Professional Qualifications Bill [HL]
Debate between Lord Foulkes of Cumnock and Lord Kennedy of Southwark(2 years, 5 months ago)
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Lord Kennedy of Southwark (Lab Co-op)
My Lords, the Opposition have been clear through the passage of the Bill that regulators need statutory protections to ensure that they are consulted on the regulations made under it. That is why my noble friend Lady Hayter of Kentish Town tabled Amendment 3. Other amendments in this group, Amendments 4, 7, 8 and 9, seek to achieve the same thing. I had a very positive meeting with the noble Lord, Lord Grimstone, a couple of weeks ago, and was happy to see a copy of his Amendment 13, which we support. It is welcome. The Government have listened, as the amendment requires the appropriate national authority to consult the regulator of a regulated profession before making regulations under Clauses 1, 3 and 4. We are happy to accept that, and my noble friend has no intention to divide the House on her Amendment 3.
The noble Baroness, Lady McIntosh of Pickering, made some very important points on consultation with the devolved Administrations. I very much agreed with those, and with the comments of my noble friend Lord Foulkes of Cumnock that we must always treat the devolved Administrations with respect for their mandate and the work they do. Equally, the United Kingdom Government is on a different level, and we are all proud citizens of the United Kingdom. I support the comments he made, and of course enjoyed his speech very much. I hope on his trip he will pop down to the London Borough of Southwark, a wonderful borough with historical connections to Geoffrey Chaucer, William Shakespeare, Charles Dickens, Michael Faraday, John Ruskin and many others.
Lord Kennedy of Southwark (Lab Co-op)
Yes, absolutely. But if he cannot, I know that he knows it is a wonderful place and I enjoyed his speech very much. I also agree with the key points made by the noble Lord, Lord Bruce, that it is different in Scotland. We recognise that. So I am very pleased with the amendment from the Government Front Bench and I look forward to the Minister’s response.
Recall of MPs Bill
Debate between Lord Foulkes of Cumnock and Lord Kennedy of Southwark(9 years, 3 months ago)
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Lord Foulkes of Cumnock
My Lords, Amendments 63 and 67 have been drafted by the Law Society of Scotland. They would remove the power of the Minister to question the outcome of the petition. Instead, any suspected irregularities would be subject to judicial review, so they would take it out of the political arena and put it into the legal framework. I beg to move.
Lord Kennedy of Southwark
My Lords, Amendments 63 and 67 relate to issues raised by the Law Society of Scotland as referred to by my noble friend Lord Foulkes of Cumnock and concern matters raised by the Constitution Committee of your Lordships’ House. My noble friend makes a powerful point about the questioning of the petition and the powers this Bill gives to Ministers to make regulations.
These are very serious matters and I have some concerns about things not being very clear in the Bill. Can the Minister explain carefully why the Government are not being more specific about their intention? Can he also confirm by what process these regulations will be approved by Parliament? Am I right in saying that if anyone were unhappy they could seek the intervention of the court through the judicial review process anyway and that nothing here proposed would stop that? Amendments 64 and 73 in this group tabled by myself and my noble friend Lady Hayter of Kentish Town seek to address concerns expressed by committees of your Lordships’ House in respect of excessive powers being placed in the hands of Ministers. In particular, we have concerns as to why the Government think it necessary to give a Minister powers to create new criminal offences by statutory instrument. There is, for what in effect is quite a small Bill, far too much left in the hands of the Government to make decisions through the use of statutory instruments.
We support the principle of recall, but it is very disappointing that the Government have waited until the last few months of this Parliament to bring forward a Bill that was in the coalition agreement. As noble Lords have said before, a paper was due in 2011 and here we are in 2015. Leaving so much unresolved is not good enough. Will the noble Lord tell the Committee why so little preparatory work has been done in advance of this Bill coming forward? Will the noble Lord give us some indication where or what these new offences might be that he may have to regulate on?
Amendment 73 would remove the words “(including this Act)” from the Bill. The Delegated Powers and Regulatory Reform Committee thought these words could permit the infiltration of quite substantial and significant additional provisions into the Bill, and we agree. Can the noble Lord explain clearly why the Government think it is necessary to take such wide-ranging powers with little or no explanation?
Lord Wallace of Saltaire
My Lords, Clause 18(1)(b), which Amendment 63 would remove from the Bill, allows for regulations to detail the process for questioning the outcome of the petition to be made. It does not say that Ministers shall decide but allows for regulations to detail the process. Amendment 67 would amend subsection (5) to make it a requirement for the judicial review process to be followed.
Judicial review, as noble Lords will be aware, is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached. The process for challenging the result of an election requires an eligible person to lodge a petition with the relevant election court.
The role of the election court is to establish whether procedural irregularities have occurred, whether an election result should be declared void, and whether any individual or individuals are guilty of offences in relation to the election. As the grounds for challenging the result of a recall petition are also likely to concern irregularities of a type that an election court will be familiar with, this body may be the most appropriate to hear such challenges.
The method for questioning a petition will be set out in regulations, as is the case at other polls where legislation has been made in recent years—for example, European parliamentary elections. The Government do not anticipate the method varying substantially from the established process for challenging the outcome of elections and therefore we do not see a special need to specify the process in primary legislation.
The Government will need to consider the details of the regulations further, but our approach will need to have regard to achieving an appropriate degree of consistency with the established process. We would see it as very much being in line with that.
Amendment 64 on the power to create criminal offences would again affect Clause 18(2)(d). Clause 18 provides:
“The Minister may by regulations … make further provision about the conduct of a recall petition”.
Subsection (2)(d) provides that such regulations may,
“make provision creating a criminal offence”.
Such regulations are to be made by statutory instrument —subject, I say to the noble Lord, Lord Kennedy, to the affirmative resolution procedure.
In its report of 15 December, the Constitution Committee stated:
“The House may wish to scrutinise why the Government consider it necessary to empower Ministers to create new election law offences by statutory instrument”.
The Government have not yet responded to the committee’s report but will do so as soon as possible. However, I say here that the power is in the Bill to enable Ministers to apply the existing electoral law on offences to the recall petition process, with suitable modifications. Again, this is a matter of adapting existing legislation, not extending or creating new offences.
In order to ensure the integrity of the recall petition process, a number of criminal offences will be required. However, the Government do not consider these to be new offences as they will mirror, with appropriate modifications, well established offences that apply at elections and referendums. The intention is to use the power only to replicate or apply criminal offences that already exist in relation to elections, adapted as necessary for the recall petition process. Examples of the kinds of offence that we anticipate are that it is an offence to impersonate another constituent and sign as them, known as “personation” at elections, as set out in Section 60 of the Representation of the People Act 1983; that it is illegal to tamper with signature sheets, which will be based on Section 65 of the 1983 Act; and that the details of the printer and promoter of petition campaign literature must be included on the literature itself or else an offence is committed, based on Section 110 of the same Act. The Government consider that it would be inappropriate to include in the Bill full details of all the criminal offences, as each offence will be attached to a breach of the detailed rules that will themselves be set out in regulations.
The noble Baroness has tabled Amendment 73, which would amend Clause 21(4) of the Bill to remove the power for regulations in relation to the conduct of the petition to be able to amend this Act itself. The Delegated Powers and Regulatory Reform Committee, in turn, questioned this. Again, the Government will respond to the committee’s report as soon as possible. Ahead of that, I will provide an answer to that point here. Clause 21(4) enables regulations relating to the conduct of the recall petition process to amend primary legislation, including the recall Bill when it is an Act. This power was included in the original draft Bill that was published for pre-legislative scrutiny in 2011.
The power in question refers only to the conduct of the petition, as it relates solely to regulations made under Clause 18 and can be used only to make amendments that are consequential, supplementary or incidental to the regulations made under that power. It does not, for example, enable the amendment of the three triggers, or conditions, for initiating a recall petition in the first place. The power was originally included to allow for amendments to be made to the Act to allow for amendments made in other areas of electoral legislation, such as the introduction of individual electoral registration. Since the publication of the draft Bill, the legislation for individual electoral registration has now been put in place.
The Government are considering the committee’s recommendation on this point. As a general point, it is important that we take such powers with care, and only when it is reasonable to assume they will be needed. The Government will continue to consider the recommendation of the Delegated Powers and Regulatory Reform Committee and reflect on the views expressed in this House, and I am sure that we will return to this issue on Report. On that basis, I hope that the noble Lord will feel able to withdraw his amendment.
Parliamentary Voting System and Constituencies Bill
Debate between Lord Foulkes of Cumnock and Lord Kennedy of Southwark(13 years, 3 months ago)
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Lord Foulkes of Cumnock
I certainly agree. I feel almost inadequate in terms of our scrutiny in the light of what my noble friend has said, but I finish—
Lord Kennedy of Southwark
Does my noble friend also agree that having no Green Paper, no White Paper and no draft Bill has caused some of the problems that we are experiencing now?
Lord Foulkes of Cumnock
My noble friend is absolutely right. I would have preferred to have had the opportunity of being on a committee to scrutinise the Bill before it came before this House. I would have been happy to deal with some of these points during the pre-legislative scrutiny. However, I know that many of my noble friends will want to come in on one or other of these 12 amendments and I certainly do not want personally to detain the House any longer.
Parliamentary Voting System and Constituencies Bill
Debate between Lord Foulkes of Cumnock and Lord Kennedy of Southwark(13 years, 3 months ago)
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Lord Foulkes of Cumnock
They would certainly do it more effectively. However, that situation exists at the moment. The SNP, for example, is committed to the total separation of Scotland from the rest of the United Kingdom. It has said that if it held the balance of power in a hung Parliament, it would push hard on the interests of Scotland in particular. We are already facing that kind of situation, but of course it would be exacerbated.
I have been trying to draw my remarks to a close for some time.
Lord Kennedy of Southwark
I am most grateful to my noble friend for giving way. He has put a very interesting proposal to the House, but it is regrettable that we are discussing it at almost a quarter to three in the morning. If we had a Green Paper and White Paper that were properly subject to scrutiny, we would be able to explore it in a much more sensible way.