Northern Ireland Protocol

Lord Foulkes of Cumnock Excerpts

Thursday 21st May 2020 Lords Chamber

[Lord True]

My Lords, as my noble friend said, we will engage with businesses and traders about the requirements of the protocol. That will certainly be a priority in the coming weeks. She makes a very interesting and practical suggestion and is right that this will need to take account of how those traders move their goods in practice today, so that we ensure the system is as streamlined and efficient as we are clear that it must be. I certainly take note of her point.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I will return to the point about the Belfast office raised by the noble Lord, Lord Bruce of Bennachie, and my fellow supporter of the union, the noble Lord, Lord Caine. Does the Minister not recall that in February last year the British Government told the European Union that they wanted the EU to have an office in Belfast, in part to contribute to the implementation of this protocol? That was then reneged on by Michael Gove. On a day when the Prime Minister has made a spectacular U-turn on fees for NHS staff from overseas, will the Minister—who we know is a man of influence—take the courage in his hands and do a U-turn on the Belfast office? If he does, he will be really popular with many people throughout Northern Ireland.

Beyond Brexit (European Union Committee Report)

Lord Foulkes of Cumnock Excerpts

Tuesday 12th May 2020 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, given the time limit, I will deal with just one issue in the report: the role of the devolved nations in the transition process.

It was about two decades ago, when I was Minister of State for Scotland, that I used to meet frequently with Scottish Ministers, on issues such as free personal care and the Barnett formula. We did not always agree, of course—as my noble friend Lord McConnell will no doubt confirm—but we had discussions, on a day-to-day, week-to-week basis. Where are the Secretary of State for Scotland, Alister Jack, and his deputy, Douglas Ross, now? Why are they not discussing this? Of course the UK relationship with the EU is central, but there needs to be an acknowledgement that the devolved nations are also impacted and should be involved in discussions regularly. As we have seen, their lack of involvement in the coronavirus pandemic has resulted in confusion over the messages, whether it is “Stay at Home” or “Stay Alert”, and, even more importantly, around the practical measures being implemented in all the four countries.

As the UK takes the lead on UK-EU relations, will the Minister today spell out exactly how, in practical terms, the Scotland, Wales and Northern Ireland Governments will be involved? A continuation of the sporadic arm’s-length involvement will result in confusion, delay and bitterness. If the Minister agrees with me, as I think he does, that we favour the continuation of our United Kingdom, he and this Government are certainly going the wrong way about it.

EU: Negotiations

Lord Foulkes of Cumnock Excerpts

Tuesday 17th March 2020 Lords Chamber

[Lord True]

The noble Lord makes a very interesting point. Of course, it does not in any way resile from the views of those countries about their membership of the European Union. It is not for us to comment on the policy of other countries, but he is certainly right that different approaches are being made by different countries. Each one will adopt policies, as we are, in the interests of securing the livelihoods and lives of its citizens.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, since I doubt that the Minister will agree with anything I say about the European Union, can I try to find some consensus with him? Will he agree with me that one of the very few positive things to come out of this awful coronavirus epidemic is the fact that a second Scottish independence referendum is off the agenda for the foreseeable future?

[Lord True]

I would not share the opinion of the noble Lord.

[Noble Lords]

Oh!

[Lord Foulkes of Cumnock]

Can I try again?

[Lord True]

Did I mishear?

Statistics: Accuracy

Lord Foulkes of Cumnock Excerpts

Monday 1st July 2019 Lords Chamber

Asked by

[Lord Foulkes of Cumnock]

To ask Her Majesty’s Government what procedures they follow to ensure the accuracy of any statistics used by ministers in parliamentary proceedings.

[Lord Young of Cookham (Con)]

My Lords, the independent UK Statistics Authority’s Code of Practice for Statistics details the practices to which departments must commit when producing and releasing official statistics and of which Ministers must be mindful under the Ministerial Code. Upholding the code of practice in each department is the responsibility of that department’s head of profession for statistics, who is professionally accountable to the National Statistician. This will be reflected in the arrangements of individual departments for ensuring that parliamentary statements are accurate.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, we know that the Government are worried when this Minister is put up to answer the Question. Is he aware that: on 10 January, the noble Baroness, Lady Buscombe, misled the House on benefit statistics; on 1 April, the noble Lord, Lord Bourne, did the same on rough sleepers; and, on 4 April, the noble Lord, Lord Henley, gave false statistics on fuel poverty? For these breaches, should not these Minister be referred to paragraph 8.15 of the Ministerial Code, to which the Minister referred, for breaking the UK Statistics Authority’s code of practice? This House is fed up with being given false statistics by government Ministers to cover up the misery caused by their austerity.

[Lord Young of Cookham]

If the noble Lord looks at the website of the UK Statistics Authority, he will see when Sir David has intervened since August 2017. Counting the interventions when he has written directly to a parliamentarian, raising issues with their presentation of statistics, four are Conservatives and five are Labour. However—to avoid accusations of misuse of statistics—if one then looks at the indirectly critical letters, where Sir David has written to a third party, agreeing with them and copying the letter to the parliamentarian, my party is the worst offender.

Breathing Space Scheme: Consultation Response

Lord Foulkes of Cumnock Excerpts

Wednesday 19th June 2019 Lords Chamber

[Lord Young of Cookham]

I am not sure whether the noble Lord followed the exchanges in the other place, but an honourable Member raised the question of guarantor loans. I think I am right in saying that the Economic Secretary to the Treasury said that he had recently met the FCA about guarantor loans, so perhaps I could write to the noble Lord about the outcome of that exchange.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, does the Minister accept that the picture he has painted of millions of people in debt and in poverty is at odds with the rosy picture that the noble Baroness, Lady Buscombe, tried to paint at Question Time earlier today? Could he have a word with his noble friend and explain to her that United Nations rapporteurs have no incentive to tell other than the truth? That is what they are there for. When that Minister comes here, it is to answer questions from the right reverend Prelates and Cross-Benchers, as well as from Members from political parties. It would do her and the House a great deal of service if she would make some attempt to answer them fairly and honestly.

[Lord Young of Cookham]

I am reluctant to rise to the bait that the noble Lord dangles in front of me. My noble friend made a robust defence of government policy.

Referendums

Lord Foulkes of Cumnock Excerpts

Thursday 13th June 2019 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I agree with the noble Lords, Lord Cormack and Lord Soley. In my view, referenda are incompatible with our parliamentary democracy. I have always been against them. As other noble Lords have said, we have always associated referenda with Switzerland, which has an entirely different constitution from ours. The Swiss are the experts on them.

In 2018, the Swiss held 10 national referendums on a range of issues, including financial regulation and agricultural policy, so they are the real experts. In April, however, the Swiss supreme court took a historic step, overturning a nationwide referendum result and ordering a re-run, for the first time ever, on the basis that the information given to voters was insufficient. The court concluded:

“Given the tight outcome of the vote and the seriousness of the irregularities, it is possible that the result of the ballot would have been different”.


Even Switzerland, the country that relies more on referenda than any other, recognised that basic danger of irregularities—insufficient information and unreliable results. Natural justice says to put the question again.

Since our 2016 referendum, there has been massive evidence of wrongdoing in how the campaign was conducted. The official leave group has been fined by the Electoral Commission and is being investigated by the Metropolitan Police. There have also been allegations of overspending and, of course, Russian involvement. The multiple falsehoods on which the leave campaign was based are now beyond doubt. There is no rational or democratic reason why a 52:48 vote, in these circumstances and on a constitutional issue, should be treated as the last word. The 1979 Scottish referendum had exactly the same result, 52% to 48%, but it was not binding or brought in because there was a threshold in that referendum. It was decided that the constitution could not be changed because of the threshold, yet it was probably less important than the EU referendum.

As I said, I am no fan of the use of referendums. They should be kept out of our constitution as far as possible. However, if there is to be another, more powers and sanctions should be given to the Electoral Commission to regulate them and ensure that they are conducted properly. I agree with noble Lords who have suggested there should be a Bill. If constitutional issues are at stake, thresholds should be put in place.

Finally, I recommend that we take account of the recommendations of the Venice Commission of the Council of Europe. It has provided a framework to ensure that referenda are consistent with our democratic system. It covers everything including the age of voters, funding, the role of the media and thresholds. If these guidelines are followed by the Electoral Commission, it would help to ensure that future referenda are carried out to the highest possible standard and in accordance with the law. To uphold our democratic principles, we need to learn from the disgraceful events of 2016 and ensure that they do not happen again.

Electoral Commission: Referendums and Elections Spending

Lord Foulkes of Cumnock Excerpts

Thursday 23rd May 2019 Lords Chamber

Asked by

[Lord Foulkes of Cumnock]

To ask Her Majesty’s Government what assessment they have made of the powers available to the Electoral Commission to deal with breaches of spending rules for referendums and elections.

[Lord Young of Cookham (Con)]

My Lords, the Government are considering recommendations from the Electoral Commission on whether it should be granted more powers. Political parties vary considerably in size and professionalism, so regulation should be proportionate and not undermine local democracy or discourage engagement. We are also reviewing the commission’s report Digital Campaigning, the Information Commissioner’s recommendations on the use of data in politics and the DCMS Select Committee’s inquiry on fake news.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I am grateful to the Minister for his helpful Answer as usual, but has he seen that the fines imposed on Vote Leave and Darren Grimes by the Electoral Commission have been upheld in the courts? Given that their misdemeanours have resulted in the paralysis of the Government for three years and our moving towards a disastrous no-deal Brexit, surely the Electoral Commission should have more powers to send people to jail and to declare such fraudulent referenda null and void.

[Lord Young of Cookham]

The Electoral Commission’s annual report for 2017-18 shows that it issued £126,625 in fines and penalties. Penalties were imposed in 86 cases, £30,000 being the highest charged to any one party, with a further two of over £10,000. As the noble Lord will know, for more serious criminal offences the Electoral Commission can refer the matter to the police and to the National Crime Agency—which it has done—and if anyone is convicted, then the maximum fine is unlimited. So the potential exists to go above the Electoral Commission’s powers. I do not accept his suggestion that we should rerun the referendum, which resulted in a 1.3 million majority of one side over the other. We should accept it; and I do not accept that it has led to the total paralysis of the Government.

Mobile Phones: Public Alert Systems

Lord Foulkes of Cumnock Excerpts

Monday 13th May 2019 Lords Chamber

[Lord Young of Cookham]

Cell broadcasting does not run the risks of congestion on the network that the previous system, SMS, did.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, confession is good for the soul, even for Ministers. Can the Minister be absolutely precise about whether the workshop to which he referred was planned before or after my noble friend Lord Harris tabled his Question?

[Lord Young of Cookham]

I am flattered that the noble Lord thinks that I have such influence that the moment a Question is tabled to me, I immediately ask for a workshop to be established. The workshop was planned before the noble Lord tabled his Question.

Elections and Referendums: Foreign Interference

Lord Foulkes of Cumnock Excerpts

Thursday 9th May 2019 Lords Chamber

[Lord Young of Cookham]

As I have said before from this Dispatch Box, there is no evidence of successful interference in the electoral process in this country, either in referendums or elections. As I said in the Answer I gave to the noble Lord a few moments ago, we are considering the issues. While we do not believe there has been abuse, we are anxious to be ahead of the game. We are now considering increasing the transparency of digital political advertising, including by third parties; closing loopholes on foreign spending in elections; preventing shell companies from sidestepping the current rules on political finance; and taking action to tackle foreign lobbying. I hope the noble Lord welcomes the announcements we have just made.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, when I received my postal vote yesterday, in the same post I received an electoral address from just one party—not the Tory party, sadly not the Labour Party, and not even the Lib Dems, but from the Brexit Party. That indicates that it is well organised and very well financed. Yet on television, under pressure from Sophy Ridge, Farage refused to say where £200,000 has come from. We will not know until the end of July, which is far too late. Surely there is something the Government can do. Can the Minister talk to the Electoral Commission and make sure we know that these sources of finance are legitimate and come from the United Kingdom?

[Lord Young of Cookham]

I assure the noble Lord that a communication from the Tory party will be on its way well before polling day. I hope he finds it a persuasive document.

Elections: Online Interference

Lord Foulkes of Cumnock Excerpts

Wednesday 1st May 2019 Lords Chamber

[Lord Young of Cookham]

My noble friend will know that last July we consulted on extending the requirement for an imprint, which already exists for printed material, to digital campaigning material. The Government have now concluded their considerations and an announcement will be made very soon.

[Lord Foulkes of Cumnock (Lab Co-op)]

We should acknowledge that the Minister is taking this matter very seriously, as we heard from his Answer. That is very encouraging. As well as the various bodies that he referred to, could he ensure that the Electoral Commission and the appropriate departments of government meet and discuss the arrangements for elections and referenda with the Venice Commission of the Council of Europe, which has revised its guidelines for both referenda and elections?

[Lord Young of Cookham]

I am grateful to the noble Lord for that suggestion. As he will know, the Electoral Commission is independent of government, but I see no reason why it should not respond positively to the suggestion he made.

--- Later in debate ---

[Lord Young of Cookham]

Of course, I have no idea how the Labour Party selects its candidates—

[Lord Foulkes of Cumnock]

Neither have we.

[Lord Young of Cookham]

However, I say to my noble friend that voter ID is part of our policy to restore confidence in the integrity of the democratic process. He will know that last year we had pilots for the local elections and the Electoral Commission’s evaluations showed that they were a success. The overwhelming majority of people cast their vote without a problem. Tomorrow there will be another round of voter ID pilots in local government. We have consulted a wide range of civil society groups to ensure that voter ID will work for everyone.