Operation Midland

Lord Beith Excerpts

Monday 3rd February 2020 Lords Chamber

[Lord Beith (LD)]

My Lords, in these two cases there was a catalogue of errors and a lack of judgment. While it is important that Governments do not interfere in the investigation and prosecution of crime—anyone who needed reminding of that had only to watch the TV drama about the Stephen Ward case, which illustrated it vividly—what we do expect from government is to ensure that a procedure is in place to learn lessons from monumental failure, so that we know what those lessons are, and then to ensure that they are acted on.

[Baroness Williams of Trafford]

My Lords, that is precisely why the Home Secretary asked HMICFRS to carry out an inspection to determine the extent to which the Met had learned the lessons of Midland.

Operation Midland

Lord Beith Excerpts

Monday 7th October 2019 Lords Chamber

[Baroness Williams of Trafford]

I thank the noble Lord for those questions. On the point about the impact of false accusations on people who are accused, he is absolutely right: the impact must be devastating, and we have heard many a time in this House of people who are falsely accused. It is important in the context of this case to say that the case of Carl Beech is not a typical one. On the contrary, in the context of sexual offences, it is the under-reporting of the crime to the police that is known to be particularly acute. I think that that is what the noble Lord is driving at. He will know that great progress has been made in encouraging people to report crimes. In responding to the issues raised by this case, it is important that we do not undermine this progress, and that victims continue to feel confident about coming forward and that they will be listened to and taken seriously. We do not want any diminution in that, I agree.

Regarding the HMICFRS investigation, obviously, it is a matter for the inspectorate, and we now need to allow it the space to take its work forward as it sees fit. The purpose of the inspection is to consider the Metropolitan Police Service’s progress in learning from the points made by Sir Richard’s report and the learning recommendations of the IOPC report.

[Lord Beith (LD)]

My Lords, I, too, thank the Minister for repeating the Answer and agree that the inspection could bring some useful results. However, we are still left with the fact that Operation Midland seemed to take no account of the inherent implausibility of so many well-known people supposedly acting together to carry out child rape and murder without the knowledge of anybody except Mr Beech. Is the Minister not worried that there is such a wide gap between the conclusions that Sir Richard Henriques drew and those that the IOPC has drawn?

To give one example, Sir Richard points out that it was possible that senior officers knew full well that no judge would grant the applications for search warrants if they were accurately drafted, setting out the undermining factors, and that junior officers with incomplete knowledge of the operation were deployed to make the applications. That is one example among many of his reaching different conclusions. Surely the Minister cannot be satisfied that there is such a wide gap between the IOPC’s conclusions and those of Sir Richard, particularly when the IOPC investigation appears to have been dilatory and lacking interrogation of officers and full examination of documents. Of course, because it was dilatory, some officers would not have appeared in front of disciplinary proceedings, even if they had been recommended. Given the amount of damage done to so many people and their families in this case, can that really be accepted?

[Baroness Williams of Trafford]

The noble Lord points to the need for an institutional overview in the body of the HMICFRS to look into this. Clearly, the Government will look into its findings. We received the IOPC report this morning and will be looking at it with great interest. He is right that the warrants are the most contentious issue in the Henriques report. Was the district judge misled into signing off warrants to search the homes of Lord Brittan, Lord Bramall and Harvey Proctor? He is clear that the IPCC—now the IOPC—should investigate this issue.

Places of Worship: Protective Security Funding

Lord Beith Excerpts

Tuesday 7th May 2019 Lords Chamber

[Baroness Williams of Trafford]

I thank the noble Lord for his points and pay tribute to the work that he did, some of which has been subject to questions from myself. He talks about complacency. I think it is fair to say that we are all complacent until something happens to us—we never quite think that it will. He asks whether this is all for show. No, it is not. As we go into the holy month of Ramadan, there are people who are concerned, and I think it absolutely right to reiterate what is and what will be available to them and to give them reassurance.

The noble Lord states the average and says that it is not much, but there will be different amounts within that. Some will have got more, some might even have got less, depending upon the needs. I do not think, so far as I know, that needs have not been met; that is the most important thing. Of course, if demand changes, that will be considered. He makes a very valid point about advice being given to every place of worship. I do not know what advice is given to places of worship, but it is certainly a good suggestion, as is the idea that a specific person might be responsible for it. Of course, the right reverend Prelate might pipe up and say that in fact this already happens, but I thank the noble Lord for his suggestion.

[Lord Beith (LD)]

My Lords, may I put two points to the Minister? First, the timely and speedy use of intelligence, which has not always been the case in some other countries, is something that we must maintain and ensure. Secondly, with the many thousands of places of worship, the role of volunteers—which has been emphasised by several noble Lords—is absolutely crucial. It is perhaps worth reflecting that in the context of safeguarding against the abuse of children and vulnerable people, those of us who hold office in churches are nowadays required to attend training, particularly to alert us to what might be the signs of a threat or a danger to children or other vulnerable people. There is something of a model there for training volunteers in places of worship in how to spot what might be a dangerous situation, and what would be a sensible and prudent course of action for them to take.

[Baroness Williams of Trafford]

The noble Lord precisely lays out some of the training being done and that will be offered over the next three years. It is not just putting CCTV on buildings. He is absolutely right that intelligence is vital and that in the Church of England, the Muslim community and the Jewish community, which all rely on volunteers—some of their institutions would close without them—those volunteers should be trained and safeguarding measures should be put in place.

Financial Services (Gibraltar) (Amendment) (EU Exit) Regulations 2019

Lord Beith Excerpts

Tuesday 5th March 2019 Lords Chamber

[The Minister of State, Department for International Development (Lord Bates) (Con)]

My Lords, as this instrument is grouped, I will speak also to the draft Gibraltar (Miscellaneous Amendments) (EU Exit) Regulations 2019. As with the previous instruments we have just debated, these SIs are part of the same legislative programme under the EU (Withdrawal) Act that aims to ensure that, if the UK were to leave the EU with neither a deal nor an implementation period, there would continue to be a functioning legislative and regulatory regime for financial services in the UK.

Gibraltar holds a special place within the British family, not only because of our shared history, which stretches back over 300 years, but also because of the priorities and values we share today. The UK Government are committed to maintaining our close relationship, and this will remain unchanged following the UK and Gibraltar’s parallel withdrawal from the EU. In March 2018, at the joint ministerial council with the government of Gibraltar, the UK Government guaranteed that Gibraltar financial services firms’ access to UK markets will continue as it currently is until 2020, in any scenario. These instruments deliver on the commitment made at that council.

In a no-deal scenario, both the UK and Gibraltar would be outside the EEA and outside the EU’s legal, supervisory and financial regulatory framework. Since the current market access arrangements between UK and Gibraltar are, in part, underpinned by the EU framework, without these SIs the UK-Gibraltar framework would also be disrupted. These SIs update existing UK legislation and make amendments to other EU exit legislation to make special provision for Gibraltar and to ensure that UK legislation relating to Gibraltar works properly in a no-deal scenario.

The first SI, the draft Financial Services (Gibraltar) (Amendment) (EU Exit) Regulations 2019, deals primarily with the Financial Services and Markets Act 2000 (Gibraltar) Order 2001, known as the Gibraltar order. This legislation, along with Section 409 of FiSMA, modifies EU passporting rights to allow market access for authorised financial services firms between the UK and Gibraltar. This applies to a range of authorised firms and, importantly for Gibraltar, includes those in the insurance industry. As a result, since this domestic legislation is derived from EU law, in a no-deal scenario, passporting arrangements between the UK and Gibraltar will become deficient.

The draft regulations amend domestic legislation, including the Gibraltar order and Section 409 of FiSMA, to retain the existing passporting framework between the UK and Gibraltar after we leave the EU until at least 2020, in line with the Government’s previous commitment. These provisions are therefore sunsetted and will cease to have effect on 31 December 2020. Currently, EEA firms passporting into Gibraltar can also onward passport into the UK, and vice versa. Consistent with the general removal of EEA passporting provisions in the event of leaving without a deal, the SI also removes provisions enabling this level of access. This will have no impact on UK or Gibraltarian firms.

At the joint ministerial council in March 2018 that I mentioned earlier, the UK Government announced that they will work closely with the Government of Gibraltar to design a long-term permanent framework for market access beyond 2020. This will similarly be based on shared high standards of regulation, enforcement, and regulatory co-operation. While the duration of market access in the SI is contingent on the introduction of a replacement framework, the UK Government are committed to preventing a potential cliff edge in Gibraltar-based firms’ access in 2020 and to providing clarity to Gibraltar’s market. Accordingly, the SI includes a power to extend existing market access arrangements by one year at a time from the end of 2020. This will be supported by a ministerial Statement on progress towards the replacement framework between the UK Government and the Government of Gibraltar.

The second SI, the draft Gibraltar (Miscellaneous Amendments) (EU Exit) Regulations 2019, relates to other, non-passporting arrangements between the UK and Gibraltar in financial services that support market access arrangements. Various references across legislation in retained EU and UK law treat Gibraltar as if it were an EEA state in relation to such arrangements. For instance, Gibraltar, like other EEA states, has home state responsibility in the event of a Gibraltar-based firm becoming insolvent in the UK. Gibraltar-based firms are also included within existing treatments for policyholder and deposit protections, as well as in the EU payments regime for euro transactions.

Following the UK’s withdrawal from the EU, the arrangements between UK and EEA states will change to reflect the new relationship, but we need to ensure that existing arrangements with Gibraltar are not affected by this but maintained.

[Lord Beith (LD)]

With regard to these regulations and the previous ones, as they are quite complicated and relates to the transitional period, if there is one, can the Minister clarify what would happen to these two SIs if there were an agreement under the rapid withdrawal Bill that would have to be passed if there is an agreement? Would these SIs remain as they are now, if carried tonight, or would they have to be wholly or partially suspended?

[Lord Bates]

As regards the other SIs we have been dealing with, we have been saying that in the event of no deal, there would not be an implementation period. If there were a deal—we all hope there will be—there would be an implementation period, and at the end of that period, potentially some of the SIs could come into effect if they were still relevant. However, the point I was making was on the specific commitment that the Government have given to Gibraltar to work up a special arrangement which we hope will be in place before that period, and if it is not in place before that period, there would be the potential to extend these provisions for one year at a time. That is where we are at the moment. Perhaps I will say some more about that, if it would be helpful to the noble Lord, in winding up in response to the debate.

Specifically, these provisions ensure that UK-based firms, Gibraltar-based firms, Gibraltar trading venues and provisions related to arrangements between the UK and Gibraltarian regulators continue to be treated in UK law as they were before exit day. These broad savings provisions also allow the rights or obligations that are dependent on the function of an EU body to instead be performed by the appropriate UK regulator or the Treasury.

--- Later in debate ---

[Lord Bates]

I thank all those who have participated in the debate. Let me try to put a little more flesh on the bones of this process for the noble Lord, Lord Beith, and my noble friend Lord Deben. In the event of no deal we will be left without the necessary legislative framework because the European Communities Act will have been revoked and therefore the body of law will not apply in the UK. We need to make sure that we onshore the current law so that we get a measure of continuity. If that applies to the UK, of course it also applies to Gibraltar. The Gibraltar Parliament has therefore also had to pass its own version of the EU withdrawal Act and is having to go through the process of the onshoring regime, which is what we are doing here. We are in a sense being treated as two sovereign entities.

Let me put a little more structure on to my initial answer to the noble Lord, Lord Beith. As set out in the White Paper on the EU withdrawal agreement Bill, the Bill will amend the European Union (Withdrawal) Act 2018 so that the conversion of EU law into retained EU law will take place at the end of the implementation period instead of on exit day. While the UK remains subject to EU law and before the conversion of EU law into UK retained EU law, there is no requirement for most instruments relating to our exit from the EU to be in force. The intention is therefore that the EU withdrawal agreement Bill will contain provision to delay all relevant SIs that enter into force on exit day until the end of the implementation period. The Bill will also ensure that Ministers can revoke or amend SIs as appropriate so that they effectively deal with any deficiencies arising from the end of the implementation period.

[Lord Beith]

My Lords, that is helpful and it is in the language that we have heard used for other statutory instruments. What it does not tell us is whether these two instruments are among those which can be wholly dispensed with or set aside during the transition period, or whether they will be partly in force even if there is a deal.

[Lord Bates]

To give the level of clarity that the noble Lord seeks, I may have to write to him on that point and copy the letter to others. As I stated earlier, that is our intention. I was at the Joint Ministerial Council as the representative of DfID on that body when those discussions took place. The agreement was that we would have a bespoke piece of legislation dealing with respective access to financial services firms from Gibraltar to the UK market in place by then. That is why the provision was introduced. It says that in the event of it not being in place, there will be the potential to extend the period. However, I will put that in writing.

My noble friend Lord Deben asked how the Government of Gibraltar are preparing for the deal. They passed their own EU withdrawal Act in January 2019 and they are preparing to pass their own programme of EU exit SIs through Parliament to ensure that UK firms currently operating in Gibraltar will retain their market access. The Government will adopt a similar approach to their own EU exit SIs to ensure that Gibraltar has a functioning regulatory framework in a no-deal scenario with mirroring rights and obligations.

Asia Bibi

Lord Beith Excerpts

Tuesday 20th November 2018 Lords Chamber

[Baroness Williams of Trafford]

My Lords, as I said to the noble Lord, Lord Anderson, we continue to urge all countries to guarantee the rights of all citizens in accordance with international standards. Our current position on minorities in Pakistan is set out in the Home Office country policy and the information note that we published, Pakistan: Christians and Christian Converts, which provides background, but it is important that each case involving asylum is considered on its individual facts and merits.

[Lord Beith (LD)]

My Lords, while there may be things that the Government can do or say behind the scenes, and we hope they are doing so, surely the Minister is not trying to cast doubt on the fact that if someone arrived directly from Pakistan into this country who had been through the experiences that Asia Bibi has been through and faced the threat that she now faces, they would have an irrefutable claim for asylum under international law.

[Baroness Williams of Trafford]

I am not trying to cast doubt on anything. Obviously I will not talk about individual cases. Anyone who arrives in this country and seeks asylum is dealt with on a case-by-case basis. I make the general point that this country has been generous over decades and indeed centuries to people coming here to seek our asylum and take refuge. I do not think the attitude of this country towards people who need our refuge should be in any doubt.

Brexit: Economic Effect

Lord Beith Excerpts

Thursday 18th October 2018 Lords Chamber

[Lord Bates]

Certainly the evidence, though not specifically on Japanese inward investment, is that inward investment has been rising since 2015. I know how crucially important inward investment and exports are to the north-east of England. Those of us from that region were immensely proud to be one of the only net-exporting regions of the country. It is a very important element, but exports are continuing to rise and foreign direct investment is continuing to be made into the United Kingdom, up some 16% since 2015. We believe it is in both our EU friends’ interests and, of course, our own that there is a proper deal so that this can continue and unemployment in the north-east can continue to fall.

[Lord Beith (LD)]

My Lords, given what we already know about the potential severe impacts on the north-east, would not the honourable and honest position be, when we know what the deal is or whether there is a deal, to say, “This will cost in terms of jobs and prosperity in the future. If you want us to go ahead with it, we will need your explicit consent in another referendum”?

[Lord Bates]

There has been a referendum, which was endorsed by the votes cast in the general election that took place just last year—over 580 Members of the other place out of 650 stood on a manifesto to implement the decision taken in the referendum. We are now in the position of seeking to implement the decision that was taken in the referendum and endorsed in the general election.

Israel: DfID Secretary of State Meetings

Lord Beith Excerpts

Tuesday 7th November 2017 Lords Chamber

[Lord Bates]

Just a minute—I was making that point. To answer the specific point made by the noble Lord, Lord Hannay, on who is responsible, the Secretary of State provided detail in her statement yesterday of what was discussed in the meeting with Prime Minister Benjamin Netanyahu: the Secretary of State’s family background, her personal journey, the Israeli domestic political scene, India, the Prime Minister’s forthcoming visit to the UK and prospects for closer collaboration between Israel and the UK on development. Should those discussions have been circulated earlier? That is why the Secretary of State apologised and why the Prime Minister accepted that apology.

[Lord Beith (LD)]

The Ministers of this country are representatives of the Government of this country, whether on holiday or official visits. Clearly, there are principles, are there not, which ought to be clear about the support Ministers should have and the kind of reporting that needs to take place. Are these not principles that apply, whatever country was involved?

[Lord Bates]

This case has highlighted some ambiguity in the operations in travelling overseas for Ministers. The benefit that will come from this is greater clarity on what those rules and procedures should be. Clearly, we are entering a very important stage in the UK’s global relations. We want to make sure we are as joined up as possible, working together as a team and leveraging all our personal contacts around the world for the UK national interest. Lessons will be learned, not least by the Secretary of State.

European Investment Bank

Lord Beith Excerpts

Tuesday 31st October 2017 Lords Chamber

[Lord Bates]

The UK is a major shareholder of the EIB, with 16.1%. We do well out of the arrangement, which is one reason why we have an interest in the relationship continuing. However, it is not the only mechanism. We have set up the UK Guarantees Scheme, a £40 billion-fund that could be available for infrastructure projects, and we are committed to moving forward in that spirit.

[Lord Beith (LD)]

My Lords, the Minister will be well aware of the need for this kind of investment in small, high-technology business in the north-east. Will he make a personal effort to ensure that any remaining difference between the EIB and the Treasury over the kind of assurances that need to be given will be resolved, and that the Treasury’s attitude will reflect the urgency, given that the north-east does not have the northern powerhouse funds that other regions do?

[Lord Bates]

That is right. In fact, the Chancellor of the Exchequer met the chair of the north-east local enterprise partnership on his visit to Gateshead on 22 September. As a governor of the bank, he has been at the forefront, advocating a speeding up in recognising the equal rights of UK borrowers, which must be respected and must continue.

Oral Answers to Questions

Lord Beith Excerpts

Wednesday 4th December 2013 Commons Chamber

[The Deputy Prime Minister]

I certainly understand the hon. Gentleman’s sense of urgency about getting these city deals and the second wave agreed, and we are working flat out to get that done. As hon. Members can imagine, there are lots of t’s to be crossed and i’s to be dotted, but we are determined to push through, both in his part of the country and elsewhere, the principle of ensuring that less power is hoarded in Whitehall and that more power, resources and freedom to use them are allocated to local communities, local enterprise partnerships and local authorities.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Given that Northumberland faces more and more onshore wind farm applications on sensitive sites, may I welcome any reduction in the incentive for onshore wind farms, within our total commitment to renewables, which will be maintained, and may I thank my right hon. Friend for his part in this?

[The Deputy Prime Minister]

As my right hon. Friend knows and as the Chief Secretary to the Treasury will confirm shortly in greater detail, we have adjusted the strike prices for onshore wind and to solar panel installations, because we believe it is now viable to do so, and made more attractive further investment in the offshore wind industry, in which we are already a world leader. We must maintain that leadership for the benefit not only of areas such as the north-east, but for the country, all of which would be blighted by an economically illiterate energy policy.

Oral Answers to Questions

Lord Beith Excerpts

Wednesday 2nd June 2010 Commons Chamber

[Mr Speaker]

I call Sir Alan Beith.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

rose—[Interruption.]

[Mr Speaker]

Order. I know that the House wishes to hear Sir Alan Beith.

[Sir Alan Beith]

May I associate my right hon. and hon. Friends with the tributes that the Prime Minister paid to those who have lost their lives in Afghanistan and in the dreadful events in Cumbria?

What means does the Prime Minister hope to use to achieve his stated and very necessary objective of allowing the private sector to expand in the parts of the country, such as the north-east, that depend heavily on public sector jobs?

[The Prime Minister]

The right hon. Gentleman raises an extremely important issue, because we will have to take difficult decisions about public spending; everybody knows that. Let me be clear: no region of the country should be singled out, but he is right to say that some parts of the country have a very high dependence on public sector jobs. In the Budget on 22 June we will need to bring forward ideas that will fire up the private sector—for instance, the idea that any new firm established does not have to pay national insurance for the first 10 employees. I think that will help, but the right hon. Gentleman is right to say that we should also think about ways in which, as we get the private sector growing and make difficult decisions in the public sector, we can help regions that could be adversely affected. The Government are looking seriously at that idea, because we want to take the whole country with us as we deal with the £160 billion deficit bequeathed to us by the Opposition.