(1 year, 7 months ago)
Lords ChamberMy Lords, there is little more for me to say, other than to thank noble Lords for their contributions to this debate and for the way in which, amid many doubts and hesitations, Members of the House have been willing to look for compromise and common ground on what I know has proved a difficult set of issues.
I thank in particular the noble Lord, Lord Grabiner, especially for his positive comments and remarks on the role of the regulator, as well as my noble friend Lord Lucas, the noble Lord, Lord Triesman, and, for his words about the need for us all to look for consensus, the noble Lord, Lord Collins.
I simply say to the noble Lord, Lord Wallace, that I too instinctively fight shy of the suggestion that Governments should unduly interfere with the workings of our universities. However, some of his remarks suggested to me that he does not accept that there is a serious problem to be addressed. If that is his view, I believe that he is in a minority in this House.
I think we have a large social problem, which has been partly raised by social media, in the intolerance of the young as a whole and cancel culture. It stretches across our society and we have to deal with it, but it is not purely a problem for universities, nor is it thoroughly based in universities—and it certainly does not result from indoctrination by left-wing staff.
I am grateful to the noble Lord, but I think we all agree that universities, par excellence, are places that should be safe spaces for freedom of speech, as my noble friend Lord Willetts said, whatever may happen outside the confines of the campus.
As to the timing of the coming into force of the Bill, I can tell the noble Lord that it will not be before the start of the next academic year. The Government need to consult on the regulations and indeed draft them, which will take a little time.
I simply cannot agree with the noble Baroness, Lady Fox, that my noble friend Lord Willetts’s amendments represent a fudge—in other words, a watering down of the tort or a “soft tort”, as my noble friend Lord Moylan put it. With respect to my noble friend, I utterly disagree with him that the amendments send a signal, or any semblance of a signal, to the other place or the world that the Government are not serious about protecting freedom of speech in our universities. The idea of watering down, I suggest, is more theoretical than real.
As I said earlier, the vast majority of complaints will be successfully handled and dealt with without any need to go to court. However, where a complainant believes that that has not happened, they will still have the option of going to court. In other words, the amendments from my noble friend Lord Willetts underscore what we think will happen anyway.
I hope that Members of another place will come round to that view and that both Houses of Parliament will reach the endpoint that Ministers and the Government have felt it their duty to try to achieve, which is consensus.
(2 years, 7 months ago)
Lords ChamberMy Lords, this has been a very useful debate, which has yet again exposed how unco-ordinated and ill thought through this Bill is. I strongly agree with what the Minister said: local elections are different from national elections. Indeed, in the late-night debate we had last week on overseas voting, it was pointed out that overseas electors are allowed to vote in our national elections but not in our local elections. If there is a good, rational argument for that, then there is an equally strong argument why long-term residents in Britain should be allowed to vote in local elections but not in national elections. If one were to think these things through, and clearly the Government have not, we would be moving in that sort of direction.
Similarly, if we had automatic voter registration, the complexities of residents and non-residents would be clearer. Incidentally, the logic that says overseas electors are not allowed to vote in local elections because they no longer have any connection with the local area goes completely against the logic that they should be allocated to constituencies, which they have lost touch with over the decades since they were in Britain. That is why I put down the amendment on the creation of overseas constituencies, but that has not been thought through either.
We all understand, as someone said to me at the weekend, that the Bill is driven by staff in No. 10 who are above all concerned with increasing the chances that the Conservatives win the next election. One of the strongest arguments for prioritising overseas voter registration over other categories is that they are thought to be more likely to vote Conservative.
I am grateful to the noble Lord for allowing me to intervene. As I understood it, it was official Liberal Democrat party policy to scrap the 15-year rule that has existed up to now on overseas voters. Can he confirm that that is the case, because that is what the Bill does.
Yes, and to create overseas constituencies. I am looking at the noble Lord, Lord Altrincham, who was deeply shocked to be told by the noble Lord, Lord True, in a meeting a few weeks ago when he recommended the creation of overseas constituencies on the French model that that was Liberal Democrat policy. I hope he has now recovered from the shock.
There are tremendous problems with the Bill and the failure to connect all these dimensions. We will come in the sixth group to one of the other reasons why the Conservatives want to push ahead with extending the rights to overseas voting without thinking through the other dimensions of it, which the Liberal Democrats have thought through—the expectation that, once overseas voters are on register, they will be able to increase the systemic advantages—
(2 years, 7 months ago)
Lords ChamberWould that be without any cap on the size of the donation offered? Would the Minister consider that a cap on the size of a donation offered by, for example, Sir Philip Green might be appropriate?
I will come to the subject of caps on donations in a moment.
On Amendment 212E, the noble Lord, Lord Rennard, recently tabled a Question for Written Answer about the uncommenced provision in the 2009 Act. This provision, Section 10, refers to residence and domicile for income tax purposes as a criterion for permissible political donations. Although a response was issued to him by my noble friend Lord Greenhalgh on 14 March, I hope that it will be helpful if I repeat it briefly for the benefit of the Committee.
The Government have no current plans to bring into force the uncommenced provision, Section 10 of the Political Parties and Elections Act 2009, regarding donations from non-resident donors. There is a very good reason for this: the provision is not workable given that an individual’s tax status is subject to confidentiality. It may therefore be difficult or even impossible for the Electoral Commission, political parties and other campaigners to accurately determine whether a donor meets the test set out in Section 10.
Furthermore, as a matter of principle, taxation is not connected to enfranchisement in the UK. If a British citizen is able to vote in an election for a political party, they should be able to donate to that political party subject to the requirements for transparency on donations. There is clear precedent here. Full-time students are legally exempt from paying council tax but still have the right to vote. Likewise, those who do not pay income tax rightly remain entitled to vote. For these reasons, the Government cannot support these amendments.
The other key theme that this debate has focused on is that of donations made by companies or other entities such as unincorporated associations. I will address Amendments 197, 198, 200, 210, 212 and 212G in the remarks that follow. As I have said before, only those with a legitimate interest in UK elections can make political donations, such as UK-registered companies which are carrying out business in the UK, trade unions and other UK-based entities. There is only a very limited exception to this, whereby, as I indicated earlier, for political parties registered in Northern Ireland permissible donors are a wider category.
The law is already clear that, if a company wants to donate to a party or fund a campaign, it must be a permissible donor. The recipient of a donation is responsible for checking that the donor is eligible; that is to say that it is registered in the UK and carrying out business in the UK. The recipient must also report the relevant donations to the Electoral Commission quarterly, and weekly during election periods. To ensure transparency about party funding, donation reports are published by the Electoral Commission on its online database.
Unincorporated associations are permissible donors only where they carry on business or other activities wholly or mainly in the United Kingdom and where their main office is in the UK. Further to this, any unincorporated associations making political contributions of more than £25,000 in a calendar year must notify the Electoral Commission and are subsequently subject to various reporting requirements relating to their own funding. Members’ associations, many of which are unincorporated associations, are separately regulated as regulated donees and must report on donations and loans that they receive.
Amendment 197 would introduce a new obligation on unincorporated associations to take all reasonable steps to check whether donations they receive intended for political purposes come from a permissible donor. At first glance, “all reasonable steps” appears perfectly reasonable. However, this would represent a significant change for unincorporated associations which, as I outlined previously, are already subject to significant reporting requirements. It singles them out from other types of donors and puts them instead closer to the level of political parties in their due diligence obligations. This could mean many voluntary groups and local sports clubs and societies all facing a significant extra due diligence cost simply because they fall into an unlucky category. That does not strike me as fair, and I would be concerned about the possible chilling effect on democratic participation of those groups.
Amendment 198 is an attempt to restrict donations from organisations. As drafted, it would exclude UK-based companies with fewer than five employees from making donations. Furthermore, it is unclear how one would determine who has “significant control” of an unincorporated association, as their governance structures are not regulated in the same way as other legal entities. Although I am sure this was not the intention, it demonstrates quite well the risk of serious unintended consequences if amendments which place restrictions on who can participate in our democracy are made with haste and without consultation. Furthermore, Amendment 198 would make it an offence for an ineligible company to even offer a donation, regardless of whether it is accepted and regardless of whether it was aware the donation it was offering is impermissible. This is unnecessary.
Donations from impermissible donors are already illegal, and it is the political parties and campaign groups receiving the money, the ones which better know and understand this area of law, which are accountable and responsible for checking, returning and reporting impermissible donations. In addition—this point has been highlighted previously—it is an offence for a donor knowingly to facilitate the making of an impermissible donation.
I am grateful to my noble friend Lord Hodgson for his Amendment 210, which would prohibit donations from individuals or companies that hold public contracts with a value equal to or exceeding £100,000. The complexities of procurement frameworks are slightly beyond the scope of this debate, but let me say that, while well-intentioned, it is not clear how this amendment would operate in practice. Seemingly, there is no limitation on a person making a donation to a party prior to entering into a contract with a public body, and it is unclear whether the prohibition extends beyond the lifetime of the contract and, if so, for how long. It is important to note that the existing legislation already provides for publication of donations to political parties, regulated donees and recognised third-party campaigners, therefore enabling any discerning citizen and our free press to scrutinise any large donations.
I also thank the noble Lord, Lord Sikka, for his Amendment 212. As he explained, the intention of this amendment is to prevent shell companies being used to make large donations. Similar concerns on source of donations underpin Amendment 200 and the substantial Amendment 212G from the noble Lords, Lord Rooker and Lord Butler, which would introduce requirements for registered parties to carry out risk assessments and due diligence checks on donations.
However, as I have already outlined, there are strict rules requiring companies making donations to be incorporated and carrying out business in the UK. Existing rules also prohibit circumventing the rules through proxy donors. That is on top of a legal requirement for political parties and other recipients to conduct permissibility checks and report to the Electoral Commission.
The principle of strengthening the system to provide greater levels of assurance on the sources of donations to ensure they are permissible and legitimate is important. We take seriously the risk of donors seeking to evade the rules. Indeed, the Government recently set out their final position on the reforms to the corporate registration framework, ahead of introducing legislation, in the Corporate Transparency and Register Reform White Paper.
The introduction of mandatory identity verification for those incorporating and filing with Companies House will be essential for making information on the companies register more reliable. It will mean that those with the intention of fraudulently misusing the UK corporate registration framework will have their activities traced and challenged. For example, all directors of UK limited companies will be required to verify their identity in order to be registered, and overseas companies will be required to verify the identity of all their directors. This, in combination with a new power for the Companies House registrar to proactively pass on relevant information to law enforcement and other public and regulatory bodies, including the Electoral Commission, will help ensure that any company making political donations is properly trading in the United Kingdom.
However, we do not want to impose disproportionate legal obligations that hinder the ability of parties and other campaigners to generate funds against the cost of carrying out checks on donations to ensure that they come from permissible sources. To do so would risk it not being cost effective for parties to accept smaller donations and therefore exclude some people from being able to participate in our democracy in this way. The current rules are proportionate and achieve this balance.
(3 years, 3 months ago)
Lords ChamberMy Lords, the noble Lord may be aware that, in the intercameral discussions, the interests of your Lordships’ House are being represented by the noble Earl, Lord Kinnoull. I feel sure that he will have heard the recommendations of the noble Lord, Lord Dubs, in this debate.
My Lords, when I was an extremely junior Lords Minister in the Foreign and Commonwealth Office during the coalition, I was struck by the number of my Conservative colleagues who had no personal contacts, even with conservative Members of other Parliaments across the European Union. On a number of occasions, I was also struck by requests from Conservative Ministers asking me to make informal contact with Ministers in other Governments because I knew them through the European liberal network. Do the Government recognise that informal cross-Parliament and cross-party contact in the very intricate relationship that we will have with the European Union as an outside country would be extremely useful for us as a Parliament and for his Government as a Government?
My Lords, yes, indeed, and that is why there is explicit provision in the trade and co-operation agreement for the setting up of a PPA. We were and remain enthusiastic for the kind of dialogue that the noble Lord is so keen on.
(4 years, 9 months ago)
Lords ChamberTo ask Her Majesty’s Government what plans they have to consult Parliament on proposals to improve the use of data science in government processes.
My Lords, as set out in their manifesto, the Government are committed to improving the use of data, data science and evidence in the process of government. The use of data science across government to help improve public service delivery is underpinned by strong regulatory frameworks, which can be found on GOV.UK. We have engaged with the Science and Technology Committee and the Communications and Digital Committee, and will continue to do so.
My Lords, the noble Earl will be aware from the Science and Technology Committee report of a feeling that the Government have lost momentum since 2015 in the transition to digital government. Is he aware that many of us welcome an active role in making government more digital, but we are conscious that there is a naturally suspicious public out there? The public are particularly suspicious of the sharing of their data with the private sector, and the Government therefore need to carry Parliament and the public with them by being as open as possible. If data science is pushed by the Government from No. 10, with people who used to work on data mining for Vote Leave, under the manically enthusiastic leadership of Dominic Cummings, we are unlikely to get to where we need to.
My Lords, public trust goes to the heart of the Government’s work on data science. People need to know that data is being used wholly ethically by government. They can be reassured on that score by the data ethics framework, which the public sector has to abide by, by the work of the Centre for Data Ethics and Innovation, which advises government on how innovation in AI and data science can be deployed safely and ethically and, of course, by legislation, which protects personal data and people’s privacy.
(4 years, 9 months ago)
Lords ChamberMy Lords, we have all welcomed the arrival of the noble Baroness to this House and her contribution to it. As she knows, the Conservative Party manifesto committed to looking at the role of the House of Lords and to reviewing the relationship between the Government, Parliament and the courts in a constitution, democracy and rights commission. Inevitably, swept up in that will be the kind of question about representation she has posed.
My Lords, the Minister may remember that I was in the coalition Government as Lords Minister responsible for attempting to put a scheme for Lords reform through this House. He may recall that the level of enthusiasm for reform from the Labour Front Bench, as well as from many on the Conservative Back Benches, was moderate to say the least. If we are moving towards reform, does the Minister now accept that the only way we can form a consensus is on a second Chamber which is largely elected on a regional and national basis for a long period?
My Lords, as I said yesterday, the Government believe that it is important for citizens in all parts of the United Kingdom to feel connected to the legislature and politicians and for there to be trust in our democratic institutions. That is one reason why we have committed to establish the commission that I referred to. However, the issue of regional representation is almost certainly germane to any consideration of the role of this House.
(4 years, 9 months ago)
Lords ChamberMy Lords, I know the noble Lord to be a powerful advocate for the idea referred to in his Question. On the one hand, it is the case that some years ago, the Joint Committee on the Palace of Westminster looked at the option of Parliament moving outside of London and decided against it, principally on grounds of cost and the absence of proximity between Parliament and government. On the other hand, there is no reason why these matters should not receive renewed scrutiny and, as I have said, the options are being looked at.
My Lords, is it an indication of the depth of research undertaken by the Government on this that the briefing to the Sunday Times said that one advantage of York is that it is now only three hours by train from London? When I came back directly from York to London last weekend, it took me just under two hours. Does this suggest that the Government have not thought this through?
The Government are now mulling over two suggestions. One is whether to devolve power to the north of England, which they have not yet fully addressed, particularly in refusing the One Yorkshire proposals. The other is reform of the House of Lords, regarding which regional representation for a substantial part of the House is already on the table—something that, again, the Government have not addressed.
My Lords, I agree that those are two important issues. The Government have an aspiration that all parts of the United Kingdom should feel connected to politics and indeed to politicians, including unelected politicians. On his first point about whether the idea of relocating of the House of Lords should be taken forward, I am sure that all logistical aspects would be examined.
(4 years, 9 months ago)
Lords ChamberMy Lords, the Minister quotes from the briefing on the Queen’s Speech on careful consideration being needed, which seems to suggest that very little thought has yet been given to this. Will the careful consideration on the composition and focus of this commission take place within government or in co-operation with other parties, or with interested groups outside government and politics altogether? Is that the wider consideration that is intended?
My Lords, I wish that I could help the noble Lord, but it is simply too soon for me to be able to comment on that. As we heard in the debate in your Lordships’ House last Wednesday, the subject matter under the umbrella heading of the constitution is potentially very broad, so decisions are needed on exactly how broad the commission’s remit should sensibly be.
(4 years, 9 months ago)
Lords ChamberMy Lords, it is clear that this will be a long-term review and will take a considerable amount of time. Meanwhile, our policy towards the Middle East, which has been made very much in close relation with France and Germany, will be left as we leave the European Union at the end of this month without the framework through which we have operated. Are there plans to make some interim arrangements until we come to the end of the review, for example by responding to the proposals floated by the French and German Governments for a European security council, which would keep Britain in the loop?
My Lords, we aim to keep pace with whatever happens in Europe after we leave the EU. However, we have made clear that, while we are leaving the EU, we have committed to strengthen our co-operation with Europe on security, our intelligence services have highly effective co-operation to build on, and, of course, the foundation of European security since 1949 has been the NATO alliance, which will not change.
(4 years, 12 months ago)
Lords ChamberMy Lords, the Minister will be aware that there have been press reports in the past two or three days on this. There have been what look to be official select leaks saying that actually, the report exonerates everyone regarding Russian money. However, the Guardian this morning states that the report deals with allegations that,
“Russian money has flowed into British politics in general and the Conservative party”.
Edward Lucas in the Times this morning reports that he understood clearly that the report was on track towards imminent publication last Thursday and has since been blocked by No. 10. Given those reports, which are damaging for the Conservative Party at the start of an election campaign, does the Minister not think it extremely wise to ensure that the report is published as soon as possible, before it becomes more of a campaign issue?
My Lords, I note the noble Lord’s comments. The governing Act—the Justice and Security Act 2013—makes it clear that the impact of releasing potentially sensitive or sensitive information needs to be considered carefully by the Prime Minister on the advice of civil servants. That process cannot be rushed; I say that with some emphasis.
(5 years, 1 month ago)
Lords ChamberDoes the Minister agree with the following statement in the Commons Library briefing:
“Long prorogations … can give rise to fundamental questions about whether the Government of the day still commands the confidence of the House of Commons and therefore whether it can legitimately continue to govern”?
Has he had access to the paper on the impact of a no-deal Brexit which the Daily Mail tells us the Government have now decided not to publish and which says that we are heading towards an entirely foreseeable, major national crisis in our economy and society within the next eight weeks if we crash out with a no-deal Brexit? Would he regard that as the sort of depth of crisis which required Parliament to be recalled?
(5 years, 3 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Selkirk, mentioned the importance of the Polish contribution in this respect. I have found on several occasions, in the referendum campaign and since, that people argue that we British beat the Germans in two world wars and now they are trying to tell us what to do. I have tried to argue that we had some help from other countries. I think that there were troops of 30 nationalities under Britain’s command at Normandy. Can we ensure that the memorial and the education centre stress the collective activity that made this a tremendous success?
My Lords, my understanding from the trust is that that is exactly its intention. The overwhelming majority of the 22,442 names on the memorial will be British, but troops of 38 different nationalities will be commemorated. Predominantly they were from Commonwealth countries and Europe, but there is also provision to record the contribution of the Merchant Navy, French agents who were parachuted in to observe German movements and the SOE, as well as war correspondents.
(5 years, 4 months ago)
Lords ChamberMy Lords, I hardly accept anything that the noble Lord has just said. I do not believe that the Government’s scheme for previously employed interpreters is a travesty. I was glad to hear the noble Baroness, Lady Coussins, endorse the quality of the scheme because uniquely in the world it is there to provide for our former staff and their families, who have played such a generous role in supporting UK and NATO staff in Afghanistan. In total, through our ex gratia redundancy scheme, around 500 former staff and their families have relocated to the UK, which represents around 1,295 individuals in total. In June last year the then Defence Secretary announced that the criteria had been even more generously expanded. We are the only nation with a dedicated investigation unit in-country to investigate and provide solutions to intimidation.
My Lords, I regret that I have to speak from these Benches rather than my friend the late Lord Paddy Ashdown, who would naturally have spoken on this Question and knew so much more than I do. Can the Minister confirm that so far we have accepted, I think he said, some 500 out of a total of 3,500 interpreters that the British had in Afghanistan, while the United States has offered asylum to 9,000 Afghanis? It does not seem that the British position is quite so unique. Can he also comment on the fact that the leading candidate for his party leadership is deeply and publicly committed to British forces spending more time in more conflicts east of Suez? If he becomes Prime Minister, it is likely that in future conflicts we will need local interpreters for the languages spoken, so our reputation as regards how we care for interpreters afterwards matters for the future as well as for the past.
I agree, which is why we have been careful to create not only one but at least two very generous schemes for former interpreters. Those schemes do not necessarily involve relocation to the UK. They may involve relocation in-country, they may involve financial compensation, or indeed they may involve retraining for another career altogether, and we provide the means for them to do that. In the majority of cases, I would be very surprised if complaints were raised against the UK, although I take note of the report in the Times last week, to which we are paying close attention.
(5 years, 7 months ago)
Lords ChamberTo ask Her Majesty’s Government what they consider to be the minimum size and composition of a United Kingdom aircraft carrier task force when deployed to the Pacific.
My Lords, the United Kingdom carrier strike group will achieve initial operating capability in December 2020 and deploy in 2021. The size and composition of that group is set by the deployment requirements as determined during operational planning.
I thank the Minister for that non-Answer. Can he confirm that the normal aircraft carrier task force requires two, three or four frigates, one or two submarines and a couple of support ships, and that to maintain a task force of that size in the Pacific requires at least as many ships at home, in maintenance or on their way in and out? Does he recall the Secretary of State for Defence’s speech at the Royal United Services Institute some weeks ago, in which he promised that we intend in our future global deployment to keep six ships permanently in the Gulf and maintain a permanent presence in the Caribbean and the Asia-Pacific? He said:
“Our vision is for these ships to form part of 2 Littoral Strike Groups complete with escorts, support vessels and helicopters. One would be based east of Suez … and one based west of Suez in the Mediterranean”.
Is the Minister confident that the Navy is capable of supporting all these parts of the Secretary of State’s vision?
My Lords, we will always have a sovereign task group capability. As I said, the carriers will operate as part of a maritime task group, which will be tailored to meet the required tasks in a particular case. The precise number and mix of vessels deployed would depend on operational circumstances. As the noble Lord knows, we will be able to draw on a range of modern and highly capable vessels to support the carriers, including Type 45 destroyers, Type 23 frigates, Astute-class submarines and, in due course, Type 26 frigates. We will also work routinely with ships from allied navies.
(5 years, 9 months ago)
Grand CommitteeMy Lords, I thank all noble Lords who have spoken for their questions. If noble Lords will bear with me I will do my best to answer them, although not necessarily in the order in which they were asked.
The first question of the noble Baroness, Lady Hayter, was about the lack of an impact assessment. As I said in my opening remarks, this statutory instrument was designed to ensure continuation of the current system where possible. The impact of the amendments, including the replacement of the OJEU with the UK e-notification service, was deemed, after a de minimis impact analysis, to be below an annual cost of £5 million, which is the critical figure in this context. Consequently, in line with published guidance, a full impact assessment was not required or produced. We do not anticipate that the costs of complying with the amended regulations will be very great: in fact for all practical purposes they will be unchanged, because this amendment only fixes deficiencies and removes reciprocal rights—it does not change processes and procedures that would affect the cost of running or participating in a procurement under the regulations. That is why there was no consultation.
If I understand the Minister correctly, paragraph 12.3 should therefore read: “Provided that there is a withdrawal agreement, the impact will be limited, but in the event of no agreement there will be a considerable and adverse impact”.
No, my Lords. These regulations are designed to ensure that the experience of businesses using the public procurement system is virtually unchanged from today. Our aim has been to produce as smooth a transition as possible—even in the event of no deal. Of course, as the noble Lord, Lord Adonis, has pointed out, there will be changes in the wider context of bidding in the European market; I will come to that in a minute.
The noble Baroness, Lady Hayter, asked what would happen if exit day was deferred. If that were to happen, and the withdrawal Act amended, that would feed directly through into these regulations, so no specific amendment would be required for that. She also asked me about the GPA thresholds and how they will be published. To update the thresholds, the Minister for the Cabinet Office will need to exercise the new regulation-making powers conferred by this instrument. The new thresholds will, therefore, be reflected in the public procurement regulations themselves and be publicly available and notified by procurement policy notice.
The noble Baroness, and the noble Lord, Lord Wallace, asked about the GPA. As I said in my opening remarks, the UK currently participates in the GPA via its EU membership. We need to accede to the GPA in our own right to maintain legally guaranteed access to public contract opportunities that the GPA provides. The offer that we have made to GPA parties maintains our existing commitments in the UK part of the EU schedule. The European Union (Withdrawal) Act 2018 aims to ensure as much continuity as possible. It is, therefore, the UK’s intention to join the GPA in its own right and, ultimately, to transpose the other international agreements between the EU and third countries. Accordingly, all suppliers should continue to be treated equally and fairly through open competition. Keeping our procurement market open to international competition clearly ensures better value for money for the taxpayer and facilitates UK suppliers being offered reciprocal rights to participate in procurements abroad.
Noble Lords asked me what would happen if our GPA accession did not take place by exit day. We have made good progress in our accession process and, as I said, we have received agreement in principle to our GPA market access offer. Despite this progress, we have taken the necessary precautions in the event that the UK’s application to accede has not been fully completed by exit day. In this scenario, economic operators established in territories and states that are GPA parties would no longer have the guaranteed access and associated remedies that they currently have in relation to UK public procurements. One of the amendments in the public procurement regulations guarantees continued access, rights and remedies for suppliers from GPA countries for a time-limited period from EU exit. This approach has been taken to mitigate the risk of a short gap in GPA membership. This will facilitate UK suppliers being offered reciprocal rights to participate in procurements abroad.
The noble Lords, Lord Wallace and Lord Adonis, asked about the attitude of other countries—New Zealand and China in particular—to what we were doing in relation to the GPA and standards. New Zealand has, in fact, accepted our final market access offer. It continues to be interested in other aspects of the UK’s WTO membership. China’s application has been in train for many years and I am advised that it is unlikely to be completed in the near future. There will be no change to the standards that we currently operate. A draft decision inviting the UK to join has been sent to all GPA parties. It is expected that the formal invitation will be issued at a committee meeting this month. Parties were interested in how the decision described the UK’s relations with the EU during the transition period.
The noble Lord, Lord Wallace, also asked about oversight carried out by the Competition and Markets Authority. This instrument does not provide for oversight by the CMA of the public procurement regime. Aggrieved suppliers will, however, continue to be afforded the remedies provided for in the regulations. In that way, contracting authorities and other entities will be held to account by the courts.
The noble Lord, Lord Adonis, asked various questions about the Official Journal of the European Union and the publication of contract opportunities. In a no-deal scenario, the UK is unlikely to be afforded access to the Official Journal for the purposes of advertising public contracts. That is simply a facet of no longer being a member of the EU, and that is why we have developed our own system to which UK bidders, EU bidders and bidders from the rest of the world will have access and in which they will be able to see UK public procurement opportunities. UK authorities may continue to advertise some types of procurement opportunity in the Official Journal—where the UK is participating in EU research and development projects, for example—though we anticipate that being a relatively rare event.
I take the noble Lord’s point entirely. I need to seek advice on the question that he asked me about Switzerland and Norway, as I do not have that information to hand, but clearly, to the extent that we are allowed to avail ourselves of the OJEU in any public procurement context, it will be an advantage. However, I am advised that the new UK e-notification system which is being developed will be accessible by the same portal that suppliers use at the moment. To that extent, the process which they go through will feel quite normal. I can advise the noble Baroness, Lady Hayter, that the new system is on track to be in place by 29 March 2019.
My Lords, am I correct in thinking that provided we have an agreement as we leave and therefore also a transition period, during that transition period many of the same arrangements will continue? If so, it is possible that the answer to the question asked by the noble Lord, Lord Adonis, is that during the transition period we will continue to have access. The question of what happens after 2020, 2021 or whenever it is has to be negotiated; the future relationship negotiations have not yet begun.
The noble Lord is absolutely correct. Clearly if the agreement proposed by the European Commission is agreed, or something like it is agreed, the implementation period will kick in, and therefore we will be as if a full member of the European Union for purposes of public procurement. There will then be the question of what long-term arrangements are negotiated by and through the Commission.
In that case, the impact assessment for no deal should have been part of the statutory instrument. I read it as being partly about no deal and partly about the withdrawal agreement, because if we leave with a deal before we have completed joining the GPA the consequences could be quite substantially adverse.
The two situations would indeed be very different. The Government hope that Parliament will agree a deal, which will make for a much smoother transition in the implementation period for businesses, private citizens and everybody else than if there is no deal. However, as has been said many times in the Chamber, it behoves a prudent Government to prepare for these contingencies. Unlike the statutory instrument we will debate next, this one is purely designed to address the contingency of no deal.
(6 years, 4 months ago)
Lords ChamberTo ask Her Majesty’s Government what is the strategic rationale for the deployment of Royal Navy ships east of the Malacca Straits.
My Lords, these ships are present in the region to provide a clear and substantive demonstration of the UK’s commitment to the peace, security and prosperity of the region as a whole, as well as to demonstrate support for the rules-based international system.
My Lords, is that demonstration short term, or do the Government intend to maintain those three ships on station east of the Malacca Straits? The Minister will recall that when a Labour Government decided 51 years ago to withdraw from the east of Suez, part of the argument was that keeping a ship on station east of Singapore required another four naval ships in place to prepare for moving out and so on. We require virtually half of the British Navy to commit to keeping three ships in the South China Sea. If we follow the Foreign Secretary’s promise—as we always do—and send an aircraft carrier with a full complement of support ships east of the Malacca Straits, with aircraft on board the carrier, that would be half of the British Navy already. Probably most of the British Navy would be committed to the South China Sea. Is that really a strategic priority over the defence of our waters and the seas around Europe?
My Lords, Royal Navy deployments are thought about and planned very carefully. They are also kept under regular review. The judgment of Ministers, and, indeed, of the Royal Navy, was that these deployments would fulfil multiple important objectives for UK plc. That remains the case.
(6 years, 8 months ago)
Lords ChamberMy Lords, of course I shall withdraw the amendment, but I shall make a couple of comments. It is clear that we will have to return to this at the next stage if the Government do not provide any more detail. First, on the role of the Lords in considering Bills such as this, the noble Baroness said—as the noble Lord, Lord Callanan, said on a couple of occasions—that this is a largely mechanical Bill. Well, it is a mechanical Bill that gives very wide discretion to the Government to design our future relationship with our most important security, political and economic partners. So a House that concerns itself not with whether the principle of the Bill is correct but with the detail is entirely in accord with its role to ask for detail on what that discretion will be used for.
It would be easier to accept that this is a mechanical Bill and not to raise these difficult questions one after another if we had some confidence that the Government actually know what they want in these areas. Part of our problem is that many of us have no such confidence. I do not think that the Foreign Secretary has a clue about what he wants by way of a future relationship with Europe: I doubt whether he has really thought about it for more than three or four minutes. He is too busy thinking about the next anecdote he is going to tell or the next joke he is going to make. His speech last week was a disgrace for a Foreign Secretary: the Prime Minister’s was of an entirely different quality. For a Conservative Party that has always prided itself on its commitment to a strong foreign policy, it must be a real embarrassment that we still have someone in place who is incapable of giving a serious speech on foreign policy. So this House is fulfilling its proper role in asking for detail on the implications of the Bill.
Secondly, I take up what the noble and gallant Lord, Lord Stirrup, said: the engine room is important.
My Lords, I think it is against the rules and the spirit of this Chamber to criticise a Member of another place by name. I hope that the noble Lord will see fit to moderate his comments accordingly.
I apologise for being perhaps a little stronger than I should have been in this respect. On the engine room—I wanted to return to the noble Earl, Lord Howe, on this—much of the business of multilateral organisations, be it NATO or the EU, is done in working groups and committees. The common foreign and security policy structure has some 40 working groups and committees, including a military committee that has been chaired by a British officer. If we are not in any of those working groups, we will miss out on formulating policy.
There are other details that matter a great deal. I remember the noble Earl, Lord Howe, saying on one occasion, when some of us were following the noble Lord, Lord West, and asking, “Where are you going to find the frigates to make up the carrier groups that we need?” The noble Earl said, if I remember correctly, “They do not necessarily have to be British frigates”. I took him as meaning that they might be Dutch, French, Belgian or whatever. Well, that also needs a certain structure, with certain training mechanisms and certain multilateral commands.
(7 years, 9 months ago)
Lords ChamberMy Lords, does the Minister recall that the insertion by Lord Cranborne—now the noble Marquess, Lord Salisbury—of this dimension into the 1999 Act was intended precisely to make it more difficult to put in a halfway reform and to ensure that when we moved further on the question of elected hereditaries, we moved towards some form of comprehensive reform? Does he also accept that the main thrust of the noble Lord, Lord Grocott, in this is to get rid of the elected hereditaries, but to stop there and go no further?
(7 years, 11 months ago)
Lords ChamberMy Lords, the Government have established a large and very impressive marine conservation zone around the BIOT. There have been some suggestions that that needs policing and that therefore there are jobs for Chagossians who might not just visit but work on the islands. How do the Government intend that that marine conservation zone should be policed against the many fishing fleets that would like to use it? Have we consulted with the Americans about this, and do we expect the Americans to be on the Chagos Islands for the foreseeable future—for the next generation? If we are talking about the future, how are we planning for the long term?
My Lords, what has happened is a rollover of the current agreement, which had a break clause at the end of 2016. By not breaking silence, as it is officially termed, we are allowing that rollover to take place for the next 20 years. We declared the marine protected area that the noble Lord referred to in 2010. It is highly valued by scientists from many countries. They consider it a global reference site for marine conservation in an ocean that is already heavily overfished. We are aware that some concerns have been raised about the motives for the creation of the marine protected area; in other words, that it might have been designed to thwart future resettlement. I categorically repudiate that suggestion. We are very serious about conserving that area. Unfortunately, I am not aware of any employment prospects that could arise from this.
(8 years ago)
Lords ChamberMy Lords, the UK’s decision to leave the EU has not changed our position on Russia. We will continue to protect the UK’s interests and those of our allies and partners. We will continue to engage with Russia in key areas of shared interest to promote our values—including the rule of law, human rights, and so on—and to build stronger links between the British and Russian peoples, as I have said. NATO will remain the bedrock of our security.
My Lords, cyberattacks of one sort or another have been a frequent way of trying to destabilise the Baltic states. Can the Minister say how closely we are working with the Baltic states in coping with this form of hybrid warfare?
The noble Lord is right. We are developing a better understanding of the tools and levers that Russia may seek to use. We know more now about how Russia plans, conducts and controls hybrid activity, including the use of cyber. Russia is modifying its approach. We are trying to stay a step ahead. To that end, we are pursuing a coherent approach. We have a long history of effective co-operation and co-ordination with our allies. As the noble Lord will know, we have created the National Cyber Security Centre, and we work closely with our allies in this field.
(8 years ago)
Lords ChamberMy Lords, given that the Royal Navy is already short of manpower, it is quite likely that any royal yacht would have to be manned by people recruited from abroad. Does the Minister consider that we would do better to recruit them from within the European Union, or given that this is a more traditionally imperial matter, from Calcutta and Hong Kong?
(8 years, 6 months ago)
Lords ChamberMy Lords, I hope that the noble Lord has not yet got out his walking maps, but we shall see. I conclude by pointing out that the phasing argument is about the time it takes to train the people from within the United Kingdom who we need to supply skills in our schools and hospitals. We have not yet been informed about the new schemes which the Department of Health and the Department for Education will undertake to provide. However, we know that from April 2017 schools and hospitals will pay an additional £1,000 per person per year for everyone recruited from outside the European Economic Area, although I think I may have heard the noble Earl say that independent schools will have to pay only £330 because they are charities, which raises some interesting questions to which we may also wish to return.
We are reassured by that, but I may wish to take it up further with the Minister. Meanwhile, we are not satisfied. This imposes additional charges on the public sector which is already hard pressed. We have not yet heard sufficient about the additional training which the Government, as employers, need to provide from departments other than the Home Office. We are depressed by the news that the Department for Business, Innovation and Skills is cutting the staff it has to promote skills and employment within the United Kingdom. We therefore wish to test the opinion of the House.
(9 years, 3 months ago)
Lords ChamberMy Lords, I am most worried about the statement in this Statement:
“There is a well-planned, integrated strategy to defeat ISIL”.
That is not what it looks like to many on these Benches and elsewhere. We are in an extremely complex situation in the Middle East in which some of our partners are on our side in some respects and on the other side for other purposes. I was being briefed at lunchtime today about the complexities around the Kurdish forces which are involved in the conflict both in Syria and in Iraq, and the deeply ambivalent attitude of the Turks and of the Iraqi Government to their activities. That is merely one of the many complexities that we face.
The coalition, after all, includes Turkey, Qatar, Saudi Arabia, Jordan, and many others, many of which have reservations about how we see the conflict. For many purposes, Iran is effectively now an additional member of the coalition, and one of the strongest forces opposing ISIS. I wish I could see a well-integrated strategy. I fear that it is not possible to have one, given the complexity of the situation facing us.
We are talking about local forces that are engaging ISIS. Jabhat al-Nusra is one of the forces that engage ISIS but I am not entirely sure that we want to support it or provide it with more assistance. Some of the Shia militias in Iraq are not as easy as we would like, and sadly the Free Syrian Army, which we have been training, is not one of the strongest forces in the land. I was also worried by what the Prime Minister said at the weekend about domestic radicalisation and counterterrorism because we are all clear that there are direct links between domestic radicalisation and the actions of some of our allies and partners in promoting radical and jihadist versions of Islam against moderate Islamic practices.
We recognise that the Government are edging towards asking for British planes to be involved in bombing in Syria. A small number of British planes bombing ISIS in Syria is no more likely to resolve the multiple conflicts across the Middle East than bombing Damascus would have done two years ago. There is no shortage of aircraft in the Gulf states and Turkey that are quite capable of bombing ISIS from the air. It worries me that we are told that 30% of the surveillance activities over Syria are being conducted by British planes. That suggests that not many other planes apart from American ones are flying over Syria.
Sadly, some of the Governments have themselves supported radical Islamic groups and are still ambivalent about attacking Sunni groups, however radical or brutal, such as Jabhat al-Nusra. It is not in Britain’s interests to cling to the hard-line Sunni side of a developing Sunni-Shia conflict. Nor is it in our interests to present ourselves to ISIS as an existential enemy—I note that the Statement downgrades “existential threat” to “direct threat”, which is perhaps a little better—when ISIS is a much more direct threat to moderate Muslims and to regimes across the Middle East. We should be working with others to promote a coherent response from the neighbours of Syria and Iraq, which we can support, not repeating the mistake of the 2003 Iraq war when we followed the Americans into bombing and then occupying an Arab country.
Some of Britain’s allies in the Middle East have actively funded radical Islamic mosques and movements in the UK and elsewhere. The Prime Minister’s commitment to combat radicalisation within Britain would be more persuasive if he spelled out to the Saudi Government, in particular, our condemnation of Saudi money funding radical groups, and that the Saudis must now themselves take responsibility for containing violent jihadism among Sunni Muslims.
The Prime Minister responded positively to a request from our Middle East partners that we should conduct an inquiry into the Muslim Brotherhood. It is now time for the Prime Minister to ask them in return to conduct an inquiry into the funding of radical Islamic groups in our territory.
I have some questions, if I may. Which local forces are responding? Do they include Kurdish forces in Syria and Iraq? Do they include the Shia militias? What is their attitude to Jabhat al-Nusra? How many of our Middle Eastern partners are currently flying air strikes over Syria? I was told the other day that only one was doing so—Jordan. In terms of embedded personnel, how many RAF pilots are embedded in US drone units, which are flying drones, including armed drones, over the Middle East? How many embedded personnel from other states are currently embedded in British forces? I have been told that French pilots are flying in RAF strike fighters, for example. We, of course, know about the Dutch in the UK/Netherlands Amphibious Force. Are there others? Would it not be proper, either now or later, to give us at least a Written Statement telling us what the position is the other way round as well?
My Lords, I am grateful to both noble Lords for their comments.
The implication, if not the overt proposition, of the remarks made by the noble Lord, Lord Rosser, was that Her Majesty’s Government had been guilty of bad faith towards Parliament. I ask him to accept that there has been no bad faith towards Parliament. Indeed, that is the last thing that Ministers want.
I take the House’s mind back to the vote that took place in the House of Commons on 29 August 2013. The context of that vote was a proposal to approve UK military action to prevent and deter the use of chemical weapons by the Assad regime. The Motion before the House was not about, and significantly did not cover or forbid, anything else. It explicitly did not recognise the rise of ISIS, which had not by then occurred. What has ensued from those votes?
At no time have British pilots or British aircraft been involved in strikes against the Assad regime under the British flag. The will of Parliament has, therefore, not been flouted in that sense. Indeed, the United States has not been involved in air strikes against the Assad regime. In accordance with a decision of the House of Commons on 26 September 2014 we have been involved in coalition operations against ISIL in Iraq, and we have supported our allies in their operations against ISIL in Syria—notably in surveillance operations. There have not, on the other hand, been any UK airstrikes over Syria. What we are talking about now are US airstrikes against ISIL in Syria, which have included some embedded UK pilots over the last few months.
Embedded personnel are not acting under a UK chain of command. That is why Ministers did not think it incumbent on them to report to Parliament about the potential use of those embeds. I was asked when formal authority was given. I understand that it was given in early October last year by the Secretary of State for Defence and the Prime Minister. Operations conducted by the United States did not in our judgment fall within the scope of the Government’s commitment to return to Parliament if the UK were ever to propose to take military action in Syria.
I naturally regret it if the noble Lord feels that he would have taken a different view. However, it has been long-standing practice by Governments of all colours not routinely to publicise embeds, as they are not our forces or indeed our operations. Those operations are a matter for the forces concerned. The view of Ministers was and remains that there was no need to change that position as these pilots were operating as members of the host nations’ military, so the House should be clear that this is not Britain conducting airstrikes in Syria. However, of course, we confirm the position, if asked. When my department received a request we were happy to set out the position.
I can say, too, that there is a clear legal basis for coalition operations in Syria, which governs any activity that takes place in that country. Any activity by UK personnel embedded within US or Canadian forces will be conducted in accordance with the UK’s interpretation of international law, and of UK law and the appropriate rules of engagement.
With regard to the future, the House will be aware that we do not regularly update either House of Parliament on this routine area of defence activity. As I said, we respond to parliamentary inquiries when those are put to us. UK forces are regularly embedded in the forces of other nations. They have been for many years, and we have a long-standing exchange programme with allies, meaning that there will always be a small number of UK military personnel operating under the command of foreign nations. It would be quite impractical to have some kind of unwieldy, running commentary on military operations conducted by other nations.
I turn to the remarks of the noble Lord, Lord Wallace, many of which I welcomed and agreed with. ISIL cannot be defeated on the battlefield alone. We continue to work to support the kind of inclusive political settlements that would help to deal with the causes of ISIL’s rise. In Syria, this means that we are working to support the moderate opposition and to push for a political settlement.
The noble Lord said that, in his perception, there was no visible sign of a strategy. However, I bring his attention to the fact that there is a very concerted political mechanism overseeing the campaign against ISIL, of which the military component is only one part. That strategy involves a number of key nations. There have already been two significant meetings, at Lancaster House and in Paris, to draw up and take stock of the strategy. It has five strands, as the Statement indicated: counterinformation, the flow of fighters, the humanitarian dimension, countering the financial flows that ISIL receives, and military operations. We are supporting the Iraqi Government in their commitment to inclusive governance and reconciliation between communities, particularly as they re-establish security and governance in areas liberated from ISIL’s control. We are also pressing Prime Minister Abadi to progress his national guard law to strengthen the Iraqi security services’ accountability.
The noble Lord asked me what the value-added of a UK component in offensive operations in Syria would be, were we ever to come to Parliament to seek permission for that. He asked me a number of detailed questions. If he will allow me, I will reply in writing to the extent that I have the information, but the United Kingdom can and does offer some unique capabilities that would undoubtedly be seen as extremely helpful if we were to join offensive operations over Syria, not least a capability for precision bombing.
I also ask the House to reflect on the overall context of what we are talking about. ISIL is a ruthless organisation. It has murdered several of our innocent citizens in Tunisia and in other parts of the world very brutally. It is right that we support our United States allies in what they are doing to counter ISIL. As the Statement made clear, ISIL’s centre of operations is in northern Syria. While we are not proposing ever to flout the will of Parliament in terms of conducting offensive operations against Syria ourselves, nevertheless we will continue to play our part in what has become a very effective coalition.