EU and Sudan: EUC Report

Lord Shutt of Greetland Excerpts

Wednesday 7th December 2011 Grand Committee

[Lord Teverson]

To move that the Grand Committee do consider the report of the European Union Committee on The EU and Sudan: on the Brink of Change (18th Report, HL Paper 160).

[Lord Shutt of Greetland]

My Lords, before the noble Lord, Lord Teverson, speaks, I am told that an earlier person who sat in this chair said that there were 15 speakers signed up for the first debate and nine signed up for the second debate this afternoon. If all contributions, other than those of the openers and the winders, are kept to seven minutes, it should allow the Grand Committee to adjourn at 7.45 pm.

[Lord Teverson]

I thank the noble Lord for his contribution. I would say to him that of all the committees I have ever chaired, this is one that does not do what it is told the most, but it may be that on this occasion it might actually listen.

The story of South Sudan could, in many ways, be described as the best of fairy tales. We had the independence of Sudan back in 1956 and civil war started almost immediately and lasted up until 1972. Then we had a few years of peace and resolution, followed from 1983 right the way through to 2005 by a second civil war in this very sad, war-torn nation—the largest of the African nations. Yet, with 2 million people having perished and some 5 million having been displaced, and despite all that grief and pain which afflicted that nation during those 40 or so years, we had through the hard work, mostly of the United States, a comprehensive peace agreement. A very plain agenda was set out in 2005 and peace broke out. Most importantly, at the beginning of this year, there was a referendum of the people of South Sudan. Perhaps unexpectedly for those who feel pessimistic about Africa as a continent that in the past has not always been able to deliver democracy, the referendum went ahead very effectively. It was praised for the way in which it was handled and declared, with 98 per cent saying yes to independence. That result was respected by the Sudanese Government in Khartoum. Earlier this year, on 9 July, independence was declared with the blessing of Khartoum and the Sudanese Government—in fact, President al-Bashir was there and was respectfully received. We had in that moment the only instance in Africa of a constitutionally arranged division of a state and of a new state being born. That is quite something when we think about the history of that nation and those peoples.

Already at that time, there were great challenges. One of the things that I remember most about this inquiry, as I am sure will my fellow members of the sub-committee, is taking evidence from what were effectively two ambassadors, the head of mission of South Sudan, yet to be an independent state at that time, and the ambassador of Sudan. I meet them in Peers’ Entrance. They were chums. They were slapping each other’s backs, and it was excellent to see them together. They came up to the committee and there was great bonhomie as they started, but as we asked them questions, there was greater division and disagreement on key issues. I remember, as an example of an issue still to be resolved, the ambassador of Sudan saying to the head of mission of South Sudan, “Well, you’ve had $9.5 billion of oil revenues since the CPA in 2005. What has happened to that money?”. I am afraid that there was little answer. That was one of the problems and hazards mentioned in the report. It was a matter not so much of corruption, although that clearly exists, as of the use and disbursement of public and state funds in South Sudan. As is so often the case where there has been a liberation army, there is an army that still has to be paid and takes up a huge amount of the public exchequer. Security sector reform, therefore, is still a major area of concern.

Demarcation is another. There is no proper demarcation of boundaries between north and South Sudan. There are issues of citizenship. Neither South Sudan nor Sudan will allow dual citizenship of both states, so people have to decide. Once they have decided, there is great pressure for them to migrate back to the state where they have citizenship. That leads to a severe mismatch of skills and job opportunities throughout those two nations. There is a challenge of development. South Sudan has one of the highest maternal mortality rates in the world. It has no tarmaced roads outside Juba, its capital, and it has decided even now to move that capital from Juba to a more central location. It has hardly any schools and an illiteracy rate of some 75 per cent.

There is, of course, the continuing problem of oil. The only way that South Sudanese oil—80 per cent of the old country’s oil—can be exported, used and turned into revenue for the Government is through Port Sudan. There has to be an arrangement between the two countries. There was no agreement about the cost of transporting that oil or any such fiscal arrangements. Both countries depend absolutely on that revenue. For South Sudan, it accounts for some 98 per cent of government income.

The other challenge is the province of Abyei. I should explain that under the comprehensive peace agreement, Abyei was not allocated between the two states. How that should happen was to be agreed by the time of independence through consultation with its citizens or by referendum. That did not happen. At around the time of independence, more Sudanese forces occupied Abyei, and there was a very difficult military situation. All those challenges have reached the great situation of a new member state of the world community.

What has happened since then? We have an agreement that Ethiopian troops should come in and be peacekeepers and that the north Sudanese and South Sudanese militias should withdraw. The Ethiopian troops are there; that is the good side. However, neither of the Sudanese nations have withdrawn their own troops. In Sudan itself there are continuing problems in North Kordofan and the Blue Nile province. Unfortunately, there has been no Arab spring in Sudan, and there is little sign of it as yet.

South Sudan, too, suffers from internal violence to do with the unity of the state. There is also a situation with provincial governors, particularly Mr George Athor, one of the generals not appointed to be the governor of a state, who has taken on resistance within South Sudan. Violence in South Sudan is of great importance as well. Oil production in the south has gone down by 25 per cent, and there have been continuing disputes, many difficulties and no prices agreed. Most recently, there have been interruptions of supply. Trade between the two countries has declined in other ways and has sometimes been severed.

One of the other big problems, particularly at the Sudanese level, is a lack of trust in the world community to help deliver the solution that maybe Khartoum was looking for. One thing has not happened for good reasons, as those of us who see the violence, difficulties and human rights record of north Sudan will know. Part of the deal was that Sudan would be let back into the international community and would no longer be listed as a terrorist state by the United States. That has not happened.

However, there has been some good news. There is no war at the moment. The United Nations high-level implementation panel continues to do its good work. The transitional Government of Salva Kiir in South Sudan has some diversity in terms of gender balance and of bringing in members of other tribes. It is not completely dominated by the Dinka. Ironically, because oil reserves in South Sudan are not infinite and plans for pipelines through Uganda or Kenya to the coast are not feasible, the two nations are locked together and, in a way, have to resolve the dispute on oil for them both to survive fiscally. So there is good news out there and there is still, at the moment, world attention.

Those are the challenges within Sudan and South Sudan. I very much welcomed the government response, mainly because it almost completely agreed with our report. It is very difficult to see how we should move forward. We found the response from the European Union high representative more difficult. One of the key areas dealt with the European Union, particularly the External Action Service, having been very slow in setting up a delegation in Juba and in delivering what we would expect the European Union to be able to do. We did not receive a proper response from the high representative on that. We still look forward to it, and I am sure it will come in due course.

I was asked before this debate what I wanted to get out of it. I always saw that what we want to avoid is South Sudan, the world’s newest state, becoming one of its failed states. I want this debate to be a part of that. However, we need a stable north Sudan as well. It also has its challenges; it has lost 50 per cent of its oil revenue. We need stability in north Sudan for this part of the world to succeed. The other thing that I want to come from this debate is for South Sudan not to decline into obscurity and be forgotten as we deal with other issues in the world. If this part of Africa does not succeed and does not manage to turn around and deliver the promises of the comprehensive agreement, the world will come to regret it. What should the EU do? It is quite clear to me. The EU will not be a lead player but it is important in delivering justice, security reform, education and health structures—everything that makes a society work and gives optimism that a society can be successful.

Lastly, it is very important that other players play their full part as well. I should love to see a way for the United States to re-engage in this. We understand that it is very difficult for the US because of the situation with Sudan and the al-Bashir Government. However, the US has real leverage in this area. The other country that has leverage is the customer for that oil: China. China intervened in the disputes over oil when it stopped being delivered. I hope it will use its leverage further with the troika of the UK, the United States and Norway. Both Europe and the United Kingdom should work closely with China to make sure that South Sudan becomes the success that we always hoped it would be. I beg to move.

Arrangement of Business

Lord Shutt of Greetland Excerpts

Friday 25th November 2011 Lords Chamber

[Lord Shutt of Greetland]

My Lords, I am anxious that we start and conclude the Second Reading of the Mental Health (Discrimination) Bill. I thank the usual, and unusual, channels for agreeing to speak with a degree of succinctness and, in at least one case, withdrawing.

Arrangement of Business

Lord Shutt of Greetland Excerpts

Friday 25th November 2011 Lords Chamber

[Lord Shutt of Greetland]

My Lords, noble Lords who were here three hours ago will recall that I suggested that today we should have an advisory speaking time of six minutes. I am afraid that is still the case; indeed, it could do with being somewhat less. We are endeavouring to consider the two Bills today. I hope that if people can be succinct, they really will be. If we could get through so that we tackle the third of today’s Bills by around 2.20 pm, we might still be able to get through. However, we will have to take a view sometime during the next Second Reading.

Arrangement of Business

Lord Shutt of Greetland Excerpts

Friday 25th November 2011 Lords Chamber

[Lord Shutt of Greetland]

My Lords, as noble Lords will be aware, it is a firm convention that the House rises at around 3 pm on Fridays. There are 42 speakers signed up to speak today. If Back-Bench contributions are kept to six minutes then all the Bills scheduled for today should be able to receive a Second Reading. I think that I ought to say just a little bit more. If those times are exceeded, it could prejudice the third Bill. Therefore it is important for all colleagues to stick to those times so that we can conclude by 3 pm and cope with the three Bills.

[Lord Campbell-Savours]

My Lords, would it not be wise for the noble Lord to intervene on the sixth minute to help the House?

[Lord Shutt of Greetland]

My Lords, I am very happy for either myself or the duty Whip to intervene if we find that there is transgression, but in the end it is up to noble Lords to be self-regulating and I hope that they will be.

[Lord Pearson of Rannoch]

My Lords, the noble Lord may not be aware that when my Bill was put down for Second Reading I informed the Whips Office that it had never run for less than four hours and that I rather doubted that it would in the present circumstances. In those circumstances, perhaps the noble Lord would agree that his strictures should be addressed not so much to us as to those who table our business.

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[Lord Shutt of Greetland]

My Lords, perhaps we can deal with one thing at a time. Today is Friday and, as I understand it, there is a convention about rising at 3 pm. I think that the reason for that is that people want to know where they stand: they know what time their trains and aeroplanes leave and what time they hope to see the hills that the Bishop spoke about. Therefore I hope that we can stick to this time. People may well also have lined up evening engagements because they knew that the finishing time was 3 pm. I hope that we can proceed on this basis.

The noble Lord, Lord Pearson, mentioned another point. In organising the business there is a sense of taking account of the number of speakers lined up. If, ultimately, there is a late rush, these are the circumstances that we get into. I hope that we can proceed now with four hours and 50 minutes. That could diminish.

[Lord Hughes of Woodside]

I know that we want to get on with it but I want to draw the noble Lord’s attention to the fact that the Bill of the noble Lord, Lord Steel of Aikwood, ran over by 20 minutes to accommodate him. Why can we not sit late to accommodate these Second Readings?

Localism Bill

Lord Shutt of Greetland Excerpts

Monday 31st October 2011 Lords Chamber

[Lord Shutt of Greetland]

My Lords, I have it in command from Her Majesty the Queen and His Royal Highness the Prince of Wales to acquaint the House that they, having been informed of the purport of the Localism Bill, have consented to place their prerogative and interest, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.

Clause 10 : Fire and rescue authorities: charging

Amendment 1

Moved by

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[Lord Greaves]

My Lords, I will just add a few brief things. My noble friend reminds me of one or two things which I had thankfully forgotten about. I was trying to remember how many amendments I actually put to this chapter of that Bill when it came. That is also something I had forgotten about, which is something that happens.

The noble Lord, Lord Beecham, quite rightly said that councils have to welcome and encourage petitions. But what is really important is the seriousness with which they treat them and deal with them when they come. You can set up as many bureaucratic, complex, legalistic schemes as you like, but if people do not treat the petitions seriously it is just going through the motions and wasting time and energy. If people treat petitions seriously you do not need a complex, bureaucratic, top-down—and, I have to say, pretty patronising—piece of legislation like Chapter 2 of Part 1 of the Local Democracy, Economic Development and Construction Act 2009. I note with some wry amusement that the noble Lord, Lord Beecham, is desperately trying to hang on to this classic piece of new Labour nonsense, which frankly has not improved the situation of petitions in any council in the country. Those who take them seriously, take them seriously; those who do not, do not.

This is eight pages of primary legislation telling councils in great detail how to deal with petitions. I, along with my noble friend, pay tribute to the Minister at the time, the noble Baroness, Lady Andrews, who listened to a great deal of what we had said—it was 12 pages of nonsense before we started, and between us we managed to persuade the civil servants and the powers that be in the then Government at least to take some of it out. As I told the noble Baroness at the time, if the Government simply want to tell councils to have a scheme for dealing with petitions that deals with them seriously, they could do so in half a page of legislation, not eight pages. I have been through this and reminded myself of the huge amount of nonsense in it. I will not detain—or should I say entertain—your Lordships’ House with any more of this tonight, but it really does deserve to go.

The one point that I will raise relates to Section 16 of the 2009 Act, which is the requirement to call officers to account. I do not know how often, if ever, this has been used since this part of the Act was commenced. At the time, we had a long debate, and in our view it was totally inappropriate for officers of the council to be hauled up and held to account before the public in this way. The people who should be held to account are the elected councillors: those who run the council and who have been elected by the people to be responsible and accountable to the people. Clearly, they will need support from officers, and if officers are not performing their jobs properly, the elected councillors are the ones who should take a grip of the situation and sort it out. That is a fundamental principle, in our view, but we could not persuade the Government at the time that that was the case. I am delighted that my noble friend Lord Shutt is, I assume, going to resist this amendment.

[Lord Shutt of Greetland]

My Lords, I thank the noble Lords who have spoken on this matter. Clause 46 of the Bill repeals the duty on principal local authorities in England and Wales to have a petitions scheme and the associated provisions. Amendment 15 would omit this clause, therefore reinstating the duty, and Amendment 49 would then amend the original legislation, which the noble Lord, Lord Greaves, referred to when he mentioned the eight pages. Incidentally, I have a note that there would be still four or five pages left of that, including the requirement to call officers to account. So a lot of it would still be there.

While the intention behind the amendments to ensure that councils treat the receipt of petitions sensibly and appropriately is laudable, I am not persuaded that reinstating this prescriptive and burdensome duty, albeit in a revised form, is either necessary or desirable. The revised duty proposed would remove Section 11 of the Local Democracy, Economic Development and Construction Act 2009, which provides for principal local authorities to have petition schemes, but it is clear that they would continue to need such schemes, given that Amendment 49 includes several references to petition schemes. Even with this change, the revised duty would mean a significant new burden on local authorities. The effect of subsection (6) of the proposed new section is that the statutory petitions schemes would have to go into far more detail than is currently required about how particular categories of petition will be treated.

In addition, the extension of the statutory duty to all categories of petition—including mayoral petitions and council tax petitions—which the amendment creates, will create further additional burdens, as a scheme would then need to provide for different processes for different types of petition. To reinstate the current overly prescriptive duty not with a clean sheet but with a confused mishmash of some retained elements, with some changes and some provisions dropped, is not at all helpful. We trust local authorities to make the best choices for their local areas and to respond to residents’ concerns in a locally appropriate way. However, how that looks should be a matter for local discretion, not central prescription.

We simply do not believe that we need to reinstate this duty in order to force local authorities to have a petitions scheme, any more than we believe that we need to tell local authorities how to respond to petitions from their own residents.

The noble Lord, Lord True, asked whether the Government still support the concept of petitions. Let me make it clear that they absolutely support and encourage the use of petitions but at a local and not at a national level. It seems to me that people want to put up a petition in a post office or whatever. They do not want to have to scratch about wondering what the proper way to organise a petition is for that council. They want to get on with the petition, get the names together and get on with it. That is how it is in democracy and how it is in local areas. In the circumstances, I trust that this amendment will not be pursued.

[Lord Beecham]

My Lords, I suppose that the noble Lord, Lord Greaves, can be forgiven for a sense of déjà vu since the issue has arisen, but he should have looked at the amendment rather than the Act. The amendment would substantially reduce what I entirely agree was a ridiculously overprescriptive regime for the presentation of petitions. It simply provides for councils to have a scheme to deal with petitions and is not about the detail of how petitions are to be presented, except that they would be acceptable in electronic or written forms. After that, it would be very much a matter of local discretion as to how they would be dealt with. There is no intention in the amendment to prescribe how petitioners should present their case. It is not at all a bureaucratic substitute and is significantly shorter than the three volumes that the noble Lord would have us believe the Act required.

The difficulty is that, by abolishing the provision without any alternative, the Government are sending a signal that petitions do not seem to be important. They are important and it is unfortunate that the Government are sending a signal to the contrary by neglecting this when Parliament is now adopting a procedure, for good or ill, which appears to place considerable value on petitions. However, it is clear that there is insufficient support for me to test the opinion of the House. I regret what has happened and I hope that at some point the issue will be revisited. In the mean time, at the very least I hope that Ministers will use their best endeavours to encourage councils, even if not on a statutory basis, to promote the use of petitions as an important element in local democracy. In the circumstances, I beg leave to withdraw the amendment.

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Moved by

[Lord Shutt of Greetland]

17: Clause 50, page 52, line 37, after “part” insert “or parts”

[Lord Shutt of Greetland]

My Lords, this is a group of several amendments. They are government, minor, technical and consequential amendments to the Bill that are necessary to correct some minor errors, provide clarity of expression in places and ensure that clauses operate as intended. I beg to move.

[Lord McKenzie of Luton]

My Lords, I am grateful to the noble Lord for his explanation of all of these amendments. It was rather hard-going trying to work through them all, as they came through fairly late in the day. However, we are happy to accept them on the basis that, as he said, they are minor, technical and consequential, and on the basis of an assurance I hope he will give us that they do not change policy, processes or, in particular, the protections for local authorities that were achieved by the sterling work of the Front Bench opposite—particularly by the noble Earl, Lord Attlee, who has been dealing with EU fines. I would just like to ask the noble Lord where things stand on the draft policy statement. I am not clear whether that has become a finalised policy statement and what its status is. Subject to that, I am happy to support these amendments.

[Lord Shutt of Greetland]

My Lords, I believe that work on the policy statement is still going on, but I am happy to confirm that these amendments are exactly as I have indicated.

Amendment 17 agreed.

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Moved by

[Lord Shutt of Greetland]

18: Clause 50, page 52, line 38, after “part” insert “, or those parts,”

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Moved by

[Lord Shutt of Greetland]

22: Clause 53, page 55, line 28, leave out from “authority” to end of line 29 and insert “is the subject of a designation order under section 52 which applies to that EU financial sanction”

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Moved by

[Lord Shutt of Greetland]

23: Clause 54, page 56, line 23, leave out “that” and insert “the EU”

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Moved by

[Lord Shutt of Greetland]

24: Clause 55, page 58, line 30, leave out from “payments” to end of line 31 and insert “, whether any acts of the authority have continued, and will continue, to cause or contribute to the continuation of that infraction”

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Moved by

[Lord Shutt of Greetland]

31: Clause 56, page 59, line 28, leave out sub-paragraphs (i) and (ii) and insert—
“(i) have caused or contributed to the infraction of EU law concerned; or(ii) have caused or contributed, or will continue to cause or contribute, to the continuation of that infraction;”

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Moved by

[Lord Shutt of Greetland]

34: Clause 60, page 62, line 32, leave out from “make” to “any” and insert “different provision about”

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Moved by

[Lord Shutt of Greetland]

36: Clause 63, page 65, line 1, leave out from “authority” to end of line 3 and insert “is the subject of a designation order under section 62 which applies to that EU financial sanction”

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Moved by

[Lord Shutt of Greetland]

37: Clause 64, page 65, line 40, leave out “that” and insert “the EU”

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Moved by

[Lord Shutt of Greetland]

38: Clause 65, page 68, line 1, leave out from “payments” to end of line 2 and insert “, whether any acts of the authority have continued, and will continue, to cause or contribute to the continuation of that infraction”

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Moved by

[Lord Shutt of Greetland]

45: Clause 66, page 69, line 1, leave out sub-paragraphs (i) and (ii) and insert—
“(i) have caused or contributed to the infraction of EU law concerned; or(ii) have caused or contributed, or will continue to cause or contribute, to the continuation of that infraction;”

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Moved by

[Lord Shutt of Greetland]

48: Clause 69, page 72, line 29, at end insert—
“(8) Sub-paragraph (6) of paragraph 4 of Schedule 8 to the Local Government Finance Act 1988 (contributions regulations for a financial year to be in force by preceding 1 January) does not apply to regulations under that paragraph in their application to the financial year beginning in 2012 so far as they make provision related to the operation of section 47 of that Act as amended by this Act.”

House of Lords Reform Bill [HL]

Lord Shutt of Greetland Excerpts

Friday 21st October 2011 Lords Chamber

[Lord Northbrook]

My Lords, will I also be able to move Amendment 73, which refers to Section 10, in the same way?

[Lord Shutt of Greetland]

My Lords, the House decided earlier today to take amendments in a certain order: that is, Clauses 10 to 19 and then Clauses 1 to 9. The noble Lord, Lord Steel, said that certain amendments were not to be moved. It seems difficult to move an amendment if it is not there in the first place, but that is the way it will be done. We are proceeding now with Clauses 10 to 19 and they will be followed by Clauses 1 to 9. Matters will be dealt with in order at that time.

[The Earl of Erroll]

My Lords, this is abusing procedure in a dangerous way. The noble Lord is saying that, should the Government wish to use the Steel mechanism on something such as the health Bill, they could reorder it in such a way that knocks out subsequent amendments because they are consequential on an earlier amendment to be moved later—and there would not be time to reschedule them. The whole of the amendment list should have been rejigged when this was proposed, in such a way that the consequential amendments were in the right order. This is an abuse of process. I do not like that sort of thing happening in Parliament, and certainly not in the Upper House.

[Lord Shutt of Greetland]

My Lords, the House decided earlier this morning the order in which it wanted to discuss a Private Member’s Bill. When it comes to government Bills, noble Lords will recall—as on many days—that we have a commitment Motion and the order in which things are to be debated is listed. Often that is in numerical order but sometimes, for the convenience of the House, it is put in a different order. With government business—this is not government business—that is done some days before the business comes before the House.

[Viscount Astor]

My Lords, could my noble friend clarify this so that I am absolutely sure? As he rightly said, we are now debating Clauses 10 to 19 and following that we will debate Clauses 1 to 9. When that happens, will the House allow me to go back up the list of amendments and move, for example, Amendment 75 to Clause 5?

[Lord Shutt of Greetland]

Strictly speaking: yes, but that will of course depend on the amendment being put in the first place.

[Lord Trefgarne]

My Lords, before I withdraw the amendment—as I will do in a moment—is it not clear, following the Motion moved by my noble friend Lord Steel this morning and agreed by your Lordships, that we are now in a considerable state of disarray as far as these clauses and amendments are concerned? I am not particularly bright or talented but I have had the privilege of being a Member of your Lordships’ House for nearly 50 years. I cannot remember how many committees I have take part in or even led from the Dispatch Box. I have never found myself in this disarray before. Plainly, I think that noble Lords took the decision to reorder consideration of these clauses without the benefit of adequate advice. Did we not understand that the confusion now reigning would take place? I suspect that there is not much that we can do about it now unless we decided to adjourn for a moment to allow the clerks to reorder the Marshalled List. If that is not to happen—I do not suppose that it is—I shall beg leave, for now, to withdraw the amendment, unless, that is, my noble friend has some more to say.

[Lord Shutt of Greetland]

It may be helpful to read out paragraph 8.65 in the Companion:

“Each amendment on the marshalled list and each manuscript amendment is called in turn by the Lord on the Woolsack or in the Chair, subject only to pre-emption. An amendment which has been tabled need not be moved, but if none of the members named as supporters of the amendment moves it any other member may do so”.

That is quite clear on what can happen. Noble Lords will have noticed with care that, although I have been sat here for quite a time, I have not spoken. That is because this is private business. It is not government business and the House decided what to do. It was in the hands of the House and the House decided—there was a vote—that noble Lords would take the back half of the Bill first and then come to the front half. That was decided earlier today.

[Lord Trefgarne]

My Lords, I of course accept that the House decided to agree to my noble friend Lord Steel’s Motion earlier today and that is that. I suggest that it might have been better had the Minister offered some advice on the result of agreeing that Motion while your Lordships discussed it. Be that as it may, he did not do so and we are now somewhat confused. I beg leave to withdraw the amendment that I moved on behalf of the noble Lord, Lord Goodhart.

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Amendment 129 withdrawn.

[Lord Shutt of Greetland]

My Lords, at this stage it may be helpful to mention that we are running out of groupings on the list that we have. Therefore, there is a new list in the Printed Paper Office, which takes us from Amendment 130 to the end and starts again at Amendment 1. That new document is available for Members.

[Viscount Astor]

My noble friend kindly gave me a copy of the groupings list. I should point out that my two Amendments 68 and 75 are not on the groupings list.

[Lord Lea of Crondall]

Would it not be for the convenience of the House if the staff distributed the new list, instead of us all marching out to get hold of it?

[Lord Shutt of Greetland]

My Lords, anything for the convenience of the House but I have never before seen papers distributed. It occurred to me, frankly. Clearly, that can be done. As to the missing amendments, I will make my inquiries.

[The Earl of Caithness]

My Lords, I am grateful to my noble friend. I do not have a copy of the revised groupings list. I am taking my amendments individually and not grouping them, but it shows how very tricky these proceedings have become. This is a very bad precedent for discussing a Private Member’s Bill regardless of what Bill we are discussing.

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[The Earl of Caithness]

My Lords, I delayed rising in the hope that my noble friend on the Front Bench had some answers. I do not know whether the fifth cavalry has moved speedily enough but in the hope that they are scribbling frantically behind me—

[Lord Shutt of Greetland]

There may or may not be words of wisdom arriving. I remind the noble Earl that this is a Private Member’s Bill. The Government are here to be helpful from time to time but we do not have the answers as it is not our Bill.

While I am on my feet, I have further news. The Government Whips’ Office produced this splendid document showing that there are continued grouping of amendments, going up to Amendment 20 on the second page. It is an ambitious document, with 31 groupings yet to come. The noble Viscount, Lord Astor, was concerned about his Amendment 68. That one comes after another 31 amendments, after the 31 groups on the sheet. He is also concerned about Amendment 75, which is five amendments after that—in other words, 67 amendments on. Ambition is splendid and it may be that moving with great speed another list has to be issued. We shall see.

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[Lord Lyell]

I hesitate to intervene because my noble friend on the Front Bench is about to move on. He is trying to draw a distinction between a Private Member’s Bill and other legislation that passes through your Lordships’ House. Will he confirm with the authorities of the House what is different with the groupings and other procedures for a Private Member’s Bill as opposed to any other business in your Lordships’ House? I understand that the groupings are carried out with the agreement usually of both sets of authorities of the House but that it is open to each mover of each amendment not necessarily to agree and to insist on moving an amendment even though it may not be in accordance with the wishes of the Front Bench. Will my noble friend please explain why the usual arrangements might be different today because we are debating a Private Member’s Bill rather than any other procedures in your Lordships’ House?

[Lord Shutt of Greetland]

My Lords, nothing is different apart from not having a Government and an Opposition endeavouring to agree groupings. We are dealing with people who are promoting a Private Member’s Bill and others—we do not know who they are—who take a different view. We do not know who they are in composite; we know them as individuals. Therefore, the Government Whips’ Office is trying to be helpful in doing these groupings. The noble Lord is correct that amendments can be degrouped, as we have seen today. This document is simply an attempt to help all noble Lords with the business before us.

Now I am on my feet I will say that I have been given a piece of paper which suggests that under existing sentencing powers, magistrates' courts can, for a single offence, imprison for a maximum of six months. A wide variety of offences can be punished by more than 12 months’ imprisonment. That is my information and I hope that it might help the noble Lord.

[The Earl of Caithness]

My Lords, I am very grateful to my noble friend on the Front Bench; that is certainly helpful to me. I say to my noble friend Lord Steel that I do not see why we have to be the same as another place if we are playing a slightly different role. I certainly agree that we are legislators. However, given our present make-up of being appointed, which I fear is likely to continue for some time, I do not see why we have to be identical on this.

I take the point—which I meant to make when I moved the amendment—that the clause could affect people's human rights. It was made by the noble Earl, Lord Erroll, and by my noble friend Lord Swinfen, and we should discuss it. In order to be helpful to my noble friend Lord Steel, and given what he said, I shall not move Amendments 132 and 133. This should speed up the process. However, I point out that Amendment 133 is a pre-sequential amendment that refers to the Appointments Commission that he wants to get rid of—so we will have fun on that when we come to it. He offered me a lovely olive branch by saying, “Yes, I rather like your amendment, we can discuss it”. However, he will take away the whole point of the amendment later in the proceedings. If he will discuss with me whether it should be one year or more —perhaps two, three, four or five—and we can talk about the clause, I will not move my Amendments 132 and 133. I see him nod and I will take that as a yes. I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Steel of Aikwood]

My Lords, for reasons that have already been explained, the Companion states that we cannot do that. We have to deal with all the other amendments before we get to Amendment 163. That is not my wish; it is actually in the Companion.

[Lord Shutt of Greetland]

We can do it if—

[Lord Steel of Aikwood]

We can do it. If Members would stop talking, we could get on.

[Lord Steel of Aikwood]

My Lords—

[Lord Shutt of Greetland]

If I can just interject, we are on Amendment 142. It is possible, and there is time, to deal with Amendment 142. If noble Lords do not want to tarry on other amendments, there is time to conclude.

[Lord Steel of Aikwood]

I agree—

--- Later in debate ---

[The Deputy Chairman of Committees]

Before Clause 1, Amendment 1.

[Lord Shutt of Greetland]

My Lords, let me just try something without being partial, because it is up to the House what it does. There is half an hour. Your Lordships may remember that on 20 July we were debating the Localism Bill, a government Bill. During a wonderful period between about 7.30 pm and 8 pm, everybody agreed to withdraw amendments and leave it until Report. Many different people were involved who were concerned with several different amendments. That decision was taken; it was left to Report, and Report on the Bill has now concluded. That would be a way forward, if that is what the House wishes, but it is in the hands of the House whether it wishes to do something like that or to proceed with several amendments and, perhaps, not get too far today.

[Lord Trefgarne]

My noble friend Lord Caithness and I cannot be asked to agree something on behalf of other noble Lords. It is not just my noble friend and myself who have tabled amendments to Part 1.

--- Later in debate ---

[Baroness Royall of Blaisdon]

My Lords, I completely concur with the noble Lord, Lord Steel of Aikwood, and I look to the government Benches and Government Chief Whip to inform us of what happens next.

[Lord Shutt of Greetland]

My Lords, there are five minutes left. If every amendment is called, it can be dealt with. That would take a bit of time, but that would be it. If that does not happen, I will have to move that the House do resume.

[Lord Trefgarne]

I beg leave to withdraw the amendment.

--- Later in debate ---

[The Earl of Erroll]

If it is removed, it cannot be debated on Report. Is that correct?

[Lord Shutt of Greetland]

My Lords, as I understand it, it would not be in the Bill and therefore would not be discussed on Report.

Division called on whether Clause 1 should stand part of the Bill. Division called off.

Northern Ireland: Economy

Lord Shutt of Greetland Excerpts

Wednesday 19th October 2011 Lords Chamber

[Lord Shutt of Greetland]

My Lords, I congratulate the noble Lord, Lord Lexden, on securing this splendid and important debate. I am grateful to your Lordships for the quality of their contributions. Noble Lords have travelled down memory lane but in so doing have provided tremendous insight into the journeys and experiences that have ultimately brought them to this House. It is a privilege to listen to so many wonderful contributions.

The coalition Government’s commitment to rebalancing the Northern Ireland economy is one of the key objectives we share with the Northern Ireland Executive. The recent announcement by the Chancellor that air passenger duty in Northern Ireland would be reduced and then ultimately devolved to the Assembly shows that we are prepared to act decisively and creatively in order to keep the economy moving. I believe we all agree that the Northern Ireland economy is overreliant on public sector spending. The situation is understandable—one of the sad legacies of the Troubles is that the economy stagnated in Northern Ireland while it grew elsewhere. The support of the public sector was necessary, but both now and in the longer term relying on those levels of public spending is unsustainable.

The Northern Ireland Executive and Invest Northern Ireland have had some notable successes in attracting investment in recent years, with new entrants to the Northern Ireland market such as the New York Stock Exchange and Citigroup and the expansion of existing businesses such as PricewaterhouseCoopers—all creating jobs which add value to the Northern Ireland economy. However, these successes are not enough. Northern Ireland still has some way to go and, for that reason, the Treasury consultation paper on rebalancing the Northern Ireland economy set out some radical proposals for discussion.

The business community has made the case that a reduction in corporation tax to a level similar to that in Ireland would kick-start inward investment and growth, sending a resounding message that Northern Ireland was open for business. Those responsible for attracting inward investment in the Republic are adamant about the role their business tax regime has played in ensuring that even during the global economic downturn Ireland remains at or near the top of the global rankings for attracting inward investment and jobs. The head of the Irish economic development agency has said that the 12.5 per cent corporation tax rate is the “cornerstone” of Irish industrial policy.

However, we need to be cautious—as has been repeated here—because low corporation tax is not a silver bullet. Infrastructure, education, training and the planning regime all play a key role, too. The Exchequer Secretary has written to the First Minister and Deputy First Minister about the creation of a working group to further examine issues raised during the consultation period. The work of that group will be vital in gaining deeper insight into the potential costs, benefits and administrative hurdles associated with a tax reduction. We must not try to pre-empt the outworkings of that process. No decisions have yet been made, but we all look forward to the insight that the ministerial group will give to the issue.

I will now endeavour to pick up the points raised during the debate. The noble Lord, Lord Lexden, referred to the working group and hoped that I would add something on it. The noble Baroness also referred to it. It is only in recent days that the invitation was put to the Northern Ireland Executive asking them to nominate Ministers to serve on a group. Their decision was to come up with four Ministers—the First Minister, the Deputy First Minister, and the two Ministers responsible for finance and for trade and industry. The point was made about business as usual and getting on with life in the way in which others would. The four Ministers have been put up. The Executive were asked, “Who would you like to serve on the group?”. It was not even asked of them, “How many would you like? Who would be the appropriate people?”. The Executive have chosen those four people because of their function. They will, of course, be able to report back to the Northern Ireland Executive. Three parties who also have jobs in the Executive are not among those four people. In effect, it is the people themselves on that Executive who have come up with the four people who they think are right to serve on that group.

[Lord Kilclooney]

As to the cost of reducing corporation tax in Northern Ireland, the Chancellor of the Exchequer during his most recent visit to Northern Ireland said that reducing the tax could mean a reduction in the block grant of £400 million. This committee will now consider what would be the cost of the tax reduction. Is it not surprising that various businesses and organisations supported the reduction of corporation tax without even knowing how much it was going to cost the people of Northern Ireland?

[Lord Shutt of Greetland]

There is work to be done, which is why the committee has been set up to look at the detail of how this would work. Think about this: in this jurisdiction, we have income tax rates of 20 per cent and 40 per cent, and 50 per cent for people earning in excess of £150,000. In the Republic, the tax rates are 21 per cent and 40 per cent. In this jurisdiction, we have VAT of 20 per cent. In the Republic it is 21 per cent. It is even stevens.

On corporation tax, our rate is at 26 per cent, being reduced to 23 per cent, but in the Republic it is at 12.5 per cent. The Republic has held discussions with Europe as to how to endeavour to solve its troubles. Of course, it was under great pressure not to have that low rate of corporation tax. I find it instructive that the Republic has fought tooth and nail to retain a 12.5 per cent rate. I turn to the noble Lord, Lord Bew, who has been moving on this issue. The Republic’s clear view that that 12.5 per cent rate has been so important concentrates the mind. I understand that.

The noble Lord, Lord Alderdice, asked whether the Northern Ireland Executive are up to the job. It is not for me to take a view on whether people are up to the job. They have been elected and, under the system there, various people have executive roles. I am led to believe that we will not have to wait that much longer for a programme for government. On rebalancing the economy, the discussions are not a done deal, but if the rebalancing on corporation tax can take place, that may well energise them to look at other areas where the Executive can do what they can do to rebalance the economy.

Five sets of people are involved: much depends on the devolved Government, what they can do and the powers that they have, including with what is clearly a well-thought-of organisation, Invest Northern Ireland; there is also what this Government can do, although because of devolution that is somewhat limited—that is one reason why this idea has come from the Secretary of State; there is the involvement of Europe; there is the use of the cross-border entities, particularly on tourism; and, very importantly, there is the inventiveness of the private sector itself, which is a point that has already been made by several noble Lords.

I was very impressed by the contribution of the noble Lord, Lord Black of Brentwood. I am always impressed by that which I do not expect and do not know about which arises in debates in this House. On culture, the city of Derry/Londonderry will be the city of culture in 2013. Bearing in mind the detail of what the noble Lord had to say, I felt that he could well be placed as a consultant to the Northern Ireland Executive on cultural matters.

The noble Lord, Lord Empey, referred to food and was the one person who said that this was not about bother in Northern Ireland but about the economy of Northern Ireland. It is not for the UK Government to say where Invest Northern Ireland’s priorities ought to be. The noble Lord makes the very valid point that for so many reasons it is clearly an area that should be looked at as a possibility for investment. Of course, it would be for the Northern Ireland Executive to take that view.

I am concerned about the time. My time is up. If there are any specifics and anything that I have been asked about to which I have not responded, I will endeavour to do that. It has been a splendid debate on the possibilities of what can be done, based on the rebalancing report and splendid introduction made by the noble Lord, Lord Lexden. I hope and believe that so many of the contributions will be noted by Her Majesty’s Government as we go forward.

House adjourned at 9.25 pm.

Patrick Finucane

Lord Shutt of Greetland Excerpts

Wednesday 12th October 2011 Lords Chamber

[Lord Shutt of Greetland]

My Lords, with permission I shall now repeat a Statement made by the Secretary of State for Northern Ireland in the other place.

“Following my Statement to the House last November, in relation to the murder of Mr Patrick Finucane, I have considered this case very carefully. I want to set out today how the Government intend to proceed.

The murder of Mr Finucane, a Belfast solicitor, in front of his family on the 12 February 1989, was a terrible crime. There have been long-standing allegations of security force collusion in his murder.

The former Metropolitan Police Commissioner, Lord Stevens, was asked to investigate the murder in 1999. He published his overview report in 2003, concluding that there was ‘collusion’, that the murder ‘could have been prevented’ and that the original investigation of the murder,

‘should have resulted in the early arrest and detection of his killers’.

When he was asked by the previous Government to consider the question of a public inquiry, Judge Cory found in 2004,

‘strong evidence that collusive acts were committed by the Army ... the RUC ... and the Security Service’.

My right honourable friend the Prime Minister invited the family to Downing Street yesterday so he could apologise to them in person and on behalf of the Government for state collusion in the murder of Patrick Finucane. The Government accept the clear conclusions of Lord Stevens and Judge Cory that there was collusion. I want to reiterate the Government’s apology in the House today. The Government are deeply sorry for what happened.

Despite the clear conclusions of previous investigations and reports, there is still only limited information in the public domain. That is why my right honourable friend the Prime Minister and I have committed to establishing a further process to ensure that the truth is revealed. Accepting collusion is not sufficient in itself. The public now need to know the extent and nature of that collusion.

I have, therefore, asked the distinguished former United Nations war crimes prosecutor, Sir Desmond de Silva QC, to conduct an independent review to produce a full public account of any state involvement in the murder. Sir Desmond is an internationally respected QC who will carry out his work completely independently of government. Sir Desmond has worked for the United Nations on major international issues in Serbia and Sierra Leone. In 2005, Kofi Annan appointed Sir Desmond to be chief prosecutor for the Special Court for Sierra Leone. In 2010, he was appointed by the United Nations Human Rights Council to the independent fact-finding mission to investigate the Israeli interception of a Gaza aid flotilla. His track record in carrying out this work speaks for itself.

His terms of reference are to draw,

‘from the extensive investigations that have already taken place, to produce a full public account of any involvement by the Army, the Royal Ulster Constabulary, the Security Service or other UK Government body in the murder of Patrick Finucane. The review will have full access to the Stevens archive and all Government papers, including any Ministry of Defence, Security Service, Home Office, Cabinet Office or Northern Ireland Office files that [Sir Desmond believes] are relevant. The account [will be provided to me] by December 2012, for the purpose of its publication’.

I have agreed the terms of reference with Sir Desmond. I would stress that Sir Desmond is being given unrestricted access to these documents. He will be free to meet any individuals who can assist him in his task. It is, of course, open to Sir Desmond to invite or consider submissions as he sees fit. The review will have the full support and co-operation of all government departments and agencies in carrying out its work. I have spoken to the chief constable who has given his assurance that Sir Desmond will have the full co-operation of the PSNI.

This Government have demonstrated in the Bloody Sunday, Billy Wright and Rosemary Nelson cases that we will publish independent reports without delay. The same checking and publication arrangements will be put in place. This has been an exceptionally long-running issue. The previous Government sought to resolve this issue after the 2004 commitment to hold an inquiry but was unable to reach an agreed way forward with the family. I am disappointed that the family did not feel able to support the process that my right honourable friend the Prime Minister and I outlined to them yesterday. I fully recognise that the family have pursued their long campaign to find out the truth with great determination.

We do not need a statutory inquiry to tell us that there was collusion. We accept that and my apology in the House today reflects this. The task now is to uncover the details of this murder. The public should not be kept waiting for many more years for the truth to be revealed. The Government have taken a bold step by asking an internationally respected figure to produce a full public account. Details in papers and statements that have been kept secret for decades will finally be exposed. The House will be aware of the extensive investigations that have already taken place in this case. I am clear that we do not need to repeat all the work that the noble Lord, Lord Stevens, has already carried out for the truth to be revealed.

The investigations into the murder of Patrick Finucane have produced a huge amount of material. One man, Kenneth Barrett, was prosecuted and convicted of the murder in 2004. Taken together, the Stevens investigations took 9,256 witness statements. The Stevens documentary archive extends to more than 1 million pages, and 16,194 exhibits were seized. This was one of the largest police investigations in UK history.

The noble Lord, Lord Stevens, carried out a police investigation to bring forward evidence for prosecutions. A 19-page summary was produced in 2003 but the Stevens investigation was not designed to provide a public account of what happened. That is why Sir Desmond de Silva will now have full access to the Stevens files and all government papers to ensure that the full facts are finally set out. The House will not want to pre-empt the details of Sir Desmond’s report. When the report is published the Government will not hide from the truth, however difficult. I strongly believe that this will be the quickest and most effective way of getting to the truth. Experience has shown that public inquiries into the events of the Troubles take many years and can be subject to prolonged litigation, which delays the truth emerging. As my right honourable friend the Prime Minister and I have made clear for some time, we do not believe that more costly and open-ended inquiries are the right way to deal with Northern Ireland’s past.

I am acutely conscious that the conflict in Northern Ireland saw more than 3,500 people from all parts of the community killed and tens of thousands more injured. We should never forget the many terrible atrocities that took place. More than 1,000 of those killed were members of the security forces. I want to be clear that the overwhelming majority of those who served in the security forces in Northern Ireland did so with outstanding courage, professionalism and even-handedness in upholding democracy and the rule of law. The whole House will agree that we owe them an enormous debt of gratitude.

The murder of Pat Finucane has been one of the longest running and most contentious issues in Northern Ireland’s recent history. The appointment of an internationally respected and wholly independent figure to produce a full public account demonstrates the Government’s determination that the truth about this murder should be finally revealed. The House will recognise the spirit of openness and frankness with which we are dealing with this difficult issue. I would encourage everyone to judge the process that we have established by its results. I commend this Statement to the House”.

--- Later in debate ---

[Lord Shutt of Greetland]

My Lords, I thank the noble Baroness for her contribution. She began by referring to the murder, and we start from the basis of, quite frankly, how appalling and dreadful it was. She then referred to what her right honourable friend in the other place, Shaun Woodward, had attempted to do, but the fact is that an inquiry on that occasion was not pulled off. That is the position—there was no inquiry. Indeed, as I understand it, my noble friend in the other place, almost immediately on taking office, wrote to the family and met them shortly after that—something that did not happen in the preceding period.

Discussions have taken place but in the end one looks at what has happened with previous inquiries. Cost is one thing, but let us put that on one side for the moment. I ask noble Lords to cast their minds back. What is their abiding memory of the Bloody Sunday inquiry? I think they will find that, ultimately, it is the apology. I went through page after page of that inquiry document because I would have to speak here on the matter at a later point, but I believe that it was the apology that really caught people’s attention. I think that the prime purpose of bringing the Finucane family to Downing Street yesterday was to make the apology—something that had not happened until yesterday. I believe it is very important to think of the apology, and that was the reason for bringing the family here.

Many discussions took place. We have to recall that one reason why the previous Government were not able to proceed in line with the wishes of the family was that at the time the family did not want an inquiry, which had been offered under the Inquiries Act. That is why we had the impasse. We are trying to break into that impasse by first making an apology and then saying, “There are a million pages of printed matter on this event. It is all there written down. We shall get a very distinguished person to look through them and set out what has happened because it is all there”. One of the problems of going down the inquiry route, irrespective of the money side of all this, is that, sadly, 22 and a half years after the event, a number of people who were involved in it are no longer alive. I recall from reading the Bloody Sunday report that a number of people who were involved in that incident were either no longer alive or had forgotten the detail of the incident, and how difficult that made it to consider the matter.

Discussions have taken place with the Irish Government so that they know what is going on. I am not privy to those discussions. The reference to the Irish case where an inquiry has been extended brings us back to the question of time. Does time matter? You might think that 22 and a half years is a considerable length of time, but more time will elapse before this matter is resolved. The review is expected to cost in the region of £1.5 million.

The Historical Enquiries Team is well thought of and does splendid work, but this is a devolved matter. This Government have added £250 million to the police budget in Northern Ireland, so they may well have the resources to tackle it. In any event discussions are still taking place with interested parties in Northern Ireland about further work.

--- Later in debate ---

[Lord King of Bridgwater]

My Lords, is the Minister aware that this appalling murder took place during my time as Secretary of State for Northern Ireland, 22 years ago? What made it even more atrocious as a crime were the allegations, subsequently confirmed in the Stevens report, that there may have been—there was, as the Prime Minister has accepted today—collusion by members of the security forces in that murder. Against that background, I welcome the Statement. I say to the noble Baroness—the same point was made by the Front Bench in the other place—that I think it was entirely right for the Prime Minister to see Mrs Finucane and her family. If he had not seen them and this announcement had been made, people would have criticised him for a lack of courage and not being prepared to face the situation. He invited them to come to enable him to make a formal apology to them for what has happened. That was precisely the right thing to do.

We have the appalling situation whereby the murder was committed 22 years ago and allegations of collusion emerged soon after. It is 12 years since the noble Lord, Lord Stevens, produced his report, 10 years since the Weston Park agreement was signed and six years since the previous Government approached this matter. They pledged to hold an inquiry but did nothing about it except to argue with the Finucane family about the form of the inquiry, which could not be resolved because they were not prepared to agree to the form proposed under the Act. That has left this Government with a logjam that has now to be resolved. No one can seriously suggest that it is a good idea to embark on a major public inquiry that could last another five years, during which time more people who were involved in the murder will die, as will people who may be responsible for the collusion and who ought to be liable to prosecution and brought to justice. These matters are still outstanding. I feel passionately about this.

We owe it to the Finucane family to resolve this matter, to publish a document referring to the people who may have been responsible for the murder and to make the truth known. We also owe it to all those people in the security forces, brave people who, day in, day out, 24/7, have defended the people of Northern Ireland with integrity and courage but whose conduct has been besmirched by the action of a few. We owe it to them as well as to the Finucane family to get to the truth of this as quickly as possible and then let the proper consequences of punishment, if that is appropriate, take place and for the truth to be known so that the Finucane family can see it. I hope at the end of the day—it depends, obviously, on the result of this report, but I have confidence in Sir Desmond de Silva—that Sir Desmond’s report may at last bring some satisfaction in these matters so that they can be properly dealt with.

[Lord Shutt of Greetland]

My Lords, I thank the noble Lord, Lord King, for his contribution and pay tribute to his time in service in Northern Ireland. He rightly points out the 22 years and the fact that he was in post at that time. I am grateful for his supportive comments and make the point that time and delay are features that we have to think very seriously about. Twenty-two and a half years have gone and yet the report that we are suggesting and which Sir Desmond has been appointed to produce will be achieved within 15 months. Fifteen months is a small period when we think of the 22 and a half years that have gone before.

[Lord Maginnis of Drumglass]

My Lords, I want to make it very clear first that I condemn every killing that occurred in Northern Ireland and I spent 12 years of my life ensuring that both loyalist and republican killers were brought to justice. That is my justification for saying that, while I thank the Minister for bringing the Statement here, I totally disagree with and resent the term “collusion”. Can you imagine what it is like to live 24/7 in a situation where people are being murdered, and people are talking about this in cars, in homes, in pubs, in clubs and in the workplace because they are struggling to survive the violence that we had to endure. If that is collusion, then collusion took place, but my experience over all those years, working with police and the regular Army and in command of members of the Ulster Defence Regiment, was that there was no organised collusion, and I resent that term deeply.

Let me further say that there are so many victims, and victims who are close to me: Harold Sinnamon, the brother of my assistant teacher in the school where I was principal; the Dobson brothers, whom I went to school with, two people who were not involved with anything, shot in their business office; George Shaw, who contributed to his community, who took me to my first scout camp; Eric Shields, whom I worked and played rugby with and who was not a member of my party but of the Alliance Party; all these people. Was there collusion there? Are they even considered?

In finality, I was sued by the Finucane family for saying that they were an IRA family. That is what they were, an IRA family. They sued me. When they were forced by the courts to put up or shut up, they withdrew their case against me and paid my costs. Why did that happen? Let us look at the whole picture with 40, 30 or 20 years of hindsight, at what those of us who lived through the Troubles had to endure, and see whether it is prejudiced.

--- Later in debate ---

[Lord Shutt of Greetland]

My Lords, I thank the noble Lord, Lord Maginnis, for his contribution. This Statement today is about Pat Finucane. It is not about anything else. The apology has been given because of collusion. The noble Lord, Lord Stevens, made that clear in 1999; Judge Cory made it clear in 2004. Yet we were at the point where this was not a resolved issue and there was a question about an inquiry and so forth. The noble Lord has heard the reasoning—

[Lord Maginnis of Drumglass]

Not good enough.

[Lord Shutt of Greetland]

—as to the way forward. Sir Desmond de Silva will have the opportunity to go through paper after paper and to produce a report. That may well be the time for the noble Lord to express a view. But Sir Desmond will be reporting on what the noble Lord, Lord Stevens, and Judge Cory have already indicated about collusion.

[Lord Mawhinney]

My Lords, I was a Minister serving with my noble friend Lord King at the time of this murder and I agree with everything that he said, so I will not repeat it. Can the Minister assure this House that when this review is complete there will be no statute of limitations issues if—and I say if—the review specifies individuals who should be prosecuted as a consequence of the murder?

[Lord Shutt of Greetland]

My Lords, I will have to write to the noble Lord on that precise point about limitations. All I would say is that we should not forget that when the report by the noble Lord, Lord Stevens, was produced, in the end it was not possible for prosecutions to take place. Other matters may come up and people may contact Sir Desmond, but we cannot say what will happen. The idea is to get the truth about what happened with a murder. That is the position, and what happens subsequently is something for another day. However, on that specific point, I will have to write to the noble Lord.

[Baroness O'Loan]

My Lords, I wish to address two points raised by the Minister. First, the significance of the apology in the Bloody Sunday inquiry was that it followed an acknowledgement of the facts that had been revealed by that inquiry. The apology alone without the inquiry would not have addressed the issue. Secondly, I would like the noble Lord to confirm that this is a review, not a criminal investigation, and that therefore there will be no prosecutions following this review by Sir Desmond de Silva.

I am one of the few people in this House who has actually read all three Stevens reports, and I am aware of the extent of obstruction by the state in the course of those inquiries. I am also sighted of much further information in relation to the activities of loyalists over the years, and I am very clear that had the noble Lord, Lord Stevens, been allowed to do the inquiry that he wished to do and had that inquiry led to prosecutions, we would have been spared a very significant number of murders, intimidation, shootings and bombings.

My question to the Minister reflects the fact that the Finucane family has always been concerned that the full story of what happened should be told. The terms of reference of the inquiry appear to be limited to the incident of the murder. The Finucane family has been concerned about what happened prior the murder and the collusion that did exist, as identified by the noble Lord, Lord Stevens, between loyalists and representatives of the state. There will be no arrangements that will enable any challenge to any decision that will be made by Sir Desmond—and I am in no way impugning Sir Desmond when I say this—but there is no accountability in this process until it is finished.

Therefore, my question for the Minister is: can he give us an absolute, categorical, unqualified assurance that access will be given to all Special Branch and MI5 intelligence in relation to anybody who may have had any association of any kind with the murder of Patrick Finucane, or with those connected with the murder of Patrick Finucane? As a former Police Ombudsman for Northern Ireland, I am acutely aware of the games that can be played in releasing intelligence. You have to get the question absolutely right or you do not get the intelligence. I therefore ask the Minister for the assurance that there will in reality be no empty promises of full co-operation but that full access to all the intelligence will be given to this inquiry.

[Lord Shutt of Greetland]

My Lords, I thank the noble Baroness and pay tribute to her work in Northern Ireland over many years. She is concerned about whether Sir Desmond has the opportunity to look at the papers. The review will have the full support and co-operation of all government departments and agencies in carrying out its work. There is no intention whatever to restrict Sir Desmond in looking at these papers. That has been clearly said and I repeat that in saying that he has free access to look at these things.

[Lord Deben]

Will my noble friend accept that all sides of this House should be extremely supportive of the Prime Minister in his unqualified apology? Much of what has happened in the north of Ireland has happened in terrible circumstances on both sides. There is a history which goes back way beyond the present troubles and many apologies which could be made by all of us, not least the Conservative Party over its actions in Northern Ireland. This apology is crucial because it shows that we have admitted that what happened should not have happened and I hope that arguments about the form of the solution will not overcome the reality of the Government’s clear commitment to the human rights involved.

[Lord Shutt of Greetland]

I thank the noble Lord for his comments. I believe that the word “apology” and what has been done is the most important thing to have happened. The further inquiry by Sir Desmond is on top of that and we have got to find out what happened. The apology is one thing and it is very important. I am glad that the noble Lord has mentioned that. But we have then got to move on because the whole thing is about moving on. Until we can satisfy all of the people who are concerned about this, it remains one of the impediments in moving on in the peace process in Northern Ireland.

[Baroness Richardson of Calow]

There were four inquiries asked for by the Cory report and I was a panel member for the fourth one that has not been mentioned—the Robert Hamill inquiry.

The Minister asked what would be remembered about inquiries. What is more important is not what the nation might remember but what is remembered locally. We had a public inquiry in which a family and all the people involved were able to express their own feelings about the murder. It released a whole lot of information but also a lot of emotion. That cannot be quantified or have a financial value. A private apology, even when it is made public, cannot take the place of allowing a family to express publicly, in a way which can be heard by everybody else, the pain and horror they have been through.

I welcome the fact that the facts will be known and be published. It is a pity that it has taken such a long time for this to happen.

[Lord Shutt of Greetland]

My Lords, I understand this and I would not want to say that an inquiry would be no use in any circumstances. We are talking about an event, however, that took place 22 and a half years ago. We know from reading about those inquiries about the people who were dead or forgotten or who could not be found. There are seven key witnesses here. There is Brian Nelson, an FRU agent who died in 2003. RUC agent William Stobie was murdered in 2001. Sir John Hermon, the ex-Chief Constable of the RUC, is dead. Brian Fitzsimons, the ex-deputy head, was killed in the Chinook crash, as was John Deverell, the most senior security service rep in Northern Ireland. Wilfred Monahan died of natural causes. These people are all dead, and this is one problem with the inquiry: one is not able to call them because they are not able to turn up. Therefore, one needs to strike a balance. When one adds three, four, six or 10 years from today, if one is going down that route, one must then consider whether, sadly, others will be added to the list. One must take that balance into account. Asking noble Lords and everyone else to wait 15 months for this review is one way in which we can then move forward.

[Lord Alderdice]

My Lords, I will take further the question raised by the noble Baroness, Lady O’Loan. I do not entirely agree with her that the events are not known and that the apology has come before they are known. It is known that there was a murder and that there was collusion: that is clear. However, the details have not yet been published and it is very important that they are.

The noble Baroness said something else that will be very disturbing to the House. She suggested that because of the form of the inquiry, no criminal prosecutions could come from it. Other noble Lords have expressed the concern in various ways that, should material come forward into the public domain, prosecutions should proceed. I seek assurance from my noble friend that that is the case and that the concerns of the noble Baroness are not necessary because prosecutions can proceed from the publication of the report.

--- Later in debate ---

[Lord Shutt of Greetland]

My Lords, I believe that that could happen: there could be prosecutions. I have some doubts, bearing in mind that Sir Desmond will be culling the million pages of evidence that have already been seen. That evidence did bring forward prosecutions. I suspect that because Sir Desmond's work is taking place, people may contact him, or he may contact people, and it is possible that something new may come into the domain and, because of that, prosecutions might happen.

Localism Bill

Lord Shutt of Greetland Excerpts

Monday 5th September 2011 Lords Chamber

[Lord Shutt of Greetland]

My Lords, I thank the three noble Lords who have addressed this issue, particularly the noble Lord, Lord Whitty, for the way in which he addressed the several deletions. I am told that reference to housing finance did not enter the ranks in Second Reading and that there were no amendments the like of that proposed by the noble Lord, Lord Whitty, in Committee. It is interesting that we have got to Report and the fundamentals are being raised by the noble Lord, Lord Whitty.

[Lord McKenzie of Luton]

If the Minister will permit me to intervene, amendments were tabled in Committee dealing with Clause 158. The noble Lord, Lord Best, had one that we put our name to.

[Lord Shutt of Greetland]

Indeed, but there was not the wholesale abolition of the entirety of the clauses in the Bill on this whole issue of housing finance. I know that the amendment was moved in a probing way—I accept that—but it was not done at that point.

I understand the sense that there is a fundamental change here, and there is a need. I undertake that a document will be provided that sets out the change in simple terms. That is what the noble Lord, Lord Whitty, is asking for. He is saying, “I can’t cope with all this lot—what’s it all about?”. So there is a need for a simple document explaining that change. However, if we accepted his amendment, we would be stuck with a discredited and underfunded system for financing council housing instead of moving to self-financing, which is the culmination of a long-held ambition held by local government for councils to take full responsibility for their rental income and the management of their housing assets for the benefit of their tenants. It has been overwhelmingly supported in two public consultations, was originally a Labour Party policy and enjoys broad cross-party support.

Under the current system, Whitehall makes a series of complex annual decisions about what councils should raise in rents and what they should spend on their homes. Government then redistributes income between councils with an increasingly large profit being made for the Exchequer in the last few years as the methodology assumes that rents are rising significantly faster than costs. The result is that councils have no certainty about future income and no ability to plan long term as well as insufficient funding to maintain their houses to a decent standard. Through the Localism Bill, we will replace that subsidy system with one in which councils keep their own rents, thereby providing a direct link between the rent that councils charge and the services that they deliver. Tenants will, therefore, be able to hold their landlord to account. Councils will on average have 14 per cent more to spend on their stock than under the current system. This increase in funding is to meet the real costs required for management, maintenance and major repairs as identified in independent research.

I have some notes here that refer to a later amendment, but it is perhaps appropriate to deal with points raised by the noble Lord, Lord Best, about Clause 158. It is not a minor or technical part of these reforms, but instead is integral to protecting the Government’s central fiscal priority to bring public borrowing under control. I appreciate that many councils do not like that restriction, but our reforms must support national fiscal policy. Self-financing will give local authorities direct control over a large income stream, which could potentially be used to finance a large increase in public sector debt. Prudential borrowing rules have been effective to date in ensuring that local authority borrowing is affordable locally, but in the current fiscal context it must also be affordable nationally.

I am aware that the borrowing cap will place pressures on some councils in the early years of self-financing. These pressures, however, should be seen in the context of a deal that significantly increases funding for all council landlords at a time when other parts of the public sector are facing a very tight fiscal position.

I think that that covers the point that has been raised. It really is a case of the national position and the problems of the fiscal position affecting local authorities in terms of the restrictions that we have with our national economic situation. I hope, particularly on the basis that we will be able to produce a simple document of explanation, that this will be acceptable to the noble Lord to enable him to withdraw the amendment.

[Lord McKenzie of Luton]

Before the Minister sits down, could he deal with the point about the existing powers that the Government have under the 2003 Act, for national economic reasons and by regulations, to limit borrowing by local authorities? Why do they need the additional provisions of Clause 158? Do they not have those powers, or why are those powers insufficient?

[Lord Shutt of Greetland]

I am afraid that I will have to write to the noble Lord about that. I do not have a firm answer as to why that should be the case, although it may well be that someone is sending me a document on that. It is suggested that the existing power in the Local Government Act 2003 allows central government to,

“by regulations set limits in relation to the borrowing of money by local authorities”,

in order to ensure that the local authority does not borrow more than it can afford. While this power provides powers to cap local authority debt, it links local caps to local affordability. Our concern is not that councils will act in ways that are imprudent locally but that on aggregate these borrowing decisions may be unaffordable nationally. That is the situation there. If that does not cover the point, though, as I indicated earlier, I will write.

[Lord Whitty]

My Lords, I am grateful to the Minister for his offer to explain all this to me in simple language. I now understand that this is all about self-financing, which I have supported in the past and therefore continue to support. It is just that, due to the way the clause reads, it seemed to me that the one-off payment was not the result of a deal but was by the unilateral decision of the Secretary of State. Maybe that is the way that it has to be expressed in legislation, but I am grateful for the offer of a paper clarifying that. I still think that the points raised by the noble Lord, Lord Best, need a fuller riposte, and maybe the Minister could come up with that as well. In the mean time, though, I beg leave to withdraw the amendment.

Localism Bill

Lord Shutt of Greetland Excerpts

Tuesday 19th July 2011 Lords Chamber

[Lord McKenzie of Luton]

My Lords, we support the thrust of the amendment of the noble Lord, Lord Renfrew, about local planning authorities having access to the relevant historic environment records. That must be right, and it follows on from our earlier discussion. I do not know how practical or easy it would be to put in place, but it is something we should require and strive towards.

As to the amendments of the noble Lord, Lord Jenkin, he posed a conundrum about the operation of proposed new Section 61Y, and I look forward to the Minister’s response. I thought that I was sure of my ground on the first amendments relating to retaining in statute the issues about requiring pre-application consultation. It is therefore with some hesitation that I disagree with my noble and learned friend Lord Boyd. I can understand the need for a degree of flexibility, but I do not see within the amendment something that is unduly rigid, although I am prepared to be swayed on that issue. However, I would need some persuading that we should adjust the Bill in that respect, but the noble Lord, Lord Jenkin, has raised an interesting point on new Section 61Y and the possible conflicts therein. I wait to see how that is to be resolved. I support the amendment of the noble Lord, Lord Renfrew.

[Lord Shutt of Greetland]

My Lords, I thank noble Lords who have spoken to this series of amendments. Clause 107 sets out a light-touch set of requirements for prospective applicants for planning permission to publicise their development proposals so that members of the community have an opportunity to comment or collaborate on the design at an early stage. Instead, the amendments would require a prospective applicant to have regard to a code of best practice for consultation set out at the national level by the Secretary of State. It is not necessary or appropriate to set out detailed national standards. There should be flexibility for each consultation to be tailored to the unique circumstances and characteristics of the development proposed and the host area.

--- Later in debate ---

[Lord Greaves]

Before the noble Lord does so—this is a slightly cheeky intervention—my noble friend said that the Government did not believe in telling people in great detail how to carry out consultation because they were not experts on it and because it is a fast- moving area. Why do they, therefore, in so many parts of the Bill take a very different view when it comes to consultation by local authorities?

[Lord Shutt of Greetland]

My Lords, I have to say that during discussion on the Bill, noble Lords are constantly saying that the Government are being too prescriptive, on the one hand; or, on the other hand, that the Government need regulations or some backstop somewhere. It seems to me that there is balance in all things. What I have read out is the balance perceived at this point. This is Committee, so, as always, the comments of noble Lords will be taken into account.

[Lord Jenkin of Roding]

My Lords, I am grateful for that last comment and most grateful to the noble and learned Lord, Lord Boyd of Duncansby, for his support for my amendment. It is extraordinary how differently those of us on the Back Benches and my noble friends on the Front Benches can view the same proposal. In my innocence, I thought that a code of practice was rather simpler than a substantial statutory provision. Obviously, my noble friend Lord Shutt does not think so. We will look to see whether it is necessary to come back to this; I will certainly take advice. In the mean time, I beg leave to withdraw the amendment.

--- Later in debate ---

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall)]

In Clause 124, manuscript Amendment 166WA is tabled in the name of the noble Lord, Lord Greaves. Is that correct?

[Lord Shutt of Greetland]

If Members look at the groupings list, they will see that for some strange reason, Amendment 166WA is out of kilter and comes after the debate on whether Clause 124 should stand part. However, I believe that the amendment is a precursor to that debate and therefore it may be helpful and convenient to the Committee if this one amendment is now dealt with by the noble Lord, Lord Greaves.

[Baroness Royall of Blaisdon]

My Lords, it is now 23:05. Everyone in this Chamber, including the staff of the House, will be here again at 10 o’clock in the morning. The agreement made with the usual channels was, as I understand it, that we would finish as close as possible to 10 pm. It is now 11.05 pm. My colleague, who has been on the Front Bench all day, wishes to depart. We have plenty of amendments to deal with tomorrow and I suggest that we deal with this manuscript amendment then.

[Lord Shutt of Greetland]

My Lords, I trust that the amendment can be dealt with tonight. I do not believe it will take very long. I understand that people are tired; I am tired too. Let us get on and get some business done.

[Lord McKenzie of Luton]

My Lords, this is disgraceful. To help the Government we agreed to a back-to-back Committee stage, which is most unusual. We agreed to an early start tomorrow to help the Government. We have already stretched to 11 o’clock tonight. This manuscript amendment is closely linked to Clause 124 which is a substantial debate that we ought to have when minds are relatively fresh. It is best done tomorrow. I can see nods of assent from some of the coalition Benches. That is the way we should leave it tonight. We have made better progress than I thought we would today, and we have played our part in that. I think we should now draw the line.