(10 years, 7 months ago)
Grand CommitteeMy Lords, I hope I will be forgiven for intervening at this stage. I did not know that I would be able to speak, so I did not put my name down. The first thing I want to do is thank the noble Lord, Lord Pearson, for this debate and for his efforts over a long period of time at huge financial cost to himself, and perhaps others, at investigating the BBC’s coverage of Euroscepticism, if I can put it like that.
So far as I am concerned, I am a great admirer of the BBC, so I am not in any sense against the corporation, and indeed I do not believe that it can be financed in any way other than how it is financed at present, but we shall have to see about that. However, the fact is that I believe that the BBC has failed in its duty in respect of giving the Eurosceptic side of the European argument. I have myself made several representations both to the chairman and the organisation that deals with complaints, but with little success. I hope that the BBC will take note of this debate.
It is true that Euroscepticism is popular at the present time, but what is more important than ever is that when we come to have the debate on “in or out”, I am in agreement with the noble Lord, Lord Giddens. It must be an important and properly financed debate. We have to ensure that both sides are properly financed, not as they were in 1975, and that they should have equal time, especially on the BBC but also on other radio and television outlets. That is of the utmost importance.
My time is nearly up. I have to say that I speak as someone who was not in favour of joining the Common Market and believe sincerely that we would be far better off if we were out of the European Union. This country can thrive very well outside the European Union, and it is about time we had a big debate about what our future should be. Perhaps this debate will help us towards that.
(11 years, 6 months ago)
Lords ChamberIf my noble friend will forgive me, although I responded to the most reverend Primate on this topic, this topic is quite a point of detail and we will be debating it later at great length, so rather than trying to flick through my briefing folder now to find specific answers, when we have that debate I will be absolutely prepared and armed to respond to her at that time.
On that point, in the case of a heterosexual marriage, annulment depends on consummation, not procreation. In those circumstances, since that will not apply to same-sex couples, there is no equality in this Bill.
The noble Lord has done me a great service because he reminds me that I was wrong in the connection that I made to procreation. That is why it would be much safer if we debated this matter when I have the right speaking notes in front of me. I am grateful to the noble Lord.
I can, however, respond to the question from my noble friend Lord Lester. This was a US Supreme Court case that ended the bussing of children to segregated schools in the USA. I am wary of making a direct read-across, but my noble friend makes a point that is very worthy of consideration: that separate but equal can be a cloak of inequality.
I think I have covered all the points raised in the debate, so I ask the noble Lords whose amendments we have been discussing not to press them.
My Lords, it is absolutely necessary that some of these amendments should be on the Marshalled List. They have been discussed at length today and will be discussed further. But the fact remains that there is a perception that people will be restrained from expressing their views about marriage as a result of this Bill. The correspondence that I and many others have received show that there is a very considerable concern that people will be denied the freedom to criticise same-sex marriage when this Bill goes through—I say “when this Bill goes through” because it quite clearly will go through. Therefore, it is right and proper that this House should ensure that there are proper provisions to ensure free speech. There have been instances where free speech has been guaranteed by Ministers but not carried out by people in other walks of life and other areas of employment.
People are also concerned at the speed with which this Bill was introduced and is being rushed through Parliament. They feel that there has been insufficient public discussion of this very important Bill, which alters parts of our constitution, and that it is being rushed through and their views are not being properly taken into account. After all, we must recognise that the percentage of gay couples is 1.5% and therefore 98.5% of the population has to be taken into consideration as well. If people disagree with this Bill, they must be able to express their opposition after the Bill has been passed without fear of being dismissed or otherwise harmed by their employers or having a policeman knock at the door because they have made some off-the-cuff remark.
My Lords, we have had another interesting and informative discussion.
I wonder how much confusion there is about the fact that when we disagree with each other, that is okay; that it is okay to disagree with each other quite vehemently; and that it is all right to express those vehement disagreements. Our view on these Benches is that the law recognises that that is exactly right. It took me back to the passage of the Equality Act 2010, when the interventions of the noble Lord, Lord Lester, made precisely the point that needed to be made about the protections that existed. Those protections do exist. The fact that they are tested from time to time, and that people on both sides do silly things with them from time to time, does not mean that they are not valid protections; they are very valid protections indeed.
We believe—and the Commons agreed in its debates—that there is no need for additional protection under the Equality Act 2010. It is not necessary. There is already protection for people’s religious beliefs in law, which encompasses views about marriage. It would also be invidious, because it would make the only specific belief that has protection under this part of the Equality Act one that defines marriage as being between a man and a woman. I will return to that.
It is worth saying that Amendment 19 would make a particular viewpoint on marriage, which could be held by people with or without religious beliefs, the only belief that was expressly protected from discrimination on the grounds of religion or belief, elevating it above any other belief. This could have exactly the opposite effect to that intended by the noble Lord, Lord Singh, since a person who believes that the definition of marriage as being between a man and a woman is wrong would also be protected. Therefore, it may do exactly what the noble Lord does not want it to do.
As I said during the debate, the Equality Act 2010 is a carefully considered piece of legislation, which balances the rights of one protected group against those of another. Sexual orientation and religion or belief are both protected characteristics under the Equality Act, meaning that it is illegal to discriminate against someone on the grounds of their sexual orientation or their religion.
The Equality Act already takes care to provide protections for the beliefs of those with a religious faith, including on issues of sexual orientation and marriage. For example, guidance accompanying the Equality Bill, states:
“In the case of Ministers of Religion and other jobs which exist to promote and represent religion, the Bill recognises that a church may need to impose requirements regarding sexual orientation, sex, marriage and civil partnership or gender reassignment if it is necessary to comply with its teachings or the strongly held beliefs of its followers”.
It is completely clear that the law already exists to protect those views and their expression. Religion and belief are protected characteristics under the Act. It means that we cannot be discriminated against for holding or expressing those beliefs. On these Benches, we did not think that the government amendment was necessary, as my noble friend Lord Alli mentioned, but we understand that the Government are acting in good faith on a commitment made by a Minister in another place. Therefore, we accept that the Government are bringing the amendment forward with the best of intentions and that it certainly does no harm. If it gives people peace of mind, that is only to be welcomed.
I will not go through the rest of the amendments because I suspect the Minister will do that extremely well—and it is nearly dinner time.
(12 years, 1 month ago)
Lords ChamberI thank my noble friend for that information. I was alerted to it just before I came into the Chamber. However, I do not have any further details and I would not wish to comment further about the name mentioned. However, I imagine that this issue and the name mentioned will be taken up as part of the inquiry into these issues.
Does the noble Viscount agree that the selection pool for the BBC Trust is very narrow? Would it not be as well that that pool should be widened so that a perhaps more critical attitude could be taken of the operations of the BBC? Perhaps one of the new candidates could be the noble Lord, Lord Pearson of Rannoch.
(12 years, 10 months ago)
Lords ChamberMy Lords, my noble friend Lord Fowler, with his tremendous memory, harked back to 1986. He complained about the Commons using programme Motions more than they did in the past, and that is true, but of course it is up to them. However, I can confirm that the House of Commons discussed and debated each of these amendments in full before passing them back.
I can tell him my noble friend Lord Higgins that my noble friend Lord Freud will be able to explain the Government’s position on each of these amendments, but he will not be able to confirm what position may be taken by the House of Commons because that is a decision for the Speaker on the advice of his Clerks. However, I should like to repeat the really important thing in all this. Some 35 of the 46 Lords amendments to the Welfare Reform Bill that were designated by the House of Commons as privileged were subsequently accepted by that House. That must be an indication that we did a good job and we did it well.
I hope that I have answered all the questions put to me. If not, I shall reply in writing, but I hope that we will now be able to continue.
My Lords, I am much obliged to the Leader of the House. I do not really believe that he has dealt satisfactorily with the points raised by the noble Lord, Lord Fowler. He said that this House would be strengthened by the Bill that apparently is to come before us in the next Session, but if it does not provide the same financial powers as those of the House of Commons, we will be in no different a position from that in which we are at present, which we are discussing. Unless that Bill can be amended to give the House of Lords the power to make amendments that may indeed put up expenditure without being told by the Commons that we cannot do so, then what is the point of us?
My Lords, I have long believed that there are adequate powers in this House, many of which we do not use, partly because we are an unelected and appointed Chamber. When and if we are ultimately elected I expect that, over time, those powers will evolve. I have no idea how they will evolve, but if a Bill for an elected House is presented, this is an issue that we shall debate long and hard, and I look forward to the noble Lord’s amendments.
(12 years, 10 months ago)
Lords ChamberMy Lords, many of my parish priests would endorse the kind of things that we have heard of this afternoon, the many cases where single parents—97 per cent of them mothers—are placed in a most cruel and unfair position. It is only recently, I think, that the Prime Minister said that our society must do more to make fathers understand and take responsibility for their paternal aspects which they have taken on by becoming fathers. What I do not think he said but, unfortunately, what this Bill does is that the mother who is left on her own without any financial backing from that father should therefore pay this huge penalty. That is what this Bill is requiring at the moment. It seems to me that what the noble and learned Lord, Lord Mackay, is putting before this House is a very sensible and compassionate way of undoing an injustice which I do not believe the Government really intended in the beginning. I hope that the Minister will see his way forward to recognising the great power of opinion that he must surely have heard this afternoon in this House.
My Lords, I say right away that I have no hesitation in supporting the amendment of the noble and learned Lord, Lord Mackay of Clashfern. I remember, as I am sure he will remember, the debates we had during the day, and in the watches of the night, over the original CSA Bill. We had certain disagreements at that time, but we have no disagreements this afternoon. Time is getting on, but the point I really want to make is that the Government, in imposing charges, are, in fact, undermining what they want. If there are no charges, the Government are in a win-win situation because it will not only help them financially but it will help family life, particularly for women, and will also give encouragement, perhaps, to the absent male, the absent father, to take a greater interest in the family if he is making a contribution towards the upbringing of the child. I appeal to the Government for their own sake to accept the amendment moved by the noble and learned Lord, Lord Mackay. It is a very sensible amendment that has been supported on all sides. There has been no criticism from any part of the House. I feel sure that if the amendment is put to a vote, the Government will suffer another defeat, and I am not at all sure that politically that is very wise.
My Lords, politicians regularly claim to have fairness on their side. It is sort of part of the trade, and it creates the impression that they are on higher moral ground than the opposition—whether that be the Opposition or the Government—who, by definition, cannot therefore have fairness on their side. In more than 30 years at both ends of this corridor, I can think of very few, if any, debates where we have debated quintessentially just the issue of fairness. It is always linked with a policy, and this is linked to a policy as well but, as has become clear during this debate, what we are really being asked to take a decision on is fairness.
I make no apologies for saying that I had the pleasure, some years ago, of working closely with my noble and learned friend Lord Mackay of Clashfern. I have no embarrassment in saying that I learned from him and benefited from his integrity, wisdom and common sense. If any noble Lords had not had this pleasure and privilege, they will have had this evening. That was as powerful an explanation in simple language of integrity, clarity and humanity as I have heard. I have seldom if ever heard someone put the Government ever so gently but firmly in their place without creating any angst, unhappiness or unpleasantness in the process.
I agree with the noble and learned Lord, Lord Morris of Aberavon, and the noble and learned Baroness, Lady Butler-Sloss: any Member of Parliament can tell stories about the failure of the CSA. The noble and learned Baroness, Lady Butler-Sloss, spoke of her experience of dealing with men who were intransigent beyond persuasion. I cannot be the only former Member of Parliament who has been physically threatened in surgeries by men because I tried to persuade them that I did not have the power to solve their problem. That threat of physical violence stemmed from an antipathy to their former partner which was time and again beyond remedy—in many cases, beyond even consideration.
I have to say to my noble friend the Minister that, just for once, I think the Government have got it wrong. I support what they are trying to do and I know of nobody in either House who would have the gall to stand up and describe the noble and learned Lord, Lord Mackay of Clashfern, as a rebel. They would get laughed out of court if they tried. I cannot stand shoulder to shoulder with him, but they would also have a certain amount of difficulty labelling me that way.
If ever there was a time for the Minister to say, “This has been a very good debate, conducted in good humour but with surprisingly impressive intellectual integrity and humanity, and I will take this back and talk to my colleagues and come forward at Third Reading with the Government’s considered position, bearing in mind this debate”, it is now. I hope my noble friend might take that as a constructive suggestion for the way forward.
I made it clear before I came into the House for this debate that it was not my intention or inclination ever to vote against a proposal moved by the noble and learned Lord, Lord Mackay of Clashfern, my friend, but I did not commit myself on whether to abstain or to support him. Unless the Minister says something wholly remarkable over and above what has so far been said, I will join my noble and learned friend in the Lobby.
(13 years, 8 months ago)
Lords ChamberMy Lords, I have not intervened in these debates so far, and I hope that I will be forgiven for doing so now. I do not know whether the noble Lord, Lord McKenzie, will welcome what I am going to say, but he will be pleased to know that I will support his amendments. So far I have left things to people who are more expert than I am in these matters, but today I want to support these amendments. It is quite intolerable that women should be required to wait longer for a proper pension provision which was, as we have heard, promised to them in the coalition agreement.
We have heard quite a lot this afternoon about the cost. It is £10 billion apparently. It seems that the Government will find that difficult to find. However, I notice that, over the weekend, our Prime Minster committed the Government and the British taxpayer to a £7 billion bailout of Portugal. When money can be found for one purpose, it seems to be there, but when it needs to be found for another good purpose, it is not there. Not so long ago, we committed this country to loaning the Irish Republic £3 billion to help to deal with its economic circumstances. This is all very well if you have the money to do it. However, according to the Government, we have not got the money to honour the promise that was made to the women of this country. That is intolerable. However, there is more to it than that. I also noticed yesterday that the amount of our contribution to the European Union in net terms has moved up from £8.3 billion to £9.3 billion. That is not just for one year; that extra £1 billion will have to be paid from now on, so by 2018 we will have paid an extra £8 billion. We could almost meet this cost from the additional money that we have to pay to the European Union budget. However, that money will be found; it will have to be found, so why on earth cannot we find money for our own women in this country?
There is another point. The coalition agreement stated that the overseas aid budget should rise by £3.5 billion—I believe by 2012. That, too, will be an ongoing commitment, year in and year out. A lot of money is being spent to relieve other people but we are not prepared to do our own women justice. I know that I might be criticised for my remarks about overseas aid. I am a great supporter of overseas aid and believe that this country has made extremely good provision in that regard. However, it has to be shown to provide value for money. Noble Lords will have noted that a much more significant figure than myself—the noble Lord, Lord Mandelson—has raised this very point. He has said, and I agree with him, that the money which is paid in overseas aid must be subject to proper control, be seen to be value for money and should not go to the leaders of the relevant countries but to the people of those countries. Those words should be taken seriously.
I certainly support these amendments. In so doing, I believe that I am supporting the women of this country. The argument that we do not have the money is a spurious one, as it appears that we have plenty of money to give to other people outside this country.
My Lords, before I say a word or two about this particular group of amendments, I want to say a few words about the opposition to these proposals as a whole and the manner in which it has been expressed. I refer to the opposition outside this Chamber, not within it. It is interesting to note the advocacy that has reached our ears from a huge number of organisations that have put a lot of effort into researching and tackling the issues before us. In any normal protest, you hear two questions: “What do you want and when do you want it?”. I suspect that the answer to the second question, which is always “now”, cannot be applied to pensions. This is the issue with which many of us are having to wrestle. How do you plan for the future? How do you anticipate the future? How do you look at the future? How do you predict what will happen in the years to come? The standard answer is, “We would not be starting from here”. However, pensions reform in this country has been very slow in coming. Where it has happened, people have realised that they should have done it a lot earlier, so there will always be change and acceleration and the interests of a future generation will always have to be taken into account. It is that future generation that we have to bear in mind in this group of amendments. As the noble Lord, Lord Boswell, said, we are talking about intergenerational issues, and that is the issue that we will have to face—a smaller number of younger people having to pay for a larger number of older people. The question cannot be avoided; we have to answer it.
In Committee there were amendments to this section of the Bill not only from the Conservative Benches, but from the Labour Benches and from us, all of which were differently phrased, but all of which sought to look at some very specific issues. It would be nice to have gender-free pensions language, as the noble Baroness, Lady Bakewell, said. We cannot do that until such time as we have equality in the pension age. We have to arrive at that point before we can have gender-free language. It would be very nice for men to be able to contribute, and perhaps there may be a way for men to contribute in the longer term, which is something that we ought to be saying at this stage for the future. We may be able to look at those issues, and the Minister may be able to suggest some avenues.
Two specific issues were raised in Committee. It is the most vulnerable who are, of course, the least vocal in our society. Perhaps that is one reason why we have had not vocal protest but advocacy protest about some of these measures. It is the most vulnerable in our society who are going to be affected—those with no private pension savings, no partner’s pension to rely on, and for whom the personal state pension is the key. They are about 14 per cent of the women in the whole cohort and this 14 per cent of women shows why it is so important to have a good single-tier pension.
I welcome the announcement in the Budget of a £140 basic state pension because that is a huge rise. Can the Minister give us some more flesh on the bones of what the Chancellor said about this? He is smiling because this is an issue that I have constantly raised with him—that the replacement should be a basic provision for all which is both gender-free and acceptable to everyone: everyone can receive it. I hope that this big increase in the basic state pension will deal with some of the issues about the most vulnerable.
Secondly, there was the issue of inequity for the group of people who were born in 1953, 1954 or 1955. These are the people for whom there will be inequitable treatment compared with other women in their cohort. We have already heard about the sister; the right reverend Prelate gave the most extreme example earlier. We need to hear from the Minister that there is a solution for these people. Given the level of interest in this matter, how will he acknowledge and address this inequity? I hope that he will acknowledge it in his response to this group and a subsequent group of amendments.
A variety of solutions were put forward in Committee, some of which we will be debating and reflecting on today, but at this stage we must reflect the fact that this set of amendments will put more taxation on our children and those who follow us. They will have to pay for that intergenerational change and it is always going to be the same as this progresses. We have to make a judgment as to what is the right amount that our children should have to pay to make this easier.
Finally, if you are trying to predict at the moment what your pension might be and when your pension age might come and you go on to the Government’s website to find out, you will still find the existing proposals. It would be worth having the website reflect more strongly that changes are proposed and give some indication of what those changes might be, so that people who will be thinking about these matters during the course of the Bill will be able to see the changes that affect them. We need transparency and I hope that the Minister will address that.