Scottish Government: Devolved Competences

Lord Forsyth of Drumlean Excerpts

Wednesday 13th March 2024 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I agree with the noble Lord. There are well-established arrangements that underpin intergovernmental relationships. They do not always work. They are led by DLUHC, and I believe Brendan Threlfall is the director-general, working under Minister Gove. A recent good example would be the work together on green freeports—where there is overlap —with both the Inverness and Cromarty Firth freeport and the Firth of Forth green freeport. The Scottish Government have also been working on Project Gigabit very well, and the UK Government have contributed £50 million to this. It is important that people understand the devolution settlement and pursue the things that can be helpful on both sides.

[Lord Forsyth of Drumlean (Con)]

My Lords, is it not ironic that the noble Lord, Lord Foulkes, is complaining about the arrangements for devolution when it was a Labour Government that put them together? A Labour Government did it thinking that it would kill nationalism stone dead. A Labour Government have resulted in Scotland being the highest taxed part of the United Kingdom, with the threat of people leaving financial services and other professions, reducing the tax base and making it even more difficult to correct the disastrous damage done by the SNP to public services.

[Baroness Neville-Rolfe (Con)]

I can only agree with my noble friend, but I think it is a matter for Scottish taxpayers. I look forward with interest to the coming months and years. We need to try to work well together and be clear about the rules, but they were perhaps not perfect at the start.

Conversion Therapy Prohibition (Sexual Orientation and Gender Identity) Bill [HL]

Lord Forsyth of Drumlean Excerpts

Friday 9th February 2024 Lords Chamber

[Lord Forsyth of Drumlean (Con)]

My Lords, it is a pleasure to follow the noble Baroness, whom I have very considerable respect for. However, in nearly 40 years in Parliament, I have never seen a more badly drafted or dangerous piece of legislation. It consists of two clauses. The noble Baroness said that the key issue is where you draw the line. She is absolutely right about that. Unfortunately, the Bill does not draw the line. Clause 1(2) says:

“Conversion therapy is any practice”.


What does “any practice” mean? How is that defined? Does “any practice” include a parent not supporting a child’s decision to dress as a member of the opposite sex? The noble Baroness shakes her head, but where does the Bill say that? In her speech, she said there were all kinds of understandings of provisions, but it is not there in the Bill, and she is asking us to support it. The Bill refers to:

“any practice aimed at a person or group”—

so that includes children? Would parents saying to their children, “You must not take puberty blockers” find themselves on the wrong side of the law? This is an extraordinary suggestion. Would trying to prevent surgery or medical interventions which would be irreversible be “any practice”? The language of the Bill says,

“any practice aimed at a person”—

ie, children—

“or group of people which demonstrates an assumption”.

Are we now going to criminalise people for thinking things? That is what “demonstrates an assumption” means. The Bill goes on:

“that any sexual orientation or gender identity is inherently preferable to another, and which has the intended purpose of attempting to … change a person’s sexual orientation or gender identity”.

What exactly is gender identity? That is not included in the Bill. I notice that the Scottish Government currently have a consultation document out, in which they attempt to define gender identity. Their definition is:

“an individual’s personal sense of being or belonging to a particular gender or genders, or of not having a gender”.

That is the definition, and we are expected to criminalise people on the basis of something which is so fluid and not defined in the Bill.

The noble Baroness said that this is not about attacking free speech. Of course it is an attack on free speech if parents do not feel they can give guidance to their children. It is an absolute basic duty of parents to give guidance to their children and to prevent them from suffering any harm. The Bill criminalises advice given in good faith.

I noticed that the Bill also applies to Scotland. The Scottish Government have a consultation document out at the moment. In this Bill, the penalty for telling your child not to take puberty blockers, or whatever they are, is

“a fine not exceeding level 5”—

that is, an unlimited fine. I suppose we should be grateful for that, because in Scotland they are proposing seven years in prison. The world has gone mad.

In this House, we normally introduce legislation to fix a problem, not to create new ones. This Bill undermines the family and attacks free speech, freedom of thought and even religious belief. It is a dangerous, crude piece of legislation in a hugely complex and controversial area that is not suited to private legislation. It has all the characteristics of something written on the back of beer mat after an unruly discussion in a pub. I very much oppose it. I know we have a convention in this House not to vote against Second Readings, but were we to divide on it, I would certainly kill it now, for it is a dangerous thing that brings great discredit to this House and Parliament as a whole.

Freedom of Information

Lord Forsyth of Drumlean Excerpts

Tuesday 23rd January 2024 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I certainly agree with openness wherever we can make things open. Of course, that White Paper goes back to the Labour Government of the early 2000s, and I remember a certain Prime Minister commenting on freedom of information and the problems it had created. Of course, we need open information, but it has to be a combination of using the Act and also bringing in other measures—I mentioned the quarterly transparency returns, and there is the contracts finder and the changes we are making in the Procurement Act—and generally having an attitude of trying to be helpful and open, and not use these things as an excuse.

[Lord Forsyth of Drumlean (Con)]

My Lords, in order for freedom of information to work, it is necessary for Ministers and government to keep proper minutes of meetings. We still have a United Kingdom Civil Service in this country; why are the Government not taking action when Scottish Government officials’ bedtime ritual is apparently not to have a cup of coffee or cocoa but to delete all their WhatsApp messages? Increasingly, the Scottish Government have meetings without proper minutes being kept. What has happened to the fundamental principles of the Civil Service that there should be proper records kept so that freedom of information requests can be dealt with, or if there are inquiries, the information is available to them?

[Baroness Neville-Rolfe (Con)]

I agree with my noble friend; records are important, both for the record and for the next steps agreed at meetings, which one wants to make sure are carried forward in the interests of efficiency. Obviously, the Scottish Government are a separate Government with their own rules. The Cabinet Manual, as we have discussed before in this House, is in the process of being revised, but that applies to the Civil Service across the piece. We have also introduced new guidance; it is called—a rather difficult mouthful—Using Non-corporate Communication Channels (e.g. WhatsApp, Private Email, SMS) for Government Business, for UK Government, Civil Service and Ministers. That is on GOV.UK and is absolutely designed to make sure that WhatsApps of substance in policymaking or government business are recorded for posterity.

House of Lords Appointments Commission

Lord Forsyth of Drumlean Excerpts

Wednesday 6th December 2023 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I think that will require me to write the noble Lord a letter. Obviously, this is important; the sense of his comment is that we do have a wide range of expertise. Indeed, in the modern world, as we have made clear right across the public sector, it is important to have more experts and more scientists to assist in the public interest.

[Lord Forsyth of Drumlean (Con)]

My Lords, looking at these Benches, does my noble friend not think it is extraordinarily ironic for the Liberals to complain about appointments to this House, given their numbers here and the numbers they achieved at the general election?

[Baroness Neville-Rolfe (Con)]

On this occasion I am very glad to agree with my noble friend.

Electoral Commission: Data Breaches

Lord Forsyth of Drumlean Excerpts

Monday 4th September 2023 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I thank the noble Baroness for her point. I will write to her, if I may.

[Lord Forsyth of Drumlean (Con)]

My Lords, I was going to make exactly the same point, but I was also going to add: who has taken responsibility for this breach at the Electoral Commission, and what action has been taken? It is very quick to punish the political parties when they cross the line, so what has been done there, or is this yet another example of something going completely wrong and no one taking responsibility?

[Baroness Neville-Rolfe (Con)]

I note the tone of my noble friend’s comment and understand the frustration that noble Lords in this House feel.

UK Government Resilience Framework

Lord Forsyth of Drumlean Excerpts

Monday 4th September 2023 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I think we are very aware of the need for symbiosis and have indeed been thinking about that in the way we have set this up and led the way, with the resilience framework, which has been widely welcomed; with the setting up of the Resilience Directorate under Mary Jones; and with various other measures. Exactly how the Cabinet Office is organised is an internal matter; the key thing is that we should make progress in this area, and I have actually been pleased that, since I became a Minister at the Cabinet Office, I have seen what my colleagues have done to progress this very important matter.

[Lord Forsyth of Drumlean (Con)]

My Lords, does my noble friend think that we ought to be taking far more seriously our dependence on technology? The recent example of the entire national air traffic control system being shut down and people being stranded for weeks is a very good example of that. While all these committees and other organisations are being set up, is there not a fundamental problem that we are so dependent now on technology and therefore very vulnerable?

[Baroness Neville-Rolfe (Con)]

I think my noble friend puts it extremely well. Of course, it is at the heart of the work we are doing on resilience; indeed, we have set up a new department, DSIT, to focus much more closely on technology and AI—both the opportunities and the risk that it brings. Technology has improved our lives so much, but we certainly need to keep a close eye on things. The NATS case wrecked many people’s holidays and was very unfortunate; I know my grandchildren were all stuck for four days. The case has been looked at carefully: it was not a cybersecurity incident but, obviously, it is going to be looked at independently by the Civil Aviation Authority and there will be a report to the Secretary of State for Transport.

Cabinet Manual

Lord Forsyth of Drumlean Excerpts

Monday 24th July 2023 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I will check to see whether that is intended, but I will certainly look very positively at the point the noble Lord has made, and, indeed, at the Seven Principles of Public Life. Having now had to study the Cabinet Manual, I think it provides a very important landscape that references various bits of guidance such as the Ministerial Code and the Civil Service Code, which are also important in their own right. As the noble Lord, Lord Wallace, explained, these tend to be amended a little more frequently.

[Lord Forsyth of Drumlean (Con)]

My Lords, will the Cabinet Manual ensure that Parliamentary Answers are full and accurate and that, regarding ministerial correspondence, people can expect replies within a matter of days, if not weeks? That used to be the position but, since I was a boy, things seem to have deteriorated.

[Baroness Neville-Rolfe (Con)]

I thank my noble friend. As I explained, it is to some extent an outline document. There is guidance on ministerial correspondence, which he may not be aware of; I will certainly send him a link to it.

--- Later in debate ---

[Baroness Neville-Rolfe (Con)]

If the noble Lord would be kind enough to share the example with me, as I look after FoI requests and many Parliamentary Questions, I will see what happened.

[Lord Forsyth of Drumlean (Con)]

My Lords, further to the answer my noble friend gave me, in which she said that guidance was provided on this, it is absolutely apparent that that guidance is not being followed. Could the code be strengthened so that we get proper Answers, and so that Ministers, particularly in this place, are given proper briefing by officials?

[Baroness Neville-Rolfe (Con)]

That probably goes beyond the Cabinet Manual point and may be more urgent. I will see what I can do for my noble friend.

Covid-19 Inquiry

Lord Forsyth of Drumlean Excerpts

Thursday 8th June 2023 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I assure the noble Lord that anything that is Covid related is being made available to the inquiry, subject to some security points. The impact of the Covid measures on the wider NHS and health is a matter for the chair but is inherently relevant.

[Lord Forsyth of Drumlean (Con)]

My Lords, does my noble friend not think that the noble and learned Baroness, Lady Hallett, might draw some lessons from the experience of France and Sweden? They have completed their inquiries and been able to give guidance on where mistakes were made and what should happen in the future. Why on earth has this inquiry been extended in scope such that we cannot get the answers which the entire country is waiting for?

[Baroness Neville-Rolfe (Con)]

This is an independent inquiry, and its conduct is for the chair. However, clearly the experience of other countries is also important, and I am sure that material in respect of those will be submitted to the inquiry and taken into account.

WhatsApp: Ministerial Communications

Lord Forsyth of Drumlean Excerpts

Wednesday 8th March 2023 Lords Chamber

[Baroness Neville-Rolfe (Con)]

Of course. As I have said, if communications are substantive in nature, they need to be captured on government systems. But there is no requirement to retain every single communication, and that would include social media. As to disappearing WhatsApps, we will be producing new guidance shortly on the use of WhatsApp and other forms of communication, and that will include advice on the use of the facility for disappearing. As I have said, formal decisions must be recorded, but existing policy requires ephemeral and trivial information to be deleted.

[Lord Forsyth of Drumlean (Con)]

My Lords, could the use of these disappearing WhatsApps be an explanation for the complete absence of policies on the part of the Opposition?

[Baroness Neville-Rolfe (Con)]

I note what my noble friend says and I refer to my previous answer about disappearing WhatsApps. Of course, parliamentarians and indeed Ministers get advice on security and on the use of social media, which I am sure the noble Lords opposite concur with.

Public Duty Costs Allowance

Lord Forsyth of Drumlean Excerpts

Monday 21st November 2022 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I do not agree with that, although I am a big reader of the Big Issue.

[Lord Forsyth of Drumlean (Con)]

My Lords, could my noble friend assure me that none of the money from the allowance will be used by Mr Gordon Brown and Sir Keir Starmer to plot the abolition of this House?

[Baroness Neville-Rolfe (Con)]

It is up to past Prime Ministers, including Gordon Brown, to submit invoices in accordance with the rules of this scheme. I am sure they will continue to do that.