Chilcot Inquiry

Lord Tyler Excerpts

Tuesday 1st July 2014 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, I thank noble Lords for their various contributions to this debate. The Government are also disappointed and frustrated that it has taken a good deal longer than we—or the Labour Government, which set up the inquiry—had originally hoped to complete the exercise. However, let me stress the exceptional nature of this inquiry.

I entirely welcome and agree with the emphasis of the noble Baroness, Lady Morgan of Ely, on this not being a matter of partisan debate between the parties. We need to get at what went wrong and the constitutional implications of what happened. We therefore want to keep this out of the election campaign, so far as we can. The sort of timings which the noble Lord, Lord Owen, suggested are well understood in government, in terms of not getting too caught up in the pre-election atmosphere.

Let me remind all noble Lords of where we started. The Chilcot inquiry was announced in June 2009 to identify the lessons that can be learnt from the Iraq conflict and the occupation which followed. It has looked at the UK’s involvement in Iraq in the period from the summer of 2001—at the time that the Prime Minister, Gordon Brown, announced the inquiry, that was some eight years previously and it is still less than 13 years away—to the end of July 2009, which is now some five years past. The inquiry embraces the run-up to conflict, the military action and its aftermath and the way that decisions were taken and it aims to establish as accurately as possible what happened to identify lessons to be learnt.

We have not previously published documents less than 30 years ahead, except in the most exceptional circumstances. Part of the delay and part of what has been going on is the product of having agreed that we will publish documents relating to recent events and referring to people who are still in active political life. That is part of the exceptional circumstances in which we are working.

Since 2009, the inquiry has taken evidence from more than 150 witnesses; it has travelled to Baghdad and Arbil for discussions with Iraqi politicians; to Washington to meet officials from the United States Government; to France to talk to French officials; it has met the families of British personnel killed in Iraq; and has read more than 100,000 UK Government documents. When Gordon Brown announced the inquiry in the House of Commons, he said that the committee would have access to the fullest range of papers, including secret information, and, as the noble Baroness has quoted, that,

“No British document and no British witness will be beyond the scope of the inquiry”.—[Official Report, Commons, 15/6/09; col. 23.]

It takes a long time to work through 100,000 documents, to consider where there are sensitive issues remaining and, in the process, incidentally, to consider a number of other documents which had not been provided to the inquiry. These are the supplementary ones which were discovered and have been provided in recent months. The inquiry is examining difficult and complex issues. The inquiry has estimated, it has told us, that its final report will be more than 1 million words.

The Sunday Telegraph remarked that the rate of spending had increased over the past two to three months. That is partly because the website has been revamped and expanded in order to cope with the amount of information which will be downloaded on to the website as it is published. It is a part of the preparation for publication.

As part of the process of drafting the report, the inquiry has sought the declassification of material from many thousands of documents from the Government. It says in my brief that this is absolutely unprecedented. If there is any comparison it would be the Saville inquiry in Northern Ireland, which also took a great deal longer than had been hoped, partly because the complexities it raised were much more difficult than had been understood fully at the beginning. As Sir John Chilcot has acknowledged, the process is labour intensive for both the Government and the inquiry. He said in November last year that he was grateful for the work done by departmental teams to deal with the disclosure of documents.

I hope that noble Lords have seen the letter of 28 May from Sir John Chilcot to Sir Jeremy Heywood as Cabinet Secretary, published on the website the following day, that agreement had been reached on the principles underpinning disclosure of material from Cabinet level discussions and communications between the UK Prime Minister and the President of the United States which the inquiry has asked to use in its report. My understanding is that most of the work on the 200 UK Cabinet meetings from which extracts will be provided has now been completed and that the inquiry is now working on the UK-US documents.

Again I have to stress that we regret that it has taken so much time, but we also recognise the sheer complexity of what the inquiry is working on. I have talked to a number of the Cabinet Office people assisting the inquiry and I am impressed by the pace at which they are now working and the hopes that they have that we are now within sight of the end.

The answer on the Maxwellisation process, which comes next, is that the second letters have not yet gone out but we hope to send them out within the near future. The Maxwellisation process will then take, we hope, a matter of weeks rather than months. The Prime Minister has stated clearly that it is his hope that the inquiry will be able to provide a report before the end of the year.

[Lord Tyler (LD)]

Will my noble friend specifically address the important point made by the noble Lord, Lord Owen? I recall very well, as a Member of the other place during the time—I am not sure whether any of my colleagues are here—the very specific information given to the House of Commons in preparation for that vital debate and vote. Will my noble friend give the House an explicit assurance that there will be careful consideration by the Government of precisely how we as a Parliament are going to look at the parliamentary implications of the Chilcot report? In that connection, it would be intolerable for the end of this Parliament to come before we yet had sight of the Chilcot report and its recommendations.

[Lord Wallace of Saltaire]

I understand fully what the noble Lord says and indeed what the noble Lord, Lord Owen, has said. I stress that this is an independent inquiry that the Government have stood back from, so the Government do not control what is happening in it. However, I entirely understand that when it is published it will be for Parliament, and a number of parliamentary committees, to take on board how much information was given and what the implications are for further information from the agencies and other aspects of government. That will be part of the follow-on to publication.

Representation of the People (Supply of Information) Regulations 2014

Lord Tyler Excerpts

Monday 16th June 2014 Grand Committee

[Lord Maxton (Lab)]

My Lords, the Minister would be surprised if I did not make some comment, but I shall be very brief. All of this would be totally unnecessary if the Government had not got rid of identity cards—what would now be called smart cards—at the beginning of this Parliament. If they had not done that, none of this would be necessary. We would have moved to compulsory ID cards and compulsory registration. All registration would have been based on the ID cards and that would have solved an awful lot of problems.

[Lord Tyler (LD)]

My Lords, I apologise to my noble friend as I missed the first few sentences of his introduction. I am moved to make a contribution only by the remarks of the noble Lord opposite. I wish to congratulate the Government on what I think has been an extraordinarily successful exercise. They have made huge progress. Many of us who have attended debates in this very Room over the past seven or eight years on this issue have been filled with foreboding that such an important but nevertheless rather dramatic change to our electoral registration system might have some major problems. It would seem that, on the whole, those problems have been dealt with most effectively. I think that it is only right that your Lordships’ House should express its appreciation and congratulations to the team within the department, which has worked so hard to make this a success, together with those in other parts of the administrative system, notably the Electoral Commission.

I have just one question for my noble friend. He made brief reference to paragraph 8.10 of the draft Explanatory Memorandum, which includes the question of whether the transition period might be extended. I think that I understood him to say just now that that decision can be taken only after the general election by whatever new Administration come to power. I would be grateful if he could just clarify that because, if there is any change in the transition programme, it is important that we know in good time, well in advance, that any such change might take place. However, I think that I understood him to say just now that that could take place only after the general election in May 2015.

[Lord Kennedy of Southwark (Lab)]

My Lords, I have only a very few comments to make on these regulations. As they stand, we support them because they will allow political parties to assist in promoting IER. One general point that I make every time that I stand at the Dispatch Box in the main Chamber is my concern about the people who are not registered to vote—at least 6 million people. Nothing I see coming from the Government ever deals with that. The Minister gave a figure of 85%, up from 75%. Is that 85% of the people who are presently registered, so that even more than 6 million people will not be registered? I want to hear more from the Government about what they will do about those people, because I do not see much for them at all.

I do not share the optimism expressed by the noble Lord, Lord Tyler, about how it is all going so well. The situation has certainly improved but I am also very well aware that there were some serious problems at the start. I know that from my membership of the Electoral Commission and elsewhere, so things have improved. Whatever Government are in power after next year will have to think very carefully about how to introduce this. If it is not perfectly right, we will have to extend the period to allow people to come on to the register, because it is really important that we allow our citizens to get registered properly. If there is a risk of more people being left out, it is not good practice.

Could the Minister also tell us a little more about the thinking of the Electoral Commission on how we are getting on with this process? I am very pleased that the Government have involved political parties, as they are crucial to getting this right, but I would like to know a bit more about the attitude of the Electoral Commission to the role of political parties.

Scotland: Independence

Lord Tyler Excerpts

Monday 16th June 2014 Grand Committee

[Lord Tyler (LD)]

My Lords, we should all be grateful to my noble friend Lord Purvis for initiating this debate, and to him and the noble Lord, Lord Foulkes, for the work they are doing with the all-party group, which is very timely. I notice that all noble Lords speaking today either have strong connections with devolved areas of the country or cannot really speak for England—and, indeed, Cornwall—beyond London, expect of course the Minister himself.

I should put on the record that, as long ago as 1968, I was the co-author of a booklet entitled Power to the Provinces, in which we argued the case for subsidiarity before the term was invented: that decisions should be taken as close as possible to the people they are going to affect. We are getting there, but it has taken a long time, as other Members have already said. The forthcoming Scottish referendum clearly brings a new cross-party and UK-wide focus to the need for a review of the situation. Today’s joint statement from the three Scottish leaders is obviously in that spirit.

The word “devolution” is usually used in terms of Scotland, Wales and Northern Ireland, while “decentralisation” is what people talk about in terms of England. There is a rather false distinction between the two, and I would argue that we need to try to bring them together. This Government have made huge strides in decentralising power within England using the City Deals. There has been a real difference there, but there is a degree of democratic deficit. These agreements between central and local government only go so far: they are, to some extent, about decentralisation of delivery but they do not empower local government in the same way that we have with devolution elsewhere.

I very much agreed with the noble Lord, Lord Whitty, who I am sorry is not able to be here today, when he said in the debate on the gracious Speech last week:

“We clearly recognise in Scotland and Wales the distance and resentment towards Westminster-dominated decisions. We need to recognise that the same instincts apply in Newcastle, Norwich, Cumberland and Cornwall”.—[Official Report, 11/6/14; col. 460.]

Hear, hear to that. The Secretary of State for Scotland, my right honourable friend Alistair Carmichael, recognised this too in his radio interview yesterday.

We have proposed a Bill to enable English devolution to fill this huge gap in our devolution ambitions for the United Kingdom. Credit should be given to Peter Facey, formerly of Unlock Democracy, who wrote about such a model in 2011. The principle is simply that parts of England may well want to take up powers akin to those already devolved to the Welsh Assembly, and that they should be able to do so provided they meet certain criteria. This would be true devolution within the United Kingdom, but it need not all happen at once in every part of England.

Dr Andrew Blick, in a very useful publication last week, proposed some similar ideas. He envisages devolution, first, of administrative power, then later of some legislative power—as happened respectively in 1998 and 2006 for Wales—and, in due course, of financial power to local authorities or groups of them. That is already happening—the City Deals are bringing together groups of local authorities in England in a very positive way. The menu of powers that he sets out is much as in the Government of Wales Act: everything is available, from agriculture to education and health services.

However, like the Spanish autonomous communities, different places could take up more, or less, responsibility according to local demand and the strength of local political identity. Having just spent the weekend in my old North Cornwall constituency, I can assure friends across the House that the demand there would be for a full assembly, like that of Wales and with the same powers. In other places, there may be a different timetable and a different objective. Dr Blick said,

“an English Parliament would not address the issue of over-centralisation in a meaningful way”,

and that it would be “a destabilising force”. Finally, he said:

“The history of federal experiments in other parts of the world suggests that when one component of the federation is so much greater than any other, the arrangement is difficult to sustain”.

I suggest that there is a trap in creating an unbalancing, centralising English Parliament without addressing further devolution within England.

For these reasons, I really think that the English question does not have an all-English answer. It is really not good enough. Real devolution within England through an enabling Act of the kind I have been able to only briefly describe—first to those areas which demand it and later to those areas that envy it—could advance the cause of really radical decentralisation in the whole of the United Kingdom, including its largest constituent part. This is a very timely debate and I am sure it will not be the last time that we will address this issue, as many noble Lords have already indicated, over the coming months. I welcome that.

Coalition Government: Constitution Committee Report

Lord Tyler Excerpts

Tuesday 13th May 2014 Lords Chamber

[Lord Tyler (LD)]

My Lords, I hope that the noble Baroness, Lady Jay, has taken pleasure not only from the credit that has been given to her for her stewardship of the committee and the very valuable report, but from how interesting this debate has been. That is also a considerable tribute to her and her committee. The temptation is, however, to pick up some of the interesting range of issues and stray a long way from one’s intended text—and, I fear, bore the House.

However, I want to take up just one point made by the noble Lord, Lord Butler, who knows I have great respect for his views. I do not take the view that the fifth year of this Parliament will be a complete waste of time just because we do not have a whole lot of new laws being put before us. Ministers too often think that it is of great importance and virility to have some great Bill put before Parliament and that otherwise they think that they will not really exist in the public mind or among their colleagues. If we spend some time in this next year on post-legislative scrutiny and look at how successful or not some of the previous laws have been, that would be a valuable lesson for us and, in that respect, the Fixed-term Parliaments Act could well prove to be a real success.

I am delighted that my noble friends Lady Falkner and Lady Grender, are contributing to this debate—my noble friend Lady Falkner because of her contribution to the committee, and my noble friend Lady Grender, as I am sure colleagues in your Lordships’ House will discover, because she will bring to the debate an interesting view about the way in which some of these matters have been happening in the recesses of a coalition Government.

I confess to the noble Baroness, Lady Jay, and the House that I approached the report with some trepidation, because I thought that it might be narrow and cautious, and even take a rather conservative view. I thought that we might be looking at just the way in which we somehow deviated over the past four years from the great conventions of the past. That has not been so. As someone who has always been keen on having a written constitution, there are moments when I have said over the past four years, “Thank God we haven’t got one” because we have been able to evolve to meet the requirements of the situation.

Here in the committee’s report is an interesting recognition of the political facts of life. As paragraph 2 of the report rightly points out:

“Trends in voting behaviour, with fewer votes for the two largest parties and an increasing number of MPs representing smaller parties, make it increasingly possible that hung parliaments will recur”.

Ironically, the other place, which ought to be much more responsive to changes in the views of our fellow citizens, seems to be still stubbornly bipolar by comparison. With that in mind, it seems right to consider the constitutional implications in light of the essential job that a balanced Parliament has to do on behalf of the nation—that is, to give life to what the electorate have instructed, albeit with what most people would regard as an inconclusive result. This is the first peacetime majority Government since 1931. That is to say it is a Government whose MP supporters were elected by more than 50% of those who voted. Those who are in favour of minority Governments should think carefully about the example of the summer of 1974, when a Government who had no majority did nothing useful whatever, ended up with an early general election and there was then an unstable Government thereafter.

Those who voted in 2010 for the governing parties would probably disagree on many issues were they were to meet around a focus group table or a table in a pub. After all, if they had all felt the same, they would have voted for just one party. They did not. We should therefore be relaxed about the fact that their representatives in Parliament and in government sometimes disagree, too, sometimes openly. That may be better than the sort of divisions that were clearly behind the scenes in the previous Administration, as we now know from so many autobiographies and diaries.

Collective responsibility in all Governments—particularly in this one—is like the security services: you only find out about their failures but never hear about their successes. Despite all the inevitable journalistic craving for “coalition splits”, this Government have succeeded in upholding collective responsibility much more often than they have failed, with agreements reached more often than differences have been aired. By far the majority of the coalition agreement has stood the test of tensions between the parties. Where collective responsibility has been absent is where collective agreement has been absent, too. One is necessarily dependent on the other, and where a party has not signed up to a particular policy in a coalition agreement, its leadership within the Government cannot always be bound to a position preferred by the other coalition partner.

A generally successful Government would surely aspire to the committee’s recommendation in paragraph 78 that setting aside collective responsibility should be rare. I agree very much with my noble friend Lady Falkner on the example picked out in paragraph 73—in contrast to my other noble friend Lord Strathclyde, who made a meal of the other example given in an earlier paragraph. How rare will always be determined in future balanced Parliaments both by Harold Macmillan’s famous phrase “Events, dear boy” and by the depth and breadth of the agreements reached between the parties to a future coalition.

For that reason, the committee’s recommendation at paragraph 26 that there should be a full 12-day interval between the general election and the meeting of a new Parliament is really important. The coalition worked with extraordinary speed in agreeing a programme and an Administration at a time of grave economic risk for the whole country. Future coalitions should not have to work in such circumstances. Five days to determine the programme for five years of government is not necessarily sufficient. Indeed, international experience suggests that even 12 days might be a push. However, the idea that our country would grind to a halt if a change of government took even 28 days seems excessive. The wheels of Whitehall would keep on turning. It would just be a little longer before big changes in policy could be effected and big announcements could be made.

Incidentally, I believe that the one really serious omission in the committee’s report is what seems to be a failure to take account of other mature democracies’ experience. It is surely excessively insular—perhaps even xenophobic—not to take some notice of the extensive coalition experience of our continental neighbours and partners. Some of them may, as we all know, take excessive time to knit together coalition agreements, but other aspects of their arrangements may well give us useful insights. As with collective responsibility, I do not believe that the British people would be that worried about delay in the same way as the British 24-hour news media seem to be. Any repeat of the ludicrously overblown warnings of imminent Armageddon from Conservative newspapers in May 2010, with dire foreboding of a hung Parliament and parliamentarians being hung from the lampposts, will hardly seem credible in the future.

I believe that the committee has put its finger on the right way for the House of Commons to endorse a Government, once in place. I do not agree with those who, even this evening, have suggested that an investiture vote for a Prime Minister would be to endorse the person. I do not believe that is appropriate, so I am glad to see that it is rejected by the committee. Why should a junior coalition partner endorse a person of another party to be Prime Minister per se before the negotiations on programme and team have taken place and been concluded?

To my mind, in any case, a really important constitutional principle is that the House of Commons, newly elected by the nation, should be investing its confidence in the new Government—both their programme and their personnel—at the end of the Queen’s Speech. The committee is absolutely right on that point. Otherwise, taking the Prime Minister out of that equation would imply a further and, I think, entirely improper drift towards presidential governance. What makes a coalition fit together is a programme on which the parties can agree, even if the people—the characters—involved later prove to be important glue sticking it together through the ups and downs of political fortune.

As has already been referred to, the Institute for Government has done excellent work in recent months in this Parliament, studying how the political structures in Whitehall have responded to the coalition. It has found that by and large our constitutional arrangements, following the political circumstances of the time, have proved up to the job. That is the essence of the system. I understand that this very day Peter Riddell has been giving evidence to the Public Administration Select Committee at the other end on behalf of the Institute for Government. I pay tribute to him and his team for the work they have done.

Even if we did benefit from a written constitution, as almost every other mature country does, the day-to-day decision-making of a Government comprising two or more parties could not be constrained to pretend that they are one party. It is wrong and it should not be so. The political fortunes of both partners depend on their distinction from each other, while the fortunes of the country depend on the partners working together. Two or more parties working together make for better government and for better politics too, but inevitably that is the politics of disagreeing where you have to— that is what it is all about—and seeking agreement as best you can. At least it is done transparently in contrast to many of the single-party Governments of the past.

This Government, and the past four years, have shown that it is possible to secure both that disagreement, which is inevitable in politics, and also that measure of agreement to produce good governance. Even the Westminster Parliament, with all its pomp and flummery, has responded because it has needed to. The committee of your Lordships’ House has performed an extremely valuable function in demonstrating how that has been undertaken. Its analysis and advice will guide us to good effect, whatever the parliamentary arithmetic in May 2015 and in future general elections. I suggest to your Lordships that many of the lessons will stand equally well for single-party government as for coalitions in the future. I particularly endorse the view of the noble Lord, Lord McConnell. I hope that the recommendations will be taken seriously not just by the present Government—and I hope that there will be collective responsibility in their response to this—but by the opposition party, because between now and May next year the lessons of this report will stand us in very good stead.

Representation of the People (England and Wales) (Amendment) Regulations 2014

Lord Tyler Excerpts

Monday 12th May 2014 Lords Chamber

I have heard nothing from the noble Lord as to why they have not acted in a more prudent way to try to make sure that this actually happens. There are a number of noble Lords in the Chamber who have a lot more experience than I have in these matters, and I look forward to their contributions. Maybe together we will be able to get more understanding from the noble Lord. I beg to move.

[Lord Tyler (LD)]

My Lords, I have a lot of sympathy with the amendment moved by the noble Lord, Lord Kennedy. We should be quite clear about the context of this—it is a very serious situation indeed. Under the existing register—even before we move fully through the transitional period into IER—the latest audit of political engagement by the Hansard Society shows that nine out of 10 people think they are on the existing register, while fewer than seven out of 10 of those in the 18 to 24 year-old group think they are on the register. That is actually wildly optimistic, as we know from the previous research that has been undertaken. At the time when we thought that more than 90% of people—92%, I think—were on the existing register, it was actually something in the 80s. It is not true that we can expect to move from a good situation to a less good situation—we are going to move from a not good situation to a potentially disastrous situation. Incidentally, in the 18 to 24 year-old age group, only 24% are certain to vote at the present time according to the Hansard Society audit. That is appalling—it is really serious. Of course, if it is only 24% of perhaps 50% who are registered, we are into very serious democratic deficit.

From these Benches, we tabled an amendment to the then Electoral Registration and Administration Bill in October 2012 which sought to “authorise or require” establishments providing secondary education to disclose information to electoral registration officers for the purposes of getting attainers—those rising to the 18 year-old threshold—on to the electoral roll. The instrument before us now goes some way along that road, and for that it is welcome. It authorises such information to be disclosed, but it does not require it. That is the importance of this opportunity to debate it this evening, however late it may be. I believe that the Government should think very carefully about going further.

My noble friend the Minister has set out a strong argument that a transition to individual electoral registration in Great Britain should be much better managed than the transition in Northern Ireland. I understand that argument. However, during the passage of the Electoral Registration and Administration Act, we argued successfully from these Benches for a longer transitional period. Before the Bill was introduced, we argued successfully to retain compulsory registration, to retain an annual canvass and to make the best possible use of data matching. That was all very welcome. However, we also went on to suggest that we should now be looking at votes for 16 year-olds and 17 year-olds, and we have recently reaffirmed that commitment at our York conference. As others in your Lordships’ House will know, I have been promoting a Private Member’s Bill, with cross-party support, to that end.

Bite the Ballot has done remarkable work in trying to increase awareness of the need for registration. The noble Lord, Lord Kennedy, who has today and on previous occasions been very active in promoting this campaign, has made it clear that it sees that there is a real problem that we should all face, and that schools are a critical and integral part of extending the registration process, making it possible to extend the franchise to more of those to whom it is now an important civic duty as well as a civic principle and right.

We should see a seamless path from the citizenship syllabus through the final years at school to the point where a civic adult is in a position to take the next step to becoming a full, integral participant in the electoral process. That is what democracy is all about. Given the very low participation levels among the 18-24 age group, it is incredibly important that, with IER, we make it clear to people who will remain in their home area only up to a certain point—often they are moving into further education or their first job away from their home area—that that is still the natural place for them to take the first step in this process towards registration, during their last few months or year in secondary education. We must create an environment where young people see the vote as part of their progress, with their peer group, towards civic adulthood. They will then go on to vote there on the first occasion, with their peer group. We know that if you start voting at the youngest possible age, you are likely to continue to register and to go on voting, rather than lose the habit.

I turn to my noble friend’s specific argument in introducing this debate. The complexity of introducing registration in schools in England and Wales—and Scotland, for that matter—is much more difficult than doing so in Northern Ireland; he spoke about the delivery mechanism. I do not accept that, simply because we now have a move towards online registration, the electoral registration officers in England and Wales would somehow find it more difficult to make that process effective in schools. Since most secondary schools are amazingly online these days—you go into a sixth form and see hardly a book—it would be impossible for the electoral registration officer not to make that process immediately accessible, available and natural within schools.

Of course, as my noble friend said, it is true that in Northern Ireland there is one chief ERO and a smaller number of schools to deal with. Indeed, in England, the interaction with schools and FE colleges might be more complex than in Northern Ireland. There are, after all, a plethora of different kinds of schools and FE colleges, but none of them is secret. Every local authority knows the schools and FE colleges in its area.

EROs in England, Wales and Scotland already deal with a great many complex interactions, the greatest of which is the administration of the annual canvass—the essential ballast and building block for a comprehensive register. The canvass is different in different parts of the respective countries of the United Kingdom, with different challenges and different approaches, but the duty to conduct the canvass and create a comprehensive register is the same right across the United Kingdom. We could have done better in this order than simply permitting schools and EROs to do this if they wish. We would be horrified if we simply permitted EROs in Great Britain to do the annual canvass and said, “It’s up to you. Don’t if you don’t want to. If you find it a bit difficult, don’t bother”. That would be ridiculous.

If we are really saying that the Government do not have confidence in our decentralised system of individual EROs in each local authority area, we should be very worried about the whole basis of electoral registration on the mainland. After all, it is the difficult places that are most important. If a school is difficult to make contact with or to get into, the chances are that that is all the more reason not to give up. The very fact that it may be difficult should not be any excuse for the Government to say that this should not be an obligation on EROs.

Can my noble friend the Minister give us some insight into the Electoral Commission’s view on all this? I have not seen any advice. As my noble friend will know, I have served on the informal cross-party advisory group for the commission. My impression was that it was very keen to build on the experience in Northern Ireland, where it was so successful. I do not understand, therefore, why the Government have taken a different view. I hope that my noble friend will be able to give us chapter and verse of the commission’s advice on this important issue. Is it really true that the Government think that EROs on the mainland have such a difficult task that they cannot be asked to do this job effectively? If so, that raises major questions about the whole administration of electoral registration and supervision of our democratic process. That is a very serious charge indeed.

In the mean time, we will have to see how things progress with this order and the regime that the Government are putting in place. But I put down a marker now that I and my colleagues will want to make sure that there is no suggestion that this implies a vote of no confidence in the whole localised system of electoral management in England and Wales. Meanwhile, in September of this year, we will of course have a very interesting pilot project about the registration of young people—in Scotland. I do not know what the latest position is. I have seen some information about the registration of 16 and 17 year-olds, but I hope and trust that the Administration in Scotland are now taking the opportunity to take the whole electoral registration process into schools and FE colleges to ensure that there at least in the United Kingdom we are getting young people involved in the democratic process. Surely that is an absolutely critical obligation on the United Kingdom Government as well. I hope, therefore, that my noble friend will be able to reassure us that this apparent retreat from what was such a successful initiative in Northern Ireland does not imply a vote of no confidence is what going to happen here on the mainland.

Electoral Fraud

Lord Tyler Excerpts

Tuesday 1st April 2014 Lords Chamber

[Lord Tyler (LD)]

My Lords, in contrast to my noble friend Lord Naseby, I was once elected with a majority of nine, so I take a considerable personal interest in this matter. On 6 February, we had some exchanges on this issue when my noble friend the Minister emphasised that the risk in this area is of course with postal votes. Can my noble friend now confirm whether every single postal vote cast in next month’s local and European Parliament elections will be checked against a personal identifier?

[Lord Wallace of Saltaire]

My Lords, that was the original intention of the 2006 Act. However, representations from electoral registration officers that that would be difficult led to the Act stating that a minimum of 20% should be checked. In recent elections, we have achieved virtually 100% of postal votes being checked, and we are now confident that with the co-operation of electoral registration officers, it will be 100% in the forthcoming general election.

Electoral Fraud

Lord Tyler Excerpts

Thursday 6th February 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I entirely disagree with the noble Lord on that. We are one of the few democracies that clings to the 19th century approach of household registration. Individual electoral registration is much more appropriate to the population we now have.

[Lord Tyler (LD)]

My Lords, given that my noble friend has already said that the most prevalent problem in the past has been fraudulent use of the postal vote system, is he confident that the returning officers, who will now have to check personal identifiers for every single postal vote returned, will have the necessary resources this year to deal with that? Will he assure the House that a proper and careful review will be carried out in advance of the 2014 elections to make sure that the system works much better than it has done in the past in this respect in preparation for a higher turnout, presumably, in 2015?

[Lord Wallace of Saltaire]

My Lords, I am informed that, in practice, almost all electoral registration officers are already checking 100% of postal votes, although they are currently required by law to check only 20%.

Standards in Public Life

Lord Tyler Excerpts

Tuesday 4th February 2014 Lords Chamber

[Lord Tyler (LD)]

My Lords, in view of the time constraints I want to focus on just one part of this excellent report. Figure 4.1 on page 22 shows that 26% of the respondents to the survey feel that MPs can legitimately take into account what big donors to their parties want when they cast a vote in the Commons. The committee found in another of its surveys, in 2010, that 81% of the public thought that the most common reason for donating to a political party was either in the hope of receiving some special favours in return—perhaps appointment to your Lordships’ House—or gaining access to those taking decisions. This perception that influence and access may be auctioned to the highest bidder is corrosive of our politics and corrosive of public perceptions of standards in public life.

The CSPL rightly concluded in its November 2011 report on party political finance that,

“this situation is unsustainable, damaging to confidence in democracy and in serious need of reform”.

The then chairman of the committee, Sir Christopher Kelly, argued that the cost to the public purse of capping big donations to parties would be the equivalent of just one first-class stamp each year for each elector. There is the choice: between each person paying 50 pence for an equal, democratic share of influence over the political system or a few people paying £50,000 a year for a necessarily quite unequal share of that influence. Yes, the public are sceptical about politics and parties but we have a responsibility to make the arguments, rather than shy away from them.

Just a fortnight ago in your Lordships’ House, the noble Lord, Lord Campbell-Savours, invited us to show that leadership by proposing the minimum possible reform of the party funding system: the introduction of a very small amount of tax relief for individual donations to parties. He said that,

“the very credibility of this institution is at stake. We have had far too many scandals over the years; political scandals relating to money and politics”.—[Official Report, 15/1/14; col. 320.]

He was backed up across the House. I particularly want to draw attention to the words of my noble friend Lord Hamilton of Epsom, who said that,

“political parties in this country are financed by the trade unions and, to a very large extent on all sides of the House, by extremely rich men who are seen to exert influence … This does us no good at all and we should grasp this nettle and do something about it”.—[Official Report, 15/1/14; col. 321.]

I supported him, as did my noble friend Lord Hodgson, who said:

“Someone, sometime, somewhere has to be brave, and we need to give them a nod tonight to get on and be brave as soon as possible”.—[Official Report, 15/1/14; col. 325.]

I welcome the report of the committee of the noble Lord, Lord Bew, but I worry about the deepening public distrust in politics that is held by our fellow citizens. I endorse strongly what was so many noble Lords have said and I very much hope that we will soon make progress and that our leaders will be brave on party funding because without that, there will be further corrosion of trust in party politics.

Credit Unions

Lord Tyler Excerpts

Thursday 16th January 2014 Lords Chamber

[Lord Wallace of Saltaire]

I will take that back. My briefing says that this issue is not without cost in terms of payroll arrangements, but we will consider it and see what can be done.

[Lord Tyler (LD)]

My Lords, following the comments of my noble friend Lord Deben, can we at least expect a bit of joined-up government in terms of nudging different departments? If the difficulty is not one of principle but simply one of practicality, surely if one department can encourage this, others can too.

[Lord Wallace of Saltaire]

My Lords, I think that we are about to trespass on the next debate. The Cabinet Office nudges other departments; whether it can direct them is a question on which the noble Lord, Lord Hennessy, will no doubt touch in a few minutes.

Internet: Copycat Websites

Lord Tyler Excerpts

Thursday 21st November 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the Government could pay, as the noble Lord, Lord Brabazon, suggested, which perhaps would drive up the cost of sponsored ads—or perhaps they could intervene and forbid search engines from carrying sponsored ads in that place. I think that we would be hesitant to do that. The Government are in constant dialogue with Google. We look at these sites and check on the number of complaints—and after agreement with Google a number of these sites have been removed. The subtle design of them clearly is improving.

[Lord Tyler (LD)]

My Lords, I share the concern about copycat websites, but is my noble friend aware that there are occasions when the Government make money out of services that should be free? Surely, what is right for the private goose should be right for the government gander. For example, for many years now, government departments and agencies have been using 0870 high-rate telephone numbers. This has resulted in a change, but I understand from a news item this month that some £56 million is already being made by government out of services that ought to be free to the citizen and taxpayer. It is outrageous that this continues. Will my noble friend give an assurance that it will be dealt with?

[Lord Wallace of Saltaire]

My Lords, I do not want to be tempted down the road of what the Government should charge for and what we should provide free. The Government do, after all, charge for renewing a passport—one of the most frequent areas in which other services then charge on top of the government fee if you answer a sponsored ad by mistake.