Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2012
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Baroness Verma
That the Grand Committee do report to the House that it has considered the Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2012.
Relevant document: 3rd Report from the Joint Committee on Statutory Instruments.
Baroness Verma
The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2012 amend the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007, which I will refer to as “the 2007 regulations”, to provide for a revised set of statutory forms and notices to be used by returning officers for the conduct of mayoral elections in England and Wales. The updated forms and notices reflect the Government’s commitment to improving the quality and design of voter-facing materials, with the aim of assisting voters to effectively engage and avoid errors in the completion and casting of their ballots.
The key reason for making the changes now is to ensure that the forms and notices for mayoral elections are consistent with the ones that the Home Office developed for the first elections for police and crime commissioners that will take place on 15 November this year. The voter-facing forms and notices that the Home Office has developed and user-tested for use at these new elections are different in design and content from the forms and notices specified in legislation governing the conduct of other elections, and are intended to be clearer and more accessible to voters.
As a mayoral election is scheduled to be combined with a PCC election in Bristol on 15 November, these regulations will amend the 2007 regulations to ensure that the forms and notices are consistent with those set out in the draft Police and Crime Commissioner Elections Order 2012, which was debated in another place on 26 June. The need for consistency is particularly important here, due to both mayoral and PCC elections being run under the same supplementary vote system.
The Committee may be interested to know that, in common with other legislation governing the conduct of elections, two sets of forms and notices are prescribed in the 2007 regulations: one set to be used when a poll at a mayoral election is taken alone and another to be used when a mayoral election is taken in combination with another poll. Schedule 1 of the regulations before us contains new forms and notices for stand-alone mayoral elections, and Schedule 3 deals with the materials that should be used when a mayoral election is combined with a police and crime commissioner election.
The changes that we have made to the election materials for the mayoral elections are supported by and consistent with recommendations that have been made by the Electoral Commission, the Association of Electoral Administrators and Scope. Further, we acknowledge the work undertaken by the commission in producing and undertaking valuable user testing on the statutory voter-facing material for last year’s referendum on the voting system, and we believe that it is important to keep up the momentum in improving standards in this area.
The first steps that we have taken to achieve this have been to develop the electoral materials for the PCC elections and to revise the forms and notices for mayoral elections. We will continue this work by looking at the statutory voter-facing material in respect of other scheduled elections and will continue to work with the Electoral Commission, electoral administrators and other stakeholders, such as those representing disabled people, in taking this work forward.
While the main purpose of the regulations is to amend the mayoral forms, we have taken the opportunity to rectify textual errors which have been identified in the 2007 regulations. Rule 5(3) of Schedule 1 and Rule 5(3) of Schedule 3 to the 2007 regulations are concerned with the deadlines for applications to vote by post and proxy which must be included in the published notice of election. Currently these rules make reference to the returning officer when voting registration is, of course, a matter for the registration officer, so we are amending these rules accordingly.
In conclusion, these regulations represent a small but none the less important step in improving the experience of the elector by providing for forms and notices that are up-to-date, clear and easier to use than those prescribed in current legislation. I commend the draft regulations to the Committee.
Baroness Hayter of Kentish Town
I thank the Minister for introducing this draft statutory instrument. Of course, these forms are essentially just for the lucky people of Bristol who on 15 November will have the chance to make themselves more like a US town with a vote for the head of the police and the local town sheriff—sorry, mayor. And apologies to the city of Bristol—and it is the city of Bristol, which I fondly remember from my schooldays there at Downend Infants. However, it will be a first in our country, with an elected mayor and a police commissioner—who we must hope will get on rather better than some other cases closer to my current home—to be selected by the good citizens of Bristol on the same day. Our rather strange UK set-up means that the mayoral elections are the purview of one department, the DCLG, and the police commissioners of another, the Home Office, with the Minister’s department holding the ring and seeking to ensure some consistency. We are delighted that she and her colleagues have done as well as they have in producing this statutory instrument, but I have a few questions and a couple of comments.
First, I note that Scope and the electoral administration officers have quite rightly been consulted and involved in the design of the forms but there is no mention of political parties. Given their extraordinary experience and expertise in this area, why have they not been asked for any input? Like other party activists, I have helped umpteen people fill in forms for proxy and postal voting, guided people into polling stations and chatted endlessly, especially on quiet election days that I rather fear 15 November will be, to both voters and fellow tellers from the other parties about the whole business of voting. As I am sure she knows it is the one day we all get on well together. It seems a real shame if none of us—as the real activists who know the use of these forms really well—has been involved. I am sure that some of these people would have commented on the contrast between the extremely clear ballot papers on pages 3 and 4 and excellent directions for the guidance of voters on page 11 and the horribly confusing postal voting statement on page 8, to say nothing of the type size—which is too small for my 62 year-old eyes, so I am sure that it will beat those of an 82 year-old. So my question is: are party activists and agents at all involved in the design process?
Secondly, why are there two such different systems for getting candidate information out to voters when the aim appears to be, particularly in Bristol, to make this one seamless election day? Information on the police chief candidates will be on the web but information on the mayoral candidates will be in leaflets distributed to the electorate. Does this reflect the Government's lack of interest in the election of police commissioners or their lack of concern about those without access to the internet? Even if people have access to the internet, they often do not have access to a printer to be able to print off such documents to look at them at home or with colleagues or family. For the very first of these elections in particular, have the Government so little interest in ensuring real community engagement? The issue was of such importance to the coalition that it three-line whipped it through Parliament. Given the importance of policing to the elderly, the disadvantaged and the young, is this really the best way of promoting interest?
Thirdly, as well as being a new voting system, it is an election for two new posts. Is the Minister confident that everyone eligible to vote will both know about the elections and what the two new postholders will do and be clear about the choices that will face them as they enter the polling booth?
Those are my three questions. I turn to my comments, to which the Minister may not wish to respond. First, I wonder whether the case for a threshold in these elections should be considered. What if turnout for the police commissioner elections was only 8%, or that for a mayoral election was as low? Is there a level at which the Government should ask whether this is really more representative and accountable than what went before? Secondly—the Minister will be used to my counting by now—I assume that the Minister’s department has now stood down its work on equivalent forms for the election of Senators in May 2015.
Baroness Verma
My Lords, I thank the noble Baroness, Lady Hayter, for her words in support of the regulations. Like her, I have spent many elections as a teller and in weathers of all sorts. Perhaps I may first put her mind at ease on the question of information on PCC elections being available only on the web. I reassure her that such information will be available and not only on the web. Voters will be able to access hard copies if they so wish by calling a freephone number. People who find using internet services difficult will be able to utilise that.
The noble Baroness asked why booklets would be available for mayoral elections. PCC elections will be nationwide, whereas, in this instance, the mayoral election will be in only one place. The Electoral Commission will make sure that an effective campaign is conducted so that voters are fully informed about elections in their areas.
The noble Baroness raised quite a complex issue in relation to postal voting. If she will allow, I would rather take that question away and perhaps give her a more in-depth response in due course. A number of questions will need to be asked of postal voters which are perhaps better set out in a written response.
The noble Baroness asked about turnout. Of the 1 million people who responded in referendums on mayoral elections, nearly 430,000 said that they wanted a mayor. On the basis of those numbers, I think that there is an appetite. If the people of Bristol have decided that they want a mayor, it is likely that they will turn out to vote. The reason for making the ballot papers similar is to remove confusion, because it will be the first time that supplementary voting takes place. As a Government we have tried to make this task as easy as we can—I know that the noble Baroness accepts and acknowledges that—to ensure that the voter has the information at hand.
The noble Baroness asked about the consultation with political parties. We consulted actively with the Electoral Commission and others on voter-facing forms. I suspect that that would have been undertaken across a lot of people although not aimed specifically at political parties. We note the value of that for the future, in the light of the comment made in the Chamber earlier. Of course it does not prevent us looking at how these elections fulfil the obligations to ensure that we have greater participation by the voter, and there will always be lessons to be learnt.
On that note, I am pleased that the noble Baroness supports the regulations. If I have not answered her questions, I hope that she will allow me the opportunity to write to her.
Baroness Hayter of Kentish Town
Perhaps I may ask a question which I should have asked previously. Are these two elections coterminous? Is the election for the PCC in Bristol exactly the same as the one for the mayor? My only other comment is to ask whether she would take back the idea of early engagement with political parties. Sometimes there is a reluctance, even in the Electoral Commission, to understand the role that political parties play in the democratic process. That is more a message for the noble Baroness to take back than a question for her to answer now.
Baroness Verma
The answer to the noble Baroness’s first question is yes. Of course, as with all things, it is always best to review things after the event.
Equality Act 2010 (Age Exceptions) Order 2012
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Horses: Transportation
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Baroness Mallalieu
My Lords, I first declare a personal interest as the president of the Horse Trust and the chairman of the All-Party Group for the Horse. I am also a member of the Humane Slaughter Association. Secondly, and most importantly, I thank and congratulate the noble Lord, Lord Higgins, on securing this debate which is particularly timely in relation to the Commission, for reasons I will come to.
At the age of 11, I came across a leaflet written by Ada Cole, the remarkable woman who founded the charity which is now called World Horse Welfare. It was about the export of live horses from Ireland, taken by sea for slaughter on the continent. There was one photograph which I can still remember in every detail. It was of a carthorse with a kind eye and a crooked white blaze, barely able to lift its head from the position in which it had collapsed on the dockside in Antwerp. It looked totally exhausted and a picture of misery. After, no doubt, a lifetime of work, its last days should not have been spent at sea in terrible conditions. The caption beneath that picture, which I have never forgotten to this day read, “A victim of man’s greed”.
That terrible trade in old and unwanted horses from Ireland to France and Belgium by sea has gone. It was killed, in part, by public outcry when, on one occasion, some 12 dead horses, which had collapsed during the journey and been thrown overboard, were washed up on a genteel English seaside beach. The fact remains that, after 50 years of so-called progress, some 65,000 horses still make long, gruelling and almost wholly unnecessary journeys to their death within the European Union each year, with the sanction of the Commission which is frightened of restraining trade. About 15 years ago, we had a debate on this subject and I can still remember one speech from that evening. It was made by Lord Slynn of Hadley, no longer with us, who described his own experience of stopping at a continental motorway service station and looking through the vents of a huge lorry standing in the car park. It was crammed with horses, some visibly injured, all utterly exhausted, standing in total silence. They had, he found, been on the lorry like that for two days and had two more to go before arriving at their eventual destination for slaughter in southern Italy.
There has been progress, but it has been painfully slow and inadequate to prevent what is a wholly unnecessary suffering. I have recently visited Transylvania—part of Romania—where tractors are still a rarity and the work is done, as it was 150 years ago, by horse-drawn vehicles. The population of working horses in eastern Europe is still huge yet, despite the fact that no horse there is more than 12 hours from an abattoir in which it could end its days after its working life finishes, many will instead make a journey of two to four days to Italy and Spain in vehicles which are, as the noble Lord, Lord Higgins, said, far removed from the sleek racehorse transporters which we see on our motorways. Those horses are overcrowded, sometimes quite unfit to travel and with wholly inadequate checks made to monitor journey times and rest periods or on whether water is actually provided. Ironically, the comparative cost of slaughter near the point of origin and refrigerated transported is, I am told, very little different from the cost of transporting these animals across a continent in these conditions. The majority of the meat is processed in any event, so arguments about consumers demanding fresh meat are largely irrelevant. In reality, the trade continues in this way because that is how it has been historically and because the Commission lacks the willpower to deal with it.
I cannot help but feel that, if the public in Spain and Italy had the same degree of awareness of what is involved as people in this country, 1 million of whom signed a petition to limit journey times, then demand would drop. This would bring changes more quickly than anything else. There is still no overall limit on the duration of those journeys, despite the recommendation of the European Food Safety Authority, whose research has shown that above all other species—and there are differences between species—horses suffer severe welfare problems in journeys over that time. Our MEPs have shown their support, the European Parliament has supported the change, yet still—and inexplicably—the Commission so far prefers to go down the line of guidance and enforcement of existing regulations, which are currently not adequately enforced.
We are moving into the Cypriot presidency, during which, I suspect, this issue will have very little priority. However, I understand that Ireland takes over immediately after that and I very much hope we will then see adopted the proposal to reduce the journey time for horses to 12 hours, at the very longest. I hope that the Minister can assure us that pressure will be stepped up. I should like to pay tribute to the Minister, Jim Paice, who on 15 June released an intervention calling for the introduction of that limit, as recommended by the EFSA, and it was accepted by the Council of Europe.
The long journeys from eastern to southern Europe are not, however, the only disturbing feature of what is going in relation to horse transport in Europe. For different reasons, we should all be concerned about the shipments of surplus horses, mostly of very low value, currently taking place between Ireland, France and the United Kingdom. During last year, the provision of abattoirs in Northern Ireland was insufficient to meet the demand for the slaughter of unwanted horses that were, having been bought by UK meat dealers, sometimes waiting for up to six weeks in unsatisfactory conditions before there was the capacity to ship them to England for slaughter. The Horse Trust and other charities did what they could to assist the very limited provision of equine welfare over there, but the volume of abandoned and malnourished welfare cases, which is a combination of the recession and chronic overbreeding, means that humane slaughter on the spot was often the only option.
Low-value horses come every week to the UK from Ireland and France, and go out again. They are not routinely checked at ports of entry and, on occasions, are unfit to travel, or they introduce disease, as the noble Lord, Lord Higgins, pointed out. What on earth was the horse that brought the disease coming here from Romania for? Given that African horse sickness is knocking on our door—with its potentially disastrous consequences for our £3.8 billion equine industry, should it reach us—it is a state of affairs that should worry us all, and every Government.
What this international trade is all about is unclear. There are meat dealers in this country who own literally hundreds of horses of little value, and many of those horses were in a very poor state last winter. It is on a scale that has the equine charities and local authorities that have to deal with the consequences of abandoned horses, fly grazing, welfare cases and escapees, tearing their hair out. These dealers treat the horses as commodities to be sold on, if and when there is a market, but most are poor specimens of little value and no use, save perhaps for meat at some future point. They are the result of indiscriminate breeding, both here and in Ireland. In time of economic difficulty, the numbers are such that all the rescue organisations put together could not begin to take even the worst cases. I have heard reports of local authorities and, indeed, major charities considering that their budgets would not stretch to prosecuting even the worst offenders.
Somehow, people have to be educated, here and in Ireland, not to breed horses unless they have a job for them—and then only to breed from the best—and when they reach the end of the road to do the right thing and put them down at home, not sell them on to the dealer who promises to find a good retirement home. These are the horses that end up on a transporter, being shipped hither and thither to an uncertain end.
What needs to be done right now? The Commission needs to pressed, as it already has been by our Ministers, and pressed and pressed again, until it implements the 12-hour limit. Better guidance and inspections en route, which have been accepted by the Commission, must be implemented. Consumers must be told how the meat has reached their plates in Italy, Spain and parts of France. That is something that I understand World Horse Welfare proposes to do. Horses should bee seen and treated as sentient beings, not mere market commodities. If they are to be eaten at the end, so be it; but it is surely our duty to ensure that in life they are treated with respect and consideration, as should be all our food animals. Despite all the advances and all the talk over the course of my lifetime, too many horses remain the victims of man’s greed.
Baroness Verma
My Lords, I remind noble Lords that this is a time-limited debate and when the clock shows “10”, the 10 minutes are up.
Women’s National Commission
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Baroness Greengross
To ask Her Majesty’s Government whether they have any plans to create a representative body to replace the Women’s National Commission, which was abolished in 2010.
Baroness Verma
My Lords, let me start by recognising the many achievements of the Women’s National Commission over 40 years of service. However, the Government feel that it is now both important and appropriate to engage with women more directly and much more widely. It is for that reason that we decided to close the WNC in 2010 and bring its functions into government. I am very pleased to report that our new approach is working well and that the feedback that we have had is very positive.
Baroness Greengross
I thank the Minister for that reply, and I know about her personal commitment to hearing the voices of women, particularly the more marginalised groups of women. However, does she not think that we need some sort of central hub, some replacement organisation, that can bring together the voices of those who tend not to be heard and who are marginalised? Also, could the Government not be in breach of their obligations under the Beijing platform for action, which requires them to have in place a mechanism that will enable women’s organisations to communicate effectively with government at a national level?
Baroness Verma
My Lords, I thank the noble Baroness for her initial kind words, but perhaps I may reassure her and the House that we are, first of all, meeting the obligations under the Beijing platform because, through the Government Equalities Office, which is part of the Home Office, we are able to deliver all the requirements placed on this country to ensure that all voices are heard. However, we took on this programme on the basis of listening to people’s voices through a large consultation called Strengthening Women’s Voices. We found from the feedback that our approach is what women actually want.
Baroness Browning
My Lords, I declare an interest as a former government co-chairman of the Women’s National Commission. Does my noble friend accept that the strength of having a government Minister as co-chairman was that the commission set its own agenda—in other words, its priorities were at the top of the list and were not set by other people or government? Having a government Minister as co-chairman meant that those concerns went directly to the heart of government. That was the WNC’s strength—a strength that is no longer there.
Baroness Verma
My Lords, I am afraid that I have to disagree with my noble friend because, having spoken to many women through consultation, we found that a lot of women were not being talked to or involved in the sort of decisions that my noble friend would want. Also, because of social media and the internet, we are able to reach out far more to a greater number of women and women’s organisations. The fact that the Government are at the heart of this is the key to addressing those issues.
Lord Rooker
What is the gender of the head of the Government Equalities Office?
Baroness Verma
My Lords, I am not quite sure that I can understand the noble Lord’s question, but I should say that we have a Home Secretary and a Minister, Lynne Featherstone, who lead on this area in the departments.
The Lord Bishop of Blackburn
My Lords, an LSE study calculated the public cost of carers leaving work to be £1.3 billion a year in lost tax revenues. It is well understood that women bear the heavier responsibility than men in this regard. What steps are the Government contemplating to ensure that the voices of women carers are heard, as they would have been through the Women’s National Commission before its demise?
Baroness Verma
My Lords, the right reverend Prelate talks about a group within society who perform an incredibly important role. However, perhaps I may also say to him that when taking on board what carers do, whether they are paid or unpaid, we have looked at flexible working, which will have a greater impact on their lives. We have also taken 2 million people out of tax altogether to ensure that they do not bear the great brunt of the effects of our economy going into a downward spiral because of our previous Administration. We are working very hard to ensure that our tax credits will be utilised for those with the most disadvantage in our society.
Baroness Trumpington
My Lords, who is representing this country in the United Nations? I speak having had an interest as being a member of the Women’s National Commission when the United Nations Decade for Women conference was held. It was important that we were represented properly then. I represented many English organisations, including the trade union for English prostitutes.
Baroness Verma
My Lords, we have an excellent UN ambassador in New York. We also have our own Minister, Lynne Featherstone, who leads on all our international issues overseas, so we have really good representation. In fact, we had the largest contingent at the last CSW session.
Baroness Gould of Potternewton
My Lords, one of the strengths of the Women’s National Commission as a representative body of over 670 organisations was that it was able to deal with specific issues. As the Olympics are almost upon us, what action have the Government taken to follow up the extremely valuable work done by the Women’s National Commission, along with the Metropolitan Police and the London boroughs, to reduce the level of trafficking in order to reduce the level of prostitution during the Olympics? Will the Minister tell us what action was taken and the outcome of that action?
Baroness Verma
My Lords, the noble Baroness raises concerns that we also have about the trafficking of women, but I reassure her that all these considerations have been taken into account. We are working across government on these issues. Would the noble Baroness allow me to give her and the House a fuller answer by writing to her? There are a number of areas that we are looking at and working on and it would be helpful to the House.
Government: Procurement
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Lord Haskel
To ask Her Majesty’s Government what steps they are taking to encourage the use of new technology in the United Kingdom through Government procurement.
Baroness Verma
My Lords, the Government are removing procurement barriers facing innovative companies and SMEs and creating an environment in which they can thrive. We are investing more in the small business research initiative, creating a level playing field for open-source solutions and making the procurement process as a whole faster and simpler. In particular, the G-Cloud framework provides a simple, fast and transparent route into government for the suppliers of new technologies.
Lord Haskel
My Lords, those aspirations are all very well but are the incentives in place for public-sector buyers to carry them out? The Office of Government Commerce tells me that there are 40,000 points of procurement. Why should it take the risk of an innovation failing? After all, it is more likely to get a pat on the back for saving money in these circumstances than for encouraging innovation. How will the Government change this culture?
Baroness Verma
My Lords, I am disappointed at the noble Lord’s cynicism. Since we took office, central government’s direct spend with small companies—particularly the SME sector, which the noble Lord is interested in—has doubled from £3 billion to £6 billion. We are achieving this by publishing tenders and contracts through the contracts finder website which eliminates many of the difficulties that small and medium-sized businesses were facing. The noble Lord should be aware that more people can access information online now than could previously.
Lord Walton of Detchant
Is the noble Baroness aware that the Medical Technology Group—which represents the interests of both large companies and SMEs in the medical technology field—is very concerned that many of the most important and vital new developments in medical technology are not being fully exploited within the National Health Service? Will she ensure that the concerns of the Medical Technology Group are brought to the attention of NICE so that these developments can be exploited fully?
Baroness Verma
I take the noble Lord’s views on board and will take them back to the department. I also hope I can reassure him that we are working closely with the health service and through the services provided by the online G-Cloud strategies that we have formulated to shorten the gaps he envisages.
Lord Rennard
My Lords, will the Minister tell the House the Government’s policies in relation to the development of the computer code or software they pay for and whether it should be made more freely available for others to use and extend? Does she accept that allowing this could sometimes prevent the public sector wasting money by paying more than once to develop the same software and that it would also be incredibly helpful to the private and voluntary sectors?
Baroness Verma
The noble Lord is absolutely right to raise that point. As part of the Chancellor’s Autumn Statement last year government departments agreed to release a substantial package of data including material relating to many of the major departments. Most people will also be able to access data rather freely through our Open Data Institute, which we hope to have fully launched by September.
Lord Howarth of Newport
My Lords, what proportion of the Government’s expenditure on science and technology is accounted for by Ministry of Defence procurement? Is the Minister satisfied that that allocation of resources is well judged to encourage the most productive take-up of new technology in the United Kingdom?
Baroness Verma
The noble Lord raises a specific point which I think I need to take back with me as I would not want to quote a wrong figure on the Floor of the House. I will take it back and come back to him.
Lord Hughes of Woodside
My Lords, did the Minister see the horrendous reports at the weekend about health service patients waiting months and months for medication because of procurement difficulties? Will she ask the relevant Minister to come to this House to give a full explanation of something that really should not happen?
Baroness Verma
My Lords, I do not speak on behalf of my noble friends. The question has been noted and I am sure that the relevant Minister will take it up.
Lord West of Spithead
My Lords, I do not know whether the Minister is aware that the Royal United Services Institute recently did a study in which it discovered that if things that are designed and built in this country are then purchased, 34% of the money will go straight back to the Treasury. Will the Treasury therefore look at this report? Clearly, if things designed and built in this country are a third cheaper straightaway, and forgetting all the other reasons why one would want to buy high-tech things that are made here, it would be a bit of a nonsense to buy those things off-the-shelf from overseas.
Baroness Verma
I think that the noble Lord has answered his own question. I am sure that the Treasury is not aware of all reports but, again, I will raise this one with it.
The Earl of Erroll
Is the Minister aware that smaller innovative companies often have great difficulty joining in on some government IT projects because of the stranglehold that the large systems integrators have on them? Many of the regulations make sure that smaller companies cannot join in and bid for these projects, and many of the frameworks even exclude them from doing so.
Baroness Verma
Absolutely—the noble Earl identifies a serious problem. We have formulated the G-Cloud strategy so that smaller businesses can contract out as well as tender for contracts alongside the large companies. The PQQ requirement has also been ended where contracts are for less than £100,000. We are asking for much less information from smaller companies so that they do not stumble at the first block.
Baroness Hayter of Kentish Town
My Lords, the financial crisis has made the regional imbalance worse because manufacturing has actually suffered more than the financial sector. What are the Government doing, as the nation’s largest purchaser of goods and services, to help rebalance the economy between north and south?
Baroness Verma
My Lords, the economy is a major issue whether it is in the north or the south. The Government are making sure that whatever is available is accessible to people either up in the north or down in the south so that nobody misses out on the opportunity to bid for public contracts. As the noble Baroness will be aware, many bids on contracts now come from smaller companies as well as from across the country.
Gambling Act 2005 (Amendment of Schedule 6) Order 2012
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Baroness Verma
That the draft order laid before the House on 30 April be approved.
Relevant Document: 1st Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 13 June.
Claims Management Companies
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Baroness Verma
My Lords, I begin by thanking the noble Lord, Lord Kennedy, for giving us this opportunity to debate such a topical subject. I thank the noble Lord and other noble Lords for their constructive contributions. I would also like to congratulate him on his dedication and commitment towards highlighting the serious issues that concern consumers. I am very pleased that the meeting that he had with my noble friend Lord McNally at the MoJ resulted in a satisfactory outcome. Of course, we are minded that the protection of consumers using the services of claims management companies is clearly an extremely important matter, as is the efficient handling of consumers’ claims. Much has been done to drive out bad practice in the claims industry, and we are committed to doing more. I am very pleased, therefore, to inform your Lordships’ House what action we are taking in this area and I hope to touch on some of the areas of concern that noble Lords have raised today.
It may be helpful if I first set out the existing conduct rules which claims companies must follow. The rules focus on consumer protection and require companies to give consumers clear, honest and comprehensive information about the options available for pursuing their claim, including self-help, and the associated costs and risks involved. The intention is that consumers should always be in a position to make an informed choice—an issue that was raised across the House. There must be no high-pressure selling, no hidden charges and no misleading marketing. All claims companies must have a complaints procedure to deal with any customer problems. Companies that breach these rules will face investigation and firm enforcement action, which can range from warnings to restrictions being added to their licence and ultimately suspension or cancellation of their licence.
Substantial progress has been made since the claims management regulation regime was introduced in 2007. Practices such as misleading advertising and marketing, and hidden costs, have been targeted and greatly reduced. Cold calling in person and unauthorised marketing in hospitals have been eliminated, unfair contract terms have been removed, and complaints handling has been improved. To date, the unit has removed the licences of more than 700 claims management companies, suspended or imposed restrictions on their licences and threatened many more with such action. As my noble friend Lord McNally stated in response to a recent Parliamentary Question from the noble Lord, Lord Kennedy, 260 claims management companies lost their licences between April 2011 and March 2012. There will be no let up by this Government in going forward. We realise and recognise that more must be done to tighten up practices. Therefore, we are developing proposals to amend the conduct rules for claims companies and a public consultation is planned for the summer. I hope that noble Lords will assist in that consultation.
The Government are committed to taking a robust approach to tackling those companies that appear to be involved in malpractice right across all sectors of the industry. As noble Lords have highlighted, the practices of some claims companies operating in the payment protection insurance claims sector have been a cause for concern. This sector continues to present challenges for us, and, of course, we recognise that there is much more to be done. However, we cannot ignore the progress that has been made by the Claims Management Regulation Unit in ensuring that claims companies remain compliant. The unit has established a specialist compliance team to focus on tackling the poor practices used by some companies when presenting claims for mis-sold PPI. Since its inception in November last year, the compliance team has already conducted more than 50 audits, issued seven warnings and taken other forms of enforcement action where problems have been found. This work continues and includes targeting those companies submitting claims where no PPI sale exists, those charging upfront fees and those operating call centres to ensure that sales calls are compliant.
The unit is working with the Financial Ombudsman Service, the Financial Services Authority, major banks and credit card providers to help identify non-compliant companies and improve the claims process for consumers. The unit is also encouraging the development of mechanisms for improving the banks’ relationships with compliant claims companies. The intention is to help streamline the PPI claims process for consumers who choose to use them and minimise the burden on the banks. Last year, the unit issued joint guidance with the Financial Services Authority and the Financial Ombudsman Service on best practice when handling claims for mis-sold PPI. The unit produced guidance for consumers, advising them to shop around for the best deal and never to pay an advance fee or agree a verbal contract without seeing the offer in writing first. The guidance also makes consumers aware that there are self-help alternatives to using a paid representative to make a PPI claim.
The Information Commissioner’s Office is aware of issues in relation to claims and unsolicited marketing and believes that the existing legislation and regulatory environment are adequate in seeking to protect individuals from all such kinds of marketing, not merely those related to claims services. However, I very much take on board the concerns that have been raised and I and my officials will take them back to the department. The Information Commissioner’s Office is responsible for enforcing the Privacy and Electronic Communications Regulations 2003, which protect consumers from unsolicited text messages and marketing calls. It has a significant suite of powers with which to investigate and take enforcement action where the regulations have been breached. These include the power to issue a monetary penalty of up to £500,000 and to require communications service providers to disclose the identity of third-party users of their networks. The Information Commissioner is putting more resources into tackling this problem and we are providing assistance as necessary. The Ministry of Justice’s Claims Management Regulation Unit has formed an effective working relationship with the Information Commissioner that enables a fruitful exchange of intelligence. Both regulators are now seeking to build on this by establishing a memorandum of understanding, which will set out a basis for sharing information and intelligence to help them carry out their regulatory functions. This should be finalised soon.
The Claims Management Regulation Unit is already investigating individual claims companies believed to be involved in commissioning and receiving the leads generated from text messages and automated calls. The main investigation challenge is identifying who is responsible for the texts and building up sufficient evidence of abuses to take enforcement action. Unsolicited texts and marketing calls can be made by a range of companies, as my noble friend Lady Scott highlighted, some of which are based overseas. These include lead generation companies, data companies and illegitimate companies. The Information Commissioner and the Claims Management Regulation Unit are members of a cross-regulator and industry working group established to pool resources, share intelligence and mount a more effective campaign of joined-up action to try to eradicate unsolicited text messages and automated calls. Other members of the working group include Ofcom, the Office of Fair Trading, the Direct Marketing Association and the mobile marketing industry, including network operators.
I hope noble Lords are reassured that there already exists a robust regulatory environment to deal with this problem. However, I acknowledge their concerns about the fees charged by claims management companies. Transparency is a key requirement of the conduct rules which all claims companies are required to follow. Their fee structure should be clear, transparent, fair and not misleading. Reasonable inquiries should be made as to whether prospective clients have alternative means for pursuing a claim and claims should be pursued only where it is in the interests of the client to do so. While most claims management companies do not charge upfront fees, those that do must provide the key facts in writing.
In conclusion, I have outlined some of the main actions we have taken and our commitments going forward to driving out bad practice across the claims industry. I hope these reflect the Government’s determination to ensure that the regulatory burden placed on claims management companies continues to be effective in protecting consumers. My noble friend Lady Scott asked about trade bodies representing claims companies. The Claims Management Regulation Unit in the MoJ has considerable contact with trade bodies representing claims companies. We will continue to work closely with them to raise standards. The noble Lord, Lord Kennedy, referred to training. I will take back that interesting thought because there is merit in seeing consistency across the sector. My noble friend asked about further discussions with the MoJ. I am very happy to take that back to the MoJ to see whether a meeting can be set up with noble Lords who are interested in this issue.
As the challenges get harder, the importance of effective joined-up approaches and enforcement operations cannot be stressed enough to ensure that not only are more claims management companies operating in the consumers’ interest, but that all others involved in the claims chain are too. If I have missed any questions that were asked by noble Lords, I will be happy to write to them. I would like to put on record that we wish the noble Lord, Lord Young, a speedy recovery and very much hope that he is not bombarded with unsolicited messages.
Food Security Policy
Baroness Verma Excerpts(14 years, 2 months ago)
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Baroness Miller of Chilthorne Domer
My Lords, I declare an interest in my family vineyard and farm, Vignobles Temperley, and family cider business. I was absolutely delighted to win this topic in the balloted debate, but I am even happier to see such an array of experts who will contribute. Noble Lords know that even in the UK and Europe we cannot afford to be complacent about food security. We are the lucky post-war generation who, by and large, have not seen shortages. We have only recently begun to understand the importance of the concept of global food security rather than seeing it as an issue only when there is a regional famine or shortage far from these shores.
One of the problems has been that political attention has not really focused on food production or nutritious consumption for a long time. We did not even get government time to debate the Chief Scientific Adviser’s immensely important report The Future of Food and Farming but, just like buses, you wait for ever and then they all come at once. The G8 had food security high on its agenda last weekend. This week, the Environmental Audit Committee in the Commons published its excellent report Sustainable Food and in this House this subject for debate wins the ballot. At least we are focusing attention.
In March this year, the UN high-level task force on food security made the point that there is no one set of policies to tackle food security that is globally applicable, but it identified some key pointers and the crucial importance of sustained political commitment. Historically in the UK, political attention has focused on food production when there has been a crisis or a scare such as salmonella in eggs or a disease such as foot and mouth or BSE. For a moment, food and food issues are a political hot topic, and then attention wanders away again to the more seductive stage of foreign affairs or the Olympics, but circuses would lose their charm without bread. I am pleased that the noble Lord, Lord Curry, is going to speak this afternoon because his commission did a lot to bring this to national attention.
In nations where many people live a precarious existence, a food price increase or a shortage can cause the sort of riots that we saw in dozens of countries in 2008 and that were repeated to some extent during last year’s price spike. Even in rich and middle-income nations, we must assume that things are not always going to be as comfortable and easy as they have been over past decades. The expertise in today’s list of speakers allows me not to attempt to address why and how climate change, water shortages, storage problems and animal diseases are undermining food security.
The only international issue I will touch on is the relatively new phenomenon of some richer nations and multinationals buying up vast tracts of land, especially in Africa: so-called recolonisation or land grabbing. At its worst, land grabbing dispossesses whole villages from their subsidence existence against their will. There is an illusion that big international deals bring investment and new technology to a region, benefiting local people, but in fact that ideal is rarely achieved. More often, local communities are dispossessed of their lands and return, if at all, only as minimally paid workers and profits are exported. Fred Pearce in his recent book, The Land Grabbers, gives many examples from different continents of the huge downsides to the practice. I am sure many of your Lordships have seen examples on your travels. I certainly have, notably in Ethiopia. The UN has just adopted historic land grab guidelines for rich countries buying land in developing nations. Guidelines are better than nothing, but there is something immoral about dispossessing the already very poor to feed the well off better or to provide biofuel for their motorcars. I hope the UK Government will support this UN initiative and ensure that UK-listed companies do not ignore the UN guidelines.
I am going limit the rest my contribution to Britain. This week, the NFU launched the campaign “Farming Delivers for Britain” which demonstrates that our agriculture is a bright spot among the austerity gloom. That is good news indeed, but how well are we caring for the basics that enable that agriculture and make us so well placed to feed ourselves and to maintain healthy exports not just of food but also of knowledge? Knowledge and expertise are probably our most useful contribution to global food security.
I am going to focus on just a few of the essential ingredients of a healthy UK production and consumption food policy and on perhaps the most fundamental thing of all, which is soil. A properly managed soil can do so many different things. It stores carbon, retains water, maintains a vibrant ecosystem, reduces pollutant run-off and cuts greenhouse gas emissions, and also produces healthy, nutritious crops. However, I am sure that your Lordships have often seen water flooding off the fields during heavy rain, washing down the drains into streams and filling rivers. It is even more terrifying when you fly, look down at rivers and see that they are dark brown after heavy rains. That is the soil washing into the oceans. We have not looked after our soils. They are literally disappearing through erosion, including wind erosion. The erosion rate is about five times faster than the formation rate. We are also losing prime soils to development. We are just tarmacking them over. We cannot afford that rate of loss and, if we have not lost it, soil fertility itself has been diminished by farming practices over decades. The Food Ethics Council recently produced an excellent collection of research called Soil: A Fragile Foundation. It highlights the national lack of targets and indicators of a healthy soil. I wonder whether the Minister’s department is tackling that now.
Back in 2006, there was an EU soil thematic strategy which would have helped with some of this but the then UK Government blocked its implementation, thereby setting us back many years. Now I assume that we are supporting the EU soils framework directive wholeheartedly. Then there is the farm regulation review, which suggested a duty of care for soils. Can the Minister say whether Defra is considering that? How does practical support for farming practices—increased soil and health structure—fit into the CAP reform proposals?
Secondly, we should play to our strengths. In the UK, we have some of the best grass-growing conditions in the whole world and a wonderful range of livestock breeds, both old, traditional breeds and modern breeds. Their genetic strengths are in world-wide demand. I hope that Defra’s policy will be to support and strengthen this sector rather than to encourage the development of a livestock sector that will rely on vast quantities of imported soya or require the UK to devote considerable acreage to protein production for cattle lots and dairy production, US-style. How is Defra’s assessment of the intensive dairy proposals going? What work is Defra doing on carbon footprinting the different production methods?
On insects, they have an up side and a down side. The down side is, of course, that they can be such tremendous pests. Last year, a letter in the Times from the UK’s leading entomologists highlighted the fact that there were actually only 10 professors of entomology left in the UK. It is such a crucial area of study—the huge impact of insects on food production and storage. I ask the Minister whether that position has improved.
While I am on the subject of insects, I turn to bees. I welcome Defra’s healthy bee action plan, which is a great step forward. It addresses the health of the honey bee, but the honey bee pollinates only about 15% of our crops and wild flowers that are insect-pollinated. The other 85% are pollinated by the other 265 species of bee and pollinators, which are also suffering severe declines of about half their numbers. Can Defra produce similar plans and guidance to help to ensure that the decline of the wild bee population is halted and reversed?
Food security is all about resilience and diversity. We must value our seed heritage and our different animal breeds. I congratulate Garden Organic on its heritage seed library collection and, indeed, Kew on its work. These and other organisations are guarding and developing for future generations—and, in the case of Garden Organic, for the public to use—a large number of unusual and heirloom varieties.
The hot topic of this afternoon may well be biotechnology. I am looking forward to the contributions on that. Public confidence in GM was adversely affected right at the beginning by the Monsanto approach which tried to prevent farmers saving seed. The public came to understand that it was just about the bottom line and not the public good. That approach bred distrust and suspicion. I hope that we can move away from that first generation of GM. I do not that think GM is the answer to food security issues, but nor should we seek to halt scientific exploration and trials. There are many interesting things to explore. Among the less controversial but very interesting advances of biological sciences that are being progressed is accelerated selective breeding, which deals with same-species genetic changes rather than cross-species manipulation. I am anxious that we not be diverted by huge EU battles over GM. It has already sucked so much political capital, energy and investment, leaving fundamental deficiencies in the rest of the scientific effort. Can the Minister tell us the latest UK position on EU negotiations over GM?
We have another round of CAP reform coming up. We must use this round to make sure that it offers farmers support that is all about farming for the future as well as for today. One of the things that worries me most about the future is the lack of young entrepreneurial people choosing to go into farming and food production. On this, I miss my late noble friend Lord Livsey, who often decried in this House the contraction of our agricultural college places. I hope that that decline has halted or will be put into reverse.
There are lots of other forms of support for farmers, such as co-operatives—buying co-ops, selling co-ops, machinery co-ops—which other countries practise far more than we do. There is a great strength of advice for the struggling lone farmer from that sort of circle. I hope that Defra plans to strengthen co-operation between farmers. There have been some interesting examples in various parts of the country, including Somerset. It is work that needs more impetus.
I am sure that other speakers will highlight other examples and the very interesting report, Innovation in EU Agriculture, from Sub-Committee D of the EU Committee. I am pleased that members of that sub-committee are speaking this afternoon. The report covered developments such as precision agriculture, with precise dosages and timing of fertilisers, and better land practice. I will not have time to talk about agro-forestry or perennial crops, or low-till and no-till regimes, but all these things offer us a tremendous amount for the future. It is actually an exciting time in agriculture.
Amartya Sen said that,
“there is no such thing as an apolitical food problem”.
We have many of the tools that could enable us to solve the issue of precarious food security. We can do it, but we need to keep the political attention firmly focused on food and food security. I beg to move.
Baroness Verma
My Lords, I remind noble Lords that this is a time-limited debate. When the clock shows “6”, you are in your seventh minute.
Minority Ethnic and Religious Communities: Cultural and Economic Contribution
Baroness Verma Excerpts(14 years, 2 months ago)
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Lord Paul
My Lords, I congratulate my noble friend Lord Bilimoria on initiating this timely debate, and his excellent speech.
The Zoroastrian community has always been a minority community in whatever country it has existed. But by its conduct and its contribution, it has without exception been a model of good citizenship, holding its members to the highest standards of ethical behaviour. At a time when grievances are often provoked and expressed by violence, this approach has been a lesson for us all. As Mahatma Gandhi said:
“An eye for an eye will make the whole world blind”.
I now move to the larger implications of the noble Lord’s Motion: the contribution made by minority ethnic and religious communities to the United Kingdom. Too often, minorities are viewed by significant parts of the majority as takers and not givers. Of course, this is palpably wrong, as is evident from the minority involvement in every field of endeavour: from public life to commercial enterprise, from the arts to sport, from education to government services. Minority involvement is growing and is now irreversible.
I do not need to remind your Lordships that this has been somewhat slow in coming, not because minorities were reluctant or unqualified but because barriers were placed in their way. Recent times have seen these formal and informal obstructions being dismantled. We must continue these efforts and guard against any reversal and, in doing so, open up avenues of advancement to higher positions, a situation in which recent studies have shown there is considerable inadequacy.
People are not born with discrimination in their blood. They are socialised into it, as I know well. I visit London Zoo as often I can because it is partly a memorial to my infant daughter. I well recall how, 46 years ago, her last tragic months were brightened by regular visits there and by being with other children of all communities. When London Zoo was in danger of closure in the 1990s, I was delighted to step in and help. My delight today is to see how children of various ethnic communities mingle freely and enjoy companionship without any regard to racial, religious or other backgrounds. In this camaraderie, small children have many lessons for their parents.
I have been, and am, chancellor of two British universities: the University of Wolverhampton and the University of Westminster. Both have overseas branches and consequently a sizeable student body representing a number of nationalities. It must be remembered that when these overseas students return to their countries, they continue to make a great contribution as ambassadors for Britain.
The noble Lord, Lord Bilimoria, succeeded me as chancellor of the University of West London. He will confirm that a majority of younger students is far less concerned with ethnic and religious differences than with joint activities. These are the very people who, as they grow into full adulthood, can harbour prejudices that are of much concern in this country. Responsibility for enlightenment cannot be left to the individuals alone. That is why I urge the Government to make every effort to encourage the expansion of educational curricula to include more information and analysis of minority contributions.
These are difficult days in community relations, and economic distress often makes them more difficult as retrenchment takes place that often affects minority communities first. However, whatever areas are drawn down, that should not include cuts in the minority-related programmes. Small economic gains must never be at the expense of the social fabric of the nation.
In common with the majority of Members of this House, I have over the years been pleased to serve on a number of charitable, government and non-government bodies, including the NSPCC, the Prince’s Trust, the RNIB, the Royal Albert Hall and London 2012. I chaired the Indo-British Round Table—
Crime: Domestic Violence
Baroness Verma Excerpts(14 years, 4 months ago)
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Baroness Verma
My Lords, because the Government take domestic violence so seriously, we have ring-fenced nearly £40 million of stable funding for specialist local domestic and sexual violence support services until 2015. Accommodation is the foundation to ensuring that victims are afforded safety and security, which is why homelessness legislation in England provides one of the strongest safety nets in the world for families with children and vulnerable people who become homeless through no fault of their own.
We are also piloting domestic violence protection orders in three police force areas by which the police and magistrates can put into place protection for the victim so that they need not flee their own property, and the perpetrator is prevented from returning to the residence and from having contact with the victim for up to 28 days.
Baroness Gould of Potternewton
I thank the Minister for that reply and for any action that the Government are taking to protect women suffering from domestic violence. In spite of her comments, will she justify why up and down the country refuges are closing down or facing cuts? On a typical day, Women’s Aid is turning away about 230 women because it does not have the funding to accommodate them. Women are literally having to find places to sleep outside—such as in the Occupy camps, hospitals or night buses, and I have even heard of a case of a woman sleeping in an internet cafe—or are having to return to an abusive partner. Can the Minister indicate what action the Government propose to take to ensure that women are not subject to such a position and do not have to return necessarily to an abusive home rather than find a place of safety? How will places of safety be found?
Baroness Verma
My Lords, I fully understand the noble Baroness’s concerns but I reiterate that we are committed to ensuring that victims have a place to go if they are in need of such a place, which is why we are conducting a pilot in three police areas. I should also like to say to the noble Baroness and to noble Lords that we are in difficult circumstances. We have to deal with that alongside funding for all sorts of organisations. We have made this an issue that is dealt with locally. We have ensured that £6.5 billion is in place to support the Supporting People programme. At any one time, that programme looks after 1 million people. We have increased spending on housing-related support for victims of domestic violence from £62 million in 2007-08 to £71 million this year. A lot is going on, but we are in difficult times and we have economic constraints.
Baroness Seccombe
My Lords, does my noble friend agree that some of these victims of domestic violence are men? Does she feel that on this special day we might spare a thought for and celebrate the men in our lives?
Baroness Verma
I think that my noble friend has had her question answered. On a more serious note, any victim will be supported by this Government. Victim support will always be gender neutral. We are seeing rising numbers of men being violently abused, so I agree completely with the sentiment expressed by my noble friend. This is a gender-neutral issue that we need to take in the round.
The Earl of Listowel
My Lords, while recognising the devolution to local areas, can the Minister say a little about specialist services to provide access to adult, child and adolescent mental health services in situ in refuges? Are there any special arrangements for those parents and their children?
Baroness Verma
The noble Earl has raised another serious issue and of course we will find a prevalence of mental health issues in these cases. I very much take on board what the noble Earl has said, but I would rather write to him specifically about the work that is being done because this is a broad question that needs to be answered in detail.
Baroness Royall of Blaisdon
My Lords, I accept entirely that the Government have ring-fenced some money for dealing with the problems faced by the victims of domestic violence. However, as my noble friend Lady Gould said, refuges up and down the country are either closing or are under threat of closure, including in the Forest of Dean. Can the noble Baroness tell me whether the Government expect local authorities to undertake impact assessments before refuges are closed to see what the impact will be on vulnerable women who will be left homeless or without a place to stay when they close?
Baroness Verma
My Lords, I will repeat myself and say that we have difficulties with finances simply because there is no money to spare, as the noble Baroness will be aware. However, the homelessness strategy will not see people who require support and housing being left without refuge. There is a close relationship between what we are doing nationally and the work that we are making sure local authorities do through the funding that we have secured with them. Of course, local authorities will make decisions about need in their areas, and I would say to the noble Baroness that authorities have a duty to ensure that any victims of any form of violence are supported in securing refuge.
Baroness Hamwee
My Lords, I welcome the financial contribution that this and the last Government have made to the national domestic violence helpline, but will my noble friend take away from the exchanges today the message that it is direct provision that is so important? Things such as telephone advice are helpful, but they cannot carry out the whole job.
Baroness Verma
My noble friend makes an important point, but she will also understand that these are difficult times.