House of Lords
Monday, 10 November 2014.
2.30 pm
Prayers—read by the Lord Bishop of Coventry.
Introduction: Baroness Janke
2.38 pm
Barbara Lilian Janke, having been created Baroness Janke, of Clifton in the City and County of Bristol, was introduced and took the oath, supported by Lord Tope and Baroness Maddock, and signed an undertaking to abide by the Code of Conduct.
Asylum Seekers: Mental Health
Question
2.42 pm
Asked by Lord Roberts of Llandudno
To ask Her Majesty’s Government what is their assessment of the mental health of asylum seekers who have had to wait 12 months or longer before being allowed to apply for work.
The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con): My Lords, asylum seekers may apply for permission to work if their claim has been outstanding for 12 months. The Government have had no cause to assess the impact of this policy on the mental health of asylum seekers. However, we are always open to discussing any welfare concerns with voluntary sector and refugee groups.
Lord Roberts of Llandudno (LD): I am grateful to the Minister for his Answer. However, does he not agree that we are all very much aware of the stress and tension that are caused when someone cannot find a job, which sometimes lead to suicide? Will he consider that asylum seekers, who are not allowed even to apply for a job for 12 months, face stress even worse than that faced by others? We know that there have been cases of suicide because of the prohibition against allowing them to work for that first 12 months. Would it not be a humanitarian gesture for us to reduce that 12 months to six months, so that asylum seekers have less time to wait until they can apply for work?
Lord Bates: It is a very difficult situation. Of course, we have every sympathy with the people who come here. However, the reality is that, if they are allowed to work while they are not here legally, we are saying that they are able to compete in the labour market with people who are here legally. That would be unfair. It is not the case that they cannot work; they are able to volunteer in the community and they are getting support, with all their accommodation covered and access to education and health care, including mental health care if they need it.
Baroness Lister of Burtersett (Lab): My Lords, the denial of the right to paid work, as well as the inadequate asylum support system, can lead to severe poverty or even destitution. Last week, the Joint Committee on Human Rights heard evidence that women, many of whom have fled violence, are thereby made vulnerable to further violence and sexual exploitation. What steps are the Government taking to prevent this as part of their strategy to end violence against women and girls?
Lord Bates: I accept the point that the noble Baroness is making about the importance of providing that protection. Of course, asylum seekers have accommodation with all utility bills and council tax paid, access to legal aid, safety and protection and a liaison officer allocated to them. However, in providing the care, we need to reach a decision on their asylum claims as quickly as possible so that they can get on and rebuild their lives.
Lord Dubs (Lab): My Lords, of course one wants quick decisions because it is not fair to keep people hanging on month after month after month. However,
does the Minister accept that it is humiliating and frustrating to want to work and not to be allowed to? Would it save the country money if these people were allowed to work and contribute more to our society?
Lord Bates: The six-month period applies broadly across Europe. We have arrived at the figure of 12 months but the key is to speed up the decision-making process. However, during that time we encourage people to undertake volunteering, learn the English language and take IT courses. They can get support with those types of initiative.
Baroness Hamwee (LD): My Lords, I have heard concerns expressed by the BMA and others about the desperate need to train doctors and other workers who deal with people in immigration detention, including, particularly, to train them in awareness of post-traumatic stress disorder and other conditions from which asylum seekers and some other immigrants are likely to suffer. Is there better training provision outside detention?
Lord Bates: The numbers going into detention on what is called a fast-track process are relatively small—about 15% of the total. We contract with Migrant Help, which does excellent work in providing advice to asylum seekers during their application process—for example, helping them register with a GP or getting their children enrolled in school. Progress is being made but I accept that we are talking about very vulnerable people.
Baroness Hussein-Ece (LD): My Lords, will my noble friend clarify what he said in reply to my noble friend Lord Roberts? I thought I heard him refer to people who are here illegally. However, the Question is about asylum seekers who are here perfectly legally, waiting for their case to be heard and a decision to be made, which, as he will know, sometimes takes years. In the mean time, they are not allowed to work. Will he clarify what he said earlier about illegality?
Lord Bates: Absolutely; I am happy to clarify that. I was talking about people who had a legal right to seek employment in this country. They should be protected and be able to apply for jobs in the first instance.
Baroness Finlay of Llandaff (CB): The Government have to date not allowed retired NHS doctors who volunteer to work with asylum seekers to set against tax the cost of their General Medical Council and defence union payments. Will the Government undertake to look at this again? These doctors are acting as volunteers to meet the health needs of this group but are incurring huge expense in so doing.
Lord Bates: I am very happy to look at this but doctors are in one of the shortage occupations and would be eligible to apply for work after the 12-month period.
Baroness Smith of Basildon (Lab): My Lords, it is very hard for any of us to imagine the tragedy and fear that drive somebody to leave their home and travel many miles—thousands of miles in many cases—to seek sanctuary and asylum. They have often suffered considerably. The Minister said that he is concerned about mental health issues. May I ask him two questions? What measures do the Government take to assess someone’s mental health while they are seeking asylum? He also said that it is important to speed up the asylum application process. What evidence does he have that the Government have speeded up that process?
Lord Bates: The process is genuinely speeding up. We have given a commitment that everybody who applied before 2012 will have their case decided by the end of this calendar year. Seventy per cent of applications are decided within six months, and 35% of those people are given the right to stay, so there is speed in the system. We have recruited extra people to help. As for mental health needs, that is clearly a clinical decision. When someone is registered with a GP and in contact with the NHS, their condition can be assessed.
Lord Morris of Aberavon (Lab): My Lords, will the Minister answer the noble Baroness who raised a question a few minutes ago?
Lord Bates: Judging by the general murmurings, I think that I may have misheard the noble Baroness. I thought the question was about whether asylum seekers would be able to work if they were doctors, but I gather that it must have been about something else—in which case I apologise, and I will be happy to write and clarify the matter.
Underoccupancy Charge: Carers
Question
2.50 pm
To ask Her Majesty’s Government what consideration they have given to exempting unpaid carers from the underoccupancy charge.
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud) (Con): An unpaid resident carer is allocated a bedroom, unless they are the partner of the housing benefit claimant, in which case they will share a bedroom. A non-resident unpaid carer who regularly undertakes overnight care in respect of the claimant or their partner is also provided with a bedroom.
Baroness Pitkeathley (Lab): Does the Minister really think it justifiable to make carers who are providing round-the-clock care apply repeatedly for a discretionary housing payment in order to remain in their own homes—a process which, by the way, is lengthy and bureaucratic, and very uncertain in terms of getting the discretionary payment? Is this really a fair way to treat people who are providing vast amounts of care and saving the state vast amounts of money—often at
great personal cost, as the Minister knows? I ask him again: will he consider an exemption for carers from this pernicious tax?
Lord Freud: We clearly value carers greatly, and we have put support into the system at different levels for them. In this case we have given local authorities some guidance to make it absolutely clear that they can make longer-term determinations of discretionary housing payments. We have also made it clear that DHPs will be paid next year as well as this year.
Lord German (LD): My Lords, the Government’s own review of the spare room subsidy shows that discretionary housing payments are inconsistent, short-term and temporary. Indeed, the evidence is that most of the applications for those payments are made by the very groups who should be exempt—carers and those who have had adaptations made to their homes. Many local authorities are now means-testing the disability benefits of people in receipt of those allowances. Regardless of what may happen to this policy next year, is it not now time for the Government to fully exempt people in those groups, such as carers and those with adapted homes, so that they are not subject to this inconsistent approach to government funding and can get certainty in their lives?
Lord Freud: As I said, we have made sure that long-term discretionary housing payments can be made. We have also provided guidance to make it clear that where claimants are using their disability payments for needs caused by their disability, such as paying for care or Motability schemes, those would not be included in the calculation.
Lord Christopher (Lab): My Lords, is it not the case that it is not just outrageous but downright cruel to require a partner—presumably a wife or a husband—whose day may be appalling anyway, to sleep in the same room as the disabled person? I find that statement utterly outrageous.
Lord Freud: About 40,000 couples in which one is looking after the other were covered by the spare room policy when it was introduced. That is about 6% of the total. The discretionary housing payment system was set up precisely to look at circumstances in which the couple could not share a room—because, of course, many of them could, even though there was a disability.
Baroness Greengross (CB): My Lords, a lot of people are looking after severely disabled children, or older adults with long-term conditions—particularly dementia. In order to get some sleep, they have to chop and change, and need additional carers such as other members of the family coming in. They desperately need the extra room. Can those sort of carers usually get an exception to the rule and be allowed to have an additional bedroom?
Lord Freud: This is precisely the kind of circumstance for which the discretionary housing payment is designed. It has not been found possible to have a general rule,
and that is why this system, which has gone through the courts in quite some detail, has been found to supply support where necessary.
Baroness Hollis of Heigham (Lab): My Lords, if, as the Minister suggests, disabled families with family carers are effectively covered by DHPs, why not simply exempt them? If he is wrong—which I suspect he is—why are we, quite knowingly, making lives that are already hard even harder, perhaps thus ensuring that the family carers will themselves become disabled?
Lord Freud: The courts have gone through this in some detail now and found that it is reasonable for the Secretary of State to take the view that it is not practicable to provide a further exemption for an imprecise class of persons, and that the flexibility of the DHP scheme can be relied upon to provide the additional help.
Lord Cormack (Con): Does my noble friend not accept that this policy, which appears to be insensitively applied, does not sit happily with Conservative philosophy?
Lord Freud: We have aimed to get rid of some of the areas where people are just not taking part in the economic life of the country. One of the things that has been happening is that the proportion of people who have been outside the labour market and in social housing has dropped dramatically from a peak of 49% at the beginning of this Parliament to 41% now—the lowest-ever level. We need to look to help all people that we possibly can to take a full part in the economic life of this country.
Lord Bradley (Lab): My Lords, the Minister’s department claims that the focus and scope of the family test is on strong and stable family relationships, with particular focus on extended families, particularly when they are playing a role in raising children or caring for older or disabled family members. Can the Minister explain to the House how the bedroom tax passes this test?
Lord Freud: The removal of the spare room subsidy is designed, at its heart, to save money—it saves £500 million a year—and make sure that housing is allocated more efficiently. There are signs of that policy now working.
Leaseholders
Question
2.58 pm
Asked by Baroness Gardner of Parkes
To ask Her Majesty’s Government where the public can obtain the details of their rights under Section 83 of the Enterprise and Regulatory Reform Act 2013 regarding the rights of leaseholders to seek redress against managing agents.
Baroness Gardner of Parkes (Con): My Lords, I beg leave to ask the Question standing in my name on the Order Paper and declare my interest as a leaseholder.
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Lord Ahmad of Wimbledon) (Con): My Lords, the schemes themselves are primarily responsible for publicising their service to leaseholders. My department has issued a number of press releases on the government and LEASE websites, and included information about the redress schemes in the recently published How to Rent guide. Additionally, we will be sending information to 30,000 leaseholders via the LEASE mailing list.
Baroness Gardner of Parkes: I thank the Minister for that reply. Can he tell me whether the ombudsman, to whom one will now have the right to apply for redress, will have the powers under that scheme to rule that if the head lessee or freeholder is found to be at fault, they cannot charge the costs back to the very people who made the complaint and were justified in doing so? This has now become a most unfortunate practice.
Lord Ahmad of Wimbledon: My Lords, first, I draw the attention of the House to my entry in the Lords register as a leaseholder and pay tribute to my noble friend’s consistent efforts in ensuring that the subject of leasehold remains on the Government’s agenda. In terms of the ombudsman, the chamber of the First-tier Tribunal stays, will continue to determine a wide range of residential leasehold disputes and will not be affected by the new requirement for managing agents to belong to redress schemes. For example, leaseholders and freeholders will still be able to ask the tribunal to decide whether a service charge demand is reasonable. Where the lease requires the freeholder to recover administration charges, the tribunal will still be able to issue orders to redress this.
Lord McKenzie of Luton (Lab): My Lords, I draw attention to my entry in the register of interests. As well as the redress and complaints schemes arising under the 2013 Act, the Minister will be familiar with the EU alternative dispute resolution directive. The Government have 24 months after the directive enters into force to transpose it into national legislation. That will be in mid-2015, so the clock is ticking. Can the Minister confirm the Government’s continued support for that measure and say what progress has been made to date? In particular, can he say which pieces of domestic legislation have been identified for the transposition?
Lord Ahmad of Wimbledon: The noble Lord raises the issue of reform of leasehold legislation. The Government are aware of a number of concerns in the leasehold sector and have welcomed suggestions of how resolutions on leasehold can be improved, but at the moment they are not persuaded of the need for wholesale reform. The Government want to ensure
that all leaseholders have appropriate avenues for resolving disputes. I will write to the noble Lord on the specific issue of the EU directive.
Lord Lloyd of Berwick (CB): My Lords, in an area of the law where there is much existing legislation, as is I think accepted, does the Minister agree that the only way in which the leaseholder could find out his rights would be if the law were consolidated from time to time? Consolidation is a boring thing to do, as I know from experience, but it is important. Will he please give it a boost on this issue in particular? I ask the question as a former chairman of the consolidation committee.
Lord Ahmad of Wimbledon: All attempts to bring laws together across the field are welcome. The Government are making serious efforts on the issue of leasehold and the sharing of information. As I already alluded to in my original Answer, we have taken various steps to ensure that leaseholders are able to access information about the redress scheme and information about the First-tier Tribunal. There are also other efforts we are making, such as the model tenancy agreement, as a way of ensuring higher standards in this particularly important sector.
Lord Stoneham of Droxford (LD): I draw attention to my housing interests given in the register of interests. I do not want to minimise the problems of leaseholders, but every year 300,000 tenants are evicted after making a complaint to their landlord about the state of their home. Would my noble friend the Minister agree that the sooner the tenancy Bill that is currently going through the Commons, proposed by my friend Sarah Teather, is put through this House, then the sooner tenants will be better protected against retaliatory eviction?
Lord Ahmad of Wimbledon: My noble friend makes an important point. The Government are supportive of Sarah Teather’s Bill. I think I already mentioned the steps we have taken, such as the model tenancy agreement, which safeguards the rights of tenants and, indeed, encourages much more long-term tenancies, which is I think to be welcomed by the elderly population and young families with children.
Baroness Howarth of Breckland (CB): My Lords, tenants and leaseholders find it extraordinarily difficult, as we have already heard, to find their way through the complexities of the regulations and the present law. Could the Minister tell me what it would cost for a leaseholder, having got through that, to take action and make an application under the redress scheme regulations?
Lord Ahmad of Wimbledon: Each company is required to register under one redress scheme. If the scheme makes a decision, it will be for the company to pay. There are three different schemes and each has specific criteria. Without detailing each one, one costs £95 a year, but that is done on a case-by-case basis. Another costs £199, which is an all-inclusive cost. In the interests
of time, I will write to the noble Baroness on the details of the three redress schemes, and share that information with the House.
Lord Best (CB): My Lords, I declare my interest as chairman of the Property Ombudsman Council. It is an important point that the ombudsman redress services are free to the tenant or leaseholder and that they are paid for by the freeholder, the landlord or the agent and not by the person making the complaint. Does he agree that, if one has a complaint and needs redress, the best way to find out what to do next is to use Mr Google or AN Other and to put the words “property” and “ombudsman” together? In doing that, we hope, a lot of one’s problems will be solved.
Lord Ahmad of Wimbledon: The noble Lord speaks with great experience in the sector and he is absolutely right. To clarify, when I said, “the company”, I meant the scheme rather than the person to whom the complaint is made. He is correct to say that there is no cost to the leaseholder. In addition to Google, perhaps I may mention www.gov.uk as a source of information, as well as the LEASE website. We are also working closely with LEASE, which provides good information in this respect.
Olympics 2016
Question
3.06 pm
Asked by Lord Holmes of Richmond
To ask Her Majesty’s Government what assessment they have made of the effectiveness of the allocation of resources for the Great Britain Olympic and Paralympic teams due to compete in Rio de Janeiro in 2016.
Lord Gardiner of Kimble (Con): My Lords, through UK Sport, the Government are investing £355 million into summer Olympic and Paralympic sports during the Rio 2016 cycle, which is an increase from London of 7% into Olympic sports and 45% into Paralympic sports. Our ambitions for Rio are to be even more successful than London in both the Olympics and Paralympics, which no host nation in history has achieved. With record investment, UK Sport believes that this is attainable.
Lord Holmes of Richmond (Con): My Lords, Olympic and Paralympic sport is fair set for Rio, underpinned by unprecedented UK sport funding. Does the Minister agree that, post-Rio, there should be no compromise to the UK Sport no-compromise funding model? Does he also agree that we all owe a tremendous debt to the father of the lottery, Sir John Major, whose vision, drive and determination transformed the sporting and cultural framework of our nation for the better for ever?
Lord Gardiner of Kimble: My Lords, as one of our greatest Paralympians and the only Briton to win six gold medals at a single Games, my noble friend comes to these matters with exceptional experience. I entirely agree with him about Sir John Major and that many of
the causes favoured by so many of your Lordships have been transformed because of what was done with the National Lottery. Looking at Sochi, where the no-compromise principles were adhered to for the first time, and the great successes at the Olympics and Paralympics, what my noble friend says has a lot of merit.
Lord Wigley (PC): My Lords, what mechanisms are in place to ensure that all the home nations have been proactively engaged in the decision-making around the allocation of UK Sport’s investment for the GB Olympic and Paralympic squads for Rio 2016 and Tokyo 2020?
Lord Gardiner of Kimble: My Lords, UK Sport works very closely with all the national sports bodies, including Sport England, Sport Wales, Sport Northern Ireland and Sport Scotland, precisely to ensure that the allocation is correctly placed. It is trying to ensure that the best athletes come forward and are supported.
Baroness Armstrong of Hill Top (Lab): My Lords, what will be the effect on this programme of a decline in lottery receipts?
Lord Gardiner of Kimble: My Lords, I very much hope that there will not be a decline in lottery receipts generally and that people will play the National Lottery. I believe that there are many good causes. Clearly, if that happened, we would have to look at these matters across the piece.
Lord Addington (LD): My Lords, does my noble friend agree that, although the problems we had were solved by developing the lottery for the Olympics, we must go on and look at the funding of team games to give ourselves a broader base to encourage participation?
Lord Gardiner of Kimble: My Lords, my noble friend raises the issue of team sports and clearly we want all sports to have as many opportunities as possible—my noble friend may be thinking of basketball in particular. That has enormous potential to reach young people and we want it to grow in the country. That is why Sport England in particular is investing a great deal of money. Over the funding cycle about £10 million will go into basketball. We want teams to succeed but they need to be in a position to win Olympic medals, which basketball is not at the moment. While it is not in a position to win medals it is not in the Rio funding scheme.
Lord Stevenson of Balmacara (Lab): My Lords, the no-compromise approach has winners and has done very well but it also has losers. Basketball has had its £7 million grant from UK Sport cancelled and yet, as the Minister said, it is hugely popular, with 70% of participants aged under 25 and more than 50% of those who play the game coming from BME communities. What can they do now? The Minister mentioned Sport England but its contribution is £1.2 million, hardly making up the gap to £7 million.
Lord Gardiner of Kimble: My Lords, as I said, the total funding to basketball is nearly £10 million over the cycle to 2017. In fact, there is investment through Sport England and also the youth and community scheme. Some £1 billion has gone from that scheme into precisely the sports and activities that the noble Lord was referring to, such as basketball.
Lord Brooke of Sutton Mandeville (Con): My Lords, is my noble friend aware that in the year 1808 Rio de Janeiro was the capital of Portugal? Does he agree that the allocation by the British of resources behind the lines of Torres Vedras during the same period is a very good long-distance omen for the British teams competing in 2016?
Lord Gardiner of Kimble: That is a most intriguing question and I am not sure how best to answer it other than to say that I am sure that all your Lordships wish all the athletes, wherever they come from and whichever discipline they are participating in, enormous success.
Baroness McIntosh of Hudnall (Lab): My Lords, going back to the question from my noble friend Lady Armstrong, can the Minister say what the trend is on spending on the lottery? I do not mean spending of the lottery funds but spending by people who buy lottery tickets and whether therefore it is likely that the long-term sustainability of funding to both culture and sport will remain constant.
Lord Gardiner of Kimble: My Lords, I do not have the precise figures in front of me. I will look at the projection for National Lottery proceeds and come back to the noble Baroness. As I said, this is something that we will need to look at and I very much hope that the National Lottery will continue to be the enormous success it has been.
Draft Protection of Charities Bill
Membership Motion
3.12 pm
Moved by The Chairman of Committees
That the Commons message of 6 November be considered and that a Committee of six Lords be appointed to join with the Committee appointed by the Commons to consider and report on the draft Protection of Charities Bill presented to both Houses on 22 October 2014 (Cm 8954) and that the Committee should report on the draft Bill by 28 February 2015;
That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
B Barker, L Hodgson of Astley Abbotts, L Hope of Craighead, B Warwick of Undercliffe, L Watson of Invergowrie, V Younger of Leckie;
That the Committee have power to agree with the Committee appointed by the Commons in the appointment of a Chairman;
That the Committee have power to send for persons, papers and records;
That the Committee have power to appoint specialist advisers;
That the Committee have leave to report from time to time;
That the Committee have power to adjourn from place to place within the United Kingdom;
That the reports of the Committee from time to time shall be printed, regardless of any adjournment of the House; and
That the evidence taken by the Committee shall, if the Committee so wishes, be published.
Motion agreed, and a message was sent to the Commons.
Criminal Justice and Courts Bill
Criminal Justice and Courts Bill Third Reading
Third Reading
3.14 pm
1: Clause 8, page 8, line 13, at end insert—
“(4) Before this section comes into force, the Secretary of State shall lay a report before Parliament describing—
(a) the recruitment process for recall adjudicators;
(b) the qualifications, experience and competences which will be required of recall adjudicators;
(c) the training which will be provided for recall adjudicators; and
(d) the anticipated costs of establishing a system of recall adjudicators in comparison with the costs of recruiting an increased number of Parole Board members and case managers.”
Lord Woolf (CB): My Lords, I can be brief because I hope, and have reason to believe, that the Minister will indicate that he can give me the comfort I am seeking and which this amendment is designed to achieve. Noble Lords will recall that the Minister tabled a government amendment on Report that was designed to introduce a new figure into the criminal justice scene. He is to be the recall adjudicator and he will take over the responsibilities of the Parole Board in respect of reviewing those who have been released on licence but are being recalled for reasons such as their committing another offence. This could be of serious importance both to the public and, of course, to the offender who is being returned to prison. His liberty is at stake.
When the Minister introduced the amendment, he was not in a position to provide any details that would enable the quality of what was being proposed to be assessed. The noble Lord, Lord Beecham, who I am pleased to see in his seat, described it—I suggest accurately—as seeking a “blank cheque”. As we all know, it is never wise even to give Governments a blank cheque because you may find that it is not used in precisely the way that was intended. The noble Lord sought those details and, while giving the proposal a
general welcome and hoping it would be successful, sought to impose both a sunrise clause and a sunset clause to cover the situation being created by the amendment.
The Government had acted on this so late in the day because of a decision of the Supreme Court in a case which was discussed on Report, and which indicated that it would be possible to have a body that was not necessarily created as a proper judicial body to perform this function—a sort of quasi-judicial body. The interpretation by the Supreme Court of Article 5 of the European Convention on Human Rights indicated that what was determinative was the original court sentencing, not the body reviewing the recall.
The matter was left at that, but I suggested on Report that the position was unsatisfactory and expressed the hope that the Government would consider the situation further. However, in case they did not do so, I tabled the amendment in question. It sets out what I would suggest is the minimum amount of information that needs to be provided before the new body is created. It would give those who are concerned about saving money in the hard-pressed criminal justice system information about cost and would seek information about the quality of those who are to be the new adjudicators on recall applications.
Before the new system is introduced it is important that Parliament should be given information that would enable it to use its powers to scrutinise what is proposed. The Minister accepted that there was an obligation for fairness in that situation, notwithstanding the decision of the Supreme Court in the Whiston case, 1914, UKSC39. That made it clear that he was thinking along the same lines as those who, like me, were concerned about what the quality of this new body would be.
If the Minister is prepared to give an undertaking that he would arrange for a report to be made to Parliament, setting out enough information to enable what was proposed to be evaluated, I need not detain the House further. In order to give the Minister an indication of whether what I have been told is correct, I propose to say no more, but at this stage formally to move my amendment.
Lord Beecham (Lab): My Lords, I understand that the Minister may accept the amendment of the noble and learned Lord, Lord Woolf, and in that case the noble and learned Lord will have entered the fold, but this time it is the ministerial sheep who will emerge wearing the Woolf’s clothing—and for that I am sure the House will be grateful.
The noble and learned Lord identified some of the potential problems that need clarifying and we look forward to receiving that clarification. I would like to add another issue that was raised in the debate on Report, and that is the possible availability of legal aid for such applications. I dare say that the Minister will confirm that that will at least be considered and that any reference to it will be contained in such a report in due course.
One other matter to touch on is no doubt encompassed within the terms of the amendment. There was an indication at an earlier stage that the Government would possibly be looking to the magistracy as a
source of potential recruitment for those who would undertake this responsibility. The matter has aroused some concern. Obviously I am not asking the Minister to give an indication finally one way or the other, but I take it that he would confirm at least that that is not the only possibility that will be looked at—in which case we will await the Government’s response in due course with keen anticipation.
The Minister of State, Ministry of Justice (Lord Faulks) (Con): My Lords, I thank the noble and learned Lord, Lord Woolf, for his helpful explanation of the amendment to Clause 8 in his name, and for helpfully setting out the concerns that lie behind it. I understand them, and why the noble and learned Lord seeks to make sure that Parliament is given the opportunity to consider a report by the Secretary of State about how the recall adjudicator model will operate before the provisions can be brought into force. I have no objection to the principle of what his amendment is seeking to achieve and am happy to make a commitment that before the recall adjudicator provisions are brought into force, the Government will produce a report for Parliament on matters such as the recruitment process, qualifications, training and costs.
The amendment of the noble and learned Lord is quite specific on some aspects of what the report must contain. I bear in mind what he said, namely that this should be a minimum, as he saw it; we do not indeed anticipate that it would be restricted entirely to those matters. In particular he is specific about the anticipated costs of the recall adjudicator system compared to the costs of recruiting more Parole Board members and case managers.
While the Government would be happy to provide an analysis of the respective costs and benefits of the new model—and indeed we will be publishing a further impact assessment on this—we would not wish to be tied to including in the report such a direct comparison of the sort prescribed in the amendment. This is a constantly evolving area of work, with the Parole Board itself driving forward changes to its process, and new operating models, and we would want our cost-benefit analysis to have the flexibility to take account of those developments rather than tying ourselves in the legislation to making this very specific cost comparison. But we will provide information as to costs.
However, I accept the point and agree that our report should set out the respective costs of the new process and systems compared to carrying on with the Parole Board model. The Government’s position is that we would have no objection to providing a report on the sort of information that the noble and learned Lord asks for, but until we have had more time to consider exactly what that report should contain and how best to present the information, we would not wish to be constrained by the exact requirements of the noble and learned Lord’s amendment.
When the Government introduced the recall adjudicator provisions, I explained that the aim was to introduce greater flexibility in the way that determinate recall sentences are reviewed and to allow the Parole Board to concentrate its resources on indeterminate sentence prisoners. There is a great deal of further
work to be done on the detail. The noble and learned Lord was quite right to identify the case of Whiston and the decision of the Supreme Court, which enabled the Government to bring forward this amendment, albeit on Report—but we would not have been able to bring it forward before then because the decision had not been reached. I think that inadvertently the noble and learned Lord suggested that the decision had been reached in 1914. It was a little more recent than that—2014, to be precise—but I am sure nobody misunderstood that. The Government move a little faster than that.
Lord Faulks: We will operate an analysis of how it will deliver the benefits we envisage in the most cost-effective way. We are committed to undertaking this further development work in a collaborative and open way. It will be vital to get the new model right and to ensure that those with an interest in how this will work, including Parliament, are kept informed and have an opportunity to offer views on what is being proposed.
The fact that the Bill is silent on the precise workings of the recall adjudicator does not mean that the process will be devoid of safeguards. The Bill already makes provision for the Secretary of State to make rules regarding the way in which the recall adjudicators work. These rules will be made by statutory instrument, allowing for further parliamentary scrutiny. Ultimately, the protection of the public remains at the heart of any decision to release—or not to release—a prisoner from custody. That is why we will ensure that there is a robust system of selection and appointment of recall adjudicators. I have already indicated that it is our intention that such appointments would be filled by people with significant criminal justice experience.
In answer to the noble Lord, Lord Beecham, we have certainly not ruled out the possibility of using magistrates. The feasibility of using magistrates is very much a matter for consideration. Of course, they will be magistrates with significant and appropriate experience in criminal justice—not every magistrate—and they would be given rigorous and appropriate training before being allowed to perform the role of recall adjudicator. But there is in the magistracy a great deal of experience, and it would be unwise to rule out the possibility of using appropriately experienced and trained magistrates for that purpose. A solid foundation of knowledge and experience will be complemented by this training, as well as by guidance and oversight by the chief recall adjudicator.
The noble Lord, Lord Beecham, also asked about legal aid. He effectively asked whether recalled offenders would be denied legal aid under these proposals. The answer is that legal aid will still be available. For once, I can give a satisfactory answer, I think, to the noble Lord, Lord Beecham.
The Government are absolutely determined to ensure that all the necessary safeguards are in place before we implement these changes. I hope that this demonstrates to the noble and learned Lord our commitment to ensuring a fair, impartial and robust process for prisoners that does not put the public at risk.
Returning to the final point of the amendment tabled by the noble and learned Lord, which was about costs, he will understand that we are committed to ensuring that the new model is as cost-effective and efficient as possible. There is no question that we will have to achieve overall savings and benefits in the criminal justice system as a whole. It will do this primarily by diverting determinate recall cases away from the Parole Board, processing them in a quicker and less resource-intensive way, and by allowing the board to focus on making inroads into the backlog of indeterminate sentence cases, thereby avoiding delays in hearings and release decisions, which in turn has an impact on prison numbers.
We will, therefore, carry out a careful analysis of the costs and benefits of the new process as part of the development of the model and plan to publish a further impact assessment when that work has been done. The Government are willing to share that analysis as the model is developed, and I have already undertaken to consult the Parole Board as we go along and to provide a report for Parliament. I hope therefore that with the assurance I have given about the Government’s commitment to ensuring that adequate safeguards are in place, to working closely with the Parole Board and to providing Parliament with a report, I can persuade the noble and learned Lord to withdraw his amendment.
3.30 pm
Lord Woolf: I thank the Minister for giving those assurances, which meet my expectations as to what he would say. Perhaps I may be excused if I point out that the point he makes about the rules of procedure is helpful but by no means meets the concerns that I was indicating because, of course, the rules committee cannot—by rules—ensure that the right people are doing the job. What the Minister says should achieve that; the only possible caveat I would have is with regard to his comments about magistrates. I should disclose I was a former president of the Magistrates’ Association. I say former president because unfortunately I belong to a club which was not to the liking of the Magistrates’ Association because it has no female members, and in consequence they have suggested that I am no longer president. That is a view to which they are entitled but I fear may not necessarily influence the members of the club concerned to the extent that some would like. That is a fact I have to bear.
Despite that, magistrates concentrate on criminal cases of a rather different level than those which will come before this new body. Some of the persons who will have to be considered by this new body have serious criminal records, and it is important that the persons concerned should have the proper capacity to deal with that. I would not rule out magistrates but I think that that is something to borne in mind. Finally, I am conscious, having disclosed my position as a former president of the Magistrates’ Association, that I should have indicated—and I apologise for not doing so—that I am, as I declared on Report, chairman of the Prison Reform Trust. The submission I made at the time, and would have made in more detail but for
the intimation kindly given to me by the Minister’s team, was based on help that I received from the Prison Reform Trust and Justice. I beg leave to withdraw the amendment.
2: After Clause 41, insert the following new Clause—
“Duties of custody officer after charge: arrested juveniles
In section 37(15) of the Police and Criminal Evidence Act 1984 (definitions for the purposes of provisions about detention in Part 4 of that Act), in the definition of “arrested juvenile”, for “under the age of 17” substitute “under the age of 18”.”
The Earl of Listowel (CB): My Lords, Amendment 2 rectifies an ongoing anomaly in the way 17 year-old children are treated by the police. While all other children detained by the police are entitled to a local authority bed, 17 year-olds are not. This means they must be held in a police station. This is one of the remaining areas where 17 year-olds are excluded from the protections available to other children, and it needs to change. I tabled amendments on this matter in Committee and on Report and I will not repeat all the arguments made then, but I would like remind the House briefly why this matter is so important.
Since 2010, three 17 year-old children have taken their own lives after being treated as adults by the police. They were Kesia Leatherbarrow, Eddie Thornber and Joe Lawton. It is worth taking a moment to think about what it means for a child to die in this way, the terrible waste and the pain that it causes those they leave behind. These children are much loved and deeply missed, and I should like to take a moment to read out some brief words of remembrance about each of them. Nick Lawton said of his son, Joe:
“He was a beautiful boy, everyone agreed. Joe was a happy, successful 17 year-old studying for his A-levels. He is missed every moment of every day”.
Eddie Thornber’s mum, Ann, says:
“Eddie was head boy of his school, looking forward to studying in America. We would do anything to make sure Eddie was still with us”.
Martina Brincat Baines, Kesia’s mother, said:
“Kesia was my only daughter. She was beautiful. A funny, lively girl who, despite her mental health issues, was loving and great company, she was so hugely loved and is so hugely missed”.
In Committee and on Report, the Minister explained that a review was looking at the treatment of 17 year-olds in police custody and that the Government wanted to receive and digest its recommendations before acting. However, things have moved on since then. The review has recommended that the law be changed; the Home Office has committed to do so as soon as possible; and recently the All-Party Parliamentary Group for Children published the report of its inquiry on children and the police, and recommended that this change take place. I pay tribute to the chair of that group, the noble Baroness, Lady Massey of Darwen, for the work of that important inquiry.
There has been much movement forward. Almost 30,000 people have signed a petition requesting that today be the day that this law is changed. I look forward to the Minister’s response and beg to move.
Lord Ponsonby of Shulbrede (Lab): My Lords, I have given the Minister’s office notice of the point that I am about to raise. It is to do with youth anonymity, which is a slightly different point from that made by the noble Earl.
On Report, the Government introduced amendments which are now Clause 77 of the Bill. Those amendments gave lifetime reporting restrictions in criminal proceedings for witnesses and victims under 18. The amendments clearly give the judge discretion to give lifetime anonymity to witnesses and victims. It is also clear from the Government’s amendments that that discretion of the judge does not extend to the accused.
What I would like to know—as I said, I have given notice of my question to the noble Lord’s office—is what the status would be of somebody if they had been found not guilty at trial. Clearly, after they have been found not guilty, they are no longer accused, but they may well still be a witness. Would that discretion of the judge extend to those found not guilty at trial?
Lord Beecham: My Lords, I commend and congratulate the noble Earl, Lord Listowel, on the progress that he appears to have been able to promote, and look forward to hearing the Minister confirm what the noble Earl has said after citing those very poignant cases. It seems that a mistake in the system can now be corrected. For that, although it has come late for the families to whom the noble Earl referred, I think everybody will be grateful. I congratulate the Minister in anticipation of his confirming that the Government have accepted that point. It is entirely to their credit that they have listened to the very strong representations made on that matter.
As to the point raised by my noble friend Lord Ponsonby, again, I hope that the Minister will be able to offer him some clarification of the situation along the lines that he has suggested.
Baroness Williams of Crosby (LD): My Lords, I will make a brief intervention. I very much commend the amendment of the noble Earl, Lord Listowel. Quite simply, the position of 17 year-olds has changed radically since 1984. The proportion of young people staying on in education to 18 or beyond has almost doubled in that time, and many young people continue within their family structures until the age of 18, which was not so much the case in 1984. So it is important that the Government look at this. Schools continue to have responsibility for young people who are at school until the age of 18. It would therefore be rather bitter if that responsibility was recognised as continuing while people are at school, but then ending when they cease to be at school.
There is some very disturbing information about the number of young people who commit self-harm when in detention, as a result, for example, of very serious mental health problems. Without detaining the House of Lords further, it is worth looking at whether
the age of 18 is not a more natural bridge to a young person becoming a fully responsible adult than the present age of 17. It might do something to reduce the suffering that some of these young people undergo in detention.
Lord Faulks: My Lords, both in Committee and on Report, there was agreement around the House that this amendment had a great deal to recommend it. It follows the tragic cases of three 17 year-olds who committed suicide following their encounters with the police, to which the noble Earl, Lord Listowel, has referred this afternoon. Their families are determined that no other parents should suffer such a loss, and want to see a change in the law so that 17 year-olds are treated as children. I pay particular tribute to the noble Earl for his continued commitment to improving the welfare of young people, and for helping to keep this important issue at the top of the Government’s agenda.
Despite recognising the merit of this amendment, the Government resisted it both in Committee and on Report as they were still reviewing all the remaining pieces of primary legislation which treat 17 year-olds as adults. That review was proactively launched following the High Court’s decision in the case of Hughes Cousins-Chang. That the review was launched is testament to the commitment of the Government to ensuring that young people are protected and treated appropriately while in police custody, ensuring that 17 year-olds have the protection to which they are entitled. My noble friend Lady Williams makes an important point about how 17 year-olds have changed in many ways.
Seventeen year-olds who come into contact with the police are afforded important safeguards by Section 11 of the Children Act 2004. This places the police under an obligation to make arrangements to safeguard and promote the welfare of children when exercising their functions, and means that the police have to make arrangements to safeguard and promote the welfare of 17 year-olds. Additionally, following the amendments to PACE codes of practice C and H as a result of the Hughes Cousins-Chang ruling, children aged under 18 have access to appropriate adults at the police station, whose function is to support them throughout interviews and during procedures such as the taking of fingerprints and samples. A parent or legal guardian must also be informed of their detention. Indeed, it is common for a parent to perform the role of appropriate adult for their child.
On Report, the noble Earl welcomed the news of the internal review. He directly asked the Government if something could be done in this area by Third Reading, although he caveated that by saying, effectively, that he realised that such a change would be unlikely. However I am pleased to inform the House that the Government have listened to his plea and the passionate collective voice of the families of loved ones who are tragically no longer with us. The Government have now concluded their review and have arrived at a very clear conclusion: the provisions in PACE that relate to the treatment of 17 year-olds should be amended as soon as possible so that they are treated as children.
I must point out that this is a very complex area and the Home Office review was very wide-ranging—more so than the amendment that has been tabled today. This means that the amendment only partially affects the change in relation to the treatment of 17 year-olds. However, in the limited time available, this amendment makes the most substantial change, that relating to the overnight detention of children charged and denied bail. The effect of the amendment would be that 17 year-olds, as with 12 to 16 year-old children, must be transferred to suitable local authority accommodation overnight in these circumstances. The amendment has the full backing of the police. The Home Office will work with forces to help them prepare for implementation.
The noble Lord, Lord Ponsonby, asked a question that is perhaps not entirely related to this amendment but he was kind enough to give the Government notice of it. As I understand it, it concerns those acquitted after a trial, whereas the focus of the amendment to which he referred is victims and witnesses. Indeed, a number of statutory protections within the criminal justice system are applicable only to victims and witnesses. The position with an acquitted defendant is that the court retains its inherent powers to order reporting restrictions in the case of defendants where that is necessary to ensure that the administration of justice would not be seriously affected. It has that right. Of course, up to the age of 18 defendants will continue to be subject to the youth reporting restrictions that apply automatically in the youth court and may be applied in other court proceedings. That is the position.
Returning to this amendment and in conclusion, this Government share all noble Lords’ desire to ensure that children are always treated appropriately, including where they are suspected of wrongdoing. If how we treat our prisoners is a measure of how civilised a society is, this must surely apply to how we treat our children when they are in trouble and at their most vulnerable. Therefore, I trust that I have noble Lords’ support in the Government’s decision to seize the opportunity afforded by the Bill and accept the noble Earl’s amendment.
3.45 pm
The Earl of Listowel: My Lords, I am most grateful to the Minister for his acceptance of this amendment, for his kind words to me and for the eloquent way in which he put the case for this particular change. It must have taken a great deal of effort on his part, and on that of the Bill team and many others, to move this forward so expeditiously. I thank the Minister, the Home Secretary, the Bill team and the local government officials who must have worked with them on this issue.
Great tribute must go to Martina and Matt Baines, the mother and stepfather of Kesia Leatherbarrow. Despite their terrible and at times overwhelming grief, they threw themselves into campaigning for what they think of as Kesia’s law. I also pay tribute to Jane and Nick Lawton, parents of Joe, and to Ann and Adrian Thornber, parents of Eddie. They, too, have fought for changes to the way that 17 year-olds are treated at the
police station after the tragic deaths of their sons. Without the commitment of these extraordinary parents in their time of enormous loss, I do not think that the changes would have been made today.
I also express thanks to the charity Just for Kids Law for its hard work, commitment and support for the campaign, and to the Standing Committee for Youth Justice and the National Appropriate Adult Network. Finally, thanks, too, to the public law teams at Doughty Street Chambers, who provided free legal help throughout. I am so grateful to the Minister for moving on this at the unexpected point of Third Reading, accepting the amendment and making this change that will protect future 17 year-olds from the harms that these young people experienced.
Lord Ashton of Hyde (Con): My Lords, Amendment 3 relates to the mutual recognition of driving disqualifications between the UK and the Republic of Ireland. As I set out on Report, the convention ceases to apply in the UK on 1 December 2014 and we are in the process of negotiating a new bilateral treaty with the Republic of Ireland along similar lines to the convention. This amendment will correct a minor typographical error in Clause 94 concerning the commencement of transitional provisions. As the convention ceases to apply on 1 December, these transitional provisions need to take effect on this date and we therefore need the provisions to come into force on the day the Act is passed.
Amendment 4 is a minor and technical amendment in respect of reporting restrictions applying to under-18s and online content. It removes an inaccurate and unnecessary reference to the definition of publication in the new Schedule 2A to the Youth Justice and Criminal Evidence Act 1999. The definition of publication is in fact set out in Section 63(1) of the 1999 Act and applies to all sections of Part 2 of that Act. The Section 63 definition will apply to the new Schedule 2A because the schedule is enlivened by new Section 45A, and new Section 45A is being inserted into Part 2 of the Youth Justice and Criminal Evidence Act 1999 by a previous government amendment also tabled on Report in the Lords. I beg to move.
Schedule 15: Reporting restrictions: providers of information society services
Lord Ramsbotham (CB): I apologise to the Minister for not raising the point that I am now going to mention. However, as it is based on a report that was published only last week, I have only very recently become aware of the position that I wish to raise. When I was the newly appointed Chief Inspector of Prisons, I found that the treatment of and conditions for women prisoners in Holloway was a national disgrace. I was frustrated to learn that current practice for handling inspection reports offered no hope of immediate remedial action, so I fell back on army practice and suspended my inspection for six months, during which period I expected defined action to be taken. I feel the same frustration about the proposal for a secure college contained in Part 2 of the Bill, having learnt that the rules of the House do not allow me to bring forward a Third Reading amendment based on a report that was published only last week, which I believe changes the whole nature of the proposal.
Before the Bill leaves the House, therefore, because the treatment of children is a matter of national importance, I feel that I must make one last appeal to the Government. Before doing so I assure the Minister that nothing I am going to say reflects on the way that he has taken the Bill through the House—during which, all noble Lords, while not necessarily agreeing with him, have admired the skill with which he, as a renowned advocate, has defended his brief, and been assiduous in briefing us, both verbally and in writing, on that brief. However, unlike the noble Lord, Lord Nash, during the passage of the recent education Bill, who was able to accept the case for inclusion of young offenders with special educational needs among those for whom education, health and care delivery must be provided, the noble Lord’s position in regard to any reasoned suggestion of change to the Secretary of State’s pet plan, appears akin to that of the tank commander with whom the Chinese student tried to reason in Tiananmen Square.
Last Tuesday, I took part in the launch of a British Medical Association report, entitled Young Lives Behind Bars: the Health and Human Rights of Children and Young People Detained in the Criminal Justice System. Welcoming it, Norman Lamb MP, Minister of State for Care and Support, wrote:
“The newly established Children and Young People’s Mental Health and Well-Being Taskforce, includes a specific working group on vulnerable children and young people, including young people in contact with the Youth Justice system and will focus on how services can best meet their needs”.
In her foreword, Juliet Lyon, director of the Prison Reform Trust, who has considerable experience of working with young offenders, wrote:
“This timely, authoritative report presents an overview of the complex reasons why children and young people offend, their multiple needs and the challenges they present. It enables practitioners and policy makers to reflect on their work with young people in trouble”.
“An almost 60 percent reduction in child imprisonment over the last seven years … offers a tremendous opportunity for health and justice professionals to focus on the most vulnerable children and help them to get out of trouble”.
I quote two of the report’s recommendations:
“Practitioners should consider how best to encourage involvement and interaction with healthcare services, in a manner that is appropriate to the needs and concerns of children and young people in custody”,
“Health and wellbeing of children and young people should be seen as concerns for all those working in the secure estate, not just healthcare professionals. To this end, all staff working in the secure estate must be adequately trained and supported in identifying and reporting health concerns”.
I said on Report that the House is being asked to rubberstamp a pet project of the Secretary of State for Justice, without the known agreement of the Cabinet committee appointed to ensure that all departments drive forward the aims of the government’s social justice strategy, key indicator number 3 of which is a reduction in the number of young offenders who go on to reoffend. In addition to ignoring proven national and international good practice, as well as the advice and pleas of countless people with experience of working with young offenders, I now understand that the Secretary of State has ignored the advice of paid consultants such as Deloitte, which recommended smaller establishments on the lines of Diagrama in Spain—the subject of a fascinating article in the Guardian on Saturday entitled “Tough Love”—and current practice in America.
I admit that this is the first I have heard of the children and young people’s mental health and well-being taskforce working group, charged with focusing on the needs of the very children whom the Secretary of State is proposing to detain in his secure college. Far from being children for whom normal education and security provision might be appropriate, these have a multiplicity of mental health and behavioural needs, and their reaction to any regime, let alone one based on the education that almost all have rejected or from which they have been excluded, will be conditioned by the complexity of their problems. Furthermore, the majority are to be uprooted from their family and local social or healthcare workers, whose involvement in their post-release rehabilitation is crucial. A recent conversation with NHS England has caused me to look again at two remarks made about healthcare by the Minister on Report:
“We also have been working closely with NHS England… to test our designs for the secure college pathfinder”,—[Official Report, 22/10/14; col. 660.]
“a … health unit placed strategically in the middle of the design … will be the best way of delivering healthcare uniquely tailored to those individuals”.—[
Official Report
, 22/10/14; col. 663.]
True, a health unit is now placed strategically in the middle of the design, but it was not there when the Minister briefed us in July, suggesting that working closely with NHS England is a comparatively recent occurrence. What is more, as I am sure he realises, adequate tailoring of the delivery of healthcare appropriate to meet the multiple and complex needs of 320 damaged and vulnerable children requires more than just a
strategically placed health unit. NHS England tell me that it is pressing for healthcare, particularly mental health care, to be embedded in the culture of the proposal, requiring confirmed resources, particularly of appropriately trained staff, without whom healthcare, adequately tailored or otherwise, cannot be delivered. But, as the Minister knows, there is an acute shortage of appropriately trained staff in the country, let alone in the middle of Leicestershire.
So the situation appears to be this. On the one hand, we have the Secretary of State for Justice who, without any evidence and in apparent defiance of government strategy as well as vast amounts of expert advice, insists on pressing ahead with his claim that his,
“new form of youth detention accommodation with”,
“innovative education provision at its core … will equip young offenders with the skills, qualifications and self-discipline they need to turn away from crime”,
“it is right to focus on the educational outcomes that the establishment achieves rather than the staff it employs”.
On the other hand, we have the cross-government social justice strategy, a specific working party of the NHS children and young people’s mental health and well-being task force, and the declared opposition of countless experts who know from practical experience how essential trained professional staff are to the development and future well-being of this damaged and vulnerable cohort of children.
I said in Committee that the changed nature of the detained children population, resulting from the Youth Justice Board’s success, gave the Secretary of State ample justification for rethinking this proposal. I fully accept that I failed to persuade the House to vote that he should be required to obtain the approval of both Houses before proceeding with his proposal or to test the opinion of the House on a rethinking amendment. However, I submit that the evidence now available, thanks to the BMA report and the recent involvement of NHS England and the mental health and well-being task force, exposes serious flaws in the well intentioned, education-based secure college proposal, which clearly is not tailored to the characteristics, capabilities and needs of its suggested population.
I realise that that is not something that either the Minister or the Secretary of State can resolve, because of the involvement of the NHS and a Cabinet committee. I therefore ask the Minister that it be referred to the Prime Minister himself, who, I hope, will make a statement in the other place on whether, having examined all the available evidence, he authorises that the proposal should go ahead or that it should be put on hold until it has been rethought.
4 pm
Lord Beecham: My Lords, I certainly endorse the remarks of the noble Lord, who has consistently questioned the detail of the Government’s proposals in respect of secure colleges. I must agree with him that the BMA report, published only last Tuesday, makes for sombre reading. The report emphasises the need for the state,
“to ensure that detained children and young people have access to healthcare that is appropriate for their age and health needs”—
which the EHRC has identified as a critical human rights challenge—given that,
“Custodial detention is the most extreme form of social exclusion that can be imposed by the state”.
That need is likely to be enhanced in the secure college context by the very nature of the institution and its physical remoteness from the family and community whence the offenders have come and to which they will return. After all, the report refers to the average time that offenders will be housed in the college as 85 days, which is not a long period. Clearly, after they move on, there will be a concomitant need for the provision of adequate healthcare and, indeed, educational provision.
It appears, then, that NHS England will have to do more than simply commission healthcare provision within the college. It is welcome that there will be such a physical provision, although the noble Lord has pointed out that, of itself, that will not be enough. NHS England will have to ensure that appropriate provision will be made when the offender returns home, quite conceivably in a different NHS region. How will that work? Will NHS England assume responsibility in a different region, or will it be involved from the outset? How will the commissioning process work, both for the period during which the offender is in the college and afterwards?
What will be the role of the relevant local authorities? Leicestershire, in the first instance, will be the site of the first college. Will the home authority deal with educational and childcare provision on the offender’s return home or return to residential care in the case of looked-after children? Have there been any discussions with local authorities—with Leicestershire in the first instance, which presumably will be able to provide educational and other provision if the project goes ahead within its boundaries—and with the Local Government Association on behalf of other local authorities generally, in respect of the need to follow up when the offender returns home?
The noble Lord has made a robust critique of the proposals this afternoon and throughout the debates on this Bill. When the Bill returns to the House of Commons, it is important that the other place should have a response to the questions that he has raised, the suggestions he has made and those which I have added.
However, at this stage, I join the noble Lord in expressing our thanks to the Minister who has, as ever, argued the Government’s case with great skill and perhaps conviction—but certainly with great skill. We are grateful to him and to the Bill team for the assistance that they have given. In some respects, the Bill has been improved, but this area remains extremely problematic. I hope that the Minister will be able to persuade his colleagues to look again at the questions and issues that have been raised, in which case he will be entitled to even more gratitude than that which I and others now extend to him.
Lord Faulks: My Lords, I am, of course, disappointed that the noble Lord, Lord Ramsbotham, remains concerned about the provisions in the Bill to create secure colleges. With 68% of young people reoffending
within a year of leaving custody, the Government have taken the view that it is clear that things must change. As the House knows, secure colleges will put high-quality education at the centre of efforts to rehabilitate young offenders. These provisions in the Bill provide the framework for this approach.
As the noble Lord was good enough to say, the Government have gone to great lengths to engage Peers, stakeholders, practitioners and experts—and, indeed, young offenders themselves—on our plans. Indeed, we are currently consulting on our approach to secure college rules and, in response to concerns voiced in this House, we have amended the Bill to make these rules subject to the affirmative procedure to the extent that they authorise force, which was an area of particular concern.
The noble Lord described my position as being rather like that of a tank commander. I am not sure whether that was a compliment or the opposite. Be that as it may, it would be wrong to suggest that the Government are frozen in a rigid posture in responding to any new knowledge or learning that is available on the best way to treat these particularly vulnerable young people. The report from the BMA published last Tuesday will inform the Government’s approach to this issue and, indeed, to all issues.
Of course, the noble Lord is quite right, as was the noble Lord, Lord Beecham, to focus on the health needs of this cohort. The Government have worked closely with NHS England since the inception of the proposal, and I assure the noble Lord and the House that we have a very constructive and well established relationship with the Department of Health and NHS England on youth justice. I should remind the House that NHS England commissions healthcare for young people in custody. During the debates, I attempted to indicate to the House how the provision of healthcare within the secure college should enable its better delivery to these young people—better, we hope, than in the current youth custody estate.
As I say, we continue to develop these plans. We will, of course, bear in mind all advice from whatever source, particularly any new learning that is available. However, we continue to believe that these secure colleges—whatever anxiety may reasonably be expressed about them—will provide an appropriate means of giving education to young people who, sadly, have often lacked any continuity in their education and, at the same time, help them to rehabilitate and to emerge at the end of their sentence with a much better chance of leading useful lives. I hope that I have gone some way to reassure the noble Lord and ask the House to pass the Bill.
Lord Beecham: My Lords, before the Minister sits down, I would be grateful if he would comment on the role of local authorities through their children’s services departments, in addition to the health aspect. The two cannot be divided.
Lord Faulks: They cannot—but I am not going to comment in detail from the Dispatch Box on those precise roles. Of course, as the noble Lord will be aware, local authorities have statutory functions in
relation to all young people in their local authority area. Those duties will continue, depending on the geographical position of the young person—and of course the NHS has its own obligations, wherever that individual may be. If I have any further information to elaborate upon my answer to that question, I will do so in writing.
Bill passed and returned to the Commons with amendments.
EU Budget Surcharge
Statement
4.10 pm
The Commercial Secretary to the Treasury (Lord Deighton) (Con):My Lords,I shall now repeat in the form of a Statement the Answer given by my right honourable friend the Chancellor of the Exchequer to an Urgent Question earlier this afternoon in the House of Commons. The Statement is as follows.
“Last month the previous European Commission presented Britain with a bill for £1.7 billion, which it insisted had to be paid by 1 December. The Prime Minister spoke for taxpayers when he said that was completely unacceptable, and we set out to get a better deal. After intensive discussion with the new Commission and at the ECOFIN last week, we have achieved that.
I can tell the House that we have halved the bill, delayed the bill, will pay no interest on the bill—and have changed the rules of the EU so this unacceptable behaviour never happens again. Let me briefly give the details.
At the European Council last month, the Prime Minister made it clear to the Barroso Commission that, while annual adjustments to contributions were a regular part of EU membership, a sudden and unprecedented demand for a £1.7 billion payment on 1 December was unacceptable. He got agreement of all 28 Heads of Government that it should be discussed by the Finance Ministers urgently.
That meeting took place last Friday, and followed two weeks of intensive and constructive discussion with the new Budget Commissioner—Vice-President Georgieva—and other member states. As a result of those discussions, we achieved unanimous agreement that, first, expecting payment on 1 December was indeed unacceptable. Therefore, the budget rules will be rewritten to allow for a delay in any payments, and in Britain’s case that means we will pay nothing this year, and instead make payments in two instalments in July and September, in the second half of next year.
Secondly, the suggestion that we might have to pay interest charges was rejected. It was unanimously agreed that there would be no interest charged on these delayed payments.
Thirdly, in our discussion with the new European Commission, it was agreed that a full rebate would apply to the British payment, and that this rebate would be specific, extra to any other rebate we might expect next year, and, for the first time ever, be paid simultaneously with any money owed. It was not clear we would receive a rebate, let alone such a large one.
No one in this House suggested we would. Indeed, it was only confirmed to us by Vice-President Georgieva on 6 November—last Thursday evening. It means that Britain’s payments have been halved from £1.7 billion to around £850 million.
Finally, all member states agreed with us that this entire episode was unacceptable. A deal was reached to make a permanent change in European law so it never happens like this again. In the face of this budget challenge we have far exceeded the expectations or predictions made by those before Friday’s meeting. We have achieved a real result for Britain. But this is only the first step of the reform we need in Europe—reform that we on this side of the House believe should be put to a vote of the people of Britain”.
4.14 pm
Lord Davies of Oldham (Lab): My Lords, I genuinely feel sorry for the noble Lord opposite. In 10 years or so of speaking from that Dispatch Box, I now and again had awkward cases to argue but I never had a completely bankrupt one, such as the case that the noble Lord is trying to put forward. If the Chancellor had got such a good deal, why did he not go to the other place and make a Statement today instead of being dragged there by my right honourable friend the shadow Chancellor in order to answer some questions that have arisen around this issue?
Is it not clear that the Chancellor failed to reduce the UK’s net contribution by a single penny? The analogy that has been used widely is “smoke and mirrors”. I cannot see much through smoke and at the age of 75 I do not much like what I see in the mirror. I certainly do not like the Government’s smoke and mirrors on such a significant issue as this sum. What it all revolved around is the fact which the Government seek continually to deny—that they had omitted to identify the rebate to which we were entitled, a rebate that the Commission has made abundantly clear was never in the slightest doubt. On all sides, it has been made absolutely clear that Britain was going to get the rebate, and the saving that the Chancellor has made was achieved by subtracting from the bill he was presented with the rebate to which we were entitled. What a story.
Lord Deighton: I should just like to point out that what we have seen in the past few days is complete clarification of a situation. The reality is that the net payment is £850 million. Noble Lords may understand the situation better than me but until that point everyone assumed that the payment was £1.7 billion. The rebate was not at all clear. What officials spent the past two weeks doing was clarifying that the rebate would be available in a size that has effectively halved our payments. There are also no smoke and mirrors about the fact that the payment has now been delayed—it is in two stages. We have brought the rebate forward so that it offsets the notional second half of the payment. What we have introduced in the past few days is complete and utter clarity on the arrangement in hand.
4.16 pm
Baroness Ludford (LD): My Lords, can the Minister confirm that the policy of constructive engagement and alliance that has brought this happy result will be
pursued across the whole spectrum of EU policy, instead of one of hubris, bluster, threat and brinkmanship about repatriation of powers, as that is the way to get a good result? Can he also confirm that while of course the UK must always drive a hard bargain to get the best value, given that control of EU spending is vital, our UK contributions to the EU, which give us access to the world’s biggest single market and trade agreements with 50 countries, are less than a quarter of our annual national debt payments? Finally, can he also clarify the exact way in which the final bill has been calculated and whether the rebate is being applied to all 18 years—1995 to 2013—covered by the £1.7 billion GNI recalculation? What is the effect on the rebate in the next and subsequent years?
Lord Deighton: I thank my noble friend for the questions; there is quite a list there. My right honourable friend the Chancellor has demonstrated how effective his constructive engagement has been in producing this outcome. I would expect the same result from the Prime Minister’s constructive engagement on the reform programme that we will put to the British people in 2017. It is absolutely right that we drive a hard bargain and get better value for money. If one looks at the EU budget, my right honourable friend the Prime Minister has been the first to achieve a real-terms cut for the multi-year financial facility, through to 2020, which has thereby capped the amount spent. The weakest part of our performance of the past few years in that negotiation was, frankly, the poor rebate deal that the previous Government gave away, which put us in a much weaker position. That was by far the most ineffectual piece of negotiation. It is a complicated calculation to work out these rebates, but the rebate side of the calculation does not go back for the same full period as the GNI calculation.
Lord Richard (Lab): My Lords, the original demand from the Commission was for €1.7 billion. Its demand is still €1.7 billion, against which a British rebate of approximately half that sum has to be offset. If that is right, and I think it is, it does not seem to me that the Government have reduced the amount of the demand by one penny—certainly not by one euro. What they have done, through some creative mathematics, is bring in a rebate that we were going to get anyway and then pretend that they have reduced the €1.7 billion, which they have not.
Lord Deighton: My Lords, I am afraid that I can only repeat the position. It was far from clear that the rebate would be applied. That is the point at issue between us. We can continue to have that discussion, but it was far from clear that the rebate would be applied. That is what was accomplished in the last two weeks. The other things that have been accomplished are a deferment of the payment and that there will be no interest on those payments. We have also changed the rules so that we cannot get ambushed like this again.
Lord Hannay of Chiswick (CB): My Lords, would the Minister accept a welcome for the elegant and timely decisions reached in the Council last Friday, while recognising that the clarifications relate to the timing of payments, not to their scale? Will he also
recognise that such technical adjustments, as I think the Chancellor said in his Statement, are an endemic part of the EU budget process, from which the UK sometimes benefits and sometimes loses? In future, it might be better to handle it all a little more calmly.
Lord Deighton: I thank the noble Lord for pointing out that these are, in practice, technical adjustments. Of course, it was a very large technical adjustment delivered with very short notice, which is why the Prime Minister reacted in the way that he did, and why, as part of the negotiations over the past couple of weeks, we have determined that the process will not work quite that way again. In summary, I agree with the noble Lord that there is a better way to handle these things.
Lord Brabazon of Tara (Con): My Lords, would my noble friend not agree that, when the announcement was first made that we had to pay £1.7 billion—it is pounds, not euros—we were told by the Commission, other member states and, no doubt, the party opposite that it had to be paid by 1 December, or else we would have to pay interest? We have now reached a situation where it does not have to be paid by 1 December; half of it has to be paid over a period next year. By the way, there was no mention of the rebate whatever at the beginning of this conversation. If this is smoke and mirrors, can we please have more of them?
Lord Deighton: I thank my noble friend for putting, with force and eloquence, precisely the points I have been trying to make in response to the last three questions.
Lord Tomlinson (Lab): My Lords, can the noble Lord explain exactly what the Treasury had been up to—it had been involved in all the calculations—and how it was that, after three months of negotiations, the Chancellor did not understand what it had been doing? The Chancellor also did not advise the Prime Minister before he went to Brussels, which is why the Prime Minister was caught on the hop. If we have not got just what we were going to get back in any case, can the Minister assure us that we are still going to get the rebate in 2015 and 2016, and that we have not merely already received it back as an advance?
Lord Deighton: I can assure the noble Lord that the rebate that we are discussing with respect to halving this payment is applied specifically to this payment. It is independent of other arrangements for the rebate.
Lord Stoddart of Swindon (Ind Lab): My Lords, is the Minister aware—it was these Benches’ turn.
Lord Ashton of Hyde (Con): Actually, my Lords, we have had one question from each.
Lord Cormack: My Lords, I was saying to my noble friend: is this not the most skilful manoeuvre we have seen since Disraeli caught the Whigs bathing and ran away with their clothes?
Lord Deighton: It is hard for me to put it in historical perspective, but as always, the Prime Minister and my right honourable friend the Chancellor have done an excellent job representing the interests of this country.
Lord Stoddart of Swindon: There is a minute, so I have just made it. The country was treated to a lot of sound and bluster from the Prime Minister stating that he was not going to pay a penny. Today, by smoke and mirrors, the Chancellor has reduced that amount to £850 million. However, is the Minister aware that people think that that is a lot of money, which is to be added to the £11 billion we shall be making in contributions?
Lord Deighton: I agree with the noble Lord that £850 million is a lot of money. We will expect value for money for that kind of investment. I should make clear that the Prime Minister said that we would not be paying £1.7 billion on 1 December. In fact, we will pay nothing on 1 December. We will pay £850 million in two payments next year.
Infrastructure Bill [HL]
Report (3rd Day)
4.25 pm
Clause 30: Maximising economic recovery of UK petroleum
113A: Clause 30, page 31, line 8, after “petroleum” insert “and the co-ordination of the transportation and storage of CO2”
Baroness Worthington (Lab): My Lords, it is a pleasure to speak to the energy parts of the Infrastructure Bill on Report. We hope that these amendments will introduce a level of co-ordination into government policy, specifically with regard to the use of enhanced oil recovery for the furtherance of extraction of oil and gas reserves from the North Sea—and, in doing so, will join up with a policy on carbon capture and storage and the pursuit of carbon capture and storage. We on these Benches are clear that we must pursue a range of technologies if we are to meet our challenging greenhouse gas targets and, more specifically, if we are to decarbonise both our power sector and, importantly, our industrial sector. When we look at the industrial sector, it seems clear that CCS will have to play a considerable role.
Unfortunately, we have not yet seen the ground being broken on any CCS projects in the UK. We have seen CCS start to operate on a commercial scale in Canada and we will see a plant opening in the US. We are also told that commercial-scale projects are expected to be commissioned in China. Therefore, we have slightly fallen behind the curve in terms of leadership on this. Nevertheless, our geographic advantages in the UK are such that we can be a very fast follower. We can take the great learnings that we are seeing in other parts of the world and apply them here to become a leader in Europe in the application of carbon capture and storage.
We have two projects under consideration: in Peterhead in Scotland, and the White Rose project in the north of England. Both could help to establish a considerable infrastructure that would help CCS to be deployed in other sectors and at other power stations. In the creation of this infrastructure it is likely that we will see enhanced oil recovery playing a part, particularly in the Scottish project. The purpose of these amendments is to probe the Government on the degree to which CCS and enhanced oil recovery will be incorporated in this new approach to getting economic advantage and economic development in the North Sea. We understand that the Government have tabled amendments with a view to establishing a new regulatory body, following on from the recommendations of the Wood review, which mentioned CCS and EOR specifically. Recommendation 4 states:
“The new Regulator should work with Industry to develop and implement strategies”,
which include looking at CCS and enhanced oil recovery. Unfortunately, as tabled, there is no explicit reference to those strategies in the clauses that we are here to debate this afternoon. My two amendments seek to address that. I look forward to the response of the noble Baroness. I beg to move.
4.30 pm
Lord Jenkin of Roding (Con): My Lords, I have some sympathy with the noble Baroness’s amendment. It has always seemed to me that if you are to have an effective carbon capture and storage policy, and if it is to be developed from the two projects which the Government are currently financing, it would make sense eventually to have what one might call a grid for the CO2 that would be separated as a result of the technology. Each individual power station developing its own method of disposing of its CO2 would not seem to me to be sensible.
However, we are at a very early stage in developing this technology. Yes, there have been other examples of a technology being worked in other countries. A number of noble Lords were in a party that I joined a year or two back when we went down to see the BP research establishment at Sunbury. We were given what I found a completely fascinating account of how carbon capture and storage has been operated in a large BP gas field in Algeria, with gas deposits spread over about 20 miles or more coming up to the collection point and the carbon capture and storage technology being applied and the CO2 going straight back down to the deposits from which the gas had been extracted. The gas, now free of CO2, was piped to the coast where it was delivered to markets.
I completely understand that that is a unique situation, but there are other examples in other parts of the world where the technology is working, and one hopes that this will be possible. If we are going to have to rely on fossil fuels—as I believe we will—for at least the next three decades or perhaps more, it seems desirable, if we can, to develop an economic method of carbon capture and storage so that it can be done without necessarily increasing the carbon that has to be discharged into the atmosphere.
I say this with some hesitation as the noble Lord, Lord Oxburgh, is sitting opposite and knows, I suspect, 10 times more about this than most of the rest of us. Nevertheless, the Government’s policy of having pilot projects and supporting them with the support of the industry is the right way ahead. It may well be that if this can be developed it will be necessary at the same time to develop a coherent system for disposing of the CO2 that is discharged from the plant. I shall be interested to hear from my noble friend on the Front Bench about whether this needs a change in the law. It seems to me that something along these lines may eventually be necessary, and I hope that perhaps the Government will recognise that in due course.
The Lord Bishop of Chester: My Lords, can I ask the Minister when she responds to comment on two points? First, if we are now to be committed in this legally strengthened way to the maximum economic exploration of our oil and gas reserves, how do the Government see that to be compatible with the commitment under the Climate Change Act to reduce our emissions to only 20% of the 1990 level by 2050 without also having a strategy for carbon capture and storage, which I think lies behind the amendment?
Secondly, the amendment refers to the economic extraction of our hydrocarbons—I have never yet heard any reliable estimate of what the additional cost will be of having carbon capture and storage on a typical power station, be it a coal station or a gas station. What level of increase per kilowatt hour—in a unit that can be easily understood—is anticipated if carbon capture and storage is required on such stations? That impacts on what is economically recoverable.
The Earl of Caithness (Con): My Lords, I have a question for my noble friend on the Front Bench arising from my work not long ago on carbon capture and storage. It concluded that every situation would be different and that it would depend not only on the oil wells but on the businesses trying to do this work. Some businesses might be able to pool their resources, and while it might be possible to set up a grid in a certain area, it might not be in another. Would not the amendments as proposed make that much more difficult? As my noble friend Lord Jenkin has reminded us, we are at a very early stage in CCS and the technology is not yet fully proven. An awful lot of work still has to be done, so to put something like this on to an industry which is in its infancy will surely cause more problems than it will solve.
The Parliamentary Under-Secretary of State, Department of Energy and Climate Change (Baroness Verma): My Lords, I thank the noble Baroness, Lady Worthington, for proposing these amendments and all noble Lords who have contributed to the debate. It gives me the opportunity to respond in full to both amendments in the group. They seek to extend the maximising economic principle objective to include,
“co-ordination of the transportation and storage of CO2”,
“the establishment of a strategic vision for the permanent storage of CO2 in depleted fields”.
I reassure noble Lords that the UK has one of the most comprehensive programmes on CCS anywhere in the world in order to support the commercialisation of the technology and develop the industry. The programme includes a competition with up to £1 billion capital plus operational support for large CCS projects and a £125 million research, development and innovation programme. In addition, the Government set out how we are supporting the carbon capture and storage industry in a policy scoping document published in August. The document sought evidence and views from experts and stakeholders on a range of issues affecting the CCS industry going forward, including CCS with enhanced oil recovery. The deadline for submitting those views passed just over two weeks ago. Given that we are analysing the responses we have received and are in discussions with HM Treasury over its review of the fiscal regime for oil and gas, it would seem premature to make provision in primary legislation at this time.
The Government recognise that captured carbon dioxide could play a role in enhanced oil recovery, and likewise that enhanced oil recovery could play a role in the UK’s carbon capture and storage industry going forward, but the extent of any interaction between the CCS industry and the concept of maximising economic recovery of petroleum is not yet clear. Carbon dioxide transport and permanent geological storage is a nascent industry, so although it is important to promote the industry where possible it would be wrong to be too prescriptive now. That point was made eloquently by my noble friends Lord Jenkin and Lord Caithness. Further discussions with industry and the relevant trade associations are needed before we can say with certainty how the MER UK principle should apply to areas such as CCS.
The Oil and Gas Authority will have a significant function in considering the role of CCS when determining whether companies are operating in line with the maximising economic recovery strategy. The OGA will issue carbon dioxide storage site licences and approve carbon dioxide storage permit applications. It will also have responsibility to ensure that CCS is considered as part of a proposed decommissioning plan and will take into account the viability of utilising captured carbon dioxide in enhanced oil recovery projects. In addition, the transfer and storage of carbon dioxide is an important technology, which is why it is likely to form a key element of the technology and decommissioning sector strategies that will be developed by the OGA, in consultation with industry. These strategies will help to underpin the overarching strategy related to maximising economic recovery.
The right reverend Prelate the Bishop of Chester asked how this would help us to meet our emissions reduction aims as set out in the Climate Change Act 2008. Implementing recommendations contained in the Wood review will be done in a way compatible with the legally binding climate change targets. Our overarching energy strategy seeks to underpin secure and diverse energy supplies, including renewable, nuclear and indigenous resources. The carbon plan has shown that Britain will still need significant oil and gas supplies over the next decades while we decarbonise our economy and make a transition to a low-carbon
one; projections show that in 2030 oil and gas will still be a vital part of the energy mix, providing around 70% of the UK’s primary energy requirements as we seek that transition.
The right reverend Prelate also asked about the costs of carbon capture. If he and noble Lords would allow it I would like to write to him and ensure that the Committee gets sight of the letter.
Having given those reassurances and demonstrated that the Government see that carbon capture and storage will be a part of our strategy in the future, though we are still at an early stage, I hope that the noble Baroness can be persuaded to withdraw her amendment.
Baroness Worthington: I thank the Minister for her response and for the comments of noble Lords. I am encouraged to hear these explicit references to the work of the OGA in relation to CCS and EMR. It is not unnecessarily prescriptive to add it to this part of the Bill. As we go forward and if the Government come forward with other legislation to transfer the OGA from an executive to a private company, we may have a chance to revisit this. We are in a world where CCS is being taken seriously and EMR is often associated with that. We are also in a world where offshore oil and gas fields are running down. If CCS can achieve the double aim of reducing our carbon emissions and helping to maximise economic recovery, that should certainly be pursued. I do not see why it cannot be explicitly stated, as it seems such an obvious win-win, but I am happy to withdraw my amendment.
Baroness Verma: My Lords, the UK oil and gas industry is of national importance. It makes a substantial contribution to the economy and supports around 450,000 jobs. Oil and gas will continue to be a vital part of the energy mix as we transition to a low-carbon economy, still meeting around 70% of our energy demand in 2030. Therefore it is vital that we maximise our indigenous supply, to put downward pressure on prices, support jobs and maintain secure supplies. The Government commissioned Sir Ian Wood in June 2013 to review UK offshore oil and gas recovery and its regulation, and we have been making good progress in implementing the recommendations.
Amendments 113C to 113F seek to remove from Clause 30 all references to commercial arrangements. This issue is clearly of the utmost importance, since a great deal of what industry does in its efforts to maximise the recovery of offshore oil and gas is affected through oil and gas’s commercial arrangements with one another. Never in the history of the UKCS has this been more true than today. As set out in the Wood
review, collaboration between licence holders, operators and infrastructure owners will be a key requirement to meet the challenge of maximising economic recovery from the UKCS.
Clause 30 provides for this and makes collaboration a central part of the principle of maximising the economic recovery of UK petroleum. However, the Government recognise the legitimate concerns that industry has raised about the way in which commercial arrangements are dealt with in the clause. The industry is concerned that it may have an adverse impact on investment in the UK continental shelf, and we take those concerns seriously. It is not in anyone’s interests to undermine investment in the UKCS at such an important time.
We have just launched a call for evidence to discuss in further detail with interested parties the best way in which to implement the recommendations contained in the Wood review. We will use this opportunity to discuss how the maximising economic recovery strategy should apply to commercial arrangements without creating any unforeseen circumstances.
Amendment 131A is minor and technical in nature. Clauses 30 and 31 and Schedule 6 come into force on such days as the Secretary of State appoints by regulations. The purpose of the amendment to Clause 41(7) is that regulations bringing into force those provisions may appoint different days for different purposes. It is for these reasons that I propose these amendments and I beg to move.
4.45 pm
Lord Davies of Oldham (Lab): My Lords, the House will know that we have been supportive of this new regulator and have very much welcomed its creation. Of course, the Wood review suggested that the measures within it would increase, as the Minister has indicated, the production of oil and gas from the North Sea by a third—and in doing so produce an additional 3 billion to 4 billion barrels, with a wholesale value of around £200 billion over the next 20 years. Those are significant numbers and anything that helps to produce figures of that kind to the advantage of our people and our economy is, of course, greatly to be welcomed.
This measure was welcomed by the industry although there were concerns about the power of the regulator to interfere with commercial arrangements. These amendments would remove the ability of the regulator to alter commercial arrangements. Therefore, I must say, they appear to water down its powers. We understand the anxiety about the commercial arrangements but if this change is necessary to ensure that investment is not deterred, we need to hear from the Minister the extent to which it can be said to have substantially altered the regulator’s power. If it has not made any significant change, what is the rationale behind these amendments?
Did the Government consult Sir Ian Wood before developing these amendments and, if so, what was his response? Obviously, it is important that we have his views if these amendments represent a significant change to the regulator, which we as the Opposition have fears that they do. The fundamental question prompted by this change is whether the regulator still
has the required authority to encourage greater co-operation and asset-sharing, and, following on from that, whether the Government see the regulator as a facilitator or as someone who can insist on co-operation. I hope the Minister will recognise that our anxieties that the amendments might represent a weakening of the power of the regulator need to be allayed.
Lord Jenkin of Roding: My Lords, it needs to be remembered—indeed, the noble Lord, Lord Davies, has acknowledged—that the industry very much welcomed the report of Sir Ian Wood.
Noble Lords will remember that perhaps the most important recommendation that Sir Ian Wood made was that in future if we are to maximise the economic recovery of oil and gas, there needs to be a tripartite partnership of the Government, the industry and the regulator. The industry signed up to that. That has been the basis of the substantial amendments which were moved in Committee with the intention of implementing the Wood review, and I am on record as having welcomed them very warmly.
I am aware of the concerns which have been voiced by the industry—to which the noble Lord, Lord Davies, has referred—but I take much comfort in the recent appointment of Andy Samuel as the chief executive officer of the Oil and Gas Authority. As my right honourable friend Mr Davey announced in the Statement last week:
“This is a significant milestone in the establishment of the OGA and demonstrates our commitment to the UK’s oil and gas industry and implementing Sir Ian’s recommendations”.—[Official Report, Commons, 6/11/14; col. 53WS.]
It has to be remembered that Andy Samuel has a very long background in the industry. He will understand as well as anybody the problems of getting industry members— hitherto seen as competing with each other all the time—to work together in this tripartite arrangement. Therefore, while I understand the concerns, I do not share the problem of the noble Lord, Lord Davies, because I think the industry is well placed to take this forward and achieve the very substantial advantages of additional production and national revenue that were outlined. I think these amendments are probably necessary to reassure the industry but I believe the industry is firmly committed to the tripartite partition for which Sir Ian called.
Baroness Verma: My Lords, I am extremely grateful to my noble friend for his intervention and contribution, because he lays out very clearly our position. In responding again to the concerns of the noble Lord, Lord Davies, we are committed to ensuring that the regulator is as strong, competent and influential as a regulator should be. However, it is important to ensure that the powers are practical and effective and do not create unintended consequences, as I stated earlier.
It is also important that we do not undermine investment in the UKCS at such an important time. As part of the call for evidence we will engage with interested parties to discuss how the strategy for maximising economic recovery should apply to commercial arrangements. The noble Lord, Lord Davies, asked if Sir Ian Wood was content with our amendments; the understanding is that he is content, but he also
understands very clearly that we must not be undermining investment at this time. It is not our intent that the OGA has the ability to directly interfere with new or existing commercial arrangements. We will ensure that the strategy deals with commercial arrangements in a sensible and proportionate way.
We have listened very carefully to all concerns from industry and other stakeholders but, as my noble friend Lord Jenkin has rightly said, this is a tripartite understanding of investment within the UKCS, and therefore I hope that the noble Lord, Lord Davies, is content with my descriptions of why the amendments are important.
Amendments 113D to 113F agreed.
113G: Before Clause 32, insert the following new Clause—
“Underground access: environmental protection
(1) All sites extracting petroleum under the provisions of section 32 must—
(a) carry out an Environmental Impact Assessment,
(b) ensure that independent inspections are carried out of the integrity of wells used,
(c) publicly disclose the chemicals used for the extraction process, and the proportions in which they are used on a well-by-well basis,
(d) consult with the relevant water company, and
(e) carry out monitoring over the previous 12 month period.
(2) The Secretary of State must by regulation specify what data shall be required under paragraph (e).
(3) Regulations under subsection (2) must specify as required data the levels of methane in the groundwater and ecological studies, that data shall include but is not limited to levels of methane in the groundwater and ecological studies.
(4) Regulations under subsection (2) must be made by statutory instrument and may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
Baroness Worthington: My Lords, I shall speak also to Amendment 115A. These two amendments have been tabled to address what I think will prove a major oversight on the part of the Government. They would ensure that hydraulic fracturing for oil and gas in the UK could get off to a good start with the confidence of the general public. The oversight that I refer to is that there has been no word from the Government on the need for regulations to enhance environmental protection in light of this new activity.
Obviously, we have been used to extracting oil and gas from offshore in the UK for many years. However, the advent of fracking, as has been seen in the US, brings with it a unique set of circumstances and a unique set of potential risks. It seems odd that the Government have not seen fit to come forward with a comprehensive review of the current environmental regulations that would apply to this industry and have sought only to introduce a limited set of clauses to the Bill, which we will come on to debate, relating to trespass laws.
As I have said, fracking is a novel process which contains a number of different stages all of which will be subject to some forms of environmental regulation—let us be clear about that. However, the Economic Affairs Committee of the noble Lord, Lord MacGregor, in its thorough and detailed inquiry and recent report, clearly highlighted the need for a review of the existing regulations not only to simplify and clarify but to ensure that any potential loopholes are closed. Two in particular were mentioned by the noble Lords who were the authors of that report, one being the need for genuine independence of inspectors and the other—here, they cited a recommendation of Professor David MacKay—the need for baseline and ongoing monitoring of fugitive emissions. Our amendment puts forward those requirements as part of new regulations. We have also included two or three other issues.
We propose our amendments not out of any desire to see fracking held back or delayed but to give it the best possible chance of moving forward on the right foot from the outset. Just last week, a town in Texas, Denton, voted against allowing fracking to continue within the confines of the town. This is right in the heart of the oil and gas boom that has been brought about by shale gas in the US. The reason cited for passing the ban was that people had become tired of industry trying to work around environmental protections and environmental regulations.
Our aim in tabling the amendments is to ensure that we do not have that outcome here in the UK. We should take the time now to introduce a proper regulatory framework that enables the industry to get off to the right start and to learn from some of the mistakes that we have seen in the US, where patchy regulation has led to a number of pernicious scare stories being in the public mind when it comes to fracking. Once such stories have seen the light of day, they are very hard to root out. It is our contention that the Government have not done enough to go forward with a sensible and balanced approach to fracking in the UK—hence these amendments.
As I have said, in thinking about amendments, we read with great care the recommendations of noble Lords on the Economic Affairs Committee. I am pleased to say that we have taken forward the two recommendations that I mentioned, on independence of inspectors and in relation to the monitoring that is needed to establish a baseline. We can have a discussion about how that baseline should be established, but it would be in the interests of the industry to have baseline monitoring because what we do not want is for stories to keep abounding about shale gas having higher emissions than coal simply because we lack the
data. It would be a shame not to put in place the adequate protections so that we can have access to those data and can refute such claims, and to show that fugitive emissions do not undermine the environmental case for fracking.
As I said in my comments previously on CCS, on our side we are committed to bringing forward a whole range of low-carbon technologies and fuels to enable us to decarbonise our economy. Shale gas can play an important role in that. I would far rather that we use homegrown gas than imported Russian coal. For that reason you will see that we are, in general, supportive of the Government’s moves to change the laws and the legal loopholes that we will debate today. However, we have tabled this amendment because this is a very serious issue. We need to get public support and public confidence and ensure that our regulators have every possible chance to ensure that this industry gets off to a good start.
5 pm
I am sure that the Minister will claim that the experts say that it is all okay and we have all the environmental regulations we need, but that does not appear to be the case. I have been approached by someone who mentioned to me that the regulatory structure is really not good enough, both in its complexity and its lack of oversight in terms of some of the issues I have just mentioned. I would very much like to hear from the Minister what her response is to the question of independent inspection.
Equally, in our debate on Tuesday, a number of noble Lords made specific reference to the issue of fugitive emissions—here I refer to our Amendment 115A. Unfortunately, the Minister was not forthcoming in her response to either myself or the noble Lords, Lord Shipley and Lord MacGregor, who also raised questions about fugitive emissions. I hope that the Minister will use the opportunity today to put on record the Government’s approach to fugitive emissions, the baseline monitoring for those, the ongoing monitoring and who should pay for that and resource it.
I apologise to noble Lords if I am even more rambling than normal. I am not feeling 100% today, but I am here because this is an incredibly important aspect of this Bill. It is in our interest, and also that of industry and the economy, that we get fracking right. I do not believe that the Government have paid sufficient attention or listened carefully enough to the concerns from those in the environmental sector, pondering on what we think about the potential impact of this technology. I look forward to hearing the response of the noble Baroness. I beg to move.
Lord Jenkin of Roding: My Lords I understand the case that has been made by the noble Baroness, Lady Worthington. I started my consideration of the details of this with the hugely important joint report of the Royal Society and the Royal Academy of Engineering back in June 2012. Indeed, I had substantial discussions with the chairman of the committee that produced the report, Sir Robert Mair, whom I had known previously. Perhaps the most important statement in that report—and it had a great deal of detail backing it up—was that
they had reviewed the scientific and engineering evidence on risks associated with UK shale gas development and concluded that those risks,
“can be managed effectively in the UK as long as operational best practices are implemented and enforced through regulation”.
That has been at the heart of my continuing support for the development of the shale gas industry in this country.
My second point—and no doubt my noble friend will be able to elaborate on this—is that the regulation system that we have in this country, in general under the authority of the Environment Agency, is quite different from that in the United States. I am in no doubt that some of the regulation there has been quite seriously defective. That has given rise to accidents that have been reported, and to the lack of support that one is aware of here and that the noble Baroness has referred to. Of course, you only have to read the media to realise that every accident that happens there is greatly magnified through the media—with a trumpet, as it were. If noble Lords studied the various blogs that come out on this every day, I am sure they would realise what an unbalanced argument it has become because of the way in which all these things are presented here in this country.
I have been critical in the past of both the industry and the Government for failing to realise the extent to which they need to fight the case for the development of a shale gas industry. To be fair to the industry, it has now started a considerable programme called “Let’s talk about shale”. Briefly, the leaflet I have been sent speaks of the very considerable activities that the industry is now taking—primarily in the areas of the Bowland shale deposits, because that is where the main arguments come from at the moment, but of course that can eventually be spread nationwide. That is a welcome development, if perhaps a bit belated, but at least it is now happening.
The one point where I agree with the noble Baroness is that the Government have to match that as well, and take these scare stories seriously and counteract them. Indeed, when I talked to the head of the trade association UK Onshore Oil and Gas, I said, “Learn the lesson of instant rebuttal”. We learnt that from a previous Government. If they wanted to scotch a rumour, it had to be the subject of an instant rebuttal. I see very little sign in the media that either the industry or the Government are yet engaging effectively in the instant rebuttal of scare stories.
Having said that, I will perhaps anticipate what my noble friend will say. We now have the most effective system of regulation in the world for our oil and gas resources. It is of a very high standard and admired across the world. There is absolutely no suggestion that the existing powers of the Environment Agency and other bodies involved in this need reinforcing by additional statutory provisions, as in these amendments.
I read the amendments and thought, “For goodness sake, all this is happening already”. The noble Baroness mentioned baseline monitoring. The Environment Agency has the powers—as have the Scottish Environment Protection Agency and Natural Resources Wales—to require baseline monitoring of those environmental indicators it considers appropriate and for the lengths
of time it deems suitable for each given site. We discussed this in Grand Committee. I was certainly there arguing that baseline monitoring is hugely important. If there is to be any question of contamination, you have to know what you are starting with. That is what it means and we do that in this country already. I have never heard it suggested that it is anything other than fully effective.
I am not sure that we need the additional provisions in the noble Baroness’s amendments. I have great faith in the ability of our existing monitors. They have these powers and the duties imposed on them. They do not need to be told in detail by Parliament what to do and how to do their jobs, so this is probably unnecessary. I understand the motives behind the amendments, but the issue should be dealt with effectively by proper information programmes to counter the mischievous rumours that one reads in the press every day. I shall be interested to hear my noble friend’s response from the Front Bench, but I do not think that these amendments actually add anything to what we have already.
Baroness Young of Old Scone (Non-Afl): My Lords, I rise to support Amendment 113G. I declare a past interest, having been chief executive of the Environment Agency for eight years. This is a technology that is deeply distrusted by the public. Certainly, my experience of regulation in the environmental field is that if a degree of certainty can be given to both sides—the industry and the public—that is hugely beneficial in removing tension, distrust and suspicion. Industry used to tell me time and again that it would prefer to see clear, unequivocal regulation, which it could then fit its business around and make sure that it was compliant with, so that there was no doubt about the requirements that would be laid upon it. This was the most successful way of developing a degree of trust on hotly contested issues that could have an environmental impact.
Therefore, I urge the Minister to think seriously about placing in the Bill an environmental impact assessment and some of the other associated requirements here. Some of these exist elsewhere in legislation, but there is no harm in making the point that whether they are implemented is not the decision of the Environment Agency but a requirement because this technology is so distrusted by the public. I think it should cover exploration as well as extraction. It should also be associated, if I may say so slightly in advance, with the two amendments—or at least one of them—that I have put down, which we will be debating later. Certainly in the initial stages of this hotly contested area, we need belt and braces, not just belt.
Lord Wigley (PC): My Lords, I am content to support Amendment 113G as far as it goes but, to my mind, it does not go anything like far enough. I regret that I will be introducing rather a disconsonant note to the debate. I will outline my opposition to hydraulic fracking, lock, stock and two poisoned barrels, in the debate on a later amendment in my name—here’s to knocking these diabolical fracking provisions out of the Bill. These amendments give a modicum of increased environmental protection, and I welcome the reference to the levels of methane in underground water, to which I shall certainly be returning in a later bank of
amendments. I seek some clarification from the mover of the amendment on whether either the Scottish Parliament or the National Assembly for Wales has any role in the consideration of these draft instruments.
Lord Teverson (LD): My Lords, when one reads the amendment, one is clearly very favourable to it because it tries to do certain things and convey a message, which the noble Baroness is quite right about, in terms of public confidence in the fracking industry. However, sometimes in this debate we forget the amount of regulation and control that is already there. For a start, we must have the permission of the surface land owner. We need planning permission from local authorities. We need a licence from DECC from a series of auctions or allocations of those licences and areas for that. We need the Environment Agency to approve and we need health and safety to give the go-ahead as well. That is quite substantial. When I look through the amendment a little more, I certainly agree with independent inspections and disclosure of chemicals. I am far from sure about a 12-month period for a previous record of monitoring. From discussions on this in Committee, this is not particularly seasonal and 12 months is a long time—certainly, in terms of fugitive gases, methane in particular, that is extremely important.
However, I am not sure that the Bill is the right place to ask the Committee on Climate Change to do something. In fact, I am sure the Minister could speak to the chairman of the Committee on Climate Change quite easily—maybe even after the debate—and come to an agreement on whether that was needed. I agree that maybe a report is required. It could, of course, really look only at foreign experience, while perhaps UK experience becomes far more important. We clearly cannot do that until after at least some of the exploration stage, and maybe some of the production stage, has happened. However, I agree that we need the regulation of this technology to be comprehensive, and we have a good track record in general in this area. Perhaps we need that regulation to be in one place comprehensively so that not only the industry but we as parliamentarians can understand it and, more importantly, the public can see how this all works.
So while I do not really support this amendment in its current form, I hope that the Government are working on this anyway and will bring forward, perhaps later in the Bill or in secondary legislation, a comprehensive summary and description of exactly how all these levels of regulation will work within the industry.
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Lord Hollick (Lab): My Lords, I was chair of the Economic Affairs Committee of your Lordships’ House during the inquiry into shale gas and oil. The committee wanted to be fully satisfied that the regulatory regime was equal to the task of protecting people and the environment. We took extensive evidence from regulators, academics, local communities, NGOs and exploration companies. We concluded that the regulations and the mandatory industry guidelines gave the regulators all the powers needed to ensure that the environment and the health and welfare of local communities could be
effectively protected. The report in 2012 by the Royal Society and the Royal Academy of Engineering, already referred to by the noble Lord, Lord Jenkin, came to exactly the same conclusion.
We heard from many witnesses that the current regulation of offshore and onshore gas and oil drilling in the UK is widely regarded as best in class. Four of the proposals in Amendment 113G are already covered by existing regulations or industry guidelines, and there is no need to gold-plate them and include them in the Bill. We on the committee endorsed the recommendation in Professor MacKay’s report that fugitive methane should be measured when shale gas extraction begins. The industry agreed to this. To impose a requirement to monitor over the previous 12-month period is quite unnecessary, and only extends an already far too long 16-month timetable to get permission to drill.
We also recommended in our report, as my noble friend has mentioned, that wellhead inspections should be carried out by independent inspectors. The Environment Agency and the Health and Safety Executive will indeed conduct job inspections but the well examiners will be employed by the companies. This was raised in the debate by the Minister last week, and she pointed out that the companies would provide these. One of the important things about regulation is that not only must it be independent but it must be seen to be independent. So why not ask the companies to foot the bill—if resources are a concern, and I suppose they are—for one of the agencies to carry out these independent inspections?
Our report identified that the tortuous and bureaucratic process to approve exploratory drilling is the major impediment to finding out whether or not the UK’s shale deposits are economically exploitable. It is regrettable that amendments were not tabled to address this serious problem, which has the merit of being supported by the facts and which would have commanded cross-party support. If passed, these amendments would add further complexity to an already devilishly complex and bureaucratic approval process, and will potentially extend the timetable by a further 12 months. Having lost the argument on the facts of the case, delay is now the main weapon of choice for those who oppose fracking. To add further delay to the exploration of shale gas would be a misstep.
Shale gas and shale oil could be a major boost to our economy; create jobs and preserve them; boost public and local finances; and halve emissions by replacing coal, which currently generates 40% of our electricity. For these reasons, I will not be supporting this amendment.
Lord Deben (Con): My Lords, I declare an interest as the chairman of the Committee on Climate Change. It is true that the Minister and I easily could have a conversation, but I wanted to put into context where the Committee on Climate Change stands on the basis of this amendment. Our view is that it would be quite wrong to depart from the science here, when we spend so much time in asking that small group of people who still do not think that climate change is happening, to look at the science there. In other words, we have a responsibility to keep to the science. The science is
very clear that there is no fundamental reason why we should not frack and produce gas. Indeed, there is no argument scientifically opposed to it. The royal societies have done us a great deal of good in their work, because we are able to state that as clearly as any fact can be stated. Of course, no scientific fact remains fact for ever; it can always be altered by new information. That is why all scientists are properly referred to as questioning. That is why I believe that we should start with those facts and say that we should go ahead and see whether fracking can give another way of providing the energy we need.
It is very important to say to those who do not want to frack that there is always somebody who does not want to do any of these things—people who think that neither onshore nor offshore wind is acceptable, or people who do not like tidal power. I am fed up with people who have their favourite bits and dislike every other means of generation. The climate change committee has said, rightly, that we want to have a range of means whereby we can meet our future needs. Fracking could, or should, be part of that because we have already said that we will need gas into the 2030s. I thank the Government again for confirming the fourth carbon budget. Following those budgets, we still will need gas. Surely it would be better coming from our own resources than being brought in from somewhere else, particularly given that we do not always have the confidence in many of those places “somewhere else” that we have in our own resources.
That is the background. However, I warn the Government that there is always a chance of snatching defeat from victory. I am afraid that the Government are not always aware of that, so I want to encourage them not to get into that position. I think that the amendment is unnecessary. However, it seems to me that the reason it has been tabled is that there is so much misunderstanding outside. It is terribly important for the Government to underline the very significant difference between the way in which we deal with environmental questions here and the way in which they are dealt with in the United States. First, we deal with them on a national basis, whereas the United States deals with them on a state basis; secondly, there is no doubt that the United States system is lacking very considerably. There are some really disgraceful examples of failure to insist upon basic environmental protections in the United States. I do not want us to have to fight the public, who are misinformed, not about what happens in the United Kingdom but about what has happened in certain states in the United States. Nor do I want the public to take the rather ridiculous view that because it happens in the United States we can do it here, that it is the answer to everything, and there is no need to think about anything else. Both ends of that spectrum are wrong. Those who think that fracking will be the answer to everything and that there will be lower prices are clearly wrong. I say to the noble Lord that to say that it is unacceptable or that it is a sin against the Holy Ghost is also fundamentally wrong and unscientific. We ought not to go back into that same area of the dark ages, which we are invited to do by those who do not believe in climate change. We have to have a sensible, central position, which the Government have.
I would like the Government to oppose this amendment but to say publicly that they will do three things. One is to make it much clearer to everybody in a simple form how the regulations will work and how they will be enforced. The second is to make it absolutely clear that where the Select Committee of this House has recommended that independent checking is necessary, the Government will find a way of insisting that that is done. That is important not just because the House of Lords has suggested it but, frankly, because no one believes any business if it is doing its own checking. It does not matter how good or how bad the business is, we all believe that checking should be done independently—the business can pay for it but it ought to be done independently. We ought to promise that and state it.
The third thing is, I am afraid, even more important—namely, the Government have to give a real undertaking that, when the moment comes, there will be no question of a shortage of funds for any of the institutions that are responsible for protecting the public. The public are very suspicious that it is all too easy to say, “We would have done it but we couldn’t because it was all too long so we did some random checks”. If this measure is to go ahead, we have to know now that there is no question of there being any shortage of funds for the necessary checking, and that it will be done independently. Those of us who believe in the market believe that the cost should fall, as always, on the people who are proposing the fracking.
I end with one simple comment. I am finding it more and more difficult to deal with those who talk about the free market but do not believe in it. They talk about the free market but mean the managed and biased market that we happen to have and which is convenient for them. I do believe in a free market but that means that the costs of the production of this gas should be placed fairly and squarely on the shoulders of the producers and therefore also on the shoulders of the consumers. Given that, I do not think that we need these amendments. The Government are right to proceed on the basis that part of our means of generating for the future will be our home-produced gas.
Baroness Farrington of Ribbleton (Lab): My Lords, I declare an interest: I live in Lancashire, which is a beautiful, well populated and much loved county, in case anybody has any doubts. I have listened very carefully to the points made in this debate and have read the proceedings on other stages of the Bill when I have been elsewhere in the House and unable to be present. I would like to concentrate on one issue raised by my noble friend Lord Hollick and other noble Lords. If it is managed and controlled carefully, I believe that a benefit to Lancashire and the north-west can be gained from the production of shale gas—and it is an area of the country which has much need of investment, regeneration and growth.
However, I happened to be in bed when the earthquake occurred in the Irish Sea and I have never been able to find out whether the integrity of the relevant well was a factor in that, as alleged in some of the local media. I am not asking the noble Baroness to tell me now whether she knows more about that but I would appreciate a letter.
I want to concentrate on public confidence. I am not a Luddite. I am not one of those who says, “Never”. However, given all the people who have spoken and written to me, I am very well aware of the grave concerns that people have, some of them for the reason that the noble Lords, Lord Jenkin and Lord Deben, referred to—that is, the scare stories. Those are felt to be real by the people in the communities most affected in Lancashire—and they are felt and feared very strongly.
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When I go back to Lancashire, having stated my position, I want to be able to say that there is absolutely no doubt that the companies themselves will neither choose nor be responsible for the independent monitoring of the integrity of the wells. That is the least we can do for the people who are frightened, and to allay the fears of those who are tempted to believe—or do believe—the scare stories that emerge. Therefore I need the Minister to say that the companies will neither choose nor be responsible in any way for the process whereby, for example, the integrity of the wells is judged. I am not interested in an assurance that they will be given rules about choosing who does the monitoring. That will not satisfy the people in Lancashire.
As the noble Lord, Lord Deben, said, one of the problems is that different rules apply in different states in America. We have a strong set of rules in this country, but people need to know that those who judge, for example, the integrity of the wells, have no link, other than being funded by them, with the companies involved. I hope that the Minister will be able to assure me that the Government have taken that on board. I understand the point about the free market, but, as my noble friend Lord Hollick said, people need to know that it is not those with an interest in the business who are judging the safety and security of the wells, but those whose only concern is to report the truth. If the Minister cannot give that rock-solid guarantee, the people of Lancashire who have spoken to me will not be happy. That will delay the process, and nobody wants that.
Lord Borwick (Con): My Lords, I think that the period for monitoring proposed in Amendment 113G—the previous 12 months—is unnecessary. The British Geological Survey found that background methane in aquifers is generally low. It also concluded that the majority of sites it studied showed little change in methane levels. That says to me that we should monitor situations on an individual basis, based purely on risk and not on anything else. Extensive monitoring like that proposed in the amendment is only going to delay safe projects from going ahead. Once we get a green light at an extraction site, we should get on with it.
On Amendment 115A, I do not see a great need for the Government to spend time putting together a report on fugitive emissions. Industry will already monitor emissions from the site; indeed, all the companies involved are committed to doing so. Fugitive emissions occur from leaks and poor-quality construction. In the UK the well design and plans have to be signed off
by the regulators and reported on, so that is unlikely to be a major issue. Civil servants could spend their time far more productively than in producing such a report.
Baroness Jones of Moulsecoomb (GP): I support Labour’s amendments. They attempt to improve the regulatory framework but they do not go far enough. I hope that other amendments will be pushed through. We need a complete rejection of fracking. The things that have been said so far are not borne out by the facts and it would be very interesting to see future examples of just where fracking has gone very badly wrong.