Brexit: Constitutional Reform and Governance Act 2010

Debate between Lord Bridges of Headley and Lord Tyler

Tuesday 13th December 2016 Lords Chamber

[Lord Tyler]

To ask Her Majesty’s Government at what stage, or stages, of the negotiations to leave the European Union they expect to meet the requirements of Part 2 of the Constitutional Reform and Governance Act 2010.

[The Parliamentary Under-Secretary of State, Department for Exiting the European Union (Lord Bridges of Headley) (Con)]

My Lords, the precise terms on which we leave the EU will be determined by the negotiations that follow the triggering of Article 50. These negotiations have yet to begin. It is therefore premature to speculate about timetables. However, the Government take seriously, and will comply with, all the constitutional and legal obligations that apply to the deal that we negotiate with the EU.

[Lord Tyler (LD)]

My Lords, this is an Act of this Parliament—nothing to do with Europe or Brussels but good British law. I would have expected by now, six months since the referendum, that the Government would be setting out in detail how they expect Parliament to respond to the initiatives on treaties. It is our statutory responsibility to scrutinise and ratify treaties. Can the Minister give us a little more detail? He is being incredibly coy. It is as if he and his colleagues were frightened of what Parliament might do. Could he at least indicate that this could be part of the subject of the White Paper that I hope he and his colleagues are going to produce?

[Lord Bridges of Headley]

I am sorry that I am being coy, my Lords. We have set out where Parliament will indeed be playing a very crucial role in the repeal of the European Communities Act, and Parliament—and this House—has been doing a tremendous amount of very useful scrutiny and work in the EU Select Committee and elsewhere. We will indeed look at what steps will be taken through the process, but I am not able to go further at this stage.

Electoral Status: Online Access

Debate between Lord Bridges of Headley and Lord Tyler

Wednesday 15th June 2016 Lords Chamber

[Lord Bridges of Headley]

I am sorry to disappoint your Lordships, but I am not going to commit the Government to that. Without the implementation of these boundary reforms, MPs would, by 2020, end up representing constituencies that are drawn up on data that are over 15 years old for all of the UK.

[Lord Tyler (LD)]

My Lords, will the Minister please take very seriously the issue raised by the noble Lord, Lord Cormack? There is a financial penalty, but it is not widely advertised. Would the Minister also accept our offer to work with him—he has been very generous in saying that he wishes to work on a cross-party basis—to examine the lessons of the last few weeks? This is a matter that concerns all Members of your Lordships’ House, and indeed the other place. In so doing, can we look at the particular issue of the potential discrepancy that the Electoral Commission anticipates between the 1 December register and the register next Thursday?

[Lord Bridges of Headley]

I am more than happy to work with the noble Lord and others on the practical consequences of the problems that we faced last week with the website and the lessons that can be learned as regards duplicates. As for the issue of automatic registration, I am sorry, but I have made the position clear.

EU Referendum: Voter Registration

Debate between Lord Bridges of Headley and Lord Tyler

Wednesday 8th June 2016 Lords Chamber

[Lord Bridges of Headley]

That is another fair point. We are indeed going to ensure that we cover reasonable costs for the EROs.

[Lord Tyler (LD)]

My Lords, I am not going to go back to the memories of 27 October. Perhaps the noble Baroness might remind some of her colleagues who failed to vote for my Motion that night. Obviously, what happened last night was damaging, and particularly for young people who for the first time were hoping to register to vote. Can the Minister confirm that, as of midnight last night, we were all well aware that something had gone wrong? Why was Section 4 of the European Union Referendum Act 2015 not then immediately put in motion? A draft SI could have been submitted to the two Houses today under the super-affirmative process and we could have dealt with this immediately. Does the Minister not recognise that, even as a result of the discussions in another place, which I followed carefully, there is still some real confusion as to what is going to happen with postal and proxy votes, which also have a deadline? No Statement has been made in your Lordships’ House or the other place on that matter. There is lots of confusion here, and it should be cleared up very quickly.

[Lord Bridges of Headley]

I think we all wish to learn the lessons from what happened last night—I totally heed that point. However, the Government need to move with haste and ensure that what they do is legally watertight. That is entirely what we are aiming to do. After all, the Government are rightly called to account by your Lordships on whether we legislate in undue haste, and to ensure that we do things in a proper way. As for postal votes, that is an entirely separate system of registration, and nothing is changing there.

Queen’s Speech

Debate between Lord Bridges of Headley and Lord Tyler

Tuesday 24th May 2016 Lords Chamber

[Lord Bridges of Headley]

I suspect that my noble friend knows the answer to that question. I am sure he will tell the House. I dread to think.

The noble Lord, Lord Lisvane, who has more experience on the matter of statutory instruments than many in this House—or, indeed, in Parliament—rightly raised the issue of the need for proper scrutiny of delegated legislation. I say to him, to my noble friend and to all noble Lords that after only a year in this House, I entirely agree that we need to do that. However, I say again, with due respect and very gently, that there is a comprehensive scrutiny system through which Parliament can hold the Government to account for the delegated powers and SIs that they use. This includes scrutiny by three dedicated Select Committees, debates in Standing Committees and Floor debates.

[Lord Tyler]

Before the Minister leaves the Strathclyde report, will he correct one point? He suggested just now that the three committees to which he referred had somehow prevented the need for a Joint Committee. Absolutely wrong—it is precisely the opposite. All three of those committees recommended that the proper way to deal with the relationship between the two Houses was to bring representatives of the two Houses together in a Joint Committee.

[Lord Bridges of Headley]

The noble Lord, as always, makes a very incisive point. All I can say right now is that the Government are working on their response and will respond in due course to all these points. The eloquence with which he and the noble Lords, Lord Kakkar and Lord Butler, and the noble and learned Lord, Lord Judge, have spoken shows that when, in due course, this happens, we will have a passionate and well-informed debate on the issue.

Trade Union Bill

Debate between Lord Bridges of Headley and Lord Tyler

Monday 25th April 2016 Lords Chamber

[Lord Tyler (LD)]

My Lords, I want briefly to contribute on this set of amendments to welcome, on behalf of my colleagues, the way in which the Minister has responded to our request last week to ensure that we saw the draft regulations. In particular, he has addressed the issue of the affirmative and negative procedures, and I am delighted to see in Amendment 7 that he has opted for the affirmative procedure.

However, I have a similar concern to that of the noble Baroness, Lady Hayter, on the issue of the cross-reference to the freedom of information legislation. As she and I are well aware, it is, we suppose, currently still under review. We therefore need to know whether the list of those organisations that are included in that legislation is as now or as it might be in the future. Would it not be a sensible compromise—perhaps the Minister could give us this assurance—that the cross-reference should be to those organisations that are included at the time of Royal Assent to this Bill and therefore relevant to this section of this Bill, in terms of facility time and indeed of check-off? It would be rather peculiar if, as it were, the Minister anchored himself into something that was on the move, and we therefore found ourselves in a period of less transparency, less credibility and less definition rather than, as I think was his intention, greater clarity.

[Lord Bridges of Headley]

My Lords, I thank the noble Baroness, Lady Hayter, and the noble Lord, Lord Tyler, for those very acute contributions. I apologise to them for not getting the letter to them sooner. However, I am grateful for the welcome that it has received. The noble Baroness, with her customary acuteness and accuracy, has shot seven Exocets across my bow on this. I shall attempt to answer them, and if I fail to do so then obviously I shall write to the noble Baroness and the noble Lord and put the letter in the House Library.

Have the 255 bodies been consulted? We will be discussing these with all these bodies as we proceed towards implementation. As regards specific bodies, the noble Baroness has clearly picked on a few here. I shall write to her as regards the Legal Services Board. We have been working very hard to try to make sure that the list is as accurate as possible—I stress that this is a draft—but I quite understand your Lordships when they say that that is not altogether satisfactory, and I am grateful to the noble Baroness for drawing my attention to the Legal Services Board. As regards academies and housing associations, those bodies will be covered if they meet the provisions as set out. I shall write with complete accuracy to the noble Baroness on those two points—but, as regards academies, my understanding is that they would be covered if they met the provisions.

The noble Lord, Lord Tyler, and the noble Baroness referred to the FOIA, and whether or not we might be looking at these issues. I stress that the FOIA was based as a starting point. Clearly, there is the double lock of not just being on the FOIA but being mainly funded. I shall look again at the words—I make no commitment about this, I am sorry to say—but I am unable to do so right now. The noble Baroness made some suggestions about wordings and the noble Lord made some suggestions about where we might be in future. I shall write to them both about those specific points, but I cannot make any commitments to change right now. However, I repeat that those are good points.

As regards the burdens, I heed what the noble Baroness has to say. As we saw in the previous exchange, when my noble friend discussed the previous amendment, this Government wish to ensure that we do not unnecessarily add to burdens. I stress that the information required for publication is a narrow and reasonable range, similar to that which, for example, English local authorities publish as part of the Local Government Transparency Code and which the Department for Education recommended that all schools publish in its 2014 guidance.

I shall end on that point. I commit to write to the noble Baroness.