Procedure and Privileges Committee
Debate between Lord Cormack and Lord Gardiner of Kimble(11 months, 4 weeks ago)
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The Senior Deputy Speaker
My Lords, when I came into this Chamber, I always thought that Northern Ireland was part of the United Kingdom, and my personal preference is that it will always remain so. Others rather than the Foreign Secretary will answer questions relating to Northern Ireland.
Lord Cormack (Con)
My Lords, the noble Baroness asked a very mischievous question and she knew very well she was doing so. Many of us will welcome the comments in the first report about the length of speeches—
Procedure and Privileges Committee
Debate between Lord Cormack and Lord Gardiner of Kimble
The Senior Deputy Speaker (Lord Gardiner of Kimble)
My Lords, the last edition of the Companion to the Standing Orders was issued in 2017. Although preparations for a new edition were almost complete in early 2020, publication was inevitably delayed by the start of the Covid-19 pandemic, which led to the rapid adoption first of virtual and then of hybrid sittings. Only now, as the House has returned almost entirely to pre-pandemic procedures, has the committee been able to complete this work.
If the report is agreed today, a new edition of the Companion will be published online later this week and hard copies will be ready for when the House returns in September. The new edition will take account of changes to our procedures agreed by the House since 2017, giving us all an up-to-date, accurate edition of the Companion once again.
The report, which is, in most respects, identical to the committee’s seventh report of the last Session, also proposes a few minor but substantive changes to which I now seek the House’s agreement. I had originally intended to move the Motion to agree the seventh report on 16 May, but following representations made to me by number of noble Lords, I decided not to move the report but instead go back to your Lordships’ committee to ask it to look again at two particular issues. First, there is the proposal relating to the Lord Speaker’s leave of absence. I hope the recommendation that we have now brought forward, which seeks to accommodate the House’s legitimate interest in the Lord Speaker’s performance of his public duties, will be supported. Secondly, we have looked again at the recommendation on taking young children through the Division Lobbies. I must outline that this is not a change but confirmation of pre-existing, uncodified practice and I hope that the House will agree that the wording that we have now proposed reflects this.
Before concluding, I want to offer some further reflections on the short debate that took place last Thursday on the Motion to appoint the noble Baroness, Lady Taylor of Bolton, to the committee. The purpose of the Companion is to describe procedures that the House itself has agreed and is not to instigate changes to those procedures. Preparing a new edition is thus largely a technical exercise, updating the text to ensure that it accurately reflects current procedure. This means incorporating any changes to our procedures that the House has agreed since the last edition, as well as reflecting changes in statute law or updating references to Commons procedure. The entire text is carefully checked, errors corrected, and footnote references checked and updated.
Since the Procedure Committee was first appointed in 1940, the Companion has been published under the authority of that committee. The committee triages changes and brings points of substance to the House for a full debate, while taking responsibility for approving the many purely editorial or technical changes that are required when updating any document of this length and complexity.
I take very seriously concerns expressed by noble Lords. As I said in responding to last Thursday’s short debate, there is nothing unexpected in the new edition of the Companion, which, in substance, reflects the many changes that the House itself has agreed since 2017. But, to ensure the maximum possible transparency, I approved publication of the complete draft text of the new edition of the Companion, which was published electronically on Friday 17 June and made available in the Library. I have also arranged for copies of papers considered by the Procedure and Privileges Committee while preparing the latest addition to be placed in the Library of the House. These papers provide an audit trail of the committee’s decision-making.
I hope that, with these assurances, the House will now be content to agree the report that is before it today and thereby allow us to finalise the text of the new edition of the Companion. I beg to move.
Lord Cormack (Con)
My Lords, perhaps I may first say how grateful I am to my noble friend the Senior Deputy Speaker, in particular for arranging a meeting that I had this morning with the Clerk Assistant. I accept that the Companion has never been approved as such on the Floor of the House but rather that its component parts have been.
However, I rise on a small but not unimportant point that concerns the wording and use of language. I refer to paragraph 6 of the report, which my noble friend himself has just referred to, which proposes the following words:
“‘He or she seeks the leave of the House when such absences relate to the public duties of the Lord Speaker’”.
That is a wholly reasonable proposition, from which I do not dissent. Paragraph 8 proposes the words:
“‘If the Lord Speaker knows that an oral question is not going to be asked, they inform the House before they call.’”
In other words, in the first of two paragraphs separated by one, we refer to “he or she” and, in the second, we use the gender-neutral language of “they”. I plead that we have consistency and use the former, rather than the latter, throughout the Companion when we are referring to the Lord Speaker and, indeed, to others.
The Companion is a very valued companion. Many of us find it extremely helpful and important, but consistency of language is something that we have the right to expect. I ask my noble friend to respond positively to that suggestion.
The Senior Deputy Speaker
My Lords, I am grateful to the noble Lord for his remarks. As I say, we have worked as a committee. My predecessor’s 20 Procedure Committee and Procedure and Privileges Committee reports have been agreed by the House.
The point that the noble Lord, Lord Cormack, raised was on language. I have looked into this because much of this occurred before my responsibilities, but the process of changing exclusively, for instance, masculine language in core documents has been going on for quite a considerable time and I think that this is universally agreed. It is fair to say that the Companion uses both “he or she” and in other places “they”. The Government have recently reaffirmed that legislation should be drafted in a gender-neutral way but—I think this was important when I looked into this—using gendered pronouns in specific cases. Clearly, one of those would be in referring to mothers of children.
It is also fair to say that we have had a degree of flexibility, mindful of guidelines but also in varying iterations. I am mindful of the point about consistency and accept that we should look at this. I will ask the House, however, to agree the report before us because, from 2017 until now, it is important that we have a Companion we can use.
The other thing I have asked, and we are going to look at it very strongly, is that the online version should be a contemporary version so that the House, over varying periods before it is reprinted, is always updated. This is so that, although some of us quake at the thought of lengthy documents and looking at them online, there is a resource we can all have the current version of.
I suggest that we will, obviously, in our consideration of all these matters look at revisions as they come up and have matters of substance always before your Lordships. I am mindful of what has been said today but I ask, please, for the consent of your Lordships to the report so that we can bring out a Companion which is updated. That is why I earnestly hope that the House will agree to the Motion.
Procedure and Privileges Committee
Debate between Lord Cormack and Lord Gardiner of Kimble
The Senior Deputy Speaker (Lord Gardiner of Kimble)
My Lords, I am genuinely very grateful to have this opportunity to spend a little time clarifying some matters. Certainly, in the Procedure and Privileges Committee, which it is a great honour to chair, we have looked very thoroughly at the changes. These will be brought forward to your Lordships to seek your Lordships’ consent. I think it is next week, on 22 June, when there will be consideration of the changes to the Companion for the House to agree and, if necessary, debate.
Lord Cormack (Con)
Does the Senior Deputy Speaker really mean that this will happen in the middle of the week when strikes are likely to affect attendance in the House? If he does, I hope another date will be thought of.
The Senior Deputy Speaker (Lord Gardiner of Kimble)
I am not aware that there is a strike on Wednesday 22 June.
Procedure and Privileges Committee
Debate between Lord Cormack and Lord Gardiner of Kimble
Lord Cormack (Con)
My Lords, what an exciting note on which to get up, and how tempting it is. I thank all of those who spoke favourably to my amendment. I also thank those colleagues—a dozen or so—who sent me notes or texts to say that if I put this to a Division they would be voting for it. But I listened extremely carefully to what my noble friend Lord Gardiner said, and I would like to ask him for clarification: would he consider that a reasonable time would be six months before reviewing this? Could he give me some idea of when he expects the experiment to start, and what measures he is putting in place to make it as carefully monitored as possible?
The Senior Deputy Speaker (Lord Gardiner of Kimble)
I am most grateful to the noble Lord for giving me this opportunity because, as stated in the report, the recommendation is:
“To mandate the House of Lords Commission, once the pass-reader system is ready”.
We need to get the passes system up and running and, as I said, be absolutely clear with a number of trials, not only for your Lordships, but for the doorkeepers and the Administration, so that all will flow well. I cannot give a precise date because we obviously also need to take into account any prevailing public health situation issues. What I can say is that six months from the time of operation of a voting system beginning is a very reasonable time, during which we would consider as a committee how it is working. I hope that is helpful to the noble Lord and your Lordships.
Lord Cormack (Con)
I am most grateful to my noble friend because that is helpful. There is an air of suspicion in the House at the moment; one has only to look at the exhibition of what is proposed of our entrance. I urge all colleagues to do that—it is an architectural abomination. Everything that my noble friend is doing to win and reinforce the trust of the House can only be to the benefit of us all. On the basis of what he has just said, I intend not to move my amendment.
Procedure and Privileges
Debate between Lord Cormack and Lord Gardiner of Kimble
Lord Gardiner of Kimble
My Lords, of course, by withdrawing this part of the report, the House will continue as it is. We have no sanction to bring to the House for that decision, so I can absolutely confirm to the noble Lord that how we vote now is how we will continue to, until the House chooses to change the current arrangements.
As to the further detail, obviously I think it is very important that, in the consultations and consideration that now need to take place, we have a broad reflection on this matter. It would be unwise, at this moment, to start to rule anything in or out. Today’s debate has shown me that we need to look at this matter and come back to the House, having picked up all the points that have been made today, as well as some further reflections. My door is always proverbially open, and I am very interested in hearing—indeed, I am going to speak at the ACP on Wednesday—and working with other noble Lords from other groups so that we can come to a reasonable consensus and find ourselves in a less difficult place.
Lord Cormack (Con)
My Lords, will the noble Lord just consider one thing, which I put forward as a constructive idea: having, at least once a quarter, a session for two or three hours in the Moses Room that he would preside over and to which all Members would be able to come? He could bring us up to speed on things that were under discussion. Members would genuinely feel that they were being consulted, which is terribly important.
Lord Gardiner of Kimble
My Lords, I am interested in that concept because, obviously, I need to think about ways to ensure that we do not have a similar debate to today’s. This is not because I do not welcome the fact that noble Lords have expressed themselves strongly—they should. To all noble Lords concerned about progress, I say: the very essence of this place is that we are brave and say things that we believe in. That is very important. I will take that back. I will need to ensure that I have the facility of whatever room it is. I welcome noble Lords coming to see not only me but, on other occasions, others so that we can work together constructively and feel that we are doing things for, rather than to, the House, which is probably the impression that I have gained from today.
Garden Centres
Debate between Lord Cormack and Lord Gardiner of Kimble(4 years, 6 months ago)
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The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, the Government are acutely aware of the challenges facing garden centres and the horticultural industry. In addition to the financial package of government support, we are working closely with the Horticultural Trades Association to analyse how effectively the Government’s package is meeting its members’ needs. The timing of any reopening is subject to medical and scientific advice on when it will be appropriate to change the current arrangements.
Lord Cormack (Con)
My Lords, I thank my noble friend that Answer, but I am very disappointed by it. The future of many growers and garden centres hangs in the balance. More than one-third could be gone by the autumn. We are talking about an industry that employs close to 500,000 people and is worth £24 billion a year. It is deeply disturbing to see plants destroyed at a time when people need the therapeutic calm of their gardens as never before. Is it right that supermarkets are allowed to sell plants while garden centres are not allowed to make outdoor sales? I make a plea to my noble friend to take action soon. Other countries have done so.
Lord Gardiner of Kimble
My Lords, with a name like mine, of course I understand the importance of garden centres and horticulture. As I said, we are working very closely with James Barnes, the chairman of the Horticultural Trades Association, and we have had some very productive discussions. The HTA has drafted a traders’ protocol on social distancing. I am working very closely with the HTA and I am very conscious of what my noble friend said.
Brexit: Agriculture
Debate between Lord Cormack and Lord Gardiner of Kimble(5 years, 10 months ago)
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Lord Gardiner of Kimble
My Lords, there are of course other priorities and issues for both the Government and the farming unions. I agree that it is important that there is access to labour. Such matters are being considered across government; we recognise their importance not only for the farm labour force but for vets and others. The advance of agritech will in the longer term make a significant difference to the way in which we all farm.
Lord Cormack (Con)
My Lords, does my noble friend acknowledge that the Secretary of State’s speech at the Oxford conference, where he recognised the real problems that would be caused by no deal, caused considerable comfort in farming circles? Is not the logical consequence of this that the Secretary of State makes it abundantly plain that he will be no part of any Government that would accept no deal?
Lord Gardiner of Kimble
My Lords, my right honourable friend made a number of very important observations about the future of farming at the Oxford Farming Conference, not only in the long term but in the short term because of Brexit. In his words, he agrees that the deal before the other place is not perfect, but let us not put perfection in the way of the good. That is why he actively supports the deal.
Ivory Bill
Debate between Lord Cormack and Lord Gardiner of KimbleWednesday 24th October 2018
(6 years ago)
Lords ChamberRead Full debate Ivory Act 2018 View all Ivory Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-R-I Marshalled list for Report (PDF) - (22 Oct 2018)
Lord Gardiner of Kimble
I say to the noble Earl, as my noble friend Lord Carrington mentioned, that there is no intention to destroy any objects. Indeed, there are further amendments on exemptions that we think strike the right balance regarding outstanding and the rarest items. We have a strong and proportionate package of exemptions, which will come up in the next group of amendments.
Lord Cormack
My Lords, the Minister’s response to that intervention from the noble Earl illustrates the lack of knowledge among those who are indulging in the gesture politics occupying us this afternoon. The fact of the matter is that, as the noble Earl, Lord Clancarty, referred to, already the United States is destroying items that have ivory as an ingredient. We will come to that later in today’s debate, but take as an example an Art Deco figure with an ivory head and a silver body. The ivory head would be taken out. There is a particularly graphic example of a Victorian salt and pepper pair, dating from, I think, 1874. They were beefeaters, and the faces were ivory. They were destroyed. This is the stuff of madness.
My noble friend Lord Hague speaks with passion, and I hope I rival his passion in wanting to preserve elephants, but he does not seem to understand the difference between antique objects and artefacts and modern things. He talked about fakes, but there are fakes in every walk of life and in every form of antique—we know that. But we would not clamp down on the sale of pictures because occasionally a fake appears on the market. We have to be moderate and sensible in our approach.
I will reflect on what has been said and I may well bring something back on Third Reading. I shall certainly test the opinion of the House on a later amendment this afternoon, but—
Lord Gardiner of Kimble
With respect, on this matter and with this amendment, I have no option but to tell my noble friend that I will say exactly the same at Third Reading. He says he intends to bring it back at Third Reading, but it is really a matter that we should deal with today, on Report. That is the way to deal with it. We have considered it in ministerial meetings and it goes to the very heart of the Bill. To take “exporting” out rides a coach and horses through the Bill’s premise, and I respectfully tell my noble friend that, at Third Reading, I will say exactly the same. If he does wish to test the opinion of the House, it should be at Report.
Lord Cormack
My Lords, obviously I will reflect on what my noble friend has said. I wish to test the opinion of the House on a later amendment but, for the moment, I will withdraw this one.
Lord Gardiner of Kimble
No, I am not going to give an approximation. I used the words “a small fee”, and it will be considered in what would be the normal manner in which fees are considered. I have put on record that it will be a small fee. It is not intended to be burdensome or bureaucratic. I emphasise—given that we wish to reduce demand for ivory, as it is no longer a desired object around the world because of the continuing slaughter of elephants—that we need to do everything we can. That is why we want to protect sellers and buyers in those exempt areas which we have agreed in the Bill and to give them an assurance, given the fact that around the world we are seeing the closure of domestic markets of ivory, that this protects future sellers and buyers of the items within our exemption package.
I believe, and the Government believe, that the online self-registration system will have a range of benefits. It will provide assurance to those dealing in ivory through an exemption that they are complying with the law. It will also be an essential tool in identifying breaches of the ban. Enforcement officers will be able to use material submitted to the online system to monitor compliance and to support investigation into potential offences.
Of course, every individual has the right to own and enjoy items made of or with ivory and to bequeath and inherit those items without the need for registration. Indeed, many of these items will have sentimental value. It is only in the case of selling, hiring or using an item for commercial gain that registration will be required, which we believe is a proportionate response. We must ensure that robust measures are in place to enforce the Bill. Therefore, it is critical that all exempt items are subject to registration to support the rationale of the Bill but also, as I said, to support the interests of the sellers and buyers of exempt ivory.
Amendment 25, tabled by my noble friend Lord Carrington, seeks to clarify, with reference to the de minimis exemption, what is to be considered integral to the piece. Ivory must be,
“integral to the item’s design or function and contemporaneous with the item”.
I preface my remarks by saying that I am very pleased to see my noble friend returned to his place following his time in hospital. We have given this issue very careful consideration, and I hope that my forthcoming explanation will provide him with reassurance as to the intent of this exemption.
My noble friend correctly identifies that the ivory content of an item meeting this exemption must be incorporated into the piece at the time of its manufacture and to constitute an irremovable aspect of the item’s form and function. The ivory cannot, of course, have been added at a later date or be superfluous to the design and/or function of the item. As drafted, the Bill takes account of these concerns. Clause 7 provides that the ivory must be integral to the item, and may not be removed without difficulty or without damaging the item. Most obviously, that would apply in the case of inlaid furniture. But it would also apply where the ivory element were part of a detachable part of the item that is itself integral to the piece. If I may explain further, I would point to a teapot or serving dish with an ivory handle to the lid. The lid is clearly integral and contemporaneous to the teapot or serving dish, and the ivory handle is integral to the lid. Therefore, providing that the total volume of ivory in the item is less than 10%, it would meet the de minimis criteria.
There are other types of items, such as barometers and maybe small sewing boxes, for which the ivory content may be an entirely separate element, such as a knob on a barometer or the lid of a sewing box. These elements were clearly designed to be removable yet are integral to their design and purpose. For instance, without the knob—my noble friend Lord De Mauley raised this in Committee and my noble friend Lord Carrington raised it today—one may not set the mercury level on a barometer, and without the lid, assuming that it is less than 10% of the volume of the whole piece, the item could not function as a box. We will set out in guidance not only what I have described as examples but more fully the points that my noble friends have raised.
Amendment 28, tabled by the noble Baroness, Lady Quin, would add a new clause after Clause 8 to exempt any,
“musical instrument that has been certified by the Northumbrian Pipers’ Society, or a similar approved organisation, as being a set of, or part of a set of, Northumbrian pipes made before the passing of this Act, and covered by a valid … (CITES) certificate”.
In Committee, I gave an undertaking that my officials would meet the representatives of the Northumbrian Pipers’ Society, and a very informative meeting was held.
As the noble Baroness knows, I am sympathetic to the Northumbrian piping community and the traditions. However, her amendment would constitute a widening of this exemption. Interestingly, my official identified that most pipes contain less than 20% ivory by volume, which was the initial concern in Committee. It then became more apparent during the detailed consideration —for which I am most grateful to the Northumbrian Pipers’ Society—that some Northumbrian pipes were made after 1975 with ivory repurposed from other items, and therefore will not be covered by the musical instruments exemption. The noble Baroness’s amendment would, however, allow Northumbrian pipes made with ivory right up until this year to be exempt from the sales ban. We believe that that would create an unjustifiably broad exemption for one instrument over all others. I should emphasise that those instruments not covered by the exemption will still be able to be played and enjoyed, and that the ban will not affect the ability to pass on or donate those instruments for future generations.
I apologise to noble Lords for taking some time, but I want to emphasise that the Government have embarked on considerable consultation in bringing forward the exemptions package. We remain of the view that they are reasonable. Phrases such as “gesture politics” do not chime with me. I attended the Illegal Wildlife Trade Conference, as I said on an earlier group of amendments. The word that came from that group, which represented over 80 countries, was “leadership”. It was about the leadership that this country is taking. That point was endorsed by five heads of African states. I hope that my noble friend Lord Carrington will forgive me, but my impression from meeting people at that conference was that they were not cynical.
Lord Cormack
Will they be able to apply by post? Do they have to download it or get it by email? My noble friend said they can send things in by post. Many of these people will be very elderly and will not necessarily be familiar with modern devices.
Lord Gardiner of Kimble
I will make sure that I get a precise note. The whole purpose of us saying that people can apply online and offline is precisely to cover the diversity of private individuals, as I mentioned. I will just check for my noble friend whether a form can be sent or whether it has to be downloaded.
The answer, apparently, is that there will be a range of opportunities for people to receive forms—online or not. I am told that a hard copy application can be requested by telephone. I think that covers, in one way or another, most people in this country.
The committee also recommended that Clause 5 should include more details about the appeals regime, rather than leaving it to secondary legislation. Amendments 17 to 21 deliver the committee’s recommendation. First, the amendments set out in the Bill that the First-tier Tribunal will hear any appeals against a decision by the Secretary of State not to issue an exemption certificate or to revoke an existing certificate. As many of your Lordships will know, the First-tier Tribunal has wide experience of hearing appeals concerning regulatory matters and, indeed, is the body to hear appeals against decisions to serve civil sanctions in Schedule 1 to the Bill. The amendments also set out in the Bill the grounds on which an appeal may be made and the powers of the tribunal on hearing an appeal. The only matters that will be left to secondary legislation will be any further grounds that the Secretary of State may wish to add and the cost of an application for an appeal to the tribunal. I acknowledge once again the recommendations of the Delegated Powers and Regulatory Reform Committee, and I beg to move.
Lord Gardiner of Kimble
My Lords, my noble friend Lord Cormack’s amendment aims to enable a person who inherits a registered ivory item from a relative also to inherit the title to that registration. Self-registrations for items meeting the de minimis, musical instruments or portrait miniatures exemptions, or for items to be sold to an accredited museum, are in the name of the owner. If a new owner subsequently wishes to deal in that item, or wants to ensure that it is registered as exempt for any other reason, he or she must register it online in their name. A person inheriting a registered ivory item would assume the responsibilities of ownership of that piece, including the decision whether to register it in their name, in line with their specific circumstances. If a person inheriting or taking possession of an ivory item is unsure whether it is registered, this would not affect their rights or responsibilities as the new owner. Because the registration is associated with the individual, it therefore falls to the person inheriting the piece, as the new owner, to register the item if they wish to undertake dealing in it. I repeat: if they wish to undertake dealing in it.
The Government are working closely with interested parties to develop an online self-registration system for ivory items that will be quick and simple to use and meet the needs of all users. I also reassure noble Lords that an offline system will also be made available to cover the points that have been raised in other amendments. Of course—I emphasise this to my noble friend—for items under the rarest and most important items of their type, the exemption certificate remains with the item when it is passed to a subsequent owner. That is the distinction.
I turn to my noble friend Lord Carrington’s amendment concerning ivory items passing through probate. This is an important issue and I can reassure your Lordships that the Bill will not impact on, or cause additional burden to, those involved in such situations. The ivory ban does not affect one’s right to bequeath or inherit any ivory item, regardless of whether it meets an exemption, is registered or is certified. An ivory item may therefore be bequeathed without requiring registration by either the person inheriting the item or the executors of the estate.
The matter of inheritance tax has been clarified in your Lordships House before and I am happy to do so again for the record. Her Majesty’s Revenue and Customs confirms that ivory items will be considered to have nil value on the open market for inheritance tax purposes unless that item has been registered or certified as exempt. Items registered or certified as exempt will be assessed against their market value in the normal way and may therefore be subject to inheritance tax. With this explanation, I hope that my noble friend can withdraw his amendment.
Lord Cormack
Like the noble Baroness, Lady Quin, I too know when I am beat. I do not think it would serve any purpose to press this amendment. I am mildly comforted by what my noble friend said; maybe we can have conversations on this as the Bill comes into force. I beg leave to withdraw my amendment.
Ivory Bill
Debate between Lord Cormack and Lord Gardiner of KimbleMonday 10th September 2018
(6 years, 2 months ago)
Lords ChamberRead Full debate Ivory Act 2018 View all Ivory Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-II Second marshalled list for Committee (PDF) - (10 Sep 2018)
Baroness Jones of Whitchurch
My Lords, I understand what the noble Lord, Lord Cormack, is trying to achieve but, with the best will in the world, I am not sure that it is practical. If an item is important enough to be passed down through inheritance to another family member, it is also important that the new owner has an up-to-date registration certificate for it.
The Bill requires that if there is a change of owner a fresh application should be made to register the item. This is important because it will ensure that the registration system has an up-to-date record of the name of the owner and their contact details and so on. Without this change of ownership recorded on the register, we are concerned that confusion might arise as to who has the legal obligations of ownership spelled out elsewhere in the Bill. If an item appears on the market or if it is suspected of being a forgery, the enforcement officers will not know whom to contact to clarify the position.
I am trying to give the noble Lord something to be cheerful about but I do not think that this is the way to go about it. I do not think an automatic transfer of an item and the registration certificate would work without the associated paper trail to show the current ownership.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, the intention behind my noble friend’s amendment is to provide that a person who inherits a registered ivory item from a family member would not need to reregister it under Clause 10, regardless of whether he or she intends to deal in the item themselves. Clause 11(2) places duties on a registered owner to notify the Secretary of State when he or she becomes aware of any relevant information relating to the registered item becoming invalid or incomplete. A person inheriting a registration in an ivory item would therefore be subject to this duty at the point he or she became responsible for the registration. I think the noble Baroness, Lady Jones of Whitchurch, outlined very compelling reasons. If a person inheriting or taking possession of an ivory item is unaware that the item is registered, the Government would expect that person to decide whether he or she wants to sell or hire the item and to register it accordingly.
The main point I want to reference is that we are working extremely hard with all concerned to ensure that the self-registration of ivory items will be straight-forward and as simple as possible for those expected to use the registration system. For the security of the next generation in ensuring the item is as it should be and is properly registered, I am very sorry to have to disappoint my noble friend. It is in the interest of the next generation that we have the provisions for the points that the noble Baroness, Lady Jones of Whitchurch, outlined rather better than I have. On that basis, I respectfully ask my noble friend to withdraw his amendment.
Lord Cormack
I am sorely tempted to divide the House. I say to my noble friend that all you need is a simple form that informs that the new owner is by inheritance the Marquess of This or Mr That. That is all that has to be done. You do not have to go through a whole paraphernalia of reregistering. That is what I am against. I hope we can come up with a formula, my noble friend and I, which will be acceptable on Report. With that hope, which is almost certainly a vain one, I beg leave to withdraw the amendment.
Ivory Bill
Debate between Lord Cormack and Lord Gardiner of KimbleMonday 10th September 2018
(6 years, 2 months ago)
Lords ChamberRead Full debate Ivory Act 2018 View all Ivory Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-II Second marshalled list for Committee (PDF) - (10 Sep 2018)
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I join all noble Lords in saying that I very much look forward to the early return of my noble friend Lord Carrington of Fulham and, indeed, the noble Baroness, Lady Bakewell of Hardington Mandeville, for later stages.
My noble friend’s amendments intend to allow pre-1918 ivory objects to be bought, sold and hired within the United Kingdom, regardless of whether they meet one of the exemptions. Indeed, my noble friend—and this has been raised already—used words such as “confiscation” and “loss of ownership”. These measures precisely do not affect the right to own, gift, inherit or bequeath ivory. They are precisely not for that purpose.
As this is the beginning of Committee stage, I reiterate the overriding purpose of this Bill. Its intention—and the noble Lord, Lord Clement-Jones, also made this clear—is to introduce one of the strongest ivory bans in the world, with narrow and limited exemptions, to curtail the demand for ivory that currently threatens the elephant with extinction. As your Lordships know—a number of noble Lords have referred in different ways to the public consultation—there is overwhelming public support for this ban. I say to my noble friend in particular that we have worked extensively with conservation NGOs, the arts and antiques sector, and musician and museum sectors to help shape this Bill, and we believe it is a proportionate response.
The exemptions outlined in the Bill have been included to allow limited dealings in ivory to continue where they are unlikely to contribute to the poaching of elephants. To allow all pre-1918 ivory items to be bought, sold and hired, regardless of whether they meet one of the exemptions, would significantly undermine the aim of the Bill and the carefully balanced package of exemptions. My noble friend is, of course, conversant with Clause 2, which we will address in more detail later. We have specifically created an exemption so that pre-1918 ivory items that are of outstandingly high artistic, cultural or historical value, and which are the rarest and most important examples of their type, can continue to be traded.
I suggest to my noble friend that his other amendment concerns the offences of buying or hiring ivory as the owner within the UK only. Subsection (4)(b) concerns selling and hiring ivory as the lender both in and outside of the United Kingdom. My noble friend and my noble friend Lord De Mauley have raised a number of issues about the antiques sector. A 2016 report by TRAFFIC, the wildlife monitoring network, on the UK’s domestic ivory trade, showed that consumers of UK antique ivory are increasingly from Asia, particularly China, Japan and Hong Kong. This constitutes a change since the last UK ivory market report in 2004, which found that most buyers were from Europe and the United States. This worrying shift demonstrates that the UK antique ivory market is increasingly connected to the Far East, where the demand for ivory is highest, further fuelling the demand for ivory, and its social acceptability.
I also want to refer to a point in the discussion between the noble Baroness, Lady Jones of Whitchurch, and my noble friend Lord Cormack. As I mentioned at Second Reading, the 2010 report from the United Nations Office on Drugs and Crime concluded:
“The trade in illicit ivory is only lucrative because there is a parallel licit supply”.
This is precisely why we are having to introduce a ban, with only tightly drawn exemptions that are unlikely to continue to fuel the illegal trade and poaching of elephants. To allow all pre-1918 ivory items to be traded would further perpetuate the demand for ivory and undermine the effectiveness of the ban. I agree with what the noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Clement-Jones, said: we have got to bear down on the situation in which 20,000 elephants a year are being slaughtered. We saw only last week reports from Botswana of this slaughter continuing, and the status quo at the moment is simply not acceptable. This country has to lead. We have a responsibility to lead. We are one of the world’s largest exporters of ivory and we must act. So, for the reasons I have given, I am not able to support my noble friend’s amendment and I respectfully ask him to withdraw it.
Lord Cormack
I had hoped we might have a rather longer debate on this, but of course I listened very carefully to what my noble friend the Minister said and I obviously have no intention of dividing the House today. I believe very much in the unwritten convention in your Lordships’ House that it is better to have divisions on Report than in Committee. However, I shall certainly be framing amendments for Report because I have not been convinced by anything that my noble friend or the noble Baroness, Lady Jones, have said that we are assisting the elephants by forbidding the sale of genuinely antique ivory items. I just do not accept that, and although I accept that there have been consultations with the antique trade, with which I have no pecuniary connection and no interest to declare—I have bought the odd thing in an antique shop, although not ivory—I know that those who have been part of these negotiations have not been entirely convinced that their point of view has been really seriously taken on board.
I think that my noble friend must also realise that we are one country. Quite shortly, much to my regret, we will not be part of a European group of countries, and what will happen, as I have already quoted from the note from the chess collecting chairman, is that things will be sent abroad: they are going abroad quite quickly now. I think it is a pity that we are taking this real sledgehammer to this; nevertheless, there is no point in prolonging discussion now and I beg leave to withdraw the amendment.
Recycling: Chinese Import Ban
Debate between Lord Cormack and Lord Gardiner of Kimble(6 years, 9 months ago)
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Lord Gardiner of Kimble
My Lords, we certainly need research and co-operation from all to increase recycling rates. Business is beginning to make some important strides. The Co-op, Iceland, Unilever and the packaging industry have committed to implementing solutions to enable the sustainable recycling of all black plastic packaging by the end of this year. We need to collaborate and work with business. We have strong targets and we all have to change many of our attitudes.
Lord Cormack (Con)
My Lords, what are we doing to increase and enforce penalties on those who dump household goods and other things in the countryside and, in the process, spoil some of the most beautiful parts of Britain?
Lord Gardiner of Kimble
My Lords, I agree with my noble friend that fly-tipping is a terrible blight, whether in towns or the countryside. That is why we have introduced stronger powers for local authorities and the Environment Agency—for example, to seize and search vehicles involved in suspected crime. We have also introduced the power for local authorities to issue fixed-penalty notices and we have just published the waste crime consultation, which proposes providing local authorities with the option of issuing fixed-penalty notices to those whose waste ends up being fly-tipped.
Agriculture: Foreign Workers
Debate between Lord Cormack and Lord Gardiner of Kimble(7 years, 4 months ago)
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Lord Gardiner of Kimble
My Lords, again I cannot promise, but I will certainly put that point to colleagues. The employment situation in this sector is seasonal. Part of the issue, and the point of this Question, is that we have seasonal demand for people to come and help us with our soft fruit and vegetables, and their processing. I am grateful to the noble Lord, but I do not think that I can comment any further.
Lord Cormack (Con)
Does my noble friend agree that these people are not only seasonal but highly skilled? They are often written off as unskilled workers, but they contribute something essential to our agricultural and horticultural industry.
Lord Gardiner of Kimble
My Lords, this produce is very vulnerable and the skills in picking fruit are therefore important—it is very perishable. There is, of course, skill in ensuring that we get our soft fruit in safely. We are now self-sufficient in strawberries for much of the year, which are a wonderful product, and there are many whom we rely on in the workforce from the European Union.
European Union: Environmental Policy
Debate between Lord Cormack and Lord Gardiner of Kimble(7 years, 11 months ago)
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Lord Gardiner of Kimble
As the Government intend that we will leave the environment in a better condition, I very much hope that will not be the case, but the point is that the Government are accountable to the UK Parliament and the electorate, and there are the domestic courts as well.
Lord Cormack (Con)
My Lords, if we are to leave our environment in a better condition, is it not essential that we maintain one of the things that the country can be most proud of: namely, our green belt policy?
Lord Gardiner of Kimble
My Lords, in my view, the green belt has been one of the great successes, ensuring that we do not get urban sprawl. It is very important that it remains. I think my notes will tell me, if I can find them, that a considerable proportion—it is 13%—of the land area in England is covered by green belt. It is very important to ensure that it remains.
Libraries: Funding
Debate between Lord Cormack and Lord Gardiner of Kimble(9 years, 10 months ago)
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Lord Gardiner of Kimble
I think that local authorities have done extremely well; last year, there was a reduction, I think, of 39 out of the 3,142 libraries. That shows that there is a very strong system. In many cities and small towns, new libraries are opening because there is a refurbishment and the local needs are being identified in that way.
Lord Cormack (Con)
My Lords, does my noble friend accept that fundamental to any civilised society is a full network of public libraries, with books in them? E-learning is one thing, but the book is the fundamental foundation stone of the library, and may it long remain so.
Lord Gardiner of Kimble
My Lords, I am a keen fan of books myself, but it is important—for young people in particular, and given the fact that so many more people are looking after their lives digitally—that libraries provide that facility as well. That is one of the ways we shall ensure that there are more people visiting libraries.
Imperial War Museum
Debate between Lord Cormack and Lord Gardiner of Kimble
Lord Gardiner of Kimble
My Lords, the Imperial War Museum and the new galleries are an exceptional place. I would very much encourage noble Lords to go to the galleries: they are extraordinary. This is part of the modernisation approach; I spoke to the director-general of the museum about the library and the Explore History service. There is going to be much more digitisation. The core collection is all going to be put in digitised form so that many more people, without having to come into the museum, can look at it. I can assure noble Lords that scholarship is very important. The service will remain open for scholars to come and undertake research, but this is very much about a modernisation.
Lord Cormack (Con)
My Lords, we hear too much about modernisation. Does my noble friend not agree that a national museum without a readily accessible library containing books that people can consult is like a university without a research department?
Recall of MPs Bill
Debate between Lord Cormack and Lord Gardiner of Kimble(9 years, 10 months ago)
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Lord Gardiner of Kimble
My Lords, I repeat to my noble friend that that is precisely why I said I would be considering and reflecting on what the noble Lord said. I have said it twice now and I hope my noble friend will understand that I said I would make sure that it was absolutely watertight, because we want clarity on the matter. My understanding is that, if a Member of Parliament were to be convicted of an offence in another country, it would, of course, be open to the Standards Committee of the House of Commons to recommend suspension from the service of the House. It would then be for the other place to decide whether and how to act on such a report. In such a situation, the MP could therefore become subject to recall through the second condition. However, I repeat to my noble friend and to your Lordships that I will look at the point he raised to make sure that there are sufficient safeguards in the matter.
Amendment 4 amends the first trigger to capture only sentences of more than one year. My noble friend Lord Forsyth has already made a point on this, but the amendment would have the effect of altering the first recall condition to make an MP subject to the opening of the recall petition process only if the Member of Parliament had been convicted or sentenced to be detained for more than one year. However, as the noble Lord knows, and as has already been discussed, there would be an automatic disqualification under the Representation of the People Act 1981. Under the noble Lord’s proposal, a Member of Parliament sentenced to more than one year’s imprisonment would be both subject to a recall petition process and automatically disqualified. I think that the noble Lord would agree that that would not be what we want from this process.
Amendment 13 removes the provision for historical sentences by removing Clause 2(1). Subsection (1) states that the first recall condition includes an offence committed before the MP became an MP, but does not include an offence committed before the day on which Section 1 comes into force. However, as your Lordships have heard, the Government have tabled Amendment 15 to give effect to the will of the other place, which would mean that offences committed before the Bill comes into force would be caught, as long as the conviction took place after the Bill comes into force and after the MP becomes an MP. Deletion of this subsection would leave it unclear whether an offence committed before the MP became an MP was captured, and offences committed before the Bill comes into force would not be captured. This would have the effect of restricting the number of occasions on which recall could be used and leaves a lack of clarity. The amendment that the noble Lord has put forward clearly goes against the wishes of the other place, to whose Members recall would apply.
Amendment 16 excludes historical offences that were known before the MP became an MP and would enable Clause 2(1)(a) to ensure that offences that had been “disclosed” before the MP became an MP would not be caught by the recall trigger. Again, this amendment has been raised by the Law Society of Scotland, but we are not clear what the word “disclosed” means in this context. If it is to be taken to mean “convicted”, the policy intention of the Government is clear. An MP who was convicted and sentenced before they were elected should not face recall as their constituents will have been able to take account of the conviction in electing them.
There is, of course, the possibility of a person’s criminal record not being publicly known. However, in either case, the Government’s intention is that, where an individual has been convicted and subsequently elected as an MP, the MP will not be subject to recall. Under the Bill, recall will be triggered only where a sitting Member of Parliament is convicted and receives a custodial sentence of 12 months or less. This could be for an offence committed while the person is an MP or beforehand—and, if the government amendments implementing the will of the House of Commons on capturing historic offences are accepted, whether the offence takes place before the Bill comes into force or after.
On the issue of suspended sentences, I refer the noble Lord to Clause 2(2)(a). I am relieved to say that the word “suspended” is in the Bill. I hope that the noble Lord will feel that his paving amendments have been given a hearing on the Front Bench. I will look at the “or elsewhere” but, in the mean time, I hope the noble Lord will withdraw his amendment.
Lord Cormack
Will my noble friend be kind enough to comment on the brief exchange I had with my noble friend Lord Finkelstein? Do the Government regard Members of Parliament as employees? That really is a very important issue.
Lord Gardiner of Kimble
My Lords, I do not think that I am going to get into an exchange with two noble friends except to say that in my view, we are all servants of the public.
Devolution: Arts and Culture
Debate between Lord Cormack and Lord Gardiner of Kimble
Lord Gardiner of Kimble
My Lords, I will reflect on what the noble Lord said. I would want to think about it, but the devolution arrangements that we want to have in place are so that there is local identity and national identity. Welsh language and culture are very important.
Lord Cormack (Con)
Does my noble friend accept that the arts are a unifying force throughout the United Kingdom? Does he also accept that there is considerable unease at the withdrawing of funds from musical education? Nothing is more calculated to bring young people together than a common love of music. This is a cause of real concern.
Lord Gardiner of Kimble
My Lords, I do not have the figures in front of me but I know that there are robust figures about what the DfE is undertaking in music education, the importance of music education and the opportunities it brings. When I have the figures in front of me I shall speak to my noble friend.
Arts: Lottery Funding
Debate between Lord Cormack and Lord Gardiner of Kimble
Lord Gardiner of Kimble
That is why I said in my original Answer that it is important that we have a mixed-funding arrangement. It serves us very well to have state funding, lottery funding and philanthropic and corporate sponsorship. The noble Lord is right: local government has huge challenges, as does the nation, about spending. Local government is still the largest investor in the arts, and I hope that it will remain so. There are challenges, but there are enormous success stories where local authorities have recognised that arts and heritage are important for tourism and visitor numbers. There are many examples of cities and towns around the country, Hull and Liverpool among them, which are successful because of their artistic investment.
Lord Cormack (Con)
My Lords, in thanking my noble friend for his own personal commitment, may I ask him to assure the House that the places of worship scheme, whereby grants are given to historic churches and other places of worship on their intrinsic architectural and historical importance, will continue and not be diminished?
Afghanistan: Quarterly Statement
Debate between Lord Cormack and Lord Gardiner of Kimble(10 years, 6 months ago)
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Lord Gardiner of Kimble (Con)
My Lords, we have had a member of the Cross Benches speak already. We take these things in turn. I hope that that will be helpful.
Lord Cormack
My Lords, I am grateful. My noble friend has made a moving and impressive Statement. However, she has not mentioned one group of people, and upon them so much has depended: the Afghan interpreters. As we withdraw from Afghanistan, we of course maintain our aid and connection. Can my noble friend assure me that the sacrifice and service that those men and women have given will not be forgotten, and that we will ensure—so far as is possible—that their lives will not be endangered after we have withdrawn?
Ratification of the Convention for the Protection of Cultural Property in the Event of Armed Conflict
Debate between Lord Cormack and Lord Gardiner of Kimble
Lord Gardiner of Kimble
My Lords, I think I have emphasised in my replies that this is a question of time. We have pledged that we wish there to be legislation, as indeed did the previous Government. I have read the draft Bill published in January 2008. However, for very legitimate reasons, the previous Government felt that legislation was required to deal with the economic crisis. That is what the coalition Government have done and I believe it is bearing fruit—which is, after all, in the national interest.
Lord Cormack (Con)
My Lords, I do not think that any noble Lords would doubt the inclinations of my noble friend. However, 10 years is quite a long time and 60 years is even longer. We have just had an extra week of Easter Recess and we have an unnecessary extra week of Prorogation. Can we not just find a little time to get this very necessary measure—on which my noble friend protests that everyone agrees—on to the statute book?
Children: Online Safety
Debate between Lord Cormack and Lord Gardiner of Kimble
Lord Cormack
To ask Her Majesty’s Government what steps they are taking to ensure that minors are not exposed to the dangers of online media.
Lord Gardiner of Kimble (Con)
My Lords, the Government take this issue very seriously indeed, and continue to urge all parts of the industry to do more. The four main internet service providers will very soon have implemented family-friendly filters at network level for all new customers, with existing customers to follow. Ministers have also called for all social media companies to attend a meeting very shortly to review what processes are in place to ensure that minors are kept safe.
Lord Cormack (Con)
My Lords, while I am grateful for the sympathetic response of my noble friend, I would gently say to him that there is no greater crime than the destruction of childhood innocence. If it is right to take sanctions against those who supply cigarettes or alcohol to those who are underage, is there not an overriding case for not leaving the dissipation of this evil material to self-regulation? We need to take action and we need to do it very quickly.
Lord Gardiner of Kimble
I can understand my noble friend’s extreme concern about this issue, but it is the case that anything that is illegal offline is also illegal online. On his point about the self-regulatory environment that we have been encouraging—and great progress has been made—with the technological advances in this whole sector, we need to be ahead of the game. That is why we are working to get the internet service providers to be part of the teams, to ensure that the problems to which my noble friend has referred are matters of the past.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Lord Cormack and Lord Gardiner of Kimble(10 years, 10 months ago)
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Lord Gardiner of Kimble
My Lords, I apologise to the noble Lord, but I am very conscious of the Companion and I am very conscious that we are at Report. I sense that noble Lords would like to make progress. I apologise for intervening.
Employment: Tourism and Hospitality
Debate between Lord Cormack and Lord Gardiner of Kimble(10 years, 11 months ago)
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Lord Gardiner of Kimble
To pick up the noble Lord’s first point, it was very interesting to see in the list of those who went with the Prime Minister to China the number from the creative industries and tourism and heritage sectors. It is a very important part of why lots of people want to come to this country. It is why Britain is fourth in terms of culture and tourism on the Anholt brands index. I very much take that point. On the question of subsidy, it is a balance of the great opportunities our culture has to generate its own funds and government grant in aid.
Lord Cormack (Con)
My Lords, I welcome and endorse all that my noble friend has said. Does he accept that many tourists come here because of the beauty of our countryside, which is being increasingly despoiled by unsightly, uneconomic and unreliable wind farms? Can we have an absolute assurance that the Government will now turn their back on these curiously inefficient structures?
Lord Gardiner of Kimble
My noble friend should not tempt me on these matters.
Commencement Orders
Debate between Lord Cormack and Lord Gardiner of Kimble
Lord Gardiner of Kimble (Con)
My Lords, first, I congratulate my noble friend on securing this debate. I am particularly conscious of his long-standing interest in this issue and his experience in matters of constitutional law and practice. I am aware of the work he undertook for the commission for the Conservative Party. If I may say so, I was conscious that, should we achieve government, we should adhere to many aspects of that piece of work.
I also remark on the long and formidable experience of the noble Baroness, Lady Royall, and my noble friends Lord Brooke of Sutton Mandeville, Lord Cormack and Lord Skelmersdale. It is a daunting prospect to reply when your Lordships have the experience that you all have, but I am glad your Lordships were all, if I may use the word, provoked to speak in this debate. I hope that it is helpful to set out the Government’s current policy and practice on the use of commencement orders.
The Government undoubtedly have responsibility for the maintenance of the statute book. I agree with noble Lords that it is not in principle desirable for there to be parts of enacted legislation on the statute book which remain uncommenced for long periods. In briefing myself on the debate, I became aware of the Easter Act—I must say that I was not before—which is of very long standing. I agree with the noble Baroness that that would undoubtedly cause confusion, indeed, probably bewilderment, among the public if they were to hear about that.
Again from study, I am conscious of the amount of legislation. I should say that in a different life, I have been a strong supporter of less legislation rather than more, and of higher quality legislation. My noble friend Lord Cormack was rightly strong on that point. Given the amount of legislation we have, actually a very small proportion of it is not brought into force within, at most, two to three years of it being passed, although I in no way downgrade the point made by my noble friend Lord Norton.
It has been a long-standing practice of all Governments to treat commencement of legislation on a case-by-case basis. Noble Lords will have seen a wide range of provisions relating to the commencement of legislation in their scrutiny of Bills. That reflects the fact that it is usually necessary to provide a certain amount of notice to those affected by the legislation before it takes effect and that the notice period required will depend on the nature and complexity of the Act concerned. I understand my noble friend Lord Cormack’s proposal about the end of a Parliament. The problem would be that in the last part of the Parliament, it would be particularly difficult to transact any sort of legislative programme.
Lord Gardiner of Kimble
That might bear out some of my earlier comments, but I believe that the truth is that all Governments seek to have legislation that is in the public interest, so there is a problem with my noble friend’s proposal, albeit that it is well meaning.
Sometimes, where legislation is relatively limited in effect or otherwise straightforward, it is possible for that notice period to be stated in the Act. A two-month period is often regarded as the minimum, but sometimes it may be appropriate for Acts to take effect immediately. Commencement orders are used to provide the Government with a degree of flexibility in the timing of implementation; I think that my noble friend Lord Norton agreed with that. That may be necessary to allow time for the establishment of new organisations, for industry to adjust to any new regulatory requirements or for consultation on the detail of implementation, which is often undertaken via secondary legislation—I am conscious of what my noble friend Lord Skelmersdale said about statutory instruments. Sometimes, a commencement order may be required to commence different parts of an Act on different days or for the Act to apply first in specific areas or to specific people or situations. It is also sensible for Ministers to retain the ability to ensure that everyone is fully prepared for implementation before legislation is brought into force.
It would perhaps be unduly restrictive or possibly counterproductive for Ministers to be held to an arbitrary time period fixed in the original legislation. This would not allow Ministers to take into account any changes in circumstance which might quite reasonably delay implementation. Conversely, it would not be wise to risk legislation being lost on account of a failure to agree the details of implementation by a specified time period. This is the potential consequence of certain sorts of sunset provision.
I accept entirely that in the vast majority of cases one should expect legislation to be fully brought into force within a year or two of Royal Assent. However, there may be exceptional circumstances in which it may not be possible to make progress within that timescale, but it is none the less desirable to keep open the possibility of implementation at a future date. However, that is not to say that sunset clauses should never be used; on the contrary, they may well be justified, but perhaps act to provide a degree of certainty to businesses that new regulations will not be introduced once a period of time has expired, or as a legislative backstop to be used if required.
I was particularly struck by the Electronic Communications Act 2000, which contained a statutory regulatory scheme that would be brought in if self-regulation by industry failed. The statutory scheme was subject to a five-year sunset clause if it was not needed. In the event, self-regulation worked and the provisions were accordingly repealed. I think that is a good example of what all of your Lordships are seeking. My point is that the desirability or otherwise of a sunset clause of this nature should be considered on its merits and on a case-by-case basis. In seeking to answer directly the question posed by my noble friend, I hope I will not shock your Lordships by saying that the Government do not have precise plans to reform the use of commencement orders. But if my noble friend is making the case that very careful consideration should be given to the use of commencement orders and to sunset clauses, I entirely agree and that is what the Government seek to do. I think it is, in good faith, what all Governments should seek and have sought to do.
I now turn to some of the additional ways in which the concerns expressed by your Lordships could be addressed. First, the Government believe that post-legislative scrutiny, which my noble friend Lord Cormack referred to, has a very important part to play in ensuring that the statute book is kept under review and up to date. For the benefit of Parliament and others, the Government publish a post-legislative assessment of every Act between three and five years after enactment. These assessments include an explanation for any provisions that have not been commenced. Indeed, your Lordships are already contributing to this scrutiny process. In the previous Session, the Select Committee on Adoption Legislation examined previous and forthcoming legislation on this subject. There are currently two committees of your Lordships’ House undertaking post-legislative scrutiny in respect of the Mental Capacity Act 2005 and the Inquiries Act 2005. Departmental Select Committees in the other place carry out similar inquiries from time to time, particularly in respect of Acts that have not been implemented fully or satisfactorily, so I believe that this scrutiny is entirely welcome.
Secondly, there is the work of the Law Commission—I am not sure whether my noble friend Lord Skelmersdale meant the Law Commission rather than the Law Society.
Deaf People: Telephone Services
Debate between Lord Cormack and Lord Gardiner of Kimble
Lord Gardiner of Kimble
I am most grateful to the noble Lord. The Minister for Communications is already meeting many groups and I would be delighted to encourage him to meet the noble Lord too. I would very much like to attend such a meeting as well. I know that the Minister for Communications is seeking active implementation across the piece on disabilities regardless of whether it concerns those who are hard of hearing or visual impairment.
Lord Cormack
My Lords, does my noble friend agree that one of the curses of the age is the Dalek-operated automated switchboard? What most of us want when we make a telephone call is to speak to a human being. Although it is terribly important to give every possible assistance to the deaf, all people should be able to speak to a recognisable human being as quickly as possible and without going through 10 options.
Lord Gardiner of Kimble
I think that everyone in your Lordships’ House sympathises with the points that my noble friend has made. We have all experienced difficulty in trying to get across what we think is a very simple transaction. Perhaps a message to the banks and to all service providers is, as I say, that providing a human face and human voice very early on is much to be encouraged.
British Board of Film Classification
Debate between Lord Cormack and Lord Gardiner of Kimble
Lord Gardiner of Kimble
My Lords, I know of the deep interest of the noble Baroness in content available online, which we need to deal with. So far as this matter is concerned, we are working carefully to ensure that the definitions dealing with violent sexual behaviour and swearing are worded so as to ensure that they identify all products that are unsuitable for younger children. The final version of the definitions will be written into the draft legislation that is to be issued for consultation soon. We want to get it right and we would very much welcome any comments. We will then need to notify the EU about the new regulations, following which there will be the secondary legislative process.
Lord Cormack
My Lords, does my noble friend agree that the greatest crime of the 21st century is the destruction of childhood innocence? The second greatest crime is preventing young people growing up normally and naturally. Will he be a little bit generous in his interpretation of the word “children” to make sure that we do not expose young men in puberty and girls of equivalent age to things which, frankly, they should never ever be able to see?
Lord Gardiner of Kimble
My Lords, I have sympathy with my noble friend. Childhood at whatever age is a very precious time of our lives and children should be able to enjoy it. It is important that the Government should work with parents because their first priority and responsibility is looking after their children. It is obvious that online content is troubling many parents, so that is why we are working to set up internet parental controls and are working with wi-fi providers on a number of issues. In that way, we can ensure that children do not see inappropriate content.
Tourism
Debate between Lord Cormack and Lord Gardiner of Kimble(11 years, 9 months ago)
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Lord Gardiner of Kimble
I shall certainly make inquiries for the noble Lord and place a record of the findings in the Library. Clearly, the task and responsibility for VisitBritain is to work with all the other organisations including VisitEngland, the Northern Ireland Tourist Board and VisitScotland, and they must of course be co-ordinated because VisitBritain has the responsibility to ensure that, across the country, there are greater tourism opportunities. Wales, with its countryside and industrial heritage, is hugely important in that respect.
Lord Cormack
My Lords, could my noble friend boost tourism this year by suggesting that we put on special tours of all those marvellous areas and wonderful buildings that will be despoiled or destroyed by the extravagant expenditure of HS2?
Lord Gardiner of Kimble
My Lords, I know that HS2 has been the subject of earlier discussions; of course, there will be considerable opportunities with that rail network of getting to many parts of the country. As a man of Buckinghamshire, I understand what my noble friend means but the overall objective is to ensure that this country has a vibrant transport network.
Arbitration and Mediation Services (Equality) Bill [HL]
Debate between Lord Cormack and Lord Gardiner of Kimble
Lord Gardiner of Kimble
I can assure my noble friend that the Government and all the other groups that are interested in resolving this issue will be looking at all the evidence. In reaching the conclusions on how best to take it forward, we will be bringing forward a matter that is sensitive, and therefore the Government are working hard with other groups to ensure—
Lord Cormack
I appreciate that this is my noble friend’s first wind-up from the Dispatch Box and that he has the good will of the whole House. However, will he discuss with his colleagues in government some of the citizenship points that I raised during this debate, because it is only through having a thoroughly well educated population aware of its rights and responsibilities that we can finally lay to rest the things which concern us so much in this House?
Lord Gardiner of Kimble
My Lords, I am delighted to agree with my noble friend. I shall certainly raise those matters that he raised as well as those points that all noble Lords have expressed in this debate.