36 Lord Wigley debates involving the Ministry of Justice

Parc Prison

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Tuesday 14th May 2024

(1 week, 3 days ago)

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Lord Bellamy Portrait Lord Bellamy (Con)
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My Lords, I again associate myself and the Government with the condolences we have already extended to the families of all those affected. We recognise that we are dealing with a very tragic situation.

On the noble Lord’s direct question about body scanners, the Government are considering all possible measures to reduce this problem. The issue of body scanners for all staff as a routine matter is clearly one that needs to be taken under advisement and given the most careful consideration. I think that is as far as I can go today.

I should add, in case your Lordships are wondering, that despite this very unusual situation at HMP Parc, the Government consider that the prison is fundamentally sound. It has more than 1,800 inmates. The youth offender institution, which is separate, is recognised as one of the best in the land. The prison has strengths in supporting, in particular, neurodiversity and autism; it has rehabilitation and resettlement functions, as well as a remand population. There are many positives, and I would not want to give the impression that everything at Parc is going wrong; it is not.

Lord Wigley Portrait Lord Wigley (PC)
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My Lords—

Lord Wigley Portrait Lord Wigley (PC)
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There have been no Back-Bench questions.

Baroness Watkins of Tavistock Portrait The Deputy Speaker (Baroness Watkins of Tavistock) (CB)
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I regret that, but unless I am advised otherwise, it was a 10-minute Question and it has been completed.

Lord Wigley Portrait Lord Wigley (PC)
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It is totally unsatisfactory that we are in this position. Normally, the 10 minutes kicks in after the Front-Benchers have spoken and there is an opportunity for Back-Benchers to ask questions. Why is that not the case now?

Baroness Watkins of Tavistock Portrait The Deputy Speaker (Baroness Watkins of Tavistock) (CB)
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I acknowledge that it appeared to be unsatisfactory. The guidance is absolutely clear that it is 10 minutes, and both Front-Bench spokesmen spent considerable time in asking their questions. There can be no further debate on the matter and we will continue with the other proceedings.

Lord Bishop of Leeds Portrait The Lord Bishop of Leeds
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My Lords, I apologise that I was not able to be present at Second Reading—the day job had to take precedence. I rise to endorse thoroughly what the noble Baroness, Lady Coussins, said in her speech. I wish not to speak to each amendment but to add a bit of heft to what she said. I do not exactly declare this as an interest, but I was a professional linguist before I went into the Church, so language has been important to me right the way through.

We heard in the Minister’s response earlier that victims must get the information they need. They also must get it in a form they are able to read, or hear, and understand. In this country language is often misunderstood or not taken as seriously as it ought to be, or as one might find in some countries in continental Europe, for example, where you live on boundaries and have to operate in a number of languages. Because we are an island nation, this is something we do not necessarily experience.

Having trained as a translator and interpreter—these are very different skills and professions—I understand the problems of inaccuracy and of getting even nuance wrong. We are talking here about victims who are already seriously disadvantaged. That disadvantage, that damage, should not be exacerbated by running the risk of them simply not being able to be understood, or to understand what is being represented to them.

There is something here about professionalism. If noble Lords do not believe that this is important, I hope they watched the funeral of Nelson Mandela, where the deaf interpreter simply went awry—it looked like he was conducting an orchestra, but badly. He said afterwards that he was simply overawed by the experience, but many people doubted that he had the skill to do what he had been signed up and paid to do. It really matters. I found it very entertaining but not very edifying, so I emphasise the need for professionalism in this.

The noble Baroness, Lady Coussins, referred to Google Translate, which most linguists go to for a bit of a laugh and to see what it suggests. When I lecture in German at German universities, I often run my texts through it for the entertainment value, but it is rarely accurate. Now we have translation by AI systems—Google Translate is that, really—which can be entertaining too. They can be helpful if you need a bit of a boost, but you would not rely on them for something that was important for life and death.

That is why the national register is so important. My understanding is that this country has a shortage of not only linguists—I could say much more about that—but qualified linguists able to go on the register and do what we are asking them to do. That triggers a different question. We cannot just say that we do not have the qualified people and therefore must make do; we have a bigger challenge to emphasise the importance of language learning, which has many knock-on effects for how we understand people and culture. As I often repeat, the former German Chancellor Helmut Schmidt, when giving advice to younger Germans asking him about going into politics, wrote: “Don’t even consider it unless you have at least two foreign languages to a competent degree, because you can’t understand yourself and your own culture unless you look through the lens of another. For that you need language, because language goes deep”. Some things cannot be translated; you need a degree of expertise to deal with them.

There is a wider issue, but I will not bang that drum any further now. This is fundamentally a matter of justice. If victims are to be heard and to hear accurately, this ought to be in the Bill.

Lord Wigley Portrait Lord Wigley (PC)
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My Lords, I thank the noble Baroness for bringing forward this amendment. When I spoke at Second Reading, I did not realise that this dimension might arise—clearly it can, and it is important. I address the Committee as one of a small minority here who do not have English as their first language. In fact, I calculated over the Easter Recess that I speak in English less than 10% of the time. This Bill will impact not just England but Wales, where Welsh is an official language. I do not see much evidence in the Bill of any adjustment being made for that purpose.

Fundamentally, the Bill deals with victims. There are perhaps four groups of victims for whom the language dimension is critical. First, there are children; at home in Wales, a large number of children—certainly tens of thousands—have Welsh as their first language. They acquire English as a second language as they get older, but under pressure they will no doubt want to revert to their first language, which is the natural language in which they express themselves. Another group of great importance to me and a number of other noble Lords is disabled people. When put under stress, they need assistance. If there is additional stress from dealing in a language that is not their first, they will need assistance.

That is also true for elderly people. As people get older, they revert to their first language, particularly those who have had strokes. People from Wales have found themselves in residential homes in the south of England; the staff think they are speaking gibberish, but they are reverting to their first language. That group also needs to be brought in. Finally, there is the general group of people who are under stress, whatever their age or background, and need to be helped to express themselves in their first language. This is important in Wales. Reference was made a moment ago to the Children’s Commissioner. We have our own Children’s Commissioner for Wales and our own framework, but I am not sure that the Bill takes that on board. Clearly, provision needs to be made.

The day has now passed when an ad hoc translator would be whistled up for a court case from those who happened to be around—usually a minister or a teacher, who could roughly translate what was being said. I have mentioned before in this House how many people over the centuries—although not in this or the last—were hanged without understanding a word of what was going on in the court that declared them guilty.

Lord Wigley Portrait Lord Wigley (PC)
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My Lords, I am grateful to have two minutes in the gap to register my interest, and that of Plaid Cymru, in this Bill. I identify with most of the concerns expressed over the past five hours.

The Bill raises issues which I hope to address in Committee. I certainly concur with the comments of the noble Lord, Lord Moylan, on IPP sentences. That is an issue on which I campaigned for several years back in Wales. I congratulate the noble Lord, Lord Carter, on his comments in a splendid maiden speech.

I highlight the uncertainty across party lines in Senedd Cymru in relation to the impact of this Bill on devolved responsibilities. The Welsh Government have complained about a lack of consultation before the Bill was published and suggest that it trespasses on areas of devolved competence. Can the Minister clarify what the latest position is on this?

As mentioned by the noble Baroness, Lady Finlay, a moment ago, there is also a question about who funds the compensation to the victims of the infected blood scandal, which occurred long before the existence of devolved government. Will the UK Government pay those in Wales who have an entitlement or is it expected that the Welsh Government will do?

Welsh Women’s Aid has highlighted the danger of specialist support services such as advocacy, recovery groups and counselling falling outside the scope of the proposed ISVA and IDVA in Clause 15. There needs to be some clarification and perhaps further thought on that matter.

In Clause 12, a “duty to collaborate” is placed on PCCs and local authorities in England only. Will that apply in Wales? If so, does Senedd Cymru have the necessary devolved powers to make it happen or will such powers be transferred to it?

These and other issues are ones which I hope to address in Committee and I am grateful for this brief opportunity to draw them to the attention of the House.

Prison Capacity

Lord Wigley Excerpts
Tuesday 17th October 2023

(7 months, 1 week ago)

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Lord Wigley Portrait Lord Wigley (PC)
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Is the Minister aware of the very serious problems concerning the recruitment and retention of staff at HMP Berwyn, at Wrexham, one of the newest prisons and the second largest in Europe? It is reported that the staff will not stay because working conditions are intolerable. What are the Government going to do to remedy this?

Lord Bellamy Portrait Lord Bellamy (Con)
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My Lords, I am not in a position today to comment specifically on Berwyn. I had understood that there are many aspects of Berwyn that have been outstandingly successful. I will write to the noble Lord with more detail in response to his question.

Assisted Dying Bill [HL]

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2nd reading
Friday 22nd October 2021

(2 years, 7 months ago)

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Lord Wigley Portrait Lord Wigley (PC)
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My Lords, I thank the noble Baroness, Lady Meacher, for introducing the Bill. Like many colleagues, I find this important Bill immensely difficult, for reasons that I share with many colleagues who take the opposite view. I find it very strange to be on the other side from good friends, such as the noble Baronesses, Lady Grey-Thompson, Lady Finlay and Lady Hollins, the noble Lord, Lord Alton, and others, with whom I have campaigned on many issues, both in this House and outside. But I can only be true to myself; I cannot turn a blind eye or a deaf ear to those families who plead for such legislation to be on the statute book, based on their own harrowing experiences as families.

I have received dozens of letters—handwritten letters—from such people, not repeating the stock arguments of the sort many of us have received in repetitive emails. Yes, I had had twice as many emails as I have had written letters, but in terms of the range of actual human experience, of personal suffering and passionate pleading, the letters in support of the Bill win the day by a country mile. I am persuaded that legislation along these lines is needed, for several reasons, including that I believe it is fundamentally wrong that, while those who can afford or have the capability to organise themselves to go to Switzerland or wherever can find an escape from pain and anguish, those without such resources have to endure ongoing suffering.

Secondly, we are told that the current law is adequate, but we have evidence of people who have been refused any control over the end of their lives resorting to attempting to starve themselves to death to escape their pain. Thirdly, we know of people who are prepared to go to prison in order to allow their relatives to end their suffering and have a degree of dignity in death. Finally, the weight of public opinion is heavily in support of such legislation: 86% of respondents in a 2019 Populus poll in Wales support it.

The present blanket ban on assisted dying is failing and this Bill offers an opportunity to put it right. It should surely be given a Second Reading today, be examined in detail in Committee—and, yes, amended if necessary. Then it should be passed to MPs to do their constitutional duty and not continue hiding from this most basic issue which their constituents want urgently addressed. I support the Bill.

Child Trust Funds: Children with Learning Disabilities

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Thursday 25th March 2021

(3 years, 2 months ago)

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Lord Wolfson of Tredegar Portrait Lord Wolfson of Tredegar (Con)
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My Lords, my noble friend raises a very good point. I can assure Tammie and Hollie Squire that it is not a question of trust. It is, I am afraid, a question of law. The DWP benefits appointee scheme applies only to benefits from the state and does not extend or apply to an individual’s own assets. That legal position is governed by the Mental Capacity Act. I have to work within the confines of the Act, which is why I am working with the judiciary to make the legal route easier, cheaper and quicker.

Lord Wigley Portrait Lord Wigley (PC) [V]
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My Lords, I draw attention to my registered interest as vice-president of Mencap, which has been working with the MoJ on this issue. Can the Minister give the House an update on what progress the advisory group has made to date?

Lord Wolfson of Tredegar Portrait Lord Wolfson of Tredegar (Con)
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My Lords, the advisory group has been meeting not only organisations in the third sector such as Mencap but the financial providers. We have looked at a number of legal and regulatory issues. We believe that the way through this is by working with the Court of Protection. Quite properly, judges control the court and that is the way through to resolving this long-standing problem.

Learning Disabilities: Child Trust Funds

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Thursday 11th February 2021

(3 years, 3 months ago)

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Lord Wolfson of Tredegar Portrait Lord Wolfson of Tredegar (Con)
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My Lords, it is not for the Government to comment on the development of private sector proposals and the extent to which—and whether—they comply with the relevant legislation. We are working with all the financial trade bodies to ensure that parents and guardians of young people who do not have the required mental capacity to make the decision to access a child trust fund at age 18 are aware of both lasting powers of attorney and the important benefit of making an application to the Court of Protection before they reach 18 to avoid court fees.

Lord Wigley Portrait Lord Wigley (PC) [V]
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Does the Minister not accept that there is an urgency about this? Many families face huge administrative burdens and other pressures when their child reaches adulthood. Child trust funds can play an important part in helping with the transition, but accessing them should not become an additional burden, especially when relatively small sums of money are involved. Will he please commit to ensuring that families will be supported proactively in these circumstances —and do this with some urgency?

Lord Wolfson of Tredegar Portrait Lord Wolfson of Tredegar (Con)
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My Lords, I can certainly commit to that: I have arranged meetings later this afternoon to that end, and I will take a personal involvement to ensure that all that can be done is done. I will also liaise with the President of the Family Division but I emphasise that, ultimately, court rules are a matter for the court, and there is a constitutional propriety that I have to maintain.

Prisoners: Foreign Nationals

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Tuesday 12th April 2016

(8 years, 1 month ago)

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Lord Faulks Portrait Lord Faulks
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My Lords, the noble and learned Lord is a champion of those who have been imprisoned under the IPP scheme brought in by the previous Labour Government. The position is that this Government are committed, as I think all Governments before them were, to removing foreign criminals to their own countries where possible. They must be punished but not at the expense of British taxpayers. Therefore they are removed when the relevant section permits their removal. Of course the Secretary of State actively considers the position that he has a power to change the release test but, at the moment, he is not satisfied that it is appropriate to do so.

Lord Wigley Portrait Lord Wigley (PC)
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My Lords, in view of the totally unsatisfactory ongoing position with regard to IPP prisoners, will the Minister convey to the Secretary of State that if the Secretary of State is not willing to take and use the powers at his disposal, he should consider appointing a senior judge to review the working of this system in order to get justice for people who are quite clearly not getting it at present?

Lord Faulks Portrait Lord Faulks
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We have reduced by 584 the number of IPP prisoners in the last year. There is an indeterminate sentence prisoners co-ordination group, run by NOMS, where close examination is taking place of all serving IPP prisoners. Efforts are made to accelerate their access to the appropriate courses, and we have removed backlogs from the Parole Board. We think that everything is being done to make sure that those who are safe to be released are being released when the Parole Board decides.

European Union Referendum Bill

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Wednesday 18th November 2015

(8 years, 6 months ago)

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Lord Blencathra Portrait Lord Blencathra
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I beg to differ with the noble Lord. I have almost concluded my remarks on the timescale on which we ban things and I am trying to show that, over the years, this House and the other place have been raising the age at which young people are permitted to do things. It is quite incongruous to suggest that, as we raise the age bar every year because we do not trust the ability of young people to make certain decisions, we should suddenly say that we will lower to 16 the age at which people have the right to vote in this referendum.

On 21 July this year we banned anyone under the age of 18 from buying fireworks. Without listing all the other legislation through which we have prohibited under 18 year-olds from doing things like opening a bank account, making a will or appearing in an adult court, the trend is pretty obvious. Rather than Parliament acknowledging that young people are growing up faster and can be trusted with decisions, rightly or wrongly, we have been going in the opposite direction. Almost every year we have been raising from 16 to 18 the age at which young people can do things. I simply say that we cannot have it both ways, as the proponents of this amendment are arguing. We cannot say that young people should be permitted to vote at the age of 16 because they are more aware and mature—and then push the age up to 18 for almost everything else.

I conclude by saying that if under 18 year-olds are not fit to serve on a jury and judge the fate of an individual human being, I submit that they are not fit to decide the fate of a nation.

Lord Wigley Portrait Lord Wigley (PC)
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My Lords, I tabled a detailed amendment in Committee to make this provision, but I am very happy indeed to support the amendment moved by the noble Baroness.

Against the background of the constitutional referendum in Scotland last year, it strikes me that a principle has been established that we as a House and the Westminster Parliament are willing to consider, at the very least, that in constitutional matters, this may be appropriate. The rationale as I understand it in Scotland was that the decision was so far-reaching with regard to the future of Scotland that everyone who could make a reasonable contribution to that decision should be encouraged to do so, and that 16 and 17 year-olds were seen in that context. Surely the decision we are about to take with regard to the future of the United Kingdom, inside or outside the European Union, is equally far-reaching. It is going to affect those young people and people of all ages for the rest of their lives.

Of course we have to draw a line somewhere, but saying that it is all right for people aged 16 and 17 to vote does not mean that we must then necessarily say, “What about 15, 14 and 13 year-olds?”. That reduces the argument ad absurdum. The principle has been acknowledged, not only in Scotland but also in Wales with regard to some of the changes to the powers of the Assembly that we may make. How on earth can we say that it is all right for young people in Scotland and Wales to vote, but not for young people in the context of the United Kingdom? Is the relationship of the United Kingdom with the European Union going to be seen as something that looks to the past and to a type of Britain that some people might identify with, but I suspect that the majority, both in this Chamber and certainly in these islands, might not? If we are looking forward, if we are outward-looking and positive and if we want our young people to play a role in that sort of community, surely we should trust them with regard to this vote. I hope very much that this Chamber will give them that opportunity.

European Union Referendum Bill

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Monday 2nd November 2015

(8 years, 6 months ago)

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Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick
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Yes, I would be delighted to do that. I have been interrupted rather a lot of times. I will reply to the noble Lord, Lord Pearson, before following that sage advice. I was not addressing just the question of our trade with other member states. There will be plenty of other opportunities to do that. I was talking about our trade with the rest of the world. If the vote goes for withdrawal, we will have to construct a new British tariff. If that tariff is above the level of the common external tariff, we will have to pay compensation under the WTO rules to every other member of the WTO. These serious matters need to be brought out into the open. I beg to move.

Lord Wigley Portrait Lord Wigley (PC)
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My Lords, I support the noble Lord, Lord Hannay. I cannot see how any reasonable person could possibly object to the amendment, in terms of getting the information that is needed to enable people to come to a balanced decision. Of course, whichever way they vote, the information should be neutral and factual.

My Amendments 28 and 29 are linked to this group and refer to two specific areas, including agriculture, which the noble Lord, Lord Grocott, addressed a few moments ago. Amendment 28 raises the issue of European Union structural funds. This area is of great significance to two-thirds of Wales, which are within the structural fund area and which, since 2000, have received several thousand million pounds, first from Objective 1 funding, then convergence funding and now the current round that runs to 2020.

Currently many organisations in Wales in the public and private sector look to these sources of funding to make a vital difference. If leaving the European Union during this time is going to change the entitlement to such funding, it clearly has a direct, immediate effect on such organisations, whether universities, local government or people in the private sector. They have a right to know about this.

It is not unreasonable to ask for an assessment in the generality but also specifically with regard to the regions that have a direct entitlement to such funding. Some areas, such as South Yorkshire, Merseyside, Cornwall and Northern Ireland and, in the past, the Highlands and Islands of Scotland have benefited from such funding. It is of material consequence. It is made available on the basis of the low level of the economic performance in areas such as Wales. Our GVA per head now stands below 75% of the UK average, because of the failure of successive economic policies. We will not go into whether that failure is on account of what has been done here at Westminster or in the Assembly, but the funding is because of that failure. We are entitled to such funding to try to trigger the economy. Cornwall has undoubtedly succeeded to a considerable extent by using this funding, perhaps better than we have in Wales. Although the authorities in Brussels say that the way in which Wales has used the funding has been an example to other parts of Europe, none the less, we still have these economic problems. People in Wales deciding whether to vote to leave the European Union or to remain in are entitled to some assessment of what effect a loss of this funding might have.

I take the point that was made in the context of the earlier exchanges that perhaps the Treasury would make up for this loss. But history does not fill us with a lot of confidence about that. Until 2000, we were not getting anything at all, because the Treasury refused to put forward proposals to Brussels that would entitle Wales to such funding. It drew a map, divided from north to south, and made sure that neither side of that line was entitled to get the money. It was only when a new map was put forward that we got our entitlement.

Then there was the experience even after we started getting money from Brussels. In 2000, when the Objective 1 money was coming through, we found that it was not being passed on by the Treasury to the National Assembly. We were expected to spend the money but were not getting the contribution from the Treasury because we were already being looked after very well indeed. I went off to Brussels with a delegation to see the then Commissioner for Regional Policy about this. When we explained the situation to him, he turned to his officials and asked in French, “Could this possibly be true?”. His officials confirmed that, yes, Brussels was passing the money over to the Treasury in London and it was not being passed to those areas that were entitled to get the funding. It was outrageous. To his credit, the Commissioner took the matter up with the then Chancellor of the Exchequer, Mr Gordon Brown, and in the financial review a few months later—in July 2000 or 2001, if I remember right—an adjustment was made of the £442 million that had come from Brussels which was meant for Wales but had not been passed over. How on earth can we be expected to have full confidence that London will step in and fill the breach when that has happened in the past? At the very least we should have an assessment made as to what the effects would be, not just in Wales but in the other areas that might be affected by this.

Amendment 29 moves on to the question of agriculture. Whatever the pros and cons in various parts of the United Kingdom of the common agricultural policy may be, the farming unions in Wales have no doubt whatever what the impact will be, as 80% of farm incomes in Wales are dependent on Brussels. Of course, we will be told, “Ah well, that will be made up for again”. Are we going to go back and have something like the Milk Marketing Board regime or the type of sheep meat regimes that we had prior to the European Union? So much of our market for sheep meat is in Europe and the dependency of sheep farmers in particular on the European Union is very considerable indeed. I am not saying that I know all the answers to these arguments—I do not—but the farmers and those in the universities and other sectors of the economy are entitled to know them. At the very least, clear and unbiased statements about the factual reality should be put out by a Government who have looked at both sides of the argument.

At present, Wales gets a net advantage of some £40 per head per annum from the European Union. It is not a tremendous sum but it is an advantage—other areas will no doubt have a disadvantage. People should know, to the best of our ability to tell them, what the effect of pulling out would be. That is the point of these amendments, which have the same objective as the earlier amendment that has been moved. I very much hope that the Government will give some firm commitment on these matters.

Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, I will speak to my Amendment 27. I agree entirely with the noble Lord, Lord Hannay, that this group of amendments and the consequences of leaving or staying in are among the most important that we shall debate in this House. The noble Lord, Lord Hannay, has moved an amendment asking the Government to report on the possible consequences to the UK if we vote to leave. I believe it is equally important that we have an assessment of the likely consequences if we vote to stay in. Some might ask how one can report on that when one has no idea what the EU might agree to in a future treaty. That is true, but only to a certain extent. There is a track record here; the EU has a bit of form on this. It is not as if we have not been here before on numerous occasions.

In 1989 we had the Delors report, calling for full European integration. It was pooh-poohed by the UK Government and press as something that was never going to happen, but that ignored the inexorable drive to ever-closer union—though that was not the terminology then—that led to the Maastricht treaty. We got qualified majority voting and the start of interference in justice and home affairs measures, as well as a host of other unexpected consequences. Of course, the British people were given no say in a referendum. So we got the Delors report, warts and all.

About 10 years later, we had the Valéry Giscard d’Estaing grand report, the draft treaty establishing a constitution for Europe. This, again, was pooh-poohed by EU supporters as not being a radical change, and nothing to worry about. If I recall, the UK Government and press condemned it and said that it should not and would not happen. It was vetoed by France and then the EU did what it always does; it reintroduced it in slightly different clothes as the Lisbon treaty. Some 95% of the EU superstate constitution proposed by d’Estaing was incorporated into the Lisbon treaty and the name was changed from “constitution” in order to deceive the electors of Europe. Once again, the British electorate were given no say.

The point I am trying to make with these two examples is that that there is a track record of the EU taking ever more power from national Governments and vesting it in the Commission. Now we come to the core of my amendments, based on the five presidents’ report, published in June or July this year. If we say to the British people, “Look at this report; this is what you can expect if we stay in”, the response of the BSE campaign will be that it is just some vague suggestions; it may not happen and if it does, it will be years away and will apply only to the eurozone members in any case. In other words, these are the same lines we were spun about the Delors report and the d’Estaing report, but a few years later they became binding treaties.

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Lord Grocott Portrait Lord Grocott
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My Lords, I am sure the noble Lord, Lord Wallace, will agree that it is essential to any dispassionate debate—if such a thing is possible—that both sides of the argument should be presented. All the amendments in this group are of a similar character—they all seek further information to present to the British public before the British public make a very important decision. I do not have a problem with any of the amendments because I am in favour of the British people having all possible information. I would like them to have even more information, were it possible.

I cannot find a way of tabling an amendment on this subject that would be in order, but I would love the British people to be able to consider—on the principle that it is better to look in the history book than in the crystal ball—the last time that a major decision in relation to the European Union was made in this country, which was when we decided not to join the euro. I think that that was a splendid decision by the last Labour Government. They went to some lengths to present to the British people the facts of the arguments of those who were in favour of Britain joining the euro as well as the facts as to whether the forebodings of their prophets of doom came into being. I remember that there were all sorts of arguments about the collapse of inward investment into Britain should we not join the euro, and so on. However, that point is out of order so I shall not speak to it at length.

The only problem I have with these amendments—it was part of my interventions on the noble Lord, Lord Hannay, although it does not, in my book, disqualify the amendments—is that I have considerable doubts that I could say that the word “objective” is a characteristic of every amendment in this group. By way of illustration I will refer again to the common agricultural policy. I mentioned the amendment in the name of the noble Lord—I was about to call him my noble friend, although he is not far off—Lord Wigley, with whom I agree on so many things. I agree with him very much that it is extremely important that there should be support for British agriculture in difficult terrain such as north Wales. The noble Lord knows far more about that than I do, but it is extremely important that there is support for that economic activity in our country. However, if we are to have a report on the consequences of coming out of the common agricultural policy, do we or do we not include the presumption—and only a fair-minded person would have to make this presumption—that some of the moneys currently spent by the British taxpayer on the common agricultural policy should be spent directly on British agriculture by the British Treasury?

Lord Wigley Portrait Lord Wigley
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That is, indeed, a central question. However, it is not a matter on which we should make an assumption. We should be told whether or not that will be the case.

Lord Grocott Portrait Lord Grocott
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It would be fine if that happened, but the figures are worth reflecting on. I find it difficult to imagine that the contribution to British agriculture would be less than it is currently via the common agricultural policy. I took the precaution of getting an up-to-date figure—I assume that responses from Ministers are accurate on these matters. I asked the Government two or three weeks ago what the current cost of the common agricultural policy was and the answer from the noble Lord, Lord Gardiner of Kimble, was €55 billion for 2015. He went on to say that the CAP accounts for 40% of the EU budget.

Noble Lords who regularly contribute to economic debates—which I do not—will be able to do these figures in their heads. However, €55 billion is the total cost of the CAP. That represents 40% of the EU budget. The UK contribution to the EU budget as a whole is €16 billion. Let us work that out. Off the top of my head, I think the British contribution to the cost of the common agricultural policy is 2 billion or 3 billion euros. I repeat that I have doubts about the use of the word “objective” in this kind of discussion, but it seems that anyone considering this objectively would have to consider that a very substantial contribution to agriculture—that vital industry in this country—would have to come from the British Exchequer if there were less support coming via our contributions to the CAP.

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Lord Dobbs Portrait Lord Dobbs
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My Lords, the noble Lord, Lord Wigley, said that he could not see how any reasonable person could possibly object to these amendments. I hope that I will be able to open his eyes just a little. We have already heard, even in the extended debate on this proposal, just how easy it is to slip into outright campaigning. It seems to be impossible to separate the facts from the campaigning. They say that there are facts, political facts and campaigning manifestos. I happen to have written a few campaigning manifestos in my time. I know what wicked statements they are, and I am very glad that I have left all that behind me and now simply write works of fiction.

The amendments of the noble Lords, Lord Hannay and Lord Blencathra, and others call for an official report—but could any official report ever be worth the paper it was printed on? For instance, an official report at the start of this year that talked about immigration policy in Europe would not have known how events were going to impact on it, and would presumably have looked totally different six months later. The noble Lords, Lord Wigley and Lord Hannay, ask us to gaze into the future of agricultural policy. What will happen if we vote to leave? It depends who is making those decisions after we leave. You do not have to be a political seer to suggest that there is a strong possibility that, if we decide to leave the EU, we will not even know who is going to be Prime Minister six months after that vote. That is the political reality.

Lord Wigley Portrait Lord Wigley
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Does the noble Lord not accept that the Prime Minister himself, when he comes to a judgment on whether to recommend the package he will have renegotiated, will be making some assessments—presumably quantifiable—of the implications of that renegotiation? Is it not reasonable that those who are asked to vote on this have as much information as possible?

Lord Dobbs Portrait Lord Dobbs
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I agree entirely with the noble Lord that they should have as much information as possible. However, as well as known unknowns there are also unknown unknowns—as someone once said—which are completely dominant in this area. As far as the EU is concerned, it is the unknown unknowns that have come to the fore and gained strength in recent months and years.

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Baroness Anelay of St Johns Portrait The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)
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My Lords, I am grateful to all noble Lords for their contributions to what has been an extensive and certainly an important debate today. This Bill sets the stage for one of the biggest decisions that the British public have been asked to make in a generation. It is absolutely right to say, therefore, that the British public should expect to be able to make an informed decision and to be provided with information about the possible consequences of the decision they take when they cast their vote.

The debates today give the Committee the opportunity to consider what information it is appropriate and/or necessary for the Government to provide at the conclusion of the negotiations for a reformed EU. As the Electoral Commission has recognised, it is the designated campaign organisations that will play a crucial role in providing such information. This is the established practice in the United Kingdom and is in line with the Council of Europe’s best practice guidance on referendums. However, as the noble Lord, Lord Hannay, has argued, along with many other noble Lords, there may also be a role for the Government. That issue has been fully discussed today, and there are further matters relating to that in other groups that we will discuss later today.

Each of the amendments in this group creates a statutory requirement for the Secretary of State to publish a report no later than 12 weeks before the date of the referendum and to lay such reports before each House of Parliament. Before I refer to the timeframe itself, in line with the normal practice in these circumstances, I should comment on the different content required in each report as set out in the amendments themselves.

Amendment 21, in the names of the noble Lord, Lord Hannay, the noble Baronesses, Lady Morgan of Ely and Lady Smith of Newnham, and my noble friend Lord Bowness, requires the Government to publish a report that sets out information on the consequences of withdrawal from the European Union. The report must cover: the effect that withdrawal would have on the rights of individuals in the UK, and on the rights of UK and EU citizens living in the EU and UK respectively; the legislative consequences for each government department and the devolved Administrations; and the impact on social and environmental legislation, law enforcement, security and justice. Many noble Lords have intervened in other Members’ speeches with regard to these matters.

This has been a very useful opening salvo to the debates today on information, but I rather feel that the noble Lord, Lord Hannay, will not be too surprised if I remark that his amendment is highly prescriptive. I know that he meant to set out a very good construct around which other noble Lords could contribute; he has achieved just that and I am grateful to him. As for the content of the amendment, the duties that it imposes are onerous. That is not necessarily a reason to not do this, but I am very mindful of what my noble friend Lord Higgins said when he posed the question of whom these reports are meant to be for. That is what we need at the core of our deliberation. The public are educated and sophisticated, and those of us who are unelected take those who cast their votes for another place very seriously indeed. When we go on the doorstep, we listen to what they say. We are confident, as we should be, that they want to see clear, objective information, but the question to consider is how that will be best delivered. How will it be objective? As my noble friend Lord Higgins said: how will it be accessible? We want not to overwhelm people with detail but to enable them to make an informed decision.

Amendment 21 would also need to be carefully reworked before it could appear in the Bill. For example, the references to “European” or “United Kingdom citizens” and to “devolved jurisdictions” would need to be corrected. We would need to work out whether there was an intended distinction between the use of the terms “legislative” and “statutory”. We would also need to clarify what was intended by the term “social legislation”, which is at present so broad as to be unclear. The very broad nature of the examples that noble Lords gave showed the difficulty with the definition. We would also need to think carefully about which of the areas in question, such as environmental legislation, were devolved matters.

I know the noble Lord, Lord Hannay, has used this as a valuable spur to debate, but I should put on the record why it would not be appropriate to accept the amendment, which appears to require detailed analysis of future discretionary changes to devolved legislation, without first consulting the devolved Administrations. I hope that noble Lords will accept that it would be inappropriate to commit at this stage, on behalf of four different Governments, to producing such broad analysis. To condense this into one report could be confusing to those who need to make a decision at the ballot box.

Amendment 27, tabled by my noble friends Lord Blencathra, Lord Hamilton and Lord Flight, would create a statutory requirement for the Secretary of State to publish a report and lay it before both Houses of Parliament 12 weeks before the date of the poll. Unlike Amendment 21, this report must set out the consequences for the United Kingdom of remaining in the European Union. The amendment has given the Committee a valuable opportunity to broaden the debate on what constitutes information appropriate for the Government to publish. In that respect, it assists the debate today. However, like Amendment 21, this is a highly prescriptive amendment that sets out six areas that the report must cover. These include the effect on the UK’s social security systems, its insolvency law and its place on the IMF if it were to remain in the European Union. Noble Lords will be aware that providing the level of detail required by this amendment on a wide range of policy areas could involve a high degree of speculation. We would all be cautious about that, I hope. Without a crystal ball—I do not have one to hand—I fear that we could struggle to anticipate future policy developments at EU level. I know, as I have heard it from all quarters around the Committee all afternoon, that noble Lords want to ensure that any information provided to the public is well founded and assists an informed decision.

Amendments 28 and 29, from the noble Lord, Lord Wigley, and Amendment 30, from the noble Baroness, Lady Morgan, focus on the consequences of a withdrawal from the EU on structural funds, support for agriculture and Gibraltar. Amendments 31 and 32, from the noble Lord, Lord Green of Deddington, focus on the consequences on net migration of remaining in the EU and access to citizenship for non-EU citizens within member states. I will make two points with regard to all these amendments. These are highly specific obligations. The question we need to consider is whether every one of the requirements set out in these amendments represents the extent of the information that the general public would need from the Government or not. We come back to the question of what it is right for the Government to propose for the public—which includes us as voters—to be able to make a well-informed decision. Noble Lords clearly already have varied views on that, and we need to see how we take that forward to be able to come to some common conclusions at some stage.

Lord Wigley Portrait Lord Wigley
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I thank the noble Baroness for the attention she is giving this. If the Government were unable, after considering this matter, to give a commitment to bringing reports on structural funds and agriculture—which my two amendments address—would she rule out the right of the National Assembly for Wales to bring forward its own reports and its own interpretation of the situation?

Baroness Anelay of St Johns Portrait Baroness Anelay of St Johns
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My Lords, it would be wrong of me to give a commitment on that until I have come to the conclusion of what I may or may not be able to offer. I do not want to provide too much hope about what I am going to be able to offer, but I hope it will be seen to be constructive, which is how it is intended. I know the noble Lord makes a very serious point in his intervention. At the base of this, and what needs serious consideration, is what the Government should be providing and what should be provided by campaigning bodies.