National Identity Cards
Debate between Lord Scriven and Baroness Williams of Trafford(7 years, 8 months ago)
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Baroness Williams of Trafford
The identity card was a tackle-all type of card. The Government are now trying to be far more robust at identity assurance from a problem-solving perspective rather than seeking a particular solution.
Lord Scriven (LD)
My Lords, have not reports suggested that the way to deal with terrorism on these shores is through targeted, intelligence-led police operations rather than mass surveillance?
Police National Database: Facial Images
Debate between Lord Scriven and Baroness Williams of Trafford(7 years, 9 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, legislation gives police the power to take and store facial images from arrested persons. There has been no successful legal challenge to the retention of images on the PND on data protection grounds, but the Government acknowledge that there are privacy issues. The custody images review has now been published and makes recommendations for improvements to the retention regime.
Lord Scriven (LD)
I thank the Minister for that Answer. She will know that the review published last week into the 19 million images held on the police national database was in response to a High Court case of 2012 that found that treating the images of convicted and non-convicted individuals the same was unlawful. How do the new rules in the review make it lawful when it states that the images both of convicted and non-convicted individuals can be stored and used on the police national database for 10 years?
Baroness Williams of Trafford
My Lords, there is a presumption of deletion in certain categories—certainly for the under-18s, for those not convicted, as the noble Lord said, and for people who have been convicted of a non-recordable offence. These can all request that their images be deleted, but there are exceptions which I think are reasonable—if there is a substantive reason to believe that someone is linked to terrorism, if they are dangerous or if they are linked to organised crime. Otherwise, there is now an arrangement whereby people can request deletion.
Asylum: Sexual Orientation
Debate between Lord Scriven and Baroness Williams of Trafford(7 years, 11 months ago)
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Lord Scriven
To ask Her Majesty’s Government how many people claiming asylum in the last year did so on the grounds of sexual orientation or gender identity; and of those, how many have been granted asylum.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the Home Office does not publish statistics on the basis of asylum claims or the decisions arising from them. This is true for claims relating to gender and sexual identity. The Home Office is considering how data from its casework database may be assured and used to provide such information to a sufficiently accurate standard.
Lord Scriven (LD)
My Lords, I thank the Minister for that Answer, but those who sit on the Home Office strategic engagement group, set up after the Vine report in June 2014, will be surprised by it. At the last meeting, in September of this year, a senior civil servant said that the only reason that the statistics have not yet been published is because they are waiting for authority from the Minister. Which is wrong: the Answer from the Dispatch Box or the civil servant, who says that they will be published with the authority of the Minister?
Baroness Williams of Trafford
My Lords, I am not that Minister. However, I can say that the Home Office collects information that records whether a claim is based on sexual orientation, and it is likely to correlate with the claimant’s sexual orientation, although an individual may have an asylum claim that is quite distinct from their sexual orientation. The data are management information only—I can assure the noble Lord of that—and they do not form part of our published statistics because they have not been quality assured to a sufficient standard.
National Identity Cards
Debate between Lord Scriven and Baroness Williams of Trafford(8 years ago)
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Baroness Williams of Trafford
My Lords, I would congratulate the noble Lord on introducing the identity card—but the Government do not agree with them and his identity card is probably invalid by now. I cannot help but repeat that we have passports. In fact, our passports now, particularly the e-passports, where facial identity can be cross-referenced with the actual document, are an improvement on what we had before.
Lord Scriven (LD)
My Lords, can the Minister name one country anywhere in the world whose citizens have identity cards or a number equating to their identity and has fewer problems with regard to benefit fraud, immigration or terrorism? Is there anywhere across the world were these problems have been completely eradicated on the basis of the demands of those who want to see this form of identification?
Planning: Trees
Debate between Lord Scriven and Baroness Williams of Trafford
Lord Scriven
To ask Her Majesty’s Government whether they have any plans to amend the Town and Country Planning Act 1990 Part VIII, in particular in relation to trees.
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)
My Lords, the Government have no plans to amend Part VIII of the Town and Country Planning Act 1990.
Lord Scriven (LD)
In light of the Answer from the Minister, will she agree to meet me and a few people from the city of Sheffield who are fighting the felling of 18,000 trees by the city council? They feel both powerless and not listened to and have some suggestions about how communities could have a bigger voice and more power in trying to save tree-lined streets from what has been dubbed in Sheffield the “chainsaw massacre” of trees.
Baroness Williams of Trafford
My Lords, I would have thought that that was a matter of highway trees rather than coming under the Town and Country Planning Act that the noble Lord refers to. I also understand that the Streets Ahead initiative, which perhaps he is talking about, was implemented under his administration.
Cities and Local Government Devolution Bill [HL]
Debate between Lord Scriven and Baroness Williams of Trafford
Lord Scriven
If, for example, my own area of Sheffield decides to go for this with a mayor and it is then not deemed to be as successful as some of the proponents want, and the public and the politicians in that area wish to move away from the mayoral model, what would be the procedure to do that—to prove that it was not an imposition, that actually it was a deal, it was voluntary and could be withdrawn from by both the public and the politicians of that area?
Baroness Williams of Trafford
My Lords, if a local area agreed a process with government and it was done through a parliamentary process, that local area would then have to go back to Parliament in some way and say that the local electors did not wish to have this any more. I am not going to stand here and prescribe a particular set of circumstances in which a particular area may not wish what it had agreed with government to continue to be the case. Having agreed it through a parliamentary process, it would have to go back through that parliamentary process and explain why the local electors no longer wished for it to be the case.
The noble Baroness, Lady Janke, talked about predetermined grants in envelopes. As I say, I have spent the entire Bill demonstrating that this is not the case. Nothing is predetermined. That has caused confusion in some ways in that there has been constant pushback on me to prescribe, and we are not prescribing. I hope that with these explanations the noble Lord will feel able to withdraw his amendment.
Lord Scriven
Before the Minister sits down, can I just ask one question? Is it not the case that any advice that is given, which is written down or in an email, can be requested under freedom of information legislation? What is the difference between that and debate being curtailed by allowing the public to hear the advice being given? They can request it anyway through a freedom of information request.
Baroness Williams of Trafford
My Lords, there is an informal process for discussions and there is a formal process. If something was written down in an email, it would, barring some restrictions on access to information, be disclosable under a freedom of information request.
Cities and Local Government Devolution Bill [HL]
Debate between Lord Scriven and Baroness Williams of Trafford
Baroness Williams of Trafford
My Lords, there is a partnership board. Who you would actually sue on that board I do not know. It might be the chairman. I imagine that the ultimate accountable person, who you would actually sue, is the board itself because it is jointly responsible for the decision-making. It is a partnership board.
Lord Scriven (LD)
In a previous life I have been both a senior NHS manager and a leader of a council. This is as clear as mud. If, for example, the partnership board decided it wanted to reconfigure local healthcare and a hospital was to be closed, who would be held responsible ultimately by the public for that decision? Would the Secretary of State ultimately be able to stop that decision? Coming back to what the noble Lord, Lord Hunt, said, where would specialised commissioning fit in? It would not be a national standard, but would what the Minister calls the health partnership be able to move away from decisions made by NHS England on specialised commissioning? If it did, who would be able to overturn that decision? Who would be able to ask for a review of that decision, and to whom?
Baroness Williams of Trafford
My Lords, I can confirm that the accountable body is the partnership board.
Baroness Williams of Trafford
My Lords, as I understand it, it is the partnership board. I cannot add any more to this. As I understand it, the accountable body is the partnership board.
Lord Scriven
Is the partnership board a statutory body or a corporate board in law, or is it just a partnership?
Baroness Williams of Trafford
I would imagine it is a statutory body. May I confirm that, because I am not entirely certain? I will confirm that either during this debate or after the dinner break on subsequent amendments.
Cities and Local Government Devolution Bill [HL]
Debate between Lord Scriven and Baroness Williams of Trafford
Lord Scriven (LD)
My Lords, I am pleased to put my name to this amendment and I thank my noble friend Lord Teverson for outlining the reason why it is necessary. On the face of it, it would not seem necessary to have such an amendment, apart from the announcement made last week with regard to major transport infrastructure and electrification of all the rails in the north of England. Let us assume that we have this new system of decentralisation or devolution, and a number of combined authorities and mayors are making significant investments in their areas with regard to the environment and the economy, having been promised that major infrastructure will be invested in to make their rail system faster and the major cities of the north connected, and to help economic activity and to speed up the way in which commuters and other people can travel.
Let us further assume that, with no consultation or prior warning, the Government pull that major investment, or pause it or kick it into the long grass—whatever phrase is used. For several years, combined authorities and mayors might have been making strategic investments about the location of economic zones or other infrastructure that fits on to the railways in which the Government said that they would invest. That is why the provision needs to be in the Bill. The Minister said that such things would of course be discussed and a requirement did not need to be written into the Bill, but we now have a real case in which dozens of leaders in the north of England have not been consulted about a major change in government infrastructure funding.
We have gone from the northern powerhouse to the northern power cut in the blink of an eye. We are talking about devolution and decentralisation in which significant responsibilities and money for transport will be handed down to local areas, and strategic decisions will be made not in a vacuum but in relation to national government infrastructure. Local areas will be not only consulted but seen as equal partners so that their investments and plans are taken into consideration when the Government invest; and so that the Government keep local areas informed truthfully, openly and honestly about decisions on infrastructure, whether roads, rail, ports or aviation. This is not a made-up scenario; it is a real scenario that happened last week. It is important that it is written into the Bill that areas that have devolved powers should be consulted or warned about government transport infrastructure decisions, and that the area’s ideas are fed into the national plan.
I am happy to support the amendment and I ask the Minister to accept it. Last week shows exactly why the amendment needs to be in the Bill. We need to enable not just the Government but combined authorities, which will be making significant decisions about their local transport systems, to make strategic decisions.
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)
My Lords, I will respond first to the point made by the noble Lord, Lord Scriven. I will talk later about the Northern Hub and my perspective on it, having worked on it some years ago.
The amendment is not necessary because existing legislation already enables the Secretary of State to confer by order transport functions on a combined authority. In such circumstances, a combined authority with strategic responsibilities is able to make representations about decisions that are likely to impact on its area and how it exercises those transport functions should it decide to do so. On the point about combined authorities being consulted, I can confirm that, wherever appropriate, the Government would expect to consult all local authorities, not just combined authorities, on new infrastructure in their area, whether that be transport or otherwise.
However, the Government must have discretion to take decisions about the future and prioritisation of national assets across the country, some of which—for instance rails and roads, to which the noble Lord, Lord Beecham, referred—run through many local authority areas. Of course we would expect to engage with local areas on the impact of such changes. One of the advantages a combined authority brings is that it enables the Government to focus their engagement on issues such as transport with a single body that can represent its constituent authorities on strategic responsibilities across a wider area.
Baroness Williams of Trafford
I cannot confirm that those local authorities had any inkling—there is no one from Manchester or Leeds here this evening—but, as I tried to say earlier, the Northern Hub, as a project, is well under way. This aspect of it has been paused—not stopped—and I fully expect it to continue.
Lord Scriven
The purpose of the amendment is not to say that it has not altered. Let me give a practical example. If a local authority, LEP or combined authority agreed with a multinational investor a decision about the placing of a factory or economic unit and then out of the blue, without any consultation or pre-warning, this major transport electrification on which the investment is predicated was postponed, what would that look like to the international investor? How do the combined authority and the mayor respond? The whole purpose of this Bill is for the mayor to have some form of accountability and authority to deliver on the powers that are handed down or in partnership with national bodies.
The amendment does not ask for them to override. It says that if something like this happens, it is in the Bill that the Government, as a matter of courtesy and of strategic planning with that combined authority and mayor, will pre-warn and discuss some strategic changes that may be made so that they can reassure people who are either investing there, or there already, rather than being left startled and unable to answer the significant questions that investors will be asking.
Baroness Williams of Trafford
I take the noble Lord’s point that if an international investor was reliant upon the fact that the Government had made an announcement about something and then a mayor or combined authority proceeded in that way, it would be very difficult. I have just been passed a note about the Transport Secretary, who gave evidence to the Transport Select Committee in March. He was at that point raising concerns about the cost and the programme delays on the TransPennine link and First Great Western. Transport Ministers answer questions on rail issues all the time. Uncertainty is a natural part of a huge programme; I think that all noble Lords would accept that. The timetable is subject to continuous review as plans develop and the Transport Minister has set out his plan for addressing, not scrapping, the situation. I hope that that comforts the noble Lord.
Cities and Local Government Devolution Bill [HL]
Debate between Lord Scriven and Baroness Williams of Trafford
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)
My Lords, I thank all noble Lords who have made various points on these amendments. Amendment 14 was also touched upon, so I will touch upon it but not delve too deeply into it, because we will discuss it later on.
Amendment 3 would insert a new clause into the Bill for the devolution of powers to combined authorities, enable the Secretary of State to refuse to make such an order if he considers that specified criteria are not met, and prevent the Secretary of State requiring a combined authority to elect a mayor. Amendments 9 and 10 seek to require that the Secretary of State must be satisfied that the local government electors of the area of the proposed or existing combined authority have been consulted by the appropriate authorities on the area’s proposal to adopt a devolution deal with a mayor.
While we certainly share the aim of devolving powers to combined authorities, it is neither necessary nor appropriate to include these provisions in the Bill. The provisions in subsections (1) and (2) of the proposed new clause are broadly consistent with Clauses 5 and 6, but there are critical differences. First, the proposed new clause provides for “any functions” to be conferred on a combined authority. Our policy is certainly to devolve wide-ranging functions, and indeed the Bill provides for any functions of a public authority to be conferred on a combined authority. However, I suspect that to have simply “any functions” is too broad.
Secondly, subsection (3) of the proposed new clause is not necessary. The Secretary of State always has a judgment as to whether or not to make an order. More importantly, specifying criteria in this way risks creating a tick-box exercise. It does not reflect the context in which the provisions of the Bill will be used: that is, to implement bespoke devolution deals agreed with areas.
On each of the criteria specified, subsection (3)(a) of the proposed new clause would require the Secretary of State to consider that the democratic accountability is strong enough to support the devolution of powers. This is clearly important, and it will be an important part of the consideration by the Secretary of State when negotiating and agreeing devolution deals with individual areas, and when considering laying a draft order. Clearly, Parliament will consider the issue very carefully when deciding whether to approve the draft order. For example, a central part of the Greater Manchester devolution agreement is a reformed governance system. The agreement stated clearly:
“Strengthened governance is an essential pre-requisite to any further devolution of powers to any city region”.
At this point I pay tribute to the noble Lord, Lord Smith, whose work on this over years has got us to the point where we are, as well as the work done by the noble Lord, Lord Adonis, and of course my noble friend Lord Heseltine—although the noble Lord, Lord Smith, steered this so beautifully through Greater Manchester. He is absolutely right; it was not because we were of the same party. We worked together as different parties. There was a period when the AGMA, as it was then, was hung, but largely we have worked together for the betterment of the city, which is why we got the trams; my noble friend Lord Heseltine saw that there was leadership in Greater Manchester.
However, to get back to these amendments, it would be wrong to present the considerations as a box that needed to be ticked. Subsection (3)(b) of the proposed new clause would require the Secretary of State to consider the level of support from local government electors. The Government are keen to consider proposals for the transfer or devolution of powers, supported by the appropriate strong and accountable governance. I consider the approach in Clauses 5 and 6 of the Bill to be preferable. These require that all appropriate authorities must consent to any devolution or transfer of powers before it can be made. Therefore, the point made by the noble Baroness, Lady Pinnock, about anything being imposed—and any other suggestions about anything being imposed—are quite wide of the mark. Nothing is imposed on anyone, or any local authority that does not want it.
Lord Scriven
The Minister says that, but let us take my own area of South Yorkshire as a practical example. There will be four local leaders, all of the same party, which through a whip system will control the four local authorities within that area. Therefore, even if the vast majority of local people were against it, the party system could force it through, and if it went through, it could not be reversed once the local electorate had had their say at the election. Rather than talking in general, can the Minister think through carefully the practicalities of areas such as mine, where it will be down to four people, who could force it through within their local authority by using the whip system?
Baroness Williams of Trafford
My Lords, technically the noble Lord is right—it is down to four people—but they are elected by their local council groups, and their local councillors are elected by the electorate. This was explicit in the Conservative Party’s manifesto for the general election, whether anybody read it or not—although I hope that some people did.
Going back to what I was saying—which makes the very point that the noble Lord raised—this means that those who have been democratically elected by the local authority electors are making this decision on behalf of those who have elected them. That is representative democracy, which is the bedrock of our local democracy. In devolving powers and reaching devolution agreements with areas, it is right that the Government deal with those elected to represent the area—those with a democratic mandate—rather than in some way trying to go over the heads of the elected local representatives and reach their own view on what the local electorate want.
Baroness Williams of Trafford
My Lords, because these are bespoke deals, it will be very much a conversation between the local areas and the Secretary of State. The Government are clear about two things: first, any proposals have to be proposals for growth and, secondly, they have to be fiscally neutral within the Government’s spending envelope that would have usually gone into those devolved matters. We have deliberately avoided specifying and putting down criteria because it is a bespoke deal between local areas and the Secretary of State. So no prescriptions are laid down; it is a matter for discussion between the local areas and the Secretary of State.
I apologise to the noble Baroness, Lady Hollis, because I talked about the Localism Act but actually councils can resolve to have an elected mayor under the Local Government Act 2000. I just want to correct that mistake.
There have been different views on local government over the past decades and the past 150 years. I was a baby of the 1960s so cannot remember some of the reorganisations that took place then, but my noble friend Lord Heseltine made the compelling point that government has centralised over a period of 150 years. No matter how it has done it and how it has been prescribed, it has ever increasingly pulled power towards the centre. This is our golden opportunity to reverse that and it is the right thing to do.
We are now pursuing an unprecedented process to reverse that and we demand an accountable form of governance to support the powers being devolved. We have made it very clear that we want to hear from areas on their proposals. As to opposition to mayors, we are not trying to impose them anywhere but, where mayoral powers are devolved, there must be a clear, single point of accountability. International experience shows that where cities have a mayoral model it is a powerful form of governance, and the Chancellor has said that we will devolve major powers only to those cities which choose to have a mayor.
Going back to subsection (3)(c) of the proposed new clause, it is already part of the Secretary of State’s consideration about whether to establish or change an existing combined authority. The Secretary of State has to consider whether there is convenient and effective local government.
Finally, the provision in proposed subsection (4) seeks to prevent the Secretary of State imposing on a combined authority the Government’s model of an elected mayor. This is unnecessary. The Bill requires that all appropriate authorities must consent to governance change, as I said before. The Secretary of State could not and would not impose a metro mayor on any combined authorities that did not wish to adopt such a model.
Lord Scriven
My Lords, if a combined authority asked for powers similar to those of the Manchester deal, would the Government seek to impose a metro mayor on that model or would another form of governance be acceptable?
Baroness Williams of Trafford
My Lords, the Government would not seek to impose a metro mayor, as I have repeated several times. That combined authority would have a discussion about what powers it sought to be devolved and what form of governance it wished to introduce. It would have a metro mayor only if there were agreement between that local group of authorities and the Secretary of State. Nothing would be imposed.