European Union (Withdrawal) Bill

Debate between Lord Deben and Lord Wallace of Saltaire

Committee: 8th sitting (Hansard - continued): House of Lords
Monday 19th March 2018 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I would say to the noble Lord, Lord Deben, that we are really shooting ourselves in the knee. It is a matter of active interest to a significant minority of Members in the House, because replacement knees and hips are among the medical devices which are most common among us.

[Lord Deben]

I was going to suggest that there is probably not a Member of the House who should not declare an interest in this debate, because there are few of us who have not had some device or other implanted. Are we not lucky that they were made and regulated in this country?

[Lord Wallace of Saltaire]

Shortly after the referendum, I was sitting in the orthopaedic surgeon’s office with my wife, who was about to have a new hip, and he explained to us how leaving the European Union would cost the NHS more and would make it more difficult for him to procure what, in his opinion, was the best artificial hip available for the occasion. It was made by a multinational company in southern Ireland with bits—as noble Lords will know, these are complicated devices—coming from across the border and various other places. This undoubtedly would be more expensive, take longer and cost the NHS more. It is yet another example of where, despite the false promises of how much money would flow into the NHS, it will actually be completely the other way round. We will be creating artificial obstacles of one sort or another for these artificial devices, which will affect us all extremely closely. Those of your Lordships who have not yet got one will probably get one within the next 10 years. As the noble Lord says, we are absolutely shooting ourselves in various different embarrassing places by accepting that, in leaving the European Union, we are making these possibilities more difficult and more expensive.

Recall of MPs Bill

Debate between Lord Deben and Lord Wallace of Saltaire

Monday 2nd March 2015 Lords Chamber

[Lord Deben (Con)]

Oh!

[Lord Wallace of Saltaire]

Yes, we will make exceptions in some cases—particularly for the sons of Church of England clergymen.

Standards have developed and moved, and we are discussing how we would advise the House of Commons and how the Government should respond to the House of Commons on its proposals to move the Standards Committee further. The recent report calls for an increase in the number of lay members—we have had three lay members since 2013—and in their representation as a proportion of the committee. The Government already have a high regard for the lay members of the Standards Committee and appreciate the very important role they play in the work of the committee. The three lay members who currently serve have clearly made a valuable contribution and add an important level of independence to the process.

The Standards Committee report has only very recently been published and the Government have not found time to agree a formal response—the matter is, after all, in principle for the Commons itself. If I may say as clearly as I can, the Government can see no reason at all why there should not be an increase in the number of lay members of the committee, as proposed in the Standards Committee’s report. The disciplinary procedures of the House of Commons are, in principle, a matter for that House as a whole. It is for the Government to facilitate a debate in which the report of the Standards Committee can be considered in detail and consequent changes agreed.

I would urge this House to ponder carefully any course of action that might be interpreted as pressuring, influencing or leaning on the other place to make such a significant change to its disciplinary procedure. After all, we come up against issues of parliamentary sovereignty and parliamentary privilege.

CIA: Torture

Debate between Lord Deben and Lord Wallace of Saltaire

Tuesday 16th December 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I already said that the Intelligence and Security Committee has taken on additional staff to cope with this inquiry. I recognise that there are some considerations as to how open the report of the Intelligence and Security Committee will be. We have to wait to see how much it will be able to publish. I think we all recognise that this is all an extremely delicate area in terms of how much one can publish. I wish I could give an assurance that the next Government, whoever they may be, will do their utmost to ensure that as much as possible is published.

[Lord Deben (Con)]

Does not my noble friend accept that, however delicate these matters are, there is widespread concern that this Government should show themselves utterly open on these issues? It is therefore very important that the answers to questions such as this are rather clearer, so that people can see exactly what we are doing to ensure that the reputation of this country should no longer be besmirched by such allegations.

[Lord Wallace of Saltaire]

My Lords, I entirely accept that. We are talking about allegations of behaviour undertaken between 2001 and 2005, in most instances. The Government are doing their utmost to ensure that they are fully investigated.

Deregulation Bill

Debate between Lord Deben and Lord Wallace of Saltaire

Thursday 20th November 2014 Grand Committee

[Lord Wallace of Saltaire]

I could not possibly comment. I do not begin to think that the Prime Minister accepts the Daily Mail approach to health and safety. He knows as well as everyone else that there is always a difficult balance to be struck in this area. I am well aware that there are a number of things, from his own personal experience, that the Prime Minister feels very strongly about in terms of proper provision of public services and proper regulation.

[Lord Deben (Con)]

On that point, surely it is not right to say that everyone else knows that. The Daily Mail does not know that and, unfortunately, it tends to say to a lot of other people that they should not know that either. I just think that we ought to remind ourselves that the common sense that he and the Prime Minister put forward is rather important.

[Lord Wallace of Saltaire]

Writing common sense into law is one of the most difficult things that we all spend our time on, however.

Deregulation Bill

Debate between Lord Deben and Lord Wallace of Saltaire

Tuesday 21st October 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, this has been a short debate. I recognise the worries that have been raised. I thank the noble Lord, Lord Curry, for his speech. I emphasise that this is very much about the Red Tape Challenge and removing both real and perceived burdens on businesses. I stress perceived burdens because it is a disincentive to set up a business if you are intending to work on your own if you think that you face a tangle of regulations that it will cost you money, and take you a great deal of time, to work through and understand. The question of perception is therefore not at all unimportant to this Bill. On the other hand, I recognise that much of this is not enforced, let alone inspected, when it comes to people who work on their own, quite often in their own homes, so there are shades of understanding on all sides of the issue.

When I think about the self-employed, I tend to think about people in my profession, academia. I can recall two accidents in academics’ homes that I am aware of, in which bookcases became overloaded with books and collapsed. I regret to have to admit to your Lordships that one of the bookcases in question I had put up several years before; we had then sold the house to another academic and the bookcase very nearly collapsed on him, so in that sense I am perhaps liable. My DIY skills are not as good as they should be.

We recognise that people working in what one has to say are the intellectual trades or in the service industries—accountants, lawyers working at home and so on—on a self-employed basis are not in the business of high risk. All regulation is a question of how much risk one is prepared to accept, how large the risk is and how burdensome regulations will be. That is a constant trade-off that all Governments and Administrations have to consider, and that all courts when asked to review them also have to consider. The question of the balance is very much part of what we are now dealing with.

The noble Lord, Lord McKenzie of Luton, asked about people working in partnerships and whether they are exempt. I can tell him that if they are self-employed within the definition in the Health and Safety at Work etc. Act, they will be exempt unless the activity that they are undertaking is on the proscribed list. The definition of “self-employed” is not altered by this change. The noble Lord quoted paragraph 90 of the HSE review on this. I had indeed looked at paragraph 90, and what is said in paragraphs 91, 92 and 93 modifies what is said in paragraph 90, to the effect that we should not expect adverse health and safety impacts for the workers themselves and that behaviour is not likely to change due to the exemption. Again, we are dealing with degrees rather than sharp distinctions, one for another, and with perceptions as well as realities.

To introduce some numbers, as has been stated in the debate the number of people who are self-employed has grown considerably over the last 20 years, particularly over the last 10 years. On figures for accidents and fatalities, in the years 1992-93 there was an average of 81 fatalities among the self-employed per year; in 2012-13, there was an average of 51 fatalities. Many of these accidents involved electrical failures, or people who are electrocuted in the home or whatever it may be, as well as anything that may involve anyone else who had visited them.

I will ensure that I have answered all the other questions. The noble Lord, Lord Stoneham, and my noble friend Lord Deben asked whether we have anything specific about premises. This proposal is specific, as I mentioned in moving it, to Section 3(2) of the Health and Safety at Work etc. Act. Self-employed people will continue to have duties under Section 4 of the Act, which places a duty on those who provide non-domestic premises in a workplace, such as landlords. The duties that the self-employed person will have more generally will depend on whether the self-employed person carries out the activities on the proscribed list.

[Lord Deben]

My question was not just about whether they had duties, but whether the same responsibilities for the self-employed person who was exempt would be borne by the owner of the premises upon which they were working.

[Lord Wallace of Saltaire]

My Lords, I will have to write to the noble Lord about that specific question; I have noted it.

Part of what we are seeing in the rise of self-employment is that the number of people working in their own homes is rising as well; computerisation and all of the information technology developments make that much easier than it was 20 years ago. The noble Lord, Lord Deben, has remarked that inspectors could indeed come around and make sure that they have got their computer screens at the right angle and that they are using the right sort of chair. All of these can indeed be regarded as mild risks to those who are engaged in the activity. Again, however, in the balance between risk and regulation, that seems an acceptable risk to the Government, and one would wish to maintain the degree of independence and autonomy that one could have.

--- Later in debate ---

[Lord Wallace of Saltaire]

If that person is not self-employed, but working in paid employment with equipment provided by the employer, we are in different circumstances from those covered by this clause. If necessary I will write to the noble Lord to clarify that further. However, where a non-self-employed person is working from home while still carrying on their employment is a different circumstance.

The noble Lord, Lord McKenzie of Luton, touched on the list of exemptions and what areas are covered. The regulations will of course be discussed further—the HSE is currently discussing the draft list—so we may come to a slightly different conclusion at the end. I merely wish to point out that the actions of independent van drivers, for example, are covered by a whole range of other regulations. The question of whether we should duplicate regulations and restrictions is also one of those which the Red Tape Challenge wishes to address. I hope that I have managed to answer all the questions that were raised.

[Lord Deben]

I raised the question of information. Although a large number of individuals are exempt—I quite agree with that—they would still perhaps benefit from knowing about these things. How will that connection be made?

[Lord Wallace of Saltaire]

My Lords, I suspect that most young, self-employed people get their information about these things off the computer or iPad. I hesitate to suggest that inspectors should visit them in their homes to check that they are doing things correctly. That suggests a level of state intervention in personal lives and activities that I hope the noble Lord would be strongly opposed to and perhaps the Labour Front Bench would not wish to propose. As I have stressed before, we are talking about the balance between acceptable risk and necessary regulation, and about the balance between the burden of regulation and the perception by people who wish to set up their own businesses or work on their own of the amount of regulation they face and the potential risks to themselves and others who may visit them.

Elections: Weekend Voting

Debate between Lord Deben and Lord Wallace of Saltaire

Tuesday 1st July 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, that is a very fair question. We will clearly have to investigate which public schools we can use for polling stations in the future.

[Lord Deben (Con)]

Will my noble friend accept that, although I have the greatest of devotion to my noble friend who asked this Question and am a firm supporter of the European Union, this is one continental habit that we do not need to take on board? It is important for schools to take seriously their part in the community, and children learn considerably if the teachers are sensible enough, as the noble Baroness suggested, to use this time to explain to children what happens. I do not believe that they would do that were it on a Sunday.

[Lord Wallace of Saltaire]

My Lords, the table I have seen of the days on which other industrial democracies vote covers every day from Monday through to Sunday. The majority of Roman Catholic countries vote on a Sunday. Almost all Protestant countries vote on other days of the week.

Credit Unions

Debate between Lord Deben and Lord Wallace of Saltaire

Thursday 16th January 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I have just read that the noble Lord, Lord Freud, and Mr Iain Duncan Smith have joined the London Mutual Credit Union. It is open to all Members and the staff of both Houses to join that union. Part of the problem, as the noble Lord well knows, is that most credit unions are locally based and for other departments—such as the Home Office or DWP, with employees scattered all the way across the country—the cost of joining employees into a very large number of credit unions is rather complicated.

[Lord Deben (Con)]

My Lords, I wonder whether the Minister would accept that this Government are very much in favour of nudging. How much nudging is going on to get departments to take up this very big issue? The credit union movement is well worth supporting; it is supported on every side. I do not believe that it is helpful just to say that departments can make up their own minds. I hope that we can have some nudging.

[Lord Wallace of Saltaire]

My Lords, there is a lot of nudging going on but, as the noble Lord will know, there are employee-based contributions to credit unions and employer-provided contributions to credit unions. The Government are aware that it is not without cost to run an employer-based set of contributions, particularly, again, if you are trying to roll it out across the entire country, in which there are some 340 locally based credit unions.

Iran

Debate between Lord Deben and Lord Wallace of Saltaire

Monday 25th November 2013 Lords Chamber

[Lord Deben (Con)]

Will my noble friend continue to make the point that this is a real contribution by the European Union and by the noble Baroness, Lady Ashton? There has been a good deal of misstatement by the British press over these arrangements. This shows just what Europe can do, is doing and ought to do at a time when people sometimes try to suggest otherwise. Will the Minister say to the nay-sayers that to refuse to make this step would mean that there would be no steps? You have to make a first step. If you always say, “Well, it might go wrong”, nothing will ever go right. To hear some people, they are condemning us to a situation in which no one will ever try to do anything. That has to be the message to Mr Netanyahu and to the Saudis—that if they maintain their position, they are saying to the rest of the world that this will be an area of conflict for ever. That is not something that any of us should accept.

[Lord Wallace of Saltaire]

I thank the noble Lord for his comments and agree entirely with them. We recognise that diplomats spend an awful lot of their time working on negotiations that do not lead anywhere and trying to support compromises that are attacked on all sides. This is one happy example—we hope—of when diplomacy will have succeeded.

European Union Bill

Debate between Lord Deben and Lord Wallace of Saltaire

Tuesday 3rd May 2011 Lords Chamber

[Lord Deben]

Very simply, the EU does not have powers to insist that we improve the electricity transfer between countries, yet that will be an essential part of our future energy needs.

[Lord Wallace of Saltaire]

My Lords, Article 170 says:

“To help achieve the objectives referred to in Articles 26 and 174”,

et cetera,

“the Union shall contribute to the establishment and development of trans-European networks in the areas of transport, telecommunications and energy infrastructures”.

That seems to me very much to give the competences needed.

[Baroness Brinton]

I am grateful for that intervention from my noble friend Lord Wallace, which was much more informed than I could possibly have given.