COP 27

Debate between Lord True and Lord Hunt of Kings Heath

Tuesday 15th November 2022 Lords Chamber

[Lord True (Con)]

Again, my Lords, the Government say—it is not always popular—that we are in the period of transition and we need to be flexible and adaptable. I am not commenting on any specific schemes or proposals. Obviously, our intention is to do the very best we can to secure resilience and a greater degree of independence at home. The noble Lord is absolutely right to say that with that comes jobs. I believe that there are already some 430,000 jobs in low-carbon businesses and their supply chains across the country, which is not widely enough recognised outside your Lordships’ House. Since November 2020, nearly 68,000 green jobs across the UK economy have materialised or been supported or secured for the future by government policy. However, there is a balance, and as I said in response to an earlier question, we are reflecting on the broad spectrum of energy need at this time, particularly given the tragic situation with the Russian aggression in Ukraine.

[Lord Hunt of Kings Heath (Lab)]

My Lords, may I come back to the issue of nuclear power stations? The Minister was a mite critical of the last Labour Government. He will remember that in 2008, the decision was made to go back to new nuclear. Since then, progress has been agonisingly slow because of the lack of funding, and we have only Hinkley Point in development. Can I take it from the Statement—the Prime Minister has emphasised the importance of building new nuclear power stations—that not only must Sizewell C go ahead, as the noble Lord has said, but we must have a very big sustainable programme of new nuclear development?

[Lord True (Con)]

Again, I am sorry if I was mildly critical of the last Labour Government. When I hear my Prime Minister being criticised for going to COP 27, I might note that Mr Blair did not once go to COP during his period as Prime Minister. The noble Lord must not tempt me to stray into these party matters; he was a bit guilty of that.

A fundamental point that your Lordships are making to me, and which I want to take away, is that whatever happened in the past, we have to work together across your Lordships’ House—and as broadly as possible, I hope, cross-party—to ensure clean, safe secure energy for all in the future. That is our intention, and we have committed up to £1.7 billion to enable one nuclear project this Parliament, with £700 million available for Sizewell C to provide clean, reliable energy to homes. Nuclear energy is part of the equation, and I am sure that further announcements will come on that front.

Carer’s Leave: Government Departments

Debate between Lord True and Lord Hunt of Kings Heath

Tuesday 19th July 2022 Lords Chamber

[Lord True (Con)]

My Lords, I think the Government should give attention to that. Regarding my being responsible for the Civil Service in this respect, it is a collective responsibility. The problem my noble friend refers to is one of which too many people are all too aware.

[Lord Hunt of Kings Heath (Lab)]

My Lords, does the noble Lord agree that one of the problems with the national insurance hike, which was allegedly to pay for social care, is that most of that money in the first few years will go to the National Health Service and very little, if any, will support carers, who are doing such a great job?

[Lord True (Con)]

My Lords, it remains to be seen how that policy goes forward. Obviously, as the noble Lord said, the Government are implementing a comprehensive reform programme and investing £5.4 billion over three years from April 2022. He has expressed a certain cynicism about it, but I hope it will lead to improvements in social care more broadly.

Procurement Bill [HL]

Debate between Lord True and Lord Hunt of Kings Heath

Committee stage
Monday 18th July 2022 Grand Committee

[Lord True (Con)]

My Lords, here I pay the penalty for the discussion we had before the Committee started: there are more government amendments that I must move in this group. I will beg to move a range of amendments today.

Government Amendments 90 and 91 make improvements to preliminary market engagement notices. Together they ensure that, where a contracting authority chooses not to publish a preliminary market engagement notice, a justification must be set out in any subsequent tender notice. I know this will be welcomed, particularly by small businesses, which often rely on early market engagement.

Government Amendment 277 makes provision for contract details notices. It removes a superfluous reference to contracts awarded under this part, which is unnecessary as the definition of a public contract in Clause 2 covers that which needs to be covered.

Government Amendments 278 to 281 correct a timing error in relation to the publication of a contract details notice for a light-touch contract. This will ensure that the contract details notice is published first, within 120 days of entering into the contract. The publication of the contract is required within 180 days of entering into it, allowing time for the contracting authority to make any necessary redactions before publication.

Government Amendments 282 to 286 are at the request of Northern Ireland and exclude transferred Northern Ireland authorities from the obligation to publish contracts above £2 million.

Government Amendment 287 is a minor drafting change, which better reflects the operation of the provisions.

Amendments 355, 356, 357 and 359 make changes to the requirements in Clauses 64 and 65 for contracting authorities to publish information about, respectively, compliance with the prompt payment obligation in Clause 63 and payments made under public contracts. Northern Ireland has chosen to derogate from both those requirements, so these amendments reflect that policy.

Government Amendment 358 makes it clear that the exemption for utilities in Clause 65(4)(a) applies to private utilities only. Government Amendment 403 clarifies that user-choice contracts which are directly awarded are not subject to the requirement to publish a contract termination notice.

Government Amendments 429 and 430 are technical amendments to Clause 79 to reflect consistent drafting practice and the fact that Northern Ireland has chosen to derogate from the below-threshold rules in Part 6 and so does not require the threshold-altering power in subsection (7).

Government Amendments 446 and 447 to Clause 84 also relate to Northern Ireland. Northern Ireland has chosen to derogate from the requirement for its contracting authorities to publish pipeline notices.

Government Amendment 457 inserts a new clause entitled “Data protection” after Clause 88. This is a now standard legislative provision that reiterates the need for those processing personal data under this Bill to comply with existing data protection legislation. As we discussed on an earlier group, I look forward to engagement with noble Lords opposite on issues of particular concern relating to processing and holding data. I beg to move.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I have Amendment 445 in this group. This amendment is concerned with the challenge facing charities seeking to obtain contracts from public authorities. The Bill is ambitious in its aim to simplify procurement rules, which is very welcome, but it is important that it is done in a way which does not make it more difficult for small businesses and particularly charities successfully to bid for contracts.

We know from past experience with current contracting rules and law that charities experience some barriers here. I hope that in our discussions on the Procurement Bill it will be recognised that a large proportion of the voluntary sector is pretty fundamental to the delivery of public services—indeed, in some cases the voluntary sector is the leading provider of such services. For example, according to research commissioned by DCMS, voluntary and charitable organisations and social enterprises won 69% of the total value of contracts awarded for homeless services between April 2016 and March 2020, and 66% of the total value of contracts to support victims of domestic violence and sexual abuse.

We know that the voluntary sector can produce outstanding results; we know about its ability to build trusting and long-term relationships with communities that are often excluded, its focus on prevention, its versatility and its agility. So I welcome the requirement for contracting authorities to publish pipeline notices—the Minister referred to this in relation to one of his amendments today—but, given the utility of such notices for smaller providers and the market diversity and improved services that could be cultivated by giving smaller providers a chance to prepare the bid, we want transparency to be prioritised in the requirements to publish pipeline notices; hence my amendment.

My Amendment 449 is slightly different but it none the less raises issues in relation to the way in which public authorities engage with the private sector—or the independent sector, depending on how you look at it. This amendment arises from concerns that public bodies are failing to act within the spirit if not the letter of the freedom of information legislation in relation to procurement contracts.

I just want to refer the Minister to an openDemocracy report, published last year, which looked at the operation of the Freedom of Information Act in 2020. It found that

“2020 was the worst year on record for Freedom of Information Act transparency … Official statistics published by the Cabinet Office show that just 41% of FOI requests to central government departments and agencies were granted in full in 2020—the lowest proportion since records began in 2005 … The Cabinet Office is blocking requests from MPs about its use of public money to conduct political research … Stonewalling, a brutally effective tactic for evading FOI, is increasingly prevalent … Government departments are cynically exploiting a legal loophole to deny timely access to information in the name of the ‘public interest’ … Government departments are failing to comply with a legal requirement to work constructively with requesters”.

The FoI Act was meant to be a safety net for members of the public so that there would be as much openness as possible. However, there are two obstacles to that happening. The first is the operational aspect of policing the Act through the Information Commissioner. The commissioner has been seriously affected by huge cost-cutting. Last November, Elizabeth Denham, the former commissioner, told the House of Commons Public Administration and Constitutional Affairs Committee that the ICO’s resources were “40% less” than in 2010 while, at the same time, the number of requests had increased by one-third. In its most recent annual report, published in July 2021, the ICO noted that there had been a build-up of the caseload over the financial year.

The other obstacle to the public being able to find out what is going on is the subject of my amendment. One exemption in FoI legislation relates to commercial interests in Section 43(2). This is a qualified exemption subject to the public interest test. Its application ought to be straightforward but, unfortunately, it is used regularly to refuse information in often the most absurd situations. The outgoing commissioner said:

“The reality of the delivery of Government services involves so much of the private sector now. The scope of the Act does not … cover private sector businesses that are delivering public services. I think that is a huge challenge. I have seen statistics that say up to 30% of public services are delivered under private sector contracts, but those bodies are not subject to”


FoI legislation.

I am afraid that the NHS is a frequent offender when it comes to this. We know that, over the years, the Government and the NHS have looked to expand private sector involvement. There is a long-established trend of trying to outsource some NHS functions to private contractors and a recent trend to set up what I can only describe as tax-dodging subcos, as they are called, to avoid VAT payments and reduce staff’s terms and conditions. This is where public health bodies set up their own subsidiary companies and transfer staff over. Basically, they do it to get around VAT payments, but we have also seen them use it to reduce the terms and conditions of the staff who are so employed.

What is so objectionable is that trusts frequently refuse to disclose information about what they are doing. Decisions are made in secret. In one example, an FoI request went in for the business case. In the decision-making record, the request was turned down on the basis of commercial confidentiality. This happens up and down the country. Section 42(2) is also used to refuse to disclose information long after any commercial considerations have gone.

This is a serious issue. As members of the public, we have a right to know when the NHS outsources services. The FoI legislation was never envisaged as getting in the way of transparency in those cases. When you combine it with the enforcement problem that we have, in essence we are seeing the FoI legislation not being effective. I am not sure how hopeful I am, but I am ever hopeful that the Government will see the error of their ways in relation to FoI. It was set up with the best of intentions and its principles still stand today in terms of transparency, but the more we see the public sector using the private sector, the more FoI considerations ought to come into play.

Procurement Bill [HL]

Debate between Lord True and Lord Hunt of Kings Heath

Committee stage
Wednesday 13th July 2022 Grand Committee

[The Minister of State, Cabinet Office (Lord True) (Con)]

I thank the noble Baroness and all those who spoke on this group on our previous day in Committee. It was obviously unfortunate that we could not finish this group then, but I am grateful to all noble Lords, including those who were here on Monday who are not able to be here today. It has been an interesting debate and I think that we will wrestle with the philosophy of this as we go forward. I have been interested in the contributions made.

I am constantly asked to define “public benefit”. One of the reasons why we have different political parties in this country and why politics has evolved is that, at different times, different people define it in different ways. The search for a total, accurate, 100% agreed definition that covers every possible eventuality may be an illusion. However, I understand that noble Lords are saying that they feel that there needs to be more clarity. No doubt we will continue this conversation on other amendments to come.

I was interested in this debate. As he knows, I have very considerable affection and enormous respect for the noble Lord, Lord Hunt of Kings Heath—it is very easy to say in this House that you have very considerable affection for somebody, because we are such a nice lot; I think generally we do mean it—and his experience. He said something very interesting. Having argued for his amendment, he said that this Bill would finish with something akin to what he wanted in it and that it would do that because it was a Lords starter.

The only way to interpret that is that the noble Lord would advocate using the power of the House of Lords to force the elected Government to include something in a Bill that they did not wish to include, in their judgment and in the judgment of the House of Commons. That is a perfectly legitimate point of view, but I was interested to see that the noble Baroness from the Labour Front Bench had signed that, as she just reminded us, and expressed her support for what the noble Lord, Lord Hunt, had said. Perhaps I should take this away and tell my friends that if ever there is a Labour Government, it would be reasonable for the unelected House to hold up Labour legislation indefinitely on a Lords starter in order to force change.

[Lord Hunt of Kings Heath (Lab)]

My Lords, he really cannot get away with that. There are huge numbers of different amendments, which all have the same intention of trying to implement the Government’s policies on climate change and sustainability, which, as the Committee on Climate Change has said, are absolutely fine. The Government’s problem is that they do not have the policies to implement their own strategy. All I am trying to do is to help them implement their strategy. I do not think that that is a great constitutional abrogation by your Lordships’ House. This is a Lords starter, the Government chose to bring it to the House of Lords, the Parliament Act does not apply and it is quite reasonable for this Committee—of course, I cannot speak for my Front Bench; I am speaking entirely as a lowly Back-Bencher—who is seeking to encourage the Government to recognise that they will lose this in this Committee and that the leverage they have to respond is less than it might be.

[Lord True (Con)]

My Lords, I think that was the noble Lord trying to wriggle off the hook but impaling himself back on it at the end of his remarks. We have to make this House work via the usual channels, and it is reasonable for an elected Government in another place to listen respectfully to the other House, which it should—it is our duty to ask the other House to think again on certain things—but there is a point where we do not say that it should be taken to the wire. However, if I am ever a Back-Bencher and there is something from a Labour Government that I do not like, perhaps I will take away the Hunt dictum—one of the advantages of continuing on Wednesday what you did on Monday is that you can read Hansard, and I read carefully what the noble Lord said—and practise what he preaches. Anyway, let us get on with the business at hand. It is an important issue on which the Front Bench opposite might wish to reflect.

Amendment 45, tabled by the noble Lord, Lord Wallace, and the noble Baroness, Lady Bennett, seeks to ensure that contracting authorities consider a number of additional requirements when carrying out procurements, including reducing net carbon budgets, supplier human rights records, data security in the platform, and transparency. In our view, as I have argued before in Committee, contracting authorities are able to deal with these matters as things stand, and in a way that is more targeted and effective than through inclusion in a broad obligation to “have regard”. In a sense, that is the difference between us. Although the noble Lord, Lord Wallace, said that his were modest demands, and deliberately did not include net zero, for example, that is brought in by the analogous amendment tabled by the noble Baroness, Lady Worthington.

Contracting authorities will be able to take account of suppliers’ carbon-reduction plans and other environmental objectives where they are relevant to the subject matter of the contract. It is unnecessary and potentially unhelpful to contracting authorities to attempt to impose on them all an obligation to have regard to a range of other factors, including net zero—as mentioned in the amendment tabled by the noble Baroness, Lady Worthington—in and throughout all of their procurement activities.

In particular, it places unnecessary burdens on them in relation to areas where this is of limited relevance and would open up smaller contractors unnecessarily to the risk of legal challenge. After all, these matters are also covered in another legislation. Contracting authorities will need—this is in the Bill—to consider the ethical and human rights record of the supplier, in some respects, when considering whether a supplier is eligible to participate in the procurement. We will discuss this issue later. The Bill contains effective provision on the exclusion and debarment of those who do not.

--- Later in debate ---

[Lord True (Con)]

As so often, the noble Lord makes an important point. I was charmed by one aspect of his arguments on continuity, when he complained that the Conservative Party kept changing Prime Ministers. I thought he was one of the main cheerleaders for a change in Prime Minister, so he cannot, in the immortal phrase, have his cake and eat it.

There is a duty in the Bill as drafted for a Minister of the Crown to keep the national procurement policy statement under review. It is not in the Bill—noble Lords have not been particularly receptive to the argument I put forward, although the noble Lord, Lord Coaker, has shown his eagerness to get his hands on the levers of power and use them—but the Government’s intention, with great generosity, is that it should be possible for a review of the NPPS to be undertaken in each Parliament. If one made a period of eight years or whatever statutory, then a new or different Government coming in would have to task primary legislation to make that change. That is the kind of structure we have been trying to operate in. Part of the reason the Bill has been framed in the way it has is to leave flexibilities, some of which your Lordships do not like and some of which at least one of your Lordships does.

I turn to Amendment—

[Lord Hunt of Kings Heath (Lab)]

The Government have put some objectives into legislation, such as the climate change targets. What we are saying is, for goodness’ sake, where that happens, link this Bill to the other pieces of legislation. Surely it all fits together then.

Procurement Bill [HL]

Debate between Lord True and Lord Hunt of Kings Heath

Committee stage
Monday 11th July 2022 Grand Committee

[Lord True (Con)]

That is what the noble Lord said.

[Lord Hunt of Kings Heath (Lab)]

No, the noble Lord, Lord True, was interpreting what my noble friend said.

[Lord True (Con)]

I always like to use two words when either reduces to one.

[Lord Hunt of Kings Heath (Lab)]

I could get into trouble quoting the noble and learned Lord, Lord Judge, to himself on constitutional issues in the Schools Bill, but surely I can quote the noble Lord, Lord True, to himself. He interpreted my noble friend’s words of wisdom as a dangerous attempt by my party—the Labour Party—to constrain individual private companies that sought to provide public services to conform to the will of whatever its wishes in power might be. If only.

I think my noble friend was really saying—no doubt he will come back if he thinks I have got it wrong—that this Bill presents us with a unique opportunity to influence a huge public spend in the direction of policies that we wish to see implemented. In today’s environment, climate change and sustainability are essential. One way or another, this Bill will leave this House with some form of words on that in it, and I doubt very much whether the Government will be able to take them out, bearing in mind that this is a Lords starter.

Procurement Bill [HL]

Debate between Lord True and Lord Hunt of Kings Heath

Committee stage
Wednesday 6th July 2022 Grand Committee

[Lord Hunt of Kings Heath (Lab)]

I am grateful to the noble Lord for considering my amendment. Does he accept part of my premise, which is that some public authorities are really not doing the right thing at the moment, despite Treasury rules and guidelines? In fact, the qualification the PAC made to the DH report is some evidence of that in relation to the NHS.

[Lord True (Con)]

My Lords, I could not possibly be tempted, particularly at 8.04 pm when the Committee needs to finish shortly and I already have a very long response to a large number of amendments. The Bill does have pipeline notices, which I have discussed: I will engage with the noble Lord on that before Report and I welcome that.

Amendment 141 is about a hugely important issue to which so many noble Lords spoke. The noble Baroness seeks to amend Clause 24 to require contracting authorities to take account of accessibility and design for all principles when drawing up their terms of procurement, except in duly justified circumstances. This is an issue of fundamental importance. It is of concern for disabled people, and I know that your Lordships hold concerns about accessibility very close to their hearts; it comes up in every piece of legislation.

As part of our broader goal of a simpler regulatory framework and increased flexibility to design efficient, commercial and market-focused competitions, the Bill does not dictate how terms of procurement including technical specifications are to be drawn up, which is the issue around Clause 24. It simply contains what is prohibited by international agreements and applies to all “terms of a procurement” as defined in Clause 24(5). We believe that this approach is better than the existing approach, as buyers are forced to truly analyse and develop the content of their specifications to address the needs of all those the public contract should support.

The UK has legal obligations, which we readily own and which will dictate how terms of procurement are drawn up, with accessibility covered by Section 149 of the Equality Act 2010, as mentioned by the noble Lord opposite. We consider that helps deliver the intended outcomes of both the current duties in this area contained in Regulation 42 of the Public Contracts Regulations 2015 and of this amendment.

I have heard the very strong speeches made by noble Lords on all sides, and I have seen the submissions from the RNIB and others. It is very important that we should have constructive discussion to test whether the Bill delivers the accessibility that your Lordships hope for. The Government remain absolutely committed to ensuring that public procurement drives better outcomes for disabled people. In our contention, there is no dilution of the commitment to accessibility under the Bill. The Government are clear that accessibility criteria should always be taken into account in every procurement, and the existing legislation ensures that that is the case.

However, we will engage further on this and on the other themes and points put forward by so many noble Lords in this wide-ranging debate. In those circumstances, I respectfully request that the amendments are withdrawn and not pressed.

Civil Servants: Reduction of Numbers

Debate between Lord True and Lord Hunt of Kings Heath

Thursday 24th March 2022 Lords Chamber

[Lord True (Con)]

I am delighted that I am not in a department where I have to defend the DVLA. I take note of what my noble friend says, and I think people will have heard the sentiment on that subject across the House.

[Lord Hunt of Kings Heath (Lab)]

My Lords, has the Minister noted reports that the number of Russian speakers in the Foreign Office staff has been reduced quite drastically over the past few years? Is he satisfied that the reductions in funding and staff for the Foreign Office, particularly in eastern Europe, have prepared it for the huge challenges that it now faces?

[Lord True (Con)]

My Lords, I cannot claim to be an expert on the linguistic training policies of the foreign service. I would say that we wish to have a Civil Service that is adaptable, nimble and responds to challenge, and that should involve a better awareness of future as well as present challenges, and that is certainly one of the things that the efficiency programme will look at.

Size of the House of Lords

Debate between Lord True and Lord Hunt of Kings Heath

Tuesday 18th May 2021 Lords Chamber

[Lord True (Con)]

The Government always seek to engage positively with the House; the House does not necessarily always engage positively with the Government. The Government did not accept the cap when it was proposed to come in by 2027 in the first report, and they do not accept it in the latest report, when it is due by 2024.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I think the House has been freshened up rather enough, and we hope that the Government might pause for a little time. Have the Government now set themselves against substantive reform of the House? If they have, why not at least engage with your Lordships’ House to see what incremental change could be agreed?

[Lord True (Con)]

My Lords, as the noble Lord knows, there have been a number of changes in your Lordships’ House over recent years. The Government have made their position clear: we are committed to looking at the role of the House of Lords, but we do not want to do so in a piecemeal way.

Ministerial and other Maternity Allowances Bill

Debate between Lord True and Lord Hunt of Kings Heath

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Thursday 25th February 2021 Lords Chamber

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, with the leave of the House, I thought it might be helpful if I made a brief statement at this early stage. The Government have listened carefully throughout Second Reading and in the various discussions I have had with noble Lords of differing opinions outside the Chamber. The Government recognise the strength of feeling on this issue and the desire of your Lordships’ House to give effect to this strength of feeling. The Government recognise the concerns that have been expressed, articulated today by my noble friend in his remarks when moving Amendment 1 and by many others in the debate on Monday, that in meeting the legal requirements of legislative drafting there may be more than one acceptable approach.

The amendments tabled in the name of the noble Lord, Lord Lucas, seek to change the drafting of the Bill to substitute the words “mother or expectant mother” in lieu of the word “person” in various places in Clauses 1 to 3. The Government accept that such an approach to the drafting of the Bill would be legally acceptable and that the intention and meaning of the Bill would be unaffected by such a change. As a result, the Government will accept the amendments tabled in the name of the noble Lord, Lord Lucas.

[Lord Hunt of Kings Heath (Lab)]

My Lords, in speaking to my amendments, I very much welcome the Minister’s announcement, as well as his willingness to talk to noble Lords on numerous occasions over the last four days. I also welcome the review he is announcing alongside the amendments tabled by the noble Lord, Lord Lucas. I had already decided to put my support behind the noble Lord, Lord Lucas. I prefer the term “woman” but, as he said, I am very happy with the substitution of “mother” for “person”.

I always wanted to see the Bill delivered so that the Minister can get her maternity leave, but I also wanted it to be clear and respectful to women. I am delighted that we have come to this outcome. There is no doubt that the use of the word “person” rather than “woman” or “mother” is not a technical issue that should ever have been decided by parliamentary counsel. It goes right to the heart of the Government’s attitude towards women, their rights and their ability to speak clearly about situations where their sex matters. In recent months we have increasingly heard about the Government’s concerns about free speech in this country. However, when it comes to issues to do with sex and gender, they have been remarkably silent.

I know that many noble Lords have received countless messages, mainly from women, since our debate on Monday—I have had over 200 messages. What comes through is their fear about the hard-won rights of women and their marginalisation in recent years. I was struck by the comments of one senior NHS consultant, who said:

“Language matters and sex-based rights depend upon that language … You are … aware of what happens when women have … tried to express similar concerns”


to those that noble Lords expressed on Monday. She continued:

“What happened to Rosie Duffield was disgusting, but the silence from her colleagues was also chilling and very disturbing.”


Other comments I received were:

“If we can’t speak meaningfully about sex, we will never end sexism, violence against women and girls, or misogyny”,


and:

“I have campaigned for equality across the board all my life and yet now I’m dismissed as a bigot and a transphobe for even trying to raise concerns at all.”


I too find it chilling that those who speak up for women’s rights can find themselves accused of trans hate and subject to horrific abuse, particularly if they are women. That really is a sign of free speech under threat.

At Second Reading, I listened very carefully to the noble Baroness, Lady Brinton, because she was one of the two speakers who disagreed with the general theme of our debate. She referred to the importance of the language used in legislation remaining inclusive and referred to trans men believing that using the word “woman” excludes them and therefore removes their rights.

As Louise Perry pointed out in this week’s edition of the New Statesman—actually, in relation to the Brighton NHS trust’s adoption of gender-inclusive language—one risk is that if you exclude one group to include another, you impact on their rights. It goes much wider than health, of course. How is erasing women from the language of the law somehow inclusive? Where is the equivalent pressure to change references to men in public health campaigns? Prostate Cancer UK does not come under fire for transphobia for talking about it as a men’s health issue.

It is women’s safety, dignity and inclusion that are compromised when organisations do not feel confident in maintaining the ordinary privacy of separate spaces for changing and washing. It is women’s specialist services, such as rape crisis centres, that are being replaced by mixed-sex services—the latest example being very recently in Brighton, with the contract being withdrawn from Brighton Women’s Aid.

It is women’s specialist services and charities where the staff are afraid to speak up for fear of losing funding. It is the women in the workplace who feel threatened if they speak up for their rights under the Equality Act. It is female academics who are being no-platformed and silenced because they are seen as “the wrong kind of feminist”. It is the women MPs in the other place who get the hate and abuse. That is not inclusion.

I support trans rights, and I support women’s rights. Sometimes, there can be a tension between them. That is why the Equality Act 2010 was so carefully drafted to recognise that, with separate characteristics and principles for reconciling and balancing rights when they come into conflict. The legislation uses the word “woman” not just in terms of defining the protected characteristic of sex, but throughout the Act in all sections related to pregnancy, maternity and lactation.

All institutions have a responsibility to avoid discrimination in relation to each of the nine protected characteristics as laid out in that Act, but it is increasingly common to find in the equality policies of many public bodies that the Equality Act characteristics of “sex” and “gender reassignment” have been replaced by a single word: “gender”. The protected characteristics of pregnancy and maternity are often forgotten. How can those organisations then assess how their policies impact on people in relation to sex and gender reassignment, when they collapse the two categories into one?

Furthermore, many are advised by organisations that tell them that even thinking about the possibility of a conflict of rights is transphobic. The result, of course, is that single and separate-sex services, which are enshrined in the Equality Act 2010, are coming under increasing attack, not least from the misleading guidance issued by many government bodies, local authorities and the EHRC.

I am very grateful to the Minister. This is a turning point and an important moment, but there is much more to do to protect women’s rights and the other rights enshrined in the Equality Act. I will certainly not move my amendment, but I thank all noble Lords who have given enormous support to this cause; I am very grateful.

Manifesto Commitments

Debate between Lord True and Lord Hunt of Kings Heath

Tuesday 16th June 2020 Lords Chamber

[Lord True]

My Lords, my noble friend recognises that we are living through un unprecedented crisis at the moment but, as he will well know, the Chancellor of the Exchequer has said that later this year there will be a Budget Statement, which will address a number of the concerns raised by my noble friend.

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, another manifesto promise was for

“a long-term solution for social care”,

but we have been here before. Last July the Prime Minister, standing on the steps of Downing Street, said he had prepared “a clear plan” to

“fix the crisis in social care”,

but nothing happened, and the palpable neglect of the care sector during the current crisis has been all too evident. Where is the plan that the Prime Minister had so carefully prepared last summer, and how is it to be financed?

European Union (Withdrawal) (No. 6) Bill

Debate between Lord True and Lord Hunt of Kings Heath

Report stage (Hansard): House of Lords
Friday 6th September 2019 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

Over the years that the noble Lord has been a Member of the House, he has regularly lectured it about its role in relation to the other place. Does he really think that this amendment, at this time, is at all appropriate for a revising Chamber?

[Lord True]

My Lords, I absolutely do. There is no purpose in this House if it is not to enable at some point the rights of the people to be sustained. Indeed, the one deliberate and absolute power of this House is that it can prevent the House of Commons extending itself indefinitely. We can require a general election after five years; we cannot in this case. That is an absolute power of this House under legislation. I am making a submission to and through this House to all the parties, and to people on both sides who support them, that this matter should be decided by a general election, not by House of Cards shenanigans on one side or the other—if you ask me, both sides are as bad as each other—as they try to do chess moves one against the other. I totally agree with what was said by the noble Lord, Lord Jones: it is doing nothing to advance the credibility of politics.

Business of the House

Debate between Lord True and Lord Hunt of Kings Heath

Thursday 4th April 2019 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

I am very grateful to the noble Lord for giving way. I really want to respond to the noble Lord, Lord Strathclyde.

[Lord True (Con)]

Will the noble Lord give way?

[Lord Hunt of Kings Heath]

No, I am making an intervention. It is not for me to give way to the noble Lord, much though I am sure we will be happy to hear from him in due course. The point I want to make to the noble Lord is that this House has dealt with emergency legislation in one day. I refer him to the Human Reproductive Cloning Bill, which I took through this House on 26 November 2001, with a Second Reading and Committee in one day. It was to stop a scientist from another country who was coming to the UK to carry out human cloning, and legislation was needed urgently. We took it in one day. This legislation is needed urgently because we do not have a functioning Executive, we have the most critical situation this country has faced in decades and the Commons has had to do what it did. That is why it is urgent. Surely the noble Lord can see that.

Business of the House

Debate between Lord True and Lord Hunt of Kings Heath

Tuesday 26th March 2019 Lords Chamber

[Lord True (Con)]

My Lords, I thank the Leader of the House for what she has said and, if I may, I will respond to that in my opening remarks, rather than at the end. For the avoidance of doubt, I must make it clear that I do not have any intention of using this amendment to either extend or not extend our stay in the European Union. Noble Lords who have followed our debates know my view. I deplore the fact that we are not leaving on Friday, but I recognise the circumstances that the Leader of the House has referred to; I personally will not make, recommend or participate in any attempt to talk out that statutory instrument, and I know of no proposal to do so. Therefore, any such suspicion is completely unfounded and it is no pretext for the Executive to evade the normal procedures of Parliament on these highly significant regulations that we will debate tomorrow.

Having set that aside, perhaps I may get on to the fundamental point that I want to make. I speak as someone who spent 13 years in the usual channels of this House and who has been a Member in the nine years that have followed. I have come to understand that there is no greater protection of this House, or indeed of Parliament as a whole, than the freedoms that your Lordships enjoy in procedure and the duties that are laid on the Executive. It is the flexible freedom that we have, and the demands that we are able to make of the Executive, that have enabled this House to become the undoubted master of scrutiny.

In these troubling constitutional times I submit that, wherever we stand, it is more important than ever that the House should protect its working procedures. If the Executive is incoherent and not consulting Parliament soon enough—or not consulting it enough—and if the other place now collectively purports to act as the Executive, then who provides the scrutiny if not this House and its committees?

The Joint Committee on Statutory Instruments is not a committee of this House but of both Houses. It exists to protect both Houses against the inappropriate exercise of powers by the Executive. We have in our Standing Orders something the other House does not: a requirement that a report is laid before Parliament by that committee before an important matter is debated. This Standing Order is a protection not only for this House but for the other.

The Joint Committee does a remarkable job. Over the last 18 months it has almost invariably met weekly on Wednesdays; we have heard my noble friend the Minister confirm that it will be meeting again tomorrow—I imagine at 3.45 pm, as always. Since November 2017, it has produced 56 reports, drawing 163 statutory instruments to your Lordships’ attention. Anyone who follows its work knows its importance.

I will not concern myself with the merits of the statutory instruments that might—and will—be considered by the Joint Committee. Neither will I consider this particular statutory instrument, which is not before us today. What is before us is an exceptional Motion from the Executive to set aside our Standing Orders and potentially defeat the need for a report on this very important SI by your Lordships’ Joint Committee before we debate this momentous matter.

In the Explanatory Memorandum just one reason is given. Paragraph 3.1 says that,

“there will be insufficient time for the Committee to report on this instrument in the normal manner”.

I ask your Lordships to hold that phrase, “in the normal manner”, in mind. The Leader of the House says that we have to vacate Standing Order 72. I will come back to the question of time, but let me draw your Lordships’ attention to the exceptional nature of the Leader’s Motion before us: to bypass the requirement for a report from this key parliamentary committee for both Houses. The clerks have told me—I am grateful for their advice—that there have been four such Motions this century—just four. One of those was last October when the Joint Committee was not even in existence.

This underlines the exceptional nature of a Motion to set aside our Standing Orders requiring the Joint Committee report to be laid before the statutory instrument is moved. I do not believe that this vacation of the duty of the Joint Committee to report can be justified, particularly as my noble friend the Minister has confirmed that the Joint Committee is meeting tomorrow to consider the matter. I do not accept the plea that there was no time. My noble friend the Minister has told us that the Joint Committee was informed last Friday. Its guidelines say that it is normal for the Joint Committee to take five working days to consider a matter, but equally the guidelines make provisions for it be done more expeditiously. I have no doubt—

[Lord Hunt of Kings Heath (Lab)]

My Lords, I am having some difficulty in following the noble Lord’s line of argument. I would have thought that his remarks would be better directed at the Prime Minister. After all, it is she who has prevaricated about letting the House of Commons make the decision in this regard and then twice ignored its views. With the greatest respect to him, given the dire situation that we are in, what alternative do we have but to take this SI as soon as possible?

[Lord True]

My Lords, the noble Lord makes a political point.

--- Later in debate ---

[Lord True]

I am grateful for the intervention from my noble friend. However, the position in our Standing Orders and constitutionally is that the Joint Committee on Statutory Instruments—a Joint Committee of both Houses, not just your Lordships’ House—considers important affirmative instruments and presents a report. My noble friend’s committee’s report will be immensely valuable but it cannot have the authority of a Joint Committee, which will have authority and distinction in both Houses.

[Lord Hunt of Kings Heath]

My Lords—

[Lord True]

I have given way to the noble Lord before.

[Lord Hunt of Kings Heath]

I want to say something about the intervention we have just heard from the noble Lord, Lord Trefgarne. He is chairman of the Secondary Legislation Scrutiny Committee of your Lordships’ House, which has to be distinguished from the JCSI. I thought it would be helpful to have that acknowledged.

House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL]

Debate between Lord True and Lord Hunt of Kings Heath

Committee: 2nd sitting (Hansard): House of Lords
Friday 7th September 2018 Lords Chamber

[Lord True (Con)]

Those strictures of course apply to the noble Baroness’s noble friend the noble Lord, Lord Adonis, as well, who has perfectly legitimately laid a Motion before your Lordships. I am never popular on my side of the House when I say this, but I agree with the spirit of that Motion and express some sympathy. I agree with some of the sentiments expressed, and I think we should be dealing with amendments as much as we can. I reject the charge of filibuster, particularly when it comes from those Benches that we have had to listen to for day after day filibustering on the question of Brexit.

I agree in principle with what my noble friend Lord Cormack says about incremental reform, but where is the incremental reform on the Liberal Democrat Benches? We introduced provision for retirement, and when I looked at the figures today I noted that despite the retirement provisions being in place for months there are still 98 Members on the Liberal Democrat Benches. They are not stampeding for the exit. There is no incremental reform there. There is no increment at all. I think that those who do not partake in the spirit of reform should be the last to lecture the House on the subject.

There is the question of proportion, which was referred to by my noble friend Lord Cormack. The reality has been alluded to briefly and is that the effect of this measure, if your Lordships pass it, is over time substantially to change the proportions within the House. It has been argued by others that we need to do something because, otherwise, proportions would change. If this measure is passed—I have an amendment on this matter later so I will not develop it at great length—then 20% of the Conservative Benches, 16% of the Cross Benches, 4% of the Liberal Democrats and 2% of the Labour Party would be removed. So it has a profound effect over time.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I can see where the noble Lord’s argument is going, but could he tell me at what point we would reach those figures? How many years will it take before those reductions took place?

[Lord True]

My Lords, I am not an actuary, but I know that at least 20 of the hereditary Peers on the Conservative Benches are already over 75 and a considerable number of them are over 80. I do not wish the Grim Reaper to visit any of my noble friends or indeed the noble Lords opposite, but the noble Lord knows very well that that is the position. It will happen. This would be statute, and over time that proportion will change. I have an amendment later that I hope will address that question; I hope we will get on and get to it, and I hope the noble Lord, Lord Grocott, will accept it.

I ask your Lordships not to accept strictures from the Opposition Benches but to guard the point of proportion. I agree that this should be a matter for the Government. I think we should also be looking at the issue of more comprehensive reform, as proposed by the noble Lord, Lord Adonis.

House of Lords Reform Bill [HL]

Debate between Lord True and Lord Hunt of Kings Heath

Friday 10th February 2012 Lords Chamber

[Lord True]

My Lords, I rather agree on constitutional principle with my noble friend Lord Trefgarne, but I do not think it is that significant a matter. I thought that one of the few advantages of becoming a Peer was that when a general election was called, canvassers representing my noble friends did not come to my door any more. It appears that, after this, they will.

[Lord Hunt of Kings Heath]

My Lords, perhaps the noble Lord, Lord Steel, will consider this point. Clearly it is an important principle whether Members of your Lordships' House should vote in general elections. In the context of wider reform, noble Lords need to consider very carefully what are the implications of your Lordships' House saying that Members of this House should have a vote for the other place. Members of the other place might take that as being an invitation, when the substantive Bill comes, to think about parity. That has wider implications.

Secondly, we surely agreed just now that if the Bill is to proceed in the other place, it has to be as simple as possible and to provoke as little debate there as possible. I worry that this issue might provoke a great deal of debate. The noble Lord might consider that between now and Third Reading.