Retained EU Law (Revocation and Reform) Bill

Debate between Viscount Hailsham and Baroness Neville-Rolfe

Committee stage
Tuesday 28th February 2023 Lords Chamber

[Baroness Neville-Rolfe (Con)]

We can confirm that it is authoritative. The version that will come out in the spring—the next version—will be authoritative. The comprehensiveness of it will come when the archives have finished their process and so on. A lot has been made of this point, frankly. The key regulations are on the dashboard; for me, the key thing that matters is what departments do with them.

[Viscount Hailsham (Con)]

Can my noble friend confirm that there will be consultation?

[Baroness Neville-Rolfe (Con)]

If we have new regulations then the normal form in departments is to consult on them.

[Viscount Hailsham (Con)]

Will they have time within the deadline?

[Baroness Neville-Rolfe (Con)]

The Bill sunsets in 2023.

--- Later in debate ---

[Baroness Neville-Rolfe (Con)]

It is the gentlemen and ladies in Whitehall and in the European Commission. If I may, rather than prolong this discussion, I will reflect on the point that the noble Lord has made.

[Viscount Hailsham (Con)]

The noble Baroness could say that the Government will support Amendment 32, which would enable Parliament to have a word in the matter.

Ministerial Appointments: Vetting and Managing Conflicts of Interest

Debate between Viscount Hailsham and Baroness Neville-Rolfe

Tuesday 24th January 2023 Lords Chamber

[The Minister of State, Cabinet Office (Baroness Neville- Rolfe) (Con)]

My Lords, there are established procedures for the appointment of Ministers, and by Ministers, and these are followed. This was the purport of the question we are replying to, and we need to allow the process to run its course. As the noble Baroness suggests, the Prime Minister has appointed Sir Laurie Magnus, who is the independent adviser on Ministers’ interests. As I said when I answered questions last year, the Prime Minister was then moving quickly to appoint the independent adviser. The terms of reference will give the independent adviser the opportunity to look into what he thinks needs to be looked into—having a look at the issues that have been raised and speculated on—and we have made clear that anyone in the Government should help the independent adviser with that process. On the point about the texts, the Information Commissioner has looked at that. He concluded his investigation on 18 January this year—so, last week—and he did not require any steps to be taken. He considered that BEIS had conducted sufficient searches for the relevant information.

[Viscount Hailsham (Con)]

My Lords, may I suggest to my noble friend that any public concern about ministerial interests will be greatly alleviated if the independent adviser could, of his own initiative, institute investigations?

[Baroness Neville-Rolfe (Con)]

The independent adviser, as my noble friend suggests, is appointed by the Prime Minister and it his constitutional position to be the ultimate arbiter of the Ministerial Code, and to decide whether a breach of the code has occurred upon the advice of the independent adviser. So it makes sense for the Prime Minister to be the ultimate decision-maker, but, of course, we have appointed Sir Laurie Magnus to take on this role and to look extremely carefully at the issues that have arisen and been reported on this week.

Tax Avoidance

Debate between Viscount Hailsham and Baroness Neville-Rolfe

Wednesday 18th January 2017 Lords Chamber

[Baroness Neville-Rolfe]

I really do not see things that way at all. Actually, the UK tax gap is one of the lowest in the world. We are investing in work on avoidance and evasion, with an extra £800 million for HMRC, while the work we have done to bring in accelerated payments has yielded £3 billion in extra tax since 2014. The noble Lord talks about tax havens. I think the Prime Minister made it quite clear yesterday that Britain wants a new partnership with the EU and is hoping that we will get a good deal. The point about tax havens was the need to change the economic model if that was not possible. I am hopeful that, with that new agenda she set out, we will get a very positive agreement in this area.

[Viscount Hailsham (Con)]

My Lords, does my noble friend understand the concern of many of those who have to advise on statute law? Does she understand that it is undesirable to give to the courts a power to strike down an arrangement which complies with the letter of the law on the grounds that it does not comply with the spirit of it? The trouble with that is that it produces unpredictability and therefore injustice. Better by far, if Parliament is unhappy with the interpretation of law, to amend the primary legislation.