Emergency Alert System: Fujitsu
Lord Arbuthnot of Edrom Excerpts(1 year ago)
Lords ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Lord Arbuthnot of Edrom
To ask His Majesty’s Government what assessment they have made of the suitability of Fujitsu’s involvement in the UK emergency alert system.
Lord Arbuthnot of Edrom (Con)
My Lords, in begging leave to ask the Question of which I have given private notice, I refer to my entry in the register as an unpaid member of the Post Office Horizon compensation advisory board.
The Minister of State, Cabinet Office (Baroness Neville- Rolfe) (Con)
Fujitsu has had a small role in the development of the UK’s emergency alert system, initially providing a subject matter expert to support early development by DCMS. Emergency alerts are a critical tool in our toolkit for warning people whose lives are at risk.
Lord Arbuthnot of Edrom (Con)
My Lords, I am grateful to my noble friend for that Answer. I have no objection at all to the emergency alert that is to be sent to our mobile telephones on Sunday: it is good for the resilience that the House of Lords Select Committee on risk called for a year or so ago. But why was Fujitsu granted the contract? Fujitsu’s Horizon system caused the sub-postmasters of this country to be shamefully accused of things that they had not done. Some went to prison, some took their own lives and all those accused were humiliated in the eyes of their own communities. Fujitsu, which knew perfectly well what it was doing, has said not a single word of apology. This is already costing the Government hundreds of millions, potentially more. Why has Fujitsu not been taken off the government procurement list?
Baroness Neville-Rolfe (Con)
My noble friend and I agree that the impact of the Horizon scandal on postmasters and their families is utterly horrendous; we used to work together on this when I was on the Back Benches. That is why the Government have set up an inquiry, much encouraged by my noble friend, to get to the bottom of what went wrong and ensure that it can never happen again, as well as providing compensation for those affected.
All government contracts are awarded in line with procurement regulations and transparency guidelines, and that goes for the contract on the alerts. As noble Lords would expect, robust security measures are in place as part of the procurement process.
Preparing for Extreme Risks (RARPC Report)
Lord Arbuthnot of Edrom Excerpts(1 year, 3 months ago)
Lords ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Lord Arbuthnot of Edrom
That this House takes note of the Report from the Risk Assessment and Risk Planning Committee Preparing for Extreme Risks: Building a Resilient Society (Session 2021–22, HL Paper 110).
Lord Arbuthnot of Edrom (Con)
My Lords, we thought we were well prepared. Roger Hargreaves, the director of the Civil Contingencies Secretariat, told us that our national security risk assessment was recognised very positively by Governments across the world, who regarded it as a gold standard for the assessment of risk. The risk of a pandemic was ranked as a highest-priority, tier-1 security risk. Okay, we thought that it would be a flu pandemic, but we were told that, if it were a coronavirus pandemic, it might lead to up to 100 fatalities. Some 211,000 deaths later, we now know that that was an underestimate. We also know that the initial chaotic reaction to the pandemic, not just in the UK but in other countries as well, showed a lack of preparedness that did not justify what can only be described as complacency. This led the Astronomer Royal, the noble Lord, Lord Rees, whom I am delighted to see in his place today, to approach the powers that be to suggest a special Select Committee to examine the ways in which we, first, assess and, then, plan for all manner of risks.
Ours was not a Covid committee, although we learnt from Covid: the country and the world face many different risks, from climate change to volcanos and from solar weather to the potential collapse of technology. It all sounds rather gloomy, which indeed it could have been—and no one would accuse me of being an optimist. But we considered many respects in which our processes could be improved so that we might be able to mitigate some of the threats that we face.
The committee was drawn from a wide range of different skill sets and experience. I pay tribute to the members of the committee for their expertise, dedication and sheer engagement. I think they enjoyed it—I know I did. We were supported by a superb team of House of Lords staff, to whom we could not be more grateful: Beth Hooper and Alastair Taylor, our clerks, and Sarah Jennings, Rebecca Pickavance and others. Your Lordships are lucky to have the quality of help that we received; our work simply could not have been done without it. We also had the benefit of the wisdom and experience of our specialist adviser, Professor David Alexander, professor of emergency planning and management at UCL, to whom we also owe a great debt.
Having thanked the committee and those who helped us, I should also thank the many people who spent a lot of time giving us evidence, both oral and written. I have not counted how many—let us just say that there were lots. It was high-quality stuff, not least from the noble Lord, Lord Harris of Haringey, whom I am pleased to see in his place. I declare my interests, as set out in the register, including as chairman of a resilience advisory company and of the advisory panel of Thales UK.
What we found was this. The risks that we face are changing, and changing faster and getting larger day by day. Technological advances have been a great boon to mankind, but they have brought with them a new dependency on things like electricity and the internet and the threat of the malicious deployment of technologies that previously did not exist. But Governments cannot deal with these risks alone, which is why we were, frankly, dismayed to find, in our evidence-taking, a risk-assessment and risk-management process that was secretive, opaque and centralised. It needs to be just the opposite: it needs to involve the whole of society, up and down the country.
The devolved Administrations are, within their territories, the part of government that needs to respond to threats, so it makes no sense that they have the feeling, as they do, that they are excluded from the loop on risk. Businesses are well used to assessing and managing risks. That is what the insurance industry, for example, does as its day-to-day work. The Government should work with the insurance industry to explore mechanisms which allow for the transfer, management and mitigation of risks which are too large for the private sector to address alone.
Voluntary organisations and communities leaped into action when Covid struck, and they would be ready to do so again. We had things to say about local resilience forums, which we felt should be given appropriate resources and brought properly into the process. Scandinavian countries do that well. Sweden, for example, has issued a pamphlet to every household entitled If Crisis or War Comes, with useful information on food, water, warmth, communications and general preparedness. We can learn from, and should work closely with, the international community to improve our resilience. The Swedish pamphlet was well received and well remembered, which counters the fears that British Governments have had of not wanting to worry the people. People will be less worried if they feel better prepared. The British people should not be treated like mushrooms; they are a valuable resource in times of danger.
When I say that the Government cannot do this alone, I mean that, to avoid complacency and groupthink, we found that they should lay themselves open to independent challenge. That is not easy for Governments, but it is essential. It is, in a sense, the whole point of democracy, and in the Ukrainian disaster we have seen the consequences of an absence of challenge to a dictator. For that reason, we recommended the establishment of an office for preparedness and resilience headed by a new post of government chief risk officer. The OPR should have a standing expert advisory council to provide independent challenge, oversight and strategic direction.
All these preparations should lead towards a comprehensive set of resilience plans. If the first time you try to set up a response to a crisis is when it hits, it is too late. If you do not have the tried and tested relationships between the emergency responders, formed over years of planning, training and exercising, it will be much more difficult to deal with the crisis. Last-minute improvisation is the enemy of good crisis response.
The Government’s old approach was too siloed. They examined risks on the basis of their likelihood as against their predicted impact, but did not include in that trade-off the key issue of our vulnerability to a particular risk. They took little account of cascading risks, and even less of those risks that they regarded as low risk, even if their impact would be very great. An example that no one will be surprised to hear me raise is a large solar flare, such as the Carrington Event of 1859, which could have devastating consequences for our electricity grid. If the electricity grid fails, the water system would fail, because water is pumped by electricity, and communications would fail, because the mobile telephone masts would lose their power. I do not know about your Lordships’ families but, without their mobile telephones, all my family would have nervous breakdowns. That would be a cascading consequence.
Is a massive solar flare—which would certainly have a high impact—a low-risk event? Until about 10 years ago, solar flares such as the Carrington Event were categorised as a one-in-100-year risk. Because there has not been one in more than 100 years, the Government recategorised it as a one-in-200-year risk. That seems an odd approach to probability. Nevertheless, there are some things that simply cannot be predicted; solar storms are one of them, because it is not possible to predict in which direction they will travel and whether they will hit the earth. We might have none in 200 years and then two in two weeks. The proper question to ask about low-risk, high-probability events is: if such a thing happened, would we want to be able to survive it? I hope the answer is yes.
This brings us to the next matter: the difficulty of persuading a Government to prepare for things that might not happen. If you go to the Chancellor of the Exchequer and say, “We need to prepare for something the world hasn’t ever seen before and may not see for the next 20 years but which sooner or later will happen, and we therefore need you to take money away from schools and hospitals that we know we need now,” you are likely to get a dusty answer. But responsible government requires you to do just that.
All Governments must prepare, not just for the enemy at the gate but for the enemy over the horizon and for things that will happen beyond their term of office. That is the rationale behind the Successor nuclear submarines. It is difficult but necessary. A power station investment rejected 10 years ago on the grounds that it would not come on stream for 10 years could now be helping us through the cost of living crisis. We all have to prepare for the longer term. We need to invest in our pensions, building our resilience and mending our roofs while the sun is shining. A stitch in time saves nine.
One key issue our report identified was the need to develop education, training and exercising in crisis management. That is not to say that we can predict everything that will happen and prepare for it. The one thing we know about government predictions is that they will be wrong. But if you are prepared for one type of crisis, the chances are that you might be better able to withstand another type of crisis. That is more obviously true if the key elements of your preparation, education and training are flexibility, agility and diversity. Diversity in your workforce brings particular benefits in avoiding groupthink. If everyone comes from the same educational background, work experience, gender or even country, they are more likely to think alike and have gaps in their approach.
The Government’s response to our report was positive. They accepted, in principle, the vast majority of it, and the two recommendations they rejected were not central themes. However, rather than go point by point through the Government’s response, it would seem more relevant and sensible to consider the new resilience framework that the Government published last month, something they had been working on during the time of our Select Committee and which took up many of the themes of our report.
The Government espouse three core principles. The first is a shared understanding of the risks we face, which speaks to our demand for more openness. That is a noble aim. The framework, however, is shy about our suggestion of independent challenge. I suggest that, without independent challenge, the risk of complacency remains. Parliament will have a role to play in holding the Government’s feet to the fire and ensuring that the Government’s soft words actually butter some parsnips.
The second government principle is prevention rather than cure wherever possible, because a stitch in time saves nine. It is essential that the Treasury is bought into this model. That is easier said than done, particularly during a cost of living crisis. We need, as we said in our report, to avoid the traditional disincentives to invest against possible risks, especially low-probability, high-impact ones. There is something ominous in the words in the framework:
“HM Treasury will continue to ensure that the UK Government is making investment decisions which represent the best value for money.”
That is not because value for money is a bad thing—it is not—but because continuance of the Treasury’s approach is not what is needed. We need, for example, an appropriate depreciation register for critical national infrastructure.
The third principle is that resilience is a whole of society endeavour. That is excellent. Look what happened during Covid—the people are willing and able to be involved.
This resilience framework is a start. Actually, it is a good start. But it can get better, and there is work to be done. I beg to move.
Lord Arbuthnot of Edrom (Con)
My Lords, the hour is late, so I shall be brief. It has not been an apocalyptic, or even a particularly gloomy, debate—he says with a rather sad look on his face. The Minister has been very helpful in making plain that there is further thinking and further work to do. I hope and am sure that this excellent debate will inform that further thinking and work. I want to pick up just one or two points.
I come back to the point made by the noble Lord, Lord Mair, about a register for critical national infrastructure. If you do not have a register and a depreciation register, you do not know when it will be necessary to spend money on critical national infrastructure, which might be rather necessary rather soon.
The noble Viscount, Lord Thurso, made the excellent point that resilience implies redundancy. We had a lot of military input into the work of this committee. General Sir Richard Barrons has said that efficiency is, or can be, the enemy of resilience. The Treasury needs to recognise that.
The right reverend Prelate the Bishop of Leicester took the committee to task for failing to mention faith groups. He made a fair point. That brings me on to the importance of communities. We do not get resilience without strong communities and faith group are right at the heart of strong communities.
That brings me on to my final point, which relates to the issue of “whole of society”, the third principle of the Government’s framework. Elisabeth Braw gave evidence to the committee, and she said in a Times article a couple of weeks ago that while she welcomed the framework in general, it barely mentioned the public. She described it as an enormous missed opportunity. The opportunity is now; the people are ready. Let us bring them in and fire them up and set them free.
Public Procurement (Amendment etc.) (EU Exit) (No. 2) Regulations 2019
Lord Arbuthnot of Edrom Excerpts(5 years, 1 month ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Neville-Rolfe (Con)
My Lords, I welcome the opportunity to debate these SIs, but I have one or two questions of clarification. Luckily, the Minister has already answered my question about the Modern Slavery Act.
As I understand it, the first of the two SIs, in practice, relates to third-country public procurement by the UK. I admit to having a concern about the interests of our own UK businesses and small operators that are involved in procurement. I refer to my registered interests, just in case any might be affected, although the impact assessment suggests that the impact of this order is negligible.
My experience is that we in the UK are more punctilious about enforcement of procurement rules based on,
“transparency, non-discrimination, equal treatment and proportionality”,
and the remedies for breach of any of those; I picked up the wording from paragraph 6.2 of the Explanatory Memorandum. Perhaps the Minister would be kind enough to comment on the risk that the changes will put us at a future disadvantage and not be fully reciprocated by the third countries concerned in the procurement process. If there is a risk, how long will it last? The SI lasts for 18 months, but I am not clear whether that is 18 months altogether or 18 months during which contracts might be let. Of course, procurement contracts often go on for many years.
I was sorry to see that there was no public consultation on this SI, but perhaps my noble friend the Minister can let me know if any concerns have been raised since the SI was published. I fully support the second SI on electronic invoicing. The UK has led the charge in Brussels on permitting businesses and citizens, and people around the world, to take advantage of the magic of online. That includes invoicing, contracts and many basic things. Both in business and as a Minister, this is an area that I have strongly supported and I am glad to see that electronic invoicing continues to apply. Our support for online should continue in third-country and EU procurement, although I know that the latter may be more peripherally affected on this occasion.
Lord Arbuthnot of Edrom (Con)
My Lords, I wonder whether my noble friend can help me. In view of the contingent nature of these SIs, is it the Government’s policy to honour the result of last night’s vote in another place?
Lord Beith (LD)
My Lords, that is a question I shall leave on the charge sheet for the Minister to deal with in a moment. Indeed, there is a wider political question around these statutory instruments to which the Minister delicately referred, in careful language, which is that there are those Brexiteers who argued for Britain’s departure from the EU on the basis that we would be free of all these rules and restrictions, including those which, in sum and on balance, genuinely benefit British industry but which do not always suit either a particular business or a local authority which wants to give the business to some more local concern. This was one of the things that was so often quoted during the referendum debate as something we would get rid of, whereas most of us knew that these were so much to our advantage that, even if Brexit did happen, we would retain many of them, as we see is happening today.
Terrorism: Emergency Communications
Lord Arbuthnot of Edrom Excerpts(5 years, 10 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Arbuthnot of Edrom (Con)
My Lords, I begin by congratulating the noble Lord, Lord Harris, on three things: first, on securing this debate, which is not an easy thing to do; secondly, on his excellent work on London’s preparedness to respond to a major terrorist incident; and, thirdly, on his speech, in which he has said many of the things that I would like to say but has done so with more eloquence, and so I shall not.
I declare my interest as an unpaid member of the advisory board of the Electric Infrastructure Security Council. In recent decades, the West has become increasingly—and is now totally—dependent on one commodity: electricity, as the noble Lord, Lord Harris, mentioned in his speech. Everything relies upon it. Water is pumped by electricity; cash machines operate by electricity; money is maintained and moved by electricity. Without electricity, we would have difficulty cooling the radioactive cores of our nuclear power stations and, without electricity, we would have no WhatsApp or Instagram, and all our children would have nervous breakdowns.
If our electricity were somehow switched off by a cyberattack, by an electromagnetic pulse, even by a solar flare or by other means that may not yet have been invented, we would be in real trouble, but the first thing that we would want to restore would not be hospitals or money but our communications. The Cabinet Office, among others, recognises that our communication is the key to restoring order, reassuring the public and allowing the subsequent restoration of health services, government and finances.
We saw in New Orleans during Hurricane Katrina that the collapse of law and order can happen in a matter of hours, and looting did happen. So the restoration of communications, bringing explanation, information and understanding, is key to what is needed in an emergency such as we are talking about today—by the way, I am a very gloomy person to listen to about most of this because I am more pessimistic even than the noble Lord, Lord Harris.
However, there is one thing working in our favour; that is, smartphones and mobile computing. That is one of the most widely distributed networks—a national set of independent, battery-powered operations. It includes local computing devices and even torches. It is an amazing network which people have bought for themselves, so the Government do not even have to go out and buy it for them. If we can use that system, as the noble Lord, Lord Harris, was talking about, in relation to emergencies, first, to restore communications and, secondly perhaps, to support the delivery of crisis information, so much the better. If that system could also provide some form of digital emergency toolkit, possibly for personalised disaster communication, localised evacuation suggestions or localised suggestion of where to find resources, that would also be so much the better.
What steps are the Government taking on this? The noble Lord, Lord Harris, has talked about the new emergency services network which the Government say is based on the latest technology delivering secure and resilient voice technology and broadband data services. That is very good, even if it is delayed—I shall not quibble about the fact that it is delayed. But will it work if the electricity has gone off?
I recently asked some questions and received some reassuring answers. The first was that a significant proportion of airwave sites were fitted with additional power resilience to ensure that they could run for a minimum of five days on autonomous power. I have also been told that resilience against extended power outages is achieved using a range of technical solutions that include tow-to-site and fixed generators and batteries. That is good as far as it goes, but, first, what happens if the power outage lasts for more than five days? That is, I am afraid to say in my depressed frame of mind, perfectly feasible. If the power outage struck more than just a small area of the country, the demand for back-up generators and new transformers for things all taking place in circumstances of cascading failure of different parts of our infrastructure, would be very difficult to manage.
The noble Lord, Lord Harris, mentioned that we were putting all our eggs in one basket. Has thought been given to identifying and then possibly tasking some form of back-up radio ham network across the country that might be able to operate on vehicles and chip in, if the 4G network were not available? On 4G, we are just about to introduce into the country the new 5G network. As I understand it, the existing 40,000 aerials are going to have be expanded to something like 400,000 aerials. I may be wrong about that—but is not that an opportunity for the Government to design an additional degree of resilience into those new aerials, which would be of great benefit to the country?
Finally, I have read the Government’s Civil Contingencies Act Enhancement Programme. When viewed in the light of the possible loss of electricity, I am sorry to say that it leaves a little to be desired. The public are wholly unaware of most of the contents of that document and of most of the things that they should be doing. I suspect that Ministers, too, are pretty unprepared, and I am sure that they are unpractised in dealing with catastrophic events such as the ones that we are talking about. I would hope not only that Ministers would begin to form plans of what to do in the face of major catastrophes—because forming such a plan once the catastrophe has taken place is not wise—but that they should practice that plan from the top to the bottom of government and the top to the bottom of civil society, because a plan that is not practised is no plan at all.
Oral Answers to Questions
Lord Arbuthnot of Edrom Excerpts(9 years, 1 month ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Prime Minister
What is important is combining economic security and national security, and the two go together. We inherited a £38 billion black hole in our defence budget, but because of the excellent stewardship of the economy by this Chancellor and this Government, we have filled that gap. We are investing in defence, our economy is strong and our country is safe.
Mr James Arbuthnot (North East Hampshire) (Con)
Is my right hon. Friend aware that in connection with the Post Office mediation scheme, the Post Office has just sacked the independent investigator, Second Sight, and told it to destroy all its papers? Does he agree that it is essential that Second Sight’s second report should not be suppressed, but should be supplied to sub-postmasters and MPs, starting with the hon. Member for West Bromwich West (Mr Bailey) and the Business, Innovation and Skills Select Committee?
The Prime Minister
My right hon. Friend makes an important point. I know that he has consistently raised the concerns of some sub-postmasters about the operation of the Post Office IT system and the matter of the Post Office mediation scheme. The Business Committee is currently taking evidence on this issue, and it should be given all the relevant information. The Government should not interfere with the independent mediation process, but I will ask the Business Secretary to write to my right hon. Friend about his concern and to ensure that the Business Committee can do its job properly.
House of Lords (Expulsion and Suspension) Bill [Lords]
Lord Arbuthnot of Edrom Excerpts(9 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr James Arbuthnot (North East Hampshire) (Con)
While we are talking about a Bill of Rights from a few centuries ago, let me check that the wording of new clause 2 is meant to be as printed in the Order Paper, namely that nothing in the Act shall be “constructed” by any court as affecting the Bill of Rights 1689. Should that read “construed”, or is it a special language from 1689?
Sir Tony Baldry
Subject to any advice that the Clerk gives you, Madam Deputy Speaker, I think we all took that as meaning construed, but we know that for these purposes construed and constructed probably mean pretty much the same thing and I do not think anything really turns on it. I am grateful to my right hon. Friend for drawing the House’s attention to that point.
What is important is what commands public confidence. Over the years the issue of parliamentary privilege has detained Committees and the House from time to time, because it has always been recognised that Parliament and parliamentarians need certain rights or immunities to ensure that we can operate freely and independently. In 1999 the Joint Committee on Parliamentary Privilege observed:
“Parliament makes the law and raises taxes. It is also the place where ministers are called to account by representatives of the whole nation for their decisions and their expenditure of public money. Grievances, great and small, can be aired, regardless of the power or wealth of those criticised. In order to carry out these public duties without fear or favour, Parliament and its members and officers need certain rights and immunities. Parliament needs the right to regulate its own affairs, free from intervention by the government or the courts. Members need to be able to speak freely, uninhibited by possible defamation claims.”
Parliament must therefore be free from intervention by the courts, according to the Joint Committee on Parliamentary Privilege.
As we will see, however, at certain times the courts have become involved in the workings of Parliament, and we must consider how we respond to that. It is normal for a democratic state to protect parliamentary independence. Parliamentary immunity has developed throughout the world, not as a constraint on the rights of the citizen but as a fundamental liberty. Parliamentary privilege is not a privilege for parliamentarians, but the privilege of our constituents. Privilege refers to the range of freedoms and protections each House of Parliament needs to function effectively. In brief, it comprises the right of each House to control its own proceedings and precincts, and the right of those participating in parliamentary proceedings, whether or not they are Members, to speak freely without fear of legal liability or other reprisal.
Over time, however, we have seen the development of some grey areas. The Bill was introduced by Baroness Hayman as a private Member’s Bill in the House of Lords. It passed all its stages in the Lords and then came to this House. Under the procedures of this House, the Bill was, very appropriately, taken up by my right hon. Friend the Member for North West Hampshire, who is a former Leader of the House. The Bill had a rather unusual Second Reading in that it was conducted upstairs in Committee, so this is the first time there has been an opportunity in the Chamber to debate the Bill. The Bill touches on who is summonsed to Parliament and who can be a Member of Parliament, so it is right and appropriate that this Chamber should give it reasonable consideration. I was very grateful to the House for providing half a day for consideration on when women bishops might enter the House of Lords. If we are willing to give half a day to whether women diocesan bishops could be given precedence over others to take their place in the House of Lords, it seems appropriate to give equal time to considering other measures relating to the House of Lords, such as those on suspension and expulsion.
My right hon. Friend the Member for North West Hampshire, in a speech to the Conservative spring forum in 2010, observed that there is a grey area on whether parliamentary privilege precluded criminal prosecution of Members of this House accused of false accounting relating to parliamentary expenses. There were suggestions that there should be clear legislative proposals to ensure that privilege cannot be abused by Members of Parliament to evade justice. This has been an issue of some ambiguity for some time. The 1999 Joint Committee on Parliamentary Privilege, chaired by Lord Nicholls of Birkenhead, said it was right for Parliament to regulate its own affairs and that Members needed to be able to speak freely. However, the Committee proposed clarification of the scope of various privileges and in some cases greater powers for the courts to examine proceedings in Parliament. It recommended that all the changes proposed in its report should be embodied in a new and comprehensive parliamentary privileges Act, codifying parliamentary privilege as a whole. Unless I have missed something, I do not think that Parliament ever got around to carrying out the recommendations of the Joint Committee that there should be a comprehensive parliamentary privilege Act codifying parliamentary privilege as a whole.
We have the notion that Parliament controls matters and that both Houses of Parliament control their own precincts and procedures, but that is now sometimes more of a sentiment than an actuality. In 2002, in the case of A v. the United Kingdom, the European Court of Human Rights held that the absolute freedom of speech in Parliament was proportionate and did not violate the European convention on human rights, although—this is an important point—the Court also asserted its jurisdiction over national Parliaments’ privileges. The Court held that a rule of parliamentary immunity
“cannot in principle be regarded as imposing a disproportionate restriction on the right of access to the courts, as embodied in Article 6”
of the European convention on human rights. Moreover, the Court held that the creation of exceptions to that immunity, the application of which depended on the facts of any particular case, would seriously undermine the legitimate aims pursued.
Parliamentary privilege is clearly a living concept. It still serves to protect Parliament and all those involved in its proceedings. Article IX of the Bill of Rights says:
“the Freedome of Speech and Debates or Proceedings in Parlyament ought not to be impeached or questioned in any Court or Place out of Parlyament.”
If that is the case, Parliament needs either to assert that right and say that this is a matter entirely for the cognisance of the House of Lords, or to say that there may be good reasons for others—the courts—to have some involvement and interest in what is taking place. Parliament may well come to the view that the public no longer have confidence in the ability of Parliament, or its individual Houses, to manage their own affairs. That is why, in this place, we agreed by Act of Parliament to have an Independent Parliamentary Standards Authority. I think it was felt by the House of Commons that when it came to commanding public confidence, it was far better to hand over all matters relating to parliamentary expenses to an independent statutory body than to have continuing supervision by the House of Commons itself. I think, by and large, that has helped considerably in restoring public confidence in House of Commons expenses.
There is, therefore, a perfectly credible argument for a system in which, if it was felt that Members of either House had misbehaved so badly, there should be some judicial oversight of the process. One has to decide one way or the other: either we assert the established principle in the Bill of Rights that each House has cognisance over its own affairs, or we say that there may be some judicial oversight. The purpose of new clause 2 is to try to clarify that.
I will of course listen with interest to the explanation of my right hon. Friend the Member for North West Hampshire as to why the Bill is drafted as it is. It may well be that that explanation satisfies the whole House. I well know my right hon. Friend’s ability to explain Bills, because he and I once served together on a Committee considering a Bill to introduce leasehold reform. I remember him very elegantly one afternoon describing, with his hands and words, what a flying freehold and a flying leasehold look like, so I have absolutely no doubt that he will be able to explain to the House the exclusive cognisance of the House of Lords. If there is to be exclusive cognisance of the House of Lords, however, we have to be confident that that will work one way or the other.
Iraq: Coalition Against ISIL
Lord Arbuthnot of Edrom Excerpts(9 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Edward Miliband
I agree that it is right to speak out on these issues—and to speak out without fear or favour—and to pursue the two-state solution that we need.
Edward Miliband
I want to move on if I may to the third part of my remarks.
Some people might accept the criteria that I have set out, but say that it is not our job to intervene because western intervention always makes things worse—we must confront this issue, because it will concern not just Members in this House but people in the country. I understand that argument, but I do not agree with it. Intervention always has risks, but a dismembered Iraq would be more dangerous for Britain. ISIL unchecked means more persecution of the innocent. If we say to people that we will pass by on this one, it makes it far harder to persuade other Arab countries to play their part. Members across the House have been saying that this must be resolved in the neighbourhood and that we must engage the region. We would have less moral authority to say that we want the Arab states to play their part, if we say, “I’m sorry, but this has nothing to do with us. We won’t intervene.” Finally, we should pride ourselves on our traditions of internationalism. Being internationalist and not withdrawing from the concerns of the world is when Britain is at its best.
I want to speak now about the underlying reasons for wariness over action. I am talking here about the 2003 war in Iraq. I understand why some who were in the House at the time will wonder whether this is a repeat of that experience. In my view, it is not, and it is worth setting out why.
First, as the Prime Minister said, this case is about supporting a democratic state. It is not about overturning an existing regime and seeking to build a new one from the rubble, which is a much harder undertaking. Secondly, there is no debate about the legal base for action in Iraq, as there was in 2003. Thirdly, there is no argument over whether military action is a last resort. Whatever side of the debate we are on, no one is saying, “Let’s negotiate with ISIL.” They are not people with whom we can negotiate. Fourthly, there is broad international support, not a divided world, with all 28 EU member states and the Arab League providing support, and five Arab states taking part in action. Fifthly, there is no question of British ground troops being deployed. I understand the wariness there will be in the House and in the country about whether this is a repeat of 2003, but on those five grounds it is not, and it is demonstrably not.
Edward Miliband
I completely agree with my hon. Friend about our responsibilities, and indeed our responsibilities to the people of Iraq.
Oral Answers to Questions
Lord Arbuthnot of Edrom Excerpts(10 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Prime Minister
I am very happy to look at the case the hon. Lady mentions, because some of these pay-offs really are completely unacceptable, and we need to make sure that local authorities properly take responsibility for stopping such high pay-offs. In terms of other parts of the economy, we are making sure that if people are re-employed, having taken these pay-offs, they have to pay back the money. I think that is vitally important, and perhaps it might apply in this case too.
Mr James Arbuthnot (North East Hampshire) (Con)
Does my right hon. Friend agree that a key element of the success of the plan for the Reserves would be if he joined with the Leader of the Opposition in inspiring employers to recognise that its success—because there is no plan B—is in the national interest?
The Prime Minister
I completely agree with my right hon. Friend. This is an important programme for the future of the country. Of course I understand hon. and right hon. Members’ concerns about this, but if we pass the amendment in the name of my hon. Friend the Member for Basildon and Billericay (Mr Baron), that would simply stop us investing in and improving our Reserves, rather than changing the overall stance.
I have noticed that Labour put out a statement today, saying,
“We are not calling for the reforms to be reversed. We are not saying the reforms should be shelved.”
In that case, if they vote against the Government, one can only assume that it is naked opportunism.
Syria and the Use of Chemical Weapons
Lord Arbuthnot of Edrom Excerpts(10 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Prime Minister
There had been a long-standing convention, backed by Attorney-Generals of all parties and all Governments, not to publish any legal advice at all. This Government changed that. With the Libya conflict, we published a summary of the legal advice. On this issue, we have published a very clear summary of the legal advice and I urge all right hon. and hon. Members to read it.
The Prime Minister
I will make some progress and then I will take a huge number of interventions.
I am deeply mindful of the lessons of previous conflicts and, in particular, of the deep concerns in the country that were caused by what went wrong with the Iraq conflict in 2003. However, this situation is not like Iraq. What we are seeing in Syria is fundamentally different. We are not invading a country. We are not searching for chemical or biological weapons. The case for ultimately supporting action—I say “ultimately” because there would have to be another vote in this House—is not based on a specific piece or pieces of intelligence. The fact that the Syrian Government have, and have used, chemical weapons is beyond doubt. The fact that the most recent attack took place is not seriously doubted. The Syrian Government have said it took place. Even the Iranian President said that it took place. The evidence that the Syrian regime has used these weapons, in the early hours of 21 August, is right in front of our eyes. We have multiple eye-witness accounts of chemical-filled rockets being used against opposition-controlled areas. We have thousands of social media reports and at least 95 different videos—horrific videos—documenting the evidence.
The differences with 2003 and the situation with Iraq go wider. Then, Europe was divided over what should be done; now, Europe is united in the view that we should not let this chemical weapons use stand. Then, NATO was divided; today, NATO has made a very clear statement that those who are responsible should be held accountable. Back in 2003, the Arab League was opposed to action; now, it is calling for it. It has issued a statement holding the Syrian regime fully responsible and asking the international community to overcome internal disagreements and to take action against those who committed this crime.
Mr Arbuthnot
I am grateful to my right hon. Friend for giving way. As he knows, a couple of days ago I expected to oppose the Government tonight, but is he aware that his determination to go down the route of the United Nations and his willingness to hold a further vote in this House will be extremely helpful to me in making up my mind tonight?
Mr James Arbuthnot (North East Hampshire) (Con)
In common, I suspect, with all Members, I find this an exceptionally difficult issue. My constituents hate the idea of our getting involved in Syria, and so do I. As I said earlier, I have not yet made up my mind which way to vote, but the Prime Minister’s flexibility over the past couple of days has been extremely helpful.
I should like to look first at the legality of our taking action. The conversations that have been had with the media over the past few days have talked about Syria not having impunity for the use of chemical weapons. The word “impunity” implies that there is a new doctrine of punishment as a reason for going to war—not deterrence, not self-defence, not protection, but punishment. I believe that, if that is a new doctrine, it needs considerably wider international consensus than currently exists.
Andrew Miller (Ellesmere Port and Neston) (Lab)
The right hon. Gentleman is making an important point. The very last sentence of the Attorney-General’s advice says:
“Such an intervention would be directed exclusively to averting a humanitarian catastrophe, and the minimum judged necessary for that purpose.”
So there can be no new doctrine.
Mr Arbuthnot
I want to come to the Attorney-General’s advice. My right hon. and learned Friend is an exceptional lawyer, and therefore I have the temerity to question one aspect of what he says. The third of his conditions to be met for humanitarian action is that
“the proposed use of force must be necessary and proportionate to the aim of relief of humanitarian need”.
I believe that he needed to spell out an additional point that there must be a reasonable chance of success. Therefore, the legality of this action, in my view, depends entirely on the precise action proposed, and that we do not yet know. That is why the Prime Minister is absolutely right to say that we need to have a further vote in the House once it is clearer what action is proposed.
Mark Durkan (Foyle) (SDLP)
Is the right hon. Gentleman’s concern about a possible new doctrine of war as punishment informed by the fact that senior American political sources only last weekend talked in terms of retribution as the basis for taking action against Syria, and that was repeated by a Minister here as well? If the international community takes action on Syria on the basis of retribution as the defining motive, does that not send a very dangerous message and set a dubious standard for the wider middle east?
Mr Arbuthnot
Well, possibly, although there is a question, if there is a new doctrine, about how far it extends. Why was it not used with Mugabe? Why was it not used with Pol Pot earlier? That is why I question the Attorney-General’s advice, with temerity and diffidence, as I say.
What are the objectives of any military strike? My right hon. Friend the Prime Minister said that the objective was to deter and degrade future chemical weapons use. As I understand it, a country that can make a non-stick frying pan can make chemical weapons. Personally, I have found it very difficult to find any country that can make a non-stick frying pan. Nevertheless, if Syria could simply recreate any weapons that we destroy, where would we have got by attacking the chemical weapons? What is the risk of collateral damage? What is the risk of hitting the chemical weapons that we are trying to prevent from being deployed? We need further information on that.
Next is the evidence. I am certainly in a minority in this country and probably in a minority in the House in saying that I personally believed Tony Blair when he said that he believed that there were weapons of mass destruction in Iraq. I am certainly in a minority in the country when I say that I still believe that he was telling the truth as he believed it to be, but I think that he exaggerated the influence of—[Interruption.] I know, I am naive and a silly young thing, but I still believe that he exaggerated the influence and importance of intelligence. I do not think that we have yet got to the bottom of the precise limitations of what intelligence can tell us.
Paul Flynn
During my time in this House, chemical weapons have been used against the Kurds; they were used in the Iran-Iraq war; and they were used against the people in Gaza, in the form of phosphorous bombs—certainly a chemical bomb. Is not the real reason we are here today not the horror at these weapons—if that horror exists—but as a result of the American President having foolishly drawn a red line, so that he is now in the position of either having to attack or face humiliation? Is that not why we are being drawn into war?
Mr Arbuthnot
No, I do not think so. I think the real reason is that unless we do something—it must not be something stupid—Assad will use more chemical weapons time and again. I believe that in order to stop the use of chemical weapons becoming the norm, the world needs to act. The world, however, does not equal the United Kingdom. If the world wants us to act as the international policeman, let the world say so, because when we have done so in the past, the world has not tended to thank us.
It could be argued that it is only we who have the capability to act, but there is a paradox here. We are a country with the fourth largest defence budget in the world, yet attacks could still be made on this country using weapons against which we have no defence. Actually, that is true of every country in the world. We should take that concern into account when we decide how to vote. I believe that it would probably be helpful to support the Government tonight, but next week—or whenever the decision comes up—we will need to take that issue very clearly into account.
Mr Dai Havard (Merthyr Tydfil and Rhymney) (Lab)
A lot has been said already at this late stage but I agree with the powerful points made by the hon. Member for Reigate (Mr Blunt), who talked about the context in which individual decisions are being made. Let us be brutally honest. The Americans were not really interested in the middle east; they were going to look to the far east, and Syria was contained in a number of different ways.
We see on television one brutal reality on the ground, but there is another reality that has not come out, because we never really debated properly how we would arm the rebels. The rebels are already being armed. We know about the Saudi and Qatari money; we know about buying Croatian arms and how they pushed through Jordan. We know about a whole series of grading operations, not by official US forces—no, but there is a lot of “brigadier, retired”, “general, retired”, who are there helping to do what the Americans needed to do, which is to try and find out who could and could not be properly armed. There is a lot of mythology about where we are in terms of the reality of how the Syrian conflict has been contained.
Let us look at what has been proposed today. What are we going to do? Apparently we are going to send in a few Tomahawk land attack missiles to give Assad a bit of a spanking because he has used chemical weapons. That is nonsense and a ridiculous proposition that will lead us to the position that a lot of people have already begun to explain. We cannot write Assad a letter and say, “By the way, the TLAM missile was only to give you a spanking over chemical weapons. It didn’t mean that we were interfering in your conflict in any way, shape or form.” Frankly, that is nonsense. We cannot compartmentalise such activities in the way suggested, and there will be an effect. What will that effect be? Well, there is lots of information about why we are trying to do this. “He has used chemical weapons.” Who has used chemical weapons? The hon. Member for New Forest East (Dr Lewis) dealt with that point earlier in a powerful contribution. It could have been a rogue commander. Assad is not necessarily directing. It could be that the regime’s assets are being used, but who is using them?
I remember being involved in all sorts of discussions about Iranians kidnapping British forces when we were in Iraq—hon. Members may remember that exercise. That was not sanctioned by the central regime in Iran— whatever that might look like—but it was a rogue operation by an Iranian guard commander who saw an opportunity when everybody was on holiday to nick the boat. They obviously took advantage of that as best they could—why would they not?—and we got into all sorts of mess. Do not imagine that under such circumstances, and particularly in a war situation, Assad and his people are so monolithic and well-organised that there are no differences among them. This is difficult information to try to grade out and decide who was responsible on any day for any particular activity.
Mr Arbuthnot
The hon. Gentleman is making a good point. Does he think that if a rogue commander under the Assad regime made use of chemical weapons, the fact that that regime has those detestable and illegal weapons puts responsibility for their use, if they have delegated responsibility, on the Assad regime itself?
Mr Havard
I do not disagree. Those responsible should be punished, although I am not sure that sending TLAM missiles is a punishment. People have mentioned the International Criminal Court, and I agree. These people must be held to account for their actions at some point. We do not now have an immediate almost knee-jerk reaction—it was going to be knee-jerk but it is a week late now—to the situation. The strike is apparently “targeted”, but I do not know what that means. It is targeted in the sense that we know where we will throw the missile, but it is hardly a surgical, contained or compartmentalised activity. Will we do that, or will we have a broader constituency of people who can start to prosecute the idea of bringing those people to account at some time or another?
The idea that if we do not do something now for those stated reasons we will not do anything is nonsense. There are lots of other things that can be done that we should probably have been doing for a long time and will have to do now. We must accept one thing: we will not get anywhere towards resolving the problem for the Syrian people unless and until we grapple differently with the question of those terribly difficult Chinese people and them nasty Russkies. We must incentivise the Russians to be involved in a process that caters for some of their needs. Libya has been mentioned several times, and it has often been said that they are smarting from what happened in Libya. Well, I do not know where we will be on Monday—according to certain reports, we might be here on Sunday—and things might have happened that are out of our control. The Americans might have done something. However, unless and until we can say to the Russians, “Okay. We understand some of your concerns,” and incentivise them to be in the plan, we will not resolve the situation. Any American activity now will not resolve the situation. Later, the UN could agree and we might have to take military action. The idea of sending half a dozen aeroplanes to Akrotiri is a good one, because if some of the whizz-bangs go bang at the weekend, we might well be dealing with a situation in the area—
Oral Answers to Questions
Lord Arbuthnot of Edrom Excerpts(11 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Prime Minister
That is the totally pathetic, pre-scripted rubbish that we get used to every Wednesday. On the issue of who listens to whom, I have a very clear idea of who the right hon. Gentleman listens to, because we heard it in the LSE lecture by Len McCluskey, who said of the right hon. Gentleman:
“I met him and he asked me—‘Len, if you had three wishes, three things that you’d like us to do if we got back into power, what would you like them to be’”?
Len McCluskey’s answer was
“trade union freedoms, trade union freedoms, trade union freedoms.”
That is who the right hon. Gentleman wants to be the fairy godmother to.
Mr James Arbuthnot (North East Hampshire) (Con)
At the time of the strategic defence and security review two and a half years ago, my right hon. Friend said:
“My own strong view is that this structure will require year-on-year real-terms growth in the defence budget in the years beyond 2015.”—[Official Report, 19 October 2010; Vol. 516, c. 799.]
Does that remain his view and has he heard any similar view expressed by the Leader of the Opposition?