Elections Bill

Lord Blunkett Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 17th March 2022 Lords Chamber

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I did not intervene in the last serious and lengthy debate. I understood how seriously many Members of your Lordships’ House took the issue. I had some peripheral dealings with clubs from the three major parties during my review and I have to say that the political affiliation was probably rather less important than the quality of the club, its community sense, the price of a beer and the nature of the bingo—all of which are very important—but the weight of political influence being placed on the clubs was not borne out by any evidence I received. That is not to undermine the point being made, but I would not place on the clubs the weight that I heard some noble Lords putting on them in the last hour and a quarter.

I turn to Amendment 54A and I am very grateful for the support of the noble Lord, Lord Blunkett, who I am delighted to see in his place. This is the most important of the series of amendments that I have tabled on the third-party campaigning system. It takes us to the heart of the various concerns about the impact of the present regime on third-party campaigning, in particular—the phrase we have become familiar with, having heard it many times in sittings of the Committee—“the chilling effect” of the 2014 Act.

The problem for third-party campaigners is the lack of certainty in key aspects of the current regulatory regime. There are two particularly important areas. The first—I come back to it—is the intent test. The key phrase—I say it once more—is

“reasonably regarded as intended to promote or procure electoral success at any relevant election”,

which is essentially the linchpin of the whole third-party campaigning regime. It is interpreted by the Electoral Commission, which decides whether a course of action infringes that phrase and makes the decision on its own authority entirely. Although I absolutely recognise that the electoral commissioners work hard and successfully to reassure civil society about its fears, and I applaud that, the kernel of doubt and concern remains there to gnaw away at the confidence of third- party campaigners.

When we debated Clauses 14 and 15—I do not want to repeat the remarks I made in those debates—my noble friend the Minister faced very heavy criticism of the extent to which the Bill, as currently drafted, would undermine the independence of the Electoral Commission. As I listened to the debate, the argument seemed to be that the Electoral Commission should be made more independent, given more freedom of action. As I explained in an earlier sitting, I am concerned about such a development. Just as noble Lords did not believe my noble friend would have malevolent intentions, it was argued that he would not be in post for ever, and who could tell who might succeed him and what his successors might do with the powers that the Bill gave them? Similarly, I am not criticising the current Electoral Commission; I make that very clear. I recognise, as I said, that it worked hard with third-party campaigners to reassure them of the practical implications of the intent test. However, the commissioners too will not be in post for ever, and who knows who might follow them?

The noble and learned Lord, Lord Judge, was among those who led the charge and was most critical of the Government in that debate. He and I have made common cause about the inadequacy of the present procedures for scrutinising secondary legislation and I do not resile from that at all. However, the criticism of the Government, if followed through, would create an organisation that would be making tertiary legislation. It would be promoting, making and enforcing regulation in key areas of our electoral system without any vestige of democratic control at all. I argue that this is undesirable.

There is, however, a way to restore this and to restore a decent element of parliamentary—and by parliamentary I mean, parliamentary, not executive—control over the Electoral Commission. This would be achieved by means of codes—codes of practice which have to be approved by both Houses of Parliament. Crucially, as a result, compliance with the code would give a statutory defence, so ending the uncertainty that has caused so much concern about the present regime.

The amendment therefore introduces a new clause that would require the Electoral Commission to prepare statutory codes of practice—powers, by the way, it does not have in the current legislation. The areas to be covered are listed in proposed new Section 100A(1)(a) to (d). Two areas are of particular importance: first, the intent test—the Electoral Commission will be required to produce a code explaining how it proposes to operate that test—and, secondly but no less importantly, we need clarity on what constitutes a member of an organisation. This is important because, once you are a member of an organisation, communicating with you ceases to be a qualifying expenditure for the purposes of the Act. So a third-party campaigner can build membership quickly and have an increasingly wide reach without any commensurately increasing expenditure being imposed on them.

In today’s hyperconnected modern world, it is astonishingly easy and cheap to email hundreds of thousands of people about an issue and put on the bottom of the email, “Please tick this box if you want to be a member”. I regard this as potentially a very dangerous opening, offering, in particular, the prospect of third parties holding views at the outer fringes of our society being able to build up so-called members, who can then be communicated with free of charge. This would offer such groups a campaigning reach far beyond their real level of support. The Electoral Commission currently has a series of categories—including “committed supporter” and “the public at large”—and I am afraid I am far from convinced that these stand- alone terms will be able to meet the pressures of an age of ubiquitous social media. We need a code for what constitutes “the public”—namely, the opposite of a member—and this is provided for in proposed Section 100A(1)(b).

The rest of Amendment 54A is concerned with process, laying out a list of the groups that have to be consulted by the Electoral Commission: the devolved Administrations, on matters concerning them, and a representative sample of civil society groups. The Electoral Commission must then provide a draft and present it to the Secretary of State, who may approve the code or modify it. If he chooses to modify it, he has to explain why he has done so, so that the difference between what the Minister and the Electoral Commission think is clear. A series of procedures for obtaining the consent of both Houses is then laid out in the latter part of the clause. Crucially and importantly, proposed Section 100A(13) reads:

“It is a defence for a person or third party charged with an offence under this Act to show that any guidance for the time being issued under this section was complied with in relation to Part VI of this Act.”


Amendment 54A could provide, first, a high degree of certainty and, therefore, reassurance on certain key issues of the regulatory regime and, therefore, to third-party campaigners. Secondly, by using secondary legislation, it offers the opportunity to keep regulations up to date, reflecting changes in society, social media, public attitudes and campaigning methods, thus reducing the dangers of evasion. Thirdly, it introduces a proper degree of democratic or parliamentary control of the Electoral Commission, thereby perhaps offering the Government part of a way out of the troubles in which they have found themselves in Clauses 13 and 14.

It is a common phrase that the law is too important to be left to the lawyers. I submit to the Committee that electoral law, which goes to the heart of our democracy, is too important to be left to an untrammelled Electoral Commission. I beg to move.

[Lord Blunkett (Lab)]

My Lords, I put my name to the amendment of the noble Lord, Lord Hodgson, in full knowledge of his long-standing commitment to plurality and his excellent report on the previous restrictions placed on third-party campaigning, including by charities, where he rightly pointed out that the chilling effect that has been referred to is as much a danger as the detail of what people are expected to do—in other words, the reflection of what people think they cannot do rather than the actual restriction laid down in the law. Codes of practice will be extremely helpful in the future when we have sorted out the Bill and, I hope, eliminated the attack on the Electoral Commission inherent in Ministers taking power over its policy and strategy direction.

Codes of practice are for clarity and enabling people to do what they do best, which is to take part in civil society in a pluralistic democracy, whether they are engaged in the formal political processes that we have debated under Clause 52 or whether they are involved in the political processes that make up a democratic process within a democratic society. That is civil society action. People will be clear as to what is and is not acceptable. They will adhere to those processes and be able to play their full part.

I was going to say that we have long Committee sittings followed by shorter programmed and amendable sessions on Report, but I heard what the Minister said about listening. Let me make it clear in my short contribution that Committee sessions of this House are valuable only if they impact on whether the Government are prepared to change their mind, and listen to and reflect on the expertise, knowledge and experience of Members of this House. Otherwise, we are spending hours and hours, with some people here into the early hours of the morning, not being listened to by anyone. I therefore appeal to the Minister to fulfil what he committed to in the debate on the previous group and be prepared as a senior Minister, a Minister of State, to take back to colleagues the deep disquiet over a number of areas in the Bill. Otherwise, I hope that this part of the legislature, this House, will stall the Bill. Parts of it are a fundamental attack on our democratic processes.

However, this set of amendments moved and spoken to by the noble Lord, Lord Hodgson, is a clarification and strengthening of the power while bringing about greater accountability in relation to the operation, as opposed to the destruction, of the Electoral Commission. I hope that the Minister will reflect on that.

[Lord Kerslake (CB)]

My Lords, I rise to speak in favour of my Amendment 54 B. There is a lot to commend in the amendment of the noble Lords, Lord Hodgson of Astley Abbotts and Lord Blunkett. It is a serious attempt to establish a new accountability framework for the Electoral Commission. I am conscious that we had some debate in the previous group on the issue that I want to touch on. With the benefit of hindsight, it might have been part of that discussion, but I should like to make other points.

My amendment proposes inserting a new clause in the Bill that would require political parties to report on the amount of controlled spending incurred by third parties as targeted spending on their behalf. This is a relatively simple and straightforward amendment in an extremely complex area. It would increase transparency for voters and other campaigners by making it easier to identify in spending returns how much targeted spend has been incurred.



I tabled this amendment for two main reasons. The first reason is to highlight the importance of the report Regulating Election Finance, produced by the Committee on Standards in Public Life. There have been a number of comments and contributions on that report, and I am delighted that the noble Lord, Lord Stunell, is in his place. He is too modest to say it, but for me this was an exemplar of how to bring forward a balanced, informed and measured approach to the complex and fast-moving world of election finance.

Elections Bill

Lord Blunkett Excerpts

Lords Hansard - Part 1 & Committee stage
Thursday 10th March 2022 Lords Chamber

[Lord Blunkett (Lab)]

Abomination.

[Lord Foulkes of Cumnock (Lab Co-op)]

Thank you; I am grateful that I have some friends around here who are far more literate than I am. We will do everything we can to make sure that this abomination of a Bill never becomes an Act.

--- Later in debate ---

[Lord Foulkes of Cumnock (Lab Co-op)]

Will the noble Baroness give way?

[Lord Blunkett (Lab)]

Go on, defend it. The noble Baroness used to be in the Communist Party.

[Baroness Fox of Buckley (Non-Afl)]

Very good, well done everyone, carry on.

Elections Bill

Lord Blunkett Excerpts

2nd reading
Wednesday 23rd February 2022 Lords Chamber

[Lord Blunkett (Lab)]

My Lords, I, too, pay tribute to the noble Lord, Lord Moore, on his very amusing maiden speech. I ought to be pleased that one fewer Conservative vote will be cast in the next general election, but I have to tell him I think it is a complete anachronism that your Lordships are unable to vote, and I hope that at some point we will put that right.

I have great respect for the noble Lord, Lord Pickles, who has just spoken. We have had robust and often constructive exchanges in the past, and I respect greatly the action he took in relation to Tower Hamlets. But this evening we have to be extremely careful that, with the measures we take to overcome whatever problems we currently have within the system—and we should address them—we do not give the impression out there in this country that there is a serious problem with our electoral system. I say to the noble Lord, Lord Moore, that that is precisely the insidious worm that got into the Republican Party in the United States and led decent people to start mouthing platitudes about the ballot being rigged and the fraud within their system. If we get that here we will be in real trouble. So let us address where there is clear evidence of fraud or misuse and try to identify the problem. Who is in favour of the change in the problem, as was referred to by the noble Lord, Lord Wallace? Do the measures we will debate tonight and in Committee achieve the goal that has been set out? If we can answer those questions honestly and clearly, we might get somewhere.

I have very little time, and I know people will be waiting to speak later in the evening, so I want to say just two things. First, I thank my noble friend Lady Hayman and the noble Lord, Lord Pickles, for their mention of those without sight seeking to exercise an equal vote on the same terms as anyone else, and I hope we will be able to put that right. My main thrust, however, is to pick up on the speech of the noble and learned Lord, Lord Judge, which I thought, as with other Opposition Front Bench speakers, was extremely powerful. What we do through this Bill will have implications for our standing and reputation internationally. We should not underestimate the danger of meddling with and undermining the independence of the Electoral Commission. Of course there can be improvements in how it operates, and we should concentrate on those. But, as the noble and learned Lord said, handing over to government the strategic and policy priorities of what is supposed to be an independent body goes to the very core of our democratic process.

On 9 September last year, we had a debate in this House on the issues around public life. We debated the first interim report of the Committee on Standards in Public Life, which has reported further since. At that time, in what I thought was a very thoughtful debate, there was a consensus that it is really important that no political party misunderstands its role.

When a political party becomes the Government, it does not automatically embody, on behalf of the nation, its party and its ideology. The Conservative Party and the Government are not one and the same thing, and we should avoid them becoming so, any more than the Bolsheviks thought that taking power meant that that held them as the voice of, and the only voice of, the nation. I mention the Bolsheviks because, of course, someone giving £1.8 million might have an interest in the well-being of our country but their husband may have a different interest altogether.

Let us be absolutely clear this evening: if we interfere, as this Bill does, with the independence of the Electoral Commission, we will send a signal not only to our own country and our own people but across the world. Disentangle the Conservative Party from the running of this country on behalf of the whole of this nation, and then we might get it right.

Standards in Public Life

Lord Blunkett Excerpts

Thursday 9th September 2021 Lords Chamber

Moved by

[Lord Blunkett]

That this House takes note of standards in public life.

[Lord Blunkett (Lab)]

My Lords, I am very pleased to be able to introduce this important debate on standards in public life. There are no saints in your Lordships’ House, nor down the Corridor. If there were they would not declare it, on the grounds that they were saints. I am no exception, so I want to make it clear that I would not be in your Lordships’ House if the noble Lord, Lord O’Donnell, in his capacity as the Cabinet Secretary, had not undertaken a thorough investigation into allegations against me. Therefore, procedures and processes are really critical to getting this right, and to the debate today.

On Monday evening the noble Lord, Lord True, who is winding up this debate, talked about people being careful not to throw stones when they live in glass houses—but you see we are in a glass house. We are accountable and on the public platform, whether as Peers, Members of Parliament or those in senior positions in public life outside. That is why this debate is so important for that transparency that makes it possible for people to trust those in whom they have placed trust.

Thirty years ago the noble Lord, Lord Hennessy, who I hope is recovering from his illness, floated the “good chap” theory. This goes back to Renaissance civic virtue, which I fear was challenged by Machiavelli; in other words, none of us is going to avoid making mistakes at some point in our lives, and therefore we need to countervail the overriding issue of power with the procedures and practices that make people trust us.

I was thinking of avoiding talking about the debates on 17 June, 1 July and Monday this week and at Questions yesterday, but I have to draw attention to a couple of points that were made on Monday evening, when in his short intervention the noble Lord, Lord Wallace, reminded us of Lord Acton and how absolute power absolutely. The noble Baroness, Lady Noakes, as she did in her speech on 18 August, gave us an insight into one part of—I stress only one part—of the Conservative Party when she suggested, and I hope I am not maligning her, that all power, once a party is elected, should lie with the Prime Minister. This is a complete misunderstanding of our constitution. There must always be a separation of party and government and one of the biggest issues to have emerged over recent months is the failure of the governing party to always be careful not to confuse the two. This is true of private emails, it is true of taking private planes and not declaring them and it is true of the appointments, as described at yesterday’s Question Time, of non-executive directors to departments. We all have to be very careful that we understand the responsibility that we carry as public representatives, as appointees to key posts or as Ministers of the Crown.

This afternoon’s debate is not about individual issues, although I know that noble Lords will be raising them, but about a functioning democracy and the example that we set to those dysfunctional regimes and states across the world that we often describe as “failing states”. How can you rail against corruption and the misuse of power elsewhere if you are not incredibly careful that you always demonstrate that you understand the importance of avoiding that misuse in your own country—not only politicians but all those who have a responsibility in public life, whether they are public servants, working in the Civil Service, serving as elected representatives in the devolved Administrations and in local government or who are appointed to undertake key tasks?

In the excellent publication Standards Matter 2, the Committee on Standards in Public Life rightly spells out the direction of travel, and I hope that its final report will be even more robust about the way in which appointments to a whole range of areas of our life are made.

I am very fond of quoting Antonio Gramsci, because I think hegemony is something we should be very wary of—the idea of winner takes all, which in some regimes across the world means literally that. The consequences are horrendous for the population and for the probity and morality of the functioning of those countries.

So, on appointments to whatever post, it is crucial that we are reassured, as I hope the Minister will reassure us, that this is constantly under review and that steps will be taken to avoid what appear to be—because appearance really matters—unfortunate moves towards the hegemony not just of the ruling party but of which particular line individuals took on the issue of Brexit. This issue that was raised at Questions yesterday. It cannot be right for Ministers to stand at the Dispatch Box and remind us, as the noble Lord, Lord True, did yesterday, about who voted which way in the referendum.

On the Ministerial Code and the role of the independent adviser, it is of course absolutely fundamental that there is proportionality. We need to have in place mechanisms that put things right which are not cliff-edge or immediate actions that would be disproportionate to the problem that we are addressing. On appointments outside government once people have left, it is important again that there is proportionality: people should be able to earn a living, but it should be transparent, and any suggestion that they are taking with them the power to influence decisions should be overcome.

Ironically, with the issue of Greensill Capital and the former Prime Minister, while there were many questions to be raised—including about the placement of individuals in the Westminster and Whitehall system, and the interplay between that and business—the system actually worked, because the lobbying by the former Prime Minister was not successful. However, the transparency that would have made that clear much earlier would have helped both David Cameron and those who were accused of actions around him to be able to defend themselves, and those who could not because they are no longer with us, such as the late Lord Heywood, would not then have been traduced in a way that I found very unpleasant.

Lobbying that is not successful often highlights the lobbying that is—for example, on the allocation of public contracts—and people need to be reassured. I say to the noble Lord, Lord True, that I think constant reassurance on this and a willingness to investigate, as I was investigated 16 years ago, is really important for public trust.

However, it is also crucial to ensure that we recognise that we are making progress. When there was no register of interests, either in the Commons or in the Lords, all kinds of things went on that we did not know about, including major loans to Prime Ministers to save their historic homes that were never repaid or, for that matter, the gift of a smallholding by a band leader to one of my personal Labour Party heroes. Now that we have a register, we have moved on a little. Ironically, of course, the public are even more sceptical, because they now read about the register and take to heart the idea that something new is happening that they should be wary of.

In the end, of course, every time we take a step to ensure that our procedures and processes, our openness, the register and the reassurances that I am seeking today are very clear, the more we will ensure people’s confidence in our democracy. When we stop caring, the public will stop caring, and when the public stop caring, as we saw under Donald Trump and as we are in danger of seeing here, anything goes—and once anything goes, everything has gone. So, in building trust in politics, in an independent Civil Service and in the actions and probity of those whom we appoint to a range of interests and responsibilities across the country, and in reassuring ourselves that we have the mechanisms in place to hold their feet to the fire, we are doing everyone a service.

So this afternoon I thank everyone who is preparing to take part in this debate. Above all, I appeal to the Members on the Benches opposite to persuade their Ministers that it is in everyone’s interests, including theirs, to get it right for the future.

--- Later in debate ---

[Lord Blunkett (Lab)]

My Lords, I am grateful to the Minister for the tenure of his response and hope he will be able to transmit to present ministerial colleagues—and perhaps, very shortly, future ones—the feelings of this House. In the interests of openness and honesty—two of the Nolan principles—I should say that I am indebted to my noble friend Lady Smith of Basildon, because it was the communication between us during the recess that led to me leading this debate. I want to put that on record for transparency purposes.

I thank everyone who has taken part this afternoon for their tremendous contributions and thoughtfulness. I know the House will forgive me for saying, as was said by the Minister, how grateful I am that the noble Lords, Lord Evans and Lord Stunell, were prepared, as members of the committee, to come and contribute. That indicates their very genuine commitment to their work, and we wish them well in the next stages. Again, I thank everyone for being here and for addressing what I consider to be the core of our constitution and democracy.

Motion agreed.

House of Lords Reform

Lord Blunkett Excerpts

Wednesday 30th June 2021 Lords Chamber

[Lord True (Con)]

My Lords, on a cap on the size of the House, which we have frequently discussed, both the previous Prime Minister and the current Prime Minister have made it clear that it would require further consideration and wider engagement and have not accepted that proposal. As for the noble Lord’s repeated efforts to put forward his Bill, we look forward to discussing his Bill. I will ask him to explain, when he introduces it at Second Reading, why he supported the House of Lords Reform Act 2014, which reinforced and entrenched the position of hereditary Peer elections in this House.

[Lord Blunkett (Lab)]

My Lords, I think there might be general agreement that the reputation of this House has been enhanced by the way in which we were able to continue our business with the hybrid system over the last 15 months. The reputation of this House would surely further be enhanced if we brought ourselves from the 17th, 18th and 19th centuries by backing my noble friend Lord Grocott’s Bill to abolish something that is clearly an anachronism.

[Lord True (Con)]

My Lords, I always pay tribute to the noble Lord opposite, who has been a distinguished servant of this country, this House and the other House. When we are looking at the role, future and reform of your Lordships’ House, perhaps we need to look a little wider than the speck of dust to which the noble Lord referred.

Wellbeing of Future Generations Bill [HL]

Lord Blunkett Excerpts

2nd reading
Friday 25th June 2021 Lords Chamber

[Lord Blunkett (Lab) [V]]

My Lords, I congratulate the noble Lord, Lord Bird, on his tenacity and his amusing and very important speech. Bringing this back for a second time and developing a report, to be launched next week, demonstrates his lifelong commitment to trying to ensure that we learn from the past rather than live in it, tackle causes rather than symptoms, and avoid the mistakes many of us have made. I congratulate the noble and learned Lord, Lord Mackay; I hope to goodness that I can be as thoughtful and look to the future in my mid-90s, should I be fortunate enough to reach that age.

I just want to say three things. First, we have economic impact statements and equality impact statements, but we do not have social policy impact statements. Avoiding the tragedy of mistakes of the past involves examining what we are doing in light of a mode of thought, as the noble and learned Lord, Lord Mackay, said. Sure Start, the development of the child trust fund and education maintenance allowances were, in their own way, endeavours to invest for the future rather than the moment. All sadly met the same fate during the austerity measures between 2010 and 2015. I am working with the right honourable Andrea Leadsom to try to reinstate the spirit of Sure Start, and to do so in a cross-party way, because that is clearly the only way to retain that programme and policy as Governments change, or even when there is change within Government. Sadly, the child trust fund, which was an endeavour to give all young people a real start in life and to overcome at least some of the great problems of asset divide, also had built in a mistake, which I have been trying to put right with the noble Lord, Lord Young of Cookham. Namely, we did not think about the issue of youngsters with learning disabilities, who would not be able to easily access their funds at the age of 18.

Thinking for the future, even with the best of intentions, is really important. Of course, our health, housing and mode of employment determine our well-being. But the well-being of the future and future generations will be obtained if we just pause for a moment every time we take a measure and think about what it will look like in 20 years’ time.

Financial Services Bill

Lord Blunkett Excerpts

Report stage
Wednesday 14th April 2021 Lords Chamber

[Baroness Coussins (CB)]

My Lords, I support Amendment 16, in the name of my noble friend Lady Meacher and others, and I remind the House of my association with the debt advice charity the Money Advice Trust.

Anyone who has been involved with debt policy knows that the issue of bailiff regulation is a long-standing concern. Bailiffs have significant powers, including being able to enter people’s homes and take possession of their goods. Unfortunately, despite plenty of good intentions and existing voluntary national standards and codes of practice intended to govern bailiff behaviour, widespread problems remain in practice. These include bailiffs misrepresenting their powers, the failure to offer affordable repayment plans, and unfair treatment of vulnerable people or people in vulnerable circumstances. As my noble friend Lady Meacher has outlined, independent oversight would be an enormous step forward in helping people in debt to cope with, manage and overcome their predicament without unnecessary and unjustifiable additional pressures.

Noble Lords will be aware of the promising discussions currently taking place between representatives of the debt advice sector and the enforcement industry, facilitated by the Centre for Social Justice, to explore the potential for an independent oversight body. The aim of such a body—which would be funded by the bailiff industry—would be to address these problems and to raise standards. For the first time, both the bailiff industry and the debt advice sector are agreed that, for such an oversight body to be effective in raising standards, it must have statutory underpinning.

The amendment in the name of my noble friend Lady Meacher and others provides an opportunity to do just this. Of course, there are challenges to the parliamentary timetable, and relevant Bills in which to include issues such as this can be few and far between. The perverse and worst-case scenario would be to have a fully developed and agreed proposal for an independent oversight body which could not be put in place because the Government did not have the necessary powers. If the Government miss the opportunity to take action in this Bill, meaningful change is likely to be delayed much longer, with harsh consequences for people in debt.

So would it not be better for the Government to be proactive now and to accept this amendment—or, at the very least, come back with a similar version of their own at Third Reading? We cannot escape the fact that, despite the welcome support that has been put in place, debt problems will increase as a result of the pandemic. More people may face the prospect of bailiffs at their door and it is only right that the industry is properly governed and regulated, as other debt collection companies are. The Government have previously stated that they want to see practice in this sector improved and regulation strengthened. This amendment gives them the opportunity to do so. I hope that the Minister will accept it, or commit to coming back at Third Reading with something just as good or better.

[Lord Blunkett (Lab)]

My Lords, this group of amendments contains issues of profound importance. It is not surprising, therefore, that our progress this afternoon has somewhat slowed. I can be blissfully short, because the noble Lord, Lord Young of Cookham, spelled out in his usual eloquent and detailed fashion why Amendment 37C should be taken very seriously and that a solution must be found to the challenge that he laid out. Like the noble Baroness, Lady Altmann, I pay tribute to the noble Lord for his dedication and commitment. I have been proud to work alongside him. One of the great pleasures of this House is that it is possible to work effectively—I hope effectively—across party. The case that he made this afternoon, which he has been making for the last few months, is in my view unanswerable. The issue, therefore, is what progress can be made and what can be done.

The noble Lord, Lord Wolfson, has taken this issue seriously and to heart since he joined the House and took up his present position. Forgive me if I call the noble Lord, Lord Young, my noble friend. As he has spelled out, it is surely not beyond the wit of woman or man—working groups that do not meet or address issues aside—to be able to unlock funds that are essential, albeit small, for those for whom they were intended. My noble friend kindly indicated my history in this area. It was blighted by not having spotted that the Mental Capacity Act, which succeeded the decision to introduce child trust funds, would inadvertently lead to those funds being blocked for the most vulnerable.

I still regret very strongly that the early part of the coalition Government abolished child trust funds—driven, it has to be said, by the then Chief Secretary and not by the leading party in the coalition. But that is water under the bridge. The paradox of course is that, had the child trust funds continued and been delivered in the way originally intended—including continuous top-up funding—we would have been in a more difficult position in releasing these funds for those with learning disabilities, because the funds would have been much greater. Sometimes there are twists in life which you do not see and sometimes there are those you wish you had not.

This is a simple issue here, whether it is about Holly who was highlighted by my noble friend Lord Young, or Mikey, highlighted by the noble Baroness, Lady Altmann. I originally heard Mikey’s father outlining these issues on “Money Box”. He was also mentioned by the now leader of the Liberal Democrats in the other place. Those young people demonstrate the wider issue of access to modest but important funding that can help them at a crucial time of transition into adulthood, as was originally intended. There is also the profound issue of the growing capital asset divide in our country. With house prices accelerating as they are now, this divide will increase still further.

So I will make a very simple appeal. The noble Lord who is leading on this amendment will not press it to a vote. However, I think that the feeling of this House—both on the numerous previous occasions on which the issue has been raised and again this afternoon by noble Lords both online and present in this Chamber —is that a solution must be found, and found quickly. My experience during eight years in the Cabinet was that there were very good civil servants who explained, quite rightly, why something could not be done. I always valued them because they prevented me putting my foot in it more often than I did. But the best civil servants were the ones who highlighted the problem and then came up with a solution.

[Viscount Trenchard (Con)]

My Lords, the noble Baroness, Lady Meacher, spoke powerfully in favour of her similar Amendment 136F in Committee on 3 March. The noble Baroness has now brought forward Amendment 16 with the same purpose. It is supported by the noble Lord, Lord Stevenson of Balmacara, my noble friend Lady Morgan of Cotes and my friend the right reverend Prelate the Bishop of St Albans. I support all their arguments.

There is a weight of evidence of unreasonably aggressive behaviour by enforcement agents even before the onset of the pandemic. Your Lordships should be pleased that the Ministry of Justice launched a call for evidence as part of its second review of the reforms introduced by the Taking Control of Goods (Fees) Regulations 2014. It is understandable that that review is taking longer than expected in current circumstances. My noble friend Lord True explained that resources had to be moved to bring about the passage of the Corporate Insolvency and Governance Act, which was intended to help businesses survive the lockdowns. I would be interested to hear from my noble friend the Minister whether the Act is working as the Government intended, and how many companies have successfully applied for moratoria under the Act.

As the noble Baroness explained, her amendment allows the FCA to outsource the powers it would assume under this amendment to another unspecified person or body. I think this is far from satisfactory, and that the FCA should not be burdened with responsibilities in this area. The FCA is going to be busy enough with its new regulatory responsibilities and with what will rightly be an onerous system of oversight by your Lordships’ House and another place.

The FCA is not the right regulator to become involved with issues relating to non-payment of utility bills, for example. I am surprised that the noble Baroness is apparently unwilling to accept the assurance of my noble friend that the Government’s response to the review of bailiff regulation will be issued within this year. I expect that the Government will recognise that something needs to be done to control overaggressive behaviour by bailiffs, balancing such control against the need to retain an effective enforcement process. In view of my noble friend’s assurance, I am unable to support this amendment.

However, the FCA is the right regulator to protect potential customers of regulated financial services firms as well as contracted customers. Every contracted customer is a potential customer before entering into a contract to purchase supplies from a supplier, or to purchase services from a supplier, and thereby becoming an actual customer. I therefore support Amendment 26 in the name my noble friends Lord Leigh of Hurley and Lady Altmann.

The right reverend Prelate the Bishop of St Albans has made a powerful case for his Amendment 27, requiring debit and credit card providers to offer an opt-in option for gambling blockers. Research by GambleAware published in July 2020 found that only eight financial services firms offered blockers on certain products and ranges, estimated to cover 60% of personal current accounts. The research also examined the effectiveness of blockers currently available and found that they needed to be improved. Of the eight banks that offered blockers, three banks’ blockers could be immediately turned on and off, meaning that they functioned more like a light switch than a lock. I would like to ask my noble friend the Minister whether he agrees with GambleAware’s recommendation that the FCA, in its guidance, should require banks to include gambling blockers as standard on debit and credit cards.

The FCA already recognises that all banks’ customers are capable of becoming vulnerable, but it does not recognise that those with a gambling addiction are included in the categories it already recognises, such as those who have a cognitive impairment, low resilience to financial shocks or poor numeracy skills. It is of course very difficult to define what is a gambling addiction, and it also begs the question of how far we want the state to go in protecting us from all the risks we may encounter in our lives. However, the right reverend Prelate’s amendment calls for an opt-in option and therefore has some merit. I look forward to hearing the Minister’s views.

Budget Statement

Lord Blunkett Excerpts

Friday 12th March 2021 Lords Chamber

[Lord Blunkett (Lab) [V]]

I too congratulate new Members on their excellent maiden speeches, made in difficult circumstances.

I reinforce the points made by my noble friend Lord Eatwell at the beginning of this debate and my noble friend Lord Hain later on about the juxtaposition of last year’s Budget with last week’s, in respect of public spending outside of what has had to, by necessity, be invested in maintaining our economy, health service and well-being. I point out that the major cut in future investment is about our recovery; it is about what is described as the levelling-up agenda.

I congratulate the noble Lord, Lord Wharton, on his new post, but I was sorry that he did not mention knowledge transfer, the importance of anchor institutions and particularly research in terms of regenerating those parts of the country which do not have the benefit of the golden triangle. I believe very strongly that the levelling-up agenda will be achieved only by open, transparent analysis of the strategy that is needed for industrial investment and investment in the new industries of the future, including artificial intelligence and robotics. The lack of transparency in designating Richmondshire and Derbyshire Dales as tier 1 for the levelling-up funding, while Barnsley and my own city of Sheffield are in tier 2, is frankly breathtaking.

Much of what has been put in this Budget is a reversal of the previous Chancellor George Osborne’s policies, with a decrease in corporation tax and a change in tax thresholds, and a change to the past agenda for what are now described as freeports. This has been mentioned several times. Freeports are a reinvention of enterprise zones from the 1980s. It is not going backwards that we need; it is a strategy for the future.

EU-UK Trade and Cooperation Agreement

Lord Blunkett Excerpts

Friday 8th January 2021 Lords Chamber

[Lord Blunkett (Lab) [V]]

My Lords, in two minutes it is not possible to deal with the inadequacies of this legislation and the treaty—from security to services, and from bureaucracy to our diminishing global influence—but I will just say this on security. The withdrawal from Europol and Eurojust, the failure to have real-time entry into the Schengen database, and the way in which we have withdrawn from the European arrest warrant will be regretted for a very long time to come.

I want to look to the future. The Minister mentioned Gibraltar and the issues concerning Northern Ireland. The two taken together—the proposed treaty for Gibraltar and its remaining in Schengen, and the single market, which effectively continues in Northern Ireland, with the border running down the Irish Sea—paint a very different picture for the future which will be exploited by those in the Scottish National Party who seek to use every opportunity to reopen and re-engage with the destruction of the United Kingdom. I believe that this deal accelerates the possibility of a united island of Ireland within the next 25 years. It is a century since the 1921 legislation was introduced as part of the agreement on partition. A century later, we are faced with the contradictions that exist in terms of Northern Ireland and its relationship with the European Union and the contradictions that are therefore accorded to its relationship with the rest of Great Britain.

All those things bode extremely ill for the future and, to top it all, we have replaced the Brussels bureaucracy—used so much in the Brexit arguments—with the bureaucracy that we see today on our borders in terms of distribution, hold-up and diminution in trade. It is a disaster.

Public Procurement (Amendment etc.) (EU Exit) Regulations 2020

Lord Blunkett Excerpts

Monday 16th November 2020 Grand Committee

[Lord Blunkett (Lab) [V]]

My Lords, the Minister has spelled out very clearly the rationale for this instrument and I do not think that anyone this afternoon will object to taking this forward and providing for the next 14 months the certainty critical to business, commerce and our future trading arrangements.

I should just like to lighten the afternoon a bit by explaining that last week I was responding to a student who had asked me about the lead-up to Brexit. In replying to her, I dictated on to my digital recorder, for download by my assistant, my thoughts, which included the word “Brexiteers” several times. On every single occasion the predictive text provided us with a bit of a smile by downloading “bringing tears” rather than “Brexiteers”. For many of us, those tears continue to run down our cheeks.

This afternoon’s measure is very practical and I merely want to raise three points. First, there is the importance, highlighted by Paul Blomfield, my former parliamentary colleague from Sheffield, when this was debated in the Commons, of widening the issues that we would want to take forward in future. I hope that in the Trade Bill and any instruments arising from it we will be able to do that in terms of social value, the carbon agenda and environmental impact, and therefore be able to widen the current harmonisation and continuation of existing practice, including through the GPA.

The second is to ensure that we continue the process of recognising that harmonisation and alignment are a benefit to us rather than a disadvantage. The Minister spelled out why that was the case for the next 14 months and I think most of us recognise that it will be the case for many years.

The third and slightly more controversial point, which I could not resist making in my short intervention on these regulations, is that we are in a bit of a mess in this country at the moment on procurement. We have seen examples—understandable, given the speed of operation—of procurement in dealing with Covid that are completely unacceptable and place civil servants in an impossible situation. I would like the Minister to take back to his colleagues people’s genuine worry about how procurement is operating and the real danger of nepotism and worse. We really do need transparency, as well as systems that do not allow those in the know, or those who know the people in the know, to be the ones who get the contracts.