Elections Bill

Debate between Lord Wallace of Saltaire and Baroness Meacher

Lords Hansard - Part 1 & Committee stage
Thursday 17th March 2022 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, I will speak on whether Clause 25 should stand part, which is grouped with these amendments in an attempt to improve Clause 25. I will begin with some remarks about Part 4 as we have so far examined it.

I came away from Tuesday’s Committee much more worried about the coherence of this Bill than I had been until then. We learned that Clause 18 is there primarily to reverse the court’s judgment in the Thanet election case, although the noble Baroness, Lady Scott, in her reply, attempted to persuade us that it does not really change the law; in which case, the clause is not necessary. We learned that Clause 22 was entirely about the threat to our electoral system posed by a body called Advance Together, which, on examination, fought five seats in the 2019 election and gained in total just over 400 votes. We did not learn the purpose of Clause 24. Indeed, after the Minister’s explanation, I and others were more puzzled about the purpose of this clause than we had been before we started, and worried as to whether there is some underhand objective that we have not yet uncovered.

When reading through Section 88 of PPERA last night, which defines “recognised third parties”, I could find no reference to unincorporated associations as recognised third parties. Can the Minister or his staff kindly inform me before Report whether the inclusion of unincorporated associations in Clause 24 is intended to bring these bodies within this category for the first time or whether they were already covered in existing legislation? I also found in the briefing a reference to permitting only overseas-based unincorporated associations consisting entirely of UK citizens, which is not the wording in the Government’s text.

The Minister gave us to believe that the small group of former Liberal Democrats who formed Advance Together, and then merged it into Renew, represented a major threat to the UK, but that foreign money and foreign interference, most evidently from Russia, do not present any serious threat. The Minister suggested that the paragraphs in the ISC’s Russia report and elsewhere that flag up the seriousness of that threat are little more than “innuendo”. It is astonishing that he can suggest that Russian interference should not be a serious concern to us as we consider this Bill—at this point above all.

Now we have Clause 25, which gives full power to the Secretary of State to add or remove descriptions of third parties from the approved list. I am grateful to the Minister for offering us a government amendment to delete the power to

“make such amendments of this Part as the Secretary of State considers appropriate”,

but this is only because the Government consider that PPERA already provides sufficient authority. As I wade through sections of PPERA to understand the provisions of this Bill, with the occasional reference to the earlier Representation of the People Act, I am repeatedly reminded of the CSPL’s declaration in its report on election finance that there is an “unarguable” case in favour of consolidating and simplifying electoral law.

The Minister must recognise, as he struggles to explain and justify this Bill clause by clause, that it totally fails to consolidate or simplify. The Electoral Commission’s briefing for Second Reading stated, accurately, that the changes in Part 4, including these clauses,

“would add new requirements to laws which many campaigners have said are already complex and hard to understand. The added complexity of these changes could deter some from campaigning at elections ... Voters could therefore ... hear from a narrower range of sources.”

It therefore falls to the Minister to justify the inclusion of Clause 25 and the powers that it gives to the Secretary State, and to explain, as we keep asking, what problem it is intended to resolve. If he cannot persuade us that it is necessary, we shall ask for it to be removed.

[Baroness Meacher (CB)]

My Lords, I support the intention to oppose Clause 25 standing part of the Bill, tabled by the noble Lord, Lord Wallace. In so doing, I also support Amendments 41 and 42, tabled by the noble Lord, Lord Collins of Highbury.

Clause 25 introduces significant delegation of powers in relation to Clause 24, as the noble Lord, Lord Wallace, has indicated. We understood from the Minister last week that the purpose of Clause 24 is to protect the country from electioneering by overseas organisations. I am quite happy to support the Government in that purpose. However, the Minister was unable to assure the Committee last week that non-charitable civil society organisations in this country would remain outside the scope of Clause 24 and therefore also, importantly, of Clause 25. I hope that the Minister can clarify this significant point in his summing up.

I do not want to repeat my concerns about Clauses 24 and 25, which I expressed last Thursday, so will focus solely on the delegated powers in Clause 25, and in so doing declare my interest as a member of the Delegated Powers and Regulatory Reform Committee.

It is concerning that, in Clause 25, the Government have provided wide-ranging powers for Ministers to amend Section 88 of the Political Parties, Elections and Referendums Act 2000 to which Clause 24 applies. In a sense, it feels a little unnatural to be talking about Clause 25 when these two clauses are so very closely aligned and intertwined. The Government need a very good reason to introduce Henry VIII powers under which a Minister can amend an Act of Parliament.

I want to focus on Clause 25(1)(b) in that respect. I am sure that the Minister is aware that the DPRRC has particular concerns about this paragraph, which relates to the list of third-party organisations that can exceed the spending limits contained in Section 94 of PPERA. He may also be aware that, in its memorandum to the DPRRC, the department admits that preventing other categories of third party being able to campaign has the potential to impinge on freedom of expression under Article 10 of the ECHR and the right to enjoy a free election under Article 3 of the first protocol of the convention. The department has argued that it is important that, if a legitimate category of third party emerges, it can be added quickly to the legitimate categories to ensure that these restrictions on campaigning remain proportionate and no more extensive than is necessary to meet the aim of preventing campaigning by those with no genuine stake in the UK. As I said, I understand that objective, but this clause seems to go much wider and, with the delegated powers in Clause 25, we have no idea where it may go. The DPRRC is clear that the Minister needs to explain the need for Ministers to have Henry VIII powers to remove third parties. If Ministers are unable to provide a satisfactory explanation, these powers are inappropriate. That is the view of the DPRRC, not my view—I am simply a member.

I have brought this issue to the Floor of the Committee because if the Minister can explain the need for these Henry VIII powers in Clause 25 it may help noble Lords when deciding whether to bring back this issue on Report. I hope the Minister will be able to assure us that organisations based in the UK and which are not controlled from overseas will be clearly excluded by the Bill from Clauses 24 and Clause 25, thus taking fully into account the concerns of the DPRRC.

Deregulation Bill

Debate between Lord Wallace of Saltaire and Baroness Meacher

Thursday 5th February 2015 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, I suppose that I should declare an interest: my son has lived and worked in the United States for seven years and his American wife is a qualified children’s social worker. She has worked in Boston and is currently working in Chicago, so I have learnt a certain amount about the Massachusetts and Illinois systems of privatised provision of child protection. I am not completely unaware of some of the delicacies in this area. I am of course also acutely aware of the sensitivity of the issue of child protection in British political debate at present.

I thank the noble Baronesses for raising this issue and for coming in to discuss further with my noble friend and officials some of the underlying issues at stake. I am well aware that the College of Social Work has strong views on this, although as I understand it the area of social work is not entirely of one mind in how far one needs registration as well as inspection. The questions of registration and inspection are related but not identical. The system of delegation is purely permissive. Local authorities may continue to provide their own services or, as the noble Baroness suggested, delegate to third sector providers or commercial providers in the field. Some do so; many others continue to provide their own direct services. The removal of registration does not mean the removal of inspection.

[Baroness Meacher]

I thank the Minister for giving way. I understand that a number of local authorities are being instructed to delegate out these services. Is that correct or not? It is what I have been told.

[Lord Wallace of Saltaire]

I am informed that it is not correct. I certainly have no knowledge of it, but my noble friend Lord Nash assures me that it is not the case, so we are not in that area.

We have an active system of inspection. It is local authorities which are accountable for ensuring that when contracts are signed in this form, the provider is a credible and qualified provider. Having said that, Ofsted is the inspector of such arrangements and it keeps a very active role in watching what happens, receiving reports and then coming in to inspect when reports are provided of inadequate care or the accidents which sadly, as we all know, eventually and occasionally happen. Ofsted shares the Government’s view that registration adds little value and that, in many ways, it risks confusion in the system as to where accountability lies.

It is the Government’s view that accountability lies with local authorities and that Ofsted, for the Government, provides the continuing process of inspection. There are of course issues about the level of risk and the level of burdens in the system.

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, the Government will naturally review the relatively recent arrangements that have been put in place. That of course will be for our successors, whoever they may be in a matter of months’ time, but I assure the noble Baroness that all Governments and Secretaries of State are well aware of the risk factor involved in all this; it is an area that any Government have to pay active attention to.

[Baroness Meacher]

My Lords, I thank the Minister for his reply. I thank my colleagues, my noble friends Lady Donaghy, Lady Howarth and Lady Jones, for their persuasive and powerful contributions—and indeed the noble Lord, Lord Reid.

The fact is, as we have made clear, that there are major risks in pushing ahead with these delegated services without a proper risk assessment. I am grateful that the Minister assures us that there will be a review of these delegated services; it would be good to have in writing some information about when such a review will occur and the nature and detail of it, because that is fundamentally important. The reality is that we do not feel assured that local authorities will be able adequately to quality-assure all the organisations out there undertaking these sorts of child protection and other related functions; it is just unsafe. Therefore, a review—frankly, I would call it a risk assessment—is fundamental and, hopefully, any Government in power after May will be able to respond appropriately to that. Even at this very late hour, I have to say that I want to test the opinion of the House on this matter because of its gravity.

Gaza

Debate between Lord Wallace of Saltaire and Baroness Meacher

Monday 14th July 2014 Lords Chamber

[Baroness Meacher (CB)]

My Lords, the Statement recognises the grotesque—

[Lord Wallace of Saltaire (LD)]

I am afraid that we are past 20 minutes and we are out of time.