Recall of MPs Bill

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Monday 2nd March 2015 Lords Chamber

[Lord Wallace of Saltaire]

I also give way to the noble Lord, Lord Campbell-Savours.

[Lord Campbell-Savours]

Can I clarify the position and go back to what I was asking? What is the Government’s position on voting in that committee in the event that it were to proceed to implement the increased lay membership, to which the Minister referred?

[Lord Wallace of Saltaire]

I am trying to be as helpful as I can on a very recently published Standards Committee report. I remind the House of some of the history. When the Kelly report from the Committee on Standards in Public Life in 2009 recommended that there should be lay members on the Standards Committee, the recommendation was accepted in principle and referred to the Procedure Committee. That committee, in line with parliamentary precedent, reported that, while there was a long history of non-voting lay committee members, there was also a long-established precedent that only Members of the House could vote. The Government do not see any reason why we should override that long-standing precedent.

To add a further dimension on the complexity of the constitutional issues with which we are dealing, the Joint Committee on Parliamentary Privilege in June 2013 advised very clearly against legislating on the lay membership of the committee. To do so would risk bringing the operation of parliamentary privilege, as it currently applies to the standards and other committees, into question. The membership and operation of the Standards Committee is a matter for the House of Commons and the provisions in the Bill have been designed in such a way as to fit in with its disciplinary arrangements, however they are constituted. The second recall trigger would work in exactly the same way whether there were three, seven, 10 or 15 lay members on the Standards Committee, so it would not be justified to stop the second trigger from operating unless the number of lay members was increased.

The Standards Committee report also specifically says:

“The Committee has said that it will work to implement whatever Parliament decides on recall”.

Whether or not the other place decides to act on the Standards Committee’s recommendations—and, as I have said, the Government certainly see no reason why it should not in respect of the lay members of that committee—the committee’s essential role in holding MPs to account for their conduct will remain unchanged.

The noble Lord, Lord Tyler, asked me to guarantee in the remaining short weeks of this Parliament that the Commons will reach that decision before Parliament is dissolved. I am unable, standing here, to give any such absolute guarantee, but I will certainly take that back to my colleagues in the other place and make the point.

Having given as warm assurances as I can to this House, I hope that enables the two noble Lords to withdraw their amendments.

[Lord Campbell-Savours]

My Lords, I am indebted to the Minister because he has made the position clear. We now know that the Government do not support the Standards Committee’s lay membership being given the right to vote, which brings me right back to my Amendment 6 which I moved on Report, which I now believe is a real option. I was also against the lay membership being given the right to vote informal proceedings, which was what I was trying to flush out, because it makes my amendment more sensible.

All I would like from the Minister is an assurance that the debate that took place on Report, and if I might modestly say in particular the proposal in my amendment, will be considered by the appropriate authorities. I would ask those who are charged with reading these matters in the other place, as invariably they do when we deal in this place with House of Commons business, to read the debate and consider that amendment. I think that my proposal was a very reasonable way to proceed. It would ensure that the lay membership really felt they were making a contribution and it would not take us down road concerning the issue of parliamentary privilege, which my noble friend Lord Howarth of Newport was essentially alluding to. On that basis I beg leave to withdraw my amendment.

Recall of MPs Bill

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Tuesday 10th February 2015 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, this debate has ranged very widely. I thank the noble Lord, Lord Campbell-Savours, for raising the Bill of Rights. I was thinking about it last week when looking at Magna Carta and how these various things pull together. The British constitution has parliamentary privilege as one of its core elements, and we recognise that in this Bill we are walking a delicate line between the maintenance of parliamentary privilege and the inclusion of a greater degree of popular sovereignty alongside parliamentary sovereignty. It is a delicate balance that we all wish to maintain.

Perhaps I may say what a pleasure it is to see the noble Lord, Lord Campbell-Savours, again. He told me in the corridor that he had been lying in his hospital bed at two o’clock in the morning watching Lords debates on his iPad. What he did not tell me was whether they kept him awake or provided him with a cure for insomnia.

As I understand the Standards Committee report, which I have not had a chance to read in full yet, it takes us rather closer towards the model which the noble Lord, Lord Campbell-Savours, would like than we have been before. It is a progression to move from a lay minority to an equal proportion of lay members and MPs, which is probably what the noble Lord, Lord Campbell-Savours, would regard as moving in the right direction. It is a progression but not a reversal; it is not a radical overhaul of the entire Bill.

[Lord Campbell-Savours]

The report does not suggest that they should have a vote.

[Lord Wallace of Saltaire]

Page 6 of the report states:

“We believe self-regulation, with external input, is the appropriate system”.

As someone who recognises that parliamentary privilege is not something we wish to throw out of the window, I agree strongly with that sentiment.

We have also touched on the question of how far we restore popular trust in Parliament and the political system, or indeed how far any of us can ever restore trust in Parliament or our political system. I think we all recognise that this Bill is intended to assist in that process, but none of us has any illusion that it will solve the problem. It is much broader than that.

The noble Lord, Lord Alton, asked whether the process of amending Motions to report recommendations to the Standards Committee on the Floor of the other House will continue. That is a matter for the other place. It is a matter of its procedures into which the Bill and this House will not wish to intrude. In introducing the amendments, my noble friend Lord Tyler said that this quite radical proposal would remove two of the three triggers, thus radically changing the basis of the Bill, which has been through the scrutiny of the other House and a good deal of other scrutiny besides. I thank my noble friend for the very constructive conversation we have had since Committee and for his active engagement in discussions about the most appropriate triggers for recall petitions.

The Government considered a number of options and came to the conclusion that a custodial sentence was one of the appropriate levels for a trigger. It is of course difficult to know exactly what line one wishes to draw, but we have concerns, which have been expressed by a number of noble Lords in this debate, that lowering the threshold to include all convictions would risk MPs having to face recall in circumstances where it was not appropriate: for example, for minor traffic offences or for offences of strict liability where no criminal intention needed to be proven. The Government’s intention for the Bill is that the recall process should be there as a safeguard which does not, we hope, need to be used very often in an atmosphere of generally good behaviour. My noble friend Lord Tyler’s amendments might well lead to recall becoming a quite frequent procedure, one which a very large number of people would not regard as justified.

I understand my noble friend is concerned that the second trigger for recall petitions relies on recommendations of the Standards Committee, and he is doubtful about that. We all recognise many of these problems, but we do not see his solution of removing two of the three triggers from the Bill as being the answer. I understand my noble friend’s concern about politicising the Standards Committee and also about MPs themselves being involved in the triggering of recall. However, I do not think the answer is to take away from a constituent the ability to recall their MP for wrongdoing that might be serious enough for them to question whether they want their MP to represent them. Collapsing the three triggers into one would drive a coach and horses through the Bill.

This brings me to Amendment 6, tabled by the noble Lord, Lord Campbell-Savours, which would add to the definition of the Standards Committee in Clause 1. I simply say that we will consider the Standards Committee report and whether there needs to be anything in the Bill that relates to the report or whether, on the basis that things are moving in the direction in which the noble Lord wishes, we should leave well alone and leave out matters that are not central to the Bill. We will consider that between now and Third Reading.

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[Lord Wallace of Saltaire]

My Lords, triggering the opening of a recall after a 10-day suspension rather than 20 or 21 days certainly means there is the potential for petitions to open in a wider range of circumstances. My calculation, which I hope I got correct, of what would have happened over the past 15 years during all the rumbling expenses scandal is that on a 10-day suspension trigger some seven Members of the House of Commons in 15 years would have come under it and on a 20-day suspension only two.

[Lord Campbell-Savours]

The noble Lord is missing the point of my contribution. The climate has completely changed. Do not go by what has happened in the past. Punishments, suspensions, fines or whatever in the past are irrelevant. It is about what happens in the future. That is why all these arguments about the past are totally irrelevant.

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[Lord Wallace of Saltaire]

I take on board the noble Lord’s deep concern for the strain on the members of the Standards Committee but the Standards Committee is evolving. The committee is likely to be up to the task it faces. As the noble Lord, Lord Kennedy, said in Committee, Members who have committed wrongdoings sufficiently serious to attract a suspension of 10 sitting days ought to be held to account by their constituents. That is what the other place decided and we should hesitate to suggest that it is our duty to save the other place from itself, which I think the noble Lord, Lord Campbell-Savours, is getting close to saying.

The noble Lord has expressed fears that this would politicise the Standards Committee on decisions regarding suspension and would affect its decision as to how long to suspend a Member. Of course there is always a degree of political sensitivity to the suspension of a Member of Parliament. The Standards Committee and the House of Commons have exercised their discretion in the past over the suspension of Members and I am confident that they will continue to do so effectively when looking at future cases. Members of the other place have amended the Bill so that a recall petition will open where the House of Commons has agreed to suspend an MP for 10 days or more. One of the reasons for that was the consideration of previous cases where an MP was suspended for less than 21 days but their behaviour was such that they ought to have faced recall if it had existed at the time. Since this Bill relates only to Members of the other place, we should reflect very carefully before seeking to overturn what the other place has decided. I urge the noble Lord to withdraw his amendment.

[Lord Campbell-Savours]

I have had a rather difficult few weeks. I have had all sorts of discussions with colleagues about what we should do and whether we should divide the House. Until about 10 minutes ago I was going to divide the House. Having heard the intervention from my noble friend Lord Soley appealing, even now there are those who want me to divide the House. Surely something can be done before Third Reading. Can there not be consultations with people in the Commons about what is happening? Can the noble Lord not say something to suggest a basis on which the Government could return at Third Reading? My noble friend Lady Hayter from the Front Bench is shaking her head because she is wedded to this principle, while on the Back Benches, both in the House of Commons and here, there are people who desperately want to get rid of this 10-day trigger.

Electoral Registration

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Wednesday 4th February 2015 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, it is up to all of us involved in politics and all parties to promote maximum registration between now and May. The Deputy Prime Minister went on “The Last Leg” late last Friday night—I think not a programme that most Members of this House watch, but very popular with young people. I will be talking at an event tonight with a group of young Explorer Scouts from Tower Hamlets to show our support for Scout and Scout leader work in encouraging people to vote with the Cabinet Office’s programme, Rock Enrol!

[Lord Campbell-Savours (Lab)]

My Lords, we are now told that there are 7.5 million potential voters missing from the national register. That is up on 2010 yet we have a general election within a few months. Why has that happened?

[Lord Wallace of Saltaire]

My understanding is that the adjustment between 6 million and 7.5 million from 2010 to 2012 was in line with the census. I am told by the statisticians that it represents an actual stabilisation. As I have said at this Dispatch Box many times before, the major reason why people who are not registered say that they have not registered is because they are not interested in politics and not interested in voting. I repeat that it is up to all of us to do our utmost in the next 90 days to enthuse particularly young people and those most disengaged from politics to re-engage, to register and then to vote.

Recall of MPs Bill

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Wednesday 17th December 2014 Lords Chamber

[Lord Wallace of Saltaire]

I think I hear the noble Lord considering an amendment in Committee on that question. Again, we are open to consideration on all of this.

The noble Lord, Lord Tyler, tells us that he will reintroduce into our Chamber a revised form of the amendment introduced by my honourable friends David Heath and Julian Huppert. I look forward to that with interest. I have already discussed this with him, although I have to say that, at the moment, neither I nor the Bill team is persuaded that it is a workable additional trigger in its current form.

The noble Lord, Lord Campbell-Savours, asked about the technical amendments that the Government are introducing and whether that changes the 10-day trigger. The answer is no, they do not change the 10-day trigger. These are purely technical amendments to ensure that the amendments put in in the Commons fit with the language of the Bill. If he wishes to raise the 10-day question in Committee, that is a matter for him.

[Lord Campbell-Savours]

In the light of a number of contributions today referring to the difficulties that will arise in the Standards Committee, will Ministers now consult, both privately with members of the committee and with the leadership of other political parties in the Commons, to see whether there may be a need to rethink the position that has been taken on this?

CIA: Torture

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Tuesday 16th December 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the Government set up the Gibson inquiry in July 2010. It was asked to produce an interim report when police investigations into a number of potential criminal charges were instituted in 2012. The Gibson committee’s interim report raised 27 questions for further investigation. They have been taken up by the Intelligence and Security Committee, which has now been working for a year with some additional staff on that inquiry. When that inquiry is complete, it will be for the next Government to decide whether a further judicial inquiry is necessary. On the question of Shaker Aamer, the Government are engaged at the highest levels for his release as a matter of urgency.

[Lord Campbell-Savours (Lab)]

My Lords—

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[Lord Wallace of Saltaire]

My Lords, the Geneva Convention condemns torture; that is very clearly set out in the Geneva Convention. We certainly condemn torture, and we will watch with interest the response of public opinion in the United States to the Senate committee’s report, including that within the Senate, where there are very divided opinions.

[Lord Campbell-Savours]

My Lords—

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[Lord Campbell-Savours]

My Lords, does this difficult question not take us back to the problem that stands at the heart of the operation of the Intelligence and Security Committee? A witness before that committee who does not tell the truth cannot be held in contempt of Parliament because that committee, while it is described as a committee of Parliament, is not a full Select Committee and does not enjoy parliamentary privileges.

[Lord Wallace of Saltaire]

My Lords, I take the noble Lord’s point and I encourage him to read the short 500-page executive summary of the US Senate committee’s report which has, from the summary of the summary that I have read, some rather shocking things in it. We very much hope that British officials were in no way associated with some of those actions.

Political Parties: Funding

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Wednesday 10th December 2014 Grand Committee

[Lord Wallace of Saltaire]

I wish my party had paid me. The first time I worked for my party, in the 1966 general election, when I took four weeks off from writing my PhD to be the party’s assistant press officer, I worked flat out—probably 14 to 16 hours a day for four weeks. At the end of it, Lord Byers, who was then the party’s chair, presented me with a £50 note, which I had never seen before and which in those days was a substantial sum of money. I and a friend spent a very enjoyable holiday in France on the basis of that £50 note. That is the only occasion on which I have benefited from money flowing the other way.

There is a consensus on the need to limit the impact of money on politics. There is also a particularly negative campaign from the right-wing media that we are all in politics only for the money. All I say on that is that I would encourage the noble Lord, Lord Campbell-Savours, who pursues many very effective campaigns in politics, also to campaign to ensure that those right-wing newspapers pay their full taxes in the country which they seek to defend because we all know that they do their utmost to avoid that.

The problem for all of us is that political campaigning costs money and the public, as consumers of politics, expect the parties to put leaflets through their doors, to phone them and to maintain websites, Twitter feeds and so on. When I was out in Hull two or three weeks ago, people told me on the doorstep, “How good to see you. Hardly anyone ever comes round and asks us about our political attitudes”. I was glad that we were doing it there, but in quite a lot of constituencies, no parties really manage to do that actively. We know that it does not come for free and that maintaining a basic constituency organisation requires a level of funding. Voters complain vigorously when parties do not maintain contact with them but show no willingness to help pay for those activities.

That pushes us towards the question of donors. The noble Lord, Lord Campbell-Savours, and other noble Lords asked whether all the political parties could manage on less money and depend more on volunteers—but we all face similar problems in how many volunteers we can attract. Perish the thought, but if UKIP had three or four really major donors, that might drive the three parties together to an eventual consensus on this issue.

We all know the context for this debate. The Political Parties, Elections and Referendums Act 2000 introduced some important changes in the field of party funding. It established the Electoral Commission, about which the noble Lord, Lord Kennedy, has rightly raised issues today and on previous occasions. It required political parties to register with the Electoral Commission, set down accounting requirements for parties, introduced controls on donations to parties and their members, and controlled campaign expenditure within certain periods, both for parties and third parties in national election campaigns. I stress “control periods” because I suspect that all three parties have spent a fair amount of money in the last four weeks. We are just about to start the control period for the election; that is part of the problem. The Act set down rules on the donations received and expenses incurred in election campaigns and required companies to obtain approval before making political donations. These provisions are useful and important. Political parties have to keep records of donations over £500, and donations over £7,500 have to be declared to the Electoral Commission, which publishes details every quarter of donations received by political parties. That information is published on its website and is accessible to all—so far, so good. Parties can only receive donations from permissible sources: individuals who are on the electoral register, UK-registered companies—I stress “registered” as that raises a number of questions of definition—trade unions, building societies and other bodies such as unincorporated associations and limited liability partnerships.

The Electoral Administration Act 2006 introduced further provisions on the disclosure of loans to political parties. Since these reforms, there have been continued public and media attacks on large donations and on trade union funding—to which I shall return—which have led to further reports. These include the 2004 review by the Electoral Commission, reports by Sir Hayden Phillips and the Constitutional Affairs Select Committee in 2006 and, most recently, in 2011, a report from the Committee on Standards in Public Life, which recommended, among other things, a £10,000 annual cap on donations, trade union members having to opt in to fees paid to political parties if donations are to be counted individually—I stress that was a proposal from the Committee on Standards in Public Life; it was not a partisan proposal by other political parties—and an increase in public funding.

The problem is in getting consensus among the political parties on this. We all have different interests and we all have different sources of donations. My party has proudly said on its website that when the Electoral Commission has published the number of donations to political parties, over the past three years we have received on several occasions more individual donations than the Labour Party. The problem is that we have not received half as many large corporate donations or donations from other collectivities known as trade unions, or indeed any other large donations—let alone those received by the Conservative Party. In that sense, it does us good as a democratic principle, but it does not provide us with the money we need to employ staff, work on our website and do all the other things that need to be done.

We had a further round of discussions in the light of the report of the Committee on Standards in Public Life which the Deputy Prime Minister convened in 2012-13. Seven meetings were held and the Deputy Prime Minister made one thing clear in setting out the remit, which was that in the current circumstances of a squeeze on public spending, there was no possibility of increasing state funding for political parties. After those discussions, the group failed to agree, and it is quite clear that between now and the next election we are not going to make any progress. Over the past 25 years we have established a whole set of additional funding for political parties—Short money, Cranborne money and the like—which has been very useful and has helped us to carry out our parliamentary functions and to raise the quality of our political research. However, public support for the expansion of political public funding is clearly absent at the present moment. So those talks broke down and we are stuck. We need to fund political parties and we benefit enormously from not having to pay for radio and television advertising, but politics and political campaigning cost money.

The noble Lord, Lord Campbell-Savours, raised the question of the extent to which the harsh regulation that we all suffer, including under IPSA once you are elected, discourages political recruitment and political retention. I think that that is an enormous problem and we will all need to address it once the election is out of the way and we have seen many good MPs from all parties retire rather than continue. I think that the noble Lord and I would probably agree that some of the best of the new Conservative intake are retiring after one period in Parliament, regrettably, because they really do not want to put up with the situation in which they live. That is a loss to us all in terms of democratic politics as much as those retiring from other parties.

[Lord Campbell-Savours]

I have listened very carefully to the noble Lord. Is he suggesting that there will be discussions about reform of the regime? Has he heard something that we have not heard?

[Lord Wallace of Saltaire]

My Lords, for many of us, the world in its current form ends on 8 May 2015. If anyone here knows what the shape of the new Government will be, I would love them to tell me so that I can put down a large sum with the bookmakers and donate the winnings to my political party. I have no knowledge of that. What I am saying is that awkward people like the noble Lord, Lord Campbell-Savours, should insist, as soon as they come back, that it is put back on the agenda because it is a very important question and we cannot get away from it. I therefore encourage him to continue to stir on all of this.

I am not entirely sure that I agree with the noble Lord that trade unions act as virtuous collectivities, which I think is what he was saying, with benign general secretaries representing the enlightened interests of their diverse memberships. That is not quite how I see all the general secretaries of trade unions, so there are some questions around that.

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[Lord Wallace of Saltaire]

My Lords, the coalition Government have no policy on that, so I had better not comment. I think that that covers all the issues which have been raised. I encourage the noble Lords, Lord Campbell-Savours and Lord Dykes, to continue to press this. It is an issue to which we will all have to return after the next election.

[Lord Campbell-Savours]

The Minister referred to my amendment on this question of foreign donations, over which, if I remember rightly, we defeated the Labour Government. He has given the Committee an explanation, although I did not raise the issue. Could we have a written explanation as to exactly why we have had difficulty in implementing that particular area of the law?

[Lord Wallace of Saltaire]

My Lords, I will see what can be done in that respect and, if possible, I will write to the noble Lord.

National Voter Registration Day

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Tuesday 1st July 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, online electoral registration was introduced four weeks ago. I have the figures only for the first week and we were extremely encouraged by how many people had registered. We hope that we will have the figures for the first month by next week. That is part of why we think that we have moved on from the Northern Ireland experience, in which electoral registration officers took paper forms into schools. We think that young people are much more likely to register online. The experience of 2010 suggests that the registration rate rises rapidly in the few months before a general election. It rose by 700,000 in early 2010. We expect that to happen again.

[Lord Campbell-Savours (Lab)]

My Lords, is it not a simple truth that electoral registration is a waste of public and taxpayers’ money, and that we should have dedicated expenditure to the areas where there was an abuse of the electoral system?

[Lord Wallace of Saltaire]

My Lords, I am not entirely sure that I understand that. There are a number of problems with electoral registration. We have various categories of voters, including the substantial number of people in London who are citizens of the European Union but not of the UK. I have been very impressed by the sheer difficulty of getting access to some of the dwellings that are now behind gated communities, so we must spread our effort into them. Of course we are focusing on the vulnerable categories, with which we are well familiar.

Chilcot Inquiry

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Tuesday 1st July 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, that is precisely the sort of thing that the inquiry will be looking at. I do not know how far it will go into the question of the evasion of sanctions in the period running up to war. Neither do I know whether the noble Lord, Lord Campbell-Savours, gave evidence to the inquiry; that is something else that might be covered.

The noble Lord, Lord Morgan, raised some large constitutional questions, which of course will be there. When the report is published, we will dive into it and draw what conclusions we can. The parliamentary vote on Syria was itself partly a reflection of the sense in Parliament that the Government were not entirely to be trusted on some of these issues.

[Lord Campbell-Savours]

My Lords, evidence was given on the question of sanctions. It was given by Ann Clwyd MP.

[Lord Wallace of Saltaire]

I thank the noble Lord for that. I hope that the inquiry may have touched in some detail on that issue.

The noble Lord, Lord Morgan, said in a very strong way that we need to expose and bring to justice the guilty men. This—as Sir John Chilcot has said on a number of occasions—is not a judicial inquiry; it is a historical inquiry intended to get at the evidence as far as possible. The question of guilt is one which perhaps a number of other people, such as the noble Lord, may wish to push once they have the evidence in front of them.

I hope that I have covered most of the issues. It is ungenerous to say that Sir John Chilcot could have been bullied by the Cabinet Secretary. He and his team have been remarkably robust on this.

Voting: Young People

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Monday 7th April 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, we are looking at the Northern Ireland Schools initiative that took electoral registration officers and others into schools, with forms, and that is one of the things that we will need to consider. We are also talking with teachers from the Association for Citizenship Teaching and others about how to energise students in schools and in further education colleges, to make sure that they are reminded that they have the opportunity and the duty to register to vote.

[Lord Campbell-Savours (Lab)]

My Lords, is not underregistration among young people only a symptom of the disconnect between the politicians and the people? Does not the sight of a Cabinet Minister hanging on when she should go only aggravate that condition and that disconnect?

[Lord Wallace of Saltaire]

My Lords, the noble Lord is absolutely right. We all know that there is a broader and long-term problem, which did not arise simply with this Government, of popular alienation from politics, and a sense that national politics and Westminster have little to do with the lives of young people in particular. All of us here and in the other place have a shared interest in combating that, rebuilding trust in politics, and regaining a sense of shared citizenship and political values. The Government cannot do that on their own.

Ukraine

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Tuesday 18th March 2014 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, I thank, in particular, the Opposition Front Bench for that very constructive and helpful speech. This is a take note debate, and I cannot, and would not wish to, announce the definitive policy of Her Majesty’s Government in response to the Ukraine crisis because it is still under way. As the noble Baroness, Lady Suttie, said, the important question is not where we are but where it ends. As the noble Lord, Lord Soley, wisely said, it would be naive to consider that it will stop here. There is some way to go and we have some influence over where it will end, and the Government are fully engaged in trying to bring to bear the influence that they have.

Yesterday, my right honourable friend and colleague the Foreign Secretary was at a meeting of the Foreign Affairs Council, where a number of decisions were taken. On Thursday and Friday, the Prime Minister will be at the European Council, at which a number of further decisions may be taken, and we will continue from there. We do not yet know how far President Putin will go. So far as we can see, this is very much a matter of what President Putin wants. I am not even sure that it is very valuable at present to talk to the Russian Foreign Minister—I am not sure that he always entirely knows what President Putin wants to do. Whether or not the Russians will continue to complete the annexation of Crimea within the next week is clearly one of the matters that we will have to take into consideration. We will do our best to help and will put pressure to bear so that that does not happen, but it may. Therefore, there is a great deal to play for and we will have to come back to further discussions in both Houses of Parliament and, of course, to continuing discussions with our allies and partners in the European Union and NATO and more widely within the UN. Her Majesty’s Government are extremely hard at work in co-operation with all our allies and friends.

A great deal has been said in this debate about interpretations of history—about Russian motivations, Putin’s motivation and the Russian view of their place in the world and their post-imperial angst. This country is not entirely without its post-imperial angst. The rest of the world does not always pay that much attention to us. We go into great paroxysms over why the Europeans are not nicer to us and why they do not give us what we want when we wish to have a bit of this, a bit of that and not too much of the other, but we sometimes have to accept that the rest of the world does not see the world as we wish to see it. That is also true of Russia today.

The noble Lord, Lord Howell, rightly said that what we have in Russia is a 19th-century approach to a 21st-century world—one in which it thinks that hard power is all that counts, with no truck with the soft power, on which the noble Lord, Lord Howell, is such an expert. There is an expectation of easy access to the open societies of the West without a reciprocal impact on Russian society and the Russian economy. I think it was the noble Baroness, Lady Morgan, who talked about whether Russia had a choice between integration and isolation. My understanding of one of the many themes of Russian history is that modernising efforts in Russia have always been an attempt to take the technical advances from the West without accepting the social and political implications. That was true of Peter the Great, it was true of the 19th century and I think that it is exactly true of where Putin is now. That is part of the problem. They think that they can pick and choose. Incidentally, there are those in this country who think they can pick and choose the quality of our relations with our major partners and are now discovering that they cannot. The Russians may also be discovering that they cannot, but certainly the mindset of Putin and those around him is that Russia can pick and choose and have the advantages of access to the open economy and open society of the West without allowing those influences to contaminate the autocracy of Russia.

Other countries also cherish nationalist memories and myths of their own, which we do not always wish to accommodate. After all, it was the myth that Kosovo was the birthplace of the Serbian nation that persuaded Milosevic and others to cling on to Kosovo in spite of the fact that there were no longer many Serbs living there. There are Muslims across the Middle East who believe that the reconstruction of Islamic caliphate is a vital part in reconstructing their myth of history. I dare say that the noble Lord, Lord Campbell-Savours, does not share that view. Perhaps I may say to the right reverend Prelate the Bishop of St Albans that the Russian Orthodox Church in the high point of the Tsarist Empire collaborated in the idea that Moscow had become the third Rome and, as the third Rome, was entitled to reconquer the second Rome so that Constantinople logically should belong to Russia. That is not something which we accepted and, indeed, part of why we fought the Crimean War was to prevent the Russians from expanding to take over Constantinople.

All those things are a matter of how one views history and, as we all know, there are different ways in which to view it. Crimea is Russian today; it was Tatar yesterday; it has been a matter between many different nations. As I was writing this today from my limited knowledge of Ukraine, I was thinking that, within the lifetime of the majority of Members of this House, the people of Ukraine have been through the most incredible amount of suffering, changing of boundaries and one thing after another. My colleagues in the Foreign Office have always tried to get me to read a number of different books. I have read Timothy Snyder’s Bloodlands, which is entirely about how the lands between Germany and Russia suffered from the 1930s through to the 1940s. Famine in Ukraine was followed by the German invasion and then by the Soviet counterinvasion, which left the Ukrainians deeply divided, confused and mistrustful of each other and of all government.

We are working very hard on how to respond to Russian interventions. We have suspended indefinitely preparations for the G8 meeting in Sochi in June. It would be wrong for the G8 summit to go ahead in the current circumstances. We are considering what other measures to take. Of course, we recognise that we need to continue to talk to the Russian Government and, even more, to Russian society about a whole range of issues. But normal diplomatic relations cannot continue on the privileged basis which Russia felt that it would have.

The noble Lord, Lord Campbell-Savours, said that a historical mistake is now being corrected—we could spend a lot of time talking about what historical mistakes are—and suggested that there was no evidence of force. The evidence we have is that there are now 30,000 Russian soldiers in Crimea and that the Crimean parliament’s vote on unification with Russia took place with armed troops of Russian origin in the building.

[Lord Campbell-Savours]

Is the figure of 30,000 in excess of what was possible under the agreement that existed prior to this crisis?

[Lord Wallace of Saltaire]

There is considerable evidence that a large number of Russian troops have arrived in Crimea in the past two to three weeks. My clear understanding is that it is not within the agreement. If I am wrong, I will write to the noble Lord. As a matter of interest, a number of troops, including troops from within the North Caucasus, were engaged in—one might put it gently—holding down Chechnya. We recognise that Russia’s rational interests lie in a prosperous and stable Ukraine, as a number of noble Lords have said. We also recognise that international politics is not entirely rational. The First World War would not have broken out if international politics had been entirely rational.

I say to the noble Lord, Lord Cormack, that of course the UK will do everything possible to maintain a constructive dialogue but it has to be a dialogue in which both sides listen and search for agreement on shared principles. We cannot accept that Russia has one set of principles but expects us to observe another. The noble Lord, Lord Chidgey, talked of stand-up arguments with Duma deputies. A lot of us have had that. I seem to remember having such an argument when I was leading a delegation that included the noble Lord, Lord Howell. I rather enjoyed the exchanges.

We have to tell the truth to our Russian partners and recognise that those within the elite demand the rest of the world to accept the special character of the Russian state, which we are not prepared to accept. Russian suggestions that we should move towards a federal and loose Ukraine while maintaining a centralised and authoritarian Russia are a good example of how proposals are being made that would be irrational to accept, but it is attempting to impose them.

It is deeply regretful that the current Russian regime appears to need weak and divided neighbours in order to feel secure. One worry is that a weak Crimea will join an occupied South Ossetia, Abkhazia and Transnistria and others as a means of weakening the states around Russia.

[Lord Wallace of Saltaire]

There are all sorts of questions in the noble Lord's remarks and I could respond in a number of ways, but at this time of night I hesitate to do that.

The noble Lord, Lord Trefgarne, suggested that we might have a sort of sale and lease back with the Russians. The Ukrainian constitution makes it clear that any alteration of the territory of Ukraine must be resolved by an all-Ukrainian referendum. Article 134 of the constitution sets out that the autonomous Republic of Crimea is an integral constituent part of Ukraine and can only resolve issues related to the authority within the provisions set out by the Ukrainian constitution.

One could have negotiated this. The Government consider the referendum in Crimea to be illegal because it has been rushed through under the presence of a large number of Russian troops without updating the inaccuracy of the electoral register, with OSCE observers being refused entry. It is therefore not in any way acceptable to international standards.

The UN Security Council resolution was clear and strong on all of this. I say to the noble Lord, Lord Cormack, that of course there is a role for the UN Secretary-General and the UN. The Chinese abstention was a silent acknowledgement that some fundamental principles of international law and international sovereignty are at stake in this crisis.

A number of noble Lords suggested that we have to include Russia in all future discussions with Ukraine. Of course we do. We still make every effort we can to maintain a dialogue with Russia. We continue to urge Russia not to take any further action towards annexation of Ukraine. The UK remains supportive of the EU-Ukraine Association Agreement and it is now likely that the political and foreign policy aspects of the association agreement will be signed at the meeting of the European Council this week.

[Lord Campbell-Savours]

The Minister referred to the fact that OSCE monitors have been denied access. I understand that the Russians are claiming that something like 100 international monitors went in. Is that true or are they misleading us? If it is true, do we know where those monitors came from in the world community?

[Lord Hylton]

My Lords, before the Minister replies to that, will he say something about the OSCE in the sense that it may well provide an opportunity for achieving consensus for de-escalating the situation and for the giving up of extreme positions?

Intelligence and Security Committee

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Tuesday 4th March 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I am conscious that for some time the only Member of this House on the Intelligence and Security Committee was indeed the noble Lord, Lord Foulkes, and then it expanded to two. There is no reference in the Justice and Security Act to the division of the current nine members between the two Houses. Noble Lords will be aware that yesterday Yvette Cooper made a speech on further reforms and that this morning the Deputy Prime Minister made a speech in which he suggested that we should move from the current nine members to a future membership of 11, as with other Select Committees. However, he made no specific reference to the division between the two Houses.

[Lord Campbell-Savours (Lab)]

Would not greater accountability to the ISC and Parliament be provided if the chairman of the ISC was given unrestricted access to all operational material in the agencies, with the safeguard that, where such information exceeds what is currently permissible within the law, it is provided to the wider membership of the ISC committee by the chairman only with the permission of the agency chiefs concerned? That would really increase accountability to Parliament.

[Lord Wallace of Saltaire]

My Lords, there were a number of questions about increasing the capacity of the committee. The noble Lord, Lord Foulkes, as on previous occasions, mentioned the thinness of the staff assisting the committee. That is now being strengthened. In both Ms Cooper’s speech yesterday and the Deputy Prime Minister’s speech this morning, the suggestion was made to strengthen further the size and capabilities of the staff. The question of whether the chair should be drawn from the governing party or one of the opposition parties is also out there in the open. There is nothing in the Act that says whether the chair of the committee should be a member of one party or another.

Electoral Fraud

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Thursday 6th February 2014 Lords Chamber

[Lord Campbell-Savours (Lab)]

My Lords, is it not interesting to note in the detail of the report that the Electoral Commission is finally prepared to recognise that there are high-risk areas, which it identifies and lists, which are identifiable as having ethnic minority populations, where it believes that there is a particular problem? Is it not true that if the commission had been prepared to admit that four years ago, when the legislation was introduced, we could have avoided spending tens of millions of pounds on an individual registration scheme, which is a total waste of public money, and could have targeted that resource on the areas where there is a particular problem? We are wasting public money on a scheme which is utterly ridiculous.

[Lord Wallace of Saltaire]

My Lords, I entirely disagree with the noble Lord on that. We are one of the few democracies that clings to the 19th century approach of household registration. Individual electoral registration is much more appropriate to the population we now have.

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, I am well aware of this; indeed, the noble Lord has made sure that I am well aware of it. I am conscious that the Cabinet Office owes him a letter, which is in process, in reply to his previous Question.

[Lord Campbell-Savours]

My Lords, does the Minister accept that this whole debate is riddled with political correctness? For the great majority in the United Kingdom, there is no problem whatever of electoral fraud. Why are we wasting tens of millions of pounds?

[Lord Wallace of Saltaire]

I am not quite as confident that there is no problem of electoral fraud outside the South Asian Muslim community, which I think the noble Lord was getting close to saying. As a young Liberal, I listened to many people talking about quite considerable electoral fraud among the white population during elections held in the 1940s and 1950s. I am not entirely sure that it has completely disappeared today.

Internet: Copycat Websites

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Thursday 21st November 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I spent some time on Tuesday afternoon looking at some of these sites. I confirm I had not realised—no doubt a number of noble Lords have not realised—that the first two or three sites to come up on the list are sponsored ads, which is indicated in very, very small print. In all cases, the top site of the non-sponsored ads was the gov.uk website. I also checked a number of the sponsored ads, which are extremely well designed. They all say that they are not an official website, but it is quite easy if you are in a hurry to miss that paragraph. Perhaps I should add that Transport for London also suffers from this if you are paying your congestion charge. I suspect that one or two noble Lords have paid more than they should for their congestion charge on one or two occasions.

[Lord Campbell-Savours (Lab)]

My Lords, if that be the case, what can the Government do about it?

[Lord Wallace of Saltaire]

My Lords, the Government could pay, as the noble Lord, Lord Brabazon, suggested, which perhaps would drive up the cost of sponsored ads—or perhaps they could intervene and forbid search engines from carrying sponsored ads in that place. I think that we would be hesitant to do that. The Government are in constant dialogue with Google. We look at these sites and check on the number of complaints—and after agreement with Google a number of these sites have been removed. The subtle design of them clearly is improving.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Tuesday 5th November 2013 Lords Chamber

[Lord Campbell-Savours (Lab)]

My Lords, in a sentence, I oppose the amendment. The registrar is not an officer of Parliament. If the registrar had been an officer of Parliament, I would be in favour of the amendment.

[Lord Wallace of Saltaire (LD)]

My Lords, I recognise that this amendment, like some of those we were discussing in the previous group, is concerned with reinforcing the independence of the registrar in appointment, accountability to parliamentary committees and obstacles to what might be challengeable dismissal. Let me reassure noble Lords that the Government are committed to ensuring the independence of the registrar. The registrar’s ability to operate independently is clearly essential for the successful operation of the register.

The amendment specifically concerns potential dismissal. The Government are confident that the provisions as drafted will assure the independence of the registrar without those reinforcements. We will, however, continue to listen to and explore all suggestions for reiterating and firmly establishing that independence. Having given that assurance, I urge the noble Lord to withdraw the amendment.

--- Later in debate ---

[Lord Wallace of Saltaire]

I will certainly take it away, and I am very happy to do so.

An amendment in the name of the noble Lord, Lord Campbell-Savours, would alter Clause 4 to require lobbyists to disclose the recipient of the payment for lobbying and the focus and subject of lobbying activity. The Opposition’s further amendments would require that lobbyists disclose the approximate value of spending on lobbying activity during a quarter. I suppose that I should welcome the pressure that is coming across the room for even greater transparency than we propose in the Bill; that is a splendid step forward. Under the previous Government there was some considerable resistance to this level of transparency.

We have been very clear that the objective of the register is limited, in our view, to the identification of the interests that are represented by consultant lobbying firms. Consultant lobbyists should therefore be required to disclose their clients. We are not yet persuaded that the burden that would be imposed on both the industry and the regulator of requiring further information—for example, spending and financial data—is justified by the limited insight it will provide. That sounds to me like something else we may discuss in the Corridors. However, we are not yet persuaded that that provides a proportionate approach to the problem identified. It is not necessary to require the disclosure of the subject or target due to the Government’s transparency regime, whereby Ministers’ and Permanent Secretaries’ meetings with external organisations are already declared.

I compliment the noble and learned Lord, Lord Hardie, on the detail and care with which he has prepared a large number of amendments. His new clause proposed in Amendment 81 would establish a second register—the register of lobbying activities, as he has explained—which would run in parallel to the register of lobbyists. He has tabled a number of consequential amendments with that. The register would record information both from lobbyists and from public officials in receipt of lobbying communications.

The Government are not persuaded that a register of lobbying activities is necessary, nor do we think it necessary to require that both the maker and the recipient of a lobbying communication submit a report on that activity. The noble and learned Lord’s register would duplicate existing information—that provided in government transparency reporting—and the information requirements of the register appear to duplicate each other: both the lobbyist and the recipient of the lobbying would have to report any interaction. Even the American system does not come close to imposing such onerous requirements on industry and public officials. The administrative cost of complying with such a scheme would be high, both for industry and for public bodies. The cost of regulating it could be ever more expensive—costs which would surely fall either on the industry or the public purse.

Amendment 112, in the name of the noble Lord, Lord Campbell-Savours, would provide that the subscription charge be set as a percentage of the lobbyist’s turnover. The noble Lord does not specify at what percentage the charge should be set and instead provides that the level could be set in regulations. As outlined in our impact assessment, we anticipate that the charge will be approximately £650. That figure should not prove too burdensome on any organisations that undertake professional consultant lobbying. Indeed, it compares favourably with the fee charged by the host of the industry’s voluntary register. The fee will be set to recover the full costs of the registrar’s activities—including those in relation to enforcement—and will ensure that the register is not funded by public money.

The noble Lord may be concerned that such a charge should be minimised for the smallest businesses. However, as I commented earlier, the VAT exemption is intended to exempt the smallest businesses from the requirement to register.

[Lord Campbell-Savours]

Does the Minister accept that, if the charge is going to be £650, some companies may well simply deregister and the professional lobbyists’ lists may no longer exist? In so far as those lists have more information than what is currently provided by the Bill, would that be helpful to the issue of transparency?

[Lord Wallace of Saltaire]

I think that that is unlikely, but this is obviously something on which we should perhaps consult informally with the industry, to see whether there are any serious concerns. I am not aware that there are and, as I have said, the current voluntary register is in the same league but slightly more expensive.

Amendment 113, from the Opposition, would amend the reference to the setting of the subscription charge from one that requires the Minister to seek to recover the full costs to one that would require the Minister to ensure that the charge is set so as to recover the full costs of the registrar’s activities. I recognise that it is intended to emphasise the importance of ensuring that the charge recoups completely the cost of the register, but assure the Opposition that the Government are very well aware of the importance of ensuring that the register is fully funded by the industry.

We expect that the register will cost around £200,000 a year to run and that that cost will be borne not by the taxpayer but by the lobbying industry. The register that the Opposition have suggested would cost a great deal more—possibly nearer the £3 million that it costs to operate the Canadian register. Perhaps they would like to consider how they would ensure that those costs were recovered from the much larger number of individuals and organisations that they intend to capture.

The Opposition’s Amendment 114A would remove subsection (2) from Clause 24, thereby affecting the regulation-making powers under that part. The Joint Committee on Delegated Powers and Regulatory Reform has recently published a very thorough and thoughtful report on the delegated powers included in the Bill. The Government are giving the committee’s recommendations careful consideration and will respond formally shortly.

I apologise to the noble Lord, Lord Norton, that I responded to his Amendment 115 before he had spoken to it. Rather too many meetings over the past day left me less well organised than ideally I should have been. I took him down as saying that the Government believe in transparency but not too far. I would say that the Government believe in transparency, but want to be proportionate in our approach. I fear that some of the amendments that have been floated today have suggested that we move from a situation of extremely moderate transparency to one in which there will be a very burdensome set of regulations, which would go further than we need to at this time.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Tuesday 5th November 2013 Lords Chamber

[Lord Campbell-Savours]

The Minister talks about the system he has to use. Did he listen to the contribution from the noble Lord, Lord Tyler, at Second Reading? I think it was he who recalled how very complicated the current system is, how you often have to trawl through hundreds or even thousands of documents, and that it is almost impossible for the general public to have access to that kind of material. It is just too complicated. Does he take that on board?

[Lord Wallace of Saltaire]

My Lords, I take that on board. The question of designing a system that is easily accessible to everyone, including if one has such a very large register as that which the noble Lord and some others are proposing, is one with which we all have to deal. The Government are indeed looking at making the ministerial diaries more readily and more rapidly available. At present we submit them every three months, so they are sometimes three months or more in arrears. We are aware of that problem. However, we are much more transparent than previous Governments in this respect and are, to that extent, moving forward.

Looking at the Canadian system, we are not persuaded that we need a comprehensive register in which everyone who might be said to be lobbying as a matter of their employment would be included. The Canadian system was introduced in response to a system in which it was felt that there was no information about who Ministers were meeting. We have dealt with the issue of who Ministers are meeting by other means.

--- Later in debate ---

[Lord Norton of Louth]

My Lords, before the noble and learned Lord, Lord Hardie, responds, my noble friend has really not addressed the distinction between those who do the activity and the activity itself. The Government are supposed to be trying to provide transparency about the activity, not simply listing those who may engage in it—in this case, only some who engage in it.

The noble Lord, Lord Campbell-Savours, referred to what I said at Second Reading about what is in effect an alternative to this rather clunky mechanism being proposed by the Government. What I was proposing gets fairly comprehensively at the activity of who is lobbying on each measure that the Government bring forward. The noble Lord, Lord Campbell-Savours, may wish to note that my Amendment 115 is intended to get at that. It is an alternative to what the Government are proposing and it would actually deal with that particular problem. My noble friend may wish to bear that in mind in responding to the amendments because I am not sure he has established that there is a need for this part of the Bill, certainly not compared with the alternative that I am putting forward, which actually gets at the nub of ensuring transparency of lobbying.

[Lord Campbell-Savours]

If I might add to that, particularly if there are only 350 registrations.

[Lord Wallace of Saltaire]

Organisations, I should have said.

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, I am fascinated to hear this great outbreak of revolution in transparency. We thought that we were set out on a constructive step forward on transparency. I am not sure that I want all Ministers’ and civil servants’ diaries published the day after they meet anyone, which I think is what the noble Lord, Lord Norton, was beginning to suggest.

I will try to answer the various probing amendments. A number of them, starting with Amendment 54, are about stiffening the independence of the registrar. Amendment 54 would require the Minister to consult with the Political and Constitutional Reform Committee before appointing the registrar. I am not aware whether that has yet been requested by the committee itself, but it is an interesting proposal.

The amendments of the noble and learned Lord, Lord Hardie, would prevent any person who had been a civil servant or a political adviser in the previous five years being appointed registrar. This is also thoughtful, and designed to provide assurance regarding the independence of the registrar which, of course, the Government are entirely committed to establishing and maintaining. Under the Bill, the registrar will be appointed according to the public appointment principles of open and fair competition and the Minister will be able to dismiss the registrar only where they are satisfied that there are reasonable grounds that he is unable, unwilling or unfit to perform the functions of his office. If thought unreasonable, any such decision by a Minister could be challenged in the usual way, by judicial review. The registrar will be independent of the lobbying industry and the Government, and will have a clear remit to operate independently of the lobbying industry and the Government.

The noble and learned Lord, Lord Hardie, seeks to extend the positions that will not be eligible for appointment as registrar to capture those officials who would be required to submit information to him or her under his new clause. The Government are not persuaded of the case for the noble and learned Lord’s additions, and would therefore resist this amendment.

The Government recognise the importance of ensuring that the registrar is independent. We are confident that our proposals secure that, but are grateful for these suggestions and will of course consider whether they should be pursued further.

Amendment 63 has attracted a considerable amount of support. It would require that, in addition to the statutory register of consultant lobbyists, the registrar would be required to keep and publish a central database of ministerial meetings with external organisations.

[Lord Campbell-Savours]

When the Minister responded to the amendment of my noble friend Lady Hayter of Kentish Town, I heard him say that the Government would consider the amendment; he will find that that is what he said in Hansard. If that is the case, can we be assured, then, that the chairman of that committee in the Commons will be consulted so that there can be discussion in the committee about to what extent it thinks that it is a realistic possibility for it to carry out that function, so that Ministers at least have the view of the committee when they make a judgment as to whether to accept my noble friend’s amendment?

[Lord Wallace of Saltaire]

My Lords, I am not going to give that commitment now because there are larger questions about how many public appointments should be overseen by Commons committees. That is a much broader issue than this appointment alone. I will take that back and consult with others but, as I said earlier, the Government are not currently persuaded of these amendments.

I return to the central database issue, which raises some large issues about the role of the registrar and whether or not ministerial appointments should be handed over, so to speak, for collation by an independent body associated with the Government. We have listened to those who have asked that the reports be available from one central location and have responded by migrating all meeting reports to gov.uk, where they can be readily accessed as both PDF and open-format CSV files. We have responded to those that suggested that the timeliness of reporting could be improved by committing to publishing all meeting information in the quarter immediately after that in which the meeting took place. I note the pressure to go further. The Government are committed to the principles of open government and we continue to investigate how we can further improve the value of the information that we make available to the public. However, we are not at present persuaded that we should be going as far as the noble Lord suggests.

Opposition Amendment 74 would require the registrar to submit an annual report to the PCRC on the operation of the register. Again, this is not a provision that I understand that the committee itself has sought—perhaps because it recognises that the registrar is already required by the drafting to submit their annual accounts to Parliament and that the committee will be perfectly entitled and able to call the registrar to provide evidence at any time. I would have thought that that would be enough to hold them to account.

The new clause of the noble Lord, Lord Norton, is by far the most ambitious amendment. It would require the Government to publish alongside any statement on a matter of policy, legislation or a contract or grant, records of any oral or written communication directed to a Minister, the Minister’s parliamentary private secretary or special adviser, and any departmental civil servants relating to that matter. The noble Lord, Lord Norton, provides exemptions from the requirement to publish for commercial or security-sensitive material. This is certainly an intriguing proposal but, I suggest, neither a feasible nor proportionate one. At a time when our focus should be on ensuring more efficient and effective government, a statutory requirement that every oral or written communication received by every civil servant, special adviser, PPS or Minister be recorded, collated and published in parallel with any relevant statement would appear ill advised. It would of course be an absolute goldmine for an academic researcher.

Not only would such a system impose an unwelcome bureaucratic burden on the public sector, it would likely impose information overload on the members of the public—perhaps even academic researchers. The volume of information that the Government would likely be required to publish in relation to a Budget Statement or a Queen’s Speech would be so overwhelming that any transparency value would be entirely undermined by the inaccessibility and quantity of the information. I think it was the noble Lord, Lord Rooker, who talked about “hiding in plain sight”. When there is too much information provided, it is sometimes hard to weed out what is crucial.

The Government’s objective is to provide the public with valuable information which they can utilise to scrutinise our actions and hold us to account. The focus should be on the value of information and the insight it can provide, not on the volume. The Government already publish unprecedented amounts of information about decision-making, and the register is intended to extend that transparency to those who seek to influence decision-makers. It is already standard practice that responses to government consultations are published in full and in summary, and if the public require further information about certain policies or decisions then they have a right to request that information using the Freedom of Information Act.

I recognise that the noble Lord is urging the Government to extend our information publication regime a good deal further. We will continue to consider how enhanced transparency can best be achieved. I suggest, however, that a statutory requirement of this nature is not the most appropriate manner in which to do so. I therefore resist that amendment, and urge the noble Baroness to withdraw it.

Syria: Peace Initiative

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Tuesday 15th October 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, we would welcome Iranian participation in the Geneva II peace conference. However, as UN Resolution 2118 spells out, the Geneva II peace conference is based on acceptance of the Geneva I communiqué, and Iran has not yet signalled that it accepts the basis of that communiqué.

[Lord Campbell-Savours (Lab)]

My Lords, during the Recess, at the beginning of September, there were UPI international press reports from a reputable source that the Russians were accusing the Syrian opposition of using chemical weapons. There seemed to be almost a conspiracy of silence in the western press about these accusations. What actually happened in the Foreign Office? Was that information followed up, and if it was, what was the conclusion of any inquiry?

[Lord Wallace of Saltaire]

My Lords, Russian allegations were made. There have been investigations, in so far as it is possible to pursue investigations on the ground within Syria at present, and all the evidence to which I have had access suggests that the opposition did not have access to chemical weapons and certainly did not have the capacity to use chemical weapons on the scale on which they were used on 21 September.

Order of the Companions of Honour

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Thursday 6th June 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, my briefing assured me that honours were not to be withdrawn from people who have died, and I think that the awarding of honours to people who have died would also be outwith the honours system as it is currently understood. However, we would all strongly agree that Alan Turing suffered quite appalling discrimination. Both my parents-in-law worked with the noble Baroness at Bletchley Park.

[Lord Campbell-Savours]

My Lords, does not the nature of this Question indicate the scale of the disconnect between the people of this country and the politicians?

[Lord Wallace of Saltaire]

Not entirely. The honours list in recent years has included an ever larger number of people who provide public service, often without reward, at the lower levels. I processed up the Abbey on Tuesday morning behind a lollipop lady who was there because we were demonstrating different forms of public service to the country. I am happy to say that the number of teachers, including head teachers, who receive awards has been increasing in recent years. Eight head teachers received senior honours in the latest honours list.

Ministerial Code

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Tuesday 5th February 2013 Lords Chamber

[Lord Campbell-Savours]

To ask Her Majesty’s Government whether they will review the arrangements for enforcement and monitoring of the Ministerial Code.

[Lord Wallace of Saltaire]

My Lords, the Prime Minister is the ultimate judge of the standards of behaviour expected of a Minister and the appropriate consequences of a breach of the standards set out in the Ministerial Code.

[Lord Campbell-Savours]

My Lords, now that it has been clearly established that the Cabinet Secretary, Jeremy Heywood, totally failed to carry out a full inquiry into the Mitchell affair, by discarding the evidence and in doing so, perpetrating a huge injustice on Andrew Mitchell, the former government Chief Whip, is it not now time to transfer the responsibility for carrying out inquiries into alleged ministerial transgressions from the Cabinet Secretary—indeed, anybody in Downing Street—to the Parliamentary Commissioner for Standards for Commons’ Ministers and to the Commissioner for Standards in the case of Ministers in the House of Lords? Surely we all recognise that all Ministers are Members of Parliament and should be subject to rules set by Parliament.

[Lord Wallace of Saltaire]

My Lords, I remind the noble Lord that the Cabinet Secretary’s recommendation to the Prime Minister was that the e-mails were unreliable evidence and that Andrew Mitchell should stay in post. In the evidence that he gave to the Public Administration Committee on 10 January, he said:

“My report to the Prime Minister basically said that there were some inconsistencies and inaccuracies between the account in the e-mails and what I could see in the CCTV footage. What was fundamental was the conclusion, which was that you could not rely on these e-mails to terminate Andrew Mitchell’s career”.

What then followed was a continuing press campaign, possibly with others involved, that led to Andrew Mitchell later offering his resignation.

Lobbyists: Register

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Wednesday 12th December 2012 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the Government have moved some way towards greater transparency in terms of who members of the Government meet. I am amazed by the detail in which I have to account quarterly for who I have met over the previous three months, so at one end we are already being more transparent. Part of the origin of the proposals for a lobbying register during the previous Government was the question of how much money was being paid to these specialist lobbying companies to influence Government. That was the origin of the inquiry. For the first time in my life, I sympathised enormously with the evidence given by the TaxPayers’ Alliance to the inquiry in which it said a narrower definition would be rather better.

[Lord Campbell-Savours]

When the noble Lord fills in the form that he talks about within the department, does he draw a distinction between official and unofficial engagements and does he register them both?

[Lord Wallace of Saltaire]

Yes, and we have discussed whether I should put down everyone I meet at a party conference. There comes a point where almost the entire political process becomes lobbying. For example, the secretariats of most all-party groups are supported by outside bodies. Are those lobbyists? Is that proper? Should we do away with them? One gets into very deep water quite early on in this field.

Parliamentary Boundary Commission: Electoral Administration

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Thursday 12th July 2012 Lords Chamber

[Lord Wallace of Saltaire]

I stand corrected.

[Lord Campbell-Savours]

Does the noble Lord think it proper for prominent Liberal Democrats to trade Lords reform for the reduction in seats?

[Lord Wallace of Saltaire]

I am deeply grateful to the noble Lord and all those on the other side for their sympathy for the position of the Liberal Democrats. We are a coalition Government and bargain every single day on a whole host of things. I have no knowledge whether what Mr Richard Reeves said as he left for the United States—very unwisely, and without any authorisation or standing, I thought—relates to anything that is being discussed between the two parties.

I hope that I have covered most of the points raised. The noble Lord, Lord Rennard, asked about the application form, which again we will return to when we discuss the Electoral Registration and Administration Bill. I understand that the application form that will be designed by the Electoral Commission must include a statement about the possibility of a fine and the size of that potential fine. We were discussing that in the debate in the Moses Room yesterday on the question of behaviour change and how one designs forms best so as to influence people to do the right thing.

Electoral Register

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Monday 16th January 2012 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I suspect that a great many Members of this House are registered in more than one property. I certainly am since we have lived both in Yorkshire and in London for a very long time. The questions of what is a second home and what is a holiday home very delicate. I am conscious that in south-west England this is a particularly sensitive issue.

[Lord Campbell-Savours]

My Lords, why are the Government so keen on removing the offence?

[Lord Wallace of Saltaire]

My Lords, perhaps I may be precise and make it clear that the Government are not removing the offence. The offence is the failure to return the form for the system of household registration. If we were to make it an offence not to register on an individual basis, that would be extending the offence. We will return to this when the Bill is being considered in both Houses.

Electoral Registration

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Thursday 12th January 2012 Lords Chamber

[Lord Wallace of Saltaire]

I am not familiar with those particular reports. We wish as far as possible to prevent fraud in the system. That is an important part of any approach to the electoral system. We have to have the maximum degree of trust in its integrity.

On the question of the full household canvass in 2014 and ensuring that for 2015 we have as complete a register as possible, the Electoral Commission has suggested carrying out a canvass in early 2014, rather than in late 2013. These subjects are still under full discussion, but the Government are of course well aware of the importance of having as complete a register as possible, both through the transitional period between 2013 and 2015 and after the election, as a basis for the new boundaries.

Lastly, the noble Lord, Lord Bach, asked when Peers would be allowed to vote in general elections. I rush to assure him that that is of course an issue that will be caught up with the House of Lords Reform Bill, which I know he is much looking forward to—as are so many other Members of the House.

[Lord Campbell-Savours]

Can I press the Minister on whether he will consider within the department the question of a grant to local authorities per elector registered?

[Lord Wallace of Saltaire]

I had my ear bent at considerable length by an electoral registration officer in Wandsworth two days ago, when I phoned him up about something else, on precisely how Wandsworth does this. We will look at ring-fencing. However, I believe in localism and I am against ring-fencing in principle. But the question of how much it will cost—

[Lord Campbell-Savours]

Forgive me—it is not ring-fencing but a grant directly from the Government to local authorities per elector registered. It is an incentive.

[Lord Wallace of Saltaire]

Both the Government and the Electoral Commission are looking at how we manage to ensure that an adequate canvass is maintained throughout the transition period and after. There are regular consultations between electoral registration officers, the Electoral Commission and the Government, and they will of course continue.

This has been a useful debate and I just wish to end where I began. The Government are still in listening mode. We are all committed to a transition from a household system of registration to a system of individual registration, and we all have a strong interest in ensuring that the new system which emerges is accurate, complete and widely trusted. That is our aim; we shall continue to consult and will then take the Bill through both Houses while continuing to listen as the Bill goes through both Houses. I trust that when the new system emerges we will find that we have achieved those aims as far as is possible in a highly mobile society. We live in a country where a substantial proportion of those who have contact with the state are not necessarily British nationals, and some of those who have contact with the state and fill in forms are functionally illiterate or do not fully understand English. Nevertheless we aim to overcome those problems as far as we can and achieve, we hope, as complete and accurate a register as we can, both for the next election and as a basis for the next boundary review.

Police Reform and Social Responsibility Bill

Debate between Lord Wallace of Saltaire and Lord Campbell-Savours

Thursday 16th June 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, there is no evidence for what the noble Lord has just suggested. We are talking about proportionality in a whole range of different ways here. Parliament Square, Old Palace Yard and the area around them, as some noble Lords were saying on Friday, ought to be a great democratic space to be enjoyed by a large number of people, not just those who come to visit Parliament or those who wish to make their views well known—loudly known—but also tourists and those substantial numbers of people who pass through Parliament Square every day on their way to and from work. It is a transient population that is obstructed by those who wish to be here permanently. Some of those structures are semi-permanent. I think that the noble Lord will agree that if the Aldwych—to take where he and I used to work as an example—had a similarly permanent encampment, there would be real problems of obstruction of the footway and so on.

The question that we are dealing with is: how best to arrange Parliament Square for the enjoyment, and the presence, of the maximum number of people under shared rules for all who come. This is a very large area. The intention of this part of the Bill is to give much greater clarity to protestors, public and the police as to what is and is not acceptable in Parliament Square. As I said on Friday, overnight protests and vigils are clearly one sort of acceptable behaviour. Being there for a year at a time—or, in the case of Brian Haw, several years—is a different sort of presence. It begins to obstruct the rights of others. I am sure that the noble Lord is familiar with John Stuart Mill and On Liberty, and the question of how one’s liberty has not to obstruct the rights of others. The maximum number of people in the democracy encampment was, I think, nearly 150. Brian Haw’s group has always been a mere handful. So we are trading off different rights. That is the purpose of this place.

I therefore say to the noble Lord, Lord Campbell-Savours, that scrutiny of this is taking place in a wider context, not simply today. We discussed this on Friday and there is, indeed, another Private Member’s Bill. This will continue to be a large set of issues.

The noble Baroness, Lady Miller, asked whether the policeman was a mind-reader. No, certainly not. Before anyone can commit an offence under these provisions, they must first be issued with a direction to stop: a warning. It is acceptable to issue a warning to someone you see carrying their sleeping bag and various other things that they should not put it down and spend several nights on it. That is what is intended in this clause.

The noble Baroness talks about fears of domestic extremists. I do not particularly want to go down that road beyond saying that I recall that when I once turned up to speak to the Campaign for the Accountability of US Bases in Britain at RAF Menwith Hill, it was remarkable how quickly the MoD policeman appeared to recognise who I was—my name and everything else. Perhaps I am on the list, too. We do not need to go too far into that for the moment.

These amendments rightly test the replacement for SOCPA. The Government’s view is that getting rid of SOCPA and replacing it with measures that existed before—as far as demonstrators are concerned, the previously operating Public Order Acts—is the right response. There is a trade-off between different users, as I have already said. However, there is a clear consensus on all sides of this Chamber after five years of debate that Parliament Square should be fully developed as a democratic space and that we should be discussing with the Palace authorities, the Abbey, the Supreme Court and others how to use it better. That discussion is rather wider than the Bill goes and needs to be continued elsewhere.

The question of Abingdon Green was raised briefly. There are particular problems because Abingdon Green is private, not public, property. Noble Lords will be aware of the many subtleties of who is directly responsible for which bit of the various facilities around here. There are risks of hybridity if we apply this Bill to Abingdon Green. However, we understand the practical challenges in terms of applying these various remedies. The Government will therefore additionally discuss with the House authorities the benefits of moving an amendment on Report to make provision for a power of seizure to be attached to Royal Parks regulations, which apply to Abingdon Green, to support the position that we have taken for effective enforcement of GLA and Westminster City Council by-laws.

[Lord Campbell-Savours]

Suppose that there is a big demonstration in London with a couple of thousand people on Whitehall all marching down towards Parliament Square carrying sleeping bags. Suppose that it looks to a police officer that they may well want to spend the night somewhere in the vicinity of Parliament. It does not mean that they are going to do it every day, or every week or whatever; they are not going to put up tents or anything. What would happen in those circumstances? Would the police simply ignore it? Or would they somehow find some excuse under the proposed legislation to say, “We are warning you, you cannot do it”. Then, if they breach that, an argument breaks out on the streets between the police and the demonstrators.