EEA Nationals (Indefinite Leave to Remain) Bill [HL]

Lord Kennedy of Southwark Excerpts

2nd reading (Hansard): House of Lords
Friday 19th July 2019 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I welcome the Bill proposed today by the noble Lord, Lord Oates. I also agree with the noble Lord, Lord Cormack, that this could have been fast-tracked through this House as other legislation has been and it is shameful that we have not made that generous offer that so many of us talked about in this debate. We live in hope that the new Prime Minister will listen to this debate and act swiftly in the next couple of weeks.

The noble Lord sent his best wishes to my noble friend Lady Hayter, who I count not just as my noble friend but as a dear friend. I first met my noble friend Lady Hayter in the early 1980s, when we were both active in the Labour Party in London. She has had a distinguished career outside this House—a considerable amount of it in and around the labour movement, including working in Europe for many years and as general secretary of the Fabian Society. I also worked closely with my noble friend when she served on the National Executive Committee of the Labour Party and as chair of the Labour Party, which she was very proud to be. At that time, I was the director of finance for the Labour Party and part of the senior management team. Towards the end of Governments, they become unpopular, money gets tight and the party membership goes down. My noble friend and other colleagues in my team worked to ensure that we got through some very difficult days, making sure that the party continued to function properly. The party owes my noble friend a great debt of gratitude for all she has done.

My noble friend is also one of a small group of Labour and Co-op Members of the House of Lords—about 18 of us. I do not know whether noble Lords know this, but the whole leadership of the Labour group here is all Labour and Co-op—the Opposition Leader, the Opposition Chief Whip and the deputy are all Labour and Co-op. The Co-op Party is very proud that the leadership of the Labour Peers are all Labour and Co-op. I am delighted that she remains Deputy Leader of our group. She was re-elected unanimously only last month and I wish her a speedy return to the Front Bench, where she enjoys the support not just of our party but of noble Lords across the House. I am delighted to be here today but I am not looking for any more jobs on this side. The worst day was when there were three government Statements from three Ministers and it was always me responding. I said, “Carry on, it’s me again”. I have more than enough jobs on this side of the House and I look forward to my noble friend being back soon.

I agree with the noble Baroness, Lady Hamwee, that it is likely that this measure will get only this far in parliamentary proceedings. We will have the new Prime Minister next week and we are already hearing reports of a Queen’s Speech and attempts to shut Parliament down, so I fear that the Bill make no more progress. That is regrettable. The Bill has much merit and should be supported.

I think we would also agree that, no matter which way one voted, Brexit has been a total car crash—a shambles in terms of delivery from day one. It does not matter how you voted; it is an utter shambles. I have lost count of the number of ministerial resignations that can be attributed to Brexit—there was apparently another a couple of days ago. They just come and go now and hardly get reported in the media. It used to be a matter of news on the BBC that a Minister had gone but that does not seem to happen any more. We have been left a laughing stock around the world.

The Bill is simple and straightforward and provides for EEA nationals who are resident along with their families on the date of exit of the EU the right of abode here in the UK. It is important that the noble Lord, Lord Oates, reminded us of the pledge made by Boris Johnson, Michael Gove and Priti Patel, and his Bill simply enables them to honour the pledge they made. I also associate myself with the comments of the noble Baroness, Lady Altmann. It is a question of honour and of trust. It is a question of behaving properly and of our standing in the world. I also associate my comments with those of the noble Earl, Lord Attlee, as I do with those of every other speaker in today’s debate.

The Government have their scheme, which is better than when it started out although not by much. I welcome the decision to scrap the fee, taken a few months ago. But as the noble Earl said, the scheme has many flaws and risks seeing many people left in a precarious position. The noble Earl set out those flaws. I understand that the right of abode is different from settled status and indefinite leave to remain, but my biggest concern is the risk that we could have another Windrush-type scandal at some point in the future. I am sure the Minister will tell us that that will not happen and we should not worry: it will all be fine. But none of us can predict the future. All we can do is look at the past and the record, as a pointer of future outcomes. If we do that, the prognosis is not good.

The right reverend Prelate the Bishop of Rochester was right when he said that the Bill has fairness and simplicity at its heart. I am the son of immigrants. My parents are both Irish and came here to find work in the 1950s. I know that Irish people have a different status from other European nationals in this country, but they are immigrants. I am the eldest son of immigrants. I was struck by the point that the right reverend Prelate made about the Catholic community. I went to Catholic school—primary school in Camberwell and secondary school in Peckham. The parents of the children there were Irish, Italian, Spanish or West Indian and there were a few Africans. I remember the names—the Giuseppes, Luigis, Patricks and Paddys and all sorts of names, but not many English names. That is what we were. I remember Marys, Siobhans and Margarets from junior school. That illustrates the right reverend Prelate’s point. All these people came here to find work and made contributions to our country, and they were welcomed.

My mum was a nurse for many years and my dad became a black cab driver. My mum ended her working career in the Members’ Tea Room in the House of Commons for many years, serving cups of tea to many Members of this House who were at one time in the other place. Immigrants come to countries and make a fantastic contribution and we have not made them feel very welcome in recent years. That is very regrettable.

I thank the noble Lord for bringing this Bill back to the House today. It is ridiculous that we have waited two years for it. That highlights to me that we must deal with Private Members’ Bills better in this House. We have some wonderful Bills that receive Second Readings and then we are told that they will be committed to a Committee of the whole House. But they could go into Grand Committee. We could have a Grand Committee sitting today to consider other Bills, but we cannot do that. It is ridiculous, and we need the Government to think about that. If we are to have 40, 50 or 60 Private Members’ Bills, the House should facilitate that and make more progress. I hope that when we get the new Government, they will do that.

I thank the noble Lord for bringing the Bill forward and I look forward to it making progress, but I am afraid I am rather sceptical that it will.

Councils: Funding

Lord Kennedy of Southwark Excerpts

Thursday 4th July 2019 Lords Chamber

Asked by

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government, further to the Local Government Association’s initial findings of its survey of council finances, published on 2 July, what steps they are taking to ensure that councils have sufficient funding to fulfil their legal duties.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare my interest as a vice-president of the Local Government Association.

[Lord Young of Cookham (Con)]

My Lords, the Government recognise the vital work that councils do to support their communities. That is why the 2019-20 settlement confirmed that councils’ core spending power will increase by 2.8% in cash terms, including an additional £650 million for social care. This is a real-terms increase in resources to support critical services. The department is preparing actively for the spending review, which is the right place to take long-term funding decisions.

[Lord Kennedy of Southwark]

My Lords, the research just published by the Conservative-led Local Government Association—referred to in my Question—shows that one-third of local authorities fear they are going to run out of funds by 2022-23, rising to two-thirds of councils by 2024-25. In the light of this disturbing and sombre news, does the Minister have any words of encouragement, hope—something—for hard-pressed local councils and their civic leaderships as they end their conference today in Bournemouth?

[Lord Young of Cookham]

Local councillors and local government officials have done remarkably well to maintain, and in some cases improve, the quality of the services they provide despite, since 2010, a reduction in grant until recently, which was necessary to balance the national accounts. I recognise that they have done that without excessive rate increases. Looking forward, I have seen the report to which the noble Lord refers and welcome the Local Government Association’s attempt to quantify the pressure on resources. That information will be used by Ministers to feed into the spending review to make the case for a proper settlement for local government.

Affordable Housing

Lord Kennedy of Southwark Excerpts

Wednesday 3rd July 2019 Lords Chamber

Asked by

[Lord Kennedy of Southwark]

To ask Her Majesty's Government what plans they have to remove any impediments to selling public land to local authorities or housing associations at below its market value in order to increase the number of affordable houses.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and in doing so refer the House to my relevant registered interest.

[Lord Young of Cookham (Con)]

My Lords, it is government policy to increase the number of homes being built, including affordable homes. As far as possible, any impediments to selling government land and accelerating new house-building have been—and are being—removed. Guidance issued by the Treasury indicates that decisions should take account of wider social costs and benefits in the public interest, and it may be appropriate to choose an option that does not generate the highest Exchequer receipt.

[Lord Kennedy of Southwark]

I thank the noble Lord for that response. Making publicly held land available for the provision of social housing, encouraging below-value sales, would go a long way towards delivering on the Government’s pledges to fix our broken housing market, and have many other benefits. Can he tell us the likelihood of that happening?

[Lord Young of Cookham]

I agree. Until quite recently the policy on the disposal of government surplus land was that the best price should be secured—in the interests of the taxpayer, who is the ultimate owner. That money went into a central coffer and was then disposed of according to the Government’s priorities. There was a presumption against short-circuiting that process and disposing of land at less than best value. Two years ago that policy was amended, following a meeting of the housing implementation task force and, as I said in my reply, it is now possible to take the wider social costs and benefits and the public interest into account and to make the housing land available directly. A recent example of that was a site that was made available to the Government, initially to the homes agency—the Housing Corporation as was—and then passed on to Wolverhampton Council for £1. Now, 450 homes are being built on that land. That is a good example of what the noble Lord has asked for, and I hope that we see much more of it.

European Parliament Elections: Non-UK EU Citizens

Lord Kennedy of Southwark Excerpts

Wednesday 5th June 2019 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I join the noble Lord in thanking returning officers and electoral staff for all that they do, and obviously I make my usual declaration as a vice-president of the Local Government Association. Does the noble Lord accept that this is a very unsatisfactory situation where people were denied their right to vote? Is it not another example of why we urgently need to review, amend and update all the laws on elections, electoral registration, campaigning and, of course, the functions and purpose of the Electoral Commission?

[Lord Young of Cookham]

I am grateful to the noble Lord for his response. I am sorry if anybody who had done the right thing was thereafter denied the right to vote. As he knows, the Electoral Commission will undertake its normal inquiry into this election, as with any other election, and of course we will reflect on the results.

On the noble Lord’s general point, I repeat what I have said on an earlier occasion—probably in response to a question from him—that we have an analogue system in a digital age. We are taking some steps: for example, imprints on digital communications; and the Electoral Commission is issuing statutory guidance to distinguish between candidate expenditure and national expenditure. But I repeat my acceptance of an offer that he made earlier to have an all-party meeting with the Minister for the Constitution to see whether we can find a consensual way forward to make sure that we have an electoral system fit for the digital age and fit for purpose.

Electoral Commission: Referendums and Elections Spending

Lord Kennedy of Southwark Excerpts

Thursday 23rd May 2019 Lords Chamber

[Lord Young of Cookham]

On the last point that the noble Lord raised, there was a court case relevant to this. The Electoral Commission is now in the process of issuing guidance which will give clarity to what scores against the local candidate’s expenditure and what should score against the party’s national expenditure. I hope the noble Lord welcomes that. I was relieved to hear that my party now finds it so much easier to raise money than any other party; this will come as welcome news to the party treasurer. So far as donations to the party are concerned, my party tries to stick rigorously to the rules—as I am sure all parties do. If an impermissible donation is presented, we are obliged to return it within 30 days.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank the noble Lord for offering yesterday to speak to the Minister for the Constitution to seek another meeting to discuss these important matters further. Could the noble Lord also consider the need for a thorough review of the powers, functions and purpose of the Electoral Commission? Maybe that could be part of our future discussions.

Political Parties: Donation Rules

Lord Kennedy of Southwark Excerpts

Wednesday 22nd May 2019 Lords Chamber

Asked by

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what plans they have to review the donation rules for political parties.

[Lord Young of Cookham (Con)]

My Lords, on 5 May the Government announced a consultation on safeguarding UK elections. Recommendations for closing loopholes on foreign spending in elections and preventing shell companies sidestepping the current rules on political finance could be addressed in the consultation. The Government will take the views of interested groups such as the Parliamentary Parties Panel and the Electoral Commission to better understand the problems that we could seek to address in the consultation.

[Lord Kennedy of Southwark (Lab Co-op)]

I thank the noble Lord for that Answer. He is highly respected in this House and, more importantly in this case, in his party. The Government often come out with consultations but we really have a problem in this country with our electoral law, with law governing political parties, with donations, loans and everything else in this area. Can he give an assurance to the House that, despite other problems, he will do everything in his power to make sure that we address this urgently?

[Lord Young of Cookham]

I am grateful for the consensual approach adopted by the noble Lord. Quite recently he attended a meeting with me, the noble Baroness, Lady Kennedy, my noble friend Lord Hayward, the noble Lord, Lord Rennard, and, I believe, the noble Lord, Lord Stunell, at which we sought to see whether there was a consensus on some of the challenges facing the electoral system. Subsequently, a meeting was held with the Electoral Commission. I would be more than happy to contact the Minister for the Constitution, who was also at that meeting, to see whether it would be helpful to have another round-table discussion to identify areas of consensus and to see whether we can make progress in developing a rigid and credible electoral system.

Census (Return Particulars and Removal of Penalties) Bill [HL]

Lord Kennedy of Southwark Excerpts

2nd reading (Hansard): House of Lords
Monday 13th May 2019 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, as my noble friend Lady Hayter of Kentish Town said in her opening remarks, the Opposition welcome and support the Bill before the House. There are, however, other pressing needs that require parliamentary time, and I hope we will see a few Bills to address those matters as well.

We have had a census in a form we recognise, providing useful data for Governments, local authorities and a whole range of other organisations, for the past 200 years, collected every 10 years, except in 1941, for very understandable reasons. I understand that the 2021 census will largely be conducted online, as the noble Baroness, Lady Finn, referenced. That is a sensible move, but where people are unable to complete the form online, then a paper-based option should remain available for use since there are still a number of people in this country who are digitally excluded. I am sure that that is an issue of concern to the Government and I very much support the suggestion from the noble Baroness, Lady Finn, that the Government should look into how we can get more people to complete the form online.

The census provides a whole range of data that would be almost impossible to collect in such a comprehensive form through any other method. As my noble friend Lady Hayter of Kentish Town said, it must be accurate, complete, comprehensive, consistent, credible and provide confidence that it will be used correctly.

I very much welcome the two new categories that the Bill allows to be asked on the census. I agree with the noble Lord, Lord Lipsey, that it is very welcome that we have made such strides in the acceptance of people’s sexual orientation. There is always more to do, but I think we have made tremendous progress in recent years.

I am also very pleased that the Government have, through this Bill, ensured that there will be no financial penalty for respondents who do not complete these questions. It is regrettable that we still have no functioning Executive or Assembly in Northern Ireland. In the absence of such institutions, it is right that the Government have legislated to ensure that the same questions are asked in Northern Ireland, and that there will be no penalty there either for anyone who does not respond.

The noble Baroness, Lady Barker, raised several points that I wish to support her on. I hope that the noble Lord, Lord Young of Cookham, will be able to give satisfactory replies when he responds to the debate shortly. In respect of the sex question, where an individual is asked to pick either “male” or “female”, can the noble Lord tell the House how trans people should answer that question? Is it their sex at birth, their sex now, or should they respond in a way outlined by the noble Baroness, Lady Barker?

Can the noble Lord say something about the guidance that will accompany the gender identity question? Can he say something about how intersex births are to be recorded? On the question of publishing de-anonymised data in 100 years’ time, I understand that there is the ability, through an instrument, to extend that period further, if it is thought necessary or desirable. Can it be extended only once, or can it be done many times? Has the noble Lord's department looked at this question, and can he provide information on this matter?

It is important that we get the same data for the United Kingdom, so I am pleased that the Scottish Government are also legislating on these matters, and that a legislative consent Motion is being sought from the Welsh Assembly.

Like many other noble Lords, I received the excellent briefing from the Royal British Legion, and while the issues raised are not directly the subject of this three-clause Bill, I will refer to them—as others have done—and hope that the Minister can provide the House with some information. First, I pay tribute to the work that the Royal British Legion does generally, supporting veterans and their families. Data is invaluable for the Legion in its campaigns—as it is for the Government and for local authorities. The Armed Forces Covenant is enshrined in statute, and has also been adopted by many local authorities in the United Kingdom. The Legion calls and campaigns, and the Government have an obligation that no member of the Armed Forces is left disadvantaged because of their service. To deliver that objective, the Legion is reliant on uniform data.

I very much support the Legion’s campaign for a new topic to be included in the 2021 census that concerns military service and membership of the Armed Forces community. I look forward to the final details of the question that will form part of the census coming forward for approval in 2020, but anything that the Minister can say now is most welcome.

My noble friend Lady Hayter of Kentish Town also raised the issue of homelessness. In terms of the census, how do we reach these people and get as accurate a picture as possible? Again, it would be welcome if the Minister could say a little about what he expects the Government will say to encourage local authorities to do everything possible to collect data from this important group who are difficult to communicate with. There are several voluntary projects that could help. In Lewisham, where I live, the 999 club could certainly help the local authority. We must find ways to get to these people. For all local authorities to go the extra mile, they have to feel that the Government really want this data to be collected and will support them in doing so.

In conclusion, I confirm that the Opposition support this Bill and will work constructively with the Government to enable its passage through this House and on to the statute book.

Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account Basis of Distribution) Regulations 2019

Lord Kennedy of Southwark Excerpts

Monday 18th March 2019 Lords Chamber

[Lord Beecham (Lab)]

My Lords, I declare my local government interests as vice-president of the LGA and as a councillor in Newcastle.

The noble Lord, Lord Shipley, referred to the present situation in respect of business rates. There is a bland assumption by the Government that there is a uniform approach to what can be raised locally, either by domestic rates or business rates, but that is not the position. The amounts that can be generated vary considerably between authorities and the Government have paid little attention to that disparity, in terms of either council tax or business rates.

The Government are making much of the £180 million they are going to restore to authorities. That is £100 million less than the loss that Newcastle City Council alone has sustained in grants from central government since 2010. It is a pitifully small amount and will make little difference to the efforts of local councils—of all political characters—to maintain local services. This is not a substantial change in favour of local government and the Government have to look again at the wider issues of funding a sector of the economy which has been substantially underfunded for the last eight years.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, as the Minister said, the regulations are technical and in that sense I am happy to support them as they stand. I concur with the comments of the noble Lord, Lord Shipley, and my noble friend Lord Beecham and I am sure the Minister will respond to the points raised.

The only issue I want to raise concerns Northamptonshire being in the list of council areas that are involved in this scheme. I know the county council is the precept authority, or the collecting authority, but equally it is a council in crisis. The local government reorganisation is happening because the county council has effectively almost gone broke. Is the Minister confident that we should be doing this in this area, in view of the problems that have been widely reported over the past year? That said, I am very happy to support the regulations.

[Lord Young of Cookham]

My Lords, I am grateful for the contributions of all three noble Lords. As the noble Lord, Lord Shipley, said, this is the first non-Brexit SI, although I noticed it emptied the House as I rose to my feet. He mentioned that the announcement of £180 million going back would be popular with local government. We are always seeking to court popularity with local government, although we do not always achieve it. I am grateful to hear that on this occasion, we have.

The noble Lords, Lord Shipley and Lord Beecham, raised slightly broader issues about the pressures confronting local authorities, which I recognise. We have had to take difficult decisions on public expenditure over recent years, and they have impacted on local authorities and government departments. There will be an opportunity to discuss that.

Finally, the noble Lord, Lord Kennedy, mentioned Northamptonshire. The change in Northamptonshire is relatively minor and switches responsibility for one service from A to B. I do not think it detracts from the more structural changes that are now having to take place in that county.

--- Later in debate ---

[Lord Shipley]

My Lords, I am not sure whether I declared my interest as a vice-president of the Local Government Association. I feel I should do so and remind the House of it.

[Lord Kennedy of Southwark]

I, too, forgot to remind the House that I am a vice-president of the Local Government Association.

[Lord Young of Cookham]

I was a vice-president of a preceding local government association, but I was expelled when I introduced rate capping.

Representation of the People (Election Expenses Exclusion) (Amendment) Order 2019

Lord Kennedy of Southwark Excerpts

Thursday 14th February 2019 Lords Chamber

[Lord Shipley (LD)]

I thank the Minister for explaining this order and I want to record that I agree with it. It is entirely appropriate that any disability-related expenses in elections should be exempt from spending limits, on principle. That is because it helps disabled candidates to stand for election on equal terms with others. I noted the Minister’s comments about some objections that may have been raised on some of the details—but none is more important than the overall principle of equality of opportunity.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I am very happy to give the order my full support. I was glad that the noble Lord mentioned the political parties panel, because I was going to ask him about it. There is no mention of political parties at all in the consultation referred to in the Explanatory Memorandum. I know that the noble Lord mentioned it in his contribution, because I was going to ask him about it. The bodies listed in the Explanatory Memorandum do not pay election expenses and do not fill out election returns. I am glad that he covered that point. It is important that we keep the political parties informed on all these matters. They can often inform the Government’s thinking in a positive and helpful way. Since the noble Lord answered my question, that is fine. I am very happy to support the order.

[Lord Young of Cookham]

My Lords, I have had a remarkably easy time—oh, I am sorry.

Combined Authorities (Mayoral Elections) (Amendment) Order 2019

Lord Kennedy of Southwark Excerpts

Thursday 14th February 2019 Lords Chamber

[Lord Campbell-Savours (Lab)]

My Lords, it is unfortunate that we are having to move progressively to electoral arrangements in the United Kingdom where candidates’ more personal details, such as their address, are not made available publicly. It seems that we are pursuing the need for security at a cost to transparency, and that has wider implications in all sorts of other areas.

I want to flag up two associated issues. I am surprised that the Liberal Democrats did not come in on one of them: the supplementary vote, which I will now move on to. Why can we not extend the supplementary vote to parish councils? It has been successfully deployed in mayoral elections; any analysis of results under the supplementary vote over recent years shows how successful it has been. Perhaps Ministers might still consider it for the future.

Then there is the question of candidate declarations. We are removing the need for candidates to indicate where they live—albeit not altogether, in that they may publish the area where they live rather than their individual address—but there is an argument for financial declarations by candidates prior to election. It has always struck me that there is far more opportunity for abuse in local government than in Parliament. We often hear of cases at a local level where people have sailed close to the line but within the rules. It may be that pre-election financial declarations are a way of dealing with this problem. I have flagged it up before and got nowhere, but I shall no doubt persist well into the future.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I am very happy to support the instruments we are discussing today. It is right to bring all these matters into line. The security of candidates is an important consideration, but I agree with my noble friend Lord Campbell-Savours. It is right to do this but, equally, it is regrettable that we have to balance the safety and security of candidates against the issues of openness and transparency. That is a terrible shame, but we live in times when candidates can be abused and treated improperly, so we need to give them the option of not publishing their address on the ballot paper. However, it is regrettable in many ways.

I fully support the instruments in front of us today. Of course, there is one other group of people to consider. The order says that, if you want, your address can be removed from the ballot paper. But when people get elected to the council, they often find that their name, address and telephone number get stuck on the council website. In present times, I am not convinced that we should do that. If people want to get hold of their local councillor, they should contact them at the town hall. Sometimes councils make decisions that people do not like, and making people’s personal details available may mean that we are exposing them to risks in a way we should not. Obviously that is not for today; it is a discussion for another time, but I think we should look at that as well. I am very happy to support the instruments before us.