(3 years ago)
Lords ChamberMy Lords, as I said, we have done extensive community outreach. Since 2018, we have held approximately 200 engagement and outreach events across the country, including approximately 120 one-to-one surgeries to help people with their documentation for the Windrush scheme. We have held 80 public engagement events to raise awareness of the scheme. I will certainly take the stakeholder engagement point back to the Home Office, because it is a good point.
My Lords, I quite understand why it is necessary to be very sensitive and careful about handing out compensation money. After all, we have seen a very few awful cases of compensation claims when it came to Grenfell, for instance, which were simply criminal. However, I associate myself with every single sentiment which the noble Baroness, Lady Benjamin, has expressed. Windrush is an example of injustice, and at a time when there are wicked people trying to tear apart races in this country, putting one against the other, the solution to this Windrush scandal cannot come soon enough.
Well, I think I associated myself with pretty much every point that the noble Baroness, Lady Benjamin, made. As my noble friend said, the Windrush scandal is an injustice, and for decades no one did anything about it. We will do what we can as quickly as we can to ensure that people get the compensation that they deserve as soon as possible.
(3 years, 11 months ago)
Lords ChamberFacial images have to be manually removed from the database, whereas the DNA database allows for automatic deletion. That is the answer.
This is an embarrassment and, sadly, not the first. My noble friend must be as frustrated as anyone about this. Does this not suggest some impenetrable and deep-rooted shortcomings in the Home Office structures, as the noble Lord, Lord Reid of Cardowan, pointed out so forcefully 15 years ago? If, after all these years, with attention from all sides, we have still not been able to make the Home Office fit for purpose, do we not need to stop kidding ourselves that our Civil Service structure is a Rolls-Royce operation that just needs a fine tune? Without entering into a blame game, do we not need to ask the really difficult questions about why it keeps breaking down—and, in the interests of Ministers, civil servants and, not least of all, the public, do more to find an updated model that works?
My Lords, we need to get to the heart of what happened here, which was human error in the coding of a programme. As I said earlier, all the best IT in the world cannot prevent human error—it will happen. I am not in any way undermining the seriousness of what happened, but it was indeed human error.
(8 years, 5 months ago)
Lords ChamberI do not think there is an inconsistency. The important thing in this issue, which the Government have made clear, is that first and foremost we remain members of the European Union. The position of those citizens of the European Union who are residing in the UK does not change until such time as negotiations begin. I say that because it is important to have a factual reality check as to what the situation is. However, I would add that the position of European Union nationals here who have indefinite leave to remain, much akin to those from other parts of the world who have indefinite leave to remain, remains a vital part of the discussions we will have with our European Union partners. Prevailing within that is the importance of recognising that this is about providing stability and security to all citizens who chose to make the UK their home.
My Lords, I know my noble friend will be ashamed at the racist and ethnic bullying that has resulted from the referendum vote. Should we not also be ashamed that nobody in government seems to be able to reassure those victims in the way that they require? People who are already settled here, legally and responsibly, are our friends and neighbours and should not be used as bargaining chips in the Brexit negotiations. Will the Minister please make sure to remember that any Government who come back from Brexit negotiations with a result saying these people will have to be forcibly removed from this country would very soon be out of time and out of a majority?
My noble friend has made a valid point very well. Let me assure him that no Government moving forward in the unprecedented circumstances we find ourselves in would in any sense be looking at any citizen in the way that has been suggested by some. The important thing is to provide reassurances at this juncture because there is uncertainty and to ensure that to deal with the attacks we have seen up and down the country being perpetrated by those who are using this opportunity to divide us, we send a simple and straightforward message: those who incite hatred against any community or person for whatever reason will be dealt with using the force of the law.
Let me provide once again some comfort to my noble friend because this is an important point. As we move forward in what as I have said is an unprecedented situation, we must ensure that the rights, security and safety of all citizens who have made Britain their home are fully protected. They make Britain what it is and I am sure that they will be at the forefront of the mind of whoever emerges as the Prime Minister and the new Government of our great country as they lead on the negotiations.
(8 years, 10 months ago)
Lords ChamberAny responsible government will have the aim of ultimately reducing the deaths of cyclists to zero. Any cyclist’s death is one too many. The number of deaths currently stands at 113; the number of serious injuries, however, is far higher. The noble Lord makes an important point about the education of cyclists, and therefore—as I have already said—the Government support schemes such as Bikeability very strongly.
Does the Minister remember that a year ago I was in training for Walk4Jack, in support of my desperately injured neighbour Jack, who had tragically broken his neck in a rugby accident? I hope that he remembers it, because he gave me a nice cheque for it. Indeed, almost 200 Members of this House supported Walk4Jack. Is it an appropriate moment for me to inform the House that, partly because of the support available here, Jack is now putting the threads of his life back together: still tragically injured but going back to work? Does the Minister agree that this is a wonderful example of the benefits of walking—which include my loss of a stone and a half—and also of the depths of generosity of this House, for which I am grateful from the bottom of my heart?
(10 years, 1 month ago)
Lords ChamberI do not have the exact numbers today but we accept that they are small. However, the numbers for the general gateway resettlement programme are around 750 to 1,000. That is a pinprick. However, this Government have a proud record of being the second largest donor of bilateral aid to Syria, giving £700 million to try to tackle the problem at source so that Syrians do not have to travel.
Why does my noble friend believe that so many of these refugees decide to come to this country, rather than staying in Italy, France or Spain when they arrive in Europe?
I suppose the short answer is that you would have to ask them why that is. I am sure that there are a number of draws in this country; we all agree that it is a wonderful country. The problem is that those people who are seeking asylum have the responsibility to claim that asylum in the first country they reach, which in this case is often a Mediterranean country.
(10 years, 1 month ago)
Lords ChamberMy Lords, towards the end of her speech, the noble Baroness, Lady Meacher, referred to what was troubling me, which is whether we are talking about general encouragement—if I can put it that way—or encouragement to commit a specific offence. Like, I suspect, those in the conversations she had just before coming into the Chamber, I am puzzled by the presentation of the amendment as meaning general encouragement, because I do not read it that way either. With the wording, “to commit an offence”—a specific offence—I thought that the noble Baroness was getting to grips with what is meant by “promotion”, which was the bit that I found difficult to get my head around in terms of its application in the predecessor amendment. However, the noble Baroness told us that it is the reference to “the other or others”—in the plural—which changes that. Bluntly, I do not follow that. I hope that, when she winds up, the noble Baroness will be able to convince me. The offence of FGM might surely and not unusually be committed by more than one person in the case of a single girl. That was certainly how I read this. It is not about committing offences; I read the provision as being about a particular, specific victim.
Of course, I do not take issue with the noble Baroness about the cultural problems and so on. However, I hope that my noble friend will convince the House that this is covered by the Serious Crime Act 2007, with its Part 2 on encouraging or assisting crime. There are extensive provisions in that part. If that applies, then I would not be particularly keen on having a specific offence when it should be covered by the general provisions. It is better that the general should apply to all criminal offences and not have something separate which actually does not amount to anything different. It is the difference that I am looking for.
My Lords, I am filled with some trepidation and hope the House will indulge me. I have not involved myself in talking on this Bill before. I will do so now very briefly, with the leave of the House, because I think the issue is so important.
I congratulate the noble Baroness on the objective behind this amendment, but we already have a great deal of law in this area and we are to get a whole lot more once this legislation is passed. However, the law itself is not the answer to what I think the noble Baroness seeks to achieve, particularly with an amendment that, I fear, is all too vague. It refers to,
“encouraging or assisting with the promotion of the practice”.
Does that, for instance, include a tribal elder discussing cultural traditions or a parent discussing the family’s heritage and ethnic customs with a daughter? The noble Baroness talked about authentic and unauthentic version of religious tracts. These are very tricky, difficult areas. What precisely do those words mean? I fear that they do not precisely mean anything.
My Lords, I do not mean for a moment to embarrass the noble Lord, but I wonder whether he is speaking to the original Amendment 45 rather than Amendment 45A.
The new clause in Amendment 45A is headed:
“Offence of encouraging or assisting with the promotion of the practice of female genital mutilation”.
That wording is still there.
My Lords, I had gone straight to the text of it. Those words were in the text of the previous amendment and they have been changed. I am sorry if I have perhaps diverted the House in the wrong direction.
I think the original wording is still there and therefore has some relevance.
On the previous group of amendments, the noble Baroness, Lady Smith of Basildon, called very sensibly for clarity. The challenge in this matter is not just the law but the practice itself. The figures that the noble Baroness, Lady Meacher, quoted are appalling: 100,000 victims in the UK; and 25,000 under the age of 15 at risk every year, perhaps even more. These figures are horrendous, but they are meaningless without prosecutions —that is, police and prosecuting authorities taking action. That is what is lacking. We have listened to them and they hope for prosecutions, but there has not been a single prosecution for female genital mutilation.
I looked at the figures for West Midlands Police. This is one of the areas where you would expect them to take a great deal of interest, but in 2011 they investigated eight cases. In 2012, that went up to 25, and in 2013 it was 41. They are getting better but very slowly. That speaks to the fact that this is a very difficult area for prosecution authorities. The noble Lord, Lord Lester of Herne Hill, spoke to that.
Given the current law and without a single perpetrator having been brought to justice, my fear is that this amendment with its vagueness would be counterproductive and make life more difficult for the prosecution authorities. My fear is that more law, no matter how well intentioned, that is too loose to be effective in practice—the practice is important—will create only more problems in enforcement rather than bring justice to those many innocent children. I applaud the intention of this amendment, but I caution about its outcome.
(11 years, 11 months ago)
Lords ChamberMy Lords, as one of the four Members whose name is attached to the amendment, I am aware of the feelings that some have harboured about the appropriateness of tabling such an amendment and, in particular, of pressing it when, in the opinion of the clerks, it might be out of order. I am therefore glad to have the opportunity to outline why it was and remains my feeling that the amendment is essential.
Two distinct issues are at stake. The first is whether the amendment is in order. If it is, the second is whether it should be passed. If a majority of Members of this House were to have indicated that they did not believe that the amendment was in order, I would of course have accepted that willingly. Unfortunately, we are required to debate both issues together, which, frankly, is rather unsatisfactory.
If passing the Bill made it impossible for the Parliamentary Voting System and Constituencies Act 2011 to be workable as intended when it was enacted, it would surely not only be in order but a duty on us to table consequential amendments to the Act either to make it workable or for parts of it to be repealed. It would be most unfortunate if our perceived Standing Orders prevented us from addressing such an eventuality.
We surely cannot detach the content of the Bill from its consequences. If the implications of passing the Bill were to make the constituencies Act incapable of fulfilling its original objectives, we should flag up those dangers to give the other place an opportunity to overcome the difficulty. If that is the case, it must be in order for us to suggest ways in which those difficulties can be resolved.
Therefore, central to the question of whether the amendment is in order is the basic issue of the effect of the Bill, if passed in its present form, on that legislation. I contend that individual registration would have far-reaching implications for the application of the constituencies Act in practice and, in the extreme, could materially undermine its purpose.
When he introduced the Parliamentary Voting System and Constituencies Bill for its Second Reading on 6 September 2010, the Deputy Prime Minister, Mr Nick Clegg, stated categorically:
“New rules will demand that every constituency is within 5% of either side of a single size”.—[Official Report, Commons, 6/9/10; col. 37.]
He described that as a “strict requirement”. That strict requirement is reflected in the Act as finally passed. Schedule 2 states categorically:
“The electorate of any constituency shall be … no less than 95% of the United Kingdom electoral quota”.
Mr Clegg acknowledged in that Second Reading debate that our existing registers are woefully inaccurate and that the inaccuracies are not geographically evenly spread. He cited inner cities and coastal areas as having particular problems. He put that forward as a reason for,
“accelerating the shift to a system of individual, rather than household, registration”.—[Official Report, Commons, 6/9/10; col. 40.]
The extent of the inaccuracy has been estimated as representing 6.5 million eligible voters not on the current registers. The Electoral Commission itself accepted a year ago that as many as 6 million people could be excluded. The level of registration of students is particularly bad. In the Commons debate at Second Reading of this Bill, the register in one ward in Aberystwyth—both a seaside and a university town—was cited as having only 56% accuracy.
The Government’s remedy for that is that the last canvass under the existing system will be up to the spring of 2014 and that thereafter there will be a transition to the new, individual registration system. The register on which the 2015 election will be fought will therefore be a hybrid. It will consist in part of people who have been registered under the old system, which Mark Harper MP, the Minister introducing the Second Reading of this Bill, described as a “carryforward” provision. He anticipated they would make up two-thirds of the new register and that people who had been registered individually one-third.
It is my contention that a register composed in that way will inevitably contain distortions. Some socioeconomic groups within society will respond more positively than others to the invitation to register individually. It would hardly be surprising if illiterate or less educated people were slower in responding to the new system. Older people might well respond on their own behalf but younger members of their household—who previously had been entered by the head of the household—might not respond, particularly if they are away at university. There is every likelihood that introducing individual registration for one-third of the register will have a differential effect in geographic, age and socioeconomic terms.
When individual registration was introduced in Northern Ireland, it initially led to a reduction of 11% in the registration levels; this was subsequently retrieved and higher levels were achieved, but that took time. This could not conceivably be accomplished before the election in 2015, a matter of months after the new system has been introduced for one-third of the register. It allows totally inadequate time for registration officers to undertake the checks, including matching every elector on the register against the DWP’s customer information database. The additional costs of introducing this change will amount to £108 million, reflecting the complexity of the transition. It is my contention that an accurate and comprehensive transition just cannot be achieved by 2015.
In order to underline the complexity of the process proposed by the Government for 2014-15, I draw to the attention of the House the words of the Minister, Mark Harper MP, at Second Reading of this Bill on 23 May last year. He said:
“At the end of the canvass, the EROs will send personally addressed individual electoral registration application forms to individuals who appeared on the electoral register produced at the end of the old-style canvass, who have not been verified individually and whom electoral registration officers do not believe to have moved … That will be a robust process”.—[Official Report, Commons, 23/5/12; col. 1181.]
For “robust process” I would suggest the words, “Herculean task”.
The effect of all this will inevitably be that the registers on which the 2015 election would be fought would be substantially different from those on which the Boundary Commission undertook its equalisation process. It is totally inconceivable in practice that every constituency will be within 5% of the UK quota. On the proposed new basis there are no fewer than 63 constituencies in Britain which, as things stand, are between 4% and 5% below the UK quota. A proportion of these will inevitably pass the 5% lower tolerance figure, and such constituencies will be in default of the provisions of Schedule 2 to the 2010 Act. The effect of the electoral registration Bill, as it now stands, will be to frustrate the purpose of the Parliamentary Voting System and Constituencies Act 2011.
The British Academy forum discussed these changes and, in an article last year arising from that forum, Professor Ron Johnston and Professor Iain McLean commented:
“The introduction of IER is likely to have a considerable impact on how representative constituencies are, and therefore on the fairness of the British electoral system ... The potential impact of IER is greater than it might otherwise have been because of new rules for the definition of constituency boundaries laid down in the Parliamentary Voting System and Constituencies Act 2011”.
They go on to warn of,
“an under-representation of urban areas in the new electoral map”,
and that,
“changes arising from the interaction of the new rules for defining constituencies with the introduction of IER will contribute to a considerable alteration in the nature of British representative democracy”.
That is why we should think carefully about the changes that this Bill will introduce and why we should ensure, to the extent we can, that in rushing the combination of changes we do not trigger a third act—the act of unintended consequences. Incidentally, there will also be consequences for the devolved elections in Wales in 2016, and no doubt in Scotland, if it is still part of the union.
The logic of the situation as proposed in the amendment is that the elections on the new equalised constituencies should not be introduced until after the Boundary Commission’s submissions, due on 1 October 2018. That would allow for the purpose of the Bill—for individual registration to be introduced in a coherent, timely fashion. It would allow registration officers to do their work without the frenetic pressure that the current proposals imply, and would produce a comprehensive register on a unified basis, not the hybrid register now being proposed.
The House of Commons needs to think again on this most fundamental matter, central to the working of democracy. Passing this amendment would give it an opportunity to revise the proposals in a coherent manner, and I urge noble Lords to support the amendment in the Lobby.
My Lords, as the noble Lord, Lord Rennard, has said, this matter involves many different aspects, some of high principle, some of good practice and some of base politics. It should be about fair voting, of course. “One voter, one equal vote” is a formula so simple and so powerful that it has underpinned every democratic system that has ever been. That is why I believe in it, and others do too; many people have welcomed that concept.
Somewhere along the line, though, something seems to have changed, and a fundamental principle has somehow been sacrificed during the summer rains. Our Liberal Democrat friends have been wholeheartedly in favour of fair voting. I excuse noble Lords on the Labour Benches of that, of course; there was a time when their forefathers and foremothers stood shoulder to shoulder at Peterloo and marched with the Chartists through the streets of our cities—but then, as Mr Blair kept insisting, the Labour Party is not what it used to be. I wonder whether noble Lords can remember what the Chartists’ demands were. They were universal suffrage—
Yes, annual suffrage, a secret ballot and, goodness me, equal constituencies. I would have been proud to have been a Chartist, as I am proud to be a Conservative. I know that this party seems a little fuddy-duddy at times, but this was after all the first and only party to elect a Jew as Prime Minister and the first and only party to elect a woman as Prime Minister, and I very much hope that we will be the first party to elect a black or an Asian as Prime Minister.
As was said earlier in the debate, the principle lies behind so much of what we promised and what has been done. Today it is not about the Conservative Party or the Labour Party—essentially, this debate is testing the principles of the Liberal Democrats. Last week at Question Time, my noble friend Lord McNally stood at that Dispatch Box and rounded on the noble Lord, Lord Bach.
That is a very interesting question.
Noble Lords will remember that it was to do with the legal aid order, and I am sure that they will remember his words. He said that although the noble Lord, Lord Bach, kept alleging that a commitment had been made, “It was not made”. That is a direct quote. I found that pretty stirring stuff. It certainly stirred me; I went in search of the evidence to back up the claim that constituency boundaries are linked to Lords reform. We have heard so much about that and, after all, that is the reason why we are here today. I went first, and naively, to the words of the Deputy Prime Minister. I am sorry; is my noble friend trying to intervene?
Yes. A section of David Laws’s book is relevant to what my noble friend has just said. In the negotiations that he attended, he reports,
“‘So what I am suggesting is this,’ said Danny”—
that is, Danny Alexander, who is now a Minister.
“‘We will support your proposals on redrawing the constituency boundaries to make voting fairer. But in return, we want your support for a referendum on a reformed first-past-the-post system’”.
It is very clear what the deal was.
I am grateful to my noble friend for that intervention. There are so many quotes that one could bring to bear. Let me offer the House another one:
“votes should have an equal value, an equal weight, whether you are in the farthest reaches of rural Cornwall or in the inner cities, and whether you are in England, Wales, Northern Ireland or Scotland”.—[Official Report, 15/11/2010; col. 592.]
I hope the noble Lord, Lord Tyler, does not mind me quoting his words; they are very fine words and I agree with him entirely.
There is another one; I wonder whether noble Lords can guess who said this:
“It is barmy to have general elections on the basis of boundary reviews that, by the time they come to be tested, are nine years out of date”.—[Official Report, 16/11/2010; col. 764.]
I suspect that the earthiness of that approach gives the game away. I am sad that the noble Lord, Lord McNally, is not in his place to stand up and take a bow for it.
Let me go to the words of the Deputy Prime Minister, because he has talked endlessly on the matter, talking about the package of coalition reforms and the crucial linkage between Lords reform and boundaries. Speaking about the coalition’s commitment to Lords reform, he said it was,
“a commitment to deliver legislation, and indeed elections, come 2015”.—[Official Report, Commons, 3/9/2012; col. 38.]
It may seem petty of me, but if you go back to the coalition agreement and bother to read what it says on the tin, you will find that no such commitment ever existed. The agreement talked about many things—about setting up a committee and bringing forward proposals—but unlike many other parts of the coalition agreement, there was absolutely no commitment to legislation. There was no mention of whipping the vote and not a whisper of a date like 2015. I have the coalition agreement here. It is very clear about what it says and what it does not say—unless any of my noble friends on the Liberal Democrat Benches want to draw my attention to any other part of the coalition agreement which says otherwise. No, I did not think so.
However, the agreement does talk about legislation, and I am going to be petty and quote the wretched thing again. It talks about legislation—wait for it—
“for the creation of fewer and more equal sized constituencies”.
It is illuminating stuff—this little booklet—when you read it. There was the linkage, a very direct linkage, but not with Lords reform. The linkage was with the referendum Bill. It was in the same sentence; there was not even a full stop between those commitments, which is why I and my colleagues held our noses and eventually helped pass that referendum Bill. I personally crawled through that Lobby to support it. So where now is the other side of the deal?
Nevertheless, the Deputy Prime Minister keeps going on, and on, and on, about some linkage with Lords reform. Where did that linkage come from? In my search for enlightenment, I decided to put down a Written Question, in which I asked the Government,
“whether they envisage a direct link between proposals for reform of the House of Lords and proposals for the revision of constituency boundaries”.
I thought that was sure to clarify things, particularly as the Answer came from my noble friend Lord McNally. His signature was on it. I always enjoy getting notes from my noble friend Lord McNally; they are unfailingly kind and helpful, and this was no exception. This is what it said:
“These are different elements of the Government’s constitutional and political reform agenda and there is no formal link between them”.—[Official Report, 21/3/2012; cols. WA 167-68]
I may be too dull to understand what that means because it seems to me that the Answer is that there is no formal link. If my noble friend were here, I would thank him for his characteristic honesty. So I think we have reached the truth of this matter: there is no linkage and there never was. It is a distraction, an excuse, an alibi and an invention. The truth is that this is solely, sadly and cynically because the Deputy Prime Minister did not get his way on Lords reform. Now he wants to exact a little retribution. It is nothing less than a great political sulk.
Those on the Benches beside me are my noble friends. Of course they are; many of them are dear personal friends. They are men and women of principle, but right now you would need the telescope at Jodrell Bank to discover where those principles are hiding. I do not blame them. This one came from the top, but the Deputy Prime Minister has form. He tried to fix the voting system to his own advantage with the referendum, and he failed. He tried to fix the House of Lords, and he failed at that, too. Now, once again in pursuit of his own advantage, he is trying to fix the next election. I have to say that if he were a plumber, I would never let him anywhere near my bathroom.
The issue before us underpins all our freedoms: one voter, one vote, one equal vote. It does not get simpler than that. That is all we are asking for. The Liberal Democrats were asking for that too until ambition and their leader’s manipulation got in the way. A lot can be said about his manoeuvre. Perhaps we might use the language that he used about this House, the House of Lords. It was so unnecessary. We could say that his manipulation is cynical, illegitimate, disgraceful and, to use his own words, “an affront to democracy”.
This should not be about partisan advantage: we should be concerned about creating a level playing field for the voters. That is what fair votes are all about. That is what I hoped Liberal Democrats believed in. We fight for what we believe in with a passion but when in politics we come to fight for what we do not believe in, we hold ourselves hostage. This is not the coalition’s finest hour. I hope that it gets better than this.
I should warn my noble friends that when they go into the Lobby this afternoon, into what will become that hall of shame, they had better not do so with their heads held high. There is a better chance that they will be recognised as Liberal Democrats. That fact will be taken down, and at the next election it will be used as evidence against them in every constituency in this country.
My Lords, as I have been mentioned in earlier exchanges, perhaps I might have a word, which will be very brief because I commented at length on this matter in mid-November. Not wishing to be tedious or repetitious, I shall make only a couple of points. If there was any success in the Speakership of the Commons during my period of office, much of it was due to the advice and support that I received from the clerks. I have to admit that there were a couple of occasions when I overruled that advice, one of which was against convention. But I did so because I thought that it was right to provide an opportunity for debate on a contentious issue which was of public interest and of concern. The roof did not fall in.
We have no such arbitrator with authority to make a decision in your Lordships’ House but we are often reminded that we are a self-regulating House. While, of course, we must examine the advice of the Public Bill Office and the clerk, there can be no authority that can in advance rule an amendment out of order. The bottom line is that the admissibility or otherwise of an amendment ultimately can be determined only by the House itself. When I spoke last year, I suggested that the Government allow this House to determine the issue for itself and I am delighted that we have the opportunity of so doing today.