Levelling-up and Regeneration Bill

Debate between Earl Howe and Lord Stunell

Committee stage
Thursday 18th May 2023 Lords Chamber

[Lord Stunell (LD)]

My Lords, I support what the noble Baroness, Lady Taylor of Stevenage, said, as well as what my noble friend Lady Pinnock had to say about this.

I need to start by saying that I worked in the architects’ department of a new town for 13 years and lived in that new town during its raw development stage. Noble Lords will not be surprised to hear me say that I believe that the development corporation model has a proven track record, usually of building communities with all the essential infrastructure in a joined-up way. The Government are right to see the development corporation model as one means of accelerating necessary development, and I welcome the presence of these clauses in the Bill.

However, I will just briefly reflect on my experience. During the 1960s and 1970s, the new towns were very top-down in conception. The New Town Act made the development corporation I worked with simultaneously the client, the designer, the planning authority and the funding channel for the delivery of the projects I worked on, which was a very cosy situation for those of us working on the projects but not so good if you lived next door or sometimes literally underneath where we were developing. The later generation of urban development corporations mostly paid better lip service to local democratic institutions than that.

However, there are deficiencies, and my noble friend Lady Pinnock has put her finger on one of them. It is good that the relevant clauses inform a model whereby development corporations spring from local government initiatives and are not to be imposed by somebody with a map sitting in Whitehall. That brings me to my first question to the Minister. Clause 156(2) still reserves the power to declare urban development corporations independent of any local proposals—the Secretary of State can in fact sit behind a desk in Whitehall. Do the Government have in mind making any such designations, and if not, why do we have Clause 156(2) in the Bill?

My second question relates to the consultees listed in Clause 156(4), which inserts new provisions. Indeed, the noble Baroness, Lady Taylor of Stevenage, refers to that in her Amendment 407. A very good part of that clause says that local government is to be involved even if it is not the commissioning authority. There is then a less good list of what local government consists of. Very surprisingly, it does not include parish and town councils. They are not listed as statutory consultees, although district and county councils are. There is a parallel provision in the legislation for the urban development corporations to what we might call the green belt ones. In each case, parish councils are left out. In any normal use of language, they qualify as local government, do they not? They also qualify as legislative and statutory as well, so it is a great puzzle to me why they are not there. An important point is that they will probably be the best informed about their areas, and at a detailed level which certainly will be missed by county councils, for instance. I therefore want to hear from the Minister why parish councils are not statutory consultees.

The Minister may say that there is a catch-all here;

“any other person whom the proposing authority considers it appropriate to consult”

is among the consultees. However, that is an option for the consulting authority, not a statutory consultation partner. If you want to rely on that catch-all, why not rely on it for county councils? If it is blindingly obvious that you would always consult a parish council, and therefore you do not need to say it, it must surely be blindingly obvious that you need to consult the county council, so you do not need to say that. If you are mentioning one, why not the other?

Secondly, what led to the omission of town and parish councils? If it was an oversight, will the Minister please correct it on Report or at least tell us that the inevitable statutory instrument will make it unambiguously clear that any town or parish council in or in the vicinity of a proposal should be consulted as a matter of course? I would be very happy to receive an answer by letter, if that makes it easier.

[Earl Howe (Con)]

My Lords, as the noble Baroness, Lady Taylor, has explained, this group of amendments concerns development corporations. I am grateful for the broadly supportive comments from noble Lords for these provisions.

Amendment 403 probes the issue of local accountability, which was a theme picked up strongly by the noble Baroness, Lady Pinnock, whose amendment I will come to in a moment. One of the key priorities of the Government’s levelling-up agenda is to empower local leaders and communities. Introducing a new, locally led urban development corporation model will support local aspirations for regeneration without the need to establish a body accountable to central government, but which is instead accountable to local authorities. For it is local authorities—local councillors, elected by their local community—who will be the originators of the proposal and oversee the locally led development corporation, ensuring clear democratic accountability.

We completely recognise the importance of community involvement and participation in the creation of locally led development corporations. That is why we have included statutory public consultation arrangements for locally led urban and new town development corporations in the Bill, which proposing authorities must implement before submitting their proposal to the Secretary of State.

We intend also to use regulations to set out further details on the composition of board membership and aims of the oversight authority for locally led urban development corporations, as we did in relation to locally led new town development corporations in 2018. In appointing independent members, we expect the oversight authority to ensure that the board has the relevant skills and experience needed and includes those with an understanding of the local area.

I turn to Amendments 404 and 405. We recognise the importance of ensuring that appropriate scrutiny has taken place, including from the local community, where a proposal is being developed to designate the development area of a new settlement or urban development area and establishing a locally led development corporation. As I have mentioned before, we have included provisions for statutory public consultation where people can have their say on the proposals at the formative stage before it is submitted to the Secretary of State. When the proposal is received by the Secretary of State, they will look very carefully at the robustness of the plans, including at community involvement and views expressed, before making a decision on whether the proposal is expedient in the local interest and making an order to designate the development corporation’s development area.

The noble Baroness, Lady Taylor, asked whether all planning would become the responsibility of the locally led UDC and whether all powers would transfer from the local authority to the locally led urban development corporation. The answer is no—or rather, not necessarily. It is for local authorities to propose and for the Secretary of State to decide, under his discretion, whether and to what extent functions should transfer.

The noble Baroness and the noble Baroness, Lady Pinnock, also asked about the conformity of locally led UDC development with local plans. A development corporation that takes on plan-making or development management functions will be subject to the same rules as a local planning authority. I would be happy to fill out that answer in writing, if I may.

Amendments 404 and 405 are therefore an unnecessary addition to these consultation requirements. They would slow down the designation of development corporation areas. The purpose of designating the area is to determine the area in which the locally led development corporation will operate and deliver a programme of urban regeneration or a new town. There will be further opportunities for the local community to have its say on the planning proposals for the area as proposals for development come forward through the planning system.

Levelling-up and Regeneration Bill

Debate between Earl Howe and Lord Stunell

Committee stage
Monday 24th April 2023 Lords Chamber

[Lord Stunell (LD)]

I thank the noble Earl for taking us through what for some of us is a kind of grade 1 learning experience, which he has dealt with very effectively. I have some considerable concerns which remain. I wonder whether he could go back to a point that he made in response to the noble Baroness a few minutes ago: that it was so complex and there were so many different pieces of legislation that it was not possible to give a list of all the complexities and so on which were involved. He also spoke about trust, and how the whole system might be undermined by opaqueness. If I connect those two remarks, he will perhaps see that to some extent the opacity means that the trust is not present on this side of the Chamber at the moment.

[Earl Howe (Con)]

I am sorry to hear that. The point I was seeking to make is that the general public need to trust the law and know what the law is, as does anyone dealing with the planning system. That is why the Government’s ambition is to put in train a consolidation exercise, which may take a considerable time. I have been quite frank with the Committee that there are not only 50 Acts that we know about which deal with planning and compulsory purchase, but—as my notes say—innumerable other Acts which cross-reference those 50 Acts. It will require a major legal exercise to bring all the threads together.

I cannot commit to a timescale for consolidation from the Dispatch Box today. There is a large amount of work to do before we can get to that stage and that will naturally have to be balanced against the wider legislative programme. It is for that reason that we are asking for this power to prepare the way—I think that is the best way of putting it—to make the ultimate consolidation a more achievable exercise.

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[Earl Howe (Con)]

Consolidation by definition does not extend to changing the policy effect of legislation.

[Lord Stunell (LD)]

My Lords, I think the noble Earl will have detected a degree of unease right around the Chamber about how this clause will take effect, not just in the course of this Administration but in the hands of a different one at a future date. I have heard the discussion and learned a lot. I will need to read Hansard and the noble Earl’s letter when it comes and take a view on whether this is something to take further forward. In the meantime, I beg leave to withdraw the amendment.

Levelling-up and Regeneration Bill

Debate between Earl Howe and Lord Stunell

Committee stage
Thursday 20th April 2023 Lords Chamber

[Earl Howe (Con)]

We want to engage in extensive consultation. I have every confidence that the Government will want to garner opinion from sources that have expertise of the kind that the noble Baroness mentions, and I see no reason why the LGA will not be included in that. If I can provide her with greater certainty, I will certainly do so by letter. I will be talking more about the broader consultation process in a minute or two.

The effect of Amendment 253A in the name of the noble Lord, Lord Stunell, would be to exclude development in any area with a designated neighbourhood forum from the scope of street vote development orders. This would mean that, as he explained, street vote development orders could not be used in areas where, I suggest, they would be of most benefit, for example, where local people want more homes, or where greenfield land is under particular pressure from housing development. I reassure the noble Lord that neighbourhood planning will continue to play an important role in the planning system. Indeed, other measures in the Bill reinforce this. Where street vote development orders operate, communities will continue to be able to participate in neighbourhood planning. Indeed, our intended consultation will give neighbourhood planning forums and other interested parties an opportunity to shape the policy and ensure that it delivers for communities.

[Lord Stunell (LD)]

I thank the noble Earl for giving way. He has perhaps got the cart in front of the horse there. My amendment refers to neighbourhood plans which are in force. It seeks to make sure the decisions the public take on all the issues that he has just outlined as being highly desirable—those which have completed and formed a neighbourhood plan—are not then subject to a further random challenge from a particular street vote. It is not a question of the preparation of a neighbourhood plan; my amendment would not apply in that situation.

[Earl Howe (Con)]

I take the noble Lord’s point. This highlights again how important it will be to ensure that the results of the consultation reflect issues such as those the noble Lord has raised. It may be that the general feeling is to go along the road the noble Lord has suggested. I do not want to pre-empt the consultation result in that sense, but let me reflect further on what he has said. Again, I will be happy to write to him if I have further wisdom to impart at this stage.

I can understand the reasons for tabling Amendment 254, in the name of the noble Baroness, Lady Hayman, to which the noble Baroness, Lady Taylor, spoke. I do not, however, agree that it is necessary. As a general point, biodiversity net gain will be an important point of the planning system going forward. It will ensure biodiversity must be enhanced when new development occurs and habitats will be impacted. Having said that, my colleagues at Defra have recently published the Government’s response to their consultation on the implementation of biodiversity net gain—BNG. This response makes clear that certain types of development will be exempt from BNG requirements.

The powers in the Bill require regulations to specify the development which can be consented to through a street vote development order. We are likely to use those powers to specify a range of development, from more minor developments such as roof extensions to more extensive development. In line with the wider policy approach, it is therefore likely to be appropriate to exempt some forms of street vote development from BNG requirements. That is why we are seeking the power in the Bill to both modify and exclude BNG provisions under Schedule 7A.

The noble Baroness asked in particular about conservation areas, and I will touch on that. I recognise the important role that conservation areas play in protecting local heritage. Proposals for street vote development orders will be independently examined against a set of prescribed requirements. The importance of local heritage will be taken into account in the design of these requirements. In addition, street vote development orders cannot be used to consent to the development of listed buildings and scheduled monuments.

The noble Baroness, Lady Pinnock, asked about infrastructure and perhaps I could reply to her in this particular context. We recognise that improvements to local infrastructure may be needed to support street vote development. Where street vote development takes place, local authorities will be able to secure value from the new development by charging a specific community infrastructure levy rate targeted at street vote development. This will ensure that value generated by the street vote development can be captured and used to secure infrastructure and affordable housing that will support the local area.

I turn briefly to the issue of whether it is appropriate to seek a delegated power in this case. As Defra’s recently published implementation plans make clear, much of the detailed implementation for biodiversity net gain will be set out in secondary legislation. It is therefore also appropriate to set out the biodiversity net gain arrangements for street vote development orders in secondary legislation to ensure that the systems work in harmony.

I can understand the reasons for tabling Amendment 257 in the name of the noble Baroness; however, I do not agree it is required. Clause 100(3) of the Bill allows for local authorities to expedite the procedure for setting community infrastructure levy rates for street vote development where local authorities do not have immediate plans to update or introduce CIL rates within their authority.

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[Earl Howe (Con)]

No, it most certainly does not. Our intention is to appoint the Planning Inspectorate to examine proposals and make the street vote development orders on behalf of the Secretary of State.

[Lord Stunell (LD)]

I wonder if I could help the noble Earl. For neighbourhood plans, there is an independent examiner who is not actually drawn from the inspectorate but obviously has to be a qualified professional person of independent standing according to an agreed register. I would have thought that, bearing in mind that is a task that is bringing forward a significant number of neighbourhood plans each year and the Government intend to bring forward more, there would be a substantial multiplier effect if street votes go ahead. So the pool of independent examiners may have to be deepened and widened somewhat beyond the Planning Inspectorate if he intends to proceed.

[Earl Howe (Con)]

That is a helpful suggestion, which I am happy to feed in.

On Amendments 252 and 253, in the name of the noble Baroness, the Government recognise that leaseholders will often have an interest in proposals for street vote development. Leaseholders will be able to be part of a group that can bring forward a proposal for a street vote development order if they are registered to vote in a local council election at an address in the street area on a prescribed date. If a proposal passes examination, a referendum will be held on it. Subject to the outcome of consultation, the Government envisage making a provision so that individuals, including leaseholders, who are registered to vote in the local council election at an address in the street area, as well as commercial rate payers there, will be eligible to vote. Again, we intend to consult on this proposal and on our proposals for referendum approval thresholds as part of a wider consultation on the detail of the measure.

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[Earl Howe (Con)]

No doubt this will be the subject of further debate—

[Lord Stunell (LD)]

And consultation.

[Earl Howe (Con)]

Yes, and consultation.

Before I speak to the government amendments, I will turn to Amendments 255 and 256, also in the name of the noble Baroness, which deal broadly with issues of propriety. I recognise the valuable expertise that organisations like the Association of Electoral Administrators can bring, but I do not agree with the noble Baroness that it is necessary to place a statutory duty on the Secretary of State to engage with them. As part of our work to develop the detail of the street votes policy for regulations, we will seek a wide range of views, as I mentioned earlier, from organisations such as the Association of Electoral Administrators and the Society of Local Authority Chief Executives to help us to get the secondary legislation right and to ensure that the policy operates effectively. However, it is right that the Secretary of State will be required to consult the Electoral Commission, given its important statutory role to ensure free and fair elections and polls.

[Earl Howe (Con)]

My Lords, if I may say so, that is a very helpful intervention from the noble Baroness. She raises a number of key points, some of which will no doubt be covered in the consultation, but if I can expand on that I will be happy to write to her.

On Amendment 256, I would like to make it clear that the Government take the potential for conflicts of interest seriously. I am however confident that local authorities and the Planning Inspectorate, both of which we envisage having an important role in the street vote process, have appropriate safeguards in place to minimise conflicts of interest. It is a matter for local authorities to determine their own conflict of interest policies. I have every confidence that all local authorities treat conflicts of interest seriously and have robust procedures in place for both their members and officers. It would not be proportionate to legislate that local authorities publish guidance on managing conflicts of interest specifically on street votes, although no local authority would be prohibited from doing so if they so wished.

Our intention is to appoint the Planning Inspectorate to examine proposals and make street vote development orders on behalf of the Secretary of State. As the independent examiner, the Planning Inspectorate has its own conflicts of interest policy to support the proper and efficient allocation of work. In addition, chartered town planners, who may support residents in preparing proposals, are bound by the Royal Town Planning Institute’s code of professional conduct. This includes provisions to declare and avoid conflicts of interest.

I turn briefly to the government amendments in this group. The Government are committed to ensuring that street vote development is subject to the same principles in relation to environmental impact assessment as development enabled by other routes to planning permission. This is consistent with the Government’s commitment on non-regression of environmental protections. Without amending the Bill, it would be unclear for qualifying groups and relevant bodies how the EIA requirements would apply to street vote development. Amendments 257A, 504H, 504I, 504J and 509A allow for the Secretary of State to make regulations modifying the existing process under the EIA regulations so they operate effectively for street vote development orders. Where development that is consented under a street vote development order is EIA development, it will continue to be prohibited unless an assessment has been carried out and the environmental impacts are considered when making the order. Amendments 248A, 256A and 258A make technical and consequential provision to the Town and Country Planning Act, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Elections Act 2022. These minor changes to these Acts—

[Lord Stunell (LD)]

I thank the noble Earl for giving way—I realise he has a mammoth task this afternoon. Amendment 258A introduces a new schedule to the Bill. It appears to be five pages long, which raises the total text to some 15 pages. I wonder whether he could say a little bit more about that schedule and what it is attempting to achieve. I am looking at paragraph 1(7), which is obviously difficult to interpret because it inserts bits into other legislation. Maybe he would like to write to me about this. Really quite important stuff is being parachuted into the Bill, on top of all the uncertainty we have been discussing. I wonder whether he would like to sketch in how the new schedule, which I suppose is going to renumbered as Schedule 8, fits into the general structure of this clause.

Levelling-up and Regeneration Bill

Debate between Earl Howe and Lord Stunell

Committee stage
Monday 27th March 2023 Lords Chamber

[Lord Stunell (LD)]

I really appreciate the detail that the Minister is going into but would he concede that these initiatives are all by way of announcements rather than actual programmes for action? Every week, I hear from people who work in the industry about their uncertainty over the actual programme that the Government have and the strength of belief that they should put into the assurances issued because there have been so many false dawns. I do not want to rejoin the debate completely but I urge the Minister not just to read out a catalogue of initiatives and press releases but to tell us some hard news about progress planned and delivered.

[Earl Howe (Con)]

I have already spoken for rather a long time. If I can add some further detail to what I have already said, I think it would be appropriate for me to write to noble Lords about that. I hope and believe that the Committee will welcome the announcements that the Government have made and the direction of travel that we have set. We could be criticised if we had not announced such a direction of travel because there is no disagreement in principle between any of us as to how important this agenda is.

On the goal that I have set out—the phasing out of fossil fuel boilers and the scaling up of heat pump deployment—we are currently taking steps towards decarbonising heat, including through the £450 million boiler upgrade scheme and a new market mechanism in the heating appliance market, along with heat network trials zoning. The Government are already working with industry and local authorities to develop new heat networks and improve existing ones, investing more than £500 million in funds and programmes. I say to the noble Lord, Lord Stunell, that real money is being put behind these programmes.

Levelling-up and Regeneration Bill

Debate between Earl Howe and Lord Stunell

Committee stage
Monday 27th February 2023 Lords Chamber

[Earl Howe (Con)]

I think the answer to that is yes. CCAs can distinguish between associate members in that way. But they would need to justify to themselves why they were according that difference of treatment. Circumstances would dictate a different course in different circumstances.

I come back to saying that the CCA may wish to maximise the input of associate members by allowing—

[Lord Stunell (LD)]

I appreciate the Minster’s reply, but if I could press him a little more, does he see any way at all in which we could differentiate what he is suggesting from the traditional role of the aldermen?

[Earl Howe (Con)]

The noble Lord, Lord Stunell, has stumped me there. As I am not totally familiar with the role of the aldermen, and I am sure he is, I had better write to him on that point, if he will allow.

The point I was seeking to make is that the CCA would in some, if not many, circumstances want to maximise the input from associate members by allowing in certain circumstances those associate members to vote on such matters. The amendment would prevent that happening and could risk undermining the combined county authority’s ability to work in collaboration with local experts who can contribute positively to the working of the CCA.

Elections Bill

Debate between Earl Howe and Lord Stunell

Lords Hansard - Part 2 & Committee stage
Monday 28th March 2022 Lords Chamber

[Lord Stunell (LD)]

My Lords, I think that I am now the 11th Peer to tell the Minister that the legislation is not strong enough when it comes to protecting our elections from the financial bigwigs. Indeed, there was a report from the Committee on Standards in Public Life last July. I hope that the noble Lord, Lord True, is back with us for the next stage of this Bill, but we have had some discussions with him about how many of those recommendations in last year’s report the Government believe that they have incorporated in this Bill. He has been a little bit coy about that; I might perhaps try to tempt the noble Baroness or the noble Earl to try a little harder on which of the 47 recommendations in last July’s report by the Committee on Standards in Public Life the Government believe that they have incorporated in this Bill, and which ones they are positively rejecting.

However, I want to speak about a preceding report from the Committee on Standards in Public Life in 2011. I thought that maybe if it had a 10-year run-in, there might be a better chance that we would achieve success in this Bill from some of its recommendations. Noble Lords will know that I am a member of CSPL, but I certainly was not in 2011—I was fulfilling a different role then. That report reviewed the case for having any kind of financial limits on elections. The top risk is the risk of capture of a political party by donors, capture of its policy, its practice and its personnel. Regarding policy, some of us have been frustrated for a long time by the inability of successive Governments to get to grips with tax havens around the world. I am sure that it is completely unconnected that a number of donors live in tax havens, but it could be something which the public would be suspicious about, even if we are far too knowing to believe that a party might be influenced by that.

What about the difficulty in bringing offshore banking onshore? Could that have anything to do with where donors are starting from and where they are banking? What about getting a beneficial ownership register of all companies and making Companies House work properly? Again, we find very little progress, which is very much in the interests of people who make big donations to political parties.

So policy can be affected, perhaps by slowing it down or perhaps by driving it slowly into the sand. Some of us think that this Bill is a victim of that, with so many proposals not grasped but avoided. My noble friend Lord Clement-Jones gave some powerful evidence about the way in which there has been a failure, in this Bill, to confront electronic campaigning, as has been recommended to the Government by many bodies and persons.

There is a risk of capture of policy and of practice, and that is in how government acts and what happens. I point to the free market for high-end property purchasing in London, which has suddenly come to a grinding halt, at least as far as some purchasers are concerned. Obviously, it serves the economy of the UK fine to sell hugely overpriced houses and leave them empty, while various dictators in the former Soviet Union sit on their extracted wealth, but it is not all about foreign donors.

I bring to your Lordships another situation where government practice has been distorted by motives that are not necessarily in the best interests of public service. I refer to the company PPE Medpro, reported in the Guardian this morning as having secured a contract for the supply of 25 million sterilised surgical gowns during the pandemic. Those gowns were bought by PPE Medpro for £46 million and sold to the Government for £122 million. In this case, the money is going in the opposite direction to the one we have been talking about for most of this group of amendments. According to the Guardian report, it turns out that those sterilised surgical gowns were, in fact, unsterilised; they were not double-wrapped and they a had false or misleading BSI test number on them. I understand the Department of Health is trying to get its money back, but the mindset that led to that fiasco unfolding is part of the capture, by big donors and big-donor thinking, of a political party.

Then there is personnel—policy, practice and personnel. It is almost embarrassing to say it, but recommendation 19 of the 2011 report of the Committee on Standards in Public Life was that there should be full publication of the criteria for political appointments to the House of Lords. I plead guilty as a political appointment to the House of Lords, as probably should a number of other noble Lords here, but it makes the point that there is an unhealthy connection between money, donations and preferment. It is not simply the House of Lords that is in scope.

Amendment 212DA in my name repeats two of the recommendations from that 2011 CSPL report. In fact, the noble Baroness, Lady Bennett of Manor Castle, quoted from it but, for the purposes of time, left out some words beyond the end of that quote. Recommendation 1 states that there should be a limit of £10,000, which is the figure I have included in this amendment. There should be a democracy of donors, as was spelled out by the noble Baroness, Lady Bennett.

Recommendation 6 of that report figures in the second part of my amendment, in that there should be a reduction in national election spending limits of 15%. That was from the CSPL in 2011; the election spending limits had been in place for five years, at that time, and the committee thought they should be reduced by 15%. Fair enough—they have not been increased, but it has now been proposed that they should be increased by over 60%. Far from the 15% reduction that the CSPL thought was sensible 10 years ago, the Government now propose that they are increased by 60%.

I would put in a case for CSPL’s proposals and recommendations and therefore for my amendment. I also strongly support the other amendments that have been put forward. Perhaps the most powerful—not to decry any of the others—is what I have chosen to call the Rooker-Butler amendment, Amendment 212G, which should put the wind up every political party if it comes into force. It proposes that there should be a “risk assessment” for all donations over £7,500. It seems to me that, as a basis for proceeding further, it can hardly be beaten. But I cannot leave out the amendment of my noble friend Lord Wallace and the noble Baroness, Lady Hayman, that would capture “unincorporated associations” as well—this is recommendation 10 of the Committee on Standards in Public Life’s report of 2011.

I finish by simply saying that the Government may or not be ready to take on the recommendations of the Committee on Standards in Public Life’s report from last year, but, for goodness’ sake, will they please agree to take on those that it made 10 years ago and that have still not been implemented?

[Earl Howe (Con)]

My Lords, this group of amendments brings us to the subject of political donations, and I am grateful for the contributions from all sides of the House on this topic. I have listened carefully and noted the strength of feeling that clearly exists around it.

I will start with a word of general reassurance: the integrity of our political system is of the utmost importance to Her Majesty’s Government and, without doubt, all parliamentarians—the noble Lord, Lord Butler, was quite right in what he said on that score. Therefore, it is vital that the rules on political donations are kept continually under review. We must ensure that they continue to provide an effective safeguard to protect that system integrity.

Therefore, it is right that, as a matter of principle and practice, UK electoral law already sets out a stringent regime of controls on political donations to ensure that only those with a legitimate interest in UK elections can make political donations—and that political donations are transparent. This includes registered UK electors, registered overseas electors, UK-registered companies that are carrying out business in the UK, trade unions and other UK-based entities. Donations from individuals not on the UK electoral register, such as foreign donors, are not permitted. There is only a very limited exception to this, whereby, for political parties registered in Northern Ireland, permissible donors also include Irish citizens and organisations, provided that they meet prescribed conditions. This special arrangement reflects the specific context in Northern Ireland.

In order to address the tabled amendments and contributions as fully as I can, I propose to frame my response thematically. I turn first to Amendments 198,199, 204, 212D and 212E, all of which make reference to alleged “foreign donations”. I am afraid that this group of amendments does not find favour with the Government because they seek to remove the rights of overseas electors to make political donations as well as to remove the right to make donations from non-UK nationals who are registered to vote in the UK. Overseas electors are British citizens who have the right to vote; they are important participants in our democracy, as are non-UK nationals on the electoral register. We intend to uphold the long-standing principle that, if you are eligible to vote for a party, you are also eligible to donate to that party. Amendments 198, 199, 204 and 212D would ignore that principle by removing the rights of overseas electors entirely.

I must repudiate the suggestion of the noble Baroness, Lady Hayman of Ullock, that this is all about increasing political donations to the Conservative Party. The Bill delivers the Government’s manifesto commitment to remove the arbitrary 15-year limit on the voting rights of British expatriates, broadening their participation in our democracy.

The issues at stake here are matters of principle. Supporters of many parties back votes for life. The Liberal Democrats pledged in their two most recent manifestos to scrap the 15-year rule. In addition, one of the most passionate and high-profile campaigns for votes for life has been led by Harry Shindler, who lives in Italy and is 100 years old, a World War II veteran and the longest serving member of the Labour Party. I say to the noble Lord, Lord Sikka, that this measure will not open the floodgates to foreign political donations. Registered overseas electors are eligible to make political donations as important participants in our democracy. It is only right that they should be able to donate in the same way as other UK citizens registered on the electoral roll. I say again: the changes within this Bill will simply scrap the arbitrary 15-year limit on these rights.

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[Earl Howe (Con)]

My Lords, I hope I have already explained how the Government intend to legislate in the future to create greater transparency of companies. As I said at the beginning, all we can do is keep the rules under review. I am suggesting that in this particular area, the balance is about right.

[Lord Stunell (LD)]

I understand that the Government have a point of view on this, but it is clearly in contradiction to that of the Committee on Standards in Public Life, the Electoral Commission and others. Can the Minister expand on his reasoning for rejecting their proposals?

[Earl Howe (Con)]

I will answer the noble Lord’s point about the Committee on Standards in Public Life in a moment, if he will allow. First, I turn to Amendment 200, jointly tabled by the noble Lord, Lord Wallace, and my noble friend Lord Hodgson, which seeks to introduce new restrictions on donations. The amendment seeks to confer additional powers on the Electoral Commission to identify donations that the commission considers to be a risk to national security or that do not meet a “fit and proper test”, to be determined by the Secretary of State.

This is not the commission’s role or area of expertise, and it would therefore be entirely inappropriate to give it this responsibility to assess risks to national security. The commission is simply not equipped to make some of the judgments proposed by this amendment. The commission has said of this proposal that it

“would be a significant change to our current remit and is not a role we are seeking, as the benefits of this proposal over and above the work of the established security agencies are not clear”.

Put simply, countering foreign interference is the responsibility of the Government, the appropriate law enforcement agencies and the intelligence services, not the Electoral Commission.

The Government already work closely with a range of partners, including the Electoral Commission, to maintain the integrity of democratic processes and take the necessary steps to tackle the risk of foreign interference. The cross-government Defending Democracy programme brings together capabilities and expertise from across departments, security and intelligence agencies and other partners to ensure that democracy remains open, vibrant and secure. In support of this, the Government have set out their intention to bring forward separate legislation to counter state threats. This will give our security services and law enforcement agencies the additional tools they need to tackle the evolving and full range of state threats.

The amendment would also require the Electoral Commission to determine whether a donor meets a “fit and proper” test in respect of the integrity and reputation of the person, based on criteria set out by the Secretary of State. It is our view that the rules are already clear about who is a permissible donor. Beyond this, any further judgments about the appropriateness of receiving a particular legal donation are for the recipient of the donation to judge, and for those recipients to justify their decision through scrutiny enabled by the transparency in our system. It should not be for the Electoral Commission to make these judgments on behalf of others.

Counter-Terrorism and Border Security Bill

Debate between Earl Howe and Lord Stunell

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 29th October 2018 Lords Chamber

[Lord Stunell (LD)]

I should like to add to the remarks of my noble friend Lady Hamwee by making two points. First, if one looks at the current situation in Syria, there are clearly many women there who do not have the freedom to leave. Will they have committed an offence simply by virtue of being held as virtual or real captives? These are aspects which need to be looked at quite seriously.

I want also to make the darker point that, at the moment, we are focusing on the Middle East and terrorism as we appreciate it there. However, if this legislation had been in force in 1936 or 1937, I wonder what would have been the realpolitik of designated areas within Spain. We need to understand that legislation passed for one reason can sometimes be adapted and used in a completely unforeseen way or, as I am perhaps suggesting, in a foreseeable way. I would like to hear what the noble Earl might have to say about these two points.

[Earl Howe]

My Lords, it is probably best if I write to the noble Baroness in response to her specific questions. The broad answer is that we have thought of the practicalities. As regards informing people who are already in the designated area that it has been designated and that they therefore have 28 days to leave, there would be FCO travel advice that would almost certainly have pre-existed the designation. The regulations would be given significant publicity, including as part of the requested debate of the designation regulations. There would be a notice on the government website and we would consider other methods of publicity depending on the area being designated.

On the question of the noble Lord, Lord Stunell, about innocent people who have already been caught up in events and the situation within a designated area, the reasonable excuse defence would kick in. As we said in our earlier debates, where it is perfectly obvious that someone is in a designated area for an innocent reason, it is almost unthinkable that the authorities would spend time trying to make a case against them. Their reasonable excuse would be advanced and the circumstances of the case, if they are innocent, would be obvious from the outset. As I have said, we have had the reasonable excuse defence in place for 18 years and, as far as I am aware, there have been no instances of innocent people being arrested or convicted.

That is as far as I can go at the moment, although I am conscious that I have not completely covered the issues raised. However, I will write and copy my letter to all noble Lords who have taken part in this debate.