Immigration Bill

Debate between Lord Tyler and Lord Taylor of Holbeach

Wednesday 19th March 2014 Lords Chamber

[Lord Taylor of Holbeach]

My Lords, I think that I will have to write to my noble friend if he wants an authoritative on answer on that. I have given the answer that I have before me, but if that does not meet the point that he has made—it is clear that it does not—I hope that my noble friend will allow me to write to him.

[Lord Tyler (LD)]

Before my noble friend sits down, will he go just one step further on the issue raised by the noble Lord, Lord Ramsbotham, and the case to which he referred, which seems on the face of it to be extremely serious if the facts as reported by Channel 4 last night are correct? Will he undertake to provide an answer and place it in the Library, and as soon as possible? I can see that, since the inquest has not taken place as yet, it would be all too easy for Ministers to hide behind that fact and not give us urgent advice on what seems to be a major problem with the way in which the immigration law is operating at present.

[Lord Taylor of Holbeach]

I do not want to be difficult. This matter is clearly not associated with an amendment or even this part of the Bill, but I am sympathetic to the point that the noble Lord, Lord Ramsbotham, and my noble friend Lord Tyler have made. I will do my best to inform the House on the facts of the matter as much as I am able. If matters are sub judice, it would be inappropriate for any Minister to interfere with due process. I hope that noble Lords will understand that. I am always prepared to answer either Oral Questions or Written Questions on any subject, but we are here to debate the Immigration Bill. It may interest the noble Lord to learn that I am going on a removal flight on Friday to Kosovo and Albania. I want to see what goes on. I share the noble Lord’s determination to make sure that things that are done in our name are done properly. I hope that with that reassurance my noble friend will understand why I do not want to give an answer at the Dispatch Box at the moment.

Electoral Registration and Administration Bill

Debate between Lord Tyler and Lord Taylor of Holbeach

Monday 14th January 2013 Lords Chamber

[Lord Taylor of Holbeach]

The noble Baroness makes an interesting suggestion. It is rather like the doorkeepers here keeping the doors open after eight minutes; in exactly the same way, it is quite difficult to close the doors. It is definable, though, and I accept what the noble Baroness says. It is easier to manage a building in which the writ of the polling clerks actually operates than perhaps a street scene, where it would be quite difficult for polling clerks to define to an individual person that they were outside the scope of the queue because they joined the queue after 10 pm. That is in effect what we are having to suggest, is it not?

[Lord Tyler]

I am grateful to my noble friend for what he has just said because it showed an openness of mind that I confess I have not previously witnessed from Ministers on this issue. I wonder if I could take this a step further: has he any evidence that every single presiding officer in every single polling station in the country did not take what I would regard as the common-sense view, when someone was standing there in the polling station ready to get a ballot paper when the clock struck 10 pm, and issue them with a ballot paper?

The Minister has referred to exit polls. I do not think that Parliament should worry too much about those who conduct exit polls. Those polls are taken only when people come out of the polling station, so frankly they are not relevant in the present circumstances to what we have been discussing. However, I am very encouraged by his openness of mind; perhaps with an appropriate tweak to this amendment, we might all make some progress.

--- Later in debate ---

[Lord Tyler]

My Lords, my noble friend Lord Norton of Louth is absolutely right to raise this issue in this context because the change to individual electoral registration provides a precise opportunity to think about this matter again. As he properly said, it already improves the situation and it is the right moment to be looking at this issue.

However, I confess that I am somewhat bemused. The most persuasive case for retaining the edited register has come from charities and credit agencies, both of which have a proper and natural interest that we should recognise. Theirs is a proper use of this data. It is rather unusual to hear a Conservative, of all people, apparently decrying that very proper interest of such organisations in accurate data of this sort.

It may be that the noble Lord, Lord Norton, is introducing a new idea, as he has done just now, by suggesting that some organisations of that sort should have access to the full register. That brings us to a very difficult problem of definition because under Amendment 56, he is apparently defining what a commercial purpose is. A credit agency would certainly be a commercial purpose. Is seeking to raise money for a charity not also a commercial purpose? I find it slightly bewitching at this time of night that a dedicated Conservative Peer appears to denigrate the idea of having a commercial purpose at all, as if it is somehow a disreputable activity. I therefore have a problem of definition under Amendment 56.

However, I return to my original point. It is perfectly right, proper and appropriate that we should ask the Government at this stage to be thinking about this matter. Amendment 57 is clearly the least objectionable option that the noble Lord has put forward, but I wonder whether, if electors had to opt into an edited register, many would do so and whether the whole exercise would become a wasteful bureaucratic nightmare. The opt-in option would, in that sense, be a red herring.

However, this is obviously the right moment to be asking Ministers to think again, and I hope that my noble friend on the Front Bench will do just that. If he is unable to make progress in persuading the Committee in one direction or another, perhaps this is a matter that we will have to return to on Report.

[Lord Taylor of Holbeach]

My Lords, I welcome that contribution from my noble friend Lord Tyler because he points to the fact that commercial activity is highly desired by this Government. We look for the growth agenda and when people are looking for a job, they perhaps think that that is a bigger principle than anything that my noble friend Lord Norton of Louth may have raised.

I should make it clear that, before 2002, the full register was available for purchase by commercial organisations. There was no opt-out and no edited version was available. The edited version was produced in order to protect individuals who did not want such purchases to happen, and that opt-out arrangement remains current and will continue through the change to individual voter registration.

There has been discussion with interested parties on this matter. This is not the Government making their mind up without having discussed these matters with commercial organisations and electoral organisers. The Government have decided, on balance, to retain the edited register and the current opt-out arrangements. However, were the edited register to be abolished, there would be strong pressure for increased access to the full electoral register, from which no one can opt out. The Government are concerned about the potential impact this could have on registration rates; if people did not want to be removed from this register by an opt-out, they may choose not to register at all. On balance, the Government believe that an edited register from which electors can choose to opt out is the right outcome. It is worth noting, as I said before, that before the creation of the edited register in 2002, the full electoral register, including everyone’s name, address and details, was available for purchase by any commercial or other organisation.

Amendment 56 is, as my noble friend Lord Norton of Louth says, a little by way of an “either/or”. It would prohibit the use of an edited edition of the electoral register for commercial purposes, and require the Secretary of State to define designated organisations. We are aware that some within the electoral community have argued that data collected for electoral purposes should not be used for commercial gain. On the other hand, I have presented the case for the use of the register as an aid to business and commerce. I hope that my noble friend will take that seriously. Others have argued that the edited register provides significant economic and social benefits. Crucially, anyone who does not wish their details to be used for commercial—or any other—purposes is able to opt out of the edited register.

Under IER, registration forms will also include a statement on the processing of the data supplied by the individual, including the uses of the registers. The Government are reviewing the name and description of the two versions of the electoral register to ensure that it is as clear as possible to registering voters what the circumstances are and to enable them to make a fully informed choice. Given this important safeguard, I see no reason to limit the uses to which the edited register can be put.

My noble friend’s Amendment 57 would remove the current opt-out arrangements for the edited version of the electoral register, in favour of an opt- in. The Government take the handling of personal information seriously and believe that providing electors with a choice to opt out, alongside sufficient information—of which I have given an indication to my noble friend—to allow the individual to make an informed choice, provides appropriate protection and control. Electors will also be familiar with the choice of an opt-out; this has been in operation for a decade now.

However, we believe that the current system, where most electors are asked to make a fresh choice each year about whether they wish to opt out, is unnecessary. We are therefore proposing that under IER an individual’s choice will be carried forward unless and until they inform their registration officer that they wish to make a new choice or they complete a new application to register. We also intend to make it as simple and straightforward as possible for electors to change their preference at any time.

I hope that noble Lords will believe that I have tried to give as positive a response as I can. We are sensitive to the issues which underlie my noble friend’s amendments, but I ask him to withdraw them.

West Lothian Question

Debate between Lord Tyler and Lord Taylor of Holbeach

Thursday 28th April 2011 Lords Chamber

[Lord Taylor of Holbeach]

I understand the interest of the noble Lord in this matter and indeed that of many noble Lords. The truth is that we are attendant upon the first priority of this Government which is tackling the budget deficit. Funding for the devolved authorities is a major matter and the Government have listened and agreed to take note of the Holtham commission because it is very useful material on which to base a decision that is comprehensive across all devolved authorities, as indeed the noble Lord, Lord Barnett, has indicated.

[Lord Tyler]

My Lords does my noble friend recognise that there are Members of this House who legitimately claim to speak for other parts of the United Kingdom—Wales, Scotland and Northern Ireland? Does he further recognise that if the Government were to pursue the course proposed by the noble Baroness, Lady Seccombe, there might well be a suggestion that those restrictions on MPs at the other end of the corridor might also apply to Members of this House?

[Lord Taylor of Holbeach]

The commission would certainly have to bear that in mind, just as it is likely to want to bear in mind any reformed nature of this House following legislation which might be introduced to that effect.

Marine Licensing (Licence Application Appeals) Regulations 2011

Debate between Lord Tyler and Lord Taylor of Holbeach

Wednesday 16th March 2011 Grand Committee

[Lord Tyler]

My Lords, I congratulate my noble friend and the Government on producing what I think is a very workable set of proposals. Indeed, this is an opportunity to pay tribute to the former Government for introducing the Marine and Coastal Access Bill. I think that I remember there being 17 sessions. My noble friend Lord Taylor may recall how many there were.

[Lord Taylor of Holbeach]

I lost count.

[Lord Tyler]

I think that we had 17 Committee evenings on that Bill. Some of them went long into the night but on the whole they were extraordinarily amicable, in contrast to some of our recent debates on other matters.

This is a very neatly designed scheme. It seems to be streamlined yet still transparent in terms of licensing and appeals under Part 4 of the Act. Of course, it is extremely important not just that there is a transparent process for licensing but that the appeals procedure is open to everyone to see how it works. In that context, and inevitably with a new system, the proof of the pudding is in the eating. It will not be until we have seen some case law and have had some experience of the system that we will know whether it is as fool-proof as one would hope.

Perhaps I may take up one point that my noble friend made. The Planning Inspectorate will decide whether the appeal is to be heard by means of written representations, a hearing or an inquiry based on the complexity of the case. The definition of “complexity” is obviously a matter of judgment. That is inevitable; we cannot prescribe it in advance.

I am sure that anyone who was involved in the long process of the legislation’s gestation through your Lordships’ House will remember that there were a great many interested parties, all of whom had an amazing array of expertise. I hope that, together with the consultation that has already taken place, experience over the next few months and years will show that the amicable, united spirit that we set in place is maintained. This is a very important new framework for the management and conservation of our coastal and marine neighbourhood. This set of detailed proposals looks relatively straightforward. I am happy to support them and to commend all those in both Administrations who have been involved in producing them.

Elections: Second Home Owners

Debate between Lord Tyler and Lord Taylor of Holbeach

Wednesday 26th January 2011 Lords Chamber

[Lord Taylor of Holbeach]

This matter has been a long-standing feature of our electoral system. The whole business of permanent and temporary residence has been defined by case law, and two English cases that set out the principles state that a person may have two residences that qualify them for an interest in the outcome of the elections in two local authority elections.

[Lord Tyler]

My Lords, returning to second homes, I wonder whether, since the Government have so rightly emphasised the importance of getting equity between the value of votes, they should address this issue of giving some people two votes, while everyone else, including those of us who are allowed to vote in whichever elections, have only one.

Parliament: Elected House of Lords

Debate between Lord Tyler and Lord Taylor of Holbeach

Wednesday 10th November 2010 Lords Chamber

[Lord Taylor of Holbeach]

No, a mainly elected House of Lords is the phraseology that I think—and hope—that I have used, because that is the Government’s position. It may well be that the draft Bill will allow for the retention of unelected Members on an appointed basis. We know that the likelihood is that there will be a long transition period during which a large percentage of the existing House of Lords will remain to work alongside elected Members. That is an important aspect of House of Lords reform, to which we have not given full consideration in this debate but to which I am sure, when it comes to the draft Bill, we will probably find ourselves giving considerable thought.

As I said, there will be a process of transition. It will be a long process and it is likely to mean that the relationship between the two Houses, including the conventions, will develop over the time of transition. This is not big bang; we are talking about evolution. This House will have the opportunity to discuss these issues during pre-legislative scrutiny of the draft Bill. The Government hope that pre-legislative scrutiny will be carried out by a Joint Committee of both Houses.

The cross-party committee is also considering other issues that will reinforce the differences between the two Chambers. The Government’s proposal for a proportional electoral system will set up a different relationship between voter and representative in the second Chamber compared with the link between a constituent and an MP. As set out in the coalition agreement, the cross-party committee is likely to advocate single, long terms of office for Members of the reformed second Chamber. This again would reinforce the differences between the two Chambers. Of course, the House will retain control over its affairs and, in particular, its committee system and it will be for both Houses to agree the degree to which they work jointly.

Many noble Lords have argued that the present House of Lords has expertise and experience to a degree that sets it apart from the other place and which makes it especially qualified to scrutinise and improve the legislation from the other place. This, they say, will be lost as a result of reform. The Government do not accept that the present means of joining this House are the only ways of securing expertise and experience. Elected Members are capable of possessing and drawing on their own experience. Moreover, the House already has in place a widely respected committee system that allows it to call on the evidence of outside experts.

The Government believe that the British people must be allowed a say in who makes the laws to which they are subject and that the character and design of the political institutions of this country should reflect the society that they serve. We consider that this House must be constituted on a more democratic basis. We recognise the implications for the relationship between the two Houses and we will consider these implications carefully.

[Lord Tyler]

My Lords, I wonder whether the noble Lord would confirm that it is the Government’s view that it would be better for one Joint Committee both to undertake pre-legislative scrutiny of the Bill and to consider the relationship between the two Houses, rather than—as I understand the noble Baroness, Lady Royall, has suggested—for a separate Joint Committee to look at that issue. Would it not be better that that issue is looked at comprehensively by one Joint Committee in pre-legislative scrutiny over the full period to the Queen’s Speech in 2012 rather than that two exercises should act separately?

[Lord Taylor of Holbeach]

I thank my noble friend for that interruption. I think that I said earlier that the Government have it in mind that there should be a Joint Committee of both Houses, but in the end it is up to Parliament to decide how it scrutinises this legislation. The Government and the committee are accountable to Parliament and I have no doubt that there will be many debates on any draft Bill that is produced early in the new year.