(5 years, 4 months ago)
Lords ChamberI agree with that. If any Minister misuses statistics then, under the Ministerial Code, as I said, he should put the record right as soon as possible. As I also said, the UKSA covers not just Ministers but all those in public life. We all have a duty to use statistics responsibly, because if we do not, it just debases public confidence in our profession.
In that regard, has the Minister been following the promises made by Mr Johnson and Mr Hunt over the weekend of low taxation and a massive increase in public expenditure? Does he think that those promises should be subject to the Statistics Authority’s considerations?
As a former Treasury Minister, I view with alarm the weeks that are passing during the contest which is under way, where increasingly generous commitments are being made from the headroom which lasts, I think, for only one year. I hope that, in due course, there will be costings for all these commitments so that the members of my party who are choosing which is the most responsible leader can see which one has the most credible economic policy.
(5 years, 7 months ago)
Lords ChamberI hear my noble friend’s concern about the breach of public trust that would occur were that eventuality to take place. I was in my place on 27 March when he spoke on this very subject. He said:
“I have no idea what will happen and I shall not predict. It is very unwise if one does”.—[Official Report, 27/3/19; col. 1854.]
I think that he was right. However, on a more constructive note to my noble friend, I am as anxious as he is to avoid holding the European elections. With that objective in mind, I believe that he might have more leverage with the European Research Group than I have. Perhaps he could persuade those who have so far declined to do so to back the deal so that we have a better chance to call off the election.
My Lords, I wonder whether the Minister can help me. If these elections take place, will the Conservative Party be supporting Conservative Party candidates? Various enunciations made by his colleagues in the other place seem to suggest that they will not actually be supporting the Conservative Party. Can he help us here?
Well, I shall certainly be supporting Conservative candidates in the European elections. I am sure that the noble Lord, led by the Opposition Chief Whip, will be heading a task force to the south-west to support the noble Lord, Lord Adonis, even if the price of success means that we no longer have his contributions to our debates on statutory instruments.
(5 years, 8 months ago)
Lords ChamberMy Lords, I apologise for confusing the procedure. I simply wanted to say a few words before we get to the Marshalled List. The plain fact is that the noble Lord, Lord Grocott, and I, who disagree over the Bill’s provisions, as is well understood, none the less agree on a number of important issues relating to this matter.
The noble Lord has on several occasions drawn attention to the very small number of Peers who vote or take part in hereditary Peer by-elections for the Liberal Democrats and the Labour Party, and I do not disagree with that curiosity. I therefore would not oppose the idea that all hereditary Peer by-elections be conducted on an all-House basis, as are those by-elections for officeholders at present. He has also drawn attention to the small number of female Peers—
My Lords, I wonder whether the Minister might help the House understand what is actually taking place.
Well, let me have a go. I think my noble friend Lord Trefgarne was hoping to intervene on the Motion moved by the noble Lord, Lord Grocott, that Report be now received. However, the question was put, the House agreed and my understanding is that we should now move to the first amendment. It may be that some latitude could be extended on the first amendment for my noble friend to make the point that he was in the process of making.
Clause 1: Overview
Amendment 1
My Lords, I went to the Public Bill Office to put the amendment down, and it took the clerk about 10 seconds to agree that it was entirely in order. It might also be worth flagging up that my noble friend Lord Caithness, after Clause 3, has a very substantial amendment, Amendment 59, which seeks to amend the Bill to include a fully thought through appointments commission. I think it is in order but if the noble Lord feels that it is out of order in any way, I will certainly listen to his argument.
I am grateful to the noble Lord. I have to say that the loss of 40 Conservative hereditary Peers may not be greeted with great sorrow all around the House. Can he tell me how many years he would expect it to take to lose the total of 40? I suspect it would be many years.
My Lords, I am not an actuary but I am sure there are actuarial tables that the noble Lord, Lord Burns, will have looked at in the course of his report. But what the noble Lord’s question really begs is that he does not believe that there will ever be any long-term reform of this House. I have not given up hope. One of the few things that the noble Lord, Lord Adonis, and I agree on is that that is a very desirable way to go forward. I accept that it is unlikely to happen in this Session of Parliament, or indeed in the next, but that does not mean that we should give up on that ability. My fear is that once we have a wholly nominated House, that will be it for another 100 years, and I am not in favour of that.
As the House knows, in 1999 we had a two-stage reform.
(6 years, 2 months ago)
Lords ChamberTo ask Her Majesty’s Government what action they are taking to ensure that all former Ministers seek advice from the Advisory Committee on Business Appointments before taking up appointments within two years of leaving ministerial office.
My Lords, the Ministerial Code was updated in January 2018 to underline the importance of the business appointment rules to both current and former Ministers, and reiterating the requirement to seek advice from the independent advisory committee before announcing or taking up any new appointments. In addition, the Minister for the Cabinet Office has recently written to ministerial colleagues reminding them of the importance of the rules in maintaining public confidence in the integrity of our public servants.
My Lords, I am grateful to the Minister for that response but he will know that the committee so ably chaired by the noble Baroness, Lady Browning, is an advisory committee, not a statutory committee, and can impose no sanctions on any former Minister who does not seek the committee’s approval. Essentially, it remains as a code of honour. We should not be surprised, I suppose, that the latest transgressor of this system is Mr Boris Johnson, who perhaps seems to have a rather distant acquaintance with the notion of honour. When will the Government agree to make this a statutory committee and be able to impose sanctions in order to make the system work?
I join the noble Lord in paying tribute to my noble friend Lady Browning, who chairs ACOBA. Until I read its annual report, I had not realised quite how much work it did—some 230 appointments in a year—or how complex some of the cases were. The noble Lord suggests that the system should be statutory. ACOBA has been non-statutory since it was established in 1975. I see two problems in making it statutory. First, it would be much more difficult to amend it and bring it up to date—it would become less flexible; at the moment it can be updated overnight. Secondly, if you make it statutory I suspect that decisions would take longer to deliver but, crucially, they would then be justiciable: they could be challenged in the courts. I think there is a real risk of crystallising a potential conflict between the rules of ACOBA and the common-law right that individuals have to earn a living in their own right.
(6 years, 2 months ago)
Lords ChamberThose strictures of course apply to the noble Baroness’s noble friend the noble Lord, Lord Adonis, as well, who has perfectly legitimately laid a Motion before your Lordships. I am never popular on my side of the House when I say this, but I agree with the spirit of that Motion and express some sympathy. I agree with some of the sentiments expressed, and I think we should be dealing with amendments as much as we can. I reject the charge of filibuster, particularly when it comes from those Benches that we have had to listen to for day after day filibustering on the question of Brexit.
I agree in principle with what my noble friend Lord Cormack says about incremental reform, but where is the incremental reform on the Liberal Democrat Benches? We introduced provision for retirement, and when I looked at the figures today I noted that despite the retirement provisions being in place for months there are still 98 Members on the Liberal Democrat Benches. They are not stampeding for the exit. There is no incremental reform there. There is no increment at all. I think that those who do not partake in the spirit of reform should be the last to lecture the House on the subject.
There is the question of proportion, which was referred to by my noble friend Lord Cormack. The reality has been alluded to briefly and is that the effect of this measure, if your Lordships pass it, is over time substantially to change the proportions within the House. It has been argued by others that we need to do something because, otherwise, proportions would change. If this measure is passed—I have an amendment on this matter later so I will not develop it at great length—then 20% of the Conservative Benches, 16% of the Cross Benches, 4% of the Liberal Democrats and 2% of the Labour Party would be removed. So it has a profound effect over time.
My Lords, I can see where the noble Lord’s argument is going, but could he tell me at what point we would reach those figures? How many years will it take before those reductions took place?
My Lords, I am not an actuary, but I know that at least 20 of the hereditary Peers on the Conservative Benches are already over 75 and a considerable number of them are over 80. I do not wish the Grim Reaper to visit any of my noble friends or indeed the noble Lords opposite, but the noble Lord knows very well that that is the position. It will happen. This would be statute, and over time that proportion will change. I have an amendment later that I hope will address that question; I hope we will get on and get to it, and I hope the noble Lord, Lord Grocott, will accept it.
I ask your Lordships not to accept strictures from the Opposition Benches but to guard the point of proportion. I agree that this should be a matter for the Government. I think we should also be looking at the issue of more comprehensive reform, as proposed by the noble Lord, Lord Adonis.
(6 years, 6 months ago)
Lords ChamberThe Government may be starting from a low base, but if one looks at all the cars in the country one sees that 0.4% are plug-in electric; the percentage for the Government Car Service is 8.3%, so, to that extent, we are ahead of the game. We are planning to drive up to, as a minimum, 25% of the fleet being electrified—I hope that that will not distress the noble Lord, Lord West—by 2022. As we make improvements through the Bill in which the noble Baroness has taken an interest, it will become easier not just for the Government but for everyone else to invest in low-emission vehicles.
My Lords, is the move to increase the proportion of ultra-low-emission vehicles from 7% to 25% in 2022, which is some years away, an extension of the enunciation by the noble Lord, Lord Henley, that the Government will not be rushed? The Minister knows that there is a serious problem with air quality standards in London and other urban areas. Given the slowness of the Government to respond, can he tell me when he expects this country to reach the standards that have been set?
(6 years, 7 months ago)
Lords ChamberMy Lords, I am grateful to the Minister for repeating that Answer. I think that this is the third occasion on which he has come to the House to discuss these issues, twice in relation to Carillion and now in relation to Capita. It is striking that from the Government’s point of view, Capita is one of the limited number of companies which are privileged to have large government contracts, yet it is interesting to note that the boss of Capita admitted today that the company has no long-term strategy at all. That, to say the least, is a little worrying.
I would also say to the noble Lord that Capita’s record is, at best, patchy. When I mention the messed-up management of the dental register which left hundreds of dentists standing idle, its failure to maintain the Primary Care Support England service which supervises GP and patient records, and failing on the Army recruitment contract, one questions why this Government in particular are so wedded to giving yet more contracts to this company and similar ones. I hear what he has said about Capita being a different model and having a different structure from Carillion, and he said that shareholders will be taking the burden, but I still think I am right to ask him what contingency plans Ministers have put in place to deal with possible defaults on these contracts. Also, can he confirm that improvement plans have been agreed with Capita since its string of profit warnings and yesterday’s financial statement?
The noble Lord said that it is of strategic importance for the Government to have, I think by implication, contracts with a limited number of providers. However, the other side of the coin is that if we have a domino effect—first Carillion, then Capita—a huge swathe of government contracts will be put at risk. Is it right that so much government work should be put in the hands of a very limited number of companies? I would also like to ask whether he agrees that this excludes SMEs from many prime contracts. They have to subcontract with these principal contractors, but we know what happened with Carillion. Carillion was a very late payer and as a result, many SMEs went bust due to its collapse. What is the Government’s approach to SMEs and can we ensure that they get a fair crack of the whip?
(6 years, 7 months ago)
Lords ChamberThe last question the noble Lord put to me is a matter in which we will be engaged in the forthcoming debate on the European Union (Withdrawal) Bill, where there may well be an amendment of the type that he envisages, and it would be wrong for me to anticipate that debate. So far as his first points are concerned, the Information Commissioner and the Electoral Commission are independent offices, with robust chairmen and chief executives, and I am sure they are capable of withstanding pressure from whatever direction it may come.
My Lords, I do not know whether the noble Lord has seen the comments made yesterday by the chair of the Commons DCMS Select Committee, which referred to extracts from interviews given by Nigel Oakes, founder and CEO of SCL Group, in which he made reference to the Nazis leveraging,
“‘an artificial enemy’ to make people scared, and through this to incite hatred of Jewish people”,
and, chillingly, by the former communications director of Leave.EU, Andy Wigmore, who was reported praising the Nazi propaganda machine and boasting of Leave.EU borrowing outrageous and provocative tactics from Donald Trump to keep immigration at the heart of the 2016 referendum campaign. As the chair’s statement said,
“these statements will raise concerns that data analytics was used”—
in the referendum campaign—
“to target voters who were concerned about this issue, and to frighten them with messaging designed to create ‘an artificial enemy’ for them to act against”.
Very encouragingly, today the Minister has said that the Government will consider action in the light of the various investigations that are taking place, but the point I put to him is this: I believe our very democracy is under threat and the Government must take action in this area.
I begin by endorsing what the noble Lord has just said and deploring any language that incites racial hatred or, indeed, any other form of hatred in this country. He will know that the Information Commissioner is investigating exactly this issue of whether information has been improperly used to seek to influence the outcome of an election or a referendum. I made it clear in response to the noble Lord that we are in active dialogue with the Information Commissioner. We have already accepted some amendments to the Data Protection Bill which is currently in another place. We are prepared to do so again if it is necessary to deal with any inadequacies in the legislation.
(6 years, 8 months ago)
Lords ChamberTo ask Her Majesty’s Government what assessment they have made of whether the Electoral Commission has sufficient powers to investigate claims that the Vote Leave campaign broke electoral law during the 2016 referendum on the United Kingdom’s membership of the European Union.
My Lords, the Electoral Commission has ongoing investigations into spending and campaigning on the EU referendum, and the Government will consider any specific recommendations that arise from those. The commission has not so far called for greater investigative powers.
My Lords, these very serious allegations come in the context of the former CEO of Cambridge Analytica claiming that he could fix election outcomes for a fee, using entrapment. Does the noble Lord think that the maximum £20,000 fine per offence that can be imposed by the commission is anywhere near meeting the gravity of the allegations, if proven? Does he consider the Government have shown respect for the independence of the commission, when the Foreign Secretary arrogantly dismissed the whistleblower’s claims as utterly useless? Will the Prime Minister apologise for the shameful outing of Mr Sanni by her political secretary?
My Lords, on the first part of the noble Lord’s question, it is the Information Commissioner’s Office that is investigating the specific allegations about the misuse of data by Cambridge Analytica and its associates. That is a different regime to the one that comes under the Electoral Commission. On the specific question of the £20,000 fine, the noble Lord is correct that the Electoral Commission has expressed concern in the past that this might be regarded as simply the cost of doing business, and it is making representations that it should be enhanced to a higher level. The Government are considering those representations and, alongside any other recommendations that come out of the investigation currently under way, we will then consider what further action to take. Whatever the Foreign Secretary may have said about these allegations, it is the independent Electoral Commission that has the final word as to whether or not an offence has been committed. I have nothing to add to what the Prime Minister has said on the final part of the noble Lord’s question.
(6 years, 8 months ago)
Lords ChamberMy Lords, I too oppose the amendment in the name of the noble Lord, Lord Trefgarne, and add to the points already made by the noble Lord, Lord Blunkett. This is in danger of creating yet another myth about the way in which your Lordships’ House could and should be improved. His amendment is upside down and inside out and contrary to common sense.
I can best illustrate that with a practical example. I apologise in advance if this seems somewhat personal or even morbid, but it is the best way in which I can demonstrate the reality of the situation facing your Lordships’ House. Suppose that suddenly and truly sadly both the noble Lord, Lord Trefgarne, and the noble Earl, Lord Caithness, were—heaven forbid—to be called to higher and greater things. There would then of course be two hereditary by-elections. Incidentally, I think that heaven would do well to forbid. The addition to the heavenly host of those particular noble Lords would be a problem for St Peter.
Whatever the nature and size of the electorate in the consequent hereditary by-elections, one factor is certain. Under the present arrangements two new hereditary Peers would be elected from the list of eligible hereditaries. However, they would of course be chosen within the vagaries and vicissitudes of the current system already referred to by noble Lords. The leadership of the Conservative Party—I hope that the noble Lord, Lord Young, will be able to elucidate this—and No. 10 could have no guarantee that the additions to the Government Benches were as useful or supportive as the Members that they were replacing. Indeed, they could not even be sure that they would be loyal Brexiteers.
That brings us to the amendment and to the report of the Burns committee. Throughout our debate on 19 December—throughout the House on all sides—there was a general recognition that the unique key to progress would be the active and complete co-operation of the Prime Minister and her successors. Without that, we would not make progress. The Prime Minister is clearly numerate. We already know from her letter to the Lord Speaker on 20 February that she had perfectly understandable concerns about the proposals of the Burns committee. In that letter she makes no direct reference to the central and crucial Burns recommendation of two out for one in. But given what I have already explained in terms of the inevitable consequences of continuing hereditary by-elections under the system that we have—which is so devotedly supported by the noble Lord, Lord Trefgarne, and the noble Earl, Lord Caithness—she would be entitled to be extremely cautious in supporting those colleagues on this issue. Just follow the arithmetic implications of the solemn departure of those two noble Lords. No fewer than four life Peers would have to disappear from the Conservative Benches, by whatever means, before the Prime Minister could have just one new recruit of her own choice. Two would already be wiped out by the second departing hereditary before a further two could justify just one new recruit.
I hope that the Minister, in responding to the discussion today, will be able to indicate to us that the Burns report, far from giving an alibi to the noble Lord, Lord Trefgarne, for yet more delay, actually gives us a very strong reason to move forward. If not, frankly, the arithmetic will be nonsense—nonsense in the terms described by the noble Lord, Lord Blunkett, but specifically in terms of the nonsense to the Conservative Benches.
My Lords, the noble Lord talks about statistical nonsense, but does he think that the current representation of the Liberal Democrats in your Lordships’ House bears any resemblance to the votes cast at the last election? Is that not nonsense too?
I was not going to go down that track but the noble Lord is an old friend and I am delighted to dispose of that myth too. My noble friends in this House did not support the deal that was referred to. We were not in that particular discussion. We do not support the deal that was done but we have been unique in being consistent in supporting the case for reform. We supported the case for the 2012 Bill, which gained a majority in the House of Commons of 338—the biggest majority of that type for a big Bill. There was a majority on the Conservative Benches, a majority on the Labour Benches, and unanimity among the Liberal Democrats. I stand four-square behind the reform of your Lordships’ House but until that happens, just as we have to live with these unfortunate facts of life, we have to live with those facts of life too.