Procedure and Privileges Committee

Debate between Baroness Smith of Basildon and Baroness Henig

Monday 14th December 2020 Lords Chamber

[Baroness Smith of Basildon (Lab)]

Oh, it is public—so noble Lords will see that it is not straight along party lines. The idea that a political decision is being taken is absolute nonsense. People made a decision on the information and the legal advice before them.

I would also like to take up the point of the noble Baroness, Lady Meyer, who spoke of this House having a dislike of hereditary Peers—absolute tosh. I have never heard anything so shocking. I have never seen anybody in this House show any less respect to, or find any less credible, a hereditary Peer than an appointed Peer. All Peers once they are here are equal, and they are treated with equal respect. I am sorry she felt she had to make that point, but she is completely wrong on that.

The noble Lord, Lord Mancroft, also said that the hybrid House is not functioning properly and talked about things being rushed through the House. I think I can look to the noble Lord, Lord Ashton, for some agreement on this: the one thing that is not happening in this place at the moment is business being rushed through. Most business takes significantly longer than it did when the House was working normally. I think the one thing everybody in this House will agree on is that the sooner we are able to get back to a functioning House, and the way we normally do our business, the better.

One of the other decisions taken at this committee, as the noble Lord, Lord Mancroft, fully knows, was that, in January, when we shall meet to consider hereditary Peer by-elections, we will also look at the route map and the stages towards this House returning to normal working. That does not mean we can say “On 1 April this will happen”, or “On 1 June that will happen”, but we can say that when social distancing reduces, and when people are vaccinated, that is all part of the route map to us getting back to our normal way of proceeding.

The amendment to the Motion is ill judged. I hope it does not set a precedent. I could have equally put down a Motion—which I think I would have had the House’s support for—to say that we park this issue while we operate in a hybrid way. It was never about the election; it was always about the hustings and how those who wanted to vote could hear the views of those who wished to stand in these elections. It would be nonsense to start them now. It is a far better decision to just hold fire and delay, wait until we are working normally and then restart those by-elections. My noble friend Lord Grocott will then have the opportunity to present his Bill again, and I will support it again. But that is not the issue before us today—it is the straightforward Procedure and Privileges Committee report and what is in the best interests of this House at this time.

[The Deputy Speaker (Baroness Henig) (Lab)]

I call the Senior Deputy Speaker to reply to the debate.

Covid-19: Strategy

Debate between Baroness Smith of Basildon and Baroness Henig

Tuesday 12th May 2020 Lords Chamber

[The Deputy Speaker (Baroness Henig) (Lab)]

My Lords, the Virtual Proceeding on the Statement made in the House of Commons yesterday on the Covid-19 strategy will now commence. Please note that it has been agreed in the usual channels to dispense with the reading of the Statement itself, and we will proceed immediately to questions from the Opposition Front Bench.

[Baroness Smith of Basildon (Lab)]

My Lords, having watched the Prime Minister’s recorded message on Sunday and his Statement to MPs yesterday, I will make two observations. We recognise that the complexities and unknowns of this virus mean that decisions about how we respond are very difficult and challenging. To meet those unprecedented challenges, the Government must provide certainty, confidence and clarity. Unfortunately, in his two statements the Prime Minister missed those targets by announcing the plans without the detail needed. Dominic Raab then had to tour the media studios on Monday morning with a basic message of, “What the Prime Minister meant to say was…” For example, when Mr Johnson said that people who were able to should go back to work on Monday, he really meant Wednesday. When we most needed clarity, we got confusion.

We now have the strategy document, so we can discuss the detail, but there is a reason why Statements should be made to Parliament, rather than taking the “Blue Peter” approach of “Here’s one I made earlier” and recording them especially for the media. The Government should not see the normal process of consultation, engagement, questions and scrutiny as political obstacles to be avoided. They must understand that this is the way that we get the best decisions and, therefore, the best outcomes. It is only by highlighting problems that we can work together to overcome them. Can the noble Baroness confirm that the impact assessments on these strategy documents will also be published?

Because of the way this has been handled, there are numerous questions to be addressed to ensure that the public have all the information they need and that we can all monitor and support the way forward. Will the noble Baroness guarantee that no question today is left unanswered and that, if necessary, she will follow up in writing with complete answers?

I will pick up four specific issues. The first is about understanding the R rate—the reproduction rate—which is essential in fighting the virus. How robust is the calculation of the current level being between 0.5 and 0.9? The report states that 136,000 people are currently infected in the UK. Given that there is no universal testing or tracing, on what scientific basis is it calculated and what is the confidence level of the statistics and the margin of error? It is a basic question of whether it is a calculation or an estimate. Our national strategy is predicated on that figure, so we need to be able to respond quickly if it changes, either by the further easing of restrictions or, as is happening in parts of Germany and in South Korea, having to respond to an increase in the R rate. How quickly can we accurately identify changes and adapt plans accordingly? If we are asking those who enter the country to self-isolate for 14 days to help keep the R rate down, how will this be enforced and monitored?

Secondly, the Prime Minister said that the virus varies across the nations and regions of the UK and therefore needs a flexible response. That makes sense, but flexibility does not mean the Government going it alone for England; it means consultation and engagement to ensure coherent policy even if there are differences. So what discussion and consultation took place with the devolved Governments before the Prime Minister’s announcement? And I have to ask: is it really true that they heard about the change of advice from “Stay at home” to “Stay alert” in the media and on Twitter? The noble Baroness attends COBRA meetings so she will be aware of the weekly meetings with the leaders of the devolved Administrations. Were the differences in policy discussed at those meetings? Can she also confirm that the meetings will continue to be weekly? It seems even more important now that they are so, if they are not, why not?

At a smaller, regional level, how accurate is that R figure in identifying regional and local differences? We see that the information regarding infections and deaths is given at local government level. Can the R rate be identified in the same way?

I want to ask about the advice on going back to work, which still appears to be that if you can work from home then you should do so. Many decisions will be predicated on social distancing and other protection measures being in place. I have real concerns about workplaces where there is no proper system for challenging decisions that are taken by an employer or manager. Should employees have little or no confidence that a proper risk assessment at the workplace has been carried out or acted upon, what support will the Government provide to protect their health, or in the event of any threat of job losses just for asking questions? I have to put this to the noble Baroness as well: does she consider that the Health and Safety Executive is fit for purpose on this front? Does it have both the capacity and the political support?

Today we have had more detail on how social distancing will work on public transport and where capacity is to be dramatically reduced. However, given that demand to travel on buses, trams and the Tube may start to outstrip supply, how will the Government ensure that transport networks are not overwhelmed by those just trying to get back to work, as the Government have advised?

It is also suggested that primary schools will go back in June. In the interests of the wider workforce, is guidance being prepared for schools and nurseries on how long children should attend for each day? If that were provided, it could help the public, employers and employees to properly plan ahead. On all those issues, can the noble Baroness confirm that genuine consultation with the relevant trade unions will be part of the decision-making and implementation process?

As we move to the next stages and some parts of everyday life begin to reopen, it is even more important that we get shielding and support for vulnerable people right. What are the Government doing to improve their efforts to identify and notify those in high-risk categories? Local authorities are reporting huge errors. They initially raised their concerns that the numbers seemed too low, but were not asked to contribute their knowledge as data identification was being undertaken centrally. It now appears that thousands of people were initially missed off, and in some areas local authorities have been told that the numbers of citizens to be shielded have more than doubled in the last week. That is a lesson to us all that local authorities have a vital role to play, given their understanding and knowledge of their communities, and that we have to work in ongoing partnership with them to make improvements and harness their local knowledge.

A huge amount is being asked of individuals over the coming weeks. People will rise to the challenge and do their best to keep themselves and each other safe, but it is not just an individual responsibility; it is a collective one and the Government must maintain their end of the bargain. That means delivering on testing, tracing and PPE for front-line workers.

Over the past few months our lives have changed. Thousands are grieving for loved ones. We have seen extraordinary efforts and commitment to manage and eradicate the virus and support individuals and communities. Staff in the NHS, in caring, in transport, in retail, in pharmacies and so many other public-facing roles that we rely on have done so much. We have a responsibility to them to prepare for the future, to do what we can to get the economy moving and to support people in getting back to work, but with great caution, as well as hope for what our country might become when this horrible disease is no more.

Anti-social Behaviour, Crime and Policing Bill

Debate between Baroness Smith of Basildon and Baroness Henig

Monday 20th January 2014 Lords Chamber

[Baroness Henig (Lab)]

My Lords, in moving this amendment, I draw attention to my interests in policing and private security as set out in the Register of Lords’ Interests.

The Minister will no doubt be pleased to hear that this amendment represents my final attempt to introduce business licensing of companies engaged in the private security sector within the framework of the Anti-social Behaviour, Crime and Policing Bill. As he will be aware, the Bill constrains the form in which my amendment can be framed. As I will explain, however, it is still my belief that the goal of business licensing of companies working in the private security sector can be achieved more effectively in this way than by the alternative routes the Government are proposing.

There is almost complete agreement across the industry, and certainly in the Home Office, that the licensing of individuals working in private security has had a beneficial effect in driving up standards and increasing public confidence. Regulation has been a force for good, as the industry has argued, by marginalising criminality and giving confidence to the purchasers of security and to the general public that they will be contracting with properly vetted and properly trained workforces.

This is increasingly important as private security firms take on more and more responsibility for safeguarding public space and looking after sensitive national infrastructure. For three years now the industry has been arguing for business licensing to build on what has been achieved in the past decade and to provide effective regulation of a sector that plays such a vital role—and a rapidly expanding one—working alongside the police, in counterterrorism activities, and with a wide range of public agencies.

The reason that no progress has been made since 2010 is clear. Within the Department for Business, Innovation and Skills and the Cabinet Office there is a determination—one might say almost an ideological fixation—that no new undue burdens should be placed on businesses, regardless of considerations of public safety and public confidence, and of the benefits of combating the criminality that still lurks in the industry. Any regulatory changes, they insist, must be proportionate and targeted; and this part of the Government has yet to be convinced that the benefits of business licensing of private security companies will outweigh the costs and that it is really necessary.

This, I believe, is why the Home Office is proposing two possible alternative routes for progress in this matter; both, in my view, profoundly unsatisfactory. The first suggestion of the Home Office is to introduce business licensing of private security companies through secondary legislation. The disadvantage of this approach is that it cannot be enforced by a range of appropriate and effective sanctions. Regulation without enforcement is worse than the existing situation, because it plays into the hands of the unscrupulous and the downright criminal, and penalises conscientious and law-abiding businesses. The essential feature of regulation is that it must be effective. The industry has legitimate concerns, and has made its view clear, that business licensing introduced through secondary legislation cannot be effectively enforced.

The second Home Office proposal is to find an MP who comes high up in the annual ballot for Private Members’ Bills in 2014 to agree to introduce business licensing by this route. The cynicism of this suggestion takes my breath away. How many Private Members’ Bills ever make it over the many hurdles put in their way to the statute book? Is this the way to engage with an important industry that turns over up to £6 billion annually? The Home Office must know that without government support this route is extremely unlikely to yield any concrete result, yet blithely suggests that this is a credible option owing to its own inability to overcome the objections of the Department for Business, Innovation and Skills and the Cabinet Office and bring in primary legislation.

This is the dilemma that my amendment is aimed at resolving. What it seeks to do is to license, in the first instance, companies with contracts, or that are seeking contracts, to work alongside or with public authorities. That would almost certainly include all approved contractor scheme companies, which covers around 70% of those working in the sector. My amendment backs this up with a full range of enforcement powers and the ability to exchange information about those companies licensed across government and public agencies. The remainder of companies working in the private security sector—almost certainly the smaller companies and the one-man businesses the Government are so concerned to protect—could then be dealt with in a few months’ time by a second set of provisions. Indeed, secondary legislation might well be utilised here. I ask the Minister: would secondary legislation be possible to complete this process? If not, a small targeted Bill in the next Session could easily be taken through to license those companies that did not come into this first tranche of my proposals.

I can see merits in this two-stage approach, but I am aware—and I have to say this—that some industry leaders are worried about it on the grounds that it adds a layer of complexity to an already complex set of industry regulations. But all private security industry leaders want an effective range of sanctions to underpin regulation, and they also all want the effective exchange of information, which will not be secured by the routes the Government currently have in mind. If the Minister could give an assurance that a second stage of business licensing to cover those companies not covered by this amendment will follow relatively quickly, this would achieve the goal of business licensing of the private security sector more effectively than the alternatives the Home Office is proposing. Therefore, I hope the Minister will accept that I am trying to be extremely helpful.

Finally, subsection (1) of the proposed new clause repeals the clauses that have been on the statute book since 2010 and that were brought in to deal with the licensing of wheel-clamping businesses. They were dealt with by the coalition Government in a different way. Since that time the provisions have remained on the statute book, giving the confusing impression that business licensing is already in train. For the sake of clarity, therefore, these provisions need to be repealed. I beg to move.

[Baroness Smith of Basildon]

My Lords, your Lordships’ House should be grateful to the noble Baroness, Lady Henig, not only for the expertise that she brings to this issue—and she declares her interests in that—but for her commitment in ensuring that we get some proper regulation of the private security industry. It is something that the public want and it is something that the industry itself is looking for. I would hope that the Minister would accept this or bring something back.

I would be surprised if the Government are at all reluctant to have such regulation, given that the groundwork has already been done. Back in 2010, during the public bodies review, the Government announced their intention to have a,

“phased transition to a new regulatory regime”.

The work has been done by many of those bodies involved in this sector. I am told by the International Professional Security Association that despite,

“positive engagements between all parties and three years of hard work on all sides we remain disappointed that there is still no primary legislative vehicle confirmed as the most appropriate means to reform the regulator, introduce a scale of proportionate enforcement sanctions and establish a working gateway for information sharing between the regulator and HMRC”.

As my noble friend Lady Henig explained, there is confusion about the measures taken in the Crime and Security Act, particularly around wheel clamping. People think there is regulation when there is not.

I was quite surprised to receive information from the Security Industry Authority showing how vast the private security industry is. The scale is changing rapidly. The Government have a responsibility, given that the level of state reliance on private security services is very high. The public rightly expect high standards, but they perhaps also expect that, if standards fall below the required standard or if something goes wrong, something can be done and action can be taken to deal with that.

If we look at the scope of the private security industry, most days Members of your Lordships’ House will see members of the private security industry if we go shopping, fly from an airport or use public transport. They also support police activity and guard elements of our national infrastructure. The private security is also involved in magistrates’ courts and prisoner transfers. The Security Industry Authority now licenses more than 330,000 individuals. That does not cover all those working in the industry, but that is still about twice the number of police officers in the UK. It is clearly an area where there has to be efficient and effective regulation.

We are seeing the public increasingly coming into contact with the private security industry. They have a right to expect high standards from the industry, but they also expect government to take some responsibility, particularly when the private security industry is carrying out government functions. I mentioned the transfer of prisoners, and custody is another example. The consequences of a mistake—and mistakes happen in any environment—can be extremely serious and extremely high profile. I urge the Minister to accept this amendment. I think my noble friend has given us an opportunity and a way forward, and the Minister and the Government should perhaps consider the mix of primary legislation followed by secondary legislation in order to give the same effect.

My noble friend is quite right to reject the route of a Private Member’s Bill. I know that practically the only Private Member’s Bill we will be discussing in your Lordships’ House in the next year will be the European Union (Referendum) Bill. There are more Fridays put aside for that than I have ever known in your Lordships’ House. I am an admirer of Private Members’ Bills. I got my own Private Member’s Bill on to the statute book back in 1998 in the other place, but I recognise how unusual that is, and it was not as detailed or as comprehensive as the legislation we need for this.

Clearly, legislation is essential. I think my noble friend Lady Henig has given the Minister an opportunity to take this away, look at it and see what can be done in primary legislation and what can be followed up in secondary legislation, unless the Government can come back with some way of doing this very quickly in primary legislation. I know the work has been done, but I have to say to the Minister that if something were to go wrong because of a failure of regulation, it would be dreadful when we have the opportunity here and now to do something about it.