Parliamentary Buildings (Restoration and Renewal) Bill

Debate between Earl Howe and Lord Wallace of Tankerness

Report stage (Hansard): House of Lords
Tuesday 3rd September 2019 Lords Chamber

[Earl Howe]

My Lords, I am grateful to the noble and learned Lord, Lord Wallace of Tankerness, for his amendment, which would require the sponsor body’s reports on the progress made on the parliamentary building works to incorporate a timeline for the works that would include likely dates for decant and completion. As the noble and learned Lord said, he tabled a similar amendment in Committee, to the effect that as part of its consultation strategy the sponsor body must publish a timeline for completion of the Palace restoration works, including details on the dates of decant and return to the Palace.

In my response in Committee, I agreed that all noble Lords would—quite obviously—wish to seek further clarity on dates around decant, and I am in absolute agreement with the noble and learned Lord’s point that the sponsor body should publish details regarding decant and completion of the works not just once but throughout the course of the project. Here it is important to convey that the shadow sponsor body has always explicitly recognised that, as part of the sponsor body’s reports as set out in paragraph 27 of Schedule 1, it would rightly be required to include timescales on decant and the progress of the works. I can confirm that the shadow sponsor body is in agreement with this approach and therefore the expectation is that the reports produced by the sponsor body will include information on the timetable for the works, including details on timings for decant and return to the Palace.

I spoke at some length in Committee on various points addressing the issue raised by the noble and learned Lord. However, I thought it important to clarify what the Bill requires the sponsor body to do as regards reporting. Under the Bill, the delivery authority is required to formulate proposals for the parliamentary building works, including the timing of those works. These proposals are provided for in Clause 2(2)(e). Parliament will need to approve the proposals before any substantive works commence. If for any reason those timings change significantly, the sponsor body will need to come back to Parliament for further approval. The parliamentary approval of these proposals, as well as the shadow sponsor body outlining its agreement that the sponsor body should include information relating to the timeline for the works in reports it produces, will, I hope, provide noble Lords with the reassurance that this information will be forthcoming.

This is a matter that will surely interest all noble Lords throughout the currency of the works, whether that is before commencement, during or near their completion, so let me again thank the noble and learned Lord for tabling this amendment. I hope that I have provided him with significant reassurance on this important matter.

[Lord Wallace of Tankerness]

My Lords, I am grateful to both the noble Baroness, Lady Wheeler, and the noble Earl, Lord Howe, for their comments on this amendment, and in particular for the noble Earl’s reassuring words and the wider clarification of the roles of the sponsor body and the delivery authority in these matters. As he rightly said, the timeline for progress, decant and the likely completion is of interest not just to Members but to the wider public. What he has put on the record today is very satisfactory indeed and we look forward with interest to watching progress. With these words, I seek leave to withdraw my amendment.

Investigatory Powers Bill

Debate between Earl Howe and Lord Wallace of Tankerness

Ping Pong (Hansard): House of Lords
Wednesday 2nd November 2016 Lords Chamber

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, we return to the regulation of the press and the outcome of the Leveson inquiry. Yesterday my right honourable friend the Secretary of State for Culture, Media and Sport launched a 10-week public consultation relating to Leveson part 2 and the commencement of Section 40 of the Crime and Courts Act. The consultation will give everyone with an interest in these matters an opportunity to have their say on this vital issue, which affects each and every one of us in this country. I hope noble Lords will welcome this announcement, which shows the Government’s commitment to addressing the issues and recommendations set out in the Leveson report in the most appropriate way.

Before we consider the ins and outs of press self-regulation, it is important that we all remember the context in which we are having this debate: the Investigatory Powers Bill. The Bill’s passage has been a long one, from its inception after three independent reviews, through pre-legislative scrutiny by three parliamentary committees to the thorough scrutiny subsequently applied by both Houses. The Government have recognised the need for consensus on legislation of this significance. They have listened and substantially changed the Bill in light of the scrutiny it has received. Both Houses have improved the Bill.

There is consensus on the need for the Bill. It is one of the most important pieces of legislation this Government will take forward. The Bill will provide a world-leading framework for the use of investigatory powers by law enforcement and the security and intelligence agencies. It will strengthen the safeguards for the use of those powers and it will create a powerful new body responsible for oversight of those powers.

I remind the House that the Bill replaces provisions in the Data Retention and Investigatory Powers Act 2014 that will sunset at the end of this year. The loss of those powers would pose a significant threat to the ability of law enforcement and the security and intelligence agencies to protect the public. I must therefore be clear: the Bill is important for our national security. The Government believe that there should be no delay in the passage of this important legislation.

Yesterday, the House of Commons considered the amendments put forward by this House which strengthened the safeguards in this important legislation and added clarity. It unanimously accepted them all. However, the Commons decisively rejected the amendments put forward in relation to regulation of the media—the press.

[Lord Wallace of Tankerness (LD)]

The noble Earl has made the point that we should have no delay in the passage of the Bill. If your Lordships’ House should in fact support the amendments tabled today in the name of the noble Baroness, Lady Hollins, and the Bill goes back to the other place, when would the other place intend to debate these amendments and when would we get the opportunity to debate them again? Will it be tonight or tomorrow?

[Earl Howe]

My Lords, it will not be that soon. My understanding is that it will not be until after the mini-Recess that we would come to debate these matters again, should the House support the noble Baroness.

Many honourable and right honourable Members in the other place spoke of how this vital Bill was not the place to consider the important, but unrelated, matter of the regulation of the press. They were right to do so. I say to the noble Baroness, Lady Hollins, that the issues she has raised are of critical importance. She herself was treated terribly by rogue elements of the media. As the Secretary of State for Culture, Media and Sport acknowledged yesterday in the other place, we know that in the past some elements of the press abused their position and ignored not only their own code of practice but the law. It was clear to all that there needed to be change.

However, a free press is also an essential component of a fully functioning democracy. The press should be able to tell the truth without fear or favour and to hold the powerful to account. A number of those who spoke in the debate in the other place yesterday made the point that the press self-regulatory landscape has changed significantly over the past four years, since the Leveson inquiry reported. It is therefore surely right that the Government now take stock, look at the changes which have already taken place and seek the views of all interested parties on the most effective way to ensure that the inexcusable practices which led to the Leveson inquiry being established in the first place can never happen again. I hope that noble Lords who have spoken so passionately on this issue will take the opportunity to contribute to the consultation in order that we get a broad range of evidence on which to make decisions.

I am the first to acknowledge that the issue of press regulation is a vitally important one. It deserves the fullest consideration, consultation and debate, but the Bill is vitally important as well. It will provide our law enforcement and security and intelligence agencies with the powers that they need to keep us all safe. I contend strongly that this Bill is simply not the place to try to regulate the press. Given the events of yesterday and the new consultation, which is the right way to approach the issue of press self-regulation, I invite noble Lords not to insist on the amendments that have been tabled and not to delay further the passage of this vital and world-leading legislation, which is essential to the safety and security of us all. I beg to move.

Report of the Iraq Inquiry

Debate between Earl Howe and Lord Wallace of Tankerness

Wednesday 6th July 2016 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, I too thank the noble Earl, Lord Howe, for repeating the Statement this afternoon, and I too begin by paying tribute to all the service personnel and civilian staff who served bravely and with distinction in Iraq and to their families. I do so particularly in remembrance of all those who lost their lives, and I also remember the countless thousands of Iraqi citizens who died in the conflict. Indeed, today we have heard that the number of people killed in a suicide attack in Baghdad at the weekend has risen to 250. That is the latest in a much-too-long list of terrorist outrages in Istanbul, Paris, Brussels and—11 years ago tomorrow—London.

Today we have seen the judgment of Charles Kennedy to lead my party in opposition to the war in Iraq, back in 2003, as truly vindicated. His words at the time, in a debate in the House of Commons, were profoundly and devastatingly prophetic. He said:

“Although I have never been persuaded of a causal link between the Iraqi regime, al-Qaeda and 11 September, I believe that the impact of war in these circumstances is bound to weaken the international coalition against terrorism itself, and not least in the Muslim world. The big fear that many of us have is that the action will simply breed further generations of suicide bombers”.—[Official Report, Commons, 18/3/03; col. 786.]

The Chilcot report sets out clearly that the United Kingdom chose to join the invasion of Iraq before the peaceful options for disarmament had been exhausted. Military action was therefore not a last resort. The inquiry concludes that the judgments made about Iraq’s capabilities were not justified and that the Joint Intelligence Committee should have made it clear that the assessed intelligence had not established beyond doubt either that Iraq had continued to produce chemical and biological weapons or that efforts to develop nuclear weapons continued.

However, there can be no satisfaction in saying that we got it right at the time. Instead of improving our security, the war that ensued in Iraq has, sadly, made our country and our world less safe. The choices made by those at the time to go to war have contributed to a failed state that continues to be a source of extremism and instability across the Middle East. The decision to lead UK forces into the invasion and the occupation of Iraq in 2003 not only meant that we took our eye off the ball in Afghanistan at a crucial time in our military engagement there but directly contributed to the continued instability in the Middle East and the threats that the world now faces from Daesh.

Of course the terrorists themselves are responsible for these horrific attacks, but the actions of a Government were responsible for helping to create the vacuum in which terrorism was allowed to develop—actions taken despite being advised by the Joint Intelligence Committee that such a development was a risk. Its assessment on 10 February 2003 concluded that,

“al-Qaida and associated groups will continue to represent by far the greatest terrorist threat to Western interests, and that threat will be heightened by military action against Iraq”.

Perhaps one of the more devastating and shaming findings of the report is that the United Kingdom failed to plan or prepare for the major reconstruction programme required in Iraq. That, together with the exaggeration of the threat posed by the Iraqi regime to the public to justify this war, has damaged public trust. It has damaged our country’s standing in the world and has almost certainly undermined the ability of the United Kingdom to intervene abroad to prevent crimes against humanity. A further consequence has been hundreds of thousands of Iraqis fleeing their country as refugees, in turn resulting in millions of Iraqi children missing out on education, which has resulted in yet another generation of young people growing up without hope for the future.

It is easy for us all to agree that lessons must be learned, so what do the present Government consider to be the most important lessons that can be learned from this report? How have the Government addressed the issue of legal advice in such situations so that never again can it be said that the circumstances in which it was ultimately decided that there was a legal basis for the action taken were “far from satisfactory”? Will the noble Earl reflect on the governance issues—on the one hand, so-called sofa government and the inadequacies of that, but also the difficulties and dangers that we have if we have an ineffective Opposition unwilling to challenge and scrutinise?

Does he agree that we must reaffirm this country’s commitment to the international rule of law, and to collective decision-making through the institutions of the United Nations? Does he agree that before we would ever commit to further armed interventions in the future, it is vital that we have a post-conflict reconstruction plan, as well as an exit plan? Finally, does he share my concern over findings such as that at key times,

“UK forces in Iraq faced gaps in some key capability areas”?

Has any assessment been made of the extent to which such gaps could have contributed to casualties? Can he reassure the House that in future there will be transparency on the preparedness of our troops to be deployed for war, and the adequacy of the equipment and logistical support that they are fully entitled to expect?

[Earl Howe]

My Lords, I am grateful to the noble Baroness and the noble and learned Lord for their comments and questions. May I first associate myself with the tribute that they each paid to our Armed Forces, and with their references to the implicit duty to have systems in place to ensure that we treat the members of our Armed Forces and their families fairly, particularly soldiers, sailors and airmen who suffer grievous, sometimes life-changing, injury? That is why, with support from all political parties, the previous Government were proud to have put into law the principles of the Armed Forces covenant—which, of course, can never produce a perfect situation. But we are constantly working at it, and I think it has produced a very much better and fairer system for our brave service men and women. It is notable that 1,000 businesses and organisations have now pledged their support for the covenant in various ways.

Both the noble Baroness and the noble and learned Lord referred to the importance of reliable intelligence. Successive Governments have implemented the recommendations of the 2004 Butler review about the way in which intelligence is used in government. When the coalition Government came into office in 2010 we introduced the consolidated guidance to provide clear direction to intelligence officers about obtaining and using intelligence from sources overseas. Formal routes for challenge and dissent within the intelligence community have also been established and strengthened, which is an important innovation. We ensured that at the very beginning of every National Security Council meeting, the Joint Intelligence Committee chair provides relevant intelligence assessments, so that we know what basis of intelligence and other information we have at our disposal. Through the Justice and Security Act 2013 we improved the oversight of the security and intelligence agencies.

The noble and learned Lord asked a profound question about whether the invasion of Iraq created a vacuum for terrorists, and whether we are therefore less safe as a result. It is never possible to prove a counterfactual—what would have happened if Iraq had not been invaded—but I would point noble Lords’ attention to a passage in Sir John’s report in which he says explicitly that the JIC’s assessment in February 2003 was that the threat from al-Qaeda,

“will be heightened by military action against Iraq. The broader threat from Islamist terrorists will also increase”.

As we reflect on the report in the days and weeks ahead, we should perhaps reach our own conclusions about whether the judgment of the Government at the time to downplay that advice was the right one.

The noble Baroness, Lady Smith, referred to the virtues of ad hoc Cabinet committees, and the noble and learned Lord criticised the practice of what he called sofa government. These are exactly the reasons why, when the coalition Government came into office six years ago, the National Security Council was established as a Cabinet sub-committee. It is not an ad hoc committee; it is a standing committee. Indeed, the noble Baroness asked why it met only during parliamentary term times. It meets every week during parliamentary terms but it also meets, with officials only, in the recess as well, and it can advise the NSC, as a full committee, to meet if required. For example, that happened during the Libya campaign.

The noble Baroness also questioned whether it might have been wise for the Chilcot panel to have had legal assistance or legal representation within it. There are a number of different ways of constituting inquiries, as she will know. The then Prime Minister, Mr Brown, decided that a committee of privy counsellors should conduct the questioning of witnesses themselves rather than through counsel. I think that most people will feel, when reading the report, that they succeeded very well in managing the hearings that took place.

I am the first to say to the noble Baroness that the report makes no inference or statement that anyone in government acted in bad faith. The decisions that were taken rested clearly on the judgment of Ministers—in particular, Mr Blair. I think that we all need time to digest the report and reach measured conclusions of our own as to whether we believe that the judgments made were well founded. That is for another day perhaps, but it is clear that the need for Ministers to have a proper framework for decision-making is very powerful. Again I come back to the National Security Council, which I think is doing a good job in that respect, although I would be the last to claim that no improvement could ever be made to the decision-making process.

I end by saying that the task for us all now is to look at the report in detail. We should examine how further to improve our structures, policies, the procurement systems that we have and training. We should recognise in all humility that there is always more we can do to improve what we have, and that not every improvement sticks. Certainly, the aim of the Ministry of Defence is to become an organisation that is able constantly to adapt, to manage its resources properly, and to deploy our Armed Forces in defence of the nation efficiently and effectively. I think that a great deal of progress has been made in those regards since 2003, but there is always more to do.