(4 years ago)
Lords ChamberThe noble and gallant Lord identifies a number of significant issues. The unique attributes of the carrier strike group mean that it can provide a global presence wherever the Government require it. The carrier and its supporting ships and aircraft can be configured to support a range of joint operations. We enjoy good relations with the parties to which he has referred and we see our purpose as a global influencer. We will do what we can that is in the best interest of upholding law and setting a good example.
My Lords, if the “Queen Elizabeth” is to be deployed as planned, with all the necessary and vital support, what are the implications for our flexibility and speed of response, and for the role that must be played by the Royal Navy in such a response, if something arises elsewhere in the world? Will we become a bit tied and muscle-bound by where we are down there if we do not have the flexibility to respond elsewhere?
I reassure the noble Lord that the deployment of the carrier strike group 21 does not leave the Navy short-handed for other priorities. The Royal Navy has sufficient ships and submarines to meet its global commitments.
(4 years, 1 month ago)
Lords ChamberI join the noble Lord in paying tribute to the contribution from the Sikh community within the Armed Forces. They have been an inspiration, and our debt to them is immense. As for the particular circumstances confronting Sikh personnel within Afghanistan, the noble Lord will be aware that the UK Government maintain a presence in Afghanistan. Principally, our support there is provided to those who were former Afghan interpreters, but he makes an important point.
My Lords, does the Minister agree that all the messages of good will and good intent are wearing a little thin? The fact is that, at the moment, those who want to remain must still pay £10,000 or more for a visa. Furthermore, there have been some pretty disturbing cases of, for example, a veteran being asked to pay a £50,000 bill to the health service for the removal of a brain tumour. These people served our country; we need to act fast and convincingly to demonstrate that that will never be forgotten.
Let me reassure the noble Lord that the contribution made by service personnel from the Commonwealth and from Nepal is certainly never forgotten or overlooked. As I said earlier to the noble Lord, Lord Touhig, the issue is technically complex. I cannot comment on the specific case that the noble Lord mentions of Mr Ratucaucau. That is a sad and unfortunate case, but it is currently the subject of legal proceedings and it would be inappropriate for me to comment further. However, I reassure the noble Lord that it is recognised that there is an issue, the department is cognisant of that and the matter is being actively investigated.
I thank my noble friend for his comment. He is right that this structure pivots on the duality of one country, two systems. It is fundamental to the structure of the joint declaration. We monitor what is happening. He will be aware that in the recent six-monthly report to Parliament, my right honourable friend the Foreign Secretary said:
“It is very welcome that in the areas of business and the independence of the judiciary, the ‘One Country, Two Systems’ model is working well. However, I am concerned that on civil and political freedoms, Hong Kong’s high degree of autonomy is being reduced”.
I can reassure my noble friend that the UK Government represent their concerns consistently.
Does the Minister not agree that this sad situation is symptomatic of the reality of the political situation in China: that, as well as justice issues, this raises the most profound human rights issues, so it is high time the Government made a statement on how they reconcile their commitment to human rights in foreign policy with their economic relationships with China?
I can assure the noble Lord that we do it frequently, robustly, through the normal diplomatic channels and at the United Nations.
First, in relation to the report to which the noble Lord referred, the Government will consider and respond to it. The report is of a fairly recent vintage and I do not think that it would be reasonable to expect the Government to respond fully in the relatively short period of time which has elapsed. On his specific question about an envoy, which was one of the recommendations made in the report, I observe that in the past fortnight the Prime Minister and the Foreign Secretary have personally pushed the international community to put its full weight behind the UN-led peace process and to do more to address the terrible humanitarian crisis. What the Prime Minister announced yesterday is very much an example of Britain putting its money where its mouth is.
My Lords, the Question refers to the political solution, which obviously must be in the best interests of the people of Yemen. Does she agree that the problem here is that any part we want to play in bringing about a legal solution is being severely undermined because our credibility is totally in question as the result of our obstinate continuation, for the time being at least, of arms exports to Saudi Arabia? Do the Government take a minimalist or a proactive approach to the European code of conduct on arms sales? Has the time not come to have a policy in Britain that we says we promote arms sales only where they are conducted with our close allies or where we are certain that we can make a specific contribution to establishing peace and stability across the world?
Successive Governments have had to contend with the challenges of a regime and an arms treaty which govern the sale and export of arms by this country to other states. It is a regime which this Government take extremely seriously. Each licence application is rigorously assessed against the consolidated EU and national arms export licensing criteria which require the Government to think hard about end use and the capability that the exports will provide. The Government will not grant a licence if to do so would be inconsistent with these criteria.
(6 years, 6 months ago)
Lords ChamberMy Lords, let me say that the Bill does not in any way alter the Government’s long-standing commitment to proper consultation, a concern articulated by the noble Baronesses, Lady Young of Old Scone and Lady Jones of Whitchurch.
Amendment 64 would effectively place a statutory requirement to consult, for a period of three months, on all legislation which will affect EU-derived domestic legislation, whether from the Bill or elsewhere. This would effectively reduce the time available to prepare the regulation by three months. I suggest that that could be profoundly undesirable. As we have previously detailed in this House, departments are keen to engage with stakeholders on current matters and on the progress of the negotiations, and will continue to do so where this is possible and where it does not negatively impact on the negotiations in any way. To be fair, I think that the noble Baroness, Lady Young, did acknowledge that.
The consultation process requires resources and time from government and stakeholders. To be frank, we want to focus the energies of those inside and outside government on the most important measures, rather than having them occluded by the sheer volume of consultations on minor matters that could arise under these amendments. I appreciate the concerns that we have heard throughout this debate, but I hope the House will accept at the least that a great many instruments will be technical and minor and designed to ensure continuity. A specific legal requirement to consult, as the amendment envisages, could affect our negotiations with the EU by forcing our legislative plans to pre-empt those discussions. It also risks consulting on a legislative proposal that does not accurately take account of ongoing negotiations.
The noble Baroness’s amendment focuses on the legislation we have made in the UK to implement our EU obligations and the changes that might be made to that legislation in the period immediately after our exit from the EU. This is a point I know many are concerned by and I know that some noble Lords have not yet been completely satisfied by the Government’s commitments on the protections that will apply to that legislation. The noble Baroness, Lady Young, referred to the government amendments: the amendments to Schedules 7 and 8 will ensure that the exercise of the powers under the Bill are transparent to Parliament and to the wider world. Indeed, our provision in Schedule 8 will also go further than the 2021 deadline in the noble Baroness’s amendment and will require, for all time, Ministers making amendments by powers in other Bills to explain any changes they make to regulations made under Section 2(2) of the ECA and set out the good reasons for them. These statements will have to be laid before Parliament and will have to explain the impact of the amendments and any relevant law, including EU law.
It is clear from this that there will be no evading transparency when future Governments divert or update the legislation they will inherit from our EU obligations. I say to the noble Baroness, Lady Jones of Whitchurch, that I think that that is a formula for very robust parliamentary scrutiny. I hope the noble Baroness understands why the Government cannot accept this amendment.
My Lords, the noble Baroness has referred to the fact that many matters will be minor and technical. This is exactly the point. What may seem minor and technical to administrators and government may be very big issues indeed for some of those who will be affected, particularly in the environmental sphere, and whose co-operation in making a success of whatever is being done is vital.
I also ask the Minister: is it not true that the whole point about so many environmental issues is that they cannot be resolved within the context of the UK alone, but have an international dimension? Fisheries is a very good example. It is for that reason, which plays right into the community here, that we have to be very careful about referring to things as “minor” or “technical”. Sometimes they are life-and-death matters to people who really are on the front line.
The noble Lord makes a perfectly valid point, with which I have some sympathy, but I am endeavouring to deal with the points raised by the noble Baroness, Lady Young of Old Scone, in the context of her amendment. I am pointing out that it is not that there will not be consultation or robust parliamentary scrutiny. There will be an opportunity for parliamentarians in both Houses to identify the very sorts of concerns to which the noble Lord has referred.
I have set out the Government’s position. I hope the noble Baroness understands why the Government are unable to accept this amendment, and I urge her to withdraw it. I confirm that the Government do not propose to reflect further on this issue between now and Third Reading, so if she wishes to test the opinion of the House, it would be appropriate to do that now.
(6 years, 7 months ago)
Lords ChamberMy Lords, I strongly associate myself with what my noble friend just said, which is why my name is on his amendment.
I cannot say how glad I am to see this amendment from the noble Baroness, Lady Brown, and the noble Lord, Lord Deben, on the Marshalled List. It would be a sad day if, in our preoccupations, we were so absorbed with the constitutional and legal dimensions of the issues before us that, by default, we let go of our responsibilities as guardians of our natural and environmental inheritance and our responsibility for what we bequeath future generations. I am therefore fully behind the main amendment we are debating. My own amendment deals with a special aspect: biodiversity. Just this morning, the urgency of the situation was clearly brought home when we were reminded that the recent report on the state of the world’s birds shows that one in eight bird species is threatened with extinction. That includes puffins, snowy owls and turtle doves.
The role of the European Union has been important. The Joint Nature Conservation Committee put it clearly, as I explained in Committee. It said:
“The EU plays a crucial role in developing policy and legislation to protect the environment and meet its objective for sustainable development. The EU has specific targets for biodiversity conservation with legislative protection for key habitats and species … The EU and global biodiversity targets are partly delivered through a range of legislative measures, which place obligations on Member States to protect biodiversity and the natural environment. The EU and Member States have shared legal competence—shared responsibility—in forming and implementing legislation for the environment”.
As I said, the committee makes a third point about,
“the great importance of the directives on the conservation of wild birds and on the conservation of natural habitats and wild fauna and flora”.—[Official Report, 7/3/18; col. 1130.]
Can I just for a moment put some flesh on the issues before us? To give one important example, the balance between trees, pests and pathogens is fragile and vigilance is needed to monitor and correct imbalances where they occur before they reach an irreversible state. Invasive non-native species and pests can be at an advantage in new environments where trees have not evolved alongside them and developed the necessary biological defences or cultivated the necessary predatory species. Where this happens, the results can be devastating economically and ecologically. Trees are important in their own right and are the foundation of pieces of woodland, providing a scaffold for entire ecosystems. Beyond woods themselves, they are a vital connective habitat for numerous species to move through in response to other drivers of change, such as climate.
Through European Union membership as it stands, we already have free-flowing information sharing with our fellow member states in the area of biosecurity. These connections should surely be maintained and indeed strengthened, not least because human agency is often the cause of tree pests and pathogens moving to new areas. If we are to protect the UK from future threats—
I thank the noble Lord. I think the House would welcome specific attention to the amendment in the context of his remarks.
With great respect, I am, of course, speaking to my own amendment. If we are to protect the UK from future threats, such as emerald ash borer, then we need to maintain existing protective measures. The issues before us cannot be overemphasised and all I want is that we get an absolute assurance from the Minister that whatever happens in terms of the withdrawal Bill, we will have the same safeguards and certainty that is beginning to be generated by the international co-operation we have been achieving under the European Union.
(6 years, 8 months ago)
Lords ChamberThe noble Lord would not expect me to be able to deliver specific information on figures. That would be unreasonable, but he knows that the Government fought an election on a manifesto commitment to replace the cohesion policy. I am outlining the structures on which the Government propose to base replacing that cohesion policy. I am trying to outline how that strategy has been constructed to have regard to the whole of the United Kingdom and to deal with the issues about which the noble Lord has expressed concern in his amendment.
The noble Baroness says it is unreasonable to expect figures, and there is a certain amount of sympathy with her on that. However, is she really telling us that she cannot guarantee that any projects in train, those planned on the basis of agreements, or any undertakings will be fulfilled?
I heard what the noble Lord said and I am coming to that; I hope what I am about to say will reassure him. I am explaining what the new proposals and structures are in order to give some context to my response to what is a very important amendment. The amendment also refers to rural areas. The Committee will be aware that my noble friend Lord Gardiner is the Government’s rural ambassador. He is working to ensure that government policy is addressing the challenges faced by rural areas. The House will recall that the noble Lord, Lord Cameron of Dillington, carried out a review in 2015 on the effectiveness of the Government’s rural-proofing policy, to which the Government responded. They have taken action based on his recommendations. That now includes practical guidance published by Defra to ensure that government departments make rural issues a routine policy consideration.
Looking beyond England, the devolved Administrations obviously have responsibility for rural policy, and I know that Scottish and Welsh Ministers will be thinking about how to ensure that their own policies and initiatives reflect the needs of rural communities. The Government’s industrial strategy and other existing policy initiatives therefore already cover the areas covered by the EU cohesion policy, which the noble Lord’s amendment seeks to preserve.
My Lords, in diplomatic affairs a balance must always be struck. Those Members of the Chamber who have found themselves in government here and in other Administrations acknowledge that difficult balance. Saudi Arabia is an important ally of the United Kingdom. It is in our interest to support Saudi Arabia in its efforts to tackle regional challenges and create more stability. That helps to keep us safe both at home and abroad. We should not forget that intelligence we received in the past from Saudi Arabia has potentially saved hundreds of lives in the UK. Saudi Arabia is an important ally. That does not gag or inhibit us from expressing our strongly held views about abuses of human rights or deployment of the death penalty.
My Lords, the noble Baroness said that one of the Government’s objectives is to have Saudi Arabia in alliance in order to promote stability in the region. The threat to stability is extremism. The ultimate battle against extremism is one of hearts and minds. How can this sordid, uncivilised behaviour possibly help in the battle for hearts and minds? Is it not time for us to reassess the balance in our policy towards Saudi Arabia?
I thank the noble Lord for his question. He clearly feels passionately about the issue—as do many. As I said earlier, the difficult issue is always to preserve balance in the conduct of international affairs and diplomatic relations. We condemn the use of the death penalty. We condemn the abuse of human rights. We have made our views clear and continue to make them clear to Saudi Arabia. There are other areas where we think it is better for the United Kingdom to engage with Saudi Arabia and have dialogue. As I said earlier in response to the noble Lord on the Cross Benches, in that way we not only perform a service to the United Kingdom but also preserve an arena of influence in order that we may try to convey to Saudi Arabia the sort of emotions and sentiments expressed this afternoon in the Chamber. Saudi Arabia will understand the potency of these feelings.
(7 years, 10 months ago)
Lords ChamberMy Lords, the suggestion of an independent review bears very serious consideration. A very difficult issue confronts us on the matter raised in this amendment. In the considerable amount of time that the House has spent in recent years on issues of security, one thing that has always concerned me deeply is the dividing point between essential action and what in fact begins to be counterproductive.
We have to approach the issue of how universities play their part in the security of the nation by considering the danger of fostering extremism and unacceptable views by heavy-handedness or the appearance, however far from reality it is, that universities are acting as agents of the security services. If that perception gains ground, it will certainly provide more potential recruits for extremism and unreasonableness in the student community. I do not dissent, with the evidence of anti-Semitism and hostility to Islamic people, from the view that urgent action by the state is necessary. Security is the responsibility of the state and universities must play their part within the law and vigorously ensure that they uphold it—of course, that is right—but when we start using words such as “prevent”, I think myself into the position of young students discussing issues and saying, “What the hell is going on? Is this university really a place where we can test ideas?”. We must have self-confidence in the middle of all this; we must not lose our self-confidence. The whole point of a university is that we encourage people to think and develop their minds. Therefore, it is a very good place to bring into the open the most appalling ideas that some people have, so that they can be dealt with in argument, and the rationality and decency of most people can prevail. They are places where what is advocated may be argued against effectively and where those arguments may be demonstrated. If there is any move towards preventing such opportunities to take head on in the mind the issues which threaten us, we will be in great danger of undermining our security still further.
I said in an earlier debate, and I mean it profoundly, that the battle for security in the world must be won in hearts and minds. It will not ultimately be won by controls; it will be won by winning the arguments. If the opportunity to win the argument is not there in universities or begins to be eroded, what the dickens are we doing in terms of undermining our own security?
My Lords, the threat we face from terrorism is unprecedented and very real. In addition to the framework of the criminal law, we must have a strong and robust preventive element to our counter-terrorism efforts. We must collectively help in the fight against terrorism and try to protect those who may be vulnerable or susceptible to radicalisation towards acts of terrorism.
I want to make it clear that HE providers are not being singled out as the potential cause or root of radicalisation. Responsibilities under this duty have also been placed on schools, hospitals, prisons, local authorities and colleges, and other institutions which regularly deal with people who may be vulnerable to the risk of radicalisation. In higher education, the Prevent duty exists to ensure that providers understand radicalisation and how it could impact on the safety and security of their staff and students.
I thank the noble Baroness, Lady Deech, for her helpful, informed and powerful contribution, which was cogently authoritative. What the Prevent duty does not do is undermine free speech on campus. Higher education providers that are subject to the freedom of speech duty are required to have regard to it when carrying out their Prevent duty. This was explicitly written into legislation to underline its importance both as a central value of our HE system and of our society.
The Higher Education Funding Council for England, the body responsible for monitoring compliance with this duty in England, reports that the large majority of institutions have put in place clear, sensible policies and procedures that demonstrate they are balancing the need to protect their students and their obligations under Prevent, while ensuring that freedom of speech on campus is not undermined. We have seen higher education institutions become increasingly aware of the risks to vulnerable students and there have been some really good examples across the sector of how to proportionately mitigate these risks.
On the whole, the higher education sector is embedding the requirements of the Prevent duty within its existing policies and procedures. It gets ongoing advice and support both from HEFCE and from our own regional Prevent co-ordinators. There is a wide range of training available to staff in HE and there is an ongoing dialogue between the Government, the monitoring body and the sector to ensure that the implementation of this duty is done in a pragmatic way.
It is also important to note that this amendment has another consequence because it seeks to disapply the Prevent duty not only in relation to English higher education providers but in relation to Scottish and Welsh institutions. That would require the consent of the Scottish and Welsh Ministers.
We welcome discussion about how Prevent is implemented effectively and proportionately, but blanket opposition to the duty is unhelpful and, dare I say it, dangerous, given the scale of the terrorist risk before us—the threat level currently stands at severe. The Prevent duty is an important element of our fight against the ever-increasing threat of terrorism. We must have an efficient strategy for trying to prevent people being drawn into it. On this basis, I very much hope that the noble Lord will feel able to withdraw Amendment 466.
(7 years, 10 months ago)
Lords ChamberMy Lords, I shall speak to the government amendments and wait to hear from the noble Lord, Lord Judd, before responding to his amendment. These government amendments relate to the various appeals processes contained in the Bill in relation to a decision by the OfS to deregister a provider, impose a monetary penalty, vary or revoke degree-awarding powers or revoke a university title. The amendments address points of inconsistency and are intended to ensure a smooth and clear appeals process. I emphasise that the amendments clarify and put beyond doubt various procedural points, including that no decision can come into effect while any appeal, including a further appeal, can be brought or is pending; that a provider may appeal against the decision itself, the date on which it comes into effect or both; and that a provider may appeal, in relation to degree-awarding powers and university title only, the exact sequencing of a decision, an appeal and any order which brings the decision into effect. These amendments further align the various appeals provisions across the Bill. They are not a change of policy but simply to try to iron out inconsistencies. I beg to move.
My Lords, I am very interested to find my amendment surrounded by government amendments, and I am not quite sure whether to interpret that as good will from the Government towards my amendment or what. Due process sounds an awfully boring phrase, but it is often terribly important. My amendment is very brief and to the point and is about due process. I should remind the Committee that I am involved in the governance of three universities—the LSE, the University of Newcastle and the University of Lancaster. The rights to appeal in the Bill are somewhat patchy. In particular, there is no right to appeal against a decision not to register an academic provider or to challenge the suspension of registration. Decisions over the registration, suspension or deregistration of academic institutions represent significant examples of the exercise of discretionary power by the Office for Students. It seems only right that in the exercise of these powers the Office for Students is properly accountable, and my amendment seeks to ensure that. It is not right that it should be accountable to an appeals process for decisions about removal from the register and yet will not have the same accountability for decisions to suspend or not to register. This conforms to the norms of public law that bodies should be properly accountable.
(7 years, 10 months ago)
Lords ChamberMy Lords, I thank your Lordships for your contributions. This has been interesting and, by way of general introduction, I listened with interest to the broader electoral point raised by the noble Lord, Lord Campbell-Savours. However, as this amendment deals specifically with students and young people, perhaps he will understand if I deal specifically with that aspect.
The Government fully share the aim of increasing the number of younger people registered to vote, as part of creating a democracy that works for everyone. This is an important subject but, although we support the overall aim of this amendment, we do not believe that placing a prescriptive, statutory duty on all HE providers is the best or most appropriate way to deliver that aim. Let me explain.
The Government have already shown their commitment to ensuring that students are registered to vote by supporting, and contributing financially, to the pilot project integrating electoral registration with student enrolment at the University of Sheffield. I commend those behind this successful pilot, which produced encouraging outcomes, as the noble Lord, Lord Stevenson, indicated. I am pleased to note that many providers are already implementing this system voluntarily, such as the University of Bath—the university of the noble Baroness, Lady Royall—Sheffield Hallam University, Cardiff University, the University of Birmingham, Coventry University, Lancaster University, Manchester Metropolitan University and Newcastle University. Other providers are looking at this of their own volition and we anticipate that more will choose to do so this year. To encourage take-up of this system, or at least of one of the other models which institutions deem most appropriate, we have committed to write out to other HE and FE providers later this year.
With many universities already embracing this system, we expect and are confident that many more will do so voluntarily, which we believe is the right approach. Let me reassure the noble Lord, Lord Storey, that we are looking at the University of Sheffield scheme to fully evaluate it and ensure that it is fit for purpose before we share the outcomes and encourage wider application. We will continue to work closely with sector partners, the Electoral Commission and the Association of Electoral Administrators to evaluate and share the outcomes from this and other schemes, and to consider other solutions for areas such as London where this system is impractical to deliver.
There will obviously be an administrative burden associated with such a system as used by the University of Sheffield. Larger providers may have the resources to accommodate the introduction of an integrated voter registration system, and to absorb the costs of such an arrangement, but I hope the Committee will agree that it is not appropriate to include such a mandatory condition in the Bill. The conditions of registration in the Bill are primarily to provide proportionate safeguards for students and the taxpayer, and to take forward social mobility policies. The imposition of other mandatory conditions risks undermining this proportionate approach to regulation, which is a key element of the system. This is a deregulatory Bill from a deregulatory Government.
Moreover, it is not a case of “one size fits all”. Providers should be able to choose from this or other options, such as the one used by De Montfort University, which offers students the opportunity to register automatically when logging into their student intranet. In places such as London, with its 33 boroughs, there are major issues to contend with, such as students with a term-time address in a different registration area from their university, which makes this system impractical to deliver for electoral administrators.
It must be for HE providers, working in partnership with their students and electoral registration officers—the acknowledged experts in registration—to determine how best to increase student registration. Yet this does not mean that we cannot do more to encourage registration. The Government are also looking at modernising and streamlining the annual registration canvass. Impacts on students from the current process will be picked up as part of the modernising electoral registration programme. We are also considering other options to increase student registration, including as part of the Government’s democratic engagement strategy. We expect to set out more about this later on this year.
The noble Baroness, Lady Garden, referred to the Cabinet briefing note, a copy of which I have in my hand. I confirm to your Lordships that we will circulate a copy to all Peers and will place a copy in the House Library. The noble Lord, Lord Stevenson, raised the issue of including local electoral registers in university areas. According to YouthSight, 60% of students actively choose to be registered at their home address. That is their choice, but it means that underregistration is not perhaps such a material issue—students simply elect to register elsewhere.
Although the Government fully support the aim of increasing student voter registration, we do not believe that this amendment is the most effective or appropriate way of meeting that objective. In these circumstances, I suggest that the amendment be withdrawn.
The noble Baroness made the point that a growing number of universities are, of their own volition and initiative, taking action in this area. That is something to be admired and is absolutely right, but democracy is immediate and in the meantime there will be elections. Are we really accepting a situation in which there will be two opportunities available—one where universities have chosen to enhance the quality of democracy and another where they have not? There is some urgency on this matter, and I do not think that the Minister, on reflection, will really believe her own argument.
With all respect to the noble Lord, Lord Judd, I do not think anyone is suggesting that there is a desert of electoral registration by students. Everyone is agreed on the importance of ensuring that as many as students as possible register to vote and that they are encouraged to do that. The distinction we have to draw in securing that objective is whether putting something into this Bill and making a mandatory provision is proportionate and the best way of achieving that aim. As I have just explained to your Lordships, the Government feel that that is neither appropriate nor the best way to achieve that objective. That is why we invite the noble Lord, Lord Stevenson, to withdraw the amendment.