Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023

Debate between Lord Rooker and Baroness Jones of Moulsecoomb

Tuesday 13th June 2023 Lords Chamber

[Lord Rooker (Lab)]

My Lords, I do not propose to address the public order issues. It is a fairly simple issue, really. It is not the role, and can never be the role, of the unelected House to seek to have the last word. The last word on every issue belongs in the elected House. Sometimes, it is true, it has to wait a year, if the Parliament Act is used, but at the end of the day it has to be in a position of owning what it has passed, so that the electorate can take a view of what it has done. That is where the Government are formed, not here. It is a simple issue, really.

Our conventions have been tested and have been found wanting. I agree very much with the speech that we have just heard—I am a member of the Delegated Powers Committee—but that is not the issue. We have had case after case of the Government taking away powers from Parliament to give executive authority to Ministers. The House has debated this two or three times, but we have not done much about it so far. The simple issue is this: the elected House must own the decision.

I will upset a few people at the end of the evening; I am happy to vote for my noble friend’s amendment but if the fatal amendment is put then I intend to vote with the Government. I will not be in a position after the next election of allowing the then Opposition to claim, when issues arise, “You never voted against it”. I will have at least one name in the Lobby. This is not the first time this has happened; the noble Lord, Lord Strathclyde, voted in opposition against fatal amendments. We know that it has been reviewed, but maybe it is time to look again at our conventions. I think the last time they were reviewed properly was in 2006, by a Joint Committee chaired by my noble friend Lord Cunningham of Felling.

I will not get confused—I agreed with about two sentences of the speech from the noble Baroness, Lady Jones, on constitutional issues. She has spent all week on social media misleading the public about the powers in Parliament. The powers belong to the elected House. It must be in a position to have the last word on every issue.

[Baroness Jones of Moulsecoomb (GP)]

Can the noble Lord tell me how I misled anyone? I think it has been the Labour Party that has misled people.

[Lord Rooker (Lab)]

Anyone can look at what has been happening this week. It has been misleading. The fact is that we are in a democracy and we are an unelected House. Our job is very simple: we just ask the other place to look at things again and again. At the end of the day, it has to own the decision. How can it go to the public in a general election if there are decisions that it cannot own? That is our present system and no one has come up with a plan to change it at this time.

Economic Crime (Transparency and Enforcement) Bill

Debate between Lord Rooker and Baroness Jones of Moulsecoomb

Committee stage
Monday 14th March 2022 Lords Chamber

[Lord Rooker (Lab)]

My Lords, I had not intended to speak today. I came to learn and listen to the experts on areas I do not know much about. But listening to the noble Lords, Lord Cromwell and Lord Clement-Jones, I am reminded of an example. I know this would not be classed as money laundering, but the well-known spiv, Aaron Banks, was responsible for what is, I think, the biggest political donation in British history—I think it was £8 million—during the Brexit referendum period. When it came to investigation by the Electoral Commission, which had the responsibility for doing this, he was not an unwitting enabler. His conclusion was, “We’re cleverer than the regulator.” The Minister does not want to be faced with that during the passage of this Bill and its actions, so he would be very wise to accept the spirit of some of these amendments.

[Baroness Jones of Moulsecoomb (GP)]

I think it is obvious that the Minister will accept a lot of these amendments, because they are from people who are much cleverer than most of us in this Chamber.

I support most of the amendments—even all the government amendments, because they are quite helpful, particularly those that require the disclosure of whether any beneficial owners of property are subject to sanctions, and the strengthening of the criminal offences for false declarations. However, it is obvious from the speeches of other noble Lords that the Government are still falling short and that the Bill needs to be tougher. For example, Amendments 23, 24, 57 and 58 all need to be inserted into the Bill.

All beneficial interests should be registered, not just those acquired on or after 1 January 1999. That is a completely arbitrary date and should be removed. The Minister shakes his head; I guess he will argue that it is a very important date. I disagree.

This legislation is being rushed through as an emergency, but the Government are content to wait another year, following initial registration, before any changes in beneficial ownership take place. I cannot see the logic in that and I think most people will not either. It makes much more sense to update the register within 14 days of any changes.

Environment Bill

Debate between Lord Rooker and Baroness Jones of Moulsecoomb

Committee stage
Wednesday 30th June 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the noble Baroness, Lady Parminter, explained her Amendment 103 extremely well. I will speak to my Amendment 109. We have Euro 2020, Wimbledon, the cricket and the Environment Bill—how much better could it be for all of us? There is so much pleasure in such a short time.

My Amendment 109 would introduce a new clause into the Bill that is intended to address some extensive governance gaps in environmental law that have arisen because of the UK’s departure from the EU. Amendment 109 places an obligation on the Secretary of State to report to the office for environmental protection “any information” that was previously required to be reported to the European Commission relating to environmental law and its application. This could include, for example, requirements to report on ambient air quality and pollutant emissions or on the implementation of key fisheries rules, both of which were previously required to be reported to the European Commission but are now no longer required under UK law. These are two helpful examples but reporting requirements were removed through EU exit statutory instruments across the whole spectrum of environmental policy areas. Without such a replacement, there will inevitably be a reduction in transparency and accountability, both of which are crucial to the effective implementation of environmental legislation.

To ensure that the amendment does not place an unnecessary burden on either the Secretary of State or the office for environmental protection, the latter must review these reporting requirements

“no later than two years”

after the Environment Bill has passed into law. If the OEP determines that an existing

“reporting requirement is no longer necessary to contribute to environmental protection or the improvement of the natural environment, it must arrange for a report setting out its reasons to be ... laid before Parliament, and ... published.”

The Secretary of State is then obliged to

“lay before Parliament, and publish, a copy of the response”

to the report within three months.

Why is this amendment necessary? The reporting of information relating to environmental law is absolutely vital to ensure transparency and accountability in environmental policy-making and ensure that government and stakeholders can identify and address environmental impacts. Continuity over time in the information being recorded and reported can also help to reveal trends and increase transparency.

However, several requirements for the Secretary of State to report information to the European Commission in relation to environmental law have been lost because of the UK’s departure from the EU and the subsequent adoption of new statutory instruments. This poses a serious threat to the effective application of environmental law in the UK—because we all know that there are quite a lot of people who try to evade these particular laws—and the Government’s ability to achieve their stated aim and manifesto promise of leaving the environment in a better state than that in which it was found.

[Lord Rooker (Lab) [V]]

My Lords, I will be brief. I put my name down to speak on this group expressly to support Amendment 103—because, given our earlier debates on the office for environmental protection and its independence, I want to test the extreme limits of Defra’s control, if there are any. I would have thought that it is a given that Amendment 103 should be accepted. If it is not, that tells us something about Defra’s controlling nature regarding the work of the office for environmental protection. That is the only point that I want to make.

A subsidiary point is that I also support Amendment 114, and, later today, I will also speak to Amendment 114A, which is effectively a fallback position for the amendment in this group.

Domestic Abuse Bill

Debate between Lord Rooker and Baroness Jones of Moulsecoomb

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

[Lord Rooker (Lab) [V]]

My Lords, I too pay many congratulations to the noble Baroness, Lady Greengross. I mean this in the most polite way possible: during our time in opposition in the 1980s and 1990s, when I spoke on social services from the Front Bench—in other words, a long time ago—Sally was always there with helpful briefings. She has massive expertise and real hands-on experience of these issues.

I support both amendments in principle. I could quibble, as one or two others have done, about some of the detail, but they are both to be supported in principle, because this is an untapped area. In respect of Amendment 165’s provision for

“carrying out a financial assessment for adult social care”,

no one has yet mentioned that the person concerned—the older person—may well be the owner of the property. They may not be living in the property of their children or grandchildren. I can remember one occasion when a residential home in my former constituency was going to be closed. All the residents had to be assessed as to whether they might need nursing care, residential care or supported care. It was found that something like 10% of them could go off and live independently. What social services told me was: “We don’t know why they were there in the first place”. They had effectively been dumped by their families in order to get their hands on property.

All kinds of issues are involved here, not just, as some noble Lords have implied, the frustration due to the actual burden of caring. It would be quite valid if, where there is a suspicion, it is reported. The noble Baroness, Lady Meacher, talked about worries over being reported to social services or the police. The fact is that if there is good multi-agency working at local level, and the police were contacted first, you would expect them to say to social services, “Could you run the rule past this one?” In other words, it ought to be a multi-agency approach and it should not matter where the first contact is made. There ought to be a local procedure, and there should be no problem about worrying whether the police are contacted first.

As the noble Lord, Lord Randall, said, it will be interesting to hear the Minister’s explanation of why it works well, as one assumes, in Scotland and Wales and cannot work in England. I was amazed when I looked at the amendment originally, to be honest, by the implication that social workers did not have the power of entry, so I checked that. I understand the problems of PACE from my other activities and my interests in the food industry.

There is an issue where a professional has reasonable grounds for believing abuse may be taking place. First, it ought to be reported and secondly, if need be, access ought to be given. It seems quite simple: those two issues are not part and parcel of what goes on at present, and we require legislation to deal with it. If legislation is required to make the system work and protect older people from such abuse, then so be it.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I will be quick, partly because noble Lords have already said almost everything there is to say about this, but also because it seems so obvious. These quite simple amendments would bring us up to date with other Administrations and it seems sensible to accept them.

Statutory reporting is an important tool, which we do not make enough of at the moment. Domestic abuse, child sexual abuse and other hidden crimes often arouse at least some level of suspicion and we need what was called earlier “the professional curiosity” to kick in, so that perhaps more will be reported. Whether that suspicion is noted by a social worker, teacher, or bin man, it should trigger a process of reporting and investigation that could lead to survivors being supported and perpetrators facing justice. Far too many cases go unreported at the moment, because it is too easy to pigeon-hole these human tragedies as “not my job” or “above my pay grade”, or simply because people do not know where to turn.

Implementing statutory reporting will lead to every individual understanding their role in tackling domestic abuse and require the authorities to put the process in place to deliver. This could matter more and more with our aging population. This abuse could happen more frequently, so these provisions would be needed with increased frequency. I thank the noble Baroness, Lady Greengross, hugely for bringing these two amendments forward and look forward to returning to them on Report.

European Union (Withdrawal) Bill

Debate between Lord Rooker and Baroness Jones of Moulsecoomb

3rd reading (Hansard): House of Lords
Wednesday 16th May 2018 Lords Chamber

[Lord Rooker (Lab)]

My Lords, I wish to confirm exactly what the noble Lord, Lord Deben, just said about the Climate Change Act. I moved the Second Reading of that Bill in this House: it started in this House, not in the Commons. At the end of the day, it required that effort down in the Commons, referred to by the noble Lord, to make it an all-party operation. So it is an Act genuinely owned by Parliament.

I want to be brief. It is only since the Maastricht treaty that the ECJ has had the ability to levy fines on non-compliant states, a power that the UK thought to give to the court. It had the advantage of lifting the laggard member states, which benefits us all. And the UK fares well on the scorecard of cases won. We have the third highest success rate of any country now in the EU. Of 750 cases opened against the UK since 2003, 668 were resolved before reaching the court, but the number on the environment suggest that a new system of environmental enforcement might be needed after we leave to maintain standards.

Overall, 34 environmental cases brought before the court by the Commission against the UK actually went to judgment. Four were dismissed as inadmissible or unfounded. The 30 remaining cases resulted in a judgment against the UK, in whole or in part. I am talking only about environmental cases; these do not include cases on agriculture or fishing. In our 44 years of membership of the EU, there has been a roughly 60/40 split between Tories and Labour: both have been bad on the environment and have needed a kick up the backside. In the four years from 2007 to 2010, the UK was the fourth worst in infringements among the 28 member states. In the six years from 2011 to 2016, we were the ninth worst in infringements among the 28. So it requires an external push to get change.

I know from my experience at MAFF and Defra, and from being responsible for agriculture at the Northern Ireland Office, that actions taken to avoid fines are cheaper than paying the fines. Infraction by the EU, or the threat of infraction, has driven environmental policy in this country for 30 years on all the issues referred to by the noble Lord, Lord Krebs, whether it is clean beaches or better water quality. Without the threat of a fine, an ultimate sanction that cannot be levied by the Supreme Court in this country, no action would be taken. This, therefore, is a very modest proposal to try to protect against some of the pressures that necessarily come from the economy, the Treasury and business on the environment. Who speaks for the environment? We had better all speak for the environment —without it, we are all sunk.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support the amendment of the noble Lord, Lord Krebs. He laid it out extremely well, but I cannot resist adding to his comments. I say, first and foremost, that this has nothing to do with Brexit, nothing to do with exiting the EU; it is all about British institutions. Quite honestly, I take deep offence at the disgraceful contribution just now. I voted to leave; I very much want us to have a successful Brexit, but for me a successful Brexit is a green Brexit. It is also about the Government honouring their promises to move all European law over. In my view, this is the most important amendment that we have considered in the whole passage of the Bill. This House has the opportunity today to secure our world-class environmental protections that have come about through our membership of the EU.