Grangemouth Refinery

Debate between Baroness Verma and Baroness Smith of Basildon

Wednesday 23rd October 2013 Lords Chamber

[Baroness Verma]

My Lords, I have noted my noble friend’s comments, as I have noted those of all noble Lords around the Chamber. So that noble Lords are reassured, I will again repeat that we take this matter seriously and we want to get the parties around the table. That means that we all have to work together very closely at every level.

[Baroness Smith of Basildon (Lab)]

My Lords, as the noble Baroness will be aware, I raised the issue of refinery capacity in the UK previously, when the highly efficient refinery at Coryton in Essex had to close down. The Government refused even short-term financial support to keep it open, unlike the French and German Governments with their refineries. We must not make the same mistake again. How sure and confident is the Minister that the UK has adequate refinery capacity?

[Baroness Verma]

My Lords, we feel confident that we do have adequate capacity. On the broader point about support for the Grangemouth complex, we are happy to work to support it as long as there is a good business case there. Before we go to that stage, let us do the most important thing and get both parties to start talking to each other.

Energy: Nuclear New Build Programme

Debate between Baroness Verma and Baroness Smith of Basildon

Thursday 7th February 2013 Lords Chamber

[Baroness Smith of Basildon]

My Lords, my noble friend Lord Foulkes spoke of the need to encourage investment in new nuclear. Under current plans we are still below the level that the Government say we need. To get to that level, we do not need investment alone; we also need to ensure we have a highly skilled workforce in engineering, manufacturing and construction. What discussions have the Minister and her departmental colleagues had with the nuclear energy companies regarding apprenticeships and training to ensure that we have the highly skilled workforce we need?

[Baroness Verma]

The noble Baroness is absolutely right. We need to ensure that our supply line is fully equipped and that we have the right skills in place as we move forward with nuclear. We are mindful that we are working very closely with the appropriate skills sector groupings on skills and we are making progress. We will give a further, fuller answer once we have got a more detailed plan in place.

Nuclear Research and Development

Debate between Baroness Verma and Baroness Smith of Basildon

Monday 4th February 2013 Lords Chamber

[Baroness Verma]

My Lords, the right reverend Prelate is right to raise the work done on thorium. We maintain an interest in the global potential of thorium and have, for the longer term, commissioned a wider analysis of nuclear fuel cycle scenarios which are open to the UK, among which is the reactor design fuelled by molten thorium salts. However, previous studies show that there are still significant risks to resources to develop thorium fuel to commercial deployment. In these difficult economic times, we need to concentrate on potential technologies that compete for the same investment but may have a sounder outcome than thorium currently does.

[Baroness Smith of Basildon]

My Lords, I listened carefully to the Minister’s answers to the previous two questions and I think she may have missed the point made by my noble friend Lord Foulkes. Centrica has withdrawn from the UK nuclear programme—the third company to do so, as E.ON and RWE have also pulled out. It is all very well for the noble Baroness to say, on the issue of thorium, that we should deal with more immediate problems, but if three companies have pulled out of the UK’s nuclear programme, what is the Government’s plan B to ensure we keep the lights on?

[Baroness Verma]

My Lords, the noble Baroness perhaps missed the first part of my response, in which I stated that the two questions posed by the noble Lord, Lord Foulkes, were two separate issues. Coming back to Centrica’s withdrawal, it has not withdrawn because it has no confidence in new nuclear but because of its own commercial priorities. However, significant progress is being made, and the noble Baroness will be aware that, in the last quarter of last year alone, the sale of Horizon to Hitachi and the granting of the first nuclear site in 25 years at Hinckley Point C happened. I would not be as pessimistic as the noble Baroness is being about nuclear, which is of course part of our low-carbon energy mix but not the only part.

Charities Bill [HL]

Debate between Baroness Verma and Baroness Smith of Basildon

Monday 12th September 2011 Lords Chamber

[Baroness Smith of Basildon]

My Lords, this may be one of those rare occasions when I am pleased not to be the Minister answering the noble Lord’s questions. As the Minister knows, we welcome this consolidation. The comments that have been made highlight what the legislation seeks to achieve. The noble Lord raised similar issues at Second Reading. I have to confess that he lost me somewhat when he spoke in that debate. However, I have carefully read the points that he made. It strikes me that we are attempting to make the legislation more straightforward, less complex and easier but we are not making it easy. I noted that the noble Lord mentioned making the measure more understandable to the lay person. I am not sure that we are ever able to make such legislation more understandable to the lay person. This is very much a lawyer’s issue. My noble friend Lord Boateng has queried whether people need a lawyer to help them set up a charity. If the noble Lord, Lord Phillips, will forgive my saying so, I fear that we have two lawyers and three opinions on this issue as it seems to comprise an argument between lawyers.

I confess that I do not understand the legal complexities which would allow me to make a distinction between “charitable purpose” or “charitable purposes”. I cannot see the difference between those two phrases. However, I fully understand the necessity to get definitions right so as to avoid long drawn out arguments in court. I have carefully read the report of the Joint Committee on Consolidation Bills. We should be grateful to it for considering the points that we put to it. It has also considered the point that the noble Lord has made. All I can do is to seek advice on this from the Minister. I am sure that she has received legal advice on whether this is a justifiable concern. Is she able to share that legal advice with us? If there is an issue around the definition, how significant will that be in terms of interpretation? Her advice would be helpful in enabling the Committee to reach a conclusion on this matter and in reassuring us that the Bill does what it seeks to do and that the definition is satisfactory.

[Baroness Verma]

My Lords, I start by thanking all noble Lords who have taken part in this important but short debate. I welcome the opportunity to try to explain the Government’s position as clearly as I can.

I welcome the knowledge and expertise of my noble friend Lord Phillips in charity law and his assiduousness in scrutinising legislation that affects charities. I know that he has taken a very close interest in the consolidation Bill. Earlier this year he raised a number of points with the noble and learned Lord, Lord Carswell, the chairman of the Joint Committee on Consolidation Bills. He has also since then discussed various points with the Bill team in considerable detail. As a result, we have been able to make some important drafting improvements at the Joint Committee stage and we are extremely grateful to my noble friend for that.

The amendments tabled by my noble friend concern the relationship between Clauses 2 and 11. I know that my noble friend's object here is to make further drafting improvements. However, the discussions we have engaged in with him have indicated that his concerns go deeper than that. As a result, we have already undertaken to address the underlying problem that he has raised. This can be done only outside the consolidation process. I shall explain that in a little more detail in a moment but perhaps I may just set the context for this discussion. Clauses 2 and 11 reproduce the existing law as it has stood since the passing of the Charities Act 2006. We are not aware of anyone having expressed concerns about these provisions at the time of the passing of the 2006 Act. Furthermore, at no point in the consultation process on the present Bill has anyone expressed any concerns about the relationship between Clauses 2 and 11. The draft Bill was the subject of full public consultation in 2009 and has the support of the charities sector and the Charity Commission.

I should explain that Clauses 2 and 11 contain two subtly different definitions of “charitable purpose”, one of a very general application and the other of a much more limited application. Two types of suggestion have been made about the relationship between these clauses. The first involves changing the law; the second aims simply to improve the drafting of the Bill. The suggestion between Second Reading and the Joint Committee proceedings was of the first type. It was suggested that instead of the two subtly different meanings of “charitable purpose” applying in different contexts, there should be one definition of “charitable purpose” applying across the board. Unfortunately, substituting a single definition of “charitable purpose” cannot be achieved without changing the law. It is not permissible within the constraints of the consolidation process for the Bill to change the law. So no amendments were tabled at Joint Committee to Clauses 2 or 11, and the Joint Committee agreed to the clauses as drafted.

The amendments that my noble friend has now tabled aim to improve the drafting of the Bill without changing the law. However, we are not convinced that this is the right response to the real issue that my noble friend has raised. The fundamental issue—it is one that we recognise—is that it is awkward to have two definitions of “charitable purpose” applying in different contexts. The amendments that the noble Lord has tabled do not remove this awkwardness; they merely present it differently. We think that the right thing to do is not to make drafting changes to the Bill, but instead to seek to address the underlying issue.

We recognise that it could be a desirable simplification to substitute the two definitions applying in different contexts by a single definition applying across the board. However, it is clear that this cannot be done through this Bill. I have therefore already suggested to my noble friend that it can be considered as part of the forthcoming review of the Charities Act 2006. It appears that there is a case for simplification here, and we believe that the review is the right place to explore thoroughly the legal changes that would be required to achieve this simplification.

I return to the amendments before us. The drafting of the consolidation Bill is a very technical business and the provisions have already been very clearly considered and given a clean bill of health by the Joint Committee. However, my noble friend has tabled what amount to detailed drafting points so I will explain why we resist these amendments.

I will begin by saying that we think that the way in which the definitions of “charity” and “charitable purpose” are structured in the Bill is an improvement on the current legislation. In particular, putting the 1993 Act definitions in Part 1 of the Bill next to the 2006 Act definitions makes them more visible to the reader. In the Government's view, my noble friend’s amendments would not improve this drafting. First, we think that the amendments would damage the logical structure of Part 1 of the Bill by taking a definition that belongs in Chapter 2 and putting it into Chapter 1 where it does not belong. I will explain that in a little more detail. As is clear from its title, Part 1 of the Bill is concerned with the definitions of “charity” and “charitable purpose”. Chapter 1 of Part 1 deals with definitions that apply generally—that is, in legislation generally and in documents, and in England and Wales as well as, for certain purposes, Scotland and Northern Ireland. Chapter 2 of Part 1 deals with definitions that have a much more limited application—that is, they apply only in England and Wales, and only to provisions deriving from the Charities Act 1993. The different scope of the two chapters is signalled by the chapter titles. Chapter 1 is headed “General” and Chapter 2 is headed “Special provision for this Act”. It is not a drafting improvement to interfere with this structure.

Furthermore, we think it is undesirable to confuse the picture for readers in Scotland and Northern Ireland by injecting into Chapter 1 a definition that concerns the interpretation of provisions that relate only to England and Wales. Chapter 1 affects the law of Scotland and Northern Ireland for certain purposes relating loosely to fiscal matters.

Finally, in our view the amendments would be inconsistent in that they would leave two alternative definitions of “charity” in Chapters 1 and 2. If the two alternative definitions of “charitable purpose” are brought together in the way suggested, it would seem illogical to leave the two definitions of “charity” in separate places.

I am keen that progress on this Bill is not unduly delayed. I therefore ask the noble Lord to accept the assurances that I have offered him. Of course, he will have a further opportunity to debate this matter when the 2006 Act comes under review later in the year. I am sure that my noble friend’s expertise would be very welcome at any further deliberations on the matters of concern that he has raised in his amendments. We are willing to ensure that the underlying issue to which he has helpfully drawn attention is addressed in its proper forum. On that basis, I invite him to withdraw his drafting amendment.