(10 years, 10 months ago)
Lords Chamber
To ask Her Majesty’s Government whether, in the light of the amounts paid in respect of the mental health tribunal for Ian Brady, they will review the amounts payable from public funds in such cases.
My Lords, the Government currently have no plans to review the amount payable in these types of cases.
My Lords, is it fair that in the case of Moors murderer Ian Brady, Mersey Care—in other words, the hospitals on Merseyside—had to spend £181,000 in a mental health tribunal? A further £92,000 then went to Brady’s lawyers, RMNJ Solicitors, along with thousands more to Scott-Moncrieff—more defence lawyers. Why should the taxpayer pay these exorbitant fees on a pointless appeal when law centres all over the country are being run down and CABs are being starved of resources? What are these lawyers doing for all this money?
In this particular case, the entire process took almost three years and culminated in an eight-day tribunal hearing. This is a legal process and the trust had no option other than to comply; neither did the Legal Aid Agency.
(11 years, 10 months ago)
Lords ChamberI have some sympathy for the point that the noble Baroness makes, because we at home are supposed to be on this blocking mechanism that you sign up for, but the calls still get through. I will investigate the point that she made about whether international calls get round the blocking. I know that Ofcom is very much aware of this problem. I know that it is no use me telling the noble Baroness that she can go on to this register and that Ofcom is on the job and so on, because from the noises around the Chamber and my own experience, I know that these nuisance calls are still getting through. I will contact Ofcom and write to the noble Baroness with the reply, which I shall put in the Library of the House.
My Lords, the Information Commissioner has received at least 10,000 complaints every year, but how many prosecutions have there been?
(12 years, 2 months ago)
Lords ChamberYes. A large number of organisations are involved in victim support, and Victim Support—as the title says—is one of the leading ones. At the moment it is in effect a monopoly provider of services, receiving some £38 million of public funds. In this consultation exercise we are looking at whether it would be better to commission some of those victim support activities locally, and then we can decide where the dividing line between local and central delivery should be. It is a perfectly legitimate exercise. We have, as I say, completed the consultation, and our response and specific proposals are imminent. I hope that that will inform further debate in this House and elsewhere.
My Lords, do not some of the awards available under the criminal injuries compensation scheme tend to inflate the incidence of false allegations? Would it not be wiser to invest less money in compensation and more in victim support?
That is exactly what we are doing. We intend to put more into victim support and to focus compensation much more effectively.
(12 years, 6 months ago)
Lords Chamber
To ask Her Majesty’s Government what arrangements they are making to ensure that there are adequate numbers of police to deal with any consequences for social cohesion and criminality of the withdrawal of civil legal aid for social welfare law cases.
My Lords, it is incumbent on government to consider all eventualities when conducting risk assessments. Recognising risks does not mean that they will materialise. We are confident that the police will continue to have the resources and the numbers to carry out their responsibilities.
My Lords: Toxteth, July 1981; Brixton, September 1985; Tottenham, August 2011—have they not all got one thing in common? They all followed severe cuts in family welfare support systems for the most impoverished in society. Have the Government really thought through the consequences of their actions in denying people justice and making people angry?
I do not believe that the Government are denying people justice. As to the exact correlation to which the noble Lord refers, there will always be studies on these matters, and I am not going to predict whether we have seen the last of social disturbances—it would be very foolish to do so. His Question is about whether there are adequate numbers of police, and in my Answer I have explained that we will continue to have the resources and the number to carry out our responsibilities.
(12 years, 6 months ago)
Lords ChamberThe noble Lord is right that it is usually good to synchronise the dates. However, I am informed that they were announced last October and that there were no objections in either House. As the noble Lord put down a Written Question, I am sure that a considered Written Answer from a higher grade than mine will give him the explanation.
Was the director of facilities not consulted before the decision was taken? Surely he works to a budget and should know—and should have been asked—whether this was an efficient use of resources.
(12 years, 10 months ago)
Lords ChamberThat is an interesting point. If I may return to the central point of the question, yes, doorstep canvassing plays a vital role in ensuring that registers are complete and accurate. That is why in both 2014 and 2015 door-to-door canvassers will be used by electoral registration officers to ask people to register to vote.
My Lords, last Wednesday the Minister denied that there had been a collapse in electoral registration in Northern Ireland when this system was introduced. Can I change the word from “collapse” to “fall”? Was there a fall, and by what percentage?
It is of no use for the noble Lord to say “Ah!” as if he has found out something wonderful and unknown. I admitted that there had been a fall—yes I did—and what I went on to say is that both we and the Northern Irish had learnt lessons from that exercise and the mistakes made. I went on to say—and I hope my noble friend behind me has an opportunity to say this—that we all used to make the “Vote early, vote often” jokes about Northern Ireland, but people are now going across to Northern Ireland to study their success in getting people on the voting register. That is to their credit and is something that we are trying to learn from.
(12 years, 10 months ago)
Lords ChamberUnlike in Australia, not wishing to vote remains an inalienable right of the British people. Registering is a civic duty and we hope that it will increasingly be seen as such. I certainly hope that over the next few years all the political parties will embrace the idea of an individual register and use their influence to ensure that people exercise their right. Of course, once people are on the register they will retain their right not to vote.
My Lords, on the question of shroud-waving, will the noble Lord explain to us why, when this stupid system was introduced in Northern Ireland, the registration of voters totally collapsed? Why did that happen?
Perhaps someone from Northern Ireland will intervene, but, again, the language is not borne out by the facts. It did not totally collapse. In this gradual process that we are bringing forward, we are learning from the examples and lessons of the Northern Ireland experience, as well as looking at some of the practices that are going on there now. Northern Ireland votes are a standard joke but we are now learning lessons about voluntary registration and its success in Northern Ireland.
(13 years, 2 months ago)
Lords ChamberMy Lords, sometimes the House throws up, well outside the usual hours of attention, debates of immense importance. There is no doubt that this debate will be read and studied outside the confines of the House to great advantage, because it was extremely thorough, with arguments deployed on both sides with great passion but also, in the tradition of the House, with great courtesy. As one of the non-lawyers participating, I very much benefited from listening to the learned side of the House dealing with matters of law.
Of course, as with all these things, it is a matter of judgment. We get advice from many quarters. It is not a matter of setting the view of the Joint Committee on Human Rights at nil; our judgment is carefully considered. However, as the two former Attorneys-General pointed out, somebody then has to make a judgment. The judgment that we have made is that the purpose of Clause 154 is to ensure that in respect of offences over which the United Kingdom has asserted universal jurisdiction, an arrest warrant is issued on the application of a private prosecution only where there is a real prospect of a viable prosecution. This outcome is achieved by requiring the consent of the Director of Public Prosecutions before the warrant can be issued. The Government have decided that this is the best way forward.
The detail of this debate indicates that more than one opinion can be honestly held, but nothing that I have heard today has dissuaded me from thinking that this is the right way forward. However, we will return to this on Report. I hope that some issues were clarified in the debate. Certainly I will look at the resource issue that was raised by the noble and learned Lord, Lord Goldsmith, the noble Lord, Lord Carlile, and the noble and learned Baroness, Lady Scotland, but I am a little worried about the answer that I will be given—[Interruption.] It is always worrying when there are interventions. It is bad enough when the noble and learned Lord, Lord Mackay of Clashfern, intervenes, but when the thunderous intervention seems to come from an even higher authority, one gets really worried.
I pay tribute to the previous Government on their record on universal jurisdiction. The two officeholders responsible can take rightful pride in it. I also put on record the confidence of this Government in the independence and abilities of the present DPP. The way that the noble Lord, Lord Campbell-Savours, introduced the debate set a tone that encouraged the exchange of honest and informed opinions. Although I will ask noble Lords, given the nature of the Committee stage, not to press their amendments, it is clear that the debate will influence further discussions on how we go forward.
I will deal with some of the issues. The noble Baroness, Lady Tonge, finished her remarks by expressing her concern that there would be unnecessary delay. That concern was also expressed by the noble Baroness, Lady D’Souza. It was answered very clearly by the noble Lords, Lord Carlisle and Lord Pannick. In some ways, I shall try to shorten my remarks because I do not know whether the noble Lord, Lord Pannick, is after my job, but his speech answered many of the questions raised, including on delay. The DPP has made it clear that anyone who wants to pursue a crime of universal jurisdiction should engage very early with him. Giving evidence, he said:
“They should come to us with whatever evidence they have, and we will undertake to look at it and to advise”.—[Official Report, Commons, Police Reform and Social Responsibility Bill Committee, 20/1/11; col. 124]
We have already heard evidence about the amount of resources and the 24/7 nature of that coverage.
It is not a matter of trusting the judges to do their job. The noble and learned Lord, Lord Goldsmith, put the problem far better. The actual case put to the judge is not the one that causes the problem in that, as the noble and learned Lord rightly pointed out, it may involve somebody being detained on very spurious grounds. We are all experienced politicians and we have seen examples. The gain for those wanting to raise these issues is not in the trial or the verdict but in the publicity gained by getting the individual into the situation in the first place. As the noble Lord, Lord Phillips, and the noble Baroness, Lady Tonge, suggested, it is not in any way that we wish to take away the right of the private citizen to pursue matters of universal jurisdiction, but simply that we believe that the present situation is unsatisfactory and extremely difficult in terms of law. I know that there have been very few cases but, as the noble Baroness, Lady Ramsay, pointed out and the noble and learned Baroness, Lady Scotland, confirmed, the previous Government were looking at this issue and feared, as do we, that there is a risk that the present weakness of our system could be exploited at a time when we would want to use all our influence.
One accepts the point raised by the noble Baroness, Lady D’Souza, that there may be a chill factor in asking for that hurdle to be cleared. As the noble Lord, Lord Pannick, argued, there may be a deterrence factor. We have had to weigh those things, and we have come down in favour of trying to remove that deterrence factor while not removing the line to universal jurisdiction. We are asking a non-political officer to look at the issue and asking those wishing to take it forward to clear what is in many ways a very modest hurdle if the situation is as clear as they would claim. There is no point in allowing the court to issue a warrant in a case where the director has concluded that there is no realistic prospect of a viable prosecution. That is why we believe that the first three amendments cast the Director of Public Prosecutions in an advisory role to the court, which is not welcome.
Amendment 245 requires the court to apply to the DPP for advice on the advisability of granting a warrant or summons. It goes on to make it clear that such a warrant or summons cannot be issued without taking into account the DPP’s advice. As was acknowledged by those who tabled the other amendments, the thrust of them is to move from giving responsibility to the DPP to putting him in an advisory role. The DPP was clear in his evidence to the Public Bill Committee about the degree of detail in which applications for consent are examined and the specialist resources that are available for him in doing so. If the DPP concludes that the tests under the code for the Crown prosecutors are not met, it is difficult to see what purpose will be served by the court nevertheless issuing a warrant or why it would wish to do so.
Amendment 245AA is obviously intended to place in the Bill the test used by the DPP in considering whether to grant this consent. I will not go into great detail at this point because I would be afraid of rekindling the fire between the noble and learned Lord, Lord Goldsmith, and the noble Lord, Lord Thomas. But I ask readers of Hansard to turn to those exchanges to judge again whether we have got the balance right. I think that we have. I am not persuaded that it is necessary to embody the guidance in the clause. The tests are of general application but they are not set out in statute and it would be strange to do so in this context.
The amendment in the name of my noble friend Lord Carlile is designed to monitor the arrangements for investigating and prosecuting certain grave international offences and for assisting the International Criminal Court. I understand the interest in reviewing the effectiveness of these arrangements but I am not sure that what is proposed would be helpful. Prosecutions for one of these exceptionally grave offences are rare and when one takes place it is newsworthy enough for a reporting requirement to be superfluous. Investigations that do not end in prosecution are a different matter and reporting on them would not be straightforward.
As the exclusions built in the amendment recognise, it would not be right to disclose personal details, but without such details the information is unlikely to be meaningful. The information that the report provided would therefore be so incomplete as to make it effectively useless. What would be of value would be for the Director of Public Prosecutions to monitor any case for which his consent is sought under Clause 154, which applies to offences that to some extent overlap with those listed in this amendment, and to publish the number of cases and the outcome. I understand that the director would be content to carry this out.
The amendment includes a requirement to report on the assistance of the International Criminal Court. The Foreign and Commonwealth Office produces an annual human rights command paper, which includes details of the UK policy on criminal justice and the rule of law. It is subject to the scrutiny of the Foreign Affairs Committee. The command paper makes clear the UK’s commitment to the principle that there should be no impunity for the most serious international crimes and that we should provide details of the practical support which we have provided to all six existing international criminal tribunals. The paper does not currently provide the level of detail which the amendment would require but the Foreign and Commonwealth Office will give careful consideration to extending it to include more specific details of assistance provided as envisaged by this amendment.
I would ask the noble Lord, Lord Carlile, and the noble Baroness, Lady Tonge, when they have time to look at those two responses, to see whether they are satisfactory. I will be happy to meet with them on these points, but I hope that they go a long way to meet what they say. If not, of course, we can return to this on Report or clarify it further in discussions. I invite the noble Lord to withdraw his amendment, but with real and personal thanks both for the spirit and the level of engagement in this debate which I hope will help to reassure people about where we are coming from. I think that both in this House and in this Parliament there is cross-party commitment to pursuing those who perpetrate horrific crimes that are committed all over the world and which were so graphically described by my noble friend Lady Tonge. As a country, we have been for many years a leader in this, and we will continue to be.
I can make a personal commitment. At the Ministry of Justice and within this Government, I am the Minister responsible for civil liberties and human rights. I would not stand at the Dispatch Box advocating this clause if I did not believe that it was absolutely foursquare with our continuing full commitment to the universal jurisdiction. It is not a step towards political control. It gives us a law that is fit for purpose, a very noble purpose, if we all continue to pursue it.
My Lords, we have had a fascinating debate. It is nearly 10 o’clock and I have not eaten yet, as indeed will be the case for most noble Lords. We have a lot to reflect on before the Report stage, as indeed will many organisations outside this House which have been in contact with Members. Before I withdraw the amendment, I should say that I remain slightly confused about the public interest. That is where the suspicion may well lie, and as I understand it, explanations as to what constitutes the public interest in particular cases are not published. With that in mind, the responses of the noble Lord, Lord Pannick, to my interventions may well be of interest to a number of organisations. I beg leave to withdraw the amendment.
(13 years, 3 months ago)
Lords ChamberI am very grateful for those comments. The Labour Benches and the Labour leader must make their own minds up whether that intervention was opportune. All I know is that this Government and this Secretary of State have put rape support centres on a secure financial footing for the first time, with £10.5 million of grant funding allocated to existing centres across the country over the next three years. Up to £600,000 is also being provided to develop four new rape support centres. We have run a grant-funding programme to award the voluntary community and social enterprise sector up to £30 million in grant funding over three years. We have guaranteed funding of up to £2 million a year for the next three years to fund specialist support for adult victims of human trafficking. We have provided Victim Support with £114 million in grants spreading over the next three years. That is the action that this Government have taken on rape: standing by women, supporting them and giving them the support they need. Everybody realises it is an extremely traumatic experience.
My Lords, would it not be quite wrong for the Government to duck legislating in the area of rape, given the problem we had this last week? In particular, the argument over whether men should have anonymity in rape cases remains outstanding, as does the question of whether women who make false allegations should enjoy the anonymity that they currently enjoy.
I know that the noble Lord has raised these matters on a number of occasions. The Government’s sentencing and legal aid Bill will shortly come before the House—or, rather, before Parliament, as it will go to the Commons first—and it will give us a chance to consider again the issues that he has raised consistently. However, his assertion that there are large numbers of false claims for rape is not, as far as I am concerned, borne out by research.
(13 years, 4 months ago)
Lords ChamberWill the Minister confirm that the Scottish Government have introduced an electronic counting system for local government elections in Scotland, at a cost of £5 million next year—the contract has gone to a firm called Logica, which will be counting votes under STV and AV in by-elections—and that there is an electronic counting system operating in the London mayoral elections under SV, which is again a variation on the AV system? Is not electronic counting effectively inevitable in the end?
My Lords, whether it is inevitable in the end I simply do not know. As to the other information that the noble Lord imparted to the House, I am sure that it will, as ever, be accurate.
(13 years, 6 months ago)
Lords ChamberMore and more, the noble and learned Lord reassures me that he was in the MoJ and not the Treasury. I accept that.
I should also like to associate myself with the comments about the quality of newcomers. I really think that the new intake has established itself with authority and that it adds to the strength of the House. As to my own credentials for replying to this debate, before the 1997 election, I was on the Cook-Maclennan committee—the Liberal Democrats and the Labour Party—which discussed reform of this place. Indeed, at one stage in that committee we considered the concept of a great reform Act that would tie all the constitutional reforms into one great Bill. However, we backed off doing that due to the complexity of such a measure.
I should point out right at the beginning that, interestingly, throughout our history there has never been an interdependence in terms of reforming the two Houses. The oft-quoted 1832 Bill was a reform of the House of Commons; it did not touch the House of Lords. The 1911 Bill was a reform of the House of Lords—it did not touch the House of Commons—as was the 1999 Act introduced by the previous Labour Government. Therefore, there is no interdependence in this regard.
I put forward another thought in this interesting debate in relation to the Wakeham commission. I now freely admit that I think we missed an enormous opportunity in not accepting the Wakeham commission’s report. At that time I was a “big bang” reformer who thought that reform could be introduced quickly. I remember saying to the noble Lord, Lord Rodgers of Quarry Bank, that I could not believe that the Labour Government, given the majority that they had, would leave Lords reform on the shelf. I also said, “Wakeham is too timid. Let us wait and they will come forward with a real ‘big bang’ reform”—little did I know. However, as I have said before, there is a lot in the Wakeham report that could be revisited when we consider Lords reform. I also believe that the Steel Bill constituted a missed opportunity on the part of the previous Government. They could have accepted it and it would have been a major step forward.
However, that is in the past. The noble Lord, Lord Forsyth, asked how we could justify enlarging the House of Lords while reducing the size of the other place. The only frank answer to that is, “with great difficulty”. It contrasts with what we are doing in this Bill. However, as I have said, the reason for that in part is the skill with which this House has deflected reform. We are left with a situation where it is difficult, if not impossible, for Peers to resign. We have always had to face the problem that without the ability to resign, and with Peers sitting for life, the composition of this place would be adjusted when Governments changed, and that there would always be a ratcheting upwards unless we addressed more fundamental reform.
However, the illogicality—or the lack of kilter—in what is happening should not be judged as a snapshot but, as I have said before, as part of a moving picture of dynamic reform by the Government, who will bring forward measures. As I explained, the Deputy Prime Minister is chairing a cross-party committee and one of the key issues that it is discussing is the size of the reformed Chamber. We are working to publish a draft Bill for pre-legislative scrutiny early this year.
I understand the variety of views that have been expressed. As one who wants a reform that works, I hope that the pre-legislative scrutiny committee drawn from both Houses will be broad based and will give all sides the chance to put forward their ideas and fears. I am not sure that I have ever accepted the fears about gridlock. Many countries in the world have two elected chambers and manage to work out relationships. I know that many books have been written about the dangers of gridlock developing in the United States and elsewhere but it is possible to work it out. I foresee developments emerging such as a business committee of both Houses which would do that. As I said, I sat on the Cunningham committee. I have always taken the view—the noble Lord, Lord Grocott, and I have debated this—that the relationship between the two Houses and our conventions would hold and would be tested by the two Houses, as they have always been. Therefore, these fears of doom and gloom are much exaggerated.
The Government believe that more can be done to allow Members of this House to leave permanently so that the size of the House can be reduced. The Leaders Group on Members leaving the House, chaired by my noble friend Lord Hunt of Wirral, published its report on 13 January. The Leader of the House has asked the Procedure Committee to come forward with proposals to put these recommendations into effect. I do not think that I would breach any secrets of the Procedure Committee on which my noble friend and I sit by saying that these proposals are on the agenda for our next meeting.
There is a Bill before the other place that seeks to limit the size of this House. The Parliament (Amendment) Bill was introduced by Mr Christopher Chope on 26 October 2010. Although the text of the Bill has not been published, it is clear from its Long Title that it will deal with the number of Peers. The size of this House is an important issue. But determining the size of the other place and this House do not have to be connected to one another in legislation. As I pointed out, they never have been in our history. The Bill aims to deliver concrete improvements to our electoral system as we find it today. Noble Lords will have ample—
Will the Minister give us an assurance that the Government will give the Chope Bill time on the Floor of the House?
As such an experienced parliamentarian, the noble Lord knows darn well that I could not possibly give him that guarantee—but that is exactly why he asked that question. Noble Lords will have ample opportunity to discuss this House and all other matters relating to it when the Government's proposals for reforming your Lordships' House are published. As I said, I have great interest in some of these issues and would like to see them pushed forward with a real sense of urgency. In the mean time, I urge my noble friend Lord Forsyth to withdraw the amendment.
(13 years, 7 months ago)
Lords ChamberI do not resile from that. The Bill aims to provide fair votes—votes of equal weight in fairly drawn constituencies. I am not giving way again. The flexibility that the Opposition seek is the flexibility to undermine the Bill and we are not conceding.
I have a question for the noble Lord. The Explanatory Notes state:
“The factors are similar to the existing ones. They may consider special geographical considerations, such as the size, shape and accessibility of a constituency”.
What do the words “accessibility of a constituency” mean to the noble Lord?
(13 years, 7 months ago)
Lords ChamberDoes the noble Lord accept that a referendum on the voting system for the House of Commons is a constitutional issue?
My Lords, that is a matter of judgment. I do not know whether this is a trick question. As to whether, if there is a change in the voting system, our constitution will reflect that, that is a matter of the obvious.
(13 years, 8 months ago)
Lords ChamberI am not trying to delay matters; I really would like to know how this works. The noble Lord said that it is dealt with by the Deputy Prime Minister and Mr Harper, but is there consultation within the political parties about concessions that they might be considering making? This is very important. It is about political parties in many ways.
I have every confidence that those in government know how to consult the political parties they come from. I see no problem here and I have certainly not encountered one. As will have been noticed throughout the debate, on my Benches my noble friends Lord Tyler and Lord Rennard are both plugged into and expert on these matters for the Liberal Democrats. The noble Lord’s concern is touching, but I can assure him that it is not a problem.
Will the Minister reply to a specific question so that we have on the record exactly what will stop the abuse that I have referred to? It might come about that an individual with a large amount of money, surpassing any limits enshrined in legislation, wishes to influence the campaign. What is to stop an individual doing precisely that?
For a start, each of those donations would have to be declared. There you have the conflict between my noble friend Lord Lamont’s philosophy and what I suspect is that of the noble Lord, Lord Campbell-Savours, and myself. I do not want to see big money distorting elections or referendums. We have a set of rules and regulations and a degree of transparency that we believe gives sufficient protection.
Transparency does not deal with the problem that I am referring to. If I can exaggerate to make my point—and I will—suppose that someone said, “I’ve got £20 million. I want to spend it on this referendum, and I’m going to slot it through, by way of various systems, into the campaign”. Transparency might well reveal that, but that does not deal with the problem. What is going to stop it?
I strongly suspect at the moment—I shall come back and correct this if I am wrong—that nothing would stop it, any more than it would be stopped at a general election.
In other words, the Minister is conceding that money can influence this referendum campaign. He is saying not that it will but that it could in certain circumstances.
Reductio ad absurdum, of course, wins many arguments, but many of the problems that have been raised from those Benches are not realistic. We can test the House on this. We have confidence in the rules and regulations, many of them laid down by the previous Administration. We are as interested as anyone else in ensuring that the referendum is conducted in a fair and transparent way, and we have confidence in both the legislation and the Electoral Commission.
But is it not astonishing that the Liberal Democrats are sitting in their places and not intervening? One would have thought that they had a particular interest during this campaign to ensure that big money could not influence the result in the way that I suggest? Why do they not get up and say something?
I am only glad that my noble and learned friend Lord Wallace was not here to hear of that dreadful omission from the 1975 leaflet.
Perhaps I may help the Minister. I attended a meeting of the Electoral Commission in the House about two months ago. The commission was so scrupulous about not wishing to indicate any view that it found it difficult to answer questions, which Members listening to its explanation of what was going to happen found hardly credible—indeed, they started laughing. It is trying to be independent, but it would be very helpful if we could see some of the leaflets that it is planning to put out.
I will not promise that this Committee on the Bill will become a drafting committee for a leaflet, but I share the noble Lord’s view of the Electoral Commission. It is nobody’s poodle; it will take its responsibilities very seriously. If it says that it is going to produce a factual leaflet, I believe it.
The country will know locally. However, we are making a national decision. We are adopting systems and procedures which make things as simple and straightforward for electors as possible.
Perhaps I may ask a question which is very relevant. For a moment, the Minister obviously felt that Chris Bryant of the other place would have the chance to table an amendment to deal with this matter, but he cannot do that under the procedural arrangements because we are going to ping-pong. If that is the case, could the Minister accept the amendment and enable Members in the other place to do precisely what he suggested that they might wish to do?
That is a merry thought, but no. We will resist this amendment and we urge the noble Lord to withdraw it.
(13 years, 8 months ago)
Lords ChamberIt would be difficult. As the noble Lord, Lord Desai, indicated, the implications of the amendment go far beyond normal electoral registration and far beyond what it would be proper to debate in a House of Lords amendment. My noble friend Lord Newton wisely guided me on that. I will keep bobbing up and down as long as other noble Lords do, but I emphasise our determination to keep the Bill simple and clean. I feel a tingle between my shoulder blades and will sit down.
The noble Lord referred a few minutes ago to data protection issues arising over the transfer of information from departments for the purposes of registration. Is he suggesting that the Department for Work and Pensions has reservations about the transfer? The issue was raised during the passage of the Bill when the matter of electoral registration was discussed. Is there a problem looming with data transfer?
As I said, the issues are not simple, as the noble Lord, Lord Rooker, who served in that department, knows. We are running pilot projects; there is no great mystery.
(13 years, 9 months ago)
Lords ChamberAs I have said in answer to other questions, I think that what happened in the past is best left to the memoirs, and I can tell noble Lords that mine will be very readable. But in the mean time, I take encouragement from what my right honourable friend the Deputy Prime Minister said at the City and Islington College on 19 May. He said,
“David Cameron and I are determined to reform party funding”.
That is good enough for me.
How do we know that the Liberal Democratic element in this coalition will not simply roll over and allow the Conservative element of the coalition to dominate the debate?
(13 years, 9 months ago)
Lords ChamberThat is another one for the memoirs. If we wanted to continue in this way, the 1911 reform of this House was carried under the threat of creating a large number of Peers. The point is, as I have said before in this House, that constitutional change has come to us in a variety of ways. Perhaps I may say that my affection for the noble Lord, Lord Grocott, is boundless, as he well knows. We have the occasional joust in this House and I know that his position is sincerely held, but I do not have the faintest idea about the question he asked. I do know what the final agreement was. It was drawn together by the two parties, and adopted by my party in a special conference, as the basis for the coalition. As I have said, that is the basis on which we bring the Bill before the House. Noble Lords asked: where is our mandate? Our mandate will come from the decision of the people in the referendum. Everyone is making points about whether the Conservatives are in favour of this, or whether the Liberal Democrats or the Labour Party are in favour. The whole structure of this is that there will be two campaigns that will take their cases to the people.
On the basis of the historic utterances of the noble Lord, Lord McNally, on the whole question of alternative vote systems, does he think that the proposition being put to the House in this form of referendum question and this system is ideal?
Of course I do, and I would not be at this Dispatch Box advocating them to the House if I did not. After all, for a while, I earned my living dredging up quotes from political opponents, sometimes out of context, for Lord Callaghan to use. I would not accuse the noble Lord, Lord Rooker, of using researchers—I know him too well. He probably did the research himself. Nevertheless, we go back to the central point recurring in this debate. The Opposition put forward various ideas, all of which have within them an element of delay.
That is for the voters to judge. If you want this reform to fail, you do all the kind of things that the Opposition are putting forward. The coalition, on the basis of the coalition agreement, has put forward a simple proposition that we believe provides for fairer voting.
I can go on like this: we have all been in the House of Commons and seen the wind-up speeches. The last time there were 23 interventions, but I am okay—we’ve got many a long time. Of course you don’t like it, but the coalition agreement is for a fairer voting system based on fairer constituencies. We are willing to take our case to the country, and we have already had the approval of the House of Commons for that.
What the noble Lord is missing is that those of us who support electoral reform see what is happening now as our only window of opportunity, perhaps for a whole generation, to see through an electoral reform. So the system on offer has to be one that commands the support of the public. I cannot understand the Liberal Democratic view whereby they say it does not really matter what system we put forward as long as we get something through. They bear responsibility in history, in the event that this referendum fails, because they have not done their homework. They should be insisting on a system that is credible. They are not doing it, and nor is the Minister.
We keep on making these speeches. That is the opinion of the noble Lord, Lord Campbell-Savours, but it is not the opinion of the Electoral Reform Society, which is just as committed to electoral reform as he is. We are putting our proposal to Parliament and our intention is to let the people decide. It is of course a difference between us, and if the noble Lord, Lord Rooker, wants to press his amendment, we will resist it.
On Saturday I was waiting with bated breath for the Blackpool result to come through. I flicked on my television and there were the final stages of that magnificent film “Waterloo”. It is absolutely marvellous because it is not digitally enhanced or anything—those were real people moving around. It showed you this depiction of the Battle of Waterloo with these two great armies ready to do battle. That is what I am hoping will happen on 5 May. There will be these two great armies ready to do battle and make their case to the people. I do not believe, and here I agree with my noble friend Lord Phillips, that we will get the engagement, the excitement, the involvement if we say to the people—
(13 years, 9 months ago)
Lords ChamberI have absolutely no idea whether such modelling has taken place. If someone tells me afterwards that it has and I can get my hands on it, I will send it to the noble Lord, but it really is—
If the Minister has no idea, will he answer the Written Question that I tabled yesterday on that very matter? He will then be able to trawl the department and talk to his special advisers to establish the truth.
For goodness’ sake, here we are, with everyone telling me that this is a constitutional Bill of the greatest importance, and the Labour Party gets obsessed with some conspiracy theory about the number 600. Perhaps we should have chosen 666; that would really have frightened them. Let us have the debate—we are certainly going to have a good debate and, I suspect, a lengthy one—and I am willing to go through all these points.
If you want to be mentioned in the debate, the key thing is to be either a Liberal Democrat or a Conservative against the Bill or a Labour Member who is speaking helpfully as far as the Government are concerned. On the question of thresholds, Mr Chris Bryant, spokesman in the other place, said that they are not a good idea:
“We should have a straightforward system where people fight to win their side of the argument. They win that side of the argument by getting people past the ballot box to vote either yes or no”.—[Official Report, Commons, 2/11/10; col. 850.]
The amendment to have a threshold was defeated by 549 votes to 31. Again, we can discuss this, and I am sure that amendments will be tabled.
On the number of Ministers in the Executive—
As so often in my career, my noble friend comes over the hill like the seventh cavalry.
I turn again to the British Academy report. We heard a lot about local inquiries. It is interesting that the British Academy report says that these,
“would not significantly impair the consultation process”.
The Bill proposes a two-stage process, with 12 weeks, instead of the current four, in which the public may make representation to the commission, and another 12 weeks for the commission to revise its recommendations.
I will deal quickly with a point made by my noble friend Lord Phillips about expenses. There will be reimbursement of all reasonable expenses. We are committed to ensuring a high level of participation but we are unlikely to change the £600,000 basis for the two campaigns. On the two campaigns, several noble Lords will remember the yes/no campaign for the EU referendum. Whatever else may be said about that, the system of two groupings to fight the campaign worked. I have absolute confidence that it will work again. Therefore, I look forward to the Committee stage. I say to my noble friends behind me that I have seen redistributions and psephological calculations but I do not know who will win this referendum. I have heard people say that we are bound to lose it. I am willing to trust the people. I am willing to see this in place and then take our case to the people.
Is one of the problems with the referendum now not the Deputy Prime Minister’s statement that this is a “miserable little compromise”? Have we not effectively got that around our neck now? It will be used constantly throughout the campaign against those who are in favour of electoral reform. Does that worry the Minister?
As we all know, there is an absolute industry in dragging up politicians’ past statements.
(13 years, 9 months ago)
Grand CommitteeMy Lords, perhaps I may say to my noble friend Lady Harris what a pleasure it is to make my debut ministerial statutory instrument speech in the Moses Room under her chairmanship.
The purpose of these regulations is to allow academies more time to respond to freedom of information requests to take account of school closures, for example during school holidays.
The Freedom of Information Act gives any person the legal right to request access to recorded information held by a public authority. The Act applies to over 100,000 public authorities, and last year central government-monitored bodies received more than 40,000 requests, which is a 16 per cent increase on the number received the year before. Under the Act, freedom of information requests must be responded to promptly, normally within 20 working days. It is right that people making requests should receive a timely response.
However, there are limited occasions when the deadline is impractical. That is why regulations have previously been made in 2004 and 2009 to provide maintained schools in England and Wales, and schools and pupil referral units in Northern Ireland, with an extension to the usual 20 working-day time limit in dealing with FOI requests in certain circumstances.
Other organisations that have been provided with an extended time limit to respond to requests for information include: archives, to deal with requests for information contained in a public record that has been transferred from a closed file, because one of the freedom of information exemptions applies; operations of the Armed Forces requests, where information needs to be obtained from front-line units of the Armed Forces and they cannot be reached for operational reasons; and requests involving information that is held outside the UK and will take time to retrieve.
The Academies Act 2010 extended the Freedom of Information Act to proprietors of academies. Like other schools, academies can also face difficulties in answering requests received during periods of closure and other times when they are unstaffed. This is a particular problem during school holidays, which can be around six weeks long and therefore longer than the 20 working days normally permitted for a response.
Without this extension in place, academies may find themselves in a position whereby they will unavoidably be unable to comply with the time limits provided for under the Act, and I am sure that noble Lords will agree with me that this is neither fair nor sensible. These regulations will ensure that proprietors of academies have the same reasonable allowance in respect of the time limit for responding to requests as other schools in England, Wales and Northern Ireland that are subject to the FOI Act.
If the regulations are made, proprietors of academies would not have to count any day that is not a school day, such as during the school holidays, towards the period of 20 working days within which requests must be answered. However, under the regulations, requests must be answered within a maximum of 60 working days, including any period of closure.
However, these regulations do not mean that academies can delay responding to requests. They will be required to answer requests promptly. Where it is possible for an academy to respond earlier to a request, the response cannot be delayed until the end of the extended time limit. I beg to move.
My Lords, the Minister said that academies cannot delay; I wish to argue that they can delay, and I will set out the circumstances in which they can and which cause me concern about these regulations.
I am a regular user of the freedom of information legislation that applies to all public bodies—I have a number of applications outstanding with both government departments and local authorities at the moment—and I ask the Committee to recognise that while academies fulfil the same function as maintained schools in the state sector, they are different in that they comprise a greater element of independence, and it is that independence and the influence of that independence on the management of such schools that worries me.
Under existing legislation, educational institutions can be quite tardy in dealing with freedom of information applications. Unlike government departments and local authorities, whom I find fairly reliable, educational institutions can often be difficult. The problem with these regulations is that they are not accompanied by safeguards. In my view, this will lead to an abuse of the system. If evidence of abuse is needed, we need do no more than consider the report of the Campaign for Freedom of Information, which, when reporting on delays by the Information Commissioner in completing investigations, found that the completion of 46 per cent of the cases it handled were delayed by one or two years, 25 per cent by between two and three years, and 5 per cent by more than three years. When it wrote its report, one case showed a delay of three years 9 months after the Information Commissioner had dealt with the report. I understand that efforts are being made by the Information Commissioner to tighten up on these delays, but what we are doing today may hinder applications unless proper safeguards are introduced.
Let me give an example of what happens when educational institutions decide they want to delay and deny the public information they should have in the public interest. A maintained school within the United Kingdom, which could easily become an academy, decided upon a course of action which we will describe for the purposes of the debate as its project. The project was opposed by a number of expert organisations, one of which took the school to court, and huge legal fees were paid to fund the case of the expert objector. An MP took an interest in the case in the other House, advised against the action and used freedom of information legislation to unravel the affair. On 20 February 2008, the MP wrote to the school to establish the cost to the school of defending its action in proceeding with the project, the source of the funding, the role of the local authority, what legal advice had been given to the school, and the role played by the head and the governing body.
We should remember that these regulations will extend the period that schools have to reply to questions under freedom of information legislation. The school replied and refused to provide the information. On 15 March 2008, the MP applied under freedom of information legislation; the school still refused. On 15 May, the MP wrote to the school asking for an internal review of the decision to refuse to comply. There was no reply from the school. On 29 July 2008, the MP approached the Information Commissioner. On 11 September 2008, 44 days later, the Information Commissioner replied, saying that he had asked the school to issue a review within 20 days. On 23 October, a further 42 days later and eight months after the original request, the school revealed that it had spent £76,000 on legal costs to that date. The school carried on refusing to answer the other questions. Perhaps now the relevance of the 60 days may be dawning on Members of the Committee.
In March 2009, the MP made a fresh application, asking further questions under FOI. The school again refused to respond. On 16 April 2009, the MP wrote again to the school under FOI; the school later claimed that it had lost the letter. The MP sent a copy of the letter to the school; the school replied but again failed to answer the questions. In May 2009, the MP wrote to the school offering to extend the deadline by 20 days. On 27 May 2009, the school replied with evasive answers. On 9 June 2009, the MP wrote to the school, asking for an internal review of the decision to refuse to comply. On 6 July 2009, the school replied with evasive answers, hiding behind spurious exemptions.
On 15 July 2009, the MP wrote to the Information Commissioner to complain about the refusal to answer questions. Three months later, on 8 October 2009—one and a half years after the original application and three months after the complaint to the commissioner—the school wrote to reveal that £170,000 had been spent on legal costs. The school still refused to answer the other questions. The Information Commissioner then gave the school until 4 November to answer questions. On 23 November, the Information Commissioner stated: “Unfortunately, the authority”—that is, the school—
“initially struggled to understand the role of the Information Commissioner’s Office … as regulator of the Freedom of Information Act 2000 … I am, however, pleased to confirm that it now has a full understanding of our role and is working towards providing a full response by the 7th December 2009”.
A month later the Information Commissioner made a further statement, saying that,
“it appears that the authority still does not fully understand the role of the ICO. The Commissioner has today therefore issued an Information Notice to the Authority … compelling a Public Authority to provide the Commissioner with a copy of the disputed … information. The Authority has 30 days … from the date of the Notice to comply. Failure to comply may result in the commissioner making written certification of this fact to the High Court … I do however hope that that will not prove necessary”.
That was nearly 11 months ago.
In May 2010, the Information Commissioner revealed that a freedom of information notice to the school, dated 17 December 2009, had to be cancelled on legal advice because it had been addressed to the school, as against the governing body of the school. On 9 July 2010, the Information Commissioner wrote to the MP to state that the corrected information notice was being appealed by the school. In August 2010, the tribunal dismissed the appeal. The school then offered the Information Commissioner half-answers to the questions asked, which the Information Commissioner regarded as inadequate. The Information Commissioner then gave the school 14 days—as I understand it, to 21 October—to answer. So, it has taken two and a half years to get precisely nowhere on what I regard as perhaps the most significant piece of legislation of the Labour Government in the past 12 years. The school refused to answer the questions, making a mockery of the Act.
Today, we are considering giving institutions, which will be the subject of greater private sector influence, an additional 60 days without building into this new power for academies—at least, it is available in the maintained sector—any safeguards to prevent what I referred to happening again in the future. Although I am in favour of the 60-day period, I believe that the Government should now review this legislation with a view to reconsidering the powers available to the Information Commissioner for enforcement of the law. We cannot allow schools and other bodies to make a mockery of the legislation in the way that I have described.
(13 years, 10 months ago)
Lords ChamberI am afraid that I shall have to write to the noble Lord on those questions.
Are most representatives of charities who go into these war zones generally covered by insurance?
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.
(13 years, 10 months ago)
Lords ChamberI 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.
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?
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.
(14 years, 1 month ago)
Lords ChamberOn the last point, I will certainly pass that suggestion to the Deputy Prime Minister, who is working on this legislation. On whether the Labour Party’s proposal had been fully costed, I have some experience of Labour Party manifestos, so I am sure that it was fully costed. If the Labour Party would like to send us the outcome of that costing, I will feed it into the preparations as well.
My Lords, why cannot the referendum question simply refer to a preferential voting system? That leaves the option open for varying forms of alternative vote to be considered.
My Lords, there will be legislation, and legislation can be amended. I suggest that the noble Lord puts down an amendment when the Bill is before this House.
(14 years, 1 month ago)
Lords ChamberI ask a question that will be on the minds of elected Members of the House of Commons. The noble Lord referred to 5 per cent of the target quota of registered electors. What is that number per constituency on the basis of calculations which have already been done in the Minister’s department?
I think the figure is about 80,000. I am not sure whether I am going beyond my brief in telling the noble Lord that, but it does not take a great deal of high mathematics to work out that 600 into the electorate is about 80,000.
(14 years, 2 months ago)
Lords ChamberMy Lords, I sometimes think that all old copies of Hansard should be pulped on change of Government. Nevertheless, I stand by the thrust of that question. For the good of all parties and politics, we should move quickly to see whether we can get all-party agreement on this. It is good that the Deputy Prime Minister has taken responsibility and has indicated that he will make progress on this issue a high priority at a very early stage in this Parliament.
My Lords, why cannot tax relief be applied to small individual contributions to political parties, perhaps to a capped contribution sum of £50 per annum? Will the noble Lord refer the matter to Treasury Ministers, because the proposition has support on all sides of the House?
My Lords, as on many other subjects, I agree with the noble Lord, Lord Campbell-Savours. I have supported that idea for a long time. I can assure him that I shall report our exchange to the Deputy Prime Minister and suggest that he raises the matter with the Treasury.
(14 years, 2 months ago)
Lords ChamberMy Lords, can the Minister assure the House that, during the period the coalition is in government, local authorities will have ring-fenced budgets for electoral registration offices and that the budgets will not be cut?
Such questions are always extremely difficult to answer because we never know what is going on at No. 11 Downing Street, as the noble Lord knows well. One of the commitments of successive Governments has always been that they supply sufficient budget to enable our democracy to function properly. I cannot imagine that we will move from that situation.
(14 years, 3 months ago)
Lords ChamberWe have had many debates about fixed-term Parliaments, and this is the first example. The noble Lord may recall the dithering and doubts caused by the recent Prime Minister and the harm that that did to good governance, and that many colleagues, including those on his Benches, have for a long time argued the benefits of fixed-term Parliaments. I would have thought that as he is a reformer he would welcome it, but I must move on. The legislation will provide for the possibility that a dissolution of Parliament may be needed outside the five-year timetable. Our proposal is that it should happen if more than 55 per cent of the other place votes for it. Parliament would still be able to dismiss a Government, but the Government would not be able to dismiss Parliament.
I have a question of which I have given the noble Lord notice. Confusion surrounds the words in the coalition document which state:
“This legislation will also provide for dissolution if 55% or more of the House votes in favour”.
Is that 55 per cent of the total membership of the House of Commons or is it 55 per cent of those voting on a dissolution Motion?
With customary courtesy, the noble Lord, Lord Campbell-Savours, gave me notice of that question. I wish he had not told noble Lords that because it would have then looked like I was incredibly on top of this job. Even better, I am now able to respond to him by quoting official government policy as expounded by my noble friend the Deputy Leader of the House of Commons, David Heath. He said:
“That will be a matter for further discussion”.
[Laughter.] I do not think that I will read the rest out. Noble Lords should look at Hansard where they will see again the smack of firm government.
Seriously, the proposal has excited a good deal of comment and I anticipate a very full debate when legislation comes before the House. I know that the proposal has frightened the horses in various parts of the House. But the truth is that many respectable and longstanding democracies have different mechanisms for triggering a dissolution when a Government cannot command a majority, but prevent a Government manipulating the rules for their own advantage.