Community Pharmacy

Lord Kennedy of Southwark Excerpts

Monday 17th October 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I thank the noble Baroness for repeating the Answer to the Urgent Question that was given in the other place earlier today. It is much appreciated by me and other Members. The stated aim of the Government has been to put pharmacies at the heart of the NHS. However, the proposals here will have serious and far-reaching consequences for patients, local communities and the NHS. Can the noble Baroness tell the House when we can expect to see the full impact assessment of these proposed cuts? What steps have been taken to ensure that the pharmacy access scheme is available to all community pharmacies based on the size and need of the population they serve? Does the noble Baroness see the contradiction in claiming to put pharmacies at the heart of the community while implementing arbitrary cuts? Finally, what steps is she taking to prevent the closure or the reduction of opening hours of community pharmacies?

[Baroness Chisholm of Owlpen]

I thank the noble Lord for those questions. The decision on the impact assessment has obviously not been made yet because the Government are thinking about the problems that have just arisen due to the PSNC not accepting the decisions that we thought had been made. There is no reason why this package should in any way affect the efficiencies of pharmacies at the moment. It is important to remember that the Government fund community pharmacies to the tune of £2.8 billion, and the average pharmacy receives £220,000 per year in NHS funding. We believe that the sector, which is made up of private companies that are often densely clustered together, can withstand this, and that the quality of services provided to patients will not be affected as a result. We know that 40% of pharmacies are in clusters of three or more, which means that two-fifths of pharmacies are within 10 minutes’ walk of two or more other pharmacies.

Electoral Status: Online Access

Lord Kennedy of Southwark Excerpts

Wednesday 15th June 2016 Lords Chamber

[Lord Bridges of Headley]

The noble Baroness makes an extremely good point and it is one that I have raised with officials. Electoral registration officers are able to accept applications in person or on the phone, and Electoral Commission guidance encourages them to offer this service to those unable to make an online or paper application for any reason in order to meet their equalities obligations. As I said, the noble Baroness makes an extremely good point and it is one that I am convinced the Electoral Commission will heed.

[Lord Kennedy of Southwark (Lab)]

My Lords, I refer noble Lords to my declaration of interests: I am an elected councillor for the London Borough of Lewisham. What plans do the Government have to ask organisations such as the Post Office, the Department for Work and Pensions, the DVLA and HM Passport Office to help people to get on to the electoral register by asking the people they come into contact with whether they are registered to vote and pointing out the benefits, such as an improved credit rating, with information on their forms and a link to the site to register to vote?

[Lord Bridges of Headley]

The noble Lord makes a good, practical point. I have had conversations with other agencies across government about precisely that, and we are actively considering how we can use the regular communications that government undertakes with individuals. However, I am told that, where this has been piloted in the past, there has been a problem with mixed messages—in other words, a call to action to do one thing can be confused with a call to action to do another. But the noble Lord is absolutely right and it is a matter that I continue to look at.

European Union Referendum: Young Voters

Lord Kennedy of Southwark Excerpts

Thursday 26th May 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, first, like other noble Lords, I congratulate the noble Lord, Lord Roberts of Llandudno, on securing this short debate and on his persistence in raising the issue of electoral registration. It is of great importance. When we consider how many people are still not registered to vote, particularly young people, it is an issue we must return to again and again until the Government take effective action.

As we have heard, on 23 June we have a once-in-a-lifetime decision to make about our membership of the European Union and I am firmly of the opinion that remaining in is in the best interests of everyone in the United Kingdom. Young people, in particular, have an important stake in deciding our future and making sure their voice is heard loud and clear.

I agree with the comments made by my noble friend Lady McDonagh about the problems that certain groups have to get registered. That should be of concern to us all. The noble Baroness, Lady Smith of Newnham, is right when she raises the point of removing people from the register one year early, which has caused specific problems and made the situation much worse today. The noble Lord, Lord Rennard, also made a compelling point about the number of people missing from the Electoral Register and the regrettable actions taken by the Government last year.

I also congratulate Bite the Ballot on its work to raise young people’s awareness. The Government should do more to support this organisation, which has done more than any other to address registration among young people, in my opinion. The #TurnUp campaign is one initiative where Governments can provide real support. So will the noble Lord, Lord Bridges of Headley, set out in detail what the Government will do to support this campaign? The noble Lord, Lord Roberts, is spot on when he talks about adding messages on every government website and looking at communication tools. What discussions have the Government had with Facebook, Twitter, Google and others to do more on their platforms? What else is being done? How are we using interaction between the public sector and the citizen to engage with people on the importance of registering to vote?

I hope when the Minister responds that we will not just get a list of figures saying, “We have given £X million here and £X million there”. I hope we will hear the real practical steps being taken to engage with people, the Government’s plan right up to 7 June and the continuation of a registration campaign, and the acceptance that the Government are just not doing enough and that they will do more. Having millions of our citizens eligible but not registered to vote is outrageous and the Government have to step in and sort this out. We can all imagine the government spokesman expressing concern from the Dispatch Box if a similar situation was happening in another country: they would urge that Government to sort the situation out. Well, it is here in the United Kingdom. It is for this Government to sort it out and they need to do so.

We have talked about using different tools and initiatives. For example, this weekend we have the play-off finals at Wembley. There are sell-out crowds each day on Saturday, Sunday and Monday—80,000 each day. I will be there on Sunday supporting my team, Millwall. I hope they get back into the Championship. What is the engagement plan for those events and other events around the country in the next few days?

I very much hope that this country votes to stay in the European Union. We need everyone who is eligible to vote to be registered and we need the Government to provide the leadership necessary, both in the short time left to 7 June and going forward, to get people registered to vote. Elections matter and enabling people to have their say is something we should all seek to deliver, without exception and with no excuses.

I say to the noble Baroness, Lady Ludford, that if she checks Hansard she will see my support from this Dispatch Box and from the Division Lobby for votes at 16, with colleagues from the Labour Benches, although when it became clear that the elected House and the Government were not going to move on that, we did not support another round of ping-pong. I again thank the noble Lord, Lord Roberts, for tabling the Question and enabling us to have this short debate.

Housing and Planning Bill

Lord Kennedy of Southwark Excerpts

Monday 25th April 2016 Lords Chamber

Moved by

[Lord Kennedy of Southwark]

122: Clause 145, page 75, line 7, leave out second “person” and insert “local authority or public body”

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Moved by

[Lord Kennedy of Southwark]

123: Clause 145, leave out Clause 145

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[Lord True]

My Lords, I hesitate to interrupt the tour de force of my noble friend Lord Younger. In 100 years’ time, historians will read Hansard and marvel at his command of the law of compulsory purchase. I can say to those future historians that I am absolutely amazed by what he has told us.

Because of time, I will be very brief. I seem to be unfortunate in addressing noble Lords at this late hour every day. I have tried to put forward a creative idea in response to the intolerable position whereby public authorities fail to develop land when they should. I declare an interest as a non-executive member of the Royal Parks Board. The Royal Parks are referred to in this amendment, but that is technical.

I spoke to this in Committee at a different point in the Bill. I do not want to detain your Lordships long, but the issue is simple. To give one example, which actually would not be addressed but it is the spirit of the thing, a planning permission that has been granted in my borough, over intense opposition, to build 110 homes has not yet been proceeded with by a public authority after five years. Another example would be an official from a health service body who said, when pressed in discussion with my planning officers recently to proceed with a development on a site brief to develop new homes, a small primary school and medical facilities, “Well, if you keep going on like that, we could leave this lying fallow for years”. That is the sort of mentality that exists too often. I congratulate the Government on trying to get to grips in the Bill with brown land that is held by government departments, public bodies and other statutory and transport undertakings. I will not venture to mention Network Rail.

My amendment is defective in many ways. I am not suggesting that it could operate in this way. But I am encouraged to press forward in the hope that, instead of always criticising local authorities, my noble friend on the Front Bench may be able to say that, over the weeks and months to come, he is prepared to consider giving local authorities the opportunity to do something to get these buildings and developments done. At the moment we are taking incoming fire but are not able to press those who are failing in their public duty, in my estimation. I beg to move.

[Lord Kennedy of Southwark (Lab)]

My Lords, I support the amendment of the noble Lord, Lord True. It is an excellent idea. I hope the Minister will come back, as the noble Lord suggested, with some suggestions for what could be done in the next few months with local authorities.

When I go to Lewisham Town Hall, I get off at Catford Bridge station and walk past a scruffy bit of land clearly owned by the railway that you could easily get six or seven houses on. It just sits there and irritates me every day. The railways have bits of land near them. On a number of sites in Lewisham you could build some houses. We are in the midst of a housing crisis and there is no good reason that this land just sits there. I hope the Minister will respond favourably to the points made by the noble Lord, Lord True.

[The Parliamentary Secretary, Cabinet Office (Lord Bridges of Headley) (Con)]

Well, my Lords, that was very brief. I, too, will try to be very brief. Before addressing the amendments in this group, I want quickly to update your Lordships on discussions I have had since Committee. In Committee I promised to write to my noble friend Lord Carrington of Fulham to clarify the position of the Corporation of London, given its unique hybrid nature. I take this opportunity to reassure the corporation that our intention is to apply regulations under this part of the Act to the corporation in its capacity as a local authority only, and that the drafting of the Bill allows for this.

Turning to the amendments in this group, I will start with Amendment 129 in the name of my noble friend Lady Williams. Clause 185 provides a power for the Secretary of State, in circumstances to be specified in regulations, to direct a relevant public authority to take steps for the disposal of the body’s freehold or leasehold interest in any land. At present, the regulations setting out these circumstances will be subject to the negative resolution procedure. Amendment 129 amends Clause 185 to require the affirmative procedure to be used instead, as recommended by the Delegated Powers and Regulatory Reform Committee.

I thank my noble friend Lord True—he is indeed a friend—for his arguments and concerns regarding Amendment 129YE. I entirely agree with him and the noble Lord, Lord Kennedy, that surplus land held by public bodies should be brought forward for development without delay, and that local authorities, which are indeed expert on local planning matters, should be able to make their voice heard. That is why we are introducing the duty on Ministers to engage with them under Clause 183.

I assure your Lordships that the Government are equally committed to making sure that more public land is brought forward for development and that surplus land is released for development, including for housing, without delay. I think we all share the impatience for this to happen, and Clauses 184 and 185 will help to deliver it. Clause 184 will ensure that relevant public bodies report any land which has been held as surplus for two years or more—six months for residential land—and the reasons why.

It pains me to say that my noble friend’s amendment could risk undermining this—he himself said it was defective—by giving a local authority the ultimate power, if it does not accept the reasons put forward by the landholding body why the land should not be developed at this time, to force development to proceed. I fully accept that most local authorities would not use this power for mischief making, but the potential would exist. More pertinently, there would be cases in which a fine balance of judgments would need to be made regarding a public authority’s total land asset requirements, at a national level, now and in the future. Given their local focus, however well meaning they may be—and they are well meaning—local authorities are not that well placed to make these judgments. Getting them wrong would undermine carefully planned land disposal strategies across the wider public sector.

The Government’s view is that this power should sit with the Secretary of State, who is best placed to take a balanced judgement on a given public body’s need for the land, taking account of their broader functions, future plans and assets. However, there should be no doubt about our commitment to ensuring that unused public land is put to good use.

My noble friend Lord True has also tabled Amendment 129A—

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[Lord Bridges of Headley]

Amendment 129A, to which the noble Lord, Lord Beecham, has added his name, would remove Clause 186 from the Bill. This clause mirrors Section 86 of the Climate Change Act 2008, which requires the Minister for the Cabinet Office to publish an annual State of the Estate report setting out progress in improving the efficiency of the civil estate.

Local authorities are already subject to a number of efficiency and sustainability requirements, such as producing energy efficiency certificates for their buildings. The new duty draws on these and requires authorities to publish reports to enable local people to hold them to account for the use of their assets. I reassure noble Lords that any additional costs to local authorities will be met by central government. DCLG is currently undertaking a new burdens assessment of Clauses 183 to 187 to determine which of the provisions create new burdens, and their extent.

Finally, I turn to Amendment 129ZA, proposed by the noble Lords, Lord Kennedy and Lord Beecham, which would remove Clause 185 from the Bill. The power to order disposals was brought into effect through the Local Government, Planning and Land Act 1980. The power underpins the community right to reclaim land, which enables people to hold public authorities to account for their use of land. Under this right, communities can drive improvements in their local area by asking the Secretary of State to direct that underused or unused land owned by public bodies is brought back into beneficial use.

Since 1 April 2011, when the National Planning Casework Unit was tasked with considering requests under the right, we have received 106 requests. Only one of these resulted in the power being exercised, over a piece of land of 0.26 hectares in Tiddington, near Stratford-upon-Avon—no doubt a blessed plot. A great deal of effort has been expended by those making requests, and by the casework unit in considering them, for very little gain. This is why the Government wish to strengthen the existing legislation—to enable people to challenge their local authorities to release land, even where it is used, if it could be put to better use. Far from being centralising, Clause 185 gives more power to local communities.

The 1980 Act already provides important safeguards which will continue to apply to the new provisions. Public bodies must be notified of the Secretary of State’s proposal to exercise the power and are given 42 days in which to make representations. If a representation is made, the Secretary of State may not give a direction unless he is satisfied that the disposal can be made without serious detriment to the performance of the body’s functions.

All this shows that we are determined to ensure that public land is used as efficiently as possible, and that where it can be made surplus and put to better use, especially in building more homes, this happens as quickly as possible. These clauses are essential to that agenda, and I hope that noble Lords will be fully reassured by the explanations I have given.

[Lord Kennedy of Southwark]

My Lords, before the Minister sits down, I was a little disappointed by his response to the amendment of the noble Lord, Lord True. The bits of land I am talking about are not big or strategic. No one wants to use them. They have sat there for years. There are now trees growing there. That is of no benefit whatsoever. The Minister suggests that this power should be held by the Secretary of State and that local councils would be mischievous. This is about us building three or four houses and getting a bit of scruffy land cleaned up, sorted out and into use. I cannot see why that would be better in the hands of the Secretary of State than the local council.

[Lord Bridges of Headley]

I understand the point the noble Lord is making, but when we are talking about public authorities’ land that may stretch the entire breadth of the country, the Government believe that it is in our interest to ensure that the Secretary of State takes that decision.

European Union Referendum (Conduct) Regulations 2016

Lord Kennedy of Southwark Excerpts

Monday 22nd February 2016 Grand Committee

[The Parliamentary Secretary, Cabinet Office (Lord Bridges of Headley) (Con)]

My Lords, the draft conduct regulations set out the detailed framework for administration of the referendum poll and are largely procedural in nature. I would like to start by thanking members of the Joint Committee on Statutory Instruments, which considered and approved these draft regulations on 5 February, and the Secondary Legislation Scrutiny Committee, which has also considered them and published a considered and helpful report on 11 February.

The conduct regulations specify items such as the way that ballot papers will be issued and how voting will take place in polling stations. They also specify the arrangements for absent voting at the referendum, which provide for people to vote by post or by proxy as an alternative to voting in person. They cover the arrangements for the counting of votes and declaration of results as well as the way that ballot papers and other referendum documents will be disposed of following the poll. Existing electoral offences such as double voting are also applied to the referendum by the regulations.

As noble Lords will no doubt be aware, all elections have conduct rules—they are a routine part of every British poll. We have modelled these conduct regulations on the rules that we used to administer the parliamentary voting system referendum in May 2011, which were themselves modelled on those used for UK parliamentary elections. The Parliament and Government of Gibraltar will make rules for the administration of the referendum there. In addition, minor changes to the UK rules have been required to reflect the fact that the European Union referendum will take place in Gibraltar as well as in the United Kingdom.

Noble Lords will also note that we have also taken into account changes in electoral law since the 2011 referendum as well as recommendations from the Electoral Commission. For example, in line with the Electoral Registration and Administration Act 2013, the regulations provide for people who are queuing at the point when a polling stations closes to vote.

The conduct regulations were published in draft in July 2015 in order to give the Electoral Commission, Members of Parliament and other interested parties an opportunity to review their content and to comment. This gave electoral administrators significant notice and allowed them to begin their planning activity far in advance of the poll. The responses that we received, which were largely technical in nature, were carefully considered before the conduct regulations were finalised. I beg to move.

[Lord Kennedy of Southwark (Lab)]

My Lords, I say at the outset that I genuinely have no issues with the regulations before me. They are what I would expect to ensure a well-run, efficient referendum, and ensuring a well-run referendum is in everyone’s interest. We must never allow the conduct, or otherwise, of any ballot, election or referendum to become the story. However, I have a number of questions for the noble Lord, Lord Bridges of Headley, and I will go straight into them.

How will the noble Lord ensure that counting officers and their staff have sufficient resources in place to conduct this referendum properly? What plans do the Government have to impress upon the chief counting officer, the regional counting officers and the local counting officers the importance of delivering a well-run referendum and of avoiding past mistakes in elections? Do the Government intend to impress upon the chief counting officer the need to use her powers of direction at any point where she feels that confidence in the running of the ballot could be undermined by poor practice by counting officers and their staff?

We need an absolute guarantee that ballot papers for every single voter in the UK will be printed and available at the polling station—not just an estimated number that the local counting officer thinks may turn up to vote. How will the Government ensure that this happens? In the past, problems have been caused by people arriving in the last 30 minutes and not being able to vote. What specific actions will the Government be taking in this referendum to ensure that there are sufficient staff on duty at each ballot station to cope with a last-minute surge of people?

We have all cast a vote many times in the past. Let us think back: is the polling station we normally use adequate if a large number of people come in to vote? How will the Government ensure that polling stations can cope with a larger number of arrivals than normal? I know that you cannot change where the station is, but it may be that, instead of the usual smaller room, you could move to a bigger room in the school or whatever is being used.

What discussions will the Government have with the police about their role in ensuring that the referendum is free and fair? What discussions will the Government have with the police and crime commissioners to ensure a free and fair referendum?

How will the Government address the problem of a very close overall result and the calls for a full national recount that will inevitably follow? There will be local counts with a big win for one side and, frankly, all the people could have packed up and gone home. Is that something in the hands of the chief counting officer, or is there no provision for it?

When is the counting of votes going to take place? I hope the noble Lord will confirm that counting will start as quickly as possible after 10 pm. It is necessary for this to be done expeditiously, with counts starting at the same time across the UK.

Can the Minister explain the thinking of the Government on the regulated period? A 10-week regulated period would overlap with the elections for the Northern Ireland Assembly, the Welsh Assembly and the Scottish Parliament. If a seven-week regulated period was in place then the elections and the referendum would be separate, which would be much clearer for everyone.

How are the Government going to ensure that the more than 2 million British citizens living abroad are able to register and vote?

Those are the points I have at the moment, but I hope that if the Minister responds to those, he will not mind if I put other points to him later. As I have said, I have no issues with the regulations as they stand. My questions arise only from reading the documents and wanting to ensure that we have a proper referendum and that the process does not become the story.

[Lord Hayward (Con)]

May I ask, following on from that question, about the counting of postal votes? I noted that the Minister had a look of horror, concern or surprise—I am not sure which it was—when I came into the Room. He was fairly sure that I would ask one question or another. Under normal circumstances, postal votes are counted over a number of days and, despite the Electoral Commission’s best guidance which is being implemented by most councils, it is sometimes possible to see the results of those postal votes. Given that, in these circumstances, any leak of information will be seriously market sensitive in relation to the value of the pound and other aspects that might impact on the City and the world’s stock markets, could my noble friend say whether postal votes will be counted on the day, thereby minimising the chance of leaks in advance, or, as they normally are in other elections, over a series of days?

[Lord Bridges of Headley]

I thank both noble Lords who have spoken, particularly the noble Lord, Lord Kennedy, who speaks with a lot of experience. I will try to answer his excellent questions. Like him, I wish to see this referendum being conducted properly, fairly and efficiently. I will answer his questions in the spirit in which he asked them.

The noble Lord asked how the Government plan to ensure that counting officers and their staff at polling stations have sufficient resources to conduct the referendum properly, and about what plans we have to impress on chief, regional and local counting officers the importance of delivering a well-run referendum and avoiding past mistakes in elections. Those are fair questions. The Electoral Commission’s planning for the referendum, as I mentioned in my opening remarks, is already well under way; a management structure of groups and the regional counting officers is in place to ensure effective planning. I am sure that the noble Lord, having himself been an electoral commissioner during the 2011 referendum, will be aware of the approach taken by the chief counting officer and her team to ensure that that poll was well-run, and I am sure that she is taking on board and learning from that experience in planning for the poll on 23 June.

A related question was how the Government intend to impress on the chief counting officer the need to use her powers of direction at any point when she might feel confidence in the running of the ballot could be undermined by poor practice by counting officers and their staff. On this point, I am also sure that the chief counting officer and her team at the Electoral Commission will be playing very close attention to the debate and to the remarks that the noble Lord has just made, and will note the legitimate concerns here. This goes without saying, but I will make the obvious point that we are in very close touch with the Electoral Commission on the operations of the poll, and government officials and I will ensure that the noble Lord’s points are flagged up with it directly.

Another related point was about ensuring that ballot papers for every single voter will be printed and available at the polling station and what the Government are doing to ensure that the polling stations are of sufficient size to cope with larger than normal numbers. As the noble Lord will know, the detail of how the polls are run is a matter for the chief counting officer. We are aware that numbers of ballot papers and the logistics of polling stations are among the delivery matters that the Electoral Commission has already considered and planned for with directions and guidance. For example, the chief counting officer has indicated that she will require ballot papers to be printed to cover 110% of the eligible electorate, to ensure that sufficient papers are available, and that contingencies will be in place.

As regards the declaration of the results, the votes will be counted overnight. The conduct rules specify that counting officers must begin counting the votes as soon as practical after polling closes at 10 pm. As well as the overall result of the referendum, which will be decided by a simple majority, separate results will be announced for each voting area and region. Separate results will be declared for each local authority as well as for Scotland, Wales, Northern Ireland and Gibraltar.

[Lord Kennedy of Southwark]

I live in Lewisham, which possibly will vote heavily in favour of staying in the European Union, but other places will not. Although there may be quite a large result either way, when it is all added together there might be only a few thousand votes in it. I remember that the referendum on the Welsh Assembly was very close, and I think it was the last area to declare that narrowly gave a yes vote. I am conscious that if we end up like that, with a few thousand votes in it nationally, we will have people saying, “Hang on, I want a recount”. How will that happen? Can it happen?

[Lord Bridges of Headley]

I will need to write on the details of that. As for the timing, the counting must begin, as I said, as soon as practical after polling closes. The results will be declared by each local authority. I will respond to the noble Lord in writing on the details.

The noble Lord raised a legitimate question as to whether, with a 10-week regulated period, we might have an overlap of the regulated periods for the referendum and for the elections to the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly. I think he is arguing that if we had a seven-week regulated period, there would be no overlap and a clearer position for everyone. We recognise that some campaigners and political parties will wish to campaign both in the elections to the devolved legislatures and in the referendum. Existing Electoral Commission guidance explains how to split spending limits for elections and referendums. The Electoral Commission has given an undertaking to issue further guidance to explain the impact of the overlapping periods for parties and campaigners who are campaigning in both the EU referendum and the May 2016 elections.

[Lord Kennedy of Southwark]

I am sure the commission will give very good guidance and do it very well, but as his explanation suggests, this is quite complicated. If the periods were split, it would be very different and there would not be these problems. The Minister is absolutely right that those campaigning for elections to all the bodies he has talked about and for the in/out referendum will in many cases be the same people. That is the problem. Maybe it cannot be changed, but there is an issue there and perhaps he could look at that again and talk further to the commission. Its guidance is good, but if this stays as it is, that guidance has to be very clear and precise.

[Lord Bridges of Headley]

I completely accept that point and am happy to raise it will the Electoral Commission again. As I say, I very much hope that the commission will be reading this debate with considerable interest, but I am happy to raise the point.

The noble Lord asked about ensuring that British citizens living abroad are able to register in time to vote in the referendum. As the noble Lord might know, the Government have strengthened and simplified the registration process so more voters can take part in elections by registering online. It now takes less than three minutes, and you can register throughout the year wherever you are. Under IER, there is no longer a general requirement for initial applications to be attested by another British citizen resident abroad, which we believe discouraged many Britons from registering in the first place. We have also extended the electoral timetable to give overseas electors more time to cast their votes. As the noble Lord may also know, the Foreign Office’s consular network supported the Electoral Commission’s overseas voter registration day last month to promote voter registration to British citizens abroad, and I urge overseas voters to register as soon as possible, and by 6 June at the latest, in order to take part in the referendum. I think that that probably addresses the points that the noble Lord raised on overseas voters, but I am happy to go into more detail if he so wishes.

The noble Lord also raised discussions with the police, which is a matter for the chief counting officer to take forward, but another good point worth flagging, and I will do so with the Electoral Commission. Postal votes are not counted before the close of the poll, and will be counted along with all other votes after the polls close.

I commend the regulations.

Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2015

Lord Kennedy of Southwark Excerpts

Monday 23rd November 2015 Grand Committee

[Lord Kennedy of Southwark (Lab)]

My Lords, these regulations make a number of changes to the information that needs to be supplied to EROs when applying to register to vote under IER, along with changes to jury summoning in England and Wales, and to correspondence and postal voting. On this issue the Government have on far too many occasions got the balance wrong between completeness and accuracy. They have continued, as they did in the last Parliament, to fail to secure cross-party agreement on these matters, which is a matter of great regret. When my noble friend Lord Wills was in the other place, he had responsibility for these matters. He always sought to get cross-party agreement, which he took seriously. We are not doing that now and it is very regrettable.

I accept that these are relatively small matters, but I fail to see how they help to improve the completeness of the register. The noble Lord said that the Electoral Commission referred to the uncertainty of the impact on electors and on the electoral administration process. Furthermore, as the noble Lord mentioned, the Association of Electoral Administrators thought that this would have a negative impact, as we are moving from mandatory to voluntary previous name provision. SOLACE thought the same.

I find the comments in paragraph 7.2 of the Explanatory Memorandum extraordinary. You are saying that the provision of a previous name increases verification rates, whether it has changed after more or less than 12 months, so you then remove the 12-month mandatory rule and totally ignore the professionals who think that this could lead to fewer people giving the information, thereby increasing the cost and bureaucracy and making the register less complete. This is an example of the Government interfering where they are not wanted. They should have left well alone.

I did not see any reference to political parties in the consultation, which the noble Lord talked about in his remarks. It is not good enough for the Government to say that they will leave it to the Electoral Commission to talk to the political parties. To be clear, it does not do so on these matters. The Government need to consult with the political parties about elections as part of the process. Many experts in all the parties’ headquarters give advice on these things.

Will the noble Lord also provide me with a copy of the ministerial guidance referred to in paragraph 9.1 of the Explanatory Memorandum and explain further how the Cabinet Office will review the completeness and accuracy of the register as referred to in paragraph 12?

[Lord Bridges of Headley]

I thank the noble Lord for his short but sweet intervention. I am sorry to say that we might disagree on some points. I do not believe that these provisions quite do what he says. I believe that they will enable us to create a more complete and more accurate register.

The noble Lord asked some detailed questions about how we made these decisions. I will review his questions and, if I may, write to him in due course. In particular, I am more than happy to pick up his point on consultation with political parties as we look ahead in the months to come. Even if we disagree on certain matters, we all certainly agree that we want to see more people engaged in our political system and registered to vote. That is an aim we all share, and I am more than happy to consider ways to work with him on that.

[Lord Kennedy of Southwark]

I am very pleased to hear that. Before the noble Lord was in the House and had his present responsibilities, I was never convinced by that at all. We could do far, far more. As we all know, millions are not registered to vote in this country. That is an absolute disgrace for a democracy such as ours. We could do much more on this, but we are just not getting there at all at the moment.

[Lord Bridges of Headley]

I am happy to talk to the noble Lord outside of the Room on that precise point. I do not want to rehearse all the arguments we had on the IER debate a few weeks back, but I believe that there has been some confusion over those who are not on the register and those who are entitled to vote. We need to get more people on the register and encourage greater engagement. I am more than happy to discuss that with the noble Lord. As I said, I will endeavour to write to him to address any of the other points.

European Parliamentary Elections (Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2015

Lord Kennedy of Southwark Excerpts

Monday 23rd November 2015 Grand Committee

[The Parliamentary Secretary, Cabinet Office (Lord Bridges of Headley) (Con)]

My Lords, the draft order relates to the functioning of the Political Parties, Elections and Referendums Act 2000 as it applies to Gibraltar. The Act provides the regulatory framework for political parties and campaigners at elections and referendums. In 2004 the Act was updated to take account of the extension to Gibraltar of the franchise for European Parliament elections. This included establishing which Gibraltar individuals and bodies were eligible to campaign at European parliamentary elections in the south-west region, or to donate to political parties contesting those elections. As far as possible, the eligibility criteria follow the principles that determine which UK individuals and bodies are eligible to donate to political parties and campaign at national elections.

Noble Lords will be aware that the proposed referendum on our membership of the European Union will also take place in Gibraltar. As a result, the European Union Referendum Bill, currently being debated in the Chamber on Report, applies various provisions of the Act that deal with Gibraltar matters.

In drafting the EU Referendum Bill, and from discussions with the Government of Gibraltar, it has been clear that certain references to Gibraltar legislation in the Act are now out of date or otherwise inaccurate. To ensure the effective functioning of the EU referendum, as well as future European parliamentary elections, it is necessary to update and correct these references, and the order will deliver that.

The order also substitutes references to the “House of Assembly of Gibraltar” with references to the “Gibraltar Parliament”. The Gibraltar Parliament replaced the House of Assembly of Gibraltar as a result of the Gibraltar Constitution Order 2006.

Finally, the order also removes certain redundant transitional provisions which accounted for circumstances before the publication of the first version of the Gibraltar electoral register for the purpose of European Parliament elections.

I reassure noble Lords that, in accordance with the Government’s statutory duty, the Electoral Commission has been consulted on this order and has confirmed that it is content with it. Officials have also worked closely with the Government of Gibraltar in preparing the order. I therefore commend it to the Committee.

[Lord Kennedy of Southwark (Lab)]

My Lords, I have no comment to make about the order. It is all very straightforward, so I am very happy to support it.

Motion agreed.

Electoral Registration and Administration Act 2013 (Transitional Provisions) Order 2015

Lord Kennedy of Southwark Excerpts

Tuesday 27th October 2015 Lords Chamber

Moved by

[Lord Kennedy of Southwark]

At end insert “on the grounds that it goes against the advice of the Electoral Commission.”

[Lord Kennedy of Southwark (Lab)]

My Lords, I declare an interest as an elected councillor and chair of the registration working party in Lewisham. Previous to that, I was a member of the Electoral Commission.

I am speaking both in support of my amendment and in support of the Motion moved by the noble Lord, Lord Tyler, and I strongly endorse the points he made today. The Labour Party, the Conservative Party, the Liberal Democrats and, I am sure, other parties as well are in favour of individual electoral registration. Originally, the last Labour Government put it on the Statute Book and the coalition Government brought the process forward by bringing into law the Electoral Registration and Administration Act 2013. As the noble Lord, Lord Tyler, has said, the Act, which is less than two years old, has a transition period aimed at full implementation of IER by December 2016. The Government want to scrap that and bring forward the end of the transition period to December 2015, a mere six weeks away.

Let us be clear: the Government are making a rash decision here—a decision that is not supported by the Electoral Commission, which has urged Peers to vote for the Motion in the name of the noble Lord, Lord Tyler. My amendment just incorporates the fact that what the Government are doing goes against the commission’s advice. The commission did not take the decision lightly to recommend that we vote for the Motion in the name of the noble Lord, Lord Tyler. As the noble Lord explained, the commission was set up by Parliament 15 years ago and it gives independent, non-partisan advice to the Government and Parliament on issues concerning electoral registration, party finance and election matters. The commission includes experts in this field, who have been leading advocates for the introduction of IER almost from the day it was set up. They played a leading role in persuading the then Labour Government first to put it on the Statute Books. It was right to make those changes to ensure that our elections were secure.

The transition period is an important part of the full implementation of IER. It should ensure that we have a period of time when work can be done to make electoral registers both accurate and complete. The Government have not made a convincing case as to why this process should be shortened by one year. The Electoral Commission is saying that 1.9 million people are presently being retained on the electoral register who have not been matched. I accept that that figure might go down, but there are still too many people who have not been matched. If the Government bring forward the deadline, we could have up to 1.9 million people taken off the register on 1 December, and that is simply not democratic.

It is worth pointing out that the commission has published research showing that we actually have an under-registration problem in Great Britain, not an overregistration problem. It is also interesting to note the difference between various groups being registered or not registered to vote. The commission produced figures showing that about 4.6% of people over 65 are not registered to vote. That figures leaps to 29.8% for people aged 20 to 24. The highest proportion of unregistered voters is among 16 and 17 year-old attainers, of whom 49% are not registered to vote. Only 6.4% of home owners are not registered to vote, while the figure is 36.4% for those living in rented accommodation. Of the unemployed, 23.6% are not registered to vote. These figures show the wide disparity of registration figures between groups, and that should be of grave concern to us all.

The Electoral Commission is clear that taking the decision before the outcome of the annual canvass means that the decision that the Government are proposing to take is risky because they are acting without reliable information, as we have heard today, on how many redundant entries there will be, how many entries will be removed and how many eligible entries will go back on again for the elections in May 2016—we have massive elections at that time, as we all know. This is not appropriate for the Government, and it is most regrettable. By retaining the cut-off date to the one which we have agreed means we are giving time to the EROs—the professionals—to do more work on improving the accuracy and completeness of the register. I do not think the Government have made a compelling case for bringing forward by one year the date to remove people from the register. I hope the House rejects their proposals today. I beg to move.

[Lord Mackay of Clashfern (Con)]

I have tried to understand the reports of the Electoral Commission published before this and have just seen the one that came out today—I am not sure what the method of transmission to people was but that does not matter. I am concerned that the commission said repeatedly in its advice, as I understood it, that by bringing forward the date of termination of the transition period there is a potential benefit to the accuracy of the register. I have tried to understand it and read the detail. Could the noble Lord, Lord Kennedy, help me on what that amounts to?

[Lord Kennedy of Southwark]

All I can say to the noble and learned Lord is that the commission briefing says there is a benefit of accuracy but also, of course, a risk to completeness—which it ranks as of equal importance.

[Lord Lexden (Con)]

My Lords, I will strike a more positive note in relation to this order than noble Lords who spoke from the opposite side. This is an important order. It has a clear and explicit purpose: to complete the transition to a new system of electoral registration that is infinitely superior to the one it replaces.

The great majority of those registered electors carried over from the old system have now done what was required to make themselves a full and enduring part of the new arrangements. All those who have not done so have now been reminded at least nine times in one way or another of the need for action. Through the deadline that the Government set in July, as they were empowered to do under the 2013 Act, they have in effect issued a final call for action, one that was rather usefully publicised widely over the national media last weekend.

This deadline of 1 December has been strongly endorsed by a body referred to perhaps unduly dismissively by the noble Lord, Lord Tyler, namely the Association of Electoral Administrators, which represents the people who run our elections. A report it published in July concluded that,

“the end of IER transition should be December 2015 to provide certainty for the important elections in 2016 and the European Referendum whenever that is held”.

The organisation’s chief executive, Mr John Turner, added that,

“it is crucial to have the most accurate register possible and have confidence that everyone on the register is who they say they are”.

There are names of people on the existing electoral registers who would not heed any call for action or respond to any deadline, whether that was 1 December 2015, 1 December 2016 or 1 December 2026. This is because the names relate to people who do not exist. One of the great merits of this order is that it bears down on electoral fraud. Deep disquiet has existed for years in our country about electoral fraud and malpractice. It is unquantifiable, but recent well-publicised cases before the courts exhibited it in its full ugliness. Judges in some of these cases have expressed the gravest concern. The Conservative general election manifesto promised to ensure that,

“the Electoral Commission puts greater priority on tackling fraud”.

This order can perhaps be regarded as the first step in giving effect to that most welcome manifesto commitment.

No one will be robbed of the right to vote by this order. Anyone qualified to vote can register at any point, either before or after 1 December. One of the great benefits of the new system is that registration can be accomplished online in a matter of moments, as nearly half a million people found on registration deadline day before this year’s general election.

--- Later in debate ---

[Lord Bridges of Headley]

As the noble Lord, Lord Empey, said, the Electoral Commission is an independent body but we are not bound to observe it. As I have set out very, very clearly, we believe that we have a strong case for proceeding as we have.

Although this House is unelected, I believe that we should be doing our utmost to protect the integrity and accuracy of our electoral system. That is the duty we have to voters. We believe that it is time to finish the transition to individual electoral registration in December 2015 so that we can all be confident in our electoral register.

[Lord Kennedy of Southwark]

My Lords, this has been an excellent debate. I think the noble Lord, Lord Tyler, is going to accept my amendment, so I am grateful to him for that. The Minister has not made a convincing case to the House this afternoon. The Government also failed to persuade the Electoral Commission, an independent body set up by Parliament which is expert in this field, to which a number of noble Lords referred, particularly the noble Lord, Lord Alton.

As has been said, the Electoral Commission urged the House to support the Motion in the name of the noble Lord, Lord Tyler. My noble friend Lord Wills made a powerful contribution, particularly pointing out that the Electoral Commission recommended the use of ID cards at polling stations. The Government have not moved on that and they should do so if they have concerns about electoral fraud.

The noble Lords, Lord Empey and Lord Lexden, made reference to the Northern Ireland schools initiative. I agree that it is a very good initiative and I have repeatedly said from the Dispatch Box that the Government should introduce it in Great Britain, but to no avail so far. I know that EROs target groups, and supporting the Motion today will be giving more time to EROs to do more work on the register.

The noble Lord, Lord Rennard, made an excellent point about the completeness of the register, which underlines the underregistration problem we have in Great Britain today. It is important to note that a cut-off date of 1 December 2016 was in a government amendment. It has been mentioned here before and nothing has changed since then. No one suggested here today that it is so successful that we can take a year off the period. From my time on the Electoral Commission, I can assure the noble Lord, Lord Cormack, that it worked with great determination on IER. It was the champion initially and worked really hard on completeness. When it says that this is a risk, we need to look at that very carefully.

My noble friend Lady McDonagh made an excellent contribution, highlighting the data-matching issues that have been experienced across the country. The case has not been made today.

[Lord Mackay of Clashfern]

I wonder whether the noble Lord can help on a question I asked earlier. I am obliged to him for his reference in the amendment to the Electoral Commission’s view, because it made me interested to see what it had said. I understand the second part perfectly—there is no question about why it thinks there is a degree of risk to completion—but I do not understand how shortening the transition period contributes to the accuracy of the register.

[Lord Kennedy of Southwark]

We discussed this point earlier. The commission looked at all these factors—risk, accuracy and completeness—and it still says in its paper that,

“taking this decision before the outcome of the annual canvass means the Government has acted without reliable information”.

It looked at all the figures and decided that if Government go ahead with this, they will be making the wrong decision.

Voting: UK Overseas Citizens

Lord Kennedy of Southwark Excerpts

Monday 6th July 2015 Lords Chamber

[Lord Bridges of Headley]

My Lords, the franchise for the EU referendum is obviously based on the parliamentary franchise, and that is what we intend to stick to.

[Lord Kennedy of Southwark (Lab)]

My Lords, will the commitment to extend voting rights to UK citizens living overseas also include their right to make donations to political parties in the UK? Does the noble Lord think that it is right that, when an individual has been living overseas for 20, 25, 30, maybe even more than 40 years, donations can be made from income that has neither been earned in this country nor had UK tax paid on it?

[Lord Bridges of Headley]

My Lords, when we publish the Bill we will make all these matters clear.

Civil Society

Lord Kennedy of Southwark Excerpts

Thursday 11th June 2015 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, like other noble Lords who have spoken in this debate, I thank the right reverend Prelate the Bishop of St Albans for putting this Motion down for debate today.

It is regrettable that we did not get the opportunity to debate this issue at the end of the last Parliament, before the general election, but the issues raised in the report are still very relevant and are there for us all to see. I have been a Member of your Lordships’ House for five years and in that time I have always been impressed by the work of the 26 Lords spiritual, the contribution they make to this House and the work they do outside in the community. This report is another excellent example of the work that the House of Bishops in the General Synod have undertaken. I am pleased that the church has moved into this territory. It is a challenge to us all, particularly those of us engaged in party politics.

In November this year, I will have been actively engaged in both the Labour Party and the Co-operative Party—in good times and in bad—for 38 years. It is always a pleasure to speak in a debate in which my noble friend Lord Graham of Edmonton is participating. Like him, I enjoy watching football. However, as a supporter of Millwall Football Club, there has not been much to cheer about in recent years.

The obituaries for all parties have been written many times and always prematurely, although we have very serious problems in our political parties in Britain today. We are in a period of great change in our country and in the world for a whole variety of reasons, as the scale and speed of change gets faster and faster and seems more out of reach of people. That raises some fundamental challenges for political parties and the wider civil society in 2015.

Calling for a new politics is in itself nothing new. There have been many calls over many years, but the pastoral letter from the House of Bishops is something different and we should all welcome it. I do not for a minute believe that change is going to happen overnight, and unfortunately during the recent general election there were numerous examples of business as usual in the political process, as mentioned by the right reverend Prelate the Bishop of St Albans.

However, as we start a new Parliament, I am going to be optimistic about what can be achieved. We, of course, should be grateful that we live in a mature, stable democracy where the result of an election is accepted and respected and that, win or lose, you have the ability to make your point and have your say. I agree with the right reverend Prelate the Bishop of St Albans that I like living in Britain today and have never hankered for a bygone age that never really existed.

I agreed very much with the report when it disagreed that religion and politics cannot mix. The problems we face as a nation are often the subject of heated debate and I like it when the church feels strongly on an issue and enters that debate. It can offer a different perspective and leadership and can provide pressure, setting out what needs to be done. I can think of examples where I have agreed with the position that the church has taken and also where I have disagreed with its position. I very much associate my remarks with those of the noble Baroness, Lady Barker, who was disappointed that the lesbian, gay and transgender community was not mentioned in the report.

In the section of the letter on,

“Apathy, cynicism and politics today”,

I very much agree that the vast majority of politicians and candidates enter politics with a passion to improve the lives of their fellow men and women. We might disagree on what needs to be done or on how to do it, but that in itself is not a problem. People also engage in wider civil society for similar reasons. It can be to improve the local community, something on a very small and local scale or something on a much larger scale with a national charity or organisation. I am a trustee of the United St Saviour’s Trust, which works in north Southwark and Bermondsey and has been there for 500 years—it does a lot of good work. I am also involved in the council of Diabetes UK on a national level.

It surprised me to read that, according to the polls, the vast majority of people believe that it will make no difference who is in power. I suspect quite a lot of us here would disagree with that, but it tells me that we are collectively, as politicians and parties, failing to communicate in an effective manner, so can we be surprised about the cynicism and apathy about politics? I very much agree with my noble friend Lady Royall of Blaisdon on her comments about the engagement of voters. I also read with amazement, and some disappointment, that apparently 900 votes made the difference between the Tory Party having a majority in the House of Commons and being only the largest party in the general election.

As the letter points out, parties increasingly target smaller groups of voters in a select number of constituencies, and in other constituencies voters get less attention from the parties. The adversarial nature of politics here has produced an adversarial approach to ideas that may not always produce the right or best outcomes, to which my noble friend Lady Royall also referred. It does, though, present civil society in general with an opportunity and challenge to present ideas and solutions to the problems we have, here and abroad, in a way that can be embraced across the political spectrum or at least parts of it that are not confined to one particular political party.

I very much want to be a part of a “community of communities” but can see how much we have become a “society of strangers”. The speed and sophistication of the communications world has people glued to iPads and other devices and not talking to people face to face. On the other hand, we have the Royal Voluntary Service and other charities doing great work to try and combat loneliness in the elderly community and stem all the problems to mental and physical health that loneliness brings. I think that the church is right when it calls for a sensible approach to social policy and that we are a “community of communities”.

We have seen significant devolution of power in Scotland, Wales and Northern Ireland, but in England that has generally not been the case, although there are proposals before your Lordships’ House in the form of the Cities and Local Government Devolution Bill. Where we are able to devolve power to the most appropriate level, this can have the effect of re-engaging people, re-engaging civil society in the decision-making process, and better decisions can be made. As the right reverend Prelate the Bishop of St Albans said, bridging social capital is an important part of this process.

As the report highlights, there is a deep contradiction in the attitudes of a society which celebrates equality in principle yet treats some people, especially the poor and vulnerable, as unwanted, unvalued and unnoticed. Some of the terms used to describe those who rely on social security payments can imply that they are undeserving and not worthy recipients of welfare. This is not only on the front pages of some national newspapers but also on blogs and social media sites, such as Twitter. These sorts of attitudes and activities can be counterproductive and deter others from offering the informal, neighbourly support which could ease some of the burden of welfare on the state and be for the common good.

Moving on to talk about a “community of nations”, I think that we in the United Kingdom can be very proud of the role we have played in bringing nations together and taking a leading role in drafting conventions such as the European Convention on Human Rights. I hope we are never in the position where we would remove our name as a signatory country to that convention. Other European institutions may have their problems but trust and co-operation among the European nations, as the letter highlights, has been a good thing and should be celebrated and welcomed. We are interdependent on our closest neighbours in Europe and the threats to our security come from other more volatile parts of the world.

The commitment from civil society to push to get the 0.7% of GDP on overseas aid into law is something we can again be very proud of. For me, equality and the pursuit of a fairer and more equal society and the role civil society plays in achieving that is of paramount importance. By becoming more unequal we all lose. The widening gaps between the poorest and richest in our society should be of concern to us all.

I am a director of London Mutual Credit Union and every week we hear heart-breaking stories of people in all sorts of difficulties when they come through our doors and we try to see whether we have a package of financial products that can help them. The Credit Union Expansion Project, put forward by the Government, is a very welcome initiative but we have to do more to enable credit unions to offer a selection of financial products that are right for their members. I have called on the Government before, and do so again, to do more to divert some of the fines that are levied on financial institutions that do wrong and put that into programmes to ensure a de minimis level of provision no matter where someone lives.

The right reverend Prelate the Bishop of Rochester mentioned the excellent work being done by the Lewisham Plus Credit Union, which is really doing a very good job. London Mutual Credit Union has also been working with Southwark Council. Every young person attending secondary school has a saver’s account opened for them at the credit union and the council deposits £10 into the account.

The rise of food banks in one of the richest countries in the world is obviously very worrying. A whole group of people are described as the working poor; they are working but are unable to earn the wages to support themselves and their families and have to rely on welfare payments. That is truly dreadful. The living wage for employees has been something that we can champion, but champion not only by saying that it is a good thing but by actually taking positive action. I very much like the idea that no company or voluntary sector organisation, when bidding for public sector contracts, should be disadvantaged by paying the living wage to their employees.

In conclusion, this has been an excellent debate on the excellent document that gives the Government and the rest of us much to think about and reflect upon, such as healthy political parties, strong civil society and healthy debate. As the right reverend Prelate the Bishop of Rochester, said, so much goes on that we are very proud of, each and every day, by volunteers in a whole variety of initiatives and organisations. Again, I thank the right reverend Prelate the Bishop of St Albans for putting down the Motion for the debate today.