Charities, Social Enterprises and Voluntary Organisations

Debate between Lord Ashton of Hyde and Lord Hylton

Tuesday 20th February 2018 Lords Chamber

[Lord Ashton of Hyde]

My Lords, the subject of charging for the Charity Commission to enable it to be sustainable is an open question and it will consult on that. I realise that there is an issue of principle here but my noble friend is right that some of these very large charities have considerable means. The suggestion on which the Charity Commission will consult is that only those charities with incomes of over £5 million will be involved. I think that would be about 2,000 charities out of about 168,000 registered charities.

[Lord Hylton (CB)]

My Lords, we all know that charities have to be regulated in accordance with charity law, but will the Government resist proposals for including social enterprises and voluntary organisations in any enhanced regulation? Surely the variety within civil society, and its constantly branching out into new and creative directions, is a national asset and should be left alone.

[Lord Ashton of Hyde]

My Lords, I agree with the noble Lord. I do not think there is any suggestion of further regulation of civil society, as such, but we expect all organisations which deal with the public to obey the law. That includes charities but also all civil society. It is one thing that can be considered in the new consultation on the civil society strategy that we are going to launch soon.

European Union Migration: National Insurance

Debate between Lord Ashton of Hyde and Lord Hylton

Thursday 12th May 2016 Lords Chamber

[Lord Ashton of Hyde]

My Lords, obviously it is a two-way street but we are talking about net figures.

[Lord Hylton (CB)]

Can the Minister disentangle for us the impact on the figures of the huge number of annual visitors, whom we wish to encourage, and of overseas students coming to this country? We seem to be in a fog of numbers.

[Lord Ashton of Hyde]

My Lords, the figures that we are concerned about and that the ONS survey takes into account cover all passengers who come into and go out of the country. But the main migration figures are based on UN definitions of people who are resident here for more than 12 months—so we do not count visitors in those figures.

Immigration Bill

Debate between Lord Ashton of Hyde and Lord Hylton

Monday 18th January 2016 Lords Chamber

[Lord Hylton (CB)]

My Lords, what I have to say follows from what the noble Lord, Lord Kennedy, has just said. Amendment 43 refers to offences under four existing Acts together with inciting, aiding, abetting or counselling such offences. These can trigger undertakings. Amendment 44 refers to notices, orders and enforcement. All this is bound to cost money. Resources have been repeatedly mentioned today, so I must ask: how much of this additional expenditure will be new money and how much will be transferred from the enforcement mechanisms of the existing legislation? It would be a great waste of our time and effort to create a series of new offences without having the means to cope with them.

[Lord Ashton of Hyde]

My Lords, I thank noble Lords for their remarks. Before I move to the amendments spoken to by the noble Baroness, Lady Hamwee, I shall comment on the points raised on the government amendments.

I was asked when the new system, which the noble Lord, Lord Kennedy, described as burdensome, will be used. This is a new power to be used after the existing penalties have been applied under the existing Acts. For example, in national minimum wage regulations, the current penalty is naming and shaming. In other areas, there are civil penalties. These amendments are designed for egregious offences and repeated offences where, for example, some companies may decide to take the fine and continue to pay their workers less than the minimum wage. We have included these new powers to put an end to breaches of labour market rules. We think they are an important part of the new toolkit to address these serious matters.

Resources have been mentioned on several occasions this evening. I take the point that if these new powers are not properly enforced, there will be no point in having them. My noble friend has already committed to talk about resources and to write to noble Lords on that subject, and I will ask him to include this in his letter.

The noble Lord, Lord Kennedy, raised the subject of electronics. He cleverly included matters which are nothing to do with this Bill. Of course, electricity is dangerous when it is incorrectly applied. The electronic means in this Bill bring it into the 21st century, but that does not mean that they should be used in all cases.

The noble Lord, Lord Hylton, talked about the four current Acts which can trigger the possibility of going into enforcement, and—again—he mentioned money. I agree it is bound to cost some money. As I said before, my noble friend will include that in his reply, if I could leave it like that for the time being.

Of course, the Director of Labour Market Enforcement will set out in his strategy how the funding that is available for the enforcement agencies should be allocated. Every year he makes an annual report. It would be very surprising, if he were underresourced, that he would not refer to that in his annual report.

As I have said to the noble Lord, Lord Kennedy, routine cases will continue to be dealt with using existing powers. There will be LME undertakings, and then orders will be for the more serious cases.

I move on to the amendments in the name of the noble Baroness, Lady Hamwee, to which I listened carefully. Amendment 47A would change the court’s power to make an LME order on application from an enforcement agency, so that the court would have to be satisfied beyond reasonable doubt that the person had committed or was committing a trigger offence.

We think it appropriate that a court should be able to make an LME order on application from an enforcement agency on the basis of the balance of probabilities rather than the criminal standard of proof. In these circumstances, the order is designed to prevent further offending, not as a means of sentencing the person on conviction for an offence. The amendment would limit the ability of enforcement agencies to invoke the LME order regime to secure compliance as an alternative to straightforwardly prosecuting the person for a trigger offence.

Amendment 50A would remove the court’s power to include a prohibition, restriction or requirement in an LME order on bringing the order, the circumstances in which it was made and any action by the respondent to comply, to the attention of persons likely to be interested in the matter. However, we think it right that the courts, in making an LME order, should be able to require a business to make the matter known to interested parties, and failure to do so would result in a breach of the order with the possibility of prosecution for the consequent offence. It is properly for the courts, not the Director of Labour Market Enforcement, to impose this requirement. The amendment would significantly weaken this provision, possibly enabling those subject to an LME order to conceal it from its employees, creditors and trading partners.

Amendment 57A would remove from the provisions relating to offences by bodies corporate the possibility of a manager committing the offence of failing to comply with an LME order where they have consented or connived in the offence or it was attributable to their neglect. However, it is appropriate that managers, in addition to their companies, should be held liable for the offence of failing to comply with an LME order where the offence resulted from their neglect, consent or connivance. Secondary liability provisions of this kind, including liability for managers, are commonplace in other legislation. The principle that managers can be held liable for offences committed by their company in certain circumstances is well established.

In the light of what I have said, I hope that the noble Baroness will agree not to move her amendments.

Economic and Social Inequality

Debate between Lord Ashton of Hyde and Lord Hylton

Thursday 18th June 2015 Lords Chamber

[Lord Ashton of Hyde]

My Lords, I do not agree with the noble Lord. Income inequality in the UK has actually come down, and this is reflected in household incomes since 2007-08. The annual average disposable income of the poorest fifth of households has risen by £100 in real terms, while over the same period the largest fall has been in income for the richest fifth of households, which has reduced by £3,000 per year. The way to address inequalities, both social and economic, is to get people into work so that they can reap the benefits of full employment.

[Lord Hylton (CB)]

My Lords, does the Minister agree that much social inequality is caused by the acute shortage of affordable housing? Will the Government put their fullest energy into bringing forward surplus government and local authority land and brownfield sites so that the gap in provision of new affordable housing can be met?

[Lord Ashton of Hyde]

My Lords, housing is of course extremely important. The effect on low-income families for housing is particularly acute so, as we all know, the Government are working on this. But the most important thing is that people in whatever kind of housing it may be are able to work and produce benefits for their families.