Levelling-up and Regeneration Bill

Baroness Jones of Moulsecoomb Excerpts

Committee stage
Tuesday 18th April 2023 Lords Chamber

[The Earl of Caithness (Con)]

My Lords, I will take this opportunity to speak to my Amendments 270A and 270B, which are amendments to the amendment just spoken to by the noble Baroness. I added wildfires because it is an area of increasing concern to which the Government at the moment are not paying enough attention. They are not the only Government in the world who do not pay enough attention to it, but I think we have fallen into the habit of thinking that we are a wet country and have a lot of south-westerly winds and get deluges of rain—and we look at the flooding. However, the other side of that coin is the question of wildfires.

We are not the only country in this position. Portugal is a country that gets considerable downpours and the Atlantic winds but suffers the highest rate of wildfires in Europe. We are in a position where it could be our turn next. It is therefore very important that the Government get their act together now in anticipation of what is coming, because we have no comprehension of the size of the coming inferno.

Some in the House may ask why we are talking about wildfires, as they happen only on peatland up in Caithness or on the North York Moors or at Saddleworth. No, my Lords: last year on 19 July, the London Fire Brigade had its busiest day since World War II because of wildfires within London. It was the occupation of all those fire engines which must cause concern, because those fire engines were then not attending to other duties. There is a compounding effect from the damage that wildfires can do. I thought it appropriate to add this to the amendment because of its importance.

It is also worth bearing in mind that, just as with flooding, with wildfires you do not know the true cost for some weeks, months or years after the event, because it affects people in different ways. If one goes back to the Saddleworth Moor fire, 4.5 million people were affected by PM2.5 or less. That is a huge number, and it degrades the life of those people who have been affected. When you transfer that to the much more urban area of east London, again the situation is compounded.

I ask my noble friend what the Home Office is actually doing on this. It is the lead department under the Wildfire Framework for England, but the Home Office did not turn up to a workshop with the Climate Change Committee in January this year, when the other government departments did, as well as the Scots, the Welsh and COBRA. It was hugely important that the lead government department was at that workshop, but it was not there. Is the Home Office fit to continue its role as lead in this area? Why did the Home Office not attend that workshop? Why has it not updated the Wildfire Framework for England, which was due to be updated last year—and we are now in April? This is not a sign of a Government who are concerned about this problem and showing a lead. I hope my noble friend will be able to give me some answers.

The year 2022 was a wake-up call for us all in the number of wildfires as a result of manmade climate change. That needs to be addressed, and I hope that my noble friend can help us with some answers on that.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I shall speak to the amendments in the name of my noble friend Lady Bennett, and in mine. It is such a pleasure to hear the words “manmade climate change” coming from the government Benches. It is a real pleasure, because when I first came here in 2013, I was the only person talking about it, so thank you everybody who has mentioned it today.

I support quite a lot of the amendments in this group, but I am slightly concerned about the amendments of the noble Lord, Lord Lansley, and perhaps he would like to clarify. It looks as if his amendments would prevent a spatial plan or a local plan from targeting net-zero carbon emissions earlier than 2050. It is not enough to achieve it by 2050; we must make sure that it is done incrementally, not all at the last moment. That would create problems for, for example, the Green-led Stroud District Council, which is targeting achieving net zero by 2030. It would be madness to try to delay anything like that. I am not sure if that is the intention, but I would like to know. Sorry, does the noble Lord want to answer me now, before I have finished?

[Lord Lansley (Con)]

I just want to say that my purpose was to incorporate into the legislation what are existing statutory obligations on local authorities. That would not constrain them from planning for something more ambitious.

[Baroness Jones of Moulsecoomb (GP)]

I thank the noble Lord; ambitious is good.

On Amendment 226, we need to define “mitigation” and “adaptation” in relation to the Climate Change Act 2008, because that Act’s target is again 2050, and we cannot risk any council plans that seek to achieve net zero sooner.

Moving on to hedgehogs, I think that everyone that I have mentioned this to today is so supportive of holes in fences and hedges for hedgehogs. I am really pleased about that because hedgehogs are an indicator species, which means that we can monitor what is going on with other ecosystems because of hedgehogs. If they become rare or even extinct, it will be harder to track damage to ecosystems and the environment. They indicate the health of the environment and of nature as a whole. The State of Britain’s Hedgehogs 2022 report found that numbers are down in rural areas by between 30% and 75% since 2000. Clearly, we have a problem here. Globally, hedgehogs are of least concern, but here in the UK the population is now classed as vulnerable. Therefore, I beg everybody to support this tiny but important amendment.

On Amendment 273, in the name of my noble friend Lady Bennett, I am delighted that it is being supported by Labour, which has an amendment to that amendment. I personally have been talking about this since I was elected in 2000, and I do not know why it is still not understood. All buildings have a carbon content and when you destroy them, when you knock them down and throw the debris away, you are wasting carbon and you are then generating more carbon by replacing them, so, please, something along these lines must go into this Bill. I do not understand why the Government have not woken up to that yet.

On my Amendment 293, I really wish I had put something in, after the hedgehogs, about swift habitats. There are real concerns about the swift population in Britain. Obviously, preserving and enhancing habitat has a big impact on all birds, but particularly swifts. They arrive in the UK during the summer, lay their eggs and incubate them here. They like to live within houses and churches, and they need spaces to get into nesting sites. A lot of developers are now using swift bricks with little holes, which allow swifts spacious housing very safely within houses. Also, we can retrospectively put swift boxes up, which can do the same. Swifts play a crucial role in controlling insect pests, for example, so we need to support them. Numbers have plummeted, with a 53% decline since 2016, which is very disturbing. The Labour council in Ealing is doing its best to develop a site that has got a lot of swift habitats, so I would be grateful if any noble Lords who know anyone on Ealing Council could point out to them how destructive this is and that they should not be developing an area which swifts desperately need in London.

Of course, you need ecological surveys. Most noble Lords here care about nature, and if you do not know what nature is there, then you do not know whether you will disturb it or damage it in any way. A survey is basic to everything that is part of development of any kind. I thank your Lordships for listening.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I declare my interest as a vice-president of the LGA. I apologise for my late arrival at this debate, and for missing some of the comments of the noble Lord, Lord Lansley.

I wish to speak in support of Amendment 293 in the name of the noble Baroness, Lady Jones of Moulsecoomb, to which I have added my name. The noble Baroness, Lady Jones, introduced her amendment clearly. I fully support the introduction of ecological surveys taking place prior to planning applications being submitted, and mitigating measures taking place. Having been a member of a county council for 20 years and a district council for 10 years, I am only too well aware that the information provided to councillors taking planning decisions is often very sketchy and sometimes non-existent. Proposed new subsection (2)(a), (b) and (c) is extremely important to ensuring success in preserving vulnerable species of both animals and plant. Proposed new subsection (2)(d) should be absolutely the last resort: offsite mitigation should be avoided at all costs, and considered only after all other avenues for mitigation onsite have been exhausted.

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[Baroness Bloomfield of Hinton Waldrist (Con)]

Since this is a Defra lead, I will commit to write to my noble friend and share the answer with the rest of the Committee.

Amendment 504D, tabled by the noble Baroness, Lady Hayman of Ullock, addresses the need for transparency when decisions are being made against the advice of the Environment Agency, which provides important expert advice on matters relating to flood risk. I reassure noble Lords that its advice is taken very seriously. In July 2021, Defra published the findings of a review of planning applications in which the Environment Agency commented on flood risk. It showed that, from 2019 to 2020, 95.4% of these planning decisions were made in accordance with the Environment Agency advice.

Where there is a difference of view, existing powers in the Town and Country Planning Act enable the Secretary of State to issue directions to local planning authorities restricting the grant of planning permission or to consult with such authorities as may be prescribed before a decision is made. Our consultation direction requires that local planning authorities consult the Secretary of State where they intend to grant planning permission for major development in a flood risk area to which the Environment Agency has made an objection that it has not been able to withdraw, even after discussions with the local planning authority.

Local planning authorities are also required to publish all their planning applications and decisions on their planning register. This includes representations where a government department or an agency such as the Environment Agency has expressed the view that the permission should not be granted as it is unacceptable or should be granted subject to conditions to ensure that the development is acceptable.

As part of our digital agenda, we want to ensure that these decisions become more accessible so that it is easier for all to identify where development is coming forward against advice, whether that be the Environment Agency, the Health and Safety Executive or a local highway authority. We believe that this is best addressed through open access to data rather than further statutory obligations to produce reports.

Lastly, the noble Baroness, Lady Bakewell of Hardington Mandeville, asked about planning fees. We are not changing fees through this Bill, but we are consulting on proposals to increase planning fees to ensure that local planning authorities are properly resourced to improve speed and the quality of their decisions.

I hope that, with these reassurances that I have been able to give today, my noble friend Lord Lansley will feel able to withdraw his amendment.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I know this is the standard format—we put forward improvements and the Government bat them away, saying “It is all under control. Do not worry about it. We are dealing with this”. But it is clear that there are huge problems within the planning system that some of our amendments would fix, and I do not understand how the Government can be so complacent about rejecting these. I know that this is the convention, but surely somebody somewhere in the Government is looking at these and thinking they are not such bad ideas.

[Baroness Bloomfield of Hinton Waldrist (Con)]

Of course the Government are doing that, but we have to consider everything in the round, and we are doing a huge amount through the Environment Act and other legislation in order to allay some of the concerns that have been voiced today in the Committee.

[The Earl of Caithness (Con)]

My Lords, before I come back to my Amendments 270A and 270B, and Amendment 270 in the name of the noble Baroness, Lady Hayman of Ullock, I need to correct one small thing that the noble Baroness, Lady Jones of Moulsecoomb, said. The noble Baroness said that she was the only person talking about manmade climate change and that made me giggle—I was talking in this House about manmade climate change before she even joined the Green Party, when I was a Minister for the Countryside.

[Baroness Jones of Moulsecoomb (GP)]

I dispute that, but I do admit that I overstated the case. It was a struggle, and it still is a struggle, but I would like to know which date the noble Earl is using for that.

[The Earl of Caithness (Con)]

I knew that would get a rise out of the noble Baroness.

Coming back to my amendments, I think my noble friend said that there was legislation already on the statute book to cope with the situation. Why is that legislation not being utilised and implemented? One of the key factors with wildfire is fuel load, and we are now learning more about fuel load and wildfires that we did not know before in the legislation that she made reference to. We know that at the moment we have got fires occurring in this country that the fire and rescue services cannot cope with because of the fuel load within the fire itself. What are the local authorities doing about that? If they have got the powers, why are they not using them? Why has the Climate Change Committee, in its latest report to Parliament, stressed the need for, and asked the Home Office to create and implement, a strategy to identify and mitigate the risks of wildfire? My noble friend did not answer the question I asked her about the Home Office earlier. Can she now answer these questions?

Levelling-up and Regeneration Bill

Baroness Jones of Moulsecoomb Excerpts

Committee stage
Wednesday 22nd March 2023 Lords Chamber

There is simply too much scope for inconsistency in the current system. This is a critical decade, as was pointed out in the IPCC report this week. The Government have to be clear that all developments must have at their heart a special regard—a legal regard—to the need to contribute towards net zero. This net-zero test will shift us closer to climate-positive and nature-positive development. I hope the Minister will agree.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I think we all know that the planning system does not function very well at the moment. It has become more and more complex over the decades, and is now a morass of rules that many of us do not understand. The Bill is an opportunity for a lot of things, but it is an opportunity to put that right and make sure that, as other noble Lords have said, the planning process actually works for people, residents and communities and is not just made up of rules that make no sense anymore. We can use it to make sustainable, healthy communities—why on earth would anybody disagree with that?

I know that some people deny that climate change is happening, and I am sure there are some who think that the IPCC report is not worth taking into serious consideration. But, of course, a lot of people in Britain are incredibly anxious. As we have seen, houses are still being built on flood plains and in ludicrous places where they will be damaged and probably will not be able to get insurance.

One of the lessons from Covid was that people do better when they are out in nature, so we need to include green spaces and that sort of environment to allow people to exercise, walk, and be with their dogs and their children.

One of the things I found when I was on a local planning committee when I was a councillor—for four very long and hard years—is that the officers abide by the rules. You can be as green as you like as a councillor, but that comes to absolutely nothing if you run up against the rules. Officers know the rules, and they insist that we act by them, so we need strong rules and good clear guidance.

In the other place at the moment, a former Prime Minister is struggling to keep his temper, apparently, as he discusses rules and guidance, what he knew and did not know, and so on. We should not do what we did during Covid and have a whole collection of quite confused rules, guidance, recommendations and even advice. We should make this clear and make the planning system fit for the sort of country we want to be.

Of course, if we want to take pressure off the National Health Service, we should be thinking about everybody’s well-being and about how everybody lives. At the moment, the planning system is not fit for purpose. I completely support all these amendments and agree with everything that has been said so far.

Counsellors of State Bill [HL]

Baroness Jones of Moulsecoomb Excerpts

2nd reading
Monday 21st November 2022 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I usually have strong opinions on almost everything but, I must say, I could not care less about this particular Bill.

We have a system of government that is ridiculous and crazy. It was originally based on the concept that “might is right”, with which I fundamentally disagree. It just seems ridiculous that we still have that system here. We are not a democracy. We do not have any sort of sensible system; I include in that not having proportional representation and still having an appointed House of Lords, even though I am appointed myself.

Honestly, this Bill is so inconsequential to the lives of most people who are struggling to live and work at the moment. Of course the Royal Family works hard, but so do nurses and street cleaners. Please could we give those people some credit as well? I am sorry to strike a sour note, but we should be discussing things that matter, not things such as this that matter to a tiny number of people.

The third paragraph of the Library briefing states:

“There is no provision for making anyone else a counsellor of state.”


I wonder whether we are breaking the law; I do not quite understand what that means. Perhaps the Leader of the House could explain why there is no such provision.

From my point of view, the sooner we have a Scandinavian-style monarchy, the better.

COP 27

Baroness Jones of Moulsecoomb Excerpts

Tuesday 15th November 2022 Lords Chamber

[Lord True (Con)]

My Lords, on the ODA budget, my right honourable friend the Prime Minister has made it very clear that he wishes to see a return to 0.7% as the target for overseas aid. That remains the position of the Government. As far as specific action and lines of finance are concerned, I am not in a position to say anything at the Dispatch Box. Again, I will contact the right reverend Prelate, but I remind the House that we are a world leader in development support. We spent more than £11 billion on overseas development aid in 2021. We remain committed to the International Development (Official Development Assistance Target) Act 2015 and to spending 0.7% of GNI once the fiscal situation allows. That has been made clear from the top of the Government.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the Minister mentioned energy security. Let us remember that this Government have had 12 years to develop some sort of plan for that. My question is: we still do not have enough legislation referring back to the policy that was decided in Glasgow, so are we going to see some legislation on the promises the Government made then and, perhaps, more legislation on the promises they are going to make in Sharm el-Sheikh?

[Lord True (Con)]

My Lords, obviously there is energy legislation before your Lordships’ House. I remind the noble Baroness, whom I thank for the jam—

[Baroness Jones of Moulsecoomb (GP)]

It was a bribe!

[Lord True (Con)]

—that the United Kingdom was the first major economy to commit to a legally binding target of achieving net zero by 2050. That is the law of the land and we remain fully behind it. Again, the noble Baroness implies that not much has been done. Actually, we cut our emissions by over 44% between 1990 and 2019, and that is faster than any other G7 country. We have also set into law the world’s most ambitious 2035 climate change target. So let us seek to achieve those ambitious targets, and we will continue to accelerate the production of clean energy such as nuclear, wind and solar.

Restoration and Renewal

Baroness Jones of Moulsecoomb Excerpts

Wednesday 13th July 2022 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I have some sympathy with the noble Lord, Lord Mann. I too would like an answer on the corporate manslaughter issue.

This is a ridiculous building. I speak as a former archaeologist of prehistory. It is modern Victorian kitsch. I do not understand why we hold it in such reverence, particularly now that it is falling apart. I have a lot of respect for the past, but I also respect what it teaches us, which is that things do not and cannot stay the same for ever. Societies, organisations and governments move on, develop and become quite different. I realise that that is unwelcome news for some, but over the millennia we have seen systems rise and fall, however powerful and stable they appear. We certainly cannot say that about our system: we look as though we are letting democracy slip through our fingers. Systems fall, however stable, however powerful, and we need some drastic changes. I support the Motion—I see no alternative—and the amendment tabled by the noble Lord, Lord Blunkett. I regret that it is even necessary to table it, and that it is not simply obvious.

Like the noble Lord, Lord Best, I visited the basement and was absolutely horrified by it. I took a lot of photographs, and one thing I noticed was that quite substantial waterpipes had rusted through completely at the bottom and had been bound up with gaffer tape so that they could still push water through. They were running over electrical wires, telephone equipment and so on, which was absolutely horrifying. This is a disaster waiting to happen.

Therefore, of course we must fix this building, and as soon as possible. We are in a dangerous situation. This has been put off for long enough, and a full decant is the only option. It is interesting to think that the pandemic was a full two years we could have taken advantage of to fix things here. We need some creative thinking. I also agree that moving our Parliament to another city much further north is a very good idea. It would be very healthy for democracy in our country. However, I accept that it is not going to happen.

We did test remote electronic voting, however, which is quite modern, and we did better than the House of Commons. Yet somehow, we have gone back on that because other people think it terribly important to mix and give each other Covid or flu in the corridors. Well, I admit that those machines work extremely well. Remote voting might be the way forward for other circumstances.

This is a very adversarial way to run a Government. I do not know if it is true that the Front Benches are slightly more than two swords’ length apart so that people could not kill each other when they got annoyed at what was being said. I was elected to the London Assembly, which had a horseshoe shape. That worked much better and was much better for co-operation. Your Lordships’ House does co-operate: by and large it is extremely generous and kind to people who have different views, but this Chamber is not conducive to anything except an adversarial situation. A horseshoe shape is used in Edinburgh as well. I am not sure whether that does help co-operation up there, but it could. I, too, think that we could turn this place into a museum. We could get some very beautiful artefacts in here and make it much more of a destination than it is at the moment.

I do not expect these ideas to be taken up, but we must widen our expectations of what government is and what it can be, and what suits our modern, global ideas of democracy. I do not want us to stagnate and collapse, as earlier civilisations did. Yes, please let us get on with it. Please let us not have more and more debates and more and more delays.

Elections Bill

Baroness Jones of Moulsecoomb Excerpts

Lords Hansard - Part 1 & Committee stage
Monday 28th March 2022 Lords Chamber

[Lord Cormack (Con)]

My Lords, I generally agree with the noble Lord, Lord Dubs. He makes some extremely powerful speeches in this House and when he is talking about refugees, I am generally 100% behind him. But I do oppose this amendment, and I oppose it for one simple reason that I will put before your Lordships very briefly: we do not have the vote because we are permanent Members of Parliament. It is as simple as that. United States Senators are not permanent members of the Senate: they come up for re-election on a rotating basis every six years. We do not.

There is another argument to be had. I am personally—and your Lordships know this—in favour of a non-elected second Chamber. I am in favour of that for many reasons, including the gridlock that would inevitably emerge if there were two elected Chambers. But that is not what we are debating this afternoon. We are permanent Members, we are here, and it is for that reason and that reason only that we do not vote for the other House: because we have this permanent responsibility. Whatever the result of the next general election—in 2024, 2023 or whenever it happens—we will still come back here. That is the reason why it is illogical and unnecessary to argue that we should have a vote in general elections. It would make absolutely no difference to the result, because even if everybody in your Lordships’ House cast a vote around the country, you are talking about significantly fewer than 1,000 votes—I wish we were talking of no more than 600 but that, again, is another issue.

So, I hope we can move on quickly and stick with the Bill in this particular phase as it is. Like others, I send my warm good wishes for the speedy recovery of my noble friend Lord True, and I assure my noble friend Lord Howe that he has my total support on this issue.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I came into this Chamber absolutely not caring about the outcome of this—I was waiting for subsequent groups. But actually, having heard both speeches, I totally agree with the noble Lord, Lord Dubs. In spite of all the respect and affection I have for the noble Lord, Lord Cormack, I cannot see that what he said makes any difference at all. So what if we are permanent? We come and go, we do not always survive very long here, we can retire or die, so I do not see the relevance of what he is saying. And, of course, he pointed out that if we all voted it would not make any difference. We all have our views and we all vote in other ways in other elections, so I salute the noble Lord, Lord Dubs, for his thorough examination of this problem and I completely support him. I had never given it a thought before—I had not minded about not voting, but now I do.

[Lord Horam (Con)]

My Lords, I am sure we all hope that the noble Baroness, Lady Jones, lasts for a long time in this House. She is a great asset to this place, particularly given the brevity and pointedness of her speeches. I have to say that I agree with my noble friend Lord Cormack, because there is no doubt that he is constitutionally absolutely correct—and he has the better argument.

However, the noble Lord, Lord Dubs, hit firmly on one point in his speech: in the registration document which we all have to fill in to vote in local elections and so forth, often, there is no category for “Lord”, “Lady” or “Baroness”. I do not know what other Members’ experience has been, but I had some difficulty, living in Hammersmith and Fulham, filling this in. I rang up the registration office and said, “I can’t vote in national elections—are you aware of this?” They said, “There is no category on the computer that allows for this, so we will have to put you down and just rely on your native honesty that you do not actually vote”. Well, I can assure the House that I am an honest person, as are all its Members. None the less, there is a discrepancy and a difficulty here, and I hope the Minister can draw it to the attention of others.

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[Earl Howe (Con)]

My Lords, this amendment from the noble Lord, Lord Dubs, who is joined on the Marshalled List by my noble friend Lord Naseby, brings us to a topic on which each of them has tested government policy on a number of occasions in the past, including, as I recall and as the noble Lord, Lord Dubs, mentioned, through my noble friend’s Private Member’s Bill in 2019. On the latter occasion, my noble friend Lord Young of Cookham set out the Government’s response, and I therefore hope it will not come as a shock to the noble Lord, Lord Dubs, that my response today bears an uncanny resemblance to the one given to the House previously.

I understand and respect the case that noble Lords have articulated on this issue. However, I am afraid it is not a case I can accept, and the reason is clear and straightforward and was well articulated by my noble friend Lord Cormack. Noble Lords will be aware that although, as the noble Lord, Lord Collins, rightly said, the role of this House has changed over time, our place in Parliament still gives us a position of influence not held by other citizens. My noble friend Lord Sherbourne asked what the downside would be of accepting the amendment. Enfranchising noble Lords to vote in general elections would give Peers two ways of being represented in Parliament. Members of this House have an opportunity to debate and vote on legislation. To provide a vote for Peers in UK parliamentary elections would undermine the principle that all citizens are equally represented in politics.

[Baroness Jones of Moulsecoomb (GP)]

Is that not true of MPs? Why should they be allowed to vote? They have two grabs.

[Earl Howe (Con)]

When Parliament is prorogued for a general election, MPs cease to be Members of Parliament. They therefore become ordinary voters, if I can put it that way.

In our democracy, everyone should have a voice, but the Government’s view is that Peers who are Members of this House have that by virtue of their participation in this Chamber. That principle has been upheld for more than 300 years, including by the courts. It has not altered over successive Governments: in fact, in the debate on his Private Member’s Bill nearly three years ago, my noble friend Lord Young reminded the House that, as recently as 1999, Section 3 of the House of Lords Act explicitly enfranchised hereditary Peers who are not Members of this House and disfranchised Peers who are.

The noble Baroness, Lady Quin, asked whether Peers who have retired from this House have the right to vote. My understanding is that they do, because they ceased to be parliamentary Peers at that point.

The noble Lord, Lord Redesdale, asked about the cost of taking parliamentary Peers off the register. I doubt that that cost has been computed by anybody—of course, there must be a cost—but it is a very considerable privilege that we as Peers have, and I for one would argue that it is not unreasonable for that privilege to carry a public cost.

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[Lord Cormack (Con)]

The noble Lord cannot get away with that. When Parliament is dissolved, as distinct from being prorogued, the House of Commons does not exist and everyone must seek election or re-election to it. As the noble Lord knows only too well, there are occasions when Members of Parliament lose their seats—so of course it is right that they should have a vote for somebody in Parliament when there is no House of Commons. He is really not giving the argument the justice it deserves.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the noble Lord, Lord Grocott, has just informed me that MPs are paid during Prorogation. So even when they vote in a general election, they are in fact still being paid as MPs.

[Lord Sherbourne of Didsbury (Con)]

I just want to say to my noble friend Lord Cormack that, if a Member of Parliament is in a constituency that they do not represent but is on the register, they can vote for that constituency in a by-election even though they are still an MP.

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I would of course be very happy to discuss all these amendments and all the relevant issues with Ministers between Committee and Report stages.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I congratulate the noble Lord, Lord Clement-Jones, on an extremely full exposition of his amendments, which makes me almost superfluous but I will add something anyway. The Minister is leaving, but I just say to him that the Government appear to want to get this excruciatingly poor Bill through before Prorogation. If they are going to do that, will they please accept some of the more sensible amendments so that the Bill contains some useful stuff that we can all use as politicians to make the whole process much fairer? The growing complexity of digital marketing makes online campaigning a major battleground for political dirty tricks; we all want to avoid that.

In 2019, political parties used data from Experian Marketing Services and Facebook to target specific campaign messages to individual voters. They also used Facebook services that allow advertisers to find customers similar to an existing group of customers. This allows targeting by age, location, interests, likes and a whole host of other personal data. The big risk of this, of course, is that political parties can promise anything to all people in a way that they could not before. We have politicians lying to our faces—the Prime Minister stands up and lies at the Dispatch Box. We all see him doing it; some of care and a lot of us do not. We can see it; it is happening. Now, however, there is an industry that would allow politicians to target their distortions of the truth on specific groups of people. The same candidate could target Brexit supporters with a pro-Brexit message, remain supporters with an anti-Brexit message and everyone else with a message saying that Brexit is a waste of time and we should all be getting on with more important things.

The threat to the integrity of our democracy is obvious; this is something we really do have to tackle. We need to move on with the times and be a bit more modern about accepting that we have a problem. There is a real risk that whichever party uses dodgy digital marketing in the most egregious and misleading ways will be most likely to win an election. We are at risk of a digital arms race in which truth and integrity are impediments to getting elected. I urge the Government to pick up at least some of these amendments, which would make our whole political system much clearer, cleaner and fairer.

[Baroness Wheatcroft (CB)]

My Lords, I support these amendments, so comprehensively introduced by the noble Lord, Lord Clement-Jones, in particular Amendment 194B. It is clearly right that overseas actors should be specifically banned from interfering in our political process and publishing propaganda online. It is relatively easy for them to do that.

Clause 39 imposes a duty on those publishing election-related material to make clear the source of that material. The noble Lord, Lord Clement-Jones, has made clear that this is a loophole big enough for most people to get through; it is simply not enough. It would be naive in the extreme to assume that those who wish to influence our elections are not wily enough to circumvent these sorts of stipulations, and neither are they likely to be put off doing so by the fact that they would be breaking British law, as Amendment 194B would insist.

The bots that churned out online propaganda ahead of the referendum amounted to interference in our electoral process on an industrial scale. We cannot say categorically whether they affected the result, but we know they tried. Yet the Government have neither investigated what happened nor done anything that we can see to prevent such online terrorism. As the noble Lord, Lord Clement-Jones, put it, “So far, so vague”.

As others have mentioned, the Russia report from the Intelligence and Security Committee was highly critical of the Government’s failure to examine what had happened and to take action, yet the Government continue to resist anything tangible. That is why a cross-party group of MPs and Peers, of which I am one, has filed a legal action to try to force our Government to investigate and protect the integrity of our electoral system. That action has today been filed with the European Court of Justice. It will, of course, take a while before it produces anything, and I hope that in the meantime the Government take action that would render such legal action—to prompt them into doing what they should do—unnecessary.

Does the Minister believe that Clause 39, even with this amendment, will prevent malign interference in the UK’s electoral process? Does he really believe that what is being done quietly is having any effect at all? Does he not think that the time has come, if the Government are taking real action, for us to be told about it and for the need for it to be enshrined in law?

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

My Lords, I thank the noble Lord, Lord Clement-Jones, for a very thorough piece of scrutiny of this part of the Bill. I think it would be useful if between now and Report we had a meeting with him and other interested parties to discuss this further and also address some of his very in-depth speech that I will not answer this evening because we might be here all night. We will get answers to him very quickly so that we can discuss them when we have that meeting.

The noble Lord, Lord Mann, and many others are right: this is fast moving. What we see today is probably not what we will see in five years’ time, and we need to future- proof. I think we all understand that.

There were some very specific questions that I will answer upfront because that will give some context to what else I am going to say. First, on digital imprints, it is important that “reasonably practicable” is understood. It should be read as commonly understood; “reasonably practicable” is commonly understood. The Electoral Commission and the police will need to interpret this phrase in context in the course of their enforcement of the Bill. The statutory guidance will provide further details on the location of this imprint and what is required. There will be further guidance on this.

A number of noble Lords spoke about the Intelligence and Security Committee and said that political adverts should include an imprint. The Government’s digital imprint regime delivers the ICS’s recommendation to introduce a requirement to add an imprint on digital paid-for political advertising. As digital campaigning is not confined to election periods or geographical boundaries, the regime is intended to apply all year round, UK-wide, and regardless of where in the world content is promoted from. Following a conviction or a civil sanction, the courts can make an order or the Electoral Commission may issue a notice to anyone, including social media companies, requiring them to remove or disable access to infringed content. Failure to comply with a notice or order would be a criminal offence.

The noble Baroness, Lady Jones of Moulsecoomb, brought up the issue of targeting messages. Targeting messages at voters is a legitimate activity that allows campaigners to maximise their resources and target their message at the right audience. All campaigners must comply with direct marketing and data protection laws when using personal data in their campaigning, but it is a legal activity.

[Baroness Jones of Moulsecoomb (GP)]

This is about transparency, so that the public can know that somebody is saying different things in different places—that is all.

[Baroness Scott of Bybrook (Con)]

Understood. Listening to the debate, two words have come out, and we will reflect those. One is “safeguarding”, and one is “transparency”, as the noble Baroness has just said. Those two things are important as we move forward with the Bill.

The provisions in Part 6 of the Elections Bill will introduce one of the most comprehensive “digital imprint” regimes operating in the world today; that is the positive thing. However, it is crucial to take a proportionate approach to the scope and application of the regime to ensure that it is enforceable and to avoid stifling political debate. It is for this reason that the Government do not support the noble Lord’s amendments, as we consider that they would introduce unreasonable burdens on campaigners and therefore risk restricting freedom of expression.

Due to the way some digital platforms are designed, it will not always be practical to display the imprint as part of the material itself—for example, in a text- based tweet where there is a strict character limit. Amendment 180A would not give campaigners the much-needed level of flexibility and therefore risks unreasonably hampering their ability to campaign on particular digital platforms. I have listened to the points made about new technology coming out; it is important that we keep an eye on that, so that if that is possible in the future—

Health and Care Bill

Baroness Jones of Moulsecoomb Excerpts

Lords Hansard _ Part 1 & Report stage
Wednesday 16th March 2022 Lords Chamber

[Baroness Finlay of Llandaff (CB)]

My Lords, I feel I have to remind the House that we have had 95 hours of debate in recent years on this topic; and the implication that we have not debated this is a misrepresentation. The noble Lord, Lord Forsyth, has asked us not to talk about assisted dying but then actually did talk about some aspects. We are being asked to test the willingness in both Houses, but I remind the House that the Marris Bill started in the Commons, was debated there and was defeated there by 330 votes to 118. That is where a Bill like this should start.

It is true that, historically, there have been major changes. Those have been in Bills that started in the House of Commons, when the public understood what they were about. The public knew what capital punishment was, and they know what homosexuality is. These Bills started in the elected House, and they then came to this Chamber. That has been our procedure.

I would, though, like to challenge the claim that there is overwhelming support among the public. I think it is questionable. In the poll, when asked a bit more detail, 57% of the public did not understand what assisted dying is; 42% think it is your right to stop treatment, which is already a legal right; and 10% think it is hospice care. Dignity in Dying has said it wants to have the largest record of public support, yet to date it has less than 0.5% of the population of England and Wales signed up to this list. So I do think we have to look at some of the claims being made and think about them.

Whatever noble Lords think about assisted suicide and euthanasia, this amendment would set a dangerous constitutional precedent for any Government. It is surprising that the noble Lord, Lord Forsyth, with his deep respect for parliamentary processes and Governments being able to govern, has taken this approach, because this amendment would set a precedent enabling any Back-Bencher from any pressure group to disrupt a Government’s agenda. Does the noble Lord plan to bring judicial proceedings if his proposal is not tabled in a year? That is the criterion in the text of his amendment. A draft Bill leads to a Bill, assuming and forcing government support, before exploring evidence of the complexities of licensing doctors to provide lethal drugs.

We do indeed already have a Bill before us, and it is awaiting debate. The amendments laid are not vexatious. Based on the extensive evidence from abroad, they expose the problems with the proposals from the noble Baroness, Lady Meacher. Where assisted dying is legal, palliative care has dwindled, legislation has widened, the safeguards have been seen to fail, and non-assisted violent suicide rates rise disproportionately. Post-event reporting, as in her Bill, does not work because it relies on the clinician. I could go on, but I will not.

Yet surprisingly, no request was made for Committee until months after Second Reading, and no one seems to have sought to discuss the amendments that have been widely criticised by those who have spoken today. Some Members openly want the prognosis requirement to be dropped from the Bill to make legal drugs available on request. We have to at least know what the content of the Bill is even before we proceed. An 18 year-old with severe anorexia is already eligible under the Bill that is currently before the House. The answer to harrowing accounts of inadequate care is not to force the Government to draft a Bill that would allow doctors to supply massive overdoses of unevaluated lethal drugs to patients. Good, holistic, palliative care has been made a right in this Bill by this Government, and people should ask for it and insist on it.

This amendment is not the way to seek a careful analysis of the complexities of assisted suicide and euthanasia. It creates a constitutional headache for any future Government’s ability to govern. The procedure is to debate a Private Member’s Bill properly in Committee; and that Private Member’s Bill should start in the elected House.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I hate to disagree with the noble Lords who have spoken against this amendment, almost as much as I loathe supporting the noble Lord, Lord Forsyth, on anything. But, for me, this is a matter of democracy. Public opinion is constantly moving on this, and it becomes more and more supportive as the public understand the issues involved. It is partly the duty of the Government to explain exactly what it is about. Having a proper debate like this is something we should all support.

Personally, I want this on the statute book before I need it. I have five grandchildren, and I try to talk them all into pushing me over a cliff if I were to get too ill. As soon as their mothers told them that it was illegal, they refused me. The idea remains that this is something which many of us want for ourselves, because we fear being incapable. Therefore, I support Amendment 170.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I would like to put a point to the noble Lord, Lord Forsyth. He said that his amendment simply provides time for Parliament to consider an assisted dying Bill. I note that proposed new subsection (2)(a) also says that the Secretary of State should

“respect that this is a matter of conscience”.

But a draft Bill is a draft Bill. It will be prepared by a government department; instructions will be given by solicitors, after consultation with Ministers, to parliamentary counsel; and that Bill will eventually be approved by Ministers in the relevant department and put before Parliament. There will be a Minister in charge of the Bill. Whatever mechanism is chosen—maybe a Joint Select Committee of both Houses—to consider the draft legislation, the Minister will be in charge and will be seen by the public to be driving through a Bill. If the noble Lord had said in his amendment that more time should be given for the Private Member’s Bill, I would have supported it. Businesses managers clearly need to take account of the obvious wish of this House to have more time to debate it—

Afghanistan

Baroness Jones of Moulsecoomb Excerpts

Wednesday 18th August 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, it is very difficult to express just how sad and horror-struck I am after the events in Afghanistan. Of course, it is not only now but in the weeks, months and years ahead that we will all feel the repercussions. My noble friend Lady Bennett of Manor Castle will speak later in the debate on the geopolitical aspects of the events, but I will concentrate on the people of Afghanistan who have become refugees, particularly on the fate of women, who are now living in Afghanistan under a Taliban regime.

Regretfully, our record as a welcoming and responsible country is very damaged. Last year, about 79.5 million people worldwide were forced to leave their homes and become refugees, and we took in just over 20,000 of those—approximately 0.026% of the world’s refugees. We must not forget that we are responsible, because of the way that we behave, for many of those people.

What could and should our Government do to demonstrate the best and most honourable intentions? Well, we can offer solidarity, humanity and refuge for as many as we can. Immediately, we should offer amnesty to undocumented Afghans in the UK. Many Afghan asylum seekers were refused on the grounds that they could return safely to Kabul, but that is clearly false now. Immediately, for those refugees en route, the Government should increase their shameful arbitrary limit of 20,000 over five years. To enable this, local authorities must be fully financed to help with the resettlement, with an especial aim to reunite families. We have to be bold, kind and generous.

And then, as the noble Baroness, Lady Hodgson of Abinger, mentioned, there are the women who are still in Afghanistan. We must support the women and girls facing Taliban erasure of their rights, education, freedom and, potentially, their lives. Afghan women, particularly those known to be feminists—that will be a very broad definition for the Taliban—will be heavily attacked in one way or another. We must demand that our Government commit to give refuge to women who are known because they are part of the women’s movement: because they are judges, as the noble and learned Lord, Lord Judge mentioned, professors, high school teachers, women police, women firefighters, women in the army, and women who are taxi drivers, musicians, artists or journalists. All these women are vulnerable now. Of course, women who do not have passports for their children must be allowed in without their passports. Refugees are people who have lost control of their lives. We have to remember that, if our Government do not start to take climate change seriously, we ourselves could be refugees too.

Procedure and Privileges

Baroness Jones of Moulsecoomb Excerpts

Tuesday 13th July 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is a pleasure to be involved in this debate, but I am going to struggle not to argue with all the previous speakers I have disagreed with.

On behalf of the Green group, I welcome the report from the Procedure and Privileges Committee and its proposals, and I give a huge thank you to the staff who have been able to keep us going through the hybrid times. I am too short-sighted to see the clock up on the wall, so perhaps the Chief Whip can give me a signal when he is ready to stop me talking—at five minutes, not before.

While the Green Party would like to see the wholesale reform of parliamentary practice—not least the replacement of your Lordships’ House with an elected upper Chamber—we are happy that some of the best bits of the hybrid House are being retained. One of the issues is accessibility for people with disabilities, which is something that we have to take seriously; it is ridiculous that someone who cannot walk or cannot hear as well cannot participate as much as everyone else.

I am very pleased that electronic voting will continue. The old system of noble Lords shuffling through the corridors was ridiculous. What a waste of valuable time. Please do not tell me that there were lots of good conversations; I was there and I heard them. I hope that the Procedure Committee will continue to seek ways to improve the voting system so that we can become a more efficient and modern institution.

On the issue of interventions, the noble Lord, Lord Cormack, knows that I have a soft spot for him, unlike the noble Lord, Lord Adonis, for whom I do not have a soft spot, but in this case the noble Lord, Lord Adonis, is absolutely right. The noble Lord, Lord Cormack, calls him superficial but quite honestly, when he then defends starting late because it enables lunch with friends, he reaches heights of superficiality that no one else has so far.

I found the previous system of interventions very bullying. The right reverend Prelate described the spirit moving people. What spirit is that? The bullying spirit? The spirit that prevents women standing up because they feel threatened by the behaviour of the House? Having this system may not be ideal. I am slightly swayed towards the amendment from the noble Lord, Lord Balfe, which I was not before, by the comments from the noble Lord, Lord Grocott. It would be a fine system if one got on with the Lord Speaker, but one cannot guarantee that—I especially feel that I cannot guarantee it—so I might vote for that but I might not. I definitely will not vote for the amendment in the name of the noble Lord, Lord Cormack.

I hate to disagree with the noble and learned Lord, Lord Mackay of Clashfern, but he describes this as a “part-time House”—well, tell that to those of us who were here at 11.50 pm last night. For many of us it is a full-time job. Quite honestly, if other people have jobs that they have to go to, let them stay away. The rest of us will carry on scrutinising the Government, which I think we have done extremely well under the hybrid House system.

I have a speech prepared but I have not actually used any of it yet. We are losing an opportunity not to use more of the hybrid systems that we put in place. We have a chance to move on and not be—I was going to say “such dinosaurs”, but actually dinosaurs were incredibly successful for millions of years—so old-fashioned. There was nothing magical about the way the House was run before. We could take this opportunity to be more modern. It has happened in wider society that people are reluctant to go to their jobs in office buildings and so on. Why can we not reflect that and accept that remote voting and remote participation are part of what we do?

It is good that we are accommodating people with disabilities, but there are people who have other needs and demands on them—for example, caring responsibilities. There are people with partners or children who might perhaps benefit from being part of debates but cannot actually come into the House.

While we are thinking about modernising, we really should put in processes for maternity and paternity leave—they have sort of done that in the other House but not properly—and breastfeeding. We really ought to think about these issues. Greens lead the way, let us not forget; your Lordships are all 40 years behind the Green Party at the moment, particularly on the other side of the Chamber. The Chief Whip is signalling me to stop. Let us think about issues that are not the issue of individuals so that they can be a general thought, and let us make sure that we are a little more progressive than we have been.

I have said before that I will not take interventions from now on. I think they are rude and shows a loss of self-control by the people who get up and shout. We have always had the option of coming in after the Minister, and that could be retained. You need not lose your temper, bluster and shout someone down to get in and make an intervention; you can just do it in a civilised way.

House of Lords: Remote Participation and Hybrid Sittings

Baroness Jones of Moulsecoomb Excerpts

Thursday 20th May 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is hard for me to disagree with so many eminent noble Lords here today, but I shall do it, because I think that we have heard an awful lot of nonsense. I, too, resent being in a graveyard slot. I guess that I have the Chief Whip to blame for that, so that is something to pick up with him next time.

When people have been talking about “back to normal”, it is almost as if this House were preserved sometime in the past century and that is “normal”. They have all been judging it on an existence that was appropriate then, but possibly is not anymore. Life is not going to go back to what we call “normal” any time soon and offices and workplaces have accepted that. The outside world knows that people do not necessarily want to spend lots of time in crowded, unhealthy Tube trains; they do not want that long and boring commute to work. That normal may not return. When historians look back, I think that they will see that we skipped about 10 years of technological learning and adaption to get to the point that we are at now. Nowhere is that more apparent than here in your Lordships’ House: we adapted very fast, which is to our credit and that of the team who managed it.

The Minister and others suggested that we are not holding the Government to account in the same way. I would argue that we absolutely are. Because we are winning more votes, they are having to negotiate with the Opposition, which I think is incredibly healthy. Where that has happened on Bills, they are better. Even the Government accept that.

The noble Lord, Lord Cormack, of whom I am very fond, and others, talked about the lack of spontaneity and cut and thrust. I point out that that sort of rude behaviour benefits men but disadvantages women—not necessarily women like me, because I am prepared to indulge in cut and thrust as well, but many women just are not. Therefore, it is against the interests of women Peers to go ahead with bringing back that sort of spontaneity, which is actually incredible rudeness and aggression. I give notice here that in future I will never give way to an intervention when I am speaking. I will refuse, because I think of it simply as rudeness.

The pile-up of statutory instruments that we heard about is not due to the hybrid House; it is because the Government keep pushing through legislation in a sneaky way. That is why we have those pile-ups. It blurs the difference between legislation and guidance, as the noble Lord, Lord Cormack, said, which causes confusion everywhere—among the public and among the police.

In the past, starting times were for the benefit of people who had outside interests and jobs. I would argue that if we are going to take the House seriously, we should start at a reasonable time—10 o’clock in the morning, Tuesday to Thursday—and perhaps finish at a reasonable time, so that some of us can go home and have a life.

I had to scrap my speech today because I disagreed with so many people and did not want to say what I had been planning to say, which was much more emollient. As for the fiction that all Peers should listen to the debate before voting, what about those texts that go round instructing people how to vote? Most Peers do not listen to the debates. I do—I have to make up my own mind—but most do not.

On voting, why do we not register abstentions? The public have a right to know whether we are abstaining, rather than—I fell asleep recently before a vote, so I was not able to get in on it. We should register abstentions.

Personally, I was eager to return to the physical Chamber because I found that my venom did not come down the wires sufficiently. It was much easier for me to be here in the House and say, “Tut” and “Nonsense!” and so on. But I would hate us to throw away elements of the hybrid House, which have been so innovative and inclusive. Parliament should set an example to the country. We talk about how we should set an example: more of our business can be conducted, and conducted well, digitally. It is a very Green policy to encourage or enable people not to have to travel more: not to have to get their cars out of the garage, to fly, or even to get a train. We would not need as many roads and planes if people, not necessarily stayed at home more but could work from home more.

I accept that personal interactions are very useful but I cannot help but feel that, for all that we have lost in being largely remote, we have gained in flexibility so that more Peers can take part. If this unelected House is justified by its depth of experience, surely that is an argument for us to keep these hybrid ways of working.

On the question of voting, times have changed and we have to change as well. For example, when we do decant, if we do not have remote voting and our offices are in Millbank and we have to vote in QE2, I might be able to do that sprint, but many noble Lords will not. We have to make sure that our processes are suitable for every occasion. I feel that the digital tide has turned, and I hope that we do not try to roll back all the progress we have made.