King’s Speech

Lord Berkeley Excerpts

Monday 13th November 2023 Lords Chamber

[Lord Berkeley (Lab)]

This was a fairly lightweight King’s Speech, and the elements of transport about which I shall speak are pretty light—although I welcome some legislation on self-driving vehicles; I am sure that we will have some fun debating that. I was very surprised to hear His Majesty say that he was going

“to deal with the scourge of unlicensed pedicabs”.

I do not know how many pedicabs he comes across in his horse and cart. That is a fairly strong word; I think that they are rather fun, but they obviously need some regulation.

I was concerned by the comment from the Minister, when he opened the debate, about the war on motorists. Is he substituting that with a war on pedestrians, cyclists and the environment? I think that we can all live together.

As my noble friend Lord Faulkner of Worcester mentioned, the biggest loss was the lack of any legislation for railways; it is very sad. He went into it in some detail, and he is absolutely right.

Many noble Lords have spoken about the need for investment, including my noble friend Lord Hain in particular detail, but it has to be a wise investment and the Government have to manage or facilitate it in a manner that is best value for money and need. They have to be honest and transparent about this to Parliament. If I have been seen as the only person in your Lordships’ House against HS2, it is not because I do not like railways—I love them—but because their work on HS2 was not followed up well. That was the model chosen by the Government, and while we can debate whether you need very high-speed rail, the costs and overspec meant that, eventually, the Prime Minister was right to cancel it.

What we have to do now is make sure that the Government, whichever Government, invest in any alternatives that many noble Lords have talked about. Is the Department for Transport capable managing this? I refer noble Lords to an interesting report that the National Audit Office put out on 6 November. It says:

“DfT is not able … to deliver all of its priorities”


or

“to deliver its major projects”.

The NAO has looked at the Department for Transport and it goes into some detail about the money that has been, and should have been, spent, and everything else like that. It gives various projects traffic lights: red, amber or green. There are one or two green projects in the Department for Transport, quite a lot of amber ones and the two bits of HS2 are of course red. I could list them all, but we do not have time for that now.

The key for me is that the NAO seems to be right in suggesting that the department seems to be incapable of managing projects or controlling costs. The HS2 case has been made worse by concealing the project costs and timescales from Parliament. I complained to Simon Case in the Cabinet Office a couple of years ago and asked him to investigate whether the DfT was breaking the Ministerial Code by misleading Parliament. He passed my letter to the Department for Transport for it to answer; that was not really the independent response I was looking for. Of course, many Lords committees and a few Commons committees have also complained about this, but, sadly, no one in government seems to have been listening to where this has got to.

I have been talking about railways, but this is about big projects; I suspect that things such as Hinkley Point C are in a similar situation, except we do not get told about it because it will all end up on our electricity bill in 10 years’ time, so maybe nobody minds. My question to the Minister is therefore: what will happen next? This has gone on for 15 years now, so is it not time for a proper independent public inquiry into what has gone wrong with the management, governance, costs and planning of HS2 to find out why nobody in the Department of Transport and the Cabinet generally, the House of Commons or the House of Lords has looked into this and demanded fully independent information on an ongoing basis? That might give some people pleasure, but the most important thing is a lesson for the future. Unless we have this, we will make the same mistakes on projects again and again, and that will not help the investment that many noble Lords have spoken about.

Postal Packets (Miscellaneous Amendments) Regulations 2023

Lord Berkeley Excerpts

Wednesday 19th July 2023 Grand Committee

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I thank the Minister for outlining these regulations as she and the Government desire to present them. As we look closer at them, and upon further investigation, we know that the reality for people living in Northern Ireland will be quite different.

What does the Minister think Northern Ireland’s constitutional position is? Is it a part of the United Kingdom or not? In reality, all the Government are doing through this statutory instrument, these regulations, is strengthening opposition to the Windsor Framework within the unionist population in Northern Ireland because people are seeing the unfolding of the reality. The reality is that the Windsor Framework was sold by the Prime Minister and the Secretary of State for Northern Ireland on spin, not reality.

These regulations directly contradict what the Prime Minister stated when introducing the Windsor Framework on 27 February, namely that it

“removes any sense of a border in the Irish Sea”.

That is a very clear statement. So, does it? In reality, the framework deepens the border in the Irish Sea rather than removing it and does so without there being any redeeming upside in the regulations, which the Government claim exist and existed in the Stormont brake SI.

The regulations have been the subject of a critical report from the Secondary Legislation Scrutiny Committee, which called attention to them on the grounds of there being no consultation or impact assessment. It also highlighted the Government’s refusal to answer key questions about the regulations, which creates the clear impression that they are hiding something.

The fact that the Government seek to hide the true implications of these regulations is reflected in the answers that they provided to the Secondary Legislation Scrutiny Committee. Specifically, they claim that the impact of the regulations is modest and that they just need to be able to give HMRC and the border agency powers to detain and seize illicit movements. In an effort to change the subject, they go on to talk about the introduction of a “green lane” for packages on 1 October. Specifically, they say that their purpose is to secure the integrity of the Windsor Framework by

“ensuring that Border Force and HMRC have powers to detain, inspect, and seize goods moved illicitly in parcels from GB to NI”.

It is interesting that, when the committee in the other place discussed this, attention was drawn to the Minister’s reply that she was concerned about “hazardous” substances, “invasive species” and other things mentioned in the Explanatory Memorandum being transferred by post from Great Britain to Northern Ireland. However, would the Minister not be concerned about them being transferred in parcels from London to Scotland or to Wales? If the regulations are all about protecting markets, why are the Government singling out Northern Ireland?

It sounds reasonable that provision should be made so that the requisite authorities can detain illicit movements, for example of drugs, in parcels but, through the deployment of “illicit”, these words conceal the fact that what is in view is not the movement of drugs and the like but, rather, any goods movements across the border created by these regulations that is in violation of them—movements that are perfectly legal today and just part of what being in the same single market means. Therefore, rather than restoring Northern Ireland’s place in the United Kingdom single market, these regulations give effect to the additional sense in which Northern Ireland is placed outside the single market, which is increasingly becoming a Great Britain single market.

The simple effect of these regulations is to build in the Irish Sea a border that currently does not exist, in relation to which full customs requirements can be made. The consequences of this include packets going from Great Britain to Northern Ireland having to be put in the same category as foreign packages. That is why I asked this question: where does the Minister see Northern Ireland? Is it a foreign country, a third country, or is it a full constituent part of the United Kingdom, equal to every other part? The definition of “exporting” is being changed to include movements from Great Britain to Northern Ireland, replacing references to “the United Kingdom” with “Great Britain”. On the question about what the Minister thinks, empty words and rhetoric will not be sufficient because this is reality. These regulations—the statutory instrument—are reality.

The Minister and the Government mentioned the Belfast agreement—I have no doubt that others will before this debate is finished—and how it is so important to protect it. It constitutes international law. At the heart of the agreement is the following statement:

“acknowledge that while a substantial section of the people in Northern Ireland share the legitimate wish of a majority of the people of the island of Ireland for a united Ireland, the present wish of a majority of the people of Northern Ireland, freely exercised and legitimate, is to maintain the Union and, accordingly, that Northern Ireland’s status as part of the United Kingdom reflects and relies upon that wish; and that it would be wrong to make any change in the status of Northern Ireland save with the consent of a majority of its people”.

I believe that the Postal Packets (Miscellaneous Amendments) Regulations 2023 plainly change the status of Northern Ireland such that it is to be treated as foreign with respect to the rest of the United Kingdom for some custom purposes. That is totally wrong and is deeply offensive to the people of Northern Ireland who, as the noble Baroness, Lady Hoey, mentioned a few moments ago, sacrificed so much——many of them gave their lives—to remain part of this great, cherished United Kingdom.

[Lord Berkeley (Lab)]

My Lords, I rise to speak briefly about another milestone in what I see as the postal service’s disaster this week. I listened very carefully to what noble Lords said about the parcel service, or lack of, between Britain and Northern Ireland, but the other disaster is what many people call the most widespread injustice in British legal history, which is the Horizon IT inquiry. Will we have post offices at all in the future and will they operate properly? It is a very serious issue. The chair of the inquiry, Sir Wyn Williams, published his first interim report on 17 July, which is well documented in the Guardian today. I will give a few highlights of this long-running matter, which has been going on for 20 to 30 years. There are comments that Post Office staff were grouping the suspected postmasters, most of whom have been demonstrated to be innocent, by the colour of their skin. I find it quite extraordinary that this can happen in this century—this was in 2011.

[The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)]

My Lords, the Division Bell is ringing, so let us suspend proceedings for eight minutes. Scamper off, rush back, and we will carry on.

--- Later in debate ---

[Lord Berkeley (Lab)]

I shall be quick, my Lords, because we have been at this for some time.

I was just saying that the Post Office has been continuing to prosecute innocent people. Suddenly, it has found 4,767 new documents, which will of course have to go into the inquiry, delaying it further. I suggest that it is not co-operating at all fully with the inquiry. Nevertheless, its chief executive got a bonus of £455,000 last year, so he must be all right. Fifty executives also got bonuses relating to the inquiry. I ask the Minister this, very gently: can the Government finally get a grip of this organisation? Most importantly, will they read the start of Wyn Williams’s report, which was published yesterday and says that the compensation schemes are running late? It also states:

“Under the legislation now in force all payments of compensation … must be made by 7 August 2024. My current view is that this will not be achieved”.


That is a terrible reflection on Ministers over the years—it is not just the present lot but many other people—but I hope that the Minister can give us some comfort that, once and for all, the Government will get a grip of this horrible project.

[Lord Purvis of Tweed (LD)]

My Lords, it will spare the blushes of the noble Lords, Lord Dodds and Lord Weir, for them not yet to be in their places to hear me say that I agree with everything that they said. The debate that we have had, while more respectful and with more decorum than the extraordinary scenes in the committee of the House of Commons on Monday, does not undermine the seriousness of the measures that we are being asked to approve. “Yes Minister” could probably have had an episode on how to bring forward regulations with considerable impact and long-term consequences, but with an innocuous title, by taking powers very early, before they are necessary, without consulting those who have to implement them and without giving any data on their likely impact and, as a security measure, removing members of a committee which is asked to approve the regulations because you know that they will be significantly concerned about them.

I hope that this is not a trend. As the Minister said, this is not about implementing the Windsor Framework, but I hope that it does not start a precedent for how the Windsor Framework will be implemented. We were told, notwithstanding noble Lords’ concerns in a debate that we had on the Windsor Framework and the view of the noble Baroness, Lady Ritchie, on the wider issue with the framework, that it was starting a new chapter. I hoped that that new chapter would be about transparency, openness, consultation, trying to build consensus, notwithstanding how difficult it would be, and bringing people with the Government on implementation, but this is in stark contrast to the way forward.

Stephen Farry MP intervened on the Minister on Monday calling for support for the business community in GB trading with Northern Ireland. I reiterate that call. It is necessary to carry on the support that is being provided to businesses to overcome some of the difficulties in the Government’s initial protocol so that they can overcome the difficulties that they will face with the implementation of the Windsor Framework. The Road Haulage Association said very clearly that this measure will bring new burdens on business and add to bureaucracy. That is not unfettering. The noble Lord, Lord Dodds, was absolutely correct: this is fettering internal UK trade.

The Minister in the House of Commons said that this SI was the result of “a hard compromise”. That language was not used by the Minister here. It is, to some extent, more honest to say that it results from a hard compromise but when the Government have made that compromise, they then have to own it and act honestly and openly.

Let me give one example of where there is still confusion. I commend the Secondary Legislation Scrutiny Committee’s report. I hope the Minister will have clear responses to its strong recommendations and concerns. They were not made lightly, as the noble Baroness, Lady Ritchie, indicated, but followed proper consideration from a balanced perspective. That should be taken into consideration.

The Government used the example of a granny in GB sending a birthday parcel to her granddaughter in Northern Ireland. That would not be affected by this SI, but if the granny used online purchasing from a company that then used another company to dispatch the parcel to the granddaughter, it would be covered by the SI. We do not live in the 19th century as far as how people send parcels. The Government need to be clear about the estimated number of parcels that are likely to fall under each of the lanes, the percentage that will now be opened for checks and the likely impact on the businesses that would be dispatching and receiving them. The Minister in the House of Commons said that the Government could provide only estimates at this stage, and there is no impact assessment, as there should have been.

On a previous occasion in Committee the noble Lord, Lord Dodds, raised the issue of measures. The Minister said that this is not about implementing the framework agreement but, conveniently, it is about implementing it in order to get out of having an impact assessment. The Government have said that an impact assessment is not needed because, as the Minister said, this is so limited in scope. When it affects all parcels being sent from GB to NI, it is not limited in scope; and when the definition of those will now have to be inserted after “foreign postal packets”, that is not limited in scope either. When will the Government provide the detailed information about the impact of all that is likely to be covered by these regulations?

Gross Domestic Product: Wales and the UK

Lord Berkeley Excerpts

Thursday 6th July 2023 Lords Chamber

[Baroness Penn (Con)]

Just to reassure the noble Lord with regard to Wales, in the first two rounds of the levelling-up fund, £330 million has been invested so far. That exceeds the commitment that 5% of those funds would be invested in Wales, but we always seek to improve our processes around those issues, and I shall happily commit to working with colleagues in the Department for Levelling Up to make sure that we build on the success that we have had so far with this fund.

[Lord Berkeley (Lab)]

My Lords, will the Minister take forward with much more vigour the idea of Celtic Sea offshore wind, which can only really be built in places such as Port Talbot, where there is deep water and lots of land? That might help redress some of the economic disasters that other noble Lords have spoken about.

[Baroness Penn (Con)]

My Lords, the UK has an excellent track record in delivering offshore wind, and I am sure that that will continue. As I have said, we are investing across Wales, and that includes two freeports in Wales—the Celtic Freeport and the Anglesey Freeport, which will both be backed by policy and planning permissions, as well as up to £26 million in funding in each area.

Corporate Profits: Inflation

Lord Berkeley Excerpts

Thursday 29th June 2023 Lords Chamber

[Baroness Penn (Con)]

My Lords, the answer is twofold. We are looking closely at the data and will continue to do so, but we do not see the pattern that the noble Lord refers to so far. We will also work with the regulators in the main areas—the FCA when it comes to the banking sector and the passing on of higher interest rates to savers, as well as mortgage holders—and look at the work of the supermarkets to ensure that their profits are fair and reasonable and driven by fair competition in the sector. We will keep all of that under review. We have agreed a series of steps with the regulators to make sure that action is taken if competition is not working as it should.

[Lord Berkeley (Lab)]

My Lords, does the Minister agree with the IMF that the main cause of inflation is excessive corporate profits, and the fat cat salaries that go with them, rather than the wage claims such as those from people in the National Health Service?

[Baroness Penn (Con)]

As I have explained to noble Lords, the IMF analysis applied to the euro area.

Cross-Government Cost Cutting

Lord Berkeley Excerpts

Tuesday 6th December 2022 Lords Chamber

[Baroness Penn (Con)]

I do not believe that it is within my responsibilities to carry out an audit of special advisers, but I will take the noble Lord’s point back to the department. I should probably declare an interest as a former special adviser myself; I would not be best placed to undertake such work.

[Lord Berkeley (Lab)]

My Lords, perhaps I could be helpful to the Minister and give her some advice. If she wants to save £150 billion, she could cancel HS2.

[Baroness Penn (Con)]

I always welcome helpful advice. However, I am not sure that I can take it up in this case.