Lobbyists: Register

Debate between Lord Wallace of Saltaire and Lord Tyler

Thursday 12th March 2015 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I do not share that view. From the last four years of dealing with how one implements greater transparency in lobbying, I have learnt that it is impossible to satisfy everyone—indeed, it is very difficult to satisfy anyone. The various associations of professional consultants, lobbyists and others have all in some ways campaigned against it. People have said that MPs and Peers should all be on the register; last week we were told that the Australian system is infinitely inferior to the current British system; et cetera. We are taking a step forward. We have resisted the idea that everyone who lobbies should be on the register, because that would produce a vast register. We are starting by trying to make consultant lobbyists much more transparent about on whose behalf they are lobbying. That is the purpose of the measure.

[Lord Tyler (LD)]

My Lords, this Government are of course the first to record all lobbying meetings with Ministers, but does my noble friend recall that if any organisation—say, Tesco—has meetings with government, it is very difficult to see how many meetings have taken place? Indeed, if one wanted to analyse that over a year, one would have to look at 108 separate spreadsheets. My noble friend will recall that I was given a specific assurance that that problem would be addressed during the passage of the Transparency and Lobbying Act. Do we now have a register of lobbying, so that we can see where those meetings are taking place? Can he confirm that the process will be improved before Dissolution, so that at least the next Government can have a transparent regime?

[Lord Wallace of Saltaire]

My Lords, all of us in the Government are well aware that each three months our meetings are pored over and officials ask us to specify who met us, and on whose behalf if that is not entirely clear. I recognise that that has not been pulled together for all members of the Government and we should perhaps look at finding a programme which will enable us to pull all that together more easily. However, we have made progress. Whoever forms the Government after the election will discover how immensely difficult this area is and will, I suspect, decide to let this legislation bed down for a period before they move on to the next step.

Electoral Registration

Debate between Lord Wallace of Saltaire and Lord Tyler

Tuesday 3rd March 2015 Lords Chamber

[Lord Tyler]

To ask Her Majesty’s Government what steps they are taking to identify areas with underperforming electoral registration officers, and to issue directions to ensure the maximum possible number of eligible electors are registered.

[Lord Wallace of Saltaire (LD)]

My Lords, the performance of electoral registration officers is monitored and reported on by the independent Electoral Commission. The commission’s most recent assessment, in June 2014, showed that the large majority of EROs are performing well against the performance standards set. Where problems are found, the Cabinet Office and the Electoral Commission work closely with the EROs to ensure that they are implementing their public engagement and implementation plans for the transition to individual electoral registration.

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[Lord Tyler (LD)]

My Lords, did my noble friend see that, yesterday, the chair of the Electoral Commission reported to the Select Committee in the other place that 2 million applications to register have been received since 1 December? The position is improving. But I hope he agrees that the situation is very mixed locally. Given those circumstances, are the Government looking at the proposal from the Electoral Commission that it should be in a better position to monitor and instruct electoral registration officers locally? The commission recommended:

“Should any ERO decide not to undertake such activity, the Commission will make a recommendation to the Secretary of State to issue a direction to require them to do so”.

Is it not time for the Government to respond to that recommendation? Indeed, is it not time to name and shame those local authorities and those EROs who are simply not doing their job?

[Lord Wallace of Saltaire]

My Lords, the evidence that a large number of EROs are not doing their job is not there. Five of the six EROs who were rated last year as not having achieved their performance standards were in Devon and Somerset, rather to my surprise, and not in Labour-held areas—in Devon and Somerset, it tends to be either Liberal Democrat or Conservative seats. The question of training is one that we are well aware of. The Electoral Commission works with the Association of Electoral Administrators and others to ensure that EROs are well trained and do their job as well as they can.

Recall of MPs Bill

Debate between Lord Wallace of Saltaire and Lord Tyler

Monday 2nd March 2015 Lords Chamber

[Lord Wallace of Saltaire]

Yes, we will make exceptions in some cases—particularly for the sons of Church of England clergymen.

Standards have developed and moved, and we are discussing how we would advise the House of Commons and how the Government should respond to the House of Commons on its proposals to move the Standards Committee further. The recent report calls for an increase in the number of lay members—we have had three lay members since 2013—and in their representation as a proportion of the committee. The Government already have a high regard for the lay members of the Standards Committee and appreciate the very important role they play in the work of the committee. The three lay members who currently serve have clearly made a valuable contribution and add an important level of independence to the process.

The Standards Committee report has only very recently been published and the Government have not found time to agree a formal response—the matter is, after all, in principle for the Commons itself. If I may say as clearly as I can, the Government can see no reason at all why there should not be an increase in the number of lay members of the committee, as proposed in the Standards Committee’s report. The disciplinary procedures of the House of Commons are, in principle, a matter for that House as a whole. It is for the Government to facilitate a debate in which the report of the Standards Committee can be considered in detail and consequent changes agreed.

I would urge this House to ponder carefully any course of action that might be interpreted as pressuring, influencing or leaning on the other place to make such a significant change to its disciplinary procedure. After all, we come up against issues of parliamentary sovereignty and parliamentary privilege.

[Lord Tyler]

I am grateful to my noble friend and recognise that he is in a difficult position for the reasons he has just enunciated. We do not want to look as if we are telling the House of Commons when it should take its business, but can he at least, say, on behalf of the Government, that it would be the hope and intention of the business managers for the extremely important report from the Standards Committee to be addressed and, I hope, action taken before the Dissolution of this Parliament later this month? May I appeal to the Minister to ignore the pleas from the ultra-conservative tendency in this House, represented by the noble Lords, Lord Howarth and Lord Cormack, who I think have not read the report of the Standards Committee which addresses very carefully the issues of parliamentary sovereignty and parliamentary privilege?

[Lord Wallace of Saltaire]

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

Recall of MPs Bill

Debate between Lord Wallace of Saltaire and Lord Tyler

Tuesday 10th February 2015 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I will certainly take that back and see what the Government can do. I hope that I have provided constructive answers to a very constructive debate, and I urge my noble friend to withdraw his amendment.

[Lord Tyler]

May I ask my noble friend, with his very important noble friends on the Front Bench, to give the House an assurance that there will be no accelerated process towards Third Reading until these matters are properly discussed and resolved both in this House and in the other place?

[Lord Wallace of Saltaire]

My Lords, we intend to proceed to Third Reading with all deliberate speed. The House will, of course, be in recess next week.

[Lord Tyler]

My Lords, I am grateful to all Members who have contributed to this debate. I wish that we had had a general debate of this nature rather earlier in the process on this Bill. The central point is that my noble friend has just said that he does not agree with our solution. He does not appear to agree with that of the noble Lord, Lord Campbell-Savours, either, but he seems to recognise that some solution is necessary. That leaves us in a most extraordinary situation. The Government agree that this is unfinished business, yet they have produced no solution. I am afraid that that is an unsatisfactory situation.

Fixed-term Parliaments Act 2011

Debate between Lord Wallace of Saltaire and Lord Tyler

Tuesday 27th January 2015 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, that is something that we need to learn about five-year Parliaments. There are some very good proposals from the Institute for Government and from the Political and Constitutional Reform Committee about how best to use the fifth year of a Parliament to discuss some of the issues that any Government will have to deal with—for example, Green Papers on the future of the National Health Service, et cetera. That is something which, in a future five-year Parliament, perhaps with another stable coalition Government, we might do. We have delivered stable government through difficult economic times for five years, unlike the Labour Governments of 1974 to 1979, and others. That is a very major advantage.

[Lord Tyler]

My Lords—

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[Lord Tyler]

My Lords, will my noble friend confirm that there are 19 government Bills still in play in this Session and a further 14 government-backed Private Members’ Bills? There are a number of draft Bills and more than 90 statutory instruments, so this Parliament still has a lot of work to do. Does he agree that anyone who attended our very interesting debate yesterday on the Counter-Terrorism and Security Bill or indeed the debate on the Infrastructure Bill in the other House can see that Parliament is working really hard at the moment? Any suggestion that this is a zombie Parliament is ridiculous. Has my noble friend also noted that the Labour Opposition in the other House constantly complain that they have not enough time whenever a programme Motion is recommended?

[Lord Wallace of Saltaire]

My Lords, I think that we stand a good chance this time of avoiding the dreadful experience of the wash-up which we have had when elections are called at short notice and the rushed election campaigns which follow.

Recall of MPs Bill

Debate between Lord Wallace of Saltaire and Lord Tyler

Wednesday 14th January 2015 Lords Chamber

[Lord Wallace of Saltaire]

I am not aware of what the Speaker did on the same day. I will certainly look at that.

[Lord Tyler]

I shall assist my noble friend briefly on this because I think there is a potential anomaly, as the noble Lord, Lord Grocott, says. What it stems from is that the suspension that is handed down from the Chair by the Speaker, the Deputy Speaker or whoever may be in the Chair at that time is, as I understand it, always related to behaviour in the Chamber. A suspension which is recommended to the House by the Standards Committee is, as has been said by a number of noble Lords, on the basis of a commissioner’s investigation of serious wrongdoing. The committee then decides whether that wrongdoing is an appropriate decision and then decides, again on recommendation, what the verdict should be. That is quite distinctly different.

It may be that there have been circumstances—I cannot put my hand on my heart and say—where the Speaker has laid down such a very long suspension. Throwing the Mace around in the Chamber was the big case, was it not? I do not know whether that exceeded 10 days. I think that the noble Baroness, Lady Taylor of Bolton, is right to say that it would be very exceptional for the Speaker, in circumstances of that sort, to insist on the suspension of a Member in any way that would trigger the 20-day limit—but it might trigger the 10-day limit. That is an additional reason for this House to ask the other House to think again about the number of days’ suspension that should trigger the recall procedure.

I do not know whether I entirely answered the noble Lord, Lord Grocott, but perhaps I have given my noble friend on the Front Bench time to think about it at least.

Representation of the People (Scotland) (Amendment No. 2) Regulations 2014

Debate between Lord Wallace of Saltaire and Lord Tyler

Wednesday 19th November 2014 Grand Committee

[Lord Wallace of Saltaire (LD)]

My Lords, I will speak also to the Electoral Registration Pilot Scheme Order 2014 and the Representation of the People (England and Wales) (Amendment No. 2) Regulations 2014.

The Committee will be aware that individual electoral registration was successfully introduced on 10 June in England and Wales and on 19 September in Scotland. For the first time ever, people in Great Britain can apply online to register to vote. To date, some 67% of the 3 million people who have applied under IER have done so online. The draft instruments before the Committee today will make some further refinements designed to improve the operation of IER.

As noble Lords will remember, this is one of a long series of statutory instruments in this process. The process is being taken through with considerable care. Our aim is to ensure that the largest possible number are registered as we make the transition and that the integrity of the register is maintained as we do so. So far, the process has gone well. The matching process has been more successful than we expected, but we are concerned to maximise the number all the way through and we will be maintaining our efforts until the next election and beyond.

The Electoral Registration Pilot Scheme Order 2014 will establish a pilot scheme, enabling information about entries in electoral registers in 24 areas in England, Wales and Scotland to be compared with information held by the Secretary of State for Transport about individuals’ driving records and vehicle registration documents. The current IER system involves matching data against DWP records, and we are keen to see if there are other public data sets that could be used as well to increase the completeness of the electoral register. The order will require participating EROs to disclose their registers to be matched, including the use of the IER digital service, against name, address and, where held, date of birth information to be provided by the Department for Transport and the Department for Work and Pensions.

The Committee may recall noble Lords’ support for using DVLA data during the passage of the Electoral Registration and Administration Act, and will be pleased to see this practical scheme to pilot the use of this data. In 2011 a small-scale pilot indicated that using DVLA data, in addition to the match with DWP data, might increase the confirmation rate by a further 10%. The pilot scheme established by this order will test whether DVLA data will indeed add significantly to the confirmation match rate. The scheme will also allow for the piloting of data matching using DVLA data to identify potentially eligible individuals who are not currently registered. The pilot scheme will end on 30 June 2015.

I have heard, anecdotally, that people—particularly young men—who move very frequently do not on the whole bother to inform the state agencies with which they interact of their new address, including not reregistering with doctors. However, we are told that they do ensure that their driving licence is up to date and the right address is on it, so the DVLA data may help us in teasing out one of the under-registered groups in the population: young, unmarried men living in rented accommodation.

The Representation of the People (Scotland) (Amendment No. 2) Regulations 2014 and the Representation of the People (England and Wales) (Amendment No.2) Regulations 2014 will enable Crown servants and British Council employees living abroad to register online. The current electoral registration process for Crown servants and British Council employees relies on a paper-based declaration sent via the individual’s organisation, as well as an application to register. This means that these individuals cannot currently apply wholly online. The changes set out in the draft regulations enable them to do so. The figures that I have already given showing the high percentage of people who have registered online in recent months suggest that it would be very advantageous to enable them to do so. The regulations also replace the requirement to send the declaration via the employer, with a requirement for people, as part of their declaration, to supply their staff number or payroll number. The electoral registration officer will then be able to check with the employer that the applicant is entitled to register by virtue of a declaration.

In addition, EROs will be required where necessary to send a second reminder to people, such as overseas electors or service voters who are registered by virtue of a declaration, that their declaration is about to expire. Noble Lords may recall that in May the House approved regulations that disapplied the follow-up process for overseas and service voters, and may wonder why we are now being asked to apply it again. The answer is that we are not proposing to reinstate the previous process that would have required EROs, after the expiry of the declaration, to send an invitation to register to special category electors, followed up by two reminder letters and, theoretically, a visit by a canvasser. That process would have been expensive and impractical in the case of many special category electors, and it is right that it is no longer a mandatory requirement. Instead we are introducing a requirement for EROs to send just one further reminder to those special category electors whose declaration has not yet expired but which is about to do so. I am told that in a large number of cases, online addresses are available and it will be possible to do this online. This is a relatively simple step to take, without the need for the more protracted subsequent process that we rightly removed earlier in the year. The regulations also make minor updates to statutory references to registration appeals.

The Scottish regulations will also extend to Scotland one of the provisions on data sharing by local authorities for electoral registration purposes that were introduced for England and Wales in May. These allowed for the disclosure to an ERO of information contained in records held by the authority by which he or she was appointed, provided that a written agreement was in place between the authority and the ERO as to the processing of the information.

The different local government structure in Scotland rendered a provision for two-tier area data sharing, as set out in the legislation introduced for England and Wales, unnecessary. At quite a late stage in the drafting of the England and Wales legislation it was decided to provide additionally that the ERO’s own local authority may disclose its data to the ERO, provided that a written agreement was in place covering the use of the data. It appeared that such a change might also be relevant to Scotland but we undertook to consult EROs and local government organisations in Scotland about that before we sought to legislate. That has now been done. Here, therefore, is the regulation.

The Electoral Commission is content with the provisions of these instruments and the Information Commissioner did not consider that they raised any new or significant data protection or privacy issues. The three statutory instruments before the Committee will each play a part in the continued successful implementation of individual electoral registration in Great Britain, and I commend them to the Committee.

[Lord Tyler (LD)]

My Lords, I want to speak particularly to the second statutory instrument in the group, which relates to the pilot scheme to which my noble friend referred in the early part of his remarks. He quite rightly—and I welcome this—spoke of the whole context of this transition to IER. Those of us with the battle scars of a number of debates in Grand Committee over many years, going back to the previous Government—IER was a previous Administration’s initiative—will recall that this context has caused quite a bit of controversy, and rightly so because, as he emphasised, the register is a critical foundation stone of our whole representative democracy. The present Government, the coalition Government, have not changed the transition in any substantial way but accelerated the process. So my noble friend has rightly referred to the extent to which the Government are determined—I think the phrase he used was that they intend to take “considerable care” in how this transition proceeds. It is in that context that these orders are so important.

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[Lord Wallace of Saltaire]

My Lords, I thank both noble Lords for their helpful and intelligent comments. I start by reminding them that in another area of the Cabinet Office, we are much concerned with data sharing, digital privacy and the whole question of public and private data. Concerns about data privacy have been one of our inhibitions about moving in this area. Unfortunately we have not managed so far to bring forward a Bill to harmonise and update the laws which apply to different government departments on their collection and maintenance of data, many of which were put into effect long before cloud computing and two or three generations back in terms of the use of computers. The terms under which some government departments hold data are significantly different from those of other departments. I am sure I do not need to tell noble Lords that the sensitivities of the privacy organisations are such that we move with care in data matching, certainly in disclosure, both between different central government departments and between local authorities and central government departments. This is one reason why we have moved with all deliberate speed on this, using, first of all, the DWP database and moving on from there to the DVLA database. When we started out on this process there was some hesitation within the Department for Transport as to the terms under which the DVLA database ought to be made available for these purposes. We are in a very sensitive area in terms of data privacy and data sharing.

[Lord Tyler]

Before my noble friend leaves that point, is he saying that there was actually some legislative, statutory problem with the DVLA which did not apply to the DWP? If so, I totally understand the delay, but three years of delay because of some administrative, bureaucratic decision making within the Department for Transport is more depressing. I accept that good progress has been made and I hope my noble friend has not taken my contribution as being in any way negative about the overall process. However, this particular episode is not a very happy one since we were raising these issues more than three years ago.

[Lord Kennedy of Southwark]

The noble Lord, Lord Tyler, makes a very fair point. We are all looking back with care: we understand that we have to be right and proper, but it comes with a bit of a spring in your step at the same time. There is a question of care and there is also just not moving very quickly. I think we need to get on with it.

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[Lord Wallace of Saltaire]

I would mark that after the next election, we will have a major debate and a draft Bill on the question of data sharing. If we were to access the Google and Amazon databases, I am sure that that would go a good deal further to identifying those who are not on the register, but the Government do not have the legal right to do so, and again, it raises huge questions of privacy.

I think it was the noble Lord, Lord Tyler, who raised the question of an additional door-to-door canvass in the spring of 2015. When I visited the ERO for Wandsworth a couple of years ago—I should mention that the Wandsworth ERO is a member of the Government’s consultative panel—he told me that given the mix of sheltered social housing and new apartment blocks at the top end of the market, the borough of Wandsworth now has some 25,000 homes that are behind locked doors. The problem of gated accommodation, which all of us who deliver leaflets are painfully aware of, is making it more and more difficult to conduct the door-to-door canvass that we used to think was such an important part of the exercise. That is why we have to do all these supplementary things as far as we can. We intend to complete a door-to-door canvass as far as possible, but that is becoming much more difficult as we go on.

I will have to write to the noble Lord about precisely who was on the advisory panel of EROs. I have met a number of EROs during the last three years of the process, and have much enjoyed talking to them about the particular issues with which they are concerned. I will happily write on that.

There were a number of other questions. Why has it taken us so long to get round to data matching? I have explained that DWP records actually took us a very long way, and we are now seeing what we can do to gain further completeness. I was asked whether it was a cross-section of 24 areas—incidentally, it is 24 areas but 21 electoral registration officers, because in Scotland the electoral registration system covers several local authority areas. The areas range from Harrow, Southwark and Trafford to the City of Edinburgh, Bournemouth, Coventry and Newport—a fairly good mixture. I have marked one or two areas which have a high concentration of students and several inner-city areas. It includes the City of Edinburgh, for example, as well as Stratford-on-Avon. It is a pretty good cross-section of the country.

The noble Lord, Lord Kennedy, rightly keeps pressing us—as I hope he will continue to—on how confident we are that we will come out with a higher rate of registration than before. I can say only that we are continuing to work towards that objective. We have made some extra funds available to local authorities for this and we are now considering whether further additional funds would be helpful. From what has happened in the last two or three elections, we all know that late registration produces a great boon. We will not know how successful we have been probably until the middle of April 2015, because a lot of the target groups will not have got round to filling in their online forms until the campaign is upon them.

The Government will continue to stress the importance of registering and of people being involved. We are working with a number of non-governmental organisations. I spoke at a Bite the Ballot conference a couple of months ago. Bite the Ballot is working very hard, as are a number of other organisations, with particular vulnerable groups—in its case, young people. However, it is a matter for all of us, in all political parties and beyond, to keep up the momentum as we approach the election of saying that it is very important that you register to vote and that you do vote. That is the final dimension of trying to capture the maximum number of people.

I have two other things to add about the overseas dimension.

[Lord Tyler]

I am sure, from the long experience that my noble friend will acknowledge, that the best possible way to get people to register and to vote is to have a very close election, as was demonstrated in Scotland, of course. When I got a majority of nine, I managed a turnout of 83% on a very wet and cold night in Cornwall. When my majority went up, the turnout went down. I do not know how he can achieve a close result in every constituency in the country, but that is the ideal way to get a good turnout next May.

[Lord Wallace of Saltaire]

I will not have to organise the next election. Many of us fear that it will be very disorganised in this respect and that the competition among four or five parties nationally, which will quite often be a competition between different pairs of parties in different constituencies, may make for an extremely confusing election campaign. I spoke at an annual general meeting in Yorkshire and said that I thought we were going to have what would feel much more like a series of by-elections across the entire country. It will be very different constituency by constituency when it comes to it, but let us hope that it does raise the interest.

On the question of overseas voters—

Hansard Society: Audit of Political Engagement

Debate between Lord Wallace of Saltaire and Lord Tyler

Thursday 16th October 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I entirely agree that this is an extremely valuable report and I hope that a large number of noble Lords have already read it. I particularly enjoyed reading the preface by the noble Lord, Lord Grocott, who I think is the president of the Hansard Society. It is not just a question of the low propensity to vote; it is the problem of very low perceptions of Parliament and the extent to which there is clear disillusionment with Westminster among the young, in the sense that they want to be engaged in political activity but not in party political activity, and not particularly in activities concerned with Westminster.

[Lord Tyler (LD)]

As a fellow officer of the Hansard Society, I, too, welcome this audit. Is it not clear from the record registration levels in the Scottish referendum, and indeed the turnout there, that when each vote is seen to be counted and has an impact on the result, there is much more engagement by the public, including young people? Does my noble friend recognise that many of our fellow citizens feel cheated by the first past the post system, which of course does not produce that result? Does he not recognise that until we address that issue, the likelihood is that there will be many more people voting in referendums than in elections?

[Lord Wallace of Saltaire]

My Lords, we all need to take account of the extent to which, in the course of the Scottish referendum campaign, people across Scotland, including young people, got re-engaged in politics in a way in which they are not engaged in politics in England. It is quite clear from the barracking that there was across the House just now that not everyone in this Chamber agrees with the wise words of my noble friend Lord Tyler on the voting system, but we need very much to focus on the problem of alienation. If we were to find ourselves on a less than 60% turnout in the next general election and the party that then took office got less than 35% of the vote, which is to say fewer than one-quarter of the total votes possible, there would be clear questions about the legitimacy of that Government. I saw in the Guardian, so it must be true, that Labour’s strategists had indeed been talking about the 35% point at which they might possibly have a majority Government on a less than 60% turnout. There are some real problems that we all have to face.

Scottish Referendum

Debate between Lord Wallace of Saltaire and Lord Tyler

Monday 13th October 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I have said that this is one of the items that is currently being considered. As the noble Lord well knows, I could agree with him that we have a constitutional convention, but that would leave a great deal to be discussed as to what sort of convention, how it should be constituted and so on, which are also issues that we need to consider.

[Lord Tyler (LD)]

My Lords, does my noble friend recognise that it is not just the people of Scotland, Wales and Northern Ireland who feel that this country is woefully overcentralised in Whitehall and Westminster, but also people in Yorkshire and in Cornwall? Are the Government prepared to consider the early introduction of a devolution enabling Act so that Parliament can at least discuss how these procedures can follow, rather than trying to have an all-purpose, all-singing, all-dancing convention that could go on for many years considering all the issues relating to the UK constitution?

[Lord Wallace of Saltaire]

My Lords, I am old enough to remember the Kilbrandon commission, which took minutes and years in its own time and achieved very little. Indeed, one will even find in the eighth volume a memorandum which I, as a young academic, wrote. I suspect that no one has read it for the last 35 years. We are clearly concerned to move as fast as we can. City deals within the United Kingdom have begun to decentralise economic power to some of the major cities throughout England and elsewhere. City deals are the beginning of what might become a major devolution of power from Whitehall to our regions.

Elections: Weekend Voting

Debate between Lord Wallace of Saltaire and Lord Tyler

Tuesday 1st July 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the table I have seen of the days on which other industrial democracies vote covers every day from Monday through to Sunday. The majority of Roman Catholic countries vote on a Sunday. Almost all Protestant countries vote on other days of the week.

[Lord Tyler (LD)]

My Lords, is my noble friend aware that one of the original objections to voting on a Sunday was that there might be rather too much advice or direction from the pulpit as to how people should vote? Does he recall that our party suggested that there should be two-day voting at weekends—Saturday and Sunday—but with reduced hours so that there would not be any conflict with religious observance? However, he has not answered the specific Question with which this discussion started: what is the actual impact on business, on the economy and on families from the disruption on Thursdays? We need to know and there seem to be no hard facts.

[Lord Wallace of Saltaire]

My Lords, elections cause a certain amount of disruption on whatever day of the week one holds them. That is unavoidable. The question of where the disruption falls depends on what day is chosen. On the question of the role of churches, I am reminded of the occasion when I took a young Liberal called Elizabeth Barker, now the noble Baroness, Lady Barker, whose father had been the Minister at Saltaire Methodist church, to Saltaire Methodist church one day when I was about to stand as parliamentary candidate in Shipley, and the sermon was wonderful. It did not quite go so far as to say that people should vote for the candidate who was there but it got very close. I would like to hope that the church will do things like that in the future.

Chilcot Inquiry

Debate between Lord Wallace of Saltaire and Lord Tyler

Tuesday 1st July 2014 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, I thank noble Lords for their various contributions to this debate. The Government are also disappointed and frustrated that it has taken a good deal longer than we—or the Labour Government, which set up the inquiry—had originally hoped to complete the exercise. However, let me stress the exceptional nature of this inquiry.

I entirely welcome and agree with the emphasis of the noble Baroness, Lady Morgan of Ely, on this not being a matter of partisan debate between the parties. We need to get at what went wrong and the constitutional implications of what happened. We therefore want to keep this out of the election campaign, so far as we can. The sort of timings which the noble Lord, Lord Owen, suggested are well understood in government, in terms of not getting too caught up in the pre-election atmosphere.

Let me remind all noble Lords of where we started. The Chilcot inquiry was announced in June 2009 to identify the lessons that can be learnt from the Iraq conflict and the occupation which followed. It has looked at the UK’s involvement in Iraq in the period from the summer of 2001—at the time that the Prime Minister, Gordon Brown, announced the inquiry, that was some eight years previously and it is still less than 13 years away—to the end of July 2009, which is now some five years past. The inquiry embraces the run-up to conflict, the military action and its aftermath and the way that decisions were taken and it aims to establish as accurately as possible what happened to identify lessons to be learnt.

We have not previously published documents less than 30 years ahead, except in the most exceptional circumstances. Part of the delay and part of what has been going on is the product of having agreed that we will publish documents relating to recent events and referring to people who are still in active political life. That is part of the exceptional circumstances in which we are working.

Since 2009, the inquiry has taken evidence from more than 150 witnesses; it has travelled to Baghdad and Arbil for discussions with Iraqi politicians; to Washington to meet officials from the United States Government; to France to talk to French officials; it has met the families of British personnel killed in Iraq; and has read more than 100,000 UK Government documents. When Gordon Brown announced the inquiry in the House of Commons, he said that the committee would have access to the fullest range of papers, including secret information, and, as the noble Baroness has quoted, that,

“No British document and no British witness will be beyond the scope of the inquiry”.—[Official Report, Commons, 15/6/09; col. 23.]

It takes a long time to work through 100,000 documents, to consider where there are sensitive issues remaining and, in the process, incidentally, to consider a number of other documents which had not been provided to the inquiry. These are the supplementary ones which were discovered and have been provided in recent months. The inquiry is examining difficult and complex issues. The inquiry has estimated, it has told us, that its final report will be more than 1 million words.

The Sunday Telegraph remarked that the rate of spending had increased over the past two to three months. That is partly because the website has been revamped and expanded in order to cope with the amount of information which will be downloaded on to the website as it is published. It is a part of the preparation for publication.

As part of the process of drafting the report, the inquiry has sought the declassification of material from many thousands of documents from the Government. It says in my brief that this is absolutely unprecedented. If there is any comparison it would be the Saville inquiry in Northern Ireland, which also took a great deal longer than had been hoped, partly because the complexities it raised were much more difficult than had been understood fully at the beginning. As Sir John Chilcot has acknowledged, the process is labour intensive for both the Government and the inquiry. He said in November last year that he was grateful for the work done by departmental teams to deal with the disclosure of documents.

I hope that noble Lords have seen the letter of 28 May from Sir John Chilcot to Sir Jeremy Heywood as Cabinet Secretary, published on the website the following day, that agreement had been reached on the principles underpinning disclosure of material from Cabinet level discussions and communications between the UK Prime Minister and the President of the United States which the inquiry has asked to use in its report. My understanding is that most of the work on the 200 UK Cabinet meetings from which extracts will be provided has now been completed and that the inquiry is now working on the UK-US documents.

Again I have to stress that we regret that it has taken so much time, but we also recognise the sheer complexity of what the inquiry is working on. I have talked to a number of the Cabinet Office people assisting the inquiry and I am impressed by the pace at which they are now working and the hopes that they have that we are now within sight of the end.

The answer on the Maxwellisation process, which comes next, is that the second letters have not yet gone out but we hope to send them out within the near future. The Maxwellisation process will then take, we hope, a matter of weeks rather than months. The Prime Minister has stated clearly that it is his hope that the inquiry will be able to provide a report before the end of the year.

[Lord Tyler (LD)]

Will my noble friend specifically address the important point made by the noble Lord, Lord Owen? I recall very well, as a Member of the other place during the time—I am not sure whether any of my colleagues are here—the very specific information given to the House of Commons in preparation for that vital debate and vote. Will my noble friend give the House an explicit assurance that there will be careful consideration by the Government of precisely how we as a Parliament are going to look at the parliamentary implications of the Chilcot report? In that connection, it would be intolerable for the end of this Parliament to come before we yet had sight of the Chilcot report and its recommendations.

[Lord Wallace of Saltaire]

I understand fully what the noble Lord says and indeed what the noble Lord, Lord Owen, has said. I stress that this is an independent inquiry that the Government have stood back from, so the Government do not control what is happening in it. However, I entirely understand that when it is published it will be for Parliament, and a number of parliamentary committees, to take on board how much information was given and what the implications are for further information from the agencies and other aspects of government. That will be part of the follow-on to publication.

Electoral Fraud

Debate between Lord Wallace of Saltaire and Lord Tyler

Tuesday 1st April 2014 Lords Chamber

[Lord Tyler (LD)]

My Lords, in contrast to my noble friend Lord Naseby, I was once elected with a majority of nine, so I take a considerable personal interest in this matter. On 6 February, we had some exchanges on this issue when my noble friend the Minister emphasised that the risk in this area is of course with postal votes. Can my noble friend now confirm whether every single postal vote cast in next month’s local and European Parliament elections will be checked against a personal identifier?

[Lord Wallace of Saltaire]

My Lords, that was the original intention of the 2006 Act. However, representations from electoral registration officers that that would be difficult led to the Act stating that a minimum of 20% should be checked. In recent elections, we have achieved virtually 100% of postal votes being checked, and we are now confident that with the co-operation of electoral registration officers, it will be 100% in the forthcoming general election.

Electoral Fraud

Debate between Lord Wallace of Saltaire and Lord Tyler

Thursday 6th February 2014 Lords Chamber

[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.

[Lord Tyler (LD)]

My Lords, given that my noble friend has already said that the most prevalent problem in the past has been fraudulent use of the postal vote system, is he confident that the returning officers, who will now have to check personal identifiers for every single postal vote returned, will have the necessary resources this year to deal with that? Will he assure the House that a proper and careful review will be carried out in advance of the 2014 elections to make sure that the system works much better than it has done in the past in this respect in preparation for a higher turnout, presumably, in 2015?

[Lord Wallace of Saltaire]

My Lords, I am informed that, in practice, almost all electoral registration officers are already checking 100% of postal votes, although they are currently required by law to check only 20%.

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

Debate between Lord Wallace of Saltaire and Lord Tyler

Tuesday 28th January 2014 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, as noble Lords will recall, Amendment 1 was moved by the noble Lord, Lord Tyler, on Report in this House and agreed to by a majority of 18 votes.

Amendment 1 would extend the scope of the register to those who lobby special advisers, in addition to those who lobby Ministers and Permanent Secretaries. Our colleagues in the other place recognised the objective of the amendment and, indeed, expressed some sympathy with the motives of those who had supported it. They concluded, however, that the case had not been made to extend the scope in this way at present, but recognised that discussions regarding the inclusion of those who communicate with special advisers will continue. They therefore proposed what I believe is a pragmatic and constructive response to the noble Lord’s amendment. The amendments in lieu proposed by the other place would introduce a power for the Minister to amend the definition of consultant lobbying provided for by Clause 2 to, subsequently, and if necessary, include communications with special advisers. Such a power would enable Ministers to extend the scope as suggested if and when they are persuaded in this Government or the next of the case for doing so.

As I have observed, the other place was not persuaded that the case for such an extension had yet been made. That is because it recognises that the register is intended to complement the existing government transparency regime. Both systems—transparency and the register—are intended to enhance the transparency of the key decision-makers, the Ministers and Permanent Secretaries, and those who communicate with them. The other place confirmed this view that the Government’s focus on key decision-makers is appropriate and proportionate. We accept that lobbyists make communications to government other than directly to Ministers and Permanent Secretaries. Ultimately, however, it is for Ministers and Permanent Secretaries to be responsible for the decisions taken within their departments.

While special advisers may provide advice, they are not decision-makers. It is Ministers, not special advisers, who are ultimately responsible for the actions of their departments; and it is Permanent Secretaries who are the officers accountable to Parliament for the performance of those departments. It is therefore only right that Ministers and Permanent Secretaries—not special advisers—are the main focus of the meeting reporting system, and the main focus of the register.

Special advisers are defined by the Constitutional Reform and Governance Act 2010, which includes the requirement that they are a person,

“appointed to assist a Minister of the Crown after being selected for the appointment by that Minister personally”.

That Act also provides for a statutory code for special advisers that makes clear that they may not,

“(a) authorise the expenditure of public funds; (b) exercise any power in relation to the management of any part of the civil service of the State; (c) otherwise exercise any”,

statutory or prerogative power.

As that code makes clear, the employment of special advisers adds a political dimension to the advice and assistance available to Ministers. They are an additional resource for the Minister, providing assistance from a standpoint that is more politically committed and politically aware than is available from the permanent Civil Service. The Government do not, therefore, intend that communications with them be captured by the meeting reporting system, nor by the register.

The other place recognised that the amendment proposed by this House would dissociate the register from its main objective, which is to complement the existing system by extending the transparency we apply to decision-makers to those who seek to influence them. They agreed by a substantial majority of 53 that Lords Amendment 1 be disagreed with, and replaced by the proposed Amendments 1A and 1B. In so doing, they have proposed a constructive compromise that would allow the scope of the register to be expanded to capture communications with special advisers, if the case is that it should do so.

The amendments in lieu should assuage the concerns of those who have asked that we do not eliminate the possibility of expanding the scope if justified in the future. I hope therefore that noble Lords will reconsider their position, and recognise that the amendments in lieu represent the most pragmatic and proportionate approach to this matter at present. I beg to move.

[Lord Tyler (LD)]

My Lords, I am grateful to my noble friend Lord Wallace of Saltaire for his explanation of the position. I am delighted to see him back in his normal very active role on the Front Bench, and acknowledge immediately the efforts that he has made with my noble and learned friend Lord Wallace of Tankerness to find solutions to some of the problems with which we have all been grappling over what seems to be now many months, but certainly many weeks.

The government amendment in lieu precisely describes the situation we are now in. This House rightly insisted that better transparency arrangements should apply to meetings by lobbyists held with special advisers. Those arguments are well rehearsed, and I do not intend to repeat them. The amendment in lieu simply reflects the fact that there was no majority in the other place to reject out of hand the amendment we passed in your Lordships’ House. Liberal Democrat MPs would not vote to do that. Equally, the other part of the coalition has not yet been prepared to shine a light on spads’ activity at this stage. So Motion A accepts the principle that transparency for special advisers’ meetings is desirable, and there is clearly no practical problem in extending the transparency principle in this direction, or else it would have been spelt out in the amendments in lieu.

The Motion also accepts that the Commons does not desire this extension yet. It leaves the matter open until there is a government majority in the other place to switch on the provisions; I await that day with bated breath. It would obviously be helpful to hear from the opposition Front Bench whether the party opposite can commit categorically to switching on the transparency arrangements in the amendment, if and when Labour is in any way involved in the next Government.

However, the Liberal Democrat position is quite clear. We agree with the Prime Minister that,

“sunlight is the best disinfectant”.

We would introduce the pine scent of transparency to the work of spads right now; apparently, he does not want to do so quite yet. I shall support the amendment in lieu, and I thank my noble friends for working so hard behind the scenes to secure it.

Credit Unions

Debate between Lord Wallace of Saltaire and Lord Tyler

Thursday 16th January 2014 Lords Chamber

[Lord Wallace of Saltaire]

I will take that back. My briefing says that this issue is not without cost in terms of payroll arrangements, but we will consider it and see what can be done.

[Lord Tyler (LD)]

My Lords, following the comments of my noble friend Lord Deben, can we at least expect a bit of joined-up government in terms of nudging different departments? If the difficulty is not one of principle but simply one of practicality, surely if one department can encourage this, others can too.

[Lord Wallace of Saltaire]

My Lords, I think that we are about to trespass on the next debate. The Cabinet Office nudges other departments; whether it can direct them is a question on which the noble Lord, Lord Hennessy, will no doubt touch in a few minutes.

Internet: Copycat Websites

Debate between Lord Wallace of Saltaire and Lord Tyler

Thursday 21st November 2013 Lords Chamber

[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.

[Lord Tyler (LD)]

My Lords, I share the concern about copycat websites, but is my noble friend aware that there are occasions when the Government make money out of services that should be free? Surely, what is right for the private goose should be right for the government gander. For example, for many years now, government departments and agencies have been using 0870 high-rate telephone numbers. This has resulted in a change, but I understand from a news item this month that some £56 million is already being made by government out of services that ought to be free to the citizen and taxpayer. It is outrageous that this continues. Will my noble friend give an assurance that it will be dealt with?

[Lord Wallace of Saltaire]

My Lords, I do not want to be tempted down the road of what the Government should charge for and what we should provide free. The Government do, after all, charge for renewing a passport—one of the most frequent areas in which other services then charge on top of the government fee if you answer a sponsored ad by mistake.

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

Debate between Lord Wallace of Saltaire and Lord Tyler

Tuesday 5th November 2013 Lords Chamber

[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.

[Lord Tyler (LD)]

If wonder if I can help my noble friend, and the noble Lord, Lord Campbell-Savours. There is a specific amendment which I hope will help with the point he raised. It is not necessary therefore to include every in-house lobbyist because they are already going to be recorded in those meetings and it is fairly obvious why they are there.

[Lord Wallace of Saltaire]

My Lords, we are more persuaded from other countries that have the light-touch system we are proposing that it is more effective at addressing the problem than the large, expensive and comprehensive system the Canadians have gone in for.

There are a large number of amendments in this group. I will try to address as many of the issues as I can.

--- Later in debate ---

[Lord Tyler]

My Lords, Amendment 78, tabled in my name and those of my noble friends, attacks—if that is the appropriate verb to use—the same point that the noble Baroness, Lady Hayter, has addressed, but in a slightly different way. We have heard a lot about the need for a statutory code of conduct for lobbyists both in the debate on Second Reading and, to some extent, in our debates today. However, the Bill is not about regulating lobbying but about trying to make lobbying more transparent. My own amendment maintains that spirit. There is a genuine concern that the Bill, by setting out in law some of the things that consultant lobbyists must do, could imply by omission that there are some things that we do not expect them to do. Hence, it is important to make some reference to the existing codes.

I confess that although I have not been involved with the lobbying industry for many years, when I had a real job before politics, I headed up a public affairs consultancy. In those days I do not think we even referred to it as lobbying. It was thought to be simply informing decision-makers about important issues and so on. I can see noble Lords opposite observing that there is hardly any distinction between the two activities. However, I appreciate very much the extent to which the lobbying industry has improved its transparency and its codes of conduct, of which I understand there are several. It is important that we should refer to the voluntary codes of conduct that various professional associations and their membership bodies have now signed up to.

The UK Public Affairs Council has said that,

“the range of membership bodies, trade associations, companies and other organisations involved to a lesser or greater extent in lobbying makes a single self-regulatory code unobtainable for the foreseeable future”.

That is a realistic position, but surely it does not mean that we should ignore what is already in place. UKPAC went on to say that,

“effective self regulation can nonetheless be achieved if everyone in a business or employed in a capacity which involves lobbying subscribes to an appropriate Code of Conduct”.

The Bill can only do that for consultant lobbyists because, as we have heard, it is not about a telephone directory-style register of everyone who ever lobbies. However, it should ensure that those whom it does cover are encouraged to continue their compliance with existing voluntary codes by requiring that they are transparent as to whether they do so or not. All concerned—those on the receiving end of lobbying, those who engage these services to lobby on their behalf, the general public and we as parliamentarians representing them—would then be aware of whether they have subscribed to the voluntary codes. Our amendment deals simply with that objective.

[Lord Wallace of Saltaire]

My Lords, the Opposition’s proposed amendment would prohibit lobbying unless the person had signed up to the registrar’s code of conduct. Their new clause would require the registrar, after consultation with relevant stakeholders, to produce a code of conduct which would include a provision that any inappropriate relations between lobbyists and parliamentarians were strictly forbidden. Amendment 108, which has been grouped elsewhere, would enable the registrar to impose civil penalties for breaches of the code of conduct. The Government are not persuaded that a statutory code of conduct is appropriate, and I suggest that the proposed amendments are based on a miscomprehension of the role of codes, either statutory or voluntary, in the regulation of lobbying. The Opposition appear to suggest that such codes are in existence and are operating successfully in other jurisdictions. Perhaps I may draw their attention to international examples of statutory codes of conduct, of which there are very few.

The Australian statutory code of conduct establishes a statutory register of consultant lobbyists and prohibits the lobbying of government on behalf of a third party without registration. That is exactly what this Bill provides for and, if that is what the Opposition are seeking to achieve, the amendments are not needed. In Canada, the Lobbyists’ Code of Conduct promotes three principles—integrity and honesty, openness and professionalism—and requires that lobbyists act transparently, that they respect confidentiality, and that they avoid conflicts of interest. That code is not a statutory instrument and there is no sanction for non-compliance other than a report from the registrar outlining the lobbyist’s misdemeanour. That is appropriate, because determining non-compliance with these very broad principles is a challenging, uncertain and subjective process.

We have not been able to identify any international precedent for the type of code the Opposition propose. Indeed, even the overwhelmingly high-regulation system in the USA, which requires a 900-plus page handbook to aid compliance, does not incorporate a statutory code of conduct of this sort. Perhaps the fact that the Opposition have been able to propose just one provision for their code of conduct illustrates why such an approach has not been adopted elsewhere.

The Government recognise the industry’s efforts to improve lobbying practice by introducing its own codes of conduct and are confident that that will continue. Those codes promote the ethical behaviour that is essential to the integrity and reputation of the lobbying industry. The codes contain laudable principles and good practice guidance, but their translation into statute does not seem sensible or feasible.

Amendment 78, in the name of my noble friend Lord Tyler, would instead amend Clause 5(4) so that regulations could be made to enable lobbyists to include details in their information returns of the voluntary codes of conduct that they had subscribed to; but no other additional types of information unrelated to voluntary codes of conduct could be so specified. My noble friend appears to agree with the Government that a statutory code of conduct is not necessary and that the existing voluntary codes should be endorsed and promoted. I am happy to tell my noble friend that the Government are committed to ensuring that the statutory register complements the existing self-regulatory regime.

A specific reference on the statutory register to the voluntary code to which a lobbyist has subscribed is an interesting proposal that the Government are willing to consider further. However, we are not persuaded that the power under Clause 5(4) should be restricted so that it could be used to make regulations only in relation to voluntary codes, which is the—perhaps unintended—effect of my noble friend’s amendment. We will consider this further. Meanwhile, I urge the noble Baroness to withdraw her amendment and my noble friend not to press his.

Profumo Inquiry

Debate between Lord Wallace of Saltaire and Lord Tyler

Thursday 18th July 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I thank the noble Lord for giving me the opportunity to go into this fascinating case. There has been a series of constructive non-decisions. Had decisions been taken on several occasions, the papers would have been destroyed. Indeed, in a debate in this House in April 1977, Lord Denning announced that the papers had been destroyed. The following day the Lord Chancellor stood up to say that he had not permitted this and that this action had not been taken. Given, however, the assurances Lord Denning gave to all of those he interviewed that these records were entirely confidential and that they would never be published, it seems acceptable that they should not be published while those who were interviewed by Lord Denning are still alive.

[Lord Tyler]

My Lords, given the suspicions at the time of Soviet espionage and all the excitement of Cabinet members being involved in regular orgies, it is perhaps not surprising that 50 years on we still do not know the truth of the Profumo affair. Will my noble friend tell us by what criteria it is decided how much time has to lapse before such matters are made public? Who takes that decision? When and how are those decisions reviewed and by whom—or are these matters also secret?

[Lord Wallace of Saltaire]

My Lords, I am conscious that there are several Members of this House who would love to write the next book on the Profumo affair. If I were asked to advise on the decision on this, I would say that we should hold to the principle not that the content should never be published but that it should not be published while those who gave confidential information on the assurance that it would not be published are still alive—and some of those who gave that evidence are still alive. The decision will have to be approved by the Lord Chancellor and the Minister for the Cabinet Office. The Master of the Rolls—as Lord Denning was then—also plays a role in such decisions as chair of the advisory board on public records.

Lobbyists: Register

Debate between Lord Wallace of Saltaire and Lord Tyler

Thursday 6th June 2013 Lords Chamber

[Lord Wallace of Saltaire]

I take the point. Of course, as in all delicate legislation of this kind, the wider the consensus we can get the better. The lobbying area is immensely more complex than I understood before I began to go into it. This is one of the many areas where we need to work together as widely as we can.

[Lord Tyler]

On the answer that he has just given, can my noble friend confirm that the Labour Party, which, after all, failed over 13 years to deal with this problem, is prepared to co-operate fully so that we can take the whole issue under consideration? All three parties committed themselves to taking big money out of politics. Can he confirm that the Government’s objective is to have maximum transparency and simplicity so that our fellow citizens can see precisely where influence and access are being bought? In that context, can he also indicate that that should be the objective even if sometimes that big money is being used in a tax-efficient way?

[Lord Wallace of Saltaire]

My Lords, every three months I am amazed by the detail in which the Government Whips’ Office on behalf of the Cabinet Office Propriety and Ethics Team goes through my diary and asks me exactly who I met and when. This Government are extremely tight in terms of looking at who has contact with all members of the ministerial team. The problem, of course, is that we meet all sorts of people. I have one or two friends from school or university who are now working in major public affairs organisations. If I meet them as part of that friendship, do we also happen to overlap into other matters? There are many difficult issues around how this can be taken and where to draw the line.

Referendums

Debate between Lord Wallace of Saltaire and Lord Tyler

Tuesday 5th March 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I had indeed reread that section of the Constitution Committee’s report, which said, as the noble Baroness has remarked,

“we regret the ad hoc manner in which referendums have been used, often as a tactical device, by the government of the day … Where possible, cross-party agreement should be sought as to the circumstances in which it is appropriate for referendums to be used”.

Let us hope that we can reach cross-party agreement on such matters in the future.

[Lord Tyler]

My Lords, given the precedent of the Scottish independence referendum next year, is it now the Government’s position that any future national referendum with long-term consequences should extend the franchise to 16 and 17 year-olds?

[Lord Wallace of Saltaire]

My Lords, we have debated this before and I do not want to go too far down this road. The Scots have decided that for this one referendum they would like to extend the vote to 16 and 17 year- olds. No doubt we will discuss time and again how much further that should be extended.

Elections: Voting Age

Debate between Lord Wallace of Saltaire and Lord Tyler

Wednesday 27th February 2013 Grand Committee

[Lord Wallace of Saltaire]

My Lords, I thank the noble Lord, Lord Tyler, for bringing this debate to the Lords. He started his speech by referring to a debate in the Commons on 24 January, which I read with some interest, and I have to say that I found the most novel argument to be one that in a sense complements the argument just made by the noble Baroness, Lady Hayter, which is that of the increasing imbalance in the electorate between the over-65s and young people. That imbalance will grow, and all political parties know that we are pulled in the direction of those who vote and thus are pulled towards putting resources into the over-65s and not into young people. The argument was made in one of the Commons speeches that this might be one way of beginning to redress the balance and to encourage political parties and Governments to think more actively about the needs and interests of young people. It is an argument that I think we all need to take into account.

Let me stress that the Government have no plans to lower the voting age in this Parliament and that, as has already been mentioned, there is no consensus within the coalition Government. That in turn reflects the different views held across society at large and the divergent positions on this topic both within and across the various political parties. After all, we have discovered over the course of the past two and a half years just how difficult political and constitutional change is and how on any proposals for political and constitutional change there are always at least 15 different and contradictory arguments for why nothing should be done, while fewer arguments are made in support of the case for change. Nevertheless, we welcome the ongoing discussions and debate on this issue and we would encourage the noble Lord, Lord Tyler, and others to maintain their approach.

On the question of the age of majority, which was raised by a number of noble Lords, I simply repeat the comment made by the noble Lord, Lord Parekh, that there is no standard age of majority within the United Kingdom. The process of moving from childhood to majority takes place over several years, and the question of where that should be standardised would itself open up a very difficult process. However, the question of how to re-engage young people in our democracy, in citizenship and in local society is important and we all need to address it. When taking the Electoral Registration and Administration Bill through the House of Lords, I was struck by how severe a problem this is becoming. Younger people do not feel engaged in politics and they are not committed to political parties. In one way or another, we all have to address that problem. The noble Lord, Lord Adonis, said that providing the vote at the age of 16 is not the answer, but it may be one of the ways of contributing to an answer. It would certainly mean that schools and parties would pay much more attention to citizenship education, which is important, and we would have to think about how else we could hook young people into their local communities and into wider engagement as a whole.

We all recognise, as the noble Lord, Lord Norton, pointed out, that young people are already the least likely to vote. That is the problem, of course, and the question is how to tackle it. We know that a number of things have contributed to it: the increasing remoteness of national politics; the decline in local government and local politics; the decline in respect for our political institutions—above all for Westminster—and the decline of participation at all levels in intermediate bodies from churches and chapels to trade unions and social organisations. The question is: where do we go from here and how can we ensure that engagement in democracy at all levels from the local to the national does not continue to decline in the long term? We cannot let this question go.

Perhaps, as the noble Lord, Lord Wills, suggests, deliberative democracy on the Granada 500 model—I think that was what it was called—is something that we should be experimenting with again in terms of bridging the gap between the governors and the governed. However, I suspect that television companies would be less willing to invest in such activities today as they were 20 or 25 years ago, partly because they would be less convinced that it would command the sort of audience that those very interesting experiments did in the 1980s.

We have a real problem here; we do not yet have a consensus on how we should move forward, as the debate has again shown. The research that there has been in a number of different activities is itself inconclusive. The Government do not disagree with the conclusions of the youth commission report that the approach of using independent commissions to review this should not be used again in the near future. However, we all need to focus. All of us who are committed to democratic politics and want to see a high level of political engagement have a huge and rising problem. All the research that went into looking at the shift to individual electoral registration persuaded me that this is a large and secular issue to which we do not have much of an answer. In a week in which the combination of the Eastleigh by-election and the Leveson report has encouraged the press to throw almost everything it has got at politicians of one sort or another—and people cheerfully say, “Well, don’t worry, they will move on to another set next week”—we recognise how deep a problem of democratic disillusionment and disengagement we have.

[Lord Tyler]

I am very grateful to my noble friend the Minister for giving way. Since we have a few minutes in hand, will he specifically address the fact that both the Electoral Commission and the Youth Citizenship Commission have said that there is a real gap in the research in this area, which has been reflected throughout your Lordships’ discussion this afternoon? Will the Government at least give an undertaking today that they will look again at that lacuna, which has been so clearly identified, and invite the Electoral Commission to look specifically at this again?

[Lord Wallace of Saltaire]

I hesitate to make a commitment as broad as that, but I will certainly feed it back and we will look at the question of whether there is a substantial lacuna. One of the issues that we all face here is that we know what the situation is now, and we know that the evidence of demand from young people for votes at 16 is weak. The question that I take particularly from the speech of the noble Lord, Lord Adonis, is whether we are happy about that, and whether we ought to be getting out there to persuade young people that they should be interested in having the vote and they should want to be re-engaged in politics. That is a much larger set of issues.

The previous Government, to their great credit, did their best to get at the question of citizenship. A number of distinguished political scientists contributed to that with modest success. We all recognise that schools have all sorts of other priorities, and that PSHE has not been one of the grandest or most glorious aspects of the secondary curriculum. There is a large issue out there, and we need much more public debate on it. This is part of a much larger issue about popular disillusionment with democratic politics as such, which has to concern us all. None of us would wish to suggest that lowering the voting age would begin to solve that; it would be only a small part of a strategy which I suggest all of us interested in democratic politics, from whichever point of view, should recognise is a shared problem to which we all need to find some shared answers.

Ministerial Code

Debate between Lord Wallace of Saltaire and Lord Tyler

Wednesday 13th February 2013 Lords Chamber

[Lord Wallace of Saltaire]

As the noble Lord, Lord Foulkes, points out, I was in Berlin at the time so I was not involved in that particular dimension. I recall some time ago being asked by the noble Baroness, when she was on a committee, whether I felt that one could operate as a Government against the mandate of the manifesto. I pointed out that the strongest mandate in the 1997 Labour manifesto was a commitment that the Labour Government never fulfilled, so there is a degree of flexibility in all these issues.

[Lord Tyler]

Does my noble friend accept that on the specific occasion to which the noble Baroness referred, the Prime Minister himself accepted that there could not be collective responsibility where there had not been collective agreement? That was explicit in the coalition agreement and, as with Leveson, which we will refer to later, there are disagreements that are accepted. In a grown-up society, it is surely right to be transparent about that rather than covering up artificial disagreements, as in the previous Administration, where collective responsibility was disguised.

[Lord Wallace of Saltaire]

As the opening paragraph of the coalition’s working agreement also stresses:

“In the working of the Coalition, the principle of balance will underpin both the Coalition Parties’ approaches to all aspects of the conduct of the Government’s business”.

Civil Service: Permanent Secretaries

Debate between Lord Wallace of Saltaire and Lord Tyler

Thursday 13th December 2012 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I entirely agree with that. I felt that Sue Cameron’s article in the Telegraph this morning, clearly based on some rather hostile briefing by, I suspect, retired civil servants, goes enormously over the top in suggesting that ambassadorships were about to be given to donors. We have after all in the past occasionally had political appointments to ambassadorships. The noble Lord, Lord Richard, was one and very successful. There was also Peter Jay and Christopher, Lord Soames. We have held to the principles of Northcote-Trevelyan on political impartiality and we will continue to do so.

[Lord Tyler]

My Lords—

--- Later in debate ---

[Lord Tyler]

My Lords, my noble friend has touched on the relationship of Ministers to Parliament. I wonder if he would just reinforce and reiterate the point that all Permanent Secretaries are answerable and accountable to Parliament for the whole of their departments, including of course the performance of the head and leadership of that department. Has he noted the suggestion that Secretaries of State might be subjected to confirmatory hearings by departmental Select Committees? Would he confirm that it is the Government’s view that, in this relationship, it is the Secretary of State to the department that is responsible to Parliament? So would it not be more appropriate for the Secretary of State on appointment to be subjected to a confirmatory hearing?

[Lord Wallace of Saltaire]

I will duck answering that question. The question of Civil Service accountability to Parliament is one of those issues now in play which does raise some very large and long-term issues and will need much further debate.

Lobbyists: Register

Debate between Lord Wallace of Saltaire and Lord Tyler

Wednesday 12th December 2012 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, we are certainly intending to move on this but as the noble Baroness will appreciate if she has looked through the replies to the consultation document and the companion report of the Political and Constitutional Reform Committee in the other place, there is a quite remarkable dissensus among respondents. The Government’s summary of replies to the consultation document remarks at one point, in effect, that a lot of those consulted regard themselves as a legitimate part of the political process but regard everyone else as lobbyists. That is part of the problem. The paid lobbyists are a small part of those with whom we are talking, and they wish charities, think tanks, trade unionists and others also to be included on any register of lobbyists.

[Lord Tyler]

My Lords, does my noble friend agree that the overriding objective must surely be greater transparency? In that regard, while we must obviously avoid excessive complexity because the information has to be accessible and digestible, does he agree that all we really need to know is who is lobbying who about what? The register only goes so far in that respect.

[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.

Electoral Registration Data Schemes (No. 2) Order 2012

Debate between Lord Wallace of Saltaire and Lord Tyler

Tuesday 27th November 2012 Grand Committee

[Lord Tyler]

On the point about the DVLA, I wonder whether my noble friend would accept that the Committee would like to strengthen his arm in any discussions with the Department for Transport and the DVLA. It is extremely important that the Cabinet Office recognises that the priority must be people who are not sufficiently well attended to in the registration process. As he said, the current register is deteriorating fast, particularly for those who are young and mobile in the inner cities. The priority must be to go to those databases that tend to pick out those individuals. Clearly the DVLA is one of them, but so, too, are the tenancy deposit scheme and the credit agency schemes. I hope that the Minister and his colleagues in the Cabinet Office will accept that those must be the priorities. There is a democratic deficit among young people in inner cities, who are the most mobile part of the population. It is natural that they should be the priority, and that is where we should put most emphasis. I hope that the Minister will take back from the Committee’s proceedings that we would like to strengthen his arm, and those of his colleagues, in dealing with the Department for Transport and the DVLA.

[Lord Wallace of Saltaire]

I am very happy to take that back. I will report back to my colleagues on the strongly held sentiments. Perhaps I may take the questions about tenancy and deposit schemes and credit agencies at the same time. The initial assessment by the Cabinet Office of the suggestion from my noble friend Lady Berridge that tenancy deposit schemes might be used was that it was not sufficiently obvious that the processes of these databases could be adapted to support IER. However, that does not exclude renewed consideration.

Of course, the question of credit agencies takes us over the boundary between public and private. Credit agencies are part of the private sector. The issue is part of a broader discussion that we all need to have with the likes of the noble Lord, Lord Maxton, and others, about the extent to which, as we move into a new world of data transmission and availability, private and public databases can be used for identity assurance. That was the basis for the briefing I received this morning from the government digital service. It would be helpful to organise a meeting for Peers as a whole on the work that it is doing—for longer-term and wider purposes than this Bill alone—on these issues. Private databases are increasingly useful, but their use raises questions about civil liberties and public and private interests with which we need to be concerned.

Electoral Registration and Administration Bill

Debate between Lord Wallace of Saltaire and Lord Tyler

Monday 29th October 2012 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, before I address the amendments directly, I take up some of the broader issues raised by the noble Lord, Lord Reid, which were touched on by the noble Lord, Lord Maxton, in our first Committee session before dinner. They are extremely wide issues and I agree that they are important. It was for that precise reason that I went to be briefed by the head of the Government Digital Service last week.

As the noble Lord, Lord Reid, pointed out, as we move towards cloud computing, the questions of where data are stored, to what uses they are put and how far they are shared become a very delicate and important area. I also flag up that the question of what is a public database and what is a private one becomes a little more difficult than it is now. There is a whole set of issues there that we need to return to in other contexts because this has the potential to transform the way in which society, the economy and government work as a whole. I was assured that the protocols that now govern what is called identity verification—the very limited use of data sharing to ask, “Is this person real?”—are strong and, as used by the credit agencies and others, provide firewalls which prevent too much information being shared.

Some of us might differ on how far we would be happy for the DWP, HMRC and the National Health Service to share information on what people claim to be earning, claiming or whatever; those questions will also come into that debate. I strongly agree that this is an extremely important long-term issue. However, if I understand it correctly—and I am at the absolute outer limits of my knowledge of computers at this point—I am told that one does not need to amass new databases. That is the difference between what is now beginning to happen and the old ID debate. One can put different datasets in touch with each other for limited purposes to enable one to discover whether X is really X and whether there is a Y. I thank the noble Lord for his intervention; these are very important long-term issues.

The Government believe that maximising electoral registration and voting is not purely the function and responsibility of the Government. It is the function of political parties; it is the function of all sorts of voluntary organisations. We all know about Operation Black Vote and Bite the Ballot. Noble Lords may be interested that one person last week suggested to me that if Tesco was willing to offer a voucher to everyone who signed up to the electoral register at the age of 18, that would increase the number of 18 year-olds signing up. For myself, I would prefer the Co-op to do it. Perhaps we should consider the extent to which such incentives are, sadly, in our modern world, necessary.

The Government are sympathetic to the spirit of the amendments, but wish to stress that we are already working in this area. We want to retain a degree of flexibility, and a lot of pilots are under way. In last year’s pilots, we matched databases from not only DWP but HMRC, the Royal Mail, the address reallocation service, the Department for Education, HEFCE—the Higher Education Funding Council for England—the Department for Business, Innovation and Skills, the Department for Transport, the Student Loans Company, the Ministry of Defence for service voters and the Improvement Service company. The noble Lords, Lord Reid and Lord Martin, will understand about that company a little better than I do, because it holds data on behalf of local authorities in Scotland.

[Lord Tyler]

Perhaps my noble friend could address the particular problems found when the Cabinet Office funded additional research by the Electoral Commission about the completeness and accuracy of the register. As the noble Baroness said earlier, a high proportion, 44%, of those not on the register in April 2011 incorrectly believed that they were. Even more significantly, only 14% of those who moved between the 2010 canvass and those who appeared on the register in April 2011 were there. It is often the move that is the problem. That is why some of the data-matching suggestions made, to which my noble friend has just referred, were particularly addressed to those people. DWP does not particularly help with those; DVLA, Royal Mail and all that seem to be more relevant.

[Lord Wallace of Saltaire]

I entirely take the noble Lord’s point, and add that an information campaign is clearly an important part of the transition to get to those who think that they might be on the register but may not. I would be entirely happy for noble Lords to press us further on the question of attainers, education in schools and civic education, which must be part of the transition process.

We resist the exact terminology in the amendments, and ask for more flexibility on the terms that we are looking at all these areas. We do not want to limit such schemes to the organisations named; we are experimenting with the range of datasets that can be helpful in this regard.

As we stated in our response to the Delegated Powers and Regulatory Reform Committee:

“The Government feels that the categories of persons should not be prescribed in primary legislation in this regard—

because—

“the Government does not intend to introduce an amendment to restrict the categories of persons that may be authorised or required to provide information, but will listen carefully to the views of the House on this issue during Parliamentary debate”.

The Government will reflect carefully on all those points and make clearer our intention on Report. So we are considering the precise detail of the alternative verification procedure beyond the immediate, primary identifiers and will consider a range of options to provide an accessible but secure approach.

Amendment 11 would require local authorities to share their data with electoral registration officers. That already takes place. Electoral administrators are part of local authorities and have for some time accessed relevant other local authority databases for the purposes of checking names and addresses together. The Bill would allow for such data sharing if it were decided that it was necessary and valuable in addition to that which already takes place. The next phase of government data-matching pilots will look at which datasets are most useful for electoral registration officers to carry out their duties. Some of the pilots will target students; some will target recent home-movers, which the noble Lord, Lord Tyler, flagged up as particularly important; others will explore how sharing data between two-tier local authorities, in those parts of the country where they exist, may assist them further.

However, on local authority data, I repeat that registration officers are already authorised to inspect records held by the authority that appointed them and are required to inspect records where they are permitted to do so both under the 1983 Act and the Representation of the People Act 2001.

On Amendment 15 and the whole question of students, we are already working with the National Union of Students, which represents students, and organisations with which students interact, such as the Student Loan Company and universities, to establish ways in which the registration process and the transition for those groups can be as simple and accessible as possible, building on the changes that we are enabling to the registration system, which will make registering to vote more convenient for all. Again, that work is under way; we are discussing and consulting with the other relevant public and private stakeholders.

Similarly, as for sheltered accommodation, which is the subject of Amendment 16, registration officers already have the power to require information from an individual to maintain their election register. That would include requiring managers of sheltered accommodation to provide the names of residents. Once registration officers are aware of that information, Clause 5 would require them to write to each individual who was not already registered at that address to invite them to register to vote. Amending the legislation is therefore unnecessary to empower registration officers to obtain information about individuals in sheltered accommodation or to require a registration officer to invite them to register.

As noble Lords will gather, the Cabinet Office is already actively engaged in a programme of work with groups which represent students, helping to provide alternative channels of registration, looking at the elderly in sheltered accommodation and how we could signpost people towards registration as they come into contact with other government agencies.

Amendment 17 addresses the question of private landlords. The real question here is whether a requirement on private landlords adds sufficiently to the toolkit of electoral registration officers to be worth the additional burden being placed on private landlords. That, again, is something that we are investigating further but our current view is that the marginal benefits of that measure over, to take just one example, the canvassable properties in the area do not justify imposing that additional burden.

Amendment 18 talks about the local authority providing additional information on council tax and other documents. Again, the Cabinet Office is testing out where it is most valuable and useful to provide additional information and, as the behavioural unit puts it, to prompt people to consider more actively ensuring that they are registered to vote. There are some questions about the complexity of the council tax document. I am not entirely sure that I read the whole of my council tax documents either in Bradford or in Wandsworth last year, but I am sure that the noble Lord, Lord McAvoy, read his in great detail from cover to cover. We are therefore not entirely sure that this is the best document to use for these purposes.

Amendment 19 requires local authorities to invite individuals to register to vote when they first register and begin paying council tax. This idea has a certain amount of utility and there is certainly no reason why local councils should not do that on the initial council tax form, but of course this would capture only the bill payer. There is a need for additional mechanisms to be in place to capture other people living inside the same property.

On Amendment 20, on the whole question of awareness-raising in other, wider government services and other transactions, we are looking with organisations from the public, voluntary and private sectors—I emphasise that it is not just in government agencies—to see where we can identify a potential benefit to introducing, for example, some form of prompting or signposting during the course of a transaction. We will test the different options to establish the extent to which they will assist the citizen.

On Amendment 24, to provide the explanation of the other uses of the register, opinions might differ on whether that was a plus or a minus. There have been one or two suggestions that there are those who wish not to be on the register so that they avoid jury service; it is not one of the most popular aspects of civic duty. That is another issue that we should perhaps explore further.

To sum up after this very large discussion of different ways of using and accessing databases and encouraging people to register, this is very much what we as a Government are already engaged in. We are happy to brief people further on what we are doing, how the data-matching pilots are going and how the information campaigns will be planned. We hope that on that basis the noble Baroness and the noble Lord will be willing to withdraw their amendment at this stage, and we will be happy to have further discussions on how we go forward to ensure that our shared aim, which is to maximise the number of people who register under individual electoral registration, will be achieved to the satisfaction of all.

House of Lords: Appointments

Debate between Lord Wallace of Saltaire and Lord Tyler

Tuesday 9th October 2012 Lords Chamber

[Lord Wallace of Saltaire]

I am very glad to hear that the noble Lord agrees with Nick. We in this House have to be very careful about saying, “We’re all very comfortable here and we all want to stay, and no one else should be allowed to come in until there has been a longer process”. Over a five-year period we need to consider the balance of the House and the question of the occasional refreshment of its Members, and we are certainly not going to close our minds to that in an interim House. We will certainly encourage some of the older Members to consider statutory retirement or a long-term leave of absence.

[Lord Tyler]

My Lords, to avoid understandable suspicion, and indeed accusations, of personal self-interest, would it not be wise for the Government to give a lead and say that, as far as Ministers are concerned, no MPs who voted against the Government’s reform Bill should be nominated to this House?

[Lord Wallace of Saltaire]

I do not think that I ought to answer that question. I am very conscious that there are those who, in the Corridors of this House, have said to me, among others, that those who are asked to leave the House should be compensated for doing so. To that I would say that membership of this House is a privilege, not a right, and the idea that one has to be bought out before one leaves is not one that should be considered.

Electoral Register

Debate between Lord Wallace of Saltaire and Lord Tyler

Monday 16th January 2012 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, we took that on board and it is one of the many matters being considered. I stress that the people who fall off the register most rapidly are those who move. They are closely associated with people who are young, unmarried, students, and often those in private rented accommodation. That is the area on which all these efforts have to focus.

[Lord Tyler]

My Lords, did my noble friend note that in the debate on Thursday there was unanimous support from all sides of the House for the obligation to register and for a penalty if you do not do so? That strong view was also held by the Electoral Commission, which believes that if the signal is given that registration is no longer an obligation, without a proper penalty, there will be a disastrous fall-off from the register which is already woefully inadequate, as the Minister has already indicated.

[Lord Wallace of Saltaire]

My Lords, I was well aware of the sentiments expressed on Thursday. The Government are looking at whether the current offence of failing to return the form from the household should be extended to making it an offence for an individual not to register. We would prefer not to extend the offence, but that is a matter for consideration and no doubt for debate in both Houses.