Postal Packets (Miscellaneous Amendments) Regulations 2023

Debate between Lord Duncan of Springbank and Lord Berkeley

Wednesday 19th July 2023 Grand Committee

[Lord Berkeley (Lab)]

My Lords, I rise to speak briefly about another milestone in what I see as the postal service’s disaster this week. I listened very carefully to what noble Lords said about the parcel service, or lack of, between Britain and Northern Ireland, but the other disaster is what many people call the most widespread injustice in British legal history, which is the Horizon IT inquiry. Will we have post offices at all in the future and will they operate properly? It is a very serious issue. The chair of the inquiry, Sir Wyn Williams, published his first interim report on 17 July, which is well documented in the Guardian today. I will give a few highlights of this long-running matter, which has been going on for 20 to 30 years. There are comments that Post Office staff were grouping the suspected postmasters, most of whom have been demonstrated to be innocent, by the colour of their skin. I find it quite extraordinary that this can happen in this century—this was in 2011.

[The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)]

My Lords, the Division Bell is ringing, so let us suspend proceedings for eight minutes. Scamper off, rush back, and we will carry on.

Post Office: Prosecution Powers

Debate between Lord Duncan of Springbank and Lord Berkeley

Tuesday 4th February 2020 Lords Chamber

[Lord Duncan of Springbank]

The simple answer to that question is: not enough. The reality is that perhaps only a fraction of the money which has been won in this court case—around £12 million of the £60 million—will end up in the pockets of the sub-postmasters. That is a shocking realisation but it is, unfortunately, the answer to the noble Lord’s question.

[Lord Berkeley (Lab)]

My Lords, what action are the Government going to take against the people who were running the Post Office when all this was going on? Have they just been moved to another job and got promotion, or will some action be taken against them? As other noble Lords have said, people have died, committed suicide and lost their businesses.

[Lord Duncan of Springbank]

There is a new chief executive and a new regime is in place. I cannot comment on the individuals who were in positions of power during that time because I simply do not have the answer. I recognise the anger the noble Lord brings to his question, and that it is shared by the House today.

Net Zero Carbon Emissions

Debate between Lord Duncan of Springbank and Lord Berkeley

Tuesday 29th October 2019 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what plans they have to give new duties to regulators to promote the achievement of net zero carbon emissions by 2050, as recommended in the National Infrastructure Commission Report Strategic Investment and Public Confidence, published on 11 October.

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy and Northern Ireland Office (Lord Duncan of Springbank) (Con)]

My Lords, the Government welcome the review by the National Infrastructure Commission. There are existing powers and duties in place for regulators in relation to decarbonisation. As we transition to net zero, regulators will need to continue to play their part in delivering this important goal. We are considering the commission’s report carefully and will look at what additional guidance may be necessary to support our regulators in helping the UK to meet this vital commitment.

[Lord Berkeley (Lab)]

I am grateful to the Minister for his response, because it is good to know that the Government are looking at this seriously. Does he agree that the three regulators that have been reviewed—Ofgem, Ofcom and Ofwat—have the opportunity to make an enormous difference to reducing our carbon emissions by 2050? Can he explain whether the same duties will be imposed on the Office of Rail Regulation, and on his department in respect of road transport and other transports, because they all have a big role to play?

[Lord Duncan of Springbank]

The noble Lord raises an important question. All must do their part and, wherever my department is responsible, it will ensure that there is serious communication between the individual agencies, all anchored to the 2050 net zero commitment.

Scotland: Transport Policing

Debate between Lord Duncan of Springbank and Lord Berkeley

Tuesday 18th December 2018 Lords Chamber

[Lord Duncan of Springbank]

The noble Baroness is absolutely right. The expertise within British Transport Police is specific to transport issues and related concerns. It cannot easily be accommodated into general policing.

[Lord Berkeley (Lab)]

My Lords, I congratulate the Minister and other speakers on the progress that has been made, but will the noble Lord tell the House whether the pensions rights and obligations of the existing BTP staff will be protected in whatever shape or form the end result occurs?

[Lord Duncan of Springbank]

That is a vital question and the answer is yes, they will be fully protected.

Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017

Debate between Lord Duncan of Springbank and Lord Berkeley

Wednesday 10th January 2018 Lords Chamber

[Lord Duncan of Springbank]

Again, the noble Lord, Lord Foulkes, has anticipated what I will say shortly. Perhaps noble Lords will allow me to make some progress on the broader position.

I emphasise again that whatever reservations noble Lords may have about this approach, we must recognise and respect the agenda of the Scottish Parliament. That is part of the ongoing Smith agreement. However, let me turn to the matter that has most exercised the noble Lords here today—

[Lord Berkeley]

My Lords—

[Lord Duncan of Springbank]

Perhaps the noble Lord will allow me to make some progress. I may have time to give way to him later.

[Lord Berkeley]

I want to ask the Minister about what he has just said before he moves on to the next point. He mentioned that under Article 6(b) the British Transport Police will be able to go north of the border. But will he respond to my question? Will Scottish police be allowed to go south of the border or will they be seen as foreigners and so not allowed in?

[Lord Duncan of Springbank]

The noble Lord has again pre-empted what I am about to say. To be very clear, the purpose of the order is to ensure that criminals can be pursued in either direction. It seeks to equalise the ability of the transport police to function in both jurisdictions, and it delivers that.

I come back to the remarks made by the noble and learned Lord, Lord Wallace of Tankerness. The functions of the British Transport Police in Scotland will be a devolved matter. However, in the previous debate, the noble and learned Lord went on to say that that is slightly different from saying that British Transport Police itself will be devolved. It is, therefore, a matter of some interpretation. We have heard a number of points thus far from noble Lords on why that interpretation does not meet the test of good policing within the wider infrastructure of the United Kingdom.

Recent press reports of morale in the Scottish division of the British Transport Police show that up to two-thirds of officers are unsure whether they will transfer to Police Scotland following the merger, and only one-third of officers have declared that they definitely intend to do so. That should give pause for thought and concern. It is also worth stressing that, importantly, British Transport Police has, throughout its history, been a success. Since 2005, it has reduced crime on Scotland’s rail network by 56%, an achievement that compares favourably with an overall reduction of crime in Scotland of 38%. That is no mean feat and certainly worthy of praise. We should recognise that here.

The ultimate test of the merger under discussion is whether it makes the policing of Scotland’s railways better. As a former Member of the European Parliament, I recall how important it was that, before substantive changes were made to legislation, serious impact assessments were undertaken to ensure that the outcome would be delivered by the means chosen. That important element is missing from some of the discussions being put forward. I say that as a member of the travelling public and in recognition of the concerns that have been expressed by a number of the agencies and bodies cited this evening.

Before I conclude, I will touch on some of the substantive points made. I begin with the confusion that may have arisen around what will happen next. We need to put at the fore of our minds that this involves police officers who have delivered for the betterment of our country. The merger is not due to any failing of theirs and at no point should it be recognised as such. Nor is it a failing of British Transport Police in any element of its operation.

Some of the issues raised tonight need to be dealt with in great detail, but I will touch on what the noble Lord, Lord Clark of Windermere, said. He talked about the inclusion of the Civil Nuclear Constabulary and the Ministry of Defence Police. It is important to stress that the Smith commission did not at any point intend to devolve these aspects. Therefore, although they are touched on in the order, at no point will these functions be onward devolved to the Police Scotland operation. That is particularly important.

To make this move work, a joint programme board has been created. That board is particularly focused upon where the points of friction rest and how they can be addressed going forward. I will come back to its role in delivering the outcomes that noble Lords here today would like to see.

The noble Baroness, Lady Liddell, touched upon one of the most fundamental questions—terrorism—and how we can assure there is no diminution in our preparedness, our scope, our ability to operate and our attention to the issues before us. There are pre-existing protocols between Police Scotland and the various agencies and constabularies south of the border. These will continue to deliver against that outcome. It is important, however, that they are tested to make sure that they are fit for purpose in that regard.

This is not only about Scotland—it is important to stress that. The British Transport Police covers the whole of our country, not only one part of it. Further, we have to recognise that the threats to our country are not specific to one nation or region but, rather, in many instances are a threat to us all. We must recognise, therefore, that there will be responsible agencies which will take these matters forward.

Let me touch on where we can make serious progress. To address the challenges of the onward devolution of the policing of the railways in Scotland, the two Governments have established a joint programme board. The board is currently working to achieve an orderly transfer and to provide affected officers and staff with clarity at the earliest opportunity. The board has sought to address the findings of the recent report on devolution conducted by Her Majesty’s Inspectorate of Constabulary in Scotland, which has been cited by a number of noble Lords today. Its principal purpose is to ensure that each of those issues is addressed head on.

Therefore, minded as I am of the remarks of the noble Lord, Lord Foulkes, and other noble Lords, following this debate I will secure a meeting with the UK Government co-chair of the joint programme board. At that meeting I will take the salient points from this debate and put them before it. I will ask the board to produce a report, which I anticipate will form the basis of a formal discussion between the Government of the United Kingdom and the Government of Scotland. Thereafter I will write to the noble Lord with the result of that discussion and place a copy of that in the House. The next meeting takes place on 30 January 2018.

I stress again that there are two further Scotland Act orders pertaining to the British Transport Police. I will report back before these orders are laid.