Intelligence and Security Committee of Parliament: Special Report

Debate between Lord Wallace of Saltaire and Earl Howe

Monday 4th November 2019 Lords Chamber

[Earl Howe]

In due course, the Government will release the report for publication, but the processes must be gone through first.

[Lord Wallace of Saltaire (LD)]

My Lords, the Minister will be aware that there have been press reports in the past two or three days on this. There have been what look to be official select leaks saying that actually, the report exonerates everyone regarding Russian money. However, the Guardian this morning states that the report deals with allegations that,

“Russian money has flowed into British politics in general and the Conservative party”.

Edward Lucas in the Times this morning reports that he understood clearly that the report was on track towards imminent publication last Thursday and has since been blocked by No. 10. Given those reports, which are damaging for the Conservative Party at the start of an election campaign, does the Minister not think it extremely wise to ensure that the report is published as soon as possible, before it becomes more of a campaign issue?

[Earl Howe]

My Lords, I note the noble Lord’s comments. The governing Act—the Justice and Security Act 2013—makes it clear that the impact of releasing potentially sensitive or sensitive information needs to be considered carefully by the Prime Minister on the advice of civil servants. That process cannot be rushed; I say that with some emphasis.

Prorogation Recall

Debate between Lord Wallace of Saltaire and Earl Howe

Tuesday 3rd September 2019 Lords Chamber

[Lord Wallace of Saltaire (LD)]

Does the Minister agree with the following statement in the Commons Library briefing:

“Long prorogations … can give rise to fundamental questions about whether the Government of the day still commands the confidence of the House of Commons and therefore whether it can legitimately continue to govern”?


Has he had access to the paper on the impact of a no-deal Brexit which the Daily Mail tells us the Government have now decided not to publish and which says that we are heading towards an entirely foreseeable, major national crisis in our economy and society within the next eight weeks if we crash out with a no-deal Brexit? Would he regard that as the sort of depth of crisis which required Parliament to be recalled?

[Earl Howe]

My Lords, I have not had access to that paper. My noble friend Lord Callanan will give an update on Brexit preparations and take questions on those matters this afternoon, so I suggest that the noble Lord puts his question to my noble friend.

D-day Memorial

Debate between Lord Wallace of Saltaire and Earl Howe

Tuesday 9th July 2019 Lords Chamber

[Earl Howe]

My Lords, my noble friend makes a very constructive suggestion that I will take back to my department.

[Lord Wallace of Saltaire (LD)]

My Lords, the noble Lord, Lord Selkirk, mentioned the importance of the Polish contribution in this respect. I have found on several occasions, in the referendum campaign and since, that people argue that we British beat the Germans in two world wars and now they are trying to tell us what to do. I have tried to argue that we had some help from other countries. I think that there were troops of 30 nationalities under Britain’s command at Normandy. Can we ensure that the memorial and the education centre stress the collective activity that made this a tremendous success?

[Earl Howe]

My Lords, my understanding from the trust is that that is exactly its intention. The overwhelming majority of the 22,442 names on the memorial will be British, but troops of 38 different nationalities will be commemorated. Predominantly they were from Commonwealth countries and Europe, but there is also provision to record the contribution of the Merchant Navy, French agents who were parachuted in to observe German movements and the SOE, as well as war correspondents.

Afghan Interpreters: Security Clearance

Debate between Lord Wallace of Saltaire and Earl Howe

Monday 17th June 2019 Lords Chamber

[Earl Howe]

My Lords, I hardly accept anything that the noble Lord has just said. I do not believe that the Government’s scheme for previously employed interpreters is a travesty. I was glad to hear the noble Baroness, Lady Coussins, endorse the quality of the scheme because uniquely in the world it is there to provide for our former staff and their families, who have played such a generous role in supporting UK and NATO staff in Afghanistan. In total, through our ex gratia redundancy scheme, around 500 former staff and their families have relocated to the UK, which represents around 1,295 individuals in total. In June last year the then Defence Secretary announced that the criteria had been even more generously expanded. We are the only nation with a dedicated investigation unit in-country to investigate and provide solutions to intimidation.

[Lord Wallace of Saltaire (LD)]

My Lords, I regret that I have to speak from these Benches rather than my friend the late Lord Paddy Ashdown, who would naturally have spoken on this Question and knew so much more than I do. Can the Minister confirm that so far we have accepted, I think he said, some 500 out of a total of 3,500 interpreters that the British had in Afghanistan, while the United States has offered asylum to 9,000 Afghanis? It does not seem that the British position is quite so unique. Can he also comment on the fact that the leading candidate for his party leadership is deeply and publicly committed to British forces spending more time in more conflicts east of Suez? If he becomes Prime Minister, it is likely that in future conflicts we will need local interpreters for the languages spoken, so our reputation as regards how we care for interpreters afterwards matters for the future as well as for the past.

[Earl Howe]

I agree, which is why we have been careful to create not only one but at least two very generous schemes for former interpreters. Those schemes do not necessarily involve relocation to the UK. They may involve relocation in-country, they may involve financial compensation, or indeed they may involve retraining for another career altogether, and we provide the means for them to do that. In the majority of cases, I would be very surprised if complaints were raised against the UK, although I take note of the report in the Times last week, to which we are paying close attention.

Aircraft Carrier Task Force

Debate between Lord Wallace of Saltaire and Earl Howe

Wednesday 13th March 2019 Lords Chamber

[Lord Wallace of Saltaire]

To ask Her Majesty’s Government what they consider to be the minimum size and composition of a United Kingdom aircraft carrier task force when deployed to the Pacific.

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, the United Kingdom carrier strike group will achieve initial operating capability in December 2020 and deploy in 2021. The size and composition of that group is set by the deployment requirements as determined during operational planning.

[Lord Wallace of Saltaire (LD)]

I thank the Minister for that non-Answer. Can he confirm that the normal aircraft carrier task force requires two, three or four frigates, one or two submarines and a couple of support ships, and that to maintain a task force of that size in the Pacific requires at least as many ships at home, in maintenance or on their way in and out? Does he recall the Secretary of State for Defence’s speech at the Royal United Services Institute some weeks ago, in which he promised that we intend in our future global deployment to keep six ships permanently in the Gulf and maintain a permanent presence in the Caribbean and the Asia-Pacific? He said:

“Our vision is for these ships to form part of 2 Littoral Strike Groups complete with escorts, support vessels and helicopters. One would be based east of Suez … and one based west of Suez in the Mediterranean”.


Is the Minister confident that the Navy is capable of supporting all these parts of the Secretary of State’s vision?

[Earl Howe]

My Lords, we will always have a sovereign task group capability. As I said, the carriers will operate as part of a maritime task group, which will be tailored to meet the required tasks in a particular case. The precise number and mix of vessels deployed would depend on operational circumstances. As the noble Lord knows, we will be able to draw on a range of modern and highly capable vessels to support the carriers, including Type 45 destroyers, Type 23 frigates, Astute-class submarines and, in due course, Type 26 frigates. We will also work routinely with ships from allied navies.

Public Procurement (Amendment etc.) (EU Exit) Regulations 2019

Debate between Lord Wallace of Saltaire and Earl Howe

Monday 4th February 2019 Grand Committee

[Earl Howe]

My Lords, I thank all noble Lords who have spoken for their questions. If noble Lords will bear with me I will do my best to answer them, although not necessarily in the order in which they were asked.

The first question of the noble Baroness, Lady Hayter, was about the lack of an impact assessment. As I said in my opening remarks, this statutory instrument was designed to ensure continuation of the current system where possible. The impact of the amendments, including the replacement of the OJEU with the UK e-notification service, was deemed, after a de minimis impact analysis, to be below an annual cost of £5 million, which is the critical figure in this context. Consequently, in line with published guidance, a full impact assessment was not required or produced. We do not anticipate that the costs of complying with the amended regulations will be very great: in fact for all practical purposes they will be unchanged, because this amendment only fixes deficiencies and removes reciprocal rights—it does not change processes and procedures that would affect the cost of running or participating in a procurement under the regulations. That is why there was no consultation.

[Lord Wallace of Saltaire]

If I understand the Minister correctly, paragraph 12.3 should therefore read: “Provided that there is a withdrawal agreement, the impact will be limited, but in the event of no agreement there will be a considerable and adverse impact”.

[Earl Howe]

No, my Lords. These regulations are designed to ensure that the experience of businesses using the public procurement system is virtually unchanged from today. Our aim has been to produce as smooth a transition as possible—even in the event of no deal. Of course, as the noble Lord, Lord Adonis, has pointed out, there will be changes in the wider context of bidding in the European market; I will come to that in a minute.

The noble Baroness, Lady Hayter, asked what would happen if exit day was deferred. If that were to happen, and the withdrawal Act amended, that would feed directly through into these regulations, so no specific amendment would be required for that. She also asked me about the GPA thresholds and how they will be published. To update the thresholds, the Minister for the Cabinet Office will need to exercise the new regulation-making powers conferred by this instrument. The new thresholds will, therefore, be reflected in the public procurement regulations themselves and be publicly available and notified by procurement policy notice.

The noble Baroness, and the noble Lord, Lord Wallace, asked about the GPA. As I said in my opening remarks, the UK currently participates in the GPA via its EU membership. We need to accede to the GPA in our own right to maintain legally guaranteed access to public contract opportunities that the GPA provides. The offer that we have made to GPA parties maintains our existing commitments in the UK part of the EU schedule. The European Union (Withdrawal) Act 2018 aims to ensure as much continuity as possible. It is, therefore, the UK’s intention to join the GPA in its own right and, ultimately, to transpose the other international agreements between the EU and third countries. Accordingly, all suppliers should continue to be treated equally and fairly through open competition. Keeping our procurement market open to international competition clearly ensures better value for money for the taxpayer and facilitates UK suppliers being offered reciprocal rights to participate in procurements abroad.

Noble Lords asked me what would happen if our GPA accession did not take place by exit day. We have made good progress in our accession process and, as I said, we have received agreement in principle to our GPA market access offer. Despite this progress, we have taken the necessary precautions in the event that the UK’s application to accede has not been fully completed by exit day. In this scenario, economic operators established in territories and states that are GPA parties would no longer have the guaranteed access and associated remedies that they currently have in relation to UK public procurements. One of the amendments in the public procurement regulations guarantees continued access, rights and remedies for suppliers from GPA countries for a time-limited period from EU exit. This approach has been taken to mitigate the risk of a short gap in GPA membership. This will facilitate UK suppliers being offered reciprocal rights to participate in procurements abroad.

The noble Lords, Lord Wallace and Lord Adonis, asked about the attitude of other countries—New Zealand and China in particular—to what we were doing in relation to the GPA and standards. New Zealand has, in fact, accepted our final market access offer. It continues to be interested in other aspects of the UK’s WTO membership. China’s application has been in train for many years and I am advised that it is unlikely to be completed in the near future. There will be no change to the standards that we currently operate. A draft decision inviting the UK to join has been sent to all GPA parties. It is expected that the formal invitation will be issued at a committee meeting this month. Parties were interested in how the decision described the UK’s relations with the EU during the transition period.

The noble Lord, Lord Wallace, also asked about oversight carried out by the Competition and Markets Authority. This instrument does not provide for oversight by the CMA of the public procurement regime. Aggrieved suppliers will, however, continue to be afforded the remedies provided for in the regulations. In that way, contracting authorities and other entities will be held to account by the courts.

The noble Lord, Lord Adonis, asked various questions about the Official Journal of the European Union and the publication of contract opportunities. In a no-deal scenario, the UK is unlikely to be afforded access to the Official Journal for the purposes of advertising public contracts. That is simply a facet of no longer being a member of the EU, and that is why we have developed our own system to which UK bidders, EU bidders and bidders from the rest of the world will have access and in which they will be able to see UK public procurement opportunities. UK authorities may continue to advertise some types of procurement opportunity in the Official Journal—where the UK is participating in EU research and development projects, for example—though we anticipate that being a relatively rare event.

[Earl Howe]

I take the noble Lord’s point entirely. I need to seek advice on the question that he asked me about Switzerland and Norway, as I do not have that information to hand, but clearly, to the extent that we are allowed to avail ourselves of the OJEU in any public procurement context, it will be an advantage. However, I am advised that the new UK e-notification system which is being developed will be accessible by the same portal that suppliers use at the moment. To that extent, the process which they go through will feel quite normal. I can advise the noble Baroness, Lady Hayter, that the new system is on track to be in place by 29 March 2019.

[Lord Wallace of Saltaire]

My Lords, am I correct in thinking that provided we have an agreement as we leave and therefore also a transition period, during that transition period many of the same arrangements will continue? If so, it is possible that the answer to the question asked by the noble Lord, Lord Adonis, is that during the transition period we will continue to have access. The question of what happens after 2020, 2021 or whenever it is has to be negotiated; the future relationship negotiations have not yet begun.

[Earl Howe]

The noble Lord is absolutely correct. Clearly if the agreement proposed by the European Commission is agreed, or something like it is agreed, the implementation period will kick in, and therefore we will be as if a full member of the European Union for purposes of public procurement. There will then be the question of what long-term arrangements are negotiated by and through the Commission.

--- Later in debate ---

[Earl Howe]

This statutory instrument is expressly designed for the contingency of no deal. Therefore, it will not come into force if Parliament agrees that the deal on the table, whatever that looks like, is acceptable.

[Lord Wallace of Saltaire]

In that case, the impact assessment for no deal should have been part of the statutory instrument. I read it as being partly about no deal and partly about the withdrawal agreement, because if we leave with a deal before we have completed joining the GPA the consequences could be quite substantially adverse.

[Earl Howe]

The two situations would indeed be very different. The Government hope that Parliament will agree a deal, which will make for a much smoother transition in the implementation period for businesses, private citizens and everybody else than if there is no deal. However, as has been said many times in the Chamber, it behoves a prudent Government to prepare for these contingencies. Unlike the statutory instrument we will debate next, this one is purely designed to address the contingency of no deal.

Royal Navy: Deployment

Debate between Lord Wallace of Saltaire and Earl Howe

Monday 2nd July 2018 Lords Chamber

[Lord Wallace of Saltaire]

To ask Her Majesty’s Government what is the strategic rationale for the deployment of Royal Navy ships east of the Malacca Straits.

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, these ships are present in the region to provide a clear and substantive demonstration of the UK’s commitment to the peace, security and prosperity of the region as a whole, as well as to demonstrate support for the rules-based international system.

[Lord Wallace of Saltaire (LD)]

My Lords, is that demonstration short term, or do the Government intend to maintain those three ships on station east of the Malacca Straits? The Minister will recall that when a Labour Government decided 51 years ago to withdraw from the east of Suez, part of the argument was that keeping a ship on station east of Singapore required another four naval ships in place to prepare for moving out and so on. We require virtually half of the British Navy to commit to keeping three ships in the South China Sea. If we follow the Foreign Secretary’s promise—as we always do—and send an aircraft carrier with a full complement of support ships east of the Malacca Straits, with aircraft on board the carrier, that would be half of the British Navy already. Probably most of the British Navy would be committed to the South China Sea. Is that really a strategic priority over the defence of our waters and the seas around Europe?

[Earl Howe]

My Lords, Royal Navy deployments are thought about and planned very carefully. They are also kept under regular review. The judgment of Ministers, and, indeed, of the Royal Navy, was that these deployments would fulfil multiple important objectives for UK plc. That remains the case.

European Union (Withdrawal) Bill

Debate between Lord Wallace of Saltaire and Earl Howe

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, of course I shall withdraw the amendment, but I shall make a couple of comments. It is clear that we will have to return to this at the next stage if the Government do not provide any more detail. First, on the role of the Lords in considering Bills such as this, the noble Baroness said—as the noble Lord, Lord Callanan, said on a couple of occasions—that this is a largely mechanical Bill. Well, it is a mechanical Bill that gives very wide discretion to the Government to design our future relationship with our most important security, political and economic partners. So a House that concerns itself not with whether the principle of the Bill is correct but with the detail is entirely in accord with its role to ask for detail on what that discretion will be used for.

It would be easier to accept that this is a mechanical Bill and not to raise these difficult questions one after another if we had some confidence that the Government actually know what they want in these areas. Part of our problem is that many of us have no such confidence. I do not think that the Foreign Secretary has a clue about what he wants by way of a future relationship with Europe: I doubt whether he has really thought about it for more than three or four minutes. He is too busy thinking about the next anecdote he is going to tell or the next joke he is going to make. His speech last week was a disgrace for a Foreign Secretary: the Prime Minister’s was of an entirely different quality. For a Conservative Party that has always prided itself on its commitment to a strong foreign policy, it must be a real embarrassment that we still have someone in place who is incapable of giving a serious speech on foreign policy. So this House is fulfilling its proper role in asking for detail on the implications of the Bill.

Secondly, I take up what the noble and gallant Lord, Lord Stirrup, said: the engine room is important.

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, I think it is against the rules and the spirit of this Chamber to criticise a Member of another place by name. I hope that the noble Lord will see fit to moderate his comments accordingly.

[Lord Wallace of Saltaire]

I apologise for being perhaps a little stronger than I should have been in this respect. On the engine room—I wanted to return to the noble Earl, Lord Howe, on this—much of the business of multilateral organisations, be it NATO or the EU, is done in working groups and committees. The common foreign and security policy structure has some 40 working groups and committees, including a military committee that has been chaired by a British officer. If we are not in any of those working groups, we will miss out on formulating policy.

There are other details that matter a great deal. I remember the noble Earl, Lord Howe, saying on one occasion, when some of us were following the noble Lord, Lord West, and asking, “Where are you going to find the frigates to make up the carrier groups that we need?” The noble Earl said, if I remember correctly, “They do not necessarily have to be British frigates”. I took him as meaning that they might be Dutch, French, Belgian or whatever. Well, that also needs a certain structure, with certain training mechanisms and certain multilateral commands.