Defence: Trident Review

Lord Wallace of Saltaire Excerpts

Tuesday 9th July 2013 Lords Chamber

[Lord Lea of Crondall]

To ask Her Majesty’s Government whether their review of Trident will include the issue of non-proliferation.

[Lord Wallace of Saltaire]

My Lords, the starting point for the review of alternatives to a like-for-like replacement of Trident was that the UK will continue to comply with its international obligations, in particular with the Nuclear Non-Proliferation Treaty.

[Lord Lea of Crondall]

My Lords, we know that the alternatives review will address the issue of options for replacing the Vanguard submarines. Will it also consider whether, relatively soon in a submarine’s lifetime, its missiles will need a new warhead? The Government plan to consider that question in the next Parliament, deferring the timetable for consideration in this Parliament given in the 2006 White Paper. Secondly, is it possible to develop a new warhead without testing it and therefore without rescinding our moratorium on testing and indeed contravening the provisions of the Comprehensive Nuclear Test-Ban Treaty? If it is not tested, how can we be assured that any new warhead would be effective?

[Lord Wallace of Saltaire]

My Lords, the British Government, under both the previous and the current Administrations, have been strong supporters of the Comprehensive Nuclear Test-Ban Treaty. We have developed sophisticated means of simulating the testing and checking of warheads. This is one area in which we are now co-operating with the French: on the sophisticated facilities available for examining current nuclear warheads and considering further developments in design.

[Baroness Miller of Chilthorne Domer]

My Lords, surely, whatever the outcome of the decision on Trident, it is important that this country continues to play its full role in diplomatic efforts towards non-proliferation and disarmament. Why did the UK ambassador not attend the UN open-ended working group intended to kick-start efforts in this area?

[Lord Wallace of Saltaire]

My Lords, the United Kingdom remains strongly committed to nuclear disarmament, and we are working in a range of different international contexts to achieve this. As noble Lords will know, the next Review Conference on the Nuclear Non-Proliferation Treaty will meet in 2015, and the preparatory committee met earlier this year.

[Lord Browne of Ladyton]

My Lords, the Minister will be aware of recent credible research which, using modern climate change models, found that even a regional war using nuclear weapons between emerging nuclear-armed states with relatively primitive weapons would quickly lead to significant global climate change, reduce temperatures, reduce growing seasons, have significant adverse agricultural effects and then quite devastating effects for all the world’s populations. Why, then, did the coalition Government not attend the Oslo conference on the humanitarian effects of nuclear weapons? Why did they boycott it? Do we have nothing to say to the rest of the world about these issues? Will we go to the follow-on conference in Mexico in 2014?

[Lord Wallace of Saltaire]

My Lords, I pay tribute to the noble Lord’s work within the context of the European Leadership Network and the Nuclear Threat Initiative, which is highly desirable, multilateral work involving the Russians and many others. It is exactly the sort of work that needs to be done and published to inform the debate on the future of nuclear weapons. Her Majesty’s Government decided, in the context of preparations for the Oslo conference, that we should be pursuing this, as far as possible, through the conference on nuclear disarmament; the priority was to unblock that conference. As for attendance at the follow-on conference in Mexico, British diplomats in Mexico met Mexican officials some weeks ago to discuss the question.

[Lord Hylton]

My Lords, is there not a contradiction between, on the one hand, the statements of successive British Governments about the weapons of mass destruction of others and the risk, therefore, of killing non-combatant civilians and, on the other hand, their own possession of nuclear missiles?

[Lord Wallace of Saltaire]

My Lords, I have no doubt that when the Trident alternatives review is published, it will stimulate a good deal of, I hope, informed and rational debate about the future of our nuclear weapons programme and of nuclear weapons as a whole. That was part of the intention of commissioning this review.

[Lord West of Spithead]

My Lords, unsurprisingly, the alternatives review that the Minister refers to seems to show that are no real alternatives to replacing the Vanguard class submarines if we wish to maintain our best-value and most capable deterrent. The only thing that will be looked at further is continuous sea deterrent and, even in that, the worst probability is that we will have to order two Vanguard replacements. With that in mind, will the Minister not agree that we should order those two replacements now, to remove the uncertainty hanging over many hundreds—indeed, over 1,000—skilled workers and their families about their future, and to save £300 million?

[Lord Wallace of Saltaire]

My Lords, I am not sure that major defence decisions should be driven either by the need to employ a large number of people to build aircraft carriers in Scotland or by the need to maintain employment in Barrow-in-Furness. There are larger issues at stake.

[Lord Palmer of Childs Hill]

My Lords, will my noble friend confirm that the purpose of that review, which is yet to be fully announced, is to reduce the number of nuclear weapons at sea and on land and that that is part of the non-proliferation effort that we are all engaged in? That is the purpose of the review, and I look forward to its outcome.

[Lord Wallace of Saltaire]

My Lords, of the declared nuclear states, Britain already has the fewest nuclear weapons. Under current plans we will further reduce the number of nuclear weapons deployed in recent years. We are therefore very much already at a minimum nuclear deterrent. The purpose of the Trident alternatives review, like the EU balance of competences review, which will also be published shortly, is to provide for an informed public debate. That is highly desirable on both major topics.

[Lord Foulkes of Cumnock]

My Lords, while the Minister and I will be campaigning side by side to keep Scotland within the United Kingdom, there is an outside chance that we might lose in that referendum. Why, therefore, is the Ministry of Defence not undertaking contingency plans to work out what will happen to the independent deterrent in that event?

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, we shall be campaigning side by side. I hope that my son will have a vote in that election, since he may be about to move to Edinburgh. The question of whether Scots living outside Scotland should be allowed to vote is, as the noble Lord knows, a very active one. I would rather leave to another day hypothetical questions as to what would happen if Scotland were to become independent.

Sudan: War Crimes

Lord Wallace of Saltaire Excerpts

Tuesday 9th July 2013 Lords Chamber

[Lord Alton of Liverpool]

To ask Her Majesty’s Government what assessment they have made of the report by Amnesty International, We had no time to bury him: War crimes in Sudan’s Blue Nile State.

[Lord Wallace of Saltaire]

My Lords, we are deeply concerned about the suffering caused by the conflict in Blue Nile state. Accounts presented in Amnesty’s report underline our serious concern about the impact on civilians of the military tactics used. Our priority is a cessation of hostilities and full access to the area for life-saving humanitarian assistance. We continue to press both the Government of Sudan and the Sudan People’s Liberation Movement-North—the SPLM-N—to enter into talks to achieve this.

[Lord Alton of Liverpool]

My Lords, is the Minister aware that, in addition to this shocking report, new satellite imagery compiled by Amnesty International shows the sheer extent of the purging of the Nuba people from these areas of South Kordofan and Blue Nile, as well as the scorched-earth policies being pursued by the Sudanese military—unabated, uncondemned and unobstructed by the West? Can the Minister tell us when this situation was last raised in the United Nations Security Council and whether we support the extension of the current arms embargo on Darfur to the rest of Sudan? Rather than locking out refugees from camps such as Yida, why are we still not collecting first-hand accounts from witnesses that detail the genocide and war crimes against humanity which are carried out on a day-by-day basis?

[Lord Wallace of Saltaire]

My Lords, the noble Lord asked about six questions, and I am not sure that I can answer all of them. The UN is extremely heavily engaged both in Sudan and in South Sudan, with three UN missions and a number of other UN operations. We and other Governments make entirely clear to the Government of Sudan our horror at what is taking place. However, as the noble Lord knows, access to the areas of conflict is extremely difficult for diplomats at present.

[Lord Chidgey]

My Lords, more than 18 months ago, Matthew LeRiche found that civilians in the Blue Nile State were living in constant fear because of indiscriminate terror campaigns aimed at rendering the population unable to provide even the basics of daily life. Those perpetuating these crimes with impunity had the backing of President al-Bashir and six other ICC indictees. Does my noble friend agree that unless the ICC arrest warrants are implemented, there is little or no deterrence for the present crimes? Will the Government therefore press this case with the international community with absolute vigour to see a result?

[Lord Wallace of Saltaire]

The question of what is the international community for these purposes is very delicate. Arresting an active head of state in his own capital is not the easiest thing to do without going to war. We are deeply concerned about the current situation, but I should stress that the fighting which broke out in South Kordofan and Blue Nile two years ago was in fact sparked by the SPLM-N and it is the Government of Sudan who have responded in a particularly brutal and indiscriminate fashion.

[Baroness Kinnock of Holyhead]

My Lords, in an appalling repetition of history, the Government of Sudan have spent the last two years deploying the same brutality that they used in Darfur to crush the rebellions that have been mentioned in South Kordofan and Blue Nile. Does the Minister agree that the lessons of Darfur have not been learnt and that the United Nations Security Council is again failing to respond to the suffering of the Sudanese people, who are being bombarded by their own Governments?

[Lord Wallace of Saltaire]

My Lords, we have to be careful not to assume that the United Nations can do too much. The UN has been actively engaged in this extremely complex series of wars. Let us be quite clear: there are not just two sides on this, as the noble Baroness herself well knows. There is conflict within South Sudan; there is conflict within Sudan itself; there is conflict between groups which are claimed to be supported from across the border. It is now 10 years since the Darfur conflict started. Things are a little better than they were. I speak with some direct experience, having a close friend who has worked both in Darfur and in Abyei in the past three years. Sadly, there are limits to what the international community can achieve, but I assure the noble Baroness that the British Government and others are working extremely hard and providing as much humanitarian assistance as they can in this dreadful situation.

[Baroness Cox]

My Lords, is the Minister aware that I visited South Kordofan and Blue Nile states earlier this year and witnessed at first hand the constant aerial bombardment of civilians, which deliberately targeted schools and clinics, forcing civilians to hide in caves with deadly snakes and in banks carved out from rivers, and preventing them harvesting crops, with many dying of starvation? Does the noble Lord agree that this aerial bombardment of civilians is being undertaken only by the Government of Khartoum and that, therefore, there is no moral equivalence between the policies of Sudan and South Sudan? What are Her Majesty’s Government doing to call the Government of Khartoum to account for this aerial bombardment, which has been carried out so far with complete impunity?

[Lord Wallace of Saltaire]

My Lords, we are not the only external actor influencing Sudan. We have to work with the Chinese, who are major actors in terms of external influence on Sudan, the Arab League countries and others. As the noble Baroness will know, there is a tripartite body consisting of the United Nations, the African Union and the Arab League which is attempting to mediate on what is happening in Blue Nile and South Kordofan. I do not in any sense underestimate the horrors of what is happening there.

I am very grateful to the noble Baroness for sending me some material on what she witnessed in her recent visit. It is the most appalling—I emphasise—series of interconnected conflicts from Darfur all the way across to Jonglei and Blue Nile. Part of the problem is that Governments in both South Sudan and Sudan are weak and do not control the whole of their territories.

[Lord Triesman]

My Lords, the Minister made the point that President al-Bashir would be hard to capture in his own capital. That is of course entirely true, but he must be one of the most widely travelled Presidents of almost any country in Africa. He is at meetings and conferences throughout Africa, throughout the Middle East and occasionally completely out of the hemisphere. What influence are we trying to bring to bear on those other countries that he routinely visits and which do not necessarily have an adverse view of bringing a war criminal to justice?

[Lord Wallace of Saltaire]

My Lords, the noble Lord will be well aware from his own experience as a Minister how complex these issues are. It is not just a question of Sudan and the ICC. There are delicate questions of Kenya and the ICC at the moment as well. Her Majesty’s Government do of course make representations to other Governments whose territories ICC-designated people visit. Unfortunately, Britain does not command as much influence as we might like in a number of countries in the third world.

[Lord Hussain]

My Lords, I have had the opportunity of visiting South Sudan and Sudan in the past year or so. Does the Minister agree that, according to the comprehensive peace agreement, the Government of Sudan were required to withdraw all their military forces from South Sudan, which they have done, and that the SPLA was required to withdraw its military people and armed forces from north Sudan but has so far failed to comply?

[Lord Wallace of Saltaire]

My Lords, the border drawn between Sudan and South Sudan has not been entirely settled. Questions remain about who belongs where, because a number of tribes are pastoral and move across the border. Many issues are not entirely clear or settled. That is very much a problem that we face after the prolonged civil war from which the two countries emerged.

Extension of Franchise (House of Lords) Bill [HL]

Lord Wallace of Saltaire Excerpts

Friday 5th July 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the noble Lord, Lord Dubs, said to me in the corridor the other day, “I hope you won’t disappoint me”. I am very sorry to say that I have to disappoint him on a number of grounds. In his opening speech, he said that this measure has nothing to do with Lords reform, so it is a non-Lords-reform Lords reform, if I understand what he is putting forward. Of course it has a great deal to do with Lords reform. It is one of many small items that we might consider if we go to a smaller package of Lords reform in what is being discussed within Her Majesty’s Government and outside as “a number of housekeeping measures” for both Houses that might be introduced next Session.

For the best of reasons, the noble Lord wishes to cherry-pick one of the changes that would carry through on Lords reform without accepting some of the others. I say this particularly because he remarked that Bishops in the House of Lords can vote without remarking that that is because they do not have permanent membership of your Lordships’ House. They retire at 70, well before the onset of statutory senility. Had the noble Lord, Lord Dubs, linked regaining the right to vote with a statutory retirement age, the Government might perhaps, I think, have looked on this rather more, although it would be very interesting to know what retirement age noble Lords would have accepted—whether it would have been 70, 75, 80, 85 or perhaps 95.

The argument for noble Lords not having the right to vote has partly been that we are permanent Members of your Lordships’ House. I recall that when we were discussing the major House of Lords Reform Bill last year a number of Labour Peers—and I am looking at one or two of them—were arguing in the corridors that they sit in the Lords by royal summons and by right of the sovereign’s appointment and that means that they are not entitled to retire. That is part of our medieval, fundamentally illogical constitution, which is part of what we are here for.

The noble Lord, Lord Parekh, talked about citizenship. Of course, in the British constitution under which we all sit here in this wonderfully illogical House, we are subjects of the Crown. It is the Crown that appoints us, so it is as subjects that we sit here. That is one of the many reasons why the citizenship debates in Britain still have a degree of weakness because we have not quite worked out what that splendidly republican concept “citizenship” should mean for all of us.

The noble Lord also advanced the argument that logic should play some part in this. If we were to redesign the British constitution on logical grounds, we would have a very different British constitution. Some noble Lords will have noted that the noble Lord, Lord Lexden, and other noble Lords signed a letter in the Times the other day which was a passionate defence of the tradition of common law and its conventions and traditions against the threat of logical, rational, Roman law from across the channel, institutionalised in Brussels and Strasbourg. There is a sense that there is an existential threat to our tradition of Englishness through the logical, rational principles of Roman law which come from across the channel, although many people do not recognise that they are also there in Scotland. So many people who talk about the defence of distinctive British institutions appear to forget that Scotland is a central part of the United Kingdom.

If we are to introduce common sense rather than common law, we are moving into a fairly radical change in the way the British constitution works.

[Baroness Farrington of Ribbleton]

The Minister referred to the fact that we are already Members of Parliament. Does he accept that in certain areas defined by law this is a unicameral system in that we are excluded from areas of activity that are for the Commons? Throughout history, there have been quite a lot of battles about no taxation without representation. That is an area in this House that could be looked at. I suspect that if my noble friend began the argument a different way, your Lordships’ Chamber would be packed and the Press Gallery would be full, because he could have argued that given that we have no say on taxation, and therefore do not have representation, we should not be taxed. I think that would incite the public much more.

My noble friend could instead argue that we regain equality of powers with the House of Commons. That would have Members of the House of Commons up in the Gallery. The noble Lord is, I think, being a little less clear than is his usual practice.

[Lord Wallace of Saltaire]

My Lords, I do not accept that we are in any sense a unicameral Parliament. This is one of the more influential second Chambers around the world. The fact that we are now definitely the second Chamber and that there are areas in which we have very much less influence than the House of Commons is one of the things that makes this clearly a second Chamber, but some of the other second Chambers, as I note, very definitely have less influence over the breadth of legislation.

[Baroness Farrington of Ribbleton]

I would be grateful if after the debate on the Second Reading, which I hope will be granted, the Minister would write to me giving examples of where this Chamber has insisted to the point of the House of Commons backing down on legislation over the past few years.

[Lord Wallace of Saltaire]

I am happy to promise to write to the noble Baroness on that. I think the record is that a full 40% of amendments moved in this House are accepted by the Government, but I will check the figure and come back to her.

I do not wish to detain the House for too long. I have made the point that the permanence of Lords membership has to be linked with the right to vote. On Lords reform, we have to look at a package. Last year, we presented a large-scale package to the House, and the House, for many diverse reasons, did not like it. The Government are considering whether to present a more modest housekeeping package.

[Baroness McIntosh of Hudnall]

As far as I recall, this House was never asked to give any opinion on the Bill. It was simply ditched before it got here.

--- Later in debate ---

[Lord Wallace of Saltaire]

Having sat through several two-day debates, I think the House has made its opinion relatively clear. I am looking at the noble Lord, Lord Richard, who laboured extremely conscientiously and at considerable length to produce a package which this House would like. Certainly, the sense of the House was, I think, not particularly favourable towards the Government’s proposals. I will leave it at that.

Again, I am sorry to have to disappoint the noble Lord, Lord Dubs. We will of course be returning to this issue. I say to the noble Baroness, Lady Hayter, that as she was speaking I thought of the noble Baroness, Lady Symons. The noble Baroness, Lady Symons, has on many occasions used the doctrine of mandate against me: that once a party has in its manifesto a clear commitment, it has the right and duty to carry it through. I think the Labour Party’s manifestos over the past three or four elections have called for an elected second Chamber. I was disappointed that the noble Baroness, Lady Hayter, went a little behind that.

[Baroness Hayter of Kentish Town]

I was actually quoting the Minister’s noble friend from a very recent debate in your Lordships’ House. I made no mention of Labour Party policy.

[Lord Wallace of Saltaire]

Perhaps the noble Lord, Lord Dubs, will come back but, unfortunately, the Government resist this small, partial proposal for reform of the Lords.

[Lord Dubs]

Before the noble Lord sits down, perhaps I may ask him one question. Given what he has said—and I will deal with that in more detail when I wind up—will he give one small undertaking? Assuming that the Bill gets through this House and goes to the Commons, will he undertake that the Government will not use their strength to block the Bill but will give it free passage and let the Commons decide on its merits?

[Lord Wallace of Saltaire]

My Lords, I cannot give that commitment immediately. We would clearly have to consider that. Private Members’ Bills make their way, sometimes with the Government’s blessing and occasionally without, first through one House and then the other. Let us see how we go on this.

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[Lord Dubs]

In that case, I misunderstood; I thought that the noble Lord was using the argument himself. However, I very much agree about the power of the Executive and that it is up to both Houses to contain the power of the Executive—so I am with him on that, even if we have a difference of opinion about the Bill itself.

I am delighted that my noble friend Lady Hayter was supportive of the Bill. I pay tribute to her long political experience, with the Fabian Society and elsewhere. She said something about the 5 July anniversary of the start of the National Health Service. If I may trespass on the time of the House, I was in hospital on that day, in Stockport Royal Infirmary. I was quite ill, and I was the only child in the ward. In those days, when the consultant came around, one had either to stand or lie to attention because that was the discipline. A consultant and his big team came along and looked at me, and I asked, “Are we having a party?”. He looked at me as if to say, “How dare you speak before I have spoken to you?”, and then said, “Why?”. I said, “Well the hospital is ours today. We should have a party”. He gave me a dirty look and walked on. I felt that I had made my contribution to the health service at that time. I apologise for digressing a little but, but other noble Lords have digressed as well.

Finally, I did not think that the noble Lord, Lord Wallace of Saltaire, would disappoint me quite as much as he did. Without wishing to be impertinent in any way, I feel that his heart was not in it. I think that, in his heart, he knows that I am right and he is wrong. It showed. I know what it is like being a government Minister. One has to defend things that are sometimes difficult; I have done it myself, although never quite to the extent that the noble Lord has done it today.

On the cherry-picking argument, and this is nothing to do with the Bill, I understand that if we were to move to an elected second Chamber, of course we would have to deal with issues like the primacy of the Commons, methods of election and so on. It would be a whole package of measures, as was evidenced in the Government’s Bill that did not get anywhere. However, if we had the vote in parliamentary elections, nothing would change in this House except that we would have the right to vote. It would not affect the way in which we operate, it would not affect our legitimacy and it would not affect our debates or anything else. It stands entirely on its own, so as to the argument that I was cherry-picking: if there are only cherries on the tree, that is all that one can do. That is not a valid argument.

This issue stands entirely on its own. It need not, should not and does not have any connection with any other aspects of Lords reform. We might throw it into a wider Bill on Lords reform, as I have tried to do, but I would argue that we should get on with it. Let us make this change. I believe that there is overwhelming support in this House and in the Commons for this. Of course, the difficulty is that it only takes one government whip to say, “Object” on a Friday, and that has killed the Bill. That is the problem in the Commons. If the Commons was allowed by the Government to have a go at this, I believe it would overwhelmingly support it, as I believe that this House would overwhelmingly support it. However, the difficulty with Private Members’ Bills is that they can be too easily blocked in an undemocratic manner.

[Lord Wallace of Saltaire]

My Lords, the noble Lord is not responding to my suggestion that if he perhaps linked the introduction of voting to a limitation of tenure and a retirement age, this might be more acceptable. He is not rising to that particular float.

[Lord Dubs]

Give me time. I have got it down here to comment on. If I had put forward a Bill saying the statutory retirement age from this House is 75 or 80, of course many Members of this House would have got incredibly excited about it, which would have diverted attention away from my purpose. It would have made it, as a Private Member’s Bill, totally unmanageable. The Minister knows that; I know that; we all know that. It just would not have got through. The point about a Private Member’s Bill is to keep it very simple if it is to have any chance of getting through. Once it gets complicated it has no chance. That is why I have brought it forward in this way.

Finally, the Minister disparaged the idea of logic. The position at the moment is inherently illogical. It is illogical by any standard, and I urge the House to give the Bill a Second Reading.

Georgia

Lord Wallace of Saltaire Excerpts

Wednesday 3rd July 2013 Lords Chamber

[The Lord Bishop of Wakefield]

To ask Her Majesty’s Government what steps they are taking to encourage greater economic and political co-operation between Georgia and the European Union.

[Lord Wallace of Saltaire]

My Lords, the UK fully supports greater economic and political co-operation between Georgia and the European Union, particularly through regular and intensive high-level contact. Three senior Georgian Ministers have visited London in recent months and three UK Ministers and several senior officials have visited Tbilisi. We are pleased that Euro-Atlantic integration has remained a priority for the new Georgian Government, and, through involvement in the Eastern Partnership, Georgia is finalising an association agreement and a deep and comprehensive free trade area with the EU.

[The Lord Bishop of Wakefield]

My Lords, I am grateful to the Minister for his response and for setting out the range of co-operation between Georgia and the EU. I remain concerned that, for most Georgians, this assistance remains invisible. Do the Government accept that to avoid similar mistakes to those made with the Ukraine, the EU should take steps to explain to the wider Georgian public the benefits of the association agreement and other such co-operation measures with the EU, rather than after they have been negotiated?

[Lord Wallace of Saltaire]

I was briefly in Tbilisi eight weeks ago and saw that the EU is quite visible there. The EU monitoring mission is the largest external monitoring mission in Georgia, monitoring the borders with the disputed territories of Abkhazia and South Ossetia. The EU heads of mission meet regularly, and comment regularly and openly, on developments in Georgian politics. The Council of Europe and the OSCE are also active in assisting with judicial training in Georgia and elsewhere. So we are quite visible and extremely active.

[Lord Anderson of Swansea]

My Lords, the Minister mentioned the EU monitoring mission but failed to mention that Russia and its allies still prevent that EU monitoring mission doing its work in Abkhazia and South Ossetia. What protests are we making to Russia about that, and are we content for yet another frozen conflict in Europe to remain for a longer time?

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, we are not content, but as the noble Lord knows well, the Russians are not always the easiest negotiating partners. As he will also know, a fence is being erected along the boundary of the breakaway regions and, in some cases, several hundred metres into Georgian territory beyond the breakaway regions. We continue to talk to the Russians about this. The new Georgian Government have made a number of deliberate unilateral moves to demonstrate their willingness to talk to the Russians. There have been some limited talks but so far the Russians have not given very much in return.

[Baroness Falkner of Margravine]

My Lords, does my noble friend agree that the greatest challenge for the EU with regard to Georgia is managing the relationship between Russia and Georgia? Can he tell the House the position of Her Majesty’s Government on Georgia’s application to join NATO, which could present some newer challenges?

[Lord Wallace of Saltaire]

My Lords, at Bucharest some years ago NATO agreed to accept Georgia as a candidate member. The largest non-NATO, non-British force at Helmand at the moment is two Georgian battalions. We support Georgia’s aspiration to join NATO but it will necessarily, unavoidably be a long process. There are, indeed, British military trainers in Georgia.

[The Earl of Sandwich]

My Lords, the right reverend Prelate mentioned Ukraine as a possible parallel. However, is not Ukraine a good deal behind Georgia politically, and therefore could not Georgia qualify much earlier, given also that the Ukrainian opposition leader is still in prison?

[Lord Wallace of Saltaire]

My Lords, it is entirely fair to say that Ukraine is considerably behind Georgia in many ways. There was a free and fair election in Georgia last spring which resulted in a change of Government. The Georgian Government have just announced that on 31 October this year there will be a presidential election. Of course, that is not to say that it is a perfect democracy. There are a number of issues, including cases against members of the previous Administration, about which we are concerned. However, when I was in Tbilisi I had lunch at the British embassy with MPs both from the governing party and from the opposition. There are many countries in what was formerly the Soviet Union in which one could not do that.

[Lord Kilclooney]

My Lords, given that the European Union accepted Cyprus as a member even though its Government did not govern the entire island of Cyprus, why does the European Union welcome Croatia and not Georgia as a member?

[Lord Wallace of Saltaire]

I note some of the unspoken sentiments behind the noble Lord’s question. As he knows well, the process of admission to the European Union is long and arduous. Georgia is at a very early stage in that process. Georgia’s administrative capability and economic changes and the judicial, rule of law issues that it will have to go through mean that any approach to the European Union will be relatively long, but that is also true for some of the western Balkan countries.

[Lord Bates]

My Lords, given that the eyes of the world will be on Sochi next February for the Winter Olympic Games and that Sochi is less than 100 miles from the Georgian border, will my noble friend urge the UK mission to the UN to encourage Georgian and Russian reconciliation when the Olympic Truce is presented to the United Nations General Assembly in October? Given that the Russians invaded Georgia in violation of the Beijing Olympic Truce, this might be a timely point for reconciliation.

[Lord Wallace of Saltaire]

I congratulate the noble Lord on the faithfulness with which he wishes to ensure that we think about the Olympic Truce. We are very conscious that the Sochi Winter Olympics are taking place extremely close to the border with Abkhazia and that that may potentially raise some security issues. There is instability in the north Caucasus as well as in the south Caucasus and we have, of course, spoken to the Russians about that.

Leveson Report

Lord Wallace of Saltaire Excerpts

Monday 1st July 2013 Lords Chamber

[Lord Soley]

To ask Her Majesty’s Government whether they will publish, on a regular basis, the number of times since the publication of the Leveson Report the Prime Minister or other Ministers responsible for bringing forward legislation on its recommendations have met editors, owners or senior executives of newspapers, and what was discussed on each occasion.

[Lord Wallace of Saltaire]

My Lords, as was made clear in the Written Answer given to the noble Lord on 6 June, details of Ministers’ meetings with editors, proprietors and senior media executives are published on a quarterly basis and can be accessed on departmental websites on gov.uk.

[Lord Soley]

I am not sure whether I am grateful for that Answer. I tabled my Written Question in early May. It took four weeks to get an Answer, which came only after I had tabled this Oral Question. I cannot imagine how that happened.

I put it to the Minister that what is being suggested about looking at Cabinet documents is not in either the spirit or letter of the Leveson report, which says very clearly in recommendation 83 that these ought to be published on a quarterly basis and details given—not intimate details—of what was discussed and so forth. They are not there, nor are they likely to be. Frankly, more and more of us are taking the view that the press is so powerful that it can defy the will of Parliament.

[Lord Wallace of Saltaire]

My Lords, I have that section of the Leveson report in front of me. I note how much the fact and general nature of any discussion of media policy issues at these meetings raises questions of how far we go in that direction, including—as is discussed in my briefing—whether the exchange of text messages ought to be included in that. As the noble Lord will know, so far we have included the existence of meetings and the record of meetings between January and the end of March this year, which should be published within the next week.

[Lord Fowler]

My Lords, is not the position on Leveson that almost four months ago, in March, Parliament overwhelmingly agreed a way forward that protected the freedom of the press but also protected the public from the abuse of press power? Is the Minister aware that many people are suspicious of the long delay in implementing those proposals? We believe that we have had the debate and that, basically, we should now just get on with it.

[Lord Wallace of Saltaire]

My Lords, the Government are well aware of the strength of feeling on all sides. Some elements of the agreement of 18 March have now been implemented, as the noble Lord will know, including within the Crime and Courts Bill and the Enterprise and Regulatory Reform Bill. The noble Lord will also know that on 13 April the Press Standards Board of Finance petitioned the Privy Council with its own draft royal charter, which is now being considered. When it has been considered, the conclusions will be published, and the question of the submission of the Government’s own royal charter will come up again.

[Lord Stevenson of Balmacara]

My Lords, the Minister will be aware that there is a meeting of the Privy Council on 10 July. On 18 March, as has just been said, Parliament agreed to send the royal charter to the Privy Council in time for the May meeting. Could the Minister confirm that Parliament’s Leveson-compliant royal charter will be submitted to the Privy Council for approval on 10 July?

[Lord Wallace of Saltaire]

My Lords, my briefing says that it is not appropriate for the Privy Council to consider more than one royal charter at a time on the same issue. The noble Lord may consider that the Press Standards Board of Finance has therefore been extremely clever in what it has done and may draw his conclusions from that—and that accounts for some of the delay.

[Baroness O'Neill of Bengarve]

My Lords, in March, in the debate to which the noble Lord, Lord Fowler, has referred, there was an understanding that there was a cross-party agreement about the way forward on the Leveson recommendations. What is the state of that agreement now?

[Lord Wallace of Saltaire]

My Lords, there is a cross-party agreement on the way forward. However, as those who have lived through this debate in even more detail than I have will recall, we are attempting to build a much tougher self-regulatory principle of regulation for the press with the support of a royal charter. This is a very delicate process. Pulling the press along with a tougher system of self-regulation is not proving as easy as it might.

[Baroness Bonham-Carter of Yarnbury]

My Lords, since the DCMS consideration of consultation responses to the royal charter sponsored by the Press Standards Board of Finance has finished, when will my right honourable friend the Secretary of State publish her advice about whether that royal charter should go forward to the Privy Council? I should point out that no less a person than Sir Tom Stoppard has said that a free press needs to be a respected press. It is about time that that was so.

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[Lord Wallace of Saltaire]

My Lords, we are well aware of the battle between the press and politicians, with deep and entrenched mistrust on both sides, which is not doing much good either for the reputation of the British press or that of British politics. I have to admit that the subtlety of the process whereby the Privy Council considers royal charters is something that I ought to have dug into much more deeply in preparing for this Question. I shall have to write to the noble Baroness on the timing of the consideration of both these royal charters.

[Lord Grocott]

May I gently suggest to the Minister that if he sees this as essentially a problem between the press and politicians, he misrepresents or misunderstands where the whole genesis of the Leveson inquiry came from? It came from a profound mistrust between the press and the public. Surely, the job of democratically elected politicians is to do their utmost, preferably on an all-party basis, to reflect the wishes and concerns of the public.

[Lord Wallace of Saltaire]

My Lords, the Government well understand the strength of feeling among the public on the misuse of press freedom in recent years. We have not yet reached the end of the story—we are still moving and there are some hiccups on the way.

[Lord Low of Dalston]

My Lords, what is the procedure for determining the precedence as between the two royal charters which are going before the Privy Council?

[Lord Wallace of Saltaire]

My Lords, the Press Standards Board of Finance submitted its petition to the Privy Council before the Government had presented their own royal charter. My understanding is that that therefore gives it precedence over the Government’s royal charter, but that the consideration of the draft royal charter nominated by the Press Standards Board of Finance should shortly be finished, and at that point we will consider how we move further.

[Lord Forsyth of Drumlean]

My Lords, will my noble friend explain how the Government got behind in the queue on the presentation? Will he also explain how they ended up second in the queue to the Privy Council on a matter of this importance?

[Lord Wallace of Saltaire]

My Lords, I suspect that it was the result of some very fast footwork by the press board.

[Lord Richard]

My Lords, is the noble Lord seriously telling the House that the order in which the Privy Council considers these matters is that in which they are submitted to that body? If that is so, it is the most incredible position. Anybody could submit an application sharpish, which would then hold up consideration of all the major issues which might be submitted by other people. Is there no way in which the Privy Council can draw up a list of priorities of what it wishes to consider first, or is it solely bound by the fact that whoever gets his head through the door first is considered first? That is ludicrous.

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[Lord Wallace of Saltaire]

My Lords, the noble Lord expresses his amazement extremely well. I am very willing to take back the strength of opinion in this House and ask in more detail exactly what the procedure should be.

The Future of EU Enlargement

Lord Wallace of Saltaire Excerpts

Wednesday 26th June 2013 Lords Chamber

[Lord Boswell of Aynho]

This Motion invites the House to take note of the report of your Lordships’ European Union Committee, which I have the privilege of chairing, on the subject of the future of European Union enlargement. I am conscious that the comparatively late start to these proceedings may have led to some attenuation of the speakers list and, possibly, compression of the debate. Nevertheless, I am pleased that this debate is so timely, given the immediate accession of Croatia as the 28th member of the European Union; the first accession to the rotating presidency by Lithuania since its accession in 2004; and the imminence of the possibility of discussion about future accession and enlargement at the upcoming European Council later this week. This is a very timely occasion.

The European Union has a long history of enlargement. Our country was part of the first and what is still the largest wave of enlargement when we joined what was then known as the European Community at the same time as the Irish Republic and Denmark in 1973. Since then, there has been a steady stream of countries seeking to join the European Union. We are now about to embark on our seventh enlargement with Croatia. There are currently five candidate countries and three potential candidate countries, so the enlargement agenda shows no sign of halting.

Our report considered the process by which aspirant countries moved towards readiness for membership. In doing so, we revisited many of the questions asked in our previous 2006 report, The Further Enlargement of the EU: Threat or Opportunity?. With the benefit of the passage of time and the benefit of hindsight, we reflected on lessons learnt from the 2004 and 2007 enlargements.

I also express my gratitude to all the witnesses who gave evidence to the inquiry, particularly those from countries which have recently joined and those which are on track to join the Union now. It almost goes without saying that we drew immensely on the expertise of our staff in drawing up this report.

Enlargement is formally a reactive process. It is for individual countries to apply to become member states. However, the Union has always had an enlargement agenda, because enlargement is an integral lever for development and has been accepted as such both in the founding and successive treaties. The current agenda has two main drivers: the first, safeguarding stability and security within wider Europe; and the second, achieving economic prosperity and growth. I believe those two objectives to be intimately connected. Historically, enlargement has had a transformative power. I would evidence that by the political changes seen in recent years in what are now comparatively older member states such as Spain, Portugal and Greece. Furthermore, we should remember that the single market is of enormous benefit to all members—new ones and existing ones, too.

The euro area crisis and questions about the role and governance of the Union have led to enlargement slipping down the political agenda. It has been suggested that some countries, such as Germany and France, may have lost sight of its importance. The United Kingdom Government are to be commended for their commitment to enlargement, and we share the view of many of our witnesses that the momentum in this vital work must not be lost.

The Copenhagen criteria of the EU set out three key standards that a candidate country must meet to be eligible for membership: political, economic and the ability to take on the obligations of membership. Although these were devised in anticipation of central and eastern European enlargement, we were persuaded that they still represent the right starting points for any future enlargements. In acknowledging this, we were critical of the Union’s failure to apply the criteria rigorously in the cases of Romania and Bulgaria, which meant that on joining they were not at a point where they could meet the full obligations of membership. This, in turn, led to the creation of somewhat unsatisfactory post-accession instruments. The Copenhagen criteria are helpful and should not be weakened.

The road to accession for candidate countries is, rightly, not just the warm political one; it also involves significant legal, technical and administrative work. The first step of the official enlargement process is an application for membership. After granting official candidate status, the European Council must take a unanimous decision to open formal membership negotiations. A candidate country then conducts negotiations with Ministers and ambassadors of the Union Governments regarding the European Union’s body of secondary legislation—the so-called acquis communautaire. There are 35 chapters of the acquis, such as justice, freedom and security, judiciary and fundamental rights, and freedom of movement for workers. Necessary reforms must be implemented and demonstrated, and we support the rigorous approach to this that has recently been shown. The requirements made of countries have continued to grow and, while this is justified, the Union must take care to ensure that the burden of work it places on candidate countries is not insurmountable—criteria should be strictly necessary, taken in good faith, and should be consistently applied across the board.

I do not wish to dwell on events in any particular country, but I would say that experience shows that we have far greater influence over our near neighbours and candidate countries when it is clear that together, as a Union, we are serious about enlargement and serious about conditionality—that is, that real reforms are followed by concrete progress in the accession process and that there are also consequences when there is any regression. Yesterday, at a European conference in Dublin, we heard from Valentin Inzko, the high representative for Bosnia-Herzegovina, about the importance of developing in that country a political culture of tolerance and compromise. With his great experience, the high representative was very clear about the importance of that conditionality.

The Instrument for Pre-Accession Assistance seeks to provide financial support for aspirant countries’ reforms. We were disappointed to note the many instances of failure to convert funds from commitments to actual spending, and so we recommended that the next IPA should focus more on the strategic aims of the enlargement policy and the needs of candidate countries. Furthermore, a more rigorous approach must be taken to any backsliding over reform, with the Union being willing to slow or halt the enlargement process and turn off the funding tap. If I may express a personal view slightly beyond the remit of our report, I am increasingly attracted to the option of offering western Balkan countries in particular an opportunity to work together on what might be termed self-help projects to which an appropriate degree of challenge money could be made available by the Commission, with the countries themselves being the generators for this process.

The Union must learn some tough lessons regarding the resolution of issues between countries. The entry of Cyprus in 2004 without reconciliation or conclusion between its Greek and Turkish populations has led to a continuing entrenched dispute. That has diminished the Union’s leverage in encouraging both sides to reach a settlement. It is distressing and it is difficult to see the best way to handle disputes such as this. On the one hand, using Cyprus as an example again, resolving the dispute was rightly not a condition of joining the Union, otherwise Turkey would simply have gained a veto over its membership. On the other hand, without a resolution having been found, Turkey’s accession process has itself become more challenging. The Union must strive to find a way to keep disputes between countries from slowing down or halting the enlargement process altogether, while also encouraging practical solutions. There are a number of very substantial disputes that must be resolved before the accession of the current aspirant countries. I welcome the plan for normalisation of relations between Serbia and Kosovo, which has been agreed under the auspices of the High Representative and Member of this House, the noble Baroness, Lady Ashton of Upholland. This has opened the way for both Serbia and Kosovo to move forward along the road to eventual membership.

I have already touched on the political and economic advantages of enlargement. In spite of the economic crisis, the new member states from 2004 and 2007 have seen rapid economic growth after joining. Similarly, compliance with the requirements of accession means that political and, indeed, business landscapes are often changed for the better, with a healthier balance of power between domestic parties and an increased role for opposition parties being fairly common features in new member states.

The benefits of enlargement are also two-way between old and new member states: the Union is better equipped to deal with its neighbours, and existing member states see economic benefits from the expansion of the number of consumers in the single market. United Kingdom exports to central and eastern European countries almost trebled between 2001 and 2011, reaching close to £14 billion in 2011. I am sure other Members will want to speak in greater detail about the risks to certain policy areas represented by enlargement but I shall, for now, limit myself to suggesting that it should be possible to overcome such issues and they should not be seen to deter, let alone to act as a bar, to any future enlargement.

Debates about enlargement and the future of the Union more generally, often tend to focus on a perception that free movement of labour might prove a risk to domestic labour markets. We heard compelling evidence that this was not the case and that migrant workers had often filled gaps in the labour markets of older member states that were otherwise unfilled by nationals. However, it would be remiss not to acknowledge that there have been some negative impacts from the free movement of persons. For example, the relocation of businesses to exploit cheaper labour costs may have impacted on member states economically, and there is undoubtedly a risk of non-workers travelling to receive social security benefits. However, the free movement of workers is a treaty right and an important element of the European Union’s internal market. Member states need to communicate generally the many advantages to their populations and to work collectively to address any genuine concerns that remain within the existing policy frameworks and within those broad objectives.

Turning to the future of the enlargement process, it is right that the Union should have a rigorous process for the admission of candidate countries, not least to ensure that necessary reforms are introduced and entrenched. The eastern partnership countries must undertake significant reforms before they can be considered for candidacy, but equally their desire to be considered should not be forgotten in discussions about future enlargement. I hope that the eastern partnership summit to be held in Lithuania in November is helpful in this respect. We recognise that there is some reticence regarding future enlargement, and we recommend, frankly, that the Commission and national Governments together do a better job of explaining its benefits and warning of the costs of non-enlargement. It is not a cost-free exercise to remain with the status quo.

In conclusion, the Union has a long history of supporting enlargement. One could almost argue that it is within the DNA of the Union to promote enlargement. That is the process that we in the UK have long been associated with and from which we have benefited. Lessons must be learnt from recent experiences, but the current economic crisis and debates about the future role of the EU should not distract us from this important enlargement agenda. The future economic and political stability of Europe in many ways depends on it and it is an intimate part of that process. I beg to move.

[Lord Wallace of Saltaire]

I simply remind noble Lords that the advisory speaking time for this debate is eight minutes.

Local Audit and Accountability Bill [HL]

Lord Wallace of Saltaire Excerpts

Wednesday 26th June 2013 Grand Committee

[Lord Palmer of Childs Hill]

Let me give an example. If one is looking into housing fraud, one does not, as a local authority, look only at the housing department and benefits claims. I know that local authorities such as mine look towards the UK Border Agency, with which they have a great relationship. When they look into possible fraud, administration error and all the other things that the noble Lord spoke about, the powers already exist. I am asking whether they need to be enshrined in the Bill.

[Lord Wallace of Saltaire]

My Lords, for these purposes, I should remind noble Lords that I am the spokesman in the Lords and the Minister for the Cabinet Office and have spent long hours in this Room discussing data sharing and data matching during consideration of the Electoral Registration and Administration Act, when many similar issues came up. I must say that I had not appreciated how extensive data sharing was within the Audit Commission and local government. Central government has been approaching this matter with a rather greater degree of caution and hesitation. Perhaps I should phone the Guardian and tell it just what the Audit Commission has been doing in this regard. I am sure that that newspaper would like to make it a front-page spread.

I am very conscious that this whole issue of data matching and data sharing in the public and private sectors, given that they overlap, will occupy us all over the next three or four years. I have no doubt that at some stage, under whichever Government we have in two or three years’ time, we will be discussing some major new legislation in this area because the data revolution is moving so fast.

The possibilities for data matching and data sharing are increasing rapidly. I am conscious from my discussions around this issue within the Cabinet Office and with outside bodies, including the Information Commissioner’s Office, that national patient records are among the most sensitive issues for citizens as regards information sharing. As noble Lords will know, whether one can share limited information without allowing access to full information is one of the great issues in the area of data matching. Therefore, when one talks about data-matching success in local government—and I recognise, as we all do, that the detection of fraud and error is an extremely valuable and useful activity—we nevertheless all have to be aware that issues of privacy are very strong and powerful, and are protected by various lobbies in this country. We must therefore proceed with caution.

Discussions are well advanced on the issue of an appropriate home and we hope to be able to announce by Report stage that the matter will finally have been agreed. However, there are a number of final issues about accountability and management that still have to be settled within Whitehall.

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Moved by

[Lord Wallace of Saltaire]

18ZZA: Schedule 10, page 75, line 32, at end insert—
“Omit section 22(1) (Audit Commission).”

[Lord Wallace of Saltaire]

My Lords, in moving Amendment 18ZZA, which applies to paragraph 8 of Schedule 10, I shall also speak to Amendments 20, 21, 22 and 23, which make a range of minor and technical amendments to Schedule 12. These amendments remove redundant references to the Audit Commission and make clarifications to related provisions in existing legislation.

Amendment 18ZZA applies to paragraph 8 of Schedule 10. This is a consequential amendment to the Local Government Act 1999 to remove a reference to the Audit Commission. This has the effect of ensuring that the Audit Commission is no longer specified as having a role in relation to best value inspections.

Amendment 20 changes the definition of “local auditor” in the Social Security Administration Act 1992. This amends paragraph 23 of Schedule 12 and ensures that “local auditor” is now defined as within the meaning of the Local Audit and Accountability Act 2013—as it will be after Royal Assent—rather than simply within the context of any specific part of that Act.

Amendment 21 makes a consequential amendment to Section 125(2)(b) of the Greater London Authority Act 1999. This applies to paragraph 34 of Schedule 12 and has the effect of removing the provision allowing the Audit Commission to certify information provided by a functional body to the Mayor of London.

Amendments 22 and 23 make minor and consequential amendments to Section 212 of the Local Government and Public Involvement in Health Act 2007. These amend paragraph 66 of Schedule 12, which makes consequential amendments to that Act, and seek to clarify the Government’s intent that only the UK Secretary of State can make provision about entities connected with cross-border local authorities. These amendments also tighten the definition of “local authority” in this context.

These are minor and technical amendments that remove redundant references to the Audit Commission and make clarifications to related provisions in existing legislation. I beg to move.

Amendment 18ZZA agreed.

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[Lord Beecham]

My Lords, the noble Earl has made a compelling case. We seem to be moving from the high politics of Greater Manchester and West Yorkshire to Clochmerle or Eatanswill. There is nevertheless a real issue here, of which I was certainly unaware. The ridiculous numbers involved to call a poll, the non-binding nature of the result and the financial cost all seem to add up to a pretty lethal cocktail which ought to be addressed. I hope that the Minister will give the noble Earl an indication that the Government will look at this and seek, either on the basis of his amendment or in some other way, to deal with what looks like a highly anomalous situation in which a tiny handful of people—even fewer than voted in police commissioner elections—can wreak havoc in a local community.

[Lord Wallace of Saltaire]

My Lords, I was unaware of the parish poll dimension. I say from the outset that, although we are very much on the outer edges of the scope of the Bill, the noble Earl’s points are clearly of importance for the modernisation of parish polls, which has rather fallen through the net. The questions of the threshold for triggering the poll and what a legitimate subject for a poll should be are issues to which we would be happy to give further consideration. We would happy to meet the noble Earl to discuss this further. I am rapidly turning over in my mind the question of how one deals with that. Even though this is a relatively limited area, it might be the sort of thing that is appropriate for a Private Member’s Bill in a future Session, which might be given a fair wind. It is a relatively self-contained set of issues.

We are aware of the issue of whether one could institute postal or proxy votes. Certainly, we should be lengthening the time during which a vote could be cast and modifying regulations about the threshold for triggering a parish poll. All those issues really need to be considered.

I understand that the provisions of the regulations limit the content of polls to matters which have been considered by the parish meeting, which means that the person chairing a parish meeting could rule out of order any attempt to discuss matters which are not parish affairs and so prevent parish polls on, for example, EU referendums, or whatever it may be. However, we are all conscious that different parishes and local communities are often dominated by different small groups. This is one of the problems we have with getting back to community self-government. I am often conscious that I am extremely lucky to live in the community of Saltaire, which has far too many people who are highly educated. We are overstuffed with activists, and there are other areas around Bradford which are not so blessed with local activists willing to turn up to lengthy committee meetings in the evenings and take part in local community activities. With that assurance and that offer to talk further on this small but important issue, I hope that the noble Lord will feel able to withdraw his amendment.

[The Earl of Lytton]

My Lords, it was not my intention to press the amendment, particularly as we are in Grand Committee, but I am extremely grateful to the Minister for his comments and for his offer at any rate to look into the matter further and have a further discussion. It is a narrow but important issue, and it will be even more important if what I might call the fruits of the localism agenda in terms of expanding the number of organisations that operate at this level—perhaps not in name but effectively as parish and town councils—are set to increase. I hope that it will become the model of preference at community level. The matter is not without ongoing consequence and I will certainly forward to the Minister some of my paperwork. That will do for this evening and I beg leave to withdraw the amendment.

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[Lord McKenzie of Luton]

My Lords, the amendment calls for a report to Parliament on the impact of the new audit regime and for this to be made within three years of the passing of the Act.

Let me acknowledge at the start the undertaking given by the Government on a post-implementation review but its objectives appear to be somewhat narrowly based and do not address some of the fundamental issues. The Bill provides for arrangements that are significantly different from the current regime whereby the Audit Commission effectively acts as regulator, commissioner and provider of audit. As the pre-legislative scrutiny committee report sets out, the new regime is more complex and certainly more fragmented. The regulation of local audit will transfer to the Financial Reporting Council, professional accounting bodies and the National Audit Office. Commissioning of local audit will transfer to local public bodies, and the provision of local audit will go to private sector firms. Research and value for money will be picked up by the NAO to a limited extent and by the sector’s own self-improvement. The National Fraud Initiative’s ultimate destination has yet to be determined, as we have discussed, and the co-ordination of grant certification remains a little vague.

Although some of the bases have been covered, potential gaps remain. Some of the bodies that are subject to the new regime are accountable to government departments other than CLG. How is this to be co-ordinated across government? Audited bodies themselves will have to liaise with government departments, the NAO and auditors because the commission will not be on hand to act as an intermediary. The role of accounting officers within departments is fundamental to the management and control of resources. They are currently able to draw on information on the outcome of audits, implementation of major initiatives and value for money outcomes analysed by the Audit Commission. How is this all to happen in the future? Unless the Minister can tell us otherwise, there appears to be no organisation that will be publishing the outputs of more than £200 billion of public expenditure.

Clearly, quality of audits is paramount. The role of the FRC as overall regulator and its specific role in providing quality assurance to just a few “major audits” has been the cause of some concern. We hear the government assurances on this but consider that Parliament is entitled to a more formal report on how this is working in practice. Can the Minister confirm that the reports of the recognised supervisory bodies monitoring auditor performance outside major audits will be in the public domain?

There is also the need for oversight on how this is working for all “relevant authorities”, including health bodies and smaller authorities. Many of the provisions in the Bill are not applicable to health service bodies because equivalent provision is made in other legislation. We have not thus far sought to compare or contrast these provisions with those applicable to other relevant authorities. Contemplating consolidation may give the Ministers a nightmare at the moment but the Bill does not give us a sense of how joined up this is all going to be in practice. A report to Parliament would cover this. I beg to move.

[Lord Wallace of Saltaire]

My Lords, the Government support the intention behind this amendment. Post-implementation review is acknowledged good practice. It will provide the assurances that Parliament and the general public will want that the new audit arrangements are achieving the outcomes that we expect, and it will identify how policies might be improved if they prove to be less effective than we anticipate. For these reasons, the Government have already committed to undertake such a review. This is set out in the impact assessment, at Section K.

However, I am not persuaded that the timeframe envisaged in the amendment is the right one. The commitment in the impact assessment is to a review within three to five years of Royal Assent. This is in line with the Government’s general commitment to post-legislative review. The reason for preferring a slightly longer period in the case of this legislation relates to the implementation of local auditor appointment.

Assuming that this Act is passed in early 2014, the amendment would require a report in early 2017. As noble Lords are aware, the earliest date at which local auditor appointment would begin is 2017. It would seem to make sense to include some assessment of the move to local appointment in the proposed review. This would enable a robust assessment of audit quality and auditor independence in the new regime, and of the impact of local appointment on the audit supply market.

Nevertheless, government departments, through the accounting officer, are accountable to Parliament annually for the money voted to them. Where this money is distributed to others, accounting officers need to be able to demonstrate that appropriate accountability arrangements are in place, usually through an accountability systems statement. The external audit of local bodies is one of the evidence sources that will help to demonstrate whether the system is working effectively. We will ensure that the necessary assurance can be provided to accounting officers and to Parliament.

The provisions for the audit regime of health bodies have been designed to provide at least the same level of assurance to the Department of Health accounting officer and Parliament on the use of resources by the health sector as current arrangements. All the health bodies covered by this Bill are included in the annual accounts of the Department of Health. The department reviews the outcome of the audits and annual governance statements of all health bodies and the NAO also uses these to inform its audit of the departmental accounts.

Finally, I would like to say a few words of reassurance about the scope of the proposed post-implementation review. The impact assessment explains that the review will look at how well the core objectives of the local audit reforms are being met. I remind noble Lords that these objectives are: to deliver greater localism, decentralisation and transparency; to maintain competitive audit fees; and to uphold high standards of auditing.

There does not appear to be anything in the list of specific requirements in the amendment which is obviously out of scope. The impact assessment makes a commitment that we will work up the detail of the review with representatives from local government and other interested parties. I hope that these reassurances will satisfy the noble Lord and he will be willing to withdraw the amendment.

[Lord McKenzie of Luton]

My Lords, I thank the noble Lord for his response. Of course, I will withdraw the amendment.

As I said in moving the amendment, I was aware of the proposal to have a post-implementation review. I accept the point about the timeframe. If it was done within three years, we would not have had any—or certainly many—local appointments of auditors so would not be able to judge the ramifications.

I do not know whether the noble Lord can help me on a further point, or write to me on it. In considering the Bill, I do not think that we have done enough work on how the regime for health bodies and other relevant bodies fits together. They are all defined as being relevant authorities. However, a whole raft of provisions appear to apply to relevant authorities other than health bodies. We may not have an overall view of how that fits together but one would hope that any review of how the measure will work in practice would pick up what the inconsistencies and consistencies of the regimes are and what lessons can be learnt from one stream which could benefit the other. That aspect appears to have received less attention than many other aspects of the Bill. However, I accept the undertaking that there will be a post-implementation review based on consultation with relevant bodies. I accept the point about a three to five-year timescale rather than within three years. That seems to me entirely reasonable. I do not know whether the noble Lord can say anything further on the health bodies point.

[Lord Wallace of Saltaire]

I take the point about health bodies. This clearly is an important part of the arrangement. We, of course, intend to include health service bodies in the post-implementation review. If there are other matters about the health bodies that the noble Lord would like to discuss between Committee and Report, I am very happy to do so. We recognise that this is an important part of the whole shift.

[Lord McKenzie of Luton]

I welcome that and would like to take up that opportunity. In the mean time, I beg leave to withdraw the amendment.

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Moved by

[Lord Wallace of Saltaire]

20: Schedule 12, page 82, line 29, leave out “see Part 4” and insert “within the meaning”

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Moved by

[Lord Wallace of Saltaire]

23A: Schedule 12, page 93, line 7, at end insert—
“(1) Section 210A (extraordinary report: local authorities) is amended as follows.
(2) In subsection (1), for the words from “the Audit Commission” to the end substitute “the regulator may require the local authority to allow its accounts, so far as they relate to the provision of social housing, to be audited by a local auditor appointed by the regulator.”
(3) After subsection (1) insert—
“(1A) The regulator may not appoint a local auditor to audit the accounts of a local authority if that person—
(a) is the person (or one of the persons) appointed under or by virtue of the Local Audit and Accountability Act 2013 to audit the authority’s accounts, or(b) was the person (or one of the persons) who carried out the most recent completed audit of the authority’s accounts under or by virtue of that Act.“(1B) Sections 19(1), (2), (5) and (6), 21 and 22 of the Local Audit and Accountability Act 2013 (local auditors’ general duties and right to documents etc.) apply in relation to an audit under this section as they apply in relation to an audit of the local authority under or by virtue of that Act.
(1C) On completion of the audit under this section, the local auditor must report to the regulator about such matters and in such form as the regulator determines.”
(4) Omit subsections (2) and (3).
(5) In subsection (4) for “Audit Commission’s costs of preparing the report” substitute “costs of the audit (including the local auditor’s remuneration)”.
(6) For subsection (5) substitute—
“(5) In this section—
“accounts” has the meaning given by section 4 of the Local Audit and Accountability Act 2013;“local auditor” means a person who is eligible for appointment under or by virtue of the Local Audit and Accountability Act 2013 as an auditor of the local authority’s accounts.”(7) In the heading, for “report” substitute “audit”.
In section 249(1) (management transfer) after “section 210” insert “or 210A”.”

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[Lord Wallace of Saltaire]

Amendment 23A would add new provisions within Schedule 12. The purpose of this amendment is to include local authority social housing providers within the Homes and Communities Agency’s existing powers to require a separate audit report into social housing accounts, once the Audit Commission has been abolished.

Currently, Section 210 of the Housing and Regeneration Act 2008 gives the Homes and Communities Agency a power to order an extraordinary audit as part of an inquiry under Section 206 of that Act in respect of a private registered provider of social housing where it has serious concerns that a housing provider has mismanaged its affairs. The agency can require the registered provider to allow its accounts and balance sheet to be audited by a qualified auditor appointed by the regulator.

Section 210A applies this regime to local authority housing providers by placing a duty on the Audit Commission, if asked by the regulator, to provide a report on the local authority’s accounts, so far as they relate to the authority’s provision of social housing. Amendment 23A ensures that local authority social housing accounts continue—upon closure of the Audit Commission—to be subject to examination as part of a Section 206 inquiry by enabling the Homes and Communities Agency to appoint an auditor which is on the register held by the recognised supervisory body to undertake an extraordinary audit. I therefore beg to move this amendment.

[Lord McKenzie of Luton]

That is very clear. I am happy with the amendment.

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24: Schedule 12, page 96, line 2, at end insert—
“Charities Act 2011 (c. 25)99A The Charities Act 2011 is amended as follows.
99B (1) Section 149 (audit or examination of English NHS charity accounts) is amended as follows.
(2) In subsection (2) for “a person appointed by the Audit Commission” substitute “a person who—
(a) is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006,(b) is eligible for appointment as a local auditor (see Part 4 of the Local Audit and Accountability Act 2013), or(c) is a member of a body for the time being specified in regulations under section 154 and is under the rules of that body eligible for appointment as auditor of the charity.”(3) In subsection (3)—
(a) for “the Audit Commission” (where it first occurs) substitute “the charity trustees”,(b) in paragraph (a) for “a person appointed by the Audit Commission” substitute “a person who is within subsection (2)(a), (b) or (c)”, and(c) in paragraph (b) for “a person so appointed” substitute “a person who is qualified to be an independent examiner”. (4) After subsection (3) insert—
“(3A) For the purposes of subsection (3)(b), a person is qualified to be an independent examiner if (and only if)—
(a) the person is independent,(b) the charity trustees reasonably believe that the person has the requisite ability and practical experience to carry out a competent examination of the accounts, and(c) the person—(i) falls within a description of person for the time being included in the list in section 145(3), or(ii) is eligible for appointment as a local auditor (see Part 4 of the Local Audit and Accountability Act 2013).”(5) Omit subsection (4).
(6) For subsection (5) substitute—
“(5) The Commission may—
(a) give guidance to charity trustees of an English NHS charity in connection with the selection of a person for appointment as an independent examiner;(b) give such directions as it thinks appropriate with respect to the carrying out of an examination in pursuance of subsection (3)(b);and any such guidance or directions may either be of general application or apply to a particular charity only.”(7) Omit subsection (8).
99C (1) Section 151 (audit of accounts of larger groups) is amended as follows.
(2) In subsection (4)(b), for “a person appointed by the Audit Commission” substitute “a person, appointed by the charity trustees of the parent charity, who is within section 149(2)(a), (b) or (c)”.
(3) In subsection (6)—
(a) for “Subsections (4) and (6) of section 149 apply” substitute “Section 149(6) applies”, and(b) for “they apply” substitute “it applies”. 99D (1) Section 152 (examination of accounts an option for smaller groups) is amended as follows.
(2) In subsection (6)—
(a) for the words from “the Audit Commission” (where it first occurs) to “so appointed” substitute “the charity trustees of the parent charity be audited by a person, appointed by those trustees, who is within section 149(2)(a), (b) or (c); or examined by a person, appointed by those trustees, who is qualified to be an independent examiner”,(b) for “(4) to (6)” substitute “(3A), (5) and (6)”, and(c) after “section 149(3)” insert “; except that in subsection (3A)(b) of that section the reference to “the charity trustees” is to be read as a reference to “the charity trustees of the parent charity”.”99E In section 154(1) (regulations relating to audits and examinations) after paragraph (a) insert—
“(aa) specifying one or more bodies for the purposes of section 149(2)(c);”.”

[Lord Wallace of Saltaire]

My Lords, as Cabinet Office spokesman in the Lords with some responsibility for charities, this is another amendment on which I shall speak. This is, indeed, about health service charities.

Amendment 24 makes changes to the Charities Act 2011 in respect of English NHS charities as a result of the abolition of the Audit Commission. Currently, the auditors of English NHS charities are appointed by the Audit Commission, so this amendment ensures that arrangements are in place for the audit of English NHS charities’ accounts after its abolition.

The trustees of English NHS charities will be able to appoint a person who is eligible to act as an auditor under the Companies Act 2006, this Bill or regulations under the Charities Act 2011. The amendment allows smaller English NHS charities, with income of between £25,000 and £500,000 in the year in question, to opt for an examination of their accounts as an alternative to audit, which is intended to minimise costs of producing accounts to the charities. This is consistent with the way smaller non-NHS charities are treated in the Charities Act 2011.

The criteria for who may undertake such examinations are set out in the amendment. An examiner of an English NHS charity’s accounts must be independent and the charity’s trustees must reasonably believe that the person has the requisite ability and experience to carry out a competent examination of the accounts. The examiner of an English NHS charity’s accounts must also be a member of a professional body as set out in Section 145(3) of the Charities Act 2011 if the gross income of the English NHS charity is between £250,000 and £500,000 a year, or be eligible under the Local Audit and Accountability Bill, once enacted.

The amendment enables the Charity Commission to give guidance to NHS charity trustees on the selection of an independent examiner and directions as to how an examination is to be carried out. The amendment also applies the same provisions to the group accounts of a parent NHS charity as have been set out for individual NHS charities. I beg to move.

[Lord McKenzie of Luton]

I have only one question for the noble Lord which concerns his reference to an independent examiner and a person who is independent. Can he remind us which definition of “independent” we are dealing with here?

[Lord Wallace of Saltaire]

I think we are referring back to the definition as in the Charities Act 2011. Since we have batted forward and back on the question of what exactly “independent” means in this respect, I may need to write to the noble Lord just to confirm the exact definition being used here.

[Lord McKenzie of Luton]

I am grateful for that.

Local Audit and Accountability Bill [HL]

Lord Wallace of Saltaire Excerpts

Monday 24th June 2013 Grand Committee

Moved by

[Lord Wallace of Saltaire]

15: Schedule 5, page 49, leave out lines 15 and 16

[Lord Wallace of Saltaire]

My Lords, this amendment removes an unnecessary provision from paragraph 16 which is a supplement to paragraph 15 of Schedule 5. Paragraph 15 substitutes Section 1248 of the Companies Act 2006, with which I am sure noble Lords are all familiar. It enables the Secretary of State to direct a relevant authority to retain an auditor to carry out a second audit in certain circumstances.

Paragraph 16 substitutes Section 1249 of the Companies Act 2006 and inserts supplementary provisions about second audits. Subsection (3) states that a direction given to retain a second auditor may be enforced by injunction, which exactly replicates the wording in Section 1249 of the Companies Act. However, given that all public authorities, unlike companies, are subject to judicial review, we now wish to remove subsection (3) which refers to the use of an injunction; this is clearly not necessary. Should a relevant authority fail to comply with the direction relating to a second audit, an action could be brought for judicial review. This is currently the way in which local public bodies are brought to account. This is a minor and technical amendment that removes an unnecessary provision. I beg to move.

[Lord McKenzie of Luton]

I thank the noble Lord, Lord Wallace of Saltaire, for the explanation of this amendment, and I have no problem with it. My question was about what alternative the Government had in mind by deleting this enforcement by injunction. The Minister dealt with that; it is by judicial review. As to being familiar with the Companies Act 2006, I have a great affection for it; it was the first piece of legislation I ever worked on. I spent days carrying the bag of the noble Lord, Lord Sainsbury, around committee rooms on it, although do not ask me what is in it. I support this amendment.

--- Later in debate ---

[Lord McKenzie of Luton]

My Lords, this is another quick one, I expect. This amendment relates to an offence under Clause 22. Clause 21 provides for an auditor’s right to documentation and information. Clause 22 makes it an offence without reasonable excuse for a person to obstruct the process or to fail to comply with any requirement of a local auditor. A person guilty of an offence can be subject to a fine on summary conviction. A local auditor can recover reasonable expenses in connection with proceedings alleged to have been committed by certain persons from the relevant authority. Those persons include, for example, a member or officer of the relevant authority. The amendment seeks to makes certain that the right to recovery runs, albeit that the person committing the offence is no longer a member or officer of the authority. This raises the issue of when an offence might have been committed when it includes, for example, continuing failure to provide information or explanations by somebody who has ceased to be a member or officer and perhaps put themselves in that position deliberately. This ties the position back to Clause 21(8)(f), which brings such individuals within the scope of those from whom the auditor can seek information. We do not want anyone to escape by jumping ship or, indeed, for the recovery of costs to be precluded in those circumstances. I beg to move.

[Lord Wallace of Saltaire]

My Lords, Clause 21 gives auditors a right to access documents and information that they consider necessary for them to exercise their functions under this Bill. Clause 22, as the noble Lord has just explained, provides that a person who obstructs the auditors’ rights under Clause 21, without reasonable excuse, commits an offence. Clause 22 enables the auditors to recover their expenses from relevant authorities in connection with offences committed by members or officers of the authority.

This amendment enables me to highlight two improvements we have made to the Bill since we published it in draft. First, we have included former members and officers of a relevant authority within the duty to provide information and explanation as required by the auditor. Secondly, we have increased the provisions supporting the auditors’ recovery of their costs. Auditors will be able to recover reasonable costs from the authority being audited for their time. We expect that the contracts between the auditor and relevant authority will also enable this, but to remove doubt, the Bill includes specific provisions to enable the auditors to recover costs or expenses for specified functions.

As I have set out, Clause 22 enables the auditors to recover reasonable expenses incurred from the authority as a result of any offence committed by a member or officer of the authority or a person within a connected entity of that authority.

This amendment would extend the provision set out in this clause to enable auditors also to recover expenses regarding offences committed by former members or officers of an authority from the relevant authority. This is a matter to which we gave some thought when we were strengthening the provisions supporting the auditor to recover costs and expenses incurred in undertaking its functions. We concluded that there are some circumstances under which it would not be right for a relevant authority to be required to fund these costs automatically; for example, where a person was a member or officer at the time to which the information or explanation relates but commits the offence of obstructing or not complying with the auditor after they have left the position. Rather than legislating to provide for such rare situations, we consider that it would be preferable for the relevant authority and auditor to agree via their contracts how the auditor’s costs and expenses would be covered in such an unusual situation. I hope my explanation allows this amendment to be withdrawn.

[Lord McKenzie of Luton]

I am grateful to the noble Lord. I think his explanation confirms what I thought was an issue about somebody who was involved and who had committed an offence but subsequently left the organisation. In those circumstances, if I understand the explanation, that precludes the recovery of the auditor’s reasonable expenses. Did I understand that correctly?

[Lord Wallace of Saltaire]

My understanding is that it means that the recovery of the reasonable costs does not automatically fall to the authority. If the person who had left the employment of the authority was unreasonably obstructing the provision of the information—refusing to give it—there are circumstances in which the reasonable costs might indeed fall on him or her; that would be a matter to be agreed in the contract between the auditor and the authority.

[Lord McKenzie of Luton]

I am grateful for that. I missed that part of the explanation originally. If we are not saying that the costs are not going to be recovered, if it is not the audited body, it is going to be the individual. I am grateful for that explanation, and I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord McKenzie of Luton]

I speak briefly in support of my noble friend’s amendment concerning freedom of information. He has opened up a very important area of discussion. My understanding—as he said—is that the Audit Commission, as a public authority, is subject to freedom of information but that those private sector firms appointed to undertake local public audits are not. The purpose of the amendment is to put them in a position where they would be subject to freedom of information. My noble friend made a good case for this.

As I understand it, there was a consultation on that in 2011 and the Audit Commission’s response was that it was sensible for auditors to be brought within the Freedom of Information Act, adding that it would be necessary to make it clear that freedom of information requirements applied only to information held in support of the functions of local public auditors. My noble friend made a good case.

In relation to Amendment 17, I am not quite clear about the extent to which my noble friend wishes this to proceed. It talks about the audit documents from private companies to which the local authority has contracted services. It is sometimes, possibly frequently, the case that it is not just one entity that is providing services. There is a whole range of sub-contractors in the chain and I am not sure quite how it would work in those circumstances. However, I believe that my noble friend has raised a very important point and, like him, I look forward to the Minister’s reply.

[Lord Wallace of Saltaire]

My Lords, I recognise the importance of this transparency issue. I suppose that I should start by declaring an interest as someone who has received a number of parking tickets from Wandsworth Council. It strikes me as odd that I have never received any parking tickets from Bradford Council. London councils must be sharper on the draw on this, and of course they use private contractors rather more than do councils in Yorkshire and, for all I know, councils in Newcastle.

There was considerable consultation on this issue, and I regret to tell the noble Lord that one thing that came back most strongly from it was a fear that this sort of provision would increase audit fees.

Amendment 17 seeks to give auditors a right of access to the audit documents of companies with which local authorities have entered into contracts and a duty to publish those documents. Following consultation, we believe that the Bill provides sufficient powers for local auditors to access all documents and information that they need in order to undertake the audit and that they have powers to publish those documents, and that therefore the amendment is not needed.

Clause 21 includes a broad power that enables auditors to access all documents and information that relate to the relevant authority which the auditor thinks are necessary to support him or her in undertaking the audit. These rights apply not only to documents and information held by the authority, its members and staff but to documents and information held by other persons—including the authority’s contractors—that the auditor thinks are necessary to undertake his or her statutory duties in relation to the audit of the relevant authority. Clause 22 makes it an offence to obstruct the auditor’s power to obtain these documents and information or to fail to comply with the duty. These provisions are very similar to those under the existing Audit Commission Act regime, which have not proved to be lacking.

In terms of publication of documents, the auditor is able to refer to information and documents from private companies in audit reports where these are appropriate to the audit of the local authority. In addition, the Government’s code of recommended practice for local authorities on data transparency encourages local authorities to publish all expenditure over £500, as well as copies of contracts and tenders. All councils are publishing spend above £500 and many provide contracts information. In late 2012, we consulted on updating the code and making it mandatory through regulations, and we will publish a government response later this summer.

Amendment 18A would amend the Freedom of Information Act so that auditors appointed by local authorities are defined as public authorities and are subject to the provisions under that Act. Auditors appointed by the Audit Commission are not currently included within the remit of the FOI Act. When we originally consulted on the future of local audit framework in spring 2011, we asked whether the future regime should bring local auditors into the Freedom of Information Act. After considering the broad range of responses to the consultation, the Government concluded that there was no compelling case to bring the auditors’ public office functions within the remit of the FOI Act.

There are two key reasons for that. First, we believe that doing so would add little to the existing provisions within the Freedom of Information Act and this Bill. Local authorities are already covered by the Freedom of Information Act, and therefore these requests could be directed at the local authority. Secondly, all respondents to the question—I stress “the respondents”, not the Government—said that they thought that bringing auditors into the Freedom of Information Act would increase audit fees.

In addition, the Bill already supports local transparency and local electorate access to the auditor in a number of ways. For example, the Bill retains all the existing rights for electors to inspect the statement of accounts and audit documents, and to raise questions and objections with the local auditor. Schedule 11 to the Bill enables an auditor to release material in response to this, unless it could prejudice the effective performance of the auditor’s functions.

I hope that that provides assurances that the new regime will support openness and transparency at all stages of the audit process. Auditors will have access to all documents and information that they consider relevant to the audit, local authorities will publish information relating to expenditure and contracts with private firms and local people will be able to inspect the accounts and raise objections with these assurances.

Having debated many previous amendments on other Bills with the noble Lord, I suspect he may nevertheless say that he is not entirely satisfied with all this. If he would like to talk to the Government between Committee and Report, we would be happy to do so, but I hope that, with those assurances, he will be prepared, at this stage, to withdraw his amendment.

--- Later in debate ---

[Lord McKenzie of Luton]

Before my noble friend withdraws his amendment, will the Minister clarify something? I think part of his answer was that all the transparency that is needed is provided for in the Bill and the regime that we are discussing. In that case, why is there concern about additional audit fees? What extra transparency is being forgone to keep those audit fees down if they would rise if my noble friend’s amendment is pursued?

[Lord Wallace of Saltaire]

I take the noble Lord’s cynicism about it always being a question of costs, although costs are not entirely a negligible issue at the moment for any of us. We had better pursue through further discussions the particular examples that the noble Lord raised and the question of how far into the internal workings of private contractors one needs to go to be sure that one is getting the value for money and service that one really requires.

[Lord Wills]

I am very grateful. My noble friend reinforces the point about the pathetic nature of the Government in accepting these arguments about increased audit fees. They really need not be there. These auditors are getting access to a very lucrative new stream of work and they should pay the price to the public in making information available.

[Lord Beecham]

Before my noble friend withdraws the amendment, what is the present position when a contract is let by the local authority for a particular service in terms of the audit? What is the relationship of the district auditor to a council-commissioned contract in relation to its own service? Does he have access and is he subject to the same disclosure requirements that my noble friend seeks as if the council itself were directly providing that service?

[Lord Wallace of Saltaire]

My clear understanding is that auditors do have access to the relevant accounts of the contractor, but that would probably differ a great deal from one contract to another. I therefore need to make sure that in saying that they have access I am talking about all the cases rather than some. It may well be that a number of contracts differ one from the other.

[Lord Wills]

Again, I am grateful to my noble friend, who has made an important point. We will return to these issues in private discussion and I hope that I can persuade the Government that they need to be a little more robust in responding to the consultations. They often are, but not in this particular case. In the mean time, I beg leave to withdraw the amendment

Social Mobility

Lord Wallace of Saltaire Excerpts

Thursday 20th June 2013 Grand Committee

[Lord Wallace of Saltaire]

My Lords, we have had a really good Moses Room debate. As I have experienced on several occasions, it is something like an academic seminar, from which one learns a good deal. I thank the noble Baroness, Lady Tyler, partly because I should have been reading a lot of this stuff before and she made me read it. We have had a very interesting and informative debate in which I have to say that the speech of the noble Baroness, Lady Sherlock, was one of the most interesting and inspiring. I hope that we will now go away and start arguing about this more actively in our parties and groups to take it forward.

I have a speech with a whole range of statistics on what the Government are doing about social mobility, but I want to concentrate on character and resilience, which is the bit that has not been as emphasised in dealing with social mobility as it should have been.

I was originally a bit of a cynic about the big society, the national citizen service and community organisers, until I went to see a national citizen service scheme in Bradford last summer and spent a long afternoon with children from what I know to be some of the roughest schools in Bradford, when I was asked to teach them how to give a speech. It was fascinating, because I realised that I was dealing with people who thought that they could not do things, that they could never stand up in front of others and perform. I managed to persuade three of them to do so. I began to see that that course gives you that much more confidence to believe that you can do things which before you thought that you could not. I am now a strong proponent of national citizen service. We are expanding its coverage this summer. Of course, it is only one of the many elements that we need, but it is giving children at different levels more opportunity to realise: “I can do that”. It teaches them how to volunteer and to take part in community activities. That is exactly the sort of thing that helps.

Similarly with the community organisers’ scheme. In Yorkshire, I see the problems of social mobility most of all in the big, almost entirely white estates in Bradford and Leeds—and occasionally in Sheffield and Hull. There is very high unemployment, a lot of intergenerational unemployment and a deep sense of grievance that the local authority does not look after them, but they do not actually look after themselves very much. There is a high incidence of Staffordshire bull terriers. There is a sense that nothing much is being done for them. The community organisers’ scheme tries to get them back into the habit of thinking that they could do some things for themselves with themselves, the local authority and local voluntary organisations. That is how you start to rebuild a community, because, as the right reverend Prelate said, the collapse of local community is part of the problem here. Your nonconformist church, your established church or whatever gave you a lot of those skills as you grew up within it. Sunday schools were not just about learning the number of books in the Old Testament, there were a lot of other things as well. That part of what the Government are doing is useful.

I declare an interest. For the past seven years, I have been chair of a musical charity. I was bounced into it by some young men who have been choristers at Westminster Abbey a long time after me, who decided that they were going to set up not only a choir but something that would bring music into primary schools. Two weeks ago, as they took over a church in the City of London, the right reverend Prelate the Bishop of London and I watched the Hackney Youth Children’s Choir performing. Evidently from their clothing, they were children from deprived backgrounds, standing up and performing in front of us and really enjoying themselves and therefore getting a sense that they can do things.

I believe that music in schools, as well as sport and getting people out learning to volunteer, is a very important part of building self-confidence. One of the reasons why the Parliament Choir is so good is that music teaches you two of the basic political skills: one, standing up in front of other people; and two, projecting your voice. Of course, that suggests that not everything we do on character and resilience needs to be done by government, let alone central government. A lot of this can be done by volunteers, by non-governmental organisations and by government—locally and centrally—and civil society working together.

A number of people have talked about early years and talking to small children. I have another personal interest in that I watch my two-and-a-half year-old grandson and am deeply conscious that the amount you talk to a small child comes right back at you over the months, and that those whose parents do not talk to them are a long way behind by the time they are three. In spite of the attacks in the Daily Mail, I am strongly in favour of local authorities and voluntary organisations providing parenting class incentives, explaining to young parents in particular what they can do for their children before they go to school, such as breakfast clubs and children’s centres. My figures suggest that actually the reduction in the number of children’s centres has been extremely small in the past two or three years. There has been a certain amount of merging and so on. We all recognise that this is a very important part of the mix of things that we need to do.

Moving on to what one does in the later years, I find it very depressing as I go around Yorkshire and ask people in pubs, restaurants and hotels why they employ so many Poles, Slovaks, Lithuanians and so on, and the answer is almost always, “Because they turn up for work on time, they do not take sick leave, they dress smartly and they want to get on”. Unfortunately, the children from these big inner-city estates tend to take a lot of sickies and often do not really want to work the hours that they would have to. We should be motivating them to think, “Actually, this is quite fun” and that living in Upper Wharfedale or wherever it may be for a bit might be also quite fun. It is not just a matter of forcing people to work and showing them what they can do but showing them that they can follow their own careers and that work cheers you up.

The noble Lord, Lord Knight, asked how we get people out of poverty. The best way to get people out of poverty is to get them into work—I think we all agree—and that is partly where character and resilience are needed to motivate all these people who are growing up, sitting around and complaining. I am conscious that I am caricaturing a little—but not very much. I have a vivid memory of an afternoon in Armley jail in Leeds talking to the “popos”—the persistent and prolific offenders—and thinking that these people actually had the talent to do things if they had only been directed and encouraged in the right way.

A number of other points have been made about state schools and public schools. The question of public benefit is clearly one that we need to revisit. I know that a number of public schools are sharing their excellent facilities with local state schools. That needs to be encouraged. It is something that they should be doing on their own anyway. They can certainly help with volunteering and getting out in local communities, and that is something that we should be taking a good deal further.

Universities and access were mentioned. Again, I have an interest to declare. When I taught at the University of Oxford, every year I used to take children from sixth forms in Wandsworth around Oxford. It was a disillusioning experience, I have to say. I did it because my children were at state schools in Wandsworth. The culture clash between many of the working-class children from Wandsworth and the admissions tutors at Oxford colleges was sometimes far too wide to be able to bridge. It is excellent that the Sutton Trust and others are doing a great deal with summer schools and access programmes. Partly re-educating the admissions tutors is a road we need to go down.

Apprenticeships help a great deal, particularly as we move towards keeping people in school until 17 and 18 and discouraging people from dropping out of education altogether. Giving people practical and directed work experience with apprenticeships is highly desirable. The number of apprenticeships has been rising over the past two years and we wish to take it a good deal further. Volunteering of all sorts—the Girl Guides, the Woodcraft Folk and all those other things—used to provide opportunities for this. We have to build that back in. As has also been said, this is all part of citizenship. It is not an accident that those big, working-class estates only provide a 15% turnout at local elections and about 25% at general elections. They feel completely disengaged, so we need to rebuild the local community for all these activities.

We have heard about a wider range of issues from my noble friend Lady Miller, the noble Baroness, Lady Sherlock, and the right reverend Prelate the Bishop of Derby on a more equal society and moral climate, which go wider than we can go on this occasion. We recognise that part of what went wrong over the past 25 years has been that we have become a much more atomised society, which valued wealth for its own sake and in which inequality has risen. Part of the argument that we all need to be making about taxation, personal reward and what companies and banks pay is that a society which is too unequal becomes a society which is very difficult to hold together. One loses a sense of common interest and community, locally, regionally and nationally. The banking commission hints at that in one or two places, but does not quite get sufficiently explicit on it; that sounds to me like a good role for the Church of England to take further in its contribution to the public debate.

Having made those comments as a wind-up to this seminar, I thank again my noble friend Lady Tyler for introducing this subject and for encouraging me to read a number of things which her All-Party Parliamentary Group has produced; I very much look forward to seeing what it produces from now on. I know that the Deputy Prime Minister and others are actively interested in the work of this group. We recognise that social mobility and inclusion are extremely complex areas. There is no single factor but a whole host of factors that come into play. I hope that we are all committed to building a more socially inclusive and coherent society.

Local Audit and Accountability Bill [HL]

Lord Wallace of Saltaire Excerpts

Wednesday 19th June 2013 Grand Committee

[Lord McKenzie of Luton]

My Lords, this is a very straightforward amendment, which is intended to ensure that the Secretary of State will consult before producing regulations under paragraph 4 of Schedule 3. Perhaps the Minister will take the opportunity to share with us what the broad content of the regulations will cover, or say when we might expect to receive a draft. I beg to move.

[Lord Wallace of Saltaire]

Here I am acting as the Minister, jumping to my fifth subject today, although I am happy to do so. As has just been explained, Amendment 14ZD would require the Secretary of State to consult relevant authorities and representatives of local government before exercising powers as set out in Schedule 3 to make further provision about the appointment of an auditor to certain bodies.

We are sympathetic to the concerns behind the amendment, which we understand are to ensure that bodies are suitably consulted before further provision is made on auditor appointment. Perhaps it would be helpful if I clarify the scope and purpose of this power, which I understand to be the purpose of this probing amendment. The power is limited to bodies not covered by paragraphs 1 to 3 of Schedule 3. It therefore does not apply to local authorities, police bodies, or the GLA.

Schedule 3 already makes provision in relation to these bodies to ensure that the appointment process reflects their specific governance arrangements. In the case of local authorities, it prevents the delegation of the appointment decision below full council. This ensures that the appointment of the auditor is made in a transparent manner and with proper accountability. The power at paragraph 4 is simply intended to allow the Secretary of State to make similar minor provisions for other bodies covered by the Bill to support accountability. This might mean preventing the delegation of the appointment decision for other bodies as set out, as the noble Lord will know, in Schedule 2.

As set out in the statement of intent that the Government laid earlier this week, we will work with delivery partners and interested parties to consider what specific provisions are needed. With these reassurances on the scope and purpose of the clause, and on our intent to consult affected bodies, I hope that this provides sufficient additional information for the noble Lord to be able to withdraw his amendment.

[Lord McKenzie of Luton]

I am grateful to the noble Lord for that response. I certainly intend to withdraw the amendment. However, perhaps he could be a little more specific about the other bodies covered by this. I am not sure that I fully grasped his point about particular bodies. Does he have an example?

[Lord Wallace of Saltaire]

Schedule 2 sets out a range of other bodies. The minor bodies that are set out range from waste management boards to drainage boards to parish councils and to others but do not include the major local authorities or the GLA et cetera. Schedule 4 relates to Schedule 2. I hope that is clear.

[Lord McKenzie of Luton]

I am grateful for that further exemplary clarification. I have not had a chance to read the statement of intent in detail yet, which came on Monday when we were in Committee. In the mean time, I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Beecham]

Perhaps I may just ask whether it would remain open to authorities to combine in placing audit contracts. The Audit Commission identified substantial savings having been made by central commissioning, and it anticipated that if extended to the remaining 30% of contracts, a significant further saving of some £400 million over five years could be made. I am not necessarily saying that that is the way to go but, under the provisions of the Bill and this whole appointment process, would it still be open for such an approach to be adopted by authorities coming together, for example, in a particular region or a particular class of authority, obviously with the support of their independent panels? Would it still be open to them to move in that direction, getting a sort of bulk purchase by agreement rather than it being imposed externally? It would be helpful to have some assurance on that.

[Lord Wallace of Saltaire]

My Lords, I am happy to give that assurance. That is entirely acceptable and to be expected within the Bill. Often small authorities in particular will find it convenient and useful to combine how they approach this matter. However, as the noble Lord has just said, this is by voluntary co-operation rather than by imposition from the centre.

I have to reprimand the noble Lord, Lord Tope, for making exactly the first point that I was going to make, thus cutting down on what I have to say.

[Lord Tope]

I have never achieved that before.

--- Later in debate ---

[Lord Beecham]

I have not achieved it yet.

[Lord Wallace of Saltaire]

The Government understand and support the intentions behind the amendment—to ensure that there is transparency over the appointment of the auditor—but they are not convinced that this is the sort of thing that needs to be in the Bill. The Bill already includes a requirement for the notice to include the advice of the auditor panel, which is required to advise on the selection and appointment of the auditor. This might cover issues such as the length of the appointment and the process for appointment. Under the Bill, auditor panels must have regard to guidance issued by the Secretary of State on their functions. We expect that such statutory guidance, or wider guidance on best practice, might cover the sorts of issues that should be included in any advice from the panel.

With those reassurances, I hope that the noble Lord will be willing to withdraw the amendment.

[Lord McKenzie of Luton]

I am grateful to the Minister. I certainly do not intend to press the amendment. I say to the noble Lord, Lord Tope, that I did not honestly expect the Minister to rush to accept the wording; it was a mechanism to open up a debate, particularly about the process and there being transparency in the extent to which other firms are invited in—in a beauty parade or whatever the mechanism is. That may be some measure of the determination of the local authority, if it has one, to broaden and open up the market. However, I entirely accept that that will be the expectation and that it will be set down in some of the guidance that will flow from this Bill. Accordingly, I beg leave to withdraw the amendment.

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[Lord True]

My Lords, I declare an interest myself, as leader of a local authority, and apologise for not being able to take part in these proceedings before. I shall make a very small point, which need not be clarified now but perhaps could be before Report.

I have a great deal of sympathy with the tenor of comments being made universally around the Committee about the risks of overlapping. I strongly follow the noble Earl’s comments about the importance of the integrity and role of audit as it is practised by local authority officers at the moment. I was going to raise my query later, but I shall follow the noble Earl, because it affects independence, which is the subject of this amendment. Paragraph 2(2)(b) of Schedule 4 would not disqualify somebody from being a member if,

“the panel member has not been an officer or employee of an entity connected with the authority within that period”—

that is, for five years.

The only thing that needs to be made clear and perhaps can be made clear on Report is whether that means the authority or the individual. Let us posit a case of somebody who has been an officer of a body and has gained a great deal of lifetime experience, and has retired early, perhaps eight years ago—we do not want any age complication, so let us just say that he no longer works for that authority. After his departure, some years later, that body becomes a connected authority, whereas he has had no connection with it for some time. His experience might be useful, and one does not want to exclude potential individuals by idle wording. I take it that the Bill means that somebody who has been working for, or connected with, the authority in the past five years should be excluded. However, the way in which it is written could mean that if you have worked at any time for a body that becomes connected in the previous five years, you would be excluded. I think that the second category might be considered, as somebody could be useful in pursuing this role.

[Lord Wallace of Saltaire]

My Lords, the definition of independence is set out in Schedule 4, which says that a person is independent if they are not a member or officer of the authority and have not been within the past five years, or a “relative or close friend” of such a person. Questions of objectivity and competence, particularly competence, are, apart from qualifications in accountancy, a little more subjective. Professional competence is defined by qualifications rather than by other things.

The intention here is to allow flexibility rather than to be too prescriptive. I am told that 80% of local authorities already have audit committees; 31% have at least one independent member and 15% have more than two independent members. If panels can be constituted from members of the audit committee, that is fine, provided that they are independently chaired and have an independent majority. There could be two independent members of the local audit committee, plus one other, to make the specific appointment for external audit. I assume we all accept that there is a difference between the continuing internal audit process and the appointment of external auditors. We are trying not to be too prescriptive on this, but that is the distinction that we are drawing.

There are concerns that audit committees will get in a muddle about having audit panels alongside them, but that is not at all necessary, particularly in larger authorities. We are not convinced that we need to make audit committees a statutory requirement in local government, although, of course, practice is such that the overwhelming majority of large and small local authorities have audit committees. Local authority audit committees may wish to set up a small auditor panel, which may be connected with the audit committee, provided that it has an independent chair and an independent majority. There can be important links between the role of a panel and the audit committee, but their specific roles are distinct.

We do not think that there is a wider case for imposing statutory majority independent audit committees on local government for internal audit, for some of the reasons mentioned, but for a panel that appoints the external auditors that case should stand. Under the accounts and audit regulations, local authorities are already required to ensure that a committee, or a meeting of the whole body, reviews arrangements for the internal control and effectiveness of internal audit, approves the annual governance statement and considers and approves the statement of accounts. That is what the audit committees in most local authorities already do, usually led by back-bench councillors and, as noble Lords have said, very often by opposition councillors. However, the Government are not prescriptive about the precise structure that local bodies use to meet these requirements. Based on these existing functions, guidance from the Chartered Institute of Public Finance and Accountancy suggests that members of audit committees should be independent of the executive but need not be fully independent of the council.

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[Lord Wallace of Saltaire]

My Lords, we will move on to the question of health bodies in our discussion of further amendments, and I hope that the noble Lord will allow us to return to the issue when we deal with them.

In answer to the noble Lord, Lord True, the Bill would not prevent someone who had worked for the local authority but had finished working for the local authority more than five years ago acting as an independent member of the panel. That is certainly my reading, and I state that as the Government’s clear understanding of the position.

On the question of a close friend—I appreciate that the noble Lord, Lord Beecham, is querying this—I am told that the phrase is already in the Localism Act. It is, to some extent, a matter of perception, but we all understand, from having dealt with local authorities over a long period, that this is one of the areas where one needs to make sure that panels look independent and are assured to be independent. Where someone seems like a close friend, it is clear that we will give guidance that that sort of person ought not to be appointed to a panel in that area.

There is more on the definitions in the letter of intent that was circulated on Monday, which I hope noble Lords have seen, and there will be more in the guidance provided to local bodies. I hope that provides sufficient reassurance for the amendment to be withdrawn.

[Lord Tope]

My Lords, I am slightly confused, because the group of amendments with which we are dealing is about the relationship between audit committees and auditor panels. The noble Lord, Lord McKenzie, as the mover of the amendments, will comment on that in a moment. However, I am quite sure that we will return to this issue, if only to seek clarification about the distinction and whether the two bodies should be, or have to be, separate. My noble friend Lord Wallace seemed almost to be saying that the auditor panel could in effect be a subcommittee of the audit committee. I do not think that that was quite what he meant, but maybe it was. We still need to clarify that role.

My confusion started when my noble friend went on to reply to Amendment 14BBA, which is not only in the name of the noble Earl, Lord Lytton, but in mine. That amendment has not been moved yet, so I am not quite sure whether we are dealing with it. If we are, and for the sake of preventing us from dealing with it later on—if and when it ever gets moved—perhaps I might say that the noble Earl is vastly more expert than me on the case of small bodies, such as parish councils and the like. However, the amendment comes from the Local Government Association, which represents primarily the larger authorities that do have these concerns. Personally, I have no great problem with majority independent members, but the LGA is concerned about it on a number of grounds.

First, the LGA quite rightly makes the point about the professional integrity of auditors, which the noble Baroness, Lady Eaton, has already made, as has the noble Lord, Lord True, and others, and which I think we all accept. They are already fully regulated, quite rightly and properly, and therefore the perception of independence is, in a sense, already covered to a considerable extent by the regulation.

Secondly, there is the rather more important, practical problem of whether in some areas it will be possible to find a significant number of truly independent people. That does not mean somebody elected to the council as being independent of a political party; it means somebody who is truly independent of the council in a way that is defined in the schedule. In some areas, it may not be possible to find sufficient people of relevant experience. That does not mean that they have a professional qualification necessarily, but that they have relevant experience and are also able and willing to put in the necessary time to serve on this. That may be less of a concern in some London boroughs that many of us know. However, I can well see that in more rural areas or smaller district councils, it may well be quite a significant difficulty. That is part of the concern that the LGA was raising and which we need to include in this debate, whichever amendment we are debating at this moment.

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[The Deputy Chairman of Committees (Lord Haskel)]

I have to inform your Lordships that if Amendment 14BB is agreed I cannot call Amendment 14BBA on the supplementary list because of pre-emption.

[Lord Wallace of Saltaire]

My Lords, we are, in a sense, continuing the previous debate. Before I directly address the amendment in terms of defining “independent”, I shall speak with another hat on. As noble Lords will know, I speak for the Cabinet Office on issues of civil society and I am struck by the fact that the largest single part of the population that is becoming more active in all civil society activities is the fit retired. There is a very large and growing element there and it is precisely the area from which local bodies are likely to find the independent members that they are looking for. Looking around this room, I note that many of us would fit into that category but, unfortunately, we are not retired. Therefore we have less time than we would otherwise like to have. The noble Lord, Lord Tope, is particularly fit, although I like to think that I am fitter than he is.

We are happy to look into the question of how one defines “close friend” and of course we will have discussions on a range of these issues between Committee and Report. However, I reiterate that a third of audit committees already have independent members and 15% have two independent members. We see the independent panels which will appoint external auditors as not having the heavy weight of work that audit committees have but as fulfilling a rather more distinctive function.

The proposal in the amendment for mandatory audit committees is addressed more directly in other amendments but, as I understand it, this specific amendment is intended to ensure that, as well as being independent of the authority, members of an auditor panel or audit committee do not have wider conflicts of interest that might compromise their independence. I agree that potential conflicts of interest should of course be taken into account in appointing members of auditor panels. However, the Bill already includes a duty for relevant authorities to have regard to guidance issued by the Secretary of State in relation to their independent auditor panels.

We intend that such guidance will cover exactly these sorts of issues, such as how auditor panels will operate and who should sit on them. We intend to work closely with the sector and interested parties on developing such guidance and identifying what wider interests should be considered in appointing members of a panel. I hope these reassurances are sufficient for the noble Lord to withdraw his amendment, or perhaps to ask for further discussion between the Committee and Report stages.

[Lord True]

My Lords, I should apologise to the Committee. It was probably my fault that we got confused. I was following my noble friend Lord Lytton and my eyes went to page 40, and we therefore drifted on to the next group.

Perhaps I may ask a brief question. The noble Lord, Lord Beecham, raised the question of a “close friend”—it is good to know that the noble Lord has many close friends—and he is right to be concerned about the definition. Where is the question of political friendship dealt with in this? While it is good practice in local authorities, including my own, to have an opposition chairman—we are conscious of the political issue—is the situation of independents having close political associations but not close personal ones dealt with, in this or other legislation, in a way which would enable the work of panels not to be distorted by political considerations? In some authorities which are perhaps not as well governed as others, those kinds of considerations can be just as important as personal friendships.

[Lord Wallace of Saltaire]

My Lords, we are willing to look at that as well and I will write to the noble Lord. After all, we are talking about panels that may consist of two independents and one member of the audit committee. We are not talking about a vast number of people to be found outside. However, my understanding is that “independent” will exclude close political friendship. My experience of close political friendship also tends to mean close personal friendship, but we could discuss that in the bar or on another occasion.

[Lord Palmer of Childs Hill]

My Lords, perhaps I can come back on that because I am probably the only person in your Lordships’ House who is a chairman of an audit committee. The present situation in many audit committees, of which mine is one, where the chairman is a member of an opposition party, which I am, gives an incredible independence. You are not part of the ruling party and when we were in power we did the same the other way round.

As the noble Lord mentioned, we already have two independent members, which is very good. However, the trouble is that if you appoint an independent chairman or chairwoman of the committee, that person could well have a political affiliation. Therefore, when the controlling party in that local authority was looking for an independent chair of that committee or panel, not unnaturally it would look to people whom they know or know of. The current situation where the person is of an opposition party, where that is relevant, seems to get over that point because that person is not a close political friend. I just wanted to pick up that point from my personal experience as something to think about that when we are considering this point.

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[Lord Wallace of Saltaire]

My Lords, I am very happy to look at this again between Committee and Report and make sure that the definition is as clear as it can be.

[Lord McKenzie of Luton]

My Lords, I am grateful to the Minister for that response and for the undertaking to look at this again. The points that have been made around the Committee today emphasise that there is less clarity than there should be on how this is all meant to operate and some of the nuances that could flow from just a strict reading of the legislation as it is.

I understand the point about making a judgment about whether someone was independent from an authority because of a business relationship. As the Minister said, you would seek to deal with that through guidance and it would be an issue as to whether they should be appointed to serve on the committee or the panel. In a sense, we are differentiating between someone who is not independent in that category and someone who is a relative, where they are not precluded from being appointed to the panel or committee. However, there cannot be too many of them or the requirement for a majority to be independent would break down. I am not quite sure of the logic in that. However, rather than stretch the debate this afternoon, I ask the Minister to look at that as part of the broader discussion. Maybe we could have a meeting of all noble Lords who have contributed before we get to Report because it would be difficult to repeat this discussion at Report without some interim deliberations. Having said that, I beg leave to withdraw the amendment.