she, as acting leader, wished to allocate the three places that had been provided for the main opposition party.

[Lord Foulkes of Cumnock]

I wonder whether the noble Baroness—

[Baroness Stowell of Beeston]

Perhaps the noble Lord will allow me to finish. The Leader of the Opposition has decided who will fill the three places that will represent the Labour Party on the committee, and they will be Members of the other place.

We feel it is right to follow the custom that has been in place for a long time, whereby one Member from the governing party in this House and one Member from the independent Cross Benches are on the committee. I am very pleased that the noble Lord, Lord Janvrin, responded to the Prime Minister’s invitation and accepted his nomination, and I believe that the noble Lord, along with my noble friend Lord Lothian, will do an exceptional job representing this House on the very important Intelligence and Security Committee.

In response to the points raised about funding and accommodation, I do not have to hand information on the respective contribution that the two Houses make to funding, but I will be very happy to provide a letter in reply to that question and place it in the Library. However, I assure all noble Lords that no matter, whether it is about funding or about accommodation, has played any part whatever in the important nominations that the Prime Minister has made. I know full well that the noble Lord, Lord Janvrin, and my noble friend Lord Lothian will do an exceptional job and that they will take very seriously the responsibilities of sitting on this important committee.

Motion agreed.

Tributes: Her Majesty the Queen

Baroness Stowell of Beeston Excerpts

Wednesday 9th September 2015 Lords Chamber

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, today, Her Majesty the Queen becomes our country’s longest-reigning monarch. We join millions of people across the United Kingdom, the Commonwealth and, indeed, the rest of the world who will mark this historic moment and thank her for the extraordinary service she has given to our country for more than six decades.

Throughout her reign, her commitment to public service has been beyond question. Her sense of public duty is as steadfast today as it was when she declared, aged just 21, that she would devote her whole life to the service of her people. She continues to demonstrate that commitment every single day. That is why I think she is so highly respected by all those she serves. All of us who seek to play a part in public life can have no better example than her.

The Queen’s selfless sense of duty inspires our respect and fondness, not only in Britain but around the world. This is particularly true across the Commonwealth —an institution which owes much of its success to Her Majesty and the leadership she has provided. As a diplomat and an ambassador for Britain, it is hard to overstate what she has done for our country. It is testament to all that she has done that, throughout the world, she is not just a queen—she is the Queen.

We should perhaps pause for a moment to reflect on the truly remarkable scale of Her Majesty’s service during her reign. In 63 years and 217 days, she has worked with 12 Prime Ministers, six Archbishops of Canterbury and nine Cabinet Secretaries. She has represented us on 265 official visits to 116 different countries, answered 3.5 million pieces of correspondence, sent over 100,000 telegrams to centenarians across the Commonwealth and has met more people than any other monarch in our history.

Her Majesty exemplifies the unique combination of tradition and progress that has come to define us as a nation. The United Kingdom in 2015 is a world apart from that of 1952, yet she has kept in touch with our national life throughout her reign. She has provided a rock of stability and an enduring focal point for all her people. But, at the same time, one of her greatest qualities is that she has continued to adapt, evolve and change the role of the monarchy, while always retaining the values of the institution—decency, honesty, humility and honour, which we all cherish.

The Queen has a remarkable gift for making everyone who has a chance to see her up close feel special, never mind those of us who have been privileged enough to meet her. I still remember standing with my parents among the crowds in Beeston in 1977, during the Silver Jubilee year, to wave as Her Majesty’s car went by. Therefore, I was particularly honoured to be able to introduce my parents to Her Majesty at a royal garden party this summer. Like everyone else who has shared this privilege, meeting the Queen will remain with me until the end of my life.

Finally, as we mark this milestone, Her Majesty would no doubt want us to pay particular tribute to the service and support of her whole family, not least His Royal Highness the Duke of Edinburgh, who has stood by her side every day of her reign. It is a privilege to lead these tributes in our House. Her Majesty has served our country with unerring grace, dignity and decency. Long may she continue to do so.

House of Lords: Membership

Baroness Stowell of Beeston Excerpts

Monday 7th September 2015 Lords Chamber

[Lord Rennard]

To ask Her Majesty’s Government what plans they have to limit the size of the membership of the House of Lords.

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, our manifesto recognised that the House cannot keep growing indefinitely, but we must refresh our expertise and experience. My first priority is promoting the purpose of the House and enhancing our accountability to inform our individual responsibility as Members. I also intend to make every effort to build cross-party support in finding the right solution to addressing the size of the House.

[Lord Rennard (LD)]

Does the Leader of House agree that there should be a moratorium on further appointments to this House until sensible measures are agreed to reduce its size and that seeking consensus through a constitutional convention, involving all parties, is the best way forward for reform of this House in the long run?

[Baroness Stowell of Beeston]

I find it a little surprising that the noble Lord suggests—particularly from his Benches—that there should be a moratorium on appointments to this House. It is very important that we continue to refresh the membership of the House, and the new Peers who will be joining us over the next few weeks will add greatly to the work it does. I do not agree with the way forward proposed by the noble Lord: radical reform was tried in the last Parliament. We stood on a clear manifesto and I am now looking forward to talks with other party leaders, informed by things like the debate on this topic scheduled by my noble friend the Chief Whip for next week.

[Baroness Trumpington (Con)]

My Lords, the Question is very similar to one I already have down on the Order Paper. I am looking for brevity and accuracy. The brevity applies to the Minister as much as it does to the questioner. Can the Minister, as well as those who are asking questions, be more brief in future?

[Baroness Stowell of Beeston]

I accept the point made by my noble friend.

[Lord Reid of Cardowan (Lab)]

Does the policy which the Government outlined in the last Parliament—having membership of this House in proportion to the popular vote in the country—stand? If so, does this imply a moratorium on any particular group?

[Baroness Stowell of Beeston]

The noble Lord points to something which was in the coalition agreement. We are no longer in coalition; this is a Conservative Government and we therefore stand by what was in the Conservative manifesto. I have already made clear my view on the size of the House. The noble Lord directs an interesting point to the Liberal Democrat Benches.

[Lord Cormack (Con)]

My Lords, could not the noble Lord, Lord Rennard, and his colleagues lead by example? Believing, as they do, in proportional representation, and having just been inflated into the most unrepresentative party in this House, if he and 40 of his colleagues took retirement, under the advantages of the 2014 Act, then the problem would at least begin to be addressed.

[Baroness Stowell of Beeston]

My noble friend is using me as a channel to ask questions to the Liberal Democrat Benches. He is quite right that we are all responsible for the effectiveness of this House and making sure that that happens.

[Lord Grocott (Lab)]

My Lords, perhaps I may ask the Leader of the House to act as a channel to the Prime Minister from this House, initially to tell us whether he was accurately reported when it was implied, at least, that he felt that the political majority in the Commons should in one way or another be reflected as a political majority in the Lords. If that is the case, will she ask him to reflect on the fact that in 1997 when the Labour Party had a majority of some 170 in the House of Commons, it was in a significant minority in the Lords; ditto in 2001 after the 2001 election; and ditto after the 2005 election? It was not until 2006 that the Labour Party became the biggest single group in the House of Lords, which was quickly reversed of course by the coalition after 2010? Will she at least make sure that the Prime Minister is aware of those facts?

[Baroness Stowell of Beeston]

I can certainly reassure the House that the Prime Minister is not seeking in any way to make a government majority in this House. We recognise that the importance of this House is that it holds the Government to account and that the party in government should not be in a majority. The House should also understand that, even after the introduction of the new Peers announced the week before last, the Government still face a combined opposition of 80 Peers, which is twice the size faced by the last Labour Government when they were in power.

[Lord Forsyth of Drumlean (Con)]

Will my noble friend clarify the position in respect of the appointments of new Peers who are also special advisers to the Government and, in particular, whether it is correct that they will be appointed to this place but not able to speak? That surely would make a nonsense of the importance of the role played by Peers on both sides of the House.

[Baroness Stowell of Beeston]

There is a convention that if a new Peer is a special adviser, they will be able to participate in the Division Lobbies but not contribute to debates. We do not necessarily know what decisions those individual special advisers will make as far as when they will make changes that will allow them to make a contribution, such as the most recent special adviser to join your Lordships’ House, my noble friend Lady Helic, who I am sure all noble Lords will feel has been a very welcome addition to our ranks.

[Lord Tyler (LD)]

My Lords, given that there are now many more people who favour the total abolition of your Lordships’ House than support its retention on an appointments basis, do the Government recognise just what a dangerous game they are playing by resisting all serious democratic reform? Do the Government also recognise that the previous Government succeeded in getting a Bill through Second Reading in the House of Commons with a very large majority? Does the Leader of the House think that the Prime Minister, who says that he regrets the lack of progress of that Bill, has the guts now to reintroduce it?

[Baroness Stowell of Beeston]

The noble Lord and I had exchanges on this matter only recently just before the Recess, when I reminded him that the Bill to which he refers did not succeed in leaving the House of Commons. In our manifesto, we made it clear that that is not a priority for this Parliament. We see it as a priority to address the size of the House, and that is where we will focus our energies

[Baroness Smith of Basildon (Lab)]

My Lords, the noble Baroness will have heard the views expressed from across your Lordships’ House about size. I have to say that it is not enough to suggest, as she did in her recent article, that Peers should turn up less often. If we are effectively to address this matter, which we believe we should, it cannot be against a backdrop of more and more appointments. This Prime Minister has appointed more Peers per year than any other Prime Minister, with a greater proportion of Peers to the government Benches and fewer Opposition and Cross-Bench Peers. What discussions has the noble Baroness had with the Prime Minister on this issue? Did they discuss the constitutional convention? Does he recognise that if meaningful change is to be made, he cannot continue with the scale and number of his appointments?

[Baroness Stowell of Beeston]

The noble Baroness knows my party’s position on a constitutional convention. We do not feel that that is a priority at this time. For me, as Leader of the House, it is important that we are an effective Chamber and that we make a very important contribution to the legislative process. It is right to focus on attendance rather than absolute numbers because the average rate of attendance is under 500. As effective Peers, we make our contributions when our experience and expertise are relevant to the matter at hand.

Chairman of Committees

Baroness Stowell of Beeston Excerpts

Monday 7th September 2015 Lords Chamber

Moved by

[Baroness Stowell of Beeston]

That Lord Laming be appointed to take the Chair in all Committees for the remainder of this Session.

Motion agreed.

Syria: Refugees and Counterterrorism

Baroness Stowell of Beeston Excerpts

Monday 7th September 2015 Lords Chamber

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, with the leave of the House, I will now repeat a Statement made by my right honourable friend the Prime Minister in another place. The Statement is as follows.

“Mr Speaker, before making a Statement on counterterrorism, let me update the House about what we are doing to help address the migration crisis in Europe and, in particular, to help the thousands of refugees who are fleeing from Syria. This issue is clearly the biggest challenge facing countries across Europe today.

More than 300,000 people have crossed the Mediterranean to Europe so far this year. These people came from different countries and different circumstances. Some are economic migrants in search of a better life in Europe; many are refugees fleeing conflict. It is vital to distinguish between the two.

In recent weeks we have seen a vast increase in the numbers arriving across the eastern Mediterranean from Turkey. More than 150,000 have attempted that route since January. The majority of these are Syrian refugees fleeing the terror of Assad and ISIL, which has seen more than 11 million people driven from their homes.

The whole country has been deeply moved by the heart-breaking images we have seen over the past few days. It is absolutely right that Britain should fulfil its moral responsibility to help those refugees, just as we have done proudly throughout our history. However, in doing so we must use our head and our heart by pursuing a comprehensive approach that tackles the causes of the problem as well as the consequences. That means helping to stabilise countries where the refugees are coming from, seeking a solution to the crisis in Syria, pushing for the formation of a new unity government in Libya, busting the criminal gangs that are profiting from this human tragedy and playing our part in saving lives in the Mediterranean, where our Royal Navy has now rescued over 6,700 people.

Britain is doing, and will continue to do, all these things. We are using our aid budget to alleviate poverty and suffering in the countries where these people are coming from. We are the only major country in the world that has kept its promise to spend 0.7% of GDP on aid. We are already the second largest bilateral donor of aid to the Syrian conflict, including providing more than 18 million food rations, giving 1.6 million people access to clean water and providing education to a quarter of a million children. Last week we announced a further £100 million, taking our total contribution to more than £1 billion. That is the UK’s largest ever response to a humanitarian crisis. Some £60 million of this additional funding will go to help Syrians still in Syria. The rest will go to neighbouring countries—Turkey, Jordan and Lebanon—where Syrian refugees now account for one quarter of the population. More than half of this new funding will support children, with a particular priority given to those who have been orphaned or separated from their families.

No other European country has come close to this level of support. Without Britain’s aid to these camps, the numbers attempting the dangerous journey to Europe would be very much higher. As my right honourable friend the Chancellor said yesterday, we will now go much further in the spending review, significantly reshaping the way we use our aid budget to serve our national interest. We will invest even more in tackling the causes of the crisis in the Middle East and north Africa and we will hold much larger sums in reserve to respond to acute humanitarian crises as they happen.

Turning to the question of refugees, Britain already works with the UN to deliver resettlement programmes and we will accept thousands more under these existing schemes. We have already provided sanctuary to more than 5,000 Syrians in Britain and have introduced a specific resettlement scheme, alongside those we already have, to help those Syrian refugees particularly at risk. However, given the scale of the crisis and the suffering of the Syrian people, it is right that we should do even more. So we are proposing that Britain should resettle up to 20,000 Syrian refugees over the rest of this Parliament. In doing so, we will continue to show the world that this is a country of extraordinary compassion, always standing up for our values and helping those in need.

So, Britain will play its part alongside our other European partners. However, because we are not part of the EU’s borderless Schengen agreement or its relocation initiative, Britain is able to decide its own approach. So we will continue our approach of taking refugees from the camps and from elsewhere in Turkey, Jordan and Lebanon. This provides refugees with a more direct, safer route to the United Kingdom, rather than risking the hazardous journey to Europe which has, tragically, cost so many lives. We will continue to use the established UNHCR process for identifying and resettling refugees and when they arrive here we will grant them a five-year humanitarian protection visa. We will significantly expand the criteria we use for our existing Syrian Vulnerable Persons Relocation Scheme. As we do so, we will recognise that children have been particularly badly affected by the crisis in Syria.

In most cases the interests of children are best met in the region, where they can remain close to surviving family members. In cases where the advice of the UNHCR is that their needs should be met by resettlement in the UK, we will ensure that vulnerable children, including orphans, will be a priority. Over recent days we have seen councils and our devolved Administrations coming forward to express their willingness to do more to take Syrian refugees. This has reflected a wider generosity from families and communities across our country. I commend, in particular, the Archbishop of Canterbury for the offer made by the Church of England. My right honourable friends the Home Secretary and the Communities Secretary will now work intensively with local authorities and the devolved Administrations to put in place the necessary arrangements to house and support the refugees that we resettle. The Home Secretary will update the House on these plans next week.

Finally for this part of the Statement, in full accordance with internationally agreed rules we will also ensure that the full cost of supporting thousands of Syrian refugees in the UK will be met through our aid spending for the first year, easing the burden on local communities. This will be a truly national effort, and I know the whole House will come together in supporting these refugees in their hour of need.

Turning to our national security, I would like to update the House on action taken this summer to protect our country from a terrorist attack. With the rise of ISIL, we know that the terrorist threats to our country are growing. In 2014 there were 15 ISIL-related attacks around the world. This year there have already been 150 such attacks, including the appalling tragedies in Tunisia in which 31 Britons lost their lives. I can tell the House that our police and security services have stopped at least six different attempts to attack the UK in the last 12 months alone.

The threat picture facing Britain in terms of Islamist extremist violence is more acute today than ever before. In stepping up our response to meet this threat we have developed a comprehensive counterterrorism strategy that seeks to prevent and disrupt plots against this country at every stage. It includes new powers to stop suspects travelling and powers to enable our police and our security services to apply for stronger locational constraints on those in the UK who pose a risk. It addresses the root cause of the threat—the poisonous ideology of Islamist extremism—by taking on all forms of extremism, not just violent extremism. We have pursued Islamist terrorists through the courts and criminal justice system. Since 2010, over 800 people have been arrested and over 140 successfully prosecuted. Our approach includes acting overseas to tackle the threat at source, with British aircraft delivering nearly 300 air strikes over Iraq, and our airborne intelligence and surveillance assets assisting our coalition partners with their operations over Syria.

As part of this counterterrorism strategy, as I have said before, if there is a direct threat to British people and we are able to stop it by taking immediate action, as Prime Minister I will always be prepared to take that action. That is the case whether that threat is emanating from Libya, Syria or anywhere else. In recent weeks it has been reported that two ISIL fighters of British nationality who had been plotting attacks against the UK and other countries have been killed in air strikes. Both Junaid Hussain and Reyaad Khan were British nationals based in Syria who were involved in actively recruiting ISIL sympathisers and seeking to orchestrate specific and barbaric attacks against the West, including directing a number of planned terrorist attacks right here in Britain, such as plots to attack high-profile public commemorations, including those taking place this summer. We should be under no illusion. Their intention was the murder of British citizens. So on this occasion we ourselves took action.

Today I can inform the House that in an act of self-defence and after meticulous planning Reyaad Khan was killed in a precision strike carried out on 21 August by an RAF remotely piloted aircraft while he was travelling in a vehicle in the area of Raqqa in Syria. In addition to Reyaad Khan, who was the target of the strike, two ISIL associates were also killed, one of whom, Ruhul Amin, has been identified as a UK national. They were ISIL fighters, and I can confirm there were no civilian casualties.

We took this action because there was no alternative. In this area, there is no Government we can work with. We have no military on the ground to detain those preparing plots, and there was nothing to suggest that Reyaad Khan would ever leave Syria or desist from his desire to murder us at home. So we had no way of preventing his planned attacks on our country without taking direct action. The US Administration have also confirmed that Junaid Hussain was killed in an American air strike on 24 August in Raqqa. With these issues of national security and with current prosecutions ongoing, the House will appreciate that there are limits on the details I can provide. However, let me set out for the House the legal basis for the action we took, the processes we followed, and the implications of this action for our wider strategy in countering the threat of ISIL.

First, I am clear that the action we took was entirely lawful. The Attorney-General was consulted and was clear that there would be a clear, legal basis for action in international law. We were exercising the UK’s inherent right to self-defence. There was clear evidence of the individual in question planning and directing armed attacks against the UK. These were part of a series of actual and foiled attempts to attack the UK and our allies. In the prevailing circumstances in Syria, this air strike was the only feasible means of effectively disrupting the attacks planned and directed by this individual. It was necessary and proportionate for the individual self-defence of the UK. The United Nations Charter requires members to inform the president of the Security Council of activity conducted in self-defence. Today the UK Permanent Representative to the United Nations will write to the president of the Security Council reporting this specific military activity in Syria and explaining that this action was taken in the individual self-defence of the United Kingdom.

Turning to the process, as I said to the House in September last year,

“it is important to reserve the right that if there were a critical British national interest at stake or there were the need to act to prevent a humanitarian catastrophe, you could act immediately and explain to the House of Commons afterwards”.—[Official Report, Commons, 26/9/14; col. 1265.]

Our intelligence agencies identified the direct threat to the UK from this individual. They informed me and other senior Ministers of this threat. At a meeting of the most senior members of the National Security Council, we agreed that, should the right opportunity arise, the military should take action. The Attorney-General attended the meeting and confirmed that there was a legal basis for action. On that basis, the Defence Secretary authorised the operation. The strike complied with international law and was conducted according to specific military rules of engagement, which always comply with international law and the principles of proportionality and military necessity. The military assessed the target location and chose the optimum time to minimise the risk of civilian casualties. This was a sensitive operation to prevent a very real threat to our country.

I have come to the House today to explain in detail what has happened and to answer questions about it. I want to be clear that this strike was not part of coalition military action against ISIL in Syria. It was a targeted strike to deal with a clear, credible and specific terrorist threat to our country at home. The position with regard to the wider conflict with ISIL in Syria has not changed. As the House knows, I believe that there is a strong case for the UK taking part in air strikes as part of the international coalition to target ISIL in Syria as well as Iraq. I believe that case only grows stronger with the growing number of terrorist plots being directed or inspired by ISIL’s core leadership in Raqqa, but I have been absolutely clear that the Government will return to this House for a separate vote if we propose to join coalition strikes in Syria.

My first duty as Prime Minister is to keep the British people safe. That is what I will always do. There was a terrorist directing murder on our streets and no other means to stop him. The Government do not for one moment take these decisions lightly but I am not prepared to stand here in the aftermath of a terrorist attack on our streets and have to explain to the House why I did not take the chance to prevent it, when I could have done. That is why I believe our approach is right. I commend this Statement to the House.”

My Lords, that concludes the Statement.

--- Later in debate ---

[Lord Wallace of Tankerness (LD)]

My Lords, I also thank the noble Baroness the Leader of the House for repeating the Prime Minister’s Statement on these very profound and serious issues. I also endorse what the noble Baroness the Leader of the Opposition said—we appreciate the fact that there will be an extended period for Back-Bench questions.

Probably nothing is more important than the Government’s primary responsibility of security of the realm and its citizens. The Prime Minister acknowledges that in his Statement. Clearly, we do not have the evidence, nor would it be appropriate to share that evidence publicly, and therefore we must accept the judgment of the Prime Minster in responding to perhaps one of the most serious calls that has been made on him. However, it would be interesting to know whether this is a matter that the Intelligence and Security Committee will be able to look at.

There is also reference in the Statement to the legal basis. Having worked closely as a law officer with the present Attorney-General, I know that his judgment would be made with considerable rigorous legal diligence and bringing to bear his considerable personal and professional integrity. I do not call for the publication of law officers’ advice; that is not something that, as a former officer, I would readily do. However, the noble Baroness will remember that before the House debated chemical weapon use by the Syrian regime and a possible UK government response, and before we debated last year the position on military action in Iraq against ISIL, the Government published on each occasion a statement setting out the Government’s legal position. If it is felt possible to elaborate on what was said in the Statement by a similar note, I think that we would find that very helpful.

The images of migration that we have seen on our screens and in our newspapers over recent days have certainly touched our common humanity. There has been an outpouring of the view that we must welcome refugees, and that is one that we certainly endorse. The Statement says that,

“the whole country has been deeply moved by the heart-breaking images we have seen over the past few days”.

However, will the noble Baroness the Leader of the House tell us whether any of those travelling across Europe at the moment will be accommodated in any way by what was set out in the Statement? We have heard of 20,000 refugees—said very loudly; “over five years” is probably said more sotto voce—but these are people in camps in countries bordering Syria. That is not to dismiss what is being done in that regard, and it is welcome in as far as it goes. However, what the people in this country have been crying out about are the scenes on our television screens of people walking across Europe, fleeing terror and destitution. Yet can the Minister point to one sentence in this Statement that indicates that for those people there is some glimmer of hope that the United Kingdom will be a welcome haven?

We have a common problem and it requires a common response. There are problems in the Mediterranean, on Europe’s borders and in coming across Europe and we should be promoting a common European response. The European Union system has its failings. The Dublin system is not by any stretch of the imagination perfect, but by our stand-offish stance we seem to have forfeited any real or moral authority in being able to give the lead in trying to improve or work out a more coherent European approach to this. Will the Government commit themselves to taking a more active role in co-operating with our European partners, as well as in participating in European Union efforts on relocation?

With regard to those who are coming, we welcome the steps have been taken. Many local authorities have indicated a willingness to take refugees. The Leader of the Opposition asked what would be done to bring these local authorities together, and it would be useful to know what consultations had already taken place. What consideration has been given as to whether there should be a dispersal programme or whether it is better to keep communities together for mutual support? I do not pretend that I have the answer to that, but real issues are involved. What has been done to ensure that there are interpretation services, counselling and support services for English as a second language?

We have heard about the international aid budget being used for the first year to support local authorities, but surely in a situation such as this there is something in reserve that we could use. The Statement itself refers to holding “larger sums in reserve”. Has this been taken from the overseas aid budget for future years or has a separate reserve been taken up?

The Statement says that,

“we will ensure that vulnerable children, including orphans, will be a priority”.

Just before we went into recess, there was a report about 600 young Afghans who had arrived in the United Kingdom as unaccompanied children who were deported after their 18th birthdays because their temporary leave to remain had expired. Many had already established strong roots in the communities where they were living. When we hear about the fact that we will give priority to vulnerable children including orphans, can we have some reassurance from the Government that they will not be summarily sent back after their 18th birthdays?

We will not resolve the Syrian refugee crisis unless there is a wider resolution to the Syrian problem. What steps have the Government taken to try to promote broader engagement with countries that might not at first instance appear likely to help, such as Russia and Iran, whose engagement will be necessary if we are to get a long-term lasting diplomatic settlement and tackle some of the root causes?

There is an immediate crisis on our doorstep. There are 2 million refugees in Turkey, 1.4 million in Jordan, and over 1 million in Lebanon. According to the UNHCR, there are 60 million displaced people worldwide, 46 million of whom are assisted and protected by the UNHCR. Developing countries host 86% of the world’s refugees. While we have an immediate problem, there is a much wider global problem. We have to play our part in the funding that we have given to the UNHCR but we should be trying our best to engage more countries, such as the Gulf states and the United States of America. Are we in a position to give some leadership to look to the future and tackle the global problems that will exist? We will return time and again to this issue, I suspect, because of its global nature.

The Prime Minister said earlier this week that Britain is a moral country. I believe that. I believe from what we have seen from communities and people across the country that we are a moral country, but I rather fear that this Statement falls short of a moral response.

[Baroness Stowell of Beeston]

My Lords, I am grateful to the noble Baroness and the noble and learned Lord for their responses to the Statement. I will start by responding to comments that were made about the refugee situation. I certainly agree with the noble Baroness about the contribution that refugees have made to this country over decades. I share her assessment of the positive aspects that we have gained as a country because of our approach to accepting refugees historically.

The noble Baroness asked me quite a few questions about this situation, including whether we would be starting off the new, expanded approach, which the Prime Minister announced today, by treating the matter as urgent. I can confirm that this is indeed urgent. The Prime Minister is right to say that accepting a specific number of refugees will not solve this crisis. We must make a contribution to assisting the people who have been affected so devastatingly in Syria. The country can be proud of what we have done over the last few years in assisting refugees who have been displaced there. Our approach to the numbers who arrive here will be very much informed by the UNHCR process. We will work very closely with them, as they are the experts in this area who will be able to advise on the people we should be accommodating. We will clearly be co-operating with local authorities and we have been in contact with the Local Government Association today. As my right honourable friend the Prime Minister has said, the Home Secretary and Communities Secretary will be leading a new Cabinet committee to make sure that we are co-ordinated, across government, in our proper response and in the way we support the refugees as they arrive.

The noble Baroness and the noble and learned Lord asked about how the aid budget will be used to support local authorities in their efforts to assist the refugees when they arrive, and there were questions about the use of reserves. The use of the aid budget to support refugees who are given support in the UK is compliant with the rules on the use of that budget. As to whether we would use reserves to do more in this area, the Chancellor will return to this when he looks at the spending review. It is important to stress that the aid budget will increase, in monetary terms, because our GDP is increasing. As I said in the Statement, this will be used to greatest effect where we feel we can make the most positive impact. There will be discussions with the devolved assemblies, via the committee to which I have already referred.

My right honourable friend the Prime Minister spoke today to Chancellor Merkel about what he was going to announce in Parliament and she gave her support to our measures. The British Home Secretary was one of the early voices calling for the meeting of European Justice and Home Affairs Ministers which will take place next week and will look at this matter again. I made it clear in the Statement that the UK is not a party to Schengen and that we believe our approach is the right one. In answer to the specific question from the noble and learned Lord, we do not feel it is right to offer refuge in the UK to the refugees who are currently in Europe, but we want to see greater co-ordination within Europe and the countries which operate within the Schengen agreement. We will provide and continue to provide our support to Europe in making sure that its borders are properly policed. The noble and learned Lord asked a specific question about how the rules would apply to refugees when they arrive in this country. The same rules that exist now will apply.

I am grateful to the noble and learned Lord, Lord Wallace, for his comments about the Attorney-General, his approach to his judgment and its being compliant with international law. The noble and learned Lord and the noble Baroness asked about publication of the Attorney-General’s advice. As the noble and learned Lord acknowledged, it is not our practice to publish that advice. He also asked me whether we would publish a statement on the general legal position. There is a distinction to be drawn between when we published the legal position that was informing our proposal to take military action in Syria and Iraq, and this occasion when we are informing Parliament of action that was taken to deal with a planned counterterrorism atrocity. A distinction is to be drawn there, but I certainly will look at that.

The noble Baroness asked about the person in question and what distinguished them from others who may be proposing terrible attacks in the United Kingdom. The point to emphasise is that this person was operating in a place where we had no other option as regards the action that we decided to take. We are clear that that action was legal, proportionate, legitimate and the right thing to do.

The noble Baroness and the noble and learned Lord asked about scrutiny. By making this Statement and by making himself available to answer questions today, the Prime Minister is being held to account and is subject to some scrutiny. Further scrutiny that might apply—whether that be by the Intelligence and Security Committee or the independent reviewer—is something that we would want to consider. Certainly, we accept that we have undertaken action which is new and has not happened in this way before. Therefore, it is understandable that Parliament will ask questions about the scrutiny of this action.

[Lord Ashton of Hyde (Con)]

My Lords, the noble Baroness, Lady Smith, and the noble and learned Lord, Lord Wallace, mentioned that the time limit for Back-Benchers has been extended from 20 minutes to 40 minutes. That is to allow more questions and is not an excuse to make speeches. I remind noble Lords that the Companion is very clear that,

“brief questions from all quarters of the House are allowed”,

and that a Statement,

“should not be made the occasion for an immediate debate”.

[Lord Dubs (Lab)]

My Lords, in the summer of 1939, I came to Britain by good fortune on a Kindertransport. At that time, Britain was the only country taking children who came in that way. It showed enormous generosity, which is not being equalled by what the Government have announced today. Will the Government show greater generosity, both in the number of vulnerable people this country accepts and in ensuring that those who come here are given the same welcome and wonderful opportunities that I have had?

[Baroness Stowell of Beeston]

Clearly, the noble Lord is a great example of this country’s generosity and of the great contribution that people who have arrived here as refugees can make to this country. I do not accept his description that the Government, in the actions that they have set out today and have taken over the past few years in Syria, are not equalling what they have done in the past. This country has given a huge amount and will continue to do so. The noble Lord is right to emphasise children in this context but it is also right for me to remind the House, and to refer to the comments I made in the Statement, that we will be led very much by advice from the UNHCR. It would argue that in many cases it is not always the right course of action to give refuge to unaccompanied children and that sometimes it is better for the children to remain in the countries in which they are being looked after, rather than being given refuge somewhere else. We will be driven by the experts in this matter.

[Baroness Chalker of Wallasey (Con)]

Will my noble friend draw the Secretary of State for International Development’s attention to the bad conditions, through no fault of the Kurdish people, for those Iraqis who have taken refuge in the Kurdish area of Iraq? They are potentially a further stream of refugees. The conditions in the camps are one of the reasons that so many people have set out to take perilous journeys and cause the great difficulties we have within Europe at present. While I welcome the Statement, it is not enough to look just at what has happened in Syria and the camps that have taken Syrians. We have to look at the whole area. There is certainly capacity to disrupt those camps, which causes other people to flee.

[Baroness Stowell of Beeston]

I am grateful to my noble friend and I know how much she does to support refugees. She is very experienced in international aid and assistance. While Syria is the priority, we do not give refuge just to Syrians. There are refuge programmes, of which this country is proud, which ensure that others from other countries get assistance, but we are giving priority to those to whom the UNHCR says we should give priority at this time.

[Lord Wright of Richmond (CB)]

My Lords, I welcome the extent to which we are increasing our help for Syrian refugees. Is it not time, however, for us to put our considerable diplomatic weight behind serious attempts, with our European partners, to find a political solution to the Syrian crisis that might ultimately enable many of these migrants and asylum seekers to return to their homes? Should we not now accept that there can be no political solution to the Syrian civil war without the involvement of the regime in Damascus? Should we not be telling our Saudi, Gulf and Turkish allies that there are more important priorities than regime change in Damascus? Is it not time to accept that both the Russians and the Iranians can play an important part, not only in encouraging Damascus to work for a political solution but in helping the regime to confront ISIS, which has tragically occupied large swathes of Syria’s sovereign territory? Is there any logical reason why the Russians, who still enjoy a treaty of friendship with Damascus, do not have a right equal to that of the western coalition to protect their own interests in Chechnya and central Asia?

I note that the Statement describes the Syrian refugees as fleeing the terror of Assad and ISIL. We ought to consider more closely the differing objectives of our coalition allies in arming and supporting the Syrian rebels, whether it is the removal of Assad’s Government, part of a wider Sunni conflict or attempts to destroy the PKK. Is continuing our present policies seriously in our national interest?

[Baroness Stowell of Beeston]

The noble Lord has covered a lot of ground in that contribution. Briefly, I would say that he is, of course, right that there has to be a political solution to the crisis in Syria. We agree that that requires the involvement of many, many actors in that region and other powerful regions around the world. I do not agree with his assessment of Assad. As he may recall from my responses to questions on previous Statements before the Recess, the UK is in dialogue with the Russians in order for them to use what influence they have over Assad, but we are very clear that the way in which we progress will not be one in which we are willing to work with Assad.

[Lord Ashdown of Norton-sub-Hamdon (LD)]

My Lords, I wonder whether the Minister realises what a discreditable attempt at press management it is to bring these two Statements together to us this afternoon. On the question of refugees, may I ask her to confirm what I think she said a moment ago—that any child or orphan brought in under this scheme will, as is the case under present legislation, be deported at the age of 18? That is what she seemed to say. Is that correct? And can she please explain the logic whereby the Government say that they will help refugees who are already housed and secure, and already being fed, in refugee camps outside Europe, but will do nothing for refugees who are desperate, and in some cases dying, for want of those things inside Europe? Is the difficult thing, which the Government cannot say, the words “inside Europe”?

[Baroness Stowell of Beeston]

I am not going to dignify the noble Lord’s comments about press management with a response. In response to the specific questions he asked, the point I was trying to make about the way in which we will support refugees who come to us who are children is that there is a clear legal framework that applies when people arrive here as refugees, which includes, after so many years, people being entitled to residency in the United Kingdom. I am not suggesting that there is a new set of rules, or a change to existing rules, because of this expanded refugee programme at this time. As for those seeking refuge who have already arrived in Europe, I agree with the noble Lord that we have seen harrowing evidence of suffering not just over the last few days but over the last few weeks, but we are very clear in our mind as a Government that the best policy is the one that we are pursuing: to support people in Syria and to offer refuge to those in the camps in the countries on the borders of Syria, in order to prevent more people risking their lives by crossing the Mediterranean to seek refuge. We really believe that that is the right way forward.

[The Archbishop of Canterbury]

I warmly welcome this start in the response of domestic hospitality, which comes in addition to the very considerable work that we have done overseas through the overseas aid budget and the work of the Royal Navy. It is on that basis that, challenged by this, the churches, starting this morning, are working urgently to add to what they have already been doing locally, and to work together to achieve and support a coherent, compassionate and credible public policy. I have spoken today to Cardinal Nichols about this. Does the Minister accept, however, that 20,000 is still a very slim response in comparison both to the figures given by the UNHCR and the European Commission, and to the other needs we see, and that it is likely to have to rise over the next five years, unless of course the driver, which I hope she accepts is local conditions in the camps, is dealt with significantly? Does she also accept that within the camps there is significant intimidation and radicalisation, and that many of the Christian population, in particular, who have been forced to flee, are unable to be in the camps? What is the Government’s policy about reaching out to those who are not actually in the camps? Finally, does she accept that, regardless of membership of Schengen, a problem on this scale can only morally and credibly be dealt with by widespread European collaboration?

[Baroness Stowell of Beeston]

I am very grateful to the most reverend Primate for being here today and contributing on this Statement, and for his leadership, and that of other faith leaders, over the last few days and the recent period while we have been observing such terrible scenes. He raises some important points. He described our response as a slim one; he will not be surprised that I do not accept that definition. As I have said, we do not believe that this is just about providing refuge to individuals here in the United Kingdom; we must support people who are in and around Syria and are very much in need, and we have been doing that in a substantial way. No other European country has contributed as we have over the last few years, and I really believe that we should be proud of what we have done to support people in that part of the world. We want to continue doing so, and we are targeting our aid in that area—using the increase, in monetary terms, in the aid budget because of the rise in GDP—so that we can ensure that, as the most reverend Primate highlights, local conditions in the camps are addressed. As for the Christians being among those who are most in need because they are not receiving the support that others are, this is something for us to discuss with the UNHCR. It is important that when the UNHCR considers the criteria for those who are most vulnerable, those should include Christians who are not receiving the kind of support that others may receive.

[Lord Anderson of Swansea (Lab)]

My Lords, since the Prime Minister’s harder line last week, we have seen the tragic photographs of that drowned little boy. Recalling that his family fled from Syria to Turkey and were trying to get to Greece rather than go into a camp, will the Minister confirm that that family would not have been helped in any way by this Statement? Secondly, does the status of the five-year humanitarian protection visa mean that people would be in danger of being deported at the end of the five years, if conditions were to change? Does that accord with our obligations under the refugee convention? What is the legal advice on that? Finally, I want to ask about the letter to the President of the UN Security Council that is said to justify action in respect of a named individual. Does that letter just give a bare assertion that this man was planning action, or has planned action, against the UK, or was evidence supplied that came from our intelligence services? Clearly it would be wrong for this House to ask for the evidence, but surely there must be some evidence, rather than a bare assertion, if we are to convince the UN Security Council that we are acting in accordance with proper legal principles.

[Baroness Stowell of Beeston]

I will have to come back to the noble Lord on his last question about the letter to the UN. I am not clear about the specific terms in which a sovereign nation has to inform the United Nations and the detail it is necessary to set out. However, I am confident that we will have complied with the necessary requirements in informing the United Nations. As the noble Lord acknowledges, it is not possible for me to go into the detail of the evidence as that would compromise our security procedures. On his questions about our existing arrangements for refugees, as I am not familiar with the detail of how refugees are supported when they come to the United Kingdom in terms of their status, residency and so on, and as this question has been raised a couple of times, I will place a letter in the Library outlining the situation. However, I reassure the House that the existing arrangements will continue to apply. I am happy to outline that in a letter.

[Lord Blencathra (Con)]

My Lords, has my noble friend seen the reports that ISIL boasts that it will infiltrate thousands of jihadists into the tens of thousands of refugees leaving Syria? Will she therefore give a cast-iron guarantee that we will concentrate our priorities on women, children and the vulnerable, and that they will all be thoroughly screened before coming to this country? Will she therefore treat with extreme caution demands that we take some of the fit and well-fed young men we saw fighting Hungarian police, because it seems to me that, if they are willing to do that, they might not be the best fighters for British values?

[Baroness Stowell of Beeston]

My noble friend makes an important point. One of the reasons why we believe that the policy we have adopted of giving refuge to people via a resettlement programme that includes a very thorough screening process by the UNHCR is the right one is that it offers us a much better assurance that we do not risk people coming to this country to attack us. We cannot have the same assurances in respect of those fleeing Syria who have been accepted through routes adopted by others in the European Union.

[Baroness Symons of Vernham Dean (Lab)]

My Lords, I welcome the Statement’s explicit commitment—

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[Lord Kerr of Kinlochard]

The Statement is a Statement, is a Statement, and the Leader has my support and sympathy. There are many things in the Statement with which I agree. However, I am puzzled by what it does not say. In particular, I am puzzled by the noble Baroness’s answers to the question asked by the noble and learned Lord, Lord Wallace, and the noble Lords, Lord Ashdown, Lord Dubs and Lord Anderson. We are saying that we will not help one of the 366,000 people who are now in continental Europe and that had the little boy on the beach at Bodrum lived, he would have been no concern of ours. Unlike our friends in Dublin, who are not bound by Schengen any more than we are but are voluntarily taking some of these tragic refugees, we are saying that we will take not one of them, however awful their case, and that is what we will say at the European Union meeting this week. Are we sure that reflects the spirit of the country? Are we sure that is in the national interest? Are we sure that a little magnanimity might not come in handy?

[Baroness Stowell of Beeston]

My Lords, I am clear that we as a nation have decided that the best way of supporting—

[Noble Lords]

The Government have—

[Baroness Stowell of Beeston]

If your Lordships prefer, I will say “Government”. This democratically elected Government have decided that this country will support those in need through the approach that I have outlined. Indeed, that has been our policy for a considerable time. We have given refuge to 5,000 people from Syria since the crisis started. Alongside the refuge that we are offering, we have made a huge contribution to support those people affected by this crisis in the region. That is not something that can be said about all the other member states in the European Union. We think that our approach is the right one for the refugees, and the right one in the long-term interests of achieving stability in that area and supporting people in need.

[Lord Wallace of Saltaire (LD)]

My Lords, I regret deeply the absence of any reference in the Statement by the Government to co-operation with other countries. At least in July before we rose, the Prime Minister’s Statement referred to the need for Britain to operate within a broad international coalition. Does not the noble Baroness accept that this is a common problem that we share above all with our neighbours on the European continent and that there has to be common action, particularly European action? Does she not accept, for example, that what is happening in Calais, which directly affects us, is part of this same movement of peoples across Europe; that we depend on co-operation with the French and others in this respect; and that co-operation, not unilateral action by Britain alone, is where we have to take things forward from here?

[Baroness Stowell of Beeston]

The noble Lord makes a good point about Calais. Clearly, we have co-operated with the French over the summer to address the situation that worsened earlier in the summer. The Home Secretary was one of the Home Affairs and Justice Ministers who called for the meeting that will take place next week because we think it right that Europe should co-operate more. However, those within the Schengen agreement are not operating in a co-ordinated, coherent way. We want to support them but we are very clear that we do not believe it is in the best interests of this country or those who are most in need to join the action that has been taken by other member states. We are co-operating all the time with our partners in Europe by helping them strengthen their operations on the borders and trying to provide them with the expertise they need. However, in the end they have decided that they want to pursue the course they are following. We believe that by pursuing that course they are increasing the flow of refugees from Syria and that is putting people’s lives at risk unnecessarily. We think that a much better approach is the one we are pursuing, which is to provide refuge but to do so for people from the camps directly.

[Baroness Kennedy of The Shaws (Lab)]

My Lords—

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[Lord Davies of Stamford]

Is it not very unfortunate that the impression should be given that it is a PR agenda rather than a matter of principle or even a long-term analysis of national interest on which the Government’s decisions in this area have been based?

[Baroness Stowell of Beeston]

As regards the noble Lord’s request for a debate, my noble friend the Chief Whip has already scheduled time for a debate on the humanitarian situation. That is scheduled for a week on Wednesday. Regarding the other points made by the noble Lord, I can only repeat what I said before. This is a policy that the Government have adopted over the last few years. We believe that the contribution we are making to support people in and around that region is significant. It is much greater than any other European country. As far as expanding the refugee programme, the policy remains the same; we are simply expanding it because we see an increased need at this time.

[Lord Higgins (Con)]

My Lords, it is very important that migrants in danger of drowning in the Mediterranean should be rescued. However, at present after being rescued they are then disembarked in the European Union, thereby adding to the number of people coming across the borders. Does my noble friend agree that it is not really compatible with our policy that we should continue to do that, because at the moment the traffickers are able to say, “Don’t worry if the boats look unseaworthy. You’ll be rescued by the navy and taken to your destination anyway”? Therefore, they are encouraged even more to take the risk. More broadly, do we not have a definite interest in the Schengen agreement, which results in the situation in Calais, as has been pointed out? Should we not take a much stronger line in persuading our European partners that they ought—at any rate on a temporary basis—to suspend Schengen because it is not compatible with having external borders that are clearly not effective?

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[Baroness Stowell of Beeston]

My noble friend remarked on those crossing the Mediterranean. I think we were right to provide assistance via the Royal Navy to those who require rescue from the crossings. However, he raised an important point that I do not think I have yet addressed in response. There are criminals involved in taking advantage of these very vulnerable and desperate people. They are making money out of people in great danger. By following our policy, we are trying to make it clear that there is another way to refuge that does not require the risk. It should also mean, therefore, that we are able to disrupt the criminal behaviour of people abusing the weakness and vulnerability of people.

On my noble friend’s point about Schengen, he is absolutely right that it is very important that the borders of the European Union are properly held and policed and that we, although we are not a member of Schengen, should do all that we can to make sure that those borders are strong. That is where we make a very strong contribution, have done for a long time, and will continue to do, because we do not think that Europe is doing all that it should in maintaining its borders.

[Baroness Symons of Vernham Dean]

My Lords—

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[Lord Green of Deddington]

My Lords, first, I warmly endorse the remarks made by the noble Lord, Lord Wright of Richmond. Both he and I are former ambassadors in Damascus. We have first-hand knowledge of that country and its regime. We have been long concerned about the Government’s policy towards Syria and we think it is time for it to be reviewed. That said, does the Minister agree that the focus of the debate has been entirely on refugees, which of course is right? However, not all migrants are refugees. We have to keep in mind that a significant number—we do not know how many and we will not know until their cases have been considered—are in fact economic migrants.

It is very important that the actions taken by Governments in Europe and in the UK do not have the unintended effect of causing a very large flow of people into the Union and this country who have no right to be here. Does the Minister therefore agree that this is exactly the wrong moment to cut the resources available to the Home Office and the Border Force to distinguish between genuine refugees and economic migrants? They should be doing the exact opposite. We have a new and major crisis on this whole front and that should be recognised in the way we address it.

[Baroness Stowell of Beeston]

The noble Lord raises an important point—that not all those arriving in Europe are refugees, and some are economic migrants. That is another reason why we believe that our policy is better than the one that others in Europe are adopting because, informed by the specific advice from the UNHCR, we are able to make sure that those to whom we give refuge are not seeking a better life for themselves for only economic reasons while not at immediate risk. Regarding the other points raised by the noble Lord, clearly it is essential that we maintain our borders and that is something that we continue to do.

[Baroness Symons of Vernham Dean]

My Lords, I would be grateful if the Minister could clarify a couple of points in the Statement. It makes the point that this country has provided sanctuary for more than 5,000 Syrians so far. It goes on to say that we will settle up to 20,000 Syrian refugees over the Parliament. Are we in total proposing to settle 25,000 or are the 5,000 already subsumed in the 20,000 mentioned later in the Statement?

The Statement also says that we will play our part,

“alongside our other European partners”,

and then goes on to say that we will decide our “own approach”. While I did not altogether welcome the tone of the point made by the noble Lord, Lord Ashdown, he does have a very strong point indeed. Surely a child who has drowned on a beach in Europe does every bit as much to excite our compassion as a child washed up on a beach outside our borders. The response of the British public in the last 10 days or so has shown that actually people are not that concerned whether we are taking people solely from the refugee camps pinpointed in the Statement. Surely it is right that if we really are demonstrating compassion we extend it to people who are suffering every bit as much in the countries of Europe of which we are a part. I hope the Minister can assure us that that point will be kept under constant review and that the Government will keep listening to what the British people say about this, because I for one do not believe that the Government have quite got the message yet.

[Baroness Stowell of Beeston]

I can confirm for the noble Baroness and the House that the 20,000 mentioned in the Statement are in addition to the 5,000 refugees that we have already given sanctuary to, so that number will not be absorbed into the 20,000. As far as her other comments are concerned, I agree that the people of this country do not draw a distinction when looking at the plight of people in desperate need. We are all moved by those in need of help and support, and by the tragic circumstances of those who have sought refuge and, on the way, have lost their own children. But alongside their not drawing a distinction between where people are coming from, at the same time, what people in this country look for—and what we as a Government are trying to do in our response to this situation—is for us to combine two simultaneous requests from the public. They are that we show our compassion by providing support for people in desperate need but do so in a way which is well organised, is actually sustainable and, in the long term, will not make matters worse; and that we have a policy that will ultimately help to bring an end to the situation causing all this desperation. I think that they look for something which is comprehensive, and that is what we are trying to deliver.

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[Baroness Bakewell of Hardington Mandeville]

My Lords, as we have already said, many local authorities up and down the country have been preparing contingency plans to assist them to make room for the refugees. Many of these local authorities have growing lists of residents who are in temporary accommodation but are nevertheless willing to help. All local authorities should be able to say how many refugees they will accept, and central government must say what it will do to make sure that the refugees get the funding needed. Will the noble Baroness say in what way the Syrian refugees are to be dispersed throughout the country and how their children are to be integrated into our schools and education system?

[Baroness Stowell of Beeston]

The discussions between central government and local government are only just starting, although there is already very much a partnership in place with those local authorities that have been giving assistance and refuge to those whom we have already helped over the last few years. I assure the noble Baroness that we will work with the local authorities and, as I say, adopt a partnership approach.

[Lord Boateng]

My Lords—

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[Lord Deben]

Does my noble friend accept that the words of the most reverend Primate the Archbishop of Canterbury, remarking upon the fact that many Christians cannot stay in the camps because of intimidation, mean that the policy of the Government, which may be logical in every way, ought to be reconsidered in such a way that we can take those refugees who have had to leave the camps and find themselves on the continent of Europe? To refuse to do that would not represent or respect what the British people want.

[Baroness Stowell of Beeston]

My noble friend heard what I said in response to the most reverend Primate and I do not really have anything to add to that. I have tried in my responses today to demonstrate that the Government are providing refuge to people in desperate need. We are building on a programme of support that has been extensive and very much at the forefront of what else is being provided by other members of the European Union. We will continue to do all that we can. I am sure we will continue to discuss this on other occasions, and I very much look forward to that.

House of Lords: Membership

Baroness Stowell of Beeston Excerpts

Tuesday 21st July 2015 Lords Chamber

[The Earl of Sandwich]

To ask Her Majesty’s Government what steps they are taking to reduce the number of Peers eligible to sit in the House of Lords.

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, our manifesto recognised the importance of addressing the size of the House. While we cannot continue to grow indefinitely, the measure most relevant in my view is the average rate of attendance. My first concern as Leader is making sure that Members attend and contribute when their expertise is needed and relevant, so that, as a House, we fulfil our purpose of giving the public confidence in what Parliament decides.

[The Earl of Sandwich (CB)]

My Lords, I thank the Leader for those remarks. She knows that there is strong feeling on this issue in and outside the House. If a cross-party group such as the one convened by the noble Lord, Lord Norton, were to come up with workable proposals, and maybe a consensus on the balance of the parties and a gradual reduction in the number of Peers in this House, would the Government give it their fullest consideration?

[Baroness Stowell of Beeston]

Because we have made it clear in our manifesto that we do not intend to pursue comprehensive reform of the House of Lords, this provides a period of stability when, alongside the priority that I have outlined which is to assist Peers in their decisions about when to attend and when to contribute, if there are other proposals that noble Lords want to put forward that are workable and where a consensus can be reached, clearly I am very interested to hear them.

[Lord Campbell-Savours (Lab)]

My Lords, the noble Lord, Lord Jopling, produced a perfectly acceptable solution. Will the Leader of the House consider that proposal? In the interim, why do we not avoid public ridicule, bite the bullet and ask the Prime Minister to freeze the size of the House by adopting a new formula: one retirement or one death equals one new appointment?

[Baroness Stowell of Beeston]

The noble Lord refers to my noble friend Lord Jopling’s proposal, which was among those debated when we debated the Motion in the name of the noble Lord, Lord Williams of Elvel, earlier this year. Many different proposals are out there. As I have said, what is important is that any of them needs to be both workable and attract a consensus. The Prime Minister, as all Prime Ministers do, has at his disposal the facility to create Peers. We ourselves need to reflect on our role here and on what measures we can take to ensure that we continue to be effective. It clearly sounds as though that is what all noble Lords want to do.

[Lord Pearson of Rannoch (UKIP)]

My Lords—

[Lord Tyler (LD)]

My Lords—

[Baroness Stowell of Beeston]

My Lords, do you want me to take control of this and answer the questions? It sounds like the House is calling for the noble Lord, Lord Pearson, first and then I am sure we will want to hear from the noble Lord, Lord Tyler.

[Lord Pearson of Rannoch]

My Lords, I am most grateful. Since the Liberal Democrats have 59 more Peers than they should have under their policy of appointing Peers in proportion with the votes cast in the previous general election, would a solution not be for, let us say, 40 of them to stand down? Instead, is there any truth in the rumour that another 11 Liberal Democrats are about to join us and would that be helpful?

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[Baroness Stowell of Beeston]

The noble Lord is persistent in pursuing his point about what action noble Lords from the Liberal Democrat Benches might take in light of the recent election result, but I am certainly not going to respond on their behalf to his request. What is really important is that we are all mindful of the result of the last election in the way we do our work in this House.

[Lord Tyler (LD)]

My Lords, does the Leader recall that the coalition Government of which she was a very distinguished member introduced a Bill to sort out this little problem back in July 2012? It had a majority in the other House of 338 at Second Reading and the support of a majority in each of the three main parties. Indeed, it would have progressed to the statute book had it not been for some silly party games of the Labour leadership with Conservative Back-Benchers. This problem would have been resolved by now.

[Baroness Stowell of Beeston]

But the Bill did not succeed in making its way out of the House of Commons. The manifesto that we stood on at the last election said that we would not seek to introduce comprehensive reform at this time, and it was on that manifesto that we won the general election.

[Lord Cormack (Con)]

My Lords—

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[Lord Cormack]

The Question came from the Cross Benches.

I am sure we appreciate the thoughtful way in which my noble friend has sought to answer these questions. I have the honour of chairing the group to which the noble Earl referred. We hope to produce a report that the House can consider later in the year. Will the Leader give an assurance that that will be taken seriously into account by the Government if it makes constructive proposals?

[Baroness Stowell of Beeston]

I say to my noble friend and the House as a whole what I have already said: we should take advantage of this period of stability. If proposals come forward that are workable and attract consensus, I am all ears and will listen very carefully to what noble Lords put forward.

[Baroness Smith of Basildon (Lab)]

The Leader will be aware of the speculation about the size of the list of new Peers. Unfair it may be, but the size of your Lordships’ House is often used to attack its effectiveness. If we continue to grow at the same rate in this Parliament as we did in the previous Parliament, by the time of the next election we could have more than 1,000 Peers.

The Leader has rejected a constitutional convention so may I seek common ground with her on two points? How do we promote the role of your Lordships’ House as an essential revising and scrutinising Chamber, and what is the impact of the ever-increasing numbers on our effectiveness? Will she agree to some honest, thoughtful consideration over the Summer Recess and come back in September with some thoughts on how to progress, and perhaps even look at having a Leader’s Group to look into this issue?

[Baroness Stowell of Beeston]

I do continue to consider these matters. However, while there was an increase in the number of Peers during the last Parliament, there was also a reduction. People have retired. When I was last in front of your Lordships answering questions on the topic, I said that 27 Peers had opted for retirement. Now we are up to 30 and I believe that, with those who are already committed to retirement, that will increase to 32. I will reflect very hard over the summer on a range of different things and will continue to listen very carefully to what proposals might come forward.