Scotland Act 1998: Section 35 Power
Baroness Stowell of Beeston Excerpts(1 year, 11 months ago)
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Lord Offord of Garvel (Con)
The noble Baroness’s well-informed comments indicate the sensitivities that we are dealing with in Scotland and the wider UK. The Bill as its stands risks creating significant complications from two different gender recognition regimes in the UK, which could allow for more of the fraudulent or bad-faith applications that we are very worried about. Adverse effects could include impacts on the operation of single-sex spaces, particularly for women and children, whether in prisons, clubs, associations or schools. There could be adverse effects on protections for equal pay and single-sex spaces.
The question was on whether the UK Government should have engaged more with the Scottish Government in the process. We set out our concerns. The Minister for Women and Equalities met the Scottish Cabinet Secretary for Social Justice before the Bill moved to stage 3 in the Scottish Parliament. In the last two to three years, the UK Government have consulted widely on the GRA. It remains the Government’s view that this legislation strikes the right balance in the protections mentioned by the noble Baroness. This was well known to the Scottish Government. All the concerns that have been raised on behalf of women’s groups and from notable folks—whether the UN special rapporteur, the independent EU expert on protection for violence against women, or the Equality and Human Rights Commission —were put to the Scottish Government, but they have continued to push ahead with this legislation.
We have not been alone in expressing concerns regarding the Bill’s impact on the Equality Act and women and girls specifically. This has been a constant issue since these proposals were first published. It is very unfortunate that those ongoing concerns were not given more weight and that the legislation was not paused to allow further discussions between the Governments.
Baroness Stowell of Beeston (Con)
Does my noble friend the Minister agree that what the noble Baroness, Lady Liddell, has ably demonstrated in referring to concerns about the fraudulent use of this provision is the importance of the Government and the Official Opposition being united in their position on the steps proposed by the Scottish Parliament, so that we can put on a united front as the United Kingdom Parliament in exposing that the Scottish Government are using something so profound and sensitive for political purposes and, if there is a difference of view on some of the substance of the matter, object to it on those grounds?
Lord Offord of Garvel (Con)
Yes, I agree with the noble Baroness. What is happening is that the boundaries of devolution are being pushed to the limit. Perhaps the architects at the time did not anticipate that we would be here on such an issue, but they put Section 35 into the Act for a reason. It was there at the start and it was voted for by the SNP. It is a means to enable devolution and allow it to work, and to allow the Scottish Parliament to act within the Scotland Act on devolved matters, but there is a requirement to examine whether they will have an impact on the rest of the United Kingdom.
When the Gender Recognition Act was passed in 2004—the former First Minister of Scotland at the time, the noble Lord, Lord McConnell, will know this—the Scottish Parliament gave legislative consent, through an LCM, to that Act, because it is a devolved matter. The reason they gave was the desirability of having a single coherent gender recognition regime applying uniformly across the UK, and we have not had any evidence of why the desirability of that has changed.
Strategic Lawsuits against Public Participation
Baroness Stowell of Beeston Excerpts(2 years ago)
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Baroness Stowell of Beeston (Con)
My Lords, I declare my interest as chair of the Communications and Digital Committee and refer the House to my recent correspondence with both the Lord Chancellor and the Solicitors Regulation Authority. I welcome my noble friend the Minister’s commitment to bring forward legislation, and I note his recognition of this matter being urgent. None the less, bringing forward any legislation is likely to take time, so what steps are the Government taking now, or could they take, to support those journalists and public bodies who are currently subject to this highly aggressive and costly legal activity, which, as we have already heard, is aided and abetted by solicitors?
Lord Stewart of Dirleton (Con)
My Lords, in answer to my noble friend’s first point, the Solicitors Regulation Authority has already acted—and acted well—by issuing warnings to firms about the practices which characterise SLAPPs. It has instigated a thematic investigation of 20 firms thought to have been participating in this activity. As for the government answer, the Government are intending to bring forward this legislation, which will bring in caps on costs and allow for the rapid dismissal of inappropriate or insubstantial claims to foster a culture of free investigation and free speech.
Queen’s Speech
Baroness Stowell of Beeston Excerpts(4 years, 11 months ago)
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Baroness Stowell of Beeston (Non-Afl)
My Lords, it is a privilege to follow the noble Lord, Lord Caine, who is recognised for his expertise and knowledge on all constitutional matters relating to Northern Ireland. I will restrict my comments about the gracious Speech to the Fixed-term Parliaments Act.
Unusually among Members of this House, I supported the then Fixed-term Parliaments Bill in 2011. As a Back-Bencher, I argued that introducing fixed-term Parliaments was one of the most tangible and meaningful moves we could make if we were serious about wanting to show the public that we were serious about putting their interests before our own. As we have heard other noble Lords argue, the change would mean the Government and Opposition facing the electorate on a predetermined date, whatever the political conditions at that time.
I supported the Bill because of the serious decline of public trust in Parliament following the expenses scandal. Indeed, looking back at my speeches during the debates at the time of the Bill’s passage, I discovered some evidence that I quoted then but had since forgotten. Populus research for the Times in 2009, at the height of the expenses scandal, showed that 74% of the public supported fixed-term Parliaments as a change to improve the political system. At that time, the only measures ranking higher among a list of 13 possible reforms were: a recall for MPs found to have broken parliamentary rules; national referendums on major constitutional issues; and local referendums on local issues where interest warranted them. That evidence is worth being reminded of, not least for the clear signs it offered, which some of us later missed or chose to ignore.
During the passage of the Fixed-term Parliaments Bill, several noble Lords argued that our political system was not broken, and I agreed. My argument was that none the less, the public did not trust us to operate the system to their advantage, so we needed to look for opportunities to change in order to show that we did. That said, I am not going to argue against the Government’s decision to repeal the Act. It has not worked and it needs to go. Sadly, the electorate cannot trust us to use it for the reasons we introduced it. However, we must learn the correct lessons from our failure. If in the future we are to introduce constitutional change and argue that it is for the benefit of democracy and the electorate—I for one am very interested to hear more about that agenda—we must be sincere both in why we are doing it and maintain our commitment to that cause in how we operate once the change is made. That is the real lesson we should take from the failure of the Fixed-term Parliaments Act and I hope that we are able to show that we have learned it.
Non-Disclosure Provisions
Baroness Stowell of Beeston Excerpts(6 years, 11 months ago)
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Baroness Stowell of Beeston
To ask Her Majesty's Government whether they intend to review the legality of non-disclosure provisions in settlement agreements.
The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, non-disclosure provisions in settlement agreements are allowed by law and can have a legitimate purpose. They cannot prevent any disclosure that is required or protected by law. The Government have committed to look at the structures around non-disclosure agreements and the evidence that is coming forward about how they are being used.
Baroness Stowell of Beeston (Con)
My Lords, I am grateful to my noble and learned friend for his commitment to look at this complex area of the law. Although he is right that there are protections for certain kinds of disclosure, we still hear about powerful individuals and institutions using non-disclosure agreements—or “gagging orders”—to cover up wrongdoing or serious management failure. I have two questions for my noble and learned friend. As part of his review into this area, could he also look at the roles and responsibility of the lawyers involved in drawing up these agreements, especially when allegations of unlawful behaviour are made? Secondly, what are the Government doing to satisfy themselves that, in the public sector, taxpayers and licence fee payers are not paying for things to be covered up which they have a right to see exposed?
Lord Keen of Elie
My Lords, the Employment Rights Act 1996 makes any non-disclosure provisions between any employer and employee unenforceable unless the employee has had independent legal advice. The position of the legal profession, to that extent, is monitored. ACAS has a statutory code and practical guidance on settlement agreements which make it clear that no settlement agreement can include clauses that attempt to prevent or restrict an individual from making a protected disclosure. That applies to the public sector as well as elsewhere.
Scotland’s Fiscal Framework
Baroness Stowell of Beeston Excerpts(8 years, 9 months ago)
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The Lord Privy Seal (Baroness Stowell of Beeston) (Con)
My Lords, it is the turn of the Cross-Benches, and then I suggest that we go to my noble friend Lady Goldie.
Baroness O'Neill of Bengarve (CB)
My Lords, is the implication of this agreement that the Barnett formula is, as it were, the acquis communautaire which provides the baseline against which fairness is judged?
Scotland Bill: Fiscal Framework
Baroness Stowell of Beeston Excerpts(8 years, 9 months ago)
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The Lord Privy Seal (Baroness Stowell of Beeston) (Con)
My Lords, I think that it is the turn of the Cross Benches.
Lord McCluskey
Can the Minister confirm that the United Kingdom Government will not agree to a deal on the fiscal framework that makes permanent the benefits to Scotland of the Barnett formula, while preserving the disbenefits of that formula to taxpayers in the rest of Great Britain?
Scotland: Fiscal Framework
Baroness Stowell of Beeston Excerpts(9 years ago)
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The Lord Privy Seal (Baroness Stowell of Beeston) (Con)
In such circumstances, we have to go with what the House is indicating, which is that it wants to hear from the Lib Dem Front Bench.
Devolution
Baroness Stowell of Beeston Excerpts(9 years, 5 months ago)
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The Lord Privy Seal (Baroness Stowell of Beeston) (Con)
This is a classic example of where the House is calling for the noble Lord, Lord Hennessy.
Lord Hennessy of Nympsfield
My Lord, given the multiple uncertainties facing the constitutional arrangements of our islands, in the Minister’s judgment, of what magnitude does a constitutional question have to be before it justifies a convention?
Baroness Stowell of Beeston
My Lords, if we are taking turns, it is actually the turn of the Conservative Benches, and the noble Lord, Lord Lang, is the chairman of the Constitution Committee.
Lord Lang of Monkton
My Lords, reflecting on the fact that the unbalanced form in which the Scottish Parliament was created was in fact the product of the deliberations of a constitutional convention, I welcome my noble friend’s caution on these matters. They may sound simple and easy to set up, but they may create many more difficulties along the line. However, I urge him to reflect on the importance of consultation: this should be carried out during a reflective period of calm when the House is not subject to a constant flow of devolutionary measures that have not been properly considered and have to be rushed through this House. A period of calm reflection is surely the best way forward.