Death of a Member: Lord Judge

Lord Lexden Excerpts

Thursday 9th November 2023 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

My Lords, on behalf of the other former judges who cannot be here, I would like to add a short word, as I had the privilege of working closely with my noble and learned friend for 25 years. As has been said, he was unfailing in his kindness to everyone, whatever their position. He had a willingness to listen, but always with an acute understanding of the problem being presented to him and in doing all he could to help.

He led the judiciary in the transformation necessary after the reform of the office of Lord Chancellor. He established new working relations with Parliament and the Government on broad issues, but some involved detailed work, such as going over with the Lord Chancellor—jackets off, late into the night—the drafting of the legislation establishing the current Sentencing Council. He was a man of great learning, but it was lightly worn. It was always evident here, but he often used it to add humour to ceremonies, such as when he opened a court in Chester; he had his own volume of the yearbooks, with their Middle Age cases, which was entirely apposite to that city.

In short, he was a great Chief Justice—a servant of justice with a sense of duty that was wholly unsurpassed.

[Lord Lexden (Con)]

My Lords, I want to tell your Lordships how glad I am that Lord Judge, with others, secured the total repeal of the wicked laws that turned homosexuals into criminals. When I was a young barrister, I defended a number of them and well remember their pain and suffering. This wonderful man possessed such great humanity.

[Viscount Stansgate (Lab)]

My Lords, I met Lord Judge only at the end of his life. I will regard him as a parliamentarian who spoke with such eloquence, precision and brevity on issues relating to the powers between the Executive and the legislature. He was so kind to me as a new Member; I find this reflected in all the things that everyone has said about him so far, and I pay tribute to him for that alone. I am also very proud of a House that can pay such tribute to such a man.

Levelling-up and Regeneration Bill

Lord Lexden Excerpts

Consideration of Commons amendments
Monday 23rd October 2023 Lords Chamber

[Lord Shipley (LD)]

My Lords, I agree entirely with the noble Lord, Lord Bach, and if he decides to press this matter to a vote, he will have the support of these Benches.

I remind the House that I am a vice-president of the Local Government Association. I want to comment on Motion G, which related to Lords Amendment 14 on Report. On the issue of associate members who are co-opted to a CCA and could have been given the right to a vote by the existing members of the CCA, I am very glad that the Minister has made it clear that the Government have had a change of heart on that matter. I record formally that I am content with Amendments 14A to 14R which the Government are now moving at this stage.

I want to ask for reassurance from the Minister on non-constituent members. Some clarity is needed on the role of district councils. In a letter to the leader of South Cambridgeshire District Council dated 17 October, the Levelling Up Minister said

“we remain of the strong view that combined county authorities must engage all relevant stakeholders and we would wish for district councils to have voting rights on issues pertaining to them”.

The letter goes on to say that

“we expect devolution deal documents to set out the involvement of district councils”

but that these matters

“must be established at a local level”.

I understand the argument that the Minister is making, but it would be very helpful if he could confirm at the Dispatch Box that that letter is absolutely accurate and that, given the Government’s refusal to accept Amendment 13B in Motion F1, it is a firm statement of the Government’s intention.

[Lord Lexden (Con)]

My Lords, I have one comment in relation to the amendment tabled by the noble Lord, Lord Bach. He has made a very powerful case for believing that, in this instance, proper democratic standards are not being upheld. The House should take note of that.

Levelling-up and Regeneration Bill

Lord Lexden Excerpts

Report stage
Wednesday 13th September 2023 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I beg to move the amendment in the name of my noble friend Lady Hayman. During Committee, we expressed in detail our concerns about the impact that the permitted development regime had on our town centres, on the availability of commercial property, and on the provision of often poor quality and unsustainable homes in unsuitable locations, and, most importantly for the purpose of discussion of this amendment, about the fact that permitted development does not require the usual contribution from developers to local infrastructure or provision of affordable housing. This is an excellent deal for developers but an appalling one for the community. Not only have those in such communities been unable to have their say on whether or not the development takes place, or on how the impact of the development on the area can be mitigated—and neither have their democratically elected representatives—but they have also to absorb the impact of the new development with no infrastructure to support it.

Our amendment would require a Minister to consider this urgently and to publish a review within 120 days of the Bill being passed. We hope this would ensure that Ministers keep in mind that development without any contribution to the local area or mitigation of the impact is unfair on everyone—except the developers, of course. I was very grateful to the Minister for taking time during recess to meet me to discuss the issue of permitted development, among other key planning issues. She explained to me that there is likely to be a consultation taking place on infrastructure levy on permitted development, with a view to some changes, particularly in the permitted development of office to residential accommodation, so that there would be some infrastructure levy contributions considered. I look forward to hearing her response today on how this has developed.

[Lord Lexden (Con)]

My Lords, I shall speak briefly to Amendment 243 in the name of my noble friend Lord Northbrook, who cannot be in his place today and has asked me to do my inadequate best to represent his views.

This amendment would remove the permitted development right to convert business premises outside a designated town centre into a café or restaurant. Surely if a developer in a quiet residential area wants to turn, for example, an estate agent’s office into a McDonald’s that will be open throughout the night, it should need planning permission to do so. Is that not a wholly reasonable proposition?

We were told in Committee that my noble friend Lady Scott said

“it remains the case that planning permission is required to change use to or from a pub. This ensures that local consideration can be given to any such proposals, in consultation with the local community”.

Surely local communities should have a say in the establishment of new cafés or restaurants in residential areas, not just pubs.

Several speakers in Committee mentioned the importance of breathing new life into our high streets. I emphasise from the start that the intention of my noble friend Lord Northbrook has always been to limit the permitted development right in residential areas, so the amendment has been recast from Committee to take account of this point, so that it applies only outside a designated town centre.

In Committee, my noble friend Lady Scott objected that the legislative approach of the amendment was flawed, so the amendment before your Lordships now has been recast to transfer responsibility for drafting the relevant wording to the Government. I hope that is a small task that my noble friend would be prepared to accept.

Levelling-up and Regeneration Bill

Lord Lexden Excerpts

Committee stage
Thursday 20th April 2023 Lords Chamber

Moved by

[Lord Lexden]

247: After Clause 98, insert the following new Clause—
“Permitted development: replacement windows in conservation areasIn the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596), Schedule 2, Part 1, Class A.3(a), after “materials” insert “(and, in respect of a replacement window in a conservation area, style and colour)”.”

[Lord Lexden (Con)]

My Lords, I move Amendment 247, brought forward by my noble friend Lord Northbrook, who sadly cannot be here today. I will also speak to Amendments 247A and 285 in this group and in his name. I speak on his behalf.

The most important amendment in this group is Amendment 247A, and I shall deal with it first. It provides a solution to a significant problem. Local planning authorities—LPAs—in deciding on an application for development in a conservation area are currently required under Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to determine whether the proposed development would preserve or enhance

“the character or appearance of that area”.

LPAs have a wide degree of discretion in deciding whether this statutory test is passed. In a number of conservation areas—and I am thinking particularly of the Royal Borough of Kensington and Chelsea—planning officers, for understandable reasons, do not normally live in or near the relevant conservation area, but they routinely substitute their own opinions for the opinions of those who do, frequently in disregard of the relevant conservation area appraisal document and advice from important third parties such as Historic England. This problem is particularly acute in the royal borough, where harmful decisions have been made in the past and then used as a precedent to justify approving further harm of a similar nature.

This line of reasoning has been criticised frequently by the Planning Inspectorate and runs contrary to the advice of Historic England in its Historic Environment Good Practice Advice in Planning: 2 called Managing Significance in Decision-Taking in the Historic Environment, which was published in March 2015. Paragraph 28 of this document states:

“The cumulative impact of incremental small-scale changes may have as great an effect on the significance of a heritage asset as a larger scale change. Where the significance of a heritage asset”—


and this, of course, includes the entirety of the conservation area—

has been compromised in the past by unsympathetic development to the asset itself or its setting, consideration still needs to be given to whether additional change will further detract from, or can enhance, the significance of the asset”.

Regrettably, such consideration is all too often not given by planning officers in their decision reports in the exercise of delegated powers or in their advisory reports to planning committees. Surely the people best qualified to assess whether a proposed development will preserve or enhance the character or appearance of a conservation area are those who live in it. Under this amendment, LPAs would be required to pay special attention to the views, if any, expressed by those who live in the area.

The Government might perhaps take the view that LPAs are already obliged to consider all comments made during the course of a consultation on a planning application, rendering the amendment unnecessary. However, the obligation in this amendment to pay special attention is stronger than the obligation merely to have regard to comments made and the amendment is specifically tied to comments made by those who live in the area. If planning officers wish to substitute their own opinions on what is good for a conservation area, they should explain clearly and convincingly why they seek to do so and why the views of local residents should not be respected. This amendment would introduce the necessary arrangements.

I turn now to Amendment 247, which concerns permitted development rights to install replacement windows in conservation areas. Currently, permitted development rights to improve or alter a dwelling house are subject to a condition that

“the materials used in any exterior work must be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse”.

The amendment would require that replacement windows in a conservation area must be of similar style and colour to the windows they are replacing, not just that the materials be of similar appearance, if the right to install the new windows is to be permitted development. This would not require replacement windows to be of similar style and colour, but simply bring them within the scope of planning control if they are not.

As we all know, many conservation areas in England have attractive streets of 19th-century terraced houses, in which the windows fronting the street are white-painted wooden sliding sash windows with traditional Georgian-style glazing bars enclosing relatively small panes of glass. Many LPAs routinely include as a standard condition of planning approvals in conservation areas that any replacement of sliding sash windows fronting the street should be like-for-like sliding sash windows, but this can be challenged successfully. For example, there was a remarkable case in the Royal Borough of Kensington and Chelsea, where the owner of a house installed an ugly, non-sliding sash window in breach of a planning condition. A complaint was made to the council and a request was made to planning enforcement to have the window removed. One of the local ward councillors, who happened also to be the cabinet member for planning at the time, said that it was clearly inappropriate and would need to be replaced as soon as possible. The enforcement officer agreed with the complaint, and an enforcement notice was duly served. The owner then told the council that his new window was in fact a permitted development; the result was that the enforcement notice was cancelled, and the enforcement officer accepted that the council had no control over its style. The window remains. I note, in passing, that it was very surprising that neither the owner, his planning consultants, the cabinet member for planning nor the enforcement officer were aware, at the time of the application, that the installation of the replacement window was a permitted development. That was a reflection of the confused state of the general permitted development order at the time, on which I shall say a few words when I turn to Amendment 285.

Is it not odd that the current applicable condition for the permitted development right to install replacement windows is merely that similar material must be used? That is to say that, if the window being replaced is made of wood and glass, the replacement window should also be made of wood and glass. The purpose of permitted development rights is to facilitate obvious improvements without the need for planning permission, but how can this entitlement to install ugly new windows be considered an improvement?

I hope that the Government will be inclined to consider the amendment sympathetically. If not, perhaps my noble friend will explain the logic of requiring similar materials but not similar style and colour. Replacement windows fronting attractive streets in conservation areas should be like-for-like; if not, they should need planning permission, and the GPDO should be amended to reflect that.

Finally, I turn briefly to Amendment 285. Schedule 2 to the general permitted development order sets out permitted development rights—namely, rights to develop for which planning permission is not required. It gets amended several times a year. Unfortunately, on the legislation.gov.uk website, there is often no up-to-date, consolidated text, so anyone wishing to see what rights exist, or which existed at the time of a specific application, has to spend many hours on the internet searching for all the amendments made to it since it came into force on 15 April 2015, and this research needs to be conducted separately on each occasion. I have mentioned already one example of where failure to provide a consolidated text confused even experts and professionals in the planning world. Most other legislation is available to read on the internet in up-to-date, consolidated form, so why not the GPDO?

--- Later in debate ---

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I would like to thank my noble friend Lord Northbrook for tabling these amendments and my noble friend Lord Lexden for so ably introducing them.

Amendment 247 would require amendments to permitted development rights. Permitted development rights are a national grant of planning permission which allow certain building works and changes of use to take place. Rights in relation to England are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015 (2015/596). As we heard in the debate immediately preceding this group, heritage assets, including conservation areas, are an irreplaceable resource and it is important that we ensure that they are protected. Local authorities are required by law, in carrying out their functions, to pay special attention to the desirability of preserving or enhancing the character or appearance of conservation areas.

We are committed to quality and design regardless of whether homes are delivered through a permitted development right or a planning application. We intend to consult on introducing secondary legislation so that existing permitted development rights with design or external appearance prior approvals will take into account design codes where they are in place locally. Local authorities can remove specific permitted development rights to protect local amenity or the well-being of the area by making an Article 4 direction.

As committed to in the Government’s British Energy Security Strategy, we are currently undertaking a review of the practical planning barriers that households can face when installing energy-efficiency measures. This will include replacement windows with improved glazing, including in conservation areas. While this review is under way, it would be premature to accept this amendment, as it would curtail the scope of any legislative recommendations that the review might set out in due course.

To go further on that, because I know that this area was of concern to both noble Baronesses, Lady Hayman and Lady Pinnock, the Government are fully committed to encouraging home owners to incorporate energy-efficiency measures in their properties. As part of this, we recognise the need to ensure that more historic buildings have the right energy-efficiency measures to support our zero-carbon objectives. The review of heritage and energy efficiency committed to in the British Energy Security Strategy and currently under way will enable the Government to respond to the issue in an informed and joined-up way. In addition, powers to amend permitted development rights already exist in primary legislation. For these reasons, the Government are unable to support this amendment; however, we will continue to keep permitted development rights under review.

I turn to Amendment 247A, which proposes a new clause amending Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to require, in exercise of planning functions, special attention to be paid to the views of residents in conservation areas. I understand my noble friend’s concerns. However, the purpose of Section 72 is to ensure that local planning authorities are required, when making planning decisions, to pay special attention to the desirability of preserving or enhancing the character or appearance of conservation areas. It is an important, long-standing duty that protects conservation areas.

Engagement with the sector during policy development for the Bill acknowledged that the framework for protecting the historic environment works well, although there are opportunities, we acknowledge, for targeted improvements. The package of heritage reforms focuses on maintaining the strong protections for the historic environment within the new planning system and, where possible, building on the existing framework. The proposed reforms will build on the existing protections without introducing any additional restrictions on development. It would be inappropriate to extend it so that local planning authorities have to pay special attention to the views of those living in conservation areas too. It would mean the views of conservation area residents would have greater weight than those living outside the area, which we think would be unfair.

In addition, in determining planning applications, decision-makers are already required to consult with local residents, and their views are taken into account. This will not change in our reformed system, and we are also taking powers in the Bill to improve the consultation process, making it more accessible by complementing more traditional forms of engagement with digital tools. It is not considered necessary, therefore, to duplicate these arrangements by extending the Section 72 special attention duty.

Turning to Amendment 285, we agree that it is important that the most up-to-date consolidated version of the general permitted development order, which sets out all the national permitted development rights, is publicly available online. Amendments to the order are often made, as we introduce new permitted development rights or make changes to the existing rights, through amending orders. The latest consolidated version of the general permitted development order is already available on the Government’s legislation website, alongside the original version.

I hope that I have provided the noble Lord with adequate reassurances, but we are unable to support these amendments at this time.

[Lord Lexden (Con)]

My Lords, I thank the two noble Baronesses on the Opposition Front Benches for their valuable points, particularly relating to replacement windows. I am grateful, above all, to my noble friend on the Government Front Bench for her full and carefully considered comments. My noble friend Lord Northbrook and those who are associated with him in giving further consideration to these matters will look very carefully at what my noble friend has said, and then they will be able to decide what further action they may wish to take. On that basis, I beg leave to withdraw the amendment.

Amendment 247 withdrawn.

Northern Ireland Protocol

Lord Lexden Excerpts

Tuesday 28th February 2023 Lords Chamber

[Lord True (Con)]

My Lords, we believe that the framework we have put forward is consistent with the Act of Union in its fullest sense. In my personal opinion as a unionist, that is a vital text. On the noble Baroness’s specific questions about how we will take this forward and what action might be taken, I will write to her, if she will allow me, as part of the ongoing discussion. If there are any worthwhile observations, I will put that in the Library.

[Lord Lexden (Con)]

My Lords—

[The Deputy Speaker (Baroness Fookes) (Con)]

I am sorry; time is now up.

Health and Care Bill

Lord Lexden Excerpts

Lords Hansard _ Part 1 & Report stage
Wednesday 16th March 2022 Lords Chamber

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, I have been informed that the noble Baroness, Lady Campbell of Surbiton, would like to participate in this debate remotely. I invite her to contribute.

[Noble Lords]

She is here.

[The Deputy Speaker (Lord Lexden) (Con)]

Not remotely but present, which is very good indeed.

[Baroness Campbell of Surbiton (CB)]

My Lords, I am so thankful to be here tonight. It is a rare appearance but an important one and I am glad to be here in your Lordships’ House to oppose Amendment 170, which repeats the amendment that the noble Lord, Lord Forsyth, tabled in Committee. I apologise to the noble Lord for missing the first sentence of his contribution—I always enjoy his contributions and I am sorry to have missed the very first part.

This is a complex and highly contentious ethical issue. Opening the door to what is effectively assisted suicide would be a monumental change in the criminal law with potentially lethal consequences. If we get it wrong, it will result in some vulnerable people needlessly taking their own life.

The current Bill on assisted dying needs to be examined with the utmost care on the basis of highly informed opinion, robust evidence and a deep understanding of why hundreds of disabled people fear it. I do not think that we understand this cohort. I wish we did but we do not. We have seen a range of legislative developments in recent years in the UK and abroad, all of which demand detailed analysis.

Using this Bill to force the Government’s hand and the pace of deliberation on a matter specifically covered by an existing Bill is, I believe, as others do, a blatant manipulation of the parliamentary process. It sets a dangerous precedent and should be resisted. This is the wrong Bill, the wrong time and the wrong way in which to debate one of the most fundamental issues that we face as a society. I beg—yes, beg—noble Lords to reject the amendment.

House of Lords: Remote Participation and Hybrid Sittings

Lord Lexden Excerpts

Thursday 20th May 2021 Lords Chamber

[Lord Kerr of Kinlochard (CB) [V]]

Technically, the hybrid House has been terrific, and the technical staff warmly deserve the thanks they are getting from all around the House. Professionally, it has been acutely frustrating. The nadir for me was when we all had two minutes each to give our verdict on the treaty which now governs relations with our nearest neighbours, although I guess that the limitation may have suited the Government rather well.

That is the trouble. Like the Constitution Committee in its important report, I do not believe that we have been holding the Executive to account as well as we should and as well as we normally do. Hearing the arguments tested in debate really matters for a Cross-Bencher such as me, by definition knowledgeable on only a small minority of the issues that the House has to tackle and not helped by the kindly tutelage of any Whip. The constraints of the hybrid House preclude the spontaneous to and fro, interventions and give and take of genuine debate. Set-piece speeches help me a bit, but not much, in making up my mind; it is the real debate that counts, so the sooner we can all get back, the better for me and, I think, for the effectiveness of the House.

I would retain two innovations. First, electronic voting works well, and it is astonishing that the Leader in the other place spurns it, insisting instead on proxy voting. The UCL Constitution Unit in its admirable recent report revealed the astonishing fact that, on the last sitting day before Easter, the Government Whip in the other place cast 329 votes. That is, as the chair of the Procedure Committee in the other place delicately put it, “open to abuse”. I am with the noble and learned Lord, Lord Hope, and the noble Lord, Lord Hain, for the reasons they gave. Instantaneous electronic voting is now common in legislatures. Ambulant voting, as in our Lobbies, is beginning to look a little archaic. I would phase in the change, permitting those who want to stretch their legs still to do so—I do not believe many would. It think that it would rapidly be possible to reduce the time Divisions take, perhaps to three or four minutes.

Secondly, I would retain remote participation, but only in a severely limited form. Yesterday, I took part in a hugely valuable committee hearing with witnesses in New York, Sydney and Singapore. I agree with the Constitution Committee that that should go on being possible.

However, for the business in the Chamber, participating and voting remotely should be permitted only exceptionally for those unable, for reasons of distance or disability, to get here. It should not be permitted for those who could get here but choose not to do so. We signed up to be here; that is our job, and I think we do it better when we are here. I therefore warmly endorse what the noble Lord, Lord Forsyth, said today—I would add that I greatly admired the way he supported Lady Thatcher in the House in her latter days; it did him enormous credit.

Finally, I would make any decision to participate remotely irrevocable for a Session and not changeable from day to day, whereas we should all be free to choose, Division by Division, whether to cast an archaic ambulant vote or a daringly 21st-century electronic one.

[The Deputy Speaker (Lord Lexden) (Con)]

The noble Lord, Lord Hunt of Kings Heath, who is next on the list, has withdrawn. I therefore call the noble Lord, Lord Dobbs.

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[Lord Knight of Weymouth (Lab) [V]]

My Lords, it is a pleasure to follow that fine speech from the noble Lord, Lord Lamont—which, of course, was delivered remotely. It has been a very strong debate and I have enjoyed listening to the speeches. I join everyone else in thanking the staff for having made the hybrid proceedings possible and effective.

I guess it is possible to characterise this debate as having something of a false dichotomy between those who want to keep things exactly as they are now and those who want them to go back to exactly how they were before the pandemic. I detect in pretty much every speaker that they are somewhere on the spectrum between a little bit of change and quite a lot of change —but no one is going to either of the extremes. I am more towards the end of the spectrum of my noble friends Lord Hain and Lady Quin, rather than the end preferred by the noble Lords, Lord Strathclyde and Lord Dobbs—respectful though I was of their contributions.

Of course, I had a bit of quandary. Where was I going to speak? Should I come in? Should I make a non-essential journey? I am doing the rest of my work from this room, which I am very pleased to welcome noble Lords into. Or should I come into the Chamber where, of course, I am going to be so much more engaging and will be able to benefit from all the interaction? I may not be able to make anywhere near as good a speech, but I have childcare responsibilities today, so I am not able to come in.

There is so much that I have missed about the way that we used to do things. Like everybody else, I miss the social interaction. The Lords is at its strongest when we are working together, across party in many cases. It has been impossible to have those relationships across party during this period of the pandemic, and it has been impossible also to get to know new Members. I hugely miss that. Of course, like everybody else, I miss the scrutiny, principally brought about by the spontaneity of being there face to face. So, of course, as soon as we are safely able to, we have to get back to those arrangements.

However, I have also really enjoyed the flexibility. I used to think I was one of the younger Members. I certainly was when I joined 11 years ago. I have to do other work and I now do all of that from this room. To have been able to do that alongside being able to contribute in the House has been really helpful. On occasions, I have enjoyed looking inside other people’s houses—but not so much looking up their noses if they have got the camera angle wrong.

I think the PeerHub has worked really well, as my noble friend Lady McIntosh said in her wonderful opening. I have enjoyed the equity of balloted lists for Oral Questions. I have really enjoyed the way we have been able to be more inclusive of a wider range of witnesses, geographically, through Select Committees—again, as other noble Lords have said.

So I am a strong advocate of reflecting and hanging on to the changes. Pretty much everyone has said that longer Oral Questions should be retained. I am certainly one who advocates keeping the list generated by ballot and the fairness of that. I, too, support retaining remote voting, but only on the Parliamentary Estate. I am one of those with an office in Millbank House. I am perfectly agile and able to come over—I am not yet at the point where I am struggling, like the noble Baroness, Lady Bakewell. But I would like to be able to carry on working in my office at times, rather than schlepping all the way over to vote.

We had a great meeting yesterday of the National Plan for Sport and Recreation Committee, and I am absolutely sure that the witnesses were more comfortable sat in their own settings than the intimidating scenario of coming into a committee. If we want to hear from diverse and disadvantaged voices, we need to be able to hang on to that practice. When we do so, it is worth noting that you get better equity when everybody is joining remotely rather than the committee being in a room looking at three or four witnesses on screens and trying to interact that way.

I agree that we should have speeches in the Chamber, but if the reason for that is so we can have more interventions, then can we have more interventions? Can we move on from a culture of not really intervening in Second Reading debates and QSDs, because then we can have real debates? That is a really good reason to carry on and return to the Chamber; otherwise, I would not rule out returning to hybrid debates.

The world of work has changed. We are not a business, as the noble Lord, Lord Rooker, has said, but everyone is reflecting on how we are going to have to change as a result of what we have learned from the pandemic. I see today, with the modestly titled Williams-Shapps Plan for Rail, that we are having flexible season tickets, so even the Department for Transport is reflecting. We should do the same and we should have some version of a hybrid model in future.

[The Deputy Speaker (Lord Lexden) (Con)]

The noble Lord, Lord Robathan, who was next on the list, has withdrawn, so I call the noble Lord, Lord Roberts of Llandudno.

Financial Services Bill

Lord Lexden Excerpts

Report stage
Wednesday 24th March 2021 Lords Chamber

Amendment 4 withdrawn.

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, we move to the group consisting of—

[Lord Parkinson of Whitley Bay (Con)]

We have Amendments 5 and 6 to dispose of.

[The Deputy Speaker (Lord Lexden) (Con)]

Yes, I needed the correction. I am so sorry.

Amendments 5 and 6 not moved.

[The Deputy Speaker (Lord Lexden) (Con)]

We now move, after my error, to the group consisting of Amendment 7. Anyone wishing to press this amendment to a Division must make that clear in debate. The right reverend Prelate the Bishop of St Albans has withdrawn, so I call on the noble Lord, Lord Sikka, who has added his name to the amendment, to move it.

Clause 22: Regulated activities and Gibraltar

Amendment 7

Moved by

--- Later in debate ---

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, I have received no requests to speak after the Minister, so I call the noble Lord, Lord Sikka, to conclude the debate on the right reverend Prelate’s amendment.

[Lord Sikka (Lab) [V]]

I thank all the contributors to this debate, which has been very informative and helpful. Given that roughly 25% of UK motor insurance is written from Gibraltar, it is clear that large amounts of profit made in the UK are being booked in Gibraltar and that the public purse here is being deprived of large amounts of tax revenue.

Of course, we might take the view that Gibraltar has been hit hard by Brexit and therefore deserves some support, but, as I pointed out, the beneficiaries of those profits are not necessarily people in Gibraltar but are actually corporations using Gibraltar to extract revenue from the UK. The ultimate destination of those profits is not really known because there is no transparency at all. Whether somebody is engaging in tax evasion or tax avoidance, the effect on the UK public purse is the same: the loss of revenue.

We still need greater transparency but at the moment, we do not have it. I hope that, when we have a public form of country-by-country reporting, perhaps that will provide some form of transparency, but at the moment the Government are not committed to that.

Nevertheless, I thank everybody for their contributions to the debate, and with the permission of the House and on behalf of the right reverend Prelate the Bishop of St Albans, I beg leave to withdraw this amendment.

Amendment 7 withdrawn.

[The Deputy Speaker (Lord Lexden) (Con)]

We now come to the group beginning with Amendment 8. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate.

Clause 34: Debt respite scheme

Amendment 8

Moved by

--- Later in debate ---

[Earl Howe (Con)]

My Lords, I will speak also to the other amendments in this group. The Sewel convention states that normally, the UK Parliament will legislate in areas that are devolved only with the permission of the relevant legislature, obtained through the legislative consent Motion process.

In recent weeks, despite the best efforts of Ministers and officials from HM Treasury and the Northern Ireland Executive, it has become clear that the legislative consent Motions for relevant parts of the Bill would not be completed before Report in this House. It is therefore necessary to ensure that certain elements of the Bill do not apply in Northern Ireland, in line with the Sewel convention.

I assure the House that the great majority of the Bill will have effect in Northern Ireland, as financial services is a reserved matter. However, it is necessary for Northern Ireland to be removed from the relevant parts of the Statutory Debt Repayment Plan and account freezing and forfeiture measures in Clause 34 and Schedule 12, with connected changes to Clause 44 on extent and Clause 45 on commencement in addition.

These are technical amendments which the Government have tabled to avoid legislating without consent. Our understanding is that the absence of a consent Motion is due to current timing constraints rather than any concern about the substance of the measures. Legislative consent was not denied—the process was simply not completed.

Amendments 50 and 51 will amend Schedule 12 so that certain provisions in that schedule will have different effects in Northern Ireland from those in England and Wales and Scotland. Amendments 38, 40, 41 and 42 amend Clauses 44 and 45 to help give effect to the changes to Schedule 12. The amendments retain the status quo in Northern Ireland regarding the Proceeds of Crime Act 2002, and the changes which Schedule 12 makes to that Act will have effect only in England, Wales and Scotland. It is important to be clear that these amendments will not affect Schedule 12 as it relates to the Anti-terrorism, Crime and Security Act 2001. Anti-terrorism is an excepted matter and the changes which Schedule 12 makes to that Act will have effect across the UK.

Amendments 8, 9, 10, 13 and 39 prevent most of the changes made in Clause 34 extending to Northern Ireland. These are the provisions relating to the Statutory Debt Repayment Plan measure.

Clause 34(4), which provides an express power to bind the Crown, will continue to apply to Northern Ireland. This is done so as not to disturb the position on Crown application that the Government consider originally applied in the Financial Guidance and Claims Act 2018 in relation to Northern Ireland.

I would like to reassure noble Lords that Northern Ireland will still be able to make its own legislation providing for a debt respite scheme of its own design, including similar provisions to those in Clause 34, if these are desired. UK Government officials will of course continue to work closely with and support their opposite numbers on the design and implementation of a debt respite scheme for Northern Ireland if this is pursued.

I urge the House to accept these amendments, which are necessary to avoid legislating for Northern Ireland without the appropriate consent. I beg to move.

[The Deputy Speaker (Lord Lexden) (Con)]

The name of the noble Lord, Lord Stevenson of Balmacara, does not appear on the list, but he should have been included, so I call him next.

[Lord Stevenson of Balmacara (Lab) [V]]

I am grateful to the House for allowing me to speak at this point. I put in a request, but it got omitted. The Deputy Speaker has expressed the situation well.

The substance of the issues raised by the noble Earl in his introduction are incontestable. We respect the devolution settlement and we need to make sure that everything we do is in accordance with that. He slightly misspoke in the sense that the Sewel convention now has statutory force, rather than being just a convention. Indeed, it is often now called the Sewel principle. When we were dealing with matters arising from the internal market Bill, which came to your Lordships’ House about six months ago, that was certainly the way in which we addressed this issue.

I understand the logic behind the Government’s current position and their concern that they should not take steps which would in any sense mitigate the Sewel principle, as discussed. However, I was left a little confused by the noble Earl’s remarks, despite the usual clarity with which he expressed himself.

As I understood it, the debt respite scheme was being progressed under regulations made under the Financial Guidance and Claims Act 2018, to which he referred. It therefore seems a little odd that we are still concerned that that might not go ahead or that, if it did, it would do so under regulations made in Northern Ireland rather than those which will apply in England and Wales. From memory, this will be in place from May 2021, which is not very far away. I would be grateful if the noble Earl could be a little clearer about that when he comes to respond, or perhaps he could write to me and we could discuss this. The issue is where that authority will vest going forward. Will it relate to the UK financial guidance Act or to local legislation put through by the Northern Ireland Assembly? Matters may arise regarding how that is decided, but I would like to know the answer.

The other question is how we make progress in relation to the statutory debt repayment plans. The issue here is again whether the necessary legislative consent order would have come through, when it has not, in relation to that. If that is the case, perhaps the Minister will confirm whether that is happening. If it is not happening, is not the situation a little different this time? Because, as we are going to discuss in the next group, we are now being told that the timeframe for the delivery of the SDRP is going to be the end of 2024, which is, after all, three and a bit years away. It seems unlikely that there will still be a problem if we are waiting for the Northern Ireland Assembly to consider that: we should be able to get through that in three and a half years’ time.

I would be grateful if the Minister would let us know a bit more about the Government’s plans and again, it that is not in his notes, he can write to me and we can discuss it offline.

--- Later in debate ---

Amendments 9 and 10 agreed.

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, we now come to the group beginning with Amendment 11. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate.

Amendment 11

Moved by

Integrated Review

Lord Lexden Excerpts

Monday 23rd November 2020 Lords Chamber

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

I thank the noble Baroness and the noble Lord for their comments. I will start by talking briefly about the integrated review, as they both asked some questions about it. We will conclude and publish the full integrated review early next year. Both noble Lords asked about the delay and, as they rightly said, the review was announced in February; it was then paused in April, due to Covid, and restarted in June. So we did have a delay in the review and it will now conclude early next year. However, we are in the final phases of it, aligning our ambition with our resources. The defence settlement outlines the first conclusions of the review, which will put us on the front foot as we equip our Armed Forces for the threats of today and tomorrow, while ensuring that long-term defence projects have certainty and are not put on hold.

When the full integrated review concludes early next year, it will set out our overarching strategy for national security and foreign policy, including defence, diplomacy, development and national resilience. It will set the direction for more detailed strategies and departmental activity in the coming years. It will also set out the way in which the UK will be a problem-solving and burden-sharing nation, and a strong direction for recovery from Covid at home and overseas. That issue was touched on at the G20 virtual summit held over the weekend, when all the leaders discussed it.

The noble Baroness, Lady Smith, rightly talked about making sure that all parties were engaged. I can certainly reassure her that this is a cross-Whitehall process, allowing all to contribute expertise and analysis—not only within Whitehall but with partners, including NATO. Our closest allies have been involved during the process and will continue to be so. She also asked about the defence review, which is ongoing. Further details will be updated in due course.

Both noble Lords asked about spending. This is the only multiyear settlement for any government department that will be announced this year. I can reassure them that it has been fully costed, building on extensive work by the Treasury and MoD to understand what future capabilities will cost and how much can be delivered through efficiencies.

The noble Baroness talked about jobs, quite rightly. We expect this settlement to create up to 10,000 jobs each year across the UK, and as many as two-thirds more in the supply chain. Both noble Lords will be aware that in 2018-19, the MoD supported over 400,000 jobs, while defence spent £19.2 billion with UK industry last year. This new settlement will support further jobs in a whole array of areas: in shipbuilding, for instance, and obviously in emerging technologies—in space and in the building of the Tempest. We hope that this spending will create jobs in a range of ways. Part of the investment will also be looking to upskill and make sure that we can provide jobs for people around the whole of the United Kingdom—Scotland obviously being key to some of the developments that we are talking about. Hopefully this will be a UK-wide investment in jobs.

Both noble Lords rightly asked about international development. We are of course extremely proud of our work there. We remain committed to supporting international development and helping the world’s poorest people. Of course, our Armed Forces are also a humanitarian force for good, coming to the aid of the most vulnerable following natural disasters, bringing stability to countries marred by conflict with peacekeeping missions and bolstering efforts to tackle Covid in the developing world. Both noble Lords will both know that the spending review will be announced on Wednesday; funding will be announced then.

The noble Lord, Lord Newby, asked about the Army. I can assure him that the UK will continue to have full-spectrum Armed Forces, including an armoured capability. But we also need to ensure that we focus on how the Army is equipped and what we want it to do. This settlement will ensure that our soldiers have some of the best equipment in the world, so that they can continue to do their fantastic job.

Both noble Lords talked about global leadership. They are absolutely right, which is why this settlement raises our defence spending to 2.2% of GDP. That is more in cash terms than any other European ally or NATO member, other than the United States. We will continue to lead internationally. Next year is a critical year for our international leadership, as we have the G7 presidency, COP 26 and the 75th anniversary of the first UNGA meeting in London. We will continue to play our part on the global stage, and this settlement will help us to do that.

[The Deputy Speaker (Lord Lexden) (Con)]

We now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief, so that the maximum number of speakers can be called.

Business of the House

Lord Lexden Excerpts

Wednesday 4th September 2019 Lords Chamber

[Lord Willoughby de Broke]

That the Question be now put.

[The Deputy Speaker (Lord Lexden) (Con)]

Noble Lords are familiar with the words that I must now read. I am instructed by order of the House to say that the Motion “That the Question be now put” is considered to be a most exceptional procedure and the House will not accept it save in circumstances where it is felt to be the only means of ensuring the proper conduct of the business of the House. Further, if a Member who seeks to move it persists in his intention, the practice of the House is that the Question on the Motion is put without debate. Does the noble Lord still wish to move the Motion?

[Lord Willoughby de Broke]

Yes.

--- Later in debate ---

[Baroness Noakes]

My noble friend Lord True is detained elsewhere at the moment, but I will not disappoint noble Lords by not allowing the House to hear about Amendment 2J. We are moving on to amendments to paragraph (1) of the Motion in the name of the noble Baroness, Lady Smith, so noble Lords may wish to note that we are making progress—we have got past the initial preamble to the Motion and are now on paragraph (1).

Paragraph (1) of the Motion provides that,

“Standing Order 40(3) to 40(9) … be dispensed with”,

to allow proceedings on the Bill to be handled. Amendment 2J suggests removing only Standing Order 40(4) to 40(9), leaving Standing Order 40(3) extant. The purpose of tabling the amendment is to explore with the mover of the Motion why the quite draconian suspension of Standing Orders, which have served this House very well, is needed in this case. Standing Order 40 has been in our Standing Orders since 1954.

Standing Order 40(3) says:

“Subject to paragraph (1), notices relating to the Business of the House and to the Chairman of Committees’ Business, if he so desires, shall have priority over other Public Business”.


Standing Order 40(1) says:

“Oral Questions shall be entered before other business”.


The Motion in the name of the noble Baroness, Lady Smith, would remove the provision about notices relating to private business and the Chairman of Committees, if he so desired, being entered before public business—in other words, before handling any Bill that came. We do not think that a case has been made for removing this important part of our Standing Orders—certainly, no argument has been put for any part of the Motion.

We believe that the Standing Orders are an important part of the way this House operates and has operated well over many years. We have them to ensure that we know how business will be conducted, so any suggestion that we should remove or suspend any part of our Standing Orders should be taken seriously by your Lordships’ House, because we would be overturning many years of tradition. The purpose of the amendment is, as I said, to reinstate Standing Order 40(3), because we believe that it is important. I beg to move.

[The Deputy Speaker (Lord Lexden) (Con)]

I should inform the House that if any of Amendments 2J to 2Q are agreed I cannot call Amendments 3 to 27 by reason of pre-emption.

[Lord Mancroft (Con)]

My Lords, my noble friend has made an important, useful and helpful point to the House, which needs addressing. When noble Lords introduce Motions or move amendments in your Lordships’ House, the normal course of events is that they explain their purpose—what wrong they are trying to right and what purposes and effects they will have. The noble Baroness, Lady Smith, in moving her Motion talked generally about its effect, and we understand that, but she did not mention this at all.

This is a significant change and it is not quite clear why it is necessary. This area of the Standing Orders—the arrangement of business—is quite an old one and the reason why it has not been changed is that it works very well. It is, as my noble friend said, a tradition, but that is probably not its most important point. Standing Orders are practicalities, there for the practical purposes and workings of the House so that we all know how business is arranged, how it is conducted and why it is set out. There is a helpful little book, which I am sure all your Lordships have read—the Companion to the Standing Orders—which explains why those things are and how they work.