My Lords, I apologise for interrupting the noble Lord but we usually have 10 minutes for a Urgent Question repeated from the other place. Those 10 minutes are up, and we have other business to transact.
I have a question for the Chief Whip. Did the 10 minutes include only Back-Benchers? Judging by the clock it did not.
(6 years, 11 months ago)
Lords ChamberMy Lords, it is the turn of the Labour Benches and I suggest that we hear from the noble Lord, Lord Campbell-Savours.
My Lords, the Leader of the House is a member of the Cabinet and therefore I am sure that she will know the answer to my question: is it the Government’s intention that at the ferry port at Belfast there will be no customs officials or immigration officers in attendance with the remit or ability to check non-UK citizens travelling to ports in Scotland, England or Wales?
(7 years, 1 month ago)
Lords ChamberMy Lords, I think we should hear from the Conservative Benches and then perhaps we can turn to the Labour Benches.
(8 years, 8 months ago)
Lords ChamberMy Lords, I have had discussions in the usual channels, and we are going to be able to make quite a considerable amount of headway very quickly indeed. If noble Lords will bear with me, I said I would make a statement at 7 pm or thereabouts. I am willing to do so, but I know that the next group of amendments to be debated will be brief. I am also assured that the subsequent group will not be moved. There are then two groups of government amendments. I have agreed with those who have tabled the last group of amendments—which we will not reach—that they can be brought back on Report and debated under Committee rules. That is a practical solution, and I hope that noble Lords will agree it is a sensible way forward.
Does bringing the amendments back on Report and debating them under Committee rules mean we will have the opportunity to debate those particular amendments on two separate occasions prior to Third Reading? Is that what it means or are we simply absorbing the amendments that are due to be moved into Report? That is not what I understand has been agreed.
I am sorry, but I do not think that the noble Lord understands exactly what I am saying. I would be grateful if we would allow business to continue. We do not normally close until 7 pm, and it is not 7 pm.
I will be very happy if we resolve all these amendments this evening, but it has been suggested that we will not do so because of the pressure on time. It is up to the House to decide how it deals with this matter, but I hope that noble Lords will take my advice. There is very little left to do on this Bill in Committee—please let us continue.
I am sorry, but it has now been explained that we will have only one opportunity prior to Third Reading to discuss these particular amendments under the proposal made by the Chief Whip.
No, that was my first option because I understood that noble Lords were very keen to go away and not debate the issue. I would be very happy if noble Lords wanted to debate this. The noble Lord, Lord Krebs, and the noble Baronesses, Lady Parminter and Lady Young, are here, and I am very happy that we should do that. The House has to sit until Royal Assent is given to two Bills that have arrived from the Commons, so there is no question about time—we will be here. It is a question of whether noble Lords wish to deal with the business that is before us.
We sat here until after midnight on Monday. The public outside should know that we sat here until after midnight on Monday and after midnight last night. The Chief Whip now proposes that we should sit here longer than we should sit here. It is all right dealing with this other business, but the fact is that there is not enough time to complete the Bill under normal Committee arrangements. The Government are ramming the Bill through. It is wrong and we object.
(8 years, 12 months ago)
Lords ChamberMy Lords, with the leave of the House, it may be helpful if I make a brief business statement regarding our proceedings this afternoon. There are 64 Back-Bench Members who wish to speak in our debate today. If contributions are limited to four minutes each, we would expect the winding speeches to start at about 9 pm. This would allow the House to make its contribution to the debate before the House of Commons vote on the Government’s proposals, which is expected to be at about 10 o’clock. I remind noble Lords that the clocks are set at zero when they rise to speak and that when the clock shows “4” the full four minutes will have elapsed—so if you see “4”, your time is up. The Whips have been instructed to deal firmly with noble Lords who exceed the speaking time. In the circumstances, I therefore ask noble Lords to be restrained in intervening on speakers.
My Lords, if speeches overshoot, what will happen at 9.30 pm?
I think I can count on this House to show good sense in the way in which it deals with a very important subject. We all have a collective interest in allowing everyone who has indicated a wish to do so to have their say. The whole purpose of this statement is to encourage the House to exercise self-restraint in doing so.
(11 years ago)
Lords ChamberMy Lords, this has been a very good small debate on what I consider to be a very important subject. My noble friend has done the House a great favour by raising this important matter for us to debate. I will not mention all those who have spoken but, without exception, all noble Lords have recognised the issue that we have to deal with. I hope I can demonstrate that the Government are looking for a positive way forward on this.
I am sure that many other noble Lords besides those who have spoken will have strong views on the noise generated by the demonstrations that take place in the vicinity of the Palace of Westminster. We have, of course, been here before. As noble Lords have pointed out, legislation to deal with such demonstrations was first passed in the Serious Organised Crime and Police Act 2005. We should not forget just how contentious that legislation was, which is why it was repealed and replaced with more proportionate measures in the Police Reform and Social Responsibility Act 2011, to which my noble friend referred.
My noble friend and the Committee will be sensitive to the need, before passing further legislation, to be very careful about taking any action that may impact disproportionately on people’s right to protest and their freedom of speech. However, I recognise the gross disturbance which amplified sound is now bringing to otherwise legitimate demonstrations. The proximity to the working offices of the House of Lords makes it difficult for Peers, officers of the House and staff to conduct their parliamentary duties. A number of noble Lords have referred to that.
With the Police Reform and Social Responsibility Act 2011 having addressed the problems in Parliament Square, noble Lords may feel that some of those problems have been displaced, particularly to the small area around the George V Memorial and the surrounding lawns and paving, as referred to in the amendment. Perhaps it would help noble Lords if I describe the law as it applies for areas away from Parliament Square. The 2011 Act strengthened local authorities’ by-law-making powers, in particular by including a power to seize items used in connection with the contravention of a by-law. Westminster City Council and the Royal Parks authority updated their by-laws immediately after the relevant provisions of the 2011 Act were brought into force. The by-laws include measures to deal with tents, structures and excess noise.
These by-laws, in many ways, already have the effect intended by this amendment. Westminster City Council by-laws and the Royal Parks by-laws contain strict noise control provisions covering Old Palace Yard and surrounding areas such as Abingdon Green. The by-laws state that a person should not make or allow to be caused any noise which is so loud or so continuous as to give reasonable cause for annoyance to others in the area. But here is the rub: the enforcement of by-laws is a matter for Westminster City Council and, ultimately, the police. Suspected breach of a by-law could lead to arrest and prosecution. In taking any enforcement decisions, the authorised officers or the police would take into account the need to allow a right to protest outside Parliament. Achieving a balance seems to be part of the difficulty. Perhaps the noble Lord, Lord Campbell-Savours, has suggested an idea that recognises this to try to avoid the gross disruption experienced currently. I do not know. Some noble Lords have questioned what he has proposed, but I thank him for giving us a possible solution.
There is a precedent for building on sensitive land within the area of Westminster; that is, the proposal being made by both Houses to build an educational centre of 6,000 square feet on Victoria Tower Gardens, which is the subject of a lot of debate at the moment. The proposal I am making is not that it would be one exhibitor; there might be a dozen exhibitors on rotation, drawing on different organisations, coming in nationally. Members of Parliament and Peers would visit in those circumstances because it would be a lobbying centre, and it would set a precedent that I think might be mirrored by other parliaments.
I thank the noble Lord for elaborating on what he is thinking. I thank him, genuinely, for trying to think positively about how to handle the rightful expression and the disruption to which Members, staff and officers of this House are currently subject because of the excessive noise.
Of course, there are further provisions. The Public Order Act 1986 allows the police to place conditions on static protests or demonstrations. The Environmental Protection Act 1990 allows the police to deal with noise issues. But enforcement lies at the bottom of all these measures at present, and the police need to balance the management of disruption caused by any protest against people’s right to protest—I think we would all accept that.
The police have sufficient powers under the Public Order Act, and the police and Westminster City Council can enforce by-laws that cater for noise issues around the Palace of Westminster. The issue, therefore, is how the existing by-laws are enforced. One would have to say that this is an operational matter for the police and Westminster City Council. That said, I fully recognise the degree of distress caused by the repeated use of musical instruments, loud-hailers and amplifiers in the areas adjoining your Lordships’ House and the disruptive effect that can have. I have been told—and we have heard today—of Peers evacuating their offices to work elsewhere, and of another who has been made to feel physically ill as a result of the noise. This cannot be tolerated.
I propose to my noble friend that he and I meet the Metropolitan Police and Westminster City Council to discuss this issue ahead of Report to examine a way forward in dealing with this problem. I suggest that we also include the Dean of Westminster Abbey. As my noble friend has pointed out, the abbey is also subject to the gross disturbance that amplified sound is now bringing to some demonstrations.
(12 years ago)
Lords ChamberFirst, on this preliminary document, which will not be the final document, will there be anything more in front of the Commons when they consider this in Committee than what is provided to us before Third Reading? Secondly, why should not preliminary drafting work, which I presume is going on now, be made available to the House—or certainly to the Commons—at an earlier stage?
I think I can reassure the noble Lord that I am doing my best to make sure that this House is informed before Third Reading of the nature of the document and the context in which it is being presented. I hope that the same document would indeed be available to the House of Commons. Until the Bill is enacted, the document cannot of course be laid before the House other than in a framework format. I hope that I have reassured the noble Lord that he and his colleagues in another place will have the information on which to see how this aspect of the Bill—the memorandum of understanding—is designed to bring flexibility into the procedures of the ISC.
Indeed, we wish to ensure that the memorandum of understanding is not used to restrict in any way the ISC’s remit or its functions as set out in the Bill. As we explained in our memorandum to the Delegated Powers Committee—another memorandum—the purpose of this clause is to enable provisions to be included in the memorandum of understanding to ensure that the ISC’s oversight of operational matters does not: interfere with the statutory accountability of the intelligence services to their Ministers; overlap with the roles of other independent oversight bodies, such as the Intelligence Services Commissioner; or lessen the effectiveness of the intelligence services and other intelligence and security bodies, or place any undue resource burden upon them. We believe that a clear understanding between the Government and the ISC as to how the ISC can most effectively oversee operational matters without compromising these imperatives is best achieved in a flexible instrument agreed between them. These amendments would, I fear, seem to preclude that. On that basis, I hope that the noble Baroness will see fit to withdraw the amendment.
(12 years ago)
Lords ChamberIf Amendment 1 were to be carried, there would be discussions in the House of Commons. It would probably come back with a decision and an announcement to the House that it intended to set up a committee by way of parliamentary resolutions, so none of those issues would arise.
I hope that I can reassure my noble friend and the noble Lord that I intend to use my eloquence so that the House is not presented with this issue of confusion. That must be my task, and I will pray in aid the words of the noble Lord, Lord Butler of Brockwell. I hope that the House will not mind if I quote him at length. In Committee, he said:
“I think we all agree that the ultimate purpose is that the public should have confidence in the committee’s scrutiny of the intelligence services. However, it was clear from the speech of the noble Lord, Lord Campbell-Savours, that if this were to be a Select Committee, it would have to be hedged around by a very large number of parliamentary resolutions, and that would have the same effect as the constraints that are written into the Bill. The question is: would that make it more convincing if it were a Select Committee when it was a Select Committee unlike any other because it would be so inhibited by those restraints?
They say that something which looks like a duck and quacks like a duck can be regarded as being a duck, but this would not look like or quack like a Select Committee; it would be something completely separate”.—[Official Report, 9/7/12; cols. 933-34.]
I hope noble Lords understand why I wished to quote the noble Lord; it was such a brilliant précis of the position.
I can see much force in that argument. It was reinforced today by the noble Lord and by the former chairman of the ISC, the noble Baroness, Lady Taylor of Bolton, and my noble friend Lord King of Bridgwater.
The noble Lord, Lord Campbell-Savours, raised the question of parliamentary privilege. It may be possible to give the committee bespoke statutory immunities that would provide it with protections which would replicate aspects of privilege. The noble Lord said that that might well be what the Government are proposing, but it would not be the same as legislating to provide the same privileges for the committee. If the ISC were given privilege by statute, as the noble Lord, Lord Campbell-Savours, said, that might encourage courts to rule on proceedings in Parliament. Courts already rule on this question. The Supreme Court judgment in the recent Regina v Chater case is an example of that. For instance, it might be possible to give protection for witnesses before the ISC so that the evidence they give to the ISC in good faith cannot be used against them in criminal, civil or disciplinary proceedings. The Government are considering whether that is a viable approach and whether it is the best approach to tackle this issue. We may bring forward amendments to deal with this issue at a later date.
The addition of the “of Parliament” amendment, proposed by the noble Lord, Lord Butler, and the noble Marquess, Lord Lothian—accepted in principle by the Government and to which we will come presently—would have a number of consequences. One possible consequence is that the ISC would have the power to take evidence on oath. This, in turn, raises the possibility that those who intentionally mislead the committee, while giving evidence under oath, would be subject to the same sort of sanctions which might apply in similar circumstances to a witness before a Select Committee. If, on further analysis, that is not a consequence of that amendment, we would be content to look at whether there is the need for a provision in the Bill to make clear that the ISC may take evidence on oath. I hope that the noble Lord, Lord Butler of Brockwell, will be happy not to move his amendment in the light of what I have described of the Government’s position on these matters of privilege.
I turn to Amendment 30, which again is tabled by the noble Lord, Lord Campbell-Savours, and relates to the role of the Intelligence Services Commissioner.
That is an error on my behalf. I tabled it over the weekend when we were not here. I will not move that amendment.
My Lords, I apologise for that and will move on to deal with the substantive issue. The work of the commissioner is a different role from that of the committee. Of course, it complements it. I hope that we will be able to use our ability to enhance it and ensure that it continues to meet our needs. The Government believe in strengthening oversight and, clearly, the commissioner has a role in that.
On the basis of the arguments that I have presented, I hope that the noble Lord will withdraw his amendment.
The noble Lord has repeatedly said, “We are considering”, and “It might be possible”. There is an element of doubt. It may be possible, but if it is not possible, are they then ruling out Select Committee status?
My Lords, I have every confidence that a solution to the issues and challenges of providing the necessary protection will be found. However, I was not intending to use this debate to present those conclusions to Parliament. I am sure the noble Lord will look forward with interest to hearing them in due course.
I thank the noble Lord, Lord Butler of Brockwell, for tabling these amendments. I hope he will feel able to withdraw this amendment in the light of my reassurances on progress.
(12 years ago)
Lords ChamberI am very pleased that my noble friend has made that contribution to the debate. If I disagree with him, it is not because I do not respect his experience and the fact that he was active in politics in that part of the country at the time when this report was being produced. He has a copy and has no doubt studied it. However, if I thought that nothing more was going to come out of this further investigation, all I would say is, “Fine. That is very good”. If there is nothing more to be found, we can rest content that the matter is indeed closed. However, if we find that there is other material, we should know of it. We are right to seek to pursue this matter even though many of the individuals involved may long ago have disappeared.
My Lords, on 17 June 1996 I asked the then Secretary of State, Mr Hague, whether all the cases that have been referred to in the appendices to the Jillings report had led to prosecutions. I was told that that was not the case, and that there were names which were still outstanding. Can we be assured that, as a result of what the Government are planning, those outstanding names will be reconsidered with a view to prosecution if at all possible?
I am sure that is the purpose of the further inquiries that are being made.
(12 years, 8 months ago)
Lords ChamberMy Lords, as part of the Government’s drought summit, water companies are committed to reducing water losses and increasing leakage detection. It is important to say that leakage cannot be eliminated altogether. Even new pipes can leak, but water companies have leakage targets to move them to a sustainable, economic level of leakage. Leakage has fallen by nearly 40 per cent since the mid-1990s and is expected to fall by a further 3 per cent in the next three years.
My Lords, what progress is being made on the proposal to build a new large reservoir in the Abingdon area—I think that it is in Oxfordshire?
I know nothing of that proposal so I am not in a position to answer the noble Lord’s question. Reservoir capacity is important, of course, but even more important is the opportunity to connect up existing river resources and water resources so that they are available across water companies. That is the point that I wanted to make in response to my noble friend’s Question.
(13 years ago)
Lords ChamberI thank my noble friend Lord Storey, who also has local knowledge of the area. The principles he espouses are ones which I personally would endorse, but this is of course a matter for the local IFCA, as the issuing of permits is in the hands of the North Western IFCA.
What testing is organised by the Environment Agency to test for contamination of the cockle beds by sewage outfalls from south Cumbria and the Morecambe Bay area?
I am not sure exactly what the procedures on that are, but I will certainly write to the noble Lord. Healthy food is obviously important, and shellfish infection can be very dangerous. The Government are mindful of that. I cannot tell the House the exact procedures at present, but I will write to the noble Lord and place a copy of the letter in the Library.
(13 years, 1 month ago)
Lords ChamberWe have treated this from the beginning as a very serious focus of interest. My right honourable friend Jim Paice has headed up the oversight board, which meets every six weeks and monitors progress, and there is no doubt that the performance of the RPA has improved remarkably. It is not perfect, but it is getting there, and I hope that people will acknowledge that.
My Lords, what has been the principal factor in securing this higher efficiency within the agency? Has there been a contribution from Workington?
From Workington? I am sorry; I should have realised the noble Lord’s connection, and I apologise for not picking that up. I am sure there has been a contribution from Workington, but there has also been a contribution from many other people involved in making this body a more responsive, speedier and easier-to-use organisation for farmers.
(13 years, 8 months ago)
Lords ChamberI think the noble Lord is under a misapprehension. The difficulty with RDAs was that they had clearly defined, strict borders. The great thing about LEPs is that they are partnerships and they are flexible enough to be able to work together when they need to. That is our answer to the question of the north-east. There are opportunities for LEPs to work together across boundaries. That is their huge advantage over the strictly geographically delineated boundaries that existed between RDAs and the difficulty of getting joint projects going with them.
The south Midlands was an area of the country where the south-east, the east Midlands and the eastern region met in an area around Milton Keynes, Northampton and Bedford. That particular group now has an LEP in common. It is a true economic region in the sense that there is a community of interest across what previously was RDA territory. We have deliberately placed the onus on the partners to show that they have identified a real economic area to cover. We have not sought to second-guess them. We have asked the partners to think again about a particular proposal only where there is a substantial difference of view in the area itself and in the places around it.
The RDAs were expensive bodies to run and often duplicated activities which could be better undertaken at local or national level. In much of the country people felt little or no attachment to regions. In our earlier debate much was made of the local support for the north-eastern and north-western regions. The noble Lord, Lord Clark of Windermere, talked of the way in which Cumbria identifies more strongly with Newcastle than with Manchester. Only yesterday the House approved the creation of the Greater Manchester combined authority. The noble Lord, Lord Beecham, and I took that through as a statutory instrument in the Moses Room last week. It reflected the desire of that area for a stronger local focus. I remain doubtful that the enthusiasm for a unified north-east region runs quite as high by the Tees as it does by the Tyne.
In our new circumstances we need lighter, more nimble bodies, capable of forging new linkages and alliances, rather than being caught up in regional straitjackets. Where partnerships wish to work together, we welcome it. If they had chosen areas which had matched one or more of the former regions and been able to demonstrate economic benefits and support from businesses and local authorities, we would have welcomed that too, but the fact is that they did not. In our previous discussion I pointed to the enthusiastic response we have received throughout the country to our call to develop local enterprise partnerships. On 8 March 2011 the 31 partnerships sent 90 representatives to a summit in Coventry. The Prime Minister, the Deputy Prime Minister and the Secretaries of State for Business and Communities were all present. They confirmed their support for the formation of an association to help partnerships share knowledge and ideas. This idea came from the partnerships. The Deputy Prime Minister also announced that the second of the regional growth funds would open on 12 April, and those successful in the first round will be announced shortly. Some £1.4 billion will be in that fund over the next three years.
I am grateful that my previous letter has been well received. I shall do my best to answer some of the questions that have been asked tonight, although it may not be possible to do so in the case of some of those which were highly specific. I shall do my best to give answers that cover some of the most central points raised. The first question was what the Chancellor announced today. He announced that the Government would introduce 21 new enterprise zones. I do not belittle them—the noble Lord, Lord Prescott, did rather. They will all be important; they will all be established in LEPs; and they will be focuses for growth. The Budget names the LEPs that will receive the first enterprise zones, plus London. The next 10 will be established through a competitive process. Benefits include the business rate discount over a five-year period.
It was asked whether LEPs have the capacity to take on the wide range of projects envisaged—the noble Lord, Lord Campbell-Savours, made this point particularly strongly. The capacity of LEPs will vary initially. Some are based on well established structures—Manchester being an example of an existing structure, let alone the fact that it now has a combined authority—but others are entirely new. The LEPs are establishing a network to share experience and best practice to bring new partnerships up to speed quickly.
The noble Lord, Lord Campbell-Savours, in what I acknowledge was a very impassioned speech, asked whether there would be a fire sale of assets. The brief answer to that is no. It will be a managed process. Assets of which it makes commercial sense to dispose in the short term are being identified and a list will be made available to local authorities shortly. However, where it is more sensible to dispose of assets over the medium or long term, it will be done. It is important to emphasise that the RDAs are liaising with the local authorities within their patch and with the LEPs to make sure that this process is managed efficiently.
It was suggested, I think by the noble Lord, Lord Beecham, that the LEPs will not have a role in inward investment and European funding. That is not the case, because UKTI and the DCLG have made it clear that they will work closely with LEPs and other local partners on inward investment and on the European regional development fund. The noble Lord, Lord Beecham, also asked what discussions were going on about the position of the North East Economic Partnership and its assets. Discussions are ongoing; I cannot comment on the path that they are taking. However, we have confirmed that that we are not able to pass on assets as gifts or for deferred consideration to that partnership.
The noble Baroness, Lady Quin, also raised questions about the north-east.
The letter to my noble friend refers to a nominated single national contractor. Could the Minister give us a little more information as to what is intended? What sort of body would it be? Would it be a private sector body or an existing company? Is it to be established by some consortium? What actually is it as an entity?
I am afraid that much of the effort involved in the census has to be made in chasing those who have not returned the form. The task of some 35,000 field staff will be to chase up the addresses from which no return has yet been received. That is the reason for the chase-up advertising.
My Lords, is it not rather ironic that all this effort is being put into the census when the same is not being done for electoral registration?
I think that the noble Lord has made that point before when we were discussing other matters, and I appreciate his contribution on this. I am sure that he will agree that getting accurate information is important for proper and effective government.
(13 years, 10 months ago)
Lords ChamberThe opportunity for people with two residential qualifications to register is long-standing; it is part of the law of the land and would require amendment for it to be changed. It is not for me to pass comment on whether it is fair.
Does not the Government’s decision to set their boundaries on the basis of the December 2010 register, which includes this flawed material on second homes and the registration of voters, further confirm how the data that are being used for boundary setting are just unacceptable and should not be used?
I wondered when that question would be posed, because it ties in with the debates that we are currently having on the Parliamentary Voting System and Constituencies Bill. The distortions that all databases have—the census is no exception, because it, too, has to be assessed in various areas because of low returns—are distortions to the electorate numbers and would affect electorates in university towns and coastal recreational areas in particular. I should emphasise, however, that residences that are used primarily for recreational purposes are not, in general terms, considered to be second residences and should not be registered.
(13 years, 11 months ago)
Lords ChamberI am sure the whole House will agree that the integrity of the process is important. I note the right reverend Prelate’s observations.
My Lords, why cannot the census questions be amended in such a way whereby we can secure far higher levels of electoral registration, particularly when in the future we are going over to the new system of individual registration?
One difficulty of all welfare systems is their complexity. It is always difficult to draw the line between a complex system and one that is more arbitrary. The Government have made the right decision in this case.
My Lords, how can it be fair for a married couple on £80,000 a year to keep their child benefit while a married couple on £43,000 a year will lose it?
The question that has to be asked is whether it is reasonable to ask somebody who is earning something like £25,000 a year to contribute through the tax system to the child benefit of people earning that sort of money.