Deregulation Bill
Debate between Lord Gardiner of Kimble and Lord Rooker
Lord Rooker
The answer to that is: because it would cause massive unpredictability at the time as no one would know the results. Before the Minister sits down, will he address the point about the letter that was referred to, and the clear statement in it, from Jeremy Hunt in 2010?
Lord Gardiner of Kimble
Our overriding aim is to ensure that the system is appropriate, proportionate and fair and represents the best value. It is important that we achieve the best outcome for licence fee payers but also that we achieve an appropriate outcome for the BBC. I do not accept that this will necessarily adversely affect the BBC; the whole purpose of the terms of reference is to ensure that all these matters are given due and proper consideration. If the Government’s options were constrained by the proposed amendment, then that might not be the case.
Much of the discussion of the review and the potential changes to the enforcement regime has presumed that the outcome will be a negative one for the BBC. That is simply not the case. Again, I draw noble Lords’ attention to the terms of reference for the review and to the independence from the Government of the lead reviewer. I reiterate that the intended outcome of the review is recommendations that achieve the optimal result for all—licence fee payers, the courts system and the BBC itself. As I have said, the review recommendations will require serious consideration by the Government of the day, and this House will have a further opportunity to scrutinise and approve any proposed changes.
This process will take time; indeed, along with the wider considerations, any changes would be unlikely to be finalised much before 1 April 2017. However, we believe that to tie any changes to a specific date would be a constraint that could delay improvements—I emphasise “improvements”—to the regime for the people that the noble Baroness, Lady Corston, and my noble and learned friend Lord Mackay of Clashfern were bringing into their considerations. We should not presume that these are not improvements.
Arts Council: Spending Outside London
Debate between Lord Gardiner of Kimble and Lord Rooker(9 years, 6 months ago)
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Lord Gardiner of Kimble
I think that it is universally and widely accepted that the Arts Council is doing a very good job in difficult circumstances that we all acknowledge. There have been some interesting developments regarding the way in which a number of innovative councils have been looking at how to deliver services on the arts and heritage more efficiently, whether by setting up charitable trusts, creating mutuals, outsourcing or sharing services. There are many good examples of local authorities of all political compositions doing well in that.
Lord Rooker (Lab)
My Lords, will the Minister have a word with his colleagues in the Department for Communities and Local Government in respect of some of the schemes it administers for arts outside London? Recently, under one scheme it is administering, it changed the closing date for applications while the process was under way, thereby depriving hundreds of small arts groups around the country of the chance to complete their applications. That has to be unfair, and is bad administration. The Arts Council does not operate like that; this was a central government department.
Lord Gardiner of Kimble
My Lords, it would be most helpful if I could have a conversation with the noble Lord so that I can take back specifically the point that he has made.
Deregulation Bill
Debate between Lord Gardiner of Kimble and Lord Rooker(9 years, 6 months ago)
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Lord Rooker
My Lords, I think that there is only one other person in the Room who sat through three months of the draft Deregulation Bill. I want to make a suggestion to the Minister that he can answer when he comes to reply to that very powerful speech. Given the amount of legislation that we have just had recited to us that is up to date and modern, why has this issue not yet been referred to the Law Commission? We know that there has been a bit of a problem between Ministers and the Law Commission; that was self-evident when we took evidence from both parties about the reform and updating of legislation. Part of that is to do with deregulation, part of it is modernisation and part of it is legislation that is allegedly of no further practical use—there will be a debate on that next week. In this case, though, bearing in mind that we do not make substantive decisions in Grand Committee, what is the reason why the issue cannot be referred to the Law Commission?
Lord Gardiner of Kimble
My Lords, I thank my noble friend for his amendment. The Government are clear that busking can enrich a community’s quality of life and generate a positive atmosphere enjoyed by many people. Regrettably, though, street entertainment can sometimes be a source of conflict between buskers, businesses and residents. Complaints of noise, nuisance and anti-social behaviour can arise, and police and local councils have to respond and try to find solutions.
The Government do not start from the position that busking requires regulation and control. Busking should be about freedom of the individual, and only if necessary should local action be taken to curb certain excesses. To answer the noble Lord, Lord Rooker, although I am still waiting for some advice, there is actually no general legislation on the subject of busking but local authorities can have policies on it, including codes of conduct or permit regimes, and occasionally by-laws and local authority legislation, such as the London Local Authorities Act 2000. That Act enables London councils to license busking. Indeed, it is a matter for London councils to determine whether or not they utilise these powers.
The amendment proposes that a government Bill should seek to overturn private legislation promoted by London local authorities and passed by Parliament. If we were to accept the amendment, the Government would indeed be saying that London councils should not have the option to decide whether or not to license busking based on local circumstances. Indeed, we feel that this is not a subject for top-down government solutions; it is for local authorities to determine fair, reasonable and transparent policies in relation to managing our streets.
As far as the Metropolitan Police Act 1839 is concerned, while Section 54(14) is rarely used, the Metropolitan Police need to retain the provision to give their officers the tactical option of dealing with what they have called “busking-related offences”. We are seeking to strike a balance between freedom to busk and having to control nuisance caused by persons with no musical intent.
Lord Rooker
This is the issue that was before the Committee: there are different functions. The commission can look at legislation that might be of no practical use. There is some of that in Schedule 20—none of which was looked at by the Law Commission, I might add; it was dreamed up by civil servants. However, it will also look at modernising legislation. On the basis of the speech given by the noble Lord, Lord Stoneham, the legislation needs modernising, because all the offences are covered by more modern legislation than the 1839 legislation to meet the modern day. So the commission is quite capable of looking at modernising legislation as well as considering legislation that is no longer in use. That is a separate function of the Law Commission.
Lord Gardiner of Kimble
My Lords, I hope it might help the noble Lord, Lord Rooker, if I say that I will specifically make known to my colleagues the observation that the noble Lord has made. However, on that basis, I hope that my noble friend will be prepared to withdraw his amendment.
Deregulation Bill
Debate between Lord Gardiner of Kimble and Lord Rooker(9 years, 7 months ago)
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Lord Gardiner of Kimble
My Lords, I am fast becoming aware of that. I do not want to provoke my noble friends, but since local authorities took on responsibility for parking enforcement the income from parking has gone up significantly. Local authority surpluses from parking income have more than doubled from £223 million to £512 million between 1997 and 2010. There are obviously some local authorities that are increasing surpluses—clearly not the local authorities with which my noble friends have been associated or which they may know. I pass those figures on as a matter of record.
The Government believe that these proposals are necessary as a matter of principle. People should be able to see what they are accused of when they return to their vehicle, so that they have the opportunity to examine the area for themselves. It is not reasonable for drivers to receive a ticket in the post up to two weeks after the incident has taken place.
The Government also believe that some local authorities are ignoring operational guidance and using CCTVs in areas in which they should not do so. The Traffic Penalty Tribunal told the Transport Select Committee that adjudicators have found cases where camera enforcement is used as a matter of routine where the strict requirements for use in the guidance do not appear to be present. By bringing forward this legislation the Government are seeking to ensure that parking practices are fairer for people.
Lord Rooker (Lab)
What is the difference between getting a ticket through the post as a result of camera activity two weeks after the event and getting a ticket in the post as a result of camera activity two weeks after the event when you are whizzing up the M40 and there has been a police car on one of the bridges?
Lord Gardiner of Kimble
The noble Lord, Lord Rooker, used the word “whizzing”. I am not sure that anyone could start placing the ticket on a vehicle going at 80 or 90 miles an hour on the motorway. However, I take his point more seriously than perhaps is suggested by making that instant judgment as to why it would not be possible to adhere to these principles for someone going at 80 or 90 miles an hour on the motorway.
Lord Prescott
I thank the Minister very much for giving a response to the last point—I could not expect him to have all the details, but at least he is aware of the problem. However, I still believe it is the right of every British citizen to have an investigation or an inquest—if, for example, their daughter has died. We should surely be entitled to report back to the people and have our Government involved in an inquest, as the Americans are doing. Our Government say, “It happened on a ship registered in the Bahamas”—but the authorities there have not had an inquest, so we should do it. I do not expect the Minister to give an answer, as it is a highly technical point, but perhaps he could just write to me with information from the department as to why we cannot have an inquest on a citizen who has gone missing, whatever the circumstances. The Americans have acted on it, and the least we could do is offer an inquest in which our own police are involved.
Lord Rooker
Is the Minister going to get back up with the advice he has got?
Lord Gardiner of Kimble
The advice is not on that particular matter but on another one.
Lord Rooker
My Lords, I sincerely thank the Minister for his response. This is not an area I have any detailed knowledge of whatever, but I understand that over the years there have been considerable improvements, and heaven forbid there is another big loss. Part of the briefing that I have is about the size of ships. The “Derbyshire” remains the largest UK-registered ship to have been lost at sea—I was unaware of that. It was big, with a gross tonnage of 91,000. As my noble friend said, at the time the bulk carriers accounted for only 7% of the world fleet but for 57% of lost ships, so there was clearly something wrong there that had to be looked at. I find it astonishing that it was found on the sea bed at 4,200 metres. That is an astonishing depth at which to locate and recover a ship.
I will refrain from saying too much about the “Trident”, because with my noble friend here I am trying to cut down my material, but the Minister referred to it. The “Trident” was lost for 35 years. Was there not a sniff at one time that because it had been lost for so long, the cost of reopening the case was considered by some people disproportionate to the potential benefits? Only one recommendation came out of that, while 22 came out of the “Derbyshire”. The Government’s argument—my noble friend raised this because of his detailed knowledge—completely ignores the benefit of emotional closure for the families. The Minister did not refer to that at all, but it is a matter which should be addressed. If there is a sniff about cost here, I would like some further and better particulars before Report. No one is making a cost argument, I am just naturally suspicious and it is a factor that I think has to be considered at the back of our minds.
I am on record as supporting the Bill and am very much in favour of deregulation. The Government do not go far enough sometimes, and the Bill introduces regulation to avoid regulation, so it does bits of both. However, the issue here, unlike other parts of the Bill, is that we know that people have died or have been missing for decades. As a result, we know we have the issue of the families, which should be considered. There are very few cases, as has been said.
Finally, my noble friend is quite right about the discretion of argument. Just looking around the Room, I see former departmental Ministers. I do not know about the noble Lord, Lord Wallace, but there is a difference in the coalition between being Whips and being answerable for other Ministers; I fully accept that. My noble friends Lord Whitty and Lord Prescott and I have been departmental Ministers—I was at a much lower level than my noble friend Lord Prescott—but the issue of discretion is interesting. You are allowed, as a Minister, to choose the colour of your car.
Broadband and Mobile Coverage
Debate between Lord Gardiner of Kimble and Lord Rooker
Lord Gardiner of Kimble
My Lords, there is always room to do better, but the programmes are on track. All that can be done is being done to increase the pace of delivery, which is a priority. I should say that the Minister for Culture, Communications and Creative Industries is holding an open surgery on superfast broadband in Committee Room 14 at 3.30 pm. Your Lordships are most welcome to attend as it is very important that issues of concern are put directly to the Minister and officials dealing with the matter.
Lord Rooker (Lab)
Will the Minister confirm that all local authorities involved in the rollout requiring match funding are co-operating, as there were reports last weekend in some rural areas—I cite Shropshire—of Tory-led councils saying that they were not prepared to put in their £11 million of match funding? It will be disastrous for rural areas if local authorities cannot match the funding that is required.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Lord Gardiner of Kimble and Lord Rooker(10 years, 4 months ago)
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Lord Gardiner of Kimble (Con)
My Lords, with the greatest respect, we are really getting beyond the guidance in the Companion regarding Report stage. I think that in a sense the House would like to make some progress.
Lord Rooker
My Lords, I will take three minutes; I am not going into technicalities and I freely admit I am going to introduce a bit of partisanship.
The Charity Commission states:
“Charities must never support political parties”.
If that was the case—if that was the norm—we would not have a problem. I would like to vote for this but charities have got to be regulated, even during the electoral period. I make no apology: I raised this before, at Second Reading.
Page 14 of the Conservative manifesto for the 2010 election shows a full-page portrait of the chief executive of a large national charity, extolling the virtues of the policies set out on the subsequent pages. This was the Conservative Party manifesto using a charity for party-political purposes. I was appalled when I saw it and could not understand why there was not a row about it. That chief executive, whom I later recognised, turned up in this House a few months later. I am not going to mention her name because I have not given notice, but the charity is Tomorrow’s People. This was a thundering disgrace and I would like, in the discussions that are about to take place, an assurance that political parties will submit their manifestos to the Charity Commission and the Electoral Commission to make sure that this kind of abuse of the system and of charities does not happen again, either by the Conservative Party or, inadvertently, by any other political party.
I apologise for introducing a note of partisanship, but I have been waiting a long time to say this.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Lord Gardiner of Kimble and Lord Rooker(10 years, 5 months ago)
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Lord Gardiner of Kimble
To answer the noble Lord, Lord Rooker, this is a technique used widely in America. Although it is not prevalent here, if we leave an unregulated space for it we run the risk that we will see it here. I do not think that any of your Lordships would want something like this to take hold as it has in America. By removing market research from the list of activities which incur controlled expenditure, we believe that we open up a potential gap. Therefore, we have these concerns.
Amendment 162, which deals with media events, would amend Schedule 3 so that only press conferences organised by a recognised third party would count as controlled expenditure. Organised media events are included alongside press conferences to capture activities with the media which could be seen as promoting or procuring the electoral success of a party or candidate, but which is wider than just press conferences. We recognise that the normal meaning of “press conferences” is likely to catch most organised media events, but we do not want to leave reasons for doubt as to what may or may not be covered by that specific term. That would create unnecessary ambiguity.
The Government have therefore worked closely with the Electoral Commission and interested parties to ensure that the correct balance is struck in terms of the media activities we are seeking to bring into the regime. We do not want, nor does the Bill provide for, ad hoc dealings with the media to be regarded as controlled expenditure. However, where a third party organises a press conference or other media event which could reasonably be regarded as promoting or procuring the electoral success of a candidate or party, that is activity that should be regarded as controlled expenditure and accounted for by means of transparency accordingly. By removing other media events from the list of activities that count as controlled expenditure, we open up a potential ambiguity and a potential gap in the regulatory regime.
Turning to the amendments dealing with transport, Amendment 163 would amend Schedule 3 so that controlled expenditure would not be incurred in respect of transporting people to a place or places with a view to obtaining publicity. The Government acknowledge the particular issues that this may raise for campaigners or for those working with people with disabilities, and that costs associated with the transport of people with a disability may need to be excluded from controlled expenditure. The Government wish to consider this issue carefully and will revisit this subject on Report.
A number of amendments deal with public rallies and conferences. They would extend the exclusion of conferences to all conferences, not just those held annually, and confirm that costs associated with persons attending a public rally or other public event would not be included as controlled expenditure. The amendments would remove public rallies from the list of activities.
This is so important so I repeat that only public rallies or public events that promote or procure the electoral success of a party or candidates would count as controlled expenditure. The Government listened to the concerns of charities and trade unions and brought forward an amendment in the other place to exclude annual conferences. That is the same exclusion applicable to political parties.
I wanted to say to the noble Baroness, Lady Hollins, that I am assured that all annual conferences of the BMA would be excluded, as would those of any other organisation that had more than one annual conference. Additionally, if a recognised third party were to hire a conference centre and invite only its members or committed supporters, that would not count as controlled expenditure.
However, if a third party were to hold a rally or meeting in a public park or hold a protest in Whitehall seeking to promote or procure the electoral success of a party or candidates, the Government believe that this activity should count as controlled expenditure. I emphasise that the Bill does not prevent such activities taking place, just that such activity is properly accounted for.
I want to refer to the Countryside Alliance, as I spent 15 years of my existence supporting that excellent organisation. I was on the barricades many times with the noble Baroness, Lady Mallalieu, and I think that we had right on our side. But we were punctilious about not promoting or procuring the electoral advantage of a party or candidate. I am conscious that the noble Baroness sits on the opposite Bench from me; in fact the person who chairs the organisation sits in the other place as a Labour Member of Parliament. We were punctilious about these matters.
The noble Lord, Lord Best, spoke about Great Food Debate events. I simply cannot see how they would promote the electoral success of parties or candidates. In other words, I do not see that a reasonable person would suggest that a Great Food Debate was about promoting parties or candidates. They are about engaging in the political process; certainly not about promoting electoral success.
The Government are keen to strike the correct balance because we want to ensure that where there is promotion and procurement of electoral success, there is transparency, it is understood and is open to the public. However, we are very conscious that we need to preserve the freedom to speak out on issues that we expect and want civil society in this country to enjoy. It is part of the essence of our democracy that civil society should not feel that this is a Bill which presents them with these difficulties.
The Government acknowledge, for instance, that there is a case for excluding the costs associated with security and safety around a public rally. A number of noble Lords have mentioned Northern Ireland in this respect, and it comes very much as part of the recommendations made by the Commission on Civil Society and Democratic Engagement. The noble and right reverend Lord, Lord Harries of Pentregarth, raised Northern Ireland in particular, so the Government will consider this issue carefully and return to the matter on Report.
Further amendments have been tabled on staff, translation, accessibility, and security and safety costs. My noble friend Lord Tyler, speaking to his Amendment 165A, talked about whether the costs associated with staff directly employed by the third party would be excluded from the calculation of costs for controlled expenditure on transport, press conferences, organised media events, and public rallies and events. Staff costs would be included for electoral materials, canvassing and market research.
A further amendment from the noble and right reverend Lord, Lord Harries, concerns the costs associated with staffing for the provision of materials in translation or in an accessible form for those with physical or learning disabilities, safety and security measures, and communications with third parties, with committed supporters being excluded. The PPERA Act 2000 has always required third parties to account for staff costs, a point made specifically by my noble friend Lord Tyler. The Bill, while extending the range of activities that may incur controlled expenditure, retains the need for staff costs to be excluded. I know that concern has been expressed by third parties regarding staff costs and by your Lordships today: first, that third parties have to account for these costs while political parties do not; and, secondly, to the difficulties for third parties in calculating staff time. On the issue of third parties having to account for these costs while political parties do not, noble Lords will be aware that when Parliament passed the PPERA Act, it was felt to be transparent and proportionate for a third party to account for staff time. This was on the basis that a third party undertakes activities rather than political campaigning where the third party enters into political campaigning to procure the success of a candidate or party. There was a feeling then that spending on these purposes should be transparent.
All of that said, the Government acknowledge that there are genuine concerns regarding the issue of the calculation of staff costs. It is important that a balance is struck between transparency and proportionate reporting requirements. In terms of excluding the costs associated with translating materials, making materials more accessible to those with physical or learning difficulties—the noble Lord, Lord Ramsbotham, and the noble Baroness, Lady Hollins, specifically raised this issue, and rightly so—the Commission on Civil Society and Democratic Engagement covered these points in an extremely valid way. The Government support ensuring that materials are accessible to all electors and they have received representations related to translating materials. We have heard from campaigners, and some very important points have been made about Northern Ireland, particularly by the noble Baroness, Lady Mallalieu. I want to confirm again that the Government will be considering these issues carefully in the light of today’s debate and we will return to them on Report.
The Government also acknowledge that in discussion with third parties from community groups to charities, there is a need for clear guidance; that is of vital importance. The Electoral Commission is aware of the important role its guidance plays and it is committed to providing such guidance in good time for campaigners.
I turn now to the order-making powers and a number of amendments which have been tabled in this regard. The Electoral Commission’s regulatory review, published in June 2013, made it clear that the PPERA Act does not provide the flexibility to update the rules on non-party campaigning through secondary legislation. This is in contrast with the list of items defined as controlled expenditure for political parties, which can be amended through secondary legislation. The Government support the recommendation of the Electoral Commission, and provision has been provided in the Bill. The order-making power, as with other similar powers in PPERA, will apply either after consultation with the Electoral Commission or to give effect to a recommendation of the commission. Parliament will be able to scrutinise and debate any order that is put forward in the usual way. The order-making power is subject to the affirmative resolution procedure. Such a power allows the regulatory framework to respond to changes in campaign activities and methods of campaigning. This flexibility would be greatly reduced and the regulatory regime could be undermined if such changes could be made only through primary legislation.
Lord Rooker
I would like to ask the Minister a question. When this was raised by a colleague—I do not know who it was—it related to Schedule 3 which, on page 58 in paragraph 3 of new Schedule 8A, sets out the power to amend Part 1. Is there a connection between sub-paragraphs (1) and (2)? Sub-paragraph (1) reads as:
“The Secretary of State may by order make such amendments of Part 1 of this Schedule as he considers appropriate”.
That stands on its own, but sub-paragraph (2) states that he,
“may make such an order”,
after he has received a recommendation from the commission. Surely it should read that he may make an order “only” after he has a recommendation from the commission. Is sub-paragraph (1) dependent on sub-paragraph (2)? The Minister may not answer me now, but I hope that he will do so at some point because it looks like a real Henry VIII power and it is not explained properly. There is no connection between sub-paragraphs (1) and (2), but I think there should be.
Lord Gardiner of Kimble
I suspect that I may want to avail myself of the noble Lord’s very kind suggestion. In order to get the intricacies of this right, I probably need to look at it. It is important that we get this right throughout the process.
Perhaps I should say to the noble Lord, Lord Aberdare, that I think that my noble and learned friend has made it clear that the Government fully intend there to be a review as part of the amendments that will come through on Report. There will be a review after the general election in 2015.
This group of amendments reflects the fact that the Government want to get this absolutely right. Points have been made on all sides of the Committee which the Government will return to on Report. Given the hour, I hope that noble Lords will forgive me that if there are any outstanding points I find in Hansard, I will respond to them.