To ask Her Majesty’s Government what advice they provide to British citizens intending to climb Mount Everest during the autumn and spring seasons to reduce the risk of loss of life; and what representations they have made to the government of Nepal (1) to reduce the number of permits available for climbers in those seasons, and (2) to introduce requirements that all climbers have the necessary skills and training to climb Mount Everest.
My Lords, official travel advice for travellers to Nepal, including for those intending to climb Everest, is available on GOV.UK. The Government offer consular support to British nationals who get into trouble in Nepal, including through wardens in popular trekking areas. The British embassy regularly discusses mountain safety with the Nepalese authorities. The embassy has been in contact with mountaineering experts about how to improve the situation, including through the practices of summiteers and tour operators.
My Lords, is my noble friend aware that, in the last five years, there have been 61 deaths on Everest, 11 of them in the spring of this year? In one day, on 23 May this year, there were 250 people trying to summit the mountain. The Nepalese Government have issued record numbers of permits this year—some 380—which will allow some 600 people to tackle the mountain. The result has been that many people have been placed in danger. Will my noble friend urge our ambassador to lobby the Nepalese Government to reduce the number of permits and to make it mandatory that people who go on the mountain, as either outfitters or climbers, are able to demonstrate proper experience and thus will not put other people’s lives at risk? The sums involved could easily be added to the very considerable sums that we provide through overseas aid to the Nepalese Government.
I thank my noble friend. I think that many people will be in sympathy with what he is saying. I reassure him that the British embassy in Kathmandu regularly discusses mountain safety with the Government of Nepal, ensuring that their policies promote safety for all involved. That was most recently done in June, when consular officials met the senior leadership of the department of tourism. My noble friend makes important points, and in fact the FCO travel advice website covers a number of them. But I hear what he is saying and I will certainly take that back.
I do not want to be drawn into a labyrinthine analysis of legal niceties. What I can see is that in general law of contract and of agreement between separate legal entities, it is possible to lay out a future pattern to which both parties agree. If one of these future patterns were that the UK should have a unilateral right to withdraw, that could be incorporated within a binding agreement, as I understand the position. I am not an international lawyer—Glasgow conveyancing was about as far about as it got—but that is my broad understanding of the general position.
My Lords, when the Government and the House of Commons voted for the Motion calling for the replacement of the backstop, what was the Government’s understanding of the meaning of “replace”?
As I have already indicated to the noble Lord, Lord Empey, the Government were very clear from the vote about what the House of Commons found worrying and troublesome about the backstop as currently structured. As I said in my Answer to him, there are three possible options to resolve that dilemma.
(6 years, 8 months ago)
Lords ChamberI suggest to the noble Baroness that it would save us all a great deal of time and effort in coming here if she simply read out all our speeches on our behalf, using this rather extraordinary procedure that she has embarked upon.
My Lords, the noble Baroness, Lady Kingsmill, wanted to participate earlier but had an inescapable engagement. She and her colleague, the noble Baroness, Lady McDonagh, spoke to me. I felt that, in all the circumstances, it would be in our interests because, as far as I am aware, we have not had a female contribution to this debate. It is appropriate that the noble Baroness, Lady McDonagh, be given the opportunity to express her views and, in these exceptional circumstances, to convey the views of her noble friend Lady Kingsmill.
Far be it for me to argue with my noble friend, but this is not a matter of gender, it is a matter of procedure of the House. If one is able to read out other people’s speeches without limit, it creates a most extraordinary precedent. I hope those in charge of our procedures will consider whether it is something that should be repeated.
(6 years, 8 months ago)
Lords ChamberAt this point, we are not entirely in control of matters regarding the future. I know that it is frustrating for many of your Lordships, but that is where we have to deal with the negotiations.
I am not an expert in any of these matters, but it is a bit of a puzzle. Why would we want to bring into our legislation regulations which everyone accepts are not fit for purpose, and not bring into effect immediately—
I am referring there to the old regulations. The new regulations would provide for a better regime and—this is the most important point, which I hope my noble friend will deal with—enable people to plan ahead for their clinical trials in the future. They need to know which regulatory regime will apply.
I thank my noble friend for his intervention. I was about to say that the existing UK legislation based on the current clinical trials directive will be corrected using the powers in this Bill so that that regime continues to function properly when the UK is no longer a member of the EU. This will mean that there is no interruption in UK clinical trials approval. Perhaps I may deal with the point raised by the noble Lord, Lord Kakkar.
The position is very clear. I am aware that the noble Baroness is something of a stranger to optimism, but it is very clear that we are able to leave the EU, we are able to leave the jurisdiction of the European Court of Justice and we are able to operate within the confines of our own legal systems—which are multiple in the United Kingdom and which, incidentally, enjoy a worldwide and global reputation, and quite rightly so. Of course we will look closely at the impact of ending CJEU jurisdiction, including working out what our future resolution mechanisms will look like—but it is quite wrong to suggest that there is no future outwith the European Court of Justice.
My Lords, does my noble friend not think it absurd that the Liberals are arguing that, in order for us to thrive economically, it is necessary for us to be subject to the jurisdiction of a foreign court? Is it not as absurd as trying to argue that in order to export things to the United States, the Supreme Court should have jurisdiction over the UK? Is it not high time that they got behind the Prime Minister in the interests of the country and stopped fighting battles they have already lost?
I thank my noble friend for a predictably helpful and constructive intervention. I suspect that the answer to all his questions is yes.
(7 years, 11 months ago)
Lords ChamberThe Government have many plans, and the full detail of these exciting proposals will become evident in due course. I am neither privy to what they are at the moment, nor can I disclose any further information. What I can tell the noble Baroness is that EU students are very important. She will be aware that they make up about 5% of the United Kingdom student population. We are very anxious to give reassurances and to try to ensure in the negotiations that we preserve that important component. However, the universities of the United Kingdom have a far-reaching global influence and that also has to be acknowledged and recognised.
My Lords, will my noble friend take this opportunity to condemn those who are indulging in scaremongering about Brexit? For example, could she point out that the Erasmus programme has more than 37 countries participating in it and that there are only 27 members of the European Union, apart from us? Is it not time that people started to be constructive and look towards making Britain’s future a successful one?
As ever, my noble friend makes a very pertinent point—in a characteristically pungent manner. The university sector in the United Kingdom is a world leader in research and academia, and continues to be home to the best universities in the world. That is certainly something that we should trumpet and of which we should be proud. I remind the House that, in giving evidence to the Education Select Committee, Universities UK said that,
“with the right support and investment from Government—both now and in the future—universities can thrive outside the European Union”.
(8 years, 11 months ago)
Lords ChamberMy Lords, I am delighted to take part in this important debate. For me, it is reaching the destination of a journey which started more than 16 years ago. I will explain further why my perspective on this Bill is slightly different from that of any other Member of this Chamber. I view it through the prism of having been a Member of the Scottish Parliament since 1999, a stalwart supporter of the union who fought with Better Together to reject independence, and a member of the Smith commission on which it was a great privilege to serve. It was a commission set up by the Prime Minister after the referendum to respond to a universal demand to broaden the powers of the Scottish Parliament.
This Bill is two things. It is a pragmatic response to a Scottish Parliament with power to spend money but with very little responsibility for raising it. It is also, very importantly, a political response to a manifest and tangible sentiment in Scotland which emerged during the referendum campaign from people who, although uneasy about independence, did not support the status quo and wanted a parliament with greater political responsibility.
To put this into some kind of context, when I was elected to the Scottish Parliament in 1999, I was not among those who thought it was the first stage of a journey to hell in a handcart. Nor did I share the views of those at the other end of the spectrum who, even then, flirted with full fiscal autonomy and greater spending flexibility. After several years of devolution, I recognised that the structure was flawed. The fault lines were prised open in 2007 when an SNP administration took office. Admittedly, it was constrained by being a minority administration, but that was a temporary abeyance. That period of political indigestion paved the way for the Calman commission to which some noble Lords have already referred. Its recommendations induced the Scotland Act 2012—a cautious, not extensive increase of powers.
In 2011, the election of the SNP to the Scottish Parliament with an overall majority introduced a completely new political dynamic in Scotland. Among other things, the SNP embarked on an almost daily, relentless gripe about the inadequacy of resources given to Scotland. It also possessed a clear mandate to hold a referendum on independence. However, something else was happening. There was a growing awareness among Scottish voters that things needed to change. For example, many were aware that, while welfare was interlinked with the devolved competencies of health, housing, local government, skills and training, welfare itself was reserved to Westminster. It was such inconsistencies that the SNP relentlessly exploited. There was a vacuum of any meaningful political responsibility in the Scottish Parliament, whereby the SNP could constantly criticise lack of resources and yet have responsibility for raising only a fraction of them.
Some have argued that the Bill before us was a panic reaction to a highly charged referendum debate. In fact, the deficiencies, frailties and inconsistencies of the devolution settlement were laid bare by the referendum debate. This Bill is a pragmatic response to that reality. At the heart of this is also an issue of political trust with the people of Scotland. Prior to the referendum, voters were demanding clarity from the individual political parties in Scotland—clarity about a commitment to extend the powers of the Scottish Parliament if Scotland voted no. That led to the collective undertaking by David Cameron, Ed Miliband and Nick Clegg—to which some noble Lords have already referred—to honour that commitment within a timescale. The first part of that commitment was the Smith commission, so ably chaired by the noble Lord, Lord Smith of Kelvin.
The Smith agreement is the genesis of this Bill, which has been passed by the House of Commons, was not opposed by the SNP and has received the approbation of Lord Smith himself. It is far-reaching and exciting legislation that delivers the Smith agreement. As a pragmatic and political response, it does what it says on the tin. In anticipation of these real political responsibilities, parties in Scotland are already drafting manifestos for the elections next May.
My noble friend served admirably on the Smith commission. Can she explain to us how the second no-detriment principle will work?
The noble Lion, my noble friend Lord Forsyth of Drumlean, may, with the passage of time, have lost a fang or two, but I have learnt that whenever the matter of devolution and the Scottish Parliament comes before him, his demeanour is more predatory than benign. I could not improve on the answer given to him by the noble Lord, Lord Smith of Kelvin.
Regarding the Economic Affairs Committee’s report advocating a delay in enacting the Bill, I have very real political concern because I have to look at all this through a political eye. Were such a delay to be a possibility, Nicola Sturgeon would be cracking open the champagne and thinking all her Christmases had come at once, because such a delay would write the script for her. I can hear the words tripping off her lips: “deception”, “betrayal”, “bad faith”, “broken trust” and “Westminster is a bunch of scheming ferrets”.
This Bill must be enacted. Were it not, the political breach of trust and the betrayal of commitments to Scottish voters would be unacceptable. However, the Economic Affairs Committee is absolutely right to identify that the fiscal framework consequential on the Bill is of huge importance. The Smith commission recognised that, as it did the need to retain the Barnett formula. As has been indicated, constructive discussions are ongoing between the two Governments about how the formula should be adjusted to reflect the changing circumstances consequential upon the Bill. That is not a reason for delaying the Bill; it is a reason for the intergovernmental discussions arriving at a stable and flexible solution that can withstand financial shocks.
The committee is right to identify these challenges, but the fiscal framework is a modus operandi for the two Governments to agree. As a member of the Smith commission, I was privileged to play a part in the genesis of the Bill; as a Member of the Scottish Parliament, I know Scotland needs this Bill; and as a proud Scot, I look to Westminster to deliver this Bill.