Preparing for Extreme Risks (RARPC Report)

Debate between Lord Berkeley and Baroness Neville-Rolfe

Thursday 12th January 2023 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I think the noble Lord is right that the main focus is on the next five years, but I will perhaps come back to him to discuss that point further. It is clear from what I have been saying that we are looking at extreme risks, and they are not necessarily going to arrive tomorrow, so I understand and sympathise with the point he has made.

The second step is strengthening the crisis and resilience structures in the Cabinet Office with the creation, as I have said, of the resilience directorate and the COBRA unit. We are responsible for resilience planning and national crisis response, working closely with departments which have sectoral responsibilities. This includes identifying, planning and preparing for risks, and building capacity to respond effectively. The changes to how it is organised will help to ensure that the Government have the capacity and capability to respond to emergencies, which is obviously particularly important in the wake of Covid-19.

Thirdly, we are working to improve our resilience to chronic risks and vulnerabilities, such as climate change—which was emphasised by the noble Viscount, Lord Thurso—and artificial intelligence. We have recognised that this type of risk poses continuous challenges over time to communities, the economy and security, and requires a different type of response to more acute risks, such as flooding or terrorism.

The scale of the risks we face has required a new strategic approach to resilience. That is why we published the UK Government Resilience Framework in December, which previously had the working title of “national resilience strategy”, to respond to a point made by several noble Lords. It is a new strategy which is already being implemented across government. It reflects our ongoing commitment to resilience which we made in last year’s integrated review, and the new strategic approach will be reflected in further publications this year, with the refreshed national risk register, the updated biological security strategy, and the update to the integrated review itself, which has also been promised.

[Lord Berkeley (Lab)]

The noble Baroness has given us some good information about progress being made but, as the noble Lord, Lord Arbuthnot, said in his introduction, this is all a question of when it is going to happen and having some independent monitoring of progress. Does she not think that it would be a good idea to have something independent, rather like the Infrastructure and Projects Authority, as I mentioned? I can quiz her further when she comes to meet our Select Committee next week, but I would really rather hear it now.

[Baroness Neville-Rolfe (Con)]

I thank the noble Lord for his intervention, and I will reflect further on the best way of satisfying him.

I emphasise that the framework is important and strategic. It strengthens the systems, structures and capabilities which underpin the UK’s resilience to all risks and those that might emerge. It is based on three key principles. The first is a shared understanding of the risks we face. The second is a focus on prevention rather than cure, wherever this is possible, as several people have mentioned. Some risks can be predicted or prevented, but it is more difficult to do so for others. The third principle is of resilience as a whole-of-society endeavour. Everyone seems to agree on the importance of that. We are more transparent, and we want to empower all parts of society to make a contribution, so I was glad to hear from the right reverend Prelate the Bishop of Leicester about the possible role of faith groups and volunteers of all kinds. He is right about the contribution they make in crises, as I know from the work of the churches in my own local area of the Nadder Valley. Faith groups are also part of the local resilience forums. In London, for example, we have a voluntary, community and faith sector sub-group—but the key message is about resilience as a whole-of-society endeavour. Covid taught us the value of that.

Nobody has mentioned this, but central to delivery on those three principles is improving the communication of risks and impacts. We want people to better understand what they may actually experience, and what they can do to protect themselves, their families and their communities. We must drive early action on risks; that is at the core of the framework.

Some noble Lords will have looked at the framework, which sets out our ambition to 2030. It includes improved risk communication by growing the Government’s advisory groups to bring in experts, academics and industrial partners. We are strengthening local resilience forums, which has included extra DLUHC funding to improve multi-agency planning. I should say that my husband is chair of a parish council, so I know that resilience systems already assist in great detail towns and villages, and how important that was in marshalling voluntary effort during Covid. We need to build on those sorts of strengths. The measures include delivering a new UK resilience academy built up from the Emergency Planning College, thereby making world-class professional training available to all who need it. I have a lot of material on that, if noble Lords are interested. We are also establishing a new Cabinet sub-committee of the National Security Council. I suspect that we will have many more debates, because we are introducing an annual statement to Parliament on civil contingencies risk and the UK Government’s performance, which I hope will help noble Lords to hold us to account.

Procurement Bill [HL]

Debate between Lord Berkeley and Baroness Neville-Rolfe

Committee stage
Monday 4th July 2022 Grand Committee

[Baroness Neville-Rolfe (Con)]

My Lords, I very much welcome the question of the noble Lord, Lord Scriven, about local authorities. They are so often underappreciated and undervalued, and we need to know what can and cannot be done in a collective way—the question he is rightly probing. For example, a simple question would be: for planning services—where my committee has identified a huge shortage of talent and resources in some planning authorities—could you have a collective procurement, and would that be caught by this Bill?

I also ask what the GPA does on telecoms and the internet infrastructure. I must say that I tried in vain, as a Minister, to get contracts for the roll-out of infrastructure around Washington DC—there was not a level playing field. I fear that overseas interests will benefit preferentially from this Bill, as they have done in some other areas, such as contracts for difference in energy. Can the Bill help to hold the GPA to level the playing field?

I strongly support my noble friend Lady Noakes, both on her brilliant technical points, which I barely understand, and on ARIA. On the latter, I agree with her that it must be free from hassle—I think we agreed that in our debates in this House. It probably does not have enough money, but it is important to ensure that it can proceed without the benefit of lots of new regulations, which could be quite bureaucratic to them.

[Lord Berkeley (Lab)]

My Lords, I shall speak to my Amendment 7. I do not think I need comment on any of the other amendments in this group. I tabled this probing amendment to ask why this particular piece of text is here:

“This Act does not apply to Her Majesty acting in her private capacity.”


That is quite unusual in Bills. Usually at the end there is a clause that says something along the lines that Her Majesty and, often, the Duke of Cornwall have given their consent to that piece of legislation. Sometimes when I ask the Minister what relevance the Bill has to the Duke of Cornwall they cannot answer; no one seems able to because it is nicely confidential.

Obviously I can see why Her Majesty acting as the Crown is included in this Bill because effectively the Crown is the Government. However, why is the Duke of Cornwall not included in the Bill in his private capacity? He usually appears alongside Her Majesty. The Duchy of Cornwall has said it is in the private sector, which means, whatever we are going to call it, that it is a private sector organisation that presumably will have to comply with every other part of the Bill.

It is interesting to see where the sovereign grant for transport comes in. I happened to get a Written Answer today. I asked who funded the return charter flight of the Duke of Sussex from the United States for the jubilee. According to media reports, it was the most expensive charter plane that you could possibly get, and it seemed to me that, as in so many of these matters, they could actually have gone on the scheduled service. The answer I had was that it was not funded by the sovereign grant because that

“only covers expenses incurred by other Members of the Royal Family when they undertake official duties on behalf of Her Majesty”,

and clearly that was not the case. When it comes to the sovereign grant and the award of contracts for helicopters or planes across the world that the Royal Family—or even occasionally members of the Government—might take, presumably that will be subject to competitive tendering because they are acting in their public capacity.

It would be good to hear from the Minister what correspondence, if any, took place before Clause 1(9) came into the Bill. Are the Government quite happy with it? I look forward to hearing his answer.

Environment Bill

Debate between Lord Berkeley and Baroness Neville-Rolfe

Wednesday 15th September 2021 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, the recognition that coal is polluting is true, but we need to judge every proposal on its merits, as I think the noble Baroness, Lady Jones of Moulsecoomb, has said in a roundabout sort of way. As in all things, we need balance and we need to avoid perverse effects. I do not resile from my comment that the Bill could bring about the death of Thomas the Tank Engine.

By making it impossible to use British coal for heritage trains, boats and steam engines, we could be consigning these, in time, to the slag heaps of history. Either they will use coal imported from Russia, adding the damage of travel emissions, or these activities will die out, with the loss of valuable employment, as the noble Lord, Lord Faulkner, has explained. The vehicles, engines and boats concerned will create their own waste pile and diminish the tourism industry inspired by Thomas the Tank Engine and the Fat Controller. I would like to press this amendment, but I look forward instead to the assurances that I believe the Government are prepared to give the noble Lord, Lord Faulkner, on this important occasion.

[Lord Berkeley (Lab)]

My Lords, I rise to support this amendment. I congratulate my noble friend Lord Faulkner of Worcester on the work that he has done over so many years as the HRA president. He has kept this issue at the forefront of everybody’s concern and, of course, the latest idea that you cannot have the right coal in this country and you have to import it from Russia just demonstrates what a stupid situation we have got ourselves into, I suppose.

Heritage railways are loved by millions. They do not operate very fast or very frequently and, as other noble Lords have said, the issue has to be proportionate. It is not just trains; it is road vehicles—road tractors, I think most people call them—and boats, as the noble Lord, Lord Forsyth, has mentioned. Of course, fixed engines are also used to pump water supply; there is a very good one at Kew Bridge, which works very well. All these things have something in common, which is their Victorian engineering. It is amazing that these enormous great bits of steel, beautifully machined and very accurately made, work really well—when they do work, which is not very frequently.

I hope that the Minister will support and accept this amendment, but I have to remind my noble friend that he and I have a track record of causing trouble. About 10 years ago—the House was much emptier than it is tonight; there were probably about 25 Members here, which was below the limit—we got very angry about something. I cannot even remember what it was now, but we decided to divide the House. However, unfortunately, because there was not a quorum, it did not count. Noble Lords can imagine the kind of talking to that we got from our then Chief Whip in the morning, but it was absolutely worth it. I do not know whether my noble friend will do that tonight—he has probably got saner with age—but I hope that the Minister will look at this and say that it is a really good idea and accept it.

Trade Bill

Debate between Lord Berkeley and Baroness Neville-Rolfe

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 7th December 2020 Lords Chamber

[Lord Berkeley (Lab) [V]]

My Lords, in moving Amendment 1 I shall also speak to Amendments 4 and 5. The purpose of these amendments is to provide a legal basis for the Government to bring forward a statutory instrument to ratify the Luxembourg Rail Protocol. Noble Lords will probably remember that I spoke about and explained the purpose of this protocol in Committee. Very briefly, I remind the House that the Luxembourg Rail Protocol is a protocol to the Cape Town convention to reduce the risk for creditors, which in turn will reduce the cost of financing for new and current rolling stock.

An Oxera study published this week showed, I think, a saving to the rail sector of about £130 million per year. However, it is particularly important for the British rolling stock manufacturing community looking to develop new markets outside the UK, which I believe is one of the purposes of the Trade Bill. This rail protocol follows an older protocol on aircraft leasing and financing, which I think most people believe has been very successful in financing aircraft.

In Committee, the Minister replied that the Government support the ratification of the protocol. I am very grateful for the support of the noble Lord, Lord Grimstone, and the noble Viscount, Lord Younger, on this. Since they felt it was more appropriate to get the necessary legal basis through the private international law Bill, I agreed that I would not move my amendment. We had discussions with Ministers on the private international law Bill. I am once again grateful to Alex Chalk MP, the Justice Minister, and to the noble and learned Lord, Lord Stewart, for their help in drafting the new amendment to the PIL Bill when it came back to your Lordships’ House for ping-pong. I am grateful to the Ministers for their discussion.

During the debate the noble and learned Lord, Lord Stewart of Dirleton, agreed how important the rail protocol is to the industry but suggested that the application of the protocol was narrower than I might have thought, saying:

“The Government consider this to be an important issue and are thinking about how best to implement the protocol in the United Kingdom. As we discussed last week, we consider that the power in this Bill”—


that is, the PIL Bill—

“is too narrow to fully implement the protocol, although the provisions in applicable law would be within its scope.”—[Official Report, 19/11/20; col. 1574.]

That is very good but all it did was allow half the protocol to be implemented, which noble Lords will probably agree is not a good situation.

The Government appear to support the ratification of this protocol and to consider it important for the rail industry. However, I feel that I have been sent round the houses, from the Trade Bill to the PIL Bill, and now the Ministers have discovered that it will allow only half the protocol to be ratified. I was grateful for further discussions with the noble Lord, Lord Grimstone, by email recently, in which he suggested that

“the Trade Bill should not be expanded beyond essential readiness for trading as an independent country outside the EU.”

I would argue that this protocol would allow the rail sector to do just that. I think it would be very useful if it could be included.

The Minister again suggests that the Trade Bill is not an appropriate vehicle for matters relating to finance and transport, which should be considered elsewhere. If it were a matter of motor manufacture or printing-press manufacture, surely those would be trade issues as well. For motor manufacture, is the Department of Transport involved or is it a trade matter? That question must be resolved. Government lawyers from probably three different departments are dancing around a pinhead. This merry-go-round must stop because it is wasting a lot of government time, as well as Parliament’s.

I have been sent around the houses: transport, trade and justice, and now we are back in trade. I am very pleased to be back in trade this afternoon. Ministers say that they support the protocol to help achieve better trade in railway equipment, so in order to stop this merry-go-round, will the Minister urgently arrange a meeting with myself, the Department of Transport, the Department for International Trade and the Ministry of Justice if necessary? Will he then bring forward an amendment at Third Reading, which I assume and hope would be agreed across government, to enable the Luxembourg Rail Protocol to be ratified? Surely the Government can get their lawyers to agree.

If the Minister could commit to arranging such a meeting with me to resolve these issues and bringing forward an amendment at Third Reading, I would be very content. If not—and I hope it does not go that way—I am minded to seek the opinion of the House, if only to demonstrate the strength of internecine warfare in this Government on an issue that they all support but cannot work out how to deal with. I beg to move.

[Baroness Neville-Rolfe (Con)]

My Lords, I rise primarily to support the noble Lord, Lord Berkeley, as I did in Committee, in his efforts to get the Luxembourg Rail Protocol to the Cape Town Convention implemented in the UK. As we have heard, some steps have been taken, thanks to the good offices of the Minister and of Alex Chalk in the other place, but sadly they have not quite done the trick. I refer to my business interests in the register, including the UK-ASEAN Business Council, and a new role as chair of Crown Agents, which curiously, I find, did a great deal of work on rail and rolling stock during its long history.

I see two advantages to the protocol that was signed by the UK as long ago as 26 February 2016—obviously a very different world then. First, it will reduce the risk to creditors, which in turn will reduce the cost of financing new and current rolling stock—everything from engines to equipment and parts, data and manuals. Whether these are for a new line that is being built or for existing lines, by lowering creditor risk the protocol will assist in lowering the cost of new, more efficient, locomotives and wagons for freight and passenger transport. As the noble Lord, Lord Berkeley, has just said, an Oxera study to be published this week suggests a saving to the rail sector of about £130 million a year. This is quite significant when rail funding is under pressure, and particularly desirable as part of a move to net zero as we seek to combat climate change.

Secondly, it would help British rolling stock manufacturers seeking to develop new markets outside of the UK. There is an urgent need, for example in Africa, for more railway equipment both for urban transport—light rail, metro and trams—and for intercity rolling stock. The markets are there for British exporters, but the Governments and their operating agencies do not have the resources. I am talking about countries such as Namibia, Egypt, Ethiopia, Kenya, Uganda, Zambia and South Africa. The lack of resources has been a major constraint, and in a number of cases, operators have bought Chinese rolling stock instead, even when it is less suitable, because it comes with Chinese state-backed financing.

Business and Planning Bill

Debate between Lord Berkeley and Baroness Neville-Rolfe

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 13th July 2020 Lords Chamber

[Baroness Neville-Rolfe (Con) [V]]

I will speak to Amendment 44 on digital age verification and thank my noble friend Lord Clement-Jones for his support. I raised this at Second Reading and thank my noble friend the Deputy Leader for his courteous and timely letter. I am especially grateful to him and the Minister for Crime and Policing at the Home Office for publishing on GOV.UK the government response to the call for evidence on violence and abuse toward shop staff. That certainly helps to put discussions today into perspective. I am glad to hear that the Minister for Crime will work with business, the police and other partners to tackle this serious issue, including underreporting. I know the British Retail Consortium is disappointed about some aspects of the government response, but that is for another day.

Today is about emergency measures to deal with life under Covid-19, and they are all most welcome. As my noble friend Lord Holmes said, we need to get the economy motoring again. That includes measures that encourage business to revive and grow, as his amendments have proposed. In that context, I remain concerned about the absence of digital age estimation and verification for sale of alcohol. Our amendment enables the use of such verification, provided that the licensed seller in a shop or pub takes reasonable precautions and applies due diligence to ensure the purchaser is over 18.

The obvious example is the Yoti app used in a number of European countries, such as Estonia— a real digital leader—and some parts of the UK. It means there is no need to show paper ID and wash your hands or resanitise—or perhaps not—or to remove a mask to engage in a physical conversation and a physical check of the customer’s ID. It works brilliantly at automatic checkouts, as their videos show, and would help to speed up queues in pubs and elsewhere. Other apps will no doubt be developed, making the technology more widely available. Interestingly, I see from the Yoti website that NHS England and NHS Improvement have begun deploying a secure digital ID card from Yoti to put employees’ NHS ID cards on to their phones. The killer argument for this Business and Planning Bill is that this system is already in use in shops to verify sales of knives—arguably much more dangerous than drink—and other age-restricted products such as tobacco, lottery tickets and fireworks.

It has been argued that we cannot introduce a digital system for alcohol outside the Proof of Age Standards Scheme—PASS—which is being developed for card issuers. However, that has got bogged down and delayed by Covid and is not producing the solution required when it is so desperately needed. It is of great significance that the British Retail Consortium, which set up PASS, no longer has faith in it. It rightly believes that no scheme should be skewed to a particular interest group.

Ours is an open amendment that overnight would improve things hugely and allow more enforcement of the drinking rules than I believe is taking place at present. A sunset clause can be included allowing the opportunity to simply trial these new app-based methods, at the same time avoiding the need for young people to carry passes—and lose them, as they often do. I hope my noble friend the Minister will look favourably at this amendment and be open to agreeing a simple enabling provision before Report.

[Lord Berkeley (Lab) [V]]

My Lords, I will speak to Amendments 36, 39, 40 and 43, to which I have added my name. I fully support what the noble Lord, Lord Holmes, said in his introduction and will not preface what my noble friend Lord Kennedy of Southwark may say when he introduces his amendment later. While supporting and fully agreeing with the view of the noble Lord, Lord Balfe, that we should all get back to work in the Chamber, I do not really agree that the increased number of outlets will improve the environment of Cambridge. You could then argue that we had better get back to prohibition days, and I do not think anybody wants that.

My amendments are intended to increase the choice of products and balance the smaller number that can be inside a pub or restaurant with more space outside. I commend the Government on allowing many outlets to put more space on the pavements or even roads and increase the space for cycling at the expense of polluting cars. The amendments would also allow a greater choice of suppliers, which I think is important.

My interest is encouraging small brewers and limiting the bullying tactics we have seen over the years from the pubcos, which are very much to the detriment of the small landlord. As the noble Lord, Lord Holmes, said, small brewers have lost a large proportion of their trade during the Covid lockdown, and 65% of breweries have apparently been mothballed because they could not sell their product direct to the public. Some of the smaller breweries do not have premises licensing and without these amendments cannot offer takeaways or deliver direct to the public. I believe that small breweries have really reinvigorated the hospitality sector in recent years. Allowing off-sales on a fair, proportionate and reasonable temporary basis, subject to the various conditions put in these amendments and the existing legislation, is surely a good thing.

I certainly believe that the amendment is not a licence for street raves. It is just a means of providing similar spaces outside due to the shortages inside because of the lack of social distancing space, combined with adding the possibility of much more competition within the brewing industry generally.