(1 year, 9 months ago)
Grand CommitteeMy Lords, I thank the Minister for his remarks, which were lucid and forthright. Is it the case that the DVLA referred to in paragraph 7.2 of the Explanatory Memorandum is the DVLA at Morriston in Swansea? That is a huge, valued employer in Wales with a marvellous workforce. One does not want a Scottish competitor, if I may say so. It must be securely located in the Principality. Similarly, where is the Joint Air Quality Unit located? Is it a UK unit? Lastly—I want to be brief in this cool Moses Room—there is a reference in paragraph 12.1 of the Explanatory Memorandum to a “Justice Impact Test”. Can the Minister elaborate on what that process is?
My Lords, I thank the Minister for introducing this order; I think he said that it is the first order he has introduced so I welcome him to this process. Having been involved in the process of statutory instruments for a decade, there are various responses to being here with this massive attendance, which is not untypical.
This is a devolution order. I have so far managed to avoid any such orders, so I will tread with care. It seems to me that the general philosophy, if the two sides have agreed this, is that the preponderant input is from the Scottish Government and that this order merely enables and completes it. It then seems that the order has three areas. One covers low-emission zones; here, it is clear that this is what Scotland wants to do in terms of such zones. There is also a section on bus services, ticketing and so on and a section on pay conditions and pension protection. My first question is this: why now? It seems that the essence of the order is to make the Transport (Scotland) Act 2019 work. That must have been sorted out three and a half years ago, so I am not clear on how it has worked in the meantime and why this was not done earlier.
The low-emission part is straightforward, as far as I can see, as is the employment part; they are perfectly sensible. The area where I had some trouble understanding was on the role of the CMA. The essence is in Article 21(1), on page 9 of the order, which says:
“A qualifying agreement to which this Chapter applies is exempt if— (a) it contributes to the attainment of one or more of the bus improvement objectives”.
That seems to be not exactly in conflict with but tested against paragraphs (1)(b) and (1)(c), which state that such an agreement is exempt if
“it does not impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives”—
I always love these double negatives—and
“it does not afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the services in question.”
I thank noble Lords very much for those succinct questions. I turn first to the noble Lord, Lord Bruce, and the operation of the low-emission zones. These are appearing in all parts of the UK. They tend to be devolved to local authorities, which are in a position to make up their own minds how they operate. We have them going in London and Oxford; in Scotland, Glasgow is now in its pilot. They are very much a devolved matter to allow the local authority to decide how to operate them in its own area. In fact, this whole order simply implements the devolved settlement.
The noble Lord, Lord Tunnicliffe, asked why it has taken so long, with the 2019 Act now coming here in 2023. I guess it is not the first time that legislation in Scotland has taken a while to come through the system. There is nothing particularly controversial in this; I assume it is just how the wheels have turned. This is very much to allow the Scottish Government to proceed with their traffic Bill, and we are working in co-operation with the Scottish Government. Low-emission zones will therefore be run by the local authorities.
The specific question about the ferries is a good one. The briefing I have here is very much in relation to the buses, because there will be some changes to the bussing arrangements. It is a change from the established system of quality partnerships to a new partnership basis, where the local authority will have a different arrangement with franchise operators. The noble Lord, Lord Bruce, is absolutely right to say that there is very little competition on the ferries, with Western Ferries perhaps being one of the few cases where there is. If the noble Lord does not mind, I will follow up specifically on that because the buses point is well covered but the ferries point is not covered quite so well.
On the other questions that arose, the DVLA remains in Swansea and remains a UK institution. All this does is to allow the transfer of information effectively from the DVLA to the Scottish authorities, so that will remain in place. Similarly, the Joint Air Quality Unit shall remain. The whole point of devolution is to allow the UK institutions to remain in place and the Scottish Government to interact with them.
In terms of the justice impact, there is always an impact assessment done on legislation. That is done by the Scottish Government on their legislation; we do not do a further impact assessment. The Scottish Government have done their impact assessment on this Act and they consider it to be positive for the community and the people of Scotland.
There is a similar issue around the role of the CMA and the Competition Act. We are not changing anything to do with UK law around the Competition Act. It remains absolutely as it was before; all we are doing is making a provision for bespoke competition regimes to apply, and it is part of the devolution settlement that that is the case. This is very much Scotland being allowed to run its own transport system and to make its own decisions locally, but by referencing UK institutions when required.
Can I help the Minister by defining my question more precisely? In that paragraph there is a balance between two concepts: one is better buses and the other is preserving competition. Somebody has to decide which of those arguments works. I would have thought that could result in the CMA coming into conflict with the Scottish Government or the Scottish local authority that wants to introduce a much better bus service, or have I totally misread that?
The local rules for competition will be set by the Scottish Government within the Scottish jurisdiction. The whole point of this is to allow them to do that; they will set their own rules, hence the reason for changing the arrangements around buses. Under this order, the Scottish Government are able to implement the Act that allows them to change the competition rules for themselves, within their country. That is fully devolved to the Scottish Government.
Would the Minister be kind enough to review that answer and, if he is not entirely happy with it, write to me?
I would be very happy to clarify that point. We have covered the matters raised, so I will finish by reflecting and agreeing with the noble Lord, Lord Bruce, on how the majority of business done between the two Governments is done by officials, behind the scenes, reasonably competently. We work very hard to do that through the interministerial groups that we now have with the Scottish Government. We have a very difficult situation in the other place today—the first time a Section 35 order has ever been implemented—but, on the whole, we work together closely. On that basis, I beg to move.
(4 years, 8 months ago)
Lords ChamberMy Lords, I, too, thank the noble Lord, Lord Bates, for securing this debate. I also thank him for his introduction and his review of the scheme. It was a comprehensive presentation and I thought it particularly important in bringing out the fact that victim satisfaction radically improved—and the impact of avoiding short sentences, with their known failures.
Our criminal justice system is failing in its key task of tackling reoffending. This failure has created more victims and left their communities less safe. Reoffending costs are estimated at £18 billion per year, and nearly two-thirds of short-term prisoners go on to reoffend. Despite the Government admitting that their part-privatisation of the probation service was a disaster, they are still insisting that millions of pounds’ worth of new contracts should be handed to private probation companies. Rehabilitation and probation do not produce the best results when they are run for private profit, as Checkpoint’s welcome findings demonstrate. The programme’s tailor-made approach to cutting reoffending tackles underlying issues such as mental health and alcohol and drug misuse, and aims to improve life chances.
The first results from the trial have found a 15% drop in reoffending. Of the 2,660 offenders involved in the trial to date, only 6% have reoffended. It also appears cost-effective, suggesting that for every 1,000 offenders it saves at least £2 million a year in reduced crime. What research have the Government done on the most cost-effective ways to bring down the rate of reoffending? Does the Minister believe that short, ineffective sentences are unnecessarily adding to the cost of reoffending?
Labour has long argued that our criminal justice system needs to be rebuilt, with a focus on crime prevention and early intervention, giving people the best chance of rehabilitation. We have also said that effective police work requires the police to work collaboratively with youth workers, mental health services, schools and drug rehabilitation programmes. Checkpoint’s findings are impressive and I commend the work of the Durham Constabulary. I hope that the Government will sit up and listen.
(5 years, 3 months ago)
Lords ChamberMy Lords, I will comment briefly on this issue. It is a very important one, but there are some difficulties. Before I get on to those, I hope that the noble Lord will support my amendment later this evening about unaccompanied child refugees in Northern Ireland. At the moment, because Stormont is not in action, it is impossible for unaccompanied child refugees to be referred to Northern Ireland, although I know the very hospitable people there would like to see this happen. There is a blockage at the moment because of the impasse at Stormont.
Having said that, I will turn to the substance of the argument about guardians. I talk not only about young people who have been trafficked and exploited but about child refugees generally. The idea of a guardian is a good one, because these people face a whole range of issues, having gone through appalling experiences, and nobody is there to pull everything together. Social workers may do some of this, but the range of issues is wider than might be susceptible to social worker intervention. That is where guardians come in, who take a holistic approach to the needs of the individual young person and can then intervene, help and mobilise other agencies. So I think it is a good idea.
The difficulty is this. As I understand it, there are some guardians in Northern Ireland and some in Scotland. They tend to be social workers with at least five years’ professional experience. These people are pretty hard to come by. I have talked to local authority leaders in London, who say they would love to do this, but they do not have enough qualified social workers with the right experience to take on that responsibility. I am aware of the difficulty. It is a good idea. If we can find a way of dealing with resourcing difficulties, fine. We could start with young people about whom there is evidence that they have been trafficked or exploited more than most child refugees. I would like the Minister to be positive about child refugees in Northern Ireland generally later on.
My Lords, this is an example of the fact that a number of things which would normally be dealt with by the Executive have become sufficiently urgent to be considered. This seems to be a sensible idea—and, as I understand it, the Minister is going to produce appropriate warm words.
My Lords, I thank the noble and learned Baroness, Lady Butler-Sloss, for her brief introduction, and other noble Lords for their remarks, particularly the noble Lord, Lord Dubs.
Ensuring that victims of human trafficking receive the support and care they require is an important issue, which this Government take seriously. It is important that the right safeguards and checks are in place to protect this group of people. This is also true in Northern Ireland, where independent guardians must be qualified social workers with at least five years’ post-qualifying experience of working with children and families, as the noble Lord, Lord Dubs, said. Our approach in this space needs to be guided by the principle of ensuring that we do not expose these vulnerable people, or the excellent individuals who care for them, to harm.
As I said in Committee, noble Lords will be aware that these are matters for which responsibility in Northern Ireland has been devolved, therefore falling outside the responsibilities and scope of the Secretary of State for Northern Ireland. In line with the principles of devolution, it is the Government’s view that those Northern Ireland departments charged with responsibility for these matters should be accountable not to Westminster but to the Northern Ireland Assembly. However, the Government acknowledge that if it is the will of Parliament that the Secretary of State should report on these issues, the Northern Ireland Office will engage with relevant Northern Ireland departments to ensure that she is able to do so, as far as possible, in a meaningful way, where information is available. I hope this provides a degree of reassurance for the noble and learned Baroness.
I also wish to advise on the limitations of the Secretary of State’s capacity to report comprehensively on matters of devolved competence, and to emphasise that it may not always be possible to make available the required information. We must approach these issues carefully, and with heightened sensitivity. Releasing information in relation to the number of children supported by an independent guardian could, given the very small number of individuals involved, compromise their identities. Clearly, this is not the intention of this amendment, but it is a risk we must be aware of and mitigate.
We can accept Amendment 4, on the introduction of a requirement to report on the work of independent guardians in Northern Ireland for victims of human trafficking, noting, as I said, the need to approach sensitively. We should not cut across devolved powers but, given the importance of this issue, it is reasonable for the Secretary of State to provide a report to Parliament. However, I ask the noble Lord not to press Amendment 10, on debating the report. I am happy to meet the noble and learned Baroness or the noble Lord to discuss the report when it is published. It would be most unusual for obligations to debate reports to be placed on the Government by primary legislation. As this is a devolved matter, I am happy to facilitate a meeting between the noble and learned Baroness and Northern Ireland’s Department of Health for a detailed discussion of its work in this area, as its staff are the experts in this devolved work. Based on that explanation and commitment, I hope the noble Lord and the noble and learned Baroness will feel unable to put this to a vote.
My Lords, I strongly support the view that what we need is a devolved Government in Northern Ireland. Paying attention to items that separate us is very detrimental to making progress. On the items that the noble Lord, Lord Empey, has cited, perhaps reliable legislation is not quite so important as the others, but all the others are vital for day-to-day life in Northern Ireland. I sincerely hope that the Northern Irish parties, all elected to the Assembly with the responsibility that they have, can come together on such items to get things done. Otherwise, if we have a progress report on implementation, what is it going to tell us? That nothing has happened. That is absolutely useless.
What we really need is to do our level best to get the Executive into action. I understand that there are some matters that divide the principal parties in Northern Ireland. In fact, there are things that divide people continually, but having a Government who can carry out the essential matters referred to in the amendment of the noble Lord, Lord Empey, is an urgent matter, and the responsibility primarily lies with those who have been elected to the Assembly. I hope that the Government will do the best they can on these items, but surely the main message is that those responsible, elected by the people to serve in the Assembly, should come together and form an Executive to carry these things out.
My Lords, I thank the noble Lord, Lord Empey, for bringing forward these amendments. There seems to be a consensus in the House on the importance of forming an Executive as soon as possible. The noble Lord serves that cause by illustrating the serious issues that have not been processed. We are 100% behind the re-forming of the Executive, and we hope that the people and the politicians of Northern Ireland see the wisdom of that. The amendments are interesting and useful, and I hope that the Government will be saying appropriate warm words.
My Lords, the noble Lord, Lord Empey, has raised important issues and made some very valid points, and I add my name to those who have expressed their gratitude to him for doing so. My noble friend Lord Duncan has been keen to update the House on progress in establishing the RHI hardship unit, and I am very happy to accept the requirement to publish this report by 21 October or earlier. The reports that the noble Lord requests are on libel and suicide strategy.
I note the points made by the noble Earl, Lord Listowel, and the noble and right Reverend Lord, Lord Eames, and I have taken note of the tragic anecdotes that have been told. The issues of NHS waiting times and welfare mitigations were also raised. All are matters of great importance, as my noble friend Lord Duncan set out in Committee earlier this week, and we fully understand the reason for raising them in this place. We are without a sitting Assembly in Northern Ireland to debate these matters and to consider ways forward that serve all of the people of Northern Ireland.
These are all devolved matters. It is this Government’s fervent hope that Northern Ireland’s political leaders can see their way to agreeing to restore the devolved institutions. We have had some passionate speeches to this effect during this short debate. As these are devolved matters, I do not purport to be able to significantly enlighten the House on the substance of the important issues the noble Lord has raised. But in light of the great value of these amendments, I am happy to accept them today and to commit to one-off reports on the issues specified.
In conclusion, I will answer a question that was raised by the noble Lord, Lord Bruce of Bennachie, on what might happen upon the production of the reports. I say on behalf of the Government that it is our sincere hope that the incoming Ministers in Northern Ireland will draw from these reports to make progress on these important issues. They will be published and will therefore be public documents.
My Lords, as the fourth name on the amendment I pay my tribute not just to the noble Lord, Lord Hain, who has led this campaign with real, dogged determination, but to the noble and right reverend Lord, Lord Eames, and the noble Lord, Lord Bruce. We have worked together with other colleagues and we all are extremely grateful to the Minister, who has met us on a number of occasions. He has listened carefully and, far more importantly, acted.
It is crucial that in every piece of literature distributed, and in every announcement made, those words,
“through no fault of their own”,
are emphasised time and again. So long as that is done, I am confident that we will maintain the unanimity we have so far enjoyed. We have had two long and quite difficult days. There is no one who is happy about the suspension of devolution or about the hurried manner in which we have to deal with this legislation. But there has been one bright, shining light: this amendment and the Minister’s response. We should all be extremely grateful and thank him most warmly.
My Lords, for the avoidance of doubt, my noble friend Lord Hain’s amendment has our full support.
My Lords, I once again listened with care to the noble Lord, Lord Hain, as he introduced this amendment. On reading it, I was rather alarmed that the words,
“through no fault of their own”,
which were evident in our previous debate and which he has repeated, were missing. I would certainly not accept that anyone who was injured through fault of their own—in other words, terrorists—should be allowed to receive a pension. That would be not only an insult but an absolute shame. I know that it would certainly be deeply hurtful to those across the community who have been terrorised and injured through terrorist activity.
I will therefore listen carefully to what the Minister says in response to this, because that was the proviso which meant so much to me when I listened to the noble Lord, Lord Hain, on the previous occasion. He pointed out that the pension was a recognition of the great harm done to men and women through no fault of their own. We need to keep that right in front of us, so that there is no misunderstanding as regards any judgment that may follow or any judicial review that is done, with people saying, “What did the House mean by this determination?”.
As far as the other place is concerned, I think the noble Lord is long enough in public life to know that my deputy leader and colleagues in another place will carefully scrutinise the Minister’s words and then, no doubt, vote accordingly.
(6 years, 7 months ago)
Lords ChamberMy Lords, my name is not associated with this amendment but I am a regular attender of the London Boat Show at the invitation of British Marine. I have a specific question for the Minister to answer when he sums up. The record figures for the export of yachts and recreational craft this year were spectacular. But a source of concern to British Marine once Britain has left the European Union is the extent to which Britain will remain aligned with the legislation. I mention that because we transposed the recreational craft directive onto the statute book. The British Marine Federation was instrumental in making sure that that directive did not cause too much damage to our industry in terms of the standards with which it had to comply. Will the Minister assure the House that we will continue to align ourselves with future legislation to make sure that our main export market for recreational craft will still be there and that we will have some means of ensuring that the concerns of the British marine industry can be made known when future statutory instruments are being negotiated?
My Lords, I declare my interest as a recreational boater and I thank the noble Lord, Lord Fox, for proposing the amendment of my noble friend Lord Berkeley. Everything that he said seemed entirely reasonable and I am sure that the whole House awaits the Minister’s concession on this point.
My Lords, in moving this amendment, the noble Lord, Lord Fox, said that it may not be at the front of everyone’s minds. But as often happens in these circumstances, this particular issue is almost the nexus of all the key issues affecting withdrawal from the EU, whether it be our mutual recognition of certain types of goods for the purposes of customs duty, the precise arrangements and procedures for ensuring cross-border security or the mutual recognition of professional qualifications. So in truth, one might argue that this is a key amendment in many respects. The noble Lord, Lord Fox, is right to remind us of the significance of this sector. It is a substantial contributor to the Exchequer and a major employer. It is also, as a number of noble Lords have noted, a source of much pleasure, and we should not lose sight of that.
In responding to this debate it is important that I am very clear, so perhaps I may turn directly to the specific question raised by my noble friend Lady McIntosh. She asked whether we will continue to align with future legislation within the EU. I am afraid that that is a commitment I cannot give at this moment because it will be determined by the ongoing negotiations and our future relationship at that point. However, it is important to stress that we are in very regular contact with the British marine sector and are attentive to the issues that it is raising. I hope that in saying that, my noble friend will recognise that it is our intention to be very careful as we take this matter forward.
The noble Lord started by saying that this is the nexus of the issues virtually across the piece. He is painting a very dull picture of the future if he cannot assure us that in this area we are able to achieve the objectives of the amendment.
I thank the noble Lord for his probe in this regard. This is, if you like, the epitome of the challenges we are facing, but unfortunately it is larger than the individual amendment can recognise and what it seeks to do, which is to have Ministers place before us a single report setting out both the current arrangements and thereafter the arrangements that we secure through negotiation. The arrangements we secure through negotiation will be detailed for this House and will be iterated so that we understand what they are, and they will emerge from that negotiation. It is not our intention to downplay the significance of these issues, but we must recognise that they play a part in a wider question, in particular when it comes to the customs issues. On that basis, I still hope that the noble Lord will be able to withdraw his amendment.
(6 years, 11 months ago)
Grand CommitteeThat might be the opportunity for that pause. I appreciate some of the points which the noble Lord is making, but he will need to find support in the House. I am not sure whether I can comment on that at the moment, but I recognise the passion with which he makes the point, which is that issues are now unfolding. I stress that this matter was devolved to the Scottish Parliament and the Scottish Government; I do not believe that we can now revisit it in the fashion which the noble Lord would like, if I am being frank. I hope that that gives some answer to that.
I have one more answer to give to the noble Baroness, Lady Donaghy. She will be pleased to know that I will write to her, because she asked quite a technical question which requires a technical response. If she will allow me, I will write to her in due course with that information, and will happily share that with everyone else in the Room.
Perhaps I can help the Minister. I believe that whatever happens today, provided that my noble friend indicates to the Government Whips that he intends to debate the order on the Floor of the House when it is called, they will seek to make time so that there can be a proper debate.
Helpfully, apparently that is a matter for the usual channels, and I am not one of them, so I hope that that will be resolved in due course and that the noble Lord, Lord Foulkes, will find his satisfaction through that.
(7 years, 8 months ago)
Lords ChamberMy Lords, the position of the Labour Front Bench on this issue is one of neutrality. Given the level of support recently in the Commons—330 against and 118 for—it is unlikely that we would press for parliamentary time to take this issue further. If a Bill did come before Parliament I would expect there to be a free vote on the substance of the Bill, but nevertheless I expect that we would participate in the debate on the detail to ensure that safeguards were adequate.
(7 years, 11 months ago)
Grand CommitteeI thank the noble Lord for his speech and the clear explanation of the draft regulations. We are happy to support these changes. Voters in Great Britain have been able to access online registration since 2014 and the Electoral Commission recommended last year that this should be extended to Northern Ireland. Online registration is a quick, easy and, so far, popular alternative to the paper form. We welcome that this choice will now be open to voters across the whole of the UK. This is particularly welcome with regards to encouraging young people to vote, as we know that online registration in Great Britain has been widely taken up by younger voters.
The Minister is of course aware of the specific concerns relating to electoral fraud in Northern Ireland. We have been assured that the plans are brought forward with the support of the Electoral Commission and the Electoral Office for Northern Ireland. What kind of monitoring and evaluation will be done following these changes to ensure that the system works as intended? I ask that specifically with the provisions for the introduction of digital registration numbers in mind, to ensure that the absent voting system is not left vulnerable to electoral fraud. With assurance that the right safeguards are in place, we are content to support the regulations.
The Minister will be aware of concerns over the closure of electoral offices in Northern Ireland and the effect that this will have on jobs and on people’s ability to access local services where they do not have access to the internet. I know that the Government are consulting on the future of electoral services in Northern Ireland, and will not ask the Minister to pre-empt the consultation. But can he assure the Committee that for those voters who wish to use a traditional paper form to register to vote, that excellent service will still be available alongside the welcome access to online registration? I repeat that we are happy to lend our support to the regulations, and I look forward to the Minister’s reply.
I am grateful to all noble Lords for their contributions and their support for the fundamental measure that we are proposing, which is extending digital registration to Northern Ireland. I will take the points raised by my noble friend Lord Empey in order. I note that these regulations are about digital registration, and many of his comments related to other aspects of policy.
First, on access to broadband, one can register online without having broadband. A standard internet connection will be enough and one can even register using a mobile phone or tablet if it is internet enabled. The reality is that there are rural areas across the UK that do not yet have the internet service that we would like and Northern Ireland is not unique in that regard, but that is not a reason to delay the introduction of this service.
My noble friend and the noble Lord, Lord Tunnicliffe, both asked about overall staffing of the Electoral Office for Northern Ireland. Staffing and the administrative implementation of digital registration are an operational matter for the Chief Electoral Officer for Northern Ireland. On wider matters, there is an ongoing consultation into the future structure of delivery of electoral services in Northern Ireland, and I hope that all interested parties will take the opportunity to contribute. In particular, the consultation seeks views on an enhanced role for district councils, which, as we indicate in the consultation paper, could pave the way for an increase in the provision of local services. However, we will consider very carefully consultation responses before reaching any final decision.
In terms of a digital system being more open to electoral fraud, clearly we believe that we have put in place a robust system. Details of an applicant’s name, date of birth and national insurance number will be checked against the national DWP database to ensure state-of-the-art identity verification. Once the identity check has been conducted, the electoral office will still run further data matching to verify addresses. That is not an automatic system. Once the computerised checks are completed, it will be for the Electoral Office for Northern Ireland’s staff to determine whether an individual is placed on the register. If there are concerns, they can contact the individual for more information. The other safeguard is that the certificate of registration will be sent by post to the registered address as a final identity check.
In answer to the noble Lord, Lord Tunnicliffe, the cost of extending the digital service to Northern Ireland is £250,000, which will be met by the Cabinet Office. Finally, I assure the noble Lord, as I did in my opening remarks, that this is to provide people in Northern Ireland with a choice, and the paper-based system will continue to be available for those who wish to use it.
To go back to another point that my noble friend Lord Empey made, engagement with schools is, again, an operational matter for the chief electoral officer, but no doubt this will continue to be of high importance in the future.
As I said, I am grateful for noble Lords’ contributions. I think that in this modern day it is right to give people the option of digital registration, and it brings Northern Ireland into line with Great Britain, while reflecting the differences in electoral law between Northern Ireland and Great Britain. We are designing the system in such a way as to retain voters’ confidence in its security. As I said at the outset, I hope that this will play an important part in increasing political participation in Northern Ireland.