European Parliamentary Elections (Amendment) Regulations 2015

Lord Wallace of Saltaire Excerpts

Monday 9th February 2015 Grand Committee

Moved by

[Lord Wallace of Saltaire]

That the Grand Committee do consider the European Parliamentary Elections (Amendment) Regulations 2015.

Relevant document: 18th Report from the Joint Committee on Statutory Instruments

[Lord Wallace of Saltaire (LD)]

My Lords, I shall speak also to the draft Representation of the People (Scotland) (Amendment) Regulations 2015 and the draft Representation of the People (England and Wales) (Amendment) Regulations 2015.

The first draft instrument before the Committee today, the European Parliamentary Elections (Amendment) Regulations 2015, amends the rules for the conduct of elections to the European Parliament to make two consequential changes concerning electoral registration and proxy voting that arise from the move to individual electoral registration—IER.

The instrument also provides for notices containing information about the completion of postal ballot papers to be sent, ahead of the general election in May, to postal voters whose postal voting statement was rejected at the European Parliament election in May 2014 due to an error made by the voter. I will set out the two consequential changes arising from the move to IER which was successfully introduced last year and which, for the first time, enables people in Great Britain to apply online to register to vote. More than 5 million people have now applied under IER, and two-thirds of them have applied online.

The instrument includes provisions which relate to the date relevant to assessing certain grounds for excluding electors from voting at European Parliament elections, including removing references to “15 October” as a relevant date for registration purposes. The instrument also requires proxies at a European Parliament election in Great Britain to be already registered to vote under IER at that election. This is intended to enhance the security of the voting process. These changes mirror provisions that have been applied already for other polls.

Electoral registration officers—EROs—are already required to inform electors after a poll where their postal vote has been rejected because the signature or date of birth used as a “postal vote identifier” that they have supplied on the postal voting statement failed to match that held on record—or because it had simply been left blank. This is to help ensure that these electors can participate effectively in future elections and not have their ballot papers rejected at successive polls because of a signature degradation or because they are making an inadvertent error.

These postal vote provisions applied for the first time at the European Parliament election in May 2014. Although over time we would expect the number of rejected postal votes to fall, because the provision has only recently been introduced we considered that it would be beneficial for those postal voters whose postal voting statement was rejected in May 2014 to be sent information about the completion of postal ballot papers ahead of the general election. EROs will be required to send this during a 10-day period beginning on 19 March 2015. This period has been set as an appropriate time for notices to go out ahead of the general election, and before postal votes could first be received at that poll.

The notice will set out information on the requirements for completion of postal voting statements to help ensure postal voters correctly complete them at future polls. I think that I am right in saying that roughly one in 40 postal votes was rejected at the European Parliament elections—and, clearly, that is a proportion that we very much want to reduce as far as we can. The notice will be for information only, and follow-up action will not be required from the voter, though it will be possible for voters to contact the ERO to resolve the issue that caused the postal vote to be rejected: for example, to correct the date of birth record for the elector held by the ERO.

I am aware that the Electoral Commission and the Association of Electoral Administrators have raised concerns about the proposal on the grounds that there is potential for voters to get confused if they have already made changes to their postal vote provisions following the initial notification, or if they have successfully voted by post in an intervening poll. We have listened carefully to these concerns, but we consider that the second notification will add value. For example, it will be helpful to postal voters who may have forgotten that they received the earlier communication or did not take action at the time they received it to update their personal identifiers. That is part of our answer to the communication from the Electoral Commission issued at lunchtime today.

Our objective is to enhance understanding among postal voters of the postal voting process, which will be timely ahead of the general election. It is simply telling those who have made an error in the past how to get it right, helping to ensure their future participation. I emphasise yet again that the Government’s intention for the forthcoming general election is to maximise the number of people registered, and then to maximise the number of those registered voters who vote successfully.

I turn to the other instruments before the Committee today: the draft Representation of the People (Scotland) (Amendment) Regulations 2015 and the draft Representation of the People (England and Wales) (Amendment) Regulations 2015. These instruments will make refinements designed to improve the processes for making and verifying IER applications: first, by amending requirements as to the documentary evidence to be provided to the ERO when applying for the alteration of an elector’s name on the register; and, secondly, by making it possible for annual canvass returns to be made in a range of formats.

Under the existing regulations, an elector wishing to change their name on the electoral register has to submit a form to their ERO along with a marriage or civil partnership certificate, an overseas marriage or civil partnership certificate deposited with the General Register Office—the GRO—or a deed poll or amended birth certificate. The Foreign and Commonwealth Office discontinued its service of depositing overseas marriage or civil partnership documents with the GRO last year. The draft regulations remove the references to the specific documents and replace them with a reference to “documentary evidence”. It will be up to EROs to decide what evidence they deem to be acceptable in supporting a change. However, ministerial guidance will be available when the regulations come into force, which will set out examples of acceptable documents.

Under the draft regulations, information as to name, date of birth and national insurance number relating to all applications for registration or change of name made otherwise than directly through the IER digital service must also be sent by the ERO for verification against DWP records. The instruments slightly amend the statement in the HEF annual canvass form that the information given in response to the form will be processed in accordance with the Data Protection Act 1998 to replace an incorrect reference to the application form with a reference to the annual canvass form. The existing regulations require returned HEFs to include a “signed declaration of truth” to confirm the validity of the information provided. This requirement for a signature effectively limits HEF returns to being a paper-only transaction. Under the draft regulations, the person completing an HEF is required to make a declaration of truth and give their name, but that declaration does not need to be signed. This will allow for the information in HEFs to be provided online or over the phone.

The draft instruments also delete the regulation which allows for register entries to be carried forward from one year to another, which will no longer apply under IER, and make a consequential amendment in relation to notices of alteration to the register relating to removals from the register when people have died.

In the Scottish regulations, in addition to the provisions set out above, there is a technical provision to amend a regulation on cancelling postal ballot papers by omitting a reference to local government elections in Scotland. This is not needed as the Scottish Government have regulations which cover absent voting matters.

The Electoral Commission has been consulted on these two instruments and was satisfied overall, but raised a number of comments to which the Government have responded to the satisfaction of the commission. The Information Commissioner’s Office has also been consulted but did not consider that the instruments raised any new or significant data protection or privacy issues.

In conclusion, the three instruments before the Committee today will play a part in refining the processes underpinning applications to register to vote as we continue successfully to implement individual electoral registration across Great Britain, and help support effective participation by postal voters. I commend them to the Committee.

[Lord Kennedy of Southwark (Lab)]

My Lords, as the noble Lord, Lord Wallace of Saltaire, explained to the Grand Committee, we have three orders before us today which are being debated together.

The first, which is the European Parliamentary Elections (Amendment) Regulations 2015, will enable and require EROs to write to everyone who had a postal vote at the European election last year and had that vote rejected due to discrepancies between the identifiers held by the ERO and what was completed and returned with the ballot paper.

All voters who had their postal vote rejected at that election will have been written to before, and this, in effect, is a reminder of the problem that led to their vote being discounted and gives them another period to correct the situation. I broadly agree with the noble Lord, Lord Wallace of Saltaire, that that is a good thing to do, but I understand the concerns raised by the AEA and SOLACE in respect of voter confusion, if they have made changes following the previous communication from the ERO.

Does the Minister have the number of postal voters who will be written to—I know that he said one in 40, but how many is that? Is it millions or hundreds of thousands of people? Does he have a breakdown of how many postal voters per ERO? What assistance will the Cabinet Office give to EROs who have a particularly high number of people who need to be written to?

I see that the regulation applies only to Great Britain, so what are the provisions in respect of Northern Ireland? I also note that the political parties were not consulted on it. I think that that is very regrettable. There is considerable expertise in all the parties which could be valuable to the Cabinet Office and the Government. I know that the noble Lord will say that it is up to the Electoral Commission whether to consult with the political parties; I can tell him that it does not. It is a shame that the parties are not in some way involved in the process.

I, too, received the briefing from the commission at about 1 pm this afternoon, and I note that it is not very happy with the order. Will the noble Lord take back to the Electoral Commission that we expect to have its notes in a much more timely manner? No one could take them into account; they arrived literally an hour or two before the debate. It is a waste of time looking at them at this point. I do not agree with the point that it is making, but it is a waste of its time sending the briefing round so late.

The next two regulations amend the process for registered electors to change their name on the published register and for how information on the household inquiry form may be returned to electoral registration officers. I have no issues with these regulations, but I note again that no consultation with political parties has taken place, which is most regrettable.

The commission just does not consult parties on such matters, and the Cabinet Office is losing out on valuable feedback from people who can give a different perspective on these matters. Asking an organisation for its views does not mean that you have to agree with those views. It is a real failure that we do not involve parties much more in this stuff.

My only other comments are in respect of IER in general terms. I still worry that we are not quite getting there. I mentioned in the House last week that to have 30% of our 18 to 24 year-olds not registered to vote is a terrible situation for a mature democracy such as ours. I also said in the Chamber last week that if that was true in any other country in the world, the noble Lord himself would be saying that the British Government expect it to get that sorted and get those young people onto the voting roll. The problem is that this is happening here in our country—our own back yard.

What will the noble Lord be saying to the UN or the Organization for Security and Co-operation in Europe, or its Office for Democratic Institutions and Human Rights—all bodies to which we are signed up and whose initiatives we support—if they decide that what we are doing is not good enough? Is he ready for an inspection to take place by those organisations before or after the general election?

Having said that, I am content to support the orders before us today.

[Lord Wallace of Saltaire]

I thank the noble Lord, Lord Kennedy, for his comments and I recognise his very considerable expertise in this area. I used to think that I understood something about electoral law but I learnt that there is a great deal more than I do not entirely understand.

My understanding is that we are talking about more than 100,000 postal voters being written to—some 114,000 is the figure that I have in mind—and the cost of this, which is thought to be somewhere above £100,000, will be reimbursed. I do not have to hand the exact figures for which areas will be most affected.

There are all sorts of reasons why people do not complete their postal ballots correctly. I am told that one of the commonest problems is that husbands and wives, completing their forms over the breakfast table, often put them in the wrong envelopes and thus the forms have the wrong signifiers on them. However, there is a range of other reasons, including that if people are ill—if they have had a stroke, for example—their signatures change radically.

[Lord Kennedy of Southwark]

Another one is that people put down that day’s date rather than their date of birth. I think that that is the biggest one.

[Lord Wallace of Saltaire]

Yes, certainly. The noble Lord regretted the lack of consultation with political parties. The view was taken that these amendments to the regulations were sufficiently technical that they would not be of great interest to the political parties. However, I take his point and we will do our best to keep the Parliamentary Parties Panel informed of planned changes and not just of planned legislative changes.

[Lord Kennedy of Southwark]

I get the point that these changes are fairly technical, but the Electoral Commission has a political parties panel, which it was required to set up under PPERA. Having been a member of that panel and a commissioner, I am not really convinced that it is officially involved in these issues. I think that there are other things on which you could go directly to parties and that that would be beneficial to the Government and the Cabinet Office.

[Lord Wallace of Saltaire]

I take the noble Lord’s point and I think that it is a good idea in principle for the commission to give too much information rather than too little. I entirely take his point, and it has no doubt been absorbed by the officials concerned. I also take his point about the Electoral Commission’s comments having come in almost so late that there is nothing we can do with them. I am sure that that point will be referred back to the commission.

On the question of name changes on the register, we are very conscious that there are occasions—particularly, for example, with someone who is transgender or whatever—when one does not necessarily want to have one’s previous name out in public. Therefore, there is a whole set of issues concerning the delicacies, in some cases, of including previous names.

The noble Lord also raised the question of IER in general terms. I will say two things on this. First, the initial feedback from the National Voter Registration Day last Thursday is that some 160,000 people registered in one day. That is way above what has previously been the case. That was online. We do not yet know what has come in on paper but that is good news and we are continuing to work on it.

I reinforce that by saying that I addressed more than 200 students at York University on Friday afternoon, together with a panel of people from other political parties. I found that fascinating for a whole set of reasons. First, it was a crowded lecture hall with more students wanting to come than we had expected. Secondly, after it had concluded, one or two students came up to me and said, “Well, I was thinking of not bothering to vote this time, but maybe I will”. That is the problem we all have, and it is why, every time I get up in the Chamber having been asked a question on this, I say that we all have to be out there talking to as many groups of young people as we can to explain, first, how vital it is that they register, and, secondly, how important it is that, having registered, they then vote. That message has not got out to many of them and it is the underlying problem that we all face. The National Union of Students is doing a lot in that respect and we are working also with universities.

As the noble Lord will recall, the Government have just announced a further set of funding for various voluntary organisations to work, in particular, with vulnerable groups. As I said to some of the students at the end of our discussions on Friday, I have no doubt that when we come to the last possible date for registration, we will discover that a large number of young male students in particular—young female students and others are often better organised—will register at the last minute, and I very much hope that that will take us towards the high level of registration that we need.

Motion agreed.

Deregulation Bill

Lord Wallace of Saltaire Excerpts

Thursday 5th February 2015 Lords Chamber

[Lord McKenzie of Luton (Lab)]

My Lords, we have a good deal of sympathy with the amendment, which, as the noble Baroness said, has cross-party support in Bristol. I have been in touch with the leader of the Labour group there, who confirms her support for it.

As we have heard, Bristol was one of 12 cities that had a referendum foisted on it by this coalition Government, and it is worth reflecting on the extent of that mandate. The turnout was 24%, with 41,000 voting for and 36,000 against. So 77,000 people voted and the majority was about 5,000.

We know also that central Governments have an appetite for elected mayors that is not altogether reflected at local government level. The noble Baroness was right to point out how you change your system of governance and the constraints that you have. I have a helpful briefing from the House of Commons Library, which states:

“Under the 2000 Act, any local authority wishing to establish a mayoralty required a ‘yes’ vote in a local referendum. The 2007 Act changed this, permitting local authorities to adopt a mayor by resolution. However, an authority can still choose to hold a referendum on the issue. Alternatively, authorities can be obliged to hold a mayoral referendum if 5% or more of the local electorate sign a petition demanding one … The Government may also compel an authority”—

which is what happened in this case—

“to hold a referendum. The result of a mayoral referendum is binding on a local authority.

The Localism Act 2011 permitted a referendum to be held on abolishing an elected mayor, subject to time limits; and for a referendum to be held on establishing a leader and cabinet, or on using the committee system. Four authorities have held referendums on whether to retain their mayoral system. Electors in Doncaster … and Middlesbrough … voted to retain their elected mayor, whilst those in Hartlepool … voted to replace it with the committee system, and those in Stoke-on-Trent … voted to replace it with a leader and cabinet system.

Authorities which have changed their governance arrangements as a result of a referendum can only make a further change following a further referendum”.

That is not unreasonable. It goes on:

“Where a local authority has held a referendum on its governance arrangements, a further referendum may not be held for ten years (five years in Wales). Conversely, where a mayor has been created by resolution of the council, five years must elapse before the council may resolve to abolish the mayor. However, there is no time limit on holding a referendum (whether initiated by the council or by a petition) to reverse a decision made by a resolution”.

I come to the crucial point:

“Further, where a local authority has been required by the Government to hold a referendum and voted for an elected mayor, it may not hold a further referendum at any time. Bristol City Council is the only authority affected by this: as the law stands it cannot move away from its elected mayoralty”.

As the noble Baroness has said, it is held in that position in perpetuity. That just does not seem right, and perhaps the Minister will take the opportunity to explain why the Government think it is. However, if they do see it as an anomaly and an injustice, what do they propose to do about it?

[Lord Wallace of Saltaire]

My Lords, in preparing for the amendment I realised that I do not fully understand the evolution of the office of mayor in British local government. I am well aware that Titus Salt, who built Saltaire, was the mayor of Bradford for several years and as the leader of the council was very much an executive mayor. One did not have to be elected to be an executive mayor. We have since separated the ceremonial function of mayor and the power-wielding function of leader. It is only the elected mayor who gains executive control and leadership, and that is something which I trust others with greater local authority experience than I have will explain to me why and how this evolved.

The precedent for introducing mayoral governance following a referendum instigated by Parliament was first set when the London mayor was established. In this case Parliament instigated a referendum through enacting primary legislation. The electors then voted for London having a mayor, and by a further Act of Parliament the arrangements were introduced. There is no provision in those arrangements for the people of London to vote that they no longer want a mayor. Indeed, I am confident that no one would want to see the end of the London mayor, given the status of this great city, although occasionally there is a little confusion abroad when the Lord Mayor arrives just after the London mayor has been there—even if some might wish to see a different mayor to the current holder of that office. But the essential point for this afternoon is that there is no provision for there to be any change in the formation of the office of London mayor unless Parliament were to agree.

The same broad precedent was followed in the legislative arrangements that led to the establishment of mayoral governance in the city of Bristol. In that case Parliament, through approving by a resolution of both Houses an appropriate order under the Local Government Act 2000, an Act passed by a Labour Government, instigated a referendum. The people of Bristol then voted for a mayor, and that form of mayoral government was then established under the Act. As in the case of the London mayor, mayoral governance in Bristol can be changed only by a further Act of Parliament. The amendment before us today would change this. It would mean that the electors of Bristol could, if they chose, have a referendum by petitioning for one. If they voted to end the mayoral model, it would end. This is indeed the position in cases where a mayor has been introduced wholly by local choice. If it is wholly local choice to establish the mayor, it follows that wholly local choice should be able to end the mayoral governance.

However, the Government believe that it would be wrong to create circumstances where a mayor is established through a specific decision of Parliament and local choice together, but could be ended simply by local choice. I am not suggesting that Bristol should for ever have a form of mayoral governance if there is popular local disillusion, but the decision to change the governance of Bristol, having been instigated in part through a decision of Parliament, should also involve some parliamentary consideration of the specific Bristol issue and not simply be a matter of wholly local choice. It should be for the next Parliament to consider whether it wants to take parliamentary action in matters like this. Meanwhile, I urge the noble Baroness to withdraw her amendment.

[Lord McKenzie of Luton]

Does the Minister not accept that the parliamentary component of this could be the acceptance of the amendment? There could then be a referendum and the people of Bristol would have their input at that stage.

[Lord Wallace of Saltaire]

I accept that if there were very strong feeling in both Houses, that would be possible, but it is the Government’s view that this would be better achieved through an Act of Parliament that could consider how recent developments in local authority governance have worked, and that would perhaps reverse the thrust of the promotion of local elected mayors for the major authorities across England and Wales.

--- Later in debate ---

Moved by

[Lord Wallace of Saltaire]

31: Schedule 19, page 202, line 30, at end insert—
“(1A) The provision that may be made under subsection (1)(a) includes provision for any requirement of a kind imposed by section 3, 3A, 3B or 3C to apply in additional circumstances.
(1B) Nothing in subsection (1)(b) to (f), or in subsection (1A), is to be read as limiting the provision that may be made under subsection (1)(a).”

[Lord Wallace of Saltaire]

My Lords, the amendments in this group are minor and technical. Schedule 19 makes significant amendment to the Poisons Act 1972. In particular, it creates a number of regulation-making powers. This will enable the Government to make regulations in relation to both poisons and explosives precursors that will supplement the licensing regime established by the various amendments to the Act as well as further provision in relation to poisons, given that the Poisons Rules 1982 will fall once the amendments take effect. I am sure all noble Lords understand that the sort of poisons and precursors available have been changing because of various chemical and other developments. We are all aware of the particular problem that we have with precursors nowadays with the ability to make various sorts of improvised explosive devices.

New Section 7(1)(a) is generally worded, enabling regulations to be made about,

“the importation, supply, acquisition, possession or use of substances by or to any person or class of person”.

New Sections 7(1)(b) to 7(1)(f) list other specific matters about which regulations can be made, for example the storage of substances and the periods for which records are to be kept. The amendment makes it clear that the list of specific matters are not to be taken as limiting the provision that can be made under the more generally worded new Section 7(1)(a). Amendment 32 provides that any power to make regulations under the Act includes the power to make consequential amendments. This is a standard provision.

Amendment 33 relates to Clause 78 and is needed to enable an NHS trust to be dissolved—a different subject—when an acquisition has taken place under new Section 56AA. Paragraph 31 of Schedule 4 to the 2006 Act provides that an NHS trust may be dissolved or wound up only if the Secretary of State or Monitor makes an order to dissolve it within the context of a merger or a separation. As it stands, paragraph 31 of Schedule 4 does not take into account the new Section 56AA inserted by Clause 78, which clarifies the position of trusts and assets and liabilities at the point of acquisition upon the grant of an acquisition by Monitor. This technical amendment to paragraph 31 of Schedule 4, inserting a reference to the new Section 56AA, will enable the provision to reflect the fact that an NHS trust can be dissolved within the context of an acquisition in accordance with new Section 56AA. As stated earlier, this is a minor technical amendment that ensures that paragraph 31 of Schedule 4 is consistent with the changes proposed in Clause 78. I beg to move.

[Lord Stevenson of Balmacara]

My Lords, I thank the Minister for that very lucid explanation of these two slightly different changes in the current versions of the Bill. As he says, they are minor, technical amendments and they largely tidy up and make right something that was missed as a result of changes.

My point is about the poisons and explosives section. I went back to the discussions that we had in Committee, in particular the question of consultation. My noble friend Lady Smith represented us on that occasion and asked the Minister whether it would be possible to have sight of the full list of consultees who had been involved in this process because she was interested in that, and wondered whether, subject to normal confidentiality procedures, he could publish the full consultation responses from the two consultations on poisons and explosives. I think the Minister said that he would do that, but we have not received it yet. I wonder if he could remedy that.

[Lord Wallace of Saltaire]

My Lords, I apologise profusely for the failure and I assure the noble Lord that we will remedy it as soon as possible, possibly even imminently.

Amendment 31 agreed.

Moved by

[Lord Wallace of Saltaire]

32: Schedule 19, page 207, line 7, after “make” insert “consequential,”

--- Later in debate ---

[Baroness Jones of Whitchurch (Lab)]

My Lords, I support the arguments made this afternoon by the noble Baroness, Lady Meacher, and my noble friend Lady Donaghy. At the heart of the concerns raised by everyone is that the Government have not presented an adequate case for why the changes to social work regulation are necessary. The Minister does not need me to tell him of the perilous state of social work provision in the country at present. Demand for intervention is increasing massively, particularly in the wake of the new focus on child abuse cases. Meanwhile, children are being put at risk because about 11% of social work posts are unfilled. A recent NSPCC report warned that social workers are,

“frequently operating without the support, time, knowledge and training they needed to ensure the identification of sexual abuse and the protection and well-being of extremely vulnerable children”.

Those concerns apply not just to social workers employed in children’s departments but across the spectrum, including the charitable and private sectors. Only yesterday, the Home Secretary said:

“With every passing day and every new revelation, it is clear that the sexual abuse of children has taken place, and is still taking place, on a scale that we still cannot fully comprehend”.—[Official Report, Commons, 4/2/15; col. 658.]

So why are we making these changes at this very sensitive time?

My co-signers to the amendment have rightly identified that there is a chorus of opposition to the proposals from those involved in the sector. The changes are opposed by the Local Government Association, the College of Social Work and Unison, which represents those working in the sector. All have identified the risks of reducing regulation in the sector. Their concerns have been echoed by the Children’s Commissioner, who is the independent voice protecting the welfare of children in England, who stated:

“We consider all delegated social care services should be required to have formal registration with Ofsted in addition to an expectation that they will be held to account by rigorous and expert inspection, just as local authorities currently are”.

We should be taking heed of these voices.

If the reason for the proposals is to save money, it would be helpful to know just how much the Government believe will be saved. As has been said, it may well be that Ofsted feels that it is overworked and does not have the resources to carry out the regulation function adequately—but then we need to address that issue head on, rather than simply allow it to walk away from the role. If the intention is to transfer responsibility for regulation of those providers to local authorities, it would be helpful to know whether they will be given the additional funds to carry out their work—I rather suspect that that is not the case.

However, fundamentally, this is not about money, it is about risk. The Government have provided no evidence that they have weighed the risk of removing regulation from third-sector social work organisations. I remember raising concerns with the previous Government about the reduced regulation of private care homes. It has taken many years and a lot of suffering—even deaths—before we realised that we, the state, had an overwhelming responsibility to protect the most vulnerable, whoever is providing the service. Let us not make that same mistake again

Ofsted already inspects local authorities and in-house children’s services. It already regulates the private and charitable sectors providing social work services. This includes checking that they pass the fit and proper person test. Of course, we could be talking about very large companies, so local authorities may have very difficult relationships with them. Why would we want to lose those skills at this critical time for the sector? The role being assigned to local authorities is very different from that of a regulator. They are not the regulator. Their function in contracting out social work services is focused on procurement and contract compliance. We would end up with a fractured line of accountability for the services provided by contracted-out social workers.

Our amendment would provide a crucial pause in the Government’s proposals. It would provide time for the Government to have further talks with those who continue to have major concerns about the changes. Most crucially, it would allow the Government to carry out and publish a proper risk assessment, so that we can all be sure that child protection functions will be protected under their proposals. The consequence of getting this wrong is just too traumatic. We need to take the time to get this right, and we have the responsibility to do so. I hope that noble Lords will support our amendment.

[Lord Wallace of Saltaire (LD)]

My Lords, I suppose that I should declare an interest: my son has lived and worked in the United States for seven years and his American wife is a qualified children’s social worker. She has worked in Boston and is currently working in Chicago, so I have learnt a certain amount about the Massachusetts and Illinois systems of privatised provision of child protection. I am not completely unaware of some of the delicacies in this area. I am of course also acutely aware of the sensitivity of the issue of child protection in British political debate at present.

I thank the noble Baronesses for raising this issue and for coming in to discuss further with my noble friend and officials some of the underlying issues at stake. I am well aware that the College of Social Work has strong views on this, although as I understand it the area of social work is not entirely of one mind in how far one needs registration as well as inspection. The questions of registration and inspection are related but not identical. The system of delegation is purely permissive. Local authorities may continue to provide their own services or, as the noble Baroness suggested, delegate to third sector providers or commercial providers in the field. Some do so; many others continue to provide their own direct services. The removal of registration does not mean the removal of inspection.

[Baroness Meacher]

I thank the Minister for giving way. I understand that a number of local authorities are being instructed to delegate out these services. Is that correct or not? It is what I have been told.

[Lord Wallace of Saltaire]

I am informed that it is not correct. I certainly have no knowledge of it, but my noble friend Lord Nash assures me that it is not the case, so we are not in that area.

We have an active system of inspection. It is local authorities which are accountable for ensuring that when contracts are signed in this form, the provider is a credible and qualified provider. Having said that, Ofsted is the inspector of such arrangements and it keeps a very active role in watching what happens, receiving reports and then coming in to inspect when reports are provided of inadequate care or the accidents which sadly, as we all know, eventually and occasionally happen. Ofsted shares the Government’s view that registration adds little value and that, in many ways, it risks confusion in the system as to where accountability lies.

It is the Government’s view that accountability lies with local authorities and that Ofsted, for the Government, provides the continuing process of inspection. There are of course issues about the level of risk and the level of burdens in the system.

[Lord Reid of Cardowan (Lab)]

I have a very small point on accountability, which I proffer to the Minister more in an advisory capacity than a critical one. There are occasions during a ministerial career where, on study, what seems a relatively small decision becomes an obviously profound and very risky decision. That is not to say that it should not be proceeded with—but, having listened to this debate, I have the impression that this is one of them. In the spirit of fraternity, I say to the Minister that if and when, as a result of these changes, there is a disaster with children along the lines of some that we have seen, particularly in the present context, it will not be sufficient to say that the accountability lies with local government. The accountability will come straight back to the Minister and the Government, who have freed this up without adequate protection. We are, quite properly, discussing risk management as regards children, but the Minister should consider the risk management for the reputation of the Government on this issue as well.

[Lord Wallace of Saltaire]

My Lords, I recognise that the noble Lord speaks with a good deal of experience, and probably some hard knocks, in this field and others. It is, however, the Government’s settled view that, when determining when to inspect local authorities, it is Ofsted that inspects and the local authority that writes the contracts. Ofsted takes careful account of a range of triggers when considering when to inspect. Among a range of factors, the triggers include information about serious incidents involving children—which Ofsted already gathers directly from all local authorities—complaints and whistleblowing information, and intelligence from other sources. In addition, Ofsted has arrangements to inspect local authorities more quickly where functions have been delegated.

I recognise that this is an issue that we will continue to discuss, but the Government’s position is that Ofsted shares their view that accountability and contracting lie with local authorities, while continuing active inspection lies with Ofsted on behalf of the national Government. I hope that that satisfies the noble Baronesses.

[Baroness Howarth of Breckland]

The Minister and indeed the Government are clearly set on this path, but one of the requests in the amendment is that there should be a review and that this should be looked at carefully. Will the Government ensure that they can review any of these arrangements that are put in place and learn from them?

[Lord Wallace of Saltaire]

My Lords, the Government will naturally review the relatively recent arrangements that have been put in place. That of course will be for our successors, whoever they may be in a matter of months’ time, but I assure the noble Baroness that all Governments and Secretaries of State are well aware of the risk factor involved in all this; it is an area that any Government have to pay active attention to.

[Baroness Meacher]

My Lords, I thank the Minister for his reply. I thank my colleagues, my noble friends Lady Donaghy, Lady Howarth and Lady Jones, for their persuasive and powerful contributions—and indeed the noble Lord, Lord Reid.

The fact is, as we have made clear, that there are major risks in pushing ahead with these delegated services without a proper risk assessment. I am grateful that the Minister assures us that there will be a review of these delegated services; it would be good to have in writing some information about when such a review will occur and the nature and detail of it, because that is fundamentally important. The reality is that we do not feel assured that local authorities will be able adequately to quality-assure all the organisations out there undertaking these sorts of child protection and other related functions; it is just unsafe. Therefore, a review—frankly, I would call it a risk assessment—is fundamental and, hopefully, any Government in power after May will be able to respond appropriately to that. Even at this very late hour, I have to say that I want to test the opinion of the House on this matter because of its gravity.

--- Later in debate ---

Moved by

[Lord Wallace of Saltaire]

33: Clause 78, page 66, line 37, at end insert—
“(8) In paragraph 31 of Schedule 4 (NHS trusts established under section 25), as it has effect until its repeal by section 179(2) of the Health and Social Care Act 2012, at the beginning insert “Subject to section 56AA,”.”

--- Later in debate ---

[Lord Stoneham of Droxford (LD)]

My Lords, I am pleased to move this amendment on behalf of my noble friend Lady Scott of Needham Market. She deserves all the credit for having raised this issue in Committee, and for having spotted the opportunity for it to be included in the Deregulation Bill. She is very grateful for the discussions that she has had with our noble colleague Lord Wallace to move it forward, and we are pleased to have the Government’s support for her amendment. Unfortunately, she is overseas on parliamentary business this week and is very disappointed not to be here, not least to lead her initiative to success.

As my noble friend said in Committee, civil registration records, which include records of birth, death and marriage, date back to 1837. Regardless of their age, the only way in England and Wales to access this information is to buy a certified copy, a certificate, at a cost of between £9 and £10, depending on whether the certificate is purchased from the General Register Office, which holds the national data set, or from the local register office for the district where the event occurred.

The principal purpose of this amendment is to allow records to be available other than in the form of a certificate. Many family historians and genealogists do not actually need a certificate but merely the information contained within it. The thinking is that by allowing information, particularly from the older record sets, which is of most interest to such groups, to be made available in alternative formats, it would be cheaper and quicker to obtain, as it is already is in Scotland and Northern Ireland, where they operate a system where records are considered historic at 100 years, 75 years and 50 years for births, marriages and deaths respectively, which allows them to treat access to the older records in different ways. In a similar vein, this clause enables information on birth, death, marriage and civil partnership records in England and Wales to be provided in different ways, based on factors such as the age of the record.

The clause has been deliberately crafted as a paving amendment to allow the Government full opportunity to consult on the best way in which to bring in changes to how records are accessed. It will provide the Secretary of State with the power to lay regulations to define how a person may access these records, the type of product that can be issued, how the record is to be provided and the amount of fee payable. This would, for example, allow older records to be viewed online, similar to the systems in Scotland and Northern Ireland, or for the introduction of plain paper extracts to be offered to customers who do not require a watermarked certificate.

The clause would therefore provide a gateway to introducing new products and services relating to birth, death, marriage and civil partnership records. It would accept that any change to the current product and services could not happen immediately; there would need to be a full analysis of the options for implementation, decisions around funding and consultation with key stakeholders. Any change is likely to mean IT system changes. However, the clause lifts those legislative restrictions that have tied the Government’s hands in this area for many years and this is a major step forward to greater and more flexible access.

Finally, these powers will apply to copies of entries in the records held by the Registrar General, which means that it would be for the General Register Office to provide any additional products enabled by the powers in this clause. The new clause does not extend to cover local registration services. However, the current ability for an individual to purchase a certificate from either the General Register Office or a local register office will remain. This change would provide wider access to historic records and would be of great interest and benefit to the growing number of people who pursue an interest in genealogy, and in particular to those looking into the history of their families. As my noble friend Lady Scott told us in Committee, one website alone—Ancestry—has 2.7 million subscribers.

Genealogists from across the world want to trace their ancestors back to these islands. The Irish and Scottish Governments have been much quicker than the English and Welsh Governments to appreciate the great tourist value in people looking for their roots. In Ireland, you can get essential information for €4; for Scotland you can order online from the Scotland’s People Centre. The General Register Office issues thousands of historic copies at £9.75 a copy, but does not make a profit. Putting this information online would fit in well with the Government’s deregulation agenda. The issue has been approached on several occasions in the past 30 years. Public consultation showed overwhelming public support in 1999. The General Register Office proposed a whole package of changes in 2005, but it was too wide-ranging for a regulatory order. This paving amendment will enable action to be taken to widen access to help people access information about their family histories going back 200 years. It is time the English and Welsh caught up with the Scots and the Irish. I beg to move.

[Lord Wallace of Saltaire]

My Lords, the Government are delighted by the discovery by the noble Baroness, Lady Scott, of an example of potential deregulation that they had not themselves unearthed. We are therefore very glad to welcome, and accept, this amendment, on which the Government have worked with the noble Baroness, Lady Scott, to refine. We are sorry that the noble Baroness is currently working very hard in the Caribbean. I hope it is not too cold there.

This amendment will achieve a long-standing government policy objective of providing greater flexibility over how, and in what form, records of birth, death, marriage and civil partnership may be accessed. It will provide powers for the Secretary of State to make regulations that will introduce a legal demarcation between those older records of genealogical interest and modern records relating to living individuals. We all recognise that the interest of the noble Baroness, Lady Scott, in this issue comes from her own active interest in researching family history. That interest is shared by a very large, and increasing, number of people across the country. As the noble Lord, Lord Stoneham, said, the amendment will bring the system in England and Wales in line with those already in place in Scotland and Northern Ireland. It will also bring access to civil registration records up to date by providing much easier access through 21st century technology, and will meet the information access expectations of today’s society.

Importantly, by introducing order-making powers, the new clause is flexible and enabling, and will allow the Home Office time fully to consider and consult upon the implications of any change prior to the laying of regulations. We therefore welcome this workable and balanced piece of legislation, which supports government objectives such as Digital by Design, transparency of data and improved public services. We are therefore very happy to accept the amendment.

Amendment 33A agreed.

--- Later in debate ---

[Baroness Hayter of Kentish Town (Lab)]

My Lords, Amendments 34 to 40 are tabled to help the Government, the Legal Services Board and the CLC out of a tiny hole, which is why I anticipate that they will shortly be accepted in principle.

Under the Legal Services Act 2007, the Council for Licensed Conveyancers is an approved regulator for reserved activities, probate and administration of oaths. It was designated a licensing authority for alternative business structures in 2011. However, it has recently been realised that the Administration of Justice Act 1985, which created the CLC and set out its powers, restricts the CLC from achieving its full regulatory ambitions and those of the 2007 Act. In particular, the CLC can regulate only licensed conveyancers. Therefore, potential probate lawyers would first have to qualify as conveyancers for the CLC to be able to regulate them. We know that that was never the intention, so the Ministry of Justice prepared the necessary draft secondary legislation to amend the CLC framework under the Legal Services Act. However, the MoJ then realised that the Legal Services Act did not provide the power to amend the 1985 Act. The change therefore needed primary legislation, hence these amendments.

The first piece of tidying-up would enable the CLC to regulate conveyancing bodies for all reserved legal activities for which it is designated, including enabling it to continue to regulate probate services, which it currently does under the transitional period in the Legal Services Act. The second would allow the CLC to regulate individuals and entities for the provision of legal services without them first having to be regulated for conveyancing. At the moment, the only reserved legal activity other than conveyancing is probate. It would seem a nonsense for someone who wants to do probate first to have to qualify as a licensed conveyancer if they had no intention of ever doing that work.

There are two further changes to simplify the appeals process against determinations by the CLC’s discipline and appeals committee. The first would allow appeals to the First-tier Tribunal instead of the High Court; the second would allow the CLC to appeal against its discipline and appeals committee’s determinations. In these amendments there is also a measure to allow the CLC automatically to suspend—not to revoke—the licences of practitioners, to protect clients and the public while the outcome of investigations and disciplinary action is awaited.

Finally, on the governing council of the CLC, there is presently a requirement that the number of lay members must exceed professional members by exactly one. To avoid any problems that may arise—for example, by the loss of one of the professional members for any reason—it would seem sensible for the lay majority to be expressed as “at least one”, so that the council’s work could continue with a larger lay majority should one of the professional members be unavailable.

The CLC undertook public consultation on all these changes last year. No objections to this were raised by anyone. I know that the changes have the support of the Legal Services Board and the Ministry of Justice. However, they cannot be achieved via Section 69 of the 2007 Act, hence these amendments, which I beg to move.

[Lord Wallace of Saltaire]

My Lords, I congratulate the noble Baroness. On this Bill, she wins first prize for length, technical detail and complexity of amendments, with a gold star for achieving this on two groups of amendments on entirely differently topics. I wondered, as I read through both of them and did my best to understand their complexity and technicality, whether the two groups were pushing in different directions: resisting a loosening of regulations on insolvency practitioners, but promoting a loosening of regulations on conveyancers.

The Government welcome the principles behind the amendment and are in full agreement with the noble Baroness that these restrictions should be removed. The Government also agree that the other measures are sensible and proportionate. However, we have some reservations about the exact terms of the amendment and would very much like to take it away and tweak it in various ways, returning with a government amendment at Third Reading. I therefore commit to coming forward with our own amendments at Third Reading to achieve the aims of the noble Baroness’s amendments. I hope that, with that assurance, she will feel able to withdraw her amendment at this stage.

--- Later in debate ---

Moved by

[Lord Wallace of Saltaire]

42: Schedule 21, page 220, line 8, at end insert—
“Subordinate legislation relating to railways22A The following Orders are revoked—
(a) the Railways Act 1993 (Extinguishment of Relevant Loans) (Railtrack plc) Order 1996 (S.I. 1996/664);(b) the Railtrack Group PLC (Target Investment Limit) Order 1996 (S.I. 1996/2551);(c) the Strategic Rail Authority (Capital Allowances) Order 2001 (S.I. 2001/262).”

Electoral Registration

Lord Wallace of Saltaire Excerpts

Wednesday 4th February 2015 Lords Chamber

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government what plans they have to support National Voter Registration Day.

[Lord Wallace of Saltaire (LD)]

My Lords, the Government welcome all initiatives to promote engagement and voter registration, particularly Bite the Ballot’s National Voter Registration Day, as well as the work of others such as the British Youth Council’s Make Your Mark and vInspired’s Swing the Vote. Among other government activities ahead of National Voter Registration Day, we announced today that organisations that work with people who are underrepresented on the electoral register, including students and other young people, and people from black and ethnic minorities, will share some £2.5 million of additional funding.

[Lord Roberts of Llandudno (LD)]

My Lords, I cannot say how much I appreciate the Minister’s Answer and the moves we are making in this direction. We appreciate everything that is happening. I hope that this House will be enthusiastic about enrolling young people and giving support to all these voluntary organisations and to the youngsters who work day and night to try to get as many young people as possible registered. I hope that we will give them support, and with great enthusiasm. We thank those organisations—I am proud to be president of one of them—for all that they have done. They have earned their spurs at this moment.

[Lord Wallace of Saltaire]

My Lords, it is up to all of us involved in politics and all parties to promote maximum registration between now and May. The Deputy Prime Minister went on “The Last Leg” late last Friday night—I think not a programme that most Members of this House watch, but very popular with young people. I will be talking at an event tonight with a group of young Explorer Scouts from Tower Hamlets to show our support for Scout and Scout leader work in encouraging people to vote with the Cabinet Office’s programme, Rock Enrol!

[Lord Campbell-Savours (Lab)]

My Lords, we are now told that there are 7.5 million potential voters missing from the national register. That is up on 2010 yet we have a general election within a few months. Why has that happened?

[Lord Wallace of Saltaire]

My understanding is that the adjustment between 6 million and 7.5 million from 2010 to 2012 was in line with the census. I am told by the statisticians that it represents an actual stabilisation. As I have said at this Dispatch Box many times before, the major reason why people who are not registered say that they have not registered is because they are not interested in politics and not interested in voting. I repeat that it is up to all of us to do our utmost in the next 90 days to enthuse particularly young people and those most disengaged from politics to re-engage, to register and then to vote.

[Lord Forsyth of Drumlean (Con)]

My Lords, does my noble friend not think that the Government are creating a very dangerous precedent by insisting, in the new powers for the Scottish Parliament, that changes in the franchise—or indeed boundaries—require a two-thirds majority?

[Lord Wallace of Saltaire]

My Lords, I am not entirely sure that the Government are creating a dangerous precedent. I suspect that the noble Lord and I may disagree on the age at which people might start to vote.

[Lord Kennedy of Southwark (Lab)]

My Lords, first, I declare an interest as the chair of the All-Party Group on Voter Registration. According to Electoral Commission research, 30% of our young people aged 18 to 24 are not on the register of electors. If this was the situation in any other country in the world 93 days before a general election, the British Government would be urging the country to pull its finger out and get people on to the register. The problem is that this is in their own backyard and entirely of their own making. What are the Government going to do to get people on the register before applications close on 20 April?

[Lord Wallace of Saltaire]

My Lords, the Government have engaged in a range of activities on social media and are using National Voter Registration Day as a means of raising national attention. Two of my ministerial colleagues are speaking in parallel at a barracks tomorrow to deal with the problem of underregistration among defence personnel. The Government will also, through the FCO, be attempting to raise the amazingly low level of overseas registration. We are working on this, but I repeat that the Government cannot do all of it on their own. I put something out on Liberal Democrat Voice, my own party’s site, two weeks ago encouraging all our activists to engage with local schools and other bodies. I am sure that the Labour Party is doing the same, in so far as it can.

[Lord Lexden (Con)]

In view of the success of the work done in schools in Northern Ireland by its chief electoral officer, will the Government encourage his counterparts throughout the country to publicise the details of the work that they are doing in schools and the results that flow from that?

[Lord Wallace of Saltaire]

My Lords, I have been in active conversation with electoral registration officers over the last year and more. The Government have just provided another £6.8 million for electoral registration officers, targeted on particular areas which have low registration, by and large in the cities. I also stress that the provision of online registration, which has been going now for a year and through which 3.33 million people have already registered, is very much one of the ways we get at young people. Knowing young people, including my own children, I think this is something that young people are likely to register on at the last minute.

[Lord Storey (LD)]

My noble friend may be aware of an electoral registration app that can be downloaded on to smartphones, which was launched in Dundee. Have the Government any plans to use smartphone technology to increase voter registration?

[Lord Wallace of Saltaire]

My Lords, you can register online on smartphones. The Government are also using social and other media to add links to the registration website and to remind people as they use social media that now is the time to register to vote.

[Lord Cormack (Con)]

My Lords, I am sure that we all wish my noble friend success in his mission to Tower Hamlets this evening. Could I ask him to reconsider the Government’s attitude on compulsory registration? It would really be very sensible, and I am glad to see noble Lords opposite nodding. I hope the Government will consider it.

[Lord Wallace of Saltaire]

My Lords, the Government are not convinced about compulsory voting, which raises some large questions about the relationship between the citizen and the state—

[Noble Lords]

Registration!

[Lord Wallace of Saltaire]

Excuse me, registration. It raises some large questions about the relationship between the citizen and the state, which perhaps the next Parliament will discuss.

Deregulation Bill

Lord Wallace of Saltaire Excerpts

Tuesday 3rd February 2015 Lords Chamber

[Lord Stevenson of Balmacara (Lab)]

My Lords, I have a great deal of sympathy for what the noble Lord has just said. Indeed, we discussed this at some length in Committee. I have only one point and when the Minister responds I would be grateful if he could expand on the comments that he made in Committee. He said:

“I am happy to assure the noble Lord that the Government have agreed that their advice to schools will make clear that: schools should be considerate of the needs of parents and impacts on others by working with each other and the local authority to co-ordinate term dates as far as possible; and that all schools must act reasonably when setting term dates, including considering the impact of changes to term dates on small businesses that rely on tourism from families with school-age children”.—[Official Report, 6/11/2014; col. GC771.]

That is a very targeted comment and seems in many ways to answer everything that the noble Lord was saying, but I wonder what force this advice will have? Will it be in the form of a circular of some type? Can he expand on that? Will there be any sanctions for those who do not behave to the letter of the law, as so well expressed by the noble Lord the last time round? Particularly, would Ofsted be inspecting such offers made by schools?

[Lord Wallace of Saltaire (LD)]

I thank the noble Lord for those splendid comments. It is wonderfully nostalgic to read some of the material around this amendment. The British Association of Leisure Parks, Piers and Attractions has sent me something that particularly mentioned Skegness, Hunstanton and Cromer. Those of us who, like, me can remember swimming off Skegness as a boy, will also remember trying to pretend that it was not as bitterly cold as it was. My children later gave me the LNER poster that used to hang in my room when I was an academic, saying “Skegness is so bracing”. That took me back to what as children we used to have as holidays, before the foreign holiday idea began to creep up on British families and affluence took us further away.

The Government believe as far as possible in devolution and autonomy, and we are providing advice to schools. This is not something that Ofsted is imposing on them, let alone is it an English Parliament deciding that English schools must each have the same holiday.

[Lord Stevenson of Balmacara]

I cannot resist. Is the Minister saying that it is now Government policy to have an English Parliament?

[Lord Wallace of Saltaire]

No, I was perhaps making an after-dinner remark that was a little outside my brief.

Those of us who live in the north of England are well aware that different local authorities have had different holiday periods for a long time. Blackpool would not have had the prosperity that it had if wakes weeks had not been staggered across Lancashire and Yorkshire in the 19th century. There was a degree of adaptability among different local authorities that worked extremely well. It is no longer necessary.

In arguing that the proposed amendment to Part 3 of Schedule 15 is unnecessary, I should therefore say that schools and local authorities have had a considerable degree of autonomy to change their holiday times in recent years. Very few have wished to do so, because there are powerful arguments for the existing system. School leaders are best placed to decide the structure of the school year in the interests of their pupils’ education and local circumstances. Schedule 16 therefore gives all schools responsibility to set their own term dates from this September.

Thousands of schools, educating more than half of all registered pupils, are already responsible for their term dates. Three-quarters of secondary schools and more than a third of primary schools are already responsible for their school year. There is a school in every local authority in England with this freedom, but without the proposed specific requirement, suggested by the noble Lord, to consult tourism businesses in place. This has not resulted in significant problems for the tourist industry. In practice, the majority of schools continue to follow their existing term dates, with a small number making changes where there is a compelling reason to do so. Where they make changes, schools take into account the needs of the local community. As noble Lords will be well aware, the needs of the local community in cities such as Bradford or Manchester often include the different patterns of different religious and ethnic communities.

Turning to the concern at the heart of the amendment, all schools must already act reasonably, fairly and transparently when determining term dates. This will include considering the impact on those likely to be affected by their decisions, including pupils, parents, staff, the local authority and businesses.

[Lord Clement-Jones]

I am sorry to interrupt my noble friend, but these are very important details. Can he give me chapter and verse as to where these obligations to act reasonably, fairly, et cetera, arise?

[Lord Wallace of Saltaire]

My Lords, it may be somewhere deep in my brief. I am sure it is somewhere deep in the Box. If I go on for a short period, I am sure that the answer will magically appear for me. I am fairly sure it is in briefing and guidance. It is not something that is enforced upon schools because that does not seem necessary. When my children were in primary school in the early years of a Labour Government, I recall the head teacher of the primary school commenting that he received volumes and volumes of instructions each year on how to behave. We rather think we should try to avoid quite such a deliberate effort if we can.

The Government understand the noble Lord’s concern that it may not be immediately obvious to a school that its decision to change term dates could affect local tourism businesses. The Government have discussed this point with BALPA and agreed to assurances in the form of advice to schools. It is a general principle of law, I am assured, that is provided in guidance to schools, but we will write to the noble Lord with the exact chapter, verse and places where this guidance is set out.

I am pleased to reiterate that the Government have agreed that their advice to schools will be clear. Schools should be considerate of the needs of parents and the impacts on others by working with each other and the local authority to co-ordinate term dates as far as possible, and all schools must act reasonably when setting term dates; “reasonably” includes the impact of term dates on small businesses that rely on tourism. I will write to the noble Lord with the exact details of where the guidance is provided and the experience so far. I reiterate that the freedom that schools have had so far to alter term dates has not led to a huge revolution because the pattern of terms and holidays suits most parents, staff, businesses and others much better than any alternatives. With that assurance and my repetition that we are conscious of the way in which the short British summer and the needs of British tourist institutions interact with schools and school holidays, I hope the noble Lord will be able to withdraw his amendment.

[Lord Clement-Jones]

My Lords, as I am sure my noble friend is very well aware, Groundhog Day was celebrated yesterday in the United States. I felt that perhaps we were beginning to celebrate Groundhog Day here in the House today. Until the very last point of my noble friend’s response, I felt that the response he gave me was pretty undercooked, quite honestly, as if the Department for Education had disinterred something from two months ago which was more or less in the same form. It did not have the detail that one might require on Report to an amendment that is much more specific than the one that was put forward in Committee. I really feel that it has not been given the seriousness that it should have been, and that the Department for Education, for which in this context my noble friend is speaking, is not really taking the concerns of the tourism industry seriously.

I fully understand the case that my noble friend is making, that to date we have not seen a great impact on local attractions and so on, but that is not the issue. The issue is the potential impact, and it is only by addressing the concerns of local tourism interest, by consulting with them and so on, that one is really going to be able to understand that.

[Lord Wallace of Saltaire]

My Lords, we have not so far seen any problem, and if the noble Lord’s criticism may be that the DfE is not paying enough attention to this problem, that is partly because it is not a problem.

[Lord Clement-Jones]

My Lords, as I said, my noble friend has made the case that there is no existing problem, but the industry is extremely concerned that it could be a problem in future, because this will mean that the full range of schools—as opposed to a number of schools—will be able to change their term times by the decision of governing bodies. What the industry is quite reasonably asking is that the duty on school governing bodies to consult should be enshrined in law. My noble friend says, “It’ll be all right on the night, because they have a duty to act reasonably and fairly”, under something or other—whether it is guidance, advice or some other sort of way, no doubt, of communicating between the Department for Education and schools, I know not what. I look forward to my noble friend’s specific reply, which will be extremely helpful.

[Lord Wallace of Saltaire]

My Lords, just to add, in a Deregulation Bill, the Government are a little hesitant about imposing a new national regulation unless there is a good rationale for it. We have not yet seen the rationale.

[Lord Clement-Jones]

My Lords, my noble friend was talking about an existing set of guidance advice, not something happening in future. Therefore, it would be extremely useful to know whether this is an umbrella set of guidance, which means that the concerns of BALPA and others should be entirely satisfied by a duty to act fairly and reasonably—then I shall be extremely happy. But no specifics have been given. I look forward to hearing about them.

I am rather disappointed by my noble friend’s reply, I think that something more specific could have been given, but in the mean time I look forward to the letter and beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Hayter of Kentish Town (Lab)]

My Lords, it is perhaps fair to say that four years ago this amendment would have been tabled by the Government, as David Cameron was at that point in favour of minimum unit pricing, not necessarily at 50p but perhaps at 60p or some other figure. Given the Government’s change of heart on that, we have instead the amendments tabled by some of the country’s greatest experts on the damage caused by alcohol: two eminent doctors, a bishop who sees the problems caused to families as well as to the health of heavy drinkers themselves, and my noble friend Lord Brooke of Alverthorpe, who has campaigned for so many years on this issue.

We debate this on the day that Professor Neil Greenberg, the lead on military health at the Royal College of Psychiatrists has said that the Government’s strategy for combating alcohol abuse in the Armed Forces is ineffective. As he says,

“we know that alcohol education doesn’t really work at all, and the evidence from the civilian population is that it’s a terribly ineffective way of stopping people from drinking”.

His words echo those of the Commons Defence Select Committee that the Government’s strategy has not made any noticeable impact on the high levels of excessive drinking in the Armed Forces. Critics argue that the problem is made worse by prices of less than £2 a pint in some military bars. That is, of course, £1 per unit for regular beer, but this amendment seeks a minimum of only half that amount.

Price by itself is, of course, not the answer, as my noble friend Lord Brooke said, and Labour has a wider vision for reducing alcohol-related harm. We want communities to be able to stop their high streets being overrun with new bars and a licensing system which enhances the voice of local communities in licensing decisions. We should look at whether councils should have more power to strengthen conditions on licensed premises and, importantly, we want to make public health a mandatory factor to be taken into account in all licensing. However, this was rejected by the Government when we proposed making public health a licensing condition in 2011.

Although at present local authorities can take account of the prevention of crime or nuisance, public safety and child protection in deciding on licence applications, they cannot consider public health consequences. Labour would make public health a licensing objective and include the director of public health as a key consultee in the creation of a licensing statement. We want public health engrained throughout the licensing system so that measures promoting health, which could include action against high-strength, low-cost products, are included in the licensing statement, and we want to tackle the public health problems associated with drinking by children, some of whom will be at the very functions at which the clause allows alcohol to be sold.

I look forward, as ever, to hearing the Minister trying to wriggle his way out of David Cameron’s decision to drop his commitment to minimum unit pricing. While he is on his feet, perhaps he could also explain why the Chief Medical Officer’s review of safe drinking levels, which was promised in the summer, has yet to appear. Perhaps that is another ducking of the issue. Most of all, I would welcome his assurance that, with hindsight, the Government accept the case for public health being a licensing consideration and his support for that objective.

[Lord Wallace of Saltaire]

My Lords, as I was having my supper, with my glass of water, it occurred to me that when I first joined the House of Lords, we often had the phenomenon of the after-dinner speech in which someone, very often from the Conservative side of the House, would deliver an extremely florid speech with high rhetorical flourishes. This Chamber has improved quite considerably over the past 15 years in its attitude to alcohol.

I am sorry to have to tell the noble Lord, Lord Brooke of Alverthorpe, that my noble friend Lord Gardiner tells me that President Putin has just announced that he is lowering the duty on alcohol in Russia, presumably for the reason that alcohol is what people wish to take refuge in when they are miserable for all sorts of reasons, and there are a lot of reasons why people in Russia are miserable at present.

[Baroness Hayter of Kentish Town]

Or perhaps elections are coming, as they are in this country.

[Lord Wallace of Saltaire]

I was not aware that the Government were thinking about lowering the duty.

The Government recognise that the whole issue of alcohol abuse is a very serious one for this country and that it feeds into public order, public health and a whole range of other issues. I travel into Leeds on Saturday nights, and there are many other cities in Yorkshire where, of a Saturday evening, I often wonder whether the younger generation will die of alcohol abuse or hypothermia first, since they wear almost nothing when they go out on to the streets. I do not know how on earth they manage to get drunk and not break their ankles when their shoes are so impractical. That is the sort of problem we face. I recognise, as the noble Baroness, Lady Finlay, remarked, that we have a growing middle-age—or even over-middle-age—problem, but that binge-drinking among the young is one of the problems we have, and it feeds directly into A&E late on Saturday evening. I spent an afternoon with Leeds city police during which all that was made very firmly clear to me.

On the question of selling liquor below cost price, I think we are all aware that supermarkets are the biggest single part of the problem, as they sell loss leaders and cheap alcohol, be that cheap wine or cider below cost price. My answer on this set of amendments to this Bill is that, while I recognise the argument which we all need to have about how best to pursue further the Government’s alcohol strategy, and how we move towards minimum unit pricing, this is not the place to do it. Here, we propose relaxation in two specific small areas. The first is that of small hotels and bed and breakfast accommodation, where we are talking about a nightcap in the evening, which would probably be included in the overall bill—so at that point the question of the price is hard to get at. Then there are events of the sort which I occasionally go to in village barns or community centres, which usually have licences that allow them to sell alcohol only 12 to 15 times a year, when there is a community event. Therefore we are dealing specifically with ancillary sellers and community groups. That is not where alcohol problems come from.

In the part of Yorkshire in which I spend my weekends, there is a great revival of brewing, but of good-quality beer, which is not the sort of thing people get wildly drunk on. On a very cold Saturday last weekend, I asked whether the pub I had gone into had any “winter warmer”—which has a rather higher level of alcohol one can get at this time of year. However, they said, “No, we don’t brew that any longer”, but then offered me a great variety of extremely tasty local 3.5% beers, of which my wife and I consumed a certain amount. That is light years away from the problems that we have with large-scale alcohol abuse. Of course, the third element of alcohol abuse is abuse by those who are mentally disturbed or depressed, which is the Buckie or cheap cider end of the market.

I stress that the Government have not abandoned their alcohol strategy; minimum unit price was only ever part of that strategy. The noble Lord is right to say that the Government are watching the appeal in Scotland and waiting until that has been settled before we move further on minimum unit pricing within England. The Scots Government are themselves awaiting the outcome of the ECJ appeal. As an interim measure, the Government have introduced a ban on selling alcohol again in supermarkets—the biggest single part of the problem—below the cost of duty and VAT combined. Some were selling it as a loss leader below that level. The University of Sheffield has estimated that, in the first year of the ban on sales below duty plus VAT, there will be 100 fewer alcohol-related hospital admissions per year—and, as it got under way, 500 fewer per year, 14 fewer alcohol-related deaths per year, and so on. That is small beer—if noble Lords will excuse me—and a small achievement compared with what minimum alcohol pricing may offer, but it is a small step in what I hope noble Lords will recognise is the right direction.

Alcohol abuse is a real problem for this country. The question of alcohol pricing—in particular of loss-leader pricing—is one which we are much concerned about. This is not a matter for bed and breakfast and community events. It is a matter for city centre clubs at the weekend. It is a very serious matter for supermarkets. That is the direction in which the Government are looking. Therefore, on this particular issue, I cannot give the noble Lord much comfort, because we are dealing here with social drinking of a moderate level. The case where we need to look at minimum unit pricing and alcohol abuse is in a much broader context and in a different context from the average bed and breakfast in Upper Airedale or Upper Wharfedale, which is what we are talking about here—let alone the village barn in Cotterstock, or wherever it may be. For that reason, I am unable to satisfy the noble Lord on this issue.

Nevertheless, I recognise the deep concerns the noble Lord has about the alcohol issue as a whole. I would love to talk further with him about the development of alcoholic sorbets—which, I have to say, I have never yet seen, let alone tasted—and how those are being promoted. As we know, there are also some very serious concerns about the combination of sugar and alcohol in pop drinks for young people, which combines alcohol abuse and the making people obese at the same time. Let us continue to discuss those issues further. Those are the areas on which an alcohol abuse strategy needs to focus—not, I suggest, bed and breakfasts or community barns.

[Lord Brooke of Alverthorpe]

I am grateful to my noble friend Lady Hayter for her helpful words in the debate, and to the noble Baroness, Lady Finlay, who, as ever, is standing up and fighting the just battle that needs to continue to be fought. The Minister, in some respects, talked about movement and shifts towards a change in policy, which is gratifying. He made reference to what some of the Conservative speeches were like in the old days. It is quite interesting that when the Government have a Prime Minister who wants to do an about-turn, both in the Commons and in the Lords they put up Lib Dem Ministers to defend the position. They should reflect on that, given the association of the Lib Dem party with so many of those councils that I mentioned, which are now pressing for this change. But, as noble Lords would expect, I am not surprised that the Minister has declined to accept what I think is a civilised and reasonable offer for them to make a start. The real problem with this change is making the start. I freely concede that it is a precise area in which it would operate, and it may not be the major problem that we would face with alcohol.

The alcohol problems are not solely about Saturday evenings in city centres. They are increasingly prevalent right across the board, particularly with middle-aged people upwards, who are precisely some of the people who go to these community events—that is, recently retired people in their 50s and 60s. These people are now of increasing concern in terms of health issues, as the noble Baroness, Lady Finlay, will confirm. There is a hidden growth in the incidence of diabetes linked to alcohol consumption because nobody knows the amount of sugar contained in the alcohol these people are drinking. No calorie or sugar content is shown on the labels. So far the drinks industry, which this Government support, has managed to avoid having to display that on its labels, yet we have a major obesity problem arising linked to the sugar content of alcohol.

I thought that I made the Minister an offer that was too good to turn down given that a group of people is willing to make a start on tackling this issue. Indeed, they are the kind of people who the Government normally worry about penalising when they decide to do an about-turn. They are the people running these organisations, particularly the community events—not so much bed and breakfast—who were prepared to embrace this change and see whether they could make it work. They would be happy to support it in principle and would benefit from it. I am sorry that the Government have not recognised the benefit of making a start on this issue. I will reflect on the Minister’s comments in Hansard and, following consultation with others, we will decide how we proceed at the next stage. I beg leave to withdraw the amendment.

Palestine: Recognition

Lord Wallace of Saltaire Excerpts

Thursday 29th January 2015 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, it has been a passionate debate and I am conscious that the time is late, so I shall do my best to sum up the many contributions. We have heard here, as in the earlier Commons debate, some passionate concerns from all sides and the rising concern that the situation is getting worse and not better. I wish I could agree with the noble Lord, Lord Mendelsohn, that we have to be optimists. We struggle very hard to be optimistic in the circumstances we are facing.

Sir Richard Ottaway, in his very powerful speech in the Commons debate, said that,

“to be a friend of Israel is not to be an enemy of Palestine”.—[Official Report, Commons, 13/10/14; col. 69.]

The reverse is also true: to be a friend of Palestine you do not have to be an enemy of Israel.

The problem we face is partly, as some of us who have been in discussion with our friends in the Israeli embassy know, that the current Government are losing friends. They are losing the battle of public opinion in Britain and across Europe. If the use of disproportionate force on Gaza, or perhaps on Lebanon, is the only way in which Israel maintains its security, its long-term security is bleak.

That is not to say that the Government of Palestine, let alone Hamas, are gaining unconditional friends or supporters. We thus face a range of difficult and often unpalatable choices. We have heard a lot about the long, sad and contested history leading to bitter grievances on both sides, but the future is equally worrying. The status quo is not sustainable, either within the Occupied Palestinian Territories—let alone within Gaza—or in the region around Israel and Palestine. The Middle East is increasingly unstable. We see conflict within Syria overlapping into Lebanon and Iraq, a different but linked conflict in the Sinai and the collapse of Libya. That makes the need for change and movement towards a solution all the more necessary.

We have seen, in recent days, the threat of firing between Israel and Hezbollah potentially leading to a higher level of conflict. We hope that that has now been contained. We see the Egyptian Government dealing with terrorism in the Sinai, which affects their whole attitude towards Gaza. We see Palestinian refugees who were in Syria becoming refugees for a second time in Jordan or Lebanon and we see the increasing strain on Jordan and Lebanon—as well, incidentally, as on Turkey, where there are now 1.5 million Syrian refugees from the conflict spilling over the boundaries that we, the British and the French, left behind in drawing the map after the First World War.

We also see partisan exploitation of this issue within the United States, raising the existential threat to Israel that America’s unquestioning support might begin to come into question, as some in the Israeli press have remarked in recent days. Behind all this, we also see population growth across the Middle East as one of the drivers of the conflict. We all know that a surplus of frustrated and underemployed young men drives radicalism. We have to accept that that is part of the problem all across the Middle East. In these circumstances, Britain remains firmly committed to the two-state solution: a sovereign, independent, democratic, contiguous and viable Palestinian state living in peace and security, side by side with Israel.

We see negotiations towards a two-state solution as the best way to end the occupation and to meet the national aspirations of both Israelis and Palestinians. That is why the British Government were such strong supporters of Secretary Kerry’s efforts in the Middle East peace process, in which progress was made but not sufficient progress. We urge the parties to resume serious negotiations and to show the bold political leadership necessary to reach a final deal.

The Palestinian Authority, in contradistinction to what the noble Baroness, Lady Deech, said, has made important progress on state building, which has been recognised by the World Bank and the IMF. As my right honourable friend the Secretary of State for International Development said in September, the British Government also believe that the Palestinian Authority has the capability to run an effective, inclusive, accountable state. That is why it is so important that the PA now returns to Gaza to ensure that good governance is extended throughout the territory that is intended to become the Palestinian state.

The UK is committed to recognising a Palestinian state and we are moving towards the recognition of a Palestinian state. That is part of how we see the process towards the only viable long-term solution, which is a two-state solution. We understand that it is only through negotiations that a Palestinian state can become a reality, including on the ground, but we see the process of recognition by the United Kingdom and other friendly states as part of that process. We do not judge that now is the right moment to give that recognition, but we are waiting for the point at which we consider, with others—our colleagues and allies—that it has become appropriate. I hope that is entirely clear. Of course, bilateral recognition in itself would not end the occupation—only negotiations will lead to a final settlement between the parties—but it may be an important part of the process.

The noble Lord, Lord Williams of Baglan, suggested that the United Nations should do more. The United Nations is, as he well knows, fully engaged. We were discussing a UN Security Council resolution that we thought could command an overwhelming majority of the UNSC members but, for various reasons, the Palestinians decided that they wished to have an earlier resolution, which did not meet the criteria, and that is why we abstained. We are of course concerned to get as much consensus as possible. We recognise that the Palestinian Authority will move towards accession to other UN agencies.

Of course, we should not forget the quartet. The quartet is often made fun of now within the United Kingdom but, importantly, it is the United States together with Russia, which unavoidably is an important player as it has very close links to Israel as well as closer links to Assad’s regime in Syria than many of us would wish it to have. Britain works within the quartet together with our EU partners, in particular France and Germany.

We cannot exclude the Arab League. Little mention has been made in the debate so far of the Arab peace initiative, which is still on the table and which we still need to pick up to bring the moderate Arab states into any agreement that we can achieve.

Alongside all this work among Governments, the bilateral relationship between Britain and Israel remains strong and friendly, and we wish to maintain that. Of course, we wish to maintain a democratic Israel within secure and recognised boundaries. Indeed, this week a new multimillion-pound investment fund has been set up for Israeli scientists at the University of Cambridge, enabling Israelis to pursue post-doctorate research. I look around and I see others here who have been actively engaged, as I have been, in promoting exchanges between British academics, British young people and young Israelis, and that is something that we absolutely want to promote.

We all recognise that there are implications for communities within the United Kingdom. The spillover of the Israel-Palestine conflict into the domestic politics of other countries is one of the real dangers that we all face. The Government are absolutely clear that we wish to maintain the security of the Jewish community in this country. We value immensely the contribution that the Jewish community in this country has provided over many years and we wish to ensure that it remains secure and fully integrated into the United Kingdom community. We have recently provided £2 million to support Jewish state schools to ensure the security and safety of British children.

We also have substantial Muslim communities in this country. Some of them have been here for well over 150 years; others have come a great deal more recently. We also wish to maintain the security and stability and to promote the integration of the Muslim community in this country. I look round the Chamber and I know many of us are also working actively towards that. On Sunday my wife and I will be attending a service in Westminster Abbey—a Christian church—to commemorate the Holocaust, and there will be active Jewish participation in that Christian service.

It is also popular in the tabloid press to make fun of the Prince of Wales for talking about Britain’s other faiths. I am proud, as someone who has a close association with Westminster Abbey, that I have been to a number of services there where several of Britain’s faiths, in particular the three Abrahamic faiths, have played a part in the service. The most reverend Primate the Archbishop of Canterbury referred to Britain’s three Abrahamic faiths in the speech he made the other week. I think it is very important that we dig out that phrase—less used than it was when I was a child—and ensure that we help to understand what is shared between Islam, Judaism and Christianity and not what is incompatible.

I pay tribute to my noble friend Lady Warsi for the work that she did as a Minister in promoting interfaith dialogue, and the work that my noble friends Lord Ahmad and Lady Anelay are still doing on it. My noble friend Lady Anelay told me yesterday about a recent visit that she made to Morocco, talking to the Moroccans about what they are doing to train imams from not only Morocco but other countries in their particular Sufi, moderate version of Islam.

There is a great deal to be done here, and we are concerned to keep separate how we resolve the Israel-Palestine problem from the importance of maintaining an integrated community on a multifaith basis within Britain.

The right reverend Prelate the Bishop of Southwark talked about the future of the ancient Christian community in Palestine and within Jerusalem. We are also much concerned about that. We note, in particular, the problem of the Cremisan Catholic community at present, and the threat posed to that well established community by the extension of the border wall. We have the right to say to all sides that the maintenance of that ancient Christian community in Palestine and Israel must be assisted.

Jerusalem itself is a very important part of that. Jerusalem is a holy city for all three Abrahamic faiths. I say that with particular passion because, when I went on behalf of Nick Clegg to talk to the Board of Deputies during the previous election campaign, when I said that, one of those present shouted: “No, it isn’t. It is the eternal capital of the Jews”. We have to learn to share. We have to share Jerusalem. The provocations which we see going on on both sides in Jerusalem are extremely worrying and could easily get out of control. There is the demolition of Palestinian houses and disturbances on the Temple Mount. We are much concerned about that. We are grateful that the Israeli Government have taken positive steps to calm the situation in recent weeks.

Several noble Lords have asked: “How can Israel negotiate with a Palestinian Government that includes Hamas? Palestinians have to accept Israel’s right to exist. Schoolbooks promote hate”—and so on. There are problems on both sides. There are those within the Israeli Government who deny the right of a state of Palestine to come into being, who want to have a single state. There is hate language in some elements of Israel, as well as in Palestine. There are problems on both sides. We must recognise that and deal with it. We must deal with it very carefully in the middle of a rumbustious Israeli election campaign. As the noble Baroness, Lady Ramsay, said, both sides must negotiate in good faith, and that needs people on both sides—including some of the more right-wing Israeli parties—to change their rhetoric and approach.

We all know that settlements, which some noble Lords did not mention, are a major part of the issue. The question of international law and Israel’s behaviour in the Occupied Palestinian Territories is something against which we constantly stub our toes. We cannot ignore Israel’s abuse of international law in the Occupied Palestinian Territories.

I have figures which suggest that in the nine months when John Kerry was engaged in negotiation, Israel increased by a factor of three the number of new tenders for settlement in the West Bank. We know that they are beginning to enclose Jerusalem. As my good friend William Hague said three years ago, when he was Foreign Secretary, we know that the expansion of settlements will in time make a two-state solution impossible. That is part of the ticking clock against which we have to move.

The previous British Government have introduced voluntary guidelines to enable produce from Israeli settlements in the Occupied Territories to be specifically labelled as such. The EU has agreed that all agreements between the State of Israel and the EU must unequivocally and explicitly indicate that they do not apply to the territories occupied by Israel in 1967. In December 2013, we placed advice online to UK businesses, underlining the key security and political risks which they may face when operating in Israeli settlements. Further discussions are now under way with retailers in Britain and within the context of the EU.

The noble Lord, Lord Leigh, argued that we were assisting Hamas and that funds were going to finance Hamas. I assure him that no British funds are going to any of the organisations associated with Hamas, as we do our utmost to assist a stronger Palestinian state and the process of state building.

What can we do within Britain, where we have all protested against the deteriorating situation? First, as I have suggested, we have to build tolerance and understanding here. That is extremely important in a dangerous situation. Secondly, we have to work with other friendly states to bring influence to bear on all sides in the conflict. Thirdly, we have to continue to provide financial support to assist the construction of a viable Palestinian state; equally, we have to continue to impress on the Government of Israel that their long-term security depends on security within boundaries that provide a viable Palestinian state alongside Israel. At the appropriate time, we have to join with others in recognising a Palestinian state as part of the painful process of working towards the only viable resolution of this long-standing conflict: two states, sharing the historic land of Palestine in peace.

Chilcot Inquiry

Lord Wallace of Saltaire Excerpts

Wednesday 28th January 2015 Lords Chamber

[Lord Truscott]

To ask Her Majesty’s Government what lessons they have taken from the conduct of the Chilcot Inquiry to inform the conduct of future inquiries.

[Lord Wallace of Saltaire (LD)]

My Lords, the Government are committed to learning lessons from the conduct of all public inquiries, including the Chilcot inquiry. Under the Inquiries Act 2005, each statutory inquiry is required to summarise lessons learnt for its successors; others are strongly encouraged to do so.

[Lord Truscott (Non-Afl)]

I thank the Minister for that reply. Does he agree that the Chilcot inquiry has proven itself wholly incapable of completing its work in a timely manner? Does he further agree that in future public inquiries should be judge led and time limited?

[Lord Wallace of Saltaire]

There is no necessary relationship between those inquiries which are judge led and those which are time limited. The noble Lord will recall that the Saville inquiry took 12 years. The question of timeliness is very difficult. I think that part of the problem for the Chilcot inquiry has been that the number of documents to be examined, then considered, then declassified and then in some cases to be negotiated on over access with an allied Government was much larger than was originally anticipated. It would probably have helped if a larger staff had assisted at that stage in the inquiry.

[Lord Butler of Brockwell (CB)]

My Lords, the terms of reference of the Chilcot inquiry covered everything that happened both politically and militarily between 2001 and 2009. Is not one of the lessons to be learnt that more consideration should be given to the breadth of terms of reference of future inquiries?

[Lord Wallace of Saltaire]

My Lords, I entirely agree with that. It is a huge inquiry, which is one reason why it has taken so long. Perhaps the noble Lord has seen Sir John Chilcot’s letter of 20 January in which he said that they had served longer on the inquiry than any of them had anticipated. It has been longer than they expected. One of the issues for the inquiry on historical child abuse currently being set up is that the number of cases over a very large number of years that it is being asked to cover is almost daunting for an inquiry of that sort.

[Lord Hurd of Westwell (Con)]

Can my noble friend give the House an assurance that when the report is finally published it will contain an adequate section explaining precisely what have been the difficulties and obstacles in the way of producing the report earlier?

[Lord Wallace of Saltaire]

My Lords, it is an independent inquiry, but I will ensure that that gets back to the inquiry itself.

[Lord Morris of Aberavon (Lab)]

My Lords, we are told that one of the reasons for the delay in publication is the issue of the Maxwellisation letters. Last week, the Government in their reply washed their hands of all responsibility and said that this was a matter for Chilcot. If it is correct that, after all these years, some of those letters have been sent out only in the past month or so, it would be utterly disgraceful. Is the committee still sitting, on how many days a week, and are the costs rising by the day?

[Lord Wallace of Saltaire]

My Lords, the Maxwellisation process is unavoidably a lengthy one. Noble Lords who served on the post-legislative scrutiny committee on the Inquiries Act last year—a particular special committee—raised the question of the length of time it took to carry through this process. There are issues of fairness and equity in making sure that those who may well be sharply criticised by a report should have the right to see those criticisms and comment on them before publication. That is the process that is now under way and, unfortunately, it does take some time.

[Lord Trimble (Con)]

My Lords—

[Lord Ashdown of Norton-sub-Hamdon (LD)]

My Lords, I am grateful to my noble friend Lord Trimble; he may not be, but I am. Will the Minister reassure the House that the Government understand that the delays in publishing Chilcot—whether justified or not—are eroding public confidence in the report and in the inquiry process itself? Even allowing for the fact that this is an independent report, is there really nothing that the Government can do to impart some urgency and immediacy to this matter?

[Lord Wallace of Saltaire]

My Lords, I have no doubt that the members of the inquiry are fully aware of the urgency. If I had been advising them, I would have put a limit on the amount of time to be taken to respond to these Maxwellisation letters. That is one of the issues that remains. But certainly one of the lessons learnt will be that we need to ensure that inquiries do not take as long as a number of inquiries—not just this one—have taken in recent years.

[Lord Cunningham of Felling (Lab)]

My Lords, is not the reality of the matter that public confidence in the report and its outcomes is being undermined, not by the delay in publishing the report, as the noble Lord, Lord Ashdown, claimed, but by the unfounded, unsubstantiated allegations that people are making?

[Lord Wallace of Saltaire]

My Lords, the purpose of inquiries is to restore public confidence, but it would be highly desirable if this report had been completed and published by now. There have been a number of reasons for the delay, and this is not the first time that an inquiry has taken, sadly, a lot longer than was originally hoped.

[Lord Trimble]

My Lords, in reply to an earlier question, the Minister referred to the numerous documents that had to be sifted and I am sure that he was absolutely right. Does he not agree with me that this is where having a good-quality counsel for an inquiry is essential? Am I right in thinking that Chilcot decided that he could do without such a person?

[Lord Wallace of Saltaire]

My Lords, I am not so sure that the quality of the counsel in this case was important. As I understand it, it was the sheer volume of documents that had to be sifted, a number of which were discovered to be relevant at a later stage of the inquiry, and then the whole question of what could be released. This is a very new kind of inquiry in terms of the amount of highly classified material—much of it relating to discussions with other Governments—that will be released.

Fixed-term Parliaments Act 2011

Lord Wallace of Saltaire Excerpts

Tuesday 27th January 2015 Lords Chamber

[Lord Grocott]

To ask Her Majesty’s Government what assessment they have made of the impact on Parliament of the next general election date having been fixed as 7 May 2015 since the enactment of the Fixed-term Parliaments Act 2011.

[Lord Wallace of Saltaire (LD)]

My Lords, it is a little too soon to reach definite conclusions on fixed-term Parliaments. The Government believe that the Fixed-term Parliaments Act has a number of benefits. It curbs prime ministerial and, therefore, executive power by preventing the Prime Minister of the day from calling an election on his or her own schedule. It has also assisted with Parliament’s work planning. The Prime Minister of the day will be required to appoint a reviewer to evaluate the Act in 2020.

[Lord Grocott (Lab)]

My Lords, I wonder whether the Minister shared the nation’s palpable sense of gloom this morning when the broadcasters and the newspapers united in reminding us that there are 100 days of campaigning left until the general election. Do fixed-term Parliaments not inevitably lead to inordinately long election campaigns, as many of us predicted, and, I am afraid, to the past its sell-by date House of Commons that we have at present, with very little to do in either House? Does the Minister at least acknowledge that there is a growing view, on both sides of this House and in the Commons, that the passing of the Fixed-term Parliaments Act was a serious mistake?

[Lord Wallace of Saltaire]

My Lords, the noble Lord may perhaps have missed the report from the Political and Constitutional Reform Committee last year, which stated:

“Our evidence has overwhelmingly argued that the greater certainty about the length of a Parliament provided by the Fixed-term Parliaments Act 2011 is a positive development, and in particular has created opportunities for better planning by the Government and Civil Service”.

I cannot understand why he prefers the situation of 1964-66, which led to the putting off of decisions and the devaluation of 1967; the two elections of 1974, which led to a Labour Government entering into an IMF programme; the dithering by Mr Callaghan in 1978; or that wonderful experience in 2007 when Gordon Brown kept changing his mind as different opinion polls came out. That was not good Government.

--- Later in debate ---

[Lord Cormack]

My Lords, I am most grateful to my noble friend Lord Tyler. As one who fought all the elections to which my noble friend the Minister referred, will he accept that those of us with that sort of experience have evaluated? We do not need to wait until 2020. This is a disservice to the constitution and the sooner it is consigned to the legislative rubbish tip the better.

[Lord Wallace of Saltaire]

My Lords, the noble Lord demonstrates that his conservatism on constitutional matters is as deep as that of the noble Lord, Lord Grocott. It was in the Labour Party’s manifesto for the last election that it would legislate on a fixed-term Parliament—as indeed in others. This transfer of, what was after all, executive power to Parliament was, one would have thought, an extension of our democratic system and a limit on prime ministerial power.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, the Minister said that it is too soon to decide whether this is a good thing. The sad thing is that the other place seems to be working part-time, so why are the Government not using their planning for better use of Parliament during the extended period?

[Lord Wallace of Saltaire]

My Lords, that is something that we need to learn about five-year Parliaments. There are some very good proposals from the Institute for Government and from the Political and Constitutional Reform Committee about how best to use the fifth year of a Parliament to discuss some of the issues that any Government will have to deal with—for example, Green Papers on the future of the National Health Service, et cetera. That is something which, in a future five-year Parliament, perhaps with another stable coalition Government, we might do. We have delivered stable government through difficult economic times for five years, unlike the Labour Governments of 1974 to 1979, and others. That is a very major advantage.

[Lord Tyler]

My Lords—

--- Later in debate ---

[Lord Tyler]

My Lords, will my noble friend confirm that there are 19 government Bills still in play in this Session and a further 14 government-backed Private Members’ Bills? There are a number of draft Bills and more than 90 statutory instruments, so this Parliament still has a lot of work to do. Does he agree that anyone who attended our very interesting debate yesterday on the Counter-Terrorism and Security Bill or indeed the debate on the Infrastructure Bill in the other House can see that Parliament is working really hard at the moment? Any suggestion that this is a zombie Parliament is ridiculous. Has my noble friend also noted that the Labour Opposition in the other House constantly complain that they have not enough time whenever a programme Motion is recommended?

[Lord Wallace of Saltaire]

My Lords, I think that we stand a good chance this time of avoiding the dreadful experience of the wash-up which we have had when elections are called at short notice and the rushed election campaigns which follow.

[Lord Elystan-Morgan (CB)]

Will the Minister accept, putting the matter as neutrally as one can, that there must be some dubiety as to whether there was the slightest justification in constitutional law for the Fixed-term Parliaments Act in that since the Second World War there was no instance of a Government running to the country in the short term without justification—that was true in 1951, in 1966 and in 1974—but there were instances of Governments who went right up to the buffers —in 1997 and 2010? Is not the true reason for the Fixed-term Parliaments Act that the coalition Government were desperately anxious to give security of tenure to the Liberal Democrat party?

[Lord Wallace of Saltaire]

My Lords, I do not accept any of the noble Lord’s premises.

[Lord Foulkes of Cumnock (Lab)]

Is the Minister aware that my noble friend Lord Grocott has more parliamentary experience than Nick Clegg, David Cameron and Ed Miliband put together? He therefore deserves to be listened to carefully.

[Lord Wallace of Saltaire]

My Lords, I have infinite respect for the ancient wisdom of the noble Lord, Lord Grocott.

Recall of MPs Bill

Lord Wallace of Saltaire Excerpts

Tuesday 27th January 2015 Lords Chamber

Moved by

[Lord Wallace of Saltaire]

That the amendments for the Report stage be marshalled and considered in the following order:

Clauses 1 to 6, Schedule 1, Clauses 7 to 10, Schedule 2, Clauses 11 to 16, Schedules 3 to 5, Clauses 17 to 20, Schedule 6, Clauses 21 to 25.

Motion agreed.

Boko Haram

Lord Wallace of Saltaire Excerpts

Tuesday 27th January 2015 Lords Chamber

[Baroness Quin]

To ask Her Majesty’s Government what recent assistance they have given to the rescue and recovery of the Nigerian girls abducted by Boko Haram.

[Lord Wallace of Saltaire (LD)]

My Lords, the abduction of the Chibok schoolgirls was an appalling example of Boko Haram’s brutality. Since their abduction we estimate that another 900 or more individuals have been abducted by Boko Haram in separate incidents. The UK, along with international partners, has increased its support for the Nigerian Government to help locate the girls and to tackle the broad threat posed by Boko Haram. We are providing a substantial package of UK military, intelligence and development support to Nigeria.

[Baroness Quin (Lab)]

My Lords, Holocaust Memorial Day seems a particularly poignant time to remember the Nigerian schoolgirls, and indeed the others who are victims of Boko Haram’s violence and persecution of religious communities in Nigeria and now in neighbouring countries. Is the Minister aware that the African Union summit is being held this weekend? It originally planned to focus on the vital issue of the empowerment and education of women but will now also include the need to unite against Boko Haram. In the light of that, will the Government give urgency to their consultations with our European, Commonwealth and North American partners to see how international assistance can be stepped up?

[Lord Wallace of Saltaire]

My Lords, my noble friend Lady Northover is at the African Union summit this week, and will no doubt be taking part in some of those conversations. We are consulting not only with our North American and Commonwealth colleagues; Niger and Cameroon are directly affected. The French, British and American Governments, in particular, are working with all the countries in that region because Boko Haram, as noble Lords know, does not respect borders.

[Baroness Falkner of Margravine (LD)]

My Lords, does my noble friend agree that, given the pivotal role of the Commonwealth—with two affected countries, Nigeria and Cameroon, being members—it is appalling that the Commonwealth Secretary-General took four months before he responded to the abduction in the first instance; and can the Minister tell the House a little more about what efforts we are taking within the Commonwealth to step up efforts to defeat Boko Haram?

[Lord Wallace of Saltaire]

We are working very closely with Nigeria. I am not fully briefed on how far the rest of the Commonwealth is involved, but we have a training team and an intelligence team working with the Nigerians on coping with the pressure from Boko Haram, which now occupies a substantial chunk of north-eastern Nigeria.

[Baroness Kinnock of Holyhead (Lab)]

My Lords, the Minister may be aware that Boko Haram has very strong ties with Islamic State and, indeed, with al-Qaeda. Does the Minister agree that the insurgency currently taking place in Nigeria is a direct result of the bad governance and the systemic corruption of President Goodluck Jonathan’s Government?

[Lord Wallace of Saltaire]

My Lords, my briefing is that Boko Haram is much more a Nigerian phenomenon than a global one such as ISIL. There are some links but that is what I understand. I also stress that the origins of Boko Haram go far back beyond President Goodluck Jonathan’s Government. It dates from the noughties, so to speak. Things have been getting worse recently but it is rooted in a range of underdevelopment problems in north-eastern Nigeria, such as overpopulation and government neglect.

[The Lord Bishop of Leicester]

My Lords, will the Minister join me in expressing his appreciation of those moderate Muslims who have spoken out in this country against Boko Haram and in emphasising the continuing need to be proactive in drawing together those communities that would easily find themselves pitched against each other in our towns and cities?

[Lord Wallace of Saltaire]

My Lords, I will happily join in that. Boko Haram has almost certainly killed more Muslims than it has Christians. It is very much a radical Muslim movement, which is as opposed to the Sultanate of Sokoto and the moderate Muslims in the north as it is to others.

[Baroness Afshar (CB)]

My Lords, in their negotiations, are the Government aware that everything Boko Haram is doing is contrary to the teaching of Islam, to the textual teaching of the Koran, which demands the education of women, and to the practice of the Prophet, who favoured his wives and daughters to be educated?

[Lord Wallace of Saltaire]

My Lords, I am well aware of that. But, as the noble Baroness well knows, radical movements of this sort, made up of the young, discontented and jobless, tend to latch on to whatever ideologies they can find.

[Baroness Morgan of Ely (Lab)]

My Lords, we understand that up to 100 British soldiers are being lined up for a mission to train the Nigerian military in its fight against the Islamic extremists of Boko Haram. Will the Government ensure that human rights training is included in this initiative?

[Lord Wallace of Saltaire]

My Lords, I am not going to comment on operational numbers. We have a military mission there and we are also sending people in on short-term secondments to help with the training. Of course human rights is a part of this, as I mentioned.

[Baroness Hussein-Ece (LD)]

My Lords, does my noble friend agree that speaking out against the horrendous Boko Haram has nothing to do with religion? We speak out against it, whether we are Christian, Muslim, Jewish, Hindu or whatever. It is an aberration that has nothing to do with any religion.

[Lord Wallace of Saltaire]

My Lords, I entirely agree.

[Lord West of Spithead (Lab)]

My Lords, in support of my noble friend Lady Kinnock, is it not clear that the Government in Nigeria have focused much more on the coming election and the wealth down in southern Nigeria and have ignored northern Nigeria; and, further, that local government and the police are corrupt and on occasions, as we know, have been helping Boko Haram? Are we putting pressure on the Nigerian Government to correct those faults? Without doing that we cannot really gain any momentum in the other areas the Minister has talked about.

[Lord Wallace of Saltaire]

My Lords, of course we are working closely with the Nigerian Government on a whole range of issues such as this. The north-east of Nigeria has been neglected compared to the north-west—not only to the south—and the noble Lord knows well the extent to which the oil wealth is now in the south but the northern elite that used to think it ran Nigeria feels excluded. There are many levels of different tensions that are reflected in this.

[Lord Lea of Crondall (Lab)]

My Lords, given that we do not run Nigeria like we did until about 1960, and given that we have to be sensitive about the views of the Nigerian Government on overseas countries, of which we are one, being party to all the security concerns within the country, will the Minister comment on the degree to which he feels that the Nigerian Government are being open to other countries that wish to be of assistance, whether on a bilateral or multilateral basis?

[Lord Wallace of Saltaire]

My Lords, we are working very closely with the Nigerian Government. Of course, we are not trying to pretend that we are a colonial power coming in. We are an ally and we are concerned about the security of the whole of the broader Sahel region.

Deregulation Bill

Lord Wallace of Saltaire Excerpts

Tuesday 27th January 2015 Lords Chamber

Moved by

[Lord Wallace of Saltaire]

That the amendments for the Report stage be marshalled and considered in the following order:

Clauses 1 to 3, Schedule 1, Clauses 4 to 8, Schedule 2, Clause 9, Schedule 3, Clauses 10 to 13, Schedule 4, Clauses 14 to 18, Schedule 5, Clause 19, Schedule 6, Clauses 20 to 26, Schedule 7, Clause 27, Clauses 42 to 44, Schedule 12, Clause 45, Schedule 13, Clauses 46 to 50, Schedule 14, Clause 51, Schedule 15, Clause 52, Schedule 16, Clause 53, Schedule 17, Clauses 54 and 55, Schedule 18, Clauses 56 to 72, Schedule 19, Clauses 73 to 83, Schedule 20, Clauses 84 to 87, Schedule 21, Clauses 88 to 91, Clauses 28 to 35, Schedule 8, Clause 36, Schedule 9, Clause 37, Schedule 10, Clause 38, Schedule 11, Clauses 39 to 41, Clauses 92 to 96.,

Motion agreed.