Business of the House
Baroness Evans of Bowes Park Excerpts(6 years, 2 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Evans of Bowes Park
That Standing Order 40(4) (so far as it relates to Thursdays) and (5) be suspended until Monday 4 June so far as is necessary to enable notices and orders relating to Public Bills, Measures, Affirmative Instruments and reports from Select Committees of the House to have precedence over other notices and orders on Thursdays.
Business of the House
Baroness Evans of Bowes Park Excerpts(6 years, 2 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Evans of Bowes Park
That Standing Order 46 (No two stages of a Bill to be taken on one day) be dispensed with on 8 March to allow the Finance (No. 2) Bill to be taken through its remaining stages that day.
Business of the House
Baroness Evans of Bowes Park Excerpts(6 years, 2 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Evans of Bowes Park
That, in the event of the Supply and Appropriation (Anticipation and Adjustments) Bill being brought from the Commons and read a first time, Standing Order 46 (No two stages of a Bill to be taken on one day) be dispensed with on Tuesday 13 March to allow the Bill to be taken through its remaining stages that day.
Business of the House
Baroness Evans of Bowes Park Excerpts(6 years, 2 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Evans of Bowes Park
That Standing Order 40(1) (Arrangement of the Order Paper) be dispensed with on 7 March to enable the Committee stage of the European Union (Withdrawal) Bill to continue before oral questions that day.
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
For the last time, I beg to move the fourth Motion standing in my name on the Order Paper.
Lord Wallace of Saltaire (LD)
My Lords, we are going to work very long hours during the Committee stage of the European Union (Withdrawal) Bill. Can the Minister assure us that we will not be in danger of breaking the European Union working time directive with the number of hours we will be sitting?
Black Rod
Baroness Evans of Bowes Park Excerpts(6 years, 2 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, I have to inform the House that Her Majesty has appointed Sarah Clarke to be Lady Usher of the Black Rod, in succession to Lieutenant General David Leakey, CMG, CVO, CBE, and that she is at the Door, ready to receive your Lordships’ commands.
Noble Lords
Baroness Evans of Bowes Park
My Lords, it is the custom of the House to pay tribute to the outgoing Black Rod on the day that their successor assumes the office. I would like to take this opportunity to thank David for his tireless service to the House during the seven years that he served as Gentleman Usher of the Black Rod.
Noble Lords will be aware that, since David’s retirement in December, the Yeoman Usher, Brigadier Neil Baverstock, has stepped in to serve as acting Black Rod. I am sure I speak for us all when I say that we are extremely grateful to Neil for taking on these essential duties with his typical calmness, good humour and effectiveness, and preparing a smooth handover to Sarah.
With the leave of the House, I would like to pay tribute to David’s distinguished career. He assumed the office of Black Rod in February 2011, following the sadly curtailed tenure of Sir Freddie Viggers, after a distinguished career in the Army spanning four decades. He commanded forces and operations in a number of areas, including West Germany, Northern Ireland and Bosnia. He used his service experience in the latter country to play a critical role as the UK’s military representative during the talks which led to the Dayton agreement in 1995, ending three and a half years of devastating conflict. David also held other senior defence, security and international appointments in the Ministry of Defence and in Brussels, most recently as the director-general of the EU military staff from 2007 to 2010.
As noble Lords know, behind the scenes during his time as Black Rod, David was responsible for arranging six State Openings—a huge operation, which he and his team, including the doorkeepers, always managed with skill and sensitivity. David supervised nine state visits and six addresses by a number of notable Heads of Government and States. As I am sure your Lordships well remember, the successful visits of President Obama and the King and Queen of Spain, as well as the celebrations to mark Her Majesty the Queen’s Diamond Jubilee, were all significant operations, conducted with enormous care. The novel arrangements in the Chapel of St Mary Undercroft, which allowed parliamentarians and the public to pay their respects to Lady Thatcher, Tony Benn and last year to PC Palmer in advance of their funerals, were also conducted with his characteristic thoughtfulness.
Throughout his time as Black Rod, David enjoyed close working relationships with three Serjeants at Arms in the Commons, and oversaw a good deal of change. His open-minded approach to changes in security governance, in particular, was essential in ensuring that the new arrangements under the parliamentary security director have worked well. The fact that those arrangements are now taken for granted by his successor will be one of David’s lasting legacies to this House.
During his tenure David also played a significant role in improving Parliament’s relocation contingency arrangements, overseeing, as one of his final acts as Black Rod, a successful relocation exercise which helped to provide reassurance about the robustness of these arrangements. He leaves Parliament as a whole better equipped to handle the considerable challenges to be faced in the coming years, for which we are grateful.
It would also be remiss of me not to acknowledge the degree of fame that David achieved last year, or rather his legs as adorned by Ede & Ravenscroft’s finest 60 denier tights, when they appeared in the BBC’s “Meet the Lords” documentary.
Beyond David’s professional achievements, many noble Lords will also be aware of his extracurricular musical activities and achievements. He was an active supporter of the National Children’s Orchestra, serving as the chairman until 2014, and within Parliament was a stalwart of the Parliament Choir, overseeing a successful joint concert with the Bundestag choir in Westminster Hall in July 2014. I trust that his retirement will provide ample time for the continued pursuit of these interests.
It simply remains for me to warmly welcome Sarah Clarke to the House. I look forward to working with her. I end by reiterating our thanks to David Leakey for the service he has given to this House, its Members and Parliament as a whole. I wish him, and his wife Shelagh, many happy years of retirement.
Baroness Smith of Basildon (Lab)
My Lords, the noble Baroness has provided a very rounded picture of our outgoing Black Rod, Lieutenant General David Leakey. Like his predecessors, he brought his considerable military experience to Parliament and, as we have heard, he has used his logistical, management and diplomatic experience and skills to great effect, both in good times, for national celebratory events, and in very difficult times, when his diligent and considerate nature was greatly appreciated.
The role of Black Rod has changed over the years, and David’s time in office was one of significant change, particularly in relation to how Parliament manages the security of the estate and of those who work here. The noble Baroness the Leader was right to highlight his flexibility and professionalism in managing such change.
On a personal note, I was very grateful when David supported my campaign for a commemorative brass plaque to recognise the Westminster Hall lying-in-state of those killed in the R101 airship disaster of 1930. After two years’ of Questions and lobbying, finally, with David’s strong support, we were able to welcome the descendants of those who had died and lain in state to an unveiling service in Westminster Hall, where the new plaque is proudly on display—a missing piece of parliamentary history now recognised. Thank you, David.
One of my favourite stories about David was told to me by my noble friend Lord Collins. When he asked Black Rod whether it was compulsory for Peers’ spouses to wear tiaras at State Openings, he was told very firmly and succinctly, “Yes, of course”. “That’s good”, replied my noble friend Lord Collins, “my husband has just bought one”. David’s response is not recorded—it may have been a rare speechless moment—but no tiara was worn.
From men in tiaras to men in tights: the Leader mentioned that the collective memory of your Lordships’ House has been deeply affected by the sight of David on national television in just his long white shirt, quickly and I have to say rather expertly managing to pull on his ceremonial black tights. One day, feeling quite courageous, I summoned up the nerve to ask him why. How did the crew manage to get him to dress in front of the camera? Somewhat embarrassed, he replied that he had got so used to them following him around that, “I just forgot they were there”.
One of the highlights of the parliamentary calendar has to be the State Opening of Parliament, when TVs around the world show that slow parade from your Lordships’ House to the other end of the building, so that Black Rod can summon Members of the elected House to hear the Queen’s Speech. As 2017 brought an unexpected election, the Queen’s Speech unfortunately clashed with a previous commitment in the royal calendar—Ascot. In a full House of Commons, with such formal ceremony, it was a delight to watch David struggle to keep a straight face as Dennis Skinner quipped, “Get your skates on. First race is half past two”.
The Leader paid tribute to and thanked the Yeoman Usher, Brigadier Neil Baverstock, for stepping up as the acting Black Rod following David’s departure. On behalf of these Benches, I add our appreciation and thanks. Neil has served as Yeoman Usher in good and in difficult times, and his calmness under pressure alongside an easy, yet highly efficient manner has been greatly and warmly appreciated.
And now we move into a new era with our new Lady Usher of the Black Rod, Sarah Clarke. When Sarah first saw the newspaper advert, she knew that that she would have to demonstrate that her experience would enable her to fulfil the responsibilities of this position. Following her interviews, we were absolutely confident that she has the skills, the understanding and the personality to take on this role. Who knows, her Wimbledon experience could be very useful during any parliamentary ping-pong—although some things take more time. We warmly welcome her and look forward to working with her, although she may not appreciate the ping-pong joke.
The last word has to be for David Leakey. We wish him and Shelagh a long and enjoyable retirement.
Working Group on Independent Complaints and Grievance Policy
Baroness Evans of Bowes Park Excerpts(6 years, 3 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, with the leave of the House, I will now repeat a Statement made by my right honourable friend the Leader of the House of Commons in another place. The Statement is as follows:
“Thank you Mr Speaker. Today I am pleased to announce the publication of the report on an independent complaints and grievance policy. In this week of celebrating 100 years of women’s suffrage, it is right that we recognise the bravery of the suffrage movement and praise the great strides we have taken in our politics and in our society over the last 100 years. But we are also all too aware of the unacceptable level of intimidation and aggression being shown towards people in public life—often directed particularly at women, BAME and LGBT+ candidates. This behaviour clearly deters people from entering politics and threatens our democracy. When dealing with this very real issue, our Parliament must lead by example.
The working group was set up last November by the Prime Minister, and with the support of all party leaders, in response to the very troubling allegations of sexual harassment and bullying taking place on the Parliamentary Estate. We all recognised the need for robust procedures to change the culture in Parliament, and for this place to set the best example of a workplace that protects and supports all those working in it.
In my first Statement, I said urgent action would be taken and that was the case. The staff helpline was extended to include staff of Peers and others, with face-to-face counselling made available on the estate. Party codes of conduct were updated and published online and, since Christmas, interim HR guidance has been made available to Members’ staff.
However, it was clear from an early stage that there was a substantial amount to do if we wanted to create a sound working environment that properly supports the more than 15,000 people who work for or with Parliament. I am hugely grateful to all members of the working group for their time, consideration and indeed patience as we worked towards the publication of this report. Mr Speaker was clear that for the House Commission to take up the new scheme, the response to this had to be cross-party and, while there have been some challenging discussions, I am pleased that this is what we have been able to achieve.
The group took extensive evidence, both in person and in writing, from a wide variety of stakeholders including parliamentary officials, the staff of MPs and Peers, unions, academics, authorities on sexual violence and legal professionals. The group also conducted its own survey, which was open to a wide range of people and included a number of passholders who had not previously been asked for their experience of bullying and harassment. Many people have devoted a considerable amount of time to this over the last three months and, after more than 100 hours of discussion, consultation and consideration, I believe that we have proposed a set of policies that will fundamentally change the working culture in Parliament.
I would now like to turn to those proposals, which are as follows. First, Parliament will agree a shared behaviour code. It will apply to everyone on the estate or engaged in parliamentary business, regardless of location, and it will underpin the new policy. It will be consulted on and will make clear the behavioural expectations of everyone in the parliamentary community. Secondly, the new complaints and grievance procedure will be independent from political parties. Thirdly, it was acknowledged that sexual harassment and sexual violence are different from other forms of inappropriate behaviour such as bullying and intimidation. Therefore, separate procedures will be agreed for those looking to raise a complaint regarding sexual harassment from those with a complaint of bullying. This is an important distinction and while everyone has acknowledged the severity of complaints of sexual harassment, evidence from staff made clear that instances of intimidation and bullying are in fact more prevalent. Fourthly, MPs’ staff require proper HR advice, something that has previously been lacking and will go a long way towards helping to resolve workplace grievances.
Importantly, the new system will be based on the principles of equality, confidentiality and fairness to all parties, and it will be in line with the laws of natural justice. It must command the confidence of all those who will use it. The working group took advice at an early stage that rather than reinventing the wheel, we should work with and build on the many sound processes and systems that we already have in place.
For the benefit of Members, I will turn briefly to the process for making a complaint or raising a grievance against a Member of this House. As colleagues will appreciate, the process for raising complaints against other members of the parliamentary community such as Peers, Members’ and Peers’ staff, journalists and contractors will each differ according to their particular role. All the procedures are designed for the protection of staff and parliamentarians alike and have fairness at their heart. It is intended that the House authorities will procure two independent services, one to consider allegations of sexual harassment and violence and the other to consider workplace bullying and intimidation. Both avenues will provide support and, where needed, will investigate the complaint.
Where informal resolution is not possible and the complaint is upheld, it will be referred to the Parliamentary Commissioner for Standards in the case of a Member of this House. The working group proposes that the commissioner’s role will be expanded and reformed. She will have access to legal advice and will be able to impose a new range of lower-level sanctions that may include a written apology, mandatory training or future behaviour agreements. The commissioner will be able to review any finding by the independent investigator and, where she does so, she will ensure that her investigations are confidential, that both the complainant and the alleged perpetrator have access to all evidence and, crucially, that each has the right to representation or to represent themselves. These measures will ensure fairness.
In the most serious of cases the commissioner will refer her findings to the Committee on Standards. The committee can recommend to the House that an individual is suspended and the House will vote on the recommendation. It is through this route that the existing Recall of MPs Act 2015 could be invoked. The trigger for recall remains the same as it is now and there is no plan for changes to primary legislation. The working group fully recognised that those who work in this place are often in the media spotlight and that vexatious and malicious complaints are a risk. The new procedures will therefore ensure that checks and balances are in place to guard against such complaints.
Finally, I will briefly outline the next steps. A Motion will be brought before the House and a debate will take place in the first two weeks after the Recess. Any necessary equivalent steps will be taken in the other place. It will then be for the House Commission to instruct the House authorities to finalise the agreed processes and carry out their implementation. I am grateful to the Clerk of the House for confirming that the House authorities are ready to begin this work via a series of workstreams that will include: first, developing and consulting on a behaviour code for Parliament; secondly, procuring the two separate services required to support and investigate complaints of sexual harassment or bullying; thirdly, procuring an HR guidance service for Members’ staff; fourthly, developing a staff handbook; and fifthly, identifying and drafting changes to the Standing Orders to finalise the amendments necessary to the procedures of the PCS and the Committee on Standards. The working group will continue as a steering group to oversee the work of the House authorities. It is our intention for the work to proceed at pace over the next few months. Finally, six months after the start of the new scheme, an appropriate body, covering both Houses and having direct staff representation, will review the operation of the new processes.
In conclusion, the working group was formed to bring about change. It is a right, not a privilege, to be treated with dignity and respect at work and this ambitious report is a major step towards a safer, more professional environment. I hope that honourable and right honourable Members across the House will welcome the report, which will, I am confident, ensure that our Parliament is among the best in the world, demonstrating our commitment to equality, justice and fairness. I commend this Statement to the House”.
My Lords, that concludes the Statement.
Lord Newby (LD)
My Lords, I too thank the noble Baroness for repeating the Statement and I thank even more the members of the working group who have worked very hard on an intensive programme to produce this report. I begin by associating myself with what the noble Baroness, Lady Smith, just said about the behaviour that we see from the majority of people who are Members of or work in these institutions. That is what we would expect. But the report underlines—as if we needed telling—that not everybody meets those standards. The number of people who claim to have been the subject of sexual harassment or intimidation and bullying is shamefully high.
Any of us who have been around Parliament for any length of time are not totally surprised, because the abuse of power that it is possible to use as a Member of either the other place or here is pretty considerable. If we search our memory, all of us can think of people who have abused that power for a number of unsatisfactory purposes. It is very good to see that at the heart of these proposals there are sensible and comprehensive ways in which people can complain and have those complaints dealt with.
As I said when we discussed this before, underpinning all of this and more important than the complaints procedure is improving the culture of this place. The complaints procedure is dealing just with what happens when things go wrong. The key thing is to ensure that things do not go wrong to the extent that they have in the past. For this, the Code of Conduct is absolutely key. We have seen how the Code of Conduct of your Lordships’ House, which has been strengthened during my time here, has had a very significant impact on the way Members view their role and how they approach some potential conflicts of interest, for example.
The code and the importance attached to it are fundamental elements of these proposals. For example, I hope that all Members and members of staff will have to sign it in a somewhat formal way. In his last intervention in Parliament, Lord Callaghan wrote to the committee considering the Bill that was bringing together the Inland Revenue and HM Customs and Excise. He said that he hoped that the new merged department would keep the oath that all members of the Inland Revenue had had to sign on joining the department. He told how, as a young man, having formally to sign something that said “I will keep taxpayers’ information confidential” and “I will be honest” had a profound impact on him. Although on one level it seems a small thing, formally getting people to sign something will be very important.
When things go wrong we have very sensible ways to start to deal with them, but like the noble Baroness, Lady Smith, I question the role of the commissioner here. The Statement says the Commons commissioner will,
“have access to legal advice, and will be able to impose a new range of lower level sanctions that may include a written apology, mandatory training or future behaviour agreements”.
The idea of having future behaviour agreements for Members of your Lordships’ House rather appeals to me, but it is quite a change. If we are to do it—this will no doubt be one of the things that we will discuss in our debate after Easter—we will need to make sure that the commissioner here has a very clear remit and that all noble Lords and staff are absolutely clear what that remit is and how it should be exercised.
There is also a question for us as to which body will be reviewing this on a regular basis. The idea of having a six-month review is great, but which committee will have this formally in its remit? I suspect it is the House of Lords Commission but I am not absolutely sure. Some body here has to own this policy or it will not be properly implemented.
However, these are largely questions for the future. Today, we must simply welcome the Statement and the substantive work that underpins it and commit ourselves to do whatever we can to make sure it is properly implemented.
Baroness Evans of Bowes Park
I am very grateful to the noble Baroness and the noble Lord for their comments. Although he is not in his place, I want to put on record my thanks to the noble and learned Lord, Lord Hope, who has played an important role in the working group and been extremely helpful. He has dedicated a lot of his time to it. I also echo the noble Baroness’s thanks to the staff and the secretariat, who have worked incredibly hard on this important report.
The noble Baroness asked about advice for MPs and Peers. That is a key thing that the working group wants to make sure is available, as will be much more extensive training on a whole range of issues. On her question on sanctions, the working group did not propose any new sanctions for this House or the other place—this House already has the power to suspend or expel a Member who is guilty of misconduct—but the noble Baroness is absolutely right: there will be a range of sanctions at different points. As I mentioned, perhaps an apology will be enough; if not, sanctions will be graduated. As the investigations go through and the seriousness of the offence becomes clear, the sanctions available in relation to it will change.
Both the noble Lord and the noble Baroness asked about the role of the Lords Commissioner for Standards. She gave evidence to the committee and has been involved in conversations, as has been the Commons commissioner, and of course she will be involved in any developments going forward. Investigations, sanctions and the Code of Conduct will need be reviewed by our Commissioner for Standards and the Lords’ Conduct Sub-Committee. The sub-committee will then need to make recommendations to the Committee for Privileges and Conduct. At the end of the process, the House will take decisions on what changes are necessary. Our commission will be involved in discussion and in helping set things in motion, but if changes are to be made to the Code of Conduct, we will of course go through the proper channels so that the House has the opportunity to accept and approve what may happen.
The noble Baroness might like to look at paragraph 84 in relation to trade unions, although I fear it will not go quite as far as she might like. But there is reference in there. I certainly agree with both the noble Lord and the noble Baroness that work needs to move speedily. The noble Lord is right about the need for a culture change, which is why there is specific chapter in the report on that.
I thank noble Lords for their support and once again thank the noble and learned Lord, Lord Hope, for his help on the committee.
Lord Bew (CB)
My Lords, I thank the Leader of the House for repeating the Statement. I immediately declare an interest as chairman of the Committee on Standards in Public Life. Following our meeting this morning, our committee has already issued a warm statement of support for this document. There is a laconic reference in the Statement to “challenging discussions”. I indeed attended one such discussion chaired by the Leader of the House of Commons, Andrea Leadsom. I offer my personal congratulations to her. On 21 December, she made a Statement and then everything seemed to get stuck for quite a time. It is now unstuck; we now have real progress. I add to that my congratulations to all the other parties in the House of Commons, who after a vigorous debate have contributed to this agreement. The Speaker in the other place was quite right that there was no possibility of any real progress on this matter unless there was cross-party agreement. Yesterday afternoon, that finally materialised.
The great thing about this document is that it echoes the best practice of the best employers outside the House, which is what is so important about it. It is also important in that it strengthens the role of the parliamentary commissioner. I suspect it needs to be strengthened in other ways as well, but it could be seen as an important moment in that process.
Perhaps I may set out one final proviso, for which the committee has expressed support—points in that regard have already been made by the noble Lord, Lord Newby. I hope the noble Baroness accepts that much will continue to depend on the leadership culture in the House. These proposals are excellent, but they will depend on a continued transformation of the leadership culture in both Houses.
Baroness Evans of Bowes Park
I thank the noble Lord for his comments and for his evidence to the committee. I am sure we will work closely with his committee as we move this work forward. He is absolutely right about the need for leadership, which is why I hope, and am sure, that our House commission will play a role in helping to make sure we can oversee these changes. It is partly why the working group will become a steering group: to make sure that we see the rapid progress that the noble Baroness was talking about and that we continue to provide leadership and representation across both Houses to get these processes in place.
Baroness Symons of Vernham Dean (Lab)
My Lords, as I am sure most noble Lords do, I welcome the report; it takes a difficult matter very seriously. However, there are a couple of points on which I would be grateful if the noble Baroness could provide us with some further information.
The Statement says that the working group recognised that those who work in this place are often in the media spotlight and that vexatious and malicious complaints are a risk. It goes on to say that procedures will ensure that checks and balances are in place to safeguard against such complaints. Can the noble Baroness say a little bit more about such checks and balances? It has perhaps been felt that once an individual is targeted, all sorts of other people will then say, “Yes, this dreadful thing also happened to me”. I am sure that is often entirely true, but on the point made in the Statement about vexatious complaints it would helpful if the noble Baroness could say a little more.
My second point is about what we call “inappropriate behaviour”. As my noble friend Lady Smith said, it can mean different things to different people. It might be an inappropriate remark to somebody which is embarrassing or just plain silly. That is very different from bringing pressure to bear on an individual to respond to a sexual advance. Will the noble Baroness say a little more about the definition of what is really inappropriate?
Baroness Evans of Bowes Park
On the noble Baroness’s second point, about inappropriate behaviour, she is absolutely right, which is why we are procuring external experts, one with specific expertise in sexual violence and sexual harassment and another to look more at bullying and harassment. They will have the expertise and knowledge to help those who wish to complain work out what they want to do and to give them support and guidance. That is part of why we are going externally to deliver these services: to make sure we have experts who can help victims and complainants navigate the process.
On vexatious claims, the noble Baroness is absolutely right: it was a concern raised within the working group and by various people who gave evidence. Obviously, confidentiality throughout the process will be key. As the Statement made clear, we will also make sure that both victims and alleged perpetrators have access to the information available and to support, advice and representation if they need it. That way, we can make sure that everyone is able to put their case forward and that both parties can respect whatever decision is ultimately made and deal with its outcome, be it the perpetrator having a sanction imposed or the victim feeling that they have had their case properly heard.
Baroness Barker (LD)
My Lords, like other noble Lords, I welcome the Statement and the report. The noble Baroness was very clear that the new procedure will apply to behaviour not just in this place but elsewhere—I think she referred to elsewhere in connection with a person’s role as a parliamentarian. Can she add some more information and detail to that? Also, how will people who believe themselves to have been victims of abuse elsewhere be enabled to access the new procedures, which, as I understand them, will operate largely within this building? How will people from outside access the new service?
Baroness Evans of Bowes Park
One issue that we were unable to resolve within the group because it was complex was around constituents and constituency offices. On that side of things, there is further work to be done, because it was clear that it is a complex area. Obviously, underpinning all this is a new behaviour code which everyone will sign up to. That will be around behaviour within one’s role, which will obviously apply to behaviour outside Parliament.
Lord Elton (Con)
My Lords, this may be a point for the later debate but it occurs to me that it might be useful to have a slightly more defined statement than that one of the sanctions might be apology. A private apology, a public apology and an apology in the House are three totally different things.
Baroness Evans of Bowes Park
My noble friend is absolutely right and that is why the Commissioner for Standards, the Lords’ Conduct Sub-Committee and the Privileges and Conduct Committee will be involved in developing what type of sanction, as my noble friend points out, is relevant and appropriate at various stages. Again, that is something that will then come back to the House if we need to make changes.
Baroness McIntosh of Hudnall (Lab)
My Lords, I apologise for not having read every detail of the report but, going back to the answer that the noble Baroness gave to my noble friend Lady Symons, I am slightly puzzled by the role of the independent experts she mentioned. I can see that there is value in people who are thinking about making a complaint or have already gone some way towards doing so being helped to understand what the process would be for doing that, but is there, anywhere in the continuum envisaged, a role for mediation that would include both, as it were, complainer and complained against? I ask because I think it is a matter of fact in law that harassment is in the mind of the beholder. That is to say that it is not for the person doing the harassing to determine whether they have harassed somebody; it is in the first instance for the person who feels themselves injured to determine that that is the case. Sometimes, in order to resolve it, it is necessary for both parties to see their own behaviour differently. Can the Minister tell us how that is likely to work in practice?
Baroness Evans of Bowes Park
Yes, the noble Baroness is absolutely right. The intention is to procure two independent services, including one independent sexual violence adviser service and another workplace dispute resolution service. So there will indeed be opportunities for mediation and if that can solve the issue, that is fantastic. The services will also mean that if that cannot happen, the complainant can move forward and if worse things have happened, further sanctions can be involved. That is at the heart of what we want to do: we want to make sure, obviously, that everyone has a workplace in which they feel safe and valued.
Palace of Westminster: Restoration and Renewal
Baroness Evans of Bowes Park Excerpts(6 years, 3 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Evans of Bowes Park
That this House concurs with the House of Commons in their resolution of 31 January, and accordingly resolves that this House—
(1) affirms its commitment to the historic Palace of Westminster and its unique status as a UNESCO World Heritage Site, Royal Palace and home of our Houses of Parliament;
(2) takes note of the Report of the Joint Committee on the Palace of Westminster Restoration and Renewal of the Palace of Westminster (Session 2016-17, HL Paper 41);
(3) accepts that there is a clear and pressing need to repair the services in the Palace of Westminster in a comprehensive and strategic manner to prevent catastrophic failure in this Parliament, whilst acknowledging the demand and burden on public expenditure and fiscal constraints at a time of prudence and restraint;
(4) accordingly endorses the unanimous conclusion of the Joint Committee that a full and timely decant of the Palace is the best and the most cost-effective delivery option, as endorsed by the House of Commons Public Accounts Committee and the Infrastructure and Projects Authority;
(5) accepts that expenditure on the Palace during this Parliament will be limited to preparatory work for the comprehensive programme of works envisaged, together with works essential to ensure the continuing functioning of the Palace;
(6) endorses the Joint Committee’s recommendation that a Sponsor Board and Delivery Authority be established by legislation to develop a business case and costed programme for the work to be approved by both Houses of Parliament, and to commission and oversee the work required, and that immediate steps be taken now to establish a shadow Sponsor Board and Delivery Authority;
(7) instructs the shadow Sponsor Board and Delivery Authority and their statutory successors to apply high standards of cost-effectiveness and demonstrate value for money in the business case, to report back to Parliament with up to date costings and a realistic timetable for the duration of the work, and to include measures to ensure: the repair and replacement of mechanical and electrical services, fire safety improvement works, the removal of asbestos, repairs to the external and internal fabric of the Palace, the removal of unnecessary and unsightly accretions to the Palace, the improvement of visitor access including the provision of new educational and other facilities for visitors and full access for people with disabilities; and
(8) affirms that the guarantee that both Houses will return to their historic Chambers as soon as possible should be incorporated in primary legislation.
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, today’s debate is about the restoration and renewal of this iconic building. It is a building steeped in history, and of course today marks one of those historic occasions, as it is 100 years since Parliament passed a law which allowed women to vote for the first time. Following this debate the House will be asked to take an important decision about whether or not to support the proposition that was agreed last Wednesday in the House of Commons. As this is a Motion for the House rather than for the Government, it will be a free vote on our Benches, as it was in the other place. Before we begin, I should acknowledge that this debate has been a long time coming—I note the wry smiles and noise from around the House. But there has been a lot of preparatory work and discussion in both Houses to get us to this point.
I am sure that the House would like to join me in paying tribute to the excellent report produced in 2016 by the Joint Committee on the Palace of Westminster, co-chaired by my predecessor my noble friend Lady Stowell of Beeston, and my right honourable friend the Secretary of State for Transport during his time as Leader of the Commons. Others members of that committee are present today, including the noble Baroness, Lady Smith, and the noble and learned Lord, Lord Wallace of Tankerness. The House owes them, along with the R&R programme team, a huge debt of gratitude for the work they have done in laying the foundations for today’s decision. I also thank the many noble Lords from all sides of the House who attended the drop-in sessions that I hosted with my right honourable friend the Leader of the Commons before Christmas, and those Peers who have taken the time to visit the basement, the roof and other parts of the Palace with members of the R&R team.
Last Wednesday the House of Commons debated a number of options on how to proceed with the work everyone agrees needs to be done to this building. It made a decision to progress by endorsing the Joint Committee’s recommendation that a full and timely decant of the Palace is the best and most cost-effective delivery option. I have no hesitation in commending the Motion that the other place voted for to your Lordships.
There are difficult decisions to be made on how we best protect one of the world’s most iconic buildings for future generations, but we must address these decisions head on. The patch and mend approach is no longer sustainable. The way forward on R&R must be supported by both Houses as the solution has to be right for Parliament as a whole. A programme of this scale and national significance should command the broadest possible consensus. Therefore, this House must agree a Motion which is substantively the same as that agreed by the other place—otherwise we will once again reach an impasse.
That means that, if the amendment proposed by my noble friend Lord Naseby were to be agreed by this House, both Houses would have taken materially different decisions. This would mean it was likely that no progress could be made until time was found for the other place to debate this matter again and, in effect, reconsider the position that it agreed last week only after lengthy delays and a series of votes, and I am afraid that we would be no closer to making progress. I hope that the majority of your Lordships will agree that this would not be a desirable outcome. I will respond in more detail to the amendment that has been tabled at the end of the debate.
There are some critical risks now facing the Palace of Westminster. First, the lack of fire compartmentalisation means that fire patrols around the clock are necessary to keep us safe. Over the past 10 years, 60 incidents have had the potential to cause a serious fire. Secondly, there is a huge amount of asbestos in the building, much of it in the plant rooms and voids where the mechanical and engineering work needs to take place. Thirdly, many pipes and cables providing essential services are decades past their lifespan, with some now being impossible to access. This network of services, which has developed in an ad hoc way since the reconstruction of the Palace in the 19th century, is under such strain that the failure of one of them might render the building uninhabitable.
The likelihood of a major failure increases the longer that these systems are left unaddressed. While the House authorities are satisfied that the Palace is currently safe, it will become ever more difficult to maintain and manage this level of safety with every year that passes. Thankfully, the increasing risks facing the Palace are not structural ones but, while restoration work is already taking place to the exterior of the Palace, and can be done without significantly disrupting the business of the House, stripping out and replacing these ageing services will require a more substantial decant of the Palace. Indeed, some of the exterior renovation work taking place now can be disruptive in terms of noise. Many of your Lordships may remember the temporary suspension of the House at the end of 2016 because of stone-blasting work in the courtyard. The requirement to work around the sitting patterns of both Houses also has a significant impact on the timeframes and costs.
So there is a pressing need to repair the services in the Palace, but we must also acknowledge the likely costs associated with a programme of work of this magnitude and the fact that the burden will fall on the public purse. So while it is our responsibility as stewards to safeguard this UNESCO world heritage site, it is also our responsibility to ensure value for taxpayers’ money. For our part, the Government have said that there can be no blank cheque for this work, and value for taxpayers’ money will frame the choices that we make. If we do agree the Motion that this work should proceed, it will still be important to thoroughly examine the costs and manage the work in a way that avoids the unacceptable cost and time overruns that have occurred with other projects such as the refurbishment of Elizabeth Tower.
It may be helpful for me to briefly set out the next steps should the House agree to the Motion before us today. The next phase of work will be the development of an outline business case including the design, up-to-date costs and how the programme will be delivered. Significant time and investment will be required to get this right. To supervise this work, the Joint Committee recommended that a sponsor board be established to represent Parliament as the client. The board will have parliamentarians from both Houses as well as external members, including the chair, with expertise in heritage and project management. The sponsor board will oversee the work of a delivery authority that will be made up of professionals with the expertise to manage and deliver a project of this size. This seems to be the right approach.
As noble Lords will be aware, the Joint Committee’s report identified the Queen Elizabeth II conference centre as the preferred venue to accommodate this House during the works. It is likely that the House of Commons Chamber will be accommodated in Richmond House. But I should emphasise that feasibility work on these options is still ongoing and no final decisions have been taken. These arrangements will also form part of the business case. Once the outline business case has been produced, it will be brought to both Houses for approval. If approval is given by your Lordships and the other place, it is anticipated that the decant of the Palace will commence no sooner than 2025.
Later this month the commissions in both Houses will be invited to consider and agree the governance arrangements for the sponsor board and delivery authority. If they are content, the House authorities will launch a recruitment round for the external members who will sit on the sponsor board, including the chair. Engagement with Members will be one of the key roles of the sponsor board, as it will be crucial for their views, as well as those of the staff, public and other stakeholders, to inform and shape the programme, particularly the design, as it develops.
In the meantime, significant and essential repair and improvement work to the Palace will continue to take place. This includes ongoing restoration work to Elizabeth Tower, Westminster Hall, the cast-iron roofs and the stonework in the courtyards. In the Commons the renovation of the Northern Estate, which is an important enabler for the wider R&R works, will also continue.
I end simply by reiterating my thanks to my noble friend Lady Stowell, the noble Baroness, Lady Smith, and the noble and learned Lord, Lord Wallace, and the other members of the Joint Committee participating in today’s debate—the noble Lords, Lord Laming and Lord Carter of Coles, and my noble friend Lord Deighton—for their hard work and patience in laying the foundations, which has allowed us the opportunity to make progress on this important matter. I beg to move.
Amendment to the Motion
Baroness Evans of Bowes Park
My Lords, I am grateful to all noble Lords who have contributed to this important debate. I am also grateful for the near unanimous support that has been expressed from all sides of the House in support of the Motion, and for the number of noble Lords who pointed out that this may be the only time that this happens while I am Leader.
It has been a high-quality debate, and noble Lords across the House have eloquently set out the risks that this building faces and acknowledged the work that needs to be done. I was also very impressed by the number of noble Lords who have been on the basement tours. I have been on several myself and can only agree with the noble Baroness, Lady Andrews: they alarmed me.
I will now try to respond to some of the points raised in the debate. The noble Baronesses, Lady Andrews and Lady Jones, the noble Lords, Lord Carter, Lord Stunell, Lord Kirkwood and Lord McKenzie, and the noble and learned Lord, Lord Wallace, all rightly talked about the need for the management of risk and safety and raised valid concerns. To contain the risks in the run-up to decant, the Strategic Estates team is carrying out a programme of fire safety improvement works which are due to be completed in about a year and will conduct a further round of medium-term mechanical and electrical works but, as noble Lords have rightly said, these are sticking plasters and not a long-term strategic solution.
The noble Lord, Lord Newby, raised the issue of Member communications, and communications with Members of both this House and MPs will of course be important throughout the programme. It is anticipated that the sponsor body will establish a number of consultative forums to which Members of both Houses will be able to feed their views, which will cover the wide range of issues that your Lordships have spoken about today and, I hope, allow the expertise of both this House and the other place to feed in to make sure that we do the best we can by this building. The two House Commissions and the domestic committees in both Houses will of course continue to play a key role.
The noble Lord, Lord McKenzie, also rightly mentioned staff consultation. The Joint Committee took evidence from parliamentary staff but, as with Members, it will be important to ensure that the sponsor board takes into account the views of staff and feeds them in to the programme. It will take that extremely seriously.
The noble Lords, Lord Blunkett, Lord Kirkwood, Lord Cunningham and Lord Newby, and my noble friend Lord Maude all rightly talked about renewing democracy and looking at the use of this building. There will of course be scope in the programme to support changes to the way in which Parliament works and how the building is used by Peers, staff and MPs. Public access and engagement, as the Joint Committee noted, will be an important theme in the design stage and I am sure that the sponsor board will wish to engage widely with both Members and the wider public.
The noble Lord, Lord Blunkett, and my noble friends Lord Lingfield and Lord Deighton rightly talked about the need for the regional distribution of work. The use of off-site workshops has the potential to distribute the work around the UK and, possibly, speed it up. We are already seeing this. The cast-iron roof panels, for instance, are being refurbished in south Yorkshire, and the tiles being replaced are manufactured in Shropshire. I very much hope and expect that as we progress the work, this will happen on a grander scale.
The noble Lords, Lord Blunkett, Lord McKenzie, Lord Stunell, Lord Lisvane, Lord Bassam, my noble friends Lord Lingfield and Lord Deighton and the noble Baroness, Lady Smith, all talked about apprenticeships and skills. The programme will require a large, highly skilled workforce with both traditional and modern skills. The programme team has already been in contact with Crossrail, the Building Crafts College that my noble friend Lord Lingfield mentioned and others to discuss how we might establish an effective apprenticeship programme to encourage and make use of it as part of the renewal of this building.
I assure the noble Lords, Lord Blunkett and Lord Carter, the noble Baroness, Lady Brinton, the noble and learned Lord, Lord Wallace, and my noble friend Lord Blencathra that a major element of the proposed works will include significantly improving disabled access in the palace, which does not currently meet modern standards. I hope that the noble Baroness will bring her expertise to bear on some of the work in this area. She rightly raised some important issues which need to be looked at.
A number of noble Lords, including the noble Lords, Lord Naseby, Lord Newby, Lord Cormack, Lord Cope, Lord Renfrew, Lord Freeman and Lord Lingfield, the noble and learned Lords, Lord Hope and Lord Wallace, and the noble Baroness, Lady Bloomfield, all referred in various degrees to the QEII Centre. As I mentioned in my opening remarks, the centre was identified by the Joint Committee as the preferred option for temporary accommodation for the House of Lords, including its Chamber. However, these recommendations are subject to the approval of this proposal, followed by further feasibility work and value-for-money assessments. I stress that no decisions have been made at this stage. A number of commercial implications will need to be considered. In the meantime, the centre remains fully open for business. The QEII Centre would not close immediately and there will be time for further work on developing additional conference and events capacity in London. Closure of the centre would need to be carefully managed to ensure that the impact on London’s commercial reputation as an international meetings capital and the UK’s reputation as an important meetings destination are not unduly prejudiced. I assure noble Lords that those thoughts will be in the mind of the sponsor board.
The noble Lord, Lord Butler, and my noble friend Lord Cormack both asked about Portcullis House and Richmond House. The use of Portcullis House is a matter for the Commons commission as it forms part of the Commons estate—as Millbank House forms part of the Lords estate. Redevelopment of Richmond House will be addressed by the Commons, but any work that happened would retain the historic Richmond Terrace, as well as the grade 2 listed parade on Whitehall. This work will need to be considered more fully and no final decisions have been made.
The noble Baroness, Lady Brinton, asked about maintenance costs. The outline business case will include whole-life cost, which includes both construction costs and ongoing maintenance costs thereafter, usually over a 60-year period. We spend many tens of millions of pounds each year on keeping this building going. The R&R programme offers scope to reduce long-term maintenance costs significantly. My noble friends Lord Horam, Lord Renfrew and Lord Maude, the noble Lords, Lord Haworth, Lord Lisvane, Lord Vaux and Lord Addington, and the noble Earl, Lord Lytton, asked about the 2025 start date. Noble Lords all understand the extent of the work that will need to take place and adequate time will be needed to allow for the completion of the Northern Estate programme, arranging temporary accommodation for the Lords, completing the design work, procuring the contracts and establishing the sponsor board and delivery authority. But the timescales have not yet been finalised and noble Lords can certainly be reassured that I have taken on board comments about the speed at which we can do the work. However, as noble Lords have also said, we have to get this right and deliver it well, so there will be a balance between speed and making sure we do it properly.
The noble Lords, Lord Lisvane and Lord Stunell, and my noble friend Lord Norton asked about legislation. If both Houses agree to this Motion, which I very much hope they will, they will take away the very clear message to make progress as quickly as possible. I assure noble Lords that I and the Leader of the Commons are committed to introducing a Bill as soon as parliamentary time allows.
My noble friend Lord Renfrew asked about archaeology. We certainly understand the importance of archaeological access during the programme. The remains of the old Palace still lie under Speaker’s Court and Old Palace Yard and clearly the sponsor board will have to take that into consideration.
As many noble Lords have said, we and Members of the other place are merely custodians of this Palace. It would be irresponsible of us to ignore the pressing concerns that have been expressed around the Chamber. The Palace is part of our national heritage, a major tourist attraction and a cherished part of the fabric of this country, so it is right that we make sure we do what is needed to restore and renew it.
A rolling programme of works, which my noble friend Lord Naseby proposed in his amendment and advocated in his contribution, would take several decades to complete. Despite the scepticism of the noble Lord, Lord Desai, we believe that it would cost much more money and would certainly cause significant disruption to the business of both Houses, which would continue to sit in the Palace while the majority of the work took place. The observations of the noble Lord, Lord Bassam, on Brighton Pavilion were instructive, and the observations of the noble Lord, Lord Deighton, highlighting his experience on major projects, were extremely valuable.
The other place has reached a decision. This debate has shown that the decision also commands consensus around this House. As the noble Baronesses, Lady Smith and Lady Doocey, said, we cannot prevaricate any longer, risk worse damage to the Palace and allow our services to finally give way. We have conducted a series of studies from 2007, as the noble Lord, Lord Blencathra, mentioned, through to the review in 2012 mentioned by the noble Lords, Lord Cunningham and Lord Lisvane, the independent options appraisal of 2014 and the Joint Committee’s important report in 2016, which was well outlined by my noble friend Lady Stowell, which recommended full decant. It is difficult to see what further policy options can be brought to bear. We now need to get on to the planning for how best to deliver the preferred option. I and the R&R team and, of course, the commissions and others who will be involved, will certainly reflect on the many thoughtful and practical suggestions noble Lords have put forward today. We should be anxious to avoid any decision today that prevents us making timely progress. I hope therefore that my noble friend will see fit to withdraw his amendment.
Lord Naseby
My Lords, I listened carefully to all but two of the speeches and was pleased at the number of noble Lords who raised and debated the elements that I suggested needed debating. I particularly thank the noble Lord, Lord Desai, and the noble Earl, Lord Kinnoull, for raising the key point about finance. The issues I have raised are now on the record. I hope that they will provide a yardstick against which the project can be measured as it goes forward, and that they will be thought about. Nevertheless, I recognise that the vast majority of those who have attended today are most definitely in favour of the matter going forward without further ado. I too, of course, want action and to see things move forward. Against that background, I seek leave of the House to withdraw the amendment.
European Union (Withdrawal) Bill
Baroness Evans of Bowes Park ExcerptsWednesday 31st January 2018
(6 years, 3 months ago)
Lords ChamberRead Full debate European Union (Withdrawal) Act 2018 View all European Union (Withdrawal) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Excel spreadsheet of New Clauses and Amendments considered at Report Stage (VND.OPENXMLFORMATS-OFFICEDOCUMENT.SPREADSHEETML.SHEET, 15KB) - (29 Jan 2018)
European Union (Withdrawal) Bill
Baroness Evans of Bowes Park Excerpts(6 years, 3 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Evans of Bowes Park
That the Bill be now read a second time.
Relevant document: 9th Report from the Constitution Committee
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, it is an honour to open this debate on such an important Bill. It is almost a year since I opened the Second Reading debate on the European Union (Notification of Withdrawal) Bill. That Bill began the process of leaving the EU; this Bill ensures that we have a functioning statute book on the day we leave. It is about providing certainty and continuity for people and businesses. It is about ensuring that people’s rights are upheld and legal protections are maintained. It is vital to a smooth and orderly exit from the EU. The Bill is not about revisiting the arguments of the referendum. It is not about our future relationship with the EU, nor is it a vehicle for policy change. It is only part of the programme of legislation required to honour the referendum result.
The Bill begins by repealing the European Communities Act 1972, returning control of our laws to London, Edinburgh, Cardiff and Belfast. The Bill takes a snapshot of EU law that applies in the UK immediately before exit day and ensures that it will continue to apply in the UK afterwards. This will mean that, as far as practical, the same laws will apply the day after exit as the day before. Without this, a large part of our law would fall away when the ECA is repealed.
The Bill also ensures that questions about the meaning of retained EU law will be decided by UK courts in accordance with the case law of the European Court of Justice and the retained general principles of EU law as they stand immediately before exit. This approach maximises stability, ensuring that the meaning of the law does not change overnight. Only the Supreme Court and the High Court of Justiciary in Scotland will be able to depart from the European Court’s retained case law. Future decisions of that Court will not bind ours, but they will be able to have regard to those decisions if they consider it appropriate, in just the same way that they might refer to cases in other jurisdictions such as Australia or Canada.
My Lords, while the conversion of EU law into UK law is essential to ensure that we leave smoothly, simply preserving EU law is not enough. There will be many areas where the preserved law does not work as it should. So the Bill provides Ministers in the UK Government and the devolved Administrations with limited powers to make secondary legislation to address the problems that would otherwise arise when we leave.
These powers allow us to make appropriate changes to ensure our statute book works on day one and provide the UK Government and the devolved Administrations with the discretion that this unique situation calls for. This includes ensuring that Ministers can make the most appropriate choice where a range of corrections are available. This discretion is limited, however, as are the powers themselves. Failing to correct deficiencies in the law would have practical consequences ranging from public authorities submitting reports on water quality which the European Commission will not read, to causing disruption to the City by removing the supervision of credit rating agencies.
The Bill contains several other powers, including a power to implement international obligations and, following a government amendment in the other place, a power to alter exit day in the Bill if the UK and the EU agree to change the date the treaties cease to apply to the UK. Notably, Clause 9 of the Bill provides that the UK Government and devolved Administrations are able to implement the outcome of the negotiations on the withdrawal agreement with the EU. However, following a vote in the other place, the use of this power is now subject to the prior enactment of a statute by Parliament approving the final terms of withdrawal.
The Government have always been clear that major changes will be given effect through primary legislation, but to correct all the EU law that has accrued in the 46 years of our membership is simply not practical to do via primary legislation. Many of these corrections will be largely technical. It is important that all these changes are scrutinised, but they are of exactly the type for which secondary legislation exists. Although I understand the concerns about so-called Henry VIII powers—I am sure we will be debating this at length in your Lordships’ House—it is not so unusual to take powers to amend primary legislation where that can be explained and justified. It is the content of the changes being made, not where in the statute book they sit, that matters.
The Government have been clear that a separate withdrawal agreement and implementation Bill will be used to implement the major elements of the withdrawal agreement between the UK and the EU, including an implementation period pending the negotiation of the precise terms. That Bill, along with several other pieces of legislation required for exit, will come before the House in due course.
Finally, I turn to the Bill’s devolution provisions. We are guided by two key principles. First, we want a functioning statute book on exit; secondly, we want there to be no new barriers to living in and doing business across the UK. So I reiterate that no power whatsoever that is currently exercised by the devolved Administrations will be removed by this Bill. We have a strong record on devolution through the Scotland Act 2016 and the Wales Act 2017, where more powers passed to the devolved Administrations; and we have repeatedly made clear our expectation that there will be a significant increase in the powers of the devolved Administrations as a result of leaving the EU.
We will shortly be publishing our initial framework analysis, which will show that in only a minority of policy areas where EU law intersects with devolved competence do we expect to require a UK-wide legislative framework. Noble Lords will be aware of the Government’s commitment to bring forward amendments to Clause 11, the main devolution provision of this Bill. We, the Scottish and Welsh Governments are part way through a process to shape those amendments and are making good progress. In the absence of an Executive and Ministers in Northern Ireland, discussions are taking place with the Northern Ireland Civil Service, but the Government’s priority remains restoring devolved institutions. This is a complex area that we need to get right, and I hope these amendments will put us on the best possible footing to achieve legislative consent, which remains our overarching objective.
This Bill has been the subject of extensive scrutiny in the other place, and the Government listened and responded to the issues and questions that were raised. Acknowledging concerns about the impact that withdrawal could have on equality law, the Government made amendments requiring Ministers to make a statement alongside statutory instruments made under the Bill setting out whether they amend, repeal or revoke any provision of equality law and, if they do, the effect that has. The amendment also requires Ministers to make a statement that they have, so far as required by equality legislation, had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited by or under the Equality Act 2010.
There was extensive debate on the Charter of Fundamental Rights. The Government’s position on this is clear: the charter reaffirms the rights found in EU law, which will be brought into UK law by the Bill. It is not, and never was, the source of those rights. The absence of the charter will not affect the substantive rights available in the UK, which is why the Government published an analysis of the charter setting out how each substantive right within it will be reflected in UK law after we leave. This analysis looks at how each right flows through retained EU law and how it is otherwise protected by existing domestic or international law after exit. The Government also brought forward amendments preserving some EU-derived rights of challenge for a period after exit.
The Government listened to concerns about scrutiny of secondary legislation, welcoming amendments proposed by the Commons Procedure Committee to establish a Commons committee to sift statutory instruments made under the key powers in this Bill. This House brings a raft of expertise and experience to the process of scrutinising our exit through the Constitution Committee, the EU Committees, the DPRRC and the JCSI, as well as our well-established system for scrutinising secondary legislation through the SLSC.
My intention is that we should build on those strong foundations and incorporate the changes embodied by the new Commons committee into the terms of reference of the SLSC to allow it to recommend, within 10 sitting days, that the House’s consideration of specific negative instruments related to this Bill should follow the affirmative procedure to bring it in line with the procedures established in the other place. I am conscious that, as well as altering its terms of reference, the SLSC would temporarily need additional resources, both in terms of expert advice and members, to allow it to do this work.
I have already had constructive initial discussions with the chairmen of the relevant committees, the usual channels and the House authorities. I will bring detailed proposals before the Procedure and Liaison Committees for consideration in March, and the House itself will then be invited to agree the proposed approach. The Government are fully prepared to bring forward any necessary amendments to this Bill.
Not for the first time, there has been much speculation about what might be expected from your Lordships’ House as we consider this Bill. Some suggest that this House will ignore the referendum or attempt to use the Bill to frustrate the Brexit process. I do not share those concerns. I am keenly aware of the collective sense of responsibility felt across this House to our important constitutional role and I am confident that noble Lords will take a constructive approach to our deliberations. I am also very confident that those deliberations will be thorough and very challenging, which is exactly as it should be. As I have said on other occasions, noble Lords bring a wealth of expertise to our proceedings, and it is precisely when we do this that we show this House at its best. I also know that noble Lords respect the primacy of the elected House and the decision of the British people. I hope that the approach taken in the other place demonstrates our willingness to listen carefully to constructive suggestions and to engage with noble Lords across the House as our country takes this big step.
My noble friends Lord Callanan, Lord Duncan, Lord Bourne and Lady Goldie, and my noble and learned friend Lord Keen, will join me in listening carefully to the debate, and my noble friend Lord Callanan will tomorrow endeavour to respond to as many noble Lords as possible—the first of many challenges he will face as he takes this Bill through your Lordships’ House. He will also be responding to the Motion in the name of the noble Lord, Lord Adonis.
Untangling ourselves from the EU legal order is complex, but we approach it in good faith. We have never said that we would get everything right on our own. We have always been clear we would listen to constructive suggestions for improvements. We have a duty before us to deliver on the will of the British people to leave the EU, and to do so in a way that provides certainty and stability. The Government’s goal is one we all share: ensuring that the UK has a functional statute book after we leave. I look forward to the many debates we will be having over the coming weeks, and I beg to move that this Bill be read a second time.
Business of the House
Baroness Evans of Bowes Park Excerpts(6 years, 3 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Evans of Bowes Park
That the debates on the Motions in the names of Lord McInnes of Kilwinning and Baroness Wheeler set down for today shall each be limited to 2½ hours.
Lord Taylor of Holbeach (Con)
My Lords, in the absence of my noble friend the Leader of the House, I beg to move the Motion standing in her name on the Order Paper.