(4 years, 4 months ago)
Lords ChamberMy Lords. I will comment briefly on government Amendments 209, 261, 262 and 268, which I welcome. These amendments cover the areas of outstanding concern to the Welsh Government. They acknowledge their devolved competence and were included at their request.
Amendment 209 deals with an issue that I raised at Second Reading: how the new body created to oversee the identification and traceability of animals would operate in an area of devolved responsibility, particularly if that body was seen to be an English board. That the new body would need to seek the approval of Welsh and other devolved Ministers or institutions is now certainly welcomed.
Amendments 261 and 262 ensure that the consent of the Ministers of the devolved Administrations must be obtained before making cross-border regulations in relation to organic products. I am pleased that the responsibility of the devolved Administrations has again been recognised.
Amendment 268 covers an issue that, again, I raised at Second Reading. By the removal of the powers of the Secretary of State to make regulations in the area of the WTO’s Agreement on Agriculture, this amendment ensures that the rights and responsibilities for implementing international agreements remain with the devolved Administrations.
I welcome all these amendments, as they conclude the process by which the Welsh Government have asserted their competence in these areas. However, I express some disappointment in the fact that there was a need for this process at all. Earlier in this debate, the noble Baroness, Lady Finlay of Llandaff, in her powerful and comprehensive speech on these amendments, described the Government as seeking, in effect,
“to strong-arm the devolved Governments into giving up elements of their executive competence”.—[Official Report, 21/7/20; cols. 2193-94.]
I agree with her sentiments and am pleased that that has been avoided by the Government tabling these amendments, and that the competence of the devolved Governments will now be reflected in the Bill.
My Lords, in this group of amendments I will speak to Amendment 209. I refer to the contribution of the noble Baroness, Lady Ritchie of Downpatrick, during our debate on Tuesday.
In this debate so far, I have been impressed by the frequent references that the Minister has made to the need to view the Bill in relation to the devolved nations. On Tuesday, the noble Lord, Lord Wigley, spoke powerfully on the importance of that relationship from a Welsh point of view and this afternoon the noble Lord, Lord Alderdice, has reminded us of the connection with the problems in Northern Ireland.
So far as that relationship is concerned, the noble Baroness, Lady Ritchie, reminded the House of the difficulties presented by the period during which the Northern Ireland Assembly and Executive did not function. Amendment 209 is influenced by the problems of that period but now, thankfully, the Northern Ireland Assembly and Executive are operating fully. However, the importance of the relationship between central government and the devolved Administrations in areas such as agriculture cannot be overemphasised in this debate. This amendment is an attempt to build on that sensitivity so far as one devolved nation is concerned, but it has implications for the others so far as the whole Bill is concerned and cannot be isolated to one devolved nation alone.
As the United Kingdom prepares to leave the EU, none of us can have a complete picture of the problems which will emerge for the farming community throughout the UK. Amendment 209 recognises this reality. For Northern Ireland farmers, the uncertainties of their geographical situation are well documented, with a land border about to become the border between the United Kingdom and the EU. As the noble Lord, Lord Alderdice, reminded the House, this is vital to farming communities in Northern Ireland. In addition, there continues to be confusion around the issue of what is normally referred to as a border in the Irish Sea. The implications of that confusion for transporting agricultural produce within the United Kingdom cannot be overstated for Northern Ireland farmers—hence their concerns about the future.
I support Amendment 209, for I am well aware of the importance to the Northern Ireland economy of our farming community, but I am equally aware of the contribution of the devolved settlement to the strength of the United Kingdom as a whole. That is why I welcome the Minister’s references to the importance of the relationship between central government and the devolved Administrations, so far as agriculture is concerned. It is surely essential that these reflections are clearly stated in the Bill.
(9 years ago)
Lords ChamberMy Lords, I support the noble Baroness, Lady Hamwee. Listening to her speech a few minutes ago I was reminded of the first occasion on which I sat on a committee of this House with her. I was struck immediately not just by how she mastered facts and figures but by her compassionate heart, and tonight we have seen these two features in her presentation. For that, I thank her.
I come from a part of the United Kingdom which has reached out to asylum seekers to an extent out of all proportion to its size. Its record deserves scrutiny left, right and centre. Despite all our difficulties over the years—I need not reiterate them to this House—the compassion that our people have shown to asylum seekers is first class. Unfortunately, what we are debating tonight—particularly in relation to the Motion tabled by the noble Baroness, Lady Hamwee—is the adequacy or otherwise of what we are left with to put that compassion into reality.
One of the problems that we have seen locally in Northern Ireland is that what we are allowed to spend on support for families in this terrible condition is inadequate for children, particularly younger children. If noble Lords will forgive me for being specific, I will long remember a priest telling me that he was still haunted by the words of a mother of a disabled child who had become an asylum seeker, and was accepted into our local society. She looked at what she had to spend for the upkeep of the rudiments—not luxuries—for a week and asked: “Is this really the promised land?”. Where is our conscience? Where is our reality?
We have heard technical points in this debate and objections to the way in which Her Majesty’s Government have effected this current situation, and we could argue all night over the rights and wrongs. The noble Lord, Lord Rosser, has reminded us that there is a doubt in his mind about the legality, so to speak, of the words of the Motion tabled by the noble Baroness, Lady Hamwee. I am not concerned about that but about the common denominator of both these Motions which is that behind facts and figures are human beings: men, women and children, and the children are absolutely vulnerable. A recent medical report spoke of the value of providing reasonable nutrition for children, but what is offered to them by society and local authorities is totally inadequate to meet that basic level of nutrition.
I am also reminded—this is the point that I would urge the House to remember about both Motions—that one of the practical consequences of the inadequacy of what we are able to give to these families is that they will turn to other sources of support. They will turn to charities, charitable organisations and churches. I speak from more than 40 years of experience of that sector. The problem I foresee, while listening to the emotion of this debate, is that there will be a limit to how far charities can meet the demands that they are faced with. For local authorities, charities, churches and well-meaning individuals there is a limit. Society will then have to turn back and ask, “What has brought us to this point where the line has been drawn in the sand and these sources can no longer meet the demand?”. When that time comes, I respectfully suggest to your Lordships’ House that it will not be parliamentary niceties that will concern us as a nation: it will be the crying need of a generation of refugees and asylum seekers—knowing the distinction between the two, of course. That generation will judge us, and it will judge that we have failed it.
My Lords, I will make a very brief contribution to this debate and concentrate on aspects of the report of the Secondary Legislation Scrutiny Committee regarding these regulations. My noble friend Lady Hamwee and the noble Lords, Lord Rosser and Lord Alton, have already covered most of the points that I wanted to make, and I hope that the noble and right reverend Lord, Lord Eames, will forgive me for being slightly emotionless in what I am about to say and concentrating on what the committee thought.
The committee had concerns with the original set of regulations that came before us. When the Government introduced this new set of regulations in July, we were surprised that there was no reference to our original concerns. Even in the new Explanatory Memorandum, to which the noble Lord, Lord Rosser, has already referred, we were presented with no cost-benefit analysis. I would be grateful if the Minister could give us some information about whether a cost-benefit analysis has been made. There was no indication of the number of households affected by the changes and, again, I would be grateful for the Minister’s comments on those. There was no indication of the sum expected to be saved, and I would like the Minister’s comments on that. There was also no real definition of the term “essential living needs”, although we all know that the sum has been based on them.
I want to press the Minister on the term “essential living needs”. Reference was made to it in the original regulations, which were subject to judicial review in 2014, and the courts adversely commented on the items overlooked by the Government. Some noble Lords have already referred to theme, but I make no apology for repeating them. Our report stated:
“Among other things, the court identified particular categories of essential living costs that had been overlooked by the Government when setting the rates of support: for example, nappies, baby clothes and other baby products, non-prescription medication, washing powder and cleaning products”.
It was not until we received the letter that the Government had written to NASF members that we had some idea of the methodology that was to be used.
The one figure that stands out for me as a grandmother in the methodology that the Government are using is the expenditure budgeted for clothing and footwear, which is £2.51 per week. I would love to be able to tell my children that clothing and footwear for their children could cost just £2.51 per week. That is just one point that I wanted to make.
I would be grateful if the Minister could give the House a definitive definition of essential living needs, on which these regulations are based. How confident is he that this definition will not be subject to another judicial review?