Referendums: Parliamentary Democracy

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Thursday 19th July 2018 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, in discussing referendums we have very much to put our discussions in the context of declining popular support, in this country and elsewhere, for parliamentary democracy. It is a real problem we all face, and we see it as it stretches across the rest of the democratic world. In Britain, we have a situation in which the people—and newspapers—who campaigned very hard for the restoration of British parliamentary sovereignty have, for the past two years, insisted that the “will of the people” as expressed in one referendum must override parliamentary scrutiny and further debate. We have disillusion with elites and with the establishment—with representatives, as such—and the rise of “authentic” charismatic figures who are seen to represent the people, even though they usually do not come from the people. We see that not just in Britain but elsewhere. When I see the Daily Mail giving large coverage to Jacob Rees-Mogg attacking the establishment as a man of the people, I feel that we are almost in a surreal world. But that is where we are, and the public school-educated journalists of the Daily Mail and the Daily Telegraph busily attack the metropolitan elite, even though they are all members if it; meaning, of course, that what they are attacking is those who think that evidence, debate and discussion are important to democratic politics and not simply emotion and gut feelings. That is the problem that faces us and into which context we have to put the future of referendums.

Membership of political parties has declined. In 1970, 5% of our voters belonged to political parties, the largest of which was the Conservative Party. In 2010, it was 1%. It has recovered a little since then, although in some unpublished figures, the Conservative Party is now the fourth largest political party in Britain after the Liberal Democrats and the SNP. It certainly ought to worry us that the governing party has become a central political machine funded by large donors without the roots it used to have among the population.

[Lord Lea of Crondall (Lab)]

What about the Labour Party?

[Lord Wallace of Saltaire]

That is a matter for the noble Lord.

We have a broken two-party system. In many other countries, the old parties have begun to break up and new parties are emerging, but ours are held in place by a voting system and by their privileged access to funding. We have a situation in which political education in this country is extremely poor—almost absent. The noble Lord, Lord Higgins, said that we believe in parliamentary democracy. However, my experience of the referendum campaign is that many people expressed deep confusion about the quality of democracy and the issues at stake because we have not tackled the question of how to educate our masters, as Disraeli said we needed to do, so many years ago. One reason I have been converted to the idea of the voting age being 16 is that it would encourage schools to get into political education in a much more active way. We all know how delicate and difficult that is, but we need enormously to prioritise citizenship, an understanding of the rights and obligations of citizenship, what we mean by the rule of law and what we mean by representative democracy.

It does not help that local democracy has been undermined and its funding cut back, and that we now have fewer elected representatives in England than in any other democratic country. We have seen the professionalisation of political campaigning, the rise of what the Russians call political technology, and the very slick way in which the anti-AV campaign and the Brexit campaign—both led by Matthew Elliott—used the peripheral, almost irrelevant, question of funding for the National Health Service to discredit other matters. That was very well done and very clever, given that it was not central to the issues. The influence of big funders—often offshore and occasionally foreign funders, and occasionally also dark money—is clearly something that we need to look at.

Where does that take us? Like the noble Lord, Lord Higgins, I have read the various reports. I was very impressed by the Independent Commission on Referendums and I strongly agree with many of its recommendations, including that referendums are best to ratify a decision which government has taken rather than to start a debate about what we might do if the population expressed a preference for X rather than Y. The last thing one should do, of course, is have a referendum to avoid the governing party having to take a decision first. That is what happened two years ago and is, after all, what happened in 1975.

I also agree with the commitment that referendums need to be embedded in a longer process of debate and negotiation, as far as they can be. Citizens’ assemblies and other things are mentioned, and in Britain we face the problem that we have a more highly educated electorate but they are less interested in politics. They want to listen to us on the radio or television only for 30 seconds at a time, rather than the two to three minutes we used to get 20 or 30 years ago. There is a real problem in getting complex politics across. I also agree that referendums need to be restricted to major constitutional questions. I further agree that referendums need to be tightly regulated. The report says rather optimistically that they need to be fair, but what we have seen in the context of the last two referendums—most recently in 2016—is that regulation needs to be not only clear but quickly imposed. Here we are, two years after the referendum, and the questions of where some of the money came from and whether the limits were exceeded still hang in the air.

Where are we as a result of all this? Referendums have become a part of the British constitution—we cannot take them away again—but they should be used rarely. Our democratic system is much shakier than it used to be, and politicians across all parties need to co-operate to repair and strengthen it. To paraphrase Winston Churchill: parliamentary democracy is the worst of all systems of government, except for all the others. And I am not at all sure that plebiscitary democracy is any better than parliamentary government.

Charities (Protection and Social Investment) Bill [HL]

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Wednesday 1st July 2015 Grand Committee

[Lord Lea of Crondall]

My Lords, I tabled this amendment to help clarify what Clause 13 is not, as much as what it is. I would like to ask the Minister how widely this clause can be interpreted. I do not want to wake up one morning and find that it means something quite different from what I thought it meant. I would like to clarify that it is not an opportunity to open up a further shift towards helping taxpayers invest, with socioecononomic income distributional consequences, in private education rather than public education. I do not think anyone would deny that that is a consequence of the charity status of public schools in this country. I repeat that my purpose is to ensure that we all put our cards on the table as to what is going on here and what may be open to interpretation. We do not want to wake up one morning in four years’ time and say, “Well, people kicked the ball through that goal and you did nothing about it. Are you stupid or something? You didn’t keep your eye on the ball”.

I do not know how we are going to avoid the spectre that I am talking about but I will put my question to the Minister in two parts. First, will he comment on my anxieties or analysis of what this may lead to? Secondly, if he wants to reassure me—not me, I am sure he does not wake up in the middle of the night and think, “I’d like to reassure the noble Lord, Lord Lea, of something”; but if he wanted to reassure people—that this does not have any wider consequences in the sphere that I am talking about, what is wrong with this amendment? The answer can only be that it is redundant or offensive. I would like to know which it is. Is it redundant or is it offensive and if so, why? I beg to move.

[Lord Wallace of Saltaire]

My Lords, the noble Lord, Lord Moynihan, and I both have amendments down for Monday’s Committee sitting which relate to the issue of public benefit and public schools, and specifically the provision of their facilities for use by others. We all know that this is a delicate and sometimes politically controversial issue. What I want to say on Monday—although I realise with horror that I am supposed to be speaking in a debate on Gaza at the same time—is that now that private schools in Britain with charitable status have some wonderful sports, music and drama facilities, the question of how far they make them available to their communities is one that we cannot entirely ignore.

It happens that a charity which I chair has benefited from very good partnerships with a small number of public schools which do this precisely because it demonstrates that there is a public benefit, and I am sure that the noble Lord, Lord Moynihan, will be saying much the same thing. We will return to this issue on Monday, but one has to be careful not to go on an all-out attack on schools with charitable status. Nevertheless one would wish to insist that public benefit does mean what it says in this and other areas. As I say, we will return to these matters on Monday.

Iraq: Nimrud

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Thursday 12th March 2015 Lords Chamber

[Lord Lea of Crondall]

To ask Her Majesty’s Government what steps they are taking to encourage Arab states and Iran to condemn the destruction by Islamic State forces of the remains of ancient Nimrud, northern Iraq, and demand that they desist.

[Lord Wallace of Saltaire (LD)]

My Lords, the Government utterly condemn ISIL’s wanton destruction of cultural heritage sites in Iraq. We are not alone. The United Nations Security Council, the head of UNESCO, Bahrain, Saudi Arabia, Egypt and the Arab League have all condemned ISIL’s systematic destruction of historic sites and relics. We will continue to work with Arab states, including Jordan and Saudi Arabia, to counter ISIL. We recognise the important contributions they are making to the global effort.

[Lord Lea of Crondall (Lab)]

I thank the noble Lord for that reply. Does he agree that in destroying these iconic sites in Mesopotamia, ISIS is trying to destroy what are part and parcel of everyone’s civilisation, our common civilisation, with elements imparted into all three monotheistic religions, Judaism, Christianity and Islam, and that this is the moment for leaders, both political and religious, in the West and the Middle East to proclaim this together? Does he also agree that those considering joining ISIS from this country, from Britain, should be asked rather sharply to acknowledge that attempts to justify such acts of iconoclastic vandalism are as arrogant and as threadbare as any that could be found for bulldozing Stonehenge?

[Lord Wallace of Saltaire]

My Lords, the noble Lord mentioned iconoclasm. It has been an aspect of a number of religions including, sadly, Christianity in the past. When I, from time to time, give tours of Westminster Abbey for charity, I point out to people the various bits of destruction that the Puritans had executed there, as in many other churches around Britain. We are faced with a radical ideology, which has a particularly narrow definition of Islam, in which iconoclasm is part of what it wishes to do.

Regulatory Agencies: Monitoring

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Wednesday 4th March 2015 Lords Chamber

[Lord Wallace of Saltaire]

That was a good joke, my Lords, but this is a highly complex area in which quite naturally Parliament wishes some regulatory bodies to have a good deal of independence from the Government. There has been much discussion in this Chamber recently about the Equality and Human Rights Commission and how that should be maintained at considerable distance from the Government. On the other hand, the Care Quality Commission, for example, rightly is regarded as something which needs to be close to ministerial responsibility and on which Ministers are expected to answer to Parliament.

[Lord Lea of Crondall (Lab)]

My Lords, I take the point that one does not wish to suggest that each regulatory body should be second-guessed day to day by any parliamentary process, but would it not be useful from time to time, given that many of these regulatory bodies are governed by secondary instruments covered by our committee structure here, to see what is happening at the interface, for example, with energy and transport? There are so many bodies where the interface is confusing. Consumers do not know where to go and are maybe pushed from one thing to another. Occasionally, some process should be found to review the accountability to the government department and, hence, to Parliament.

[Lord Wallace of Saltaire]

My Lords, these reviews do take place. The Environment Agency and Natural England were jointly subject to a triennial review, precisely to look at the degree of overlap. The noble Lord may recall that the Public Bodies Act examined the need for a number of statutorily established bodies that were set up a very long time ago and that the Deregulation Bill also touches on issues like this—125 triennial reviews of non-departmental public bodies have already taken place. I was interviewed for the triennial review into the Civil Service Commission, for example, which I think will recommend an expansion of the responsibilities of that body. A good deal of toing and froing is under way. Parliamentary committees and the National Audit Office also monitor the management of these bodies.

Boko Haram

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Tuesday 27th January 2015 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, of course we are working closely with the Nigerian Government on a whole range of issues such as this. The north-east of Nigeria has been neglected compared to the north-west—not only to the south—and the noble Lord knows well the extent to which the oil wealth is now in the south but the northern elite that used to think it ran Nigeria feels excluded. There are many levels of different tensions that are reflected in this.

[Lord Lea of Crondall (Lab)]

My Lords, given that we do not run Nigeria like we did until about 1960, and given that we have to be sensitive about the views of the Nigerian Government on overseas countries, of which we are one, being party to all the security concerns within the country, will the Minister comment on the degree to which he feels that the Nigerian Government are being open to other countries that wish to be of assistance, whether on a bilateral or multilateral basis?

[Lord Wallace of Saltaire]

My Lords, we are working very closely with the Nigerian Government. Of course, we are not trying to pretend that we are a colonial power coming in. We are an ally and we are concerned about the security of the whole of the broader Sahel region.

Universal Declaration of Human Rights

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Thursday 24th July 2014 Lords Chamber

[Lord Wallace of Saltaire]

I thank the noble Lord for that contribution.

The situation in Iran and across the Middle East, the question of south Asia, what is happening in Burma, Indonesia and the new laws set out in Brunei—a great many countries have been mentioned. Sadly, however, we have not mentioned the Central African Republic, where Christians, or people who call themselves and identify themselves as Christians, are killing Muslims, and people who call themselves Muslims are killing Christians. I regret to say that they are probably using the religious symbol as an excuse for competing with the others. We have to recognise that not just modernity, but rising population and shortage of resources fuel some of those conflicts that appear to be religious.

[Lord Lea of Crondall]

The Minister will be aware that I was not the only one who asked a specific question about what steps the Foreign Office is considering, and whether there is any brainstorming there, as to how to strengthen the adherence to the famous article.

[Lord Wallace of Saltaire]

My Lords, I have two minutes left, which is why I am attempting to run through this. I promise I will write to the noble Lord, in so far as I can. I have already explained that the Foreign Office is actively engaged in all of this in terms of internal education and our constant dialogue with others. We have, again, come back on to the Human Rights Council so we are working across the board on this issue.

The debate has demonstrated our concern with the large number of countries in which religious toleration is absent and where there is discrimination against minorities within each religion and against different religions from that which is the official religion of that country. I can assure your Lordships that the Government are actively concerned with this. We see it as something that the British Government must actively work on, at home and throughout the world, as one of the important ways in which we help to maintain our open and tolerant society and to strengthen those principles of liberal, open societies across the world.

Qatar: Migrant Workers

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Thursday 24th July 2014 Lords Chamber

[Lord Wallace of Saltaire]

I thank the noble Baroness for raising the question of domestic labour, which is also an issue across the GCC. In the UK’s contribution to the debate at the UN Human Rights Council, our representative made two recommendations; first, to:

“Reform the sponsorship system, removing the requirement for foreign workers to obtain permission before leaving Qatar or moving jobs”,

and, secondly, to:

“Reform the Labour laws to ensure domestic workers are legally protected and to improve the enforcement of these laws ensuring the rights of foreign workers in Qatar are guaranteed”.

[Lord Lea of Crondall (Lab)]

My Lords—

[Lord Clinton-Davis (Lab)]

Does the Minister agree that the views of Her Majesty’s Government can be very influential in this matter? Does he further agree that presenting views officially and not being silent would serve an immensely positive purpose?

House of Lords: Labour Peers’ Working Group Report

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Thursday 19th June 2014 Lords Chamber

[Lord Wallace of Saltaire]

The House has a structure of committees that regularly discuss House procedures. I am not able to give any commitment. We have already discussed within this Parliament the question of the role of the Lord Speaker, for example, and the House decided at that point that it did not wish to move further. It is unlikely between now and the next election that major changes will be agreed and made, but it is certainly quite appropriate that further discussions should continue.

On the question of the size of the House, the figure of 450 Members suggested in this report was in the Government’s Bill. In the long run, we might also have a smaller House of Commons if more power is devolved to the regions and the nations. Indeed, the Conservative proposals that fell saw a House of Commons of 600 rather than 650. How to move from here to there is of course the most difficult issue. Do we go for an age limit or for a time limit—or, as the noble Lord, Lord Norton of Louth, suggested, a post-election weeding out within each group, which would be a wonderful series of bloodlettings within each of the two groups?

A member of the Supreme Court talked to me some months ago about the statutory age of senility. It is a wonderful concept which, for judges, is slowly being reduced from 75 to 70. The suggestion is made here for the Lords’ statutory age of senility to be 80. I realised the last time we debated this that I will hit 25 years of service in this House within a couple of months of reaching the age of 80—and that, clearly, is the point at which I should do what Lord Grenfell did so gracefully and retire. We should all accept that we cannot move from where we are to where we would like to be without a number of us retiring. The suggestion that I think I got from the noble Lord, Lord Cormack, that those of us who are here already should somehow be exempt from the changes, is not possible.

The reason I will not give any commitment about future lists, although I am not aware of any list at the present, is that we need to keep renewing and refreshing the House. As the noble Lord, Lord Gordon of Strathblane, said, experience and expertise go stale. When I joined the House, it had an average age of 67. It now has an average age of 70—I have just passed it. It has 139 Members over the age of 80 and only 131 under 60. That House is a little difficult to defend.

[Lord Lea of Crondall]

Does the Minister not accept that most people think that the major motive of Governments in having extra lists is that they will have a net increase in their number here. The idea that it is motivated by renewal of the House is not how the dark arts of 10 Downing Street operate.

[Lord Wallace of Saltaire]

My Lords, I am not an expert on the dark arts of Downing Street—perhaps the noble Lord is. I simply stress that the question of age balance is important, and the idea of a House that stops recruiting new Members and simply grows older and older relatively gracefully is not one that we would accept or recognise.

Ukraine

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Tuesday 18th March 2014 Lords Chamber

[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 Lea of Crondall]

I am sure that the Minister is not misrepresenting the Russian position. However, equally, many of us have argued that no matter whether it is federal, devo-max or so on, you cannot go on with a unitary state with the sort of election results of 51% and 49%—and then winner takes all and you have arrested the leader of the Opposition. That is why I mentioned Northern Ireland. There is a caricature going on here.

[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.

House of Lords: Membership

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Thursday 24th October 2013 Grand Committee

[Lord Wallace of Saltaire]

My Lords, we are getting into very difficult constitutional questions here. Again, I have heard discussions about this among some of my noble friends. A Labour Party that wins a majority of seats in the House of Commons on perhaps 35% of the vote and a 60% turnout raises the question of whether that is really a majority or not.

[Lord Lea of Crondall]

I am sorry to press the point, but is that not precisely the doctrine of the coalition agreement—the formula should reflect the results of the last general election—or is it only to suit this particular Government at this particular moment in time?

[Lord Wallace of Saltaire]

My Lords, it is that in new appointments, one should head in that direction. I speak for a party which received no nominations to this House for several years under Mrs Thatcher’s Conservative Government. Let me say—

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

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Tuesday 22nd October 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I was about to come to precisely that distinction because it seems to me to be the nub of what we will have to discuss when we deal with Part 2. There is a line to be drawn between the promotion of policies and the promotion of the success or defeat of particular parties or candidates. Policing the line between informing and educating the public during a campaign, promoting particular policies during a campaign and, on the other side of the line, supporting or opposing particular candidates or parties during a campaign, is the point on which we need to focus during Committee and Report. I am concerned that this is not an easy line to define. We want to make sure that there is as small a grey area as possible. At the all-Peers meeting, the noble Lord, Lord Dubs, quoted a leaflet which had been put round his constituency the day before he lost an election which had a very large headline saying, “We are not telling you who to vote for”, and then a lot of small print which did. That is the sort of thing that we will have to look at in detail.

This measure is not aimed primarily at charities. Indeed, of the 30 organisations on the list, three are the campaigning non-charitable associated bodies of charities, but none is a charity. Charities should not be caught by this measure. After all, charities law limits how far charities can become involved in partisan campaigning. Charities should be involved in political campaigning. I recommend that noble Lords look at the list to see how far we can come to an agreement on the borderline. The noble and right reverend Lord, Lord Harries, talked precisely about the borderline between current activities and controlled activities, and the chilling effect of having an uncertain definition of that. However, that is where we are. From the discussions I have had with people over the past few weeks, I have the slight impression that a large number of charities had not actually read the Political Parties, Elections and Referendums Act until this Bill was produced. Having looked at the language of that Act, a number of charities are telling us that they are not happy with that language as it stands. We have entered a discussion that we should perhaps have had earlier. The Government started on the assumption that the language of PPERA was fine because we had—

[Lord Lea of Crondall]

My Lords—

[Lord Wallace of Saltaire]

May I just finish my point? We had been through two elections with that language and charities do not appear to have found it difficult. If charities are now telling us that they find that language difficult, clearly we need to have a rather different discussion. I give way.

[Lord Lea of Crondall]

I thank the noble Lord for giving way. He may not be able to answer my next point tonight. However, as I understand it, charities registered with the Charity Commission cannot be so registered if they have political purposes. Therefore, will the noble Lord comment on, or write to me, about what he means when he talks about charities having political purposes?

[Lord Wallace of Saltaire]

I hesitate to go into a definition of politics as the noble Lord, Lord Norton, will immediately correct me. The promotion of particular policies, particularly broad policy areas, is a natural and accepted part of what charities and faith bodies do. That is a normal part of civil society. Part of my puzzlement, in listening to one or two of the speeches tonight, is that civil society is itself broader than the charitable sector. There are campaigning bodies in civil society which are not, and should not be, charities. Charities promote particular ideas, developments and social objectives which are also unavoidably political objectives, but they are not necessarily partisan objectives. That again is the line that we need to draw. I note that the noble and right reverend Lord, Lord Harries, said that charities are already unhappy about PPERA. Having looked at it, there are a number of difficult questions that we need—

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, the Government are concerned that there is insufficient public understanding when, for example, a union calls a strike vote, that those being polled are those who are currently working. They wish to assure the members and others in society that the lists are accurate. This is not just for unions. Companies are also expected to maintain an accurate register of their members and shareholders and to keep it up to date. This will cover a range of different bodies. I give way once more and then we must finish.

[Lord Lea of Crondall]

Is the Minister aware that that is not the reason given in the explanatory document?

[Lord Wallace of Saltaire]

My Lords, we will return to the explanatory document at a later stage. This has been an extremely vigorous evening. We look forward to several days in Committee and on Report. The Government will consult a range of stakeholders between Second Reading and Committee, and we will continue to consult between Committee and Report. This House will, as the noble Lord, Lord Greaves, assured me very vigorously, look in detail at the language of the Bill and also look back at the language of PPERA, and, we hope, produce something of which we can all be proud at the end of the day.

Syria and the Use of Chemical Weapons

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Thursday 29th August 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I start by thanking the noble Lord, Lord Triesman, for that extremely constructive speech, and by saying that this is very much an area in which the Government are looking for the widest possible consensus across the parties. I have spent much of the past two days working within the coalition on making sure that we have an agreed position. Perhaps I can say that one of the many areas in which this is not another Iraq is that we have been going through a very carefully constructed series of discussions and consultations within the Government. As the Opposition Front Bench will also know, there have been a series of discussions with the Opposition to try to make sure that everyone is as closely as involved as possible and that the information is exchanged as broadly as possible. Therefore, in all sorts of ways this is not Iraq 2.0.

This has been a take note debate, so of course the first thing I should say is that we will take note of the very many concerned and cautious speeches that we have heard in the course of the past few hours. The mood has been very sober and very concerned, although some noble Lords have perhaps not followed the newspapers as well as they might have. As I will come on to say later, the suggestion that we ought to try the diplomatic track appears to ignore the enormous efforts the Government have been putting in in recent months. As we have heard tonight, the shadow of Iraq falls over all our discussions.

I will stress one obvious thing. One or two noble Lords have talked about a unilateral operation. This would in no sense be a unilateral operation. Indeed, a number of other Governments have asked if they might be included in the operation, and the levels of support are large for some response to this clear breach of international law. The Arab League has condemned it and a number of other Governments have condemned it; the Turks have been very clear and the European Union has been very clear—this is not the sort of position in which we found ourselves in March 2003. We have a much broader coalition and much clearer evidence. Much of that evidence is open evidence. A lot more is in widespread diplomatic telegrams of not particularly high classification. The regime is thought to have used chemical weapons in much smaller quantities on somewhere between 10 and 14 previous occasions. On some of these, there appears to be sufficient evidence to report them to the United Nations.

What was different about this intervention was that it was on a much larger scale. As my noble friend the Leader of the House said in his opening speech, there were attacks on 11 different locations in the Damascus area. That is very hard to cover up. It also suggests that it is unlikely to have been an operation conducted by a junior officer on his own. It was clearly conducted by a large series of simultaneous operations, suggesting a senior command structure, and it was conducted in Damascus, close to the central command structure of the regime. Of course, it is possible that we may discover that President Assad was not previously informed, but this is not a rogue incident that happened in Aleppo, Homs or somewhere else; it happened in 11 different locations in Damascus. That suggests that we have much stronger evidence, not a dodgy dossier of the sort that one or two noble Lords have suggested that this might again be.

The noble Baroness, Lady Royall, asked what chemical was used. All the evidence we have suggests that it was diluted sarin, which is one of the many chemicals banned by the chemical weapons convention, but as she will know, the chemical weapons convention bans the use of all poisonous chemical agents in warfare or conflict of this sort.

There is compelling evidence, and more compelling evidence will be presented as the UN inspectors provide what will be a preliminary report. I again remind the House that the inspectors have not been asked to attribute responsibility; they were asked simply to confirm that chemical weapons have been used. The scale of this chemical weapons attack suggests something that is way beyond the capacity of the opposition to have conducted. The projectiles used were those that no one has any evidence that the opposition has access to, and the attacks were made on opposition-controlled areas. Therefore, the very strong probability is that this was an Assad-regime attack and that it was ordered by people relatively high up within the current regime.

On the legality, we have heard a number of very expert speeches, in particular that of the former Attorney-General, the noble and learned Lord, Lord Goldsmith, who rightly said that we have to include a large number of considerations, including that force should be used only as a last resort. That picks up what the most reverend Primate the Archbishop of Canterbury said about the just war doctrine. There are occasions when one has to use force, but one should be extremely cautious about how one approaches it. That is the approach that the Government are taking.

The noble Lord, Lord Lea of Crondall, suggested that perhaps chemical weapons were all over Syria and might therefore be in the hands of the opposition. We have seen no credible evidence or reporting that any terrorist group in Syria has acquired regime chemical weapons stocks.

[Lord Lea of Crondall]

Given their very wide spread, it is very likely that to control them in some way you would have to have boots on the ground.

[Lord Wallace of Saltaire]

So far as we know, the weapons are still well controlled by the regime, and one of our expectations is that if there are indications that the regime is losing control of them, the Russians as well as others will be very concerned about that loss of control.

A number of noble Lords have talked about punishment. I regret that one or two of our American allies have used the word “punishment”. The intention is deterrence, not punishment. The intention is a limited and proportionate response that will deter the regime from thinking that it can use chemical weapons again. The risk of inaction, about which my noble friend Lord Ashdown and the noble Lord, Lord Robertson, have also spoken is that if we do nothing the regime is likely to assume that it can use chemical weapons again, and in larger quantities if it wishes. The argument, therefore, for a limited, carefully calibrated and proportionate response is to say, “Thus far and no further”.

Defence: Trident Review

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Tuesday 9th July 2013 Lords Chamber

[Lord Lea of Crondall]

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

[Lord Wallace of Saltaire]

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

[Lord Lea of Crondall]

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

[Lord Wallace of Saltaire]

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

Queen’s Speech

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Monday 13th May 2013 Lords Chamber

[Lord Lea of Crondall]

There is an advisory limit of eight minutes. I inquired and that was stated. I do not know whether anyone would like to confirm that that is the case.

[Lord Wallace of Saltaire]

My Lords, as the question has been raised, the Chief Whip gave the advice that if Members were to keep their remarks to eight minutes we would finish at 10 o’clock. I am advised that it is traditional in debates on the Queen’s Speech not to enforce the advisory rule, so it is entirely open to noble Lords still to be here at one o’clock in the morning if they so wish. However, if anyone were to go on for a very long period, I dare say that noble Lords would have ways of making their feelings on this known.

[Lord Lea of Crondall]

My Lords, I have no wish to produce the result whereby people are here at one o’clock in the morning. I simply say that I hope no one thinks that there is any discourtesy if, in the light of what has been said, one does not stick to eight minutes.

As my noble friend Lord Eatwell pointed out in his magisterial analysis of the short term, austerity will not improve our tax revenues, nor will it reduce our tax expenditures. There are perhaps three timescales over which one can analyse economic prospects: short, medium and long, by which I mean for the short term possibly three to four years, for the medium term 10 to 15 years, and for the longer term perhaps 20 to 30 years. The post-war architecture of the world economy—Bretton Woods and so on—goes back no less than 70 years. The IMF and the World Bank were the main institutions created at that time. Surprisingly—it is hard to think that it is true—the European Union in all its manifestations now goes back for the best part of 50 years. It is partly in view of the extraordinarily peremptory and dismissive speeches made by the noble Lords, Lord Forsyth and Lord Lawson, in recent days that I will concentrate on the second and third of those timescales.

Their recipe for leaving the European Union and indeed for the future of the nation as a whole is, in my view, catastrophic. It is going down an ideological road and is far from an objective analysis of our economy and our place in the world. It is also as far removed from pragmatism and empiricism as something that went on in the Labour Party in the 1980s, and that is where the Conservative Party will wind up if they follow that line. In the short term, it will be, as I said, catastrophic. Figures published today by the TUC, which has done some analysis of the statistics of the International Monetary Fund, suggest that by 2017 our per capita income in Britain will have increased by precisely 0.0%. I know it sounds extraordinary that a figure should be as precise as that but it works out that our living standards, our per capita income, in Britain will have risen by precisely 0.0% since 2008. Given the vast increase in the quantum of the top 1% and, indeed, 10%, that explains the deep cut in living standards for the median and the vast majority of the British people who, not surprisingly, are angry and disorientated as a result, and are prepared more readily to listen to sophists such as Mr Farage and others nearer to home.

I acknowledge that the EU as a whole has not had a very much better record, although perhaps I may draw attention to the fact that per capita incomes in the same series in Germany and Sweden—two examples of northern Europe—will both be projected to have risen by 10% in this period, a point to which I will return. In passing, I will also mention that on a couple of occasions I have asked my noble friend Lord Eatwell a rhetorical question about how we will pay for this, that and the other without increasing the deficit. The noble Lord, Lord Forsyth, says that we have to get on urgently with filling up the potholes. Perhaps he will pay for it himself but I assume that it will come out of public expenditure.

What is the bigger economic picture that we face in this country? Just to put the numbers another way, the loss of output in these 10 years below our earlier potential of roughly 2% growth per annum comes out at some extraordinary numbers. If you look at the cumulative loss against that trend, by the year 2017 it will work out at some £3 trillion—£3,000 billion. It will not be £30 billion or £300 billion but £3,000 billion. People can work it out for themselves. The noble Lord, Lord Forsyth, is looking puzzled but if he does a bit of mental arithmetic he will find that that is in the right ball park. I know he does not have time to work all that out in the time of my speech but perhaps later he will realise that my figures are accurate. We are talking about figures that are worse than the slump in the 1930s after the parallel banking crisis of 1929, from which we only recovered the full scale of our potential during the late 1930s and the Second World War, as, of course, did Germany and the United States.

As to my own prescription or views regarding these matters, I do not begin by wanting to be orthodox in terms of Labour Party policy. I do not think that that is the role that one is necessarily here to play. I am generally orthodox but I just should like to draw attention to one or two features of the trade deficit. It is not that we cannot grow our economy in the European Union. If the EU per se is the reason for some incompatibility because of so-called red tape, how is it that Germany, despite absorbing a very weak East German economy over the past 20 years, has a GDP per head of 121—if we put EU equals 100—while ours is 109?

Germany, of course, which relies much more than we do on something as old fashioned as manufacturing, is rarely mentioned by the new ideologues. They seem to think that there is something magic about the City of London. For every £2-worth of goods or services—in the statistics they come to the same thing—we now export, we import £5-worth. This is, in part, to do with our exchange rate. Of course we cannot go on devaluing the pound without our living standards falling. However, if we want to regain our competitiveness, I could argue at the same level of abstraction as the noble Lords, Lord Forsyth and Lord Lawson, who think they are brilliant economists—I do not think that I am a brilliant economist but at least I can see the fallacies in what they are saying—but what is wrong with saying that although we are now stable at 85p to a euro we would be more competitive at parity with the euro? That is a devaluation of 15%. With the growth of our educational system and our whole industrial policy, perhaps that would ensure that we stay, for once, at parity with the euro.

I do not anticipate great enthusiasm for what I have just said but is it not a fact that our trade deficit is a fundamental issue both within the European Union and outside it? Simply asserting that we have got to trade with the rest of the world in no way addresses that fundamental question. As for the European side of growth, that, too, goes back to Lehman Brothers five years ago. It is not as if the whole of the European slow growth was created within the European Union.

The other point which needs to be put to these new iconoclasts is whether they would stay in the European Economic Area along with Switzerland, Norway and Iceland. There is plenty of red tape in the European Economic Area. We signed the EFTA treaty in Stockholm leading up to its creation in 1960 and there have been rules on state aid and so on. The noble Lord who referred to the acquis, the noble Lord, Lord Spicer, who is not in his place, is correct in that if we were a member only of EFTA we would be following all of the acquis without having a seat or a vote at the decision-making table. Would he be happy to be in that position? He has given no clue as to the scenario we would be expected to vote for if he had his way.

The third and final fallacy—I am still three minutes off my 16 minutes—concerns relying on the City of London. The noble Lord seems to want to have it both ways. Either it is the centre of Europe’s financial system and dependent on our being part of the EU for its strength, or it will somehow have a comparative advantage in its own right without our being part of the European Union. The noble Lord must have missed the speeches by leading officials in China, the United States and elsewhere, who have said that of course our share of world investment would be considerably at risk if we were to leave the European Union.

In conclusion, “Stop the world, I want to get off” is a policy which I am sure the British people, when they are told the truth—we are told that we have to get them to understand the truth, but that is a bit difficult when the Murdochs, the Daily Telegraph, Daily Mail and so on do not allow them to know it because for the most part they censor it—will reject. On the state of British public opinion, I shall read out three or four statistics taken from a new survey produced by YouGov/The Fabian Society looking at the attitudes of the younger generation, those aged between 18 and 34. They were asked:

“How convincing or unconvincing do you find the following statements in favour of the European Union? … It has given people the freedom to travel, work and live in other EU countries”.

Some 60% found it “fairly convincing”. Perhaps I should send an e-mail to the noble Lord, Lord Lawson, in France saying that I hope he is happy that that has enabled him to live there.

“The EU has agreed common standards of workers’ rights, consumer protection and played an important role in guaranteeing the social rights of individual citizens”.

The response showed that 48% found that statement “fairly” or “very” convincing against 15% who did not.

“Co-operation between EU countries is the best way to tackle the big issues of our time, like climate change, the global financial crisis and international terrorism”.

Some 49% said yes, while 18% said no.

“The EU has helped keep peace in western Europe since the second world war”.

Some 47% agreed and 17% did not.

Perhaps I may say in my final sentence that, so far as peace in the world is concerned, it is essential that Germany, France and ourselves are in the same Europe with a common defence approach vis-à-vis the rest of the world. That point will become clearer and clearer as this debate continues.

European Union: Recent Developments

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Monday 17th December 2012 Lords Chamber

[Lord Wallace of Saltaire]

This is a Second Reading debate. Given the lateness of the hour, we should really have one speech after the other rather than general exchanges. Perhaps the noble Lord who is speaking could bear that in mind.

[Lord Lea of Crondall]

Am I going to get extra time for this?

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

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Friday 29th June 2012 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I look forward to many enjoyable days at the end of the year discussing this and other questions on another Bill than the one before us at present. At the present moment—

[Lord Lea of Crondall]

My Lords—

[Lord Wallace of Saltaire]

I have given way a great many times, and I think that I ought to draw what I hoped would be my brief remarks to a close. The Bill proposed by the noble Lord, Lord Steel, is an extremely modest and incremental proposal. The noble Lord, Lord Davies of Stamford, has already given notice that he intends to table amendments in Committee, but I trust that the Bill will pass relatively quickly through this House and will be perhaps an indication that there are at least some ways in which this House is willing to move on reform. On that basis, I hand back the wind-up to the noble Lord, Lord Steel.

EU: Recent Developments

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Thursday 16th February 2012 Lords Chamber

[Lord Wallace of Saltaire]

We will continue to disagree.

The noble Lord, Lord Kakkar, raised the working time directive and asked a number of other questions. We are working to ensure that it retains a secure economy-wide opt-out. We would welcome more flexibility on the areas of on-call time and compensatory rest. On the General Medical Council and the overinterpretation of language testing, I am confident that that is also an issue on which the British Government are actively engaged. I will write to the noble Lord further about that.

[Lord Lea of Crondall]

It is not the case that we have a general opt-out on the working time directive. I do not know what the Minister is referring to.

[Lord Wallace of Saltaire]

As I understand it, there is an individual right to opt-out voluntarily from the working time directive. That is precisely what I was explaining. I am sorry that the noble Lord misheard.

On the clinical trials directive, we are working with the Commission on revising the directive, and the Commission will publish proposals this year.

On other matters, the noble Lord, Lord Willoughby de Broke, suggested that the European Union is forcing regulations on the UK. In terms of climate change, the coalition Government, like the previous Government, are committed to climate change and work through the European Union. It is not Brussels forcing that on the United Kingdom.

In other areas, noble Lords may well be aware that some of what comes back from Brussels—the zoo regulation, for example, and a lot of the animal welfare stuff—has been promoted in Brussels extremely actively by British lobbies and is intended to implement and enforce new rules on other Governments across the European Union. That is the way in which democratic politics takes place to some extent above the national level.

The noble Lord, Lord Monks, talked about rebalancing. There is a good case for rebalancing competences between the European Union and its member states, but this would require the agreement of all 27 member states on the basis of negotiation and agreement. It would not be achieved through a unilateral decision.

The noble Earl, Lord Sandwich, asked a number of questions about the Balkans and Africa. Briefly, we are strongly in favour of Serbia finding its place within the European Union. We all understand the conditions which are required for that. We also support Kosovo coming into the European Union, but it will be a slow process for all the remaining Balkan countries. We have to make sure that they meet the criteria.

On the question of co-operation with China in Africa, the EU and the United Kingdom are working very closely on that. I hope the noble Lord noted Andrew Mitchell’s visit to China, during which he persuaded the Chinese to take part in the conference in Korea on the quality of aid. That is the basis on which we hope to find a closer partnership with the Chinese.

The noble Lord, Lord Newby, raised the issue of procurement. In December 2011, the Commission published new proposals to modernise the procurement rules, and I will write to the noble Lord in more detail on that.

The noble Lord, Lord Lea, asked about the Madagascar cyclone. The European Commission humanitarian office has provided nearly €20 million over the past five years for humanitarian response and disaster risk reduction, including cyclone-related support. Any future UK support is likely to be through multilateral channels, notably the European Union, UNICEF and the International Committee of the Red Cross.

I recognise that I cannot have covered all the points raised, but I will conclude by saying that the European Union as a whole is not in an easy position, as we all recognise. We are caught in a financial crisis that is also partly a fiscal crisis and which has contributed to a wider economic recession. We have to work together to resolve these crises—each member state is hobbled by its own domestic politics and the myths that float through the different national debates. It is not at all easy, facing successive rounds of domestic elections, for Governments and political leaders to rise above immediate interests and provide enlightened European statesmanship. The noises coming out of the French presidential election campaign this week illustrate that well. All of us, in all political parties, need to navigate carefully and reasonably between the pressures of our own domestic opinion and the obstacles created by domestic opinion in other countries. That is the task we all face and must all share.

European Council

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Monday 24th October 2011 Lords Chamber

[Lord Lea of Crondall]

My Lords—

[Lord Wallace of Saltaire]

That side.

[Lord Lea of Crondall]

The Prime Minister stated only a couple weeks ago, much to the annoyance of President Sarkozy, about the crisis that they—presumably, the eurozone—ought to sort it out. In a sense, I am responding to the question raised by the noble Lord, Lord Tebbit. Does the noble Lord the Leader of the House think that that is what the Prime Minister meant?

European Union Bill

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Thursday 23rd June 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, we are on the edge, between being in order or out of order. Perhaps I might repeat my noble friend’s request that the noble Lord, Lord Lea of Crondall, might now care to withdraw his amendment. The noble Lord, Lord Pearson of Rannoch, rightly pointed out that we are edging away from Third Reading and into Bill do now pass. I therefore suggest that we allow my noble friend to move the Motion that the Bill do now pass.

[Lord Lea of Crondall]

I thank the Minister for his reply. I will say for the record that I am taking it from what he has said that we will not have a blinkered or blindfolded ping-pong on the basis of asserting the primacy of the House of Commons. I hope not to be disabused of this but, reflecting on what the noble Baroness, Lady Williams of Crosby, has just said, I hope that these things will be considered very carefully. We are a mature democracy and there is a lot of mature thinking in this House. On that basis, I beg leave to withdraw the amendment.

European Union Bill

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Tuesday 3rd May 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, we have had a series of rather general debates, some of which relate to the amendment under consideration. However, I fear that several speeches have not referred at all to the amendment that we are discussing.

I first answer the broad and appropriate question that the noble Lord, Lord Williamson, posed. The Government’s case is that, under the terms of the Lisbon treaty, we now have considerable flexibility to do a great deal more within the current competencies of the European Union, some of which will be of definite advantage to this country, without needing further treaty change. The amendment seems to be based on an assumption that there is very little flexibility in the treaties, and that Britain is being pushed to the margins, stands alone, and will somehow be trapped by this. The coalition Government are making the case that we wish to make the best of our position in the European Union, but there is now a good deal of headroom and we are not cramped by current conditions. We are, as we will come to later, taking part in at least one exercise in what might become enhanced co-operation on the EU patent. The EU and Britain can work together within existing competencies for some considerable time to come.

On the previous day in Committee, I quoted David Miliband as saying clearly that, with the acceptance of the Lisbon treaty, we should now be entering a stage of consolidation in which we do not need further treaty change for some five to 10 years. If that turns out not to be the case, we will all have to deal with the situation as it then comes.

[Lord Lea of Crondall]

This is the most important point in the Bill. Are the Government now saying that if the Lisbon treaty says X, Y and Z, none of these clauses can in any way undermine it?

[Lord Wallace of Saltaire]

I was not aware that any of these clauses in any way undermined the Lisbon treaty. The noble Lord, Lord Kerr, who was much involved in the EU convention, is not here. Those of us who have read, as I have, a certain amount on the EU convention and the Lisbon treaty, which followed it, are well aware that the clauses on the emergency brake and passerelle were agreed after hard negotiations, in which it was not the United Kingdom versus all the others. Several member Governments in this now rather large and complex European Union wanted some reassurance that, as they touched on such sensitive areas as national sovereignty, law, finance and welfare provision—some of the issues covered by these emergency brake provisions—they would have, at the back, the ability to say, “No, we are not happy with what is proceeding”. That is what the emergency brake is about. It is not the case that Britain stands alone against 26 other member states that are determined to integrate further and sweep more powers into Brussels.

The United Kingdom and several others are pushing for further co-operation in a range of areas. Coalitions across the European Union differ according to each subject on which we negotiate. The noble Lord, Lord Liddle, knows better than me what it looks like once you are inside government. The emergency brakes are there to reassure member states—their public and their Governments—and those who care not just about the peculiarities of English criminal law and justice but about those of Polish and Romanian criminal law and justice. I have read what the then Foreign Secretary, Jack Straw, said about this when he gave evidence to the House of Commons European Scrutiny Committee on the Lisbon treaty. He said that the Government hoped that the emergency brake would never have to be used, but that it was there as a reassurance to national Governments. I emphasise “Governments”; this was not just about the British.

Jack Straw went on to say to the House of Lords European Union Committee:

“So it is an additional protection and I think really rather an important one”.

Perhaps the noble Lord, Lord Liddle, drafted this. Jack Straw then said:

“Again, it is quite a paradoxical point but I think the effect of it may be to provide greater confidence to British Government to get involved in opting into instruments, which is actually in principle what we want to do, and having done that then some additional surety which will get a satisfactory answer so that we do not have to apply the emergency brake”.

The noble Lord, Lord Liddle, said that sometimes the arguments around all this are arcane and of mind-boggling complexity. That sentence was not the easiest to read. However, the whole purpose of the emergency brakes is precisely to reassure national Governments on sensitive issues. It is not intended that they should be regularly used. It is highly unlikely that any Government will wish to remove them in the foreseeable future. Therefore, I suggest humbly that this amendment is one of the least useful that we have to consider.

European Union Bill

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Tuesday 22nd March 2011 Lords Chamber

[Lord Wallace of Saltaire]

The noble Lord is well aware that we have had major and minor amendments of the treaty, but in each case and on each occasion they have covered a range of issues.

Clause 18 is a declaratory clause. There is nothing wrong with having a declaratory clause; Magna Carta was intended to be a declaration of existing rights of the members of the public in Britain who mattered in those days—the Peers—but it reasserted what they understood to be the existing situation.

[Lord Lea of Crondall]

Would the Minister respond to the point that, in so far as Clause 18 has any logic, it is a dog whistle to those who want to believe that we will be not at the heart of Europe but in the second tier of a Europe of enhanced co-operation, which could be a disaster for British foreign policy?

[Lord Wallace of Saltaire]

My Lords, I do not accept that but we will come back to it when we discuss the issue in detail. Several noble Lords, including the noble Baroness, Lady Symons, insisted that the doctrine of parliamentary sovereignty was simple. I think she said that it was a matter of basic civics. The noble Lord, Lord Richard, said that it was a clear and simple doctrine. I recommend that noble Lords read the debates of the European Scrutiny Committee of the House of Commons between the chair of the committee and a succession of law professors. These became increasingly a matter of anxiety over whether the doctrine of parliamentary sovereignty was one of absolute sovereignty, a legal doctrine or one in which the courts play a part. That is why we had the argument over the change in the exact phrasing of the Explanatory Notes.

The doctrine of parliamentary sovereignty, as we have been in the process of discovering, is not entirely easy to understand. In its declaratory nature, Clause 18 restates an understanding. It draws a line for all to take. It does not introduce any new legislation. We will have to work from that and the courts will work from that. As various noble Lords have said, there are those from various sides who currently question the role of the courts. From my own perspective and that of my party, parliamentary sovereignty in a liberal democracy is part of the balance between the rule of law and popular democracy. That is another issue to which we will need to return on future occasions.

Diplomacy

Debate between Lord Wallace of Saltaire and Lord Lea of Crondall

Thursday 11th November 2010 Lords Chamber

[Lord Lea of Crondall]

My Lords, I welcome the debate introduced by my friend—if I may call him that, as he is my friend—the noble Lord, Lord Hannay. I was in the UKREP office referred to by the noble Lord, Lord Monks, on the very day that David Hannay’s name was in the papers—I think it was the Daily Mail—as being appointed a people’s peer. The people in UKREP said that they had not heard anything so funny in their lives.

I add my thanks to the right reverend Prelate the Bishop of London, about whose diplomatic experience, in the broadest sense of the word, we have just heard. I have witnessed the remarkable outreach job that he does in the St Paul’s area and in London generally—a job that the Anglican community does in many countries around the world.

My noble friend Lord Monks—John Monks—is the fifth former general secretary of the Trade Union Congress to come to this House. He joins an illustrious list: Walter Citrine, who had an historic reputation in the trade union movement, including for his short book, The ABC of Chairmanship, which is used from the Pacific Islands to the Falkland Islands; Vincent Tewson, who followed Lord Citrine; and Victor Feather—George Woodcock must have declined the invitation, but I do not know that for a fact—who took the TUC through the difficult years of 1969 to 1973, from the proposals of Donovan and In Place of Strife to Ted Heath and all of that.

John’s only fault is that he is too fond of irony. At a meeting with Mrs Thatcher in 1980 on the issue of red tape—too much regulation on small firms and so on—John asked, tongue in cheek, “So why not exclude small firms from the 30 miles an hour speed limit?”, at which point Mrs Thatcher turned to a civil servant and said “Take a note of that”. The white van man has certainly taken a note of it.

There is another similarity between working for the TUC and the Diplomatic Service. I was reminded of this only yesterday when the noble Lord, Lord Hannay, chaired a meeting with senior American diplomats on Afghanistan through the All-Party Group on Multilateral Nuclear Disarmament and Non-Proliferation, of which I am the secretary. One of them remarked that it might be useful to distinguish process from outcomes. I recognised that distinction and noted that trade union officials do that every day of the week. Before John mentioned the trio—now the duo—sitting in front here, I thought that perhaps the TUC should do some job swaps with the Foreign Office, but I think that they are probably already doing it.

I have given the Minister—whom I admire without always agreeing with him—notice of this question: what is the headcount of the FCO and DfID at the present time, both in Britain and overseas? In the latter case, there is also the separate category of locally employed staff. We need to be able to track where, when and how this transition takes place, with the position before the cuts being the benchmark or starting line.

I know from experience that, if there are missions from five, six, seven or eight different European countries in a small African or South American country giving different advice about auditing, project finance or whatever, the messages from London, Berlin, Paris and Stockholm and so on are different, no matter that they get together once a week. Reality stands all this talk about defending the national interest on its head, because small countries often have only one man and a dog to listen to all the conflicting advice. That can be counterproductive and give a totally wrong impression. I have seen countries in many parts of the world waste the time of a very small number of competent people.

Someone should, therefore, challenge the doctrine of keeping all the UK missions quite separate. As we have very distinguished diplomats, we should—here I follow the message of the noble Lord, Lord Hannay—be on the front foot in the European External Action Service.

Coming to my final sentence, I have some sympathy with the argument about the cuts—

[Lord Wallace of Saltaire]

My Lords, we are very tight on time.

[Lord Lea of Crondall]

But that is an economic argument that goes wider than this debate.