Brexit: Outstanding Commitments

Debate between Lord Bates and Lord West of Spithead

Wednesday 6th February 2019 Lords Chamber

[Lord Bates]

I agree with all of that. We certainly agree with my noble friend Lord Hamilton, who made the good point that part of the £35 billion to £39 billion covers the implementation period, which is the two years of ongoing contributions to the European Union. He is also therefore correct to point out that if we left without a deal, there would not be an implementation period, so that money would not be paid. However, there would need to be some mechanism to reach a negotiated settlement, or it would be as a result of a legal challenge in some court.

[Lord West of Spithead (Lab)]

My Lords, how will we deal with things such as the £1 billion we have invested in Galileo, which we will now not be able to use? How will that be resolved—as part of the £39 billion, or separately?

[Lord Bates]

All these figures went into the financial settlement; that is how we arrived at those numbers. As regards our future relationship, that is a matter for the future economic framework, which, once we get the withdrawal agreement through your Lordships’ House and on to the statute book, we can look forward to negotiating with our European friends.

Economy: Budget Statement

Debate between Lord Bates and Lord West of Spithead

Tuesday 13th November 2018 Lords Chamber

[Lord Bates]

My Lords, I begin by mentioning a moment of cross-party consensus. The noble Lord, Lord Davies, began his speech by saying that this had been an excellent debate, and I want to endorse that wholeheartedly from the Government Benches. It has indeed been an excellent debate.

It was particularly helpful, as we sat through the long hours of the debate, to hear such thoughtful contributions on the long-term issues faced by this country. I think here of the contribution on adult social care from my noble friend Lady Eaton, on which the noble Lord, Lord Kerslake, came in; the noble Baroness, Lady Jolly, referring to the funding of mental health care and how assets could be used in that context; the noble Lord, Lord Gadhia, discussing the unwinding of quantitative easing and the role of potential funding mechanisms for that, a suggestion shared by the noble Lord, Lord Macpherson; my noble friend Lady Neville-Rolfe talking about how to reintroduce dynamism into the retail sector; the noble Lord, Lord Shipley, contributing on the issue of housing, born of his great experience in that area; and my noble friend Lady Stroud, speaking also from experience, commenting on pathways out of poverty. I pay tribute to all that she has done over many years in raising this issue and seeking those pathways and ladders out of poverty for the poorest in our society. The noble Lord, Lord Leigh, made an interesting contribution on productivity measures in the information age—he shared that element of the debate with the noble Lord, Lord Skidelsky—and how we effectively measure productivity in the new economy. The noble Baroness, Lady Byford, talked about the future of the rural economy and gave a picture of the potential effect of AI, even in farming. The noble Baroness, Lady McGregor-Smith, continued on the theme of technology and spoke about how we create an economy that is fertile ground for tech start- ups in this country. It has been an excellent debate.

In the debate I was struck by a number of revelations. The outstanding opening speech of the noble Lord, Lord Fox, will be great news to Mrs Fox because my noble friend Lord Wakeham will report back on it. To add to Mrs Fox’s joy, I echo the fact that it was a very good speech. If my noble friend Lord Wakeham happens to know Mrs Bates, perhaps he might offer a similar view about my contribution. One of the most intriguing contributions was the revelation from the noble Lord, Lord Macpherson, who played a distinguished role in the Treasury, serving as Permanent Secretary to three Chancellors at least—perhaps more—of his insight into that fateful Budget for those of us on this side of the House when VAT was applied on fuel. John Major was opposed to that measure and it is reassuring to know that the reason it could not be changed was not because of opposition from the Chancellor but because the Red Book had already gone to the printers. Having suffered severely at the general election that followed on from that issue, I would have offered my services to make manuscript amendments to every copy that had been produced at that time.

This is the third time I have participated in these debates—my noble friend Lady Neville-Rolfe has done more—and I was momentarily heartened when the noble Lord, Lord West, began his speech by saying, “I am not going to be asking for more ships”. We all breathed a sigh of relief at that point, but then he went on to ask how the money would be spent. I shall come back to that in a minute. Another thing I have learned from doing these debates is that when the noble Lord, Lord Skidelsky, whose reputation in the field of economics I have great admiration for, says that he gives the general thrust of the Budget a broad welcome, I know that is when I start quaking in my boots and hope that a flow of paper will come from the far end of the Chamber to help me out.

There has been a great number of contributions to the debate, and I will try to get through as many of the specific questions raised as possible in the time that I have. The noble Baroness, Lady Jolly, began by asking whether £2 billion is enough for mental health. Funding for mental health will grow as a share of the overall NHS budget over the next five years. The NHS will invest up to £250 million a year by 2023-24 in new crisis services for that purpose.

My noble friends Lord Wakeham and Lord Flight and the noble Lords, Lord Macpherson and Lord Shipley, touched on stamp duty land tax. My noble friend Lord Flight was particularly critical of the impact it was having. We reformed stamp duty in 2014 to improve the fairness and efficiency of the tax. The Government continue to support first-time buyers, including by increasing the price at which property becomes liable to stamp duty to £300,000 at the Autumn Budget 2017. This relief means that 80% of first-time buyers will no longer pay stamp duty.

The noble Baroness, Lady Byford, and the right reverend Prelate the Bishop of Chelmsford called for further action on plastics and food waste. The right reverend Prelate declared his passion for the flat white, which henceforth will be in a reusable cup. Defra will be publishing resources on its waste strategy in 2019, which will set out the further actions we intend to take. He also asked about what more we are doing for the environment, as did several noble Lords, including the noble Lord, Lord Hain. The Budget announced a £350 million industrial strategy transformation fund to support businesses in transitioning to a low-carbon future and action on single-use plastics as part of the Government’s wider strategy to address plastics waste, with further detail to be set out in the resources and waste strategy later this year. Subject to consultation, a tax on plastic packaging will be introduced from April 2022. It is not right to say, however, that coffee cups are so rarely recycled. However, there is no practical way to apply the tax to just hot drinks. It would have to be levied on all types of disposable plastic cups, which at this time would not be effective in encouraging reuse.

I pay tribute, as did the noble Lord, Lord Davies, to my noble friend Lord Higgins. The making of his 60th speech on the Budget is worthy of celebration. It is a diamond jubilee. I was going to say it was a diamond speech to go with that anniversary, but we all appreciate the assiduousness and the service he has given to scrutinising the public finances and fiscal measures over the years, in this House, of course, and in the other place as chair of the Treasury Select Committee.

My noble friend Lord Higgins also asked me a specific question about the change to probate fees, as did my noble friends Lord Northbrook and Lady Altmann. I will attempt to respond to it. Charging fees is an essential element of funding an effective, modern Courts & Tribunals Service, thereby ensuring and protecting access to justice. We are introducing a more progressive fee for obtaining a grant of probate, lifting 25,000 estates annually out of the need to pay a fee. The proposed fees range from £250 to £6,000, in line with the value of the estate. No estate will pay a greater fee than 0.5% of its value.

In leading off the debate, the noble Baroness, Lady Smith of Basildon, was concerned that 84% of the benefit of tax cuts goes to the top half of earners. The income tax system is highly progressive. The top 1% of income tax payers are forecasted to pay nearly 28% of all income tax in 2018-19—a higher proportion than in any year under the previous Labour Government.

The noble Lord, Lord Livermore, and my noble friends Lady Altmann and Lord Suri were concerned about the impact of Brexit. They raised a number of concerns; I will not attempt to turn this into a debate on Brexit because there will be many more opportunities for that. I assure them that the Chancellor has established a £15 billion fiscal headroom to be kept aside for Brexit contingencies. With a good deal, which we all hope for, that money can be invested in public services.

The right reverend Prelate the Bishop of Chelmsford and my noble friend Lady Stroud talked about the moves on universal credit and gave some insights. I join my noble friend Lady Stroud in paying tribute to Baroness Hollis. For a brief and painful time, I was the Lords spokesman for the DWP until I put in a plea to the Chief Whip and anyone else who would listen to move off to the Department for International Development—or anywhere else—to get me out of her line of fire. The power of her delivery was incredibly effective; she always narrowed things down from the big picture and the big numbers to individual families and cases, which made what she did so powerful. I take the point made by the noble Lord, Lord McKenzie, that if she were privy to this debate, she would be urging for more and pointing out where more needed to be done.

Some noble Lords referred to comments made on this side in relation to universal credit. A couple of responses from the Resolution Foundation were cited. Its director, Torsten Bell, said that the Budget will benefit some families because it includes giveaways on both the benefits side and the tax side. He went on to say that the Chancellor has delivered a,

“very welcome … £630 boost to low-income families”,

on universal credit. This will mean that the Government’s flagship welfare reform,

“is now more generous than the benefit system it is replacing”.

The noble Lord, Lord West, asked about the increase in defence spending. In the Budget, we invested an additional £1 billion in defence. Page 76 of the Red Book highlights how that will be spent. Of course, that comes in addition to the £1.8 billion announced in the Spring Statement, which will be for defence but will also include maintaining the pace of the Dreadnought programme to ensure our continuous at-sea deterrent.

[Lord West of Spithead]

I also asked whether this presaged the Treasury’s acceptance that it will use central fund money to fund the capital cost of the Dreadnought programme, which had been agreed until 2010 when it was cancelled by Chancellor Osborne.

[Lord Bates]

Can I write to the noble Lord on that, just to make sure that I get it absolutely right? I will certainly undertake to write to him and place a copy in the Library.

The noble Lord, Lord Shipley, asked about Help to Buy and questioned its effect on house prices. He also questioned why the scheme had been extended. Housing developers need notice of any changes, and ending the scheme abruptly in 2021 could disrupt housing supply. Instead, we will have a two-year transition period.

My noble friend Lady Altmann asked about pensions. Some people who earn between £10,000 and the personal allowance are missing out on tax relief on their pension. To date it has not been possible to identify any straightforward or proportionate means to align the effects of the net pay and relief at source mechanisms more closely for the population. The Government are already committed to ensuring that we can deliver a modern digital tax system to make it more effective, more efficient and easier for customers to comply and to reduce the amount of tax lost through avoidable error. This may present opportunities to look afresh at the two systems, and I welcome my noble friend’s continued engagement in this important area.

My noble friend Lady Byford asked about digital infrastructure top lines. The Government are committed to 15 million premises being connected to full-fibre broadband by 2025, with nationwide coverage by 2023.

My noble friend Lord Northbrook struck a chord with a number of noble Lords, including the right reverend Prelate the Bishop of Chelmsford, when he talked about the delay in the introduction of the measure on fixed-odds betting terminals. I know that it is a contentious measure. Fixed-odds betting terminals have been in operation since 2001. We undertook the review. It has now been decided that the maximum stake will be cut from £100 to £2, which is extremely welcome. There has been a well-argued debate in the other place on the timing of that. The Chancellor has set out his proposal for it to be in the autumn of next year. To counter that, there has been a proposal that it should be earlier. However, whether it is in the spring or in the autumn, the reality is that, after many years, that welcome change will be brought in to help alleviate the deleterious effects of that side of the gambling industry.

My noble friend Lord Horam talked about the importance of growth in raising all boats and solving all problems. We agree with that and we need to do more to address that issue.

I was with my noble friend Lord Northbrook almost all the way through his excellent speech until he trespassed on the holy ground of the international aid budget, at which point I broke away a little, because that 0.7% is a badge of hope to the world—I see it day in, day out around the world. We live in a world where 29,000 children under the age of five die every day from completely preventable diseases, which makes us realise that, whatever the demands we face in this country, there are some immense needs around the world, and we have rightly been recognised for introducing that and standing by it.

My noble friend Lady Altmann asked what we are doing for skills. We have funded a £20 million skills pilot to help workers develop digital skills. The noble Lord, Lord Kerslake, asked about measures for local authorities in the short term. The spending review will set budgets from 2020-21 onwards, but the Chancellor used the Budget to announce additional funding to support services. This includes an additional £240 million in the current year.

The noble Baroness, Lady Smith, and the noble Lords, Lord Fox and Lord Macpherson, asked about the effect of ongoing spending on unprotected areas. The Government have been clear that the NHS is their number one spending priority, with an £84 billion increase over the next five years. The noble Baroness also mentioned policing. Police funding was protected in real terms in the 2015 spending review. The 2018-19 settlement gave an additional £450 million to police forces.

The noble Lord, Lord McKenzie of Luton, asked which taxes had helped to recover the more than £185 billion in tax. Since 2010, the Government have secured and protected more than £185 billion of tax that otherwise would have gone unpaid. The noble Lord, Lord Gadhia, asked about PFI and an infrastructure bank. We already have a range of financing support options to deliver infrastructure, including the UK Guarantees Scheme and the British Business Bank.

My noble friend Lady McGregor-Smith talked about the importance of corporate tax revenues and rates for encouraging start-ups, as did my noble friend Lord Wakeham. It is great that we have seen the corporation tax rate fall from 28% to 19% today, and have legislated for it to fall further to 17%.

My noble friend Lady Neville-Rolfe asked what we are doing to increase productivity. The national productivity investment fund has been increased from £31 billion to £37 billion, driving key investments to boost productivity and innovation. I have been given a highly technical note on the points made by the noble Lords, Lord Gadhia and Lord Macpherson, on quantitative easing. In the interest of time, I may write to them on that and place a copy of the letter in the Library.

I have to mention my noble friend Lady Noakes, simply because I noticed from social media that she asked whether I would be listening to her, so I have to show that I did—it is easier for me than replying on social media. My noble friend and the noble Baroness, Lady Kramer, talked about the disguised remuneration loan scheme. There are a number of points here—I think that my noble friend, for whom I have great respect, covered most of them—but HMRC actively encourages anybody who is worried about being able to pay what they owe to get in touch as soon as possible. I will undertake to take her concerns back to the Treasury and respond to them.

I want to end on a note of optimism. I share with the noble Baroness, Lady Smith, that desire for optimism: my blood group is B positive and I like to think that I do not disappoint, so I just say to the noble Baroness that employment is at record levels and wages are growing at their fastest rate for 10 years. Income inequality is at its lowest level since the 1980s. The number of people living in workless households is at a record low. Unemployment is at its lowest level since 1975. Some 1.74 million people have been taken out of tax. We have the highest sustained level of public investment of all time. We have doubled the amount of free childcare. Debt is falling as a percentage of GDP. The deficit is down by four-fifths. The income of the lowest-paid 20% is growing faster than that of the highest-paid 20%. We have seen the largest peacetime increase in spending on the NHS in its 70 years and in the public record. Forbes has declared that the UK is the number one place to do business in the current year, despite all. Exports are at record levels— £620 billion and rising. Some 2,265 overseas investments have been made in the UK. Britain’s hard work is paying off and our economy is fit for the future. I commend the Statement to the House.

Syria-Jordan Border: Rukban Camp

Debate between Lord Bates and Lord West of Spithead

Tuesday 16th October 2018 Lords Chamber

[Lord Bates]

The plan has been put forward and we are familiar with it. It contains some challenges and we are still working through the detail. The UN has expressed some concerns about it. The briefing and support for the leadership of Staffan de Mistura and his reporting back to the UN Secretary-General and the Security Council within the next day or two will be crucial in determining what shape the response to that proposal takes.

[Lord West of Spithead (Lab)]

My Lords, I am sure the Minister believes that Assad will, within the next 12 months, effectively gain control of Syria, with the help of the Russians. He might be a loathsome man—indeed, he is a loathsome man when one looks at what has happened—but the only way to help the poor, benighted people in that country is, surely, for us to have proper links with him and work to the future to look after them? Certainly the end of the civil war is one of the best things possible for the people of Syria because while it continues there will be more deaths and more refugees, and so it goes on.

[Lord Bates]

We are certainly supportive of the fact that the only real solution is for there to be a lasting political discussion. That is why we are putting so much energy into the Syria support group process in Geneva and at the UN. I accept that. There is a particular challenge faced by the effects of Daesh and it was right that the UK played its role as part of the international coalition seeking to drive it out of its bases in Syria.

Paradise Papers

Debate between Lord Bates and Lord West of Spithead

Thursday 14th December 2017 Lords Chamber

[Lord Bates]

The question was about a public register. The UK is the first major economy to issue a public register of foreign-owned companies. We are leading in this; it was a landmark commitment given at the global Anti-Corruption Summit, which David Cameron initiated. So far, it is not required to make sure there is a public register in other jurisdictions. It has to be available to tax authorities and to security authorities in the case of counterterrorist finances. That is what is happening in those jurisdictions at present, but there is still more to do and we are far from complacent.

[Lord West of Spithead (Lab)]

My Lords, does the Minister think the problem might go away because we have responsibility for defence and security of our overseas territories but so few ships that we cannot do it? If we are unable to defend them, maybe they should no longer be British Overseas Territories.

[Lord Bates]

The overseas territories and the Crown dependencies are a very important part of the British family and will be a very important part of global Britain going forward. It is important that, as part of that family, everybody works together to ensure that people who have assets held overseas make sure that they report them in an accurate and timely way to the tax authorities of their countries.

Overseas Aid and Defence Expenditure

Debate between Lord Bates and Lord West of Spithead

Monday 13th November 2017 Lords Chamber

[Lord Bates]

I agree to this extent with my noble friend: we do not want to waste money. That is one of the things we have been driving very hard on in the Department for International Development. I am very happy to meet with my noble friend to discuss how the aid budget is being used and the lives which have been saved as a result of it. I happen to think that one of the things we can be proud of in this country, particularly when we think of the act of Remembrance which took place yesterday, is that we are the only country in the world which actually meets its 2% obligation under the NATO agreement along with our 0.7% aid commitment. That is the type of global Britain which we can all be proud of.

[Lord West of Spithead]

My Lords, in the last two debates on defence, it has been made clear by speakers on all sides of the House, apart from the Government Front Bench, that defence is in crisis and that not enough money is being spent on it. Everyone has said that, and indeed the noble Earl took that message back to the department, so to say that all in defence is fine and rosy is incorrect. One wonders if the Government need to have a reality check on this. I am very proud of 0.7% being spent on aid, but can the Minister assure me that the defence budget is going to get the same protection and be looked after in the same way as the aid budget? I ask this because in the final analysis, strong defence forces help stability, make us all safer, and enable aid to actually be used in these places abroad.

[Lord Bates]

As I just mentioned, the defence budget differs from the aid budget in the sense that it will increase each year in real terms by 0.5%, which is greater than is going into overseas aid. We have announced a national security capability review which is being conducted at the present time. The noble Lord will also be aware of the national shipbuilding strategy which has put in an order for five Type 31e general purpose frigates in addition to the Type 26 frigates ordered in July. We can do both, and we are.

Overseas Development

Debate between Lord Bates and Lord West of Spithead

Wednesday 1st November 2017 Lords Chamber

[Lord Bates]

You could construe it in that way, but another, perhaps a little more generous interpretation, would be to look at the case of the BVI. Its population is about 28,000. We follow GNI limits, which are $12,754 for graduating. One billionaire can make a profound distortion to the noted wealth of that country. In the BVI there are some very poor and needy people who lack the resources to rebuild their communities. We are committed to them not only because they are overseas territories but because of our humanitarian commitment.

[Lord West of Spithead (Lab)]

My Lords, our Armed Forces have a great tradition of helping around the world when there are catastrophes. We used to be able to do this easily because we had decent-sized Armed Forces. Now they are very small, does the Minister not believe that the defence budget should get recompensed when we give this aid in all parts of the world?

[Lord Bates]

That was very much one of the points that we made—we said that we wanted to see that coefficient increase. The military response in the Caribbean was absolutely essential and critical. HMS “Ocean” was there and 2,000 troops helped with the rebuilding process and the reconnection of power lines. They were a great tribute to, and played a great part in, the Government’s humanitarian effort.

Business: Exports

Debate between Lord Bates and Lord West of Spithead

Thursday 6th July 2017 Lords Chamber

[Lord Bates]

There is a factual answer to that—I am not sure whether it will play right into the noble Lord’s hands—which is that the Export Institute is an accredited training provider to the Department for International Trade. It is actually doing that already. The reality is that the future is going to be about exports, and exports outside the European Union: the fastest growing economies in the world are all outside the European Union. We need to broaden our horizons and take advantage of the opportunities. That is going to be the future of business, for which we need to train, and be encouraged and inspired about.

[Lord West of Spithead (Lab)]

My Lords, as regards advice to exporters, what advice are the Government giving to exporters and indeed UK citizens who are dealing with South Korea—a very big market for us—bearing in mind that there is, I am afraid, an inexorable march towards a war within that peninsula? What advice are we giving to our people and our companies there?

[Lord Bates]

These are very complex matters, which are being dealt with at the Security Council. They are on the agenda for the G20 and the Foreign Secretary has made statements about them today. We are taking these matters very seriously indeed. We recognise that the Republic of Korea is a major trading partner for the UK and we want to maintain those relationships and maintain peace and stability on the Korean peninsula.

Draft Investigatory Powers Bill

Debate between Lord Bates and Lord West of Spithead

Wednesday 4th November 2015 Lords Chamber

[Lord Bates]

My noble friend is absolutely right. We talk a lot about liberty and security but in order to enjoy our liberty we must first have security. That is what this is about. I mentioned in the Statement that six terrorist attacks have been thwarted by the outstanding work of our security and law enforcement services over the past year alone. The transparency report which I am publishing here today shows that some 299 people have been arrested in the past year on terrorism-related offences. It shows that the threat is real and the powers are necessary.

[Lord West of Spithead (Lab)]

My Lords, although I agree with the noble Lord, Lord King, that it is a delight to have the Minister in his post, I would have preferred to be in that post myself after the election—but that is a different issue.

This is not before time. It has taken a long time, but we should all celebrate today, as this is good news. We hopefully get rid of the old RIPA, which is discredited—not surprisingly, because it is so old—and of emergency legislation which we passed only because we got ourselves in such a muddle about this. Here is a real opportunity for us to set a gold standard in the ability to protect our people and ensure that we can track these ghastly people who wish to kill us and do us harm, but also to pay due regard to the privacy of the individual. With pre-legislative scrutiny of all the issues we have been discussing and a White Paper, and with sufficient time, there is no reason why we should not be able to do this. We have to realise that we must not delude ourselves: there are people out there who wish to kill us. We know they want to kill us, and there are a large number of them. This is a real threat. Not doing this would be madness.

I get annoyed, I am afraid, by some comments which seem to indicate that our own security forces and agencies are the bad guys and the ones who are threatening us. That is just not true. Some people use emotive language, such as “snoopers’ charter”. The emotive language I would use is that if we do not do something like this, those people are giving the people who wish to kill us a licence to kill—but let us not use emotive language and instead look at this in a balanced way. It has to be done and it is very important that it is done.

Have we really thought about some way of ensuring that there is better data protection, not just in this Bill, but more broadly? We are not as good at it as we should be, which is a real worry. We have to make sure we do it, because people are concerned when data are held anywhere. It is no reason not to do this, but we do need to have some way of making sure that is dealt with.

[Lord Bates]

The noble Lord is absolutely right. This is why it is important to work with communication service providers: this has to be a partnership between the industry, the law enforcement agencies and the Government to make sure that we get this right and that there is a way of doing it which is secure. He is right about the threat being real. I have heard some of the reports from meetings which the Home Secretary has had with families who have been victims of the online sexual exploitation of children. They feel exactly the same way as my noble friend Lord Tebbit feels in terms of the actions which could be taken to ensure that their children and their loved ones do not have to suffer the exploitation which they have suffered at the hands of these heinous criminals.

Surveillance Legislation

Debate between Lord Bates and Lord West of Spithead

Thursday 16th July 2015 Lords Chamber

[Lord Bates]

David Anderson’s report, on which we had a very helpful debate last week, talks about trust, and there needs to be a balance of trust. The issues that are being investigated by our security services and law enforcement agencies are of the most grave and serious nature, so full disclosure is not possible. However, there is an Interception of Communications Commissioner who reviews the decisions taken by the Home Secretary. Should an individual feel that they have wrongly had their communications intercepted, they have the ability to take that up with the investigation tribunal to look into the decision further.

[Lord West of Spithead (Lab)]

My Lords, the Minister will be aware of the splendid report produced by RUSI looking at intercept which comes up with a very practical and sensible way forward on this issue. The report, tying in with Anderson, is written in such a way that it could almost be a Green Paper, and the two of them taken together could be a draft White Paper. We need something in draft by October this year, because we definitely need to have something in front of the House by early February if we are going to meet the sunset clause. Does the Minister agree that it forms a very sound basis for moving forward with this legislation?

[Lord Bates]

I absolutely agree with the report. I received a copy of it yesterday when it was published, and it is a very readable document. It comes alongside the Anderson review, which is nearly 400 pages long, and the Intelligence and Security Committee report in the last part of the last Session. Taken together, in the round, they will enable the Joint Committee, which we hope will begin pre-legislative scrutiny early this autumn, to make faster progress than would otherwise be the case and therefore meet the important deadline of the sunset clause, to which the noble Lord rightly referred.

ISIL

Debate between Lord Bates and Lord West of Spithead

Thursday 2nd July 2015 Lords Chamber

[Lord West of Spithead]

To ask Her Majesty’s Government what assessment they have made of the level of threat posed by ISIL to the United Kingdom.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, we remember particularly at this time the victims of the attack in Tunisia last Friday. We now know that at least 29 British nationals were killed. My thoughts, and, I am sure, those of the whole House, are with the victims and families caught up in this terrible attack. The threat to the UK from international terrorism, including from ISIL-linked terrorism, is severe: an attack is highly likely.

[Lord West of Spithead (Lab)]

My Lords, I thank the Minister for his reply. Although dire, that does not sound like an existential threat or a threat to the existence of our nation. I am looking more externally. In military terms, it makes no sense not to have air attacks in Syria, which means talking with Assad. Also, we need information from Chilcot, because there is now an operational imperative not to make the same mistakes that we made in Iraq. My Question is: what do we see as victory over ISIL? Is it pushing it out of Iraq—that will not be victory; it will still exist in Syria—or finally to defeat it? That will need ground operations in Syria. The prospect of what that means for the whole region is enormous. What do the Government see as “victory”?

[Lord Bates]

Clearly, it is the defeat of the poisonous ideology behind these attacks. On the territorial point, the noble Lord will be aware of our activities in the airstrikes. The RAF has flown 1,010 missions in support of the coalition activity in Iraq. The result of that is that ISIL’s advance has been stopped, and it has lost, according to American sources, some 700 square kilometres of land. Clearly, the point about Syria is pressing. We are providing some training and support there. The Prime Minister said on Monday that there must be a “full-spectrum response” to deal with ISIL,

“at its source, in places like Syria, Iraq and Libya”.

British aircraft are delivering the second-highest number of airstrikes over Iraq. Our surveillance aircraft are already assisting other countries with their operations over Syria and British forces are helping to train the moderate Syrian opposition. That is our response, but we are in no doubt whatever as to what the task is: to defeat ISIL.

Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2015

Debate between Lord Bates and Lord West of Spithead

Monday 23rd March 2015 Lords Chamber

[Lord Bates]

To the extent that social media are messages communicated machine to machine, it does. As to whether the specific examples that the noble Lord, Lord Rosser, talked about, such as tagging on a Facebook page or a tweet, I am going to have to get some further clarification on that and will write to him. But certainly messaging over those platforms would of course be covered.

[Lord West of Spithead (Lab)]

Surely those aspects that the Minister has just touched on, and about which he says he will write to the noble Lord, Lord Rosser, have to be covered otherwise we have not got the coverage that we require.

[Lord Bates]

I do not want to be drawn too much, at this stage, into the content of it. I have said that I will write to the noble Lord, Lord Rosser, and clarify that point. The noble Lord, Lord West, is absolutely right. Here, I tread very carefully, with my noble friend Lord King of Bridgwater waiting in the wings, but the communications data Bill, which David Anderson is undertaking a review on—he will report on 1 May—will need to be considered urgently. The types of deep web communications within the communications data Bill were felt to be an important part of providing our security services with the ability that they need to tackle the growing terrorist threat against us. That will be returned to as a matter of urgency in the new Parliament.

Counter-Terrorism and Security Bill

Debate between Lord Bates and Lord West of Spithead

Monday 2nd February 2015 Lords Chamber

[Lord Bates]

My Lords, this has been an excellent debate. The points which have been raised have in effect focused on six main areas: the threat, the power, the amendments themselves, the draft Bill, the technology and the procedure. With the leave of the House, I will use those as the outline for my remarks.

I shall first say something about the nature of the threat because context is all in the legislation we are bringing forward. The noble and learned Lord, Lord Lloyd of Berwick, expressed his concerns about the nature of the threat. It is important to remind ourselves that since April 2010, more than 750 people have been arrested for terrorism-related offences. More than 210 have been charged and over 140 have been successfully prosecuted. In Committee, the former Director of Public Prosecutions, Lord Macdonald of River Glaven, outlined some of the content of those cases and the intended acts of terrorism which those who were prosecuted had intended to carry out. We were horrified at the list he presented. Let us be clear: we are seeking to address a very real threat.

Other noble Lords, including my noble friend Lord Paddick, have made reference to the use of technology. Perhaps I may put this into context for the benefit of the noble Baroness, Lady Smith. Certain caricatures are not helpful here. Clearly she dealt with one, but let me deal with another one, which is that this legislation has somehow been left on the shelf to gather dust. That is not the case because of the Data Retention and Investigatory Powers Act 2014—legislation that came directly out of the draft communications data Bill. That legislation was taken through this House on a fast-track basis last July. The IP and the technology elements contained in this Bill are also drawn from the communications data Bill. Moreover, since the start of this Government, the Counter Terrorism Internet Referral Unit has secured the removal of 65,000 items from the internet that were encouraging or glorifying acts of terrorism. More than 46,000 of those items have been removed since December last year. At present, content relating to ISIL, Syria and Iraq represents around 70% of the unit’s caseload. I do not want the House to be under any misapprehension as to the seriousness of the threat or that the police and the security services are not making daily efforts using the powers they have to keep us safe, and we should express our gratitude to them.

It is worth making another important point here. To say that taking forward measures of this nature to attack terrorism might somehow be seen as alienating the Muslim community—which was the example that was given—could not be further from the truth. Bombs and bullets do not discriminate between religions and faiths, as we saw in Paris where the personal protection officer for one of the journalists who was also murdered was a Muslim. We need to remember that as we move forward, and we also need to remember that we might not just be looking at terrorism by jihadists. Mohammed Saleem, an 82 year-old Muslim from Birmingham, was stabbed to death by a far right extremist who then went on to try to bomb mosques in Walsall, Wolverhampton and Tipton. These threats cross cultures and religions. We have talked about republican terrorist threats in Northern Ireland, but those are different. What we are talking about here are the specific acts of people who seek to subvert the democratic process and curb people’s freedom and liberty by undertaking violence in order to advance their cause.

Those are the points I wanted to make in relation to the threat, because it is real. Is there a gap? Yes, we believe that there is a gap, and that has been repeated on many occasions. The security services believe that these additional powers are absolutely necessary as a matter of urgency in order for them to work on closing the gap. We must recognise that the nature of the threat is mutating, if I may use that term, on almost a daily basis, such are the advances in the technologies and in the capricious use of them by those who seek to do us harm.

Perhaps I may turn now to the draft Bill which was under consideration. My noble friend Lord Carlile dwelt heavily upon this. We did have a debate in Committee and during that debate I did say that I would look again at what we could actually share with the House at that point. I have to say that we tried—again, I do not want to be caricatured by the notion that the Government took away a request that was made by a highly respected source, the noble Lord, Lord Carlile, and then somehow forgot about it. We worked on that very seriously. When we looked at it carefully, there was a view that the amendments which had been shared with the noble Lords, Lord Blencathra and Lord Armstrong, were draft clauses and in many cases had been superseded by legislation which was contained in the Data Retention and Investigatory Powers Act and in this Bill. It was therefore felt that it would be unsafe to do anything at that stage. Moreover, those particular clauses were under the active consultation and review of the Independent Reviewer of Terrorism Legislation, as well as that of the police and the security services. For a whole host of reasons, it was felt that they would not be advisable. We did try to secure the review for noble Lords, but we were not able to do so at that time.

I turn now to the amendments which are before us. The amendments are significant, and I pay tribute to my noble friend Lord King, who has been tenacious in the way he has advanced his cause and pressed us on this issue over the past week. When a phone went off and the noble Baroness, Lady Smith, commented that it could be the Home Secretary for my noble friend, that might in fact have been the first hour that has gone by over the past week when there has not been a telephone conversation—not that the content of them could ever be disclosed, under any circumstances, under present legislation. There has been regular contact.

My right honourable friend the Prime Minister has said very clearly that he regards this as a priority and as a pressing need. The Home Secretary has said it is a priority and a pressing need. The important thing to say is that we do regard it as a priority, but not the amendments before us at this stage. This is a principal part of what we say to the sponsors of these particular amendments. It is perhaps made more difficult because of the legislative stage we are at with the Bill. We would be faced with sending the 14 pages and 18 or 19 clauses down to the other end, not for them to consider at Second Reading or to discuss and run through in Committee, but for them to vote on in a fairly truncated parliamentary procedure. That might be something which would cause concern. I am simply placing pieces of a jigsaw here to try to explain to my noble friend why, reluctantly, the Government feel that they are not able to support these amendments in their present form.

Then, of course, there is the procedure that we move on to from here, which has been settled. Section 7 of the Data Retention and Investigatory Powers Act says:

“The Secretary of State must appoint the independent reviewer of terrorism legislation to review the operation and regulation of investigatory powers … The independent reviewer must, in particular, consider … current and future threats to the United Kingdom … the capabilities needed to combat those threats … safeguards to protect privacy … the challenges of changing technologies … issues relating to transparency and oversight … the effectiveness of existing legislation (including its proportionality) and the case for new or amending legislation”.

That commitment was made in legislation and has to be delivered by 1 May. Further consideration is under way by the Royal United Services Institute, in addition to further consideration undertaken at the present time by the Intelligence and Security Committee, of which my noble friend is a distinguished former chairman. That work will be extremely important in informing us all in Parliament what the scope and content of that Bill should be.

Finally, I want to come to the point about timing. This is probably the strongest argument which my noble friend Lord King has put forward. The threat is real, and the need is now. We cannot see this as something which can be kicked into the long grass; it has to be a priority for the new Government. I believe that there is just reason to claim that that might be the case and that it may not be subject to the kind of experiences that I acknowledge he may have had with previous legislative arrangements. The Data Retention and Investigatory Powers Act is sunsetted to the end of December 2016. If we work back from that, as we have done, we realise that we need legislation to replace that well in advance of that date, as there certainly cannot be any gap in the coverage of that very important power. If it needs to be in place before that, it necessarily needs to be introduced very early on in the next Session, to allow it to follow its appropriate course through Parliament.

[Lord West of Spithead]

I thank the Minister for giving way. Is he saying then that this will be a manifesto commitment?

Terrorist Attack in Paris

Debate between Lord Bates and Lord West of Spithead

Wednesday 14th January 2015 Lords Chamber

[Lord Bates]

The noble Baroness, who of course has immense experience in this area, will recall that the Home Secretary said that,

“every day that passes without the proposals in the draft Communications Data Bill, the capabilities of the people who keep us safe diminish; and as those capabilities diminish, more people find themselves in danger and—yes—crimes will go unpunished and innocent lives will be put at risk”.

That is a very sober message for all Members of this House to reflect upon.

[Lord West of Spithead (Lab)]

My Lords, just for complete clarity on the government position, will the Minister agree that the Snowden revelations have made us all much less safe and have enabled terrorists now to use methods of communication that we cannot penetrate, and that there will therefore be deaths as a result of what he has done?

[Lord Bates]

That is absolutely right. I also pay tribute to the interventions and remarks that the noble Lord made last night on people trying to present the communications data Bill as some kind of snoopers’ charter. That is absolutely ridiculous and offensive to people who are trying to do a serious job of trying to keep us safe in this country. They deserve our support and do not deserve to be trivialised in that way.

Mediterranean: Refugees and Migrants

Debate between Lord Bates and Lord West of Spithead

Wednesday 5th November 2014 Lords Chamber

[Lord Bates]

It is certainly not the case to say that the Government have been passive on this. My right honourable friend the Home Secretary had meetings with her Italian counterparts last month, and will meet them again this month. We have extended our offers of support and of course we have looked at the countries from which most of these migrants are coming, namely Syria and Ethiopia. We are putting large sums of money—£700 million in the first instance, £360 million in the second—to try and help people to give themselves a proper life at home.

[Lord West of Spithead (Lab)]

My Lords, there is a long-standing commitment that mariners have always had to look after mariners in peril at sea, as the Minister says. It is very difficult to see how those in the vicinity can do anything other than help them, whether the ship happened to be British, Italian or whatever. For those who are actually based down there, surely—by UN law—they actually have to give assistance.

[Lord Bates]

Absolutely, and there is no change. The obligations are there for any military ships or vessels in the vicinity. They know what they have to do in terms of contacting the maritime rescue co-ordination centre and they will be directed to take those people to a safe port or to have those people passed into safe hands.

Parliament Square: Occupy Protests

Debate between Lord Bates and Lord West of Spithead

Tuesday 28th October 2014 Lords Chamber

[Lord Bates]

I am sure, of course, that the noble Baroness would be perfectly free as a parliamentarian to invite them into the House, but perhaps ensure that they do not stay too long.

[Lord West of Spithead (Lab)]

My Lords, does the Minister not think that the situation had become unbearable before this was done? For example, when I was being driven past in my car in my full uniform, they came and stood in front of the car and I managed to stop an incident because my Royal Marine driver said, “Shall I re-educate them, sir?” and I said, “Not today”.

[Lord Bates]

The noble Lord is absolutely right— I fully agree with him.

Children: Online Privacy

Debate between Lord Bates and Lord West of Spithead

Thursday 16th October 2014 Lords Chamber

[Lord Bates]

Yes, indeed, my noble friend is absolutely right. That is why the child exploitation unit command within the National Crime Agency is now able to tap into the National Cyber Crime Unit. There are officers in some 40 different countries around the world. It is also why the Prime Minister will host a conference in December with representatives and partners from more than 50 countries to see what more can be done.

[Lord West of Spithead (Lab)]

My Lords, has the National Cyber Crime Unit now developed tools through the high-tech crime units to enable this sort of hacking to be tracked down more rapidly, because at the moment it is very difficult to attribute it?

[Lord Bates]

The noble Lord is absolutely right. The child abuse image database seeks to convert images into a string of data, which can then be checked across the industry to identify the victims of these crimes to make sure that they are safeguarded. However, the need to develop new technology further is absolutely critical and the work is ongoing.