Brexit: Trade Arrangements

Debate between Lord Bridges of Headley and Lord Purvis of Tweed

Thursday 12th January 2017 Lords Chamber

[Lord Bridges of Headley]

My noble friend is absolutely right, and once again we need to be very precise in the use of our language here. In many treaties there are periods for implementation. In other treaties, heads of terms might be negotiated and they are a bridge between those heads of terms and the end date. We need to be very clear what we are talking about.

[Lord Purvis of Tweed (LD)]

My Lords, to remove potentially years and years of uncertainty over tariffs and regulatory instability for business, would not the clearest signal to British business be for the Government now to indicate their intention that the UK retain membership of the customs union? Have the Government ruled this out?

[Lord Bridges of Headley]

The noble Lord raises an issue that the Government are analysing and assessing. There are a range of options open to us regarding the customs union and other aspects of our relationship with the EU. I will just repeat that we want to have a smooth and orderly exit, and as the Governor of the Bank of England pointed out yesterday, such an eventuality is in not just our interests but the interests of the EU itself.

Constitutional Convention Bill [HL]

Debate between Lord Bridges of Headley and Lord Purvis of Tweed

Friday 11th December 2015 Lords Chamber

[The Parliamentary Secretary, Cabinet Office (Lord Bridges of Headley) (Con)]

My Lords, I will make just a few, short points. First, I again congratulate the noble Lord, Lord Purvis, on this Bill. I always find it interesting to discuss these points. I am grateful to the noble Lord, Lord Steel, for being here and heed what he and the noble Lord, Lord Kerr, said. I will not repeat all the points I made at Second Reading. All I will say, briefly, is that this very short interchange shows that we will probably need a convention about the convention because it is so clear that we cannot quite agree on any of the terms. My noble friend Lord Forsyth called it ambitious. I think that is mandarin-speak for “virtually impossible to agree” on all these points. He said he was looking for the kitchen sink. We have the kitchen sink and, in the next debate, I think we are about to discuss the wiring and plumbing.

[Lord Purvis of Tweed (LD)]

It is probably fair that I respond to some elements of this debate, and in so doing I thank, first, the noble Baroness, Lady Hayter of Kentish Town. It is a pleasure to follow her and I also thank her for the throat pastilles that she gave me. It was a relief to see that this could be a relatively short Committee stage, so my voice can survive it. However, I can rely on the noble Lords, Lord Grocott and Lord Forsyth, to make sure that it is fully debated, in this “Second Reading in absence” debate that we have just had, in many respects.

I turn to the specifics raised by the noble Lord, Lord Grocott, before turning to some of the wider aspects that the noble Lords, Lord Kerr and Lord Forsyth, raised. It is a fair observation to say that the Bill states the need for reform of the electoral system. The noble Lord, Lord Grocott, is always very welcome to attend the all-party group, which considered the intention behind this. He might attend it as a radical, as the noble Lord, Lord Forsyth, said. There will be political theorists studying Hansard, so if the noble Lord, Lord Forsyth, is describing the noble Lord, Lord Grocott, as a radical, I need to go back to my political study books. The all-party group considered the number of systems that we have, including the changes brought forward in the Scotland Bill, whereby the Scottish Parliament will be responsible for its own franchise and mandate—and, in addition, how they all interact.

The fundamental feeling was that it was right that a convention should consider the interaction of all the electoral systems from the point of view of the voter and not from that of the institutions. In many respects, some of the debates on the role of Parliament and the institutions have been from the perspectives of the institutions themselves and not from that of voters. I see that the noble Lord, Lord Grocott, is itching to intervene, and I shall give way in just one moment. It is about that interaction, and how they operate; it is about how voters in my former area, for example, see two Parliaments, one elected on a proportional basis in Scotland and one here, where, as my noble friend Lord Wallace said, the Government were elected on 37% of the vote. The noble Lord asked me whether I referred to the electoral system of the United Kingdom Parliament, but that can only be a partial system, unless he is referring to the by-elections of hereditary Peers in this House.

--- Later in debate ---

[Lord Bridges of Headley]

I heed what the noble Lord so rightly draws out. My point would be that these are the foundation stones on parts of which we have been building over the centuries.

[Lord Purvis of Tweed]

My Lords, I enjoy the interactions with the Minister on this aspect, although we do not see eye to eye. I think he was referring to the previous constitutional history of England when he said “this country”. It is worth mentioning that. We often have to reflect on the previous errors of England in the constitutional history of these nations—plural.

I understood the amendment to require, as the noble Baroness, Lady Hayter, indicated, a more codified relationship between the House of Commons and House of Lords, and that it was not a consideration of a wider British written constitution. But I respect the extensive experience of the noble Lord in the other place and in this House, and share many of his views about the need for a more codified relationship in respect of our governance. It is interesting that those who now seem to set their faces against that—primarily the Government—are happy to institute processes that do not necessarily have any end or focus at all.

One example was the debate we had on incremental and gradual change of the House of Lords. Any objective observer of that process would feel that what the Minister said was a criticism of my Bill, but it could be applied exactly, in fact more so, to the process of reform that his own party is putting forward. That is amplified by the fact that the noble Lord, Lord Strathclyde, has proposed that external people should interfere in the procedures of this House, a point made by the noble Lord, Lord Forsyth. It is probably more appropriate for the Government to adopt a slightly different tone, because there is now justification for moving towards a more codified system of relationships between the nations and our governance.

I shall go back to the point made by the noble Lord, Lord Kerr. Incidentally, if the Minister thinks that a superhuman expert is required for the running of such a convention, the more the noble Lord, Lord Kerr, contributes to that debate, the better. Much as he may indicate that he is ruling that out, I cannot think of anyone more qualified or who could give me greater assurance in running this constitutional convention. He pointed out some of the difficulties we have been having without a more codified system that also ultimately seeks a degree of flexibility.

Turning to the amendment, if the conclusion of the convention’s deliberations was that our relationship with the legislation we consider needs to be dealt with through a written constitution, that would be one of the benefits of such a convention and a justifiable part of it. I take on board the points made by the noble Lord, Lord Hughes, but I ask him to withdraw his amendment on the basis that the convention should be empowered to consider this issue itself.

Electoral Registration and Administration Act 2013 (Transitional Provisions) Order 2015

Debate between Lord Bridges of Headley and Lord Purvis of Tweed

Tuesday 27th October 2015 Lords Chamber

[Lord Bridges of Headley]

My Lords, I hope that the noble Lord will forgive me. A lot has been said this afternoon. It has been an excellent debate, and there have been very good contributions from all sides, although I profoundly disagree with some of what has been said, as I will come on to. It is always nice to be reminded by the noble Lord, Lord Wills, that I have not read my Aristotle. He firmly puts me in my place.

I shall start by taking a step back to make two fundamental points, on which I hope we can all agree. First, we all agree that we want more people to engage in the democratic process and register to vote, but those who are not on the register today will clearly not be affected by the measure we are discussing, which is the removal of ghost entries. Secondly, as my noble friend Lord Lexden said in his excellent speech, nobody will lose their right to vote as a result of the government proposals that we are debating today.

Instead, the core of what we are debating comes down to the accuracy of the new electoral register. Do we keep on the new register ghost entries—entries of people who may have moved house or died or may never have existed in the first place? Are these ghost entries living, breathing voters, as the noble Lord, Lord Tyler, calls them, or hundreds of thousands of database errors which need to be removed ahead of the important elections next year? As the noble Lord, Lord Alton, rightly pointed out—let us not disguise this fact—for the sake of completeness, the Electoral Commission wants to keep those entries on the register, even if this means that the accuracy of the register is undermined. It judges the risk of fraud to be acceptable, and the Government disagree.

First, we believe that after 18 months of transition and more than a decade of waiting, as we enter a year of elections and possibly a referendum on Europe—possibly—the time has come to move fully to the new system. Secondly, we see the risk of fraud as unacceptable. Thirdly, we believe that people have been given ample opportunity to register on the new system. That said, fourthly, we entirely agree with those who want more people to register to vote and participate in the elections, but we do not make the register more complete by stuffing it with inaccurate registrations.

I shall take those points in turn. As the noble Lord, Lord Empey, said, we have been waiting for the full transition to individual electoral registration for more than a decade. As the current chair of the Electoral Commission said:

“This change is something we’ve been calling for since 2003 and is an important step towards a more modern and secure electoral system”.

To give the former Labour Government their due, they legislated to introduce individual electoral registration in 2009. The coalition Government further legislated in 2013 and, finally, in the summer of 2014, the new system was introduced. I remind your Lordships that at the general election, in its manifesto, the Conservative Party committed that:

“Building on our introduction of individual voter registration, we will continue to make our arrangements fair and effective by ensuring the Electoral Commission puts greater priority on tackling fraud”.

This Government believe that it is time to finish the process, and finish it now. This decision is not, as the noble Lord, Lord Kennedy, said, rash.

Let us consider the progress that has been made. Back in May, 96% of the electorate was successfully registered under the new system. It is the remaining 4%—the so-called “carry forwards”—that the Government believe should be removed from the register at the end of December. It is not the entire register that we are questioning, as the noble Lord, Lord Tyler, seems to suggest; it is the 4%. Then we have to ask ourselves: what do these entries represent; who are they; do they exist? The reality is that neither we nor the Electoral Commission know who they are. They may be people who have moved or have died, or they may never have existed in the first place. However, we have gone the extra mile to find out whether these entries actually are people living at the registered address. Electoral registration officers have been working tirelessly to confirm whether the remaining entries are real people or whether they are merely ghosts.

These people will have first been sent three invitations to register. If they had not done so by last autumn, an electoral registration officer would have visited the address linked to the entry. If this failed to elicit a response, a further letter would have gone to the address earlier this year. Where carry-forward still exists, these addresses will receive three further letters and another visit from an electoral registration officer this autumn. That is the second fact that I would ask noble Lords to remember. These people, if they are people, will have been contacted at least nine times by December. I ask noble Lords to compare that with the number of times people are contacted about renewing their TV licence—four times. These people, if these entries do indeed represent people, have been contacted nine times. On top of this, as the noble Lord, Lord Empey, said, the Government made available to councils up to £3 million of additional funding to support extra efforts targeted specifically at carry-forward entries, and £1.2 million of that was drawn down.

[Lord Purvis of Tweed]

I am grateful to the Minister for giving way. He has always been very courteous when we have been debating issues of the constitution. He will be aware that the Electoral Commission has taken everything that he has said into consideration, yet, as the noble Lord, Lord Alton, has said, it has still given a very clear recommendation that the transition period should not come to an end early. One reason is the significant polls scheduled for May 2016. The Minister knows that I was a Member of the Scottish Parliament. On an issue of principle such as this, it is inconceivable to me that the Government would not have consulted the Scottish Parliament in bringing forward the transitional period, given the significance of the polls in May 2016. Can he confirm formally, at the Dispatch Box, whether the Government did or did not consult the Scottish Parliament? If they did, what was the view of the Parliament?

[Lord Bridges of Headley]

My Lords, the timetable for the start of IER was agreed with the Scottish Government and allowed the referendum to take place before IER got under way. There is no legal requirement to consult on this order, and electoral registration is at present within the competence of the UK Government. I will come back in a moment to the other points raised by the noble Lord.

I refer those who argue that we should wait for another year to the Electoral Commission itself. It said that such efforts are likely to see:

“Diminishing returns because a greater proportion of these electors are no longer resident at that address”.

On the point that the current canvass will address this issue, I agree entirely. The canvass going on at the moment means that we can be even more sure that the vast majority of these entries are ghost entries.

I come to the next point. Where are these ghost entries? Six of the local authorities with levels of carry-forwards above the national average have been identified as among the authorities more at risk of electoral fraud. As my noble friend Lord Hayward said, one of these boroughs is Tower Hamlets. There, the election judge slammed the “extremely lax” registration rules of the previous system as opening the door to electoral corruption. It is worth noting that the London Borough of Tower Hamlets was awarded top marks in the Electoral Commission’s performance standards for electoral integrity.

In Hackney, which is not even one of those six authorities, there were in May 43,000 carry-forwards. That is 23% of its electorate—I repeat: 23%. It is worth noting that in Hackney the register has increased by 10% since the introduction of individual electoral registration. The Electoral Commission states that the increment in the number of entries,

“may have therefore been inflated by a high volume of inaccurate entries”.

What might be the cause of those inaccuracies?

Hackney, and many other areas where there are large numbers of ghost entries, share a common characteristic: their population is, as has been mentioned, mobile—and in mobile populations many people rent their homes. Again, the Electoral Commission itself has suggested that those who rent private sector accommodation are more likely to have been carried forward. Why is that? One in three households in the private rented sector moves every year. It is therefore hardly surprising that we see a high percentage of carry-forwards in these areas given that the entries to the register are over a year old, dating from February 2014, which was before the introduction of the new system. As my noble friend Lord Hayward pointed out, these numbers are not just in Labour areas; the last time I looked, Kensington and Chelsea, Wandsworth and Windsor were blue.

Constitution: Gracious Speech

Debate between Lord Bridges of Headley and Lord Purvis of Tweed

Thursday 25th June 2015 Lords Chamber

[Lord Purvis of Tweed]

The Minister referred to the Smith commission, which was established by the Prime Minister and chaired so well by the noble Lord, Lord Smith of Kelvin. Perhaps that indicates that commissions —which can be cross-party, consensual and result in clear conclusions that the Government then honour a commitment to deliver—need not be “long grass” and need not necessarily be in a party manifesto.

[Lord Bridges of Headley]

I argue instead that that commission was drawn up in response to a very specific point. It was brought about by the consequences of the referendum. What we have here is a much broader set of issues; as I argued, we do not have agreement on what a convention would do, its terms of reference or those who would sit on it. Furthermore, we have a mandate and a clear plan of action that we need to deliver. No doubt we will return to this in due course. I very much look forward to doing so.

Meanwhile, we are devolving more powers to cities and to communities. The local government Bill that is currently before your Lordships puts in place the legal framework enabling us to decentralise powers to cities and counties across the country. I thank the noble Lord, Lord Soley, for his support on that point. In response to the noble Lord, Lord Rennard, it would be for people to elect their local decision-makers and to hold them to account. I dispute the concept that they would be one-party states.

All this reflects the fact that the Government recognise that a one-size-fits-all approach to constitutional change will not work. The individual devolution settlements reflect the distinct histories and circumstances of the different parts of the United Kingdom. To make sure that those settlements function effectively, we must ensure that the Governments of the different nations of the United Kingdom work together. As such, all four of our Governments are working together to review the formal and informal processes that govern our relationships, and we will collectively agree the best way forward. As part of this, we will explore the recommendations of the House of Lords Constitution Committee’s report on intergovernmental relations.

I turn to English votes, another issue that a number of noble Lords have spoken about. Just as devolution has strengthened the voices of Scotland, Wales and Northern Ireland within our union, the Government’s proposals for English votes will create fairer procedures to ensure that decisions affecting England, or England and Wales, can be taken only with the consent of the majority of Members of Parliament representing constituencies in those parts of United Kingdom.

Once again, I refute the argument made by a number of noble Lords that this approach is partisan. As the noble Lord, Lord Butler, said, this issue and proposal is addressing something that was created by devolution. The West Lothian question is almost as old as I am. It sits there in the triptych of those other constitutional questions: the Schleswig-Holstein question and the Irish question. It deserves to be answered, as the noble Lord, Lord Soley, said.

What we need is a balanced and fair settlement which gives MPs from across the House a role in making legislation but ensures that English matters are approved by English MPs, just as Members of the Scottish Parliament have the final say on devolved matters. Importantly, every MP from every part of the UK will still be able to debate and vote on every piece of legislation in the Commons. English votes for English laws will therefore help safeguard the union by embedding fairness into Parliament’s law-making processes.

Several noble Lords referred to the Bill of Rights. As the noble Lord, Lord Wills, mentioned, this is obviously something a number of your Lordships have scrutinised in depth. This Government were elected with a clear mandate to reform and modernise the UK human rights framework. As such, we will bring forward proposals, as was set out, for a Bill of Rights to replace the Human Rights Act.

The Government are currently developing proposals on which we will consult fully in due course. The noble Lord, Lord Wills, and others argued that the Bill of Rights could undermine human rights. Once again, I disagree. Our Bill of Rights will protect fundamental human rights but also prevent their abuse and restore common sense to the system. We want to remain part of the European Convention on Human Rights but the system must be reformed to ensure that British judges decide how to interpret the law. Our Bill of Rights will therefore be based on convention rights but will take into account our common law tradition and make clear where the balance should lie between Strasbourg and the British courts—a point I think the noble and learned Lord, Lord Brown, referred to. We believe that we can make progress as part of the ECHR. However, to repeat what has been said before, we do not rule out leaving it if that proves impossible.

We will of course reflect on the devolution implications of a Bill of Rights as we develop our proposals, and we will engage the devolved Administrations in that process and make the case for reform. I know that this matter, like all the topics we are covering today, is of keen interest to your Lordships. Therefore, I reassure noble Lords, especially the noble and learned Lord, Lord Brown, that there will be significantly more consultation on and scrutiny of the Bill of Rights than there was for the Human Rights Act, which was introduced without formal consultation and within just six months.

The boundary review is, once again, an issue of fairness in order to give votes more equal value. Individual electoral registration policy has cross-party support and has been consulted upon widely and debated extensively in Parliament. The new online application service has made registration easier and more accessible than ever before, and it now takes as little as three minutes to submit an application. Indeed, there were more voters on the register at the general election than when the new IER was introduced a year before. As the noble Lord, Lord Hunt, said, last week the Electoral Commission published its analysis of the registers used to administer the general election in May 2015. I can confirm that the Government will indeed respond to that report in due course.

Our constitutional history is one of change, some sudden, some gradual. Once again, Sir Walter Bagehot put this very well when he referred to,

“an ancient and ever-altering constitution”,

full of “hidden inner change”.

Our programme for this Session, as set out in the humble Address, aims to create a fair and balanced settlement which empowers people across the United Kingdom. As we proceed, obviously the proposals must be debated and scrutinised. I am sure that those points that have been raised today which I have failed to address will be debated further in full, but here the role of this House will be invaluable. John Stuart Mill was quite right, though: much remains to be said. I look forward to hearing more in the weeks and months ahead.