Cannabis

Lord Crickhowell Excerpts

Thursday 7th September 2017 Grand Committee

[Lord Crickhowell (Con)]

My Lords, I thank the noble Baroness for getting us this debate and for the work that she has done for the APPG, which has produced a compelling evidence base for policy change. She spoke of the striking evidence of dramatic improvement to their health that some cannabis users have experienced. That, combined with the failure of prescription medicines to relieve their symptoms, has caused patients to try herbal cannabis even though access to it is not lawful. Estimates as to the use of medicinal cannabis suggest that 30,000 patients in this country are using it, most of it coming from illegal street sources. Also striking is the evidence that a majority of users have discussed using a cannabis treatment with their GP or consultant. Whether or not cannabis is legalised, the gain from having a regulated system that does not put both patients and their medical advisers in an intolerable position and vulnerable to the dangers of using street supplies of drugs is compelling.

The background to this debate is HM Government’s 2017 drug strategy, which was published in July. That strategy, which apparently is to be delivered by a board chaired by the Home Secretary, is about abuse and harm. There is no mention of medicinal cannabis. The ACMG has a central role in this. The council, emphasising the health significance of the use of cannabis, has made recommendations for further research. The Motion asks that that research should be extended, but because the evidence produced by the APPG shows clearly that the Schedule 1 listing makes research into the use of cannabis-related drugs and drug trials difficult and expensive, there is a problem ahead. Ministers claim that a clear regime is in place to enable drugs that contain cannabis to be developed and licensed, but they can cite only one example, that of Sativex. Because of the difficulties and costs of applying for a licence, no application has been made in respect of herbal cannabis.

The Medicines and Healthcare products Regulation Agency has stated that products containing cannabis are medicines. Surely that conclusion and the legalisation of medicinal cannabis in so many countries combined with much evidence that it has not caused an increase in crime, abuse and harm in those countries—probably the reverse is true—provides powerful reasons for the Government to reconsider their policy and look at possible models for regulation. This is a health issue and I really wonder whether the Department of Health should not play a larger role in policy-making, which in my view is too dominated by the Home Office.

Drugs Policy

Lord Crickhowell Excerpts

Monday 21st November 2016 Lords Chamber

[Lord Crickhowell (Con)]

My Lords, first, I thank the noble Baroness, Lady Meacher, for giving us the opportunity to debate this important subject and for her clear and comprehensive introduction.

I go to Mexico every year and have done so for many years. Perhaps that is why I have come to believe that the so-called war on drugs has been a catastrophic mistake. It has led in Mexico and elsewhere in the Americas to vicious gang warfare, murder, violence against officials, corruption and the accumulation of vast wealth by those involved, and it has done little to reduce the consumption of drugs worldwide. That is one reason why I have been a warm supporter of the APPG for Drug Policy Reform and its demand for evidence-based action.

We are holding this debate at a time when a rapidly growing number of countries are moving to a much wider legalisation of cannabis consumption than we are discussing this evening. During the recent United States elections, there were referendums that added four new states to the 24 that had already decided to legalise marijuana consumption. In this country, a committee in the other place has recommended that cannabis should be legalised. Its report refers to the UK’s “dark ages” drugs policy. We are arguing tonight for the legalisation of only medical cannabis, and this debate comes a few days after the British Medical Journal urged doctors to push for legalisation, stating that doctors have “ethical responsibilities” to campaign for change.

We have already heard of the hugely important change in UN policy and that at the United Nations General Assembly Special Session held in April, both the US and the UN leadership rejected a moralistic and prohibitionist approach and called for all the proposed changes contained in the admirable report of the all-party group.

I add only one other thought. There is a great deal of evidence that, despite the present tight regulatory system, a great many people are using cannabis to relieve pain and to treat their own particular illnesses, and they are doing so in the knowledge that they are breaking the law. The noble Baroness referred to that. My daughter, Sophie Sabbage, in her book The Cancer Whisperer, describes a similar situation among those suffering from cancer who have not been fortunate, as I have been, to have their cancer cured by amazing surgery. She refers to treatments she has had in Mexico, reinforcing the orthodox treatments she had in this country. She writes that,

“it is so damn difficult, and in some cases impossible, to access those cancer protocols here in the UK … Interestingly I am now plugged into a semi-underground network through which I have been able to access some treatments in the UK, but it isn’t easy, I have met fully qualified GPs as well as highly experienced health practitioners who have to fly under the radar in order to provide these services”.

I am sure the same thing is happening with cannabis. We need the Government to move to a regime where it is not necessary to fly under the radar.

Taxi and Private Car Hire Market

Lord Crickhowell Excerpts

Tuesday 20th October 2015 Lords Chamber

[Lord Crickhowell (Con)]

My Lords, in asking to intervene in the gap, I must congratulate the noble Lord, Lord Bradshaw, on raising the issue, my noble friend Lord Borwick on an admirable summary of the problems and merits of the situation and the noble Baroness, Lady Randerson, on emphasising the flood of private hire vehicles that are entering London. I am entirely in favour of competition. I say to my noble friend Lord Callanan that I do not entirely agree with the TfL consultation. I do, however, think that there is a need for a re-examination of the regulatory system.

I started the day by going to a funeral in Wales, employing my admirable minicab service locally which picks me up at my house. I know what it is—I know that it is secure and well managed and has proper insurance. I travelled back to the House in a black cab. I therefore have nothing against competition. However, there are real issues, a number of which have been emphasised today. There is a flood of drivers coming in. We know very little about the driving ability of many of them, and I think that that is a matter of concern and interest. There are real issues about insurance—insurance not just of vehicles but the adequacy of insurance for the passengers and for third parties. I have heard of cases where, because the insurance was not adequate, the private hire drivers have actually run away from the scene of an accident. Such an incident, I am told, happened in Trafalgar Square only last weekend and caused a security alarm.

There is the issue of knowledge. I am not entirely a believer in the perfection of the sat-nav. The lovely driver who drove me this morning had his sat-nav on, but he wisely followed my instructions for the route to Paddington, and it was a great deal shorter and more direct than if he had followed the sat-nav direction. There has got to be some knowledge if we are to get best value for customers. There is also a real issue about moral standards and the lack of knowledge of what is involved. My noble friend Lord Borwick made some important points about wheelchair access.

My conclusion is that certainly regulation needs amending. I am not arguing in favour of the TfL recommendations. I do not think I know enough about them. We do, however, need some kind of regulation to deal with this situation. It should certainly embrace the contribution that major technology can give—yes, of course—but we need adequate safeguards so that passengers are not exploited by companies that, after all, are managed from outside this country. Any challenge to individuals is promptly referred to the head office in the United States, and, as we have heard, taxis apparently get paid in Holland. I am not sure that that provides a really secure basis for people using cabs in this country, so I think we need revised regulation. I hope that my noble friend the Minister will be able to tell us that the Government are giving very proper consideration to this important issue.

Davies Commission Report

Lord Crickhowell Excerpts

Wednesday 1st July 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

The Government will return to the issue of the expansion of capacity across London and the south-east, but as I have said, our decision, which will be put forward in the autumn, will reflect on ensuring the competitiveness of UK plc and the importance of regional connectivity.

[Lord Crickhowell (Con)]

My Lords, I declare an interest in that, 30 years ago, I was rash enough to buy a house in Battersea—a considerable distance from Heathrow—where the noise is excessive, even today. I have one specific question. If this goes ahead, it is proposed that there should be a legal limit on night flights so that they cannot arrive before 6 am. At present they fly though my bedroom window, so to speak, at 4 am every day because the airlines pay the necessary penalty to do so. During the long time before we go through this long process, why can we not legislate to put a legal ban on night flights straightaway?

[Lord Ahmad of Wimbledon]

My noble friend is quite right to point out that there are current obligations, which will continue until October 2017, but I take his point about the penalties that are paid, and I will take that back to the department.

Queen’s Speech

Lord Crickhowell Excerpts

Tuesday 2nd June 2015 Lords Chamber

[Lord Crickhowell (Con)]

My Lords, on energy security, there was an odd juxtaposition in the gracious Speech which said:

“Measures will be introduced to secure energy security and to control immigration”.

I wish I was more confident that the Government will achieve either objective.

The new Secretary of State will need great skills if she is to extract her department’s policies from the quagmire that has embraced them for far too long. My initial optimism was shaken by reading her blog which appeared on the day of the State Opening. It contained the controversial assertion that the UK,

“is one of the most energy secure countries in the world”.

She argued that healthy margins had been achieved last winter; that the capacity market would ensure that future peak electricity demand would be met; and that,

“we are investing in new Energy infrastructure, new nuclear and renewables, as well as exploring from shale gas”.

A blunt statement of reality would have provided a sounder foundation for the actions that are now needed. The report of the Science and Technology Committee, which was referred to by my noble friend Lord Ridley, on the resilience of the electricity system tells us that around one-fifth of the generation capacity available in 2011 is expected to close by 2020. The report comments:

“Closure of old power stations, combined with insufficient investment in new electricity generation capacity, has resulted in the capacity margin being squeezed ... By October 2014, following a series of power station outages, National Grid reported that the capacity margin for winter 2014/15 would fall to 4.1%”.

It is true that by putting in place short-term measures the capacity margin has been increased. However, the cost and sustainability of those short-term measures is a factor that has to be considered.

The Government are relying on two mechanisms created by the Energy Act 2013: contracts for difference and the capacity market. Contracts for difference are designed to stimulate investment in renewables, carbon capture and storage, and nuclear. The capacity market is designed to offer all providers a steady, predictable revenue stream, in return for which they must produce energy when needed or face penalties. I shall say something later about the problems that are already apparent.

On page 16 of the immensely authoritative report by the House’s Economic Affairs Committee, The Economic Impact on UK Energy Policy of Shale Gas and Oil, in evidence Professor Helm said that,

“by 2015 or 2016, the capacity margin in this country will be very close to zero; in fact, I have done some numbers which suggests that it might be below zero. What is going to fill the gap”?

The committee concluded:

“There is a growing risk of power cuts in the UK as the margin of electricity generating capacity over peak demand shrinks”.

My noble friend Lord Ridley told us about the recently announced closures of coal-fired generating capacity. In just three years our total coal-fired capacity will have fallen from 24 gigawatts to 15 gigawatts. Like Professor Helm, I ask what is going to fill the gap. I wish it was nuclear. In 2011, when I was a member of the Science and Technology Committee, we produced a report on nuclear research and development capabilities and said:

“Some experts suggest that 12 GW of energy generation is the minimum contribution that nuclear could make … up to 2050. However, the weight of evidence indicates that significantly higher contribution … is likely to be required”.

In 2013 the Government published their Long-term Nuclear Energy Strategy, stating:

“The Government believes that nuclear energy has an important role to play in delivering our long term objective of a secure, low carbon, affordable, energy future”.

But here we are in mid-2015 with little prospect of new nuclear stations making a contribution until well after 2020. The coalition Government tried to negotiate a deal with EDF and its partners to build a new station at Hinkley Point. My noble friend Lord Ridley suggested that it was a disastrous selection of the wrong company with the wrong technology. On the original timetable, we would be expecting completion in a couple of years. As it is, no deal has been signed and every so-called deadline has been passed. It seems that private investors are unwilling to take on the risks, even with the guarantees offered by CFDs.

If we are to get a nuclear programme under way, it may be that the Government have to be a major player, as other countries have found, and as was the case with Britain’s original and successful nuclear programme. Ministers talk about the importance of infrastructure investment. Is there any infrastructure investment more important than that which will secure long-term energy security, and is there any action likely to be more effective in meeting the fears and objectives of the noble Lord, Lord Layard, than an effective nuclear programme? These are issues about which Ministers should be thinking pretty hard.

I pose another question. Energy and climate change policies are funded through levies on consumer bills. Some of those levies are managed under the levy control framework and a cap which DECC has agreed with the Treasury. It will rise to £7.6 billion in 2020-21. Analysts suggest that DECC has significantly underestimated the cost of the existing policies. If these analyses are right, DECC may have fully committed the budget available under the levy control framework right out to 2020, leaving nothing available for anything else. The Secretary of State will need to take urgent steps to address this situation and to change some of those policies along the lines suggested by my noble friend Lord Wakeham.

The Economic Affairs Committee has pointed out that substantial volumes of gas will still be needed over several decades for home heating and as a back-up supply for the power sector when supplies from renewable sources such as wind and solar are inevitably intermittent. Even if gas-fired power generation is replaced over time by renewables and nuclear, and that may be a very long time,

“gas is likely to remain the main source of heat in the UK’s economy”.

That is why shale gas is so important.

The new energy Bill announced in the gracious Speech may give a boost to the UK oil and gas offshore industry, but it will be introduced against a background of declining North Sea oil and gas output, down by almost 40% since 2010. As the Economic Affairs Committee observed, the industry response remains uncertain. It also concluded that the development of shale gas in the UK on a significant scale would provide substantial benefits. The depressing thing is that once again we seem to be firmly stuck in a quagmire. There is a great deal of talk and not much effective action. The Economic Affairs Committee concluded that the regulatory framework was dauntingly complex:

“Unless the Government act to streamline the system so that regulation is effective as well as rigorous, the UK will be unable to take full advantage of the economic opportunities offered by shale gas ... The Government must take decisive measures to quicken the pace of exploration and development of the UK’s shale gas resource”.

It listed the measures that are needed. I have seen little evidence so far that decisive measures have been taken. We will want to know very early in this Parliament that they are now being taken. If we do not see drilling starting in the near future, it will be unforgiveable, and I fear that the nation will pay a heavy price.

Finally, I trust that the welcome proposals on wind farms will be discussed fully with the Welsh Assembly so that large wind farms are not just pushed into the beautiful parts of Wales. Welsh people will want locally taken decisions just as much as the English.

Anti-social Behaviour, Crime and Policing Bill

Lord Crickhowell Excerpts

Monday 20th January 2014 Lords Chamber

[Lord Cormack (Con)]

My Lords, as one who spoke at the Second Reading of my noble friend’s admirable Bill, I want to say how much we appreciate his persistence in good causes. He did a very splendid job for five years as chairman of the CPRE and when he gave up that particular job he did not give up the interests that went with it: keeping a cleaner, tidier and more beautiful Britain. Having been a constituency MP, I know that when people indiscriminately chuck things out of the windows of their cars, some of the loveliest reaches of the countryside can be truly defaced.

My noble friend had a brief word with me before this debate and I am delighted to hear that the Minister has been—not at all surprisingly—both engaged and helpful in this cause. I hope that at the end of this debate we will have the confirmation in Hansard of that helpfulness and can go forward, make those people who despoil our country guilty of what they do and ensure that they are suitably reprimanded.

[Lord Crickhowell (Con)]

My Lords, I spoke on the last occasion that my noble friend brought this matter forward and I am delighted at the outcome. I add only one thing. I do not often put down Parliamentary Questions these days, but if I do not see an order appearing, I will put down Parliamentary Questions and will do so, if necessary, with increasing frequency as that memorable date in May 2015 approaches.

[Baroness Smith of Basildon]

I rise briefly, having supported the noble Lord, Lord Marlesford, when he raised this issue in Committee and at Second Reading. He is wise not to rely on the Private Member’s Bill route at present, since we have a number of Fridays when we are discussing just one Bill, which crowds out every other Bill that noble Lords wish to bring forward. I agree with the noble Lord, Lord Deben, about “Better not, Minister”, or “Better, Minister”. I think that the phrase in the “Yes Minister” series—which I heard myself as a Minister—was, “That’s very courageous, Minister”, which, from civil servants, is not praise. I hope that the Minister has not had to be too courageous in accepting the principle behind this amendment.

I want to raise a couple of thoughts, because this is a big issue. The cost to councils is enormous. I come from a generation that came home from school or from shopping with our hands stuffed full of any litter we had had during the day. Sadly, that is not always the case now. Sometimes the methods used are not entirely appropriate, although the problem has to be dealt with.

I have one concern. As I understand it, the Minister will bring forward an order-making power at Third Reading, but I take the comments from noble Lords opposite that we need assurance that the order will not be delayed and will be fairly swift. We all know how long orders can take. Given that they are unamendable—though they have to be consulted on—it should not take too long. If the Minister can give assurances or any guidelines on the timescale in which he expects to bring the order forward, that would be helpful. Otherwise, I am delighted with the news that the Minister accepts the principle of this amendment.

--- Later in debate ---

A number of noble Lords—the noble Baroness, Lady Smith, and my noble friends Lords Marlesford and Lord Crickhowell—mentioned that they wanted no unnecessary foot dragging. I note that point. I have no wish to be assailed by questions from my noble friend Lord Crickhowell for dilatoriness. Given the complexities, of which I have spoken, it is not possible to give a firm date at this stage. Should Parliament grant us the powers, I am sure that my noble friend will not let us forget that we have them. I would be happy to keep him informed periodically.

[Lord Crickhowell]

In the light of what my noble friend said about the devolved Governments, will he undertake to draw the attention of those Administrations to what has been said in this debate and the action that the Government are now taking so that there is some hope that similar action will effectively be taken in the devolved countries?

[Lord Taylor of Holbeach]

I recognise the fact that my noble friend lives outside England, so he has an interest in making sure that those of us in this country do not all drive across the border—

[Lord Crickhowell]

Five hundred yards outside England.

[Lord Taylor of Holbeach]

It is even more pertinent to the issue he raises. I will, indeed, draw to the attention of the devolved authorities what we propose when Parliament has approved the Third Reading amendment that we are tabling.

I shall conclude by saying that I and my ministerial colleagues share my noble friend’s abhorrence of roadside litter and his deep distaste at the behaviour of those who carelessly discard things from their vehicle. We have already discussed at length the kind of problems that can arise if the law on this subject is difficult to interpret or enforce. I am sure that my noble friend agrees that we need to ensure that we get the legal detail right. I hope that my noble friend will withdraw his amendment and allow us to bring forward an alternative that will meet all our aspirations.

Anti-social Behaviour, Crime and Policing Bill

Lord Crickhowell Excerpts

Wednesday 20th November 2013 Lords Chamber

[Lord James of Blackheath (Con)]

My Lords, I support my noble friend Lord Marlesford on his amendment, but I wish also to make a small criticism of it—that it is lacking in focus. While it deals with the issues of litter very effectively, it does not go far enough in addressing the issues of offensive behaviour in cars and other moving vehicles, which is increasingly prevalent among young people.

I cite the example of recent Saturdays, when we have had the rugby at Twickenham. I have made endless attempts to convince my wife that rugby is a respectable pastime and not the equivalent of being found in bed with a supermodel on a Saturday afternoon, as she has often thought—although, given the way in which England have played recently, it is a good alternative. However, I persuaded my wife to come to Twickenham with me on each of the last three Saturdays and she was totally horrified at the sight of the school buses coming down the road full of children indulging in a pastime which is, I believe, called mooning. I am not going to explain it to your Lordships because we are in mixed company, but the sight of some 40 children mooning simultaneously is not a pretty one. My wife is a youth justice officer and as she watched the police motorbikes zooming past these kids, giving them a friendly wave, she said: “We have a law against this sort of thing. Why are they not being brought into court? I would put them away for a year if I got them.”

There is an omission in the amendment tabled by my noble friend in that it does not deal adequately with the bad behaviour that can come out of vehicles and interfere with others. That was one example, but there was another this week of which your Lordships should be aware. In its wisdom, the Times—I am sorry that the noble Lord, Lord Finkelstein, is not here to take down this message—is pursuing, to a ludicrous degree, the cause of cyclists to the point where they are creating a new and separate society in London, in which cyclists think they have a superior law and control over everybody in a motor car. This is going to lead to some catastrophic accidents very soon. On three mornings, driving up the A3 in the Balham and Clapham area, I have seen cyclists put their cycles up against the central reservation—not the line where the bus lane is—stand in the middle of the road with a camera and defy you to run them down while they photograph you doing it. That is what they are longing for. We need to have that sort of behaviour excluded because it is going to lead to their demise and our prosecution: it is ridiculous. I support the amendment, but it needs to go a little further.

[Lord Crickhowell (Con)]

My Lords, one step at a time. I am going to let my noble friend’s suggested change to the amendment pass by for the time being. However, I have a great deal of sympathy for both these amendments. I will concentrate on my noble friend Lord Marlesford’s amendment. I have now moved from my home in a national park, but I have always been horrified by the casual way that, in one of the most beautiful valleys in the countryside, people throw drink containers out of the windows of their cars as if that was a normal and natural thing to do. I am almost equally horrified—frustrated, indeed—by the attitude described by my noble friend as coming from Defra. I am not entirely surprised that it comes from officials: I am horrified that it has come in the form of letters from my noble friends who I have always regarded as thoroughly practical, sensible and wise people. I hope that my noble friend Lord Taylor will show that I am right in that respect when he responds to this debate.

The condition of our roadsides is really appalling. It is a very long time since I served in Lady Thatcher’s Government, but I well remember her returning from an overseas trip and expressing horror and consternation at the state of the road from Heathrow to London given the litter that was there, compared to the roadsides she had observed in the places she had been visiting. This was, I am afraid, one of the occasions when she did not do anything and here we are, 30 or more years later, and nothing effective has been done.

My noble friend described the comments from a Minister about the strength of the legal system and how, if you have a tough law and all the awful penalties he described, people were likely to take notice of it. I have to tell him that it is not only the hooligans and the ignorant who ignore the law. I well remember, when I was still a Member of Parliament for Pembroke, the president of my association—who had himself fought three parliamentary elections and was a distinguished local magistrate—telling me of driving back over the Preseli Hills from a magistrates’ meeting in Haverfordwest. He was horrified because someone in the car in front of him was throwing papers out of the window every few hundred yards. After he had driven for 10 or 20 miles and the confetti had been scattered along the roadside for a considerable distance, he decided to stop to see what the litter consisted of. He stopped, picked up the litter and discovered that it was the minutes of the magistrates’ meeting that he had just left. There you had a magistrate leaving a magistrates’ meeting who was so terrified of the law which my noble friend has described that he was taking no notice of it at all.

We have a very practical suggestion from my noble friend and it does not deserve the casual and rather absurd way that it has been treated so far by Defra. I hope that the Minister, if he cannot accept the amendment in exactly its present form, will tell the House that he will be prepared to discuss this whole matter in much more detail with his department in the hope that we can make some belated progress on this urgent problem.

[Lord True (Con)]

My Lords, this is the first time that I have intervened on the Bill. I should declare an interest as leader of a London borough council; indeed, it is the council that I now learn is the world’s centre of mooning. I should apologise to Lady James of Blackheath for the offence that was caused. I will try to avert my eyes when I next go to Twickenham.

I express my immense support for my noble friend Lord Goschen and his amendment. He is exactly correct to point out the scourge of fly-tipping and I hope that the Government will be supportive. Equally, I am extremely supportive in principle and in practice of my noble friend Lord Marlesford’s amendment. I am going to anticipate what I fear the Minister might say about it, in the hope of averting the risk that he will push it aside. There are issues of policing that local authorities would have to face with this. It is not as easy to identify a car from which a piece of paper has been thrown as it is to find a parked car of which you can take a photograph and stick it on the web, so that the person who has parked the car can see the offence that they have committed. The proposed process imitates the process for dealing with a parking offence, and will still have issues of proof and so on attached to it. I am sure that the Minister may well be tempted to say that. None the less, I am sure that there are ways in which, with a will, these kinds of problems could be overcome. I hope that my noble friend on the Front Bench will take it forward in a positive spirit.

I should add to what my noble friend Lord Crickhowell said about motorways, where the situation is appalling. Last time I went up the M1, I saw the astonishing investment by the Highways Agency in having ridiculously exaggerated numbers of cameras at the first few junctions. Millions must have been spent on them, the side notices and so on. Yet along the side of the road, totally neglected, were piles of litter. Something ought to be done by the Highways Agency to prioritise investment and deal with this problem, which is a terrible advertisement for our country along its main highways and which a small local authority is not by itself competent to deal with.

--- Later in debate ---

[Lord Taylor of Holbeach]

I could not agree more with the noble Baroness about the importance of behaviour regarding the environment. All noble Lords would join in that sentiment. I do see this as an ongoing debate on how Parliament, the Government, and communities as a whole can deal with what is manifestly a big problem. I am grateful, therefore, for the opportunity to debate these issues through the amendments tabled by my noble friends Lord Marlesford and Lord Goschen. My noble friend Lord Marlesford has come back on this issue following his Private Member’s Bill and the amendments that he made to previous legislation on similar grounds.

I shall address his amendment first. I know that littering from vehicles is something that he feels about passionately. I have been in the House when he has raised this issue previously and I also know that many noble Lords share his concerns, as I do myself. I consider it a source of considerable annoyance to see the roadside littered—if I may use the word—with discarded litter, discarded by people who do not seem to care about the visual and other impacts on the environment and other people’s neighbourhoods. Therefore, I come from a position of saying that littering should be treated seriously. My noble friend Lord Crickhowell is absolutely right. It is simply unacceptable to drop litter. Littering from vehicles can also present a danger by distracting or even injuring other road users or by obstructing the highway. Littering is anti-social and this is an anti-social behaviour Bill. It demonstrates disrespect for the community and it incurs costs for the taxpayer. In many communities, a lot of litter collecting is done by voluntary community groups. In my own area, the local civic society takes on responsibility for clearing up irresponsibly discarded litter. The Highways Agency spends around £10 million a year clearing litter and this often involves closing lanes, which also causes delays to other road users.

As my noble friend explained, his proposed new clause seeks to make it easier for local authorities to fine people when littering is witnessed from their vehicle. My noble friend feels that more people must be punished for this anti-social behaviour and that, if more people were or could be punished, fewer people would commit the offence in the first place. The Government are at one with my noble friend’s intentions. However, as my noble friend Lord De Mauley advised my noble friend Lord Marlesford during the Second Reading debate on his Littering from Vehicles Bill earlier this year, we do not believe that the approach he proposes is likely to contribute significantly to the resolution of this problem, and I think that I owe it to the Committee to try to explain that.

At present, because littering is a criminal offence, we advise local authorities not to issue fixed penalty notices for littering unless they are confident that the evidence against the offender would stand up if the case went to court. It is, of course, for local authorities to satisfy themselves about this and to assess the strength of each case on its merits. The amendment would also mean that, as a matter of law, the registered keeper of a vehicle could be punished for an offence committed by someone else, such as a passenger, or a family member who also had the use of the vehicle. The amendment makes clear my noble friend’s intention that the registered keeper should be held liable whether or not they gave instructions or allowed the contravention to take place. People who are innocent of any offence would therefore have either to pay the fine or take on further inconvenience and expense in challenging it, while the actual offender would go unpunished. It is hard to see how this approach is going to change offenders’ behaviour if someone else bears the punishment for their wrongdoing. In law, fairness and proportionality are crucial in gaining public support for the use of fines to punish this type of behaviour, but under the amendment an innocent party might be punished for the crime of another.

I accept that there is a place for keeper liability when it comes to the enforcement of traffic-related offences, but it is a very big step to extend this principle to other categories of offences. Government guidance on the use of fixed penalties is very clear that people should be fined only when it is proportionate and in the public interest to do so, and fining the registered keeper for any littering offence committed from their vehicle, regardless of their guilt, is neither fair nor proportionate.

Enforcement is the issue, and I agree with all noble Lords who have spoken that we want the message to the public to be loud and clear: littering is a crime. However, the amendment would distort that message by essentially decriminalising littering from vehicles, and at the same time it would create a legal anomaly. Littering while standing on the pavement would remain a crime, but dropping the same litter from within a vehicle would be treated as a civil offence. That risks sending the wrong message—that littering from vehicles is not really so serious.

More importantly, we also doubt that this proposal will achieve my noble friend’s desired aim, as it relies on the offence being witnessed. Its effectiveness would be limited by the number of enforcement officers available to the local authority, and they cannot be everywhere all the time. It will not be of any help when the offence takes place in an isolated area, in the dark or at such speed that the vehicle registration cannot be recorded. In some cases, CCTV may help, but even CCTV has limits as to the level of detail that it captures.

When my noble friend raised this proposal in the context of the Localism Bill in 2011, the then Minister, my noble friend Lord Shutt, responded:

“It makes sense to learn the lessons from the application of that approach in London before moving to wider legislation”.—[Official Report, 10/10/11; col. 1370.]

I know that my noble friend Lord Marlesford feels that the powers under the 9th and 10th London Local Authorities Acts have been in force in London for a year and that we should therefore have had time to assess their operation by now. However, the current evidence suggests that these powers have not been widely used. It has taken a long time for the boroughs to put in place the necessary appeals system and paperwork. Barely a handful of civil penalties have been issued so far, and the new threat that registered keepers will be fined does not seem to have made much of a difference to the behaviour—

[Lord Crickhowell]

I am grateful to my noble friend. He is giving one lot of statistics but does he have any statistics relating to the number of occasions when criminal prosecutions have been effectively brought for the same offence anywhere in the United Kingdom?

[Lord Taylor of Holbeach]

I apologise to my noble friend because I do not have such figures. I am not quoting any figures here; I was saying that I understand that only a handful of civil penalties have been issued. I shall certainly write to my noble friend if I am able to obtain the answer for the number of littering crimes that have been committed. As I said earlier, enforcement is the issue. The new threat that registered keepers will be fined does not seem to have made much of a difference to the behaviour of the general public. After this debate, it would be interesting for me to talk to my noble friend Lord True about his experience in his borough and to find out how useful he has found these provisions under the London Local Authorities Acts.

The lesson we have learnt so far is that the evidence does not support this approach as being so effective in tackling the problem as to justify rolling it out on a national scale. While we share my noble friend’s sentiment and respect his persistence, we cannot support this amendment and I hope that he will withdraw it.

We have heard a number of speeches. My noble friend Lord James of Blackheath sought to get to the bottom of several issues, but we doubt that my noble friend’s proposal will assist us in dealing with the problems mentioned by many of the speakers in this debate.

I now turn to the amendment from my noble friend Lord Goschen. He alluded to a number of matters on which I can now inform the Committee. This amendment brings to our attention the problem of fly-tipping. Like littering from vehicles, this is another example of individuals having little care or concern about the impact of their actions on the environment.

I am pleased to be able to reassure my noble friend that there are currently seizure and disposal powers in respect of vehicles used for illegal waste disposal. These are set out in Section 6 of the Control of Pollution (Amendment) Act 1989 and they apply in Scotland, England and Wales. However, we will be improving on these powers when we commence provisions in the Clean Neighbourhoods and Environment Act 2005 to repeal and replace them.

The new, wider powers relate to the seizure of vehicles used or about to be used in the commission of offences under Section 33 of the Environmental Protection Act, which relates to the unauthorised deposit of waste and includes fly-tipped waste, under Section 34, which imposes a duty of care to ensure that waste is transferred to an authorised person, and under Regulation 38(1) or (2) of the Environmental Permitting (England and Wales) Regulations 2010, which require waste operations to be carried out in accordance with a permit. It will also make it easier for local authorities and the Environment Agency to exercise their powers—for example, by removing the need for a warrant before seizure and for the retention of the vehicles pending investigation or completion of court proceedings.

The new, wider powers also provide for the forfeiture of seized vehicles following convictions for offences under Section 33(1) of the Environmental Protection Act or Regulation 38(1) of the Environmental Permitting (England and Wales) Regulations. The new Environmental Protection Act powers have already been commenced in relation to Wales and are in the process of being commenced for England. The related secondary legislation is in the process of being drafted and finalised. Subject to the normal clearance procedures, these powers are due to be brought into force as early as possible in 2014. Given that the powers sought by my noble friend’s amendment already exist and are in the process of being improved, I do not think the amendment is necessary and I hope that he will feel able not to press it.

Electoral Registration and Administration Bill

Lord Crickhowell Excerpts

Monday 14th January 2013 Lords Chamber

[Lord Rennard]

My Lords, the constitutional package that resulted from those 22 days—or however long it was—of deliberation clearly linked together many aspects of constitutional reform. If I may be allowed to develop my argument, I am suggesting that there is a clear link between the accountability of government to Parliament and the number of MPs. It is the view of my party that the failure to achieve any measure of reform at all here means that the hoped-for increased ability to hold the Executive to account will not happen. It may even decline as the Prime Minister prepares to make many more nominations to this House.

With the so-called payroll vote approaching half the membership of the government side of the House of Commons, the power of government to control Parliament is effectively increased. I believe that the opposite should be the case. This is, therefore, not the right time to reduce the ability of the House of Commons to hold the Executive to account by reducing its membership. There are no signs that the size of the Government’s so-called payroll vote will be reduced and coalition government probably makes it less likely. Many in my party take the view that the reduction in the number of MPs proposed in the current boundary review should not take place without reform that would strengthen the legitimacy of this House.

The media would make too much of two coalition parties going into two different Lobbies today. But in countries across Europe where coalition is much more the norm, this is not so unusual and people understand that different parties vote in different ways on some issues, while agreeing on packages of measures where they can find agreement on what they both consider to be in the national interest.

On the whole package of constitutional reform set out in the coalition agreement, it was not possible to deliver what was promised in that agreement and in the gracious Speech following the general election. So my noble friends to my left should not be surprised that we are where we are today. Noble Lords who have followed our many debates on electoral registration will know that my consistent aim—and that of my party—has been to improve the process of electoral registration so that we have a system fit for the purpose of conducting elections and reviewing boundaries as and when required. The question that now must be considered is what is the link between the boundary reviews and the process of electoral registration being considered in this Bill.

It seems to me that the issues of electoral registration and boundaries are inextricably linked. As my noble friend the former leader of the House, Lord Strathclyde, stated when the Parliamentary Voting System and Constituencies Bill was debated,

“the boundary review will be based on the electoral register in force at the time of the review”.

He pointed out that all:

“Previous boundary reviews have used the electoral register”.

He also relied on the fact, which we now know to be incorrect, that,

“the registration rate in the UK is between 91 and 92 per cent”.—[Official Report, 26/1/11; col. 1040.]

If the Bill that we are currently considering is passed, we will soon have a very different electoral register—one that, according to the aims of all Ministers, should be both more accurate and more complete. It is right that we use the new registration system for the next review of boundaries.

In considering the scope of the Bill, I too have great respect for the advice that we receive in this House and I note that it is for the House itself to decide on the basis of conflicting advice. However, I also have long experience of electoral registration and administration issues. I need hardly point out that elections simply cannot be conducted without a process to determine constituency boundaries and that this amendment is about the timing of that process. It is an integral part of the process by which boundaries are revised and why the amendment is highly relevant.

I thought long and hard about the Clerk’s advice and alternative legal opinions. It seems to me that even if electoral registration and boundaries were not considered to be connected, this Bill could not be considered to have only one or two simple purposes— the basis of the view that the amendment may be out of scope. It is clear to many of us that the Bill is about more than one or two things, since it actually covers at least eight areas: first, individual registration; secondly, the timetable for elections; thirdly, polling stations and district reviews; fourthly, the performance of returning officers; fifthly, emblems to be used on ballot papers; sixthly, the right of police and community support officers to enter polling stations; seventhly, alterations to the postal vote regime; and eighthly—and relevantly—repeal of existing powers for a centralised, national electoral register.

This means that the Bill is open to this amendment and, with good reason, we on these Benches support it.

[Lord Crickhowell]

My Lords, as my noble friend the Leader of the House has reminded us, the Companion states in specific terms that it is expected, in the circumstances that have arisen, that the Clerk’s advice will be followed. He was absolutely right in the warnings that he gave about the possible unintended consequences of the actions now being taken. That seems to be one powerful reason for rejecting this amendment. It is not a sensible way to change the conventions and practice of the House.

I want to concentrate on a second reason for opposing the amendment, although I will say this about the comment made by the noble Lord, Lord Hart, about the information being incomplete and the register being inaccurate: of course, it is freely acknowledged that under the present arrangements the information is substantially out of date and often very substantially incomplete.

Last Wednesday in the Constitution Committee, I questioned the Deputy Prime Minister on the subject that we are now debating: the implementation of the Parliamentary Voting System and Constituencies Act. I do not refer to this exchange with any great expectation that I can persuade my Liberal Democrat friends to abandon their stated intention to support the amendment but because I think that noble Lords in other parts of the House should be clear as to why they are being asked to act in the same way.

Both in our committee last Wednesday and in the Political and Constitutional Reform Committee of the other place on 13 December, the Deputy Prime Minister made it quite clear that his decision had absolutely nothing to do with merit and was entirely due to a political judgment that the implementation of this measure must be postponed to keep,

“the overall balance of the packages of the things that we included in the Coalition Agreement”.

He rejected my opinion that the balance argument did not hold up and that a desirable Bill should not be dropped simply because the public had given “a big thumbs down” to the measures or because he had not persuaded the House of Commons that the House of Lords Reform Bill was a good Bill. He equally firmly rejected what I described as my “old-fashioned” point of view that you should support or reject a measure because of its merits or lack of them.

The Deputy Prime Minister could not have been clearer about the merits of the Act. At Second Reading in the other place, he had identified,

“three problems with the current electoral map. Constituencies vary too much in size, they are based on information that is out of date, and there are too many of them”.

He provided specific examples of these grave discrepancies, saying:

“On the broken scales of our democracy, 10 voters in Glasgow North have the same weight as 17 voters in Manchester Central”.—[Official Report, Commons, 6/9/12; col. 36.]

Later, referring to the number of Members of Parliament that we ought to have, he said, “600 is about right”.

In both committees, the Deputy Prime Minister said that he was strongly in favour of the Act and hoped that it would be implemented, but that he wanted its implementation delayed for a full electoral cycle. He wanted that to happen for one reason only: because Conservative Members of the Commons had by their votes blocked his House of Lords Reform Bill. He repeatedly asserted that they had done so despite being elected on a manifesto commitment to reform the House of Lords. My noble friend Lord Lang of Monkton pointed out that the Government voted in support of the House of Lords Reform Bill and tried to ensure Back-Bench support and that the manifesto commitment was to seek a consensus, which is totally different.

In my view, we are not dealing with two measures that can be put neatly on each side of the balance scales, but with a whole string of measures covered by the coalition agreement, some of which, to use the Deputy Prime Minister’s own words, the public had given “a big thumbs down” to.

Police and Crime Commissioners

Lord Crickhowell Excerpts

Monday 5th November 2012 Lords Chamber

[Lord Taylor of Holbeach]

I thank the noble Lord. Of course, £30 million is a significant sum. This election has given us an opportunity to show that it is possible to communicate with electors in different ways. I have given noble Lords the figures: 1 million hits on the website is not an insignificant number and 100,000 requests for printed forms is not a modest number. I believe that the Government have done the right thing in this way. I hope that all noble Lords will see this as an opportunity to bring democracy into police governance in a way that has not existed before and that they will support their favoured candidates for these elections.

[Lord Crickhowell]

My Lords, is my noble friend aware that I received a bilingual address from the Conservative candidate but not from the Labour candidate and I have cast my vote accordingly?

[Lord Taylor of Holbeach]

That is very good news for the candidate in my noble friend’s constituency.

Protection of Freedoms Bill

Lord Crickhowell Excerpts

Tuesday 24th April 2012 Lords Chamber

[Baroness Crawley]

My Lords, perhaps I may make a brief and slightly croaky intervention—I go one up on my noble friend Lord Borrie—as president of the Trading Standards Institute. I thank the noble Lord, Lord Marlesford, for engaging so closely with trading standards over the past number of months since first introducing his amendment in February. Indeed, trading standards officers would rather have been included in his amendment than not and therefore I do not decry them for their enthusiasm. However, after much discussion with partners in the intervening months, I should inform the noble Lord that, on behalf of trading standards, I shall not be able to follow him into the Lobby on his amendment.

My reasons are twofold. First, following on from the point made by my noble friend Lord Borrie, the provision made to include trading standards in the list of exceptions does not give enough scope to ensure consumer protection from rogue traders, money launderers and scammers of all types across all sectors. In difficult economic times—and we certainly live in difficult economic times—consumers are more and more vulnerable to these crooks and opportunists. Therefore, the legislation we bring forward to protect consumers must be very carefully enacted and leave no gaps in that protection.

Secondly, Motion A1 allows for an exemption only if provided for by the Secretary of State through regulation. Trading standards officers are extremely concerned that if the Motion is carried they would lose their existing powers of entry—they have been protecting us, as consumers, for over 100 years—until such time as they may be reinstated by statutory instrument. That uncertainty is not in the best interests of today’s vulnerable consumers.

[Lord Crickhowell]

My Lords, I had not intended to take part in this debate but one matter does strike me. In the eight years in which I was a Minister in the Administration of my noble friend Lady Thatcher, whenever a Minister said that something would take a particular period of time, she used to say, “Well, just think what was achieved in time of war during that kind of timescale”. We have been told that this review will take two years. I do not understand why the Minister does not simply say to the Home Office, “You have got to do it in a year”. Why will it take two years to carry out a review? If we were in a time of war, it would be dealt with much more quickly.

I put to the Minister exactly the retort of my noble friend Lady Thatcher. Set a timescale that is reasonable and achievable and, if the review is completed in the next year, there would be an opportunity for any necessary legislative change to take place within the present Parliament. As it is, I feel that we will get beyond 2015 and nothing will have been done.