Cultural and Community Distribution Deregulation Bill [HL]
Lord Phillips of Sudbury Excerpts(10 years, 10 months ago)
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Lord Clement-Jones
My Lords, up and down the country, local authorities, using powers granted by the Clean Neighbourhoods and Environment Act 2005, which amended the Environmental Protection Act 1990, have been restricting leafleting for cultural events, including performances at comedy clubs, theatres, music venues, art galleries and even village halls. Under powers introduced by the 2005 Act, local authorities can designate areas within which people must buy a licence if they want to hand out leaflets. The Act gives local authorities powers to designate land on which people require a licence to distribute free printed matter, makes it an offence to distribute leaflets on this land without obtaining the consent of the local authority, and permits the local authority to refuse consent or to give or limit consent, for example with reference to the time and place of distribution or the material distributed. It requires a person distributing leaflets to produce, on demand, written evidence of the local authority’s consent, and permits authorities to charge a fee for the issuing of licences.
A survey by the Manifesto Club, the organisation that first identified the issue, found that 27% of local authorities restrict leafleting, including Nottingham, Leicester, Brighton, Swindon, Wolverhampton, Oxford, Bournemouth, Newcastle, Middlesbrough, Manchester, Leeds, Derby, Doncaster, East Hertfordshire, Colchester, Basildon, North West Leicestershire, Sheffield, Rushmoor, Oldham, Kirklees, Birmingham and seven London councils. This means that leafleting restrictions cover the country’s key metropolitan centres and many smaller towns.
Licence fees are prohibitively expensive for small groups. In Basildon, a licence costs £150 for one day, £350 for a Saturday or Sunday and £800 for one week. Oldham charges £50 and Brent £55 per day. Wolverhampton charges £262 per distributor. Some boroughs, such as Hammersmith and Fulham, and Kensington and Chelsea, have a number of separate leafleting zones, each of which requires a separate licence. Hammersmith and Fulham charges £250 for each of its eight zones, so it costs £2,000 to leaflet freely throughout the borough. The Manifesto Club’s research found that these leafleting restrictions fall most heavily on grass-roots art and community events, including comedy clubs, theatres, music performances and art exhibitions. Larger-scale events have the option of more commercial advertising channels, and can afford leafleting licences if they so choose.
However, there is a paradox here. The Local Government Association, as recently as March, extolled the benefits of the contribution of the arts to local communities. Its press release stated:
“Arts investment can bring in £4 for every £1 spent ... From international festivals and museums that attract hundreds of thousands of visitors, to street entertainment revitalising high streets and theatres supporting young people to gain new skills, thriving arts create great destinations, vibrant places to live and have many valuable economic spin-offs. A theatre, museum or festival draws visitors who do not simply spend money on their ticket or entrance fee, but also buy meals in local restaurants, go to local shops, or perhaps stay in hotels as part of their visit. These people might never have visited that location without the pull of its cultural attractions. Businesses also choose to invest in places with a vibrant arts scene because they offer their employees a high quality of life”.
Quite contrary to this enlightened statement, leafleting licence rules have been catastrophic to grass-roots arts organisations, local theatres, jazz nights, comedy nights and arts shows in venues such as theatres, village halls, comedy clubs and small nightclubs, which rely on leafleting to build an audience but cannot afford the high licence fees. In Leicester, a one-off licence application fee is £103, on top of which an organisation must pay £26 per distributor per day. The Leicester Comedy Festival has 200 small comedy acts. It would cost an unaffordable £5,200 per day to allow them all to leaflet. These rules in effect mean that only the most commercial operations are able to freely leaflet in Leicester.
Oxford student societies were asked to pay £100 per month to hand out leaflets, as was the Oxford Jazz Festival. A flyer ban in Leicester Square, London, caused the collapse of several comedy nights and the reduction of many audiences from 75 to 25. A Newcastle jazz club owner said that leafleting restrictions reduced his audiences by 50%. The Sawbridgeworth Evening Women’s Institute was threatened with a fine for handing out leaflets about its annual art exhibition. It no longer leaflets for the event.
Leafleting licence schemes have had a widely recognised adverse effect on the music and arts scene in key British cities, reducing the grass-roots scene and limiting opportunities for emerging artists to win themselves an audience. Leafleting restrictions have had a severe effect on the music and experimental arts scenes in cities such as Leeds, Manchester, Nottingham and Brighton, and on the fringe comedy scene in Brighton and Leicester.
One unintended consequence of leafleting licence schemes has been the commercialisation of the leafleting of the arts scene. In Brighton, for example, the leafleting licence led to the decline of smaller, experimental music nights, and the growth of bigger mainstream club nights. Several comedy festivals, including those in Brighton and Leicester, now have a diminished number of fringe acts, because only those who can afford to take out brochure adverts or pay the leafleting fee are able to reach an audience. Perversely, the more commercial operations, which employ full-time leafleters, tend to leaflet more indiscriminately and create most litter.
Lord Phillips of Sudbury
I am sorry to interrupt my noble friend’s flow. If a number of small acts get together and put out a single leaflet, will they be charged separate licence fees or a single licence fee?
Lord Clement-Jones
If it is a single leaflet, the fee will be for a single licence, but these acts are small organisations with very different timings for their events during a festival, and they all have different audiences, so they want to put out their own material and find the target audience most appropriate to them.
As I said, commercial operations that employ full-time leafleters tend to leaflet more indiscriminately and create the most litter. Small groups leafleting on their own behalf will leaflet more selectively and responsibly and create very little litter. The leafleting licence scheme punishes the small events and organisations that leaflet most responsibly and cause minimal litter. McDonald’s can leaflet freely, but the local arts centre cannot.
The importance of flyering for grass-roots arts was summed up by David Mulholland, a comedian and promoter for the Soho Comedy Club. He said:
“Flyering is a life and death issue for small clubs that are just starting up. The birthplace of alternative comedy in the UK, the Comedy Store, started above a strip club in 1979 and relied heavily on flyerers to attract audiences until 1993. If flyering had been prohibited in 1979 there would be no alternative comedy scene in the UK”.
Supporters of the Bill have received testimonies from a variety of organisations, stating that leafleting is the primary way in which they can reach a local audience. They include folk music societies, theatre groups, chamber music and early music groups, church choirs, amateur orchestras, amateur dramatics societies, village halls, experimental DJs, unsigned bands who play in pubs, and small comedy clubs.
The Cultural and Community Distribution Deregulation Bill 2013 would exempt small-scale cultural and neighbourhood events from leafleting restrictions. It would reform the Environmental Protection Act 1990 to allow a greater exemption from leafleting restrictions for grass-roots arts and community events. Currently, leafleting for religious, political or charitable purposes is exempt from legislation. The Clean Neighbourhoods and Environment Act 2005 states:
“Nothing in this paragraph applies to the distribution of printed matter … by or on behalf of a charity within the meaning of the Charities Act 1993, where the printed matter relates to or is intended for the benefit of the charity”,
or,
“where the distribution is for political purposes or for the purposes of a religion or belief”.
This means that religious, charitable and political groups do not have to buy a leafleting licence. A wide exemption would avoid the unnecessary penalisation of the informal events that are so valuable to community life.
The Bill would introduce a further exemption that would exclude leafleting restrictions,
“where the distribution is for the purposes of an event which consists wholly or mainly of live entertainment and takes place in the presence of an audience of no more than 600 persons”.
Live entertainment is defined as arts and music events and other cultural, social or recreational events of a similar nature, so the exemption would cover arts, music and theatrical events, as well as local events, such as talks, shows, fetes or coffee mornings. This reform would be compatible with the current regulation on street advertising, which exempts events of this nature from regulations. The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 state that posters will have deemed consent and exemption from planning laws if they announce a local event of religious, educational, cultural, political, social or recreational character.
This reform of leafleting restrictions would recognise the value of local events and free up the arts and music scenes in key British cities from this unnecessary restraint. The strength of British comedy, music and the arts ultimately depends on the health of the grass roots, which allows new talent to emerge and win an audience. This reform would also recognise the importance of free speech in public places, a liberty that has existed for several hundred years in this country, embodied in our strong tradition of pamphleteers. Leafleting is a key civic freedom, with a long tradition in this country going back at least to the late 17th century, when the requirement for printers to be licensed was lifted, and should not be restricted without very good reason.
Problems with litter should be dealt with through the provision of litter bins and other common-sense measures, not by placing restrictions on our civil rights. Leaflets advertising cultural events, an important expression of our community activity, should not be treated in the same way as a burger wrapper or a crisp packet.
The campaign to change the law is supported by a great range of artists across the spectrum, comedians such as Al Murray and Simon Evans, the directors of the Oxford Jazz Festival, the Leicester Comedy Festival, Rick Wakeman and Radiohead’s manager, all of whom recognise the importance of the grass-roots scene to producing new talent. A whole host of organisations are in support, including Equity. The Musicians’ Union says that it has supported the campaign against leafleting bans from its inception and that it is vital to musicians that events where they perform can be advertised and promoted through unhindered and responsible leafleting.
UK Music, the organisation that represents the music industry in the UK, supports the Bill, as do the Association of Independent Festivals, the Association of British Orchestras and the Association of Festival Organisers, which says that this Bill is too modest. It says that the amendment to get free leafleting for up to 600 people works fantastically well for clubs and societies, small concerts and even fund-raising events, but does not do much for a festival that is trying to attract 2,000 people. If I thought that I would get support for going further than I have, I would have done.
The Concert Promoters Association supports the Bill, as does the Agents’ Association. The English Folk Dance and Song Society says that it fully supports the Bill and that a large majority of folk events are presented by amateur and community groups, as well as small folk clubs and local festivals, which are not in a position to pay their local authorities for permission to distribute leaflets about their activities. Their activities should be encouraged, as they bring people together and encourage community cohesion, and they should not be hampered or discouraged in their efforts. The International Association for the Study of Popular Music supports the Bill, as do the Stand Comedy Club and Jazz Services.
In conclusion, I have a few quotes from individuals, which I think are telling. Alison Honour, the head of the School of Arts at Oxford Brookes University says:
“I am writing in support of the campaign against leafleting bans. Arts organisations and artists of all disciplines rely on self-promotion in order to publicise their practice, whether it be exhibitions, performances or events. These activities contribute to communities’ coherence, well-being and positive engagement, and bring a cultural landscape often reaching out to the most remote places and spaces”.
Liam Gardiner Webber, a band and youth theatre member in Nottingham says:
“I’m a member of a small, unsigned band. If we were able to leaflet for our gigs, it would make a huge difference to the numbers who would come and see us. The lack of ability for small venues to leaflet has meant that, as a member of a band and youth orchestra, being able to expand the audience of either beyond family and friends is very difficult. Leafleting would allow for much greater presence for such activities and would in turn boost the culture side of the city”.
An independent promoter said:
“It has been difficult to promote small events, as it seems only the larger companies can afford such licences and therefore get more business, which does affect independent promoters”.
All this is powerful testimony and very powerful support for the Bill. There is no doubt that this legislative change would boost the arts and local economy at no significant cost to national or local government. Political, religious and charitable events are exempt from the need to buy a leafleting licence, which means that small cultural events are being unfairly penalised. It is unjust that the Church of England and political parties can leaflet for free but the village fete or local theatre group must pay. The grass-roots arts are fundamental to community life and the local economy as well as producing talent of international renown. The deregulation of entertainment licensing was, of course, of great benefit, but groups need to be able to promote themselves. Unless we act quickly, irreparable damage will be done to the grass roots across the UK.
I very much hope that the Government will heed these calls for reform and back the Bill. I beg to move.
Insurance: Flood Risk Areas
Lord Phillips of Sudbury Excerpts(10 years, 11 months ago)
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Lord De Mauley
On the noble Baroness’s specific question, it is one of a panoply of issues that need to be addressed. I will write to her further on that. She specifically mentioned London. London is a very important component of this. The Environment Agency has a plan to tackle the issue, called the Thames Estuary 2100 Plan. A key strength of the plan is its adaptability, which allows us to deploy different options to manage flood risk as new climate change guidance emerges.
Lord Phillips of Sudbury
What assumptions about global warming underlie the negotiations?
Oak Processionary Moth
Lord Phillips of Sudbury Excerpts(13 years ago)
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Lord Henley
My Lords, however many feet we have on the ground, I do not think it would be possible for any government agency to cover the entire country in terms of the number of oaks there are and the number of oak processionary moths that might be processing around the country. All I am saying is that that particular outbreak was discovered in the summer of 2006. The Government moved as quickly as they could, but obviously they could not get on top of it. They managed to get on top of the outbreaks in Leeds and Sheffield and we have found no more two years after the attempt to eradicate them.
Lord Phillips of Sudbury
My Lords, would my noble friend take note of very recent research which indicates that there is a green health element not just in oak woods but in all our hardwoods? They are uniquely beneficial to many people suffering from psychological and mental ill health. Might this not therefore be an urgent issue that should be addressed more specifically than may be the case at present?
Lord Henley
My Lords, that is another question, but I agree that trees are good for us. That is why we want, if possible, to eradicate or contain the oak processionary moth so that our oaks can flourish.
Public Bodies Bill [HL]
Lord Phillips of Sudbury Excerpts(13 years, 1 month ago)
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Lord Phillips of Sudbury
My Lords, I shall speak to Amendment 60B. I cannot resist following up the compliments of the noble Baroness, Lady Hayter, and the noble Lord, Lord Soley, but when I recall that my noble friend Lord Taylor comes from Holbeach, he is now known for ever in my mind as the “Lincolnshire poacher” because he is the man who took the wretched Schedule 7 right out of the Bill. I thank him for that.
My amendment is designed to try to make the addition to the Bill proposed by the noble Lord, Lord Taylor, a little more manageable for the user, if I can put it that way—and I am not thinking of the judges. My noble friend anticipated what I might say by giving the example of two pensions bodies for which he felt the proposal might be efficient but not economical. He studiously avoided referring to the other epithet to be found in his amendment: “effectiveness”. My claim is that “effectiveness” covers precisely the point that he is seeking to maintain.
I am concerned about the duplication created by the words “efficiency” and “economy”. Indeed, I looked up all three words in the dictionary, and “efficiency” is part of the meaning of “effectiveness”. Given that the law of the land is that Parliament does nothing in vain, I wonder whether we are not creating a problem in the repetitive nature of “efficiency, effectiveness and economy”. Instead of eliminating “efficiency”, I suppose I could have eliminated “economy”, but I feel strongly that this is a bit like saying of the Minister that he is strong and powerful and effective. Someone reading those attributes might say, “Well, it is the sheer muscle power that must rule the roost in that description of his virtues”. What concerns me a little is that the same sort of approach may be taken not by a court but by a Minister himself or herself: namely, that efficiency and economy are the overriding requirements. In fact, I believe that effectiveness is always the most important virtue of the three. Effectiveness surely goes to the achievement of the purposes to which the effectiveness relates. You can be as economical and efficient as you like, but effectiveness is key.
I shall not labour the point, but I would like the Minister to consider what I have said about the example that he gave and, if he can—here I challenge him—to come up with an instance in which the elimination at Third Reading of the word “efficiency” or, if he prefers, “economy”, would in any way encumber a Minister in what he or she has to do under this very important clause. I beg to move.
The Lord Speaker (Baroness Hayman)
It might be of assistance to the House if the noble Lord would choose whether to move his amendment at the appropriate point. At the moment we are still considering Amendment 60AA, moved by the noble Baroness, Lady Hayter, as an amendment to Amendment 60A.
Baroness Thomas of Winchester
My Lords, I hope that the noble Lord, Lord Hunt, will forgive me if I do not go down the path of discussing his amendment in detail, as I am the chair of the Delegated Powers and Regulatory Reform Committee. However, I will say that this group of amendments gives us the chance to discuss the wider issue of parliamentary scrutiny arrangements of orders made under the Bill.
The House should not try to pin down the Minister today on exactly how scrutiny under the Bill should be conducted, particularly as the other place has yet to consider the Bill. However, it is important to set out a few questions that should be asked at this stage. Under the Bill, every draft order has a 40-day period during which a committee of either House looks at it. This committee must report on the order within 30 days. Under the revised Bill, the committee can require an order to undergo a full, enhanced scrutiny procedure. At present, the Lords committee charged with looking at all orders coming before the House is the Merits of Statutory Instruments Committee, which has been spoken about a lot this afternoon. It may draw orders to the attention of the House either because they may be of interest or because they may imperfectly achieve the policy objective. The committee is already busy and meets nearly every week. The first question might be whether this is the right committee to look at orders made under the Bill, whether under the enhanced scrutiny procedure or not.
In the Delegated Powers Committee’s fifth, sixth and 11th reports, the enhanced scrutiny procedure on orders under the Bill was compared, as the noble Lord, Lord Hunt, said, to the super-affirmative procedure in the Legislative and Regulatory Reform Act 2006. As this is the nearest procedure to the one we are discussing, it may be worth restating that legislative reform orders come before the Delegated Powers Committee, but are significantly different in character from orders under the Bill. The two main differences are that the LRO procedure is not used for highly controversial matters, and that if a committee of either House recommends that no further proceedings are taken on a draft order, then proceedings are automatically stopped unless the House decides otherwise. The committee has looked at only 12 LROs since the 2006 Act.
However, the Bill is likely to generate a lot of work—and, at some point, an entirely new procedure. Therefore, it must be decided quite soon which committee should undertake the enhanced affirmative procedure if it is required. Although this will, of course, be a matter for the Procedure Committee and ultimately for the House, I believe it is worth thinking about now.
There are some fundamental questions to be asked about how a committee should carry out its work before either House decides on a suitable committee structure. Should it simply review the evidence taken during the consultation? Should it take evidence itself? That could be an expensive process. The only purpose in the Bill is, as we heard this afternoon, to improve the exercise of public functions, although it must have regard to the objectives of achieving increased efficiency, effectiveness and economy—the Minister’s triplet—and securing appropriate accountability to Ministers. Suppose the committee decides that the broad purpose of improving the exercise of public functions is not met, will the Minister think again? After all, he only has to have regard to a committee’s recommendations. Obviously the order will have to be passed by both Houses and there is always the possibility of it being voted down. That this House is reluctant to do this should not be taken for granted.
Turning very briefly to the procedure in the other place, the two Houses have different ways of looking at statutory instruments and different committee structures from each other. The only joint committee in this area is the Joint Committee on Statutory Instruments, which just looks at the vires of an instrument with the parent Act. Although a superficially attractive idea, a joint committee is very difficult to establish. I understand that this is too early for any hard-and-fast decisions on how orders made under this Bill are to be scrutinised by Parliament, but it is not too early for Parliament to be thinking hard about the implications of the proper scrutiny of the delegated powers in this Bill.
Lord Phillips of Sudbury
My Lords, my Amendment 69AA is the second amendment in this group. I think that there has been some inadvertent misgrouping in this complicated Bill and I suspect that this amendment would have appeared more happily in the first group of amendments, alongside government Amendment 69A. However, with your Lordships’ indulgence, and since I have no intention of putting this to the vote, I will proceed to seek to persuade the House that this small amendment would serve a large purpose.
In the first group of amendments, the Minister laid great stress on the fact that no order can be made unless there is an Explanatory Memorandum produced so that Parliament can judge what is going on with regard to the order. Earlier today, the Government got through this House with approbation Amendment 60A, which changes Clause 8 and introduces various specific qualities that must be met by any order before it can be enacted: effectiveness, efficiency, economy and securing appropriate accountability to Ministers. Those are quite expressly, by the provisions of Clause 11, to be included in the Explanatory Memorandum. Not included in the Explanatory Memorandum, but a fundamentally important aspect of the protections in this Bill, are the provisions of Clause 16(3). I will read it because it is quite short. It simply says:
“Provision made by an order under the preceding provisions of this Act must be proportionate to the reasons for the order”.
I do not think that anybody sitting here tonight will need convincing that proportionality is one of the most important pillars on which good legislation is built, but there is no reference to proportionality in the provisions of the Bill dealing with the Explanatory Memorandum.
That is still the case after the amendments have been read into Clause 11. Clause 11 as amended requires the explanatory document to introduce and give reasons for the order. The first of those in the earlier government amendment is that,
“the order serves the purpose in section 8(1)”.
There is no reference to Clause 16(3). In simple terms—I do not think that this is contentious; indeed, it seems to me to be an improvement in the Bill, whichever way one looks at it—I want a requirement that the Explanatory Memorandum must also include the Minister’s justifications in terms of proportionality for introducing the order, so that that can be considered along with efficiency, effectiveness, economy and accountability. Whichever way that plays out in the Bill as it will emerge tonight, I hope that my noble friend will accept the amendment in principle so that it can be brought back at Third Reading in the proper place.
Lord Neill of Bladen
My Lords, the noble Lord, Lord Adonis, expressed the view that there should be an opportunity for parliamentary review when the Minister has decided that the situation is one in which he wants to make an order. Imagine the situation; there has already been consultation with whoever are the proper people to be consulted and, in the light of that, the Minister has concluded that it would be appropriate to make an order. What we are contemplating now, under Amendment 69, is the fact that under the Bill the Minister has time to consider whether he will tell Parliament what he wishes to do, complying with the obligation of setting out an explanation of what he is up to and what the evidence tells him, or whether he will just not tell the Houses what his intentions are, if this is going to be embarrassing or if he does not have the time. That is a discretion that ought not to be conferred. If the consultation has led the Minister to a particular conclusion and he is about to make an order, it is entirely appropriate that we, as Parliament, retain the power to look at his reasons and form our own view about the matter.
Lord Phillips of Sudbury
Is the noble Lord suggesting that Clause 11(2), which requires an explanatory document to be produced to Parliament before the order is laid for consideration, is different from what he is suggesting?
Lord Neill of Bladen
No, my Lords. The word “must” is already in Clause 11(2), and attention has been drawn to that fact. There is no “must” in line 3 on that page, which is where there ought to be a requirement. That is what the amendment is dealing with.
Lord Mackay of Clashfern
My Lords, the point that is covered by “may” rather than “must” is that, in the light of the consultation, even if the Minister wants to make an order, he may well think it is right to do something else first; for example, have further consultations and make modified proposals before he proceeds with the order. That is why, in this context, the word “may” is often used when many of us might have thought it was going to happen anyway. That is the reason and I believe it is a good reason.
Lord Phillips of Sudbury
My Lords, I hate to disagree with a noble and learned friend and former Lord Chancellor, but I have to disagree with the noble and learned Lord, Lord Mackay. It is quite clear that this is posited on the basis that, having had the consultation, having considered all things, the Minister then considers it appropriate to proceed with the making of an order. That is perfectly clear. He is then en route to making an order. It then goes on to say,
“the Minister may lay before Parliament”,
but surely, once the Minister is committed to making an order, he must lay it before Parliament.
Lord Mackay of Clashfern
I am sorry to respond, because this is Report and it is the last thing I want to do, but it seems to me that the point is that it says, “make an order”, it does not mean to say that it is an order in anything like the form that is thought of so far. The consultation might well open up new possibilities altogether. The Minister wants to make an order, he wants to proceed, he may do it this way or he may do something else in the way of further consultation and then go ahead with an order different in substance from what he had proposed in the original consultation. That is the reason for it.
Public Bodies Bill [HL]
Lord Phillips of Sudbury Excerpts(13 years, 2 months ago)
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Lord Henley
Indeed, because the boundary moves. If the noble Lord remembers correctly, that legislation allowed the Scottish Government to have an interest in English matters relating to some rivers’ tributaries and vice versa. With England and Wales, the case is different. I do not know the answer to the noble Baroness’s question about the powers of the Welsh Assembly Government but I shall certainly write to her in due course.
In the intervening years since 1962, the British Waterways Board has done an excellent job in transforming what was a very run-down industrial transportation network, with its roots in the industrial revolution, into a hugely valuable environmental, heritage and leisure asset, but it is one which still—again, I am grateful to the noble Lords, Lord Bradshaw and Lord Greenway, for stressing this—also carries some freight, so it continues to have a commercial operation. Its network consists of some 2,200 miles of historic canals, rivers and docks, and it is visited by some 13 million people a year. Again, as I think noble Lords have made clear, it provides benefits that range from not just freight, which has been mentioned, but flood relief and sanctuary for wildlife, as well as its users, through to employment and recreational facilities for walkers and others.
The intention behind setting up a new waterways charity—and I am grateful to the noble Baroness, Lady Quin, for stressing that the previous Government were thinking of something along very similar lines—is to give waterways users and the communities alongside them greater involvement in how waterways are managed, thus contributing to their sustainability in the longer term. Moving the powers, functions and assets of British Waterways to civil society through the creation of what we would like to think of as a sort of national trust—a phrase used by the noble Lord, Lord Bradshaw—for the waterways will allow key stakeholders the opportunity to play a role in their governance and allow them to bring their expertise and passion to the organisation. Providing greater engagement by local communities will, we believe, lead to a range of enhanced public benefits, including green travel to work, health and well-being, support for inner cities and rural regeneration.
As I have mentioned governance, it is worth stressing that the consultation includes proposals for governance on the charitable company model. Subject to the passage of this Bill through Parliament, there will be further consultation on the draft order or orders—I cannot remember whether there is one or more than one—required to transfer the duties and functions of British Waterways to that organisation. However, in relation to the questions that the noble Baroness asked, following on from the speech of her noble friend Lord Hunt in relation to Clause 5, I hope she will await a response from my noble friend which, I am assured by him, will come before we get to Report stage.
There are obvious concerns over funding, particularly in the light of what has been, as we know, a very tight spending review settlement—and I will not say again why it has been so. British Waterways’ funding has seen a reduction in line with other bodies that are attached to Defra and to other parts of government. It is no greater because British Waterways is becoming a charity. We recognise, however, that the move to a charity will require a long-term contract for continued government support, and we have given a commitment to maintain levels in line with the spending review until 2022-23. That will obviously be subject to—
Lord Phillips of Sudbury
I am most grateful to my noble friend for giving way. Is the Minister quite sure that the ambition that the Government will have for this new charity can be assumed by it under charity law? Charity law is singularly unsympathetic to external control and direction.
Lord Henley
The noble Lord is somewhat more experienced in charity law than me, and I am going to be very careful when responding so as not to put my foot in it.
We believe that the charitable model—and this is, again, one of the reasons we will be consulting on governance—will be suitable and will operate in the right way. The Government are giving an assurance that they will continue to meet until 2022-23 the funding commitment I was stressing when my noble friend interrupted, and that is a commitment we can make. I very much hope that the charitable body that is created, after the appropriate decisions have been made and after the consultation, will meet the requirements that the noble Lord is addressing.
I hope I have given appropriate assurance to my noble friend. If I have not, I will write in greater detail in due course. I want to emphasise, however, that that spending review commitment is until 2022-23, which I understand is a pretty long time for any Government to commit to, but obviously it is subject to negotiation with the incoming trustees of the body when it is created.
In order to create a successful new waterways charity for the future, most of British Waterways’s existing statutory functions will need to be transferred to that new charity. For example, we would want British Waterways’ duty to keep the waterways in good repair to be transferred. That is why we had to list it in Schedule 5. It is a matter I imagine my noble friend will be able to deal with in the letter he has promised.
Having dealt with most of the concerns that have been put by noble Lords, may I just say a little about Amendment 99A that will be formally moved later on? This amendment disapplies the provision in Clause 21(2) to enable the transfer of the statutory functions of British Waterways and the Environment Agency to this new waterways charity.
Clause 21(2) provides an important legislative safeguard to prevent the transfer of functions to commercial companies or privatisation by the back door. This important safeguard, however, also prevents the transfer of the British Waterways and Environment Agency statutory functions and assets to civil society and, hence, the creation of a new waterways charity. This amendment will, therefore, enable the new waterways charity to receive important statutory regulatory functions, such as the power of entry on land to enable the carrying out of works on inland waterways for repair, maintenance, alteration, renewal or protection, that will be required for the safe and effective operation of the waterways. It will also enable the Government to deliver their vision for that national trust from 2015, with the transfer of the Environment Agency’s navigation functions into the new waterways charity after the next spending review.
The Government will fully consult on their proposals for the new waterways charity, as I have assured the Committee, over the next few weeks. That consultation will be supported by considerable stakeholder engagement. The Inland Waterways Advisory Council has indicated that it will respond to the consultation before it is wound down.
Finally, could I stress that it is a matter for the Scottish Government that they wish to maintain British Waterways across the border in its current form. One of the advantages of devolution is that different parts of the kingdom can behave differently; that is a matter for them. I reassure the noble Baroness that I will write to her about the Welsh Assembly Government and her concern whether they should or should not have these powers. I do not know whether they were a matter for the referendum that was completed some time ago.
I hope, with those assurances, the noble Lord, Lord Bradshaw, will feel able to withdraw his amendments.
Agriculture: Dairy Industry
Lord Phillips of Sudbury Excerpts(13 years, 3 months ago)
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Lord Henley
My Lords, I am not sure at the moment where the groceries code adjudicator will be sitting, but I can assure the noble Earl that he will sit somewhere where he can do the job that he will be asked to do as effectively as possible.
Lord Phillips of Sudbury
My Lords, will the Minister also look at the impact of predatory pricing on small, local convenience shops, which make a great contribution to their communities?
Lord Henley
My Lords, that is obviously a matter that ought to be looked at but I think everyone should welcome the fact that supermarkets deliver low prices not only for milk but for other matters as well. The consumer would welcome that.
Public Bodies Bill [HL]
Lord Phillips of Sudbury Excerpts(13 years, 4 months ago)
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Lord Phillips of Sudbury
My Lords, I support this amendment and have little to add to what the noble Lords, Lord Faulkner of Worcester and Lord Berkeley, have stated. The inland waterways of this country are one of its glories and, in the present age, the public resort to and benefit from the inland waterways can only increase. We as a Parliament have for too long done things which were well intentioned but which, in the event, proved to be counterproductive. One of the great problems of the present age is that the public are so confused about different bodies, particularly in the voluntary sphere, that a great deal of the good will and potential effect of a body such as the Inland Waterways Advisory Council can be inadvertently lost by chopping and changing. As all Members of the House will know, the inland waterways are covered by a wonderfully diverse mix of mainly charities—I am patron of the charity that looks after the River Stour, for example, but there are hundreds of them. To have a competent, known, well regarded advisory body taking a valuable overview and bringing together the often conflicting demands and interests of the individual charities with their different responsibilities seems indispensable. If that is right, then for mercy’s sake let us leave this body alone and not at some future date have to resurrect it with a loss of public identity and continuity in the mean time.
Lord Whitty
My Lords, I will pick up from where the noble Lord, Lord Phillips, has just left off. I have a past interest as a Waterways Minister, which is a fantastic job. I cannot remember if it is part of the portfolio of the noble Lord, Lord Henley, but if not, that is regrettable, because it provides a welcome relief from most of the rest of what one has to do. I also have a present interest as a member of the board of the Environment Agency. British Waterways is the dominant organisation for canals and the Environment Agency is the dominant organisation for rivers. An amendment recently tabled by the noble Lord, Lord Taylor, points the way that the Government are thinking of going in handing over British Waterways to a trust in the third sector and transferring the Environment Agency’s navigation and waterways responsibilities to that body.
I am, broadly speaking, subject to a few caveats, in favour of that sense of direction. Eighty to 90 per cent of British Waterways will probably be covered by that new organisation, which will make it a very dominant organisation. All the small navigation authorities to which the noble Lord, Lord Phillips, referred, supported by volunteers, charities and local efforts for relatively small stretches of canal and river, look to this body for technical advice and for a forum where they can sit and be treated equally with the representatives of British Waterways and the Environment Agency. They will be the people who will most miss out as a result of the abolition of this body. British Waterways, including the Environment Agency’s navigation aspects, will take care of itself, and the charitable status, I hope, will ensure that it does a good job for the public and the environment. However, the smaller navigation authorities need this body and we should seek to retain it for them, certainly for a significant period beyond any transformation of the status of British Waterways, as my noble friend Lord Berkeley suggested.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
My Lords, we will come to the final point made by the noble Lord, Lord Grantchester, when we get to Amendment 86. I offer my congratulations to the noble Lords, Lord Faulkner of Worcester and Lord Berkeley, on avoiding the whole wider question of the British Waterways Board, which we will deal with at that point.
The noble Lord, Lord Whitty, asked whether this was part of my brief. I can confirm by shaking my head that it is not part of my brief within the department. I will certainly discuss the matter with my honourable friend Mr Benyon. He might be prepared to take on dangerous dogs and in return I could have waterways. I could spend the weeks and months ahead cruising the waterways and avoiding this House until my noble friend the Chief Whip brings me back to reality. I make that point because it is important to remember, as other noble Lords have pointed out, the importance of the waterways and canals to all of us. Again, as I implied in my remark to the noble Lords, Lord Faulkner and Lord Berkeley, that is a wider question, which we will come to when we get to Amendment 86, which I do not suppose we will reach tonight.
We are debating not the British Waterways Board but the Inland Waterways Advisory Council. I want to make it clear that, after careful consideration, the department, the Government and Ministers have decided that they no longer need a statutory arm’s-length body to help to develop policy for the inland waterways. Although the Inland Waterways Advisory Council has provided very useful input, policy development is rightly the role of government departments and Ministers working closely with delivery bodies and stakeholder representatives, including such bodies as the Association of Inland Navigation Authorities, as mentioned by my noble friend Lord Phillips and the noble Lord, Lord Whitty. We will continue to develop closer working relationships with all waterways interests. That will enable Ministers to benefit from more direct and tailored input into policy development.
Our proposal to move the British Waterways Board into civil society in April 2012 will also mean that, for the future, the Government will no longer need an organisation to provide advice on policy development. The Government and navigation authorities need to engage with stakeholders directly in the design, implementation and management of the new structure. The Government’s decision has been discussed with the chairman of the Inland Waterways Advisory Council and individual members of that authority have been notified.
That decision does not indicate that we will place any less emphasis on the importance of inland waterways. Indeed, the department will be more directly involved as it seeks to place inland waterways on a more sustainable footing through our work towards moving the British Waterways Board from being a public corporation, as has been mentioned, to a new charity in civil society. As I said, we will discuss that when we come to Amendment 86. For that reason, we do not think it necessary to continue to have the Inland Waterways Advisory Council. Noble Lords asked in simple terms how long it would stay around. We will consider precisely how long we need to keep the body in place when we have the results of the consultation on the British Waterways Board, which will be under way fairly soon.
Lord Phillips of Sudbury
I do not understand. Did my noble friend say that after the British Waterways Board is made an independent charity the Government would not need to have a policy in relation to inland waterways? If I have that wrong and the Government will still need a policy in relation to inland waterways—and it seems to me that they will—I still do not see what is wrong with this body as the conduit for that.
Lord Henley
The Government will always need to have a policy on these and a great deal of other matters, but policy should be a matter for the department, Ministers and the Government and not for a body such as this. Therefore, we do not see that it is necessary in the future. I cannot give a precise time as to when this body will disappear. That will be part of the wider consultation on the British Waterways Board and what we propose to create there. That, as I said, is something that we will discuss on a later amendment. With that explanation of our intentions, I hope that the noble Lord, Lord Faulkner, will feel able to withdraw his amendment.
Viscount Falkland
I rise to support the noble Baroness on her interesting probing amendment. Over the years, I have spoken several times about libraries, particularly during the previous Conservative Administration when there was some concern that local authorities were not supporting libraries as they needed to be supported to react to changes in demand, new technologies and so on. Libraries are as useful as they ever were. The demands placed on them may be different, but with an ageing society even those who are now young may turn to books when they get old.
I have a bad habit of reading a book and keeping one eye on the television to see whether there is anything on the breakfast programme that might be interesting. This morning, I caught an interview with a man who has just written a book about having been unjustly imprisoned for some time. He was asked by the interviewer how he dealt with spending so much time in solitary confinement in the United States. Without hesitation he said, “By books”. Books are more than just information. There are people who say that books will not exist long after you are dead because books will be replaced by new electronic technologies, which have already had quite an impact. Such people are missing the point about books and particularly their usefulness to those who are poor, deprived or lonely—whom we find, I am afraid, in increasing numbers.
Local authorities often do not have the budgets to pay too much attention to the demand for libraries. I do not know—and in her interesting speech the noble Baroness did not mention—what the Advisory Council on Libraries does, but I take her point. When libraries in London, for example, decide whether to order new books, have more talking books or invite people to discussions and that kind of thing, what kind of advice do they get from the advisory council? I take her point that advice of some kind is obviously needed. Taking an overall view, as one would expect of a council of that kind, and seeing the changes in population, their needs and the budgets available, the advisory council may be able to spot things that make libraries better places.
When I have visited libraries in America, I have been impressed that there is almost always a cafeteria, which brightens them up. There are always bright colours and the impression of innovation, which goes apace with changes in the population. I support the concerns of the noble Baroness and am interested to hear how the Government view libraries and whether they agree with the idea—with which I disagree—that libraries have a limited lifespan. Do they agree that books are not only information but also therapeutic things to handle, whether they be history, biography or fiction? A lot of people ignore the fact that a book is paper that has wonderful print on it; there is the quality of the cover and all kinds of things. Particularly for people living through a stage in their life when they are lonely, depressed and poor, a book is a wonderful thing.
Lord Phillips of Sudbury
If the Advisory Council on Libraries is allowed to continue, it may be about to have its finest hour. I suspect that my local authority, Suffolk County Council, will be the same as many councils in having to shed a great many of its libraries on to charitable bodies that have yet to be formed. If ever there was to be a time when the advisory council came into its own with knobs on, it is surely in this important transition. Could the Minister say a little about that?
Lord McKenzie of Luton
It is with a degree of trepidation that I rise to speak on issues of libraries, particularly with my noble friend Lord Evans of Temple Guiting sitting on the Front Bench. He is of course far more knowledgeable than I am and has been engaged in this subject for a long time. I put the Opposition’s position on this in relation to local government, where it has a big impact.
Like so many things we have discussed under Clause 1, there is here the potential demise of something without any clear indication of what will go in its place. This is especially bad for libraries given their vulnerability at the moment, and we know that local government has been subject to huge cuts. We can argue the macroeconomics of that but, even within the Government’s framework, the front-end loading and the degree of cuts focused on local government are profound and give huge challenges.
To my regret, I do not use libraries much these days because of Front-Bench duties. A lot of the Minister’s time will be eaten up by quite turgid policy documents and we miss the chance of reading that we might previously have had. Yet my local council, Luton, is striving hard to preserve library services. My mother-in-law, who is 91, thrives on the mobile service. You can see her light up when they come with the delivery of, I think, eight books at a time. She is surrounded by books; they are an important part of her life. If that were at risk it would be a problem.
The noble Lord, Lord Phillips, said that this organisation should have its finest hour at a time when libraries across the country are more vulnerable than they have been for many years. I was surprised by the extent to which there is still library provision in the UK. I think there are more library branches in the UK than branches of McDonalds or Boots. Apparently, 10 times more people visit libraries than go to football league matches. That is really encouraging and something we should cherish. It is not just about reading. There are something like 300 million visits to public libraries each year. Those visits play a significant role in driving up literacy rates, increasing the number of people adopting healthier lifestyles, raising skills levels of all ages, providing diversionary activity to reduce crime, building bridges in the community to aid cohesion, reduce radicalisation and improve integration, engaging people in local democracy and getting more people to vote.
We fear that the coalition cuts to libraries mean that an estimated 6,000 people—a quarter of librarians according to the Chartered Institute of Library and Information Professionals—will lose their jobs in upcoming years. That would prove an incredible indictment of what this Government is about. Plans to replace professional librarians with volunteers may protect some libraries but will inevitably jeopardise the quality of services. The effects of the cuts being faced are expected to be felt across the country, with North Yorkshire reducing 42 libraries to 18 over four years, Leeds axing 20 small libraries, and Cornwall, Brent, Lewisham, Hammersmith and Fulham, Richmond, Barnsley and Warrington also planning closures.
I ask the Minister whether the Government believe that untrained volunteers are any substitute for the services of professional librarians. What assessment have they made of the impact of library closures and reduced library services on efforts to improve adult literacy? How will the Government ensure that library closures and cuts to library services will not adversely affect those people who do not have access to the internet—the very poorest in our society? It is a route to that technology for many. Do the Government still believe that libraries are a vital lifeline for families with children, as well as elderly and vulnerable people? Have they assessed the likely impact of cuts to library services on those members of our communities?
I am conscious that we have conflated the cuts that local authorities face and the challenges that that brings with particular references to the Library Advisory Council, but losing the council at this time has very severe implications. I ask the Minister to comment on what would replace it, and what role that replacement would take in encouraging working with local government, given the challenges faced with the cuts that are being imposed.
Higher Education (Basic Amount) (England) Regulations 2010
Lord Phillips of Sudbury Excerpts(13 years, 5 months ago)
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Lord Pearson of Rannoch
My Lords, I will speak briefly in support of these regulations. I do so after spending 10 years validating the polytechnic sector on the Council for National Academic Awards. My experience is unusual; I am a non-academic who spent 10 years close to higher education. That experience leads me to suggest that if the Government's plans result in the closure of a large number of courses in the humanities departments of the former polytechnics—in particular teacher training courses—that would be a considerable achievement. It would save a lot of money that could be channelled to serious courses, and it would stop the short-changing of many thousands of students who attend humanities courses and find themselves ill equipped for the world of work, or indeed for making any useful contribution to wider society. The students themselves will be the best judges of the courses and will not enrol on those that they consider to be a waste of their time—indeed, perhaps even a waste of their lives.
I also congratulate the Secretary of State, Michael Gove, on his attempts substantially to raise the quality of teacher training. I believe that these regulations will do much to help him to achieve that.
Beyond that, and finally, I believe that these regulations will start to create something which has been sadly missing in our system of higher education—a system of quality control. I know that there is a system of quality assurance but that is not at all the same thing. The quality control brought in by these regulations will be manned by the students with the teeth to make it effective, and I cannot think of anyone better to do it. Therefore, I support the regulations.
Lord Triesman
I shall be brief. If I made points at length before, I apologise but I thought them important. I certainly do not apologise for the links that I have had with former Ministers responsible for education. That was always part of the consultative process. In those days I always thought that they were welcome, as I welcomed the opportunity as well. As a consequence they will make no difference at all to my Christmas card list. In those conversations we always agreed that one of the most cherished things about universities was their autonomy. It is certainly true that because some of the money that goes to universities flows through the Exchequer it was always the case that they were emanations in that sense, unless you can move it off the books, which is the cunning mechanism that is being described this time.
Of course they are fully and proudly autonomous organisations. Has there been change and reassessment on this side of the House? I hope so. There were always reasons for thinking about whether the proposals that we made were the right ones, and if you lose an election—and we did—it is essential that you think again about what you proposed, to consider whether it was most appropriate. I have no doubt that that has been the case for every party that has lost elections, including the previous one—including the Liberal Democrats, who lost that one as well.
I want to make only one or two specific comments. I thank everyone who has taken part in the debate, because it has been illuminating for me. I promise you, I could not do justice to what has been said; I would speak for too long and that would probably meet with your disapproval.
First, I say to the noble Baroness, Lady Sharp, that I am not chiding anyone about using the right. It was plain that the right to vote or speak against such a proposal was put into primary legislation for good reason. That is not chiding: I welcome it, I applaud it, and those who pushed it were right to push it.
Secondly, I say to the noble Lord, Lord Ashdown, that I read documents and understand that students will not be repaying while they are at university. I hope that everyone in the House will do each other the credit of believing that they have read and understood the fundamental documents, without patronising one another.
Lord Phillips of Sudbury
I should declare an interest as chancellor of the University of Essex, of which the noble Lord is a distinguished graduate. He says that he has read all the relevant documents. Has he read the document issued yesterday by Universities UK, which is the umbrella body for all the universities in the United Kingdom? It states that, the cuts having been decided on,
“we recognise that the government's proposals are the best option in the current circumstances, and in many respects are more progressive than the current arrangements … Universities UK urges the House of Lords to support the raising of the tuition fee cap”.
Lord Triesman
My Lords, I suspect that the noble Lord, Lord Phillips, knows perfectly well that I have read it. Not only have I read it but I understand what motivates it. If the ship is going down, you get in the lifeboat. That is a simple matter. You do not quarrel about the painted colour of the lifeboat; you get in the lifeboat.