Deregulation Bill

Lord Wallace of Saltaire Excerpts

Tuesday 21st October 2014 Lords Chamber

Moved by

[Lord Wallace of Saltaire]

1: Clause 1, page 1, line 17, at end insert—
“( ) In section 82 (general provisions as to interpretation and regulations)—
(a) in subsection (3)(b) for “subsection (3A) or (4)” substitute “subsection (3A), (3B) or (4)”;(b) after subsection (3A) insert—“(3B) Regulations under section 3(2) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.””

[Lord Wallace of Saltaire (LD)]

My Lords, perhaps I should start by saying that the point which has just been raised by the noble Baroness, Lady McIntosh of Hudnall, will be dealt with later on today, so we will return to that question.

The purpose of Clause 1 is to remove the requirements of Section 3(2) of the Health and Safety at Work etc. Act 1974 from self-employed persons except those on a prescribed list of activities. The effect of Clause 1 will be to exempt self-employed persons from the requirements of Section 3(2), except those conducting undertakings prescribed by the Secretary of State in regulations.

As things stand, Section 3(2) imposes a duty on every self-employed person to protect themselves, and others, from risks to their health and safety, regardless of the type of activity they are undertaking. This means that duties are currently imposed on self-employed persons who undertake activities with little or no risk of harm to themselves and others. For example, a dressmaker, accountant or academic conducting commissioned research, as I used to do, working at home currently has duties under this section.

This proposal emanates from an independent review of health and safety legislation undertaken by Professor Ragnar Löfstedt in 2011. He recommended that self-employed persons be exempt from health and safety law where their work activities pose no potential risk of harm to others. One of the cases for doing so, he said, is so that Britain follows a similar approach to other EU countries—a comparison that may be welcome to some and possibly not welcome to others. The Government accepted this recommendation and a clause was included in the draft deregulation Bill.

In 2013, the Bill was subject to scrutiny by a pre-legislative scrutiny Joint Committee chaired by the noble Lord, Lord Rooker. Evidence presented by interested parties suggested that the clause, as originally drafted, could be confusing for self-employed persons to assess whether the law applied to them or not. The clause was therefore amended in the light of this evidence to make it clearer to the self-employed when the law will apply to them and when they will be exempt.

As a result of the change, only those self-employed persons conducting an undertaking prescribed by the Secretary of State in regulations will continue to have duties under Section 3(2). Undertakings will be prescribed if one of the following four criteria is met: first, there are high numbers of self-employed in a particular industry and high rates of injuries and/or fatalities—for example, in agriculture; secondly, there is a significant risk to members of the public—for example, in fairgrounds; thirdly, there is the potential for mass fatalities—for example, in the use of explosives or other dangerous equipment; fourthly, there is a European obligation to retain the general duty on self-employed persons—for example, in construction.

I hope that by now all noble Lords will have had an opportunity to consider a draft of the prescribing regulations, which has been produced in light of these four criteria. I am sure we can all agree that those self-employed undertaking work in the building industry should remain within the scope of health and safety law. Under the draft regulations, noble Lords will see that this will indeed continue to be the case. Builders, for example, will not be exempt under this proposal. Similarly, gas fitters and boiler engineers for obvious reasons will not be exempt. The risks posed when working with gas are recognised to be high and so the duties owed by a self-employed person who undertakes these activities will be maintained.

The draft set of regulations for the prescribed undertakings has been designed to strike a careful balance between the need to free self-employed persons from the perception that health and safety law places unnecessary burdens on them while still providing important protections in the law to those who require them. The Government have also tabled an amendment accepting the recommendation of the Delegated Powers and Regulatory Reform Committee to change the parliamentary procedure for these regulations from negative to affirmative. This will allow Parliament fully to scrutinise the regulations.

To ease transition to the new system and minimise familiarisation costs, the prescribed list relies on existing legal definitions, where possible. The clarity of the definitions in the list of prescribed undertakings in the draft regulations was the subject of an eight-week public consultation during the summer. The responses are being analysed by the HSE and will be published shortly. The draft list is available on the HSE website, and to assist the House, I will place a copy in the Library today. I hope that this will help in our discussions.

Further to aid the transition, the Health and Safety Executive is producing guidance targeted at self-employed persons and others to assist them in understanding the proposed changes to the law. It will also signpost them to existing guidance which explains in practical terms what self-employed persons need to do to comply with the relevant law. There is, for example, extensive guidance made publicly available by the HSE about managing health and safety in construction. This provides additional information about the definition of construction work, which is one of the activities intended to be prescribed. Detailed guidance exists for a majority of the other prescribed activities and, where it does not, the Health and Safety Executive will ensure that additional guidance is produced to support this legislative change. I beg to move Amendment 1 and propose that Clause 1 should stand part of the Bill.

[Lord McKenzie of Luton (Lab)]

My Lords, I rise to speak to our intention that Clause 1 should not stand part of the Bill. This is grouped with the government amendment and I can say that, should the clause survive, of course we accept that the affirmative procedure should be supported. However, I give notice that, notwithstanding the grouping, we reserve the right to vote separately on the clause stand part debate.

We have a first-class health and safety system in the UK which is respected around the world. At its centre is the Health and Safety at Work etc. Act, now in its 40th year. The system is built around the principle that those who create risks are best placed to manage them, and without being complacent, it is an approach which has hitherto saved countless people from being killed, injured or made ill by work. As we have heard, Section 3 of the Health and Safety at Work etc. Act currently places a duty on all employers and the self-employed to ensure, so far as is reasonably practical, the health and safety of others.

We should therefore be alarmed at what is now being proposed in Clause 1 of the Deregulation Bill, which seeks to exempt millions of the self-employed from health and safety legislation. This move springs from a recommendation made by Professor Ragnar Löfstedt, which was to exempt the self-employed who,

“pose no potential risk of harm to others”.

Such an exemption was proposed notwithstanding that it is generally accepted, including by Professor Löfstedt and the Health and Safety Executive, that the duty on the self-employed in these circumstances is limited, that little would be saved in terms of cost and time, and indeed in precautions undertaken, if such an exemption was introduced.

The professor also advanced the argument, as we have heard, that the exemption would help progress perceptions of a heavy-handed approach to health and safety for the self-employed, although scant evidence was provided to support the contention that this is a real problem. Indeed, the Engineering Employers’ Federation has refuted the view that self-employed people see health and safety as a burden and that they feel threatened by inspections and prosecutions. However, if there are these misapprehensions, surely the right thing to do is to challenge them, as the HSE is doing through its myth-busting panel rather than pare back the limited requirements which actually apply.

It was also proposed that this would bring us into line with Europe. However, international experience is varied, and more than half the countries of the EU include the self-employed in their health and safety legislation. Some that do not have stricter negligence laws which can be applied to those who put others at risk. Any suggestion that the UK’s health and safety system is creating an anti-competitive regime for the self-employed would not seem to be supported by what is happening. Self-employment actually grew by nearly 400,000 in the four years to 2012.

The HSE’s formulation to meet the Löfstedt recommendations was consulted on in 2012 and, despite receiving support from only a minority of consultees, was included in the draft Deregulation Bill which went before the Joint Committee. However, this attempt has proved problematic, with the Government eventually concluding from the pre-legislative scrutiny—rightly, in our view—that it would have been too confusing as to who was exempt and who was not. Given the minimal requirements on the self-employed who pose no risk of harm to others, it would have been logical at this point to hold on to the status quo; that is to say, although Professor Löfstedt arguably had a point, seeking to address it caused more problems than it solved.

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[Lord Curry of Kirkharle (CB)]

My Lords, I speak in favour of this clause and the Bill. I need to declare an interest: I chair the Better Regulation Executive, and many of the elements of the Bill have come through the Red Tape Challenge process, which we are partially responsible for. I stress that I am the independent chair of the BRE.

I understand the concerns that have been raised about the perceived dilutions of health and safety standards that this would give the indication of being. In fact, though, the noble Lord, Lord Deben, has mentioned the European Union, and we could be charged with being guilty of gold-plating health and safety because what Professor Löfstedt has recommended here is that we come into line with the rest of the EU. In most member states this is common practice; self-employed people in certain trades are exempt from health and safety legislation. This is bringing us into line with what is common practice in most member states within the EU.

The fear is that high-risk trades are going to find themselves newly exposed, but of course that will not be the case as those trades will not be allowed this exemption, and the Health and Safety Executive will produce guidance if there is some uncertainty among trades about whether or not they need to comply. The idea that somehow or other self-employed people in certain trades being exempt from this legislation means that they are suddenly going to behave irrationally is just not true. Most self-employed people will continue to behave as they behave now, whether or not they are subject to the law. What this does is remove from their lives some bureaucracy and box-ticking exercises that they are subject to now, so they will be alleviated from that burden. The assumption that there is going to be masses of exposure of self-employed people who are then going to suffer serious health and safety accidents is just not the case.

[Lord Wallace of Saltaire]

My Lords, this has been a short debate. I recognise the worries that have been raised. I thank the noble Lord, Lord Curry, for his speech. I emphasise that this is very much about the Red Tape Challenge and removing both real and perceived burdens on businesses. I stress perceived burdens because it is a disincentive to set up a business if you are intending to work on your own if you think that you face a tangle of regulations that it will cost you money, and take you a great deal of time, to work through and understand. The question of perception is therefore not at all unimportant to this Bill. On the other hand, I recognise that much of this is not enforced, let alone inspected, when it comes to people who work on their own, quite often in their own homes, so there are shades of understanding on all sides of the issue.

When I think about the self-employed, I tend to think about people in my profession, academia. I can recall two accidents in academics’ homes that I am aware of, in which bookcases became overloaded with books and collapsed. I regret to have to admit to your Lordships that one of the bookcases in question I had put up several years before; we had then sold the house to another academic and the bookcase very nearly collapsed on him, so in that sense I am perhaps liable. My DIY skills are not as good as they should be.

We recognise that people working in what one has to say are the intellectual trades or in the service industries—accountants, lawyers working at home and so on—on a self-employed basis are not in the business of high risk. All regulation is a question of how much risk one is prepared to accept, how large the risk is and how burdensome regulations will be. That is a constant trade-off that all Governments and Administrations have to consider, and that all courts when asked to review them also have to consider. The question of the balance is very much part of what we are now dealing with.

The noble Lord, Lord McKenzie of Luton, asked about people working in partnerships and whether they are exempt. I can tell him that if they are self-employed within the definition in the Health and Safety at Work etc. Act, they will be exempt unless the activity that they are undertaking is on the proscribed list. The definition of “self-employed” is not altered by this change. The noble Lord quoted paragraph 90 of the HSE review on this. I had indeed looked at paragraph 90, and what is said in paragraphs 91, 92 and 93 modifies what is said in paragraph 90, to the effect that we should not expect adverse health and safety impacts for the workers themselves and that behaviour is not likely to change due to the exemption. Again, we are dealing with degrees rather than sharp distinctions, one for another, and with perceptions as well as realities.

To introduce some numbers, as has been stated in the debate the number of people who are self-employed has grown considerably over the last 20 years, particularly over the last 10 years. On figures for accidents and fatalities, in the years 1992-93 there was an average of 81 fatalities among the self-employed per year; in 2012-13, there was an average of 51 fatalities. Many of these accidents involved electrical failures, or people who are electrocuted in the home or whatever it may be, as well as anything that may involve anyone else who had visited them.

I will ensure that I have answered all the other questions. The noble Lord, Lord Stoneham, and my noble friend Lord Deben asked whether we have anything specific about premises. This proposal is specific, as I mentioned in moving it, to Section 3(2) of the Health and Safety at Work etc. Act. Self-employed people will continue to have duties under Section 4 of the Act, which places a duty on those who provide non-domestic premises in a workplace, such as landlords. The duties that the self-employed person will have more generally will depend on whether the self-employed person carries out the activities on the proscribed list.

[Lord Deben]

My question was not just about whether they had duties, but whether the same responsibilities for the self-employed person who was exempt would be borne by the owner of the premises upon which they were working.

[Lord Wallace of Saltaire]

My Lords, I will have to write to the noble Lord about that specific question; I have noted it.

Part of what we are seeing in the rise of self-employment is that the number of people working in their own homes is rising as well; computerisation and all of the information technology developments make that much easier than it was 20 years ago. The noble Lord, Lord Deben, has remarked that inspectors could indeed come around and make sure that they have got their computer screens at the right angle and that they are using the right sort of chair. All of these can indeed be regarded as mild risks to those who are engaged in the activity. Again, however, in the balance between risk and regulation, that seems an acceptable risk to the Government, and one would wish to maintain the degree of independence and autonomy that one could have.

[Lord Greaves (LD)]

I was very much taken by my noble friend’s example of somebody who is self-employed being hit by a huge pile of books when a bookcase collapsed; I thought, “Yes, I have been there”. Can my noble friend tell me who is responsible from a health and safety point of view if an employed person is working from home, as so many people now do, and there is an accident with equipment for which the employed person is entirely responsible?

[Lord Wallace of Saltaire]

If that person is not self-employed, but working in paid employment with equipment provided by the employer, we are in different circumstances from those covered by this clause. If necessary I will write to the noble Lord to clarify that further. However, where a non-self-employed person is working from home while still carrying on their employment is a different circumstance.

The noble Lord, Lord McKenzie of Luton, touched on the list of exemptions and what areas are covered. The regulations will of course be discussed further—the HSE is currently discussing the draft list—so we may come to a slightly different conclusion at the end. I merely wish to point out that the actions of independent van drivers, for example, are covered by a whole range of other regulations. The question of whether we should duplicate regulations and restrictions is also one of those which the Red Tape Challenge wishes to address. I hope that I have managed to answer all the questions that were raised.

[Lord Deben]

I raised the question of information. Although a large number of individuals are exempt—I quite agree with that—they would still perhaps benefit from knowing about these things. How will that connection be made?

[Lord Wallace of Saltaire]

My Lords, I suspect that most young, self-employed people get their information about these things off the computer or iPad. I hesitate to suggest that inspectors should visit them in their homes to check that they are doing things correctly. That suggests a level of state intervention in personal lives and activities that I hope the noble Lord would be strongly opposed to and perhaps the Labour Front Bench would not wish to propose. As I have stressed before, we are talking about the balance between acceptable risk and necessary regulation, and about the balance between the burden of regulation and the perception by people who wish to set up their own businesses or work on their own of the amount of regulation they face and the potential risks to themselves and others who may visit them.

[Lord McKenzie of Luton]

As we are in Committee, I will make a few comments. On the issue of perception not being irrelevant, surely the way to tackle perceptions or misperceptions is, for example, to do what the HSE does through its myth-busting arrangements and panels to make sure that there is proper information and education. To pander to misconceptions and weaken health and safety protections is completely the wrong way to go. I say to the noble Lord, Lord Curry, that we are not just talking about perceptions here. In this clause we are talking about actual diminutions in health and safety protections. This goes a long way beyond what Professor Löfstedt recommended. He said that we should change the rules for those self-employed who pose no risk of harm to others. In this clause we are way beyond that. The Minister said that whether the law is there or not people will still act sensibly. Some will and some will not. However, he has not effectively answered the point: why should woodworkers, furniture makers, metalworkers and maintenance fitters, for example, be outside health and safety provisions both as regards their own protections and their responsibility to others?

I fundamentally agree with the noble Lord, Lord Deben, who said that the risk of all that is that it will create greater complications than anything that it solves. The noble Lord, Lord Stoneham, said—or I took him to say—that we should not proceed with this until we know what the detailed regulations are, and it appears that we will not know those for some time. What has not been answered effectively is why, having originally accepted Professor Löfstedt’s recommendations, the Government now wish to go way beyond that. That is what they are doing with this clause: they are weakening health and safety protections which have stood the test of time for 40 years.

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[Lord McKenzie of Luton]

With great respect, I do not think that that is Professor Löfstedt’s position. He circulated his original advice; we know what that is and why it could not be implemented.

[Lord Wallace of Saltaire]

I hesitate to suggest that we should call Professor Löfstedt to the Bar to explain what he may or may not have said; he is in Sweden at present and we will have to wait until he comes back. The decision that the Government took to produce a list of activities rather than occupations that would be covered by health and safety regulations, leaving others outside, was in order to provide greater clarity. I stress that it is intended to cover activities conducted by self-employed persons rather than being occupation-based.

The self-employed person in any profession who conducts one or more of these activities will remain within the scope of the law. Where a self-employed person falls exempt under this proposal, it is considered that other enforcing authorities would be better placed to deal with transgressions. Many other laws and regulations apply to these activities. There are also other means of redress available in civil law to those who suffer harm as a result of a self-employed person’s activities, and in some circumstances in criminal law: for example, gross negligence.

I also remind noble Lords that we tabled Amendment 1 to ensure that the list, which is now available in draft and is, I hope, in the Library, will be subject to parliamentary scrutiny under the affirmative procedure —so we will be able to return at that point to make sure that we have the boundary that we are now arguing about right. As drafted, it was subject to the negative procedure, but now there will be a further opportunity in Parliament to debate the exact list of high-risk activities before it comes into effect.

Amendment 1 agreed.

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[Baroness Thornton (Lab)]

My Lords, I agree with the noble Lord, Lord Deben: it rather looks as if the Government put a call-out to each department to offer up two or three regulations for abolition, without much thought about the priority and importance that they might have. I support the stand part debate on Clause 2. Indeed, I put my name to the intention to oppose it, introduced by the noble Lord, Lord Rooker, and supported by the noble Lord, Lord Sharkey. It seems hard to find anyone who supports the inclusion of this clause in the Bill, with the obvious exception of the noble Lord, Lord Curry, and Oliver Letwin.

As noble Lords have said, Clause 2 would remove the power of employment tribunals to issue wider recommendations to employers found to have unlawfully discriminated. I was party to passing that legislation in the Equality Act 2010. Indeed, on my side of the House, the Government of the time would have liked to have had some sanctions attached to this. However, there was a process of negotiation which the Conservative and Liberal Democrat parties agreed to. I make the point to the Committee that this is why we had that recommendation; it had all-party support from all parts of the House at the time.

The EHRC has said:

“We consider that the power to make wider recommendations is an effective way of preventing unlawful discrimination from occurring and helping employers to comply with their duties to treat their employees fairly. The case for … abolition has not been made. Clause 2 of the Deregulation Bill should therefore be removed”.

The Minister needs to explain to the Committee what is wrong with these recommendations. What is his message to the people who went through all the stress and trouble of going to an employment tribunal to right an injustice, as outlined by the noble Lord, Lord Sharkey, and other noble Lords, won there and then find that the employer is not being encouraged to do anything about those of their work colleagues suffering the same wrong? Does the Minister think that they should all go to the tribunal? What does he think should happen?

Finally, regarding the business perceptions referred to by the noble Lord, Lord Curry—it is the second or third time that he has mentioned them in these debates—I have to cite three cases. In Stone v Ramsay Health Care, the tribunal said that there was a “thorough and abject failure” by the employer,

“to have protected the claimant from pregnancy and maternity discrimination”.

It recommended training for senior managers and HR on pregnancy and maternity rights. In Crisp v Iceland Foods, the HR manager’s awareness of mental disability was “no less than woeful”, according to the tribunal. It recommended that those with HR responsibilities and area level managers be trained on disability discrimination rights. In Austin v Samuel Grant (North East) Ltd, the managing director had a long history of sending racist and sexist e-mails and the human resources manager had failed to deal properly with that issue. The tribunal recommended that the employer updated its policies on discrimination and that the directors and managers received diversity training. I cannot quite see what the overwhelming burden on industry is through those recommendations.

[Lord Wallace of Saltaire]

My Lords, this has been a useful and serious debate. I listened carefully to what the noble Lord, Lord Rooker, said, as he always does his homework extremely seriously—although the suggestion that you could find even a cigarette paper between the approaches which Oliver Letwin and I take to the Bill is one that I find quite remarkable. As a coalition Government, we are absolutely solid and arm in arm.

The noble Lord raised a number of serious questions. First, on the GEO inquiry, the 26 companies were of course under no obligation to reply; those that had the most interest replied. The GEO had taken the need to collect evidence seriously by contacting every employer at that time but there is also a question about the burden on industry and companies that one provides by pushing harder on those issues. Secondly, he raised the question of equal pay audits and how those are compared. As I think the noble Lord may know, an equal pay audit ordered by an employment tribunal is a precise and mandatory requirement, with sanctions for non-compliance, to advance equal pay in the small number of organisations where a breach of equal pay has been found. It is also directly a transparency measure, as it has to be published. By contrast, as has been stated in this debate, wider recommendations in other discrimination cases are effectively discretionary for employers and cannot be imposed.

On the question of how much evidence we have on all this, these wider recommendations have been handed down in fewer than 2% of all successful tribunal discrimination cases since 2010.

On the Red Tape Challenge, I say to the noble Lord, Lord Sharkey, that the presumption is that if the legislation does not serve a useful purpose then it should be removed. The fact that it is not terribly useful but confuses people as it stands is not a reason for leaving it on the statute book.

The noble Lord, Lord Ouseley, in a very helpful and powerful speech, raised the Howard case, which we are all well aware is one of the most difficult cases in this area. I should point out that the wider recommendation was intended for use in those cases where the complainant has left the relevant employer. In this case, as it happens, Miss Howard was still a Metropolitan Police employee, which would mean that the tribunal would still be able to make recommendations that benefited both her and her colleagues in the continuing workforce. Of course, even if Miss Howard had left the Metropolitan Police when the case was brought, it would remain open to the tribunal to express the same criticisms as observations in a non-statutory context.

What the Government are proposing will not result in any reduction in either the rights of complainants or the effective powers of tribunals, nor does it reduce the rights of other employees in the businesses concerned as the wider recommendation cannot be enforced on their behalf. Nevertheless, under the Red Tape Challenge the Government are committed to removing legislation that does not serve any clearly defined purpose, particularly where it none the less creates a perception of burden and unfairness. It is not just a question of those who, as the noble Lord, Lord Rooker, powerfully put it, have broken the law; we are concerned about the perceptions of unduly onerous legislative demands.

The power to make these wider comments, a somewhat anomalous one in a claimant-based adversarial system, came into effect four years ago. It has proved problematic. It is rarely used—we are aware of around 40 cases, as has been said, where they have been made—and trade organisations have told the Government that the power has led to additional cost, and that it is confusing.

Most of the wider recommendations made by tribunals are generic. Of the 40 or so that we are aware of, over 90% concern training for management or the updating of company diversity policies. However, as I have said, tribunals do not have the power to enforce such recommendations. Post-tribunal action is largely taken voluntarily by employers that have lost a discrimination case. Unless it was a one-off incident, business sense would drive changes in workplace practices to avoid a similar case being brought against them in future.

Perhaps I can give a few numbers in the areas that the noble Lord, Lord Rooker, raised. In 2012-13, the Government Equalities Office partnered the British Chamber of Commerce in events across the country, explaining the Act to small businesses. Around 300 businesses attended the events, and a follow-up booklet, Business is Good for Equality, was more widely distributed by regional chambers to their members, which altogether employ around 5 million people. Some 300 businesses attended the 10 short sessions to learn first hand about their obligations under equality law; that is more than seven times the number of employers that have received a wider recommendation in the four years since 2010. I hope that that provides some more detail of the sort that the noble Lord was asking for.

I know that concerns have been expressed that this repeal will reduce protections against discrimination in the workplace. That is not the Government’s intention and it will not be a result of this reform. Tribunals will continue to have the power to make recommendations and observations on their behalf. The question is: has this power done its job? I would say that for the employer, the wider workforce and the business in general, the answer is that it has not. There is instead a very small and unenforceable benefit balanced against the larger cost and the problem of uncertainty for business. I therefore urge that this clause remain part of the Bill.

[Lord Rooker]

Well, I thought that was a disgraceful speech, defending law-breaking employers. I have been where the Minister is. If I had sat through the debate I have just heard, I would have said, “Actually, I will take the recommendation back”. I would go to my Secretary of State and say, “I was going to screw this up anyway; the House was against me. We need some better arguments”.

I say to the Minister that the Government need better arguments, and the Red Tape Challenge is not one to use; you cannot rely on it for this. During the Red Tape Challenge, I came across an example where anecdotal comments by two environmental health officers caused the weight of the department and the committee led by the noble Lord, Lord Curry, to come down on the Food Standards Agency and say, “Keep unsafe kitchens in parks and village halls”. We said, “No, unsafe kitchens kill people”. They said, “But the Red Tape Challenge has actually identified this”. It was two anecdotal comments from environmental health officers on a website. That is the intellectual weight of the Red Tape Challenge. It is nonsense when you actually look at it.

I say to the Minister that he cannot rely on the Red Tape Challenge in this case because I do not recall it being used when we did the committee inquiry upstairs. I say to the Minister what the then Prime Minister said to me: “One last chance”. Would he like to take this away, come back on Report, and have a little think about it with a bit more fresh evidence—fresher than we have at the moment? Does he not think that would be a good idea?

[Lord Rooker]

Well, I know that that noble Lord would not want any evidence, but he is not the Minister. I am asking the Minister. Would it not be a good idea to get more up-to-date evidence and take it away to have a little think about it? That is all that I am asking him to do.

[Lord Wallace of Saltaire]

My Lords, of course, between Committee and Report, as the noble Lord is well aware, the Government take things away and have discussions in the Corridor. Officials look at the speeches that have been made and attention is drawn to their implications. Of course we will undertake to do that, and I am happy to talk further to the noble Lord, Lord Rooker. That is the way in which we always operate in this House: we take very seriously all the arguments made in Committee.

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[Lord Rooker]

And the result of that is that I was asked to keep unsafe kitchens.

[Lord Wallace of Saltaire]

I simply answer that the argument is that these provisions are unnecessary. It will make a small amount of difference, but the fact that we have removed them will mean that the sheer weight of regulations and expectations that employers have will be reduced a little. That is, in itself, useful.

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[Lord Singh of Wimbledon (CB)]

My Lords, I support the retention of the original clause. I speak on behalf of the Network of Sikh Organisations, the largest Sikh organisation in the UK, and as an expert witness in the famous Mandla case in the early 1980s which, incredibly, had to go all the way to the House of Lords to secure the right of a Sikh schoolboy to wear a turban in school and make religious discrimination against Sikhs contrary to the Race Relations Act 1976.

Sikhs are already free to wear turbans on building sites. This measure is simply a tidying-up exercise to ensure that Sikhs are not harassed by insensitive health and safety zealots in offices and workshops where there is minimal risk of injury. I spent a day and a half in the witness box in the Mandla case and would like to take just three minutes to explain to the House the significance of the turban. It is not cultural headgear like the hijab but a religious requirement to remind us and others of the need to stand up and be counted for our beliefs, particularly our opposition to religious bigotry in all its forms, and for the freedom of people of different faiths and beliefs to worship in the manner of their choice. So strong is this belief in Sikhism, that our 9th Guru, Guru Teg Bahadur, gave his life defending the Hindu community’s right to practise their faith—a religion different from his own—against alarming Mughal attempts at forced conversion.

It was Voltaire who said, “I may not believe in what you say, but I will defend to the death your right to say it”. Nearly a century earlier, Guru Teg Bahadur gave this noble sentiment practical utterance. The Guru was publicly beheaded in the centre of Delhi. The executioners challenged Sikhs, who then had no recognisable symbols, to come forward and claim their master’s body. They hesitated to do so. There are parallels here with the Bible description of Peter denying his closeness to Jesus Christ at the crucifixion.

The 10th Guru, Guru Gobind Singh, decided to give Sikhs visible symbols of their commitment to Sikh beliefs—a sort of uniform like that of the Salvation Army. The turban is now the most recognisable of these symbols. Sikh teachings of tolerance and respect for the beliefs of others are a powerful antidote to the extremism and persecution of minorities all too evident in our world today. Our world would be a happier and more peaceful place if more people were ready to stand up and be counted in the fight against intolerance. This clause is a sensible tidying up of the law to extend existing exemptions for building sites to sensibly include other workplaces. I give it my full support.

[Lord Wallace of Saltaire]

My Lords, I thank the noble Lord, Lord Singh, for that immensely helpful speech. As we have discussed these matters, I thought about my first year at university when my next door neighbour in the hall of residence I was in was a young man called Rahul Singh, who since then has become a rather distinguished writer in India. Every morning he used to comb out his hair in the corridor just outside my room. It was a wonderful sight to see each morning.

I say to the noble Baroness, Lady Thornton, that the Government are extremely well aware of the role played by Sikhs in World War I and World War II. It is very much part of what we are doing to commemorate World War I. As she may know, I sit on the advisory board. This summer, I was taken by the FCO World War I Unit to an excellent exhibition on the Sikhs in World War I at the School of Oriental and African Studies. The United Punjab Welfare Association is active in ensuring that the Government do not forget this in any way and this is something that I trust we will begin to follow through. I think I recall the noble Lord, Lord Singh of Wimbledon, saying to me that he thinks that he is almost the only Sikh living in this country who does not claim to have had a relative who served in the Indian Army during the First World War.

We are very happy to accept that we should respond in writing to the points that the noble Baroness has made and with a meeting, if necessary, to make sure that we have all the information which is needed. The issue is relatively straightforward, as the noble Lord, Lord Singh, said. Currently, turban-wearing Sikhs are exempted in Britain and Northern Ireland from legal requirements to wear a safety helmet while on a construction site, which also protects employers from liability. These clauses will extend the scope of the exemption to all workplaces and thereby increase the ability for turban-wearing Sikhs to pursue their chosen profession, whatever that may be.

In Great Britain, members of the Sikh community have faced disciplinary hearings and dismissal for refusing to wear head protection. Others are unable to follow their chosen professions. These provisions are therefore considered to be a necessary and sensible method of providing a consistent approach across health and safety legislation. They will also help to place turban-wearing Sikhs on a fair and equal footing when seeking employment. Perhaps I should also say that the number of turban-wearing Sikhs who find themselves in this position in this country is relatively small. This is therefore a small but useful and constructive change in the legislation.

The original exemption was limited to construction sites because, at the time of enacting, only workers in the construction industry were mandated to wear safety helmets. Legislative requirements regarding the wearing of safety helmets have since developed and now extend to a number of other industries where a risk assessment identifies the need for specialist head protection. There are certain jobs and industries where the wearing of a turban may come into conflict with these legislative requirements regarding the wearing of safety helmets et cetera. Employers in non-construction sectors must therefore balance their obligation to protect the health and safety of their employees against their duty not to discriminate against a turban-wearing Sikh employee on the grounds of religion or race.

Clauses 6 and 7 will be subject to certain exclusions for hazardous operational tasks where a risk assessment requires the wearing of a safety helmet. The types of tasks that are hazardous are those where it would not be sensible to allow the person to carry them out without appropriate protection, including entering a burning building or where the protective clothing needs to enclose the whole body, such as in bomb disposal or dealing with hazardous materials such as chemical leaks, biohazards or radiation. This matter is not just about individual choice—failure to wear appropriate head protection in such circumstances puts not only the individual at risk but colleagues who may have to effect a rescue in the event of an unprotected team member suffering head injuries. These exclusions will not prevent Sikhs from taking up employment with institutions such as the Armed Forces or the police and fire services.

In addition to extending the exemption for requirements to wear safety helmets, this clause also extends the limited liability provisions of other persons, such as employers, for any injury, loss or damage sustained by a Sikh individual who chooses not to wear a safety helmet in reliance upon the exemption.

I hope that this answers all the queries that have been raised. I also hope that Clauses 6 and 7 will stand part of the Bill, and trust that the noble Baroness, Lady Thornton, will withdraw her amendment.

Hong Kong

Lord Wallace of Saltaire Excerpts

Thursday 16th October 2014 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, this has been an expert and sober debate. On these occasions, I remember that on my first visit to China and Hong Kong, the most useful briefing I had was from the noble Lord, Lord Wilson of Tillyorn. I think that he was then a little less grey than he is now and I suspect that I was, too.

The Government firmly believe that the United Kingdom and China share interests in a prosperous, capitalist Hong Kong with a thriving civil society, a clear rule of law and the movement towards political autonomy that was outlined in the joint declaration of 1984. I pay tribute to the noble Lord, Lord Luce, for his role as the then Minister of State in securing the joint declaration. As we approach the 30th anniversary, the UK remains as committed to the joint declaration as ever. “One country, two systems” works well. The high degree of autonomy, rights and freedoms enshrined in the joint declaration continue to be upheld. Hong Kong has an independent judiciary and direct and active participation in political debate by a number of different political parties. We have just seen how lively civil society in Hong Kong is. It is a vibrant and engaged civil society in every way. It has the freedom, recently shown, to participate in regular, and usually peaceful, protests in accordance with the law. The United Kingdom recognises Chinese sovereignty over Hong Kong, but has shared interests in the widest sense in the future of Hong Kong.

The noble Lord, Lord Luce, talked of Britain’s moral duty to Hongkongers to encourage the principles of the joint declaration and said that the future of nearly 8 million people in Hong Kong matters above everything else. Perhaps I should mention that a quarter of a million British citizens live in Hong Kong, as well as a substantially larger number of overseas British nationals, so we have all sorts of different stakes in the future of Hong Kong. I assure my noble friend that Britain’s commitment to Hong Kong remains as strong as ever. As a signatory of the Sino-British joint declaration and as a country with the many ties with Hong Kong that have been expressed by the noble Lord, Lord Sassoon, and others in trade, economy, culture and education, it is vital to us as well as to China that Hong Kong continues to prosper. Part of our shared interest is that we are all aware that if Hong Kong did not continue to be stable, to be clearly governed by the rule of law and to prosper, other financial and service centres around east Asia would be very happy to take over some of what makes Hong Kong so prosperous.

Hong Kong is an important part of the UK’s relationship with China and we discuss it regularly and continuously at all levels. This has included discussions between the Prime Minister and Chinese Vice-Premier Ma Kai in September and Premier Li Keqiang in June, including the issue of constitutional development. Our six-monthly reports on Hong Kong to the British Parliament show our commitment to continuing to follow developments in Hong Kong and the implementation of the joint declaration closely. The most important thing is that the high degree of autonomy, rights and freedoms that are guaranteed by the joint declaration and embodied in the concept of “one country, two systems” are respected.

The Government’s assessment is that the Chinese Government’s White Paper of June 2014 has not undermined judicial independence, nor has it breached the 1984 Sino-British joint declaration. The White Paper reiterates China’s commitment in the joint declaration that the Hong Kong special administrative region exercises a high degree of autonomy in accordance with the law and is vested with executive, legislative and independent judicial power. The independence of the Hong Kong judiciary, as the noble Lord, Lord Thomas of Gresford, stressed, has been and continues to be key to Hong Kong’s success in the world economy. We share his view that the rule of law continues to prevail and that policing of the recent demonstrations has been largely proportionate.

On 31 August, the National People’s Congress standing committee in Beijing announced its decision on the methods of Hong Kong’s electoral reform. We welcome its reconfirmation of universal suffrage as China’s objective for the election of Hong Kong’s Chief Executive. We also recognise that the detailed terms set out by the National People’s Congress would disappoint those arguing for a more open nomination process. We therefore encourage dialogue and consensus-building during the next stage of the consultation, in line with the Basic Law which provides Hong Kong’s constitutional basis.

Today, we are witnessing a significant phase in Hong Kong’s development, with calls for democratic reform through widespread protests. As we have said in statements since the protests began at the end of September, we call for rights and freedoms to be respected and urge all sides to engage constructively in dialogue to work towards a consensus that allows a meaningful advance for democracy in Hong Kong. We welcome the fact that the Hong Kong Government have responded to the protestors’ demands with offers of talks with the Hong Kong Federation of Students and the other organisations involved. We hope that a mandate for these talks will be agreed as soon as possible. We will continue to monitor these events. Perhaps I should add that Her Majesty’s Government are conscious, from the experience of the Arab spring and other events, that, in reform and consultation, slow progress is often better than an attempt to move to the politics of the streets and to overthrow, which can often take us backwards rather than forwards.

On the wider issue of Hong Kong’s constitutional reform, the Government’s position remains unchanged. The detail of the constitutional package is for the Governments of Hong Kong and China, along with the people of Hong Kong, to decide, in line with the Basic Law and the subsequent decisions of the standing committee of the National People’s Congress. We recognise that there is no perfect model. We have, after all, heard earlier today some disagreement about what the perfect model for democracy for the United Kingdom might be. The important thing is that the people of Hong Kong have a genuine choice and feel that they have a real stake in the outcome. Reaching consensus requires all parties to continue to engage in a constructive dialogue. It is also Britain’s long-standing position, I reiterate, as a co-signatory of the Sino-British joint declaration, that Hong Kong’s prosperity and security are underpinned by its fundamental rights and freedoms, including the right to demonstrate.

My noble friend Lord Sassoon asked whether the details of the constitutional reforms in Hong Kong are matters defined in the joint declaration. There are no specific obligations on the Government on these matters and no locus for direct intervention by the Government. As I stressed, the details are for Hong Kong and China. Both the UK and China made commitments to Hong Kong through the legally binding 1984 joint declaration. That agreement, which led to the handover of Hong Kong, protected Hong Kong’s previous capitalist system and lifestyle for 50 years, with all the rights and freedoms that I have mentioned. The Basic Law and subsequent National People’s Congress decisions set the terms for constitutional development in Hong Kong. Our legal obligations under the joint declaration were to run Hong Kong until 1997 with the object of maintaining and preserving its economic prosperity and social stability and to restore Hong Kong to Chinese sovereignty with effect from 1 July 1997. Following that handover, we maintain an interest in ensuring that China honours its legal obligations under the joint declaration.

My noble friend also speaks, quite rightly, of Hong Kong as an excellent place for business in east Asia, as an important part of Britain’s international extension of our own economic interests through financial and legal services, as a large export market and as a centre for a number of British companies. I also pay tribute to my noble friend Lord Glenarthur and his work as Minister of State responsible for Hong Kong in the late 1980s. He rightly says, as others have, that it is for the people of Hong Kong and the Governments of China and Hong Kong to decide how to carry things forward.

My noble friend calls these “troubling times”. The Government believe that it is important that Hong Kong citizens’ basic rights and freedoms, including those of assembly and demonstration, are respected in line with the joint declaration, and that it is also important that demonstrations are carried out in accordance with the law.

The future of Hong Kong, as this debate has shown, is of great importance to the UK as a signatory to the joint declaration. However, it is also important to us because of our close history, our wealth of personal links and the strong two-way trade and investment. All these make Hong Kong one of the UK’s most important international partners and an essential part of our overall relationship with China. It is therefore vital to us that Hong Kong continues to enjoy prosperity and stability through the success that is underpinned by autonomy, rights, freedoms and the rule of law, all of which are guaranteed by the joint declaration. That is the message that we will continue to convey both to Hong Kong and in our regular and continuing dialogue with our partners in China.

Hansard Society: Audit of Political Engagement

Lord Wallace of Saltaire Excerpts

Thursday 16th October 2014 Lords Chamber

[Lord Lexden]

To ask Her Majesty’s Government what assessment they have made of the Audit of Political Engagement published by the Hansard Society in April 2014.

[Lord Wallace of Saltaire (LD)]

My Lords, while some of the findings are more positive compared with those published in the previous survey in 2013, there remains a number of results that should concern us all—for example, regarding the accountability of MPs and perceptions of Parliament. The Government, politicians, the media and many others in society all have a role to play in engaging people in democracy and overcoming a number of significant challenges to us all that are highlighted in the audit.

[Lord Lexden (Con)]

I declare my interest as a trustee of the Hansard Society, which is proudly celebrating its 70th anniversary, having been founded in the latter stages of the Second World War by one of the most remarkable of independent MPs, Stephen King-Hall. I pay tribute to my noble friend in the Cabinet Office for renewing its financial support for the widely respected Audit of Political Engagement. Does my noble friend agree that above all the audit underlines perhaps the greatest challenge that we face as a democratic body—namely, the widespread disinclination to cast votes in general elections, particularly marked among the young, which we must all labour to correct?

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, I entirely agree that this is an extremely valuable report and I hope that a large number of noble Lords have already read it. I particularly enjoyed reading the preface by the noble Lord, Lord Grocott, who I think is the president of the Hansard Society. It is not just a question of the low propensity to vote; it is the problem of very low perceptions of Parliament and the extent to which there is clear disillusionment with Westminster among the young, in the sense that they want to be engaged in political activity but not in party political activity, and not particularly in activities concerned with Westminster.

[Lord Tyler (LD)]

As a fellow officer of the Hansard Society, I, too, welcome this audit. Is it not clear from the record registration levels in the Scottish referendum, and indeed the turnout there, that when each vote is seen to be counted and has an impact on the result, there is much more engagement by the public, including young people? Does my noble friend recognise that many of our fellow citizens feel cheated by the first past the post system, which of course does not produce that result? Does he not recognise that until we address that issue, the likelihood is that there will be many more people voting in referendums than in elections?

[Lord Wallace of Saltaire]

My Lords, we all need to take account of the extent to which, in the course of the Scottish referendum campaign, people across Scotland, including young people, got re-engaged in politics in a way in which they are not engaged in politics in England. It is quite clear from the barracking that there was across the House just now that not everyone in this Chamber agrees with the wise words of my noble friend Lord Tyler on the voting system, but we need very much to focus on the problem of alienation. If we were to find ourselves on a less than 60% turnout in the next general election and the party that then took office got less than 35% of the vote, which is to say fewer than one-quarter of the total votes possible, there would be clear questions about the legitimacy of that Government. I saw in the Guardian, so it must be true, that Labour’s strategists had indeed been talking about the 35% point at which they might possibly have a majority Government on a less than 60% turnout. There are some real problems that we all have to face.

[Lord Grocott (Lab)]

My Lords, I declare an interest as chairman of the Hansard Society, which is a broad church including people as widely separated in view as the noble Lord, Lord Tyler, and myself. I put it to the Minister that one thing that really turns the public off is the inordinate length of current election campaigns, which was, I fear, an almost inevitable consequence of fixing parliamentary terms at five years, no matter what. Does he at least agree that there may be some merit in my Private Member’s Bill, which is due to get its Second Reading shortly, entitled the Fixed-term Parliaments Act 2011 (Repeal) Bill?

[Lord Wallace of Saltaire]

The noble Lord, as so often, demonstrates his wonderfully conservative approach to all matters of constitutional reform. I do not agree with him. I think part of the lesson of the Scottish referendum was that a remarkably long campaign produced enthusiasm and a real focus, my Scottish friends tell me, on some of the underlying issues, which is perhaps something we need to do in a national campaign.

[Lord Hamilton of Epsom (Con)]

Does my noble friend accept that although the turnout for the AV vote was lower than that for the Scottish referendum, the will of the people was clearly expressed and should be accepted by everybody in this country?

[Lord Wallace of Saltaire]

I am not entirely sure that I accept that. However, I accept that it was a lower turnout.

[Baroness Liddell of Coatdyke (Lab)]

My Lords, I was prompted to respond to the Minister’s remarks on the length of the Scottish referendum campaign. I plead with him to take a serious look at the health and well-being of those who have had to go through those 18 month, and I urge him to think again. Does the Minister agree that the quality of debate among 16 and 17 year-olds during the referendum debate was astonishing? I admit I was wrong; I was one of the people who thought that it was wrong for the franchise to reduce the voting age to 16. I was comprehensively proved wrong. I heard some of the best debates I have ever heard in a lifetime in politics from 16 and 17 year- olds. I urge the Government and the Hansard Society to look at the lessons that have to be learnt from that, but please, not in a long referendum campaign.

[Lord Wallace of Saltaire]

The noble Baroness is looking remarkably fit and well. I congratulate her on that after all her effort. The involvement of young people and the very serious approach which young people in Scotland took to the issues in the campaign provide lessons that we all need to think through. It is not possible to introduce voting at 16 in British elections between now and the May election campaign, so it is not an issue we have to consider at the moment, but it is perhaps one that we all need to discuss over the longer term.

[Baroness Walmsley (LD)]

Does my noble friend agree that the alternative vote is a poor substitute for STV as an alternative to first past the post? It is not really proportional representation and STV would engage more people.

[Lord Wallace of Saltaire]

My Lords, we now have a variety of electoral systems across the United Kingdom, of which the oddest is perhaps the London system of the supplementary vote. The question of what sort of electoral systems most engage the public at which level is one to which we need to return.

Arrangement of Business

Lord Wallace of Saltaire Excerpts

Thursday 16th October 2014 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, in the interests of hearing as many Members as possible, it might be worth reminding the House of the guidance in the Companion, which says:

“Ministerial statements are made for the information of the House, and although brief questions from all quarters of the House are allowed, statements should not be made the occasion for an immediate debate”.

Scottish Referendum

Lord Wallace of Saltaire Excerpts

Monday 13th October 2014 Lords Chamber

[Lord Sharkey]

To ask Her Majesty’s Government what is their assessment of the main implications of the Scottish referendum for the rest of the United Kingdom.

[Lord Wallace of Saltaire (LD)]

My Lords, I am pleased that people in Scotland have decided to stay in the United Kingdom. A process and timetable have been announced to deliver the commitments on further devolution to Scotland made by the three pro-UK parties; further powers are being devolved to Wales; work continues to ensure that the devolved institutions in Northern Ireland function effectively; and a committee has been established to consider governance arrangements for England.

[Lord Sharkey (LD)]

Can the Minister confirm, preferably by just saying “yes”, that further Scottish devolution will not be linked to the question of English votes for English laws? Can he confirm that a constitutional convention will be considered by the Cabinet committee he mentioned, looking into possible solutions to the West Lothian question?

[Lord Wallace of Saltaire]

My Lords, a constitutional convention is one of the many ideas that clearly will be discussed. We need to take these things as fast as possible but not in a hurried way. It is a very difficult balance. I can assure my noble friend that the transfer of powers to Scotland will not be held to ransom by any particular reservations.

[Lord McConnell of Glenscorrodale (Lab)]

The result in Scotland is both welcome and decisive, but it also sends a clear signal to these Houses of Parliament, to this Government and to future Governments that there is a disconnect between the centre of government and the people of this country, not just in Scotland. Therefore, it would be a mistake to see the next steps as being either only the devolution of further powers or simply welcoming the result and moving on. Will the Government also look at other ways in which government at the centre of the UK can re-engage with the regions and nations to show that everyone in the country feels that they have a voice at the centre of government in this land?

[Lord Wallace of Saltaire]

My Lords, the enthusiasm, the high rate of turnout and, earlier, the high rate of registration in Scotland was a lesson for the rest of us. It is very much part of the Government’s response to consider the devolution of power not only in further devolution in Scotland, Wales and perhaps in Northern Ireland, but also within England.

[Lord Cormack (Con)]

My Lords, does not my noble friend accept that the biggest danger to the union would be to encourage rampant English nationalism?

[Lord Wallace of Saltaire]

I entirely agree. I trust that my noble friend has not the slightest temptation to give way to that.

[Lord Foulkes of Cumnock (Lab)]

My Lords, does the Minister recall that, before the recess, again and again I raised the question of setting up a UK constitutional convention and the Minister equivocated again and again? Surely now is the time for action. If the three party leaders can get together to sign a vow, surely they can get together to set up a UK constitutional convention to work in parallel with what is being done for Scotland.

[Lord Wallace of Saltaire]

My Lords, I have said that this is one of the items that is currently being considered. As the noble Lord well knows, I could agree with him that we have a constitutional convention, but that would leave a great deal to be discussed as to what sort of convention, how it should be constituted and so on, which are also issues that we need to consider.

[Lord Tyler (LD)]

My Lords, does my noble friend recognise that it is not just the people of Scotland, Wales and Northern Ireland who feel that this country is woefully overcentralised in Whitehall and Westminster, but also people in Yorkshire and in Cornwall? Are the Government prepared to consider the early introduction of a devolution enabling Act so that Parliament can at least discuss how these procedures can follow, rather than trying to have an all-purpose, all-singing, all-dancing convention that could go on for many years considering all the issues relating to the UK constitution?

[Lord Wallace of Saltaire]

My Lords, I am old enough to remember the Kilbrandon commission, which took minutes and years in its own time and achieved very little. Indeed, one will even find in the eighth volume a memorandum which I, as a young academic, wrote. I suspect that no one has read it for the last 35 years. We are clearly concerned to move as fast as we can. City deals within the United Kingdom have begun to decentralise economic power to some of the major cities throughout England and elsewhere. City deals are the beginning of what might become a major devolution of power from Whitehall to our regions.

[Lord Reid of Cardowan (Lab)]

My Lords, I, too, am delighted that the kingdom remains united. I am well aware of the implications that the Minister has mentioned—in particular, addressing the English question. However, I think that they go much wider than that, asking and redefining what it means to be British in the 21st century. I am grateful to the noble Lord for saying that the timetable will not be held to ransom—I think those were his words. However, as it is absolutely crucial that there is no ground on which anyone can suggest bad faith in relation to the vows given by the three party leaders during the referendum campaign, will he say in simple language that the timetable, as outlined—that was part of the vow—will be kept?

[Lord Wallace of Saltaire]

My Lords, later today there will be a Statement, which will constitute the first part of the timetable, and I hope that many noble Lords will be here to listen to my noble and learned friend the other Lord Wallace repeat it. Therefore, the timetable is already under way; we are observing it and intend to continue to observe it. However, we are conscious that any form of substantial devolution which will include the regions within England will necessarily take longer. Perhaps I may repeat what the noble Lord, Lord McConnell, said. Part of what we all have to understand is that one of the many things that drove the Scottish yes vote was a sense of disillusion with London as the centre and with Westminster itself. All of us in all parties need to take account of that, think it through and adjust to it on a non-partisan basis.

[Lord Elis-Thomas (PC)]

My Lords, I do not speak for him in this House but the First Minister of Wales, the right honourable Carwyn Jones, has consistently called for a proper constitutional convention. Will the Government now heed his call?

[Lord Wallace of Saltaire]

My Lords, I repeat that we have heard these calls, that we are currently considering them and that we will wish to proceed as far as possible on an all-party basis.

[Baroness Royall of Blaisdon (Lab)]

My Lords, the Minister mentioned that disillusionment with London and Westminster in particular is a problem that has been thrown up by the referendum and in more recent polls, so why are the Government bent upon having a government Cabinet committee of all-white, all-male privy counsellors as a way of taking devolution forward?

[Baroness Royall of Blaisdon]

I beg noble Lords’ pardon. Clearly, there is going to be one woman on the committee, which is fantastic; nevertheless, it is a London-based committee. Why can we not now have an agreement in principle from the Government on a constitutional convention to take these things forward rather than the piecemeal way in which the Government are doing things at present?

[Lord Wallace of Saltaire]

My Lords, I think it is a little harsh to refer to the immediate reactions in the weeks since the Scottish referendum as piecemeal. We are moving fast to produce a number of draft clauses next January, before the election. We recognise that there is a limit to how much we can achieve before the forthcoming election but if the noble Baroness would like to suggest that the Cabinet committee should meet regularly in York, Lancaster or Chester just to make sure that it has less of a London perspective, I expect that the committee will think about that as well.

Deregulation Bill

Lord Wallace of Saltaire Excerpts

Wednesday 30th July 2014 Lords Chamber

Moved by

[Lord Wallace of Saltaire]

That it be an instruction to the Committee of the Whole House to which provisions of the Deregulation Bill have been committed that they consider those provisions in the following order:

Clauses 1 to 3, Schedule 1, Clauses 4 to 8, Schedule 2, Clause 9, Schedule 3, Clauses 10 to 12.

Motion agreed.

Deregulation Bill

Lord Wallace of Saltaire Excerpts

Wednesday 30th July 2014 Lords Chamber

Moved by

[Lord Wallace of Saltaire]

That-

(a) Clauses 1 to 12 of, and Schedules 1 to 3 to, the Deregulation Bill be committed to a Committee of the Whole House;

(b) the remainder of the Bill be committed to a Grand Committee.

[Lord Skelmersdale (Con)]

My Lords, we are faced with a slightly unusual situation in that Clauses 1 to 12 and Schedules 1 to 3 are to be debated in Committee of the Whole House and the rest of the Bill, Clauses 13 to 91 and associated schedules, are to be taken in the Moses Room. In theory, the beginning of the second group could be taken at the same time as the House is in Committee on the first part of the Bill. May I have an assurance that this will not happen?

[Lord Wallace of Saltaire (LD)]

My Lords, I would love to be able to be in two places at the same time, but unfortunately that is not possible. I can inform the House that the first day, the Committee of the Whole House, has been agreed to take place on 21 October and the first day in Grand Committee has been agreed to take place on 28 October the following week.

Motion agreed.

Deregulation Bill

Lord Wallace of Saltaire Excerpts

Wednesday 30th July 2014 Lords Chamber

Moved by

[Lord Wallace of Saltaire]

That it be an instruction to the Grand Committee to which provisions of the Deregulation Bill have been committed that they consider those provisions in the following order:

Clauses 13 and 14, Schedule 4, Clauses 15 to 19, Schedule 5, Clause 20, Schedule 6, Clauses 21 to 27, Schedule 7, Clauses 28 to 35, Schedule 8, Clause 36, Schedule 9, Clause 37, Schedule 10, Clauses 38 to 43 , Schedule 11, Clause 44, Schedule 12, Clauses 45 to 49 , Schedule 13, Clause 50 , Schedule 14, Clause 51, Schedule 15, Clause 52, Schedule 16, Clauses 53 and 54, Schedule 17, Clauses 55 to 68, Schedule 18, Clauses 69 to 78, Schedule 19, Clauses 79 to 82, Schedule 20, Clauses 83 to 91.

Motion agreed.

South Sudan

Lord Wallace of Saltaire Excerpts

Monday 28th July 2014 Lords Chamber

[Baroness Hodgson of Abinger]

To ask Her Majesty’s Government what steps they are taking to ensure that any future peace settlement in South Sudan is inclusive.

[Lord Wallace of Saltaire (LD)]

My Lords, we have made clear to all parties in South Sudan the need to support an inclusive peace settlement, through high-level messaging from UK Ministers and through the close engagement of the UK’s special envoy to the South Sudan peace talks. We have also directly supported efforts to ensure that South Sudanese civil society is engaged, notably through our backing for the IGAD-led symposium in June. We welcome the announcement that peace talks are planned to restart on 30 July. The UK will continue to press for an inclusive outcome.

[Baroness Hodgson of Abinger (Con)]

I thank the Minister for his Answer. I gather that the situation in South Sudan is absolutely dire at the moment. There is acute food insecurity, about 1.4 million people have fled their homes and there are around 4 million who need acute humanitarian assistance. Many of them are women who have fled with their children. I gather that there are very high levels of sexual violence and that women and girl children are particularly vulnerable. Can the Minister please assure me that particular attention will be paid to the women’s concerns and that their voices will be heard at the peace talks?

[Lord Wallace of Saltaire]

My Lords, the situation is dreadful. Many of those who have fled their homes have therefore missed the planting season, which means that there is a real possibility of very substantial famine in six to nine months’ time. We should in no sense underestimate how serious the situation is. Of course, it is not simply one conflict; there are all sorts of overlapping local and trans-border conflicts that affect South Sudan. The Government are fully engaged. We are glad to see that UNMISS, in its assistance to refugee camps, is paying special attention to the need to protect women and children, but we are conscious that many are at risk.

[Lord Boateng (Lab)]

My Lords, very often in that part of Africa the church is the sole common point of reference between the different tribal and ethnic groups. Will the noble Lord please ensure that both the FCO and DfID make use of the good offices of the ecumenical representative of the World Council of Churches and of the councils of bishops and evangelical churches in order to ensure that there is proper resourcing for peace and reconciliation work? It does not come cheap but it is effective.

[Lord Wallace of Saltaire]

I entirely agree that the churches are among the strongest and most widespread civil organisations in that deeply embattled country. Of course, many of the civil society organisations are now in refugee camps outside Sudan. I pay a particular compliment to those aid workers who are helping in South Sudan, in conditions of very considerable insecurity. Many of them come from British NGOs. We all recognise how difficult the situation is and we are certainly working with the churches as far as we can.

[Lord Alton of Liverpool (CB)]

Does the Minister agree that too much time in South Sudan has been focused on state building rather than nation building, and that that is reflected in the 38% of revenue that has been spent on armaments in South Sudan compared with the 7% spent on education? As we approach the peace process, will he ensure, as the noble Baroness, Lady Hodgson, argued, and as the noble Lord, Lord Boateng, has just said, that the representative nature of the peace process becomes more apparent, including not only warlords but many of those who have suffered, not least the women in South Sudan?

[Lord Wallace of Saltaire]

My Lords, this is, of course, a very new country and there has not been very much time for either state or nation building so far. We are certainly working through IGAD to pull in as many civil society organisations as we can in order to ensure that we do not have warlord-dominated negotiations of the sort the noble Lord suggested.

[The Lord Bishop of St Albans]

My Lords, it is evident that the long-term process of finding an inclusive Sudanese-led reconciliation can begin only once hostilities cease and a political settlement and resolution is reached. This is why international diplomacy is so vital. Will the noble Lord tell the House what plans the Government have to address the current understaffing of the UK Sudan unit, which has a role in this?

[Lord Wallace of Saltaire]

My Lords, the number of staff in the UK Sudan unit has fluctuated over the past few months; my understanding is that it is now rather larger than it was two or three months ago. I do not think that we can wait until the fighting stops to begin negotiations; local fighting is likely to continue for some considerable time and we have to start to move to construct at least the basis of some form of government now.

[Lord Collins of Highbury (Lab)]

My Lords, I very much welcome the comments of the noble Lord, but he just mentioned the number of refugees outside South Sudan. In fact, 180,000 refugees have arrived in Ethiopia and the number is expected to grow to 350,000 by the end of the year. What further steps will the Government take to ensure that Ethiopia and other neighbouring countries do not themselves collapse under the weight of this terrible tragedy?

[Lord Wallace of Saltaire]

My Lords, that is a problem not only for this conflict but for the Syrian conflict and the neighbours of Syria as well. The United Kingdom is the second-largest donor to South Sudan and those donations include assistance to refugees in surrounding countries. IGAD, the international action group, operates as a means through which all the neighbouring countries get together. I emphasise how serious the conflict is. It is estimated that perhaps 7 million out of the 10 million people in South Sudan may be short of food or under famine conditions by this time next year.

[Lord Avebury (LD)]

My Lords, I welcome the agreement between the parties that representatives of the people displaced by the conflict will take part in the peace talks. Will the representatives be selected by IGAD or by some other means, and if so, what will be the process? Will the talks to be started on Wednesday cover the details of how the transitional Government of national unity is to be established?

[Lord Wallace of Saltaire]

IGAD is currently consulting outside the country with potential civil society representatives who will be included in these discussions. This will in no way be a beautiful or perfect set of arrangements. If we manage to achieve some sort of transitional Government of national unity, we will have done extremely well.

[Baroness Hayman (CB)]

My Lords, I declare an interest as a trustee of the Disasters Emergency Committee and echo the Minister’s comments about the courage and commitment of the workers for those aid agencies who are out in South Sudan. They all report a desperate humanitarian situation in which it is not just the lack of resources—I pay tribute to what the UK Government have done in this—but ongoing fighting that is a barrier to those most in need receiving aid. Does the Minister agree that with more than 50% of farmers not able to plant in this year’s rainy season, unless a long-term enduring agreement is reached, this crisis will not only continue but deepen?

[Lord Wallace of Saltaire]

My Lords, there has never been an effective and functioning state in South Sudan. It is a new country born out of civil war. It is going to take a long time to construct an effective state administration with the ability to provide education and order within the 10 provinces with a large number of tribal groups and some 200 different languages. This is a major preoccupation with which all the states around South Sudan are engaged. Britain, the United States and Norway represent the troika of outside Governments who are most concerned. Of course we want other Governments to be concerned. It is good news that China has now recognised that it also has interests at stake and is considering providing additional troops to the UN peacekeeping forces.

[Lord Anderson of Swansea (Lab)]

My Lords, of the Governments who are most concerned, Uganda and Kenya are members of the Commonwealth. The Commonwealth has substantial experience in the field of internal reconciliation. Do the Government see any role for the Commonwealth and for members of the Commonwealth in this sad situation?

[Lord Wallace of Saltaire]

It is also important to ensure that we have Ethiopia and—as far as there is a Government in Somalia—Somalia on board. There are problems with allegations that Ugandan troops are too close to the side of President Kiir and biased against Mr Machar, so there are a number of delicacies that would raise questions about a Commonwealth role.

[Viscount Ridley (Con)]

My Lords, will the Minister confirm that efforts to eradicate the guinea worm continue in this region? It is a terrible parasite that is on its last legs. Through the excellent work of this Government supporting the Carter Center, it is down to its last handful of cases in South Sudan. It would be a terrible pity if the parasite were to escape again.

[Lord Wallace of Saltaire]

My Lords, in conditions where it is extremely dangerous for aid workers to be outside towns and where there are now severe problems in making sure that polio vaccination continues, I doubt that we have the capacity at present to ensure that the guinea worm eradication programme continues, but I will write to the noble Viscount.

Qatar: Migrant Workers

Lord Wallace of Saltaire Excerpts

Thursday 24th July 2014 Lords Chamber

[Lord Monks]

To ask Her Majesty’s Government what recent assessment they have made of the situation of migrant workers in Qatar.

[Lord Wallace of Saltaire (LD)]

My Lords, we welcome the serious manner in which the Qatari Government are responding to concerns about the treatment of migrant workers. We fully support Qatar’s intention to reform the current labour law. We encourage the Government of Qatar to put forward a timetable for passing and then implementing the proposed legislation. We stand ready to support these efforts where we can.

[Lord Monks (Lab)]

My Lords, the House should be aware that 964 migrant workers from India, Bangladesh and Nepal were killed on Qatari building sites in 2012 and 2013. There are many other countries with unrecorded deaths. This is all part of the run-up to the 2022 World Cup. Many migrant workers work under a system called kafala, a medieval bonded labour scheme. Will the Government exert maximum pressure on Qatar to enforce a ban on kafala and proper safety standards on the construction sites? If necessary, will they call for Qatar to lose the right to host the World Cup in 2022? Additionally, will the Government disqualify contractors guilty of poor health and safety practices from tendering for jobs in the UK?

[Lord Wallace of Saltaire]

My Lords, the 2022 World Cup is a matter for FIFA. Since I know that there have been considerable allegations in Qatar that the British press are campaigning for the 2022 World Cup to be transferred to the UK, let me make it clear that we entirely accept that it was agreed the 2022 World Cup would take place outside Europe. We have no intention of applying for that particular competition. We might well be interested in a later competition and wish to campaign actively for that.

On the question of pressure on Qatar, we welcome the moves it is making, but I quote the United Nations Human Rights Council report on the situation in Qatar, discussed the other month:

“The Special Rapporteur on the human rights of migrants welcomed the positive legislative developments in Qatar that had made it illegal for sponsors to confiscate passports. However, he noted the need for effective enforcement of that law”.

We are seeing useful developments in the rhetoric and legislative framework. The question of enforcement is a serious one.

[Baroness Williams of Crosby (LD)]

My Lords, I strongly support the noble Lord, Lord Monks, in raising this issue. Qatar as a relatively progressive Arab state is in a position to give an example to many others around it, not least in the other Trucial states. In addition to the very high levels of fatalities and casualties on building sites, there is a steady flow of wounds and sometimes fatal injuries suffered by women working as domestic labour in the Trucial states, not least as nurses, cooks and nannies. May I therefore strongly support the argument that the United Kingdom Government, who have a special status among the Trucial states, should continue constructively to press Qatar to give the example that it could give to treat migrants in the way that it treats its own citizens?

[Lord Wallace of Saltaire]

I thank the noble Baroness for raising the question of domestic labour, which is also an issue across the GCC. In the UK’s contribution to the debate at the UN Human Rights Council, our representative made two recommendations; first, to:

“Reform the sponsorship system, removing the requirement for foreign workers to obtain permission before leaving Qatar or moving jobs”,

and, secondly, to:

“Reform the Labour laws to ensure domestic workers are legally protected and to improve the enforcement of these laws ensuring the rights of foreign workers in Qatar are guaranteed”.

[Lord Lea of Crondall (Lab)]

My Lords—

[Lord Clinton-Davis (Lab)]

Does the Minister agree that the views of Her Majesty’s Government can be very influential in this matter? Does he further agree that presenting views officially and not being silent would serve an immensely positive purpose?

[Lord Wallace of Saltaire]

My Lords, the Government have a close relationship with Qatar and we constantly express our views. We do so also through multilateral and UN channels. One of the issues is that the sending states, mainly south Asian states, do not make as strong representations as many others about the position of workers in Qatar. I have to say in mitigation that the population of Qatar rose by 15% last year, almost entirely accounted for by foreign workers coming in. Part of the problem is that a huge boom is going on and the system does not have the capacity to cope with what is happening as a result.

[Baroness Gardner of Parkes (Con)]

My Lords, while I have every sympathy with the Question and think it is very valid, are we in a position to criticise others when in this country care workers looking after people at home are still being paid about £2 an hour because they get nothing for travel time between jobs? Therefore, it is time that we set our own house in order.

[Lord Wallace of Saltaire]

My Lords, the noble Baroness makes a very fair point.

[Lord Bach (Lab)]

My Lords, what discussions have the Government had—and this follows on from what the Minister said to my noble friend Lord Monks—with FIFA and with the British Football Association regarding migrant workers in Qatar and the 2022 World Cup?

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, I am looking round to see whether the noble Lord, Lord Triesman, whose subject this is, is here. FIFA has had a great deal of conversations with the Government of Qatar and others. I have before me a workers charter agreed by FIFA and Qatar—

[Lord Bach]

I am sorry to interrupt the Minister. What discussions have the British Government had?

[Lord Wallace of Saltaire]

The British Government of course have discussions with FIFA, but, like the International Olympic Committee, this is an autonomous body with which we have a dialogue, but we are unable to give instructions. We support everything that FIFA is doing to try to improve construction issues in relation to the World Cup 2022 and of course we have many other issues relating to the necessary reform of FIFA.

[Lord Dubs (Lab)]

Will the Minister confirm that workers are not allowed to join trade unions in Qatar? If they were, might not some of the problems we are talking about be better dealt with?

[Lord Wallace of Saltaire]

My Lords, the workers charter issued in January refers to including workers’ representatives in forums to discuss labour conditions. I look forward to that being developed.