Air Quality: London

Debate between Lord Gardiner of Kimble and Lord Hughes of Woodside

Thursday 15th October 2015 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the removal of diesel particulate filters is a very serious issue. It is an offence to use a vehicle that has that filter removed. In February 2014, an automatic MOT failure for removal of those filters was introduced. Authorised MOT garages that are found to be offering those removal services may have their authorisation to test withdrawn. We are also conducting further research into this, because it is a serious subject both here and in Europe.

[Lord Hughes of Woodside (Lab)]

My Lords, has any assessment been made of the additional pollution caused in London by the myriad roadworks to produce cycle lanes of benefit to cyclists? Is he aware that the increased pollution must be so bad that many cyclists today will not live to see those benefits? Something must be done to reduce this pollution immediately.

[Lord Gardiner of Kimble]

My Lords, I understand the noble Lord’s wish that we do something immediately. There is no quick bullet to this, but I assure your Lordships that considerable work is going on into how we reduce traffic, change how we conduct ourselves and increase the number of vehicles that have low emissions. All of that is part of the investment. The London Taxi Company—part of Geely—has been awarded £17 million under the Government’s regional growth fund precisely to get another generation of low-emission black taxis.

Air Pollution

Debate between Lord Gardiner of Kimble and Lord Hughes of Woodside

Tuesday 9th June 2015 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, this is one of the areas that we will be looking at. In London the mayor has been very strong about the zero emission zone and is also considering an ultra-low emission zone. There are a number of other towns and cities in the country which have a low emission zone. They are for buses in particular. Clearly this is part of the package that we need to look at. What the Mayor of London is doing is a very positive first step.

[Lord Hughes of Woodside (Lab)]

My Lords, is the Minister aware that central London is virtually gridlocked during daylight hours? Travelling times are doubled at least. Has any assessment been done, or will he do an assessment, of the increased pollution caused by roadworks which are said to help cyclists and which will not be completed until the middle of next year? God help us all if that goes on.

[Lord Gardiner of Kimble]

My Lords, obviously when we are implementing change there are always times when there are issues. Certainly one of the important features is to keep traffic moving—slowly, but moving—because it is when you have stop-start that you have some of the most significant particle emission. In the previous Parliament an investment of £278 million was made available for cycling and walking initiatives. They are all about getting all of us to change some of our habits so that we improve the air quality in our cities and towns.

Recall of MPs Bill

Debate between Lord Gardiner of Kimble and Lord Hughes of Woodside

Tuesday 10th February 2015 Lords Chamber

[Lord Hughes of Woodside]

Does the Minister accept that one of the problems of an eight-week period is that someone who signs in the first two or three days might well reflect after five, six or seven days that he or she has made a mistake? There is no provision if someone changes their mind. For the process to work properly, if it can work at all, the shorter the period in which people make up their minds, the better.

[Lord Gardiner of Kimble]

Another interpretation is that if you have too rushed an arrangement and want to vote by post, along with the problems that I have outlined about three weeks, this will be a serious and rare event. In replying to the noble Lord, Lord Hughes, I think that there should be a time in which mature reflection is permitted. If someone knows that they have a decent length of time either to send their vote back by post or to go to the signing place, this encourages them rather than causing in them a knee-jerk reaction from the last thing they read in the press. Because this is a serious move, a period of calm is required and would be provided.

If it was all to be condensed into a very short period, we could possibly have the hiatus and the cherries and the Madame Defarge scenario, whereas we want this to be taken seriously by Parliament; and if that happens, we want it also to be taken seriously by electors who will not in my view feel rushed by the arguments of one or the other side. They should have some time in which to reflect properly on the matter.

While I understand the kind and good intentions that the noble Lord has portrayed in not wanting to seek an unattractive scenario, I think that the eight weeks provide the calm reflection that I hope there would be abroad for this very serious matter, and so I ask him to withdraw his amendment.

Recall of MPs Bill

Debate between Lord Gardiner of Kimble and Lord Hughes of Woodside

Monday 19th January 2015 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I think this goes to the heart of the issue. If one believes that the three serious triggers for serious wrongdoing that have been set and agreed in the other place are to be adhered to, there would be this opportunity for the electorate in that constituency to have another opportunity. We are obviously at the heart of whether or not there should be legislation. The Government believe, as I think do the opposition Front Bench, that for certain conduct there should be an opportunity for the electorate of that constituency to have their say again on who represents them.

We have almost got to a point where I know that there are noble Lords who are very unhappy about the Bill, but the point is that the Government and the other place feel that there should be triggers whereby recall should take place. It is perfectly respectable for noble Lords to oppose this, but I am afraid that I disagree with the view that there should be no opportunities for recall—hence this Bill.

[Lord Hughes of Woodside]

I am afraid that the Minister misunderstood what I said. The recall provision can be triggered only if one of the three things is invoked—there is no question about that. It then goes to the petitions commissioner—no question about that. However, the Minister and I, and indeed all noble Lords in this place, know that the discussion that takes place during the 20 days or however long it is will not be about the trigger at all. It will not be a discussion about how well or badly the MP has behaved; it will be entirely about political matters not connected in any way with the triggers. That is the dilemma that we are in. I am afraid that the 10% level makes it all too easy for that to take place. It is not a case of saying that there has not been wrongdoing, or that it has not been triggered. The question is: what will be discussed during the 20 days? If there are 20 days from the moment when the matter is referred to the petitions commissioner, the debate will take place entirely outside the Member’s individual behaviour.

[Lord Gardiner of Kimble]

I understand that. That is why I say that it comes to a different view and a different impression of whether there should not be a recall because of the issues that the noble Lord outlines. However, I think that there should be opportunities, where there has been serious wrongdoing, for there to be recall. That was in the manifesto pledges of the three main political parties and in the coalition programme. We are getting into a discussion—which I respect entirely—with noble Lords who do not like this Bill, but the point is that the other place, the Government and the Official Opposition are of the view that there should be certain opportunities, with safeguards so that representative democracy is not thwarted; of course we should defend that very strongly.

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, I am most grateful to the noble Lord, Lord Hughes, for his amendment, which intends that in the event of any material being written, spoken or broadcast that is unrelated to the wrongdoing which initiated the recall petition and which is detrimental to the MP, the petition will become null and void.

The Government believe that there are three significant concerns as to why this amendment presents difficulties. Indeed the noble Lord, Lord Hughes, referred to the first, which is the principle of free speech—an issue which of course all of us in this House prize very strongly. I do not think that we should, in effect, severely restrict what individuals, including MPs, constituents and the media, may say or write for a period of eight weeks.

My second concern is the appearance that this amendment gives of particular and special treatment for a Member of Parliament. The noble Lord’s amendment states that it is only material unrelated to the wrongdoing and which is detrimental to the MP that will cause the petition to become null and void. That leaves the clear interpretation that there will be no such consequences to publishing material unrelated to the wrongdoing that is beneficial to the Member of Parliament facing recall. Indeed, while I realise the view of my noble friend Lord Forsyth on the Bill, here he is absolutely right. The third concern is that the proposals would make recall unworkable. Indeed, who would determine whether something is detrimental—and is that even possible?

I say by way of example that it would be impossible to conceive of an eight-minute period, let alone an eight-week period, which could pass without even one example of detrimental material being put into the public domain. The noble Lord’s proposals would make it very difficult for any recall petition to reach its conclusion because it would be quite simple for the supporters of a Member of Parliament to put out negative comments just to secure that outcome. I hope that the noble Lord will accept that I entirely understand and accept his good intentions, but, for the reasons I have outlined, I hope he will feel able to withdraw the amendment.

[Lord Hughes of Woodside]

Someone once said that the road to hell was paved with good intentions. In my initial remarks, I referred to the fact that this might well be seen as an attack on free speech. I appreciate that point very much indeed. Of course, it has been pointed out that people who use beneficial comments might also be struck out. The difficulty I have is that the recall petition is a kind of trial. If you are on trial for a road traffic offence, for example, extraneous behaviour such as that you got drunk the night before or were drunk during the trial would not be allowed in court because it could influence the result of the trial. Therefore, I am deeply unhappy because that is what, in fact, will happen. However, I do understand the problems.

My noble friend Lord Howarth raised an intriguing point about opinion polls. I had thought of that and was not quite sure how to proceed, but I had in mind that an amendment along the lines of banning opinion polls during the eight-week period might well be an amendment for Report. I am glad he has reminded me of that, and I hope it will be taken up, if not necessarily by me, then by others.

We are in extremely difficult times with this Bill. We are torn between trying to see justice for MPs and giving constituents the opportunity to exercise their rights in relation to their MP. In all the circumstances, I believe that the best thing to do is to withdraw the amendment.

Recall of MPs Bill

Debate between Lord Gardiner of Kimble and Lord Hughes of Woodside

Monday 19th January 2015 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, it will be the same process as for an election. Who will be keeping an eye on non-accredited campaigners? It would be for the police and the courts if anyone had a problem with non-accredited campaigners and there was a feeling that they were not behaving appropriately. If there are any further clarifications for the noble Lord I will make sure that he gets them, but I have answered as best as I am able.

Turning to the noble Baroness’s other amendment, I clearly understand her point about extending the provision allowing the Electoral Commission to give advice and assistance to petition officers and accredited campaigners to all other campaigners. We recognise that understanding and complying with the rules can sometimes be challenging, particularly for those who seek to participate in electoral events for the first time. With this in mind, Schedule 6 amends the Political Parties, Elections and Referendums Act 2000 to allow the Electoral Commission to give advice and assistance to petition officers and accredited campaigners. PPERA already allows the Electoral Commission to give advice and assistances to other persons, such as returning officers and recognised third parties at elections.

In tabling this amendment, the noble Baroness rightly notes that the provision in the recall Bill does not explicitly state that this advice and assistance can also be provided to non-accredited campaigners. Non-accredited campaigners are likely to require advice and assistance in determining what the rules are and whether or not they are required to become accredited. I therefore appreciate the noble Baroness’s concern. The Government also want to ensure that non-accredited campaigners are able to access advice from the Electoral Commission in the same way as accredited campaigners. We consider that this will be the case as Section 10(3)(b) of PPERA allows the commission to,

“provide advice and assistance to other persons which is … otherwise connected with, the discharge by the Commission of their functions”.

I believe, therefore, that the point that the noble Baroness has raised is covered. The Government have given considerable thought to the matters to which she referred in terms of the level of £500 and have sought what we believe is an appropriate balance to transparency and participation. On that basis, I ask the noble Baroness to withdraw her amendment.

[Lord Hughes of Woodside]

Listening to the Minister’s explanation raises a number of questions. The answer to this may be in the Bill and, if it is, I apologise: what happens if, after the results have been declared, it is discovered that there has been a serious breach of conditions and that money has been irresponsibly or illegally spent? Is there the possibility of the MP going to court to have the result of the petition struck out or would it be automatically struck out? What happens next? Will there be a further recall petition?

[Lord Gardiner of Kimble]

I will take advice on precisely the answer to that so that I am most helpful to the noble Lord. I do not think that there is any point in me flannelling on when there may be a distinct reply to help the noble Lord.

Press Regulation

Debate between Lord Gardiner of Kimble and Lord Hughes of Woodside

Thursday 11th July 2013 Lords Chamber

[Lord Gardiner of Kimble]

With regard to the membership of this committee, I had hoped to be helpful to your Lordships and to have been able to give the information this morning, but it will be announced very shortly.

[Lord Hughes of Woodside]

My Lords, what would the position be if this special committee of the Privy Council recommended in favour of the press’s own charter?

[Lord Gardiner of Kimble]

My Lords, I obviously cannot pre-empt what the committee is going to say, but it is fair to say that in the other place last week the Prime Minister said that there were serious shortcomings in the PressBoF charter.