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

Debate between Lord Wallace of Saltaire and Lord Ramsbotham

Tuesday 5th November 2013 Lords Chamber

[Lord Ramsbotham (CB)]

My Lords, I should make it abundantly clear from the start, as I have done to the Leader of the House and the Minister, that far from being a wrecking Motion, this is a saving Motion designed to save the Government from doing untold damage to a very precious part of the big society that they claim to champion—namely, the voluntary sector—and to save the vast majority of voluntary sector organisations which have nothing whatever to do with the electoral process. That is why my Motion is confined to a very specific part of the Bill and organisations with which I and, I suspect, every other Member of the House are in regular contact.

I freely admit that it would have been more normal for me to have tabled my Motion at Second Reading, but it was only when the masterly report of the Commission on Civil Society and Democratic Engagement entitled Non-Party Campaigning Ahead of Elections, under the outstanding chairmanship of my noble and right reverend friend Lord Harries of Pentregarth, was published after Second Reading that the need for urgent preventive action became abundantly clear. The report accentuated the points made by the constitutional Select Committees of both Houses and the Joint Committee on Human Rights to the effect that there are serious flaws in what is being proposed that the Government need to address. However, these could have been exposed had the Government allowed the three-month consultation period that hitherto they had been so keen to promote. By not engaging with the sector and pressing ahead with the Bill, which essentially addresses political matters, the Government appear to be oblivious to what they claim to be the unintended consequences for what I described at Second Reading as one of the “jewels in our national crown”; namely, the vast number of organisations that have nothing to do with the political process.

Last week, when we debated the unfortunate redundancies imposed on members of the Armed Forces within days and weeks of qualification for pensions, I mentioned the damage that this had done to the all-important mutual trust that there should be between government and people. I fear that the way that this Bill is being handled will seriously damage the trust that the voluntary sector has in the Government, which is something that the alleged champions of the big society can ill afford to lose. Indeed, the very clear exposition of the consequences set out in the commission’s report reminds me of the most succinct but unenforceable instruction that I ever saw in the Army: a note pinned to a company notice board which read, “A breach of common sense is a breach of the rules”. I was therefore glad when the Leader of the House contacted me last night, after I had tabled this Motion, to see whether there was a way of avoiding confrontation—which was, I assured him, the very last thing I wanted.

I hoped that a way could be found to mitigate the damage that had been done and to assuage a voluntary sector that is understandably worried and incensed. As it forms such an indispensable and irreplaceable part of our national infrastructure, I have to admit that I was amazed that the Government did not realise the risk they were running in tabling this part of the Bill. At Second Reading, I asked why the Secretary of State for Justice had not complained about the likely damage to those voluntary organisations that he hopes to engage as partners in his rehabilitation revolution. Like me, many Members of the House are wearing the annual symbol of the Royal British Legion, which, along with countless other organisations helping military veterans, is deeply concerned about these clauses.

During the day today I have had meetings with the Leader of the House, the Minister, the Leader of the Opposition, the opposition Chief Whip and the noble Baroness, Lady Hayter of Kentish Town, as well as regular contact with the voluntary sector. As a result of that, the Leader of the House has given me his word that he will alter the order of consideration of the parts of the Bill and instruct the Minister to consult my noble and right reverend friend Lord Harries over the composition and terms of reference of an examination of the recommendations of the reports of the two constitution committees and the Joint Committee on Human Rights, as well as of the report of the commission, and to produce a report to the whole House before a delayed Committee stage. I know that many in the House and in the deeply suspicious voluntary sector will feel that the Leader’s word is not enough and that what he has offered is less than I was seeking, which was for a Select Committee to be allowed to specify a three-month consultation period to conduct a similar inquiry.

The Leader added that, of course, opportunities still remain for amendment in Committee and on Report. As a soldier, I am accustomed to accepting pledges given by my Government in good faith. Therefore, if I do not press my Motion to a Division, knowing that I shall face the opprobrium of those members of the voluntary sector who do not share my faith, I would be doing so because the word of the Government is on the line. I know that this House and the nation know what to do and to think about those who do not keep their word. If the regulation is felt to need tweaking, by all means tweak it, but not in this way. I beg to move.

[Lord Wallace of Saltaire (LD)]

My Lords, I am grateful to the noble Lord, Lord Ramsbotham, for coming to talk to the Leader of the House and me this morning to set out frankly his concerns about the passage of the Bill to date. Following our conversations, and having taken on board his constructive suggestions, I am glad to say that we seem to have an agreed way forward. I believe that we have come up with a way of delivering a pause in our consideration of Part 2 of the Bill so that there can be wide consultation over the coming weeks and so that the Government can try to address the concerns of those involved and interested in Part 2.

One of the suggestions made by the noble Lord, Lord Ramsbotham, was that we could revise the order of consideration to delay our consideration of Part 2. I can undertake to return to the House tomorrow with a revised order of consideration Motion, to take Parts 1 and 3 first and Part 2 last. I understand from the Chief Whip that I can also undertake that the two days in Committee on Part 2 will not be scheduled before 16 December, on the understanding that we need to finish Committee this side of the Christmas Recess. That effectively gives a near six-week pause in our formal consideration of Part 2.

In that period, I and my colleagues in Government responsible for the Bill will consult widely with all the interested parties—Members of the House and the many others outside. We intend to draw on the work of the Commission on Civil Society, chaired so ably by the noble and right reverend Lord, Lord Harries of Pentregarth, and to build on it so that the charity sector has a proper opportunity to explain to the Government its concerns not only with this Bill but, as we discovered in our conversations, with the current statute electoral law in this area, in particular the Political Parties, Elections and Referendums Act 2000. We can also consider the reports generated by the two Houses. I also hope to facilitate further discussions between the Electoral Commission and the Charity Commission about each of their sets of guidance, in the hope of achieving something straightforward and agreed for those who have to work within it.

If the commission of the noble and right reverend Lord, Lord Harries of Pentregarth, could report in three weeks, I am confident that we can find a solution in nearly double those three weeks. I stress that we are listening and that we want to listen. We have already shown willing: we announced this morning that we will bring forward an amendment, the effect of which will immediately be to exempt all smaller charities from the provisions of the Bill. If that listening ultimately proves not to satisfy all the concerns in this House, then there can of course be Divisions in Committee and on Report, as is usual and proper, and the House will have a final opportunity to stop the Bill completely on the Motion that the Bill do now pass at the end of the process. The House will therefore scrutinise the Bill in detail.

I believe that my proposal satisfies the concerns that the noble Lord, Lord Ramsbotham, and others hold and offers us a practical way forward this afternoon, one that will better enable the House to go about its scrutiny of the Bill as we all seek to get it right.

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[Lord Wallace of Saltaire]

I give an absolute assurance that we will take that fully into consideration. If the noble Lord would like to come to talk to me about it, I will be very happy to hear from him as well as from others.

[Lord Ramsbotham]

I am very grateful to all those who have spoken in this short response to the Motion. In particular, I paid great attention to what the noble and learned Lord, Lord Mackay, said. In fact, in preparation for this, I consulted a previous recommendation to a Select Committee, which was made by my noble friend Lord Owen at the time of the Health and Social Care Bill. It was proposed and debated, but it related to a constitutional measure rather that a measure like this. However, I entirely agree with the noble and learned Lord that the processes of the House should be allowed to proceed.

After reflecting on this and, in particular, listening to the noble Baroness, Lady Hayter, and her catalogue of things that need to be addressed, which I did not list, I hope that the Minister will be able to exercise the flexibility that the noble and learned Lord, Lord Mackay, mentioned, and that if, when this consultation and examination gets under way, it is discovered that the work needed cannot be done in the time before the new date for Committee, rather than rush things through, consideration will be given to pushing the Committee date yet further back to enable all the proper consultation and examination. As the noble Lord, Lord Greaves, and others said, this is a hugely important matter that cannot be allowed to go by default.

However, in the spirit of the assurances given to me by the Leader of the House, I beg leave to withdraw the Motion.

Motion withdrawn.

Armed Forces Bill

Debate between Lord Wallace of Saltaire and Lord Ramsbotham

Tuesday 6th September 2011 Grand Committee

[Lord Ramsbotham]

My Lords, I will add one thing to what the noble Baroness has said. One of the bodies taking most action against the Government as regards the Chief Coroner is the Royal British Legion. It has worked with the charity Inquest, which looks after bereaved families, and has presented a powerful case. That case would be a great deal more powerful if the Ministry of Defence took as strong a line on behalf of serving people affected by this matter as the Royal British Legion is taking on behalf of veterans.

[Lord Wallace of Saltaire]

My Lords, inquests are a crucial part of how we now support those who have made the ultimate sacrifice in the service of their country. Previous generations had to make do with a letter which said little about what happened. Over the past 30 years military inquests have evolved. It is fair to say that they are still evolving. A decision has been taken not to go down the road towards separate military inquests but to allow inquests on deaths in the Armed Forces abroad to be conducted by the civilian coroner service.

It is fair to say that the majority of inquests have been very well conducted and have been very helpful to the families concerned; those families have made that clear. Inquests, of course, bring very mixed emotions. On the one hand, it is right and proper that families have the opportunity to learn in detail how their loved ones died, hear witnesses and ask hard questions. On the other hand, each inquest brings home to the family and to everyone else the tragedy of loss and the human cost of the operations on which we have embarked. As noble Lords have remarked, the change in the character of warfare means that the technical details that inquests now have to go into are also evolving. Ensuring that the inquest system is fit for purpose in meeting the needs and expectations of bereaved service families is an important responsibility for any Government. The Joint Ministerial Statement on military inquests made to Parliament each quarter—the noble Baroness, Lady Finlay, referred to this—bears this out and provides valuable information.

We recognise this topic as an important element of the Armed Forces covenant, particularly in the current sad circumstances where in recent years we have suffered a substantial number of casualties in Afghanistan. In current circumstances, we therefore fully expect it to be covered in the annual report. However, noble Lords can also imagine a happier time when the operation of the inquest system will be of less concern to the Armed Forces community because we might not then be involved in deployed operations or suffering fatalities. It is not a perennial issue like healthcare or education. The amendment would, however, force the Secretary of State to examine it in those circumstances as well as those of today. We would lose the flexibility to focus the report on the key issues of the day. Our concern with key issues changes over time, so our argument for flexibility in the report is precisely not to enshrine in statutory form today’s definition of what the most important issues are.

I therefore suggest that our own approach, giving the Secretary of State the discretion to decide which topics should be covered, is a better one. However, in no way does this fail to recognise the importance of the good conduct of inquests for the families of those who have died on active service abroad. It is an extremely important topic which the Ministry of Defence recognises and which will, under the current circumstances, clearly form an important part of any report. Having said this, I hope that the noble Lord, Lord Rosser, will not press his amendment.