Voter Registration: Students

Debate between Lord Phillips of Sudbury and Lord Wallace of Saltaire

Wednesday 11th February 2015 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the Government are doing a great deal. We have provided an additional £14 million over the last 18 months precisely to deal with help in those areas. Most of that has gone to EROs in local authorities, with the largest proportion going to those in areas with a substantial number of students. We have also just funded a number of groups, many of which work with young people and disadvantaged groups, to assist in this process.

[Lord Phillips of Sudbury (LD)]

My Lords, does my noble friend the Minister agree that it sends at best a very weak message to young would-be voters if we do not equip them while at school to take their place as citizens in a highly complex society? Will he do something about the steady decline in citizenship education?

[Lord Wallace of Saltaire]

My Lords, that is a different question. However, as the noble Lord knows, I strongly support that and have worked to support it in government. I point out that young people are increasingly online. One of the things that government and local authorities are doing is to provide links to registration when you go into GOV.UK. For example, we have links for those inquiring about student jobs or paying tax, those looking for higher education courses who need to find and apply, those looking for tenancy deposit protection, a careers helpline for teenagers and so on to make registering to vote easier and to nudge people into thinking about it.

Iran: Ghoncheh Ghavami

Debate between Lord Phillips of Sudbury and Lord Wallace of Saltaire

Thursday 4th December 2014 Lords Chamber

[Lord Wallace of Saltaire]

When the noble Lord mentioned an orange box, I thought we were getting into Mosaic dimensions. Of course, we thank him for his contribution.

[Lord Phillips of Sudbury (LD)]

My Lords, does my noble friend accept that it is a delicate business to seek to interfere with the judicial and legal process of another country? However deplorable we know it to be, the law of Iran is the law of Iran. We must therefore act delicately, let us say, in seeking to assist this young woman.

[Lord Wallace of Saltaire]

My Lords, we are certainly acting delicately. We all understand the delicacy of raising human rights issues with other countries. However, the human rights situation in Iran is dire. The periodic universal review of the Iranian position on human rights by the Human Rights Council, which is now under way, has raised a number of serious issues. Her Majesty’s Government contributed to raising those issues and we look forward cautiously to Iran’s response at the next meeting of the Human Rights Council in March 2015.

Electoral Fraud

Debate between Lord Phillips of Sudbury and Lord Wallace of Saltaire

Tuesday 1st April 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, postal vote fraud has always been there. I am old enough to remember constituencies in which representatives of at least one party would go round old people’s homes and fill in the ballot papers with the matron. I will not name which parties might have been engaged in that. That is not new. Postal vote fraud is a problem with which we are all concerned. That is why postal vote identifiers have now been tightened up.

[Lord Phillips of Sudbury (LD)]

My Lords, having correctly pointed out the appallingly low turnout for elections and, on top of that, the appalling low registration figures, does my noble friend accept that a major contributor to that parlous state of affairs is that so many young people feel outside the tent, so to speak, vis-à-vis politics, which is complex, and that people need some sort of education before they leave their schools? Will the Government do something about that?

[Lord Wallace of Saltaire]

My Lords, the noble Lord, Lord Tomlinson, has a Question on exactly that to be debated next week, which I look forward to answering. I must say that during the transition to individual electoral registration, the level of registration that we have so far achieved has been much higher than some of us originally worried might be the case.

Charity Commission

Debate between Lord Phillips of Sudbury and Lord Wallace of Saltaire

Thursday 27th February 2014 Grand Committee

[Lord Wallace of Saltaire (LD)]

My Lords, I welcome this debate. Given how important the charities sector is for the country, holding regular debates on aspects of charities law and charities regulation seems to be one role that the second Chamber might usefully consider as particularly valuable for itself. These are immensely complex issues, as we all know. We have inherited charities law as developed over the past 400 years, and it continues to adapt. I have spent some time looking at public benefit issues and think I am persuaded that if we were to define “public benefit” now, in statute form, we would find ourselves having even more legal cases about the edges of public benefit. I am therefore persuaded that allowing it to evolve through case law is very important, in particular, for those elements of charities which are concerned with religion. For the first 300 years of charities law, it was almost entirely concerned with charities associated with the Church of England or, after some time, with a number of non-conformist churches. That eventually included a small number of Jewish charities and, as we all know, it now extends over a much wider area, in which the questions of what religion and belief are have come to be very much part of where we all are.

I will take on the question of the Preston Down Trust case, which went before the tribunal. One of the things I think I have learnt is that using the charities tribunal, which was intended to save money and time, has now become a very expensive legal activity. It was felt more useful therefore to negotiate. We have negotiated an agreement which will be reviewed after a year and we will see where we are then. The noble Baroness is well aware of the intensive lobbying that there was on both sides, including by a number of MPs from within her own party—not always, I think, necessarily wisely. However, this is now in train, it will be continued, and a review will take place.

To come back to where my noble friend Lady Barker started, this is an important sector which has a gross income of £61 billion, although I suspect that contains a certain amount of double counting because some charities give money to other charities. It includes more than 160,000 different charities, although 1,000 are the most important and account for the largest amount of spending. As the noble Lord, Lord Borwick, said, the sector has become much more professional, and in certain ways some of the larger charities have become a good deal more ruthless, which is part of what I discovered in the extensive consultation I had with large charities over the transparency of lobbying Bill. It is a much more professional sector than it was. Reading through the evidence given to the PAC and others shows that the Charity Commission has been going through a change of culture from one in which you automatically assume that almost everyone in this sector is full of good will and altruism and that the role of the Charity Commission is to be helpful and offer advice, to one in which we recognise that a small number of charities, whether small or large, test the limits or are involved in actual fraud, and that the Charity Commission has therefore got to be a less trusting regulator. Questions have been raised by a number of noble Lords about whether it can do that and whether its resources are too small. Reading through the various reports and the evidence given, it is quite clear to me that if the new Charity Commission board and chief executive can make a strong and positive case for additional resources, the Government will look at it very carefully. Whether some element of charging for larger charities becomes part of that larger package may be for a further debate on another occasion, but we recognise that resources are now extremely stretched and that the clear regulation we need requires to be strengthened.

Digital transition is an important part of this, as the noble Baroness said. The Government have provided a further £500,000 of capital spending to the Charity Commission to assist in moving towards an easier digital openness strategy. As a trustee of a couple of musical education charities, I agree strongly with the noble Baroness that simple provision in digital form of accounts, declaration of public benefit and all the things that one needs to do, as well as advice to trustees, is exactly what one needs. When I went around the Charity Commission’s website last week looking for a simple definition of public benefit, it was not as easy to find as I had hoped and expected, so there are improvements to be made.

[Lord Phillips of Sudbury]

I reassure the Minister that he has not been deficient in his trawl of the website: it is just that there is no simple definition of public benefit. It is intrinsically complex.

[Lord Wallace of Saltaire]

That is one of the reasons why charity lawyers can make such a good living.

The Cup Trust, into which I have looked in detail, was raised. As has been said, clearly that was fundamentally a tax avoidance scheme. The Charity Commission decided that it could not take up the case. I am assured that HMRC has not paid out any money on the tax avoidance scheme. It issued guidance about such schemes at an early stage in the process and is now resisting paying the gift aid refunds that the scheme was set up to gain.

On the transparency of lobbying Act, I disagree with the noble Lord, Lord Borwick, on a number of issues, but I also disagree with the noble Baroness, Lady Hayter. I have learned a great deal about the shift in a number of big charities towards campaigning, but campaigning has always been part of what charities have done. One of the most impressive discussions I had was with the dementia trust, which has managed by campaigning to raise public awareness of the importance of the issue—to raise the quality of understanding of an extremely important public issue. That is entirely legitimate and desirable in the public debate. The idea that charities should not have a campaigning dimension is something that I hope we all accept is not appropriate. Let me reassure the right reverend Prelate that the Act in no way affects hustings in the run-up to the 2015 election. A great deal of exaggerated concern was put out during the passage of the then Bill about what it might do. If you read CC9—I must have read it 15 times in the last year—it is entirely clear that it is not affected by that Act, and that churches will continue in their extremely valuable role in public education in this respect.

I hope that I have now answered a number of the issues raised. Why not charge charities? The question is out in the open. Needless to say, charities do not respond with much enthusiasm to that suggestion. The Government are looking at the question of how we provide the resources needed for regulation. I have also discussed public benefit. We all have a concept of public benefit. Happily, no one today has mentioned public schools—that is out there as well. Public benefit can be provided in a range of different ways. Case by case, you look at the sort of public benefit being provided, but it has to be public. The noble Baroness will know that, in religious cases, those religious bodies that do not open some of their facilities to a broader public and do not provide wider benefit to a broader public are therefore not accepted as charities.

On the question of executive remuneration, the noble Lord, Lord Borwick, said that he regretted that the new chairman of the Charity Commission had offered some criticism. Charities are in the public sector and in the public view, so they need the respect of their members and people who give money. During the consultation on the transparency of lobbying Bill, I remember being told by representatives of a large charity that it is important that the charity should maintain its reputation because the people who give small sums of money need to know that it has that reputation. That is part of the reason why charities need to be aware of the dangers of becoming overly professional and corporate. Some of our big charities have edged a little far in that direction.

On the question of co-regulation, raised by the noble Lord, Lord Best, the Charity Commission now has a clear partnership strategy and works with a number of partners. Incidentally, we are aware of the question of accepted charities and how to move towards a different situation with them without swamping the Charity Commission.

The question of a charities ombudsman has also been discussed. The Government are not yet convinced that the case has been made. The Charity Commission does its best to respond to queries from charities. Part of the reason why the Charity Commission has been swamped in recent years is because many charities throw a lot of queries for advice at it which get in the way of its compliance activity.

I hope that I have answered most of the points raised. I encourage the noble Baroness and other noble Lords to return to this question regularly. This is a large and important part of our social fabric and economy, and we need to be sure that it continues to command the confidence and respect of the public, politicians, government and financial accountants.

Electoral Registration: National Voter Registration Day

Debate between Lord Phillips of Sudbury and Lord Wallace of Saltaire

Tuesday 4th February 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, that is a huge question which engages—or should engage—all of us in political parties and beyond. We recognise that alienation, of the younger generation in particular, from conventional politics is a problem which has developed over the last 25 years or more and it will take 25 years or more to reverse that trend. It will take a whole host of initiatives including, I suggest, some changes in our constitutional arrangements.

[Lord Phillips of Sudbury (LD)]

My Lords, in light of the regime coming into effect in September, what will my noble friend the Minister do vis-à-vis free schools and academies, which do not have to teach citizenship at all? What will the Government do about the decline in teacher training in citizenship and the take-up of citizenship exams, given that this flies in the face of the ambitions of all of us that young people should vote?

[Lord Wallace of Saltaire]

My Lords, we are very conscious of the problems of teaching citizenship in schools. According to the School Workforce Census, in January 2012 there were nearly 9,000 citizenship teachers in publicly funded schools in England and Wales. I am going to duck the question of how far the national curriculum should be extended to free schools and academies.

Electoral Registration

Debate between Lord Phillips of Sudbury and Lord Wallace of Saltaire

Wednesday 22nd January 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I remind the House that it was the previous Government who started the move to individual electoral registration. I also remind the House that the number of people registered has been going down for the past 10 years or more. Research shows that the largest single reason for declining registration is a decline in interest in politics more generally, followed by a more mobile population and the greater difficulties we now have with canvassing. We all share an interest in raising the level of popular interest in politics and making sure that the turnout in the next election is not low.

[Lord Phillips of Sudbury (LD)]

My Lords, on the point that my noble friend has just made about creating an interest in and understanding of politics, will he please ensure that citizenship education of young people in schools is increased? At the moment, that is declining rapidly and it seems wholly counterproductive to his last remark that that should be so.

[Lord Wallace of Saltaire]

My Lords, I entirely take the noble Lord’s point. Next week my right honourable friend Greg Clark will announce partnership arrangements with a number of voluntary organisations to encourage young people to register and take a greater interest in politics.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Lord Phillips of Sudbury and Lord Wallace of Saltaire

Tuesday 22nd October 2013 Lords Chamber

[Lord Wallace of Saltaire]

I hesitate to go into a definition of politics as the noble Lord, Lord Norton, will immediately correct me. The promotion of particular policies, particularly broad policy areas, is a natural and accepted part of what charities and faith bodies do. That is a normal part of civil society. Part of my puzzlement, in listening to one or two of the speeches tonight, is that civil society is itself broader than the charitable sector. There are campaigning bodies in civil society which are not, and should not be, charities. Charities promote particular ideas, developments and social objectives which are also unavoidably political objectives, but they are not necessarily partisan objectives. That again is the line that we need to draw. I note that the noble and right reverend Lord, Lord Harries, said that charities are already unhappy about PPERA. Having looked at it, there are a number of difficult questions that we need—

[Lord Phillips of Sudbury]

It might be beneficial for all of us if the Minister and his advisers were to say how far the Charity Commission guidelines fall short of what the Bill is intending to do. If there is no significant air between the two, we might all need to know that.

[Lord Wallace of Saltaire]

I accept—and have also had it said to me in the Corridors—that we need to make sure that the guidance from the Electoral Commission, the Charity Commission and the Government are all in very close harmony. That is another area that we are, of course, now looking at.

The time is late. I will come very briefly to Part 3. Again, I recognise what has been said powerfully by a number of noble Lords here with trade union experience. We will come back to this in Committee, so I will say simply that unions are a major and extremely valuable aspect of our economy and our society. They have changed through a number of amalgamations over recent years and the Government consider the question of how accurate the membership lists of major unions are—we are talking about unions with 1 million or more members—is an appropriate point to be regulated. However, I take all the points—

Electoral Register: Young People

Debate between Lord Phillips of Sudbury and Lord Wallace of Saltaire

Thursday 17th January 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I understand that that question is under active consideration.

[Lord Phillips of Sudbury]

My Lords, is my noble friend, having twice rightly mentioned the importance of citizenship education, aware that it is currently part of the core curriculum but on present reckoning will be taken out? Is that not lunatic in light of the declining democratic adhesion of so many young people?

[Lord Wallace of Saltaire]

My Lords, my understanding is that we have not yet entirely decided the full spread of the core national curriculum. Of course, not everything that schools do is part of the national curriculum, as the head teachers explained to me on Friday afternoon. There is a whole range of other activities, including visits to local courts, the local council and the whole business of self-government within the sixth form. That is part of a broader citizenship curriculum, which is the sort of thing that good secondary schools should do.

Draft House of Lords Reform Bill

Debate between Lord Phillips of Sudbury and Lord Wallace of Saltaire

Tuesday 1st May 2012 Lords Chamber

[Lord Wallace of Saltaire]

I thank the noble Lord for his reminder that an issue that we need to take into account as we consider this is the balance not just between this House and the Commons but between government and Parliament, and that reform of this House should contribute to redressing the balance of power between the Executive and the legislature as a whole.

When we debate the Queen’s Speech, we will again discuss constitutional reform. If the Government produce a Bill on this, I hope that noble Lords will place this piece of the jigsaw of constitutional reform in the wider pattern of popular disengagement from politics and distrust of politicians. We need to look very carefully at the evidence. We need to consider the appropriate balance between representative democracy and direct, popular democracy before we slip perhaps a little too far down the road towards direct democracy. We need to have a concern to rebuild popular trust in our political institutions. Quiet, calm deliberation should be the way in which we seek to disentangle the knot of this highly tangled issue.

We heard some remarkably apocalyptic speeches in this debate, and even threats to wreck the rest of the Government’s legislative programme in order to prevent reform progressing. However, we serve in this House by appointment and by the privilege that that gives us—not by right. The way in which we discuss the future of the House will reflect, for good or ill, on our reputation. We will return to the subject—I hope a little more dispassionately—again and probably again.

[Lord Phillips of Sudbury]

The Minister quite rightly made trust a major theme of his speech. Does he not consider that part of the decline in public trust in Parliament has a great deal to do with the excessive regimentation in the other place, where in the past 15 years Members voted against a government resolution only six times, while here we did it nearly 600 times? Is that not a crucial difference that will be lost if this place is wholly elected?

Big Society

Debate between Lord Phillips of Sudbury and Lord Wallace of Saltaire

Wednesday 2nd November 2011 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, I thank the noble Lord, Lord Ponsonby of Shulbrede, for instituting this debate. In the limited time that I have, I would just like to endorse the point, which was made very forcefully by the noble Baroness, Lady Seccombe, and others, that local justice is the essence of the work of justices of the peace. I have the greatest conceivable regard for the magistracy system, which has served this country for nearly 800 years, stands high in the reputation of the public, delivers the most extraordinary service, and itself is a demonstration of volunteerism that all recognise.

However, the centralisation of the Courts Service has brought about serious drawbacks both to the public and to the magistracy. It is no longer justice of the people, by the people and for the people. The non-reporting now of cases because they are no longer within the purview of the local newspaper has been a disaster for the greater punishment of someone being held up to local ignominy as a result of a local offence. That is almost gone from the town I live in. Indeed, every one of the four courts in which I spent most of my first five years in the law—Sudbury, Long Melford, Boxford and Hadleigh—closed, and justice is no longer accessible, geographically or psychologically. I realise that this is more a problem of rural than of urban areas, but I ask that the Government take on board what has been said in this debate and at least stop further court closures and expensive centralised court systems and go back, wherever they can, to the dual or triple use of buildings, which rendered the expense of magistrates’ courts absolutely minimal.

I have two other quick points to make.

[Lord Wallace of Saltaire]

My Lords, we are very short of time in this debate.

[Lord Phillips of Sudbury]

I was told that I have four minutes but will take less time if I can.

My first point is that unless the public understand the role of the magistracy, the magistracy will not be able to do its work as effectively as it has in the past. I fear that young people today do not by and large understand, largely because of the centralisation of courts, the role of JPs and the work that they do. I hope, therefore, that my noble friend Lord McNally will take back to Mr Gove, his colleague in the other place, the importance of maintaining citizenship education as a compulsory component of secondary education, because that is one upholder of knowledge about magistracy and magistrates’ courts.

My second point relates to the magistrates’ courts mock trial competitions that are currently being run by the Citizenship Foundation—I speak here as its founder and still president—and the Magistrates’ Association. More than 400 schools and 6,000 pupils are involved. It is a massively important element of the education of the public about the magistrates’ courts system, but it is in danger because of the withdrawal of funding.

I will say no more because I am getting serious looks from the Front Bench.

Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2011

Debate between Lord Phillips of Sudbury and Lord Wallace of Saltaire

Tuesday 5th July 2011 Grand Committee

[Lord Wallace of Saltaire]

I think so.

[Lord Phillips of Sudbury]

There was a cock-up in prior legislation that led to the need for the second of these statutory instruments to confirm that sixth-form college corporations should have exempt status re-conferred on them. There is no question or doubt that their exempt status was removed from them unintentionally. I commend whoever wrote the helpful Explanatory Memorandum on the delicate language employed therein. It explains:

“Sixth form colleges which are charities had their exempt status removed by the ASCL Act. It is unclear whether this was intentional”.

Wonderfully clear it was not. I make this point not to make fun of those who were party to the error. The parties most responsible for it were in this place, because it is we who churn out, day in and day out, tidal waves of primary and secondary legislation. It is we who fail to scrutinise adequately that tidal wave, and it is we, therefore, who did not see when the ASCL Bill was introduced that by an unintentional side wind these sixth-form college corporations were deprived of their valuable exempt status. It seems as though they have been in a sort of ghostly limbo until now, but at least we are putting them out of their misery.

I wanted to raise this issue because it is not often that such a blatant example of the weight of interlocking legislation is clearly shown to be false in its outcomes. I put it to the Committee that charity law has become barbaric. Happily, when I started practising law, nine times out of 10, such matters would never darken the doors of a lawyer’s office, but those days are long gone. We are, even in these instruments, creating another web in which to catch the unwary, forcing the prudential into seeking expensive advice and generally making the voluntary sector a victim of our excessive endeavours.

European Union Bill

Debate between Lord Phillips of Sudbury and Lord Wallace of Saltaire

Tuesday 5th April 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, perhaps I might interject that I was discussing with one of my Conservative colleagues the other week the question of Britain’s position in the world. He said that we should stop talking about decline and talk about adjustment, to which I replied that, having just had my 70th birthday, I am entering a period of adjustment.

[Lord Phillips of Sudbury]

My Lords, I start from a position of being strongly in favour of this country of ours remaining part of Europe. I think that it would be a disaster were we to come out. However, from what I have heard on this amendment, I believe that the Committee may underestimate the widespread scepticism in the country. Secondly, although I do not like saying it, there is a widespread scepticism about the ability and willingness of Parliament to protect what it views as its interests vis-à-vis the European Union. I have heard several Peers refer to trust in us and the need therefore not to have referenda or, if we have them, for them not to be binding or for us to insist on at least 40 per cent of the electorate turning out.

I speak as one who founded a charity, of which I am still president, called the Citizenship Foundation. We work with over half the state schools in the country and have done for over 20 years. We have worked assiduously to try to staunch the lack of adhesion to the European ideal among young people. For example, we put out the only guide to Maastricht that was readable and accessible to ordinary folk. For my own part, I have to say that there is a severe lack of trust in Parliament in this country among a great number of our fellow citizens. They look at the House of Commons and see, night after night, week after week and month after month, votes determined not by the honest opinions of the MPs who sit there but by the party Whips, who drive the MPs through like sheep. You may say that in this House the party Whips have too much power, but at least there is a Cross-Bench element that is totally independent, while all of us sitting here tonight would say that we will not be driven beyond a certain point.

If we have referenda and then we—not Parliament as a whole but each House of Parliament—say to the people of this country, “It doesn't matter what you decide, old folks. We will have the right after you have voted to say whether the vote should stand”, what can the people of this country possibly think about that arrangement? How can that salve the mistrust? How can it shore up public support for the European Union, which I suspect most of us in this House want to see? It cannot, in my view. I concede that I have unease about the scale and number of referenda that there might be, although the good and noble Lord, Lord Howell, said that they would be very few and that they would be clustered. However, if we are to entrust the people of this country with referenda, the worst of all worlds seems to me to be that they should be held on a basis where we can dispense with the outcome in either House.

Despite the fact that any of the parties in this country can get behind a referendum on either side of the debate as they choose, we will in effect be having a second bite at the cherry. Should we then say to the people of this country, “If 40 per cent of you do not go to the polls, we again have the right to dispense with the whole business”? We vote constantly in this House without having a 40 per cent threshold. It counts. Countless numbers of local elections do not reach a 40 per cent turnout. They count. Yet we have the temerity to try to impose these two conditions. For my money, that would be the worst of all worlds.

Israel and Palestine: Deportations

Debate between Lord Phillips of Sudbury and Lord Wallace of Saltaire

Thursday 4th November 2010 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, is the Minister of my mind in thinking that it is difficult to reconcile the existential threat, as the noble Baroness just called it, that Israel fears with a continued policy of rampant colonisation of the West Bank, which is not just illegal but is as provocative of extremism within Palestine and the Middle East as it conceivably could be?

[Lord Wallace of Saltaire]

Perhaps I might say that in previous Questions the noble Baroness, Lady Tonge, has suggested that 62 per cent of the West Bank is now controlled by settlements. The noble Lord, Lord Pannick, has suggested that the figure is actually 5 per cent. The Government’s best estimate, based on local NGOs, is that some 42 per cent of the West Bank is currently controlled by Israeli settlements.