European Union

Lord Anderson of Swansea Excerpts

Monday 7th October 2024 Lords Chamber

[Baroness Twycross (Lab)]

To keep my answer as succinct as my noble friend the Chief Whip suggested: yes.

[Lord Anderson of Swansea (Lab)]

My Lords, I concede that it is not now the time for a big bang approach, but is there not a danger of being overcautious at a time when our public are ready for a more open approach?

[Baroness Twycross (Lab)]

We need to recognise that the public were clear that they voted for Brexit, which is why this Government are not seeking to relitigate or renegotiate the entirety of the Brexit deal—but we do want to make Brexit work.

Local Planning Authorities: Staffing

Lord Anderson of Swansea Excerpts

Monday 12th February 2024 Lords Chamber

[Baroness Penn (Con)]

My Lords, as noble Lords will know, the Government had a proposed solution on nutrient neutrality that was rejected by this House, including by the Front Bench opposite, holding back the building of thousands of additional homes. The point about more specialist skills is well made. That is why, as part of our planning capacity and capability programme, we are looking to boost specialist skills so that local planning authorities have the skills they need.

[Lord Anderson of Swansea (Lab)]

My Lords, it might not be just a matter of staffing our local planning departments. Do the Government have any concerns about the quality of the planners whom a local authority can recruit, given that the private sector will seek to poach many of the brightest and best?

[Baroness Penn (Con)]

My Lords, the Government are focused on the recruitment pipeline of planners and offering increased skills training to them. We have two schemes providing bursaries for master’s degrees in planning and have commissioned a nationwide survey of the skills and resources in local authorities with planning responsibilities. It will be the most detailed picture of planning capacity in England to date. We expect it to be published this spring, and will use it as an annual baseline to measure progress.

Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023

Lord Anderson of Swansea Excerpts

Tuesday 12th December 2023 Lords Chamber

[Lord Hayward (Con)]

My Lords, we were, I think, discussing the statutory instruments that relate to overseas voters and their registration, rather than a range of other matters. The noble Lord, Lord Rennard, took us down a series of other paths. I will pick up on two or three of them very quickly. On voter ID, a resolution was passed by this House, proposed by the noble Baroness, Lady Hayman, in a previous debate, whereby that process would be reviewed. Equally, the noble Lord made reference to a process that applies in the statutory instrument which is rarely used in this country but is already in law. Therefore, it is not unreasonable that this application should be extended elsewhere.

The noble Lord referred to postal votes in Australia and other parts of the world arriving after the actual polling date. I think I am correct in saying that in many of those domains, such votes have to be date stamped before or on the actual election day, so there is no extension to the election period by that application.

Returning to the SIs themselves, in any process of trying to extend the entitlement to vote, there is a risk that you reduce the level of security of voting. That is inevitable. Whether it is postal votes, an extended period of voting, votes abroad or whatever it may be, there is an increased risk. The question is, how do you find that balance between extension and security of the ballot? These SIs apply the process that was established under the Elections Act a few months ago. Therefore, I do not see a particular issue with them.

On the question of trying to achieve some form of financial largesse, I wish that the noble Lords, Lord Khan and Lord Rennard, had been present—as I think my noble friend Lord Mott and other noble Lords will have been—at meetings of overseas Conservatives, who were certainly not promising vast quantities of money in return for the opportunity to vote. It was just a genuine desire for the opportunity for a vote in a country to which, as the noble Lord, Lord Khan, acknowledged, those people who are most likely to register do still feel committed.

The concentration is naturally on national elections, but we should also be conscious of local elections. As the Pickles report identified, if those have insecure systems, you are far more likely to end up with a corrupt and influenced local authority, many of which have huge budgets, than at a national election, where it would be much more difficult to overturn the result by the levels of registration, which, to be honest, I expect. However, if the suggestion of the noble Lord, Lord Rennard, is taken up—Members of Parliament having constituencies around the world—I am sure that a number of people would be happy to represent Spain, the Canary Islands or France, for example, rather than some of the domains they have in this country. I say that in respect of all sides of the House, not necessarily this side alone.

I will not be supporting the amendment. I approach all these matters with great consideration because they are important, and my reasoning is twofold. First, as I see it, these SIs implement the process that was approved by the Elections Act. They do not result in an undue threat. There are other processes and aspects of election law which are far bigger threats than this. Cyberattacks have been referred to, as has AI in one form or another, along with dubious registration and intimidation.

Two aspects are particularly important. First, as I think Members on all sides of the House agree, electoral law is a complete mess and needs to be consolidated quickly, so that we do not face the problems we do. Secondly, there is the burden imposed on elections administrators, which has also been alluded to. When I was young and an election occurred, you registered and did everything months or years in advance. Now, there is an elections event, which takes place over three weeks, and everything is concentrated into it. We should not underestimate the burden imposed on elections administrators in any number of different ways. If our elections system fails, it will be because our electoral law is inadequately clear—it is a mess—or because the administrators just cannot cope.

It is for those reasons that I will be supporting the Government’s Motion and not the amendment.

[Lord Anderson of Swansea (Lab)]

My Lords, the noble Lord, Lord Rennard, appears to accept that this proposal constitutes a threat to our electoral system, but he says that there are far more severe threats and therefore, among other reasons, he will not support the amendment. I congratulate my noble friend on raising this issue; he is right to do so.

As the noble Lord, Lord Rennard, has done, I would like to point out the danger that this proposal could lead to a vast amount of work for electoral registration officers, as we have seen already. It is certainly quite a weighty SI. I go back in history to the time in the late 1960s when Roy Hattersley first made a concession in this area. Since that time, this thin end of the wedge has been increased and expanded massively.

I would like to hear from the Government whether there has been evidence of fraud as this overseas franchise has developed over the years, and the extent of that fraud. As has been rightly pointed out, the further away you are from the UK geographically, the more likely it is that it is very difficult to verify statements that you make. You can get a friend, perhaps of long standing when you have been abroad for a long time, to do that.

--- Later in debate ---

[Baroness Penn (Con)]

My Lords, I am grateful for the contribution of all noble Lords to this debate. The noble Lord, Lord Khan, started with some of the principles behind expanding the franchise to overseas electors. The noble Lord, Lord Harris of Haringey, also asked about that point. The statutory instruments implement changes made in the Elections Act and were debated substantially then—but it is worth touching on those points now.

Currently, around 1 million overseas UK nationals are eligible to register to vote, but only around 230,000 were registered in 2019. By that measure, they could be seen as the least enfranchised electors of any group. In terms of connections to the UK, British expats increasingly retain strong links with the United Kingdom. Many have family here or plan to return here in future. Decisions made by the UK Parliament on foreign policy, defence, immigration, as we have heard from the noble Lord, Lord Davies of Brixton, on pensions, trade or Brexit affect British citizens who live overseas, and that is why they should have the right to vote in parliamentary elections.

To those who say that it is politically motivated, as we have heard, I believe it is Lib Dem policy to support votes for life, albeit structured in a different way, to establish overseas voters into stand-alone overseas constituencies. It is the view of this Government that it would sever the connection to where the voters previously lived in the UK and create a two-tier system of MPs. So, it is in the interests of UK citizens resident in the UK to be balanced with those living overseas, and distributing electors on the basis of their previous local connection would ensure that.

As my noble friend Lord Lexden pointed out, Labour International also supports votes for life and has addressed some of the questions around this policy in its own words—in particular the point around whether overseas electors are tax exiles or non-doms. Labour International states that

“the vast majority of us are working age or younger and not tax exiles or rich non-doms. Those who are pensioners may have spent a lifetime paying into UK insurance and be dependent on UK pensions and healthcare funding”.

On the connection between paying tax and being eligible to vote, as a matter of principle taxation is not connected to enfranchisement in the UK. If a British citizen can vote for a political party at an election, they should be able to donate to that political party, subject to the transparency requirements on donations. Electoral law already allows registered British expatriates to vote in UK parliamentary elections and make donations. The Elections Act and these statutory instruments make no change to that principle. They merely amend the overseas franchise.

To expand further on the concerns raised by the noble Lords, Lord Khan and Lord Harris, about applicants potentially fraudulently choosing their constituency or registering in more than one location, as now, overseas electors will be entitled to register in respect of only one UK address. The Elections Act 2022 puts in place clear rules regarding where British citizens overseas may register. It must be the address at which they were last registered or, if they were never registered, last resident. As now, their connection to that address must be established before they are added to the register. Individuals applying in contravention of those rules will be providing false information and may have committed an offence. They will be penalised accordingly.

[Lord Anderson of Swansea (Lab)]

How will they be penalised? How can a sanction levied in this country be imposed abroad?

[Baroness Penn (Con)]

Well, as under the current system, all overseas applicants need to prove their identity and their verifiable connection to a UK address. A broad range of offences and penalties applies to persons seeking to register. If the applicant is not registering in compliance with those rules, an electoral registration officer who suspects fraud, for whatever reason, will ask them for further information and will not register the individual if they are not satisfied. So, there may be different routes to enforcement, but the key point here is whether people would be able to get on to the register using inaccurate or fraudulent data. That is what we have put protections in place to prevent. Registration officers are experienced in assessing evidence and, as I have said, as now, when they suspect fraud, they will have the power to ask for further information.

The noble Lord, Lord Khan, also asked about the process for using—

General Elections: Party-political Spending

Lord Anderson of Swansea Excerpts

Wednesday 29th November 2023 Lords Chamber

[Baroness Penn (Con)]

I always enjoy reading articles by my noble friend and I will undertake to read that one.

[Lord Anderson of Swansea (Lab)]

My Lords, to prove the honesty of the intention of donors and the lack of any self-interest, would it not be a good idea to ask any donors of that sort to disentitle themselves from honours?

[Baroness Penn (Con)]

My Lords, that is an interesting question for all sides of this House. Donors to political parties of all colours make huge contributions to our society—not only to our political parties but to many other good causes. They are often leaders in their fields. We should encourage participation in our democracy and not discourage it.

Leasehold Reform

Lord Anderson of Swansea Excerpts

Thursday 23rd March 2023 Lords Chamber

[Lord Anderson of Swansea (Lab)]

My Lords, the only potential benefit I can see is inserting restrictions on non-conforming developments, which the leasehold system provides. It is a good start to call the system outdated and feudal, but can non-conforming developments be prevented by other means, such as the planning system?

[Baroness Scott of Bybrook (Con)]

The planning system will have to be looked into, but I can say that, interestingly, through the recent rent Act, new builds are now no longer or are very rarely leasehold—they are now freehold—so the developers themselves are looking at this. It is more complex in flats and with multiple occupancy, but in terms of houses very few leasehold properties are available.

Levelling Up Fund

Lord Anderson of Swansea Excerpts

Tuesday 24th January 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

First, I say congratulations to Wales on getting the highest amount per capita out of this round. I am sorry; I will have to get an answer to that. I do not know the detail of the agreement, but I will make sure I get an answer to the noble Lord.

[Lord Anderson of Swansea (Lab)]

My Lords, the Minister did not answer one specific question. Were the no-hopers, those who had received money before, warned in advance that they had no chance and spared the effort of putting in a bid?

[Baroness Scott of Bybrook (Con)]

My Lords, I am sure that once they put in an expression of interest for the bids—because it is in two rounds—they would have been told the rules for that second round of bidding.

International Holocaust Memorial Day

Lord Anderson of Swansea Excerpts

Thursday 19th January 2023 Lords Chamber

[Lord Anderson of Swansea (Lab)]

My Lords, I welcome the initiative of the noble Lord, Lord Pickles, I welcome the Stockholm declaration of 2000 and I am delighted that so many events are taking place throughout the country to commemorate this special day. Of course, there have been other genocides in the past—I had the honour of chairing two reconciliation committees of Hutus and Tutsis following the Rwanda genocide—but nothing in history was so systematic, so state sponsored and so vast as the killing of the Jews before and during the war, with a Government using all the tools of extermination for their ends.

This year’s theme is ordinary people. Ordinary survivors were so important in telling the story to our schools. We talk of 6 million Jews. That number is too vast to comprehend. Far more relevant is to look at the suffering of individuals. For example, I think of the number of obituaries of survivors we are seeing now—they are indeed dying out—which are enough to make the stones weep.

Two examples come quickly to mind. One is the woman who was clutching her toddler sister at the gates of a camp when the cane of a camp guard came down and separated them; she never saw her sister again. The other is the woman who was forced to go into the Women’s Orchestra of Auschwitz and had to play, tearfully, as many Jews arrived and waved welcomingly to her. She knew the fate they would have. Any doubters should visit Yad Vashem, the Holocaust museum, and see at the entrance the Polish children’s choir of about 1936, singing what became the Israeli national anthem. Many of them of course did not survive.

Why do and should we remember? Because anti-Semitism is still alive today. The Stockholm declaration asked us not only to commemorate the victims but to honour those who stood against it. There are remarkable stories of those who were the righteous among the gentiles, such as Sir Nicholas Winton, the prime mover of the Kindertransport, who told me that his great regret was that there was a last train standing in Prague station, full of Jewish children who were ready to leave, having said their goodbyes to their parents, with their satchels and their parcels of food, but at that very moment the SS guards arrived and the train was stopped. Many of those children must have died. That was the major regret of the remarkable Nicky Winton.

Such dreadful events should provoke profound reflections among us all. So many people saw their Jewish neighbours being taken away but did nothing against it. We gentiles must ask ourselves: what would we have done in those circumstances? Would we have turned a blind eye, said it was just too much and chosen a quiet life?

The Holocaust, of course, is not a problem of history. It affects us all. It is not like the French Revolution. There are appalling examples of discrimination today in our world. We should remember the horrors of the past and stand up and be counted today.

Constitutional Commission

Lord Anderson of Swansea Excerpts

Thursday 9th June 2022 Grand Committee

[Lord Anderson of Swansea (Lab)]

My Lords, I congratulate my noble friend Lord Griffiths on his willingness to stand in the breach to chair so brilliantly. I also congratulate the noble Lord, Lord Wigley. He and I were on very different sides in the 1970s, when Plaid had a more separatist agenda and I was a member of the so-called gang of six. There has been a degree of convergence since and I am delighted to debate this issue with him. It is topical and timely now, because of the number of initiatives under way, as has been said.

I make a simple point: no institution is static; all institutions are dynamic. No one seriously expects the current settlement between the different nations of the United Kingdom to be the same in, say, five years. There will be some form of development, so the question is: in what form and what direction will it take? Will it be ad hoc, modest, incremental and with no end in sight? Or will it be a more radical project, as perhaps envisaged in the initiative taken by the Government of Wales? That is the basic subject of our debate.

The noble Lord, Lord Wigley, called for options, but we all know what they are. There is a whole spectrum of options. If the noble Lord, Lord Wigley, and I were to sit down together, we would say that at one end of the spectrum is independence; at the other is the status quo. There is a whole series of steps in between. I am personally inclined to favour the more federal or quasi-federal system, perhaps a more ad hoc or à la carte one, as in Spain. That is something I think should be examined well.

I will not touch on the human rights Act the Government are proposing, as I think they could run into great difficulties with the European Convention on Human Rights.

I make one final point: we have been here before. I am old enough to recall the Crowther-Kilbrandon report of 1969 and 1973, which clearly set out the options in parts 5 to 8. That commission, with all the good of the people who put their best endeavours and expertise together, has been forgotten. It is hardly a footnote in an academic treatise. There are surely some lessons for us: we should not be concerned about just options, but the political will to deliver any options around which a consensus may form.

[Baroness Bloomfield of Hinton Waldrist (Con)]

As the noble Lord is going over his speaking limit, perhaps he could bring his comments to an end.

[Lord Anderson of Swansea (Lab)]

Let us be aware of and beware the precedent of Kilbrandon, and decide to deliver.

Shared Prosperity Fund

Lord Anderson of Swansea Excerpts

Thursday 24th March 2022 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I will write to the noble Lord on that specific point with a very fulsome answer and I will lay a copy in the Library. I think it is fair to say that this is a problem not just for Wales: we need to ensure that we do not have these cliff edges—I used to call it “March madness”—where we rush to spend money. Certainly, we should be looking at ways of accruing expenditure to spend it a sensible way to get real value for money for the taxpayer. So, it is a point well made.

[Lord Anderson of Swansea (Lab)]

My Lords, is the Minister aware that our local authorities complain not only about the current confusion but about the limited timespan of the new scheme, which makes long-term planning more difficult?

[Lord Greenhalgh (Con)]

We recognise that, frankly, we have too many funds and that we have to find ways of bringing those funds together to ensure that processes are around delivery and not around grant farming. That is a direction of travel that my department recognises as something we need to improve on in the forthcoming years—but it takes time.

Building Regulations: Sanitary Provision

Lord Anderson of Swansea Excerpts

Wednesday 5th January 2022 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, as we review Part M and think about increasing accessible toilet provision, it is important that we bring along all the devolved Administrations. I take the point on board and we will look for the appropriate opportunity to do so.

[Lord Anderson of Swansea (Lab)]

My Lords, my noble friend has mentioned cafés and restaurants. Public houses are also a partial solution. Should there not be some more effort to encourage public houses, by financing them, to make themselves more available for people?

[Lord Greenhalgh (Con)]

We move from cafés to pubs. Public houses are the bedrock of local communities; they not only provide toilets but most outlets often provide safe havens for people who need safety. This is an opportunity to see them as places that provide not only a commercial service but a community one as well.