Armed Forces Bill
Lord Wallace of Saltaire Excerpts(12 years, 10 months ago)
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Lord Patel
My Lords, the noble Lord, Lord Kakkar, regrets that he is in the other Chamber for a debate. I have also put my name to the amendment and shall speak to it. In a way, it is a probing amendment. On another amendment we have already discussed the need for service personnel who are injured or suffer harm during their service to have appropriate access to healthcare and to have the ability to follow up on their injuries on a long-term basis, and the Minister replied positively. The amendment merely proposes a way in which a defence counsel may facilitate that happening and give out a number that is linked to the NHS number. I know that all UK citizens have an NHS number, and having a number given to service personnel that was linked to the NHS number would enable the long-term tracking of service personnel, particularly those who needed to access healthcare or had been injured or suffered harm during their time in the service. I beg to move.
Lord Wallace of Saltaire
My Lords, there has been a long-standing difficulty in being able to identify veterans within the general population. We have traditionally relied on organisations such as the Royal British Legion to help to understand their longer-term health needs. I agree with the noble Lord that there are clear benefits in being able to identify former service personnel to facilitate research and long-term studies into the health effects of service. In order to do so, it seems eminently sensible to use NHS numbers in England and Wales and equivalent patient tracking numbers in the other devolved Administrations.
Because we understand the importance of such identification, much activity has already taken place in this area. The Surgeon-General already has work in hand with colleagues at the Department of Health to determine the best means of identifying former service personnel through their GPs and NHS numbers. This is part of the wider work to inform GPs about the healthcare needs of veterans and their entitlement to priority treatment.
By coincidence, the Royal College of General Practitioners, in collaboration with the Department of Health and the Ministry of Defence, is launching an e-learning package next week that will also highlight to GPs what additional services are available for veterans. This will further encourage GPs to flag any individual’s veteran status on his or her medical record.
We are also putting in measures for the benefit of current members of the Armed Forces. The task of tracking those who are currently serving for the purpose of research is made easier by measures already in hand in the Ministry of Defence. Following agreement between the MoD and the DoH, any service person now referred to the NHS in England and Wales is provided with an NHS number. There is also an ongoing programme of work with the devolved Administrations that will provide an NHS number, or its equivalent in Scotland or Northern Ireland, to all serving personnel. The primary purpose of this is to provide service personnel with seamless access to secondary healthcare and other NHS services. However, it will also allow us to have a robust evidence base through which to understand the healthcare needs of service personnel once they leave the Armed Forces.
I must, however, disagree with the noble Lord on a couple of points. First, I do not agree that we would want to create a bespoke database to capture such information. There are likely to be more cost-effective methods of gaining such information through existing systems. There are also issues of confidentiality and the personal security of individuals that would need to be taken into consideration if such a database were created. I imagine that the noble Lord will understand better than I do the complexity and additional costs of establishing such a bespoke database.
Secondly, I understand that there is simply no need to legislate for such a requirement, and I am sure that none of us would wish to legislate where there was no need.
I trust that I have reassured the noble Lord and the Committee that work is already in train to achieve the effect that the noble Lord desires. I therefore hope that he will feel able to withdraw his amendment after these assurances.
Lord Tunnicliffe
My Lords, I put my name down as opposing this clause purely as a formality. When I first looked through the Bill, it seemed to me that the clause effectively took away all consultation on the matter of the application of by-laws. This was discussed at a private meeting and I have received a very constructive response from the Minister. However, the procedure that the Minister describes is an administrative one, and I advised him—I hope he has advised his representative today—that I would be entirely satisfied if he were to read the appropriate assurances in the letter into the record. A letter is an ephemeral thing, whereas Hansard is permanent and more effective. I beg to move.
Lord Wallace of Saltaire
My Lords, I am happy to do that. Indeed, my speaking note covers one of these points. I respond by explaining that the Military Lands Acts 1892 and 1900 allow the Secretary of State for Defence to make by-laws to regulate the public use of military land and certain areas of the sea used for military purposes. Under the 1900 Act, by-laws affecting public rights of use of the sea and shore also require the consent of the Board of Trade. Therefore, one of these Acts referred to defence, the other to the Board of Trade.
Change is needed because over the years the wide-ranging responsibilities of the Board of Trade have been reduced and redistributed. Following transfers of functions, these responsibilities are currently held by the Department for Transport. The clause therefore amends the Military Lands Act 1900 in order to remove the requirement that the Secretary of State for Defence must seek the consent of the Board of Trade when he proposes to make by-laws in respect of certain sea, tidal water and shore areas that might affect certain public rights. The rights in question relate to navigation, anchoring, the grounding of vessels, fishing, bathing, walking and recreation.
As well as removing the requirement for the Board of Trade’s consent, the clause requires that, before making such by-laws in the future, the Secretary of State for Defence should take all reasonable steps to ascertain whether the by-law would injuriously affect existing public rights. If it would, he must satisfy himself that the restriction is required for the safety of the public or for the military purpose for which the land is used, and that the restriction imposed is only to such extent as is reasonable.
The procedure for giving public notice and allowing and considering public objection to any by-law currently runs under two different provisions: one for the Board of Trade—and so, now, for the Secretary of State for Transport—in the 1900 Act, and one for the Secretary of State for Defence through the 1892 Act. However, the provisions are almost identical in effect and the clause therefore provides for the repeal of the provision referring to consultation by the Board of Trade and leaves in place the provision exercised by the Secretary of State for Defence.
The clause will therefore not affect the consultation that is carried out before making military by-laws. As now, the legislation will require the Secretary of State to publicise his proposals, to give an opportunity for the making of objections and to consider those objections before deciding. The clause also amends the Military Lands Act 1892 in relation to the procedure for publishing by-laws once they have been made. The clause removes the requirement for the Secretary of State to publish the by-laws in such a manner as appears to him necessary to make them known to all persons in the locality, and replaces it with a requirement that he publish the by-laws in such manner as appears to him appropriate. This is because interest in the effect of by-laws is no longer limited to the immediate locality.
As part of this process of consultation, the relevant Defence Minister writes to the MP in whose constituency the site is located to tell them about the forthcoming public consultation. Advertisements are then placed on the Ministry of Defence website, in national and local newspapers, post offices and libraries, and on notices around the site. In addition, depending on the location of the affected site and the interests that are engaged, Ministry of Defence officials may contact the relevant devolved Administration; the county, district or unitary authority; the parish council, community council or parish meeting that covers the site; the police authority for the area, or its successor as agreed under the Police Reform and Social Responsibility Bill; all people who have expressed an interest; and a range of government and other organisations, such as the Health and Safety Executive, the Environment Agency, the Forestry Commission, the Civil Aviation Authority, the Maritime and Coastguard Agency, the Crown Estate and, if church property is likely to be affected, the appropriate diocese.
Consultation normally runs for five weeks, although we would consider objections that were received after the end of the period as long as the by-laws had not yet been made. All comments are considered and, if possible, changes are agreed with the MoD site operator. All representations are summarised together with the department’s response and presented to the Minister before he is invited to sign to bring the by-laws into force. As a general rule, the Ministry of Defence consults more widely than we are required to do so by statute. We have no plans to reduce the amount of consultation that we usually undertake, and the provisions in the Bill will not alter our approach in this area.
In view of this full explanation, I hope that the noble Lords, Lord Rosser and Lord Tunnicliffe, will agree with me that Clause 24 should after all stand part of the Bill.
Before I complete the contribution from the Government to today’s Committee stage, I should like to say a few words on a separate but related issue—the report on the Armed Forces Bill published by the Delegated Powers and Regulatory Reform Committee on 14 July. My noble friend the Minister has written to the committee chairman, my noble friend Lady Thomas of Winchester, with the Government’s response to the report. In doing so, he undertook to speak to one of the powers to which the committee drew attention. This was in relation to Clause 32, which deals with the commencement of the legislation, and in particular the transitional measures with reference to courts martial proposed in subsection (5). In his absence, I hope that the Committee will allow me to do so. The report noted that the House may wish to seek a further explanation and satisfy itself that the provisions of subsection (5) should require no parliamentary scrutiny. As the report notes, it is usual for the standard form of transitional power conferred in Clause 32(4) to be exercisable without parliamentary scrutiny.
Subsection (5) is not intended as an extension of the power in subsection (4) but is considered useful to make it clear that the power in subsection (4) will be needed to deal with particular situations that may arise under new Schedule 3A to the Armed Forces Act 2006. The situation that we have in mind is that, if an accused person elects trial by court martial instead of by his commanding officer, the court’s powers are limited to those of the commanding officer.
The Bill affects, but does not diminish, commanding officers’ powers of punishment, so it will be necessary to provide for the powers that the court martial will have in a trial after commencement of the Armed Forces Act in the case of an accused who had made his election before commencement. This is therefore very much a transitional measure. I reassure the Committee that our intention is to ensure that the court martial will not be able to impose a more severe sentence than that which a commanding officer could have imposed when the accused made his election. For those reasons, I hope that the Committee will accept that it is appropriate that provision under subsections (4) and (5) should be made by statutory instrument with no parliamentary procedure.
Lord Tunnicliffe
My Lords, I thank the Minister for his full and accurate response on the matter of consultation and for reading it into the record. I am satisfied that the clause should stand part of the Bill. I shall read in Hansard with great care what he said on the Constitution Committee’s response and we will return to it if there is a problem. However, at first pass it seems that the matter is properly covered.
International Renewable Energy Agency (Legal Capacities) Order 2011
Lord Wallace of Saltaire Excerpts(12 years, 10 months ago)
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Lord Wallace of Saltaire
That the Grand Committee do report to the House that it has considered the International Renewable Energy Agency (Legal Capacities) Order 2011.
Relevant document: 23rd Report from the Joint Committee on Statutory Instruments
Lord Wallace of Saltaire
I beg to move that draft Order in Council be approved together with an Explanatory Memorandum, as required for all affirmative statutory instruments. This Order in Council confers, in the UK, the legal capacities of a body corporate on the International Renewable Energy Agency, IRENA. It is a new international organisation that will work to increase the deployment of renewable energy technologies globally. It has been established by a treaty, the IRENA statute. This Order in Council was approved by the House of Commons Committee on 14 July 2011 this year.
The UK signed the IRENA statute in 2009. The Government believe that the UK should now ratify the statute. To that end, a copy of the statute was laid before Parliament on 7 June, together with an Explanatory Memorandum, in accordance with the Constitutional Reform and Governance Act 2010. The statute requires that all members of IRENA should confer legal capacity on IRENA in their territories. We therefore need to make this order to enable the UK to ratify the IRENA statute and become a full member of the organisation.
Let me explain the background to IRENA in a little more detail. This was a German initiative. The statute was agreed in Bonn in January 2009 and subsequently signed by the UK on 26 June 2009. The treaty entered into force in July 2010, after the deposit of the 25th instrument of ratification in Bonn. The statute establishes an international renewable energy agency to promote the widespread use and increased adoption of renewable energy technologies. The principal effect of the order is to enable the UK to become a full member of the agency.
So far, IRENA has 149 signatories. To date, 82 of these signatories have ratified the statute, including the United States, Japan, 18 EU member states, the European Union itself and 49 developing countries. With such a wide membership, IRENA will be the first truly global organisation devoted solely to renewable energy technologies. This is a young organisation, with its first assembly taking place in April this year. However, it has high ambition and is seeking to become an international centre of excellence for renewable energy technologies, with a specific focus on the developing world. IRENA will be able to bring together renewable energy experts from across the world to develop best-practice technical and policy examples. It will also be able to produce objective reports on the renewable energy market to help inform regional development across the world.
Renewable energy needs to play a key role in meeting global energy demand. Deployment has been increasing rapidly in recent years. Of the approximate 300 gigawatts of new electricity-generating capacity added globally during 2008-09, 140 gigawatts, nearly half, came from renewables. Global co-operation, through an organisation like IRENA, will be essential to ensuring that renewable energy deployment continues to increase.
The use of renewable energy has great potential to tackle climate change. The Intergovernmental Panel on Climate Change estimates that between 2010 and 2050, renewables can make CO2 savings of between 15 per cent and 37 per cent against the world economic outlook 2009 reference scenario. There is also a role for renewables in increasing global and domestic energy security. The greater the deployment of renewable technologies internationally, the less pressure there will be on traditional energy sources such as oil and gas.
The deployment of renewable energy technologies can also support greater energy access, particularly in rural communities. IRENA will mean that the UK and others will have a framework within which to share technical and policy expertise with those most in need of securing innovative energy solutions.
The UK has a strong reputation internationally in the deployment of clean energy technologies. We are world leaders when it comes to offshore wind and have just introduced the world’s first financial incentive for increasing levels of renewable heat. In the future, renewable energy will play an increasingly important role in the UK’s energy mix. The renewable energy road map, published in July, sets out the Government’s vision for meeting our domestic renewable energy target for 2020. Increasing our domestic renewables capacity will mean that we can decrease our reliance on fossil fuels. Greater deployment of renewables globally will also mean that costs for these technologies will fall, making fulfilment of our domestic renewable energy ambitions more cost-effective. We want to remain at the forefront of this growing industry and ensure that UK interests are represented in what will be such a landmark global organisation.
The UK Government have made a commitment to push for greater efforts to tackle climate change internationally and to deliver investment to increase deployment of renewable energy technologies. We will thus be acting in accordance with this commitment by becoming full members of an organisation whose activities will help to make this happen. This is an important order, which reflects cross-party commitment to reducing global greenhouse gas emissions. I therefore commend it to the Committee and hope that it will receive the Committee’s full support.
Lord Teverson
I absolutely agree with the noble Lord, Lord Reay, in his use of the word “crippling”. What we have seen over the past few years is a crippling increase in fuel poverty in this country, something like a doubling. I do not know the exact figures, but is up to about 6 million because of the increase in fossil fuel prices that households have to pay. I also agree with that word “crippling” in terms of the increase in energy prices that we have seen. Gas, a well known fossil fuel, has increased by some 30 per cent this year. Those prices are truly crippling. That is the word to use in terms of the repercussions of the fossil-fuel based economy that we have at the moment. I do not want to get into that argument too much.
With regard to renewable energy worldwide, it is tempting to look just at new technologies, but we should remember that, globally, renewable energy was the only energy until the Industrial Revolution; before oil it was a major part. Renewable energy already accounts for about one-sixth of the world's energy production. Of course, that is not wind power or the other new technologies; it is largely biomass—I must admit that not all of that was renewable, but, I hope, most of it now is—and hydroelectricity, which is a major proportion of world energy generation even today. Renewables account for about one-fifth of energy production worldwide.
From what I read on the body's website, it is not just about future technologies, which are not greatly applied, but traditional renewables. That is why it is important to bring together the world community on renewable power. I was pleased to see that there are already 149 signatories and 82 members—including, as the Minister said, the European Union. I was disappointed to see that although the United States is a signatory, that is not true for China, Canada, the Russian Federation or Brazil. I do not know whether they are in the queue to join; I very much hope that they are.
Outside the argument of the cost of renewables against that of fossil fuels and technologies such as nuclear power, it is undeniable that renewables are, have been through human history and will be a really important contribution to energy production globally. That is why it is important that IRENA has been founded. I am surprised that it took so long—until 2009—before it was. The noble Lord, Lord Reay, magnifies imperfections that we all see, but I hope that it will be a body that will help the evolution of renewable power more effectively and successfully.
It is easy to set up international organisations and pay for administrations and bureaucracies, but I would be interested to understand what the priorities are in the practical programmes of IRENA in its next time horizon of three years. That is slightly more specific than the question asked by the noble Lord, Lord Liddle, which is important, of how the UK will contribute. I was not clear from the publicity of IRENA exactly what it was trying to do over the next few years in research and co-ordination, because however worthy an international organisation and its cause is, it must be effective. It costs money, so it has to produce results.
I very much welcome the Government’s move to complete our signing up to IRENA as this is clearly an important area of technology for our future.
Lord Wallace of Saltaire
I thank noble Lords who have contributed. Perhaps I may answer the question from the noble Lord, Lord Liddle, and then extend it to the question of what IRENA’s agenda should be for the next three years.
The United Kingdom has accepted the position of chair of the IRENA policy and strategy committee, so we will be playing a leading part in defining the agenda. British interests are clear. First, we want to support the channelling of investment in energy in the developing world as far as possible towards renewable energy and away from the further consumption of fossil fuels.
Secondly, we wish to promote the full ownership by developing countries of the switch towards renewables. I have to say that the role of Abu Dhabi and the UAE is extremely positive in this. It demonstrates that it is not simply the West pushing this agenda on the developing world, but that we have partners in the Arab world who are themselves actively concerned to assist developing countries in investing in renewables. I will come back to the role of Abu Dhabi in a minute. Thirdly, there are opportunities for UK expertise and industry, both in exports and the economies of scale that come from a larger market, which will then drive down the prices we have to pay for renewable technologies at home.
In terms of a practical programme for the next three years or so, I understand that the underlying purpose of IRENA is to encourage co-operation in renewables across the developing world. In the same way that the IPCC at an early stage put a great deal of effort into training experts from developing countries so that it was not simply a western argument about climate change being put across the developing countries, so IRENA will try to encourage the development of expertise and adoption of these technologies in those countries—both at the macro level and very much at the micro level. In a lot of these developing countries where the population is dispersed, micro power, for which renewable schemes are often extremely helpful, will be very much the local example.
The noble Lord, Lord Reay, made a number of points. I should say to him, first, that we face long-term rising demand for fossil fuel, which is, as we already notice, driving up long-term prices for fossil fuel. Further development of and investment in renewable technologies is moving in the opposite direction, driving down the prices and costs of renewables. That is part of the process we of course wish to encourage.
The Matthew Sinclair book has, as the noble Lord will know, very kindly been sent to, I think, all Members of the House of Lords, and I dare say that a number of us may read it. Countries such as Tonga are not just along for the ride. Tonga is, after all, one of those Pacific islands that have very little land way above sea level, and it is thus directly threatened by the impact of climate change. The Pacific islands are therefore among the most active countries in pushing for a switch to renewables and a really serious effort to contain the expansion of CO2 in the atmosphere.
There is also an energy security dimension to this, as I mentioned in my opening remarks. Dependence on a small number of countries for supplies of fossil fuel over the long term is potentially a major source of global insecurity, and the more that we can reduce dependence on imported fossil fuels for all countries, the better we do.
The UK’s contribution to IRENA’s budget is on the scale provided for in British contributions to the United Nations and other agencies. It is currently £750,000; it will increase to £1 million and, no doubt, in the long run will increase further. The Government’s view and that of our predecessors is that this is a worthwhile and modest investment. I should perhaps add that so far the largest contributors by far to IRENA are Germany and Abu Dhabi, which, in addition to the scale of their contributions, are making some substantial and very valuable voluntary contributions. The interests of Abu Dhabi, I understand, are that fossil fuels should not last for ever as the driver of its economy and that it wishes to diversify its economic interests. This is very much an enlightened approach. German interests are also mixed. Germany has a highly developed renewable energy industry and its Government certainly see major opportunities for exports as this area expands. That is something that we as a country also need to look at, and that is part of where we hope the future revival of British exports may indeed come from.
On renewable energy, I simply say to the noble Lord, Lord Reay, that I spend my summers walking around the Yorkshire Dales, past weirs that used to produce power and in one or two cases, as in Grassington and Upper Wharfedale, used to produce electricity 60 or 70 years ago. We are now at last, although very slowly, beginning to put some of those weirs back into production, producing electricity. The French have been doing this for 30 or 40 years. There is a great deal that we can still do in this country.
I had an argument with a Conservative MP recently who said that it would deface the southern Yorkshire plain if we were to have windmills on it. There are in fact a number of ruined windmills scattered across the plain, but when I drive across it I find that the biggest eyesores that one faces are Drax and the other two big coal-fired stations. If I may say so, I find those who object to switching to renewable energy and wish to go on burning fossil fuels on the scale on that we do, importing coal from Poland, Australia and elsewhere, a little short-sighted in terms of our long-term interests in energy security and the balance between imports and exports.
Having, I hope, answered most of the questions raised, I hope that I may take the Opposition’s welcome as being very much cross-party approval.