Children and Young People (Scotland) Act 2014 (Consequential and Saving Provisions) Order 2015
Lord Wallace of Saltaire Excerpts(9 years, 1 month ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Wallace of Tankerness
That the Grand Committee do consider the Children and Young People (Scotland) Act 2014 (Consequential and Saving Provisions) Order 2015.
Relevant document: 24th Report from the Joint Committee on Statutory Instruments
The Advocate-General for Scotland (Lord Wallace of Tankerness) (LD)
My Lords, this draft order is made under Section 104 of the Scotland Act 1998. In summary, it proposes to do three things. Before explaining them in some—I am afraid—unavoidable detail, I would summarise them thus. First, we propose to amend Section 44 of the Children (Scotland) Act 1995 for the rest of the United Kingdom, with a related saving provision. Secondly, we propose to amend the definition of “child” for the rest of the United Kingdom in relation to the amended Section 44. Thirdly, we wish to make a minor corrective amendment to the definition of “secure accommodation” in the Criminal Procedure (Scotland) Act 1995 for the rest of the United Kingdom.
On the first of those, Section 44 of the Children (Scotland) Act 1995, which I shall refer to as the 1995 Act, makes provision to prohibit the publication of proceedings at children’s hearings and certain related proceedings before a sheriff. Section 44 was repealed, as it extends to Scotland, by the Children’s Hearings (Scotland) Act 2011 and replaced for cases going forward under that Act by a similar provision made in Section 182 of the 2011 Act. However, it is now clear that Section 44 is still needed to ensure that it continues to be an offence for a person to publish relevant information in relation to historic children’s hearings cases dealt with under the 1995 Act, and cases which began under the 1995 Act system and continue to proceed under that Act by virtue of the transitional arrangements.
The draft order is made in consequence of the Children and Young People (Scotland) Act 2014, which I shall refer to as the 2014 Act and which now reverses for Scotland the unintended repeal of Section 44 of the 1995 Act. I wish to reassure the Committee that while it is evident that the repeal of Section 44 was an error, no child’s welfare was jeopardised by it as the repeal was not commenced when the rest of the 2011 Act was commenced—the error having been identified before the commencement order. The 2014 Act also amends Section 44 for Scotland so that, going forward, it applies only to exclusion order proceedings under Section 76 of the 1995 Act. This is required as those proceedings remain under the 1995 Act and are not covered by the 2011 Act.
Given the United Kingdom extent of Section 44 of the 1995 Act, the draft order is required to give effect in the rest of the United Kingdom—that is, outwith Scotland—to both the amended version of Section 44, to restrict its future application to exclusion order proceedings under Section 76 of the 1995 Act, and to save the former version of Section 44 for both historic and ongoing children’s cases under the 1995 Act.
The second matter proposed is a related amendment to the definition of a child in Section 93(2) of the 1995 Act. Section 52(b) of the Criminal Justice (Scotland) Act 2003 made a change to the definition of child in Section 93(2) for the purposes of Section 44 of the 1995 Act, so that it was extended from persons under the age of 16 years to persons under the age of 18. However, that change was not extended to England, Wales and Northern Ireland. Just as the draft order seeks to bring the existing parallel texts of Section 44 into line, it seeks to have the same definition of child for Section 44 purposes for all jurisdictions.
Thirdly, the draft order also corrects a minor error made by the Section 104 order made in consequence of the 2011 Act. The previous Section 104 order amended Section 44(11) of the Criminal Procedure (Scotland) Act 1995 by substituting the definition of “secure accommodation” with a new definition that took into account the most up-to-date statutory cross-references for Scotland, England, Wales and Northern Ireland. However, the substituted definition contains an undefined reference to the “2000 Act”. The 2014 Act corrects this for Scotland by clarifying that the reference is to the Care Standards Act 2000. The draft order makes the same clarifications for the other jurisdictions.
This order again demonstrates the Government’s continued commitment to working with the Scottish Government to make the devolution settlement work. I can confidently say that this will be the last such order in this Parliament, so it may be for the interest of the Committee to note that 45 orders have been made under the Scotland Acts of 1998 and 2012 in this Parliament, since May 2010. In your Lordships’ House, 27 of these have been subject to the affirmative resolution procedure. There was an extra one in the other place which related to bonds, and therefore did not require to be affirmed by your Lordships’ House, and 17 of them were subject to the negative resolution procedure. That is indicative of the way in which the devolution settlement is flexible, and indeed of the commitment on the part of the Government to work to ensure that legislation passed in Scotland is applicable in other parts of the United Kingdom and that the devolution settlement works.
With that, I thank the officials in the Scotland Office, in various departmental offices and, not least, in my own office of the Advocate-General, for all the work they have put into these, as well as officials in the Scottish Government, because it requires a lot of co-ordination to get these orders to be brought forward and there has been a lot of co-operation here. I also thank the noble Baroness—I think this is the second time she has done a Scotland Act order—and her other colleagues, not least the noble Lord, Lord McAvoy, who I saw up until just a moment ago was engaged in the Chamber on the Corporation Tax (Northern Ireland) Bill. I appreciate the constructive co-operation they have given, and with those words I commend the order to the Committee.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Lord Wallace of Saltaire Excerpts(10 years, 3 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU
The Commons disagree to Lords Amendment No 1 and propose Amendments 1A and 1B in lieu.
1A: Page 2, line 20, at end insert—
“( ) Regulations may amend subsection (3) so as to provide that communications made personally to a special adviser are within that subsection.”
1B: Page 2, line 30, at end insert—
““special adviser” means a person who serves the government in a position in the civil service of the State and whose appointment to that position meets the requirements applicable to that position set out in section 15(1) of the Constitutional Reform and Governance Act 2010.”
Lord Wallace of Saltaire (LD)
My Lords, as noble Lords will recall, Amendment 1 was moved by the noble Lord, Lord Tyler, on Report in this House and agreed to by a majority of 18 votes.
Amendment 1 would extend the scope of the register to those who lobby special advisers, in addition to those who lobby Ministers and Permanent Secretaries. Our colleagues in the other place recognised the objective of the amendment and, indeed, expressed some sympathy with the motives of those who had supported it. They concluded, however, that the case had not been made to extend the scope in this way at present, but recognised that discussions regarding the inclusion of those who communicate with special advisers will continue. They therefore proposed what I believe is a pragmatic and constructive response to the noble Lord’s amendment. The amendments in lieu proposed by the other place would introduce a power for the Minister to amend the definition of consultant lobbying provided for by Clause 2 to, subsequently, and if necessary, include communications with special advisers. Such a power would enable Ministers to extend the scope as suggested if and when they are persuaded in this Government or the next of the case for doing so.
As I have observed, the other place was not persuaded that the case for such an extension had yet been made. That is because it recognises that the register is intended to complement the existing government transparency regime. Both systems—transparency and the register—are intended to enhance the transparency of the key decision-makers, the Ministers and Permanent Secretaries, and those who communicate with them. The other place confirmed this view that the Government’s focus on key decision-makers is appropriate and proportionate. We accept that lobbyists make communications to government other than directly to Ministers and Permanent Secretaries. Ultimately, however, it is for Ministers and Permanent Secretaries to be responsible for the decisions taken within their departments.
While special advisers may provide advice, they are not decision-makers. It is Ministers, not special advisers, who are ultimately responsible for the actions of their departments; and it is Permanent Secretaries who are the officers accountable to Parliament for the performance of those departments. It is therefore only right that Ministers and Permanent Secretaries—not special advisers—are the main focus of the meeting reporting system, and the main focus of the register.
Special advisers are defined by the Constitutional Reform and Governance Act 2010, which includes the requirement that they are a person,
“appointed to assist a Minister of the Crown after being selected for the appointment by that Minister personally”.
That Act also provides for a statutory code for special advisers that makes clear that they may not,
“(a) authorise the expenditure of public funds; (b) exercise any power in relation to the management of any part of the civil service of the State; (c) otherwise exercise any”,
statutory or prerogative power.
As that code makes clear, the employment of special advisers adds a political dimension to the advice and assistance available to Ministers. They are an additional resource for the Minister, providing assistance from a standpoint that is more politically committed and politically aware than is available from the permanent Civil Service. The Government do not, therefore, intend that communications with them be captured by the meeting reporting system, nor by the register.
The other place recognised that the amendment proposed by this House would dissociate the register from its main objective, which is to complement the existing system by extending the transparency we apply to decision-makers to those who seek to influence them. They agreed by a substantial majority of 53 that Lords Amendment 1 be disagreed with, and replaced by the proposed Amendments 1A and 1B. In so doing, they have proposed a constructive compromise that would allow the scope of the register to be expanded to capture communications with special advisers, if the case is that it should do so.
The amendments in lieu should assuage the concerns of those who have asked that we do not eliminate the possibility of expanding the scope if justified in the future. I hope therefore that noble Lords will reconsider their position, and recognise that the amendments in lieu represent the most pragmatic and proportionate approach to this matter at present. I beg to move.
Lord Tyler (LD)
My Lords, I am grateful to my noble friend Lord Wallace of Saltaire for his explanation of the position. I am delighted to see him back in his normal very active role on the Front Bench, and acknowledge immediately the efforts that he has made with my noble and learned friend Lord Wallace of Tankerness to find solutions to some of the problems with which we have all been grappling over what seems to be now many months, but certainly many weeks.
The government amendment in lieu precisely describes the situation we are now in. This House rightly insisted that better transparency arrangements should apply to meetings by lobbyists held with special advisers. Those arguments are well rehearsed, and I do not intend to repeat them. The amendment in lieu simply reflects the fact that there was no majority in the other place to reject out of hand the amendment we passed in your Lordships’ House. Liberal Democrat MPs would not vote to do that. Equally, the other part of the coalition has not yet been prepared to shine a light on spads’ activity at this stage. So Motion A accepts the principle that transparency for special advisers’ meetings is desirable, and there is clearly no practical problem in extending the transparency principle in this direction, or else it would have been spelt out in the amendments in lieu.
The Motion also accepts that the Commons does not desire this extension yet. It leaves the matter open until there is a government majority in the other place to switch on the provisions; I await that day with bated breath. It would obviously be helpful to hear from the opposition Front Bench whether the party opposite can commit categorically to switching on the transparency arrangements in the amendment, if and when Labour is in any way involved in the next Government.
However, the Liberal Democrat position is quite clear. We agree with the Prime Minister that,
“sunlight is the best disinfectant”.
We would introduce the pine scent of transparency to the work of spads right now; apparently, he does not want to do so quite yet. I shall support the amendment in lieu, and I thank my noble friends for working so hard behind the scenes to secure it.
Marriage (Same Sex Couples) Bill
Lord Wallace of Saltaire Excerpts(10 years, 10 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
“In the Registration Service we leave beliefs at home and deliver neutrally”.
That is the point made by the noble Lord, Lord Peston. The registrars are free to express their beliefs. There is nothing in this legislation that curbs their ability to hold these beliefs and to express them. However, in the performance of the duties they do on behalf of the state, we are saying that they should not be able to do that in a way that discriminates. It would not be appropriate for us to put on the statute book legislation in which the state legitimises discrimination.
Lord Higgins
If it is true, as the Minister says, that the Panel of Registration says there are no registrars who want this, we will pass the amendment and it will have no effect. The question is whether there are some who we do not know about who would wish to exercise their views as far as conscience is concerned.
On the other point, that they have taken on a job and they then find that it has changed, surely, on a transitional basis—and I stress that—they ought to be able to say, “We are perfectly happy to go on with the original contract”.