Deregulation Bill
Lord Hunt of Kings Heath Excerpts(10 years, 1 month ago)
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Lord Rooker (Lab)
My Lords, before we leave this clause, I would like to take this opportunity to ask the Minister a question. I am a strong supporter of the Electoral Commission, with no qualification whatever; but next year’s election will be the first time that it has had four and a half years to plan for the date. Therefore, is there an absolute rock-solid guarantee that there will be no chaos in any of the polling stations in this country of the kind that occurred in 2005?
Lord Hunt of Kings Heath (Lab)
My Lords, I join my noble friend and add to what he said. My noble friend knows that I come from Birmingham and I was shocked by some of the behaviours I saw outside some Birmingham polling stations, to which I suspect he is referring. I particularly remember a polling station in Moseley, where large groups of men—about 20 or 30—were outside. This was clearly intimidatory; it was very difficult—particularly for women—to go and vote. The current system is so slow to react to situations like that when they arise. This is a very serious matter: in some parts of the country, people are not able to exercise their democratic right to go to a polling station free and unfettered.
For some years, the Electoral Commission took the view that it could only take measures that applied to each part of the country in an equal way. That was madness; it has been clear for a number of years that we have a real problem in some polling areas and we need a response from the Electoral Commission that recognises that.
Lord Wallace of Saltaire
My Lords, it would be foolhardy to give a cast-iron guarantee that no problems might break out. These are not purely matters for the Electoral Commission; as we all know; the local police and the local electoral registration officers have clear responsibilities here as well.
Lord Hunt of Kings Heath
In the case I mentioned, there was a police van outside; I approached the police van and the officer, of his own volition, went to speak to this group and kind of negotiated that the numbers would come down from about 20 to three or four on either side. I applaud the fact that a police constable, of his own volition, was able to make his own judgment, but that does not necessarily happen, and there is no guarantee that there will be police outside each polling station during the whole of the day. The other problem is that the polling officers are in the polling station in the school, a long way from the road where people can congregate. I accept the point he is making, which is that it is not just down to the Electoral Commission—but the Electoral Commission has a leadership role here.
Lord Wallace of Saltaire
My Lords, let me take that back and make sure that the Electoral Commission is informed of this. I trust that the incidents were reported to the local authorities and the local police at the time. I am conscious from my own experience with polling stations in parts of west Yorkshire that there can be problems; although my strongest memory of the last election is of passing a polling station 10 minutes before it closed and meeting a large extended family coming out of the polling station after voting, having a very sharp and loud argument as to whether each of them had voted the right way. I fear that, in this coming election, there may be rather more of that sort of confusion than any of us would really like to see. Meanwhile, I can assure the noble Lord that I will take these points back and make sure that they are reported to the Electoral Commission. I repeat that local issues like this are very much about local support. It is for the local police, local education and the local political parties, of course, to make sure that the police and the electoral authorities are doing their duty.
Lord Hunt of Kings Heath
My Lords, like the noble Earl, I make a happy, though unexpected intervention in the proceedings of this Grand Committee. I thank him for giving me advance warning that he intended to move an amendment on the question of trust mergers. I certainly would not oppose the amendment, but I should like to put some points to him. As this is being introduced at such a late stage, perhaps I could ask him about the Department of Health’s approach to deregulation, because it is entirely relevant to the amendment.
The noble Earl will know that a later clause in the Bill introduces a new duty for non-economic regulators to have regard to the desirability of promoting economic growth while exercising their regulatory functions. From the list that we have been given by the Government, we understand that the Care Quality Commission is encompassed in the list of organisations to which the new provisions may apply. The Opposition have asked the CQC for its views on the clause, but we have been informed that the Department of Health has told the CQC that it was not appropriate for the CQC to respond to our query, given that it is an arm’s-length body of government. I am surprised by that. As the noble Earl has frequently said to us, the CQC is an independent body. I am surprised that the CQC even approached the DoH for advice, and I am shocked that the DoH should prevent CQC from giving its advice to parliamentarians on the Bill. I do not expect the noble Earl to respond to this point today, because I doubt that he could, but I ask him to respond to me in due course.
What is the Department of Health’s approach to deregulation? My understanding is that it is in favour, and recently told the Health Select Committee that, unless issues of public safety are concerned, it is not in favour of extending statutory regulation to other professions within the health service, which is entirely consistent with what Ministers are saying in the Bill.
The noble Earl will not be surprised that I then want to ask why the department is still attempting to require non-doctor public health specialists to be statutorily registered. I recently asked a Written Question about that. I cannot for the life of me see that public health non-doctors pose any risk to public safety. That conviction has been reinforced by the evidence that the Professional Standards Authority for Health and Social Care, which is the overarching regulator, has now given to the Government, in which it confirms my view that minimal risks are posed by public health specialists. There is a very limited number of them. Whether they are statutorily regulated or not is not a major issue. The problem is that, by so doing, the Government are threatening the viability of a voluntary register, the UK Public Health Practitioner Register, because it depends on the fees of those non-doctor specialists for its viability. I should have thought that a voluntary register accredited by the Professional Standards Authority is just what a deregulatory approach would lend itself to.
Again, I do not expect the noble Earl to give me a response today, but I wanted to raise with him that there is considerable puzzlement that a Government who brought forward this deregulatory Bill is hell-bent—for some reason that no one can understand—on forcing a statutory approach to non-doctor public health specialists, which will put at risk a voluntary register that is entirely consistent with the deregulatory approach that the Government are taking within the Bill.
I will ask three or four questions about the noble Earl’s amendment. It arises from the issue in Staffordshire. Essentially, the services that were being run by the Mid Staffordshire foundation trust are being transferred to two other trusts: North Staffordshire and the Royal Wolverhampton, one a foundation trust and one an NHS trust. The technical amendment that the noble Earl has brought forward seems eminently reasonable in that context, but I wonder whether he would care to reflect on the process by which that has occurred. He will know of the trust’s special administrators, who were appointed to deal with the problems at Mid Staffordshire. I was very surprised that the estimated cost of that process has been between £12 million and £15 million. Can the noble Earl confirm that and say whether he really thinks that we got value for money from that process?
The second question is whether he can assure me that this new amendment will not make it easier to force through mergers without proper public consultation. Staffordshire health service has a bit of form recently. He will know that the clinical commissioning groups have made some very controversial decisions, including—I think this was announced yesterday—the outsourcing of much of their commissioning responsibility. It is notable that the CCGs are very reluctant to debate or discuss those proposals in public. We have debated Lewisham hospital in south London, which is in a special administration process, and we have had some discussion about how services in Staffordshire are to be reorganised. I have been to a number of meetings in Staffordshire and there is real concern that a lot of these major changes are taking place without adequate public consultation. For instance, in relation to services in Mid Staffordshire, assurances were given—it was called the double-lock assurance—by the Secretary of State that there would, as I understood it, be proper public involvement and support for the changes. I am not entirely sure that that has happened.
I would just like to make two further comments. As I understand it, by statute, mergers have to be approved by Monitor, the economic regulator for NHS foundation trusts—and presumably, for non-foundation trusts, by the NHS Trust Development Authority, acting on behalf of the Secretary of State. In the light of experience, does the noble Earl not think that the Secretary of State should have to give their approval to mergers even if they involve foundation trusts? I realise that this amendment is based on parent legislation that goes back further than 2006—perhaps to 2003—and that we now have a much more fragmented system than we had then.
A trust merger is not a business arrangement; essentially, what usually happens is that one trust has fallen into a great deal of trouble and has to be rescued. That will often have a dynamic impact on the services to be provided; Mid Staffordshire is a good case in point. Given that, should the Secretary of State, because of his direct accountability to Parliament, not have to sign off that merger? The noble Earl may know of Clive Efford’s Private Member’s Bill, which I think is being debated in the Commons on Friday. There is a clause in the Bill which actually says that the merger of NHS trusts or foundation trusts should require the consent of the Secretary of State, so I am sure that this is a matter to which the department will be giving consideration.
My final point is about the impact of the amendment on PFI schemes. The noble Earl has already explained about the transfer of criminal liabilities, which makes eminent sense, but let us say trust A is being acquired by trust B. As I understand it, trust B takes on the liabilities of trust A. But what happens to the indemnity that the Secretary of State has made in respect of a PFI scheme entered into by trust B? When trust A takes on trust B’s liabilities, including possibly a PFI scheme, does the Secretary of State’s indemnity also now apply to trust A? I understand that the Department of Health has said that it does not and I would be grateful for some clarity on that.
House of Lords (Expulsion and Suspension) Bill [HL]
Lord Hunt of Kings Heath Excerpts(10 years, 1 month ago)
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Lord Hunt of Kings Heath (Lab)
My Lords, in introducing her Bill, my noble friend Lady Hayman was most persuasive and we on the opposition Benches are very happy to support it and to wish it godspeed through this House and the other place. The Bill’s provisions are very much reinforced by the comments of the noble and learned Lord, Lord Brown, who gave a very helpful explanation of the sanctions currently available and what is missing from the way in which we deal with these matters. My noble friend Lady Hayman was right to say that expulsion from a Chamber of Parliament is, indeed, a significant and major step. I agree with her that, although we hope they may never have to be used, it is good to have an armoury and the ability to do so if the circumstances should arise.
Of course the expulsion of a Member of Parliament can never be undertaken lightly, so it is important that proper safeguards are in place. My noble friend has reassured me on this point. As she said, the House remains in control. It would have to approve the Standing Orders and have to agree to the expulsion of the Member—the two locks, as she described them. I believe that those are sufficient safeguards. I was much reassured on that by the comments of the noble and learned Lord, Lord Mackay of Clashfern. This Bill could become law with government support and we look to the Minister for a positive response.
My noble friend Lady Taylor referred to other matters that could be agreed by your Lordships’ House.
Lord Jopling (Con)
I am sorry to interrupt the noble Lord but he has just indicated that, if the Bill is to go through, it is essential that it be given government time. I think it is the first time that that point has been made in the debate.
My colleagues with experience of the House of Commons will recall that it is extremely difficult to get a Private Member’s Bill through the Commons procedures. As one who has killed off more Private Members’ Bills than most noble Lords who sit in this Chamber, I know that what we need to hear from the Minister is how we can get the Bill through before the general election, if that is what we want. We seem to be totally unanimous on that. The Government support the Bill and we hope that it goes through. However, that is the language of the long grass. The only way that this Bill will go through is if the Minister tells us not only that the Government support it but, more importantly, that government time will be given in another place to get it through.
Lord Hunt of Kings Heath
My Lords, that was an extremely helpful intervention, at least for Members of your Lordships’ House. I suspect that there has never been a more elegant assassin of Private Members’ Bills than the noble Lord. He certainly speaks from great experience, and I hope that we will receive a positive response. It is absolutely clear that we need the Government to fully support the Bill and make sure that there is time in the other place for it to go through. I also hope that the noble Lord will take note of my noble friend’s comments. The report that she produced, which was debated in your Lordships’ House, contained a number of very useful suggestions for modest improvements.
I agree with what the noble Lord, Lord Dobbs, said about retirements and the number of Members of this House. We have to start to make progress in relation to that. I very much support the Bill. I hope that the Minister will respond positively. It will be disappointing if the Government do not say that they will support the Bill.
Lord Wallace of Saltaire (LD)
My Lords, the Government do, of course, remain committed to a broader scheme of Lords reform, as I trust do the Labour Opposition in their turn. There is a consensus on that, at least officially. The Government have no settled view on the Bill at present. All I can promise, and I do promise, is that I will take back the speeches that have been given around the House and the strong arguments that these are essentially housekeeping measures—although I am not sure that expulsion is entirely a matter of housekeeping. Powerful speeches have been made, and then we will have to see what can be done with the House of Commons between now and the election. Time is very short—
Lord Hunt of Kings Heath
The noble Lord says that the Government have no settled view. That is disappointing but it could be taken as a positive response if it actually meant that the Government generally would be prepared to discuss, maybe through the usual channels, with the noble Baroness whether they are prepared to support the Bill. Can he say that the door is at least open to that?
Lord Wallace of Saltaire
My Lords, I am trying to be as positive as I can be but the noble Lord knows as well as I do, having been in government, that getting consensus inside the Government, even in a single party, is not always entirely simple and straightforward. You have to get Ministers to concentrate on the matter in hand. When it is a matter of Lords housekeeping it is not entirely easy. I will do my best. I will take this back very firmly and we will have to look at the House of Commons dimension, and we might be able to make at least very considerable progress on the Bill. I take everything that has been said, although I repeat that the Government remain committed to a broader scheme of reform.
House of Lords: Labour Peers’ Working Group Report
Lord Hunt of Kings Heath Excerpts(10 years, 6 months ago)
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Lord Stephen
The noble Lord is well aware of the circumstances, which directly involved the attitude of the Conservative Party to these matters.
The House of Commons has clearly spoken on these issues and has consistently voted for democracy, in 2003, 2007 and 2012. Noble Lords who shake their heads should reflect seriously on the position of the other place and the fact that it has consistently backed democratic reform of this Chamber. Surely 2015 should not be the time to think about this for even longer through another commission.
I want to challenge one of the central assumptions of the report, that embarking on this wide consultation and engagement will lead to a consensus. On this issue, a wide consultation does not inexorably lead to a consensus; this is a matter on which some people’s views are intransigent. The preface to the report says that the majority of the authors think that a majority of their group believes that,
“election would lead inexorably to the Lords challenging the primacy of the Commons”.
That has not historically been the Labour Party view on this issue, as has been described, but wide consultation and engagement will not stop anyone who insists on that point. It also ignores the fact that elected Chambers work alongside each other in many other Parliaments, and that the 2012 Bill had specific mechanisms built into it—
Lord Hunt of Kings Heath (Lab)
My Lords, I wonder if the noble Lord will give way on that point. He is really rather glossing over some of the difficulties of the 2012 Bill relating to the respective powers of the two Chambers. Surely in those Parliaments where there are two elected Chambers—
Baroness Northover
My Lords, I will let the noble Lord continue, but I remind the House that noble Lords who have signed up for this all have an opportunity to put their case. They should therefore be chary of eating into the time of other people.
Baroness Northover
Noble Lords will have their time. I will let the noble Lord continue his point, but I point out that noble Lords will have their opportunities later on to make the case that they wish to make and that they should be chary of eating into other people’s time.
Lord Hunt of Kings Heath
My Lords, with the greatest respect, it is not in the noble Baroness’s gift to either let me intervene or not. The noble Lord is clearly well able to debate and wants to do so. The only point that I want to put to him is this: in those places where there are two elected Chambers, there tends to be a written constitution. Is that not really at heart the problem—that no one has yet resolved the balance of power between the two elected Chambers in the UK?
Lord Stephen
We can always make it too difficult, tough and complex to deliver change. I would be delighted to see a written constitution as well. As I have just pointed out, though, those commitments running back over not just one decade but two from the Labour Party were to radical reform and democratic change, but during its time in office that has never been delivered. It is our system that, I emphasise again, is the exception, not the rule, and the rule should be a democratic one.
If noble Lords will give me just a little leeway, I will finish very quickly. The fact is that some people do not wish to be persuaded of the case for real reform. While that is the case, there will be no real reform and no consensus unless the political parties take a different approach. What can be achieved will be achieved if those manifesto commitments for change are delivered by one majority party or, as I would prefer on an issue of this importance, by cross-party majorities, which I believe exist in both Houses of this Parliament and can deliver democratic reform. After the next general election, that is what can and should be delivered.
Lord Hunt of Kings Heath
I am very interested in what the noble Lord said about the group of Lib Dem Peers. I am constantly puzzled by why the Deputy Prime Minister refused to engage on the issue of powers. Can the noble Lord throw any light on that?
Lord Dykes
My natural sense of modesty, and because it is above my pay grade, prevents me from trying even to give a putative answer to that matter. It was just the way in which things are rushed into with badly drafted, inadequate and mediocre legislation in the House of Commons. More and more is churned out which has to be repaired two or three years later by another set of Bills to rectify the mistakes. That was in the early days of the Deputy Prime Minister being in the House of Commons for one term.
Lord Rennard (LD Ind)
My Lords, when future assessments are made of this Parliament, I suspect that the biggest disappointment for many—but certainly not all—Liberal Democrats will be our failure to achieve substantial reform of this House. For over 100 years, Liberals have fought to complete a reform that was begun with the Parliament Act 1911 to move this place from depending upon the hereditary principle to resting upon the popular principle.
Only in this House could 100 years be too short a period to consider properly making such a change. I suspect, however, that our failure to achieve House of Lords reform will not be such a concern to the wider electorate. The failure of the House of Lords Reform Bill came as a relief to many Members of this House. Nevertheless, among most Members there is at least widespread agreement, as this debate has shown, that the size of the House is now too large.
Failure to achieve reform means that there also remains significant concern about the powers of patronage exercised by the major party leaders to put their loyal friends and supporters into Parliament. This power of patronage may make the numerical problem even greater in the near future. We could perhaps be heading for a series of Parliaments in which power changes regularly, and each new Prime Minister will wish to add to his or her ranks in the House of Lords to reward their followers, sustain support in their party and assist the swift passage of new legislation.
In the latter part of the 20th century, the Conservative and Labour parties both won large majorities in the House of Commons, which took long periods to ebb away. In the 30 years between 1979 and 2009, we had had only three Prime Ministers. However, in the next 30 years we may have many more than three Prime Ministers, and with each new occupant of 10 Downing Street might come new waves of appointments to this place. The House of Lords could become simply incredible because of its increased size, and much less respectable in public perception than it is today.
Something therefore needs to be done, and it needs to happen soon. I do not think that a lengthy commission is required to work out what should happen; we already have too many dust-gathering reports on this subject. Most of these reports have come to some broad conclusions: that the number of Peers must be contained and eventually reduced; that elections should take place for at least some of the future places in the House of Lords; and that any elections should at any one time elect no more than a third of the Members of the House. Most recent reports have also suggested that Members should serve a single long, non-renewable term, thereby preserving the independence of the House and the primary accountability to the electorate of the House of Commons.
The Government presented Parliament with a Bill that would have done all these things two years ago while retaining a strong contingent of Cross-Bench Peers. Despite strong support in all three parties and an overwhelming majority at Second Reading in the House of Commons, that Bill could not make progress. As it became clear that the idea of more democracy was too much of a threat for some to let a Bill such as that progress, I came to the conclusion that any plan for reform must be rather more pragmatic while retaining a clear aim and purpose.
I would hope that the parties could agree in advance of 2015 that there should be no new lists of politically appointed Peers beyond the Dissolution Honours List.
Lord Rennard
My Lords, I have no knowledge of the current list. My proposal was simply that there should be an agreement that there should be no more lists of that nature beyond the Dissolution Honours List in 2015. In the mean time, we should pledge to stop the absurd practice of the hereditary by-elections. The idea of “topping up” to keep their number at 92 is simply ridiculous. The hereditary presence in the House should therefore be ended for all but some of the most active hereditary Peers.
We should let voters elect 120 Members of the House early in the next Parliament. Such an election could coincide with the devolved elections in 2016, including in Scotland if it remains a part of the United Kingdom. Such an election could be held rapidly, as indeed Members of the Scottish Parliament and Welsh Assembly were elected shortly after the 1997 general election. Each of these Members should be elected for a single, non-renewable term of 15 years. At the same time, the number of appointments made through the Appointments Commission should be limited to 30 over the course of a five-year Parliament. That is probably enough for one Parliament. Those in both Houses who prophesied that the sky would fall in if we elect a number of Members of this House, rather than have them appointed by party leaders, will see if their prophecies prove true.
If they do not, it will be after 2020 before Parliament has to think again and consider whether to elect, say, another tranche of 120 Members in that Parliament, or whether to return to a system of patronage. In the mean time, we would be joined by elected Members who would contribute to the work of the House. Such a number could not and would not fundamentally change the character of the House as a revising “think again” Chamber. If the sky has not fallen in by 2020, the parties could agree again not to make any patronage appointments, and a further set of elections for, say, 120 Members could happen soon after the 2020 general election. At this point, the number of life Peers—by a process that it is quite hard to find appropriate and polite words to describe—will have reduced significantly.
The use of proportional representation in the elections will ensure the continuation of a healthy balance of opinion in the House, in which no single party has a majority. Those of us who believe that elections to this House can happen without a fundamental upset to the balance between the two Houses will have a chance to prove our point before further stages of election are considered, and everybody will be able to examine the evidence of such an arrangement working over time.
Lord Hunt of Kings Heath
My Lords, I, too, start by congratulating my noble friends Baroness Taylor and Lord Grenfell on their co-chairmanship of the group, and indeed all members of the group, on their work. I should inform the House that I, too, was a member of the group, although I was nominated by the leader of my party. I am not altogether confident, if I were to put my name forward for election that my colleagues would have elected me, given my views on Lords reform. None the less, it was a great privilege to serve on the group and I think we have had a very good debate indeed. It may not be the last word on Lords reform, but it seems to me to set some sensible proposals on which we could make progress. I hope the Minister will be positive in responding. In fact, I hope he might invite my noble friend Lady Royall and the Convenor of the Cross Benches for a cross-party discussion on how we might take forward some of these proposals.
A number of noble Lords have said that many decent proposals have been put forward and, essentially, the Government of the day have rejected them because they have said substantive reform is round the corner and other proposals would get in the way of it. I am guilty of that as much as anyone. Like my noble friend Lord Whitty, when I was appointed in 1997 I remember telling my wife that I would be here for only three years because by then we would have had a substantive reform Bill. Here we are, many years later. Who, hand on heart, can say that substantive reform will be with us any time soon? In view of that, the argument for incremental reform becomes much more persuasive. I was grateful for the contribution made by my noble friend Lord Richard on that particular matter.
My own party is committed to democratic reform, but we also want to see progress in dealing with the issue of the ever increasing size of the House. I have no doubt that my colleagues’ report can enable us to make a great deal of progress. The noble Lord, Lord Stephen, with some late support from the noble Lord, Lord Rennard, was a lonely champion of the 2012 Bill, in his fascinating tour round Labour Party manifestos. The problem with the 2012 Bill was that it simply did not deal with the big issue of the function and powers of this House if there were to be two elected Chambers. I have consistently voted in favour of Lords reform, but I do not think it can happen without explicit agreement about the respective powers of the two Chambers and how disputes are dealt with between two elected bodies in one Parliament. Those who have argued that that can be done say that the Lords will carry on as it currently does, but we do not use all our powers because we are not elected. If we have an elected House, it is bound to use those powers up to the limit. There you reach the problem.
I do not buy the suggestion of the noble Lord, Lord Rennard, for that reason. He accepts it may not be possible to go all the way, so he would add 120 elected Members to what we currently have. The problem with that is, the moment elected Members are added to this House, the dynamic changes. My noble friend Lord Rooker is right: there is no getting away from the fact that those who want substantive reform—I count myself among them—have to be very explicit about powers and functions.
It is good that there is general consensus about the size of the House. Not everyone agrees we should come down to 450; in particular, the noble Lord, Lord Norton, and the noble Earl, Lord Caithness, made points about that. However, it seems to me that there is a general consensus that we need to reduce the size of the House over time. This is where I should like to ask the Minister whether the Government are seriously proposing to make another long list of appointments. I can hardly believe that they will do so but I ask him to confirm, with a yes or no, whether that is the Government’s intention. Also, does he accept Meg Russell’s analysis that adopting the coalition’s formula of making the membership of this House dependent on the votes cast at the previous general election will lead to an existential increase in the size of this House and to it being completely unmanageable? My noble friend Lord Lipsey pointed out some of the consequences of what we have now.
I also challenge whether this House should be a mirror image of the House of Commons. That is essentially what would happen if you had a formula basing membership on votes cast at the last election.
Lord Wallace of Saltaire
The noble Lord may not have noticed that the House of Commons is not entirely composed on a proportional basis because of our current electoral system. Therefore, the House of Lords would not entirely duplicate the House of Commons.
Lord Hunt of Kings Heath
None the less, both Chambers would be elected based on the votes cast at the same election. I think that that would be a pretty odd formula on which to base two separate legislatures, and the more you examine it, the less it stands up.
Lord Foulkes of Cumnock
Does what the Minister has just said imply that he is about to accept the request from the noble Lord, Lord Pearson, for a large number of UKIP Peers?
Lord Hunt of Kings Heath
That would be the inevitable consequence of having a half-baked formula for deciding the size of your Lordships’ House. The Government might resist the UKIP argument for one term, but I doubt whether they could resist it long term. They have a coalition agreement and it is pretty explicit in saying what the membership of this House should depend upon.
There is one other factor that we also need to consider and it is probably one of the most important—that is, the role of this House. The noble Lord, Lord Cormack, generously recognised that we cannot be a revising Chamber unless the Government not only fear defeat but are actually defeated. However, there is a great risk that if the Government continue to appoint many more of their own Members, those defeats will become more difficult. We know that at the moment the Government have lost about 18% of the votes in this Parliament compared with 33% during the period from 1997 to 2010. This is a serious issue. The House must feel that it has the ability to defeat the Government in order to make sure that the kinds of compromises that existed when the noble Earl, Lord Caithness, was a Minister take place. I have certainly noticed in opposition that Ministers are much less ready to talk to the Opposition and to compromise. That is because the debate is between themselves and their coalition partners to the exclusion of the Opposition and other Members of the House. We have to consider that.
On the question of retirement at 80, not all noble Lords are in favour of that and some think that we should have an election among the party groups. However, being an observer of the hereditary elections, I am not entirely convinced that that is something that we ought to follow. My noble friend Lord Gordon said, in essence, that it is the least worst option, and I think that that is the best way to describe it.
There is, I think, general agreement on people having to commit themselves to the work of this House. I understand what my noble friend Lady Bakewell said—that some people with busy careers could not commit themselves in that way—but I think it is right to expect people in a legislature to devote their time to it.
There is a lot of agreement about secondary legislation. The irony is that we have an absolute veto on secondary legislation but we hesitate to use it because we are not elected. Giving ourselves a delaying power—I think that we need to pick up the issue of amendments—would give the House far greater scrutiny powers in relation to secondary legislation. Of course, when the Parliament Act was passed in 1911, secondary legislation was perhaps not as frequent as it is now, and that is the big difference in parliamentary scrutiny and accountability.
On the question of the Bishops, one treads carefully. However, like the noble Lord, Lord Cormack, I think that it is inevitably entwined with the establishment of the Church of England, the position of Her Majesty the Queen as Supreme Governor and the fact that many legislative measures that come from the church have to be approved by Parliament. I suspect that until the Church of England itself wishes to be disestablished, which I do not think can be ruled out in the long term, Bishops will continue to play a valuable role in your Lordships’ House, and we should certainly extend membership to other religions. However, this is a cul-de-sac down which I would not particularly wish to go.
There is some support for reviewing the role of the Speaker, particularly at Oral Questions. Having spent two years trying to assist the House at Question Time, I detect an emerging consensus that the Speaker’s role might be extended in that way.
My noble friend Lord Maxton made a very important point about what might be discussed in a convention. Not all noble Lords are in favour of such a proposal, but we cannot consider Lords reform in isolation from the many other pressing issues that we face in relation to the constitution, not least, as my noble friend said, in today’s era of new technologies, and also, as the noble Lord, Lord Phillips, said, in view of young people’s disengagement from politics. My noble friend Lord Maxton wants to move out of this Chamber. I can only tell noble Lords that a warm welcome awaits them in the beautiful city of Birmingham.
On the Appointments Commission, I understand the point made by the noble Lord, Lord Trimble, concerning what he described as a quango making appointments to a legislature of the UK Parliament. On the other hand, when it comes to political appointments, there is a case for some external scrutiny. However, I certainly agree with the noble Lord, Lord Norton, about protecting the independence of the Appointments Commission.
The noble Earl, Lord Caithness, raised the interesting issue of hereditary Peers and referred to the agreement of 1999, from which he quoted. I was the government Whip on the Bill at the time and I remember it well. That was of course 15 years ago and we have had three general elections since then. I say to the noble Earl that stage two of the reform has never been defined. At least in relation to the by-elections, I certainly sense that there is a consensus for those to come to an end.
In conclusion, I thank all noble Lords who have taken part. From all sides of the House they have been generous about the work of the working group and that is very much appreciated from this side. I hope that the Minister will be able at the very least to say that the Government are prepared to consider these issues and that they will invite my noble friend who is sitting on the Bench beside me and the Convenor of the Cross Benches to a meeting to see whether we can agree to take these measures further.
Courtesy Titles
Lord Hunt of Kings Heath Excerpts(10 years, 9 months ago)
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Lord Wallace of Saltaire
My Lords, that is taken care of within the Marriage (Same Sex Couples) Act 2013. I understand that exceptions have been made for this in that Act and in the earlier Marriage Act. The coalition Government and, I am sure, all parties are much concerned about the weakness of social mobility in Britain. I am not sure that we should spend too much time concerning ourselves with the subtle finesse of social stratification.
Lord Hunt of Kings Heath (Lab)
My Lords, that was a truly Conservative answer. The noble Lord has spent far too long on that Bench. My question is entirely relevant to the question of courtesy titles. Can the Minister confirm that the Government are intending to introduce yet another list of new Peers to your Lordships’ House? Can the noble Lord reassure me that that is not the case?
Lord Wallace of Saltaire
My Lords, I am not informed on the subject so I can neither assure nor reassure the noble Lord. I have asked some female colleagues in this House how much their husbands care about not having a title and a number of them have told me robustly that their husbands not only do not care but positively do not wish to have them. I am aware that a number of wives of Members of this House do not use their courtesy titles either.
Electoral Fraud
Lord Hunt of Kings Heath Excerpts(10 years, 10 months ago)
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Lord Wallace of Saltaire
My Lords, I am informed that, in practice, almost all electoral registration officers are already checking 100% of postal votes, although they are currently required by law to check only 20%.
Lord Hunt of Kings Heath (Lab)
My Lords, coming back to the point raised by my noble friend and the issue of potential impersonation at polling stations, does the Minister recognise that in some places, particularly Birmingham, there are instances in which large crowds of men gather outside schools and intimidate some voters to prevent their going into vote? Does the noble Lord agree that that is what attention should be focused on and that the police need to be advised that they should take action when it occurs?
Lord Wallace of Saltaire
My Lords, I do a lot of my politics in Bradford, as the noble Lord knows, and I am well aware of the differences between the local problems we have with the voting system. One of the reasons that the new regulations allow for police community support officers to be present in polling stations is precisely to deal with that sort of occasional outbreak of intimidation. There is, as we all know, a problem of registration fraud—ghost voters being put on the register—but, again, it is localised. As I am sure all noble Lords know, this is much more of a problem for local elections than for parliamentary elections.
Health: Birth Defects
Lord Hunt of Kings Heath Excerpts(11 years, 1 month ago)
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Lord Hunt of Kings Heath (Lab)
My Lords, I am delighted again to applaud my noble friend for raising this matter and I hope that we can look forward to a positive response from the Minister. My noble friend Lord Turnberg explained the science and it is clear that there is very credible support for my noble friend’s position. The Scientific Advisory Committee on Nutrition’s 2006 report recommended mandatory fortification of flour to the Government. That was endorsed in 2007 by the Food Standards Agency board. More recently we have all, I think, had a briefing from the British Medical Association which also supports folic acid fortification of flour. I thought that the BMA was very much to the point when it argued that the current guidance to women to take folic acid supplements has a number of limitations. As the noble Countess, Lady Mar, said it does not take account of unplanned pregnancies and, given that almost half of all pregnancies in the UK are unplanned, it is clearly an inadequate response. It is also a fact that poor compliance with the advice to take supplements means that women planning a pregnancy only marginally increase their compliance with folic acid supplement use. The noble Baroness, Lady Grey-Thompson, made some very powerful points about this and about the very hard decisions parents subsequently have to make.
Noble Lords have already dealt very effectively with the concerns that have been raised about the links between folic acid and cancer. The Scientific Advisory Committee on Nutrition, which advises the Food Standards Agency, said that the evidence in relation to bowel cancer was insubstantial and that any increase in cases could be down to improved screening. It recommended that those deemed to be at greater risk of colon cancer should receive precautionary advice on taking extra supplements containing folic acid and that the situation should be monitored. The Chief Medical Officer then requested further investigation by the Scientific Advisory Committee on Nutrition into the potential link between folic acid and colorectal cancer. The committee upheld its previous recommendation, with an amended recommendation to clarify the advice on supplement use for particular population groups.
We roll forward to January 2013, when the noble Earl, Lord Howe, told the House:
“Additional advice on folic acid and cancer risk was requested by the then Chief Medical Officer and provided by SACN in 2009. The papers underpinning the advice from SACN have not yet all been peer-reviewed and published in a scientific journal. Ministers need to very carefully consider this complicated issue and would like to see all information in the public domain before making any decision”.—[Official Report, 8/1/13; col. WA 44.]
I am a great admirer of the Department of Health, having enjoyed many happy years there, but I recognise long-grass briefing when I see it and that is the kiss of death. I hope that the Minister, if she cannot say that the Government are going to go down this route, will at least give a timetable for when the Government will make a definitive decision, or must we wait, month after month, for every single paper to be peer-reviewed? I think that that would be a great pity.
In conclusion, I shall ask the Minister a rather more general question coming back to the issue of advice given by health visitors and midwives in relation to vitamins and minerals generally. The reason I do so is that in September 2012 in another place my honourable friend Kate Green secured a Westminster Hall debate about the rise in the incidence of rickets. She talked about vitamin D deficiency across large sections of the population and quoted a study by the Clinical Effectiveness Unit at Stockport which found a surprising lack of awareness among health professionals about vitamin D across eight acute and six primary care trusts in the north-west. Only 24% of health visitors and just 11% of midwives reported having had training in vitamin D supplementation. I realise that this is a little distant from folic acid, but since the Government now put such reliance on advice given to women, does the Minister think that, as part of a wider response to the issues raised by my noble friend tonight, more needs to be done to ensure that midwives and health visitors are adequately trained in providing advice in relation to vitamins and minerals in pregnancy and before?
That is not a substitute for the action that my noble friend wants, and I very much hope that the Government will recognise that this would be the right thing to do. I hope that the Minister will be able to make a happy announcement.
Baroness Jolly
My Lords, I am telling noble Lords what I have been briefed. I am more than happy to write to noble Lords and, if they are happy for me to do so, leave the letter in the Library for everyone to check. I will also need to respond to the noble Lord, Lord Rooker, on his question regarding terminations.
The noble Countess, Lady Mar, asked about the risks and benefits, and assessing impacts, of fortification, giving due consideration to the implications of additional recommendations by SACN. We will take into account the views of the Chief Medical Officer, who raised the issue in her annual report, and of the devolved Administrations. The other point raised by the noble Countess was on ensuring that NTDs are avoided in pregnancy and on preventing vitamin B12 masking. We need to get this right. SACN considered the amount of folic acid to recommend and also recommended developing guidance on supplement use for particular population groups, along with implementing measures to monitor evidence of long-term exposure to intakes of folic acid. We are carefully weighing the benefits and risks of SACN’s recommendations and will take account of all views.
The noble Baroness, Lady Grey-Thompson, asked what foods would be considered for fortification. Currently, breakfast cereals are voluntarily fortified with folic acid in the UK. The FSA considered other foods, including soft drinks, fruit juice, milk and chewing gum, when it made that recommendation, but the consumption rate of these products is not considered to be universal across women of child-bearing age and would therefore not be suitable for fortification. Other foods were also considered. Bread was finally decided upon as the universal food as—to answer a point raised by both noble Baronesses—it is universally consumed across the population and all socioeconomic groups: more than 90% of households eat bread. Fortification of wheat flour would also include other wheat-based products such as pizzas, pastries and biscuits.
I think I have replied to several points that were raised.
Lord Hunt of Kings Heath
My Lords, will the Minister write to noble Lords—clearly the Government will have to consider this—and set out a timetable on when they will come back to Parliament with an answer?
Baroness Jolly
That sounds eminently sensible. I am happy to write to noble Lords to give them that information. I hope that I have provided reassurance—I am not convinced that I have—that the Government are committed to reaching the right decision on the fortification of flour with folic acid, doing proper justice to the work of SACN and others and ensuring that, while seeking to deliver the benefits, we minimise the potential risks. In the mean time the Government will continue to raise awareness of the need to take folic acid supplements and are supportive of all those who are raising awareness of this issue. I thank the noble Lord for securing the debate.
House of Lords: Membership
Lord Hunt of Kings Heath Excerpts(11 years, 1 month ago)
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Lord Hunt of Kings Heath (Lab)
I, too, thank the noble Lord, Lord Higgins. It has been an excellent debate. I have to say to my noble friend Lord Lea that I plead guilty as charged, although I hope that the Minister will also plead guilty. I notice that he left the Conservative Party office charge sheet, which rather disappointed me, but perhaps he just felt short of a bit of time.
I thought that the Clerk of the Parliament’s report was excellent, particularly paragraphs 36 and 37 in relation to a strengthened leave of absence scheme, including minimum levels of attendance and enforced leave of absence. Will the Minister state clearly what the Government actually intend to do to progress this? As noble Lords have said, the Leader of the House has already indicated that he is not in favour of it, but I think the House and the Committee are entitled to a proper explanation of why this should not be taken forward.
I also ask the Minister about the statement made by the noble Baroness, Lady Northover, at Question Time this morning. She made what seemed to me to be a new statement of government policy in relation to the balance between the parties. I would be grateful if he would expand on what the Minister said in the Chamber.
Thirdly, I come to the point raised by my noble friend Lady Hayman. We have what I think is a ludicrous coalition agreement policy of saying that in one Parliament the membership of the House should reflect the votes cast at the last election; clearly, we have seen lists of new Peers being announced in order to make progress towards that. Our estimate is that the Government will shortly have a political majority in the Chamber of more than 100. What is the point of it? We are a revising Chamber; if the Government cannot be defeated, revisions cannot take place. In my own experience as a Minister, as my noble friend Lady Hayman will know—
Baroness Hayman
The noble Lord is definitely my friend, but in procedural terms in this House he is not my noble friend.
Lord Hunt of Kings Heath
My Lords, I am duly dealt with on that. The noble Baroness was also a health Minister. I would have expected to lose five or six votes on any health Bill that I took through, and I took through rather a lot. This does not happen any more, and I want to ask the Government whether they expect to win every vote. Is this the intention? If it is the intention, frankly, I do not see the point of your Lordships’ House. If the Government are not defeated on a fairly regular basis, we cannot send matters back to the House of Commons and there is no point to us. I am increasingly of the view that in that scenario the only way out is to get rid of the House. I do not think that the Government realise the significance of this. We cannot revise unless the Government are defeated a healthy number of times.
We should look at other reports, as well as the Clerk’s. My noble friend Lord Foulkes has given the game away, in the sense that there is a Labour group looking at some of these issues. The House of Commons Political and Constitutional Reform Committee has produced a very interesting report, with a number of suggestions as to how we might deal with these issues. We may not agree with all of them, but I particularly draw your Lordships’ attention to recommendation 10, on determining the relative numerical strengths of party groups in the House of Lords. In the end, surely we need to have sensible discussions and reach an agreement which will enable us to get a proper balance, allow the House to do its proper job in revising, and keep the numbers at a reasonable level.
Lord Wallace of Saltaire
My Lords, this is for the first time a coalition Government and part of the issue is whether you count the entire coalition of both parties as one or as two. The Government do not have an overall majority in this House because we have a large number of Cross-Benchers. If I may say so, one of the first things I learnt when I entered this House was that if you want to defeat the Government, what you need is a speaker from each of the four main groups, because at that point the Government will recognise that they are about to lose. The noble Lord, Lord Cormack, is occasionally very good at being part of those groups which challenge his own Government. That is the way the House of Lords behaves.
Lord Hunt of Kings Heath
With respect, my Lords, there is one Government and the numbers are clearly added together in your Lordships’ House. I should like to put a question to the Minister. What would happen in 2015 if the Labour Party were to win the general election with a majority? It would be faced with a majority of 100 Conservative and Lib Dem Peers over the Labour group in your Lordships’ House. There would then be a dissolution list, to which I assume both Mr Cameron and Mr Clegg would contribute. What advice would the noble Lord give to a Labour Government about the number of Peers they should appoint?
Lord Wallace of Saltaire
My Lords, we are getting into very difficult constitutional questions here. Again, I have heard discussions about this among some of my noble friends. A Labour Party that wins a majority of seats in the House of Commons on perhaps 35% of the vote and a 60% turnout raises the question of whether that is really a majority or not.
Lord Wallace of Saltaire
We need some quiet discussions among the parties and I am glad to hear people suggesting that what we need is another committee. I am sure that the noble Lord, Lord Hunt, would love to serve on another committee looking at some aspects of Lords reform; he has a great appetite for it.
English Premier League Football
Lord Hunt of Kings Heath Excerpts(11 years, 4 months ago)
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Lord Hunt of Kings Heath
My Lords, I speak as an occasional supporter of Forfar Athletic and as a season ticket holder of Birmingham City. The noble Lord, Lord Birt, talked about the joys. Supporting Birmingham City mainly teaches you to come to terms with the disappointments of life—except for one game against the Arsenal.
It is a great pleasure to take part in this debate. I have no doubt that the noble Lord, Lord Bates, is right that we should celebrate the magnificence of the Premier League. The excitement is clearly palpable; the statistics quoted by the noble Lord are indeed impressive. I have no doubt that he is right about the contribution that it makes to the image of our country and to its coffers. He is right, too, to celebrate some of the successes. However, there are also some downsides and I thought that some of the points put to the House by my noble friend Lord Lipsey were very pertinent.
I share with a number of other noble Lords real concerns about issues to do with governance in football that go beyond the Premier League to other league clubs as well. I commend the fantastic work in this area of Supporters Direct. Its concern is that so many sports clubs are being put in jeopardy because of vested interests, poor financial management and inadequate standards of governance. This has been backed up by the CMS Select Committee, which has done some magnificent work in this area. It has real concerns about the ownership of clubs and about the fact that the ability of league authorities to investigate ownership issues seems to be very limited and at risk.
The Select Committee found, for instance, that while the Premier League was able to invest more in procedures and specialist assistance to find out the identity of the ultimate owners of some of the clubs, the Football League was not in such a good position, relying only on information provided by the clubs themselves which is then checked against records in the public domain. Remarkably, neither league is prepared to provide to fans the information that it holds and put it in the public domain.
I mention this because it is extremely relevant to the plight of two clubs in the West Midlands. They are not in the Premier League at the moment—so I hope that the noble Lord will forgive me—but they have been and aspire to be again, although when is a matter of some conjecture. I refer noble Lords to Coventry City, who won the FA Cup, remarkably, some years ago. On Saturday, thousands of supporters marched through the city centre protesting at plans for the club to play its home games at Northampton Town, 30 miles away. No wonder the fans are angry at the contemptible way in which they have been treated by the club owners. I refer noble Lords to a debate in the other place on 12 March in which Mr Bob Ainsworth raised this issue and talked about the financial difficulties of Coventry City. He said:
“Five years ago, when it had lost its ground … and most of its assets, the club was sold to the hedge fund Sisu … Sisu specialises in acquiring distressed assets, and under Sisu the club’s ownership is multilayered, opaque and partly offshore in the Cayman Islands”.—[Official Report, Commons, 12/3/13; col. 63WH.]
It is clear that the interest of supporters is right to the last as a priority.
My own club, Birmingham City, is owned by a holding company based in Hong Kong and registered in the Cayman Islands. We have a major shareholder, Carson Yeung, who is at the moment on trial in Hong Kong on charges of £60 million of money laundering. The holding company, Birmingham International Holdings, was censured by the Hong Kong stock exchange for breaching rules in September 2012. There have been major delays in presenting the audited accounts of the club. Very recently, the Birmingham Mail reported that the parent group of Birmingham City has been told to demonstrate its plans to sell the club or it will not be allowed to trade on the Hong Kong stock exchange again. Stock market chiefs demanded to know what plans Birmingham International Holdings Ltd had for the club and how it was going to deal with “management integrity concerns” regarding Mr Yeung, who, as I have said, is now standing trial for money laundering.
While this dreadful ownership problem has been going on, the club has been relegated, the players have been sold and there is real concern about the future. The supporters, who turn up through thick and thin—or thin and thin, as it sometimes is—seem to be considered least. They are the heart of the club yet they are treated with absolute contempt by just about everyone concerned. What are the football authorities doing about this? Can one turn to the authorities to intervene? The answer is no. They do not intervene and they do not disclose information about ownership. They do not seem to respond to the needs of the supporters at all.
What is the Minister going to do about Birmingham City? More generally, the Select Committee recommendations are right in relation to ownership and the involvement of supporters on the boards of clubs in the future. The Minister for Sport has made some excellent responses to this issue but the football authorities are completely unable to govern themselves. That has been staring us in the face for years. I do not want to see statutory regulation in sport but in relation to football they are not going to be able to sort it out for themselves. They cannot see that their interest, first and foremost, should be the supporters or the interest of the national team. I am afraid that the time has come for statutory regulation.
Civil Service: Permanent Secretaries
Lord Hunt of Kings Heath Excerpts(12 years ago)
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Lord Hunt of Kings Heath
To ask Her Majesty’s Government whether they accept the advice of the Civil Service Commission that the final decision in the appointment of Permanent Secretaries should be made by a selection panel independent of ministers, to safeguard a non-political civil service.
Lord Wallace of Saltaire
My Lords, in view of some of the exaggerated comments in the press in the last few days, it is perhaps best if I quote the statement by the First Civil Service Commissioner earlier this week:
“We agree that Ministers should have significant influence on the appointment of senior civil servants with whom they work closely; and, as more senior jobs are opened up to competition, we have developed a more active role for Ministers in top appointments than is generally understood”.
In paragraph 8 of the accompanying explanatory note on Recruiting Permanent Secretaries: Ministerial Involvement, it says:
“Under the terms of the Constitutional Reform and Governance Act 2010 the final decision whether or not to appoint the recommended candidate rests with the Prime Minister”.
Lord Hunt of Kings Heath
I am sure that the House is grateful to the noble Lord for reading extracts, but he has been rather selective. The fact is, his right honourable friend Mr Maude is essentially bullying the Civil Service Commission and threatening new legislation in order to give Secretaries of State the power to appoint Permanent Secretaries. Why are the Government going down that route? Do they not accept that it puts the political neutrality of the Civil Service at peril?
Lord Wallace of Saltaire
My Lords, we do not. I quote the right honourable Jack Straw, who said:
“I welcome his proposals for greater involvement by Secretaries of State in the appointment of their permanent secretaries”.
He went on to say,
“in each of the three permanent secretary appointments that I made”—
that is, Mr Straw—
“in the Home Office, the Foreign Office and the Ministry of Justice—I insisted that there was a shortlist of at least three candidates from which I should choose. There was not the least allegation that I had acted in a partisan or cronyist way”.—[Official Report, Commons, 19/6/12; col. 749.]
House of Lords: Appointments
Lord Hunt of Kings Heath Excerpts(12 years, 2 months ago)
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Lord Hunt of Kings Heath
To ask Her Majesty’s Government whether further appointments to the House of Lords are expected to be made during the remainder of the current Parliament.
Lord Wallace of Saltaire
My Lords, any appointments will continue to be made in line with the commitment in the coalition programme for government to reflect the share of the votes secured by the political parties at the most recent general election.
Lord Hunt of Kings Heath
My Lords, yesterday the Leader of the House, the noble Lord, Lord Strathclyde, made it clear that, regrettably, he and the Government will not support the Bill of the noble Lord, Lord Steel, in the other place. Given that, and given the size of this House, is the Minister really saying that the Government are determined to make dozens more appointments, to increase the size of the House and to shore up the political majority of the Government? Surely not.
Lord Wallace of Saltaire
My Lords, the idea that we are packing the House with coalition Peers is a little idiotic. Of the 122 appointments made since May 2010, nearly one-third, 39, have been Labour Peers. That is not packing the House on one side. The largest group in the House remains the Labour Benches.
One of the ways in which we wish to maintain a vibrant House is to refresh the House from time to time. The committee on retirement has proposed that the statutory retirement scheme is now available. We regret that only two Peers have so far availed themselves of it. However, 20% of this House is now over 80 and, as we know that life expectancy in this House is very good, we encourage others to consider that scheme.