Digital Markets, Competition and Consumers Bill

Debate between Lord Bassam of Brighton and Baroness Stowell of Beeston

3rd reading
Tuesday 26th March 2024 Lords Chamber

[Baroness Stowell of Beeston (Con)]

Can I ask a question as well, to save the Minister from getting up several times? I do not think that he said anything about broadcasting. Where is the department on reviewing policy in that area?

[Lord Bassam of Brighton (Lab)]

Can the Minister also clarify the point about online publications? Will these be included within the statutory instrument?

Digital Markets, Competition and Consumers Bill

Debate between Lord Bassam of Brighton and Baroness Stowell of Beeston

Committee stage
Monday 29th January 2024 Grand Committee

[Lord Bassam of Brighton (Lab)]

My Lords, we now move on to the second debate about accountability. We have two amendments in this group—in moving this amendment, I will speak also to the other—relating to the accountability in various forms of the CMA, the Secretary of State and Parliament. With these amendments, we seek to strengthen parliamentary oversight over the CMA by obliging the Secretary of State to bring before Parliament an annual report on the work of the DMU and the CMA. We are grateful to the noble Lord, Lord Clement-Jones, and the noble Baroness, Lady Bennett, for their support for this amendment.

This is a common device exercised by parliamentarians to try to improve the quality of accountability to Parliament. I have almost lost count of the number of times I have seen similar amendments moved by Members on either side of the House—from a Labour Government and from a Conservative Government—but they are nevertheless important because they remind us all of the value of Parliament and why we are here. They also oblige the Secretary of State to make it clear in their annual reporting how the work of a particular regulator is progressing and the content of that work.

Additionally, we want Parliament to have an opportunity to debate and discuss the workings of the DMU. We also want to ensure that the DMU has sufficient financial support and staff to do that work—that is, the work that Parliament has ultimately asked it to do in protecting the public interest and promoting competition that is beneficial to consumers. There are already some concerns that both the CMA and the DMU might lack the resource and clout to undertake their work in tackling the giants that dominate the digital marketplace. That is why we have tabled Amendment 83: to focus attention on this concern.

The question of resources is important because, unlike many other regulators, the CMA is funded not by a levy on the firms it regulates but by a grant. We are not seeking to change this with our amendment, but does the Minister have any concerns that the CMA and the DMU may lack the certainty enjoyed by other bodies such as Ofcom? Does he have any worries that the CMA’s funding arrangements could have an impact on its ability to scale up certain operations and ensure that investigations take place as quickly and efficiently as possible?

We argue that this must be a primary concern from the outset. The history of regulators is littered with examples of underpowered institutions lacking the ability to tackle the big issues of the day. The water industry is a critical example of what can go badly wrong when an infrastructure regulator cannot cope. Digital infrastructure is key to the nation’s future economic success and prosperity, so this is every bit as important. For those reasons, I beg to move Amendment 79.

While I am on my feet, I would like to address Amendment 81 in the name of the noble Baroness, Lady Stowell. It goes to the heart of the issue in requiring the regulator or regulators to report to the relevant parliamentary committees; this is consistent with the noble Baroness’s Amendment 77 in the previous group. For the reasons argued in our debate on that group, we support Amendment 81.

Amendment 82 in the name of the noble Lord, Lord Fox, seeks to inquire whether the CMA will be able

“to play a proactive role in promoting international standards of digital market regulation”.

It would be most odd if it were prevented doing so. Although this amendment is of interest for good trade reasons, I would also be interested to hear from the Minister how the Government view the international regulatory field and the CMA’s role, part and place in it.

I look forward to the Minister answering some of those questions and points.

[Baroness Stowell of Beeston (Con)]

My Lords, I speak to my Amendment 81 in this group. I am very grateful to the noble Lords, Lord Tyrie and Lord Clement-Jones, and the noble Baroness, Lady Jones of Whitchurch, for adding their names. My amendment reflects the increasing power of some of our most important regulators in the context of digital markets and online activity; and the need for greater parliamentary oversight as a result.

Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018

Debate between Lord Bassam of Brighton and Baroness Stowell of Beeston

Thursday 1st February 2018 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords, I was not going to intervene in this discussion but I am fascinated by this debate on littering. The noble Lord, Lord Marlesford, is a wonderful chap. I love his persistence. I well remember the guns registration issue because he rightly hounded me on it for two years. As he said, the then Government eventually sorted it out. He was right to say that that measure was obstructed inside the then Government.

I have a beef and it is called the A27. I am delighted that my noble friend Lady Jones is on our Front Bench because the A27 is the litter epicentre of the south-east. What grieves me most is that it is clear that someone there is failing to take responsibility for clearing it up properly. I would like to know who that is. I think the responsibility rests with the Highways Agency as I am sure that I have seen its contractors tackling this but they appear only once a year. In the intervening period, that road is a haven for rubbish and litter. That is not good enough. One of the reasons for the litter is that the road is not cleared frequently enough and a contract to do so is not let over sufficient phases of the year. I believe that this has a lot to do with the fact that contracts are not let in that way and that contractors do not have an obligation to clear the road when it becomes badly littered.

I have a serious question about this legislation, which I am sure is very well intentioned: what is the incentive for a district council to become involved in proceedings—civil proceedings at that—and follow up complaints made to it? Where is the incentive for it to deploy the “person power” to enforce this legislation? There are already enough financial pressures on local councils regarding all the other things they are supposed to enforce, so I cannot see that they will want to chase complaints and complainants of this sort. No doubt this is a very well-meaning measure but I guess that it will be barely enforced, as has been the case with all other litter legislation in the past. Will the Minister do some research on this and tell your Lordships on how many occasions people have been brought before the courts and fined for littering offences in the last two or three decades? My mind goes back to the time when Margaret Thatcher was Prime Minister. She introduced legislation by which she tried to grade the litter acceptability of land, and we were told that it would solve the problem. The problem is still with us and, until we get regular cleaning of the waysides and footpaths along roads and highways, it will not be solved.

This legislation is clearly well-meaning, but we need to know a lot more about the incentives to local government and the level of activity that has been employed so far in enforcing legislation in the past.

[Baroness Stowell of Beeston (Con)]

My Lords, I will make a brief contribution to this debate. I welcome these regulations, which tackle an important matter. However, I will use this opportunity to say something a bit more broadly about the topic of litter. While it is important that regulations are available to local authorities to go after people who commit these offences—doing things that are so unacceptable to us—it is also worth thinking about what more we can do to prevent litter in the first place.

Earlier this week there was a significant debate here in the Chamber about the Government’s environmental plan, and I was disappointed only that I was not able to participate in it. I absolutely share the commitment of the Government—and so many people—to a lot of the initiatives we are adopting to preserve our environment, and it is right that the Government, schools and everybody else use interest in preserving marine life and so on to encourage interest among young people and everybody else in the environmental issues that form part of the Government’s environmental plan. However, in the last few weeks the Government’s litter strategy, published just before the 2017 general election, caught my attention. It is incredibly important.

One thing that is a nuisance for us is the increasing litter we see, not just on our roads and our pavements, outside shops and fast food restaurants, but on public transport. We are not doing enough to encourage ourselves as citizens to take on responsibility for tackling these sorts of things. A few weeks ago I managed to gate-crash a meeting of a local authority about litter and the litter strategy, where I had the huge privilege of meeting the environmental manager for the area I live. This gentleman had worked for the local authority and is now in one of the subcontracted companies, and is responsible for litter. He cared very much about our area and was absolutely passionate about keeping our streets clean. I liked this chap. Through him, we managed to get some additional litter bins on our public roads in the area.

I wanted to have a conversation with one of the local shopkeepers, whose outside area can be rather unkempt and which rather lets us down because of the increasing litter. I spoke to him about the litter outside his shop and said, “You know, you are a very important man in our community. You are responsible for one of the most important hubs of our local environment”. I was able to encourage him and his sense of his importance in keeping our area clean and devoid of litter, and I do not think that he had ever understood and appreciated just how much of an important role he plays in his society.

While it is important that we have regulations that tackle people who adopt these kind of nuisance behaviours, that should not mean that we should avoid encouraging people to accept responsibility. We should acknowledge the importance of people, whether they are shop managers or bus drivers who find people abusing the vehicles that they are proud to drive themselves, and get behind them to support them to maintain the standards that are so important to us. That should prevent these kind of regulations ever having to be deployed.

Syria: Foreign Affairs Committee Report

Debate between Lord Bassam of Brighton and Baroness Stowell of Beeston

Thursday 26th November 2015 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords—

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

Does the noble Lord want to speak before I have repeated the Statement?

[Lord Bassam of Brighton]

My Lords, I appreciate that this is a rather late request from the Dispatch Box, but there is a full Chamber today and I was wondering whether the noble Baroness would accede to the House having an extended period of questions for Back-Bench contributions.

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, I would normally hope to receive such a request before we got to this point in proceedings. Clearly, I do not want to deny the House the opportunity to ask questions, but we will have a debate on related matters next Thursday and we have had a debate on the strategic defence review earlier this week. As and when there is any further debate on this matter in the House of Commons, I would expect my noble friend the Chief Whip to schedule time for that. None the less, I will be happy to extend Back-Bench questions by just 10 minutes, so we will do 30 minutes for Back-Bench questions.

With the leave of the House I will now repeat a Statement made by my right honourable friend the Prime Minister in another place. The Statement is as follows.

“Mr Speaker, I said I would respond personally to the Foreign Affairs Select Committee report on extending British military operations to Syria. I have done so today, and copies of my response have been made available to every Member of the House.

The committee produced a comprehensive report which asked a series of important questions. I have tried to listen very carefully to the questions and views expressed by Members on all sides of the House, and I want to try to answer all the relevant questions today. There are different ways of putting them, but they boil down to this: why? Why us? Why now? Is what we are contemplating legal? Where are the ground troops to help us meet our objectives? What is the strategy that brings together everything we are doing, particularly in Syria? Is there an end to this conflict, and is there a plan for what follows?

Let me deal with each of these questions very directly. First, why? The reason for acting is the very direct threat that ISIL poses to our country and to our way of life. ISIL has attacked Ankara, Beirut and, of course, Paris, as well as the likely blowing up of a Russian plane with 224 people on board. It has already taken the lives of British hostages and inspired the worst terrorist attack against British people since 7/7, on the beaches of Tunisia. Crucially, it has repeatedly tried to attack us right here in Britain. In the last 12 months, our police and security services have disrupted no fewer than seven terrorist plots to attack the UK, every one of which was either linked to ISIL or inspired by its propaganda, so I am in no doubt that it is in our national interest for action to be taken to stop it—and stopping it means taking action in Syria because it is Raqqa that is its HQ.

But why us? My first responsibility as Prime Minister—and our first job in this House—is to keep the British people safe. We have the assets to do that, and we can significantly extend the capabilities of the international coalition forces. That is one reason why members of the international coalition, .including President Obama and President Hollande have made it clear to me that they want Britain to stand with them in joining in air strikes in Syria as well as Iraq. These are our closest allies, and they want our help.

Partly, this is about our capabilities. As we are showing in Iraq, the RAF can carry out what is called ‘dynamic targeting’, where our pilots can strike the most difficult targets at rapid pace, and with extraordinary precision, and provide vital battle-winning close air support to local forces on the ground. We have the Brimstone precision missile system, which enables us to strike accurately with minimal collateral damage—something that even the Americans do not have. The RAPTOR pod on our Tornado aircraft has no rival, currently gathering 60% of the coalition’s entire tactical reconnaissance in Iraq, while also being equipped for strikes. In addition, our Reaper drones are providing up to 30% of the intelligence in Syria, but are not currently able to use their low-collateral high-precision missile systems. We also have the proven ability to sustain our operations—not just for weeks, but if necessary for months into the future.

Of course we have these capabilities, but the most important answer to the question, ‘Why us?’, is even more fundamental. It is this: we should not be content with outsourcing our security to our allies. If we believe that action can help protect us, then, with our allies, we should be part of that action, not standing aside from it. From this moral point comes a fundamental question: if we will not act now, when our friend and ally, France, has been struck in this way, then our allies in the world can be forgiven for asking, ‘If not now, when?’.

That leads to the next question, ‘Why now?’. The first answer to that, of course, is the grave danger that ISIL poses to our security—a danger that has clearly intensified in recent weeks—but there are additional reasons why action now is so important. Look at what has changed—not just the attack in Paris, but the world has come together and agreed a UN Security Council resolution. There is a real political process underway. This could lead to a new Government in Syria, with whom we can work to defeat ISIL for good, but as I explained to the House yesterday, we cannot wait for that to be complete before we begin acting to degrade ISIL and reducing its capability to attack us.

Let us be clear about the military objectives that we are pursuing. Yes, we want to defeat the terrorists by dismantling their networks, stopping their funding, targeting their training camps and taking out those plotting terrorist attacks against the UK, but there is a broader objective. For as long as ISIL can peddle the myth of a so-called caliphate in Iraq and Syria, it will be a rallying call for Islamist extremists all around the world. That makes us less safe. Just as we have reduced the scale and size of that so-called caliphate in Iraq—increasingly pushing it out of Iraq—so we need to do the same thing in Syria.

Indeed, another reason for action now is that the success in Iraq in squeezing the so-called caliphate is put at risk by our failure to act in Syria. This border is not recognised by ISIL and we seriously hamper our efforts if we stop acting when we reach the Syrian border. So when we come to the question, ‘Why now?’, we have to ask ourselves whether the risks of inaction are greater than the risks of taking action. Every day we fail to act is a day when ISIL can grow stronger and more plots can be undertaken. That is why all the advice that I have received—the military advice, the diplomatic advice and the security advice—all says yes, the risks of inaction are greater.

Some have asked specifically whether taking action could make the UK more of a target for ISIL attacks. Let me tell the House that the judgment of the director-general of the Security Service and the chairman of the Joint Intelligence Committee is that the UK is already in the top tier of countries that ISIL is targeting. I am clear that the only way to deal with that reality is to address the threat we face and to do so now.

Let me turn to the question of legality. It is a long-standing constitutional convention that we do not publish our formal legal advice, but the document I have published today shows in some detail the clear legal basis for military action against ISIL in Syria. It is founded on the right of self-defence as recognised in Article 51 of the UN charter. The right to self-defence may be exercised individually where it is necessary to the UK’s own defence and, of course, collectively in the defence of our friends and allies.

The main basis of the global coalition’s action against ISIL in Syria is the collective self-defence of Iraq. Iraq has a legitimate Government, one that we support and help. There is a solid basis of evidence on which to conclude, first, that there is a direct link between the presence and activities of ISIL in Syria and its ongoing attack on Iraq, and, secondly, that the Assad regime is unwilling and/or unable to take the action necessary to prevent ISIL’s continuing attack on Iraq—or, indeed, attacks on us. It is also clear that ISIL’s campaign against the UK and our allies has reached the level of an ‘armed attack’, such that force may lawfully be used in self-defence to prevent further atrocities being committed by ISIL.

This is further underscored by the unanimous adoption of UN Security Council Resolution 2249. We should be clear about what this resolution means and what it says. The whole world came together, including all five members of the Security Council, to agree this resolution unanimously. The resolution states that ISIL,

‘constitutes a global and unprecedented threat to international peace and security’.

It calls for member states to take ‘all necessary measures’ to prevent and suppress terrorist acts committed specifically by ISIL, and to,

‘eradicate the safe haven they have established over significant parts of Iraq and Syria’.

Turning to the question of which ground forces will assist us, in Iraq the answer is clear. We have the Iraqi security forces and the Kurdish Peshmerga. In Syria, the situation is more complex, but as the report I am publishing today shows, we believe there are around 70,000 Syrian opposition fighters, principally of the Free Syrian Army, who do not belong to extremist groups and with whom we can co-ordinate attacks on ISIL.

In addition, there are the Kurdish armed groups who have also shown themselves capable of taking territory, holding territory and administering it and, crucially, relieving the suffering that the civilian population had endured under ISIL control. The Syrian Kurds have successfully defended Kurdish areas in northern Syria and have retaken territory around the city of Kobane. Moderate armed Sunni Arabs have proved capable of defending territory north of Aleppo, and stopped ISIL’s attempts to capture the main humanitarian border crossing with Turkey and sweep into Idlib province. In the south of Syria, the Southern Front of the Free Syrian Army has consolidated its control over significant areas and has worked to prevent terrorists from operating.

The people I talked about are ground troops. They need our help; when they get it, they succeed, so we should do more to help from the air. But those who ask questions about ground troops are right to do so. The full answer cannot be achieved until there is a new Syrian Government who represent all the Syrian people: not just Sunni, Shia and Alawite, but Christian, Druze and others. It is this new Government who will be the natural partners for our forces in defeating ISIL for good. We cannot defeat ISIL simply from the air, or purely with military action alone. It requires a full political settlement. The question is: can we wait for that settlement before we take action? Again, my answer is no, we cannot.

On the question about whether this is part of an overall strategy, the answer is yes. Our approach has four pillars. First, our counterextremism strategy means we have a comprehensive plan to prevent and foil plots at home, and also to address the poisonous extremist ideology that is the root cause of the threat we face. Second is our support for the diplomatic and political process. We should be clear about this process. Many in this House rightly said how vital it is to have all the key regional players around the table, including Iran and Russia. We are now seeing Iran and Saudi Arabia sitting down around the same table as America and Russia, as well as France, Turkey and Britain, working towards the transition to a new Government in Syria.

The third pillar is the military action I am describing to degrade ISIL and reduce the threat it poses; it is working in Iraq, and I believe it can work in Syria.

The fourth pillar is immediate humanitarian support and longer-term stabilisation. Of course, the House has heard many times that Britain has so far given more than £1.1 billion—by far the largest commitment of any European country, and second only to the United States of America. This is helping to reduce the need for Syrians to attempt the perilous journey to Europe. The donor conference that I am hosting in February, together with Germany, Kuwait, Norway and the UN, will help further.

However, the House is rightly also asking more questions about whether there will be a proper post-conflict reconstruction effort to support a new Syrian Government when they emerge. Britain’s answer to that question is absolutely yes. I can tell the House that Britain would be prepared to contribute at least another £1 billion for this task.

All these elements—counterterrorism, political and diplomatic, military and humanitarian—need to happen together to achieve a long-term solution in Syria. We know that peace is a process, not an event. I am clear that it cannot be achieved through a military assault on ISIL alone; it also requires the removal of Assad through a political transition. But I am also clear about the sequencing that needs to take place. This is an ISIL-first strategy.

What of the end goal? The initial objective is to damage ISIL and reduce its capability to do us harm, and I believe that this can in time lead to its eradication. No one predicted its rise and we should not accept that it is somehow impossible to bring it to an end. It is not what the people of Iraq and Syria want; it does not represent the true religion of Islam; and it is losing ground in Iraq, following losses in Sinjar and Baiji.

We are not naive about the complexity of the task. It will require patience and persistence, and our work will not be complete until we have reached our true end goal, which is having Governments in both Iraq and Syria who can command the confidence of all their peoples. In Syria, that ultimately means a Government without Assad. As Ban Ki-moon has said, ‘A missile can kill a terrorist; but only good governance can kill terrorism’. This applies so clearly to both Iraq and Syria.

As we discuss all these things, people also want to know that we have learnt the lessons of previous conflicts. Whatever anyone thought of the Iraq war, terrible mistakes were made in its aftermath in dismantling the state and the institutions of that country, and we must never make those mistakes again. The political process in Syria will, in time, deliver new leadership and it is that transition we must support. We are not in the business of dismantling the Syrian state or its institutions.

In Libya, the state and its institutions had been hollowed out after 40 years of dictatorship. When the dictatorship went, the institutions rapidly collapsed. But the big difference between Libya and Syria is that in Syria this time we have firm international commitment from all the backers of a future Syrian Government around the table at the Vienna talks. The commitment is clear: to preserve and develop the state in Syria and allow a new representative Government to govern for all their people.

I have attempted to answer the main questions: why? Why now? Why us? Is it legal? What are the ground forces? Is there a strategy? What is the end point and the plan for reconstruction? But I know that this is a highly complex situation and that Members on all sides will have other questions, which I look forward to trying to answer this morning.

One will be about the confused and confusing situation in Syria with regard to Russia’s intervention. Let me reassure the House that the American-led combined air operations centre has a memorandum of understanding with the Russians. This enables daily contact and pragmatic military planning to ensure the safety of all coalition forces, and this would include our brave RAF pilots.

Another question will be about whether we are taking sides in a Sunni versus Shia conflict. This is simply not the case. Yes, ISIL is a predominantly Sunni organisation, but it is killing Shia and Sunnis alike. Our vision for the future of Syria, as with Iraq, is not a sectarian entity but one governed in the interests of all its people. So we wholeheartedly welcome the presence of states with both Sunni and Shia majorities at the Vienna talks, and their support for international action against both ISIL and towards a diplomatic solution in Syria.

The House will also want to know what we are doing about the financing of ISIL. The document sets this out. It includes intercepting smugglers, sealing borders and enforcing sanctions to stop people trading with ISIL. But, ultimately, ISIL is able to generate income through its control of territory, so while we are working with international partners to squeeze the finances wherever we can, it is the rolling back of ISIL’s territory which will ultimately cut off its finances.

Two of the most complex questions in an undoubtedly complex situation are these. First, will acting against ISIL in Syria help to bring about transition? I believe that the answer is yes, not least because there cannot be genuine transition without maintaining the territorial integrity of Syria. ISIL denies this integrity. Crucially, destroying ISIL helps the moderate forces, and those moderate forces will be crucial to Syria’s future. Secondly, does our view that Assad must go help in the fight against ISIL or, as some claim, does this confuse the picture? The expert advice I have could not be clearer: we will not beat ISIL if we waiver in our view that ultimately Assad must go. We cannot win over majority Sunni opinion, which is vital for the long-term stability of Syria, if we suddenly change our position.

In the end it comes back to the one main question: should we take action? All those who say that ultimately we need a diplomatic solution and a transition to a new Government in Syria are right. Working with a new, representative Government is the way to eradicate ISIL in Syria in the long term, but can we wait for that to happen before we take military action? I say we cannot.

Let me be clear: there will not be a vote in this House unless there is a clear majority for action, because we will not hand a publicity coup to ISIL. I am clear that any Motion we bring before this House will explicitly recognise that military action is not the whole answer. Proud as I am of our incredible service men and women, I will not pretend or overstate the significance of our potential contribution. I will not understate the complexity of this issue, nor the risks that are inevitably involved in any military action, but we face a fundamental threat to our security. We cannot wait for a political transition. We have to hit these terrorists in their heartlands right now. We must not shirk our responsibility for security or hand it to others.

Throughout our history, the United Kingdom has stood up to defend our values and our way of life. We can, and must, do so again. I commend this Statement to the House”.

My Lords, that concludes the Statement.