Debates between Baroness Neville-Rolfe and Lord Callanan during the 2019 Parliament

Mon 23rd Nov 2020
United Kingdom Internal Market Bill
Lords Chamber

Report stage:Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Wed 4th Nov 2020
United Kingdom Internal Market Bill
Lords Chamber

Committee stage:Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Mon 2nd Nov 2020
United Kingdom Internal Market Bill
Lords Chamber

Committee stage:Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Wed 28th Oct 2020
United Kingdom Internal Market Bill
Lords Chamber

Committee stage:Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Mon 26th Oct 2020
United Kingdom Internal Market Bill
Lords Chamber

Committee stage & Committee stage:Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords

International Energy Agency Report

Debate between Baroness Neville-Rolfe and Lord Callanan
Tuesday 26th April 2022

(1 year, 11 months ago)

Lords Chamber
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Lord Callanan Portrait Lord Callanan (Con)
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There are, of course, very few people in this country who benefit from air conditioning; rather, it is heating that is the issue. Nothing will drive people to turn down their heating at the moment more than the current high gas prices. I am not sure that we need much of a government information campaign to encourage people to save money where they can, but we do not want it to be at the expense of people living in cold homes.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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My Lords, I echo the tributes paid to the amazing career of Lord Plumb, whom I remember so well in a previous commodity crisis as an interlocutor with the then Agriculture Minister, John Silkin. He was very effective. Given the somewhat limited scope of the IEA-promoted self-help that we have seen in this report, can the Minister remind us of what the Government are doing to insulate consumers, the elderly and struggling small businesses from the mushrooming of energy prices that we have seen?

Lord Callanan Portrait Lord Callanan (Con)
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Indeed, I would be happy to help my noble friend and build on the answer I gave to the noble Lord, Lord Oates, earlier. We are spending from £750 million up to £1 billion a year on ECO 4. We are spending £6.6 billion over this Parliament on all the different insulation and energy-efficiency schemes that I mentioned earlier, delivering practical measures in hundreds of thousands of homes up and down the country. These very successful schemes are driving up the energy efficiency of the poorest households in the country. They are excellent schemes and worthy of the House’s full support.

Revised Energy National Policy Statements

Debate between Baroness Neville-Rolfe and Lord Callanan
Tuesday 22nd February 2022

(2 years, 1 month ago)

Grand Committee
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Lord Callanan Portrait Lord Callanan (Con)
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During the planning process itself, community mitigations will be taken into account, providing the national framework to enable local planning decisions to be taken. Community mitigations of course play an important part in the planning process.

As I said earlier in response to the noble Baroness, Lady Jones, improving the energy efficiency of homes is the most effective way to permanently reduce energy bills by reducing the amount of energy required to heat the home, and it can tackle fuel poverty in the long term. I covered all the schemes that we have, including ECO, home upgrade grants, the local authority delivery scheme, the public sector decarbonisation scheme and the social housing decarbonisation scheme—myriad different schemes, all contributing quietly and in the background to upping the energy performance of the homes that we all live in.

The noble Lord also mentioned the need for clarity in the approach to CCUS and hydrogen. The NPS establishes the need for CCUS and hydrogen infrastructure, but we do not want prematurely to introduce detailed guidance before we know more about the impact of such projects. We will consider whether to develop a technology-specific NPS for CCUS and hydrogen infrastructure as the technology and the project landscape evolves.

The noble Lord, Lord Lennie, asked how many consent decisions have been made under the current regime. The answer is that 65 decisions on energy projects have been made under the existing suite of energy NPSs. We are, of course, expecting a significant increase in the number of applications as the transition to net zero continues. He also asked about onshore wind. It was removed from the NSIP regime in 2016 through amendments to the Planning Act 2008. This means that all planning applications for onshore wind turbines in England are made to the local planning authority, or to the Welsh Government in Wales. As national policy statements are statutory guidance, and as onshore wind is now not included in the 2008 Act, it was no longer appropriate for the national policy statements to provide specific policies in relation to onshore wind.

Finally, to reply to my noble friend Lady Foster’s point about fracking, it is important to realise that Lancashire is not Texas. The UK is a relatively densely populated island compared to most parts of the US. Although we are not in principle against the idea of fracking, it must be done with the consent of local communities and we need to be aware of its environmental impact. Also, as we discussed during Questions in the House a few weeks ago, it is not the short-term answer that many people think it is. Even if we managed to overcome all the environmental objections, and even if we managed to progress the scheme, it would be many years, if not a decade, before we got meaningful quantities of shale gas out of the ground. Even then, the quantities that we would be able to produce in this country would have no meaningful impact on the overall gas price level. We continue to keep these matters under review, but it does not represent the easy solution that we might like to think it would in this circumstance.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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I am grateful to my noble friend for answering all our points so clearly and fully. I asked a question about coal for heritage railways. He may not be aware of it, but in the debates on the Environment Act we were told that it would be fine because we could get coal from Russia. He may want to take the point away. Perhaps he could update us, because I assume that we will not now be getting coal from Russia. Also, I wanted clarification on an issue to do with planning. I think he said that some kind of planning for renewable infrastructure would take three years, but somebody—maybe it was the noble Lord, Lord Teverson, or the noble Lord, Lord Oates—said that it took one year to build an offshore wind turbine and eight years to get planning. Clearly, we have to speed planning up for necessary infrastructure; that has come through very strongly in the work that I have been doing in the Built Environment Committee. To have an answer on what we can now expect—how long planning applications of different types will take—either today or on another occasion would be very helpful.

Lord Callanan Portrait Lord Callanan (Con)
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The whole purpose of these national policy statements is to try to speed up the planning process in the first place by setting a national framework within which the local decisions can be taken. As with all these things, it is a question of getting the balance right. Of course we want to try to speed up the process, but the problem with energy policy is that it takes many years, if not decades, to put the infrastructure in place.

We are announcing, we hope, some progress on new nuclear and passing new legislation in the next few months to enable it but we will not see the fruits of that until the early 2030s. The process for the infrastructure which we see in place now was put in place 10 or 12 years ago. The reason that we have a problem with nuclear now—I am sorry to bring it back to party politics—was because when Labour came into office in 1997, that Government ruled out new nuclear. Tony Blair said in the manifesto “We see no case for new nuclear”. Now, that is a party-political point and I think many Labour Members now think that was a mistake—maybe it was right in the context of the time but it was probably a mistake. Correcting these mistakes takes many decades in order to get the infrastructure in place.

Postmasters with Overturned Convictions: Settlement Funds

Debate between Baroness Neville-Rolfe and Lord Callanan
Wednesday 15th December 2021

(2 years, 4 months ago)

Lords Chamber
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Lord Callanan Portrait Lord Callanan (Con)
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That is not an entirely fair comment. We as a ministerial team and a Government inherited this scandal. We are making endeavours within the powers and legal procedures that we have. We cannot ignore the fact that a civil court case has taken place and there was a full and final settlement. We have to negotiate within government for additional funding to be made available. I can assure the noble Baroness that the Minister for Postal Affairs is attempting to do so and is trying to work with the parties to bring this to a resolution. There is clearly moral equivalence between the different categories, even if there is not necessarily a legal equivalent at this stage. I am not a lawyer but, to be fair, there are differences in the cases. It would be right for the Government to try to compensate them all to the greatest degree possible within existing legal procedures, and my honourable friend is attempting to do that.

The noble Baroness referred to the culture of the Post Office. Again, her comment was a little unfair. The Post Office is under new leadership and it has committed to changing its ways. I can assure her that Ministers regularly discuss this matter with the Post Office. It has a programme of change, including the appointment of two recent postmaster non-executive directors to try to get some say in the senior leadership team from those working on the ground. I know that the new chief executive is committed to doing his best to overcome this scandal, right the wrongs and put the business on a sound footing in the future.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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My Lords, having had previous responsibility for the Post Office, I am very well aware that Ministers are advised to stand firm on seemingly solid grounds, only for it to become clear in the long term that that is not defensible. This issue was probably the most disturbing thing that I had to deal with. Will the Minister take a deep breath and accept that the litigation involving 555 former postmasters who, as he said, performed a massive public service, was not conducted on a fair basis, and act accordingly?

Lord Callanan Portrait Lord Callanan (Con)
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I can certainly confirm what my noble friend has said in terms of briefings that I have given to Ministers. Indeed, similar briefings were given to me when I first started in the department. I went back and started to ask more questions. Paul Scully was new in his job at the time and I discussed the issue with him. We both agreed that we needed to do more. Since then, although it was not purely due to our actions, lots more information has come about, there have been various court cases and so on. It is certainly true that the culture of government is always to put up a firewall and try to stand firm. However, there are occasions when we just need to accept that things have gone terribly wrong and do what one can to put them right, which is what we are doing. I cannot go any further than the answers that I have already given in terms of compensation to the 555, but I have great faith in the Minister for Postal Affairs, who is responsible for this matter, and he will do whatever he can within the system.

Construction Sector: Roadmap to Zero Retentions

Debate between Baroness Neville-Rolfe and Lord Callanan
Wednesday 15th December 2021

(2 years, 4 months ago)

Lords Chamber
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Lord Callanan Portrait Lord Callanan (Con)
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I can answer that question by saying what we have done in central government in my department: we have substantially abolished them. Most government departments have now got rid of them and only the Department for Education is a laggard. We would be better to do without them, but that is not the same as moving towards a statutory ban.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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My Lords, as somebody who initiated a review of retentions when on the Front Bench over five years ago, I have one simple question: does the Minister accept that the delay in dealing with retentions in the construction industry is injurious to the industry and hence to the national interest? Will it be possible to now have more rapid action?

Lord Callanan Portrait Lord Callanan (Con)
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As I said in response to a previous question, I agree with my noble friend that we need to try to drive some action in this area. But a statutory ban is a very blunt instrument, and it would be difficult without some alternative form of surety being put in place, so we are working with the industry to try to develop those models. My noble friend will know the issue very well from the work that she did.

Post Office Court of Appeal Judgment

Debate between Baroness Neville-Rolfe and Lord Callanan
Wednesday 28th April 2021

(2 years, 11 months ago)

Lords Chamber
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Lord Callanan Portrait Lord Callanan (Con)
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I can give the noble Lord the assurance he asked for in the first part of his question: Sir Wyn, as part of his evidence gathering, is looking at the issue of corporate governance, where it is clear that there are some serious questions that need to be answered. On his question about the role of the shareholder, as I have said before on a number of occasions in this place, the Government pressed the management at the time on issues regarding complaints brought by sub-postmasters about Horizon, and we received repeated assurances that the system was reliable. Of course, the Court of Appeal opined that the Post Office had consistently asserted that Horizon was robust and reliable at the time.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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Having been a Minister in the business department whose responsibilities included the Post Office for a period, I join others in congratulating the postmasters and the courts on restoring justice. I have always been much troubled by these cases and the tenacity of the Post Office in defending the integrity of its IT systems—now shown to be wholly unjustified—and by the fact that the Post Office was both investigator and prosecutor, which has already been touched on. Does my noble friend the Minister agree that, while being extremely important and useful, the criminal cases review process is far too slow? As part of lessons learned, will he follow up with the Ministry of Justice and explore the case for statutory deadlines or other incentives for speed? People’s lives have been wrecked for literally decades.

Lord Callanan Portrait Lord Callanan (Con)
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I will certainly pass on the noble Baroness’s comments on the speed of the justice system to the Ministry of Justice. I am sure there are many other areas where we would all like to see speedier justice.

Audit and Corporate Governance

Debate between Baroness Neville-Rolfe and Lord Callanan
Tuesday 23rd March 2021

(3 years ago)

Lords Chamber
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Lord Callanan Portrait Lord Callanan (Con)
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We are discussing audit reforms and reforms to the audit market. I think that the noble Baroness may want to have a separate debate about reforms to company structures.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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My Lords, I refer to my interests in the register. I hope my noble friend realises that this audit and governance package is onerous. It will place significant costs on businesses of all shapes and most sizes and is, I fear, unlikely to achieve a lot in practice. Does he not agree that the best and more immediate way forward would be for the existing, comprehensive rules to be enforced properly by everyone—including firms, auditors and, if appropriate, prosecutors—while minimising the burden of any new regulations?

Gas Boilers and Heaters: Replacement Programme

Debate between Baroness Neville-Rolfe and Lord Callanan
Tuesday 12th January 2021

(3 years, 3 months ago)

Lords Chamber
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Lord Callanan Portrait Lord Callanan (Con)
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I understand that the noble Lord is very keen on green hydrogen and I agree with him on these points, but we are committed to consult on the preferred hydrogen business model in quarter 2 of 2021 to finalise a decision next year. Alongside this we will bring forward further details in 2021 on the revenue mechanisms that will be available to support these proposed business models.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con) [V]
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My Lords, planning for the phasing out of all use of gas boilers is, to my mind, a very bold step, especially when the nature of the possible replacements is unclear. What steps are the Government taking to ensure that the energy and construction industries will have the capacity to cope with this change? For example, I understand that there is currently capacity to install only 30,000 heat pumps a year, whereas the need is estimated to be more than 600,000.

Lord Callanan Portrait Lord Callanan (Con)
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My noble friend makes some very good points, but the forthcoming heat and building strategy will set out the direction of travel for decarbonising heat. We are working closely with the industry to create the jobs needed to meet net zero. We recently carried out research. There will be enough skilled heat pump installers to deliver our ambitions. We recently published that supply chain research, which shows that heat pump manufacturers are able to meet a significant ramp up in demand.

United Kingdom Internal Market Bill

Debate between Baroness Neville-Rolfe and Lord Callanan
Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Monday 23rd November 2020

(3 years, 4 months ago)

Lords Chamber
Read Full debate United Kingdom Internal Market Act 2020 View all United Kingdom Internal Market Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 150-III(Rev) Revised third marshalled list for Report - (23 Nov 2020)
Lord Callanan Portrait Lord Callanan (Con)
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I thank my noble friend for tabling this amendment, which seeks to clarify the extent to which we have considered how the provisions of the Bill in respect of services will work in practice. I shall endeavour to do my best to answer my noble friend’s concerns, because I know that she appreciates and promotes just how critical the services sector is to the United Kingdom, and I share that view. It is vital, constituting more than 80% of our GDP and four out of five jobs nationwide.

The principles of mutual recognition and non-discrimination in Part 2 underpin an internal market framework which will limit the emergence of new barriers following the return of powers from the EU. This will support UK businesses trading services in other parts of the UK, and authorities regulating these services. The Bill will complement the existing services regulatory framework while building in certainty for businesses and regulators.

The mutual recognition principle means that businesses authorised to provide services in one part of the United Kingdom will not need to satisfy further authorisation requirements to provide those services in the other parts of the United Kingdom. This principle of mutual recognition applies to authorisation requirements. It does not cover matters such as non-mandatory membership of organisations, which cannot prevent a service provider from offering a service but which might be desirable to join for other reasons.

A similar form of mutual recognition already operates as part of the existing UK-wide regulatory framework for services under the Provision of Services Regulations 2009. Regulators complying with that legislation will already be subject to the principle of mutual recognition. Similarly, the non-discrimination principle is a fundamental safeguard for businesses, ensuring equal opportunity for companies trading in the UK regardless of where in the UK that business is based, from where it provides services or where its staff are based.

As my noble friend Lady McIntosh highlighted, with the non-discrimination provision, regulators have until now had to follow rules in the Provision of Services Regulations 2009 which prevent discrimination towards service providers from other European Economic Area states. These rules will be revoked at the end of the year when the transition period comes to an end, as they will no longer be relevant to the UK’s situation. It is only right that rules that have previously prevented discrimination towards businesses from the other EEA states should now be applied to ensure the continued flow of services across our United Kingdom.

To help provide clarity, Clause 16 sets out a list of requirements and provisions that are neither regulatory nor authorisation requirements and therefore are not covered by the principles in Part 2. First, those requirements dealt with in other parts of the Bill—namely the mutual recognition principle in Part 1, which relates to goods, and provisions covered by Part 3, on professional qualifications—are not within scope of Part 2. This is because it is not desirable for one set of requirements to be subject to several rules from different parts of the Bill.

Secondly, existing requirements are out of scope because Part 2 applies only to new or substantively modified requirements that come into force, or otherwise come into effect, after this section comes into force. However, for the mutual recognition principle only, existing requirements will be brought within scope of the Bill where a corresponding authorisation requirement in another part of the UK introduces a new or substantively changed requirement.

Thirdly, a requirement which applies both to service providers and non-service providers is not in scope of Part 2. This part of the Bill is concerned only with the requirements which seek to regulate service providers and not all requirements which might affect service providers.

Finally, there are administrative requirements on service providers that we consider are reasonable in all circumstances, and therefore they are also not in scope of this part. Such administrative requirements could include, for example, where a service provider may be required to notify a local regulator of their presence, or where they are required to provide proof that they are in fact authorised to provide that service in another part of the UK. These requirements are necessary for regulators to continue operating effectively under the rules in this part, but it is our view that they are limited enough in scope so as not to create any unnecessary barriers to trade.

I can therefore assure my noble friend that the Government have considered carefully how the provisions in Part 2 will work in practice, and that Clause 16 is an essential part of their operation.

My noble friend asked whether penalties apply to businesses that are excluded from the Bill. If a given matter is out of scope of Parts 1 to 3, it is also by definition out of scope of the OIM’s functions and responsibilities.

My noble friend Lady McIntosh raised the four weeks’ consultation, as did a number of other noble Lords. The consultation followed the principles for a government consultation and represented an ambitious plan to engage businesses of all sizes across all four nations, as well as many academic experts and representatives of the devolved Administrations.

My noble friend Lady Neville-Rolfe asked also about Schedule 2, which lists a number of services with the aim of reflecting those outside the scope of the Provision of Services Regulations 2009, which is the current services framework. The Government also recognise that it is appropriate for legal services to be excluded from the provisions on the mutual recognition of services to reflect the separate legal systems in England, Wales, Scotland and Northern Ireland.

The noble Lord, Lord Purvis, asked whether service providers from the Isle of Man were subject to the measures in Part 2. The answer is no. Part 2 applies only to businesses and individuals that a have a permanent establishment in the United Kingdom as defined by the Corporation Tax Act 2010, which does not include of the Isle of Man. It is also the case for all Crown dependencies.

The noble Lord also asked when the services principles apply and when the goods principles apply. The services principles apply only where the goods principles do not. Only one set of principles will apply as to a particular requirement.

I hope that I have answered the questions of noble Lords and of my noble friend. I hope that she feels able to withdraw her amendment.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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I thank noble Lords for an interesting debate and I am grateful for the support of my noble friend Lady McIntosh, the noble Baroness, Lady Bowles, and, of course, my noble friend Lady Noakes, who rightly pointed out the probing nature of this amendment, which I obviously do not seek to press. She also said that it was right that we include the services sector in the internal market, which is obvious from its very scale—a point that she, the noble Lord, Lord Stevenson, and the Minister emphasised—I think that it is about 80% of GDP. The Minister was also right to emphasise the value of mutual recognition and the loss of the EU-based services regulations of 2009, which to some extent we are trying to replace.

The single most important thing about the services element of the Bill, in Clause 16, is to understand the Government’s intentions, particularly in view of the minimal nature of consultation in framing it. My noble friend Lord Naseby was right to emphasise the importance and use of consultation. He also asked a question about the proposed registers which I am not sure we got a complete answer to.

The trouble is, we still do not know why these provisions are needed in individual cases—I gave some examples that I did not really get an answer to, such as hairdressers and other businesses—and why they vary from sector to sector. As the noble Lord, Lord Purvis, said, I am an optimist—I have been a strong supporter of the Government on this Bill against the advice of respected friends—but perhaps the Minister can kindly reflect on whether he can do anything further on services, with services now being so linked to goods as we have all agreed, to allay my fears. Some sectors, from property to restaurants, appear to face new regulations, possibly draconian, without much of awareness of it. The noble Lord, Lord Stevenson, suggested a letter outlining what was covered within the services sector. Perhaps the Minister could reflect a little further on how we might communicate this and reassure people about the value of these provisions in creating a single market with mutual recognition, which I strongly support. But we need to make sure that people understand what their duties are and that such duties are not overly draconian and will be sensibly enforced. I beg leave to withdraw the amendment.

United Kingdom Internal Market Bill

Debate between Baroness Neville-Rolfe and Lord Callanan
Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 4th November 2020

(3 years, 5 months ago)

Lords Chamber
Read Full debate United Kingdom Internal Market Act 2020 View all United Kingdom Internal Market Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 135-V Fifth Marshalled list for Committee - (4 Nov 2020)
Lord Callanan Portrait Lord Callanan (Con)
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I would be happy to write to the noble Lord but, as I said, the powers to date have functioned effectively and are based on the CMA’s existing powers.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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I have another couple of points for clarification by my noble friend. First, does legal privilege apply to in-house counsel, provided that they are properly qualified lawyers? I would be happy for the Minister to write to me about that. Secondly, he referred in the debate about small business to Clause 32(4), and helpfully explained that the CMA will advise on regulatory proposals before laws are made, which provides an opportunity for small business interests to be taken into account. However, my concern was also about enforcement of the law, which would bear particularly harshly on small businesses that do not have the same fancy legal departments as others. I am not sure that the clause deals with that but would be delighted if I was wrong.

Lord Callanan Portrait Lord Callanan (Con)
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On my noble friend’s first question, she will notice that Clause 38(8) states:

“A notice under subsection (2) or (3) may not require a person … to produce or provide any document or information which the person could not be compelled to produce, or give in evidence, in civil proceedings before the court”.


I hope that that resolves the matter. I will write to her on her second point.

--- Later in debate ---
Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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I thank my noble friend for his assurance on commencement. He did not answer my specific questions, but I think that the answer in general terms was that the Government have taken the same powers as the CMA has on competition and applied them pro rata. Perhaps I can pick up something that the noble Lord, Lord Stevenson, said earlier. I wonder whether we could look at this line by line to see whether things are or are not all the same; that would be a helpful Committee-type process.

I really got up to ask a question about examples. The Minister helpfully gave an example of a penalty regulation—he said that he might make regulations with penalties under £30,000, perhaps at a lower level for particular things—but I am confused about what kind of regulations are going to be made here. That may be an impossible question to answer but if my noble friend could give us some more examples, perhaps ones that are in draft or have gone out to consultation, it would be incredibly helpful.

Lord Callanan Portrait Lord Callanan (Con)
- Hansard - - - Excerpts

I referred in my earlier speech to the need to make regulations setting the maximum penalty, which the Secretary of State will do, but I will write to my noble friend if there are any other examples of regulations that we feel we may need to make.

United Kingdom Internal Market Bill

Debate between Baroness Neville-Rolfe and Lord Callanan
Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 2nd November 2020

(3 years, 5 months ago)

Lords Chamber
Read Full debate United Kingdom Internal Market Act 2020 View all United Kingdom Internal Market Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 135-IV Revised fourth marshalled list for Committee - (2 Nov 2020)
Lord Callanan Portrait Lord Callanan (Con)
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I see the request has the enthusiastic endorsement of the noble Lord, Lord Foulkes. Therefore, as his biggest fan in the House, I am obliged to follow the idea put forward. I will of course write to the noble Lord, Lord Fox, on that.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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My Lords, this has been a good debate on an important group of amendments. We are not all agreed, but most of us are doubtful about the decision to allocate the office for the internal market to the CMA in the way the Bill proposes. I favour an office with ministerial leadership—there is a parallel with the EU’s single market commissioner, which has worked well in many ways.

The noble Baroness, Lady Bowles, made an expert and very strong case from a different perspective. She rightly pointed to the huge powers and penalties involved in giving this role to the CMA, and explained useful background as to why it ended up in the CMA, linked to an earlier time when state aid rules were going to be part of the portfolio. She also highlighted a concern about how the arrangements will work for the devolved Administrations, which the noble Lord, Lord Palmer of Childs Hill, developed in more detail and which was referred to by the noble Baroness, Lady Hayter.

United Kingdom Internal Market Bill

Debate between Baroness Neville-Rolfe and Lord Callanan
Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 28th October 2020

(3 years, 5 months ago)

Lords Chamber
Read Full debate United Kingdom Internal Market Act 2020 View all United Kingdom Internal Market Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 135-III Third Marshalled list for Committee - (28 Oct 2020)
Lord Callanan Portrait Lord Callanan (Con)
- Hansard - - - Excerpts

My Lords, in moving Amendment 82, I shall speak also to Amendments 83 and 85 to 88 in my name.

Clause 20 provides the test for assessing whether a regulatory requirement is indirectly discriminatory in relation to service providers. The indirect discrimination test comprises several elements, including a test for difference of treatment between incoming and local service providers and a test to assess whether the difference in treatment gives rise to an adverse market effect. This group of amendments would provide greater clarity to readers, particularly in relation to differential treatment and adverse market effect. The amendments would break up concepts previously included in Clause 20(4) and deal with the unequal treatment test separately from the adverse market effect test. This revised drafting also allows for clarification of the language.

This change delivers the same policy objectives but with greater clarity. It is supported by consequential amendments throughout Clause 20, including new definitions for local and incoming service providers. The definition of “relevant connection” is also moved into Clause 20 to link it better to the provision. Limb C of that definition is deleted because it is not relevant to indirect discrimination. A consequential amendment to Clause 19 supports this.

In my detailed remarks, I will focus on Amendments 90, 91 and 93 upon which the other amendments are consequential. Amendments 90 and 91 would provide greater clarity and break up concepts that were previously packed into Clause 20(4). They deal with the unequal treatment test separately from the adverse market effect test, and this division also allows for a clarification of the language. These amendments would introduce and define the concept of “relevant disadvantage”, tying it more clearly to the concept of unequal treatment between incoming and local service providers. Importantly, the more clearly laid out test for relevant disadvantage between local and incoming providers makes plain that it does not require all incoming providers to be disadvantaged or all local providers to be advantaged. That was the intended effect of the drafting; this amendment would ensure that it is clear.

Amendment 93 does two things. First, it defines local and incoming service providers—terms used in this group of amendments. Secondly, it copies the definition of “relevant connection” over from Clause 19, linking it more clearly to this provision. Limb C of the direct discrimination provision is deleted because it is not relevant to indirect discrimination.

Amendment 94, which is unrelated to the other amendments in this group, would simply remove a provision that is now no longer necessary. I beg to move.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con) [V]
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My Lords, I apologise to my noble friend the Minister for speaking on a technical amendment. I support much of the Bill and have limited my contributions accordingly.

However, I want to ask for a fuller explanation of Amendments 90 and 93, which again relate to services. Why do we need to make a distinction between incoming service providers and local service providers? Will that not create uncertainties and its own form of discrimination? Is this an insurance policy, for example against unwise anti-competitive moves by a devolved Administration? Is there any evidence that such an outcome is at all likely, given their well-known attachment to the EU single market? What is the underlying purpose of this approach?

The Minister was not able to answer my question on Amendment 68 about how marketing activity would be treated, or indeed the question from the noble Lord, Lord Purvis, on local language capability. The distinction between incoming service providers and local service providers may be part of the answer. I would welcome some simple examples that make some of this service area easier to understand. If the Minister needs notice of the questions, perhaps he would be kind enough to write to me on these points, as it is late.

United Kingdom Internal Market Bill

Debate between Baroness Neville-Rolfe and Lord Callanan
Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 26th October 2020

(3 years, 5 months ago)

Lords Chamber
Read Full debate United Kingdom Internal Market Act 2020 View all United Kingdom Internal Market Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 135-II Revised second marshalled list for Committee - (26 Oct 2020)
Lord Callanan Portrait Lord Callanan (Con)
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The Bill would legislate for subsidy control becoming a reserved matter. We are committed to consulting further with the devolved Administrations before proceeding, if we do, to any further legislation.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con) [V]
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I have two questions. First, I called for clarity, trying to explain its importance to organisational success, which, frankly, is very relevant. I noticed almost no support for this from the Benches opposite, yet businesses, citizens and professionals will have to manage in the new market, and if the rules are at risk of changing in different ways regularly, that could be a problem. Obviously, sensible consultation and collaboration are needed, but we must be wary of a political veto. Does the Minister agree that this is a problem, or is the noble Lord, Lord Purvis, right?

My second question is whether the noble Baroness, Lady Randerson, is right or I am. At Second Reading, I mentioned with approval the ability of the devolved territories to do their own thing and gave two examples: minimum pricing of alcohol and carrier-bag charges, both of which I supported at the time. The noble Baroness, Lady Randerson, suggested that the powers to do such things will be undermined, and quoted exactly the same examples. Am I right or is she right?

World Energy Outlook 2020

Debate between Baroness Neville-Rolfe and Lord Callanan
Tuesday 20th October 2020

(3 years, 6 months ago)

Lords Chamber
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Lord Callanan Portrait Lord Callanan (Con)
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The noble Lord makes a good point; heating decarbonisation will be a crucial part of the race to net zero, and we will be bringing forward a detailed heating decarbonisation strategy shortly.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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My Lords, I was disappointed that this report neglects nuclear energy. Its reliable, emission-free 24-hour baseload provides an essential complement to solar and wind, which sadly can be absent for weeks at a time. At a time of unparalleled low interest rates, will the Government’s forthcoming energy White Paper grasp the nettle and propose government support for nuclear via direct government involvement?

Lord Callanan Portrait Lord Callanan (Con)
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I thank my noble friend for her question, but the WEO 2020 report suggests a 10% increase in nuclear between 2019 and 2030. Beyond 2030, the Paris compliance scenarios envisage small modular nuclear reactors taking a stronger role, alongside CCUS and hydrogen. Of course, we will address all these upcoming matters in the energy White Paper.

Horizon: Sub-postmaster Convictions

Debate between Baroness Neville-Rolfe and Lord Callanan
Thursday 11th June 2020

(3 years, 10 months ago)

Lords Chamber
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Lord Callanan Portrait Lord Callanan
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Well, we are committed to getting to the bottom of this scandal. I can tell noble Lords that, yes, the Post Office has committed to co-operate fully with the inquiry; Ministers will expect it to do that. We expect others involved to co-operate with the inquiry as well, and if we need to take further action to make sure that they co-operate, we will be prepared to look at that.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con) [V]
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The Horizon case is an appalling matter. It was, as I have mentioned before, the most worrying issue that I had to deal with as a Minister, because it involved many respectable individuals with no record of criminal activity, many of whom we now find have had their lives ruined. Does my noble friend agree that the immediate need, from information already available, is to remove the Post Office’s unusual right to act as prosecutor itself, and to do this forthwith?

Artistic Content: Copyright Protection

Debate between Baroness Neville-Rolfe and Lord Callanan
Monday 2nd March 2020

(4 years, 1 month ago)

Lords Chamber
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Lord Callanan Portrait Lord Callanan
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As the noble Earl will be aware, most trade deals contain a number of paragraphs on cultural exchanges and creative industries. I am sure that that will be the case with the EU agreement and with the US agreement.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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My Lords, with the onward march of the digital revolution and our pre-eminence in artistic areas such as music and arts, copyright is becoming ever more important. Can the Minister give us an assurance that intellectual property has a high priority in policy-making for this Government? However we attack that in any particular trade deal, the overall point is to protect our artistic success and endeavour everywhere.

Lord Callanan Portrait Lord Callanan
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Of course, my noble friend makes a very important point. As I said earlier, we have one of the strongest copyright protection frameworks in the world. Many of these are subject to international agreements, such as the TRIPS agreement. We will continue to engage in international fora and make sure that artists and creators have protection for their works.