Covid-19 Update

Baroness Whitaker Excerpts

Thursday 7th January 2021 Lords Chamber

[Baroness Evans of Bowes Park (Con)]

What I can say to the noble Baroness is that within schools, vulnerable children and those of key workers can still attend, and we intend that early years settings remain open.

[Baroness Whitaker (Lab)]

The rollout of the vaccines means that many people will shortly have had two jabs, which in the case of the Pfizer vaccine, at least, confers over 90% immunity against catching Covid-19 and also against transmitting it. Are such people still forbidden from seeing their children and grandchildren or from using public transport?

[Baroness Evans of Bowes Park (Con)]

As I mentioned in a previous answer, those who have been vaccinated still need to follow the rules, as the challenge we currently face is that we do not yet know how the vaccine impacts on transmissibility. As I mentioned, PHE is assessing the effectiveness of the vaccine in protecting against a range of outcomes, and the issues that the noble Baroness raises will be among those considered. We do not yet have the data to say to people anything other than what I have just said, which is, I am afraid, that if you have been vaccinated you need to stick by the rules.

European Union (Withdrawal) Bill

Baroness Whitaker Excerpts

2nd reading (Hansard): House of Lords
Wednesday 31st January 2018 Lords Chamber

[Baroness Whitaker (Lab)]

My Lords, there is much in the Bill that merits deep and extensive scrutiny, but at this stage I simply want to signal alarm at the treatment of human rights. “Human rights” is a legal term for what we might otherwise think of as respect for individuals and recognition of their human dignity. We have acknowledged its importance in devising the powers of the state since our earliest times, and we have pursued it more or less consistently in our long participation in international and European law-making.

So it is disturbing to see that, despite valiant efforts in the other place on all sides to retain the Charter of Fundamental Rights, the Government have insisted that it be discarded from our law. It is true that when the Labour Government, in the person of my noble and learned friend Lord Goldsmith, negotiated this important instrument, it did not at that time confer any new rights. What it did was codify existing fights and provide for actual remedies against breaches. Our Human Rights Act provides only for a declaration of incompatibility if our law breaches the European Convention on Human Rights. Under the charter, damages may be awarded. How much more useful is this to the wronged citizen than a declaration, even if eventually, that results in a change in the law? What are the Government going to do to put this right?

At least as important is the development of the usefulness of the charter since we helped to bring it into being. There are too many areas where the charter now goes beyond the convention, and thus our own Human Rights Act, to enumerate in the time available. The free-standing right to equality, a right to vocational education and some of the protections for children are among the most telling. Case law has brought new safeguards in respect of data protection, for instance, including the basis for the right to be forgotten. These too would be lost under the Bill. There are also general principles under the charter which we would lose as a basis for challenging injustice under retained EU law, such as proportionality—unless, the Government now say, the challenge was brought within three months of exit, which is surely a paltry concession.

We should also be very concerned about the vulnerability of our rights to the regulation-making power in the Bill. Is it not manifestly unjust and unparliamentary to subject fundamental rights to secondary legislation? How can we accept the prospect of a Government easily dismantling the enhanced protection given to the environment, consumers, health and safety and the rights of workers not to be exploited? We need a strengthened scrutiny procedure beyond the Government’s new add-on of an EU SI Committee, and stronger than the concession of declarations concerning equality.

It is notable that the Government’s impact statement omits any consideration of the impact of the diminution of rights and redress for their breach that follows from discarding the charter and from the use of secondary legislation. Will the Minister commission a fresh study to remedy this deficiency? Of course, if we had a written constitution many of these fears could be allayed. The Supreme Court would then have a basis to put a stop to any future legislation curtailing the freedoms we have achieved, for instance in equality and working conditions. This is quite apart from the other advantage that it would be taught in schools so that all citizens and, for that matter, would-be citizens could know exactly what our values concerning justice, rights and responsibilities meant for them.

The Government have recognised the anxiety expressed on all sides about their treatment of human rights in this Bill in their Right by Right Analysis. I welcome the undertaking to,

“look again at some of the technical detail about how the Bill deals with the general principles of EU law … and how some challenges based on the general principles might continue after exit”.

This confirms, however, that all the charter rights will not be carried over after Brexit. That is what we need to fight for.

Finally, there are many amendments we ought to discuss in Committee. I hope that among them will be a provision that the Charter of Fundamental Rights will still apply to EU-derived law and that the right to damages which result from the Government breaching EU law will be protected. If the Government set their face against entrenched law, this could be done through adding provisions to the Human Rights Act 1998.

House of Lords: Lord Speaker’s Committee Report

Baroness Whitaker Excerpts

Tuesday 19th December 2017 Lords Chamber

[Baroness Whitaker (Lab)]

My Lords, the noble Lord, Lord Forsyth, is always a hard act to follow. I come to this debate somewhat from the outside but I have had a little to do—to a greater or lesser extent—with the structure of bodies in the public sector. I have set some up and dismantled some. Your Lordships’ House has always seemed to be effective, very often in spite of, rather than because of, its structure.

In contemplating an ideal second Chamber I would rather not have started from here, but we are not in the realms of Utopia and are strictly confined by the art of the possible. Within the art of the possible it is so desirable to limit our numbers that a very pragmatic solution must be worked out. We have agreed this. Even the reform of numbers is not at all an easy task and I congratulate the noble Lord, Lord Burns, on his elegant proposals. Not only do they fit the bill, they achieve the objective without transgressing other boundaries by leaving much to the discretion of party and other groups.

As we are in the realm of the practical, reasonable and feasible, on all these tests it seems to me that the noble Lord’s proposals pass muster. They are practical: they inexorably reduce numbers over time and maintain that reduction. They are reasonable: they leave to the parties who must go, but also reflect electoral decisions without destroying balance. This is particularly ingenious. They are feasible: all we need do is agree; no legislation is needed. They would serve our country better for the time being, which is what we must do. We have the privilege, among other privileges, of serving the public. It is to serve our country better that matters. I commend the proposals.

Chagos Islands

Baroness Whitaker Excerpts

Tuesday 10th November 2015 Lords Chamber

[The Earl of Courtown]

My Lords, Her Majesty’s Government regret the way the Chagossians were removed from the British Indian Ocean Territory in the late 1960s and early 1970s. The Government, along with successive Governments before them, have said that what happened was clearly wrong. This is why substantial compensation was rightly paid. The noble Lord mentioned the renewal of the agreement with the American military for occupation of Diego Garcia and we will, no doubt, take these matters into account.

[Baroness Whitaker (Lab)]

My Lords—

[Lord Avebury (LD)]

My Lords—

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

My Lords, we are getting out of our habit here. I suggest we go to the Labour Benches first and then to the Lib Dem Benches.

[Baroness Whitaker]

My Lords, is the Minister aware that, when I wrote to my noble friend Lady Ashton, who was then at the European Commission, to ask whether the United Kingdom was eligible for European Union funding for resettlement, the answer was that we certainly were? Does the Minister agree that the cost of these settlements should not fall exclusively on the British taxpayer and that, apart from the European Union, the United States, international organisations and the private sector should be approached for funding and investment?

[The Earl of Courtown]

My Lords, we will consider all these factors once the consultation is finished. As I said earlier, the feasibility study concluded on schedule. As there were still uncertainties about how any resettlement could work, and potential costs, we went into the consultation system. That is also why we are examining the results of the consultation very carefully.

European Union (Referendum) Bill

Baroness Whitaker Excerpts

Friday 31st January 2014 Lords Chamber

[Lord Teverson (LD)]

My Lords, I shall be slightly contentious because I am not sure I completely agree with the argument put forward by my noble friend Lord Shipley. I feel strongly that Britain should remain within the European Union, unless it might be as the noble Lord, Lord Grenfell, just said and at some point in the future Britain becomes rather destructive to the European Union and we might come out. I do not know. I think we have to take this issue as a responsibility that British citizens take upon themselves to make up our mind what we are going to do. I do not know that the local government or national electoral rolls are the right ones. If I were given a logical choice, I would say it should be British citizens and perhaps I would add those with 10 years’ residence or less or something like that. It is very difficult to do in a list that has to be brought together and it would probably be impossible for residency. I do not know. However, I do not think the arguments are compelling one way on this. I think that if we come to a referendum, it is up to British citizens to make up their own mind and, if they want to commit suicide economically and in every other way, that is up to them.

[Baroness Whitaker (Lab)]

My Lords, I shall put a contrary point. If residency is to be the test of voting, as it is in other votes, and if London is the sixth city of France, as some of us may have heard on Radio 4 this morning, surely these job-creating, tax-generating people ought to be represented, as they are in local elections, for very good reasons.

[Lord Teverson]

Did the noble Lord, Lord Giddens, want to make a comment?