South Sudan

Debate between Lord Hamilton of Epsom and Baroness Anelay of St Johns

Wednesday 1st February 2017 Lords Chamber

[Baroness Anelay of St Johns]

Yes, my Lords, I can give that undertaking. We will continue to work with Uganda and the way in which it supports refugees. There are nearly a million now in Uganda—not all from South Sudan—but thousands are arriving every day. That has left Uganda sheltering the third highest number of refugees in the world.

[Lord Hamilton of Epsom (Con)]

My Lords, is not one of the great tragedies of South Sudan that when it broke away from the north it was given all the oil revenues, which at one moment amounted to some $12 billion, and that gave it something to fight about?

[Baroness Anelay of St Johns]

My Lords, whatever the country has to fight about, we want to find a way to peace. We welcome the fact that President Kiir announced a national dialogue to provide a way of bringing people into a peace dialogue. The important thing now is to do more than announce it; we have to achieve it.

European Union

Debate between Lord Hamilton of Epsom and Baroness Anelay of St Johns

Monday 4th July 2016 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, in a democracy the people negotiate with government when they express their view at the ballot box, which they have done. It is then the duty of the Government to take into account the security and interests of the whole of the British people when putting together proposals for negotiation. I suspect that we will have an opportunity in this Chamber further to discuss these matters. It will of course be a matter for the usual channels to determine how that happens, both within the Chamber and outside it in a more informal way.

[Lord Hamilton of Epsom (Con)]

My Lords, my noble friend indicated that informal talks can go on with the EU. Is she happy that that can happen without our triggering Article 50?

[Baroness Anelay of St Johns]

My Lords, my noble friend raises an important point. In any event we have discussions with the other 27 countries outside the European Council; that will not only happen but has already started. I hope that that will continue to ensure that our relationships are firm and good, which will help when we come to the formal negotiations.

EU: British Nationals Resident Overseas

Debate between Lord Hamilton of Epsom and Baroness Anelay of St Johns

Tuesday 28th June 2016 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, I do not think that this House has ever taken action against noble Lords because of the country in which they live. That introduces a new prospect, but it would be a matter for the House and not for the Government.

[Lord Hamilton of Epsom (Con)]

My Lords, does there need to be any negotiation to protect the interests of either British people living in Europe or Europeans living in the United Kingdom? Surely they are protected by an international treaty as it stands today.

[Baroness Anelay of St Johns]

My Lords, although I know that my noble friend asked that question in very good spirit, I am afraid that I cannot give him the good news that he would like. There is the question of acquired rights, which is a very complex legal matter and not straightforward. We would need to rely upon negotiations to give certainty to those who do, after all, need and deserve it.

European Union: United Kingdom Membership

Debate between Lord Hamilton of Epsom and Baroness Anelay of St Johns

Monday 23rd May 2016 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, of course, all noble Lords are able to take their own view on these matters; I like to go for information about the real, the how and the now. It is the case that the EU complements NATO’s high-intensity military activities with important long-term stabilisation and development work. I saw that at first hand on two separate visits I made last summer: one to Kosovo, where NATO is in position; and the other to Bosnia and Herzegovina, where I had the opportunity to meet the general in charge of the EUFOR Althea force and see the work which the EU can do which NATO does not and cannot.

[Lord Hamilton of Epsom (Con)]

My Lords, does my noble friend not accept that the real problem with any form of EU defence capability is that only three countries spend money on defence—Germany, France and the United Kingdom—and the Germans are pacifists?

[Baroness Anelay of St Johns]

My Lords, that is an interesting interpretation of NATO. It is certainly not one that I have seen coming out of the discussions in NATO, where there is support across the membership for ensuring that there is a strategic defence of western Europe. NATO has a proud and successful history.

European Union Referendum Bill

Debate between Lord Hamilton of Epsom and Baroness Anelay of St Johns

Monday 23rd November 2015 Lords Chamber

[Lord Hamilton of Epsom]

My Lords, before she leaves that point, does my noble friend accept that the EU has very few free trade treaties with other countries, so at least one of them should be listed so that we can know about the detail?

[Baroness Anelay of St Johns]

My Lords, I believe that we will select examples of countries that can best inform the people of this country about how they should cast their vote. We must not try to skew that. Clearly, it would be a balanced selection of countries. I would not like to define now what will be in the report because that would assume that I would be writing it—I will not be.

European Union Referendum Bill

Debate between Lord Hamilton of Epsom and Baroness Anelay of St Johns

Wednesday 18th November 2015 Lords Chamber

[Lord Hamilton of Epsom]

My noble friend has referred to constructive dialogue. Does she think that there was constructive dialogue between the Irish Government and the EU when they put out 1.1 million leaflets, at a cost of €139,000, during the Lisbon referendum? Presumably the Irish Government were quite happy that the leaflet should go out, but it upset the people who did not want to accept the Lisbon treaty.

[Baroness Anelay of St Johns]

My Lords, the Government would not be happy with any such move and the European Commission is clearly aware of that. We are not the Irish Government and this is a referendum on a different matter.

I understand and recognise the legitimate concerns about these matters and that is exactly why the Government are putting so much effort into trying to address them. It is not a matter of taking our eye off the ball: we will continue working on these issues.

My noble friend Lord Hamilton has tabled two amendments, Amendments 18 and 19, to Clause 6. The clause provides a power for the Minister to make regulations modifying Section 125 for the purposes of the EU referendum. However, I repeat the assurance that I made in Committee that the Government have no plans to use the regulation-making power under Clause 6. I tried to make that as clear as I could. I appreciate though that my noble friend seeks to limit the power so that Ministers can make regulations only where they have reasonable grounds to consider that regulations are necessary to secure the continuing function of the Government or the safety of the public or a section of the public.

This follows on from our discussion in Committee when noble Lords were trying to get me to posit the future—to look into a crystal ball and say, “This is what may happen”. The very nature of why Clause 6 was inserted in another place was because this would be something that people could not foretell. Not one voice in the other place was raised against Clause 6 going into the Bill. We ought to bear that in mind because, having given the undertaking that we have no plans, we cannot foresee the future. We have to have a care for the safety and security of this country and it would be unfortunate for this House to consider constraining the ability of the Government properly to be able to respond.

The reason, I suspect, why not a voice was raised in another place is that safeguards requested by the other place were put into the use of this power before the amendments were brought forward. These state that regulations would need to be made at least four months ahead of the poll following consultation with the Electoral Commission—and of course that would be subject to the affirmative resolution procedure in both Houses.

As I say, although there are no plans to use the power, there may be exceptional circumstances which would require the Government to lay regulations before Parliament on this issue. No doubt we would all be rather surprised if that were to happen, because, as I say, we have no plans to do so at the moment. However, a responsible Government should be able to keep the power available.

My noble friend also tabled an amendment to remove Clause 6(8) because he is worried that it might ensure that the Government cannot disapply the restrictions in Section 125 under the power in Clause 4. What I hope to be able to do is give my noble friend a reassurance that his concerns are misplaced in this respect. I can assure him that Clause 4(1)(c) as currently drafted simply would not allow the Government to disapply in regulations the restrictions in Section 125 for the EU referendum; we could not do it. Like Clause 6, it could be used to modify aspects of Section 125, although we do not have plans to do so. But we consider that Clause 6(8) is necessary for a rather technical reason. It ensures that the power to amend Section 125 in Clause 6 does not in any way call into question the general regulation-making power in Clause 4 to make modifications to PPERA for the purpose of the EU referendum. The general regulation-making power is essential for aspects of the published conduct rules; it is not about the purdah enshrined in Section 125, about which I know and understand why some noble Lords have concerns. In this case, it could be used if we identify other issues with the PPERA provisions. I can give my noble friend an assurance that, like Clause 6, the power in Clause 4 can be used only following consultation with the Electoral Commission and will of course be subject to the affirmative resolution procedure.

Finally, I come to the amendment tabled by my noble friend Lord Forsyth, proposing a penalty for a breach of Section 125. Interesting questions have been raised about the whole issue of how one holds people to account. My noble friend is seeking to impose a monetary penalty on a person who breaches the restrictions in Section 125. The Electoral Commission has no role in the enforcement of Section 125, and has said in its response that it is not clear how this significant change to its role and powers would work in practice. That is the issue; it is not what the commission was set up to do and it would change its role.

We believe that the current arrangements are appropriate and that they work. Those within the scope of Section 125 will be legally obliged to comply with it. Like other legal obligations on public authorities across the statute book, it can be enforced through judicial review. That is the purpose of judicial review: to ensure that public authorities comply with the law. I know that my noble friend has concerns that this may be a paper tiger, but he has been an admirable Secretary of State in difficult times. He will know how difficult it is for a Government to face judicial review; he will know about the inconvenience and the cost. I would expect that others would be mindful of that as well. Judicial review is something that this Government seek to avoid having to incur, and I am sure that other public bodies take the same approach.

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[Baroness Anelay of St Johns]

My Lords, this Government are not corrupt. This Government have strong leadership. This Government have given their word to work with all our colleagues across Europe to ensure that this referendum is as fair as it can be—and this Government will deliver. I hope that my noble friend will feel able to withdraw his amendment.

[Lord Hamilton of Epsom]

My Lords, the amendments I tabled by necessity were probing for the simple reason that we cannot stop the EU getting involved in our referendum. All we can rely on is the voluntary statements that it has made. We need to have an act of faith over this. We have to presuppose that if this referendum runs and it is getting very tight up to referendum day, and it is debatable whether the country will vote to stay in our pull out, somehow the EU will stand back and not do anything when it has the power to do it—to actually influence that final result.

Some people will believe that the EU will be totally honourable to its word on this. Others will say that it had such success in Denmark, Ireland and Croatia, so why should it not try it here? The great argument is that it will not do it because it would be counter- productive. I do not quite understand that argument. It was not counterproductive in Denmark. It was not counterproductive in Croatia. It was not counterproductive in Ireland. Why should it be counterproductive here?

But as I say, these are probing amendments. There is nothing the Government can do to constrain the EU. I suspect that the idea of the noble Lord, Lord Pearson, that we should fine it is out of order completely, so there is nothing that we can do in this Bill to stop the EU interfering. If it does not, in my opinion it will be a miracle. But I am happy to withdraw the amendment.

European Union Referendum Bill

Debate between Lord Hamilton of Epsom and Baroness Anelay of St Johns

Wednesday 18th November 2015 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, the two amendments in my name in this group were put down in the five working days we have had since Committee and I tabled them just to ensure that they were on the Marshalled List. Since then, my noble friend the Minister has very much met the concerns of these amendments, particularly in terms of the 10-week period for the regulations to come out leading up to the referendum day itself.

I also accept that the period of six weeks previous to that for the other regulations that have to be approved has proved to be rather too complicated, so I am basically happy with what my noble friend has done and I thank her for the amendment that she has brought forward, which meets the concerns. They were, of course, that until we had this provision in the Bill, the Government had the ability to call a referendum with 28 days’ notice, but now this will not be possible since we will have the 10-week period enshrined in the Bill itself. That is an important modification as far as we are concerned, and again I thank my noble friend for what she has done. I do not know whether the noble Lord, Lord Kerr, is in his place, but I am sure that he will be grateful to know that I am not going to speak any longer. I beg to move.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, it may be for the convenience of the House if I speak now. I have amendments in this group and I have spoken to noble Lords who have amendments in this group—apart from the noble Lord, Lord Willoughby de Broke. I apologise for not being able to mention the fact that I might intervene early to explain the Government’s position. It does not, of course, prevent me from answering questions later if noble Lords so wish.

In this group there are three areas on which the Government have carefully considered the views of Peers, as expressed in Committee, and have brought forward amendments in response. As my noble friend Lord Hamilton has kindly set out, we have sought where possible to respond entirely positively.

The Government’s position is that in order to ensure public confidence in the outcome of the referendum and an informed vote, it is essential that there is a referendum period of sufficient length to allow a full and thorough debate with appropriate controls on spending donations. It was never the Government’s intention to set a referendum period of less than 10 weeks. However, we listened very carefully to my noble friend Lord Hamilton, the noble Lord, Lord Willoughby de Broke, and others around the House on this matter and we agree with noble Lords that a 10-week minimum referendum period should be set out on the face of the Bill. That is the effect of government Amendment 9. I stress that it is a minimum period of 10 weeks.

I hope that all noble Lords will appreciate that this should deliver the intent of Amendments 8 and 7B. It also, I hope, provides a little extra clarity over the referendum period itself by making it absolutely clear that the referendum period ends with the date of the poll itself. The amendments tabled by noble Lords did not make that clear.

Perhaps it is not right for me to rehearse the background to my noble friend Lord Hamilton’s amendment. He has been commendably brief, so perhaps I will follow his example in that regard. He has already made it clear that he accepts that Amendment 1 is unnecessary if the House were to accept the government amendment, which puts a minimum of a 10-week referendum period on the face of the Bill. My noble friend also said that he is content not to press ahead with the second part of his amendment, which would require regulations setting the date to be laid at least 16 weeks before the referendum can be held. Noble Lords will be aware that we have an established procedure for laying and making affirmative secondary legislation, and that will be followed in this regard. That takes some time in itself.

I very much thank my noble friend Lord Hamilton and others for their constructive engagement on these issues, and I hope that noble Lords will support government Amendment 9 and not press the other amendments related to these matters.

Amendment 10, tabled by the noble Lord, Lord Willoughby de Broke, relates to the time when the process of designating lead campaigners should begin. Under the Political Parties, Elections and Referendums Act 2000, which provides the framework for national and regional referendums, the start date of the designation process is the first day of the referendum period. At the alternative vote referendum, where there was an 11-week referendum period, this caused some concern because it meant that lead campaigners were not designated until about five weeks before the referendum took place. Legislation for the Scottish independence referendum provided for a different approach whereby the lead campaigners were designated shortly before the referendum period.

While this does have the advantage of ensuring that the lead campaigners have sufficient time to use their benefits for any given date, it could restrict the time available for the referendum period, which is when the full controls on campaigning apply, or indeed could limit the choice of referendum dates. I know that that was not the intent of the noble Lord’s amendment—he is not seeking that technical route.

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[Baroness Anelay of St Johns]

My Lords, I will refer first to the question raised by the noble Lord, Lord Willoughby de Broke. He asked for further confirmation, just to be absolutely sure about the fact that the referendum period will be a minimum of 10 weeks and in advance of that is the designation period. The two cannot be conflated. I think that gives him the satisfaction he sought that there is no way of concertinaing it, if I can put it that way.

I am grateful to the noble Lord, Lord Hannay, for his comments, but I recognise what he said about the importance of looking not just at gaming, although that will be at the basis of this. This leads neatly to the concerns rightly raised by my noble friend Lord Forsyth. As soon as one enables single-sided designation, one has to consider very carefully the inequity that may follow. That is why I was not able to put my name to the text of the amendment, even if it had been in the right place in the Bill. That is what I commit to look at between now and Third Reading.

My noble friend is absolutely right to point out that only the designated lead campaigners are entitled to a referendum broadcast. Where there is only one designated campaigner, it would indeed raise questions of partiality rather than impartiality if only one person had access to that. These are matters on which the Government have already been reflecting since Committee, and need to reflect on further. Designated lead campaigners are entitled to an equal grant of up to £600,000. It is not immediately clear how that would operate with just one lead campaigner. The Government have been reflecting and will reflect further and consider the views of noble Lords, but we need to consider how to incorporate or otherwise these benefits into a system where it will end up being possible for only one lead campaigner to be designated.

My noble friend has raised an important matter. In the light of my response to that and my commitment to work further with noble Lords before Third Reading, I hope that when the government amendments are called the House will feel able to support them, and that noble Lords will not press their amendments.

[Lord Hamilton of Epsom]

I think I have made it quite clear already that I am more than happy to withdraw my amendment.

European Union Referendum Bill

Debate between Lord Hamilton of Epsom and Baroness Anelay of St Johns

Wednesday 28th October 2015 Lords Chamber

[Lord Hamilton of Epsom]

My Lords, I very much agree with the noble Lord, Lord Liddle, that the grouping of the amendments is somewhat weird. I cannot quite understand why Amendment 1 was grouped with Amendment 2, other than that one followed the other. They do not seem to have an awful lot in common. I congratulate the noble Lord, because his amendment certainly created much more interest and lively debate than mine.

I am very grateful to the House, because there seems to be almost complete unanimity over my amendment. I take my noble friend’s point that the wording could perhaps have been better, but I was enormously encouraged—almost shocked—to get the support of the noble Lord, Lord Kerr, to whom I am very grateful. The point raised by the noble Lord, Lord Collins, about the Delegated Powers Committee having a view on this as well was also very encouraging. We have the Electoral Commission and the whole of your Lordships’ House, I think, in support. Indeed, it is in the spirit of what the Government have already said. On that basis, I take my noble friend’s point that it was not very well worded, so work must be done. May I check with her where this leaves us today? Presumably, an amendment will be put forward which is better worded but applies itself to the spirit of my amendment and will be tabled at Report as a government amendment. Is that correct?

[Baroness Anelay of St Johns]

My Lords, as I explained, the normal procedure is that the Government, having seen the Delegated Powers and Regulatory Reform report, considers all its recommendations and consults in government and then considers next steps. That is when decisions are made, so I cannot give my noble friend any undertakings at this stage; clearly, that is not the normal procedure.

[Lord Hamilton of Epsom]

I am very grateful to my noble friend for that, but I am also mindful of the seemingly total support in your Lordships’ House, so I hope that we can get a better amendment tabled at Report. I am not quite sure who will be voting against it. I thank my noble friend very much and I withdraw my amendment.

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[Baroness Anelay of St Johns]

My Lords, I will certainly be happy to look at the methodology adopted by the Electoral Commission. In my early life I was a sociologist—although I hardly dare say that in front of my noble friend Lord Forsyth—and I can say that, looking through the report, the Electoral Commission has carried out research through citizens advice bureaux. The methodology it has used shows that it has taken advice not only from organisations but from individuals, and from individuals not only in one particular area but in sample areas around the country. Therefore, I respect its research, although I will of course consider the matter.

The noble Lord referred in particular to the word “aros”. I understand that most participants noted that either “aros” or—I apologise for the fact that I shall have to spell this—“ddal i fod” could be used in the referendum question. Both options were considered to work well, but in fact “aros” was felt to be more straightforward and clearer.

We would say that the Electoral Commission carried out proper research but, in the light of the noble Lord’s request, of course I will consider what he said. If I may, I will come back to him outside the Chamber so that we may talk about this before Report. I hope that that will be helpful.

The noble Lord’s Amendment 7 seeks to ensure that the English and Welsh language questions and answers are given equal prominence on the ballot paper in Wales. That has indeed been the practice on ballot papers in Wales. I have copies of a range of them, which show that the options have been arranged very carefully side by side. The noble Lord’s amendment gives me the opportunity to explain that, but the amendment itself does not perhaps give great clarity as to how a ballot paper would achieve that balance. I am very happy to share that textual information with the noble Lord if he so wishes.

Finally, I invite my noble friend Lord Hamilton to withdraw his amendment, if he is so minded. I hope that he will be, and I hope that when it comes to be called, the noble Lord, Lord Wigley, will choose not to move his amendment.

[Lord Hamilton of Epsom]

My Lords, I congratulate the noble Lord, Lord Wigley—at least he has some commitment from my noble friend the Minister to come back to him. I did not get the impression that there was the overwhelming support from the Committee for Amendments 3 and 4 that there was for Amendment 1. Therefore, I am not looking to come back with an improved form of the amendment on Report and I am more than happy to beg leave to withdraw the amendment.

Nepal

Debate between Lord Hamilton of Epsom and Baroness Anelay of St Johns

Tuesday 27th October 2015 Lords Chamber

[Baroness Anelay of St Johns]

I entirely agree and endorse what the noble Baroness has said. Of course, our remaining concern must be to ensure that the constitution is put into effect. Because of the recent elections, that is still a matter to be resolved.

[Lord Hamilton of Epsom (Con)]

Will the Government be the first in discouraging the Nepalese Government from imposing massive tariffs on aid flows into their country?

[Baroness Anelay of St Johns]

My Lords, it is true that the Nepali Government rely very heavily on the charges on goods going into their country. My noble friend is right to point out that Nepal relies heavily on aid from others, including from the UK, and I am sure it respects the importance of that. For example, on 25 June at the international donors’ conference in Kathmandu, the DfID director for Asia, Beverley Warmington, announced a commitment of £70 million in total from the UK. It is important that the Nepali Government work closely with us in delivering that.

Burundi

Debate between Lord Hamilton of Epsom and Baroness Anelay of St Johns

Thursday 11th June 2015 Lords Chamber

[Baroness Anelay of St Johns]

I have been waiting to say that for quite a long time. We saw recently the refreshing effect that elections can have.

In the case of Burundi, it is clear that the first term of President Nkurunziza was by appointment, not by election. It is therefore time for him to step aside, and to have open and fair elections.

[Lord Hamilton of Epsom (Con)]

Does my noble friend accept that many sub-Saharan African leaders find it so profitable to be in power that the sums that will have to be paid to get them to go will have to be very substantial?

[Baroness Anelay of St Johns]

My Lords, that is certainly an interesting point of view.