Verify: Digital Identity System

Lord Foulkes of Cumnock Excerpts

Monday 26th November 2018 Lords Chamber

[Lord Young of Cookham]

Noble Lords will have their own reaction to that suggestion, but the thought of going along to a vet to have something implanted in my neck is not something I find immediately attractive.

[Lord Foulkes of Cumnock (Lab)]

My Lords, I am tempted to ask the Minister why it took a Question from the noble Lord, Lord Clement-Jones, for him to sign up to Verify, but instead I shall ask him about his other revelation—that there is a Minister for Implementation. What are his or her—I do not know whether it is a he or a she—other responsibilities?

[Lord Young of Cookham]

His name is Oliver Dowden and he is a Minister in the Cabinet Office. Noble Lords will find his responsibilities set out in the list of ministerial responsibilities.

EU Referendum: Conduct

Lord Foulkes of Cumnock Excerpts

Monday 22nd October 2018 Lords Chamber

Asked by

[Lord Foulkes of Cumnock]

To ask Her Majesty’s Government whether they have received reports or information about (1) outside interference, and (2) irregularities, in the conduct of the European Union referendum.

[Lord Young of Cookham (Con)]

My Lords, the Government have not received any reports or information about any successful outside interference in the European Union referendum. We nevertheless remain vigilant and are committed to defending the UK from all forms of malign state interference in UK democratic processes. The Electoral Commission’s report on the referendum, published in September 2016, stated that the poll was delivered without any major issues and that there was a clear and timely final result.

[Lord Foulkes of Cumnock (Lab)]

I don’t believe it. Everyone knows the irregularities, the fraud and the corruption that took place. The Electoral Commission declared that there was illegal spending by Vote Leave. A whistleblower at Cambridge Analytica showed that Russian money was pumped into the Vote Leave campaign through Aaron Banks and others. This result was obtained by fraud and corruption. The Government have an opportunity to put this right and to satisfy the wishes of at least 700,000 marchers on Saturday by giving the British people the opportunity to decide whether they want to accept the deal, once the terms are known, or to stay in the European Union through a people’s vote.

[Lord Young of Cookham]

My Lords, the Prime Minister has made her position quite clear on a second referendum: she does not want one. The Electoral Commission is investigating whether Mr Banks was the true source of the loans reported by a referendum campaign in his name and whether any individual facilitated a transaction with a non-qualifying person. But it is important to keep this in perspective. The Atlantic Council and the Oxford Research Institute, both of which have researched this, found that the impact of the Russians on the referendum was at best marginal. One estimate was 0.3% of tweets. I was as disappointed as the noble Lord with the outcome of the referendum, but unlike him I do not believe that it was lost because of what I might call the Zinoviev Twitter.

House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL]

Lord Foulkes of Cumnock Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Friday 7th September 2018 Lords Chamber

[Lord Northbrook]

I confirm to the noble Lord, Lord Rennard, that I wish to test the opinion of the House on this amendment.

[Lord Foulkes of Cumnock (Lab)]

What is a Northern Irish Peer and what is a Scottish Peer? Can the noble Lord define them?

[Lord Northbrook]

I have relied on figures from Dod’s Parliamentary Companion. The noble Lord makes a good point. There is one hereditary Peer on the Cross Benches, as I understand it, who lives in Northern Ireland. The complication, I think, is that there are some old Irish titles and people are living in England. I am looking at people living in Northern Ireland.

[Lord Foulkes of Cumnock]

Just to take an example, if a Peer lived in London but owned a huge chunk of Scotland—and there are a few of those—would he be a Scottish Peer?

[Lord Northbrook]

Yes, I think he could count as a Scottish Peer.

--- Later in debate ---

[Lord Adonis]

But these incremental reforms are so minute that no member of the public outside will have the faintest idea that any of this is happening. The reform that they will notice is whether we fundamentally change this House to turn it from being a nominated House that has no democratic legitimacy into an elected House which has legitimacy. That is the reform that will make a difference that people will notice. All this other incremental reform that the noble Lord is talking about is so much stuff and nonsense. It will have zero impact in the way that the House is perceived externally, and nothing other than a tiny, marginal impact on the actual operation of the House internally.

However, in terms of the integrity of the Bill, because I know that my noble friend is keen for us to stay on message, in so far as there is any principle at stake in the Bill at all, I do not accept it because I do not think that it makes the House any more legitimate than it is at the moment. To have hereditary Peers is fundamentally illegitimate. As a nominated House, as it would become after the passage of my noble friend’s Bill, it does not even achieve my noble friend’s objective. I understood that his objective was, over time, to eliminate the hereditary Peers. Now we discover from the noble Lord’s amendment that two hereditary Peers will remain, so there will still be an hereditary component in this House, even after the labours of Hercules that my noble friend has engaged in over many recent months.

The nonsensical nature of this Bill—nonsensical if one believes in wider reform, which some of us do—is made even greater when one looks at the actual detailed provisions. It does not even achieve my noble friend’s objective of seeking to entrench in perpetuity a nominated House.

[Lord Foulkes of Cumnock]

My noble friend Lord Adonis has this completely wrong. I normally agree with him, fully. There is no contradiction between having incremental reform now, while there is a Conservative Government and working towards major reform. I support major reform by the Labour Party, which Labour’s candidates stood on at the last general—that is, a senate of the nations and regions and not a directly elected legislature, which would challenge the primacy of the House of Commons. There is no contradiction between incremental reform now, and then, when we eventually attain a Labour Government, making some major reforms.

[Lord Adonis]

My Lords, it is very important that we do not dissemble. I agree entirely with my noble friend, and actually I think that he and I would probably agree on the nature of a reformed second Chamber. However, it is important to understand that that is not the position of my noble friend Lord Grocott. He wants a nominated House in perpetuity and he will frankly accept that. He does not want this to be the first stage towards wider reforms; he wants to entrench a nominated House which has, in my judgment, no legitimacy whatever within a democratic constitution. He should be, and indeed he is, open about that.

I do not understand why it is, if that is what he is setting about, that those people who claim to be in favour of democratic reform—there are some in this House—are playing his game. His game is not to take a first step on the road to wider reform—rather, it is to stop any wider reform at all from taking place. We need to understand what my noble friend is up to. He is a very serious politician; he knows absolutely what his own game is, and we should not be playing that game.

Railways: Transport for the North

Lord Foulkes of Cumnock Excerpts

Thursday 19th July 2018 Lords Chamber

[Lord Young of Cookham]

I am sure that the noble Lord is right, but one of the things TfN has responsibility for doing is to look at the various bids in the north and come up with a list of priorities. If, when it does that, it puts the scheme that the noble Lord referred to right at the top of its priorities, that would carry weight with the Secretary of State.

[Lord Foulkes of Cumnock (Lab)]

My Lords, would it not be a better solution to have a coherent system of devolution of powers, including transport, to all the regions of England? Will the Government look at this? If they do not do it soon I can assure them that it will be brought in by a Labour Government. The way things are going, that cannot be far away.

[Lord Young of Cookham]

My Lords, we have not had to wait for a Labour Government to devolve major powers to, for example, Manchester and other parts of the country. We have introduced metro mayors and combined authorities. We will continue to do that. People will not have to wait for this illusory dream that the noble Lord just referred to.

Electoral Commission

Lord Foulkes of Cumnock Excerpts

Tuesday 17th July 2018 Lords Chamber

[Lord Young of Cookham]

I am grateful to the noble Lord for his repeated offer to use his Private Member’s Bill as a vehicle for necessary legislation, and I look forward to debating the remaining stages of his Bill in due course. I, too, followed the exchanges in the other place and I am grateful that I am answering questions here and not elsewhere. On the question of legislation, as I have said, we are currently considering whether the Electoral Commission should have more powers; we know that the commission wants the maximum fine to be increased from £20,000 to a higher level.

On the question of the referendum, I can only repeat what my honourable friend said in the other place, which is that the Government believe that the outcome of the referendum should be respected. Were there to be any more referendums, each one would require specific legislation, and there would be an opportunity to amend the legislation. I think that I am right in saying that the legislation for the EU referendum was amended in the light of a report from the Constitution Committee in your Lordships’ House, which recommended that the law be tightened on acting in concert. On the question of more general legislation, as I have said, I am not seeking to delay, but some key issues are under investigation by committees of this House and of another place. It makes sense to await the outcome of those before we decide how best to legislate.

[Lord Foulkes of Cumnock (Lab)]

My Lords, on all these reports, we now have the report of the Electoral Commission, which found that the Leave campaign broke the law; we have very strong evidence of Russian involvement; and there are reports of other investigations which have been carried out into the veracity of the referendum. Yet the Minister says that the Government are still willing to accept the result. What would it take for the Government to think again and recognise that this was a flawed referendum?

[Lord Young of Cookham]

The Government do not believe that the referendum was flawed and I cannot envisage the circumstances in which they would come to a different view. On the exchanges in the other place, I did not hear a unanimous request to rerun the referendum: rather, the discussion focused on whether the laws we have at the moment should be tightened and changed were we to have any more referendums.

European Union Referendum

Lord Foulkes of Cumnock Excerpts

Wednesday 4th July 2018 Lords Chamber

[Lord Young of Cookham]

Despite the very flattering introduction to my noble friend’s question, he has raised something that is not at all on my radar. I am very reluctant to get involved in diplomatic or Foreign Office relationships. Perhaps I can write to him once I have taken advice from someone who is better informed than I am on this.

[Lord Foulkes of Cumnock (Lab)]

My Lords, given what we have just heard about the draft report from the Electoral Commission and what the Minister heard yesterday from my noble friend Lord Rooker and myself on the Bloomberg report, how can the result of that referendum still be considered valid?

[Lord Young of Cookham]

I think there were many reasons why people voted as they did in the referendum. There was worry that globalisation had passed a number of communities by. There was concern about immigration and the perceived threat to independence and sovereignty. There were homegrown reasons why people voted as they did, wholly independent of the sort of influences that the noble Lord referred to. If one looks at the potential involvement of Russia, the number of tweets involved in no way accounted for the 1.3 million people who voted for leave rather than remain. My noble friend Lord Ashton responded to the debate last night excellently.

Railways: Disabled Passengers

Lord Foulkes of Cumnock Excerpts

Thursday 24th May 2018 Lords Chamber

[Lord Foulkes of Cumnock (Lab)]

My Lords, does the Minister remember that when he took the legislation through the House of Commons to privatise rail services, the late, great Robert Adley said it would properly be described as the poll tax on wheels. Has that not proved correct?

[Lord Young of Cookham]

As a matter of fact, I did not take the legislation through the House of Commons; it was taken through by, I think, my noble friend Lord MacGregor. It was my task to implement it, which was as much of a challenge. Despite its criticism, the basic structure introduced in that Parliament has remained the same with the rolling stock companies, the train operating companies, franchising and Railtrack/Network Rail. If it was such a disastrous structure, why has it remained almost intact for 25 years?

Elections: Personal Data

Lord Foulkes of Cumnock Excerpts

Wednesday 18th April 2018 Lords Chamber

[Lord Young of Cookham]

Next month, on 25 May, the General Data Protection Regulation comes into effect and we will be abiding by that. On top of that, the Data Protection Act goes beyond in providing extra safeguards. I am sure that the Government want to ensure that, post our departure from the European Union, we remain in the forefront of protecting this country against the sort of external influences referred to by the noble Baroness.

[Lord Foulkes of Cumnock (Lab)]

My Lords, will the Minister have another word with his colleagues—or preferably with the officials who brief him—to ask them why they have not drawn his attention to the excellent report of the ad hoc Select Committee of this House, which was published yesterday, dealing with the effect of digital media on referenda and elections, which is what this Question is about?

[Lord Young of Cookham]

I was indeed aware of the report referred to by the noble Lord. It raises a really interesting question. Information technology is challenging the business model for election campaigns as we have traditionally known them: knocking on doors, leaflets and public meetings. That model is being challenged by the social media and to some extent being displaced by it. To the extent that social media can reach people who are alienated or bypassed by the traditional method of campaigning, that is a good thing. We have to ensure, however, that the legal framework within which we now operate is fit for purpose and that personal data is not misused. We should try to turn to our best advantage the fact that we are engaging people in the democratic process who previously were not so engaged.

House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL]

Lord Foulkes of Cumnock Excerpts

Friday 23rd March 2018 Lords Chamber

[Viscount Trenchard]

As the noble Lord, Lord Grocott, pointed out, the amendments have the effect of damaging the Bill, ensuring that it would not be effective. As I have sympathy with that purpose, I think that my remarks are very closely related to the amendments tabled.

[Lord Foulkes of Cumnock]

My Lords, if the only woman hereditary, the noble Countess, Lady Mar, had been here now, she would have brandished her copy of the Standing Orders, which say that speeches in Committee should last no longer than 15 minutes, and ask the noble Viscount to sit down. Can I pass on her message?

[Viscount Trenchard]

I thank the noble Lord for his advice. However, of the 17 minutes for which I have been on my feet, I have been interrupted for more than 50% of the time, although with your Lordships’ leave I would like quickly to move to complete my remarks.

It is very valuable that there is more than one route of entry to the House. I do not think that uniformity of mode of selection, whether by prime ministerial support or meeting the approval of an Appointments Commission, improves the House’s capacity to represent the community. In the Second Reading debate, the noble Lord, Lord Grocott, said:

“Tell us precisely why we continue to replace the 90 hereditary Peers”.—[Official Report, 8/9/17; col. 2153.]


The answer is simple. As my noble friend Lord Trefgarne and others have said, the 1999 agreement is binding in honour on those who gave their assent to it. The noble Lord, Lord Grocott, will say that that no longer applies 19 years on. I disagree. I believe it should still be honoured 100 or 200 years on. Of course, noble Lords have no idea what constitutional arrangements will be in force 100 years from now, but the 1999 agreement—

--- Later in debate ---

[The Earl of Caithness]

My Lords, I have reflected and I have stated exactly what I did. My noble friend also went on to say that we should,

“recognise that the interim House, as it is called by some, which will assemble next week, could exist for some considerable time”.—[Official Report, Commons, 10/11/99; cols. 1200-01.]

So my noble friend knew exactly what the situation was, and what he said was repeated by John MacGregor, now the noble Lord, Lord MacGregor of Pulham Market.

[Lord Foulkes of Cumnock]

I think I am right in saying that the noble Earl is the 20th Earl of Caithness and his title goes back many centuries. Instead of speaking here, would it not be better if he went back up to Caithness, got down on his knees and thanked the Lord that he lives in the United Kingdom and not in France, where they had a rather more ruthless way of getting rid of their aristocracy?

[The Earl of Caithness]

Well, some survived that too and doubtless some of us will survive this onslaught against us. My noble friend Lord Deben, the then Mr Gummer, also said what a good thing it was to have some hereditaries here because:

“A society is better run when, even if it is not entirely rational, power is spread a bit, with the opportunity for different people to make different comments about different things.—[Official Report, Commons, 10/11/99; col. 1173.]


All I am asking is that the noble Lord, Lord Grocott, consider that we amend the way by-elections take place at the moment to make them for the whole House rather than just individual parties, and that we revisit this when, as I said earlier, there is greater implementation of the report of the noble Lord, Lord Burns.

--- Later in debate ---

[Lord Foulkes of Cumnock]

I want to speak on behalf of my noble friend. He served as a Member of Parliament with great distinction for many years and looked after the interests of thousands of people; he deserved to get here.

[The Earl of Erroll]

Thank you for that but in the same way that we have to declare interests, the noble Lord should also have to. I am sure that he has served with great distinction but does that, towards the end of the career, qualify him for going automatically into the House of Lords?

Leaving that aside, I go back to the nub of what I want to talk about, which is the by-elections. I have been reading the 1999 Act. As far as I can make out, the whole thing, including the party proportions, is set in our Standing Orders; it is not in the primary legislation. So, actually, as an interim measure, I would have thought the first thing we should do is amend our Standing Orders to make them more sensible. I know that there will be changes in the party balance but I think that is right. Having done that, we can then deal with the democratic issue of whether or not we slowly become an appointed House. I realise that for some people that will not be acceptable, because it might result in there being less pressure to change to an appointed House more quickly. I personally think that we should look first at our Standing Orders. That is what this series of amendments is about. However, I do not think they need to be in primary legislation to achieve that.

Meetings with Ministers

Lord Foulkes of Cumnock Excerpts

Wednesday 14th March 2018 Lords Chamber

[Lord Young of Cookham]

In the past, when I put up as a prize a meal with myself, my wife made absolutely certain that she bought it.

[Lord Foulkes of Cumnock (Lab)]

My Lords, can I change the subject a bit? If the Prime Minister or any Cabinet Minister has the occasion to meet Mr Alex Salmond, will they express concern that he continues to front a programme on Putin’s propaganda channel?

[Lord Young of Cookham]

Again, I am more than happy to answer questions on behalf of the Government or, if pressed, on behalf of my political party. It is not for me to answers questions on behalf of Alex Salmond or members of other political parties.