Prisons: Population
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The Minister of State, Ministry of Justice (Lord McNally)
My Lords, the Ministry of Justice will publish a Green Paper later this year setting out plans to reform sentencing and rehabilitate offenders more effectively. We hope and intend that a range of proposals in that document will be discussed which, if implemented, would have an impact on overall prison numbers.
Lord Dubs
My Lords, the Minister will be aware that the Justice Secretary’s statement that he intends to reduce the size of the prison population was most welcome. Does the Minister agree, though, that reducing the prison population will not necessarily save money? There are groups in prison, such as the mentally ill and drug addicts, who need treatment to get them to mend their ways rather than to be incarcerated.
Lord McNally
My Lords, I agree with the noble Lord, and that is why in part of the sentencing review we intend to look at the treatment of the mentally ill, in co-operation with the Department of Health, in terms of early identification of mental illness and making sure that people are diverted from the prison system into proper mental health treatment. The review will also look at drug rehabilitation. Part of the reassessment will be to see if we can provide systems of treatment which help to end drug dependency which, as the noble Lord will know, has been one of the factors in the revolving door of crime.
Lord Thomas of Gresford
My Lords, the recommendation of the Corston report in 2007 was that female prisons should be replaced by,
“suitable, geographically dispersed, small, multi-functional custodial centres”.
That recommendation was rejected by the previous Government in August 2008. Will the Green Paper put that forward again for consideration?
Lord McNally
My Lords, I pay tribute to the noble Baroness, Lady Corston, and the contribution she made to the discussion on women in prison. Four thousand women in custody is far, far too many, and we are developing a strategy which will ensure that the women’s estate has custodial and community settings, is fit for purpose and meets the needs of women offenders. However, I have to be frank with my noble friend that at this point in time we face the same problem as the previous Administration in providing the kind of small multifunctional custodial centres which the noble Baroness recommended.
Lord Elystan-Morgan
My Lords, I invite the Minister to give most urgent consideration to setting up a searching and comprehensive review of two questions: first, we incarcerate more people per 100,000 than any other country in western Europe and, secondly, our prison population has more than doubled over the past 25 years. Will he give an undertaking that future policy will be built upon a solid foundation, rather than upon the shifting sands of economic crises?
Lord McNally
My Lords, that is exactly the aim of the Green Paper that we hope to publish before the end of the year, in trying to get a sensible and sane discussion about prison numbers. It would be greatly helped if, every time there is an attempt at a rational debate of these issues, our national media did not turn it into a hysterical numbers game and suggest irresponsibility on the part of whichever Government are in power. I hope that when our Green Paper is published this House will play its usual constructive role in discussing these issues.
The Lord Bishop of Wakefield
My Lords, following the Minister’s comment about mental health cases and the desire to shift those from prison and custodial sentences, can we look forward to early proposals from the offender health division to implement last year’s recommendations by the noble Lord, Lord Bradley, in his excellent review of this issue?
Lord McNally
My Lords, yes indeed. The Ministry of Justice is working with the Department of Health and the Home Office to ensure that front-line criminal justice and health agencies focus on identifying those people with mental health problems at an early stage of the criminal justice pathway, and is exploring ways of diverting into health and social services those for whom this would be the better option.
Baroness Hughes of Stretford
My Lords, the Minister will know that at long last the Youth Justice Board has had some success in reducing the very large number of young people whom we incarcerate in this country. Given the Government’s announcement that they will disband the Youth justice Board, who now will be responsible for continuing this very welcome downward trend in the number of young people in prison in this country?
Lord McNally
My Lords, I pay tribute to the work of the Youth Justice Board. As the noble Baroness said, during its time it has overseen a very welcome drop in youth offending. It is not disappearing: its work will be reabsorbed into a unit within the Ministry of Justice.
Lord Bach
My Lords, of course it is common sense that if reoffending rates fall, fewer people will go to prison. However, how are the Government planning to get reoffending down when the comprehensive spending review plans to cut 10,000 jobs from the Prison Service and the National Probation Service? Does the Minister understand—I am sure that he does—that it is utterly and completely unrealistic to argue for cutting the number of prison inmates by 3,000 while at the same time decimating the National Probation Service?
Lord McNally
My Lords, first, the job figures cover a five-year period, and in some cases the reductions will be absorbed by natural wastage. Some of the excessive language that has just been used ignores the fact that the Administration will genuinely look at alternatives to prison. What has struck me in the very short time that I have been in this job has been seeing examples—often very small examples—of interventions with prisoners that have an extraordinary impact on reoffending. There was an example on “Today” last week of a charity finding accommodation for prisoners before they were released. Among the prisoners with whom it was working there was a 20 per cent reoffending rate rather than the 80 per cent in other categories. I believe that there are alternatives and I hope that the Green Paper will give scope for an intelligent and non-hysterical debate about these factors.
Public Expenditure: Members of Parliament
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Lord Grocott
To ask Her Majesty’s Government what would be the net cost implications for public expenditure of reducing the number of MPs to 600 and introducing 300 directly elected Members into the House of Lords.
The Minister of State, Ministry of Justice (Lord McNally)
My Lords, it is difficult to attribute the exact savings from having 50 fewer MPs.
Lord McNally
Our best estimate is £12.2 million annually, subject to decisions made by the Independent Parliamentary Standards Authority. Estimates on Lords costs will be given when the House of Lords reform Bill is published.
Lord Grocott
I am at least grateful to the Minister for enabling me to win my bet, which was that he would not answer the Question. I suggest that he looks at it like this. Will he confirm that on 5 July, his leader, the Deputy Prime Minister, said that the savings from reducing the number of MPs by 50 would be £12 million a year? Introducing 300 directly elected Members of the House of Lords, who of course would have much bigger constituencies, must therefore be at least six times that, at £72 million. Maybe the Minister’s departmental computer could confirm that that would mean a net cost of £60 million. At a time when the Government are looking for any possible cuts in public expenditure that they can find, and given that none of these reforms have any support among anyone out in the real world, why does the Minister not do the common-sense thing, save the money and scrap the lot?
Lord McNally
My Lords, I am rather hurt by the assertion that I did not answer the Question. The noble Lord has confirmed what my noble friend said in another place; that the cost for 50 MPs would be about £12 million. That is half the Question answered; that is five out of 10—a lot better than I used to do in some exams. On the second half of the Question, where the noble Lord is giving numbers for a reformed House of Lords and calculating on his own bases, we will have to wait for the Bill. He and I will then make calculations and be able to assess the cost. I am not in a position to answer both halves of the Question at this moment.
Lord Tyler
My Lords, does my noble friend recall that the previous Administration published a White Paper that had a section on costs for the House of Lords? The noble Lord, Lord Grocott, was a distinguished member of that Administration. Does my noble friend also recall that that Administration then had no economies to suggest for the House of Commons, and does he agree that the coalition is at least making a bid to find a reasonable equation?
Lord McNally
My Lords, I must say that the quality of the questions coming from the Liberal Democrat Benches today is extremely high. I am grateful for that question. I had forgotten that the previous Labour Government had done some costings; when I leave the Chamber, I will go and look at those costings and send them on to the noble Lord, Lord Grocott. That gives me an opportunity to say that the White Paper was partly the work of Mr Jack Straw, who, sadly, has moved from the Joint Committee because he has returned to the Back Benches. The quality of the Bill that is produced for this House in due course will owe much to the work done by Mr Straw, including his calculations on costs.
Lord Boston of Faversham
My Lords, does the Minister agree that the cost of reducing membership of the House of Commons by any number would be worth paying? Does he also agree that the cost of providing 300 directly elected Members of your Lordships’ House would not be worth paying?
Lord McNally
These are judgments that Parliament will make in due course. The argument for reducing to 600 has been well discussed at the other end of the Corridor and has been moving with all due speed. We will shortly have the opportunity to debate these issues ourselves.
Lord Campbell of Alloway
My Lords, does this Question not pre-empt the decision of this House as to whether it will retain an appointed Chamber? Is it really possible to consider this, which is a matter of cost, when retention of the Chamber as constituted is a matter of quality of advice to the nation?
Lord McNally
My Lords, I agree with my noble friend. One of the problems with the persistence of the noble Lord, Lord Grocott, in putting these Questions on the Order Paper, is that much of this is idle speculation by him. We will soon have the Bill and then we can have a proper debate.
Lord Howarth of Newport
My Lords, would not such a reduction in the number of Members of the House of Commons have larger and dangerous implications for the control of public expenditure? With the payroll vote being a yet larger proportion of its Membership, would not the freedom of the House of Commons to scrutinise the Government’s proposals for public expenditure, and its capacity to hold the Government to account for their performance over public expenditure, be enfeebled even beyond its present inadequacy?
Lord McNally
In responding seriously, I honestly do not think that this is a numbers game. I agree with the noble Lord that, whatever reforms are carried out at this end, the House of Commons should also sharpen up its act in holding the Executive to account.
Charities: War Zones
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Lord James of Blackheath
To ask Her Majesty’s Government whether they will clarify the responsibilities of charities under the Corporate Manslaughter and Corporate Homicide Act 2007 when placing representatives in war zones.
The Minister of State, Ministry of Justice (Lord McNally)
My Lords, charities have responsibilities when placing representatives in war zones, but the Act referred to in the Question applies only when the harm that leads to a death occurs in the UK, UK territorial waters, or on a British ship, aircraft, hovercraft or an offshore installation covered by the UK criminal law.
Lord James of Blackheath
My Lords, I thank the Minister for that reply. Does he share my concern that this somewhat difficult Act contains within it a form of Catch-22, whereby any attempt to try to increase accountability might have a knock-on effect on charities to the extent that they cannot afford the risk of sending abroad the people to administer the money that they raise, which would have very serious effects to the detriment of British charitable support? Can we find a way round that problem of increased accountability?
Lord McNally
My Lords, I read the report of the Committee on that Bill of 5 February 2007, when my noble friend raised a similar doubt, and the noble and learned Lord, Lord Goldsmith, gave him reassurances on this matter. I do not think that we can go beyond those reassurances, as we do not believe that the Act has the adverse effect on charities that he feared then and evidently still fears.
Lord Phillips of Sudbury
My Lords, does my noble friend agree that, although, as he says, the 2007 Act and criminal law do not apply to staff of charities working in war zones abroad, civil law and common law apply and the law of negligence is very much alive to those circumstances? Do the Government offer any advice or assistance to overseas charities having to make very difficult judgments vis-à-vis their staff when they are put into highly vulnerable circumstances?
Lord McNally
Yes, my Lords, we do. The issue is difficult and is a matter of judgment for the charities and for the individuals concerned, but we do not say that those very brave individuals should not go. I pay tribute to those who are willing to go into places of danger on behalf of charities. The Department for International Development draws the attention of NGOs to FCO travel advice for the area and the Charity Commission provides guidance to charities working internationally on how to manage the risks to their staff.
Lord Elystan-Morgan
Will the Minister kindly tell the House, since the Act came into operation three and a half years ago, how many prosecutions there have been, how many civil actions have been commenced, and if so with what result?
Lord McNally
I am afraid that I shall have to write to the noble Lord on those questions.
Lord Campbell-Savours
Are most representatives of charities who go into these war zones generally covered by insurance?
Lord McNally
They can be insured, but if they are going into very dangerous places it may be very difficult to get comprehensive insurance, which I suspect is the issue behind that question.
Political Parties, Elections and Referendums (Civil Sanctions) Order 2010
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Lord McNally
That the draft order laid before the House on 8 April be approved.
Relevant Document: First Report from the Joint Committee on Statutory Instruments.
The Minister of State, Ministry of Justice (Lord McNally)
My Lords, this order, which is to be made under Schedule 19C to the Political Parties, Elections and Referendums Act 2000, as amended by the Political Parties and Elections Act 2009, permits the Electoral Commission to impose civil sanctions for breaches of the party funding regime established by the 2000 Act. The Committee on Standards in Public Life conducted a review of the Electoral Commission in 2007. It found that currently:
“The only sanction that the Electoral Commission has if the parties do not comply with legislation is to name or shame or, if the offence is sufficiently serious, it can refer it to the Crown Prosecution Service for criminal prosecution”.
The committee recommended a new system of penalties to enforce the regulatory framework set out in the 2000 Act. The 2009 Act was intended to tighten the controls on spending by political parties and candidates, and part of that process was to strengthen the regulatory role of the Electoral Commission. As such, that Act gave the Electoral Commission new powers to investigate potential breaches of party funding law itself rather than have to refer most things of any potential seriousness to the police and to apply a range of civil sanctions as an alternative to criminal prosecutions. We are keen to fulfil this commitment, one that was made by the previous Government.
Following Royal Assent to the 2009 Act, the Electoral Commission initiated a consultation on its proposed enforcement policy. The responses to the consultation and the commission’s resulting recommendations were considered by the Government during the development of the order, alongside the valuable technical advice which was received from the Electoral Commission itself. The 2009 Act inserted into the 2000 Act the key principles behind the powers to impose civil sanctions, including the type of civil sanctions that will be available to the commission, broadly how they will operate and the right of notice prior to the imposition of sanctions, and appeal to the county court or sheriff thereafter. The powers closely mirror those set out in the Regulatory Enforcement and Sanctions Act 2008, which established a sanctions framework for analogous regulators.
It is important to make it clear that these new powers are intended to supplement, and not to replace, the existing ability of the police to investigate an offence, and the Crown Prosecution Service to bring a criminal prosecution. Part 1 of Schedule 2 to the order specifies those offences that will be capable of attracting either criminal or civil sanctions depending on what the commission, the police and the CPS think is the right approach in each case. An individual cannot be proceeded against for the same wrong by the civil and criminal routes. Part 2 specifies these restrictions and requirements that will be capable of attracting only civil sanctions.
Part 3 ensures the continuation of provisions which are currently set out in Section 147 of the 2000 Act and which will be removed from the Act when the new powers are commenced. These provisions enable the commission to impose a sanction on an organisation for the act of one of its officers for a limited range of transgressions. The list set out in Part 3 reflects the list currently set out in Section 147 of the 2000 Act with the addition of Section 41(1), failure to keep accounts, and Sections 41(4) and (5), failure to maintain accounts for six years.
By contrast, those offences in the 2000 Act which are not included in Schedule 2 to the order will remain subject only to criminal sanctions. Examples of such offences are in Section 61(2), knowingly giving false information to a party treasurer, or withholding information with intent to deceive, as set in Section 148(1), or altering, suppressing, concealing or destroying, or permitting the same, of documents relating to the financial affairs of a supervised organisation or individuals.
Lord Bach
I am very grateful to the House for that acknowledgement. Both as treasurer and chairman I could be affected by the legislation that is now on the statute book.
I congratulate the Electoral Commission on the note it sent to noble Lords on this order, but I invite it to use its considerable powers—and they are considerable, as has been pointed out in the debate—with care, tolerance and humanity, bearing in mind the voluntary nature of so much political activity in this country. We support the order.
Lord McNally
My Lords, I shall reply briefly to this debate. I am sure that we are all impressed by the climb of the noble Lord, Lord Bach, from treasurer to party chairman. Disraeli called that climbing the greasy pole.
I shall also respond briefly to the noble Lord’s point about the Ministry of Justice. Twelve years ago, I served on an inquiry, initiated by this House and chaired by the late Lord Slynn, into whether the ethos of public service was still alive and well in our Civil Service after the changes that had taken place in the 1980s and 1990s. Our report stated that yes, it really was alive and well—people in our public service were motivated by a sense of public duty and public service. Since returning into government five months ago, my experience has been such that I would not change a word of that report. I have been much moved and impressed by the dedication of the public servants with whom I have worked at all levels. I am well aware that percentages are meaningless for the individuals concerned. For them, the unemployment is 100 per cent. Therefore, we will try to manage the changes that we judge to be inevitable with a duty of care to those people and with as much humanity as we possibly can.
I am very familiar with this topic because more than a decade ago I was on the Benches opposite arguing about the Bill and many of the things that the noble Lord, Lord Martin, raised. I remember the noble Baroness, Lady Gould, and myself, as two former party officials, pointing out that the Bill was couched in terms that made the treasurership of a political party sound like one of those golden prizes in politics, whereas the hard truth is that it is usually given to someone who has inadvertently left the room at the wrong time. It was argued at the time that the commission would have all kinds of talents except perhaps the most valuable talent of all—the ability to run elections at the sticky end for the political parties. The most recent appointments to the commission have been an attempt to remedy that, because the nominees have come from the political parties. I hope that that answer meets the point that was raised.
The noble Lord, Lord Martin, and my noble friend Lord Tyler asked whether the heavy hand of sanctions would come down on inexperience or on genuine mistakes. The Electoral Commission, in putting forward how it wants to approach these matters, said:
“We recognise that many of those responsible for complying with the law on party and election finance are volunteers … The new civil sanctions will allow us to use more constructive approaches to secure compliance in cases where the law has been broken. For example, we could issue a statutory notice designed to improve future compliance, rather than just imposing a less flexible penalty such as a fine.”
As the noble Lord, Lord Bach, said, a lot of work was done on this before the general election, and this order reflects that. The thinking behind it is that the Electoral Commission was faced with using either a tap on the wrist or a criminal prosecution. The order gives it a range of measures. What is in the order, and what is in the remarks that I made when I introduced it, is the point that the Electoral Commission is in no doubt that proportionality will be expected of it. With political experience in the commission, I hope that it will be able to use these powers with due proportionality and that there will be no sledgehammer, as the noble Lord, Lord Martin, and my noble friend Lord Tyler feared.
My only other point is in response to my noble friend Lord Tyler, who asked about the funding of political parties. This is a firm commitment in the coalition agreement. It was mentioned in the Queen’s Speech. I am tempted to say that the Government will move directly to the measure as soon as reform of the House of Lords has passed, but that might be seen as not the kind of commitment that the House is looking for. As my noble friend Lord Tyler said, noble Lords on all sides of the House know that in the previous Parliament we came very close to getting agreement on party funding. The coalition Government are committed to try again and we hope, as the Opposition are nodding vigorously, that if we initiate a new attempt to get agreement on party funding, we will succeed this time.
Lord Bach
I absolutely agree with everything that the noble Lord has said, but if he wants to know the reason why the talks on political funding failed—as Christopher Wren said when asked for what his monument would be—he should look around him. It is the people with whom he is in coalition who have prevented it happening.
Lord McNally
I would prefer to leave those matters to the historians. We are looking forward. The Committee on Standards in Public Life is making a report. The report to which my noble friend Lord Tyler referred is on my desk at the moment. I think that we have a really good chance of taking matters forward. As I have said before, all the major parties have at some time or other faced problems, embarrassments and difficulties because of our way of funding political parties. If we really apply ourselves early in this Parliament to the problem, we could and should find a solution.
I commend the order to the House. It will help the party activists. I finish by endorsing the comments made by my noble friend Lord Tyler and the noble Lords, Lord Martin and Lord Bach, who all have campaign medals as party activists. Nothing annoys me more during a general election than knocking on a door only to be told by some proud person that they never vote and that we are all in it for what we can get. We know that our democracy works because of the tens of thousands in every political party who are willing to do those hard, dull jobs such as sticking things through doors and knocking on the doors of perfect strangers to engage them in discussion. They are the people who make our democracy work. I pay tribute to them and hope that this order will make that voluntary work a little easier.
Prisoners: Voting
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Lord Ramsbotham
To ask Her Majesty’s Government what action they are taking to comply with the judgment of the European Court of Human Rights on the voting rights of prisoners.
The Minister of State, Ministry of Justice (Lord McNally)
My Lords, the Government have been actively considering the issue over the summer and this work is continuing.
Lord Ramsbotham
My Lords, I thank the Minister for that reply. I understand that responsibility for the issue has now been passed to the Deputy Prime Minister, who announced that action was being taken. When I last asked this question in June, the Minister told the House that we would receive an answer in October. I gather that has now been deferred until December. I dread to think what would happen in this country if anyone who was made the subject of a court order did nothing about it for six years—the time that has passed since this order was made, and it has been five years since the appeal. Can the Minister assure the House that intentions are being carried out to enable those prisoners who will be allowed the vote to vote in the elections next May?
Lord McNally
My Lords, that is a trick question because it assumes that a decision has been made about the vote being granted to prisoners. I have said that the Government have been actively considering the issue over the summer. It is only five months—not five years—since this Government came into office. We are looking at the situation and will make a report to the European Council of Ministers, as we promised over the summer, at its meeting on 30 November.
Lord Trefgarne
My Lords, is it not the case that there is room for more than one respectable view on this matter? Is it not further the case that, apart from the noble Lord, Lord Ramsbotham, and, presumably, the judges of the European court, very few people are in favour of this proposal? Will the Minister be guided accordingly?
Lord McNally
I agree with my noble friend that there are people who believe passionately that the removal of the vote is a proper sanction for someone who has committed a crime that justifies a prison sentence. There are also people—the noble Lord, Lord Ramsbotham, is one—who see the granting of the vote to a certain category of prisoner as being a useful way of rehabilitating them into society. Both views are perfectly respectable. The Government are considering both views and will make their decision in due course.
Baroness Kennedy of The Shaws
It is a question. I remind the Minister of the view taken by David Howarth when he was the Liberal Democrat justice spokesman. He said:
“It is unacceptable for the government to pick and choose which human rights treaty obligations it fulfils just because it feels the issue is unpopular”.
Is this another fault line within the coalition and one of the areas where the Government want to remain silent? It is important that we hear clearly from the Government—and soon—what is intended with regard to an order that was made about the civic rights of prisoners. What does the Minister have to say about whether there is a fault line here?
Lord McNally
I can absolutely assure the noble Baroness that no such fault line exists. As I have explained already, over a period of five months we have been looking at the situation and listening to various points of view. There is a Council of Ministers meeting on 30 November and we will update that council meeting in due course. We have not been unduly laggard in looking at the issue and, as I have said, the work is continuing.
Lord Scott of Foscote
Is the Minister aware that the rulings of the Strasbourg court are not binding on our domestic courts? Section 2(1)(a) of the Act states that Strasbourg court rulings should be taken into account, but an amendment to make them binding was rejected by this House and was never part of the Bill. Is the Minister aware also that the Hirst (No. 2) judgments contained a dissenting opinion from five of the 17 judges, including Judge Costa, and that in the opinion of many, including myself, the dissenting opinions are far more convincing than those of the majority? In these circumstances, does the Minister agree that it is not open to the Strasbourg court to add to the human rights enshrined in the convention in the manner in which it from time to time does, and that, so far as the issues in the present case are concerned, the Government should do no more than simply reaffirm the present position? Does the Minister finally agree—
Lord Scott of Foscote
Does the Minister finally agree that the Government must govern this country according to the laws in force in this country without regard to the occasional extravagances of the Strasbourg court?
Lord McNally
My Lords, one of the values of Questions like that of the noble Lord, Lord Ramsbotham, is that it provokes interventions such as that. It means that we get, for free, legal opinions that would on normal occasions cost us a fortune.
Lord Lester of Herne Hill
My Lords, is the Minister aware that there is an obligation under Article 46 of the convention to abide by the judgment? Is he aware that the British judge, Sir Nicholas Bratza, formed part of the majority? Is he aware also that Ireland, Cyprus and Hong Kong have all managed to introduce postal voting for prisoners without the slightest difficulty? Finally, is he aware that in November and December, the British Government will have to hang their head in shame in the Committee of Ministers when dealing with compliance with other judgments for being in default for more than six years?
Lord McNally
My Lords, slightly more respectfully perhaps, I again make the point that one of the advantages of a Question like this is that it enables us to learn the broad spectrum of opinion and hear details of research, which probably reassures Members over why we are taking such a time carefully to consider this matter before the meeting on 30 November.
Divorce
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The Minister of State, Ministry of Justice (Lord McNally)
My Lords, I thank the noble Baroness, Lady Deech, for initiating the debate. The fact that she has done so is fully justified by the quality of the contributions. I start at the end, as it were, by responding to the noble Lord, Lord Bach. I am well aware of his work and concern in this area. I do not think that there is any break in the approach as between the two Governments. We shall build on what the noble Lord did under the previous Government. He has already reflected on there being no silver bullets or quick-fix solutions to this matter and said that it has to be thought through, listening carefully to experience and advice on all sides. As he rightly said, we are dealing with extremely complex financial and emotional issues.
As the noble Lord knows, the justice review to which he referred is conducted by an independent panel chaired by David Norgrove. It will publish an interim report in the spring of 2011, when we will get the first impact of its thinking. The Government will await the outcome of the family justice review before making any firm decisions on comprehensive divorce law reform. However, dissatisfaction and complaints have emerged from all sides in this debate, from those who have gone through divorce and from divorce practitioners. I was not shocked by the speech of the noble Baroness, Lady Deech, as I had seen the letter that she had sent to colleagues, in which she outlined her approach to these matters. I certainly do not consider her views idiosyncratic. I would be a brave man to do so in any circumstances, but particularly so as regards the field we are discussing.
As the noble Lord, Lord Bach, said, we live in an age when there are many divorces. The timely intervention of the right reverend Prelate the Bishop of Blackburn and the contribution of the noble Baroness, Lady Murphy, were right. In all but a few cases, we enter marriage in the belief that it is for life. When it sometimes does not end up like that, it is very traumatic. I am not sure that we are all like the girls in a Manchester school who, when asked in a recent television survey, said that their ambition in life was to marry a footballer as a way to fame and fortune. The implication was that a marriage in those circumstances would be fairly short. However, the right reverend Prelate’s speech resonated for most people in terms of a moral approach to marriage—a determination to try and make it work. The law’s job when breakdown occurs is to try and help as much as it can in ensuring a civilised break.
I listened to the noble Baronesses, Lady Deech and Lady Meacher, and I agree that the independence of women has recently increased enormously. However, I am still not sure that the balance in divorce cases is quite as equal as they imply. As the noble Baroness, Lady Murphy, implied, it can often be unequally weighted against the woman in terms of being able to maintain standards or build a career after divorce. As we know too well from some of our crime statistics, far too many women in this country have to manage dysfunctional families long after the male has gone.
Baroness Meacher
My Lords, I am responding to the noble Lord’s indication that we were implying somehow that the positions of men and women are equal. My concern—and perhaps that of my noble friend Lady Deech, though I should not speak for her—is simply that things have changed a great deal in the past 40 years, and the law was written at a time when the position of women was very different from what it is today. Situations vary. There are occasions when the woman is the all-powerful and rich earner, and others when it is the man. All situations have to be judged on their merits. I did not want the Minister to take that as a suggestion of equality.
Lord McNally
I fully understand and accept that. Things have changed a great deal in the past 40 years, but a lot of things have stayed the same. We have to take both realities into account. In terms of divorce, the lower down the social scale—if that is the right description—the less things have changed. I can quite imagine that the qualified professional woman is able to re-establish herself very quickly. The woman who has been holding a family together but is very much dependent on a male breadwinner is in a very much different situation. I just make the point that when we are looking at reform, we have to ensure, as our system does, that judges consider three principles—need, compensation and sharing, shaped by the overarching requirement for fairness. Each party is entitled to an equal share of the assets of the partnership unless there is good reason to the contrary, but the yardstick of equality is to be used as an aid, not as a rule. Any decision will be based on individual circumstances and needs. The court does not impose a one-size-fits-all solution. Consideration will be given to the potential earning capacity of both parties. Spousal maintenance orders can be conditional and time-limited, ending in any case if the recipient marries again. One-third of divorced couples make an application for ancillary relief, but a large majority of them seek simply a consent order.
Mention was made by, among others, the noble Lord, Lord Grantchester, and the noble Baroness, Lady Deech, of prenups. We await with interest Wednesday’s ruling of the Supreme Court in Granatino v Radmacher. At present, the courts can take into account prenuptial agreements as part of the balancing exercise that judges must undertake in ancillary relief proceedings under Section 25 of the Matrimonial Causes Act 1973. The judges can still apply discretion—
Lord Davies of Stamford
I am grateful to the noble Lord for giving way. He has read out a list of the various arguments and considerations that the courts, under the Matrimonial Causes Act, can take into account, including—to the extent to which they may wish to do so—the existence of a prenuptial agreement. Would he not agree that the problem is that because there is such a range of criteria, principles and precedents, it is impossible in any one case to give professional advice or predict what the likely outcome, or weighting between those considerations, will be? Would he not agree that a law that is not clear is a bad law?
Lord McNally
Certainly, a law that is not clear is a bad law. That is why we will consider carefully the outcome of the Supreme Court decision, and then the recommendations of the Law Commission, which will look at reforming the law. I hope that we will be able to do that with some urgency.
Another issue raised was that of “the divorce capital of the world”. The term has gained traction mainly because of some high-profile cases with large sums involved. However, I noted a comment by Lord Justice Thorpe, who said:
“There are only 17 judges of the family division”—
of the High Court—
“whose primary responsibility is to justice domestically. There they operate under great pressure of work. I question whether there should not be a more stringent allocation of judicial time to cases such as this where the parties have slender connection with our jurisdiction”.
As I said, there has been criticism of the system by the judiciary as well as by those who have to go through it.
Another point made by the noble Baronesses, Lady Deech, Lady Meacher, and Lady Murphy, concerned the issue of mediation. My colleague in the other place, Jonathan Djanogly, said the other day:
“Too often people in family breakdown situations use court as the first answer when they shouldn't. Often it's dealing with contact with children or intimate personal relationships that really shouldn't be going before the courts”.
The Government's view, which is shared by the noble Lord, Lord Bach, is that there is a prospect of putting forward mediation as an alternative to expensive and emotionally charged court proceedings. It is an interesting fact that about 70 per cent of publicly funded cases in which mediation is attempted end up with a successful outcome reached away from the courts, and 60 per cent of publicly funded parties who learn about mediation end up with a successful outcome reached away from the courts. The figures for self-funding parties are similar if not higher. In looking at reform, the Government and many outside experts believe that we should publicise mediation and encourage it to be used much more than it is at the moment.
The contributions from all sides have indicated that our law is in need of examination. That examination is under way: the Supreme Court is considering prenups, while the study group and the Law Commission are also looking at the issue. We hope that, in 2011, those findings and studies will come together, which may be an opportune time to look at a range of reforms to our divorce law, so that it meets real needs and many of the criticisms that have been voiced today.
Again, I thank the noble Baroness, Lady Deech, for raising this issue. I cannot give a snap answer to the question that she has raised in this short debate, but I hope that I have given a sense that we are continuing the initiatives of the previous Administration with a sense of urgency and that we shall look at the matter when the various studies come to fruition.
Parliamentary Voting System and Constituencies Bill
Lord McNally Excerpts(14 years, 2 months ago)
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Lord McAvoy
To ask Her Majesty’s Government what they consider would constitute a “significant change” to the Parliamentary Voting System and Constituencies Bill such as would, according to the oral evidence given by the Electoral Commission to the House of Commons Political and Constitutional Reform Committee on 14 September, affect the referendum date if made after 5 November.
The Minister of State, Ministry of Justice (Lord McNally)
I am grateful to my noble friend Lord Attlee for warming up the House. The rules for the conduct of the referendum are very closely based on those for parliamentary general elections. We therefore consider it unlikely that significant issues will arise during the passage of the Parliamentary Voting System and Constituencies Bill.
Lord McAvoy
My Lords, I thank the Minister for his Answer and I promise that I will not mention Mr Mark Harper. But the Minister will be aware that the Electoral Commission has to have that legislation by 5 November, six months before polling day. Does that not mean that this House is being held to ransom by restricting our capacity to revise and amend the Bill, thereby placing limits on the constitutional role of this House?
Lord McNally
My Lords, I have no objection to the noble Lord mentioning Mr Mark Harper, whose profile seems to be increasing by the hour. In fact, he sent me a message about his triumph only last night from the other place where the Bill cleared various hurdles with very comfortable majorities. It is only a week or so since the noble Lord, Lord Grenfell, was telling me that this House would not have proper time to debate the Bill. Let us see. The Bill seems to be making good progress in the other place and when it comes here, as always, the Government will listen carefully to the views of this House.
Lord Tyler
My Lords, will my noble friend confirm that the significant change to which this Question relates can be relevant only in terms of Part 1 of the Bill, which, as my noble friend has already said, made considerable progress in the other place yesterday? In those circumstances, will he take this opportunity to assure the House that if there is an importation of Commons filibustering tactics on the Bill this would not be encouraged?
Lord McNally
My Lords, personally, I would think nothing so unworthy of the Members of this House. This Bill deals with matters mainly to do with the House of Commons. When it comes here, this House will treat it with the respect due to such a Bill, but will give it the scrutiny that will help the Government in making it a good Bill to take to Royal Assent.
Lord Falconer of Thoroton
My Lords, it is such good news to hear about Mr Mark Harper doing well in the House of Commons. In relation to this Bill, regulations are being passed before the Bill has even had its Second Reading in this House. In addition, the referendum will take place on a day that all the evidence to the Select Committee on the Constitution in this House said would be a day on which the referendum would get swamped by the Scottish election general, the Welsh general election and the local elections. Will the Minister explain what the hurry is? Why can the referendum not take place within 12 months from May?
Lord McNally
First, I welcome the noble, right honourable, learned and everything else Lord back to the Front Bench. It is said that they never come back, but there he is. A lot of scaremongering and false arguments are being put forward. Various bodies are suddenly elevated in their opinion. The Electoral Commission has said that it is possible to successfully deliver these different polls on 5 May. I suggest that, instead of trying to imply that the process is somehow flawed, we should watch its steady progress where we will deliver a very thorough examination at this end. I am sure that we will have an excellent Second Reading debate and a good Committee stage, and the Bill will be all the better for the deliberations of the House of Lords.
Lord Grocott
Does the Minister remember the numerous occasions when he was sitting down there on which he complained about Bills being rushed through the House of Commons without proper scrutiny and subject to draconian timetabling rules? This Bill currently going through the House of Commons was described, I should remind him, by the Leader of his own party as being part of the most significant parliamentary reform since the Reform Act 1832. It is being rushed through in four weeks. Has the transformation in the Minister’s personality between when he was sitting here and now that he is sitting there reached a position whereby he thinks that four weeks in the House of Commons to consider a major constitutional Bill that has had no pre-legislative scrutiny is sufficient?
Lord McNally
We all go through transformations. Here is a Question put down by the noble Lord, Lord McAvoy, and supported by the noble Lord, Lord Grocott, two of the most—let me put this at its most polite—efficient government business managers in either House. If anyone doubts that, there are probably Members on that Bench who have the scars that show the persuasive talents of both noble Lords. The fact is that all oppositions complain that Bills are being railroaded and stampeded—
Lord McNally
Yes. Instead of all this indignation, why not wait for Second Reading, when noble Lords can make their speeches? As I have said, Mr Mark Harper is taking personal responsibility for this Bill in the other place and is making excellent progress. If I can emulate Mr Harper’s success, I will be well pleased.
Prisons: In-cell Sanitation
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Lord Ramsbotham
To ask Her Majesty’s Government what is their response to the finding of the report of the National Council for Independent Monitoring Boards that in some prison establishments the lack of in-cell sanitation means that slopping-out, officially ended in 1996, still continues.
The Minister of State, Ministry of Justice (Lord McNally)
My Lords, slopping-out should not occur in the 21st century. However, it is simply not possible to install in-cell sanitation in all parts of the accommodation at certain prisons and electronic unlocking is the best option for the provision of sanitation.
Lord Ramsbotham
My Lords, I thank the Minister for that reply but, as he knows, today 20,000 prisoners may have to defecate into a bucket, which will remain with them in their cell until they are let out from that cell. The electronic system, which was used as the justification for saying that the process had ended, does not work all the time—indeed, it is switched off during the day—and too many prisoners spend all day locked up in their cells. Can the Minister assure the House that something will be done to improve this disgraceful and uncivilised situation and will he undertake to report back to the House at regular intervals as to what improvements are being made?
Lord McNally
My Lords, I do not recognise the figure of 20,000—or was it 2,000? I thought that the noble Lord said 20,000.
Lord McNally
He did; to err is human. I have read the independent monitoring board’s report, which prompted the noble Lord’s question, and it does not make easy reading, but I put it to him that, as he must have experienced during his time as inspector of prisons, this problem is in a small number of prisons—nine—that do not have these facilities and which, with just under 2,000 places, make up about 3 per cent of the total prison estate. We are looking at the situation and consulting about guidelines to governors to see how it can be improved, but in the present state of the prison estate we do not see the opportunity in the near future to supply in-cell toilets in these places and therefore the electronic system will continue.
Baroness Linklater of Butterstone
My Lords, is my noble friend aware that Grendon prison, our only therapeutic prison, which deals with prisoners with particularly challenging psychiatric issues, is one of the 10—I think that it is 10, but I may be mistaken—prisons without integral sanitation? Does he not agree that, given the particular challenges in that prison, it is unacceptable to be queueing or, most of the time, stuck in your cell with a pot?
Lord McNally
It is true, as my noble friend said, that Grendon has a particular and very challenging regime—it is a therapeutic prison. It is perhaps surprising that it should be a prison that does not have in-cell facilities. However, the question is whether we keep the real benefits, which I think my noble friend would acknowledge, of what goes on there in the therapeutic approach to prison for some very difficult prisoners. The toiletry situation is a problem, but it is managed by the electronic locking system. On balance, I would prefer to keep the success of Grendon as a therapeutic prison, even with the downside of the lack of in-cell facilities.
Lord Anderson of Swansea
Are women’s prisons completely free of this uncivilised practice?
The Lord Bishop of Liverpool
My Lords, I gather that in-cell sanitation is covered by Prison Service Order 1900. Whose responsibility is it to oversee the application of Prison Service orders and this one in particular? What power does the independent monitoring board have in relation to NOMS to make sure that these observations are acted on?
Lord McNally
On the latter point, it is an independent board and a very welcome independent board. As these exchanges prove, it does its job. NOMS has to respond. It is responding by reviewing at the moment the accommodation standards guidelines and updating guidance to prison governors. The overall responsibility rests with Ministers of the Ministry of Justice. We oversee, while NOMS reports to us. The dilemma that we face in 3 per cent of the prison estate is that old cells—some of them were built surprisingly recently, in the 1960s—are too small to accommodate in-cell facilities. The other side to this is that, where there are no in-cell facilities, there is only one prisoner to a cell but, where there is a toilet in the cell, there are two prisoners to a cell, which also has its downsides.
Lord Elton
My Lords, does NOMS provide additional manpower to deploy when the electronic system is not working in order to mitigate the results?
Lord McNally
My Lords, I understand that that is the process. If there is any failure or any increase in demand, the prison authorities redeploy guards so that the electronic system can be used and so that when, occasionally, the system breaks down, it can be operated manually.
Lord Corbett of Castle Vale
My Lords, on the problem of providing in-cell sanitation in older prisons, I invite the Minister simply to put his foot down and say, “These cells will not be used from the end of this month”. That is the way to solve this.
Lord McNally
Well, I can answer a question with a question. We inherited a prison population of 83,000. That also has problems in terms of accommodation.
Lord Selkirk of Douglas
Does the Minister accept that, whenever there is an improvement in conditions in prisons, it tends to lead to a reduction in tension between prison officers and prisoners and is invariably in the public interest?
Lord McNally
Absolutely. I have read this report and followed it up. Prisoners lying back on their Dunlopillo mattresses watching colour television before taking a Jacuzzi is the image of prison life given in some of our popular press. Prison life is grim and sometimes downright unpleasant. Whether that meets with approval or not, it is the reality.
Baroness Howe of Idlicote
Having listened to what has been said today, I think that we cannot tolerate this situation and I hope that putting it right will be top of the agenda for prison governors, NOMS and everybody. At least as a temporary measure, if any of this is going on in prisons where prisoners are still locked up during the day, could I ask that we encourage the firms that the Government are thinking of encouraging to set up a business or factory within the prison so that at least the prisoners can be employed during the day?
Lord McNally
As we have already been doing, we will certainly consider the idea of in-prison work. The dilemma is whether you have toilets in a cell, which is not itself particularly pleasant when you also eat your meals in that cell and share it with another person, or an efficient system of release to a wash block where toilet facilities are available. That is what is used in 3 per cent of the prison estate. I am not sure that I can give the noble Baroness or any noble Lord an early solution to that dilemma.
Referendums: Constitution Committee Report
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The Minister of State, Ministry of Justice (Lord McNally)
My Lords, I think the whole House will want to send our sympathy to Mr Mark Harper. Not since Mark Antony outsmarted Brutus has such an orator turned his forensic skills on someone. Here we have the noble and learned Lord, Lord Falconer—a professional wordsmith, a Queen’s Counsel, a positive Cicero—turning all his powers on to an accountant. Now he is appealing for sympathy from the House. I am sure that Mark Harper will survive.
It is difficult to respond to a debate like this. I have a well written 15-minute ministerial response that would cover a number of the issues, but it would not catch the flavour of the debate. I will try to do so instead by responding to some of the questions, but I ask for the understanding of the House. In this debate we have covered Northern Ireland, the role of the Lord Chancellor, links between the judiciary and the legislature, Europe, constitutional reform, local government and elected mayors, and devolution in Scotland, Wales and England. In just some of the speeches, I think there was some rehearsing of Second Reading speeches for future legislation. I will try to respond in the context of the report.
The attitude that I have taken to constitutional reform all my political life is that I agree that one should look for consensus where possible. I agree with the noble and learned Lord, Lord Falconer; I still count as one of the most fruitful and useful periods of my political life the time that I spent serving on the Cook/Maclennan committee before the 1997 election, when we hammered out a lot of the ideas that occupied the first period of the Labour Government after that election. We were pleased to give our support to that range of constitutional reforms.
One should look for consensus, however, only if it can be achieved. I have also said in debates in this House that if the Reform Act 1832 had had to wait for consensus, the Member for Old Sarum would probably still be sitting in the House of Commons. Sometimes constitutional reform is carried through by an individual or a Government with a clear idea of what they want to do and the guts and determination to carry their argument through both Houses.
I shall be frank about where I stand on the question of referendums. The noble Baroness, Lady Quin, reminded us where she and I started on this. I was actually in the meeting of the national executive of the Labour Party when Mr Anthony Wedgwood Benn proposed that the party should adopt a referendum on Europe as its policy, and he could not find a seconder for that resolution. That was because most of the parliamentarians sitting around that table expressed the view of referendums that has been expressed many times in this House and, to a certain extent, is reflected in the report—the suspicion that referendums had been used in the past by fascist dictatorships and that they undermine the essential basis of a parliamentary representative democracy. The fact that a year or so later Mr Benn carried his resolution does not negate the point. I suspect that my generation and those who are older probably share the view of the noble and learned Lord, Lord Howe of Aberavon, that referendums are best kept for Welsh opening hours rather than for more serious matters.
On the other hand and to put it into context, a few weeks ago I expressed these views to one of the younger MPs from my parliamentary party. He fiercely, and with a gleam in his eye, denounced me for such views, saying that if we were ever going to reconnect with the people, we must keep an open mind about the use of different kinds of systems for engaging the public. He was firmly of the view that the use of referendums and some of the ideas for involving people that were outlined in the Power report—such as the new schemes for involving and consulting people via the internet—were the new politics and that we must recognise that.
I read the report with great interest but with a feeling that perhaps there is a generational difference in attitudes to such things. Down the corridor there are people who are willing to look at these issues and challenge some of our more small “c” conservative views about the use of referendums. As the noble Lord, Lord Owen, pointed out, they have been used since 1975, not on a national basis, but frequently and sometimes with good benefit. I take the point that was made about the vote in Northern Ireland, which undoubtedly helped to cement the agreement.
I congratulate the noble Lord, Lord Goodlad, and the noble Baroness, Lady Jay, respectively, on the report and on securing time for this debate. It has been an excellent debate—one of those that you are fearful of when it is your job to reply, as you see all the school debating stars coming out for the game. It is a tribute to the committee that, as has been pointed out, so many of those who have spoken today were not members of it. We get used to having debates on reports where virtually all the speakers were from the committee itself. It shows the quality of this report that it has brought out such a varied range of experts in the topics under review. I also say to the noble Baroness, Lady Jay, that I have not found a committee report that has been so much respected by officials and Ministers. This is not a report that has been put on the shelf and forgotten. It has been read and this is reflected in the legislation that is going through Parliament at the other end. It is difficult at the moment to give all the answers because things may be changing even as we speak.
However, I know that there have been responses to the report—for example, on the wording of the question —which would certainly not abdicate responsibility. This is the Government’s policy. Although it seems that there is a superficial attraction to saying “Hand it across to a neutral party”, it is the Government’s view that is being put to the people. However, they took notice of what the committee said. I believe that an amendment has already been tabled in the other place, reflecting the Electoral Commission’s comments on the question. I hope this will produce the desired result of a question that people find acceptable.
Lord Foulkes of Cumnock
I am very pleased by what the noble Lord, Lord McNally, has said about taking account of some of the recommendations. Will he specifically address the question of holding the referendum on the same day as the Scottish, Welsh and, in England, local government elections? I think the overwhelming view of this Chamber is that that would be a bad thing. Will the Government take serious note of that?
Lord McNally
I am quite sure that the Government will take serious note. One of the things that makes a debate such as this very difficult is the fact that we are talking about legislation that is passing through both Houses. We are talking about legislation which has yet to be debated fully in this House and is at around the midway stage in the other place. I understand that Members have specific criticisms of the ideas. Sometimes they may find to their surprise that the Government are flexible. At other times, as the noble and learned Lord will know from his ministerial experience, the Government will dig in their heels and say, “No, this is the way it’s going to be”. I do not think there is any evidence that the Government are using a steamroller on this. We are listening and consulting.
I saw Mark Harper’s response to the report. To try to get the House at least half on his side, I draw attention to his point that the Government agree that national referendums should be exceptional events, although they do not share the committee’s general concern that such referendums have been used in an ad hoc manner or as a tactical device. With such things it is best to leave it to the academics and historians to take a view. I suspect that local referendums, as somebody pointed out, will be rather expensive and, after a while, irritating. Let us just see how this works out.
I will move on to some of the questions that were specifically asked of me, particularly by the noble Baroness, Lady Jay. She asked whether there would be information provision in the referendum and whether some of it should be independent. Again, the Government have already tabled an amendment to the Bill that will give the Electoral Commission the explicit power to provide information on both first-past-the-post and AV electoral systems. I also think—and this was certainly my experience of the 1975 election—that the two counting systems come together quite effectively. I say to those who preach doom for the coalition after this exercise that the other lesson I learnt was that, although in 1975 the various members of the Cabinet went out to campaign fiercely for their specific points of view, they came back together as an effective Government after the referendum. So that model does work in a referendum.
I have already mentioned that the Government have taken the Electoral Commission’s advice on the wording of the referendum. To the question of who will regulate local referendums, I am given the most helpful response that this matter is being considered. You cannot have better than that. Perhaps more helpfully, on the need for a post-referendum evaluation, about which the noble Baroness, Lady Jay, also asked, we absolutely agree. Indeed, the much maligned Mark Harper also made clear in his response that there would be a proper and full evaluation by the Electoral Commission of the lessons to be learnt from the referendum, and that the Government would take actions following any recommendations that came from that.
I am running out of time to give full responses. I was very interested in the contribution of the noble Lord, Lord Wills. I shall certainly look at the work that he did before leaving office. I told him privately yesterday, and tell him now publicly, that he is a hard act to follow, not least as regards some of the work that he was doing on constitutional reform involving outside bodies and interest groups. I will certainly follow up some of that work.
The noble Lord, Lord Owen, came to the help of the pro-referendum side by illustrating how referendums have helped, if not to settle matters, at least to settle them for a time. He warned about fixing the date, but you cannot win in that regard. If you fix the date, you are considered to be opportunistic; if you do not fix the date, you are considered to be opportunistic. We have settled on the date not, as everyone has said in the debate, because those who want referendums pick only the date when they think they can win. Everybody is telling us that the relevant date will not be a very opportune time on which to hold a referendum on the voting system. We will see. As I say, once the two groups come together to put their arguments, it could be a very interesting and exciting campaign.
If I have missed any major questions, noble Lords can leap up. When I gave my list of things that had been covered in the debate, I missed out the coverage by the noble Lord, Lord Brooke, of the Duckworth Lewis method of scoring at a limited-overs cricket match. I agree with him; I still do not know how it works.
The debate has shown the value of these reports. I agree with the remarks of the noble Baroness, Lady O’Loan, as regards paragraph 94, which sets out the issues for which referendums are most appropriately used. It states:
“To abolish the Monarchy; To leave the European Union; For any of the nations of the UK to secede … To abolish either House of Parliament; To change the electoral system for the House of Commons; To adopt a written constitution; and To change the UK’s system of currency”.
It is not an exhaustive list but it is not a bad one with which to start. We are all indebted to the committee. As I said in the middle of my speech, this report has been closely studied in Whitehall. It is already having an effect on the legislation that is going through the House. We are all indebted to the committee for such a formidable and useful piece of work.
Human Rights: Spending Cuts
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Lord Clinton-Davis
To ask Her Majesty’s Government whether there will be any spending cuts affecting human rights.
The Minister of State, Ministry of Justice (Lord McNally)
My Lords, we are committed to protecting human rights and restoring civil liberties in the UK, but all our priorities will have to be addressed in a very difficult fiscal context. We will make decisions about how we will achieve our aims after the results of the comprehensive spending review are known on 20 October.
Lord Clinton-Davis
What I would have liked to have heard from the Minister is a clear undertaking that human rights internationally would not be affected. This represents, does it not, an invaluable initiative of the late Robin Cook. Can they not see that the protection of international human rights is part and parcel of our security? Is it any small wonder that charities and many MPs of all parties are furious about the possibility that this will come under attack? Is it not right to contrast the way in which the Labour Government supported human rights with this coalition’s comparative indifference?
Lord McNally
My Lords, I think that I can give no better answer than to quote a speech by the Foreign Secretary on 15 September—a speech which I commend to all Members of this House. In it, he said:
“There will be no downgrading of human rights under this Government”.
Lord Alton of Liverpool
My Lords, given the speech of the Foreign Secretary at Lincoln’s Inn—I welcome what he said there—will the Minister, as he looks at the comprehensive spending review, also examine the excellent proposals of the Conservative Party’s commission on human rights, which were published a few months ago? It detailed some very good proposals, including creating a designated Minister, rather than one who has nine or 10 other responsibilities, to deal specifically with human rights.
Lord McNally
Ministerial responsibilities are of course for my right honourable friend the Prime Minister, but one of the refreshing things about the coalition Government is that we have been able to draw on thinking in these areas from both parties that make up the coalition and, indeed, from the work that the noble Lord, Lord Wills, did when he was in office and the review that was undertaken just before leaving that office. Our approach, certainly, will be to draw on good advice from many sources.
Lord Marlesford
My Lords, does my noble friend agree that if the division of the national cake were to be determined by human rights, the UK budget would end up being settled by the European Court of Human Rights, the quality of life of this country could well be shattered and a lot of very deserving people would end up with very few crumbs?
Lord McNally
I hear what my noble friend says, but in fact the budget of this country will be decided in the first instance by my right honourable friend the Chancellor of the Exchequer, ably aided by the Chief Secretary to the Treasury, and then by the views of Parliament, mostly in the other place.
Lord Campbell-Savours
I turn to the human rights of the citizens of the United Kingdom, particularly those of Conservative, Liberal Democrat and Labour Members of Parliament, which were breached by Andy Coulson and the team at the News of the World newspaper. What assurances can we have that the police will have not only the funds but the determination to carry out a further investigation into the allegations that have now been made in the documentary by Peter Oborne?
Lord McNally
I am sure that the police have studied the text of the documentary by Peter Oborne but, as with other breaches of the law—or alleged breaches of the law—I suggest that anyone who has evidence should send it to the police.
Lord Addington
My Lords, would my noble friend give some consideration to the fact that we might be able better to protect human rights if we actually had a written constitution, which would make it a little bit more difficult to duck the issue if you wanted to?
Lord McNally
My Lords, I know that there are supporters on all Benches of this House for the idea of a written constitution. However, I remember when my old friend Lord Peart occupied these Benches and got questions like that. He used to say, “Not next week”.
Baroness Prashar
My Lords, would the Minister agree that human rights have a practical role to play in an era of austerity? Looking at expenditure cuts through the lens of human rights would save us from damaging services for the most vulnerable. If he agrees, what steps are being taken now to ensure that this is happening?
Lord McNally
My Lords, I agree entirely that human rights are not a matter to be judged by expenditure cuts. What we can do—and I think that this is already taking place in all departments—is to ensure that, when the inevitable cuts take place, they are tested against protecting human rights, with a strong emphasis on protecting the rights of the most vulnerable.
Baroness Whitaker
Does not the Government’s cutting of the £30 million grant to local authorities for building sites for Gypsies and Travellers deeply affect their human rights, not least the rights of thousands of Gypsy and Traveller children to education and access to health, as well as a place to live in without the terror of eviction?
Lord McNally
We are trying to operate the policies towards Gypsies in the context that they live among us and are protected by our laws and human rights. As with other expenditures, there will be cuts and difficulties, but, again, as I said to the noble Baroness, we are looking at those cuts and policies with a strong emphasis on trying to protect the most vulnerable.
Baroness Greengross
My Lords, we already know that older people and people in care homes are, sadly, very vulnerable to human rights violations. Given the cuts in budgets that are inevitable in these areas, will the Government be able to take positive steps to protect this group of people from further such violations?
Lord McNally
I can only repeat what I have said; for all the decisions in all the departments, the departments are asked to look at how protection can best be given to the most vulnerable.
Lord Bach
Will the Minister ensure as best he can, given his strong support for the human rights agenda, which is appreciated, that his Government do not arbitrarily remove financial support from the institutions and bodies that protect human rights in this country? Further, would he confirm, as alleged in a recently published booklet, Common Sense: Reflections on the Human Rights Act, that at the post-coalition Liberal Democrat party meeting, a big meeting held in Birmingham on 16 May, he threatened to resign if the Human Rights Act was repealed by this Government?
Lord McNally
On the first part of that question, all the groups will have to see what happens in the public expenditure review. On the second part, I did say that if at the end of this Government’s term there was no Human Rights Act, there would be no Tom McNally—but I also suspect that if that were the case, there would be no William Hague either. We are both determined, as the Foreign Secretary said, that there will be no downgrading of human rights under this Government.