Police and Crime Commissioner Elections (Welsh Forms) Order 2012

Lord Taylor of Holbeach Excerpts

Monday 29th October 2012 Lords Chamber

Moved By

[Lord Taylor of Holbeach]

That the draft Police and Crime Commissioner Elections (Welsh Forms) Order 2012 laid before the House on 15 October be approved.

Relevant document: 8th Report from the Joint Committee on Statutory Instruments.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, the House will know that on 15 November the people of England and Wales will go to the polls to elect their first police and crime commissioners.

The Police Reform and Social Responsibility Act 2011 sets out the basic rules for the elections, and the detailed rules, forms and notices can be found, in English, in the Police and Crime Commissioner (Elections) Order 2012. The Government are, of course, committed to ensuring that the Welsh language is given full parity with English in Wales, so have brought this further order to establish a bilingual ballot paper for use in Wales on 15 November. Our commitment to ensuring that the Welsh language is given equal status with English in these elections is shown by the fact that we have established Welsh names for the four offices of PCCs in Wales formally. We are also ensuring that our candidate website in Wales is also in Welsh, with a website address in Welsh too.

Should they wish, police and crime commissioners on election will be able to take their oath in Welsh. I can assure noble Lords that all other forms and notices for the election can be issued bilingually without an order. These suggested forms are available on the Electoral Commission website. However, ballot papers require an order and I am sure that all noble Lords will join me in supporting the need for these forms to be available bilingually. I beg to move.

[Lord Touhig]

My Lords, what a complete shambles this has become. We are less than 48 hours away from the deadline of five o’clock on Wednesday when the first ballot papers in both languages should be sent out to postal voters. Until we conclude our business this evening, there is no authority to use ballot papers in both languages. This is further evidence of the lack of interest that this Government show to Wales, her people and the Welsh language. The Electoral Commission points out in its helpful briefing for this debate:

“Welsh language legislation requires that in Wales the Welsh language is treated no less favourably than the English language”.

We are barely two weeks away from the first election for the police and crime commissioners and until this order is agreed there will be no bilingual ballot papers available. Some of us are sceptical about the whole idea of police and crime commissioners, coming at a time of the difficult economic situation in our country. Many of us question spending £75 million on this election. On top of that, I see in an Answer given to my right honourable friend David Hanson, the Member for Delyn in the other place, a further £350,000 has been spent on printing ballot papers in English only in case this order is not made in time. With the passing of this order allowing for the use of bilingual ballot papers, the English-only ballot papers, which have already been printed, will be thrown away. That means that £350,000 will have been spent on creating waste paper.

I share the Electoral Commission’s view that rules relating to any elections should be clear at least six months before the election. The commission has already told the Government of its concerns and about the unacceptable lateness of the Welsh ballot forms order that we are now considering. Indeed, in a letter of 28 September from Jenny Watson, the chair of the Electoral Commission to the Minister, Damian Green, she said:

“No draft legislation vital to the conduct of an upcoming election should be made only 16 days prior to polling day after candidate nominations have opened. In this case, the legislation is likely to be made only just before postal votes are dispatched, with the result that there will be significantly increased costs for the public purse”.

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[Lord Taylor of Holbeach]

Well, I thank the noble Lord for that support. This has been a stimulating and useful debate. It has given me the opportunity to inform the House and to some degree clear the air on some of the issues that have been raised, and I know they have been raised with some considerable passion.

As we know—and with this being a shared objective of all noble Lords who have spoken—the order will ensure that voters in Wales will have the opportunity to mark their vote bilingually. The House’s support of this measure means that it can be done in Welsh and English and both languages will have full parity.

Noble Lords can be assured that throughout this process the Government have consulted with the Electoral Commission and returning officers. As noble Lords will know, these are independent officers acting within local authorities, running the election, in developing the design of the ballot papers and the mechanics of delivering a Welsh and English bilingual ballot paper for the electors in Wales.

I should make it clear to the noble Lord, Lord Touhig, who I think had expected to find a Welsh Minister here today, that no criticism should be made of the Wales Office; the Home Office is the responsible organisation. As the noble Lord, Lord Rosser, made quite clear, the Home Office is responsible for conducting this election. The focus of the issue should be directed to the Home Office. It is indeed the Home Office’s intention to ensure that we have a long-term way of dealing with the Welsh language element of elections. As noble Lords will know, currently this requires a separate order from the general secondary legislation that is required to bring about publication of other forms.

The Law Commission is investigating the whole question of elections. Although it will take some time for the Law Commission to report, it is the Government’s intention to respond to that. It may well be that in future it will not be necessary to keep coming back for each election. I remind noble Lords that for the previous general election, the Government had to bring in a special order in April for the May 2010 election for exactly this issue: to produce a bilingual ballot paper. The process is complex, to the extent that we need to ensure that we have the form of the election material right in the English language before we seek to translate it into a Welsh or bilingual format. This has been a more convoluted process than noble Lords might at first think.

[Lord Elystan-Morgan]

Is there any good reason why translation from English into Welsh should not be the exclusive purview of the Welsh Assembly? That would avoid all these complications, would it not?

[Lord Taylor of Holbeach]

That will have to be for future legislators to consider. It is certainly not possible under current law. As I have explained, the responsibility lies with the Home Office to deliver these elections in England and Wales. The noble Lord, Lord Elystan-Morgan, showed a great deal of understanding about the complexity of statutes under which Welsh language elements of elections have to be conducted. He mentioned the two statutes and the complexity of the issue. I thank him for his understanding of that matter.

A number of noble Lords, including the noble Lords, Lord Wigley and Lord Rosser, mentioned the cost of £350,000. That is within the £75 million budget, and it will not cost any additional money nor extend the budget for these elections. It is within the contingencies that noble Lords have mentioned.

We take the Welsh language very seriously. I am an English-speaking Englishman who has to receive any part of the Welsh language culture second-hand. However, I appreciate it enormously. It enhances all our lives that we have a second living language spoken in these islands. It is greatly to our advantage and is one of the reasons why we support, in any way that we can, opportunities for Welsh speakers to express themselves in their Welsh language. Indeed, as I said, they can take the oath in Welsh if they wish on achieving office.

[Lord Wigley]

We all appreciate the noble Lord’s positive words towards the Welsh language and our heritage that goes with it. On the lessons to be learnt from these mistakes—I am sure he would accept that there have been mistakes somewhere, otherwise we would not be in this position—will there be an opportunity for the Home Office to review how they deal not just with Welsh language matters but with matters relating to Wales where there is an overlap with the National Assembly, such as the interface between crime and social services and the way in which they work with the devolved Administration, to make sure that we do not get into this mess again in any context?

[Lord Taylor of Holbeach]

I implied in my response so far that the key lies in getting mechanisms whereby some of these things that have required separate consideration by Parliament are automatic and part and parcel of the process. The translation of election material into the Welsh language is something that the Law Commission should be looking at. How that is delivered is a matter for the Government and Parliament to consider when the Law Commission eventually reports on elections. However, one lesson that comes out of this is that it gives us an opportunity to look at how we do these things in the future. I am grateful for that aspect of the debate, which has overridden, I hope, some of the other aspects of the debate that have not perhaps been quite so positive in the assessment of the Government’s intentions.

The Electoral Commission is right that we should take whatever steps we can to make sure that this order comes into effect by 31 October. That is the point at which returning officers can start to send their postal voting packs to voters. They cannot send them before. I hope that noble Lords will support this order and then I am sure that these voting packs will go out by 1 November.

There will be opportunities for us to look at this issue in the future and I thank noble Lords for their contribution to the debate today. I hope this order will have the support of the House and I commend it.

Motion agreed.

Statement of Changes in Immigration Rules

Lord Taylor of Holbeach Excerpts

Tuesday 23rd October 2012 Lords Chamber

The changes will not, as the Home Secretary has acknowledged, mean big differences in terms of a reduction in migration so I close by repeating my call for migration statistics to be—if I can put it this way—migrated to the Office for National Statistics.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, I welcome this debate. The Motion tabled by the noble Baroness, Lady Smith, has given us an opportunity to debate this matter in this House. It has been a good debate and a lot of very interesting aspects of these rules have been raised. I am sure that noble Lords will not expect me to comment on individual cases. My noble friend Lady Hamwee did me a good turn by referring to the complexity of the rules because they are indeed extremely complex. If I fail to cover particular aspects of the points made and questions asked, I hope that noble Lords will forgive me if I address them in correspondence after the debate.

These new rules are a major reform of the requirements for family migration by people of non-European Economic Area nationality. They form part, as noble Lords have said, of the Government’s overall programme of reform of all routes of entry into the UK. The new family rules have three aspects, and I thank my noble friend Lady Browning for her welcome of these three aims. My noble friend Lord Teverson pointed out that the coalition has taken a different view from his own. I accept that but I think he will agree that the coalition is being consistent in its approach of this vexed problem of immigration.

I would also like to thank the noble Baroness, Lady Smith, for her general support of elements of these rules. First, they tackle abuse; for example, by extending from two to five years the probationary period before partners can apply for settlement to test the genuineness of the relationship concerned. My noble friend Lady Hamwee questioned that, but I believe that it is a reasonable expectation which should help to deter applications based on sham marriages.

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[Lord Avebury]

My Lords, if that is the case, why have the Government refused to take into account the income provided by the spouse? Surely, if the £18,600 figure is sufficient to ensure that recourse to public funds is not on the cards, then that £18,600 should apply to the joint incomes, not to the income of the sponsor.

[Lord Taylor of Holbeach]

That is the decision that was made. The Migration Advisory Committee was asked to look at the amount of money that a couple would require on the single income—the sponsor’s income. Indeed, it is the sponsor’s income that is vital to understanding this case.

My noble friend also asked how the capital should be dealt with. As pointed out by my noble friend Lady Hamwee, the multiplier is two and a half times the shortfall in income, and that, too, I believe, came from the same recommendation from the Migration Advisory Committee.

[Baroness Hamwee]

My Lords, while the Minister is on that point, it would be helpful to the House if after today we could have an explanation of what lies behind both that action, which is less of an issue because it is a judgment, and my noble friend’s question about why a spouse’s income is disregarded. Indeed, one could add to that the question of why support from a third party, such as a parent of one of the spouses who would be prepared to guarantee the income, which I am sure is not uncommon, should be disregarded. What lay behind those decisions? What was the rationale? I do not expect the Minister to answer that now.

[Lord Taylor of Holbeach]

It would be much easier for me if I could inform myself before I sought to inform the House on that issue. I have stated the position as I know it to be, without knowing fully the policy development that led to that conclusion.

There has been criticism of the fact that there is no regional variation but, once people are in this country, they are free to move wherever, and it was felt that there could be great difficulties if a regional variation were permitted for that very reason.

The noble Baroness, Lady Smith, expressed concern about what will happen to people who lose their jobs. We will expect a migrant to be able to meet the same financial threshold when they apply for further leave but, once the migrant is in the UK, we count any income that they earn, as well as money from their sponsor, towards the threshold. That is an important response to the question raised by my noble friend Lord Avebury. In some circumstances, we will allow the migrant to continue at a lower rate on a longer route to settlement to allow that transition to take place. Both the noble Baroness and my noble friend asked about prospective earnings and I will seek to answer that in correspondence, as I promised.

We have also built significant flexibility into the operation of the threshold—for example, by exempting sponsors in receipt of certain disability-related benefits or carers’ allowance. I was asked specifically by the noble Baroness, Lady Smith, about the Armed Forces. The Armed Forces are exempt from these rules.

The noble Baroness, Lady Lister of Burtersett, felt, as did several noble Lords, that the rules were not sufficiently focused on children. We understand the importance of the statutory duty, which goes back to the Borders, Citizenship and Immigration Act, to safeguard and promote the welfare of children in the UK. That is why we have reinforced our approach by bringing consideration of the welfare or best interests of children into the Immigration Rules. After all, the best interests of the child will normally be met by remaining with their parents and returning with them to their country of origin, subject to considerations such as long residence in the UK, their nationality and any exceptional factors. The new rules lay out a clear framework for weighing the best interests of the child against the wider public interest in removal cases.

The minimum income requirement that we have introduced is, I believe, the most effective way to protect taxpayers and deliver fairness in respect of family migration to the UK. I invite the noble Baroness, Lady Smith, to reflect on my response.

Slavery

Lord Taylor of Holbeach Excerpts

Thursday 18th October 2012 Lords Chamber

[Baroness Hamwee]

To ask Her Majesty’s Government what steps they are taking, to coincide with Anti-Slavery Day, to raise awareness among relevant agencies and the general public of the possibility that individuals they encounter may be the subject of modern slavery.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, I am sure the House will be aware that today is Anti-Slavery Day, which is an important day. However, human trafficking is not just a one-day issue. As the activity of the interdepartmental ministerial group on human trafficking shows, the Government are not complacent, and cannot be in the light of today’s report. The Government are committed to tackling this issue on a continuing basis.

[Baroness Hamwee]

My Lords, I welcome the publication of the report, which shows that increasing numbers are being detected. That may of course be because increasing numbers are being reported. There is a widespread view among people that trafficking does not happen in their neighbourhood. What advice do the Government give if one suspects that a man working in a restaurant or a young woman working in a nail bar is the victim of trafficking?

[Lord Taylor of Holbeach]

They should report any suspicions of trafficking to the authorities: either the police or their own local authority. There is a lot of cross-agency working to tackle this issue. I think the noble Baroness is correct: this is an increasing problem and one that will need increasing effort to try to contain.

[Lord West of Spithead]

My Lords, 17,000 Royal Naval sailors died suppressing the slave trade. Indeed, in 1966, as a midshipman I was on a small coastal minesweeper that arrested a slaver. I am sure that the Minister would like to make sure that this fact is known globally as well as within certain parts of our own community. In celebrating Anti-Slavery Day, perhaps he would wish well the celebration this weekend of the 207th anniversary of Trafalgar and the death of Admiral Lord Nelson.

[Lord Taylor of Holbeach]

The noble Lord gives me a tall order but one on which I am happy to oblige. Of course, we celebrate Trafalgar and indeed Lord Nelson’s contribution to that victory. This country has been at the fore in seeking to tackle slavery, but our history has different shades on this issue. It is very important that we recognise it as a global problem today. That is why we are working abroad in India and the Asian sub-continent to help to make sure that modern slavery still does not happen in these times.

[Baroness Williams of Crosby]

My Lords, can the Minister assure us that in the negotiations on the repatriation of some elements of the European Union directives on joint home affairs and justice issues, our Parliament and our Government will give special consideration to making sure that all the orders affecting slavery or trafficking will be very carefully considered before they are repatriated? The straightforward reason is that all the evidence on trafficking is that it is Europe-wide, indeed worldwide, and is not restricted to this nation.

[Lord Taylor of Holbeach]

My noble friend is right to point out that this is a Europe-wide issue, which is why co-operation is directed Europe-wide. There is a directive to which we are fully signed up, and we will work together with our European colleagues to make sure that we tackle this crime, which is pan-European and in which this country has a vested interest in trying to repress.

[Baroness Corston]

Will the Minister accept that nearly 20 years ago, when I was a Member of the other place, I had a constituency case involving a young woman who had been brought into this country allegedly as a servant by a wealthy family? She had been kept for two years as a slave. I do not believe that it was an isolated incident. What measures do the Government take to ensure that families who bring servants into this country from overseas are treating them as employees and not as slaves?

[A noble Lord]

Good question.

[Lord Taylor of Holbeach]

I heard a voice say, “A good question”, and it is indeed a good question. It is an abuse that is a form of slavery, which this Government cannot tolerate. Let us be clear; this is not an easy area. Those involved in trafficking can be cunning and deceitful, and there is widespread use of false documents and fraudulent job offers. We need to be clever in the way in which we handle the issue, which is why we are using information and intelligence to catch these people and why cross-agency interaction is so important.

[Baroness Young of Hornsey]

My Lords, can the Minister tell the House whether his department has any intention of introducing independent monitoring to make sure that the cutting of red tape in small businesses and commercial organisations does not impact on the progress that we have made so far in cutting down trafficking and slavery?

[Lord Taylor of Holbeach]

I am the Minister in the Home Office responsible for the red tape challenge, so I will bear that point in mind. It is a challenge within the Home Office because, in essence, we are a regulatory department. We would want to do nothing that made the risk of human trafficking the greater.

[Lord Whitty]

In view of that context and the figures on trafficking for labour in the paper this morning, will the Minister please assure us that there will be no further restriction on the role or resources of the Gangmasters Licensing Authority, and indeed that its scope will be improved by extending it into other sectors?

[Lord Taylor of Holbeach]

I do not know whether I can say that there will be no change to the scope of the Gangmasters Licensing Authority. The noble Lord will know that forestry workers have already been taken out of scope. Indeed, the reforms of the Gangmasters Licensing Authority, which fall more under my previous brief than the current one, pose a new challenge to the organisation to focus on areas with the greatest risks, and this is one of them.

Police: Strike Action

Lord Taylor of Holbeach Excerpts

Thursday 18th October 2012 Lords Chamber

[Lord Blair of Boughton]

To ask Her Majesty’s Government what assessment they have made of the decision by the Police Federation of England and Wales to ballot their members on whether the legal prohibition on police officers taking strike action should be repealed.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, the Home Secretary has been clear that police officers cannot strike, and that is not going to change. As a civil emergency service it is vital that the service is able to discharge its duty to protect the public and to keep the peace at times of serious national and local disorder.

[Lord Blair of Boughton]

My Lords, I thank the Minister for that Answer, with which I agree. However, I am more concerned to know how we got to this place. I should point out to the House for the avoidance of doubt that this Question was laid down before the imbroglio concerning the Chief Whip in the other place came either to my notice or to public notice. My supplementary question is in three brief parts. First, in 93 years this is the first time that the Police Federation has balloted its members: does the noble Lord believe that that indicates a breakdown in trust between the Police Service of all ranks in England and Wales and the Government? Secondly, whether he believes that or not, does he accept, as I do, that a substantial number of police officers believe that there is a breakdown in trust? Thirdly, what are the Government going to do about it?

[Lord Taylor of Holbeach]

The Government do not underestimate the strength of feeling among officers at the moment. The Home Secretary and the policing Minister regularly meet with representatives of the Police Federation, the Police Superintendents’ Association and members of the Association of Chief Police Officers to discuss ways of tackling this issue. We are looking of ways in which we can ensure a greater input from officers of all ranks in policing matters. We will continue to engage with police officers and staff to ensure that their opinions help shape future policing policies.

[Lord Rosser]

My Lords, does the Minister accept that whatever the outcome of the ballot, it will be a fair and valid expression of the views of Police Federation members, and particularly so if the turnout is higher than in the forthcoming ballots for police and crime commissioners? Can he also give an assurance that any government response to the outcome of the likely Police Federation ballot will not be given by the Government Chief Whip in the House of Commons for fear that he uses the kind of language he normally reserves for addressing on-duty police officers?

[Lord Taylor of Holbeach]

I am sorry about and rather disappointed by that question. The relationship between government and police is clearly very important, and we are aware of the difficulties at this particular time. I think we all recognise that this is a period of change for the police. The Government want to engage in particular with the Police Federation, because it is holding the ballot, and with all sections of the police force to see a new era for policing that brings the police fully into the modern era.

[Lord Mackay of Clashfern]

My Lords, where there is an obligation on a service not to strike, is it not important to have respected mechanisms in place for fixing the terms of service for that particular service? Could the Minister direct attention to that aspect for the Police Federation to consider rather than striking? I think it would be much more constructive to look at whether better arrangements could be made for the adjustment of terms of service than perhaps exist at the present time.

[Lord Taylor of Holbeach]

Yes, there is a tribunal which considers these matters and, indeed, there are issues before it at the moment. I think that today is the first day on which it is taking evidence. There is a mechanism in place for resolving these issues, but there is also an argument which I think the Government should not be afraid of putting to the police force. The Tom Winsor proposals give the police an opportunity to improve their flexibility of working, for improving pay scales so that there is a better step up from constable to sergeant, and making sure in many ways that the pay structure for the police force, which was set up 30 years ago, is fit for purpose today.

[Lord Mackenzie of Framwellgate]

My Lords, when the right to strike was removed in 1919, it followed large-scale disorder on the streets of the United Kingdom and by implication recognised the very special position that the police service was in. Does the Minister agree that the special case for the police—the X factor if you like—should always be borne in mind when the Home Secretary is deciding issues concerning the police?

[Lord Taylor of Holbeach]

My answer to that is yes.

[Lord Hurd of Westwell]

My Lords, in view of the line unfortunately taken by the Front Bench opposite, would it not be a good idea if all parts of this House sent out a clear message that the inability of the police to strike, far from being an oddity compared with others, is an essential part of the relationship between the police of this country and the public? Is that not the essence of this matter, whatever the purpose of the ballot might be?

[Lord Taylor of Holbeach]

I thank my noble friend for a positive contribution which takes the debate forward. As I think I have expressed, the Government are anxious to make sure that the relationship is a good one. We are not alone in our relationship with special groups of people. The Prison Service and the armed services also have prohibitions on striking. We recognise the importance of our relationship with the police service.

[Baroness Doocey]

My Lords—

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[Baroness Doocey]

My Lords, do the Government accept that when they reform provisions for long-term sickness, a distinction must be made for police officers who have been injured in the line of duty so that they are not unfairly penalised?

[Lord Taylor of Holbeach]

That extends the Question a little further than my brief. We recognise that the retirement age for the police will remain at 60, even under the renewed proposals; it will not be made the same as for others. Everybody realises that it is a stressful job that can involve physical hazards. I appreciate the supplementary question, but I am sorry that I cannot comment in detail on it.

Extradition

Lord Taylor of Holbeach Excerpts

Tuesday 16th October 2012 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, with the leave of the House, I shall repeat a Statement made earlier today by my right honourable friend the Home Secretary. The Statement is as follows:

“With permission, Mr Speaker, I would like to make a Statement about the case of Gary McKinnon and the Government’s response to Sir Scott Baker’s review of our extradition arrangements.

I will turn first to Mr McKinnon’s case. I should explain to the House that the statutory process under the Extradition Act 2003 has long ended. Since I came into office, the sole issue on which I have been required to make a decision is whether Mr McKinnon’s extradition to the United States would breach his human rights.

Mr McKinnon is accused of serious crimes, but there is also no doubt that he is seriously ill. He has Asperger’s syndrome and suffers from depressive illness. The legal question before me now is whether the extent of that illness is sufficient to preclude extradition.

As the House would expect, I have very carefully considered the representations made on Mr McKinnon’s behalf, including from a number of clinicians. I have obtained my own medical advice from practitioners recommended to me by the Chief Medical Officer. And I have taken extensive legal advice.

After careful consideration of all of the relevant material, I have concluded that Mr McKinnon’s extradition would give rise to such a high risk of him ending his life that a decision to extradite would be incompatible with Mr McKinnon’s human rights. I have therefore withdrawn the extradition order against Mr McKinnon. It will now be for the Director of Public Prosecutions to decide whether Mr McKinnon has a case to answer in a UK court. This has been a difficult and exceptional case and I pay tribute to all the Home Office officials and lawyers who have worked on this case over the years.

Extradition is a vital tool. In a world where criminals and crimes can easily cross borders, it is vital, in the interests of justice and public protection, that criminals cannot avoid justice simply by sheltering behind a border. But concerns about the working of our extradition law have grown over recent years. There has been public concern about the extradition regime operating in the European Union—the European arrest warrant—and about the extradition arrangements outside the EU, principally with the United States. That is why in September 2010 I commissioned a review into our extradition arrangements. That review was undertaken by Sir Scott Baker—a former judge in the Court of Appeal—and a distinguished and expert panel including David Perry QC and Anand Doobay. I am extremely grateful to them for the professional and thorough way they went about their work. Nobody who has read their near 500-page report can be anything but impressed by the depth and clarity of its analysis. At the same time, there has been considerable parliamentary interest in extradition. In a debate last December, Parliament agreed unanimously that it believed there were problems with both our US and EU extradition arrangements. In coming to a decision on how the Government should respond to the Baker review I have taken full account of the review’s recommendations as well as the views of Parliament.

Yesterday, I announced that the Government’s current thinking is that we will opt out of all pre-Lisbon treaty police and criminal justice measures. The Government will give very careful consideration to these measures, including the European arrest warrant, and will then seek to opt back into those individual measures where it is in our national interest. The European arrest warrant has had some success in streamlining the extradition process within the EU but there have also been problems. There are concerns in particular about the disproportionate use of the European arrest warrant for trivial offences and for actions that are not considered to be crimes in the UK. There are also issues around the lengthy pre-trial detention of some British citizens overseas. We know these concerns are shared by other member states. We will therefore work with the European Commission and with other member states to consider what changes can be made to improve the EAW’s operation. I believe this is necessary to ensure that the EAW provides the protections that our citizens demand.

There are also concerns about our extradition arrangements with countries outside Europe. A key reason for the loss of public and parliamentary confidence in our extradition arrangements has been the perceived lack of transparency in the process. I believe extradition decisions must not only be fair, they must be seen to be fair and they must be made in open court where decisions can be challenged and explained. That is why I have decided to introduce a forum bar. This will mean that, where prosecution is possible in both the UK and in another state, the British courts will be able to bar prosecution overseas if they believe it is in the interests of justice to do so.

I have been conscious, however, of Sir Scott Baker’s concern that the introduction of the existing forum legislation would lead to delays and satellite litigation. So, rather than commence the existing provisions, as soon as parliamentary time allows I will bring forward a new forum bar which will be carefully designed to minimise delays. In parallel, the Director of Public Prosecutions will independently publish draft prosecutors’ guidance for cases of concurrent jurisdiction, and a bilateral protocol governing the approach of investigators and prosecutors in the UK and the US is being updated alongside this guidance.

Turning to the United States/United Kingdom extradition treaty, I agree with the Baker review that our arrangements are broadly sound and that the treaty brings benefits to both of our countries. Less than two weeks ago, for example, we saw the extradition to America of Abu Hamza and four other terror suspects. Although there is a perception that the evidence tests used by the US and the UK—probable cause and reasonable suspicion respectively—are unbalanced, Sir Scott Baker found that there is no significant difference between those two tests.

I have also accepted the Baker review’s recommendations that a prima facie evidence test should not be reintroduced for those countries where it is not currently required. The courts are already able to subject requests from all countries to sufficient scrutiny to identify and address injustice or oppression. Reintroducing prima facie evidence would be likely to lead to further delays. It is absurd to propose that we should require prima facie evidence from countries such as the United States, Canada and Australia when we do not require such evidence from other countries with far less mature judicial systems.

I also agree with the Baker review’s recommendation that the breadth of the Home Secretary’s involvement in extradition cases should be reduced. Matters such as representations on human rights grounds should in future be considered by the High Court, rather than by the Home Secretary. This change, which will significantly reduce delays in certain cases, will require primary legislation.

Finally, I propose to reduce delays in the extradition system in the light of the recent extradition of terrorist suspects to the United States. In addition to the measures that I have just announced, the Government will look further at proposals in the Baker review to introduce a permission stage for appeals to the UK courts. We will work closely with the European Court of Human Rights on a programme to reduce the wholly unacceptable delays which have occurred there. We have also been considering how we can reduce delays in the deportation of foreign nationals who pose a threat to our national security. There is scope for reforming rights of appeal, streamlining the stages, expediting cases through the court and looking again at the provision of legal aid for terrorist suspects.

As Sir John Thomas, the judge in the Abu Hamza case, said, it is in the overwhelming public interest that our extradition arrangements function properly. They must also be fair. We must balance strong safeguards for those accused of cross-border crimes with assurance that justice will be done. That is the Government’s aim, that is what our proposals will produce and I commend this Statement to the House”.

My Lords, that concludes the Statement.

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[Lord Taylor of Holbeach]

I thank the noble Baroness, who has been very generous in her welcome for this Statement. Indeed, I welcome her support on a number of the issues that she refers to. Perhaps I can help her on those specific questions that she asked me. The latest medical report that the Home Secretary received, which enabled her to come to this decision, was a review of other reports. It was not a report on or an examination of Mr McKinnon but a fresh report on the evidence that was available to the Home Secretary. I hope that that helps the noble Baroness.

I am very grateful on a number of issues. The Baker review recognised that one of the most difficult issues facing Governments on extradition was the delay in the process. Much of what the Government are seeking to do with the new arrangements on extradition that we intend to negotiate and put into place is meant to reduce delay. On the forum bar, for example, we know that it is going to be a different arrangement from that laid down in the 2006 Act, which was introduced by the previous Government but actually promoted by opposition Benches at the time. Clearly, that will not be fit for purpose for what we now see as the important issue of ensuring that the process is both fair and speedy. If I may say so, it would be good—I know that the Home Secretary welcomed this in the other place—to have cross-party co-operation on the construction of new arrangements for the forum bar.

The question of cybercrime was also raised in another place. I reassure the House that the Government are working with other countries on cybercrime; it is an international crime and clearly fits in closely with issues of extradition and the forum for the hearing of cases so that justice can be done and this insidious crime can be dealt with properly, in both the national and international interest.

On the European arrest warrant, yes, there is an ongoing review, as the noble Baroness implied. There are aspects of that warrant that are extremely useful, and none of us in government wishes to suggest otherwise. However, the previous Government made arrangements whereby we could deal with some of these matters by a withdrawal from the pre-Lisbon sections involving these things to enable us to renegotiate the details. We intend to do that in parallel with a number of other countries that share these concerns, and we do not see this as being a negative process at all. It is about making the European arrest warrant much more fit for purpose, introducing some proportionality into the issue, trying to avoid triviality and ensuring that there is no unnecessary delay in the process.

[Baroness Stowell of Beeston]

My Lords, I am grateful to the clerk for not starting the Clock so I do not eat into any of the precious time available to noble Lords on the Statement today. I know that there will be great demand to contribute today and that my noble friend will want to respond to as many noble Lords as possible. Because of that, I am sure that the House will find helpful if I remind noble Lords how the Companion guides us on Statements. The point that it makes is that this is an occasion for brief comments and questions.

[Lord Lloyd of Berwick]

My Lords, I must express some surprise that this seems to be the first occasion on which the Government have expressed gratitude in any public way for the excellent report by Sir Scott Baker on the subject of extradition. Perhaps the Minister might remind us of the date of that report.

Like opting out of pre-Lisbon police and criminal justice matters, which we discussed yesterday, extradition is a subject that has been surrounded by myths. I had hoped and indeed thought that those myths had been dispelled by Sir Scott Baker’s report. I am therefore particularly glad that the Government have at long last accepted his view about the alleged inequality between United Kingdom and United States extraterritorial arrangements, so I hope that we will hear no more about that particular canard. However, I am disappointed that the Government are differing from Sir Scott Baker on the question of a forum power. Does the Minister not agree that if a suspect can be prosecuted in two or more countries, the essential question is where he can best be prosecuted—that is, where he is most likely to be convicted if guilty? In almost every case, that depends on where the bulk of the evidence is. Does the Minister not agree that that is a question that is best decided by the prosecuting authorities in the two countries involved, not by Parliament?

[Lord Taylor of Holbeach]

I thank the noble and learned Lord for his reinforcement of the esteem with which Sir Scott Baker’s report was received. As the noble and learned Lord will know, it was presented a year ago in 2011. I think it is right that an issue as complex as extradition is properly considered, and I think that if the Government disagree with Sir Scott Baker, they have done so because they have considered the issues that the report raised. The noble and learned Lord implied that perhaps the most important thing is the place in which there is the maximum chance of a conviction being achieved. There is also a matter of justice. Justice requires that people are tried where justice may be seen to be done. It will be for the courts to judge this matter. A Home Secretary will not deal with this matter. I believe the courts in this country are quite capable of determining that.

[Baroness Hamwee]

My Lords, this is a welcome Statement. Does my noble friend agree that it is welcome in part because it confirms the importance and relevance of human rights in our law, and that they are not something foreign that is nothing to do with us? The Minister referred to the interests of justice in the question of the forum. Does he agree that that may also raise questions about the burden of proof and prima facie evidence, which were somewhat contentious with regard to the Baker report? Can he confirm that he will use all the expertise of this House, notably on the Cross Benches, as well as in the parties? The Minister referred to parties, but I hope he will agree that in this House “parties” means all sides of the House because there is a lot to contribute on this very difficult issue.

[Lord Taylor of Holbeach]

I thank my noble friend for that very important reminder that this House has an enormous asset in the Cross-Bench contributions, particularly from the noble and learned Lords who sit on them. Nobody, not even the Government, is going pass up the opportunity of free legal advice. I am sure that noble Lords will be very carefully listened to on the matters that have been raised. The Government recognise the complexities of the issue, but we feel that there is now an opportunity to change the arrangement and rebuild public confidence that extradition is properly and transparently conducted. It has been troubling the wider electorate, and this is an opportunity to put it right.

[Baroness Browning]

My Lords—

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[Baroness Browning]

My Lords, I refer to my interests in autism listed in the Members’ register. I welcome this Statement today about Gary McKinnon, but will my noble friend agree that the Home Secretary had the advantage of seeing medical reports from psychiatrists who have a working knowledge of Asperger’s syndrome, which made an enormous difference to the decision that she has made today? Over the past few years, I have had the privilege of reading Gary McKinnon’s medical reports. On moving decision-making from the Home Secretary to the High Court, will my noble friend discuss with his colleagues in the Ministry of Justice the need also for courts to be much more particular about where they source and commission such medical reports? The difference between a generalist psychiatrist assessing Asperger’s syndrome and those who have a working knowledge of it is the difference between justice and injustice.

[Lord Taylor of Holbeach]

I thank my noble friend for raising Asperger’s and autism in general, conditions which are extremely complex and difficult. She has been prominent in bringing that to the attention of Parliament. I am only too grateful to take her advice and recommendation, and to pass that on to colleagues in the Ministry of Justice.

[Lord Morris of Aberavon]

I welcome the reduced involvement of the Home Secretary in human rights cases and in the kind of case with which we are dealing. It is usually a sound step, and the perception as well as the reality of political involvement is reduced. Hence, I welcome it. However, will the Minister indicate what is meant by a significant reduction in “delays in certain cases” by transferring these matters from the Minister to the courts?

[Lord Taylor of Holbeach]

I thank the noble and learned Lord for that question. It is quite overt that in a number of instances, there have been considerable delays. The main thrust of our changes will be to try to expedite the legal process. The process will be speeded up by retaining cases within the legal system and not bringing them back into the political system. I hope that I have been able to answer him.

[Lord Pannick]

Does the Minister accept that delays have been caused primarily by Strasbourg rather than London? Will he express agreement with the views of the Lord Chief Justice last month that these delays would make any reasonable person furious? Will the Minister share with the House the communications that the Government have had with the European Court in Strasbourg, expressing concern as to those delays? I should also declare an interest in that I was counsel for Mr McKinnon during an appeal to the Appellate Committee of this House.

[Lord Taylor of Holbeach]

I thank the noble Lord. The question from the noble and learned Lord, Lord Morris, was about delays in the normal process and not about delays in the European Court of Human Rights in Strasbourg. I hope that I understood that correctly. Perhaps I may inquire about correspondence with this Government to see whether it is possible to release any of that for the noble Lord. If so, I will place a copy in the Library.

[Lord Hodgson of Astley Abbotts]

My Lords, I need to begin by declaring an interest as a trustee of Fair Trials International. I congratulate my noble friend and the Government on having introduced a forum bar. It will end the unattractive process of forum shopping, which is a search for judicial procedures that offer the greatest chance of conviction and the highest possible penalties. When the Government come to examine and review extradition arrangements, could they make sure that they include opportunities for common bail procedures and access to interpretation? Very often people operating overseas are unable to understand of what they are being accused, and access to interpretation is a critical part of their access to justice.

[Lord Taylor of Holbeach]

I am not in a position to comment in detail on those particular points, but I thank my noble friend for those suggestions. They will be borne in mind as we undertake a review of the process.

[Lord Davies of Stamford]

An important point was made by my noble friend on the Front Bench that goes to a matter of elementary competence. Have not the Government put themselves in a quite ridiculous position, announcing that they wish to renegotiate the regime for the European arrest warrant and almost in the same breath that they intend to withdraw from the whole structure of justice and home affairs in the European Union? You do not have any influence on the rules of a club if you have announced in advance that you intend to leave it. As for opting back in, we should then be asking our EU partners to do us a favour. In that position we would have no leverage at all in changing the rules. Is that really the Government’s best idea of how to conduct an international negotiation?

[Lord Taylor of Holbeach]

I am not sure whether the noble Lord was in the Government or the Opposition when the then Government introduced this provision within our statute law. It provides us with an ideal opportunity to work alongside our European partners and with the Commission to seek a change in the European arrest warrant, which we are not alone in seeing as very useful and important but none the less deficient. The procedure for doing that is to give notice that you intend to withdraw and then to seek to reapply on the terms of the revised arrangements. That is perfectly straightforward. It was discussed yesterday after the Statement repeated by my noble friend Lord McNally, and I do not see any difficulty whatever. I am surprised that the noble Lord makes the point that he does.

[Lord Maginnis of Drumglass]

My Lords, I thank the noble Lord for having repeated the Statement in this House. He will recall the almost innumerable times that I have raised the issue about Gary McKinnon. Despite the fact that we have had a good outcome today, it is quite concerning that it has taken 10 years to get to this stage; and the best that we can get now that we have decided we are not going to extradite him is that at some undefined stage in the future this matter may come before our courts. What does that mean? Is that going to be another 10 years for this young man who suffers from Asperger’s syndrome, the autism spectrum disorder? I chaired an independent review of autism services in Northern Ireland, and I know the strain with which not just the sufferers of the autism syndrome but their families have to live. I implore the Minister to ensure that on top of this Statement this House gets an early indication of the final outcome.

Finally, I note that in line with the Baker review, the Home Secretary’s involvement in extradition cases should be reduced. On a general principle, this suggests to me that we are moving more and more towards government by caucus. There are some 600 Back-Benchers in the other House and some 800 noble Lords in this House. We want to have direct access to government, not access by proxy to some delegated power that we cannot identify.

[Lord Taylor of Holbeach]

The noble Lord will know that separation of powers is an important part of our constitution. The Home Secretary is saying that this particular power belongs more properly in the judicial process. I think the sentiment around the House suggests that she has that issue right. On the question of Mr McKinnon and what happens to him now, he will be able to apply for release from his bail conditions but it will be for the Director of Public Prosecutions to decide whether he should be tried in the UK. That is not a matter for government.

[Lord Jones of Birmingham]

Will the Minister shed some light on an aspect of the Statement? I am not a learned Lord but I was a practising lawyer for 20 years and I was always taught that one is innocent until proven guilty and should be treated as such. I refer to extradition to the United States on a whim whereby a businessman or businesswoman can now languish in a jail in America without transparent evidence having been provided. They are then pressurised to enter into a plea bargain on the basis that the case will go all the way to trial. They are not granted bail as they are treated as a security flight risk because they had the temerity to fight extradition. They are in a cell and are told, “All this can go away. All you have to do is plead guilty. You can get two years, two years at home in an open prison after that and this can all go away. Or you can sit here in a jail in America while we get the case together over something like two to three years. You will get no costs for your defence. If you are found guilty, you will go down for 30 years and you will never see home again”. The person concerned has had no evidence presented against him that has been tested in any way, shape or form in a transparent open court of law on either side of the Atlantic. I would welcome the Minister shedding some light this afternoon on how that situation is the pursuit of justice of which he speaks.

[Lord Taylor of Holbeach]

I am not in a position to comment on the judicial procedure in the United States. It is a sovereign country and makes its own laws and conducts its own affairs. Having said that, the noble Lord will appreciate that this country has good and close relations with the United States; indeed, its legal system is founded on our common law. Therefore, we have a shared purpose. Scott Baker managed to show that there was no substantial difference between the test that was applied in a US court for extradition to this country and that which was applied in a UK court for extradition to the United States. He came to the conclusion that it was a reasonable arrangement that fitted with the legal processes in both countries. We are not aware of any extradition cases in the United States where somebody has waited three years for their case to come to trial.

Police and Crime Commissioners: Elections

Lord Taylor of Holbeach Excerpts

Thursday 11th October 2012 Lords Chamber

[Baroness Smith of Basildon]

To ask Her Majesty’s Government what assessment they have made of the likely turnout in the elections for police and crime commissioners.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, the election of police and crime commissioners will be one of the most significant democratic reforms of policing in our lifetime. We want and encourage everyone to have their say and we are confident that come 15 November the public will not only be aware of the elections but will have the information that they need to make their choices.

[Baroness Smith of Basildon]

My Lords, I welcome the noble Lord, Lord Taylor, to his new role at the Dispatch Box and look forward to many long and interesting discussions with him. However, I found his Answer somewhat disappointing. The Reform Society fears an 18.5% turnout for these elections. That is not surprising, given that the elections will be held in November when it is cold, wet and dark, and that the candidate information has been made available online instead of in the normal leaflets for every household, as in similar elections. May I press the noble Lord on this point and ask him what level of turnout he would accept as evidence that the Government have respect for the police and the candidates and that this is a serious policy and not something dreamt up on the back of an envelope?

--- Later in debate ---

[Lord Taylor of Holbeach]

The noble Baroness is very kind in her welcome, and I am grateful for that. The whole point of the information campaign is to make sure that the public are in a position to make a proper choice. For this election, the Home Office is setting up a website on which all candidates will be able to post an election address—and, if they wish, there is a call-line as well. All this information and the contacts will be on the poll card. They will in a position to get a hard copy, should they wish to do so.

I am not going to answer the question about turnout. No one would do that. The success of this campaign will be in the effectiveness of the policy, which is to bring democratic accountability to the police force in a way that has not been the case up to now. I am sure that the noble Baroness supports that.

[Baroness Browning]

I welcome my noble friend to his new position at the Home Office. Would he agree with me that, if November was such a bad time to go to the polls, no political party in this country would move by-elections at that time of year, which of course they have all done? You do not hear the Americans whingeing away about how cold and wet it is in November—they go out and vote.

[Lord Taylor of Holbeach]

I thank my noble friend and predecessor in this post for making that point. The noble Baroness will be aware that future elections will be in May, when we hope that the weather will be so much more pleasant. Meanwhile, the Government and Parliament decided that they wanted these elections as soon as possible, which is why we are having them on 15 November.

[Lord Elystan-Morgan]

My Lords, the Question on the Order Paper asks how many people are likely to vote. Does the Minister not agree that perhaps a more pertinent, or even impertinent, question might be how many people should vote, bearing in mind that this ill conceived piece of legislation creates a situation in which a lay commissioner is there to interfere with the hierarchy of a disciplined service that has served this community magnificently well for a century and three quarters?

[Lord Taylor of Holbeach]

I respect the noble Lord’s point of view, but I am afraid that he has got it wrong. Police and crime commissioners are not there to interfere with the operational responsibilities of the police force. As for turnout, we do not have compulsory voting in this country; what we do have is the opportunity for people to go and exercise their vote. I am very confident indeed that there will be a good vote on 15 November.

[Lord Tomlinson]

Would the Minister agree with me that there is a fair amount of inconsistency of thought when members of the same Government justify low turnouts for important elections and yet demand of people who have nothing to do with government, such as the trade unions, that they should get 50% turnouts in their ballots?

--- Later in debate ---

[Lord Taylor of Holbeach]

I think that is a different matter altogether. Perhaps the noble Lord will forgive me if I do not comment directly on his question. We had good debates on this matter in this House, and we will be scrutinising all Home Office legislation in this House. But after all, at the end of the day, we all believe that an expression of the people’s voice is important, and I hope that Members on all sides of the House will support these elections. Indeed, there may even be candidates from this House standing in these elections.

[Baroness Hamwee]

My Lords, I, too, welcome the Minister to his no doubt uneventful and boring post. Does he agree that the positive attitude taken by those Labour politicians who are standing is the more constructive one? In other words, is it not better to talk the elections up rather than talk them down?

[Lord Taylor of Holbeach]

I am grateful to my noble friend for giving that advice to some Members on the Benches opposite who appear to have rather negative views on these elections. The candidates for these elections are first class; there will be a good choice before the electorate. The role that police and crime commissioners will play is important to bring transparency to the police in this country. That is why the Government have made changes to the law to bring about this arrangement.

[Lord Anderson of Swansea]

The noble Lord may be reluctant to give a figure but does he at least agree that there is a correlation between the turnout and legitimacy, credibility and respect?

[Lord Taylor of Holbeach]

That has not been the pattern of elections in the past. Many noble Lords will have participated in elections where turnout has been quite low. I do not believe that that will be the case in these elections. It is interesting that the electorate as a whole are not particularly aware of the role of police authorities and their relationship with police forces. This is a new opportunity to make people aware that there will be direct links between their wishes and the way in which the police force operates in their area. I think that people will take advantage of that.

[Lord Condon]

My Lords, does the noble Lord share my disappointment that very few genuinely independent candidates are standing for the post of police and crime commissioner and that the overwhelming majority of them are locally nominated political nominees?

[Lord Taylor of Holbeach]

It is premature to judge whether many independent candidates are standing. Nominations have not closed. They opened only on Monday and do not close until 19 October. Therefore, we should judge that question nearer the time. Meanwhile, noble Lords—

[Noble Lords]

Oh!

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[Lord Taylor of Holbeach]

We should judge the question when nominations have closed. We cannot say at this stage that too few independent candidates are standing. Noble Lords will understand that when they think about this question. Meanwhile, no doubt, the political parties will work to secure the return of their own candidates.

Food Security Policy

Lord Taylor of Holbeach Excerpts

Thursday 24th May 2012 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Taylor of Holbeach)]

My Lords, I thank my noble friend Lady Miller of Chilthorne Domer for tabling this debate. I also thank noble Lords for making such valuable and insightful contributions. I am delighted to respond on this important issue. I agree with the noble Lord, Lord Knight, that it is a subject to which this House should return on a regular basis.

Food security is one of the most pressing issues our global population faces, and I assure noble Lords that it is given the utmost importance by this Government. This debate has been called at an important time. As my noble friend said in introducing the debate, the Foresight report, The Future of Food and Farming, published its one-year review yesterday and just last week, as several noble Lords mentioned, the Environmental Audit Committee published its report, Sustainable Food. My noble friend Lord Caithness and other noble Lords pointed to the excellent reports by European Union Sub-Committee D. Many of the conclusions of these reports overlap with issues raised here today on food security.

We are preparing for the Rio+20 summit in June, where the world will debate how to sustain our planet. As my noble friend Lord Selborne and other noble Lords pointed out, this debate has global scope as this is a global topic. The right reverend Prelate the Bishop of Derby and my noble friend Lord Gardiner reminded us of the moral imperatives that are not only presented to us in addressing this issue on a broad scale but locally, where food security is a matter of life and death. The noble Lord, Lord Judd, spoke graphically of the situation in Africa, and it was valuable to hear from my noble friend Lady Sharp about the situation in Egypt. Food security is an issue for those involved in the G20 and G8 summits. The UK will take on the presidency of the G8 in 2013 and will ensure that this topic is at the top of the pile.

We have had a number of references to the recent prominence of this issue in your Lordships’ House. Perhaps it was the price hike of 2008, but I trace it back to the speech, which has been referred to, of Sir John Beddington at Chatham House, in which he drew the world’s attention to his “perfect storm”. We know that the global population, currently 7 billion and rising to 9 billion by 2050—indeed, rising by 1 billion in the next 13 years—will impose increasing demand for water, land and energy. This, combined with a changing climate, means that food security is one of the world’s greatest challenges.

The noble Lord, Lord Giddens—indeed, many noble Lords—referred to the excellence of the Foresight report. That report on the future of food and farming concluded that Governments across the world must take action now to ensure that a rising global population can be fed. The challenges set out in the Foresight report are of great relevance. This Government will build on the work set out in the one-year review, published yesterday, some of which I can touch on here.

I will respond to a number of questions which my noble friend Lady Miller posed, which I can perhaps then use to address other matters which noble Lords have raised during the course of the debate. My noble friend asked especially about Defra’s assessment of intensive dairy proposals. I assure her that the department is undertaking scientific research to better understand the welfare and other issues associated with the development of so-called “super dairies”. We will continue to consider any evidence that comes to light, which may determine whether action becomes appropriate. However, sustainable intensification is about much more than this. It is about producing more from less. It does not necessarily mean just increasing size of production units. It may be done at any scale.

My noble friend Lady Parminter joined my noble friend Lady Miller in talking about carbon footprinting. Indeed, the noble Lord, Lord Stern, with his direct experience of the effect of carbon in the atmosphere, also mentioned this. I have seen for myself at the Scottish Agricultural College, adjacent to the Roslin Institute, the work that is being done to monitor the effect of diet and genetic lines on carbon emissions from cows and cattle. We are working to encourage businesses to understand and to include carbon impacts in making their business decisions.

Of particular concern to my noble friend Lady Miller was the question of soils. I agree with her that soil lies at the heart of a successful crop production system. We are looking at the forthcoming EU soils framework. We support the idea of protecting Europe’s soils, and agree that there is a need to deal with serious soil degradation in some parts of Europe. However, we have concerns about the current proposals. We are concerned that they might impose additional burdens on government, land managers and businesses at a time when the UK and other countries are actually going in the reverse direction and trying to find lighter regulations. However, I assure my noble friend that I have been to Cranfield and seen the work that they are doing there on soils, which is extremely useful and available for farmers so that they can better understand the conditions of their own farm.

My noble friend Lady Miller also asked about co-operation. I agree that, in many ways, some of the weaknesses that farmers have faced have come about because of the difficulty of marketing their products in an increasingly competitive world. We recognise the value that agricultural co-operatives can bring both in this country and elsewhere in the world. In the autumn, we will consult on the implementation of European legislation in the dairy sector, which will increase the scale on which dairy producers can collaborate and allow them to negotiate as producer organisations on the price of milk. I hope that I have covered most of those questions.

My noble friend asked about bees. I was in a meeting today at which this topic came up. I can assure noble Lords that bees are recognised as being an important element of pollination by insects. On the question of pollinators, Defra has contributed £2.5 million to the Insect Pollinators Initiative and £10 million will be available over five years to look at the decline in all pollinators. Defra and the WAG are implementing the 10-year healthy bees plan, which was launched in 2009 and provides practical support for beekeepers. I hope that helps my noble friend with some of the specific questions that she asked. I am grateful to her for giving me advance notice so that I could give her some prepared answers on the subject.

Several noble Lords talked about the role of international negotiations being at the bottom of solving a global problem on an international scale. In June, the world will meet to plot the path to sustainable development and green economic growth at Rio+20. As we know and as I have already said, the G8 and G20 presidencies have identified food security as a priority issue. I assure the noble Lord, Lord Stern, that the action plan agreed at the meeting of G20 Agriculture Ministers in June signals the success of the UK in pushing for transparency in the global food market. We see the great virtue of getting agreement globally if we are to get leverage and have effect.

We want to maintain the momentum on an international scale. I know that my right honourable friend the Secretary of State for the Environment, Mrs Spelman, has championed the cause of food security, sustainable agriculture, water security and sustainable energy forming the core of the new sustainable development goals. My noble friend will know that the Deputy Prime Minister, who will lead our delegation to Rio, shares a similar enthusiasm. Therefore, I like to think that the Government have in place a position that enables us to drive these issues internationally.

A number of noble Lords have talked about food waste. Tackling waste is crucial to food security. Some £12 billion-worth of food that could have been eaten is thrown away by UK householders every year. The Government are taking action through the Courtauld agreement and providing advice through WRAP’s “Love Food Hate Waste” campaign. Since 2006, annual household food waste has fallen from 8.3 million tonnes to 7.2 million tonnes, but that is still far too much. I think all noble Lords would agree with that.

My noble friend Lady Parminter mentioned the consumer’s role. The noble Lord, Lord Knight, perhaps stretching the point a little far by trying to bring education policy into a food debate, talked about healthy eating in schools. I can assure him that that is still government policy and I am sure it is the policy of all schools.

On food waste, the right reverend Prelate the Bishop of St Edmundsbury and Ipswich gave us the figures and we should be grateful for the way in which he pointed out how this issue accounts for a considerable element of the wasted household budget in every household. My noble friend Lady Jenkin gave us her practical experience and we should be grateful for the way in which she has brought this issue to the fore. She has used this House to raise this matter and our consciousness of it.

I, too, applaud the work being done by Fare Share and FoodCycle, which act in a private capacity. I have tried to encourage a number of people in the food industry to support these projects, which have enormous benefits in their support for communities and families less able to afford food. They also have benefits for reducing food waste, which is a positive scandal.

In addition to the contribution to global food security expressed by my noble friend Lord Gardiner, the UK farming and food sector is very important to the UK economy. It is the largest single business sector in the economy. The whole food chain contributes £87 billion per annum and 3.6 million jobs. As a sector, it contributes to the delivery of the Government’s long-term economic objectives on trade, green jobs, growth and development. This Government are acting across the food chain to stimulate growth, to facilitate international trade and to drive fair competition.

It would be remiss of me if I did not comment on the work done by Jim Pace in his recent tour of China where he has managed to secure a market for British pig meat, which could be extremely valuable and important for the pig production industry in this country. Last week, I received a delegation from Hong Kong. I was handed a letter saying that the delegation was happy that the animal health provisions in this country now permit the importation of British beef to Hong Kong. These are important developments for our industry and for the global reach of British agriculture. A thriving, competitive economy where our products are freely traded on the international market will deliver resilient, stable and affordable supplies to consumers.

My noble friend Lord Selsdon is always an interesting contributor to any debate. He pointed to the decline in self-sufficiency here at home, what we can do about it and what we can do to stimulate the capacity of other countries to produce more. In a way, my noble friend Lady Sharp gave us the answer; namely, to use the knowledge that we have on our farms. The point was reinforced by the noble Lord, Lord Curry of Kirkharle, as regards the importance of the science budget in addressing this issue.

Noble Lords will expect me to mention the Taylor review—although I do so not out of any vanity—which sought to bring this issue to the table. Since being in office, I have been working to make sure that the principles espoused by the Taylor review are effectively delivered. I have been working closely with David Willetts, the Minister with responsibility for science, on this project. Today, he has announced grants from the BBSRC worth £250 million to research institutes. This includes specifically £14.5 million for a genome analysis centre in Norwich.

We are working across the board. The noble Lord, Lord Giddens, asked about nanotechnology. We have set up a joint strategy forum on nanotechnology, which he and I co-chair, and we are seeking to cover a number of other issues.

There is a whole question arising from R&D skills, which of course are extremely important if we are going to be able to deliver these matters. We managed to get through the debate without talking very much about the CAP. But of course when it comes to agricultural policy, making sure that we get a successful outcome from the CAP negotiations will be very important for this country and for this issue.

I conclude by saying that I agree with the noble Lord, Lord Knight, that we should make sure that the usual channels take up this issue so that we have regular debates and we can see the progress that we are making. A lot is going to go on in the next few weeks, specifically on sustainable world development—and at the bottom of that lies food security. My noble friend Lady Sharp exhorted the Government to provide leadership here and overseas. I assure her and indeed all noble Lords that that is precisely my purpose and that of my colleagues at Defra.

I join all other noble Lords in thanking my noble friend Lady Miller for giving me the opportunity to say just that.

Equality Act 2010 (Specific Duties) Regulations 2011

Lord Taylor of Holbeach Excerpts

Tuesday 6th September 2011 Lords Chamber

[Lord Campbell of Alloway]

My Lords, the purpose today is to consider some reasoned opinions as to what should be done in a highly distraught situation. It has not been substantially debated as yet but it is time that we gave it time. I hope today not to divide but to consider what has been said. I am grateful to my noble friend, with whom I do not totally agree, and to the noble Lord, Lord Lester—with whom I seldom agree, but we disagree in amity—for what he has said, with which I do not agree at all for two reasons.

First, this is a question of religious freedom, putting it simply—the concept of it and the implementation of it. There are, inevitably, such matters as adoption agencies but it is wider than that and it applies to all religions. We are still a member of the EU, and those member states with written constitutions defend in them exactly the type of religious freedoms which we are discussing. Because they are defended in that way in those constitutions, they are not within the remit of any of the EU courts. We do not have a constitution and if we want to get out of the trap there is actually only one way, which has not yet been considered. That is why I am so grateful to my noble friend.

If we have a constitution Bill which makes the appropriate provision akin to those of others in the Union and it is approved by our Supreme Court—which now is, in effect, a constitutional court—we are home. Nobody has considered that but if you do not do it that way, you cannot do it at all. It is no use saying, “Oh, we will make statutes. We will do this, we will do that”. This was explained perfectly clearly. I took up the point with my noble friend Lord Pilkington after the debate, in our usual conversations which we had in a little room not far from here. He said, “Well, I had better find out a bit about this. I had a brilliant pupil who is now at the Bar—somebody called Armitage. I am going to ask him to send me an opinion”. I had never met Armitage. In fact he is a brilliant man, a first rate-lawyer, totally objective, and not in any way involved in politics. He wrote an opinion and I am talking to the effect of his opinion, which was my opinion too. My noble friend gave me a copy of the opinion and I am afraid I have lost it, but it is very important that it should be found, and perhaps Armitage could provide a copy.

This one short point has never been taken and never been understood. Unless you get a constitutional position, our courts will have to accept that they cannot be excluded from the European laws—putting it broadly—with which we are bound at the moment.

That was also in a sense explained by the noble Lord, Lord Sacks, in his article in the Times after the debate, in which the right reverend Prelate the Bishop of Winchester took one view, and the right reverend Prelate the Bishop of Oxford took the other view, and my noble friend Lord Waddington was concerned.

[Lord Taylor of Holbeach]

My Lords, I do hesitate to interrupt the noble Lord, but there are a number of people I know want to speak, and if he could wind up it would help the House in its deliberations. I do apologise to the noble Lord for raising it in this way.

[Lord Campbell of Alloway]

I have to say I could not quite hear what my noble friend was saying. If I have done anything wrong, I apologise. Should I shut up?

Disabled People

Lord Taylor of Holbeach Excerpts

Thursday 5th May 2011 Lords Chamber

[Lord Taylor of Holbeach]

My Lords, I am pleased to have the opportunity of participating in this debate, although it has not been by choice. I shall update the House on my noble friend Lord Freud: he is having medical treatment but as a precaution only. He hopes to be back in the House early next week. I know how much he was looking forward to this debate. Indeed, it places the debate at a disadvantage since he is not here to respond. I can promise to take the record away and to go through it with him. It would be helpful to noble Lords if we wrote a comprehensive letter together to all noble Lords who have participated in this debate, because there may be lots of questions which people have mentioned that I have to skate over today—particularly in view of the fact that I do not have quite the amount of time that I had originally hoped for.

I thank all noble Lords for their participation, particularly the noble Lord, Lord Low, for tabling this debate. It has been a special privilege to be here to hear my noble friend Lord Fellowes make his maiden speech in the House, and what a delightful speech it was. He talked powerfully of the imperfections of the way in which people talk about disability. How well he described to the Government the importance of their need to take seriously their responsibility to disabled people. I am sure that we will hear much more from him as an active participator in our debates.

The real impact of government policies on disabled people will be to help all disabled people fulfil their potential and participate fully in society. We have a moral obligation to support those who cannot work, but we also have a moral obligation to support those who can work to find suitable work—just as disabled people who can work have an obligation to look for work. This is a critical issue. There are more than 10 million people in the UK who have a limiting long-term illness, impairment or disability, of whom nearly half already work.

There is strong evidence of the significant health, social and financial benefits of work, and of the cost to individuals, society and the economy of long-term inactivity. Put simply, work is good for you. We have moved away from the old idea that disabled people should be protected from work. More and more, we appreciate that taking an active part in the labour market supports good health and well-being. Welfare reform is about doing what is right; it is not about reducing the benefits bill. The combination of fundamental reforms to the benefits system and a new radical approach to “back to work” support for everyone will ensure that everybody gets the right help.

Universal credit will replace the current complex array of benefits. It will be a simpler, fairer system. It will protect the incomes of current claimants so that nobody will be worse off claiming universal credit than they are under the current system. We will focus additional support on the most severely disabled people. Some households could see their incomes rise by as much as £40 per week if they qualify for the support component in universal credit, which we aim to increase from £31.40 to £74.50. Universal credit will provide more generous support for disabled people than for those non-disabled people who have otherwise similar circumstances. The seven disability-related components of the current system will be reduced to two, which will reflect whether a disabled person can reasonably be expected to work or undertake work-related activity.

I note and will take up the point made by the noble Baroness, Lady Thomas of Winchester, on the earnings disregard for people who are engaged in research. We have a special disregard for disabled households, which enables many people to keep more of their earnings than they currently do under the employment and support allowance. The White Paper proposed a disregard of up to £7,000 per year for disabled households, equivalent to £134 a week. Once a disabled household begins to earn more than £7,000 a year, its benefits would reduce gradually as it earns more. I do not think noble Lords would consider that unreasonable.

Universal credit will encourage people to find work by simplifying the move from benefits to employment. In the mean time, disabled people will receive improved support through employment and support allowance. There are two categories of support. First, there is the key provision for severely disabled people in the support group and for other disabled people in the work-related activity group, who will explore suitable work or training. We propose to introduce a one-year time limit for those in the latter group, who will be claiming the contributory employment and support allowance. ESA was always intended to be a benefit that provides temporary support for those in the work-related activity group, where, with the right support, it is reasonable to expect a return to work. It was never meant to be a benefit for the long term for this group. The time limit of one year strikes the best balance between the need to restrict access to contributory benefits, and allowing for those with longer-term illnesses to adjust to their health condition. This is double the length of time for contributory jobseeker’s allowance.

I know that a lot of noble Lords were concerned about this whole area and the WCA. The noble Lords, Lord McKenzie of Luton and Lord Rix, and the noble Baroness, Lady Thomas of Winchester, raised it, as did the noble Lord, Lord Low, in his introductory speech. We have accepted Professor Harrington’s review and have appointed him to undertake the second independent review of the WCA. Refinement and improvement of the process are ongoing. I hope I can reassure noble Lords on that point. The work capability assessment generally is a matter of considerable concern to noble Lords. The noble Baroness, Lady Wilkins, was concerned about the very large number of appeals that were successful. However, overall, 60 per cent of appeals are found in favour of the department. If the department’s decision is not upheld by the appeal tribunal, it does not mean to say that the original decision was incorrect. The tribunal is an independent body and in many cases new evidence is provided at the tribunal hearing that was not available to the original decision-maker, or the tribunal raises the original evidence differently. The Ministry of Justice and the Department for Work and Pensions are working together as part of a task force with the Tribunals Service, Jobcentre Plus, and the Pension, Disability and Carers Service to increase capacity and reduce demand for an appeals process. I reassure the noble Lord, Lord Rix, that we will seek to improve this process. I say to the noble Baroness, Lady Wilkins, that there are no targets to get people off incapacity benefit.

We are also breaking new ground to ensure that good-quality back-to-work support is available. Private and voluntary sector organisations will provide this support through the new Work Programme. The lessons learnt from the Pathways to Work programme have been taken into account in designing the new Work Programme. For people who may need more support to help them back to the workplace, including disabled people, we will reward sustainable employment, placing a much greater emphasis on supporting people to stay in work. Providers will receive higher payments up to £14,000 if they help people who need the most support into long-term jobs. This long-term, serious investment means that providers of back-to-work support can in turn invest in their business and in the people they are there to help. The 18 preferred bidders have indicated that they plan to invest up to £580 million over the lifetime of their contracts. We expect the providers of this back-to-work support to include respected disability charities such as Mencap and Action for Blind People, organisations which really understand the challenges that some may face.

For people facing more significant disability-related barriers to work, the Government have introduced Work Choice. This provides supported employment as well as support into work. Work in this area of specialist support continues. In the summer, Liz Sayce, chief executive of Radar, will produce an independent report looking at specialist support for people with severe disability-related barriers to work. Included in the scope of this report is access to work. We are continuing to look at ways to make the scheme more efficient and effective so that we can support more disabled people in the workplace. Since December, disabled people have been able to complete an online assessment of their eligibility for access to work via Directgov. This means that both disabled jobseekers and prospective employers can have confidence that the necessary assistance will be available to them. We want to make sure that the range of in-work support for disabled people is effective.

Another key form of this support is the disability living allowance, which is payable whether or not disabled people are in work. The current DLA provision needs reform. The benefit is too complex, and eligibility is based on unclear criteria and outdated assumptions about disability—often leading to inconsistent awards. DLA provision is too static. People’s conditions change, medical advances mean that once debilitating conditions may become more manageable, and technological changes mean that once insurmountable tasks become possible.

Disabled people deserve a system that recognises them as individuals and provides support on the basis of individual need, assessed objectively, and with clarity around eligibility criteria. We plan to retain the key elements of DLA as a non-taxable non-means-tested cash benefit that provides a contribution to the extra costs disabled people may face, whether they are in or out of work.

However, our proposal is to replace DLA with a personal independence payment that will provide for a fairer, more objective and transparent assessment of individual need. That will be at the heart of the benefit. It will look past broad categories of impairments and labels, and instead treat people as individuals and look at the specific challenges they face, rather than make vague assumptions. The noble Baroness, Lady Campbell of Surbiton, was very concerned about the target to reduce DLA expenditure by 20 per cent. Reducing DLA expenditure by 20 per cent by 2015-16 simply means bringing working-age expenditure back to 2009-10 levels and making it more sustainable for the future.

Regarding our response to a public consultation on DLA reform, we are working with disabled people and disability organisations as we design the PIP assessment, ensuring that it takes account of the full range of disabilities, including sensory impairments, as well as physical, mental, intellectual and cognitive impairments.

My noble friend Lady Browning and the noble Lord, Lord Touhig, particularly mentioned people suffering from autism and those responsible for their care. The National Autistic Society published a useful report on who benefits, and it raises a number of helpful points, such as a need for a new assessment to reflect the needs of people with autism spectrum disorders. We agree on all this, we are still working on the design of the assessment, and we will continue to work with disabled people and their organisations, including those relating to autism, as we take this work forward. We know how important it is to get this right. That is why we will test the impact of the new assessment criteria rigorously before we finalise the scheme.

I will conclude by referring to the comments of a number of noble Lords on the Equality Act and the implications that there may well be. The noble Lord, Lord Low of Dalston, mentioned this, as did my noble friend Lord Addington. We are very concerned about the red tape challenge and how it might impact on the Government’s commitment to the Equality Act. The red tape challenge is part of the Government’s commitment to transparency and growth. The Government set up the red tape challenge website to invite the public to take part in a debate on regulation. The website has recently been revised to make clear that the presence on it of a particular regulation or law should not be read as implying any intention on the Government's part to remove that regulation or law from the statute book.

Several noble Lords mentioned the particular restrictions on local government finance and the enormous impact on local government spending and responsibilities. I reassure them that the Government are very mindful of that. The noble Lord, Lord Sawyer, mentioned Remploy. I am very grateful to him for bringing it to our attention. We confirmed in the spending review that the five-year £555 million operational budget is protected and that the status of Remploy remains unchanged at a time when, as the noble Lord will know, many other programmes are under review.

I will conclude my comments because I am running out of time. I hope that I will be forgiven if I have not mentioned everything. As I said, I will go through the record and write to noble Lords.

I finish by reminding the House of the principles underpinning our reforms. Yes, budgets are tight for the moment, but the changes are about more than saving money; they are about changing lives and people's life prospects. It is right that we have been reminded of the Government’s commitment to fairness by the noble Lord, Lord McKenzie; we take that commitment seriously. The real impact on government policies on disabled people will be to empower them, to establish the right and opportunity to work, to encourage accessibility and to provide greater choice and control over how public money is spent to deliver independence and ensure that no one is ever written off because of disability.

Public Bodies Bill [HL]

Lord Taylor of Holbeach Excerpts

Wednesday 23rd March 2011 Lords Chamber

[Lord Prescott]

Garden centres, garden festivals, you can pick the word you want. I think that the one in Liverpool collapsed after its show and still nothing has been built on that ground. We have to develop in a more effective way, although to be fair to the noble Lord, Lord Heseltine, I agreed with him that the development at Canary Wharf was significant. Transforming the docks into new industrial developments and commercial centres has been a success. That was intervention.

I recall, when we came to power in 1997, meeting Mr Walker—I am not sure whether he was a Lord or not—who was in charge of English Partnerships. He said, “We are not a body of intervention”. I said, “Well, we are on different tracks then”. He said, “I am telling you that we won’t do that”. I had to say to him, “Obviously you have not read the papers. We are now the Government. It is going to be a body of intervention”. English Partnerships did an excellent job, including in the coalfield communities that had been destroyed by the previous Government. It set up an active intervention partnership, public and private, in the coalfield communities. The Audit Commission reports show that it did an excellent job. More people are now employed in coalfield areas than when there were the previous jobs.

By the way, most coalfield areas are rural areas. Enterprise centres are now being talked about. That was all done before. I notice from the list here that very few of them are in rural areas; they are in the cities. Fine, but there is a lot of high unemployment in rural areas as well, and those enterprise zones are designed to help urban development. You do not get a balanced development. You might help the cities in a marginal way, but what you want from regional development agencies is balanced development. Only the RDAs can do that. They are also important for bringing in money from Europe. Before the RDAs in Britain, most of Europe did not bother. The recognition was of the county authorities. The county authorities were not big enough to deal with the actual decisions that had to be taken. You needed a body that was recognised at the regional level, because we were the only country in Europe that did not have a regional body. You needed to co-ordinate those resources, to bring the strengths together and to make it important.

Now it is basically proposed to abolish them. Frankly, I agree with our amendment. I am not against reform. RDAs came out of reform; we did not like what was there, we changed it, and that has been effective. Apparently, being successful is now a real problem; we abolish you. What worries me most of all is that they are being replaced with the old structures that we had before and that failed before. The Government seem to believe that it is just the market. I heard the Chancellor today talking about “growth, growth, growth”. The trouble is that he is not achieving it. We are creating the same kinds of problems that we had before. We do not maximise growth, but unemployment. That is what will come out of this.

A number of noble Lords have said in these debates that, looking at what will happen to some of these areas with RDAs, we are already beginning to witness confusion coming about due to the setting up of local enterprise partnerships. I have got them in my area. I notice the enterprise zones in these areas, and now there is talk about partnerships. Problems are already beginning to develop.

I finish on this point, because I have already seen it in Hull. Hull is an area of high unemployment. That reduced under Labour, but it is still an area of high unemployment. We now have a problem that was brought to my attention about a week ago, with a company in my former constituency that produces modular bathrooms. It has been highly successful. It is manufacturing. It employs hundreds of people. It wants to expand on an existing, empty, two-acre industrial estate where the road has been half done but not completed. The company said, “We could take on a hundred more people manufacturing in Hull, helping growth, if someone would let us expand and buy or lease that empty land and build the road to make the connection”. Well, that seems obvious. They gave me a ring, I spoke to them, and the local MP is of course involved in this. When I inquired of the regional development agency that owns the land, “Why aren’t you helping this company to expand?”, it said, “Sorry, all our assets are now being transferred to BIS”. Then they said that the local authorities cannot agree between themselves whether there should be one local body, which might be a trust, representing the north or one representing the south. Businessmen are disagreeing with what the council is coming up with. It causes delay. This company is being held up because of the problems in organised infrastructure that we are now inheriting.

I hope that the Minister will look at this. I am sure that he wants to see jobs. Certainly, the Chancellor says that he wants to see growth. Well, he could make a decision tomorrow that will bring that about, not all that waffle we have heard in the Commons today. I am sure that there are many other examples from around the country, but I would not have to come to Parliament for that. RDAs did that all the time. They made those decisions, created the jobs and co-ordinated the public and private investment. That is what the RDAs did. We had 10 years of them showing their success. Now the Government are coming along with these silly ideas to abolish them. The result will not be that waffle, it will be more on the dole and less growth. We will be back in the circumstances that we inherited many years ago, which led us to set up the RDAs.

[Lord Taylor of Holbeach]

My Lords, there might be a change of tone with my contribution to this debate. This is a serious matter and I approach the topic with humility, but with a determination to demonstrate the reasons for the Government’s decision. It is a political decision; we make no apology for that. It is a political response to the economic situation in which this country finds itself. I hope that noble Lords will give me the opportunity to explain the origins of that decision and what the Government intend to do to maintain a programme of growth announced by the Chancellor of the Exchequer in circumstances in which the vast sums of money that were available to sustain the regional development agency structure are no longer available.

I am not at all surprised at the passion that has been vented this evening. I am a provincial myself. I come from the east Midlands and I am very proud of my background. I have to say that I rather share the experience of my noble friend Lord Cavendish when it comes to the impact of the regional development agency for the east Midlands in my part of the world, but perhaps that is because I live in a relatively remote rural area and our problems are not at the top of the agenda. We have learnt to rely on our own resources probably a good deal more than other communities can afford to do.

--- Later in debate ---

[Lord Hunt of Kings Heath]

My Lords, the Minister refers to the problem of borders but how are the Government dealing with the problem of borders by splitting Birmingham from the Black Country? It is sheer madness in terms of getting support across a region for the major infrastructure projects that are so desperately needed.

[Lord Taylor of Holbeach]

I think the noble Lord is under a misapprehension. The difficulty with RDAs was that they had clearly defined, strict borders. The great thing about LEPs is that they are partnerships and they are flexible enough to be able to work together when they need to. That is our answer to the question of the north-east. There are opportunities for LEPs to work together across boundaries. That is their huge advantage over the strictly geographically delineated boundaries that existed between RDAs and the difficulty of getting joint projects going with them.

The south Midlands was an area of the country where the south-east, the east Midlands and the eastern region met in an area around Milton Keynes, Northampton and Bedford. That particular group now has an LEP in common. It is a true economic region in the sense that there is a community of interest across what previously was RDA territory. We have deliberately placed the onus on the partners to show that they have identified a real economic area to cover. We have not sought to second-guess them. We have asked the partners to think again about a particular proposal only where there is a substantial difference of view in the area itself and in the places around it.

The RDAs were expensive bodies to run and often duplicated activities which could be better undertaken at local or national level. In much of the country people felt little or no attachment to regions. In our earlier debate much was made of the local support for the north-eastern and north-western regions. The noble Lord, Lord Clark of Windermere, talked of the way in which Cumbria identifies more strongly with Newcastle than with Manchester. Only yesterday the House approved the creation of the Greater Manchester combined authority. The noble Lord, Lord Beecham, and I took that through as a statutory instrument in the Moses Room last week. It reflected the desire of that area for a stronger local focus. I remain doubtful that the enthusiasm for a unified north-east region runs quite as high by the Tees as it does by the Tyne.

In our new circumstances we need lighter, more nimble bodies, capable of forging new linkages and alliances, rather than being caught up in regional straitjackets. Where partnerships wish to work together, we welcome it. If they had chosen areas which had matched one or more of the former regions and been able to demonstrate economic benefits and support from businesses and local authorities, we would have welcomed that too, but the fact is that they did not. In our previous discussion I pointed to the enthusiastic response we have received throughout the country to our call to develop local enterprise partnerships. On 8 March 2011 the 31 partnerships sent 90 representatives to a summit in Coventry. The Prime Minister, the Deputy Prime Minister and the Secretaries of State for Business and Communities were all present. They confirmed their support for the formation of an association to help partnerships share knowledge and ideas. This idea came from the partnerships. The Deputy Prime Minister also announced that the second of the regional growth funds would open on 12 April, and those successful in the first round will be announced shortly. Some £1.4 billion will be in that fund over the next three years.

I am grateful that my previous letter has been well received. I shall do my best to answer some of the questions that have been asked tonight, although it may not be possible to do so in the case of some of those which were highly specific. I shall do my best to give answers that cover some of the most central points raised. The first question was what the Chancellor announced today. He announced that the Government would introduce 21 new enterprise zones. I do not belittle them—the noble Lord, Lord Prescott, did rather. They will all be important; they will all be established in LEPs; and they will be focuses for growth. The Budget names the LEPs that will receive the first enterprise zones, plus London. The next 10 will be established through a competitive process. Benefits include the business rate discount over a five-year period.

It was asked whether LEPs have the capacity to take on the wide range of projects envisaged—the noble Lord, Lord Campbell-Savours, made this point particularly strongly. The capacity of LEPs will vary initially. Some are based on well established structures—Manchester being an example of an existing structure, let alone the fact that it now has a combined authority—but others are entirely new. The LEPs are establishing a network to share experience and best practice to bring new partnerships up to speed quickly.

The noble Lord, Lord Campbell-Savours, in what I acknowledge was a very impassioned speech, asked whether there would be a fire sale of assets. The brief answer to that is no. It will be a managed process. Assets of which it makes commercial sense to dispose in the short term are being identified and a list will be made available to local authorities shortly. However, where it is more sensible to dispose of assets over the medium or long term, it will be done. It is important to emphasise that the RDAs are liaising with the local authorities within their patch and with the LEPs to make sure that this process is managed efficiently.

It was suggested, I think by the noble Lord, Lord Beecham, that the LEPs will not have a role in inward investment and European funding. That is not the case, because UKTI and the DCLG have made it clear that they will work closely with LEPs and other local partners on inward investment and on the European regional development fund. The noble Lord, Lord Beecham, also asked what discussions were going on about the position of the North East Economic Partnership and its assets. Discussions are ongoing; I cannot comment on the path that they are taking. However, we have confirmed that that we are not able to pass on assets as gifts or for deferred consideration to that partnership.

The noble Baroness, Lady Quin, also raised questions about the north-east.

[Lord Campbell-Savours]

The letter to my noble friend refers to a nominated single national contractor. Could the Minister give us a little more information as to what is intended? What sort of body would it be? Would it be a private sector body or an existing company? Is it to be established by some consortium? What actually is it as an entity?

[Lord Taylor of Holbeach]

When we are in a position to make an announcement about that, we shall. I am not in a position to do so at this point in the debate.

The noble Lord, Lord Clark of Windermere, raised a number of interesting questions based not only on the experience of his work with the Forestry Commission but on his location in Cumbria. On the issue of competition with Scotland for inward investment, UKTI co-ordinates the work on this, and one of its main aims is to avoid wasteful competition between different parts of the UK for inward investment. The noble Lord, quite appropriately, asked specifically about the trees and their liabilities. At present, the Northwest Regional Development Agency is discussing plans for its assets and liabilities with the Government. I cannot give a response on the future of these assets until these discussions are completed.

A number of noble Lords asked about the process of consultation. One of the lessons noble Lords will take from this Bill is that the Government are serious about consultation. The procedures laid down in the Bill require Ministers to come to Parliament with full details of the impacts of any policy change that they seek to bring in through statutory instruments. There will be full consultation. I shall be happy to keep the House informed on the nature of this consultation over the next few months while this process of change is going on.

From a standing start in September 2010, partnerships now cover 80 per cent of active businesses in the UK and 87 per cent of the population. We are looking forward to reaching 100 per cent. We believe that we have unleashed a wave of enthusiasm for economic development at local level. In many places there is no appetite to go back to the old arrangements. It was clear from our earlier debate that many noble Lords retain their attachment to RDAs as they were. However, we do not believe that a return to the circumstances of a few years ago is either appropriate or possible. We are now in a new situation and we need to ensure that economic activity is taken forward across the right geography by fully committed partnerships. RDAs do not fit in with that new approach and I therefore ask the noble Lord to withdraw the amendment.

[Lord Beecham]

Will the Government consult on the basis of all or nothing or will they approach each case in each region on its merits and listen with an open mind to the arguments of business as well as local government and its social partners? Will they take a decision on a case by case basis or, as I say, will it be all or nothing.

--- Later in debate ---

[Lord Taylor of Holbeach]

This is a listening Government and they are prepared to listen. They will listen to advice from everyone who feels that they have something to offer on this subject, take note of that advice and make decisions where appropriate.

[Lord Kennedy of Southwark]

My Lords, I am very disappointed by the Minister’s response. I thank all noble Lords who have spoken in the debate—my noble friends Lady Royall, Lord Campbell-Savours, Lord Beecham, Lady Quin, Lord Grantchester, Lord Hunt of Kings Heath, Lord Hoyle, Lord Clark of Windermere and Lord Prescott, the noble Lords, Lord Cavendish of Furness and Lord Empey, and, of course, the Minister.

My noble friend Lord Prescott, as did many other noble Lords, stated clearly why the Labour Government established the RDAs in 1999, what they began to tackle, the progress they made and why they should be kept. The Government have not made the case for the RDAs to be abolished. All have outlined why they worked sub-regionally.

I am happy to withdraw my amendment in favour of the amendment of my noble friend Lady Royall. In doing so, I shall leave it to my noble friend to decide whether she wishes to test the opinion of the House.

--- Later in debate ---

[Lord Hunt of Kings Heath]

My Lords, I am grateful to my noble friend for moving the amendment and for allowing us to debate for a few minutes the Valuation Tribunal Service. It is one of a number of bodies which are either listed or not listed in the Bill and whose work is not particularly well known by the general public. However, these are bodies that have played an important role in terms of the good order of society. As we have debated the 150 or so bodies under consideration, there has been a tendency and temptation—given that we have all agreed that it is right that these bodies should be reviewed on a regular basis—to underestimate the contribution of the people who have worked for them or sat on their boards. It is right for me to invite the Minister—who has, if I may say so, expertly steered the Bill through your Lordships’ House—to reflect on the importance of the tone with which we debate these organisations.

I say that because, in relation more generally to debates in your Lordships’ House, in the other place and among the public on public services, there has been an unfortunate tendency to speak in a pejorative way about back-office functions. That is a matter for regret. It is not sensible to suggest, for instance, that only a policeman is doing a good thing while someone who works for the police force in a back office is not. That is not a sensible way forward. Back-office staff are being made redundant from police services, while bureaucratic tasks have to be undertaken by front-line police officers. That demonstrates some of the perverse incentives of taking a black-and-white approach.

I mention that because, as we close our first day on Report, we have an opportunity to reflect on the fact that many of these organisations will go out of business. The functions of some will be transferred to another body while the functions of others will come to a close. It is important to send a message out to the people who have worked in these bodies that we do not underestimate the contribution that they have made. The regular review that is taking place should be sensible, but in no way should it be taken as a criticism of the work that is done by thousands of people up and down the country.

[Lord Taylor of Holbeach]

My Lords, I happily associate myself with the remarks of the noble Lord, Lord Hunt, because we all share his sentiment. The more you become involved in this process, the more you realise that you are dealing with bodies that in many cases are performing important tasks and are staffed by people with a due sense of purpose and public service.

What is interesting about the amendment—I am grateful to the noble Lord, Lord Kennedy of Southwark, for giving us a chance to talk about it—is that in many ways it brings continuity between the previous Government’s proposals in the area of tribunals and our own. As will be clear from my explanation of why the Valuation Tribunal Service is in Schedule 1, noble Lords will recognise that the foundations for this decision were laid by the legislation of the previous Government.

The Valuation Tribunal Service is a non-departmental public body that provides administrative support and all the services required by the Valuation Tribunal for England, which hears appeals on council tax and business rates—in other words, national non-domestic rates.

Taken together, the Valuation Tribunal for England and the Valuation Tribunal Service—I will use the acronyms from now on—provide an independent appeals service for business rate or council tax payers who wish to challenge either the basis on which the banding or valuation of their property has been calculated, or their liability to pay business rates or council tax. In the Government's recent announcement about the future of arm’s-length bodies, both the VTS and the VTE were identified as bodies that could be abolished. However, I stress that the Government recognise that the jurisdiction that the VTE exercises, and the functions undertaken by the VTS, are still necessary—the noble Lord, Lord Hunt, is correct—and plan to transfer them so that they become part of the unified structure for tribunals, thus ensuring that the independence of the appeals process for business rates and council tax will be maintained. The achievement of these transfers would be a further step in the achievement of the long-standing policy introduced by the previous Government, following the 2000 Leggatt report, Tribunals for Users: One System, One Service, which this Government are continuing. The aim is to bring central government-sponsored tribunals in England and Wales under a single umbrella organisation.

The Government's proposal is that the jurisdiction of the VTE and the functions of the VTS should transfer respectively to the First-tier Tribunal and Her Majesty's Courts and Tribunals Service. It is important that noble Lords should note that the planned transfers are fully supported by both the chairman of the VTS, Anne Galbraith, and the president of the VTE, Professor Graham Zellick. The jurisdiction of the Valuation Tribunal for England will be transferred to the soon-to-be-created Land, Property and Housing Chamber—the Land Chamber—of the First-tier Tribunal, which was formally established under the Tribunals, Courts and Enforcement Act 2007. Powers in the 2007 Act would allow the formal transfer of the VTE's jurisdiction to the First-tier Tribunal, and the subsequent abolition of the VTE as a separately constituted tribunal. Since the 2007 Act powers are already available to achieve this, the Government do not need—and nor do they intend to seek—its abolition through the powers in the Bill. I trust that noble Lords will be comforted to learn that the jurisdictional independence currently enjoyed by the VTE will continue, following the transfer of that jurisdiction to the First-tier Tribunal.

Noble Lords will also wish to be made aware that the transfer will bring added opportunities. Members who would formerly have been in separate tribunals will be able, following the transfer, to sit on tribunals in all jurisdictions exercised within the First-tier Tribunal Land Chamber. Such arrangements are already in place elsewhere and have brought significant operational and jurisdictional advantages.

I turn to the Valuation Tribunal Service that is the subject of the amendment. If the jurisdiction of the VTE is transferred and the VTE is abolished, the VTS will effectively cease to have any purpose and powers. Therefore, the Government's intention is that, in tandem with the transfer of the VTE, the parallel administrative functions provided by the Valuation Tribunal Service should also transfer at the same time to Her Majesty's Courts and Tribunals Service, an executive agency of the Ministry of Justice that is shortly to be established following a merger between Her Majesty's Courts Service and the Tribunals Service.

The functions of the VTS, which are essentially to provide all administrative support for the operation of the VTE, including staff, accommodation and IT, would be absorbed into the tribunal service to sit alongside the administrative support for all jurisdictions within the First-tier Tribunal and Upper Tribunal. Once these functions had been transferred, there would be no further need for the VTS to remain in existence as a separate body and it could then be formally abolished. However, as the VTS was established under statute—in the Local Government Act, to be precise—new powers would be required to achieve both the transfer of the VTS’s functions and its subsequent abolition. The power set out in Clause 1 would allow an order to be laid to achieve this transfer, and that is why the VTS is included in Schedule 1.

Planning for the transfer of both jurisdiction and administrative functions is in its very early stages but, following the transfer, we confidently expect the realisation of economies of scale, operating efficiencies and added service improvements, which the unified tribunals system was established to provide. The noble Lord will, I hope, recognise and be reassured that the Government’s proposals will maintain and sustain the independence of the appeals process for council tax and business rates, and that they are a continuation of the policy pursued by the previous Government. Therefore, I hope that he will feel able to withdraw his amendment.

[Lord Kennedy of Southwark]

My Lords, I thank the Minister for his response and I also thank my noble friend Lord Hunt of Kings Heath for his comments. I should have mentioned that earlier in my local government career, in the 1980s, I was the deputy chair of the London South East Valuation Tribunal. I am persuaded by the Minister’s reply and beg leave to withdraw the amendment.