Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Cabinet Office:
To ask His Majesty's Government whether, for the purposes of the Economic Activity of Public Bodies (Overseas Matters) Bill, there is a lower limit to (1) the amount or proportion of public funding received by a public body, and (2) the size of such a body using any other metric.
Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)
The Economic Activity of Public Bodies (Overseas Matters) Bill applies to public authorities, as defined in section 6 of the Human Rights Act 1998. There is no universal test to determine whether an authority is bound by section 6 of the Human Rights Act and therefore in scope of the Bill. However, indicative factors that have been identified by judges as relevant include: the authority receiving a significant amount of public funding; the authority carrying out acts in exercise of statutory powers; and the authority exercising a task which is in the public interest. Although there is no lower limit to the size of a public authority, nor the amount of public funding that a public authority can receive, judges have already clarified that receiving public funding does not, on its own, mean a body is a public authority under section 6, nor exercising public functions. Ultimately, the courts would decide on individual cases depending on the particular circumstances.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Cabinet Office:
To ask His Majesty's Government whether, for the purposes of the Economic Activity of Public Bodies (Overseas Matters) Bill, the definition of a "public body" may apply to a single individual person.
Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)
The Bill applies to public authorities as defined in section 6 of the Human Rights Act 1998.
This means that the Bill will only apply to public authorities and not to individuals in their private capacities. When an individual is acting on behalf of a public authority, they will not be held personally liable for a breach of the ban. Only public authorities can breach the ban.
Cases where this definition may apply to a single individual will be limited to where that individual is themselves a public authority. An example of such a case would be a Secretary of State. In this example, the Secretary of State would only be in scope of the Bill when acting as Secretary of State – and not when acting in their personal capacity.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Cabinet Office:
To ask His Majesty's Government what is their definition of "public body" for the purposes of the Economic Activity of Public Bodies (Overseas Matters) Bill; and whether this definition includes arts organisations.
Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)
The Bill applies to a broad range of public bodies to protect community cohesion and ensure a consistent approach to foreign policy. Specifically, the Bill applies to public authorities, as defined in section 6 of the Human Rights Act 1998. Bodies should already be aware if they are bound by section 6 of the Human Rights Act 1998 as this legislation has been on the statute book for 25 years and places wide-ranging obligations on them.
The definition may include some arts organisations such as some museums and galleries in receipt of significant public funding when they are undertaking certain public functions. As with any general definition in legislation, there are instances where the application of a definition depends on the specific facts of a case and it is ultimately for the courts to decide.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Cabinet Office:
To ask Her Majesty's Government, further to the Written Answer by Lord True on 22 February (HL13057), when they expect to announce the first meetings of the committees established under the UK–EU Trade and Cooperation Agreement; and what representations the UK has made to the EU to establish these meetings.
Answered by Lord Frost
The dates of the first meetings of the committees established under the UK - EU Trade and Cooperation Agreement have not yet been agreed with the EU. These bodies, including the Partnership Council, will begin their work formally once the Agreement has been ratified - unless there are essential decisions which cannot be deferred. We look forward to a positive and constructive relationship with the EU, allowing businesses and citizens on both sides of the channel to prosper.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Cabinet Office:
To ask Her Majesty's Government what plans they have to discuss concerns over reciprocal arrangements for touring musicians at the next meeting of the EU–UK Joint Committee.
Answered by Lord True - Leader of the House of Lords and Lord Privy Seal
The arrangements for touring musicians between the UK and the EU relate to the Trade and Cooperation Agreement, and so would not be raised at the Withdrawal Agreement Joint Committee.
The date of the first meetings of the committees set up under the Trade and Cooperation Agreement will be announced in due course, when we have agreed with the EU.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Cabinet Office:
To ask Her Majesty's Government, further to the answer by Lord True on 21 October (HL Deb, col 1538), whether their offer on mode 4 includes expanding the list of permitted activities to enable musicians' performing and touring activities.
Answered by Lord True - Leader of the House of Lords and Lord Privy Seal
The Government is currently negotiating commitments with EU member states on ‘Mode 4’. A reciprocal agreement based on best precedence would mean that UK citizens will be able to undertake some business activities in EU member states without a work permit, on a short-term basis. The precise details, including range of activities, documentation needed, and the time limit, are under negotiation.
The Government recognises the importance of touring for UK musicians and appreciates the significant contribution of the UK music industry.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Cabinet Office:
To ask Her Majesty's Government what steps they are taking to ensure that a future agreement with the EU on mode 4 (temporary entry for business purposes) is extended under a free trade agreement to enable touring musicians, their crew, technical staff and entourage to travel between the UK and the EU for short periods of time.
Answered by Lord True - Leader of the House of Lords and Lord Privy Seal
I refer the Noble Lord to the answer given to HL5418 on 22 June 2020.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Cabinet Office:
To ask Her Majesty’s Government what progress they have made in renegotiating their agreement with the Copyright Licensing Agency; and in doing so, what consideration is being given to providing efficiencies to the public purse, through means such as obtaining a pan-government licence.
Answered by Lord Young of Cookham
The Cabinet Office currently coordinates the purchase of a cross-government copyright licence on behalf of departments and is considering a proposal from the Copyright Licence Agency.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Cabinet Office:
To ask Her Majesty’s Government whether grants administered by the Arts Council will be exempted from new Cabinet Office guidelines that no government grants may be used to lobby.
Answered by Lord Bridges of Headley
As the Minister for the Cabinet Office the Rt Hon Matthew Hancock made clear on 27 April, we are committed to protecting taxpayers' money from being wasted on government lobbying government. We are pausing the implementation of this clause into grant agreements, pending a review of the representations made.