General Elections: Peers’ Exclusion from Voting

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Monday 23rd March 2015 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, as the noble Lord knows, under the 1999 Act, hereditary Peers who are excluded from this House—not including the 92 who are here—are allowed to vote.

[Baroness Farrington of Ribbleton (Lab)]

My Lords, the Minister has been asked about reform of Parliament and the situation of a bicameral reformed Parliament. Would he agree that, de facto, we now have a unicameral system in which the House of Commons, by legislative right, ultimately gets its way? Who would arbitrate if there were two equal Chambers in Parliament?

[Lord Wallace of Saltaire]

My Lords, I would not agree with that, but I think that the noble Baroness and I had better have a long conversation with an authority such as the noble Lord, Lord Norton, on the subject.

Public Services: Private Sector Companies

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Monday 28th October 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, one of the reasons why the Government are attempting to encourage more mutuals in this area is that there is considerable evidence that people who work for mutuals have a much stronger sense of service, job satisfaction and co-operative working.

[Baroness Farrington of Ribbleton (Lab)]

My Lords, the Minister referred to one of the earlier questions as familiar. Does he accept that questions would become less familiar on the Order Paper if they were answered?

[Lord Wallace of Saltaire]

Yes.

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

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

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.

House of Lords (Cessation of Membership) Bill [HL]

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Friday 29th June 2012 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I think it is entirely clear. As now, some will receive more than others. The question of how many will be here every day will evolve with the new Chamber.

[Baroness Farrington of Ribbleton]

My Lords, will the Minister clarify the point that he made? I understood him to say, “not a lot of constituency work”. I understand that the intention behind the Bill that was produced this week is that Members of this Chamber, whatever they are called, will not do constituency work. I have yet to meet anyone who, faced with a problem, does not go to the person who they think is most likely to take up their case and fight it. However, I understand that the Bill is predicated on Members not having constituency work.

[Lord Wallace of Saltaire]

That understanding is entirely correct. The common understanding is that many of us here do a number of activities outside the House that might be considered constituency work. It is not constituency casework, although since becoming a Member of this House I have often received letters and e-mails that would be regarded as constituency casework, to which I have, by and large, said, “Not me”. However, in Bradford, York and Leeds, I frequently see Labour Members of this House, such as the noble Baroness, Lady Thornton, at meetings to discuss regional issues. Many of us will rightly continue to discuss regional issues. I meet the noble Baroness, Lady Eaton, and others who come from my part of the world. I wish there were more Members of this House who, like the noble Baroness, come from outside the south-east of England and naturally spend their weekends going around areas other than the south-east of England, picking up what is going on and feeding back what they have learnt—as part of their relevant and continuing expertise—into the House. If that is regarded as constituency work, it is perhaps something that we will naturally continue to do. However, constituency casework does not seem to us to be a necessary part of this House.

Draft House of Lords Reform Bill

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Tuesday 1st May 2012 Lords Chamber

[Lord Wallace of Saltaire]

Many of those who most admire the House as it is are among those who have been here for a relatively short time. In the 16 years that I have been in this House, I have been struck by how much it has changed. I remind those who were here that a deal was struck in 1999 by Lord Cranborne and the then Prime Minister against the strongly held views of the majority of Peers and against the consensus of those within the House. Then, however, it was still a courteous and polite House. It was extremely rare for any Peer to attempt to interrupt or intervene on another, and the overall tone of debate was far less partisan than it is now. Many Members have remarked on the increase in lobbying of us over the past 10 years and the increase in the volume of our mail and e-mails. I would also remark on the rougher, much more partisan and far more aggressive atmosphere. It is not at all obvious that an elected House would be more partisan than we have now become. On the other hand, we have become a more diligent House, meeting for longer hours and scrutinising more of the nooks and crannies of government.

The House as at present constituted was intended to be a temporary House. The 1999 Cranborne/Blair agreement was another way station on the long road towards—I quote from the preamble to the Parliament Act 1911—

“a Second Chamber constituted on a popular instead of hereditary basis”,

something to which the infant Labour Party within the then government coalition was committed.

[Baroness Farrington of Ribbleton]

My Lords, I think that the number of interventions on members of the Government is noticed more by those who are in government than by those who constitute other Members of your Lordships’ House. I can remember when, for example, my noble and learned friend Lady Scotland was intervened upon 10 times on one particular issue. I remember not always enjoying the interventions of the much missed Lord Onslow when I was in the noble Lord’s position. I think that if he checks back he will see that the behaviour in your Lordships’ House is not worse; it is just that he is more on the receiving end.

[Lord Wallace of Saltaire]

My Lords, we will agree to differ and I shall check back. I think that we have changed a great deal since 1999.

Our current position is not sustainable as numbers creep up and habits in the Chamber mutate. If noble Lords were to carry out some of the threats that have been uttered in this debate to wreck the rest of the Government’s legislative programme in order to sabotage proposed reform, then not just the sustainability but perhaps the reputation of this House would be weakened further. We cannot preserve the current House in aspic; it will continue to change and evolve. The noble Baroness, Lady McIntosh, said that very few of us believe we can remain as we are; the question is which direction we go in terms of reform.

The current proposals have not emerged from nowhere. Since the 1999 changes, Parliament has already devoted more than 140 hours to debating further reform. Shelves of reports—from Wakeham to Cunningham, Mackay of Clashfern and Hunt of Kings Heath—and a succession of Green Papers and White Papers have been produced. Very few arguments have been put forward in this debate which are not already familiar to most of us, and we will return to the topic again in 10 days’ time, when we will be discussing constitutional reform in one form or another in our debate on the Queen’s Speech.

Last week, in addition to reading the Richard report and the alternative report, I reread, for the first time in 40 years, the classic study of academic procrastination, Francis Cornford’s Microcosmographia Academica. This is the volume which first set out the principle of unripe time, the principles of the wedge and the dangerous precedent, and the determination of opponents to die in the last ditch. It was written of course to explain why the Cambridge University Senate so determinedly resisted all proposals for university reform. It says that the most effective means of obstruction is the alternative proposal. It continues:

“This is a form of Red Herring. As soon as three or more alternatives are in the field, there is pretty sure to be a majority against any one of them, and nothing will be done”.

The speech of the noble Baroness, Lady Royall, was an excellent example of the principle of unripe time—that the proposal before us may be right but now is not the right time to accept it. She argued that an elected House is in principle at some point a good thing but only after the economy has recovered, the Scottish issue has been resolved, the relationship between the two Houses clarified and a constitutional convention held. The time was never ripe in the boom years of Labour’s third term in government either, although it might have been thought to be an appropriate time. As Francis Cornford remarked,

“Time, by the way, is like the medlar: it has a trick of going rotten before it is ripe”.

The principle of the wedge has also been used by many.

Elections: Registration

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Tuesday 27th March 2012 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the localism agenda—and, indeed, reviving local democracy—is clearly one very important part of getting young people re-involved in democratic politics, because it is easier to understand how they interact with local politics. I have to say to all Members of the House that the way in which we handle the issue of constitutional reform over the next year will send a signal to young people about how responsible we are, at Westminster, in reacting to constitutional reform issues.

[Baroness Farrington of Ribbleton]

My Lords, the Minister seemed to indicate earlier in reply to my noble friend’s question that it has taken until now, three months later, to discuss within the department or the Government the issue that my noble friend raised. How much longer do we have to wait for it to become an all-party, cross-party discussion that might lead to the sort of positive results that the Minister seems to want?

[Lord Wallace of Saltaire]

I welcome the noble Baroness’s commitment to cross-party approaches to all aspects of political and constitutional reform. On the question of motivating people under the age of 25 to be involved in politics, we very much need an all-party approach, and that is one of the areas in which we all need to take a rather more responsible attitude than the circus of Westminster sometimes provides.

Armed Forces: Redundancies

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Monday 26th March 2012 Lords Chamber

[Baroness Farrington of Ribbleton]

My Lords, I missed the Minister’s answer to the previous question.

[Lord Wallace of Saltaire]

There is a range of reasons why some reductions, including in defence expenditure, are being made. As we withdraw our troops from Afghanistan in 2014, for the first time in a very long time we will not be, we hope, engaged in any active military operations; and, as we withdraw our troops from Germany, for the first time in over 200 years we will be within sight of our Armed Forces being mainly based in the United Kingdom. Some real and major adjustments to our Armed Forces will be under way in the next five to 10 years.

Police Reform and Social Responsibility Bill

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Monday 6th June 2011 Lords Chamber

[Baroness Farrington of Ribbleton]

My Lords, I am sorry that the Minister has slightly confused me—or rather, I have become confused, because I am sure that the Minister was clear. I did not understand his point about the necessity for two-way communication and representation, but not necessarily the involvement of people from both bodies. I cannot see how information could flow both ways if there were not people at both ends to ensure that.

[Lord Wallace of Saltaire]

I may be misinformed, but I cannot imagine a community safety partnership that does not have representatives from the local authority. Since each local authority will be represented on the police and crime panel, there will be representation. I will check and make sure that I am correctly informed.

[Baroness Farrington of Ribbleton]

My Lords, will it not be the same person?

[Lord Wallace of Saltaire]

There is representation. The idea that local authorities should appoint people to the police and crime panel which would then appoint representatives back to the community safety partnerships on which local authorities are represented makes life more complicated than it needs to be. The important thing is, first, that there should be some form of representation, and, secondly, that the two should work together.

--- Later in debate ---

[Lord Wallace of Saltaire]

We are well aware of the very central role of CSPs in managing the problems of crime reduction at local level, and naturally we expect and anticipate that PCCs will regard co-operation with CSPs as a central part of their role. However, we resist the proposal that they should—by statute, on the face of the Bill—be a member of each CSP. We will look at this again but it does not seem to us that, in asking and requiring them to work together, we need to put it on the face of the Bill.

[Baroness Farrington of Ribbleton]

I hope that the Minister will take away and consider very carefully the points that have been raised. I consider this question from my experience as a Lancashire county councillor, serving on the council at the same time as not only my noble friend Lady Henig but as the Minister's noble friend Lord Greaves. Were there to be a perceived inequality of treatment and representation between his noble friend’s Pendle, my noble friend Lady Henig’s Lancaster or my own part of Preston, it would undermine exactly what the Government are trying to achieve. Perhaps the Minister will forgive me, but I think that the Government have looked at models around the world, not least at one in America. This problem would not arise in America because, in most parts of the country, with the exception of large conurbations—London, for example, would be a comparator—local communities have a local police commissioner who is elected. The Government, in trying to look at the appropriate model, must have regard to the fact that this structure is different—it is on a bigger scale. I hope that the Minister will think about what I have said and, if he does not believe me and the strength of my feelings, I suggest that he talks to his noble friend Lord Greaves.

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, I recognise that throughout the rest of today we will discuss the relationship between the PCP and the PCC, and the relationship that the police and crime panel has with all the other agencies. The Government are certainly prepared to look at that again to make sure that that we get this right, as it is very important. However, we also recognise that practice, as well as statutory requirements, will make a great deal of difference to how this new model works. We have to make sure that PCPs and PCCs work together.

On whether the police commissioner is required to have public meetings, the PCP and the police commissioner will have public meetings together. It will be perfectly acceptable—indeed, desirable—for the police and crime commissioner to invite the chief constable to accompany her to public meetings with the police and crime panel, and that that will become part of the pattern. Again, how far that should be on the face of the Bill is something we need to consider further, but we are happy to talk off the Floor between Committee and Report on the precise role which these will have.

[Baroness Farrington of Ribbleton]

Should communication break down, that will become difficult. The Minister is perfectly proper in suggesting that the chief constable would normally be invited to such public meetings. Should things enter a difficult phase, which occasionally happens with the best laid plans, our concern would be that surely the public have a right to know that there is that expectation on the head of the service, rather than having to rely on an invitation being given.

[Lord Wallace of Saltaire]

My Lords, the design of this Bill is that the accountable body that is directly elected will be the police and crime commissioner, and that the police and crime panel holds that police and crime commissioner to account. The operational autonomy of the chief constable is answerable both to the police and crime commissioner and, as a backstop, to the Home Secretary, as monitored by the Chief Inspector of Constabulary. However, the accountability of the police and crime commissioner is first to the police and crime panel, which is the key relationship designed in this Bill.

[Baroness Farrington of Ribbleton]

My thinking was to do with the presence of the chief police officer at particularly major public meetings. At the moment, they often attend full county council meetings and are highly visible. If the Minister will forgive my use of the slightly vernacular, there could be occasions when feelings are running high and even the commissioner could be asked the whereabouts of the organ grinder because the public do not want the monkey. I have been at these public meetings and this sort of thing happens only when feelings are running high. Feelings were phenomenally high during the run-up to capturing the Yorkshire Ripper. As for relying on just an invitation, in a way there is a missing link in the chain between the public and the chief constable or chief police officer as described by the Minister. The public will expect it to be at least as strong as it is now and probably more so.

[Lord Wallace of Saltaire]

Most of us who have dealt with chief constables will know that chief constables would be unlikely to be shrinking violets and absent from public meetings on such occasions. In the type of instances referred to by the noble Baroness, it is evident that the chief constable would be there to answer for his force alongside the police commissioner. However, it is the model of this Bill that, formally, accountability runs from the police and crime commissioner to the police and crime panel. We do not wish to muddle the line of accountability by establishing a direct link in which the chief constable on her own answers to the police and crime panel.

Many noble Lords have met chief constables far more regularly than I at public meetings and public consultations. In practice, when meeting CSPs and other bodies, chief constables naturally play their part in regular consultation: that is, consultation that answers to the public at large but is different from the relationship between the PCP and the PCC. We are, however, willing to take this away and to consider in detail whether there are ways in which the Bill can be tweaked to answer some of the issues that have been raised by those on the opposition Benches.

[Lord Wallace of Saltaire]

My Lords, we will take this away. However, the principle of the Bill is that the chief constable is responsible to the police and crime commissioner. It does not exclude public consultations and public meetings, but that is the principle of the Bill. Of course chief constables meet a whole range of people on a regular basis, but democratic accountability in this form is from chief constable to police and crime commissioner, with the police and crime panel scrutinising the actions of the police and crime commissioner. That is the purpose and design of the Bill.

[Baroness Farrington of Ribbleton]

My Lords, in taking this point away, will the Minister please have regard to the public perception that if policing has become difficult in an area, the public wish to see the person who is the professional in charge of operational decisions being held to account in public and in their locality? I apologise for interrupting the Minister so often, but I am deeply committed to ensuring that, in whatever form the Bill is eventually enacted, people out there do not suddenly discover that there is less accountability, particularly if the Government do not intend that to happen.

[Lord Wallace of Saltaire]

My Lords, I am happy to give that assurance. We are all concerned to ensure that the operations of the police at all levels are visible and accountable. This is intended to make the mechanism of accountability rather more visible than it has been with police authorities. That is the purpose of the Bill. Having given that assurance, perhaps I may invite those who have moved and spoken to this group of amendments to withdraw them so that we may return to the issue on Report.

--- Later in debate ---

[Baroness Farrington of Ribbleton]

My Lords, I wonder whether the noble Lord, Lord Blencathra, in looking at the response that the Minister is about to give, will forgive me for referring back to my experience for a short time on the government Front Bench. It was my experience that sometimes it was not the Secretary of State who wished to retain powers quite as much as it was the department—particularly the senior officials in the department—that wished to retain the powers. Perhaps I was slightly biased because my background was in education. I am sure that we can reassure him that both Ministers serving the House on this Bill will, when they have considered what has been said in this debate today, consider carefully whether it is the Secretary of State or the department officials who wish to retain the string.

[Lord Wallace of Saltaire]

I start by thanking the noble Baroness, Lady Farrington, for that immensely helpful intervention; I think that we can all recognise where that came from. Perhaps I should also, with this and the next group in mind, congratulate a number of noble Lords, particularly the noble Baroness, Lady Henig, and my noble friend Lady Hamwee, on the immense care they have taken in going through the Bill in great detail. I have been thinking that I might have spent too much time on my allotments and should really have been looking more at the detail of Schedules 7, 8 and 11.

In this group of amendments we are discussing in detail the question of how far we should loosen central controls on the operations of the police and the forms of local accountability for the police. The coalition Government’s general approach is that, in the relationship between central and local government, we have wandered too far in the direction of allowing Secretaries of State or, in their name, departments to require a great deal of information and a great deal of detailed controls, which should, where possible, be loosened. However, we all recognise that some back-stop powers are necessary for central government to retain.

[Baroness Farrington of Ribbleton]

I hope that the Minister, who has just spoken on the issue of loosening powers to local level, will also speak for the Government on the Localism Bill.

[Lord Wallace of Saltaire]

I deeply regret having to tell the noble Baroness that I shall not be speaking on the Localism Bill. I think that, for the time being, the EU Bill and the police Bill are sufficient for me—although I do occasionally miss the House on the one day a week that I am not here on my feet.

The Government’s general approach on the issue is that where possible we should reduce the level of the detailed oversight that the Secretary of State has on the operation of local policing. For example, police and crime commissioners will be subject to a general duty regularly to consult and involve the public. That is in the Bill. However, the Government take the view that it is not appropriate for the Secretary of State to prescribe how this should be interpreted at a local level. Where possible, necessarily, one has to look back through previous Acts and consider how far they need to be amended in the light of the new procedures. However, I should note that Clause 80, with its reference to efficiency and effectiveness, mirrors Section 36 of the Police Act 1996. We are not introducing new language; we are amending, but continuing, language from previous Acts. This therefore imposes an identical duty on the Secretary of State in relation to the way she exercises the powers conferred by that Act, but I am sure that noble Lords will understand that there are a number of previous Acts that have to be amended or adjusted in the light of the new provisions in the Bill.

Amendments 225A and 226 require the Secretary of State to use the powers conferred by Part 1 to safeguard public safety and security in addition, but the crucial considerations of public safety and security are already provided for, where necessary, in the provisions that contain the individual powers covered by Clause 80. For example, the strategic policing requirement under Clause 79 sets out national threats, which include any threat to national security or public safety. Clause 22 allows the Secretary of State to intervene where force budgets are set too low, but she can do so only where it is necessary to prevent public safety being put at risk. The power under Clause 93 is not a public safety matter since it simply enables the Secretary of State to receive criminal data and information from chief constables. Some of the clauses, particularly Clause 93, set out a number of requirements by the Secretary of State on local authorities and local elected police bodies.

The new accountability structures allow individual police and crime commissioners to decide for themselves how to carry out their duties in the light of local circumstances. That is the purpose of this Bill. They leave it to the public, not central government, to assess the performance of commissioners in detail. To that end, the Bill requires the commissioner to provide information to the public to help local people assess how their force is performing. That is set out in Clause 11. The police and crime panel provides additional scrutiny of the commissioner from the local perspective. The commissioner must attend the public meeting to present an annual report on the progress that has been made in meeting the objectives in the police and crime plan and must answer the police and crime panel on the report. That is required by Clause 12.

--- Later in debate ---

[Baroness Farrington of Ribbleton]

My Lords, I hope that the Minister on this occasion—and I mean no offence to the noble Baroness, Lady Browning—will also quote what Professor John Stewart has to say about this idea. I agree totally with my noble friend Lord Harris about the confidence of the public in someone who has been elected. I also speak as somebody who was a member of a county council when an allegation was made about a chief constable and the chair of the police authority. Nobody knew where the ends of that ball of string would end up, and it is conceivable that somebody who was later drawn into the same allegation of corruption would have been the natural person to have been appointed instead. Flexibility has to be there because of the danger. It is not always clear at the beginning that it will go in a direction that involves members of staff.

The other points I put as questions to the Minister. I am a person who can see the potential for conspiracy, having been in politics so long, but it is possible that somebody would step aside with a spurious excuse in order that a member of their staff could act for a period of time and then stand for election themselves. You could see a situation in which the person concerned who had been elected was not aware of that. The Minister is looking puzzled, but it is quite possible that there could be collusion about the possibility of one individual appointing another individual into a post in their stead. That could lead to a form of nepotism, and that worries me unduly.

I come back to the point made by my noble friend Lord Harris. I do not think that the public can possibly have confidence in the system that is being proposed here.

[Lord Wallace of Saltaire]

My Lords, I am very sorry that the noble Lord, Lord Hunt, feels that the Government are not willing to listen. The Government have indeed just sent out a number of invitations to meetings in between Committee and Report. I understand that he is unable to come to the consultations to which he has been invited.

--- Later in debate ---

[Lord Wallace of Saltaire]

This is precisely the question of how the process of scrutiny holds people to account. Public meetings are absolutely part of that, but we clearly need to continue that discussion. It is indeed the purpose and design of this Bill that ultimate accountability for the key tenets of this reform agenda remain with the elected individual. That is, after all, the Bill’s underlying objective. It is also why the Government resist the proposals that a PCC could delegate to his or her operationally independent chief constable, or to others, the task of justifying the political decisions of the office of police and crime commissioner. We accept that there are instances where a PCC will be required to work with others to achieve their political and strategic intents, but we suggest that this should be through collaboration rather than simple delegation. We recognise, of course, that there is a clear need for effective checks and balances. I have already undertaken to the House to ensure that these are properly considered and will be further discussed.

On Amendment 211ZB, on which a number of noble Lords have intervened, the Government’s original proposition for the case in which an elected PCC was incapacitated was to secure an assurance that their plan and strategy would be impartially delivered while they were not in a position to provide the necessary oversight. Much as the Civil Service provide to the Government of the day, it was this Government’s intention to secure a similar degree of impartiality by looking to the head of paid staff to act as a day-to-day caretaker for the police and crime commissioner of their plan, while the police and crime panel would be utilised to provide effective and constructive support and scrutiny of the delivery of that plan.

[Baroness Farrington of Ribbleton]

I am trying hard to think of a similar set of circumstances in which someone who is elected and holding an office—for example, as Secretary of State—is temporarily out of action. They may have a team of people who help and advise them. In this case, there are two Ministers in your Lordships’ Chamber. I cannot think of a politician or member of the public who would accept the Permanent Secretary stepping into their roles temporarily, although I can think of some Permanent Secretaries who may have wished to do so.

[Lord Wallace of Saltaire]

Perhaps the noble Baroness will be kind enough to name names outside the Chamber afterwards. I accept the criticism; we are indeed debating acceptable models. The noble Lord, Lord Harris, asked whether one should perhaps elect a deputy commissioner, with all the questions that then follow. What does the deputy commissioner do while she or he is waiting around in the hope that the police and crime commissioner will fall ill at some stage, possibly slipping arsenic into their tea at the same time? There are a range of issues that need to be debated there. The model of having someone from the police and crime panel as an alternative also has advantages and disadvantages; it threatens the possibility that there would be a different sort of competition. We recognise that none of these models is ideal. I assure your Lordships that we will look at these amendments and will ensure that they are considered by my colleagues in the Home Office.

Police Reform and Social Responsibility Bill

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Wednesday 18th May 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I begin by apologising profusely to the noble Lord, Lord Harris, because I had temporarily forgotten that paragraph 233 of Schedule 16 to the Bill clearly spells out that PCCs will be subject to the Audit Commission Act 1998, so that is part of the definition of “external audit”. I am sure that the noble Lord has already noticed that.

Many of us have been recollecting policing problems of years past. The noble Baroness, Lady Farrington, led me to have a flashback to when I was a university teacher in Manchester and used occasionally to lecture at the Lancashire police training college in Preston. The chief constable of Lancashire, as I remember him in 1969, was more politically incorrect in his language than would be acceptable for a police constable nowadays. That is part of the transformation in policing since then.

[Baroness Farrington of Ribbleton]

My Lords, the noble Lord may have forgotten that there was a slight cloud when that chief constable left the service. Since then, we have been served by a plethora of superb chief constables who would not have said a word that would have offended the most politically correct Member of your Lordships' House.

[Lord Wallace of Saltaire]

I am glad that that is all part of the improvement in policing.

The Government will reflect on this debate and the sentiment behind the amendment. As the noble Baroness, Lady Henig, said, the issue is what needs to be spelt out in the Bill. The amendment seeks for police and crime commissioners to consult local authorities in the police area before issuing or varying the police and crime plan, and to send a copy of the annual report to local authorities in the police area.

When I saw these amendments, I thought of my own limited knowledge of local authorities, local communities and the police. Clause 14 lays a requirement on the police and crime commissioners to obtain the views of the community on policing. It seems to me self-evident how they move forward. I have often attended the Shipley neighbourhood forum where local councillors and various people from the local community, including the likes of me, and local police officers talk about the problems of those communities. I should add that shed crime is a real problem in Saltaire. My allotment shed has been broken into twice in the past nine months. We are much concerned about it, although I am sure the police will not find the offenders. Stealing stone from walls and pavements is also a major problem in Saltaire, and as a World Heritage Site that really matters to us. However, more serious crime is not an immediate concern.

Neighbourhood forums and community safety partnerships are part of what brings local authorities together with others concerned with safety and order in their districts. My wife and I spent Friday afternoon at the Drugs and Offender Management Unit in Leeds, which is part of the Safer Leeds partnership. This is very much part of what we have all learnt to do, and I pay tribute to the previous Government for their efforts to build community safety partnerships and to encourage neighbourhood forums. Therefore, I start from the assumption that a police commissioner will naturally go first and regularly to those bodies when he or she is consulting the local community.

Fixed-term Parliaments Bill

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Tuesday 15th March 2011 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, my noble friend’s point goes to the heart of whether one should have a fixed-term Parliament, bearing in mind that no Parliament can bind its successor. We debated the arguments for fixed-term Parliaments at Second Reading. I believe that they would ensure that Governments were able to plan, as indeed could Parliament, for a fixed period, and that they would not allow a Prime Minister of the day to seek an opportune moment to go to the country earlier than the full length of a Parliament for partisan reasons. This is an advance on what we have at the moment.

The point I am making is that if the Bill becomes law as it currently stands, the Prime Minister’s hands will be tied. If he saw an advantage some time in the spring of 2014, it would not be possible for him to cut and run because, if the Bill was on the statute book, he would not be allowed to do so. The fact that the Bill ensures that Parliament cannot otherwise be dissolved means, as the noble Lord, Lord Hennessy, remarked at Second Reading, that the Prime Minister has given up an important power.

We could debate whether the electorate have been denied as many chances to go to the polls as otherwise. The crude arithmetical approach—I do not mean crude in a pejorative way—adopted by the noble Lord, Lord Grocott, did not take into account that in no case since 1945 would any circumstances have arisen that would have triggered the mechanisms for early Dissolution or an early election under Clause 2; he assumes that that would never have happened. However, if one looks at history, it may well have happened in 1951 when there was a consensus between the parties that an election was needed. It may well have happened in February 1974. I know that my noble friend Lord Cormack thinks that the then Prime Minister, Mr Edward Heath, was wrong—and, indeed, as the electorate pointed out, he probably was—but there may well have been circumstances then in which it was felt that the Government of the day, and, one assumes, the Opposition, would not have stood in the way of an election, and that could have triggered Dissolution. It may well be that, as a result of that election in 1974, when there was no working majority for any party, another election may again have been agreed.

The point I am trying to make is that you cannot simply indicate that every Parliament would have gone the full five years since 1945 because there may well have been circumstances during these years that would have triggered an election. That is the whole point of the provision of trigger mechanisms, which no doubt the Committee will debate in due course. With issues such as no-confidence Motions and their wording, there is plenty of material and meat for debate.

My noble friend Lord Onslow, in his response to my noble friend Lord Marks, asked whether the Bill would extend the lifetime of this Parliament. My noble friend Lord Marks was right to say that it has the potential, if the power is used, to extend the date by two months in certain agreed circumstances, such as the foot and mouth outbreak in 2001. However, it is important to put on record that the general election last year took place on 6 May and that the first meeting of the new Parliament took place on 18 May; therefore this Parliament can continue until 18 May 2015. The latest date on which an election could be held is 11 June 2015, so stipulating the date of 7 May 2015 does not extend the life of this Parliament. The power is there to be used in exceptional circumstances and is subject to the votes of both Houses, and that is why the Parliament Act would not apply.

The amendment invites the Government to hold a referendum on whether the general election should be held in May 2014 or May 2015, although it makes no provision for the result of a referendum to be reflected in the length of a fixed-term Parliament after that general election. I think we get the spirit of what the noble Lord, Lord Grocott, is moving. My reaction is similar to that of my noble friend Lord Brooke; I am not sure what the public will make of being invited to choose the date of the next general election. I suspect that they would consider that as one trip to the polling station that they did not need to make.

The noble Lord, Lord Grocott, asked my noble friend Lord McNally which issues would be submitted to a referendum, and my noble friend replied:

“the Government believe that Parliament should judge which issues are the subject of a national referendum”.—[Official Report, 24/1/11; col. 671.]

Indeed, it will be possible for Parliament to make that judgment on any legislation.

As to the referendum on the alternative vote, let me try to put into context where we are. I do not make any bones about the fact that in the aftermath of the last general election, when quite clearly no party had an overall majority, there were coalition negotiations in which we tried to seek agreement. This has put in place a Government who are doing things of which my noble friend Lord Onslow heartily approves. I have been involved in coalitions in devolved Administrations, and there is inevitably an element of give and take and compromise in the negotiations. It is quite clear that the Conservatives did not support electoral reform in the shape of the alternative vote, and I do not shy away from the fact that some movement was required on that if there was ever going to be a coalition that would address the immediate economic crisis facing the country. There was therefore an agreement that there should be a referendum on the alternative vote, a policy that had been in the Labour Party’s manifesto. The Conservatives did not espouse a policy for fixed-term Parliaments, but they were prepared to accept it as a part of a coalition agreement because the Liberal Democrats were prepared to accept many other things. This has subsequently laid the foundations to get us out of the economic and fiscal mess bequeathed to the Government.

Both the Labour Party and the Liberal Democrats had a commitment to a fixed-term Parliament in their manifestos, although neither of them said what the period would be—certainly the Liberal Democrats did not say so. We had party policy papers from the past, but we did not say four years in our manifesto. Crucially, neither party said that there would be a referendum on that commitment. Contrast that with the Conservative Party, which indicated that it wanted referendums on British membership of the European Union and ceding further powers to Brussels.

[Baroness Farrington of Ribbleton]

The Minister is very careful in his choice of words. Can he assist me? What should I say in the referendum campaign to people who ask me whether there will be the same AV system for voting for Members of the House of Lords? If it is not to be the same, what should I say to people who ask me why we should not have the same system for the House of Lords? The fundamental flaw in the Government’s policy is not the options that they choose on an individual issue, but that when they all come together they begin to look like a committee trying to design something but not knowing how many legs it has or whether it has two heads.

Police: Expenditure Cuts

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Tuesday 15th March 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, we all face a structural problem that the media and many of the public want higher quality public services and lower taxes. The call from the Labour Party for cuts in VAT, rather than to talk about how we pay for what we need in maintaining public services, is a good example of that.

[Baroness Farrington of Ribbleton]

My Lords, would the Minister care to answer the specific question about money being spent on implementing a policy which to my knowledge his party never voted for—single police chief commissioners? I declare my interest as having served for 20 years as a member of a police authority. Responsible chief constables are saying that to achieve savings of the magnitude needed, even if we accepted that they should be made, requires lead-in time. Rather than have these phoney elections, which will have to be backed up by panels to represent the whole community in the police authority, as the Government have accepted, would it not be better to spend the money on that? I have not met a single senior police officer whose priorities would be different from mine.

[Lord Wallace of Saltaire]

My Lords, I am deeply surprised that the noble Baroness was not aware of the 2006 Liberal Democrat party paper on public service reform, which did indeed raise the question of directly elected police commissioners, so it is not entirely new to our party. I understand that the Labour Party is proposing instead that one should have directly elected chairs of police authorities. I cannot quite get my head around how different that is from what we are proposing.

Telephone Hacking

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Tuesday 1st March 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, this is one of a number of questionable practices used by members of the press in obtaining information. When I spoke to the Information Office yesterday, the information officer told me that blagging is as important a problem as hacking. “Blagging” means receiving information through deception but not necessarily by hacking phones. I will read the relevant clause 10 of the Press Complaints Commission’s Editors’ Code of Practice:

“The press must not seek to obtain or publish material acquired by using hidden cameras or clandestine listening devices; or by intercepting private or mobile telephone calls, messages or emails; or by the unauthorised removal of documents”.

That is very much what the current Press Complaints Commission inquiry, which has a majority of lay members, intends to look at.

[Baroness Farrington of Ribbleton]

My Lords, will the Minister accept it from me that, when I occupied the Benches on which he now sits, what I dreaded most were Starred Questions? That is because one is answerable for the whole Government, not merely the brief on which the Question rests. Will he give me an assurance that in future all Members on the government Front Bench will abide by that convention?

[Lord Wallace of Saltaire]

I stand corrected. I had a member of the DCMS brief me on this Question yesterday. However, moving over to the BSkyB issue is a little wide, even for this Question.

Police: Crime Rates

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Wednesday 19th January 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the Government are working very closely with ACPO and with the National Police Improvement Agency on managing the transition for the wind-down of the FSS. That includes identifying whether there are any needs that cannot be provided by the forensic market.

[Baroness Farrington of Ribbleton]

My Lords, will the Minister comment on the fact that in my experience—this is shared by police officers, police authorities and members of the public—although Surrey Police may be able to make the cuts at the speed that this Government want, other police forces will not be able to do so. Would not the general public prefer to see more police officers on the street than the costly introduction of police commissioners?

Sexual Assault Referral Centres

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Thursday 25th November 2010 Lords Chamber

[Lord Wallace of Saltaire]

I am very happy to consult further on that.

[Baroness Farrington of Ribbleton]

My Lords, how will the Government ensure the continuation of funding for existing centres given the very large reductions in both police and local authority budgets within the area where many of the services are supported?

[Lord Wallace of Saltaire]

The noble Baroness is aware that we are in difficult circumstances. We are giving every encouragement for all these local services to be continued. They are not cheap. The three SARCs operated within London cost £4 million between them. The excellent centre in Manchester costs £1 million. Most of them are partnerships between the police and local PCTs and are paid roughly 50 per cent by each.

Free Schools Policy

Debate between Lord Wallace of Saltaire and Baroness Farrington of Ribbleton

Monday 21st June 2010 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, there is time.

[Baroness Farrington of Ribbleton]

My Lords, I welcome the Minister to his post. Can he be more specific on the issue of the creation of surplus places by the development of one of these free schools? I still bear the scars from dealing—in Lancashire County Council many years ago—with the issue of surplus places. It is no good saying that there will be the same per capita per pupil for existing schools, because if there are surplus places, the per capita will have to go up to protect the curriculum.

Can the Minister also be a little more forthcoming about the relationship between the teachers, who he says have very good motives in setting up these schools, and potential conflicts with parents? Major parts of special educational needs in our schools are to do with behavioural problems. In my long experience of governing bodies where parents served, the parents would quite frequently wish to exclude the children with behavioural problems. This could totally wipe out the aims of the teachers whom he has described.