Security Update

Lord Newby Excerpts

Monday 11th September 2023 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the Lord Privy Seal for repeating the Statement in a timely way on the same day as it was made in the other place. I have often said from this Dispatch Box that the first duty of any Government is to ensure the safety and security of its citizens, but, when you look at it, it is more than that. In doing so, we must ensure that we uphold the integrity of our democracy and values.

I am sure that everyone in your Lordships’ House can recall where they were when we heard the news of the attacks on the twin towers, 22 years ago today. It is an appropriate time to recognise and pay tribute to the work of the intelligence and security agencies, who work alongside the police and other public sector organisations. I thank them for their work to protect us, in which they face unprecedented challenges and risks. Those risks are evolving in size, volatility and complexity. Security threats now appear through threats to our economy and technological systems, at our borders and through interference in our democracy. It is a huge challenge, and our security response must evolve to ensure that it is cohesive, comprehensive and able to adjust to face the changing nature of those threats.

In the last week, we have heard of two serious security issues: the escape from prison of a man facing charges for terrorism and the serious allegations of espionage on behalf of China. The police, intelligence agencies and justice system have our support in carrying out their investigations and should be left to do so. That also means that we have to be honest about the challenges faced and mistakes made; we have to recognise where there are gaps and take action to address them.

The Lord Privy Seal will understand that there is some incredulity that a man suspected of terrorism was able to escape from a category B prison under a van. It is extraordinary that he was in a category B prison—HMP Wandsworth—in the first place, that he had access to an area from which he could escape, and that it was not immediately noticed that he had absconded. I doubt that the Lord Privy Seal will be able to answer questions on this matter today, but I am sure that he recognises the importance of those questions that need to be investigated. Can he say whether the review into the security status of national security prisoners has been completed?

In response to the arrests made for espionage, there are questions about the actions the Government are taking to combat the threats posed by other states which seek to interfere in our democracy. MI5 issued an alert about Chinese attempts to influence Parliament 20 months ago. Our security services have long warned about interference in our democracy and in our elections, and there have been previous alerts and warnings about foreign actors seeking to penetrate parliamentary security. Can the Lord Privy Seal say anything about the actions they are taking in response to those specific warnings, and are they observed across government by both Ministers and those in their departments?

The Lord Speaker mentioned it in his introduction, but I ask the Lord Privy Seal to clarify whether the two men who have been arrested, and, I understand, charged with espionage, have been released on bail.

MI5 has also warned about commercial espionage from China, cyber risks and the threat to supply chains. The Intelligence and Security Committee has noted the Government’s lack of a long-term strategy towards China and is currently waiting for a response to the report it published in July. Can the Lord Privy Seal say anything more today about the specific threat posed by China? Can he more specifically say when the Government’s response to the ISC report will be published?

We must be able to work with China on key issues, such as climate change, but at the same time we must protect our national security and oppose attempts to infiltrate our democracy. In your Lordships’ House, we on the Labour Benches introduced an amendment to the National Security Bill to create stronger checks on donations to political parties which would have closed a loophole that allows shell companies to be used to hide political donations. The Government opposed that amendment. Can the Lord Privy Seal explain why, and will the Government now reconsider their position?

We know that the threats are not limited to China. For example, we saw the attack from the Russians in Salisbury, and we know there have been further cyberattacks and misinformation campaigns. In response to the shocking and terrible attacks on 9/11, the then Labour Government created a comprehensive strategy in response to state threats to national security. The UK counterterrorism strategy Contest established new links between the counterterrorism police, intelligence agencies and our public services, with the Home Office and the Government at the centre at the helm. The scale of the response that is needed today is certainly no less than that which was needed 22 years ago.

We are committed to extending this approach, if we are fortunate enough to be in government, by creating an equivalent strategy today to deal with such state threats. I can assure the Lord Privy Seal that the Government would have our support if they were to commit to introducing such a strategy and response now. I am not asking him to answer that at the Dispatch Box today, but will he commit to take this back to his Cabinet colleagues and report back to your Lordships’ House?

I end where I started. Nothing is more important in government than ensuring the safety, security and well-being of citizens. To fulfil that obligation, we need the right policies, strategies and collaborations. If we are to protect our democracy, we need to have a strategy in place, but we also need our citizens to have confidence in our democracy if they are to properly and effectively participate in it. This should be a joint endeavour across all parties and both Houses, and I hope the Lord Privy Seal will be able today to reassure us on the actions the Government are taking, and commit to going forward on this in a way that protects our democracy and security and unites the country, rather than creating division.

[Lord Newby (LD)]

My Lords, there are two distinct but related aspects to this Statement. The first relates to the arrest of two people on charges of conducting espionage on behalf of China. The second relates more generally to our posture towards the security risks which China poses to the UK.

On the charges, I fully understand why it is inappropriate to comment at this stage. However, I confess to be bemused as to the nature of the spying which the parliamentary researcher might have undertaken. According to media reports, one of his crimes seems to be to have organised regular drinks sessions at a Westminster pub. This may not be a meritorious activity but it is hardly a serious offence. I think everybody will be fascinated to discover, if charges are pursued, exactly what kind of secrets the parliamentary researcher might have had access to. But for today, we must simply compose our souls in patience until further details of any charges emerge.

There is the more serious question of whether parliamentarians should have been told about the arrests at an earlier stage, so that they could take particular care in their dealings with China and Chinese entities. It is not clear when the Home Secretary and Prime Minister were aware of this case and why they decided to remain silent about it with parliamentary colleagues. Perhaps the noble Lord the Leader can enlighten us.

The broader issue which this case exemplifies relates to our overall posture towards China. The Statement says that the Government believe that China presents a systemic challenge to our values. It lists a number of actions which they have taken to counter these challenges, but it fails to convince. In July, Parliament’s Intelligence and Security Committee issued an excoriating report on China which said that the Government do not have a “clear strategy” on China and have not devoted sufficient resources to tackling the threat that it posed. The actions listed in today’s Statement do not constitute such a strategy. The Government should be making protecting our democracy a national security priority—something, incidentally, which they have already consistently failed to do in respect of Russia—and accept the recommendations of the ISC’s China report.

More generally, the Government’s record on standing up to China is weak. From the genocide against the Uighurs to Hong Kong, and from Taiwan to interference in our democracy, the Government have failed to take China seriously. The Prime Minister may have meetings in Delhi with his Chinese counterpart, but the suspicion is that he is more interested in trade, rather than these broader concerns.

Developing a clear overall approach to China should now be an urgent priority. One specific question which such a strategy must cover is the extent to which we designate China formally as a security threat. The Prime Minister originally claimed that China was such a threat during the Conservative leadership contest—and on this we agree—but since then, he has back-pedalled. The spying case illustrates the broad challenge which China now poses to the UK, yet the Government have failed to take Chinese interference seriously. They surely must now do so.

[Lord True (Con)]

My Lords, I am grateful for the general tone of the response. It is invidious to choose, but although I am grateful for the response of the noble Lord, Lord Newby, I am particularly grateful for the very statesmanlike tone of the noble Baroness. I of course underline her tribute to the work of the Security Service, and indeed all the law enforcement services. On the day of 9/11, I was occupying the office which is now that of the Lord Convener, and I remember vividly watching what was going on in a position of disbelief. We must support their work, which sometimes, of its very nature—often, perhaps normally—has to be done on a confidential and secret basis. I think all noble Lords understand that matters cannot be avowed and addressed in detail while cases are ongoing.

I heard what the noble Baroness said about the prison escape and, fortunately, the individual concerned was recaptured—after I had had a sleepless night as the police helicopters circled over Richmond Park. I did not resent that at all; it was essential that that man be retaken.

The Lord Chancellor certainly said that these matters would be looked into. I shall not expand on that; nor would I want to anticipate where the examination of those events might lead. I will make sure that the Lord Chancellor is made aware of her comments on that.

On the question of MI5’s alerts and concerns, of course we are concerned about China. I thought a disappointing aspect of the response from the noble Lord, Lord Newby, was that he rather belittled the range of action taken by this Government in relation to China. I repeated that in the Statement and do not wish to weary the House by repeating it again but a look at Hansard will see the significant actions we have taken, which, in addition to those in the Statement, include reducing Chinese involvement in the UK’s civil nuclear sector by taking control and ownership of China’s stake in the Sizewell C project. We have also passed the National Security Act, which I referred to in the Statement.

The director-general of MI5—since MI5 was referred to specifically—called this

“a game changing update to our powers”.

Those are his public words. He said:

“We now have a modern set of laws to tackle today’s threats”.


These will give law enforcement and intelligence agencies new and updated tools to deter, detect and disrupt foreign influence, including a foreign influence registration scheme that criminalises those acting covertly for states that pose the greatest threat to the UK.

There were various comments and I have to say that not everything said in this House derived from newspaper reports was entirely accurate. But I shall not be led to comment on what was or was not. I think all noble Lords will understand that this is an ongoing investigation and it is extremely important that we do not jeopardise any proceedings that may follow.

I was asked about the response to the ISC report. I think it may not be the first time I have been asked that very legitimate question. I was told that I was permitted to say “very shortly” in response. I am now telling everybody not to betray secrets but I did say that I could not say that again and was assured that “very shortly” really does mean “very shortly” in this case. My noble friend Lady Neville-Rolfe will have heard those comments.

Information to Members of Parliament is again a matter for the relevant authorities. I shall not go down that road or say who knew what when. Noble Lords will have heard the Lord Speaker assure the House that:

“The extremely small number of people who needed to know about this issue were immediately briefed on a strictly confidential basis”.


That was held to be the responsible approach.

The noble Lord, Lord Newby, said that our approach to China does not convince. The noble Baroness also said that we must have a serious response to China. I believe that was implicit in the Statement and explicit in the Statement made by my right honourable friend in the other place. I underline what he said and what the House feels: China is a country that—sadly—has fundamentally different values from us and therefore represents a systemic challenge to the world order.

I agree with the noble Lord, Lord Newby, that China’s behaviour is increasingly concerning. It is becoming more authoritarian at home and more assertive overseas. We are alert to that challenge and I would say, as I often say in this House, how much we feel fortified by the support across the Chamber. We must take the necessary steps to stand up for our values and protect our interests.

On the other hand, China is also a permanent member of the UN Security Council. It is the second largest economy in the world and has an impact on almost every global issue of importance to the UK. Our overall approach, therefore, must be rooted in our national interest and co-ordinated with like-minded partners, as I referred to with the AUKUS arrangements, the long-standing Five Eyes arrangements and the work on a new aerial provision with Italy and Japan. We will go on working with like-minded partners. We are sending the aircraft carrier presence to the East again to assure our allies there that we will go on working with them to maintain a stable international order. The integrated review refresh set out a new approach and measures to respond to the increasingly concerning actions of Chinese authorities.

I agree with the noble Lord, Lord Newby, that it is an epoch-defining challenge for our country and the world. We have been clear that China remains the biggest long-term question and threat to the UK’s economic security, but it is not smart foreign policy to reduce our entire approach to China to one word. Our approach should be measured in our actions rather than our words. We in the Government are confident that, with the support of the party opposite and others, we are taking the right actions to keep the United Kingdom safe and prosperous.

NATO Summit

Lord Newby Excerpts

Tuesday 18th July 2023 Lords Chamber

[Lord Collins of Highbury (Lab)]

I thank the noble Lord very much. It was taken a few days ago, and we have all had the opportunity to read it. I do not wish to show any disrespect, but I hope we can focus on the questions on the Statement.

The summit in Vilnius was a display of NATO’s unity, and an extension of the principles which Ernest Bevin, of course, signed up to in 1949. He was one of the finest Foreign Secretaries the UK has had and, of course, one of the greatest trade union officials, which I know the Leader will be impressed by. Noble Lords on these Benches, and indeed across the House, will always remain committed to those unshakeable values of the North Atlantic Treaty.

I welcome the progress made in strengthening the alliance. The country which President Biden referred to as the “light of Lithuania” provided a symbolic backdrop for the meeting, and a reminder that Europe’s freedom can never be taken as a given. As the Prime Minister said, the world has been made a more dangerous place by authoritarian aggression. It is only right that we respond by building NATO’s readiness. I therefore very much welcome the agreements made last week.

In particular, I draw attention to Finland’s accession, and the hope that others will soon follow. These are historic decisions, which will bring strong and valuable additions to the group. NATO chief Jens Stoltenberg described President Erdoğan’s agreement to Sweden’s accession as a “historic step”, but stressed that a clear date could not be given for when it would join the military alliance, as this relied on the Turkish Parliament. I hope the Lord Privy Seal will be able to give us an update on Turkey’s position, and what timeframes the Government anticipate for accession to take place.

By welcoming allies into the NATO fold, we are strengthening the collective defence of our European neighbourhood and sending a signal that Russian aggression will be confronted. But the House will know that membership of the alliance brings responsibilities, and that includes a commitment to spending 2% of GDP on defence. Seeing our NATO allies all commit to this was heartening, but it shines a light on how our own contribution to defence spending has fallen in the past years. The Prime Minister’s Statement referred to the renewal of this commitment in Vilnius, but the Lord Privy Seal will know that there is unease on these Benches at the cuts to our Army, and our troops lacking the equipment they need to fight and fulfil our NATO obligations. Given that there are now 25,000 fewer full-time troops since 2010—leaving our Army at the smallest size since the time of Napoleon—I use this opportunity to ask the Lord Privy Seal to encourage his Cabinet colleagues to halt these cuts and keep Britain safe.

Today’s refreshed Defence Command Paper was an opportunity, but as my right honourable friend John Healey said:

“Labour wanted this to be the nation’s defence plan, not the plan of current Conservative Defence Ministers”.


He offered

“to work with the Government on a plan to make Britain secure at home and strong abroad”.

This is no such plan.

Similarly, the Lord Privy Seal will know that our military is only as strong as the stockpiles behind it. On the plans announced to scale up defence production, I ask him to commit to updating Parliament on progress towards stockpile targets, so that the House can support the monitoring of this new agreement.

As part of the world’s most powerful military alliance, we must also ask questions about our collective readiness. The Statement referred to regional war-fighting plans. Can he assure the House that the plans will adapt to changing security threats in eastern Europe?

I also welcome the commitment to pursue Putin for his crimes. In addition to our membership of NATO, the Lord Privy Seal will be aware that the United Kingdom is currently serving as president of the UN Security Council. Given the Foreign Secretary’s commitment to using this role to hold the Russian Government to account, can the Lord Privy Seal provide an update on yesterday’s high-level briefing?

For over 500 days, Ukraine has fought for its freedom, and for ours. I want to finish by welcoming the declaration which backs its accession to NATO. In the short period between this Statement being made in the other place and its repeat today, the people of Ukraine have suffered Russian drone attacks in many cities, missile strikes in Kharkiv and shelling in Kherson and many other places. Between the time that this House rises next week and when it returns in September, we can all hope that the Ukrainian counteroffensive will have progressed, but we all know that there will be further civilian deaths at the hands of Putin’s regime. Despite the lack of timetable for Ukraine’s accession, I hope the Lord Privy Seal will agree that it should be a matter of when, not if, and that we will welcome Ukraine as a full member to NATO.

[Lord Newby (LD)]

My Lords, I thank the noble Lord the Leader for responding to the Statement—and, indeed, for not repeating it.

The Vilnius summit took place at a potentially pivotal point in the Ukrainian struggle against its Russian occupiers and clearly demonstrated why NATO plays such a pivotal role in the security of Europe. The Prime Minister in his Statement set out three ways in which the alliance was being strengthened to deal with the challenges of Ukraine and more broadly.

The first was an increased defence readiness. The Prime Minister cited the fact that the UK was scaling up defence production to boost our stockpiles. There have been newspaper reports in recent days about how this is happening in respect of shells and other ordnance, but could the noble Lord reassure the House that stockpiles of other equipment are being replenished with equal urgency? Strengthening of the alliance also includes its expansion to admit Finland as a member, with Sweden closely to follow. These are extremely welcome developments.

The second development which the Prime Minister highlighted was the increase of support for Ukraine. We can understand why Ukraine is so keen to join NATO at the earliest opportunity but equally understand why that is not possible with the war still under way. The establishment of the NATO-Ukraine Council in these circumstances is a sensible interim structure under which dialogue can be conducted, but as far as the UK is concerned, could the noble Lord the Leader say whether the increase in support which the Prime Minister mentions involves any specific increase in military hardware support from the UK? Does he accept that it is hardly surprising, and certainly not a reason for censure, that the President of Ukraine is persistent in asking for more military hardware, without which success—in what we all accept is a must-win struggle —cannot be achieved?

The third issue stressed by the Prime Minister is that, in his words,

“The UK remains a driving force behind this alliance”.


To support this argument, he points again to the proportion of GDP which the UK devotes to defence. While this is clearly greater than some of our allies, there is widespread and growing concern about the effectiveness of this expenditure. For example, the recent House of Commons Select Committee report on military procurement, It is Broke—and it’s Time to Fix It, sets out a catalogue of specific and generic failings within MoD procurement. It says that the system suffers from “misplaced optimism”, a shortage of legal and commercial expertise, a lack of key skills, a habit of overspecifying, not

“sufficient emphasis on the value of time”

and

“a lack of a fixed long-term budget”.

Given that half of the defence budget is spent on the purchase of equipment, these are fundamental problems. What are the Government doing to reduce the waste and inefficiency in the MoD procurement process, which could ensure that the very many calls on the defence budget—not least the sensible calls to reverse the manpower cuts to the Army—can be more effectively met?

The Prime Minister also boasts of our role in keeping NATO at the cutting edge of technological developments. One way in which we could do so is by working with European partners via the Horizon programme. It was reported that the Prime Minister was to sign a deal at the summit for the UK to rejoin Horizon. This did not happen. Can the Leader say when it will happen, so that vital scientific collaboration can resume? If, in the Government’s view, there are arguments for not doing so, can he set out what they are, given the unanimity of scientific support for the UK to rejoin without further delay?

Finally, the summit communiqué discusses the partnership between the EU and NATO. It says that this partnership also needs the participation of non-EU allies—that is, the UK. It looks forward

“to mutual steps, representing tangible progress”.

Do the Government agree that working with the EU on military issues is of fundamental importance? If so, what kind of tangible steps do they have in mind to bring this about?

[Lord True (Con)]

My Lords, I am grateful for those responses and again apologise for volunteering to read the Statement. I had initially been told that the usual channels had agreed to that. I obviously always wish to be of service to the House, but we are proceeding in a way that appears to please those present.

I was pleased by what those present said in response to the Statement. I would not accept the characterisation of the Prime Minister as “boastful”. He has many characteristics, but I do not think that boastfulness is one of them.

I was asked a number of important questions. It is right that this challenge should be here, and it is against the background of the unswerving support that all parties in this House have given to the Ukrainian people and the effort against Putin’s aggression. I underline the gratitude of the Government and, I am sure, of the whole British people, for the unanimity that has been displayed in our Parliament and in our House, which was displayed again today.

I was asked a number of specific questions. I agree with the noble Lord, Lord Collins of Highbury, that freedom can never be taken for granted. Former President Reagan—not perhaps one of the noble Lord’s great heroes—none the less famously said that freedom is

“never more than one generation away from extinction”.

We must fight for it always. That is a great characteristic that unites the three great parties represented here. The accession of Finland was, I agree, a very important and historic event. What an absurd effect Putin has created: by launching this unlawful and vicious invasion, he has done something that few of us ever thought would happen—Finland has joined NATO and Sweden possibly will join.

On the date of the Swedish accession to NATO, as the noble Lord knows, there have been detailed discussions with President Erdoğan and the Turkish Government. The Prime Minister spoke to him a number of times and there is a general agreement that NATO will be stronger with Sweden in it. Sweden is a country with great capabilities, technical and in defence terms.

The legal position is that President Erdoğan has said that he will transmit accession protocols to the Grand National Assembly of Turkey, which, following the recent election, his party controls, as I understand it. The next step is for the protocols to be voted through by the assembly. While I have some control over business in your Lordships’ House through the usual channels, it is clearly a matter for the Turkish Government and Parliament to decide how swiftly they proceed. We obviously hope that they will proceed swiftly. We are dependent on our allies, and we are in no doubt that Sweden’s membership will strengthen the NATO alliance and make us all safer, as Finland’s membership has done.

On deterrence and defence, some scepticism was expressed about Britain’s defence posture and our commitments on spending. The defence Command Paper was published today, and there will be a Statement in your Lordships’ House tomorrow, when noble Lords will be able to probe that more deeply. I can reassure the House that on defence our core business is to deter and defend against all threats to our security in the modern world in the way we regard as the most effective. That is set out in the latest Statement.

G7 Summit

Lord Newby Excerpts

Wednesday 24th May 2023 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the Lord Privy Seal for repeating the Statement. It is very helpful to the House, and I am grateful to him for doing so. I reinforce the comments that he made about the Manchester Arena bombings and the murder of Lee Rigby. There are certain events that, when they happen, all of us remember where we were when we heard about them. I certainly think we still feel the emotions that we felt when we heard about those two.

Having read the communiqué from the summit before I heard the Statement, I have to say the Statement covers a lot more self-congratulatory comments that are not directly related to the summit. That is not the norm, but perhaps I can focus on the parts of the Statement that are relevant. It seemed particularly poignant that we were discussing one ongoing war, in Ukraine, at the scene of a peace memorial park in Hiroshima. That backdrop is a symbol of how the horror of war just haunts for generations.

Putin’s violent and illegal invasion has had an immediate effect on millions of Ukrainians today, and the post-war reconstruction of that amazingly resilient country will take decades. We also have to factor in the longer-term consequences for the future security of Europe. That is why a united front on this issue, here, across Parliament and internationally, is so vital. We continue to welcome the Prime Minister’s commitment to Ukraine, which has the full support of the Opposition Benches. But it is clear that as Ukraine prepares for a counter-offensive, there is no room for complacency or letting our guard down. The international agreement to start providing Ukraine with F16 fighter jets is progress. It is a sign of the unwavering united stand.

New trade restrictions should continue to hamper Russia’s military capabilities, but until a Ukrainian victory delivers peace, we must continue to examine ways of strengthening our support. It is right that the UK’s sanction regime, which I welcome, is broadly aligned with our allies and that designations are being updated. But the noble Lord knows, as I do, that improvements should be made on enforcement. Is my understanding correct that no fines have been imposed for any sanction breaches? Is the noble Lord confident that this is because there have been no breaches? It would be helpful if he was able to provide information and assurances on how we are working with our allies to monitor the effectiveness of sanctions. We have to do this to ensure that breaches are identified and offenders held to account.

As we all know, Ukraine is experiencing a humanitarian crisis as a result of the invasion, which has a wider destabilising effect, including from the weaponisation of food. We welcome that the leaders’ statement on Ukraine references support to vulnerable countries, including from the World Food Programme. However, I ask the noble Lord specifically: how is the UK working with the UN Refugee Council to support those who have fled the conflict into neighbouring countries?

I was pleased to hear the comments on China. The noble Lord will be aware that we have had many debates and questions in this place about our relationship, business and political, with China and the risks posed. The Government’s commitment to de-risking our economic relationship is of course welcome. Does the noble Lord accept that we really need a full audit of our relations and our engagement with Beijing, and will he look into that?

We must remain at all times committed to our democratic values, the rule of law and the primacy of human rights, at home and abroad. The communiqué’s commitment to being

“more united than ever in our determination to meet the global challenges of this moment”

is both welcome and essential across a range of issues, including support for Ukraine and our relationship with China. The communiqué rightly referred to the situation in the East China and South China Seas. If we are to play our part in this joint approach, can the noble Lord tell us how we will strengthen our defence ties across the Indo-Pacific?

There were key issues discussed at the summit that I was surprised were not even mentioned in the Prime Minister’s Statement, including energy security and climate change. Russia’s weaponisation of energy has acted as a wake-up call, but while it illustrates a vulnerability in our supply, it also provides an opportunity to make Britain a clean energy superpower. Homegrown, cheaper, clean energy will cut energy bills, help tackle the cost of living crisis and support manufacturing and other industries. These issues are reflected across the G7.

It is one thing to discuss these issues, but can I press the Lord Privy Seal on how the Government will deliver on accelerating the transition to clean energy agreed at the summit? How will the UK play its part in the collective increase in wind capacity? He will be aware that the Government are opposed to the cleanest, fastest and cheapest energy sources: onshore wind and solar. That will make the objectives harder to achieve, so can he say something about the plans in place to compensate for that government policy?

The Lord Privy Seal will also be aware that there is a direct link between the environmental commitments and energy security. There were key commitments at the summit which are not even mentioned in the Statement. If he is able to say any more, the House would find it very helpful. Can he say why this is and perhaps provide some reassurance on the Government’s commitment on these issues and the action that will follow the summit?

Other issues that were not mentioned in the Statement include: health and pandemic resilience, digital technologies, artificial intelligence, multilateral development banks, human rights and equalities. I appreciate that not everything can be mentioned, but I hope we will hear more about these between now and the next summit.

In the Statement, the Prime Minister spent some time telling us how well things were going for the Government on foreign policy. There is absolutely no doubt that work internationally is crucial to our future as we seek to meet global challenges together. I have to say I found that part of the Statement really disappointing in its complacency and its quite selective reporting of these issues, so can I press him on a couple of points?

The Government promised a free trade deal with the US by the end of last year, but there has been no reference to this. Perhaps President Biden let the cat out of the bag when he was in Belfast, when he disclosed that talks will not begin until 2025. This is a key relationship for the UK. Is the noble Lord able to say whether the Prime Minister raised the timing of the start of those talks with the President to see if they could be brought forward? Despite the focus on trade in the Statement, there is no mention of the commitment to securing free trade agreements covering 80% of UK trade by the end of 2022. Can the Lord Privy Seal say when the Government now expect that commitment to be met?

There is a real fear that the Government’s lack of ambition and action will mean lost opportunities for the jobs and economic growth that we so badly need. We see other countries forging ahead. For example, the Government’s response to the US Inflation Reduction Act is so critical. We should be using that as an opportunity to seek out new opportunities for the UK. He will also be aware of today’s news that UK borrowing has reached significantly higher levels than expected, and of the associated costs of that. Was there discussion about how the Government expect to restore global confidence in the UK economy, which continues to lag behind international competitors in terms of growth and investment?

This was clearly a valuable summit with some very important outcomes, particularly on Ukraine and China. But if the Government really want to be a leader on the international stage, they have to be more proactive in securing a stable and growing economy here in the UK.

[Lord Newby (LD)]

My Lords, I would like to thank the noble Lord the Leader for reading out the Statement. Normally I am happy for it not to be read out, but on this occasion I welcome the fact that he did so, because it demonstrates the gulf between the Prime Minister’s self-congratulatory posturing and the substance of what was actually discussed at the summit.

The Prime Minister devotes one-quarter of the Statement to Ukraine. On these Benches we strongly support the UK efforts in supporting the Ukrainian people in their struggle against Russia. But all the Statement does is boast about what the UK has already done, not what the Prime Minister thinks the summit might have achieved in supporting Ukraine in the future. The Statement then speaks briefly about the discussion about China in Hiroshima, before veering away from the summit altogether and making a series of breathless assertions about how terrific the Government’s foreign policy is. These take up getting on for half of the total content of the Prime Minister’s Statement. I will just raise two of them.

First, the Prime Minister talks about our post-Brexit, “hugely ambitious trade policy”. He particularly basks in the glory of deals done with the CPTPP, Australia and New Zealand. The noble Lord knows as well as the rest of the House that these deals promise potential increases in our level of trade which are a small fraction of the loss of trade we have suffered as a result of Brexit. Could he remind the House of the increase in GDP these deals promise according to the Government’s own impact assessments compared with the reduction in GDP of Brexit estimated by the OBR?

Secondly, the Prime Minister talks about the carrier strike force group returning to the Indo-Pacific region by 2025. Could the noble Lord say how many ships this strike force group will consist of? Is it not the case that we have so few frigates that any strike force group we send will be a sitting target, unless it has a huge amount of covering support from allies? We are deluding ourselves to suggest that we have the capacity to provide any meaningful naval force so far from home waters.

Compared with the Prime Minister’s Statement, the communiqué from the summit, which runs to some 41 pages, covers substantial proposals on some of the most important issues facing humanity. As the Prime Minister did not think any of these were worthy of a mention in his Statement, I wonder if the noble Lord could enlighten us. For example, the summit reaffirmed support for the sustainable development goals to be achieved by 2030. In particular, it stresses the importance of mobilising public and private sector resources for this. In light of the Government’s abandonment of the 0.7% target for development assistance, can the noble Lord explain what the Government are doing to reinforce their efforts in this area? Given the importance of the issue, can he say which UK Government Minister will attend the SDG summit in September? On climate change, the summit reaffirmed its support for “robust” pledges of funding for the green climate fund. What sort of robust pledge has the Prime Minister made, or does he plan to make, on this issue?

The other issues discussed in Hiroshima, as the noble Baroness already mentioned, according to the communiqué were disarmament, the global economy, the environment, energy, economic security, food security, health, labour, education, digital, science and technology, gender and countering terrorism. None of these subjects rates a single mention in the Prime Minister’s Statement. Could the noble Lord the Leader tell the House whether the Prime Minister expressed a view on any of these issues and, if so, what it was?

When Boris Johnson was Prime Minister, we became used to Statements which were full of bombast, self-congratulation and exaggeration. It is depressing to find that his latest successor has decided to follow the same songbook. In doing so, he does a disservice to Parliament and to the country.

Northern Ireland Protocol

Lord Newby Excerpts

Tuesday 28th February 2023 Lords Chamber

[Baroness Smith of Basildon (Lab)]

No, I am not giving way, and he should not heckle. He should behave in this House; he has been here long enough.

How much sooner could this new framework have been agreed if the time and energy put into the Northern Ireland Protocol Bill had been put into negotiating the framework? The outline of a deal has been clear for months. Business organisations have been crying out for certainty for even longer, not only because of short-term stock issues or the burdens of additional paperwork but because the uncertainty was creating systemic problems on the ground. A lack of clarity on trade terms, both within the UK internal market and with the EU, was extremely challenging to those seeking to attract investment into Northern Ireland’s economy.

As the detail of the agreement is examined, debated and challenged, we urge the Prime Minister to be honest about the compromises that have had to be reached —compromises made in the best interests of Northern Ireland and the UK as a whole.

When arguing against the protocol, a key issue raised by the DUP, as we heard in yesterday’s debate on the Northern Ireland executive formation Bill, is the democratic deficit caused by the protocol. Those concerns must be understood but, as my noble friend Lord Murphy of Torfaen, who has considerable experience on this issue, asked the House yesterday, is there not a bigger democratic deficit in the people of Northern Ireland not having a functioning Assembly or Executive? Crucial decisions are either not being taken or being taken by civil servants rather than Ministers. Meanwhile, the people of Northern Ireland are not being served properly in the face of a cost of living crisis affecting the entire UK. If we are making the case that the Good Friday agreement is undermined by the protocol, we must understand that the absence of those political and related institutions is also breaching the agreement.

The tone of DUP leader Jeffrey Donaldson’s comments yesterday, when he said he would examine the detail of the new framework, is welcome, as is the Prime Minister’s commitment to giving Northern Ireland’s political parties the time and space for their own deliberations and to address any points raised. This new agreement should provide a path through the political stalemate and towards the restoration of power-sharing, even if that is not immediate. In this 25th anniversary year of the Good Friday agreement, I hope we can move forward in a spirit of co-operation rather than seeking more negotiations.

The Windsor Framework will not in isolation solve all Northern Ireland’s problems, nor completely reset the UK’s relationship with the EU. Beyond the protocol, the Government are pressing ahead with the revocation of vast swathes of retained EU law at the end of this year. Such a step would likely have implications for the trade and co-operation agreement, which relies on minimum standards in several areas. We accept that the Government want a framework for replacing retained EU law and that we need to establish the future status of laws carried over from our time in the European Union.

However, having sought the Windsor Framework to provide certainty for businesses in Northern Ireland, it is counterintuitive to create uncertainty for businesses across the whole UK by introducing a regulatory cliff edge at the end of this year. Surely it is illogical, impractical and reckless to allow potentially important pieces of law to fall off the statute book by default because a department lacks the capacity to identify and rewrite them in the next 10 months. Perhaps the Leader can help me on this. Was it discussed with the Commission President yesterday? Can he now look again at our common-sense and pragmatic approach to review the process of existing retained law?

In conclusion, this important deal may not be perfect, but it represents a significant step forward. In welcoming it, we should pause for a moment to consider the wider context. For the past six and a half years, the at times toxic debate around Brexit, both in Parliament and in the wider country, has cast a shadow over our politics and civic debate. One of the worst aspects has been that the expression of any doubt about the process, let alone the outcome, has generated abuse and false accusations of not respecting the referendum. At the very outset of our debates, I said that the process and delivery of Brexit should not be led by those who had no doubt, because it is through doubt that we have challenge. It is through challenge that we have scrutiny and through scrutiny that we get better decisions and better legislation. The Prime Minister’s Statement is an admission that the Government made mistakes in negotiating and signing the protocol, and that there was a lack of honesty. We welcome today’s Statement. As we move forward, this should be an opportunity to reset our politics.

[Lord Newby (LD)]

My Lords, I too thank the Leader for repeating this very long Statement. My principal emotion on hearing that an agreement had been reached and on reading the documentation was overwhelmingly one of relief. I suspect that this feeling is shared on a widespread basis across the House. For months the wrangling over the protocol has taken up a huge amount of time and political capital. It preoccupied your Lordships’ House with the Northern Ireland Protocol Bill and acted as a blockage to constructive engagement between the UK and the EU on a range of other issues that had absolutely nothing to do with the protocol itself.

The Windsor framework represents an outbreak of common sense on both sides and it should bring great relief to many in Northern Ireland who were worried about the practical costs of the previous trading arrangements or what they saw as threats to the Good Friday agreement. The Prime Minister and other Ministers involved in securing this agreement are therefore to be heartily congratulated on achieving it. It would perhaps be churlish to point out, however, that the only reason all this effort was needed, and that all the contortions required to get to today’s position were necessary, was the deeply flawed original agreement, an agreement enthusiastically supported at the time by those who have now fundamentally renegotiated it. So I shall not dwell on that point today.

On the actual contents of the agreement, the only aspect which raises an immediate warning flag to me is the Stormont brake. If it is indeed used in only exceptional circumstances, that is one thing; but if it came to be used regularly, it could in itself lead to serious instability and uncertainty. I know that this issue is of particular concern to my colleagues in the Alliance Party. Having had an initial brief meeting today, they have asked to see the Prime Minister again to discuss this in detail. I hope the Leader can give me an assurance that the Prime Minister will not now simply be spending a lot of time with the DUP but will equally meet with the other parties in Northern Ireland to discuss any outstanding issues they might have.

In the short term, however, yesterday’s agreement will bring relief for many people in Northern Ireland and will hopefully, one would have thought, lead to a rapid resumption of the Northern Ireland Executive. This, though, is entirely down to the attitude taken by the DUP. We have heard much from them about the democratic deficit caused by the protocol, but as the noble Baroness, Lady Smith, pointed out, the democratic deficit caused by the continued absence of an Assembly is surely even more pressing for the daily lives of the population in Northern Ireland. To make an obvious point, if the Stormont brake is to rectify the democratic deficit, there needs to be an operational Administration in Stormont to pull it, so I hope the DUP will now allow the Assembly to function once again without further delay.

Beyond this, we need to use this outbreak of civility and the commitment by the Government and the EU to, in the words of the Command Paper,

“a positive, constructive relationship as partners”

to serve as a reset of our overall relationship with the EU, so that we can begin to mitigate some of the other costs of Brexit. It is, for example, welcome that the EU is now prepared to unblock the UK’s participation in the Horizon programme. This is long overdue, and I hope the Government grasp this opportunity with both hands, but this should surely be only the start. If it were possible, following the precedent of this agreement, to remove many of the costly barriers to trade with mainland Europe itself, there would be an even greater benefit for the economy as a whole than sorting out the protocol. If, for example, much of the red tape created by the TCA could be removed, small businesses, fishermen and farmers could trade with the EU at much lower cost. With a spirit of good will, the problems facing travelling artists could be mitigated, the lack of comprehensive financial services arrangements could be rectified and the many remaining issues on immigration between the UK and EU could be addressed in a serious manner.

This agreement offers the prospect that, if the EU believes that the UK is acting in good faith and can be a reliable partner, we can make progress across a much broader range of issues. Reaching agreement on the Northern Ireland protocol is a good start, but there is a lot more to do.

[Lord True (Con)]

My Lords, I thank the noble Baroness and the noble Lord for the manner of their responses and the broad and deep welcome, I felt, they gave to the great and distinguished efforts made by my right honourable friend the Prime Minister and the other parties in the negotiation—any negotiation needs two parties—in getting to this place. I will take back to the Prime Minister those very positive comments.

I do not wish to put anybody in any kind of box or to say that anyone will be responsible for anything at this time. This is a moment of opportunity but, as the noble Lord said, it is right that all parties be given time and space to reflect on the details of what has been placed before Parliament, not only the Command Paper but the detailed text alongside it. I will not challenge anybody at this Dispatch Box to do anything, although obviously we would all agree that the restoration of the institutions in Northern Ireland is a high priority and in the interests of its people.

I can give the noble Lord the assurance he asked for: not only are we committed to providing a proper say for Stormont in the joint committee process and will codify the process around the Stormont brake in domestic legislation, but we will engage in detail with the political parties in Northern Ireland, not just one set, on the best way to enshrine a meaningful say for Stormont in the scenario where the UK Government are deciding whether or not to veto a completely new rule being applied under Article 13.4. Those conversations must go on.

The House always indulges itself in criticising my right honourable friend the former Prime Minister. I must put on the record that, but for him, we would never have left the EU, as the public requested in a referendum. We should also remember that the Northern Ireland protocol, with all its imperfections, was born of a situation where a majority in both Houses were seeking to frustrate that. However, I agree with the sentiment expressed by the noble Baroness in her very statesmanlike response that we should leave these matters behind us.

On the Northern Ireland Protocol Bill, we will have to leave it to future memoir writers to know the motivations of the people who came to the negotiating table, or not. I am not as certain as others might be about whether the Northern Ireland Protocol Bill had an effect or not, but I do not believe it is a fruitful subject for debate. To repeat what the Prime Minister has said and I have said from this Dispatch Box on a number of occasions, the important thing is that His Majesty’s Government—and Her Majesty’s Government, as they were in those days—always preferred agreement and negotiation as the way forward. For whatever motivation and reasons, that negotiation has been undertaken in good faith and has delivered this framework agreement, which will hopefully secure the prosperity of Northern Ireland, the key aim of us all.

I do not know whether the retained EU law Bill, about which I was asked, was discussed yesterday. Obviously, the Government intend to proceed with the Bill, but I was present on the Front Bench to hear some of the discussions on the first day and will continue to listen to your Lordships’ House. I hope that we make reasonable progress in considering it.

I thank noble Lords for their response. I agree with those who have said that good relations between us and all our allies and neighbours is in our interests and theirs. On the basis of this agreement and the remarks made across this House, I hope we can now move forward in that purposive and positive spirit.

Democracy Denied (DPRRC Report)

Lord Newby Excerpts

Thursday 12th January 2023 Lords Chamber

[Lord Newby (LD)]

My Lords, it is a great pleasure to follow the noble and learned Lord, Lord Judge. I start by congratulating the noble Lord, Lord Prentis, on his maiden speech. It is always a particular pleasure to welcome a fellow Member of your Lordships’ House who was born in Leeds. I am sure he will make a very substantive contribution to the work of the House, and I look forward to hearing from him in future. I begin with an apology on behalf of my noble friend Lady Thomas of Winchester, who, as a former chair of the Delegated Powers Committee, was very much looking forward to taking part in today’s debate. Unfortunately, she is indisposed. I am sure she will be watching the debate avidly and have clear views on it.

The reports we are debating today deal with one of the most fundamental and fraught relationships in a democracy: that between the Executive and the legislature. There is an inevitable and natural tension between the two, and different democracies strike different balances between them. In the case of the UK, we have developed a series of conventions about how the relationships work, which, broadly speaking, have stood the test of time. These reports demonstrate that this relationship has shifted in recent years, in that the Executive have successfully sought to increase their control of legislation by reducing the scope of primary legislation—which is subject to full and detailed scrutiny, amendment and sometimes rejection—in favour of secondary legislation, over which there is very limited scrutiny, which is incapable of amendment, and which in well over 99% of cases results in the statutory instrument being approved in its original form.

As the reports make clear, this increased use of secondary legislation has a number of causes. Sometimes the Bill is presented to Parliament before there has been time to do the detailed drafting. Sometimes Ministers themselves seem unclear about exactly how they expect the intended legislation to operate. In what appears to be an increasing number of cases, Ministers simply seek to maximise their discretionary powers at the expense of Parliament. Since the reports were produced there have been a number of very clear examples of this principle in practice. The Schools Bill—now thankfully withdrawn—was one, as is the Retained EU Law (Revocation and Reform) Bill. As the noble and learned Lord, Lord Judge, very eloquently pointed out, the Transport Strikes (Minimum Service Levels) Bill is another. There is clearly widespread agreement, not just in the reports but in today’s debate, that the current trend towards skeleton Bills and the increasing use of secondary legislation is unsatisfactory and should be reversed.

In his evidence to the Delegated Powers Committee, the then Lord President argued that proposed ministerial powers contained in upcoming legislation via secondary legislation were subject to intensive scrutiny by the public bills and legislation Cabinet committee. I sat on that committee for three years from 2012, and that issue was rarely discussed. If it was, it was in the context of whether widespread SI-making powers would cause problems in getting the Bill through your Lordships’ House. It was certainly never about whether in principle the Bill was giving Ministers too much power. Maybe since then things have changed, as he suggested. But the evidence of many recent Bills is that, to the extent that they have changed, they have done so for the worse. It would be a bad mistake to place any faith in the PBL committee to redress things.

Instead, we look to reports. They contain a swathe of sensible proposals about how to improve the situation. If implemented, they would undoubtedly go some considerable way to doing so. But the reports do not completely address how Parliament should respond when faced with proposals that still contain far too many discretionary ministerial powers to be exercised by secondary legislation. What should we do about it?

In the medium term, one way of addressing that is to increase Parliament’s ability to amend or reject an SI, as several noble Lords, including my noble friend Lord German, have suggested. For the Lords, this could take the form of asking the Commons to think again, in much the same way in which we do for primary legislation. For the Commons, it might take the form of requiring an amendment to be made before the SI is approved. Such an approach is being proposed by the Hansard Society in its delegated legislation review, due to be published later this month, which I commend. Such new powers should be accompanied, as the Hansard Society proposes, with other measures that have at their heart a new concordat between Parliament and government that would establish a clearer boundary between what should go into Bills and what should go into SIs. If that approach were to stand any chance of success, all the main parties would need to sign up to it in advance of the next general election and include such proposals in their manifestos. This is a good time to contemplate that, and I hope very much that the parties will do so as they are beginning the process of putting together their manifestos.

However, the next election is not being held tomorrow. For the next 12 to 18 months, we have to decide how to deal with legislation either currently before us or that will reach us at a later date. There are two ways in which your Lordships’ House can and should exercise its authority if it feels that the Government are taking too much arbitrary power. First, as a Bill goes through the House, we should make it clear that when we see too extensive delegated powers we are prepared to vote against them at clause stand part. Even the threat of doing this can sometimes concentrate ministerial minds, as we saw with the Schools Bill. If the Government insist, we should put the matter to a vote. If the whole Bill is little more than a skeleton Bill, we should in extremis be prepared to vote against the Bill as a whole. Secondly, when, as happens from time to time, the Government bring forward SIs based on existing legislation that the House thinks goes beyond what was envisaged when the Bill was debated, or that are simply badly drafted, we should be prepared to vote against them. The noble Lords, Lord Liddle, Lord Norton, Lord Sandhurst and Lord Cormack, and my noble friend Lord German and the noble Viscount, Lord Stansgate, among others, suggested that as an option. I realise that those on the Opposition Front Bench are opposed to this proposal in principle; they will not do it, in case the Conservatives do it to them if and when they are next in government. However, this is not a principle but a political calculation.

I know that many on the Cross Benches are concerned that voting against an SI breaches the conventions but, as a number of noble Lords have said, the Lords has always had the power to say no in extremis, and it should be prepared to exercise it—not on a regular basis, but when an SI is particularly deficient. The only alternative to taking this action is that we simply let the Government get away with it. No volume of condemnatory speeches and no regret Motions have the slightest effect. The Minister might be slightly discomfited, but frankly that is a small price that the Government are very willing to pay to get their measure through.

For the world outside Parliament worried about a cost of living crisis and a collapsing NHS, today’s debate must seem a mile away from their day-to-day concerns, but the effectively unfettered use of ministerial power will affect many aspects of their lives. It is not what they expect of their democracy—and they are right.

Tributes

Lord Newby Excerpts

Tuesday 20th December 2022 Lords Chamber

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

My Lords, I start where the Leader of the House finished: I join him in thanking all the staff of the House and wishing everybody a very merry Christmas and a happy new year.

I am always conscious when I come into this House that there are people here before I arrive, such as the security staff and cleaners. They are here as I walk out the door in the evening as well, as I say goodbye to them. We thank all the staff for all the work they do. We also thank all the staff who work for Members here, and those staff in the usual channels and Whips’ Offices. I also thank the contracted staff: the people who work for Royal Mail and give us our postal services, and all of the contractors based here as well. Thank you all so much.

As the Leader said, the dedication and service of the House was on its finest display during the period of national mourning and the lying-in-state of her late Majesty, with our doorkeepers and Black Rod on television at key points throughout those two weeks. We thank them very much for their service then, as we do for all their service throughout the year.

Philippa Tudor retired in October with clerkly precision, exactly 40 years after her start date. She held several key roles in the administration, including positions on the management board as finance and HR director and, for the last 10 years, as Clerk of Committees. Philippa blazed a trail for others: until more recently, she was one of a few senior women in the administration. She led by example and broke new ground, and was the first woman to sit at the Table of the House.

Philippa was committed to improving the House as a place of work for everyone in it. As HR director, she steered the House to Investors in People accreditation for the first time. As Clerk of Committees, she will be missed by her staff team, whose well-being she was visibly committed to. Never was this more needed than during the pandemic, when she was able to oversee the innovative delivery of committee services without compromising colleagues’ health at any stage. She was a distinguished finance director, leading the finance team through a period of significant change.

Away from her career in the Lords, Philippa also held a senior role in the Scotland Office as the head of its parliamentary constitutional division, where she played a leading part in establishing the basis of the working relationship between the UK and Scottish Governments in operating the devolution settlements in the early 2000s. Outside work, she has for many years been a volunteer for the charity Facial Palsy UK, running its London support group and supporting those affected by the various forms of facial palsy. Since retiring, Philippa has volunteered at Pecan, a south London charity providing support to people in need, such as the long-term unemployed. Philippa is a talented and passionate historian, having just published an excellent book on Mrs Gustav Holst.

Elma Refuerzo started in the House of Lords in September 2000 and retired in September 2022. She was a valued member of staff, working for 20 years as an early housekeeper, cleaning high-profile areas of the House including the Chamber, the Lord Speaker’s Office, the Robing Room and the Norman Porch area. Elma retired to spend more time with her daughter and mother in the Philippines.

Lesley Linchis retired from House of Lords Hansard in March, after working here for 21 years. Her first encounter with Hansard was in the early 1980s, when she worked in the Commons as a freelance typist, having answered an advertisement in the Evening Standard asking for people who were prepared to work unusual hours. She then joined the Commons Hansard team officially, taking on various reporting roles before moving to the House of Lords in 2001, where she worked as a reporter and, finally, a managing editor. Her long career was marked by a combination of hard work and arcane film knowledge.

Janet Anderson started in August 2008 and retired in March 2022. She was a valued member of the early housekeeping team and worked for 16 years in the House cleaning its high-profile areas and outbuildings, including the Robing Room, the upper Chamber galleries, the Royal Gallery and the Lord Speaker’s offices. Janet was a hairdresser for many years and has now retired to spend time with her husband and children.

Karen Stokes started in the Palace of Westminster as a security officer in 2002, where she soon became known for her politeness and professionalism to everyone she met. After retiring as a security officer in 2016, she joined Black Rod’s department as a doorkeeper that year. She was able to transfer a lot of her skills and knowledge of the building from her previous role. She was a loyal and knowledgeable member of the team, respected by all who knew and worked with her. She will always be remembered for her infectious laugh, which could often be heard in the other place. Karen retired from Black Rod’s department in April and is currently working in the banqueting department.

Michael Stevenson started in the House of Lords in March 1986 as a second chef, and eventually became head chef. He was a well-liked member of the catering team and was always seen as supportive and a mentor to junior chefs. Kind and professional, Michael then had a second career in the House of Lords, moving across to property and office services in the Department of Facilities in 2013 as a facilities manager. Michael thrived in this role and took on management of the housekeeping team, among other duties. He was passionate about protecting the heritage of the Palace and took huge pride in the work of the housekeeping team, in particular preparing for the State Opening of Parliament.

One of Michael’s lasting achievements was to gain support and funding for the House of Lords heritage cleaning team—the first of its kind. It has become indispensable in providing specialist cleaning services to both Houses; it recently provided them in Westminster Hall for her late Majesty’s lying-in-state. Michael worked with many Members and staff across the House for many years. He was well thought of by all those who worked with him. Michael retired on 5 June 2022, looking to spend more time with his two children and watching Formula 1 and football, and to move out of London for a quieter life.

In conclusion, I wish all Members of the House a very Merry Christmas.

[Lord Newby (LD)]

My Lords, I join the noble Lord, Lord True, in thanking all the staff for their very considerable efforts on behalf of us all over what has been an unusual but certainly demanding year. Obviously, the work that was done in the aftermath of the death of the Queen by staff in your Lordships’ House was most impressive. I think all noble Lords really saw our staff at their best during that stressful period. I join the Leader in thanking the staff in the Government Whips’ Office for helping to make the usual channels work so smoothly, and indeed my staff, who try to make me work more smoothly also, with variable degrees of success.

Mark Simpson recently retired after a distinguished and varied career spanning 30 years. During this time, he built up an extraordinary depth of knowledge of Parliament and its proceedings, which he used to improve understanding among the public and colleagues alike. Mark had a number of roles, but it was his 20 years handling inquiries from the public in the Information Office, later the Communications Office, where he made his most telling and lasting contribution.

The inquiry service was one of the founding teams when the Information Office was created. At its inception the service comprised little more than a basic phone line, but over the ensuing years Mark steadily transformed it into one that its many customers rely on and value today. Although the inquiry service was primarily intended to serve the needs of the public, Mark’s reputation for being the fount of all knowledge on your Lordships’ House meant that his expertise has been regularly in demand from staff and Peers alike. He also developed an unrivalled knowledge of the nooks and crannies of the Palace of Westminster itself. His idiosyncratic, entertaining and fact-filled Friday afternoon tours for new joiners became the stuff of legend. Perhaps there is a retirement job for him here but, in any event, we wish him a long and happy retirement.

Frances Grey worked for the House for over 20 years, quickly developing an expertise in information compliance, and was instrumental in preparing the House for new information access legislation, such as the Freedom of Information Act, environmental regulations, GDPR and the Data Protection Act. Initially a team of one, as information compliance demands increased, she became the head of information compliance and data protection officer for the House. She has been the House’s lead on all information compliance-related work and provided authoritative advice to no fewer than six Clerks of the Parliaments. For many staff, Frances was a constant figure of advice and assurance, a model of discretion, tact and good sense, and always ready to provide constructive and practical advice, balancing the needs of the House with the public interest and transparency.

Barry Whitcombe had been with House of Lords Facilities for 16 years. After five years, he was made senior attendant. Barry was a well-liked member of the team and is missed by all his colleagues. He will, however, now have more time to devote to his great enthusiasms: following Saracens rugby team and travelling with his family.

Julie Darlington’s contribution to the House of Lords has spanned 14 years. She helped establish the learning and organisation development team, before promotion to the role of pensions manager for all staff of the House of Lords Administration. In this role, she promoted the pension scheme to great effect and personally delivered the extremely challenging move into the Principal Civil Service Pension Scheme. Over the years, scores of people at every level in the organisation have benefited from her patient and empathetic explanation of their pension entitlement.

Richard Blake had a long career with the Ministry of Defence before joining the House of Lords in 2018 as director of the Parliamentary Procurement and Commercial Service. He had a unique perspective and a way of sharing his views with both humour and steel, the latter particularly when it came to compliance with regulations, for which we are extremely grateful. During his time in Parliament, arguably his greatest achievement was his invaluable work at the beginning of the Covid pandemic, leading the mammoth procurement at pace which enabled the virtual Parliament to operate in a compliant manner. He was also able to exercise the benefits that came from being head of procurement. Having a sweet tooth, he took a particular interest in all things food, especially cakes and pastries, and would try to be part of any form of cake-testing exercise. Richard is an ardent fan of rugby, real ales and red wine and a devoted father to two daughters. He was a respected leader and mentor to many in your Lordships’ House. We wish him and all other retiring staff the very best in their retirement.

[Lord Hope of Craighead (CB)]

My Lords, it is a privilege for me, on behalf of the Convenor, who very much wishes that he could be here, to associate myself and these Benches with the very well-earned tributes which have just been expressed across the House. Of course, we could not have achieved what we have achieved without the support of the many members of staff who have supported us in so many ways and in so many places over so many years. That is why it is very important that we pause for a moment at this time of year to express our gratitude. It is also a pleasure to hear the tributes that are paid in the maiden speeches of recently introduced Members to the kindness of the staff, thanking them for all the help they have given to them in coming to terms with their new surroundings. We know from our own experience that these words of thanks are not empty words. All these tributes are sincerely meant, so I think it is entirely right that we, on behalf of our various Benches, should take time to recognise what the staff do for us in our own words this afternoon.

I have been invited to pay tribute to the work done by five members of staff who have retired or are about to retire this year: Margaret Pieroni, Kath Kavanagh, Helen Egbe, Grahame Larkby and Nathan Mahesan.

Margaret Pieroni retired at the end of last month from the Human Resources Office as head of employment policy, pay and reward after 38 years of service to the House. During these years she made what can best be described as a sustained and enduring contribution to the work of every office our staff occupy. These included the Legislation Office and, perhaps most notably of all, in her chosen field of human resources. In the course of her long career, she developed a deep knowledge of the workings of the House and, more than that, a love for the work we do in this place. I am told that her resilience and conscientiousness won the respect of the many colleagues with whom she worked, and that she played a huge role in what the Human Resources Office has delivered for the Administration of the House of Lords.

Parliamentary Works Sponsor Body (Abolition) Regulations 2022

Lord Newby Excerpts

Tuesday 13th December 2022 Grand Committee

[Baroness Doocey (LD)]

My Lords, this building is like a patient held together with bandages and sticking plasters when only serious surgery can restore it to health. Advice from a range of experts makes it clear that the best way forward is for Members to move to temporary accommodation while the intrusive and very disruptive work is carried out.

It was precisely because making this happen would be so difficult and controversial that Parliament put into statute a sponsor body for the project to act independently and supposedly free from political interference. However, ever since the ink was dry on the Act of Parliament, the sponsor body’s work has been sabotaged by powerful Members of the Commons who want the Palace to be restored and made safe only so long as it causes no inconvenience to them personally and they can remain in the Palace while the work is carried out. Meanwhile, the functions of the delivery authority, which needed to undertake extensive surveys, have also persistently been held back by restrictions on access. So short-term expediency and convenience have won, while the longer-term interests of this Parliament have lost.

So what now? We now have to examine the new arrangements and ensure that they are fit for purpose. If we are no longer to have an independent sponsor body and the project is to become the province of Parliament, it follows that the new arrangements should at the very least be more accountable, but I worry that the new structure will not live up to that ambition. There is to be a programme board with day-to-day responsibility for the project. It is to be

“as small, as senior and as stable as possible to support its effectiveness, but as large as necessary to reflect the range of key stakeholders that need to be represented.”

Meanwhile, the client, in theory replacing the sponsor body and instructing the programme board, will be the two commissions of the Commons and the Lords sitting together. Having been a member of the commission in this House for four years, I say with great respect to its individual members that I am not confident that those arrangements will result in accountability either. Each commission is a large, opaque body and is noted for neither its transparency nor its swift decision-making. So I worry that this structure loses the independence the sponsor body set up but gains us nothing in accountability.

This is important, because Parliament’s in-house record of managing very large- scale projects on time and on budget is dismal. Every very large project, from Westminster Hall to the Elizabeth Tower, has run vastly over budget and miles behind the original timescale. Unless there is very careful oversight, there is no reason to believe that the limited restoration and renewal now on offer will not suffer the same fate.

We have to ask whether the commissions as client of the programme board will really devote the necessary time and be sufficiently independent to scrutinise this project. Of course, the Public Accounts Committee in the Commons will do its best to keep an eye on progress, but it already has an incredible workload. The National Audit Office will likewise continue to conduct its in-depth analysis of whether what has been spent provides value for money for the taxpayer, but both bodies have the whole gamut of public spending to look at, and their accountability mechanisms rely entirely on very busy Members of the Commons. Meanwhile, they both act retrospectively, blowing the whistle after vast sums of money have been spent rather than identifying problems coming down the track and raising the alarm.

I wish the commissions, the programme board and the delivery authority well, but I have very serious reservations about whether today’s SI really leads us to a better, more robust and more accountable means to achieve restoration and renewal. Regrettably, I fear that we are setting up overlapping echo chambers that, despite the best of intentions, will result in less transparency, less accountability and ultimately less chance of delivering a successful project. I very much hope that events will prove me wrong, but I am not holding my breath.

[Lord Newby (LD)]

My Lords, the very fact that we have to contemplate a new structure for undertaking this work shows what a dismal period we have been through, lasting many years, with huge amounts of work, vast expenditure and virtually no output. Although everybody agrees that major works are indeed essential, we just cannot carry on as if things will carry on.

The three issues that this proposal attempts to deal with have been aired by a number of speakers. Until the structures are set up and operating, the jury will necessarily be out as to whether they will be successful.

The first issue, which the noble Lord, Lord Forsyth, raised, is: what is the prospect of this body being any better than its predecessor in actually taking any decisions? The answer is that the previous structure was prey to the whims of one or two powerful people in the Commons. The decision-making structure here, being vested as it is in both commissions sitting jointly, at least means that we will not be subject to whimsical decision-making. That might be a modest expectation and aim, but frankly, given the history of this project, if we can avoid that it will be a major step forward.

The second issue relates to the cost and scope of the project. As the noble Lord, Lord Best, said, there has been a lack of clarity on budget, scope and timescale. In asking for a prospectus that is crystal clear on all those fronts, he is slightly crying for the moon, because, as anyone who has ever done anything in an old building knows, once you start you find that there are problems that you did not know existed. Saying, “We know this is going to cost £X billion and that’s the cash limit”, would be a rather unsatisfactory way of proceeding. We need to know what we want to achieve and the process for getting there, because everything else flows from that. That is what the current process seeks to achieve.

On cost, I completely agree that the original approach is unsustainable in the current climate. The original approach, which we saw in most detail in the plans for decanting your Lordships’ House, was almost on the basis that money was no object. It was terrific: in some of the options we would have had a roof terrace and all these wonderful things, and offices for everybody—far more than there are now. That was unaffordable then in reality, but it is doubly unaffordable now.

Counsellors of State Bill [HL]

Lord Newby Excerpts

Committee stage
Wednesday 23rd November 2022 Lords Chamber

[Lord Sentamu (CB)]

My Lords, I also apologise for not being here on Monday; I had to handle some serious matters in Berwick. Yes, the constitutional monarch has consulted, and this House considered this at Second Reading and agreed the terms as in the legislation. So there is no question of the supremacy of Parliament not being recognised. The suggestion of the noble Lord, Lord Berkeley, is almost like rubbing it in—it is just one of those words we would not want to use. We should restrict the Bill to what was asked of us. This was considered, and therefore the wording is there.

Another thing is that we can never predict anyone’s future. I could be ill tomorrow, or I could be dead, and that would be the end of me. Anticipating what may or may not happen in legislation is always pretty difficult, so leave it well alone.

[Lord Newby (LD)]

My Lords, I have considerable sympathy with the thoughts behind this amendment, because the debate has shown that there is a certain amount of confusion about which members of the body of Counsellors of State will undertake royal duties, do undertake royal duties or might be asked to do so. In addition to the Duke of Sussex and the Duke of York, Princess Beatrice—although I might be wrong about this—is also not a working royal. That means that three members of this extraordinarily small body will never be asked to perform the function, which just seems strange.

An amendment of this sort would enable matters to be clarified. There are a number of deficiencies in its drafting, some of which were raised by the noble Lord, Lord Pannick. It also raises in my mind the question of what would happen if we were to exclude two or three Counsellors of State. Who would replace them? Would they be replaced and, if so, on what basis? There is ambiguity. In an ideal world, this ambiguity would be dealt with by consideration of these matters.

For example, it is up to the King to decide which members of his family he considers working members of it. He decides who acts as a working member of the Royal Family, so I think we could get round all that. However, as we debated on Monday, once you start down this route, it takes quite a lot of time and effort to deal satisfactorily with all the wrinkles. Given everything else that lies before us, I am not sure it is a priority. However, one idea is that the work could be done on this to the extent that, at some point in the future, there may need to be another Counsellors of State Bill to include an additional person. It would be a good thing if this could be cleared up at the same time.

[Baroness Smith of Basildon (Lab)]

My Lords, listening to noble Lords talking about the definition of working royals, I sometimes think we ought to look at the definition of working Peers, over which similar anomalies arise. Monday’s significant debate made it clear that very few of us have considered this issue before. It is not something that we deal with every day. We debated the Bill at length but it is wrong to chastise those who want further debate. I would have thought, however, that His Royal Highness, the palace authorities and Parliament would have given considerable thought to whether the Bill would deal with the problems that may occur if there were not adequate members to fulfil the responsibilities of Counsellors of State.

I appreciate that my noble friend is not pressing his amendment to a vote; I think the House is quite anxious to see this legislation go to the other place and get on to the statute book. We quite like the idea of Bills that start in your Lordships’ House and then go to the other place, rather than the other way round. Therefore, we should send the Bill to the House of Commons, as it is now, unamended, as the noble Lords who proposed these amendments have suggested.

Counsellors of State Bill [HL]

Lord Newby Excerpts

2nd reading
Monday 21st November 2022 Lords Chamber

[Lord Newby (LD)]

My Lords, the British constitution is an extremely strange animal. The Bill shines a light into one of its darkest corners. How many of the general public know that there are such things as Counsellors of State? How many could name them? If they heard who they were, how many would think that this was a sensible current arrangement?

The noble Lord the Leader of the House helpfully said how many times the Counsellors of State have officiated in that role in recent decades, but I do not think he said what they did. I would find it extremely interesting to know what, in practice, it has been necessary for them to do. This will give us some sense of how they might be used in the future.

Obviously, I support the appointment of the Earl of Wessex and Princess Anne, both of whom clearly have the commitment and experience to do the job well. Indeed, both have done it in the past. They were on the bench and had what is normally the great ignominy of being dropped from the squad altogether. Now, at a rather more advanced age, they have been brought back to the squad and definitely strengthen it immeasurably.

The situation at the minute, given what the noble Lord, Lord True, said about only working royals being asked to fulfil the roles of Counsellors of State, is clearly extremely precarious and has been for some time. The last State Opening was performed by Prince Charles, now King Charles, with Prince William as the second Counsellor of State in attendance. Suppose, however, that Prince William had contracted Covid on the eve of the State Opening. There would still have been a requirement for two Counsellors of State. Instead of Prince William, the choice would have rested between Prince Andrew and Princess Beatrice. I do not think the country would have thought that an acceptable position to find ourselves in.

A number of noble Lords have suggested that we ought to have a root-and-branch look at who might be Counsellors of State. One can think of ways in which the situation could be easily improved—for example, inserting the word “working”, albeit with some appropriate definition, to cover those members of the Royal Family who would be eligible to be Counsellors of State.

Given the many other pressing issues facing the country, I suggest that we should not be spending a huge amount of time looking at this now, because what we have before us today is a perfectly good, reasonable and workable temporary measure—if quite a long-term one—to deal with the problems of the existing Counsellors of State. For today, I am very happy to support the Bill. It gets us out of a hole that, at some point, it would be a good idea to fill in.

COP 27

Lord Newby Excerpts

Tuesday 15th November 2022 Lords Chamber

[Baroness Smith of Basildon (Lab)]

Perhaps I will wait a moment for the House to settle as there does not seem to be as much interest in COP 27 as there was in the regency Bill.

My Lords, I welcome that the Prime Minister raised the case of Alaa Abd el-Fattah with the Egyptian President when he was at COP. The Leader of the House will be aware from my intervention last week how concerned we are for his welfare in your Lordships’ House. The news yesterday that Alaa is alive and, although he remains on hunger strike, is now drinking water, is to be welcomed. However, after being on hunger strike and not eating for so long, he is obviously weakened, and his family remain extremely concerned and desperate for Alaa’s release. Following that, and because the Prime Minister raised it at Sharm el-Sheikh, is the noble Lord able to tell us today what further action or representations the Government have made since that meeting? Has consular access now been granted?

Returning to the substance of COP 27, when I heard the Prime Minister’s Statement, I was struck by how optimistic and confident he appears on the issue. Perhaps this is why he initially felt it was not necessary for him to attend. I am all for being optimistic and the need to be hopeful about the future, but such a world-view needs to be rooted in reality. The Prime Minister admits in the Statement, as those who have read it will know, that:

“There is … a long way to go to limit global temperature rises to”


1.5 degrees centigrade, but he then praises the “historic Glasgow climate pact” for keeping “that goal within reach”. I must say that keeping a goal within reach does not sound like such a great commitment when the situation is so very serious. If it always remains just within reach, we will never get there.

The UN reports that the world is currently on course for a catastrophic 2.8 degrees centigrade rise in temperatures—almost double the recommendation—in part because the promises made in Glasgow were not met. In recent times, we have seen the consequences and human cost of climate change. Your Lordships will be aware of the floods, which were seen most recently in Pakistan, that leave death and destruction in their wake, and we have seen temperatures, particularly over the last summer, so hot that life and livelihoods are threatened. So often, those who are most affected are also the least able to prepare for, or cope with, the consequences.

In addition, the Russian invasion of Ukraine and the resulting war have shown just how crucial it is that we protect and enhance the security of our energy supply. Without that greater security, costs are going to rise even higher, and blackouts and power cuts remain a threat. In the Statement, the Prime Minister referred to the UK as a pioneer, as being “ambitious”, and as being a leader in the global war on climate change. There is an opportunity to be all those things, and pioneering such generational change, as we tackle the challenges of the climate emergency, could improve and transform our economy and energy resilience. So the Prime Minister’s assertion at COP 27 that we need to “act faster” on renewables is very welcome. However, given that assertion, can the Lord Privy Seal explain why, at the same time, Ministers were repeatedly ruling out onshore wind? On the one hand, the Prime Minister is saying that we are going to “act faster” on renewables and, on the other, Ministers are ruling out onshore wind—this does not make much sense. It is the quickest, cheapest and cleanest of renewables, but it is absent from the Government’s energy strategy. How does this match Mr Sunak’s speech at COP 27, or is it just that he was speaking to a different audience on a different day?

This is not just a matter of global responsibility; it is also a matter of seizing opportunities. Manufacturing and installing onshore wind could provide huge economic and energy boosts. Have the Government made any assessment—it is important that we get an answer on this specific point—of the number of quality green jobs that could be created by reversing government policy and embracing onshore wind? I hope that the Government have also been looking into what boost that could give the British economy in the longer term.

The noble Lord may be aware that my own party has committed to a genuinely world-leading plan for 100% clean power by 2030. That is ambitious, but in the same way as past generations were excited by, and embraced, new technologies for future prosperity, we must do the same. If we fail to invest in new technologies—for example, in green hydrogen, floating wind turbines, gigafactories, new nuclear, clean steel or tidal power—we will fail the next generation on every level. As we face the prospect of another austerity Budget, the Government could use this opportunity to boost green manufacturing. We have such a good record in this country on research, yet we continue to import the batteries—such as those for cars—that we should be manufacturing here in the UK. Can the Lord Privy Seal offer any hope or reassurance that the upcoming austerity Budget will include some long-term economic planning for investment in the technologies of the future and green growth?

Surely the Government have to up their game and bring in a more effective windfall tax on excess profits of oil companies that does what it says on the tin and not return 90p in every pound of investment in tax breaks. Our calculations have found that increasing the windfall tax as we originally proposed and extending it to 2027-28, eliminating that loophole for oil and gas companies, could bring in an extra £34 billion on top of the £28 billion currently expected by the Government. With cuts and tax rises expected this week, why do Ministers not pursue this course of action, which would help our finances and energy security and address our needs and our obligations on the climate emergency?

No one should deny that there is an emergency, and the Statement from the Prime Minister recognises that, but so far, although we have seen a recognition, we have not seen the ambition needed to make that step change towards green energy and green growth. We need to create that new clean industrial strategy for the future. Just saying that something is the case does not make it true. If the Government are serious about leading on this issue—and I hope they are—in planning for a green, clean and prosperous future, we need to see a Budget that not only understands that but lays the foundations to ensure that it happens.

[Lord Newby (LD)]

My Lords, more than anything else, the Statement demonstrates the value of the Prime Minister going to COP 27 at all. Leaving aside the business of the conference itself, the Prime Minister lauds the fact that his attendance enabled him to meet a raft of world leaders for the first time. Nine are mentioned specifically. It also enabled him to raise non-climate related issues, from the plight of Alaa Abd el-Fattah to the refugee crisis in the channel. Had he not been forced by external pressures to reverse his initial intention to ignore the conference altogether, these opportunities would have been missed. I hope that that the Prime Minister has learned the lesson that, to promote British interests internationally, he has to take every opportunity to meet his counterparts beyond sporadic, bilateral visits. Sadly, however, the fact that the Prime Minister went to COP 27 only under duress has undermined the UK’s reputation as a leader in the fight against climate change. The world simply does not think that the Prime Minister’s heart is in it.

On the substance of the conference, there have obviously been some positive developments, such as the new investment plan for cleaner energy in South Africa. But there are worrying suggestions that both India and China are trying to push back on the 1.5 degree target, claiming that it is unrealistic. Will the Prime Minister use the current G20 summit to press his counterparts in India and China to stick to their climate change commitments rather than reneging on them?

As for activity in the UK, the Statement is extremely complacent. The Prime Minister claims that the Government will

“accelerate our transition to renewables”

but, if this is the case, to echo the noble Baroness, why has he turned his back on the cheapest and cleanest form of renewable—namely, onshore wind? Why are the Government still supporting new oil and gas exploration in the North Sea, against the advice of the International Energy Agency?

The Prime Minister talks about “our green industrial revolution”, but the UK is lagging far behind France and Germany, for example, in investment in new technologies such as battery production and green hydrogen. This is not only bad for the environment but extremely bad for jobs, which, in the absence of our developing competitive facilities, will move offshore. We have already seen BMW’s decision to move electric Mini production to China. What assurance can the Government give car producers in the UK that they will be able to procure batteries manufactured in the UK, given the parlous financial state of the few battery production facilities now planned? The UK also lags behind the rest of Europe in its production of heat pumps, an essential component in driving down domestic energy consumption. Given that this has resulted in an acute shortage of heat pumps, what action are the Government planning to deal with this urgent problem?

The Prime Minister also talks about up to 500,000 high-skilled green jobs, but there is currently, according to PwC, a 41,000 green skills job gap. Where are the new workers going to come from, given the dire state of apprenticeships in green technologies, a lack of labour force planning and a lack of engagement with educational institutions? Do the Government understand that for companies to invest in and retain skilled staff, they need consistency in government policy, not least in respect of price and subsidy? Zig-zagging on policy in recent years has led many companies in, for example, the solar power sector, to lay off skilled workers because they have not had any certainty about their future operating environment.

The next major international conference on sustainability is the UN Conference on Biological Diversity, to be held next month in Montreal. Will the Minister tell us which senior UK Minister will be attending this crucial next step from COP 27? The Prime Minister managed to salvage some of his and the Government’s reputation by finally turning up at COP 27 but, both domestically and internationally, perceptions of the UK Government’s commitment to reaching net zero have been damaged and more action is now needed to prove the doubters wrong.