Scrap Metal Dealers Bill

Lord Cormack Excerpts

Friday 18th January 2013 Lords Chamber

[Lord Cormack]

My Lords, I could not be here on 30 November, as I was chairing a heritage meeting in Lincoln, where we have suffered from lead theft on the roof of the Medieval Bishops’ Palace. I have been a church warden in Staffordshire for 17 years and the church of which I was warden suffered from lead thieves on more than one occasion. No one could be more wholeheartedly in support of this Bill than I am, and I warmly congratulate my noble friend and Richard Ottaway on all the work that they have done.

I share a number of the misgivings and concerns of the noble Lord, Lord Faulkner, but if this is the price that we have to pay for government support of this Bill—and it seems to be quite a high price—then we have to pay it, because the sooner this Bill gets on the statute book, the better. I hope that my noble friend, when he responds to this brief debate, will be able to give us the assurance that the Government have not only moved this amendment for understandable reasons, but have moved it with a total determination to ensure that the progress of the Bill is not delayed or impaired in any way.

[Lord Skelmersdale]

My Lords, before my noble friend Lady Browning, whose Bill this is in this place, rises to speak, may I ask the Minister how the Government intend to use the next five years, assuming that this amendment is passed? Are there any plans in view for the Government to include in a government Bill the very necessary contents of this Bill?

--- Later in debate ---

[Lord Rosser]

This House has a right to assess the value or otherwise of the amendment before it. The reality is that the amendment will delay the Bill and put it at risk. It is for this House to decide, knowing that this Bill is widely supported by virtually everybody—whether it wants to delay it or put it at risk.

I will not ask the Minister to explain why the Government believe a sunset clause is needed in this Bill and not in virtually every other Bill that your Lordships’ House has discussed since the Government came into office, because I know that he cannot produce a credible reason other than that the Government had to bend to buy off a couple of members of its own party in the House of Commons.

We need to look at the possible consequences if the amendment is passed. For a start, it means that the Bill will have to go back to the Commons since it will have been amended in your Lordships’ House. If the amendment were not agreed or withdrawn, the Bill could complete all its stages in your Lordships’ House and be unchanged from how it left the Commons. It could then become law very quickly, which will not be the position if the amendment is accepted and the Bill has to go back to the Commons, presumably to continue to be dealt with under the Private Member’s Bill procedure. Accepting the amendment means further delaying the Bill; a Bill that virtually everyone apart from a couple of Conservative Members in the Commons believes is needed and needed fast.

[Lord Cormack]

I understand the noble Lord’s exasperation, but we have to accept the situation as it exists. It is unlikely that in the near future the procedure for Private Members’ Bills will alter. My noble friend Lady Browning put forward a real case for our reluctant acceptance of these amendments. She also made the point that we could reap the whirlwind. We could find many excellent Bills from your Lordships’ House sabotaged in the future. We have to bear in mind the realities of politics as they exist and the rules that govern Private Members’ Bills in the other place.

[Baroness Farrington of Ribbleton]

I have listened carefully to the arguments and seldom do I cross swords with the noble Baroness, Lady Browning, but surely, under the existing rules, all that the Government can agree is to put an amendment to this House, which this House must consider on its merits. It is not a matter of honour or honouring what has been done in the other place. We have been given an opportunity and personally, having heard all the evidence about the urgency of tackling this problem, I am grateful for being given the chance to consider an alternative proposal. But, as a Member of this House, it is my job to consider it and act on what I believe.

[Lord Rosser]

Clearly, it is a matter for this House to decide whether it wishes to consider the amendment on its merits. The amendment is not only not needed, it creates uncertainty in a situation where certainty in addressing scrap metal thefts is needed. The amendment would mean that nobody would know what the position would be in five years’ time. Nobody would know whether the changed practices and procedures provided for in the Bill will be permanent or whether we will be reverting back to the current arrangements in five years’ time.

What kind of message does it send to the law enforcement authorities? Are we to expect them to give some priority to enforcing the provisions of the Bill when we are also sending them a message through the sunset clause provided for in the amendment that we are so unsure about the need for the measures in the Bill that they will cease to be effective in five years’ time unless further legislation is passed?

What guarantees will there be that the Bill—

[Lord Cormack]

The noble Lord has already said that there is a three-year review built into the Bill as it is.

[Lord Rosser]

A three-year review does not mean that it automatically ceases after five years, which is the effect of the sunset clause. The two are different. The first is a review: the sunset clause means that the Bill ceases to exist unless further action is taken.

What guarantees will there be that the Bill, if the amendment is agreed, will not be subject to similar threats of being talked out that it has already experienced when it returns to the Commons once again as a Private Member’s Bill. It could be talked out either by the two Conservative Members already involved, who have after all already tasted blood, or through various amendments to the amendment that we are now considering by one or more other Members who might be less than impressed with what has already happened in the Commons and the way that the Government have dealt with it. They may feel that the Government should now be left with a choice of either having no Bill or bringing forward their own Bill.

The noble Earl does not know what will happen to the Bill if it has to go back to the Commons because it has been amended in your Lordships’ House. He cannot give any guarantees, since I assume that the Government are not at this stage thinking of taking the Bill over.

Agreeing to the amendment will create further delay and uncertainty for this Private Member’s Bill which, once again, will run the risk of being talked out in the Commons. The way to avoid further delay to the Bill becoming an Act and the way to avoid the uncertainty caused by the risk that it will be talked out if it has to return to the Commons, is to not agree to the amendment or, far better, for the noble Earl to withdraw his amendment.

Failure on the part of the noble Earl to do that will surely show that addressing internal party problems is of more concern to the Government than securing the passage of the Bill as quickly as possible in the interests of all those who have suffered the consequences of metal thefts, whether from our war memorials, churches or railways. I urge the noble Earl to withdraw the amendment and let us get this Bill to the statute book as quickly as possible and not delay unnecessarily. There is no dishonour in this House in doing that.