(6 years, 3 months ago)
Lords ChamberTo ask Her Majesty’s Government what action they are taking to ensure that all former Ministers seek advice from the Advisory Committee on Business Appointments before taking up appointments within two years of leaving ministerial office.
My Lords, the Ministerial Code was updated in January 2018 to underline the importance of the business appointment rules to both current and former Ministers, and reiterating the requirement to seek advice from the independent advisory committee before announcing or taking up any new appointments. In addition, the Minister for the Cabinet Office has recently written to ministerial colleagues reminding them of the importance of the rules in maintaining public confidence in the integrity of our public servants.
My Lords, I am grateful to the Minister for that response but he will know that the committee so ably chaired by the noble Baroness, Lady Browning, is an advisory committee, not a statutory committee, and can impose no sanctions on any former Minister who does not seek the committee’s approval. Essentially, it remains as a code of honour. We should not be surprised, I suppose, that the latest transgressor of this system is Mr Boris Johnson, who perhaps seems to have a rather distant acquaintance with the notion of honour. When will the Government agree to make this a statutory committee and be able to impose sanctions in order to make the system work?
I join the noble Lord in paying tribute to my noble friend Lady Browning, who chairs ACOBA. Until I read its annual report, I had not realised quite how much work it did—some 230 appointments in a year—or how complex some of the cases were. The noble Lord suggests that the system should be statutory. ACOBA has been non-statutory since it was established in 1975. I see two problems in making it statutory. First, it would be much more difficult to amend it and bring it up to date—it would become less flexible; at the moment it can be updated overnight. Secondly, if you make it statutory I suspect that decisions would take longer to deliver but, crucially, they would then be justiciable: they could be challenged in the courts. I think there is a real risk of crystallising a potential conflict between the rules of ACOBA and the common-law right that individuals have to earn a living in their own right.
(6 years, 3 months ago)
Lords ChamberThose strictures of course apply to the noble Baroness’s noble friend the noble Lord, Lord Adonis, as well, who has perfectly legitimately laid a Motion before your Lordships. I am never popular on my side of the House when I say this, but I agree with the spirit of that Motion and express some sympathy. I agree with some of the sentiments expressed, and I think we should be dealing with amendments as much as we can. I reject the charge of filibuster, particularly when it comes from those Benches that we have had to listen to for day after day filibustering on the question of Brexit.
I agree in principle with what my noble friend Lord Cormack says about incremental reform, but where is the incremental reform on the Liberal Democrat Benches? We introduced provision for retirement, and when I looked at the figures today I noted that despite the retirement provisions being in place for months there are still 98 Members on the Liberal Democrat Benches. They are not stampeding for the exit. There is no incremental reform there. There is no increment at all. I think that those who do not partake in the spirit of reform should be the last to lecture the House on the subject.
There is the question of proportion, which was referred to by my noble friend Lord Cormack. The reality has been alluded to briefly and is that the effect of this measure, if your Lordships pass it, is over time substantially to change the proportions within the House. It has been argued by others that we need to do something because, otherwise, proportions would change. If this measure is passed—I have an amendment on this matter later so I will not develop it at great length—then 20% of the Conservative Benches, 16% of the Cross Benches, 4% of the Liberal Democrats and 2% of the Labour Party would be removed. So it has a profound effect over time.
My Lords, I can see where the noble Lord’s argument is going, but could he tell me at what point we would reach those figures? How many years will it take before those reductions took place?
My Lords, I am not an actuary, but I know that at least 20 of the hereditary Peers on the Conservative Benches are already over 75 and a considerable number of them are over 80. I do not wish the Grim Reaper to visit any of my noble friends or indeed the noble Lords opposite, but the noble Lord knows very well that that is the position. It will happen. This would be statute, and over time that proportion will change. I have an amendment later that I hope will address that question; I hope we will get on and get to it, and I hope the noble Lord, Lord Grocott, will accept it.
I ask your Lordships not to accept strictures from the Opposition Benches but to guard the point of proportion. I agree that this should be a matter for the Government. I think we should also be looking at the issue of more comprehensive reform, as proposed by the noble Lord, Lord Adonis.
(6 years, 7 months ago)
Lords ChamberThe Government may be starting from a low base, but if one looks at all the cars in the country one sees that 0.4% are plug-in electric; the percentage for the Government Car Service is 8.3%, so, to that extent, we are ahead of the game. We are planning to drive up to, as a minimum, 25% of the fleet being electrified—I hope that that will not distress the noble Lord, Lord West—by 2022. As we make improvements through the Bill in which the noble Baroness has taken an interest, it will become easier not just for the Government but for everyone else to invest in low-emission vehicles.
My Lords, is the move to increase the proportion of ultra-low-emission vehicles from 7% to 25% in 2022, which is some years away, an extension of the enunciation by the noble Lord, Lord Henley, that the Government will not be rushed? The Minister knows that there is a serious problem with air quality standards in London and other urban areas. Given the slowness of the Government to respond, can he tell me when he expects this country to reach the standards that have been set?
(6 years, 7 months ago)
Lords ChamberMy Lords, I am grateful to the Minister for repeating that Answer. I think that this is the third occasion on which he has come to the House to discuss these issues, twice in relation to Carillion and now in relation to Capita. It is striking that from the Government’s point of view, Capita is one of the limited number of companies which are privileged to have large government contracts, yet it is interesting to note that the boss of Capita admitted today that the company has no long-term strategy at all. That, to say the least, is a little worrying.
I would also say to the noble Lord that Capita’s record is, at best, patchy. When I mention the messed-up management of the dental register which left hundreds of dentists standing idle, its failure to maintain the Primary Care Support England service which supervises GP and patient records, and failing on the Army recruitment contract, one questions why this Government in particular are so wedded to giving yet more contracts to this company and similar ones. I hear what he has said about Capita being a different model and having a different structure from Carillion, and he said that shareholders will be taking the burden, but I still think I am right to ask him what contingency plans Ministers have put in place to deal with possible defaults on these contracts. Also, can he confirm that improvement plans have been agreed with Capita since its string of profit warnings and yesterday’s financial statement?
The noble Lord said that it is of strategic importance for the Government to have, I think by implication, contracts with a limited number of providers. However, the other side of the coin is that if we have a domino effect—first Carillion, then Capita—a huge swathe of government contracts will be put at risk. Is it right that so much government work should be put in the hands of a very limited number of companies? I would also like to ask whether he agrees that this excludes SMEs from many prime contracts. They have to subcontract with these principal contractors, but we know what happened with Carillion. Carillion was a very late payer and as a result, many SMEs went bust due to its collapse. What is the Government’s approach to SMEs and can we ensure that they get a fair crack of the whip?
(6 years, 8 months ago)
Lords ChamberThe last question the noble Lord put to me is a matter in which we will be engaged in the forthcoming debate on the European Union (Withdrawal) Bill, where there may well be an amendment of the type that he envisages, and it would be wrong for me to anticipate that debate. So far as his first points are concerned, the Information Commissioner and the Electoral Commission are independent offices, with robust chairmen and chief executives, and I am sure they are capable of withstanding pressure from whatever direction it may come.
My Lords, I do not know whether the noble Lord has seen the comments made yesterday by the chair of the Commons DCMS Select Committee, which referred to extracts from interviews given by Nigel Oakes, founder and CEO of SCL Group, in which he made reference to the Nazis leveraging,
“‘an artificial enemy’ to make people scared, and through this to incite hatred of Jewish people”,
and, chillingly, by the former communications director of Leave.EU, Andy Wigmore, who was reported praising the Nazi propaganda machine and boasting of Leave.EU borrowing outrageous and provocative tactics from Donald Trump to keep immigration at the heart of the 2016 referendum campaign. As the chair’s statement said,
“these statements will raise concerns that data analytics was used”—
in the referendum campaign—
“to target voters who were concerned about this issue, and to frighten them with messaging designed to create ‘an artificial enemy’ for them to act against”.
Very encouragingly, today the Minister has said that the Government will consider action in the light of the various investigations that are taking place, but the point I put to him is this: I believe our very democracy is under threat and the Government must take action in this area.
I begin by endorsing what the noble Lord has just said and deploring any language that incites racial hatred or, indeed, any other form of hatred in this country. He will know that the Information Commissioner is investigating exactly this issue of whether information has been improperly used to seek to influence the outcome of an election or a referendum. I made it clear in response to the noble Lord that we are in active dialogue with the Information Commissioner. We have already accepted some amendments to the Data Protection Bill which is currently in another place. We are prepared to do so again if it is necessary to deal with any inadequacies in the legislation.
(6 years, 8 months ago)
Lords ChamberTo ask Her Majesty’s Government what assessment they have made of whether the Electoral Commission has sufficient powers to investigate claims that the Vote Leave campaign broke electoral law during the 2016 referendum on the United Kingdom’s membership of the European Union.
My Lords, the Electoral Commission has ongoing investigations into spending and campaigning on the EU referendum, and the Government will consider any specific recommendations that arise from those. The commission has not so far called for greater investigative powers.
My Lords, these very serious allegations come in the context of the former CEO of Cambridge Analytica claiming that he could fix election outcomes for a fee, using entrapment. Does the noble Lord think that the maximum £20,000 fine per offence that can be imposed by the commission is anywhere near meeting the gravity of the allegations, if proven? Does he consider the Government have shown respect for the independence of the commission, when the Foreign Secretary arrogantly dismissed the whistleblower’s claims as utterly useless? Will the Prime Minister apologise for the shameful outing of Mr Sanni by her political secretary?
My Lords, on the first part of the noble Lord’s question, it is the Information Commissioner’s Office that is investigating the specific allegations about the misuse of data by Cambridge Analytica and its associates. That is a different regime to the one that comes under the Electoral Commission. On the specific question of the £20,000 fine, the noble Lord is correct that the Electoral Commission has expressed concern in the past that this might be regarded as simply the cost of doing business, and it is making representations that it should be enhanced to a higher level. The Government are considering those representations and, alongside any other recommendations that come out of the investigation currently under way, we will then consider what further action to take. Whatever the Foreign Secretary may have said about these allegations, it is the independent Electoral Commission that has the final word as to whether or not an offence has been committed. I have nothing to add to what the Prime Minister has said on the final part of the noble Lord’s question.
(6 years, 8 months ago)
Lords ChamberMy Lords, I too oppose the amendment in the name of the noble Lord, Lord Trefgarne, and add to the points already made by the noble Lord, Lord Blunkett. This is in danger of creating yet another myth about the way in which your Lordships’ House could and should be improved. His amendment is upside down and inside out and contrary to common sense.
I can best illustrate that with a practical example. I apologise in advance if this seems somewhat personal or even morbid, but it is the best way in which I can demonstrate the reality of the situation facing your Lordships’ House. Suppose that suddenly and truly sadly both the noble Lord, Lord Trefgarne, and the noble Earl, Lord Caithness, were—heaven forbid—to be called to higher and greater things. There would then of course be two hereditary by-elections. Incidentally, I think that heaven would do well to forbid. The addition to the heavenly host of those particular noble Lords would be a problem for St Peter.
Whatever the nature and size of the electorate in the consequent hereditary by-elections, one factor is certain. Under the present arrangements two new hereditary Peers would be elected from the list of eligible hereditaries. However, they would of course be chosen within the vagaries and vicissitudes of the current system already referred to by noble Lords. The leadership of the Conservative Party—I hope that the noble Lord, Lord Young, will be able to elucidate this—and No. 10 could have no guarantee that the additions to the Government Benches were as useful or supportive as the Members that they were replacing. Indeed, they could not even be sure that they would be loyal Brexiteers.
That brings us to the amendment and to the report of the Burns committee. Throughout our debate on 19 December—throughout the House on all sides—there was a general recognition that the unique key to progress would be the active and complete co-operation of the Prime Minister and her successors. Without that, we would not make progress. The Prime Minister is clearly numerate. We already know from her letter to the Lord Speaker on 20 February that she had perfectly understandable concerns about the proposals of the Burns committee. In that letter she makes no direct reference to the central and crucial Burns recommendation of two out for one in. But given what I have already explained in terms of the inevitable consequences of continuing hereditary by-elections under the system that we have—which is so devotedly supported by the noble Lord, Lord Trefgarne, and the noble Earl, Lord Caithness—she would be entitled to be extremely cautious in supporting those colleagues on this issue. Just follow the arithmetic implications of the solemn departure of those two noble Lords. No fewer than four life Peers would have to disappear from the Conservative Benches, by whatever means, before the Prime Minister could have just one new recruit of her own choice. Two would already be wiped out by the second departing hereditary before a further two could justify just one new recruit.
I hope that the Minister, in responding to the discussion today, will be able to indicate to us that the Burns report, far from giving an alibi to the noble Lord, Lord Trefgarne, for yet more delay, actually gives us a very strong reason to move forward. If not, frankly, the arithmetic will be nonsense—nonsense in the terms described by the noble Lord, Lord Blunkett, but specifically in terms of the nonsense to the Conservative Benches.
My Lords, the noble Lord talks about statistical nonsense, but does he think that the current representation of the Liberal Democrats in your Lordships’ House bears any resemblance to the votes cast at the last election? Is that not nonsense too?
I was not going to go down that track but the noble Lord is an old friend and I am delighted to dispose of that myth too. My noble friends in this House did not support the deal that was referred to. We were not in that particular discussion. We do not support the deal that was done but we have been unique in being consistent in supporting the case for reform. We supported the case for the 2012 Bill, which gained a majority in the House of Commons of 338—the biggest majority of that type for a big Bill. There was a majority on the Conservative Benches, a majority on the Labour Benches, and unanimity among the Liberal Democrats. I stand four-square behind the reform of your Lordships’ House but until that happens, just as we have to live with these unfortunate facts of life, we have to live with those facts of life too.
(6 years, 9 months ago)
Lords ChamberAgain, I am not sure that this dialogue will enhance public confidence in political parties, but Labour auctioned off a tennis match with Tony Blair in 2008. People could also buy at an auction the opportunity to become a character in an Alastair Campbell novel.
The noble Lord raises a serious issue. What is important is that Ministers adhere to the Ministerial Code and the standards set in public life. I have seen no evidence that any of those standards has been broken.
My Lords, is that not the most persuasive argument for sorting out the funding of political parties? Why has the noble Lord’s party always refused to come to a sensible agreement which would clean up politics?
The noble Lord will know that for the past decade there have been genuine attempts to reach all-party consensus on the key issue of party funding. No such consensus was reached, which is why there has been no agreement to take it forward, and the coalition Government did not think it right to take unilateral action on party funding. We remain open to discussions if there is a real possibility of a consensus. In the meantime, there is a Private Member’s Bill before the House, and I hope we might be able to make progress on a number of more minor issues—incremental measures of reform—where there is that consensus.
(6 years, 9 months ago)
Grand CommitteeMy Lords, I, too, welcome these provisions as far as they go. Clearly, it cannot be right that survivors who face a physical, emotional and psychological impact from abuse are then silenced from our democratic process because it is too dangerous for their names and addresses to be listed on the electoral register and too difficult for them to register anonymously under the current provisions.
I take this opportunity to thank Women’s Aid, which has been at the forefront of shaping and co-ordinating the responses to domestic violence and abuse for over 40 years, including the legislation before us. The question is whether these measures go far enough. One of my concerns is that survivors will have to re-register to vote anonymously year on year, and those who move home will have to repeat their applications. For many survivors, anonymity is a matter of life or death, and they will often be on the run from domestic abuse for the rest of their lives. I know that Women’s Aid has been calling on the Government to use the domestic violence and abuse Bill to pass legislative changes to make anonymous voter registration for survivors valid indefinitely so that they can vote in safety for life. What is the Minister’s position on that proposal?
I also want to raise a point that Mr Stephen Doughty raised in the other place about credit reference agencies. His concern was the interaction of individuals with credit reference agencies once they had registered anonymously. From examples in his constituency, he knew that individuals who had registered anonymously had then had significant difficulty in getting agencies such as Experian, Core Credit and others to acknowledge their anonymous registration without going through cumbersome processes. Many of the people we are talking about today are in a vulnerable situation; they need to be able to access credit and to do so without being disadvantaged. Will the Minister say a little more about whether the Government will work with the agencies to ensure that the process is as transparent and easy as possible? We know that in some cases agencies have refused to accept anonymous registration certificates, and clearly that is not right.
I would also like to pick up a point raised by the noble Lord, Lord Rennard. I welcome the proposals to remove entries from the register as a result of death—clearly that is a sensible measure. However, I would also have liked to see some provision for taking steps to increase voter registration and turnout. A question I put to the Government is this: why can they not examine the use of government data to automatically place eligible electors on the electoral roll, given that the integrity and accuracy of that roll is so important? In welcoming these provisions, I hope that we will hear a bit more about how the Government are going to increase the number of eligible people on the electoral register.
My Lords, I am very grateful for the general support for the measures before us and for all the contributions. I will try to respond to the points that have been raised, starting with that of my noble friend Lady Seccombe. She rightly pointed out that, if you look at the latest figures from the ONS, you will see that 1.9 million adults between the ages of 16 and 59 experienced domestic abuse in the past year—1.2 million women and 713,000 men—a statistic that many people will find surprising. When I first became involved in this issue, back in the 1970s, I was on a Select Committee dealing with violence in the family. That was in the era of Erin Pizzey and the first refuges. At that point, the focus was almost exclusively on women who had suffered physical violence. Over the past decades, the definition of domestic violence and abuse has broadened: it now includes psychological as well as physical abuse; sexual, financial and emotionally controlling behaviour; and coercive behaviour. That has broadened the range of people who might be susceptible to domestic violence. Men are victims, and the new provisions that we debate this evening cover both men and women—and rightly so.
My noble friend Lord Hodgson was worried that broadening the range of people who can attest might open the scheme to some abuse. It is important to keep this in perspective. At the moment, 2,300 people are anonymously registered—an infinitely small proportion of the total voting population. The estimate we have made is that, as a result of the changes we debate this evening, that figure might triple to 6,900. If one puts that in the perspective of the millions of people who are entitled to vote, one will see that the possibility of abuse is relatively small.
We consulted the Electoral Commission about the process. My noble friend asked whether refuge managers have to be in the directory. The answer is that they do not. However, the definition was restricted by being narrowed to managers of refuges, in direct response to the Electoral Commission’s concerns.
On the issue of telling people whether they have been removed from the register, the statutory instrument gives the electoral registration officer the discretion to include in the first communication information that they will not get a further one later on. It is discretionary and it is open to the electoral registration officer whether to follow it up, and there will be guidance from the Electoral Commission on how that discretion should best be used.
My noble friend asked also why one had to provide a national insurance number, given that, if one registered online, one did not have to. My noble friend is certainly different from me in having his driving licence and his passport information as accessible as his national insurance number. As far as I am concerned, all three have to be looked at in some database. I will write to him, if I may, about why there is that discrepancy between the information you have to provide if you register in person and the information you have to provide if you register online.
My noble friend raised some broader issues, which were touched on also by others who contributed to the debate, about the progress that the Government are making in their review of electoral law. I am not sure that my reply this evening will take my noble friend much further than the reply that I gave him but a few weeks ago, but we are working closely with the Law Commission in bringing forward a programme of reform using secondary legislation. It is hoped that the work can lead to the consolidation of 10 statutory instruments and 25 amending instruments into two, an affirmative and negative SI respectively. These will cover local, PCC and mayoral elections as well as local planning and council tax referendums. The Law Commission will then utilise its in-house parliamentary counsel to oversee the drafting process. On top of that, Cabinet Office staff will form part of an inner circle alongside representatives from the Electoral Commission, Solace and AEA—the Association of Electoral Administrators—to oversee the drafting process and participate in necessary policy decisions. So work is under way on broader reforms.
The noble Lord, Lord Rennard, asked about GPs and whether they would charge those who want the attestation form signed. I entirely agree with him that those in a vulnerable position should not have to pay. The Electoral Commission will provide revised guidance in the light of the changes we debate. We hope that GPs will choose not to charge for attestations but, as the noble Lord said, other avenues will remain open for electors to seek attestations. It strikes me that somebody who perhaps has just moved into a new refuge will have to go and see a GP anyway to register. That is the point at which the patient could provide the attestation form and just ask the GP to sign it. If it was in that context, I honestly do not see that the GP would need to charge.
On automatic registration, I think that this was looked at some time ago; it may even have been when there was a coalition. The Government did not introduce automatic registration, as it went against the underlying principle of IER—namely, that individuals should take ownership of registering to vote and deciding where they want to register. I shall come in a moment to what we are doing to improve take-up. There are no plans to introduce a system of compulsory registration; that has been looked at before. It is up to all of us to explain to people the importance of registering to vote.
The noble Lord, Lord Hunt, raised a question asked in the other place about why those who register anonymously have to re-register each year. It is a valid question. The provisions on yearly renewal are in primary legislation and could not be addressed through the SIs before us today. The intention of Parliament when the scheme was introduced in 2006 was to enable individuals with a current risk to register anonymously. If one had it automatically carrying forward year after year then, by definition, the risk might not be “current”. However, I think that the principal reason was that you simply cannot do it by secondary legislation; you need primary legislation.
The noble Lord then raised the valid point that, if you are not on the register, credit reference agencies cannot check that you are who you say you are. There is a certificate of anonymous registration, which can be used as evidence to overcome some of the restrictions to which the noble Lord referred. He implied that this was bureaucratic and not always acceptable to the credit reference agencies, and that again is something that I would like to take away and reflect on.
I have tried to answer all the points that were raised. If I have not answered all of them, I shall write to noble Lords.
(6 years, 10 months ago)
Lords ChamberTo ask Her Majesty’s Government what steps they are taking to defend civil servants from unwarranted criticism regarding their objectivity and impartiality.
My Lords, I beg leave to ask a Question of which I have given private notice.
My Lords, the Ministerial Code says:
“Ministers must uphold the political impartiality of the Civil Service”.
Our Civil Service is envied the world over and, as the Home Secretary said over the weekend, has the complete confidence of the Government. The Constitutional Reform and Governance Act 2010 enshrines in legislation the core principles and values of the Civil Service, which include impartiality, integrity and objectivity. These values are set out in the Civil Service Code, which states that civil servants,
“must not … knowingly mislead ministers, Parliament or others”.
I do not believe that they do.
My Lords, I am grateful to the noble Lord for that Answer. Of course, he more than anyone has upheld the Ministerial Code during a very long and distinguished ministerial career. However, in the last few days we have had assertions made, both by Ministers and by Members of Parliament, that officials are deliberately frustrating Brexit or fiddling the figures. Those civil servants cannot defend themselves in public. Does the noble Lord agree that officials must have confidence in being able to provide robust and dispassionate advice without fear of intimidation? Given that No. 10 Downing Street and the Prime Minister have failed to slap down those Ministers and MPs in his own party who have made these disgraceful slurs, is it too much to ask of the Prime Minister that she finally show some leadership?
So far as Ministers are concerned—I answer for Ministers, not for Back-Bench Members of Parliament—the Minister concerned made a fulsome apology in another place on 2 February. He said:
“I accept that I should have corrected or dismissed the premise of my hon. Friend’s question. I have apologised to Mr Charles Grant, who is an honest and trustworthy man. As I have put on record many times, I have the highest regard for our hard-working civil servants. I am grateful for this opportunity to correct the record and I apologise to the House”.—[Official Report, Commons, 2/2/18; col. 1095.]
The noble Lord generously referred to my experience as a Minister. I think I have done 20 years on and off—probably more than anyone else in this House—but with many discontinuities, and I have never had occasion to question the impartiality or objectivity of civil servants. They have spoken truth unto power. They have quite often said things that I did not want to hear, but I would never accuse them of some of the things that have recently been levied against them. I think we should be proud of our Civil Service, and I reject the smears that have been made against it.