Vol. 737 Tuesday No. 4 15 May 2012

PARLIAMENTARY DEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT

ORDER OF BUSINESS

Questions NHS: Risk Register Police: Misconduct and Corruption Democratic Republic of Congo Israel: Palestinian Hunger Strikers Mental Health (Discrimination) Bill [HL] First Reading Marine Navigation Bill [HL] First Reading Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill [HL] First Reading Extension of Franchise (House of Lords) Bill [HL] First Reading Standing Orders (Public Business) Motion to Agree Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2012 Motion to Refer to Grand Committee Criminal Justice and Police Act 2001 (Amendment) Order 2012 Motion to Refer to Grand Committee Greater London Authority Act 1999 (Amendment) Order 2012 Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012 Motions to Refer to Grand Committee Queen’s Speech Debate (4th Day) Written Statements Written Answers For column numbers see back page

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© Parliamentary Copyright House of Lords 2012, this publication may be reproduced under the terms of the Parliamentary Click-Use Licence, available online through The National Archives website at www.nationalarchives.gov.uk/information-management/our-services/parliamentary-licence-information.htm Enquiries to The National Archives, Kew, Richmond, Surrey, TW9 4DU; email: [email protected] 247 NHS: Risk Register[15 MAY 2012] NHS: Risk Register 248

extremity of risks in any policy, whether it is policy A, House of Lords B or C? At the end of the day, they expect Ministers to look at those risks and take appropriate decisions. Tuesday, 15 May 2012. Against that background, therefore, the strategy that my noble friend is following is understood outside by 2.30 pm the ordinary public. It may not be understood by the lobby groups; nevertheless, it is the public whom we Prayers—read by the Lord Bishop of Wakefield. serve.

NHS: Risk Register Earl Howe: My Lords, I am very grateful to my Question noble friend, and he is right. The risk assessment process, carried out by civil servants and detailed in 2.36 pm these registers, is an integral part of the formulation and development of government policy. It is in the Asked by Lord Hunt of Kings Heath public interest that this process be as effective as possible. We are clear that where policy is sensitive, To ask Her Majesty’s Government when they that necessitates confidentiality. consider the time will be right to publish the NHS risk register. Lord Martin of Springburn: My Lords, I take it that Lord Hunt of Kings Heath: My Lords, I beg leave to the decision that was made was a government decision, ask the Question standing in my name on the Order which was collective. I recall that the Deputy Prime Paper and, in so doing, I declare an interest as chair of Minister, before he became Deputy Prime Minister, an NHS foundation trust and as a consultant and was very keen on transparency. Was he therefore trainer on the NHS and health issues. comfortable about the withholding of this information? If the noble Earl does not know, perhaps he could come back and let the House know. The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): My Lords, the transition risk register will be published when the balance of public Earl Howe: My Lords, the decision to exercise the interest favours disclosure. We will continue to be open veto, which is a decision provided for under the Freedom about risk. Last week we published a document containing of information Act, was made by my right honourable information on all risk areas in the register, along with friend the Secretary of State for Health. However, he a scheme of publication for future review and release would not have been able to exercise the veto without of information on risk. the collective approval of the Cabinet, and that approval was secured. Lord Hunt of Kings Heath: My Lords, I am extremely grateful to the noble Earl for that because he said that Lord Brooke of Alverthorpe: My Lords, last Thursday it would be published when the balance is in favour of I asked the Minister a question that he answered in the public interest. Can I take him back to the judgment part. The part that he did not answer was whether the of the First-tier Tribunal, which concluded that risk transitional risk register drew to the Government’s registers, attention the risk that patients would have to wait “would have provided the public with a far better understanding longer to see their GP. Speaking as someone who uses of the risks to a national institution”, the NHS and as part of the British public, I fear that on which millions depend? Surely the public interest the delays are getting longer and will continue to do and parliamentary scrutiny actually depended on that so. Could he please now answer the question about risk register being published, and it should have been whether or not this was in the risk register? published when the Bill was in this House. Earl Howe: I acknowledge that I did not answer Earl Howe: My Lords, we do not agree with that. that question and apologise to the noble Lord for not We have, as I have mentioned, published a document having done so last week. The whole issue of stakeholder setting out a summary of all the risks in the register support is one that the risk register addresses, as he and the mitigating actions associated with each category, will see from the document that we published. I do not but we resist publishing the risk register itself at present. recall the specific issue of waiting times to see one’s It is essential that officials are able to formulate sensitive GP arising in the risk register for the simple reason advice to Ministers, making frank assessments and that, although I acknowledge that it is currently a using direct language, without the fear of causing problem in some parts of the country, particularly unnecessary embarrassment for the Government or London, that is not a direct result of anything that the damage to their area of policy. That is the essence of Government are doing in our reform programme. the reason. Lord Tebbit: My Lords, would my noble friend Lord Naseby: Is my noble friend aware that there is decline to take lessons in these matters from those who nobody more passionate about the NHS than I am, supported former Prime Minister Blair in not publishing but that a great many people outside want civil servants a full and frank assessment of the intelligence reports and other advisers to Ministers to point out the whole on which he committed this country to a war? 249 NHS: Risk Register[LORDS] Police: Misconduct and Corruption 250

Earl Howe: My noble friend makes an extremely Police: Misconduct and Corruption good point because there are sensitive matters that any Question Government will inevitably wish to keep confidential if good government is to be maintained. 2.45 pm Asked by Lord Maginnis of Drumglass Lord Peston: My Lords, it is trivially obvious that all decision-making— To ask Her Majesty’s Government when it is appropriate for the Home Office to intervene directly Baroness Jolly: My Lords— in matters of police discipline and incidents of police corruption, and whether current delegated arrangements are proving adequate. Baroness Anelay of St Johns: My Lords, there is time, and we have not yet heard from the Liberal Democrat Back Benches. The Minister of State, Home Office (Lord Henley): My Lords, the police are expected to maintain the highest standards of professional behaviour at all Noble Lords: Order! times. Where there are allegations of misconduct or corruption, the most serious cases are investigated by Baroness Anelay of St Johns: I am most grateful to the Independent Police Complaints Commission. As the noble Lord, Lord Peston, for resuming his seat. the name suggests, the IPCC is independent of the Naturally, only one person should be on their feet at Government and the police to ensure that investigations one time. There is time, although we have now wasted are impartial. The Government do not intervene in a little more of it, so perhaps we might hear from the any individual cases. The Government consider that Liberal Democrat Benches and then from the noble these arrangements are adequate. Lord. We have had two questions from the Labour Benches. Lord Maginnis of Drumglass: My Lords, does it not all boil down to the fact that the coalition Government Baroness Jolly: My Lords, risk registers are a tool have no real concept of hands-on responsibility or of to inform policy-making, so is the department currently timely decision-making and believe that by delegation working on a risk register for the implementation of they can wash their hands of responsibility? Are the the social care Bill, including the risks around the Gary McKinnon and widow Hofschroer cases, respectively failure to reform the funding of social care? awaiting justice for 10 years and three years, not examples of a Government who could not care less? Earl Howe: In answer to that characteristically helpful question from my noble friend, the department will Lord Henley: My Lords, the noble Lord makes a put in place thorough programme-management number of points. First, I make it clear that this is not arrangements as it takes forward the draft care and just a matter for the coalition Government; it is a support Bill and plans for its implementation. That matter that goes back to the 2002 Act which brought will include monitoring and assessing risks as they arise, in the IPCC. I think all sides of this House agree that to ensure smooth passage through to implementation. there should be an Independent Police Complaints Commission and that it should be independent. It can be independent of government only if government Lord Peston: My Lords, I repeat what I said last cannot intervene. It would be quite wrong for my right time: it really is about time that the Liberal Democrats honourable friend the Home Secretary to intervene in recognised that they are part of the government side. individual cases. It would surely undermine the IPCC’s Everyone is getting quite fed up with this demand to independence if she tried to second-guess its decisions. be treated separately. The noble Lord went on to mention two cases. Gary Is it not trivially obvious that all decision-making McKinnon has nothing to do with any allegations of involves risks and therefore the Government’s refusal police corruption because his case is purely about to publish this register would cause a reasonable person extradition. The case of the Hofschroer family is, as outside to come to the conclusion, much as the Minister the noble Lord knows, a matter that has gone to the might dislike this, that the Government really are IPCC. It is a matter for it to produce its decision and if trying to hide something that was damaging to them? those involved in that case do not like that decision, they can then take the appropriate action in the courts. Earl Howe: My Lords, I cannot answer for those who see something suspicious in what the Government Baroness Doocey: My Lords, the revelations that are doing. All I can say is that we are absolutely clear senior Metropolitan Police officers accepted inappropriate that the circumstances in this case were exceptional. hospitality have led to the Met setting up a monthly The FOI request from Mr Healey was made at a register that now lists all gifts and hospitality that particularly sensitive time when the need for a safe police officers have accepted. Do the Government space for civil servants and Ministers was especially agree that all police forces should be required to set up high. The Freedom of Information Act was drafted such a register and to publish it monthly? specifically to allow for the ministerial veto. It is not just about the specific content of the risk register; it is Lord Henley: My Lords, I welcome what the Met also about preserving risk registers in general as frank has done. I think it is something that other police internal working tools in the interests of good government. forces should consider doing, but that is a matter for 251 Police: Misconduct and Corruption[15 MAY 2012] Democratic Republic of Congo 252 them to consider. As I said in response to the original Democratic Republic of Congo Question and the first supplementary, I believe that Question complaints should be dealt with in the manner that they are; that is initially by the police and then, in more serious cases, by the IPCC. I do not see a case for 2.51 pm the Home Secretary intervening. Asked by Lord Chidgey To ask Her Majesty’s Government what has Lord Rosser: My Lords, in the light of the Minister’s been their response to reports that state-owned reply to the noble Lord, Lord Maginnis of Drumglass, mining assets in the Democratic Republic of the and knowing that police commissioners will be elected, Congo have been sold over the last two years to when will it be appropriate for an elected police offshore companies for less than one-twentieth of commissioner to intervene directly in matters of police their commercial value. discipline and incidents of police corruption?

The Minister of State, Foreign and Commonwealth Lord Henley: Despite the fact that the noble Lord Office (Lord Howell of Guildford): My Lords, we share was involved in the passage of the Bill, he has not the concerns about the DRC mining sector and the quite understood the role of police and crime mis-selling of state-owned assets. We continue to press commissioners. I think he might go back to the passage the DRC Government to improve governance in this of that Bill and have a look at it. As I have made clear, area. The Secretary of State for International Development the right to complain about what the police are doing raised this with President Kabila when they met in and to make inquiries will remain as it was under the March. The UK is funding the PROMINES programme, 2002 Act, as passed by the previous Government. which aims to strengthen transparency in the mining sector. We also support the international efforts to set Lord Elystan-Morgan: My Lords, I was a junior standards for all extractive industries. Minister in the Home Office more than 40 years ago. In many cases that did not call for draconian statutory Lord Chidgey: My Lords, I thank the Minister for intervention on his part, the Home Secretary used the that reply. Does he share the widespread concern over Inspectorate of Constabulary as a subtle conduit to the legitimacy of transactions that involve companies convey the disapproval of the Home Office and sometimes quoted on the London Stock Exchange and UK Overseas something harsher than that. Does any such institution Territories such as the BVI? The Chancellor has turned operate currently? his attention to these with regard to stemming personal tax avoidance but does not appear to have looked yet Lord Henley: My Lords, my right honourable friend at corporate tax avoidance. Will the Government support can make use of Her Majesty’s Inspectorate of the call by the DRC opposition parties for a full Constabulary; that is still there. However, the important inquiry into the extent of what appears to be very point, which the noble Lord ought to remember from widespread corruption in this field? his time, although things have become more independent since, is that people can make complaints to the police but, if they want to ratchet them up thereafter, such Lord Howell of Guildford: We share the concern complaints should be made to an independent authority. about corruption and the need for major companies That is why, in 2002, legislation was changed under to observe the highest possible standards in their the previous Government to bring in the Independent performance. The instruments through which this should Police Complaints Commission. It must remain be done are the EU transparency directive and the independent. If my right honourable friend can second- work of the Extractive Industries Transparency Initiative, guess what the IPCC does, it will very quickly cease to which is excellently chaired by Clare Short and is be independent. currently planning to set up a strategic working group to look at extending EITI standards to require a much closer look at issues of the kind that my noble friend Lord West of Spithead: My Lords, police corruption has raised. is loathsome and must be rooted out. In many years of going around the world, I have come across many police forces and seen some pretty appalling things. To Lord Alton of Liverpool: My Lords, does the Minister get the balance right, does the Minister not agree that agree that the extraordinarily rich deposits of minerals in this country we are generally very fortunate in the that are held in the DRC should be a blessing but have standard of our police forces? become a curse as marauding bands and the DRC’s neighbours have plundered those resources, leading to conflicts that have taken the lives of between 5 million Lord Henley: My Lords, we take any allegations of and 6 million people, many of them children? Does he unlawful or inappropriate behaviour or corruption know that at present it is estimated that 40% of those very seriously, as we ought to. However, the noble working in the DRC’s mining industry are children? Lord is quite right to emphasise the very good story When the DRC review of mining practices takes place that we have to tell about our police in this country. this year, will he use the extensive leverage that the That is why I was very pleased that, as the noble Lord Government have through their aid programme to made his intervention, he seemed to receive support ensure that at least children are removed from the from all sides of the House. mines and protected in the future? 253 Democratic Republic of Congo[LORDS] Israel: Palestinian Hunger Strikers 254

Lord Howell of Guildford: The noble Lord is on to of the EITI now. We recognise the need also for candidates an excellent cause and a very good concern. Our view to be required to move to higher standards in order to is that the PROMINES programme, which now will be become full members. launched in October and for which we have high hopes, will raise the standards and control better all The Lord Bishop of Wakefield: My Lords, related to activities of mining, including artisanal mining of the the questions we have just heard, how are DfID’s sort which employs children. That programme includes funds allocated to government programmes in the explicit activities to address the issues of child labour, Democratic Republic of Congo being used to ensure including supporting initiatives to enable the artisanal that the DRC Government tackle corruption and non- mining subsector to comply with supply chain diligence transparency in the mining sector? Is the Minister’s standards which are increasingly being applied—for previous answer related to that or are there other instance, in connection with the OECD due diligence questions to be asked about transparency and corruption? guidance. We see the PROMINES programme as the avenue through which to increase the pressures and to overcome the appalling deprivations and dangers which Lord Howell of Guildford: There is a lot more to be are evident particularly for children in this sector. said because this is a major subject. DfID programmes are in operation. They are under review and therefore I cannot give a precise up-to-date answer on the size Lord Triesman: My Lords, I accept of course that and specific focus of programmes. Generally, the aims there are a number of transparency conventions in behind the DfID programmes are to decrease corruption Europe and on a world basis, some of which have been and to improve the social and educational conditions, useful in dealing with topics such as the illicit mining and, thereby, conditions in the mining sector generally. of diamonds in the past. Given the difficulties that have just been described, particularly in relation to Lord Davies of Coity: Can the Minister tell the children and the lack of transparency in supply chains, House the extent to which the Government believe would there not be a good case for company reports in that British companies are involved in the offshore the United Kingdom to be candid and be required to companies that are involved in this expertise? say how transparency issues have been dealt with so that the legitimacy of their operations would be clear to everyone? Lord Howell of Guildford: We know that British companies are involved in the DRC and we know that certain deals have been made—some of them reportedly Lord Howell of Guildford: Yes, that is exactly the far below market prices. We support the EU transparency kind of proposal that Clare Short, as chair of the directive, and I urge all companies listed on the FTSE EITI, is examining in her strategic working group. Of 100 to observe the highest possible standards and course, not every company and certainly not every disclose their activities in the way we would expect of country has signed up to the EITI. Those that have are responsible companies. That continues to be the position. required to make certain reports, although those reports do not cover all the issues we are discussing now. Her idea, and that of the EITI, is to see whether the Israel: Palestinian Hunger Strikers requirements for standards for signatories to the EITI Question can be increased and, obviously, for other countries—and the DRC being a candidate country—to sign up to the 3pm whole initiative. Asked by Baroness Tonge Lord Avebury: My Lords, as I understood the Minister’s To ask Her Majesty’s Government what reply to my noble friend’s supplementary question, the representations they have made to the government rules of the EITI do not at present require candidate of Israel concerning the hunger strike taking place countries or full members to disclose accounts of the among Palestinian prisoners in Israel. sales of mining assets. Will my noble friend press not only for sales to be disclosed but for countries that are The Minister of State, Foreign and Commonwealth candidates or full members to publish due diligence Office (Lord Howell of Guildford): My Lords, the reports identifying the purchasers and verifying that Government have followed closely the mass hunger they are fit and proper persons to comply with the strike by Palestinian prisoners. In the past week we EITI rules, and ensure that the rules are amended for have raised our long-standing concerns over Israel’s that purpose? extensive use of administrative detention and the treatment of Palestinian prisoners with the Israeli Vice-Prime Lord Howell of Guildford: Irepeatthatthisisexactly Minister, the Israeli Foreign Minister and the Israeli what the EITI initiative proposes. Incidentally, this national security adviser. We welcome the Egyptian- body was set up in 2002 by the previous Government. brokered agreement, which has brought an end to the It has been a considerable influence and success, although hunger strike. it has a long way to go in certain areas. These are just the sort of proposals for an extended authority of the Baroness Tonge: I thank the Minister for that reply EITI that will be considered by the strategic working and the Government for their efforts on the prisoners’ group. That aim should certainly be supported by the behalf, but this is Nakba Day—the “day of catastrophe” Government and all Governments who are full members for the Palestinians, when the state of Israel was 255 Israel: Palestinian Hunger Strikers[15 MAY 2012] Marine Navigation Bill [HL] 256 created—and I think that we should congratulate most Lord King of Bridgwater: My Lords, is my noble of all those Palestinians who have reminded us of the friend advised whether it is the Government’s view power of peaceful resistance. The Minister will remember, that the new coalition in Israel, which includes the however, that Israel reneged on its promise to ease the Kadima Party, makes less likely the risk of a lunatic inhumane regime in its prisons after the release of attack on Iran? Gilad Shalit. In fact, conditions got worse. Will the Minister therefore ensure that the seriously ill hunger Lord Howell of Guildford: The Government’s view strikers are given proper medical treatment immediately is that we are watching closely to see whether there are outside prison, and will he try to press for the new going to be any changes. It is the comment of an prison regime, which is still keeping administrative analyst rather than an outside Government that the detention, to be monitored by an independent body change in the party structure inside Israel obviously such as Physicians for Human Rights-Israel? appears to reduce the powers of some wings of its political spectrum and to increase the influence of Lord Howell of Guildford: As my noble friend knows others, but so far, although we are watching carefully, very well from her expertise, these are very early days. there is not much sign of change. However, we will We have only just heard about the deal being reached. continue looking at the matter very closely indeed. Although it is true that it does not cover the ending of administrative detention for all but only for a limited Lord McAvoy: The Government are to be commended number, it seems—together with the new arrangements for the moves that they have made this week in helping for family visits from Gaza and the ending in most to bring about a resolution of the current dispute. cases of solitary confinement—a very constructive Does the Minister agree with me that it is comparatively move. We will be watching closely, as no doubt will the easy to imprison a few thousand people but that it entire international community—and certainly the is not easy to imprison a whole nation or a whole Palestinian authorities—to see that the deal goes forward. people? Does he agree that if the Israeli Government I shall look into the particular points that my noble decided to stop building more illegal settlements, the friend raised. It is early days, and we do not quite Palestinians would come to the table? know exactly how the arrangements that have been announced will affect the kind of categories that she Lord Howell of Guildford: I do not know enough described. about precise cause and effect but I certainly agree with the noble Lord that the settlements issue is a Lord Hylton: My Lords, will the Government really sore point—a really poisonous one, if you like. congratulate the Government of Israel on their apparent We regard the extension of the settlements as illegal intention to improve prison conditions? At the same and settlement activities that press into Palestine as time, will they urge the Israelis to end administrative unhelpful and illegal. I agree with the noble Lord that detention, especially as far as it concerns democratically if that were to stop, it would certainly open some of elected representatives? the doors to a negotiation. Lord Palmer of Childs Hill: My Lords, the history Lord Howell of Guildford: Congratulations are certainly of the Middle East— due to all parties concerned, and indeed to the Egyptian authorities that brokered the deal. As long as it can The Chancellor of the Duchy of Lancaster (Lord hold—and those who have all the details will know Strathclyde): My Lords, we have gone beyond 30 minutes. exactly what is implied—it sounds good news, and congratulation is in place. As to extending the proposal to the ending of all detention, that may be a phase that Mental Health (Discrimination) Bill [HL] we could see in future. It is the sort of thing that we First Reading will certainly continue to raise, but first let us see the details of this new deal and hope that this is a foundation 3.07 pm and open path for better things, including possibly even the reopening of negotiations. A Bill to make provision for discrimination against people on the grounds of their mental health. Lord Turnberg: My Lords, will the Government encourage the Palestinians to come back to the negotiating The Bill was introduced by Lord Stevenson of Coddenham, table in view of the recent offer by Mr Netanyahu? read a first time and ordered to be printed.

Lord Howell of Guildford: That would be very good. Marine Navigation Bill [HL] The noble Lord is right—Mr Netanyahu wrote to First Reading Mr Mahmoud Abbas, and there is an exchange. Let us hope that the deal that we are talking about and other 3.07 pm developments—as well as developments in the internal pattern of Israeli politics, which are not for me to A Bill to make provision for marine navigation. comment on but are very interesting—together begin to provide the basis for a return to the negotiating The Bill was introduced by Lord Berkeley, read a first table for both sides. time and ordered to be printed. 257 Human Trafficking and Exploitation[LORDS] Queen’s Speech (Fourth Day) 258

Human Trafficking and Exploitation Criminal Justice and Police Act 2001 (Further Provisions and Support for (Amendment) Order 2012 Victims) Bill [HL] Motion to Refer to Grand Committee First Reading 3.09 pm 3.07 pm Moved by Lord McNally That the draft order be referred to a Grand A Bill to make provision for human trafficking offences Committee. and exploitation, measures to prevent and combat human trafficking and provision of support for victims. Motion agreed.

The Bill was introduced by Lord McColl of Dulwich, read a first time and ordered to be printed. Greater London Authority Act 1999 (Amendment) Order 2012

Extension of Franchise (House of Lords) Health and Social Care Act 2008 Bill [HL] (Regulated Activities) (Amendment) First Reading Regulations 2012 Motions to Refer to Grand Committee 3.08 pm 3.09 pm A Bill to make provision for Members of the House of Moved by Earl Howe Lords to vote at elections to the House of Commons. That the draft order and regulations be referred The Bill was introduced by Baroness Gould of Potternewton to a Grand Committee. on behalf of Lord Dubs, read a first time and ordered to be printed. Motions agreed.

Arrangement of Business Standing Orders (Public Business) Announcement Motion to Agree 3.09 pm 3.08 pm Baroness Anelay of St Johns: My Lords, it may be Moved by Lord Strathclyde of help to the House if I give an indication of an advisory speaking time today. If all Back-Bench That the standing orders relating to public business contributions were kept to seven minutes, the House be amended as follows: should be able to rise at about 11.30 pm tonight.

Standing Order 64 (Sessional Committees) Queen’s Speech Leave out “Merits of Statutory Instruments Debate (4th Day) Committee”and insert “Secondary Legislation Scrutiny Committee”. 3.10 pm Moved on Wednesday 9 May by Lord Cope of Berkeley Motion agreed. That an humble Address be presented to Her Majesty as follows: Automatic Enrolment (Earnings Trigger “Most Gracious Sovereign—We, Your Majesty’s and Qualifying Earnings Band) Order most dutiful and loyal subjects, the Lords Spiritual 2012 and Temporal in Parliament assembled, beg leave Motion to Refer to Grand Committee to thank YourMajesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament”. 3.08 pm Moved by Lord Freud The Minister of State, Ministry of Justice (Lord McNally): My Lords, it is my honour to open this, the That the draft order be referred to a Grand fourth day of the debate on the gracious Speech. At Committee. the outset, I express my sadness that I shall not be faced across the Dispatch Box in future debates on Motion agreed. Ministry of Justice business by the noble Lord, 259 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 260

Lord Bach. I was very much helped by his advice when complaints about allegedly defamatory material to be I took over from him at the ministry two years ago and resolved directly with the author, and giving greater we have had a very constructive relationship in the two protection to website operators and other secondary years since. However, that sadness is tinged with pleasure publishers who act appropriately. that my new oppo will be the noble Lord, Lord The Bill has had the benefit of extremely detailed Beecham. I think that we had already fully bonded and helpful scrutiny in draft by a Joint Committee of during the passage of the LASPO Bill, but I very both Houses. I pay tribute to my noble friend Lord much look forward to working with him in the time Mawhinney for the valuable report that his committee ahead. produced and to all those who responded to our I am fully aware, and the House will understand, public consultation. That has helped us to bring forward that noble Lords will not try to cover the waterfront in proposals which, I believe, provide reform where it is their contributions today but will prefer to concentrate needed most and where legislation can make a real on their areas of particular interest and expertise. difference. That is fully understood and will greatly benefit the Also within my personal area of responsibility is quality of the debate as a whole. the Trusts (Capital and Income) Bill. The Bill is being The gracious Speech makes it very clear that the reintroduced into this House under the procedure for Government’s number one priority is to repair the uncontroversial Law Commission Bills. It will simplify nation’s finances and to set the economy on the road and modernise the law of trusts in England and to sustainable recovery. Financial stability and economic Wales by abolishing antiquated rules and removing recovery are not ends in themselves. That is why our administrative burdens for charity trustees in particular. debate today offers noble Lords the opportunity to In short, it will help to keep trust law up to date for the voice their views on the kind of society that we want. benefit of the numerous people who are affected by The gracious Speech announces a number of measures trusts. I hope that this will be seen as a sign that the on care and support, on children and families, and on Government appreciate the work of the Law Commission pensions which will shape how we make use of economic in updating our laws and are willing to use the fast-track recovery in a fair way. In parallel with those issues, we procedures introduced by the previous Government to will also cover matters which come more directly progress more useful Law Commission work through within the ministerial responsibilities of my noble Parliament. friend Lord Henley at the Home Office and of myself Beyond those two specific Ministry of Justice measures, at the Ministry of Justice. our debate today covers three main areas: helping vulnerable children by removing the barriers to them I am particularly proud that the Defamation Bill, getting support; continuing with structural reform of which started life in this House as a Private Member’s our state pension system to ensure that people can rely Bill initiated by my noble friend Lord Lester, is part of on it while taxpayers can afford it; and protecting the the gracious Speech. When it receives Royal Assent, it public through reforms to security and justice, without will join a cluster of significant reform measures on sacrificing our freedoms. the statute book that bear his imprint. The Government, of course, committed in the coalition agreement to First, we are bringing forward a children and families review our libel laws in order to protect free speech. I Bill that will help all parents and remove some of the do not think that we are alone in thinking that the law barriers that prevent those who are more vulnerable in this area is not currently in the right place. When fulfilling their potential. Under our plans, parents will NGOs and reputable scientists can live in fear of being be able to take more flexible leave. Mothers will be sued or when wealthy foreign citizens use British courts able to return to work earlier and transfer their maternity to silence campaigning newspapers, something is not leave to help both parents share the burden of childcare. quite right. A rebalancing is needed so that, on the one The Bill will also deliver a step change in help for our hand, freedom of speech and legitimate debate cannot most vulnerable children. We want to reform the be held to ransom while, on the other hand, people are assessment of and provision for children and young able to protect their reputation against unfounded people with special educational needs and those who slurs. are disabled. Any family whose child has special educational needs knows what a struggle it is to get I hope that the Bill’s measures go a long way adequate support. We want to give more choice and towards striking this balance, building on the fine control to parents of children and young people with work of my noble friend Lord Lester. They include the learning difficulties. creation of new statutory defences of truth, honest opinion and responsible publication on matters of We also want to introduce significant reform of the public interest, and the extension of the circumstances adoption system to reduce endemic delay. It is right in which the defence of privilege is available, including that more children are placed in stable, loving homes to peer-reviewed material in scientific and academic with less disruption to their lives and we are going to journals. The potential for trivial claims will be reduced tear down the bureaucracy and red tape that gets in by the introduction of a requirement that a statement the way. must cause serious harm to be defamatory. The Bill As well as providing more support for children and will introduce a single publication rule, which will more support for parents, we also want to do more to provide protection against repeated claims against the ensure that ordinary people can look forward to security same publisher in relation to substantially the same in old age. We have already taken significant steps material. It will also seek to ensure that we have an towards that by increasing the basic state pension by appropriate libel regime for the internet, by enabling £5.30, the biggest cash increase ever, and restoring the 261 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 262

[LORD MCNALLY] reforming people, these measures seek to make community link with earnings. However, we need to do more to sentences more effective and more respected by offenders, give those currently in work greater certainty about victims and the public. what level of income the state will provide in retirement, The Bill also looks at modernising our courts system. remove some of the complexity and disincentives that Proposals include establishing a single county court to discourage saving and ensure that the system remains speed up civil claims, and a single Family Court to end affordable. the unacceptable delays in family justice that were We intend to bring forward measures during this identified in David Norgrove’s review. It also opens up Session that will entail a fundamental reform of state the system in a different sense. I believe that the UK pensions. The single-tier pension will simplify the current has the finest judiciary in the world—one of unrivalled complex and outdated pension system and will provide quality, integrity and wisdom. However, no one can much clearer incentives for people to make provision rest easy when the demographic make-up of our leading for their own retirement. Reforms to the state pension judges, despite progress in recent years, remains far age will ensure that state provision keeps pace with removed from that of modern Britain. The Bill brings fast-increasing life expectancy. These changes will mean forward proposals to increase the number of our that the state pension system remains sustainable for judges, especially senior ones, who are women or of current and future generations. ethnic-minority origin, without sacrificing the key principle of selection on grounds of merit. For example, we will Just as we will be doing more to help vulnerable introduce measures to facilitate part-time working in children, we will be bringing forward a draft care and the High Court, Court of Appeal and Supreme Court, support Bill to provide better support to vulnerable and to allow positive action to promote diversity adults. It will modernise care and support law to where two candidates are of equal merit. ensure services are focused on people’s needs; put people in control of their care; and consolidate existing Finally the Bill extends the principle of transparency law by replacing provisions in more than a dozen Acts by removing the legal barrier to the broadcasting of with one single statute. The draft Bill will be subject to court proceedings. Initially we will allow the broadcast pre-legislative scrutiny. I am well aware that the House of advocates’ arguments and judgments in the Court is not short of experts in the area of social reform, and of Appeal. It is small step, but one that I hope will I look forward to their contributions during the debate. help demystify our courts somewhat and make the principle of open justice more meaningful. The measures outlined in the gracious Speech are As with our social reforms, I believe that the Crime flagship reforms that will enhance the quality of life and Courts Bill has the potential to be a great reforming of our people. However, quality of life is best assured measure. I look forward to guiding it through the within a framework of public safety, security and House in harness with my noble friend Lord Henley. freedom. It is these matters in the gracious Speech to We start the journey on 28 May with Second Reading. which I turn. The Crime and Courts Bill will protect the public and modernise the justice system. It will do Finally, I turn to two measures in the gracious this partly by improving the way in which it is organised, Speech that have already been the subject of controversy: and partly by opening up a closed world. I refer to the proposals for closed material proceedings in the justice and security Bill and the proposals for I turn first to protection. England and Wales have updating the law on communications data under the 43 police forces, which usually do a superb job. However, draft communications data Bill. I expect these proposals a great deal of serious and organised crime occurs on to undergo scrutiny in both Houses, and not least in a scale, and using methods, that puts it beyond the this House, where so much direct experience in these reach of individual forces. It could be cyber-enabled matters resides. fraud or child exploitation, gangs organising the drugs I am well aware that if economic recovery is the trade, human trafficking or economic crimes. The Government’s number one priority, defence of the Government propose to establish the National Crime realm remains, as it always is, the first responsibility of Agency to tackle these threats better. This is a step Government. In times past that has most often meant change in our response that will target serious organised making sure our Armed Forces were equipped to and complex criminality, and strengthen policing at undertake military tasks against a defined enemy. In the borders. A modern, state of the art agency, operating the 21st century, threats come in many different forms independently but accountable to the Home Secretary and from many different sources. It is essential that the and through her to Parliament, is the next step in various arms of the state have the powers and ability structural reform, and the national corollary of the to meet such threats. It is equally necessary for our enhanced local focus that police and crime commissioners justice system to be able to administer justice in a way will provide. which is fair for all. The Bill also adds to reforms to the criminal justice To achieve that, we need informed and balanced system that the Government began in our first two debate. That is my hope and the Government’s intention. years. Community sentences are an important part of However, if the approach to these proposals is in our penal system, but the current framework does not similar vein to the editorial in Saturday’s Guardian, command public confidence. In the Bill we will legislate which talked of, to ensure that community sentences punish more “secret justice and a licence for electronic snooping”, effectively and rehabilitate more fully. Consultation is now under way on a new top-end community sentence. which could “slowly strangle private life” and change, Just as we have tried to make prisons more effective at “the very nature of the courtroom”, 263 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 264 then the kind of forensic examination of these proposals scrutiny. As well as a Joint Committee to consider the which I hope and expect Parliament to conduct will be draft Bill, the Home Secretary has invited the Intelligence lost in a tsunami of overhyped hysteria. and Security Committee to scrutinise the provisions Given their responsibilities, the Government are that relate to the work of the intelligence and security entitled to have their case heard; for it is a recurring agencies. This is precisely because we want a wide and challenge for Government and Parliament to provide full debate, and we look forward to receiving the the protection that the citizen needs and expects without committees’ reports. putting at risk the very liberties which make us a Today’s debate covers many serious matters, and I liberal democracy. It is an ongoing dilemma and it is do not envy the task of my noble friend Lord Henley right that whenever the Executive have proposals in in crafting his reply. I have never hidden my opinion these areas, they should be exposed to the most thorough about the need for this House to reform itself, but parliamentary scrutiny. neither have I hidden my respect for its collective The Government’s case is that, far from preventing wisdom and experience. Both today and in the months the courts and judiciary seeing the evidence, the justice ahead we will be discussing matters on which the and security Bill seeks to enhance scrutiny of actions collective wisdom and experience of this House will be undertaken on behalf of the Government. At the called on to the full, and I look forward with genuine moment, where an individual brings a civil claim, interest to the contributions of all who are to take part sometimes making serious allegations about the activities in the debate. of the British state and its agencies, the intelligence services have no way of presenting their evidence in 3.30 pm court without putting their methods and agents in danger. The consequence is that the Government fold Baroness Hughes of Stretford: My Lords, it is a their case, cases go unheard, rulings are not made and privilege to follow the noble Lord, Lord McNally, and justice is not done. It is hardly an ideal situation for to open this debate on behalf of my colleagues on those who want to see respect for the rule of law. these Benches. We face a significant challenge in this What we propose means that many safeguards will debate on the gracious Speech, which will cover in a apply. In particular, a judge will always take the final single day all the issues that really matter to ordinary decision over whether closed material proceedings are people in this country: education, children and families, needed and whether individual pieces of evidence may crime and policing, law and order, health and social be heard in closed court. The interests of the individual care, welfare and so on. Indeed, I think the public will be represented by a special advocate, and the press could be forgiven for questioning why so many of the will be able to report freely on the open part of the issues of domestic importance have been crammed proceedings and any allegations made by claimants. together into just one of the five days of debate on the At the same time, we will strengthen the independent Queen’s Speech, with so many noble Lords understandably and parliamentary bodies responsible for overseeing wishing to speak, when we have had four days on the security and intelligence agencies, to make them constitutional reform. more effective and more credible. The challenge to cover so much ground would be daunting were it not for the fact that the legislation We will extend the powers of the Intelligence proposed in the Queen’s Speech, as we have just heard, and Security Committee, as well as broaden the remit has so little to say about the big issues facing the of the Intelligence Services Commissioner and the country and the desperate circumstances of many Interception of Communications Commissioner. The families. At a time when the Government’s economic Government hope that when Parliament comes to policy is pushing the country back into recession and consider this Bill, it will weigh the evidence and find when two years on, growth has yet to appear, the that these proposals are carefully crafted to address a Government have offered in the gracious Speech little challenging problem for any democratic Government hope to small businesses, families and elderly people, with proportionality and good sense. or to our future generations of children and young Let me turn to the communications data Bill. This people. Where is the British business bank or high measure too has been subject to much misleading speed rail? Why is there only a draft Bill on social care comment. It is not about looking at what people’s when reform is so urgently needed? Where are the e-mails say or listening in to phone calls or creating measures for growth to ease the pressures on families some kind of Big Brother database. At the moment, and businesses? records are kept by phone companies about the calls The Government would have us believe that they that their customers make. This information has been have put children and families centre stage in this used by the police and intelligence agencies for years, legislative programme, but we now understand that as a vital resource to identify where a suspect has been the children and families Bill will not be completed and when. To be clear: this is not about the content of before the end of this Parliament. Is that the case, and the call, just the fact that it has been made. if so, can the Minister tell us why the Bill has to be What the Bill proposes is that the same data are carried over and what that says about the Government’s available in the future as in the past. It is not about real priorities? Welcome as the limited measures in enhancing the power of the state or changing the this Bill are—I shall comment on them specifically in a balance of freedom. It is an adjustment to stay roughly moment—they fall woefully short of addressing the where we are. However, we have heard the concerns serious consequences for many families of the current that have been raised and want to get this right. That is global economic climate and the deliberate policies of why we are publishing this Bill in draft for pre-legislative this Conservative-led, Liberal Democrat-supported 265 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 266

[BARONESS HUGHES OF STRETFORD] Of course, the mantra from the Government is that Government. We will scrutinise closely the measures there is no alternative—that they are dealing with the in the children and families Bill when it comes before economic mess left by the Labour Government. That your Lordships’ House. In principle, we welcome the contention is as untrue as it is politically bankrupt. individual measures to improve adoption and services They know that the economic crisis was caused by the for disabled children and those with special educational banks and, as we see today, it is all too obviously needs. We support an enhanced role for the Children’s global. They know they have choices about how quickly Commissioner for England and increased flexibility they cut the deficit and the priorities—and the people— for parents sharing parental leave. These proposals all that they protect along the way. build on progress made by the Labour Government. It is no great surprise to see the repeat of some The devil, as ever, will be in the detail. The Prime Thatcher policies by this Conservative leadership, but Minister seems to be fixated on adoption when he the public expected the Liberal Democrats to stand up should really be concerned about permanence for for ordinary families, the disadvantaged and public children in care. Adoption is not the only or even the services. I remember well how many times they pressed best solution for many children. Above all, adoption us when we were in government not to spend less but must be about finding suitable parents for children, to spend more, to go further and faster in repairing the not about finding children for would-be adopters. damage to families and communities after 18 years of That is one reason that while the number of adoptions Conservative government. It is very sad indeed now to has fallen over recent years, the number of residence witness the Liberal Democrats not only reneging on and special guardianship orders has increased, especially their own promises but colluding with the worst instincts through kinship care by family or close friends. Yet of their Conservative partners: cutting the 50p tax rate faced with huge budget cuts, local authorities are not for the wealthy at the same time as imposing benefit able to offer the financial support that grandparents caps that will mean poor families being shipped out of and other family members need in order to be able to their communities, miles away to places where they offer a permanent home to children in their families. know no one and have no support, with children and We want to see the Government focus also on kinship young people prised out of their schools and away care and ensure that family members who take in a from friends and family. child are properly supported. The cumulative effect on families of the Government’s We also support measures to improve the assessment actions has been devastating. Rising employment among and provision for disabled children and children with women has been one of the keys to rising living special educational needs, but we will want to see the standards for many families over the past five decades— Government’s plans and resources for training the not any more. In two years, this Government have teachers and other specialist professionals that will be reversed that trend and women’s unemployment is needed. We on this side will await with interest the now the highest for 25 years. Cuts in childcare benefit, proposals to strengthen further the role of the Children’s child support, tax credits, services in Sure Start children’s Commissioner, but she must continue to be able to centres and other key public services are taking a safeguard children’s rights and be an independent terrible toll on family life. champion for children and young people. The Liberal Democrats claim that quietly, behind It was the Labour Government who introduced big the scenes, they smooth the jagged edges of Conservative improvements to maternity leave, as well as paternity policies. But so many times the public have been leave and the right to request flexible working—against marched up to the top of the hill by the Liberal strong opposition at the time, I seem to remember, Democrats—on education, welfare reform and, most from the Conservatives. We completely get the social famously, health—only to be marched right back down and economic arguments in favour of parental leave again with no real change. Only recently, on the topic and flexibility so of course we will support the next of careers advice for young people—which is of great steps in extending such policies, but we want these to importance to me and is surely of critical importance be real opportunities for fathers as well as mothers. It with so many young people chasing jobs—so assured is no use fathers having the right to request flexibility were the Liberal Democrats by the Minister that the if the culture in an organisation deters men from even department’s guidance to schools would deal with asking or is likely to refuse if they do. their concerns that they would not join other noble Lords in supporting their own, very sensible amendment However, are not the Government’s proposals on when it was pressed. That guidance has just been shared parental leave, welcome though they are, completely published, with no requirement placed on schools to at odds with their sustained attack on women’s employ qualified advisers or to provide any face-to-face employment, help with low pay and childcare and the advice to young people. early years provision that many families need to keep their heads above water? How do the Government’s It is the impact on young people of this Government’s limited measures square up against the scale of the policies that concerns me most of all. By common crisis facing so many families? It is not surprising that consent, youth unemployment is at crisis levels, with the public have concluded that the Government are more than a million young people now out of work, completely out of touch with the lives of ordinary with long-term youth unemployment two and a half people. At a time when families are facing dwindling times greater than only a year ago, with only 7% of incomes and rising prices, growing unemployment and 16 to 18 year-olds getting one of the much heralded cuts to vital public services, this Bill does nothing to apprenticeships last year, and with the educational address those real and urgent issues. maintenance allowance scrapped and tuition fees trebled. 267 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 268

Young people are now stuck between a rock and a that he wanted to enable the prison population to hard place. There are fewer jobs than at any time in the stabilise and decrease. I could not agree with that past 20 years, while the cost of staying in education sentiment more. has soared and financial support for those most in One aspect of that, which we debated during our need has been abolished. At the same time, support debates on the Legal Aid, Sentencing and Punishment services and youth services have been disproportionately of Offenders Bill and which brought it into stark hit by local authority cuts to clubs, activities, youth relief, is the issue of indeterminate prisoners: people programmes, libraries and leisure centres. not knowing when they are likely to get out. There are I truly believe that we are risking a lost generation 6,017 of them at the moment—a considerable number— of young people, repeating the legacy of the 1980s and and a lot are already over tariff. If, at £37,000 per year, 1990s, with all the same long-term consequences for you have people who need not be there, you now have young people, their families and communities, and the added burden that some are suing for compensation indeed for the whole of society. That would be a because of the delay in their release. The country is tragedy, and it is a tragedy that we on these Benches having to find £300 for over six months and £1,200 for will do all we can to avert. I know that there are those over two years, and there is likely to be an increase of on the Liberal Democrat Back Benches who care as 30% in such claims during the coming year. That can deeply as anyone about what is happening. I hope that hardly be a sensible cost. It must inhibit the ability of some of them will be able during this Parliament to the Prison Service to do what the Government say make common cause with others across your Lordships’ they are committed to doing—preventing re-crime. House to act in the interests of young people. On The second issue was introduced in the recent Act: the evidence of this Queen’s Speech, however, this the victim levy of 40% imposed under the Prisoners’ Government, far from taking the bold action necessary Earnings Act. Interestingly, today the Chief Inspector to protect children, young people and families, are of Prisons has published his report on the inspection doing nothing that is relevant to the needs of the of HMP Standford Hill, a resettlement prison in Kent nation and the demands of the time. where sending people out to work is an absolutely key part of the resettlement process. He said: 3.42 pm “The levies deducted under the Prisoners’ Earnings Act”— Lord Ramsbotham: My Lords, as the Minister forecast, 40% of the prison wage, deducted as pay back to victims with the time available, I shall concentrate on only one of crime— issue. It will not surprise your Lordships to learn that “had begun to mean … that prisoners could no longer afford to that issue is imprisonment. meet the travel costs of getting to work, which meant they lost the I entirely accept that the Government’s No.1 priority work and the resettlement opportunities”. in this whole legislative package is costs. In that regard, That ought to be thought through carefully. The I am very concerned about the costs of imprisonment. imposition is affecting the ability of the prisons to do If you have, as was the position last week, 87,212 people what the Government want. in prison, at a cost of £37,573 per prison place, the I also refer to the recent reports on two prisons in total cost is well in excess of £3 billion. I suggest that a the prison newspaper, Inside Time, this month: HMYOI great deal of that is wholly unnecessary because those Brinsford, where young offenders are held, and HMP people need not be there. Durham. In each, the reports said that one area of I note that the gracious Speech mentioned that the concern is the lack of time out of cell. In Brinsford, Government’s legislative programme would focus on one-third of the young men are locked in their cells economic growth, justice and constitutional reform, during the core day and in Durham prisoners spend which is entirely understandable. It also stated that, 16 to 20 hours a day locked up two to a cell designed “my Government is committed to reducing and preventing crime”. for one. I mention that because if they are locked in I was very glad that, although for the first time in the cell doing nothing, nothing is being done to resettle many years a separate criminal justice Bill is not them. forecast, there is a criminal justice system element in However, with regard to what is possible in resettlement, the Bill that the Minister mentioned. I look forward to a report just published by the Prisoners’ Education taking part in that. Trust, which surveyed 500 prisoners from 81% of the In considering the costs of imprisonment and its prisons in the system, said that, when applying for a impact on the prevention of crime, or the prevention course in the education department, you are put on a of re-crime which is the role of the Prison Service, I waiting list but not told that you are on one, how long shall draw attention to five limiting factors which should the list is or where you are on it. One man said that he be considered carefully if they are not to inhibit the had been on the list for two and a half years to do a Government’s ability to deliver what they want. health and safety course. I am sure that that is not true First, I refer to an interview given by Sir David everywhere but it is a cautionary tale. If education is a Latham, the recently retired and excellent chairman of vital part of resettlement and preventing re-crime, the Parole Board, which was reported in the Times on surely it is important that this aspect is looked at. Monday. He said that the Secretary of State for Justice Finally, I mention the issue of women, which has been believes strongly that the country cannot afford to raised many times in this report. Women in Prison has keep on jailing more and more people, that he has a recently reported that of the 43 recommendations in desire to stop people being put in prison as much he the admirable report of the noble Baroness, Lady possibly can, and that he has been frustrated in not Corston, seven have been implemented, there has been being able to persuade the Cabinet to do the things some progress on 18 and no progress on another 18. 269 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 270

[LORD RAMSBOTHAM] improvement in the quality of teaching and the importance I do not want to be a Jonah about this because I of the student experience—all very good things. I believe passionately in the rehabilitation revolution remain uneasy about one fundamental point which and that it is perfectly possible for prisons to do more I detect in the changes. That is a view of higher to help the Government achieve their aim of reducing education in many ways alien to the tradition of, for and preventing crime. However, they must be enabled example, Humboldt, Newman, Robbins or Dearing. to do so and that means that, before legislation is Put simply, it is an instrumentalist view. Universities introduced, the impact assessment of what is proposed are there to serve the economy. Students are to go to is carefully looked through. In this case and in this university to help them get jobs. Those are important Session, that should include careful post-legislative matters, but that is a disappointingly narrow approach scrutiny of what has been introduced to see that it is fit to what education is about at its most transformational. for purpose to do the job for which it was designed. There is nothing about the excitement of learning, nothing about feeding the human spirit, nothing about 3.49 pm a community of learning at the heart of society, nothing The Lord Bishop of Oxford: My Lords, there are about the university as a place where society can two aspects of the gracious Speech that I would like to reflect on its values and goals. comment on with regard to education. One is the The Diocese of Oxford has seven universities within proposal to improve provision for children with special it, somewhat surprisingly. I can name six of them but educational needs. I am very pleased to have heard the I always forget the seventh. I look to them not only to announcement today on that subject. There is great serve the economy—they must do that—but to help need for reform in that area. As the Green Paper so the country to think, to reflect and to be self-critical eloquently demonstrated, it is a cumbersome system in the right sense. In the Times Higher on 1 March, and does not deliver the individualised support that David Willetts said that the higher education White young people need and that schools and colleges want Paper initially had a chapter on the value of the to give. university and its wider purpose, but it got cut out. A Wonderful work goes on, of course. I was in a sight of this lost gospel would be most helpful. church school in my diocese the other week where they There are massive changes going on in higher teach and look after a child with, I am told, the most education, yet no mention of it in the gracious Speech extreme special needs of any child in the county. He and no suggestion that Parliament might review the has two full-time carers. What impressed me was not impact of the current changes in, say, a year’s time. only the quality of that care but the way that the Nor has the Government’s response to the consultation teachers spoke about receiving a lot more than they on last year’s White Paper been made public. Is the give in looking after that special eight year-old. As we House to be denied the opportunity to debate what is know, a society is judged by the way it values its most happening in our universities? vulnerable members. Today’s announcement will have widespread support. 3.56 pm There is a real opportunity to make a difference to the Lord Howe of Aberavon: My Lords, the topic which lives and opportunities of many children and young I propose to discuss certainly was not touched on in people with additional needs. Many noble Lords will the gracious Speech, but it could and should have been have experience of children with special needs in schools. raised at any time. It is a very simple proposition, I ask the Government also to remember the 300,000 which may surprise the House: British weights and learners in FE, sixth forms and apprenticeships who measures are in a mess. We have litres for petrol and have learning difficulties. More than half of them have fizzy drinks but pints for beer and milk. We have support costs of no more than £2,500, so a modest metres and kilometres for athletics and the Ordnance investment can make a real difference. Survey but miles per gallon for cars. We have the I also support the intention to simplify the assessment metric system for school but still have pounds and process. It is at present too bureaucratic and too ounces in the market. Certainly, this muddle matters. disjointed. We need integrated budgets between health, It increases costs, confuses shoppers, leads to serious education and skills, social care and the Department misunderstandings, causes accidents, confuses our for Work and Pensions. The new children and families children’s education and, quite bluntly, puts us all to Bill is eagerly awaited. shame. My other point is about higher education, which is This is even a constitutional topic because about of course vital to our national life, educating about 800 years ago, Britain’s first charter of human rights 45% of our 17 to 30 year-olds. Massive changes are that dealt with constitutional matters—I refer, of course, going on. We have had the trebling of tuition fees, a to Magna Carta—proclaimed that there should be new and untested core and margin method of recruitment, only, a changed funding system with money following the “one measure of wine throughout our whole realm … and one student and no central funding for the arts and measure of corn … and one width of cloth” , humanities—and lots more happening. Those are far- and so on. Long before then and ever since, every reaching changes, but there is no mention of higher civilised society has recognised the need for one set—and education in the gracious Speech. The once anticipated only one set—of standard measures. By contrast, we higher education Bill is nowhere in sight. have managed to come near to recreating Disraeli’s Last June, the White Paper, Students at the Heart of two nations—divided between, on the one hand, a the System, was published. I was very pleased to see metrically literate elite and, on the other, a rudderless the commitment to widening participation, constant and bewildered majority. 271 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 272

How did we get into this uniquely confusing shambles? A particular recent concern, for example, was the It is because we have been dithering about it for some failure of the Department for Transport to seize the 150 years. As long ago as 1862, a Select Committee of opportunity to improve road safety by requiring all the House of Commons unanimously recommended imperial-only height and width restriction signs on the adoption of the metric system which had swept bridges over highways to be replaced by signs in dual across Europe and elsewhere. In 1904, the House of metric and imperial units. That would be a simple Lords voted in favour of a Bill to the same effect and, thing to do and would cost about £500,000. If it were remarkably in a way, in 1965 the decision was finally done, it would probably have huge financial benefits of taken—in response to requests from the CBI and over £2 million as a result of savings and reduced others, and after long and widespread consultation—to bridge strikes by metric drivers of foreign lorries on go metric over the following 10 years. It is important imperial roads with bewildering signs. to understand that that decision had nothing to do I urge the Government as a whole and the country with our relationship with our European partners. It across the board to resume the long drawn-out process was our own decision on our own case, taken eight of conversion to the metric system, begun in 1965. We years before we joined the European Community. should seize on opportunities for progress as they arise and make proper preparations for bringing us How did we manage to end up in this very British comprehensively up to modern international metric mess? It is because successive British Governments standards—a simple proposition that we have neglected have lacked consistency, candour and courage in for far too long but which we should courageously, implementing and presenting a policy which was, at carefully and swiftly undertake as soon as we can. the outset, rightly supported by a broad majority of all those who had given the topic serious consideration. It was the first Wilson Government who launched the 4pm process in 1965, and the Heath, Wilson and Callaghan Baroness Wheeler: My Lords, I thank the Clerks Governments who carried it on. The whole operation and the Whips Office for arranging for me to speak was handled, without significant controversy, by a now in the debate and for my noble friend Lady broadly representative commission: the Metrication Thornton to speak later. Board, which, in its final report in 1979, was able to I want to address the vital issue of social care suggest that the change was by then almost complete. because, as we all recognise, the situation has long In the Heath Government I had been, as Britain’s first been at crisis point, and it needs real action in this Minister for Consumer Affairs, responsible for the parliamentary Session and by this Government. From metrication programme. By 1979, however, I had myself these Benches we echo the consternation and deep become a penny-saving Chancellor of the Exchequer, frustration expressed by virtually all stakeholders—the and as such I readily accepted the decision to abolish voluntary sector and older people’s organisations, staff the Metrication Board, which claimed to have completed professional associations, trade unions and care providers the process. —at the fact that, instead of the comprehensive Bill that we had been hoping for in this Session, what So where should we go now? We simply cannot will be before us some time in the as yet unspecified afford to go on crippling ourselves with acceptance of timetable will be a draft Bill addressing only one, the present mess, and it certainly would be madness to albeit important, aspect of the action that is required go backwards. No one is now so foolish as to argue and, most worryingly, failing to address the key area that we should actually move away from the rest of the of social care funding for the future. This is indeed a world. The only solution is to complete the changeover missed opportunity, a huge let-down. It is especially to metric as swiftly and cleanly as possible. To sustain frustrating for those of us in the House who pointed our present imbroglio would continue consumer out on many occasions during the passage of the confusion, perpetuate safety hazards and obstruct business Health and Social Care Bill that it was not much of a efficiency. social care Bill, with its predominant focus on NHS I could have presented the case in this way: the structures, competition and institutions, and that there most glaring omission from the gracious Speech is were no measures or solutions to address the growing the lack of any reference to the need to complete the social care crisis. modernisation—and metrication, of course—of our The mantra in response from the Government system of measurement. Measurement is fundamental that it would be dealt with in the spring social care to industrial production, consumer protection, health White Paper has certainly not been translated into the and safety and science and education. The policy of promised draft Bill. It is also worth reminding the all Governments since 1965 has formerly been to House that my noble friend Lord Warner, in his usual change gradually from imperial to metric units, while constructive and helpful way, even put forward an continuing the option for consumers to continue using amendment that would have enabled the Government imperial measurements if they wish. However, there to show good faith and take powers in the Bill to has been no further progress of any kind since the year facilitate the implementation of the Dilnot report in 2000. Metrication has got stuck. As a result, we remain whatever direction the hoped-for cross-party consensus in a muddle of metric and imperial measurements, would take it. Of course, the amendment was defeated, with some people using one system and others using as were others that would have helped redress the the other, with all the resulting incomprehension, complete NHS/social care imbalance in the Bill. They conversion errors and additional costs, giving the included having a tighter and binding definition of impression to visitors, especially in this Olympic year, how NHS and local authorities were to promote the that we are a nation living in the imperial past. integration of health and social care services and 273 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 274

[BARONESS WHEELER] independence. We know that recent reports on personal providing health and well- being boards with real home care, such as those from the Equality and Human teeth and powers and the authority for final sign-off Rights Commission and Age UK have exposed of the vital CCG commissioning plans. These measures horrendous problems that deprive older people of dignity would have reinforced in legislation the requirement and respect. The vast majority of care staff and social for real collaboration and funding of local services to workers do a good job and want to do a good job. The make the best use of resources across the NHS and in reality is that, all too often, it is just impossible. social care. I have stressed before that as a carer of a disabled David Cameron committed to introducing legalisation, adult stroke recoverer, the local agency care we receive “to establish a sustainable legal and financial framework for adult is of high quality and the care workers show real social care”, empathy, respect and understanding of their client’s which is another broken promise. The Health Minister, needs and of my role as the carer. Our local experience in his response to the debate in this House on the of care is the standard and best practice for which we Dilnot report, stressed that, must aim across the country, but it will not be achieved without tackling current and future funding issues. “this is not an issue that we will shy away from”.—[Official Report, 24/11/11; col. 1194.] As we know, Labour initiated cross-party talks on the Dilnot recommendations on social care funding That is precisely what the Government have done by and these are in progress. Labour is genuine and not committing themselves to a comprehensive Bill serious in its commitment to meaningful discussions and a timetable for the implementation of reform. and negotiations that unlock the Government’s malaise Of course, the implementation of the key and lead to real change. We know that tough decisions recommendations of the excellent Law Commission are needed and that doing nothing is not an option for report of 2011 in the draft Bill will be supported by older and disabled people and their carers, the economy these Benches, even though it will mean dealing with and the future of the NHS. The current system is at only part of the picture. The commission report was a breaking point. It is unfair and inefficient. It results in landmark report and its translation into legislation fewer and fewer people getting the help that they need will help simplify what it called an “often incoherent and ever mounting additional costs to the NHS and patchwork” of 60 years of social care law, the taxpayer when people end up in hospital or residential “incomprehensible to all but a small legal fraternity”, care when they do not need to. as the Guardian put it last week. I hope that the Government will think again about their decision not to address the Dilnot issues in the We on these Benches support the modernisation of White Paper and forthcoming Bill. David Cameron the legal framework for care and support. Setting out must fulfil his promise and engage personally to give what support people can expect from government and the cross-party talks the backing and momentum that what action it will take to help them will allow them to are needed to enable legislation in this parliamentary plan, prepare and make informed choices about their Session. Burying their heads in the sand and hoping care, but it will not lead to the major improvements in that the problem will go away if Ministers deny that availability, consistency and quality of care that we it exists often enough, or blaming cash-starved local know is so desperately needed. Throwing into the Bill authorities for the huge cuts that they have had to the laudable extension of personal budgets without make as a result of current funding reductions and dealing with how social care is to be funded to address increasing demand will not do. Nobody is fooled. It is the current £1 billion shortfall and the demand in the the Government’s responsibility and they must act now. future will, I fear, raise expectations that cannot possibly be met. Reform of social care must deal with the interrelated 4.11 pm issues of long-term funding which allows for people Lord Dholakia: My Lords, the first two years of the to plan for the costs of retirement, improved quality coalition Government have seen some valuable steps of care through integrated health and social care towards a fairer criminal justice system. The new commissioning, and the desperate current funding Legal Aid, Sentencing and Punishment of Offenders shortfall which has intensified the underlying mismatch Act abolishes the discredited and unjust IPP sentences, between funding and demand still further. The failure legislates to reduce unnecessary remands in custody to address these issues as a whole results in the twin and contains much needed reforms to the Rehabilitation evils of a growing number of people on low incomes of Offenders Act. Over the past two to three years, we who are no longer eligible for state support and too have seen a welcome reduction in the number of many people using too large a proportion of, or all of, juvenile offenders in custody. Indeed, the number is their own assets to meet the costs of personal domiciliary currently the lowest since the Youth Justice Board care in the home or residential care. started collecting figures. The Government are developing We must not forget that there is no long-term a determined strategy to divert mentally disordered solution to the social care time bomb that does not offenders from the criminal justice system into medical address the workforce issues: the low pay of care and social care. They are consulting on proposals to workers; training; quality of care; staff numbers; and make restorative justice a more central part of the commissioning which provides for home visits long criminal justice process. enough to enable staff to provide the personal care However, many serious challenges remain. The prison and support that frail older people or people with system still faces serious overcrowding. Today, 82 out long-term health conditions need to maintain their of 132 prisons hold more prisoners than they were 275 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 276 built for, and 19,000 prisoners are held two to a cell of fines for lesser offences. The Government should designed for one person. This country has 156 prisoners introduce a “day fine” system, which would relate for every 100,000 people in the general population, fines more precisely to the offenders’ means. That compared to 109 in France and 87 in Germany. Prison could help to make fines a more credible punishment overcrowding produces inhumane conditions and increases for offenders of all income levels. the risk of self-harm and suicide. It also increases We should take steps to reduce the imprisonment of crime because it makes it harder for prisons to provide people who have breached community supervision—for rehabilitation programmes for all their inmates, thereby example, by missing appointments or being late back increasing reoffending on release. to probation hostels. We should do that by introducing I do not wish to sound alarming but we should take a graduated scale of punishment for breach of supervision, note of the comments made by the chairman of the with prison being used only when less severe penalties Parole Board only yesterday. Far too many offenders have first been tried. We should introduce tighter are still sent into custody for short sentences and are statutory restrictions on sending young offenders into released after no more than a few months in custody. custody. For example, we could copy the example of These sentences serve very little purpose. They are too Canada which, in 2002, introduced legislation restricting short for sustained rehabilitation programmes but long the use of custody for juveniles and produced a reduction enough for offenders to lose their jobs and homes, of more than 30% in the number of young people sent which makes them more likely to reoffend. On release, to custody. We should place a clear statutory duty on most of these prisoners do not receive supervision by all criminal justice agencies to adopt numerical targets the probation service and their reconviction rates are for reducing racial disproportionality in their operations. much higher than those for other prisoners. Most of Most women we send to prison are neither violent these offenders would be better dealt with by supervision nor dangerous and they have few previous convictions. programmes in the community. All in all, our system But they have a high rate of mental disorder, a history still does far too little to prevent crime and rehabilitate of abuse, addiction problems and personal distress offenders. We need to rethink an approach that wastes arising from separation from their children. As we such a high proportion of resources on punitive custodial have repeatedly advocated—and I thank the noble measures that produce high reoffending rates. Lord, Lord Ramsbotham, for this—we should establish A great deal remains to be done to eliminate racial a women’s justice board to set standards for resettlement discrimination from the criminal justice process. Indeed, and rehabilitation, mental health services, family contact in some respects the position of minority ethnic people and culturally appropriate support for foreign national in the criminal justice system is now worse than it was women in our prisons. when the Stephen Lawrence inquiry reported. The A women’s justice board should also set targets disproportionate use of stop and search is even more to reduce the use of custody for women. There is extreme and the proportion of the prison population overwhelming evidence of the importance of providing that is made up of racial minorities is now higher than practical help for offenders in order to reduce reoffending. it was in the late 1990s. Further research is required to Getting offenders into jobs reduces their likelihood of see how the criminal justice system has produced this further offending by between one-third and one-half. anomaly. Providing accommodation for offenders reduces What should we do to improve the position? The reconviction by at least one-fifth. Drug rehabilitation Government could legislate to make sentencing guidelines programmes cut the volume of reoffending by up take into account the capacity of the prison system. to 70%. These guidelines should scale down the number and We should commission voluntary organisations to length of prison sentences except for the most serious provide a national resettlement service for short-term crimes. Prison should be removed as an option for prisoners who currently receive no supervision or support low-level, non-violent crimes. Courts should be prohibited on release. A strategy on these lines would help to from using prisons, except for dangerous offenders, concentrate resources on the measures most likely to unless they have first tried an intensive community protect the public by rehabilitating offenders and reducing supervision programme, which my noble friend Lady reoffending. They would build on the encouraging Linklater has repeatedly advocated in this House. start made by the coalition towards the achievement of a fairer and more effective criminal justice system. We should also legislate to keep restorative justice at the forefront of the minds of sentencers to help Recently, I chaired the inquiry by the Magistrates’ ensure that it becomes a central part of the criminal Association into summary justice, which should be justice system. We should do that by making restorative bedtime reading for all those involved in the role and justice one of the statutory purposes of sentencing functions that magistrates should perform in a modern and enabling courts to include specific restorative society. I have put in for a short debate and look justice requirements in community orders. We also forward to putting the inquiry’s proposals to the Minister need to prevent the community sentences supervised before long. by the probation service from being used for low-level offenders with little likelihood of reoffending. 4.19 pm When probation service resources are scarce, it is The Earl of Listowel: It is a privilege to follow the important to concentrate them on work with the more noble Lord, Lord Dholakia, particularly after his serious or persistent offenders, particularly those who comments about the reduction in the number of young would otherwise receive ineffective short prison sentences. people in the youth justice system and his call for a One way to achieve that would be to increase the use similar system for women—a women’s justice board—to 277 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 278

[THE EARL OF LISTOWEL] were conduct disorders, which are particularly hard to focus on their needs. Not only have they had the manage for carers. That compared with about 40% of experiences that he describes, but many of them have disorders in foster care and 10% in the general children’s been in the care of the state, which has often not population. A head of a child mental health service provided them with the care that they needed. I support department put it to me that the profile of these the call of my noble friend Lord Ramsbotham for children in these children’s homes is very little different further work on the Corston recommendations. It is from that of children in psychiatric units. In the latter, so disruptive to children’s lives when they are taken children are cared for by nurses who are managed by into the secure estate. doctors; in the former, they are cared for by staff I rise to speak to a matter omitted from the Queen’s qualified to national vocational qualification level 3, Speech. I want to share my concerns with Her Majesty’s who are managed by those qualified to be level 4 Government about the lack of professional capacity managers. There is a world of difference in the capacity in our children’s homes. I take this opportunity to of those staff. encourage the Secretary of State, the right honourable On the continent, residential care is a far more Michael Gove MP, to give thought to developing a popular option, with about half the children in care in strategy for the professionalisation of staff in children’s residential settings. Staff are also generally more highly homes. Professionals who come into contact with children’s qualified. In Denmark, 90% of staff have a degree-level home staff are unanimous that the quality of staff qualification. The continentals choose to have the is highly variable and that staff often show little most highly skilled qualified staff caring for their understanding of children’s needs. That is the view of vulnerable children. In this country we have made the the social workers and child mental health professionals opposite decision. Because our children’s homes cater to whom I speak. for only about 8 per cent of the children in local The front page of the Times on Wednesday last authority care, the needs of our children in residential week read as follows: care are significantly higher than those of such children “A nation’s shame: Nine men are found guilty of sex grooming in France, Germany or Denmark, yet our care staff crimes against vulnerable young girls after a trial that has exposed are much less well qualified. We choose to place the shocking scandal in Britain’s children’s homes”. our most vulnerable children with our least qualified Andrew Norfolk, the journalist, goes on to write: workers. “Hundreds of girls in children’s homes are being sexually abused by organised networks of men, The Times reveals today. Lord Northbourne: I am most grateful to the noble England’s children’s homes, which care for 1,800 girls, have recorded Earl for giving way. Does he agree that a considerable 631 incidents of girls being sold for sex during the past five years, including 187 in the past ten months”. number of children’s homes do not fit the description he has given, and that their qualified staff look after I am most grateful to Mr Norfolk and the Times for the children extremely well? the extensive and careful coverage that they have given to the horrific exploitation of these vulnerable children. On page six of that day’s Times, Jenny Pearce, Professor The Earl of Listowel: I agree with my noble friend of YoungPeople and Public Policy at the University of on that point. For instance, there are some exceptionally Bedfordshire, said: good therapeutic communities in this country and “You’re talking about poorly trained, poorly supported staff some very good examples of practice. The difficulty is working with some of our most vulnerable children and young that the quality is so variable. These vulnerable children people. That combination is an ideal setting for an abuser to deserve a consistently excellent quality of care from exploit”. their carers. It seems clear that the Times successfully identified Gangs of men meet former residents of children’s a systemic problem with our children’s homes, which homes and use those girls or young women to “hook needs to be remedied as soon as possible. We need to into” the young women in those homes. It is very hard move to a professional cadre for our children’s homes for staff to resist that. We need to have the very best as soon as possible if we are to minimise future risk of staff in children’s homes to prevent these cunning, harm, sexual and other, to these our most vulnerable wily gangs of men gaining access to these children; children. and not only gangs are involved. In his report of the 1990s on children living away There has been progress in skilling-up staff. Ofsted from home, Sir William Utting wrote that the best inspections report improved performance. There are safeguard for children is an environment of overall some very good homes and therapeutic communities excellence. I am concerned that we may be failing in and many residential care staff work the hardest they our duty to these children by forgetting his words. can in the interests of these children. I agree with my Why do these children need such care? These are noble friend in that regard. Regulations have been often children who have experienced multiple failures tightened and there is the prospect of further strengthening of foster placements. They have therefore generally of regulations over the next year, yet I fear that a experienced abuse in the family and then been further fundamental problem will not be addressed unless a harmed by being passed from pillar to post. They are clear strategy for professionalising staff in our children’s normally the older children with longer histories of homes is introduced as soon as possible. Therefore, I neglect, who are physically more difficult to manage. beg the Government to give consideration to developing The Office for National Statistics in its 2004 survey such a strategy to bring this about. There is great found that 69% of children in residential care had a expertise in this area in this Chamber. I look forward mental disorder and that the majority of these disorders to the Minister’s response. 279 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 280

4.27 pm with a set of proposals that ensure that our justice system continues to be the envy of the world and allows Baroness Seccombe: My Lords, I rise to speak on a magistrates to serve our country with distinction for subject that I, for one, am glad is not included in the another 650 years. gracious Speech. For 650 years, magistrates have been part of the fabric of this great country and summary justice has been administered by a service of well 4.31 pm trained volunteers giving up many hours on a weekly Baroness Billingham: My Lords, this is Olympic year, or fortnightly basis. It is a valued contribution to the so I scanned the Queen’s Speech with eager anticipation. smooth running of the country and a service which Just for once, I hoped that sport would take centre has evolved and improved over the passing years. It is stage, for it plays a crucial role in all the topics in therefore to be treasured and must never, at the whim today’s debate. Of course, I was disappointed. of any Government, be tinkered with but modified I wish to speak on a major sport that I believe is only after much reflection. under threat. That sport is tennis, and I genuinely fear Magistrates have been with us since 1361—a long for the future of the game. I do so with a heavy heart, time by any standards. Throughout this time, the for this has been my chosen sport and that of my system has maintained the same level of service and family. commitment to society while, even in the 30 years I I was absolutely delighted when Roger Draper was was privileged enough to be involved with it, making appointed as chief executive of the Lawn Tennis changes as needed around the edges, such as occurred Association in 2006. We met Roger Draper and heard in one of my own personal, very trivial examples. of his wide-ranging plans to promote British tennis to When I was first appointed, women magistrates always the full, building a national tennis centre to facilitate wore hats in court. I found this difficult as the only that development. I hosted a reception in the House of hats I had were the ones worn for dressy occasions. Lords and he pledged that Britain would have five When we plucked up the courage to ask the chairman players in the top 100 by the end of 2008 and, at the why we wore hats, he replied that he had no idea as it same time, that every school child, by the age of eight, added nothing to our work in the court, so from that would have held a tennis racquet. We were delighted. moment on in our court hats remained at home. However, none of that happened. The advent of the 21st century and the need for There was another juggling of the figures in 2008 financial constraint has concentrated minds on the when it was announced that Britain would have five future of the administration of justice. I am delighted players in the top 100 by 2010. There were two. By that my noble friend Lord Dholakia was a leading now, alarm bells were ringing. Everyone knew that the member of the Magistrates’ Association, which has LTA was one of the richest governing bodies in the produced an in-depth study inquiring into the role of world with some £60 million being poured into its magistrates and the future delivery of summary justice. coffers every single year, none of it with any strings This report is well researched and to be welcomed, and attached. The press and the tennis public were losing will now be genuinely considered. patience. News trickled through that huge sums of Of course, the magistracy must be valued for the money were being spent on coaches. More worrying contribution that it makes, and it is paramount that was the allegation, never denied or confirmed, that society has confidence in its administration. I think Roger Draper was paid £400,000 per annum on a that those tests are currently passed with flying colours. six-year contract with bonuses on top—no transparency However, I have one aching concern. It has always and no accountability. seemed to me that summary justice is served best by It was around this time that Gerry Sutcliffe, the local people who know the area—people who live then Minister for Sport, asked me to review the LTA. I there and are respected citizens. Nowhere was this with nine colleagues, many of them from this Chamber better evidenced than in the manner in which the and the Lords and Commons Tennis Club, formed a magistracy responded to the riots last summer, some panel. The members were absolutely outstanding and magistrates even sitting through the night when required. excellent. We had only a very short time, with just This was local people dispensing local justice at a time three weeks to go before the general election. We held of real need, resulting in speedy action on cases. I hearings and wrote a report that was highly critical. worry that if many more courts are closed, this local We were shocked at the performance of the LTA, element will be lost. given its resources and freedom of action. We could The magistracy must of course continue to be not believe its strategy, which was to put all effort into responsive. For instance, I was very interested in an elite performance and so little into school, club and article in the Times of 8 May this year hinting of grass-roots tennis. What really incensed us was that proposals to allow magistrates to sit in community the Government had made a direct contribution to centres. It was suggested that magistrates could sit tennis of some £26.8 million over a four-year period alone but I would have to be convinced of this, as I through Sport England. There was absolutely no believe that a Bench of two or three magistrates carries indication or account of how that money was spent, greater strength and acceptability, and in addition is and we could find no benefit. certainly less stressful for a magistrate. All our misgivings became reality. The profligate So I am pleased that this key subject was not LTA continued to infuriate the British press, the public included in the Queen’s Speech. I hope, however, that and anyone who had an interest in tennis. Failure after careful consideration and much consultation with followed failure. At last, Sport England, which distributes those within the magisterial service we will be presented funds from government and lottery sources, found its 281 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 282

[BARONESS BILLINGHAM] team on winning the triple crown and the grand slam voice. In April of this year, it announced that it would and good wishes on going to Australia shortly, where cut £530,000 from tennis because of a fall in participation no doubt the reputation of British sport will be restored. figures. The drop of almost 30% in two years was dire In the field of law reform, I very much welcome the and the funding cut fully deserved. So this is where we Defamation Bill, to which the noble Lord, Lord McNally, are today. The LTA is a total shambles, tottering from referred. The Bill is based on the tireless and persistent one broken pledge to another; and the British and the work of my noble friend Lord Lester, and I hope that world’s press are aghast at the huge cost and pathetic it will dispel the chilling effect on freedom of speech of results of six years of mismanagement. It is pitiful. an overworked and out of date branch of the law. I If you think I am but a single disgruntled observer, hope that it will also end libel tourism, whereby our perhaps I may share with you the views of others who courts are used to determine disputes about the reputations are far more knowledgeable and who confirm my of people of whom nobody has ever heard. People misgivings. The nation’s tennis writers have long run come here from abroad to litigate on these matters. out of patience. They watch every twist and turn of the LTA and its CEO. I can find no support in the There is one Bill that I look forward to with some newspapers for them. Here are just a few headlines interest. The gracious Speech stated that legislation from dozens over the years. The Guardian said: would be introduced to strengthen oversight “of” the security services. I wondered whether it was a typo and “LTA suffers major embarrassment: the LTA receives almost the Bill would set out to strengthen oversight “by” the £60 million per year, when will British tennis see some results?”. security services; the wording seemed curious. The Daily Mail said: I will look with considerable care at any provisions “Lame Duck Draper must go. He was supposed to save British tennis but now it’s worse!”. that are designed to extend closed proceedings to civil cases by the use of special advocates. The vast majority The Daily Telegraph said that after five years and of the special advocates who currently appear in criminal £250 million there is “still no progress”. But perhaps immigration cases are wholly against such an extension, the strongest criticism over the past six years has come and no satisfactory solution has yet been devised or from Neil Harman of the Times. He has followed and put forward in this sensitive area. In civil cases it is not written about every twist and turn, every inexcusable acceptable that a judge who decides a case between failure of an organisation that is wealthy almost beyond parties—very often a claimant is suing a government belief. Tim Henman, the former British No. 1, and not department—should be shown secret information that a person given to confrontation, said that, is never disclosed to the claimant and which he cannot “the lack of contenders is just not good enough”, answer in any way. It is quite wrong that a judge and that, should have such information on which to base his “I lament the failure of the present system”. judgment. It is not like a criminal case, where the jury Meg Munn MP made a timely intervention in a Commons makes the decision; in a civil case it is the judge. That debate some time ago with the horrifying statistic that is a very important distinction and I shall pursue that the number of tennis courts has declined in the past Bill with considerable interest. 10 years from 33,000 to only 10,000. It would be too much to expect that the Home So, what can be done? I call on Hugh Robertson, Office would be without another of those heavy Bills the Minister for Sport, to set up an urgent review and that we are accustomed to wading through. I suppose inquiry into British tennis. He must insist on transparency that it must employ the Bill teams that it has accumulated of all expenditure and salaries, especially given the over many years. The Crime and Courts Bill is a fact that the LTA receives public money—taxpayers’ standard model. The National Crime Agency is proposed money. This money must be ring-fenced in order to as an overarching agency to encompass the various ensure that grass-roots tennis projects are properly agencies that already exist. We might hear something funded. He must insist on freedom of information in the Bill about architecture; perhaps that phrase will from the sport’s governing body and call on the board come to us in due course. The Serious Organised of the LTA to face up to its responsibilities. All this Crime Agency has just reached its sixth birthday; it is must be done urgently. In less than eight weeks’ time, only an infant. It merged the National Crime Squad, millions of tennis lovers in the UK will sit down in the National Criminal Intelligence Service, the National front of their televisions, some for a whole fortnight, High Tech Crime Unit, the investigative and intelligence and watch every ball struck at Wimbledon. They have sections of HM Revenue and Customs on serious a right to expect more success from the game they drug trafficking, and the Immigration Service’s love. Unless he intervenes, the Minister could be accused responsibility for organised immigration crime. The of allowing one of the oldest and most distinguished Assets Recovery Agency, too, was made part of SOCA sports to decline into obscurity. The entire tennis in 2008. The Serious Fraud Office escaped the overarching world is looking on in disbelief. The Minister can and conglomeration, and it seems that it will escape again. must help to put this right. We shall want to know: did SOCA fail? If so, why? What does the new overarching agency, which takes in all these bodies and has cross-government contacts, 4.38 pm promise—except more employment? Lord Thomas of Gresford: I am very sorry to hear No doubt somebody—if not the noble Lord, Lord the woes of the LTA and Sport England. I confess that Pannick, then another noble Lord—will put forward I was a little disappointed not to hear from Her an amendment with an overarching mission statement Majesty congratulations to the Welsh national rugby that crime is bad and should be prevented, and I look 283 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 284 forward to discussing the independence of the director- about whether I should contribute to this ritual of general and wading through the mire of functions and debates on the Queen’s Speech, mainly because it does priorities, arguing about relationships with independent seem such a ritual. However, a friend of mine who has police forces, establishing frameworks and the hierarchies had her welfare services cut asked me, “You are a that we so love and that will tell us who is boss. We Member of the House of Lords, what are you going have the entirety of Schedule 3 to play with on this to do about it?”. I struggled to give a response. This issue. I remember a World War II poster that some individual is quite wise. She actually watches House of other noble Lords may recall: “Was Your Journey Lords debates, which says something; but then she can Really Necessary?”. It went along with “Careless Talk because she has the time. I said, “I do not know, really. Costs Lives”, with a spook lurking behind every hedge. It is a bit of a struggle”. So she said, “You spent all Is it necessary to introduce a National Crime Agency day talking about House of Lords reform, and less only six years after SOCA was brought into being? people are interested in that than whether they will The changes to bring county courts into a single be able to afford any health and social care. Get up county court and establish a single family court are, there”. So here I am. I am getting up here because on the face of it, acceptable, but there is really only there is a problem. I am all for House of Lords reform, one test: does it improve or hinder access to justice? but more people care about whether they are going to The whole point about county courts is that they were get any care. established in every county so that people could go to The Government made a promising start in tackling them and use them; similarly with family courts. A the huge amount of work needed to reform the social quick remedy can be obtained from a magistrates’ care system. Before I go on, I should declare an court in a family matter, which may take much longer interest as the chief executive of Turning Point, which in the Courts Service. is a social enterprise in the health and social care As for diversity in the judiciary, there is always sector. The Dilnot commission marked a good start in concern. The test must still be simply one of merit in that it understood the, appointing judges. The diversity which arrived at the “urgency of reforming the system of social care”, Bar in the 1970s is working its way through to the Bench in all areas and that concern, I hope, will a phrase that was in the coalition agreement published become something of the past. in May 2010. Setting up the Commission on Funding of Care and Support showed that the Government As for televising court proceedings, it so happens accepted that tackling the funding crisis was to be an that last week I was lying on my back in the dentist’s as imperative part of their work. Andrew Dilnot’s work he was poised with his drill and I had all sorts of was praised by many, and his report and recommendations things in my mouth. He told me that he had to go were published almost a year ago. However, the to court as a witness in a case. He had never been to Government are yet to publicly outline their response. court and he was extremely apprehensive. I thought: They have remained quiet on funding. A White Paper “Apprehensive? My God, at least they are not going to on social care and a progress report on funding are drill into the nerve in your teeth to extract evidence therefore still eagerly awaited and anticipated by those from you!”. However, that just shows how little even who work in social care. the educated public understand about the way the courts system works. I welcome a limited introduction But the wait is most acute for those who are suffering of television into courts. Like your Lordships’proceedings, in the current system. The draft care and support Bill, I think they will be viewed in the early hours of the no doubt a fascinating read for many before a roaring morning by anoraks or people who cannot sleep, fire, is a positive move towards reform, but it has been because the arguments in the Court of Appeal are not met with a lot of disappointment because it fails to really much of an entertainment. mention or use the F-word—funding. Proposals on The gracious Speech was criticised by the noble funding will be brought forward separately from the Lord, Lord Hunt of Kings Heath, as being the thinnest White Paper, and it is now even possible that a new of Queen’s Speeches, and wholly irrelevant to people’s funding system will not be fully in place until as late lives. There was nothing on growth or jobs, he said. as 2025. The Treasury may be unhappy about the Well, just look at the number of Bills that are there. £1.7 billion per year that the Dilnot proposals would The Government should be focused now on competent cost, but these changes are critical to the lives of those administration and on bedding down the changes that in need of care, as they are to their relatives, who still have already been made in the fields of education, face uncertainty over timeframes and funding issues. welfare, health, legal services and the rest. These decisions The system is creaking as demand increases, so the have been made; now is the time to make the decisions question of funding needs to be addressed urgently for work, by proper administrative action. the short, medium and the long term. I was one of 78 signatories to an open letter sent to the Prime Minister earlier this month organised by the 4.47 pm Care and Support Alliance. It warns that the system Lord Adebowale: My Lords, I rise to add my two- is chronically underfunded and that, without reform, pennorth to this veritable cornucopia of subjects this too many old and disabled people will be left in afternoon. We have moved from tennis to defamation, desperate circumstances, struggling on alone and living to children in care, the criminal justice Bill and weights in misery and fear. The need for a clear consensus on a and measures. It is a fascinating encyclopaedia of issues, new funding settlement is also the number one priority which shows the expertise available in this House. set out in another letter to the Prime Minister that I shall refer to the draft social care Bill. I thought hard I signed in March—I have been signing a lot of letters 285 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 286

[LORD ADEBOWALE] 4.56 pm to the Prime Minister of late—as co-chair of the Lord Marlesford: My Lords, I rather agree with the All-Party Parliamentary Group on People with Complex noble Lord who has just spoken: it is a little curious Needs and Dual Diagnosis. Other signatories were the that we should have had to use two days of precious chairs of the All-Party Parliamentary Group for Ageing parliamentary time to point out to the Government and Older People and those groups with an interest in the folly of introducing such an ill thought-out piece carers, dementia, disability, Down’s syndrome, housing of legislation to replace your Lordships’ House. I am and care for older people, learning disability, ME, MS, going to use my brief moments on another commitment Parkinson’s and social care. in the gracious Speech—that to, Everyone knows that reform will be expensive, but “establish the National Crime Agency to tackle the most serious I agree with the Local Government Agreement and and organised crime and strengthen border security”. insist that it is worth paying for. There will be those That at least is something about which the entire who argue that we cannot afford it, but the reality is electorate mind a great deal. that we cannot afford not to. Local authorities are starting to feel the weight of extra responsibilities I agree with the noble Lord, Lord Thomas of Gresford, from social care to public health, while simultaneously in questioning whether we really need to reorganise their budgets are growing smaller. Now is not the time the Serious Organised Crime Agency, SOCA, which only to stall progress. The LGA has also recently warned started work in 2006. I had the opportunity on 28 March that the need to plug the current gap in care funding of visiting SOCA with EU Sub-Committee F, which would be at the cost of other public services for does home affairs, and I was pretty impressed with vulnerable people. It is clear that this extra money is what I found there. I noticed that the committee’s needed as the social care system is already in crisis. report on the ELMER money-laundering database had had quite a considerable influence on the practices While a large proportion of spending goes to support and what SOCA was actually doing about that, but older people, it is important to remember that many I do not have time to cover that now. others are in need of a comprehensive and well funded social care system. Indeed, at Turning Point we support What I really want is to focus on “strengthen border many people with complex needs that range from security”, and to talk about the UK Border Agency. alcohol dependency to mental health, learning disabilities Border security is a crucial element in the defence of and so on. Strongly linked to the need for social care the realm and therefore of the highest importance. funding is the need for integration and personalisation. Every year some 80 million people come in and out by My work in looking at the benefits realisation of air, 11 million by sea and about 16 million by the integrating services shows that when they are integrated, Channel Tunnel. However, border security is actually for every £1 spent, a saving of £2.65 is made on one of Whitehall’s biggest failures, not just under the delivery.The Department of Health-funded Partnerships present Government, but going way back—at least to for Older People Projects focused on health, well-being June 2006 when the now noble Lord, Lord Reid, with and independence promotion and prevention. They all the authority of the Home Secretary, publicly saw a 47% reduction in overnight hospital stays and a denounced the immigration department of the Home 29% reduction in A&E visits. There were also reductions Office as “not fit for purpose”. Since then, things have in physiotherapy, occupational therapy and out-patient got worse, much worse. The civil servant in charge at appointments, resulting in a cost reduction of £2,166 the time was of course promoted to be Permanent per person. The clues to the model for the funding of Secretary at the Ministry of Defence. social care are in place. According to London Councils, Over a period of years, I have documented, through better integrated services that support people with Written PQs, the failures of the UK Border Agency. Let long-term conditions could also result in savings of me make it clear that the UKBA is not underresourced. £2.7 billion annually. It employs over 20,000 people. The problem is in the The current system is out of date and can fail on management of those resources. I have met Mr Rob quality, varying widely across the country—not just in Whiteman, the new chief executive, and I think that the case of children’s services, as has been mentioned given a free hand and political support he could be by the noble Earl, Lord Listowel. We need an integrated quite effective. and personalised system allowing older and disabled I have four criticisms of the UK Border Agency. people and their families to participate and live with First, it has proved grossly incompetent. We have all dignity and independence. The eligibility and assessment seen the recent shambles of the queues at our airports. system needs improving as part of this process. The much vaunted e-Borders system has cost £357 million I know there is sympathy and desire on the part of in the four and a half years to October 2011 and is still the Government, but it has become increasingly difficult only partly operational now: only just over half the to believe that they understand the necessity of reform people who go in and out of the country are covered as a matter of urgency, two years on from the Dilnot by it, and it is not expected to be fully operational commission. The same level of determination and the until 2015. The Home Office could learn a thing or same amount of time as have been devoted to House two from Mr Ken Livingstone. Whatever else you of Lords reform need to be focused on the lives of think about him, he introduced his e-congestion charge thousands and millions of people who will need health system and it worked extremely well from the word go, and social care, and the same level of urgency is and that must have been every bit as big. required in the area of health and social care finance The previous Government also scrapped exit checks, that was put into the efforts to push through the which it is said cannot be reintroduced until 2015. Health and Social Care Act. Well, if you do not have exit checks, you do not know 287 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 288 who is meant to have gone out of the country, so it is a to the former, pension credit, took existing pensioners shambles. There are huge gaps in the monitoring of out of poverty but, perversely, made it not worth passports. saving for pensioners still to come. Secondly, the border force is undisciplined. Others If, 10 years ago, I could have foreseen the proposed may have seen a report in the press of an incident new state pension, the raising of retirement incomes, during the shambles. Angry crowds had gathered and the removal of means-testing and the making it safe to eventually a posse of immigration officers walked in save, as well as the rollout of auto-enrolment, with to fill empty desks. Not surprisingly, people who had NEST bringing even the low-paid into pensions, I been waiting for more than an hour gave them a slow would have been thrilled. Pensions would have been handclap. What happened? They walked out again. sorted, finally. What arrogance. What insensitivity. Details remain to be finessed. They include legacy Thirdly, the border force is luddite. The much vaunted issues for the state pension; transfers; caps; and, iris recognition system has been seen as a threat to above all, thresholds for NEST, because, perversely, immigration officer jobs and is now largely abandoned. the more you raise tax thresholds, be it to £10,000 or Hong Kong has had a superb e-border agency system even £12,000, the more people, 1.4 million of them for more than 15 years. The United States, which I and mostly women, you take out of auto-enrolment. visit quite often, also has a system which works very well. They are the very people for whom NEST was designed. Fourthly, and most serious, the UK Border Agency More widely in the pensions field, we could strip out is deeply and systemically corrupt. The British government normal essentials from DB schemes such as indexing machine has always had a well deserved reputation for and spouse’s benefits, cutting their costs in half and integrity, yet in the past six years more than 25 members thus ensuring their survival. Or we could develop of the UK Border Agency have been sent to prison for hybrid schemes, sharing the risk. Given that there are the serious offence of misconduct in public office. 54,000 DC schemes, we could respond to the NAPF’s They were not minor offences. I will give just half a call for super trusts. dozen examples: in March 2008, a Mr Uzoma John-Ayo However, despite the splendid work of Steve Webb, was sentenced to nine years; in September 2009, a I no longer think that we have pensions sorted. They Mr Ali was sentenced to five years; in March 2010, a are fine for higher-rate taxpayers with parallel savings Mr Quarco was sentenced to nine years; in April 2010, in ISAs and property who can absorb risk and wish to a Ms Eworth was sentenced to six years; in November smooth consumption between work and retirement. 2011, a Mr Shoyeju was sentenced to seven years; and Though I am delighted by the proposed pensions Bill, in December 2011, a Mr Rammakrishnan was sentenced no one today would invent pensions for the low paid, to eight years. Those are big sentences; they were not especially women. As the IoD said in its recent Roadmap sent to prison for little things. If that has happened in for Retirement Reform, pensions are, one agency, it is appalling. “part of the problem, rather than part of the solution”. What should be done? I would be delighted to give That was the IoD. Just think—for a decent pension the Minister my detailed ideas, but here are one or two you need: a full-time job for 40 years; that job in a for starters. The UK Border Force, which was in world of steady interest rates, inflation, employment March separated from the UKBA, should be put and longevity; to contribute young, enough and under the operational command of a senior, three-star, throughout; to manage the investment and disinvestment retired military commander. I saw Mr Brian Moore, risk; and, for those 40 years, not to touch it because currently in charge of the border force, being interviewed you have other savings. Not one of those propositions on television recently and I am afraid that I was not fits the low paid. impressed. That is probably unfair, but it is necessary to have in command somebody who is really good. We could not design a poorer fit for poorer women if we tried. Women are in and out of the waged labour Secondly, the profile and screening of those recruited market, interspersed with caring for the young and to the UKBA and the border force should be reviewed increasingly for the old who, because they are living urgently. I suggest an emergency review of the integrity longer, take a woman out of the labour market for of existing staff. Next, the staff should be subject to longer at just the point when she should be building the same disciplinary system as the police and should her own pension. Her work is part time and low paid. not be allowed to take the sort of industrial action Half of all women face divorce, losing their home, which they have taken and which they quite often health, money and partner. She is at high risk. It is key threaten. Finally, a fresh management team should that her working years are more perilous than retirement. take a grip on the e-Borders system, integrating it fully She has no accessible savings to smooth those risks with the passport system to secure our borders. I am but cannot touch her only savings—her pension. She glad that the Home Affairs Select Committee of the can use her pension to build a conservatory at 62 but House of Commons is looking at the borders system. I not to save her home from repossession at 42. That is hope that we will co-operate closely with it and that mad and cruel. the Government will do something serious about it pretty soon. Why is more money going into ISAs than pensions, despite there being no tax relief or employers’ contribution? The answer is access. We should stop 5.03 pm shoehorning low-paid women into structures devised Baroness Hollis of Heigham: My Lords, in 1997, by well-paid men for other well-paid men 50 years ago. pensioners were among the poorest in society, while We need combined savings and pensions schemes: the future pensioners were not saving enough. Our response lifetime savings accounts—LiSAs—of David Willetts; 289 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 290

[BARONESS HOLLIS OF HEIGHAM] suitably at home in this jurisdiction. On the other side the combined ISA/pensions of Michael Johnson of of the balance between free speech and reputation, CPS; or the early access to the 25% tax-free lump sum there is concern that the same obstacles that inhibit called for by Steve Webb and me. freedom of speech are faced by individuals of modest Finally, we spend £30 billion a year on tax relief, means who are themselves defamed and have no chance half of which goes to the wealthiest 10% who least of invoking the law to assist them to protect or recover need help to save. That same £30 billion would buy a their reputations. state pension of £20,000 a year for every couple in the The chilling effect is addressed in several of the land. Some £7 billion goes in higher rate tax relief provisions of the Bill published in the House of Commons alone—shamefully left untouched in an austerity Budget last week. The raising of the threshold for bringing which halved the benefits for disabled children. That claims by the serious harm test; the honest opinion £7 billion would fund Dilnot twice over and, if ring-fenced, defence; the single publication rule; the privilege for could redistribute from pensioners in their 60s to peer-reviewed academic or scientific statements; and pensioners in their 80s, from wealthier pensioners who the new statutory defence of responsible publication were higher-rate taxpayers to poorer pensioners who in a matter of public interest will do much to reduce never had that advantage. It would do that in wise, the chilling effect, helping to prevent frivolous or decent and publically acceptable ways. We all talk the trivial claims being brought or threatened which inhibit language of personal responsibility, reducing the role free discussion. of the state, and about the need of the poor who are in I add one point here. It can be and has been argued, debt to simultaneously save for their retirement. Pensions particularly in relation to the serious harm test and the work only for the well-off who do not need them. For responsible publication defence, that the common law the lower paid, their working lives are too fragile and was improving already and that the courts have been insecure for such a lofty perspective. rejecting more trivial cases and have developed the We have to rethink tax relief; rethink savings products, Reynolds defence of responsible journalism. The argument so that we can smooth risk across an entire life; continues that therefore codification in statute is revalue women’s work as increased longevity increases unnecessary and—which is worse—that codification their caring work and their risks; and rethink the stifles the development of common law. However, that contributory state. Pensions would be a good place to argument misses the essential point, which is that making start with all that. the law accessible does not mean making it accessible to lawyers. Members of the public should be able to 5.10 pm look at the law simply on the internet and get a clear Lord Marks of Henley-on-Thames: My Lords, I idea of where the law stands from statute, not have to shall use my time to welcome the commitment to go to their lawyers to get a detailed analysis of the way introduce legislation to protect freedom of speech and the law is moving in the light of recent cases. to reform the law of defamation. I was a member of The cost and complexity of defamation proceedings the Joint Committee on the draft Defamation Bill needs to be addressed. The Joint Committee report under the excellent chairmanship of my noble friend went into some detail on this, and the Government’s Lord Mawhinney, who guided us and the many witnesses response has been sympathetic. The restriction of jury who gave evidence to us courteously and patiently but trials to exceptional cases will go a long way towards always incisively through some difficult areas. making early resolution more achievable. The promise Not only will the Bill implement the commitment in to introduce a more effective early resolution procedure the coalition agreement mentioned by the Minister to involving the determination of meaning and the narrowing revise our libel laws to protect freedom of speech, it of the issues together with more effective case will build on the firm cross-party consensus on the management, strengthening of the pre-action protocol Joint Committee, which produced a unanimous report and greater encouragement of mediation and other in favour of reform. The driver of reform is a general dispute resolution procedures should all help to reduce and justified view that the present operation of the law costs. However, one has to accept that going to law in on defamation inhibits free speech. defamation cases is never going to be inexpensive and There are a number of areas of particular concern. that a great deal of work will be required to make the The first is that libel litigation—or, more insidiously, law more accessible in this area, over and above these because it cannot be statistically measured, the threat statutory reforms. of such litigation—can be and is frequently used to One reform that I believe should be universally stifle discussion and legitimate criticism: the so-called welcomed is the introduction of a general power in the chilling effect. The second is that the present threshold court to order an unsuccessful defendant who loses of seriousness for cases is far too low, which adds to defamation proceedings to publish a summary of the the chilling effect, threatening scientific and academic judgment against them. That answers the criticism debate in particular. The third is that the cost and that you cannot order a defendant to make an apology complexity of defamation proceedings present insuperable that is plainly forced and insincere, but recognises that obstacles to people of modest means who are therefore the defamer who is successfully sued can and should unprepared to risk or resist libel proceedings even be obliged to play some part in the vindication of the when they are in the right. Fourthly, as my noble person who was defamed. friend Lord Thomas of Gresford mentioned, recourse The Bill attempts to tackle internet defamation in a to the English courts, or the threat of such recourse, novel way. This is an area where legislation is very has encouraged potential claimants to bring or threaten difficult. The Government have not accepted precisely proceedings in this country which are not in fact the scheme suggested by the Joint Committee but I 291 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 292 firmly believe that we are right not simply to admit that the current system is focusing too much on statements defeat and say that it is all too difficult to strike a of need and checking that pupils are getting additional reasonable balance on the internet between permitting services, and too little on how much this support is freedom of expression, on the one hand, and allowing actually helping children progress. The review recommended those who are defamed an opportunity to have offensive that schools should stop identifying pupils as having and defamatory material taken down, on the other. special educational needs when some of them simply The provisions for notices of complaint in the Bill and need better teaching and pastoral support, and there for website operators to have an opportunity to respond should be more focus on evaluating the quality and to them seem to be a sensible attempt to strike that effectiveness of services for children with special educational balance. I look forward to debating those provisions, needs. The then Chief Inspector said: and others, in the Bill in due course. “Although we saw some excellent support for children with special educational needs, and a huge investment of resources, 5.17 pm overall there needs to be a shift in direction. With over one in five Baroness Morgan of Huyton: My Lords, I want to children of school age in England identified as having special educational needs, it is vitally important that both the way they speak briefly about a couple of aspects of the gracious are identified, and the support they receive, work in the best Speech. In relation to the first, I should declare an interest of the children involved. Higher expectations of all interest as chair of Ofsted. The Government’s intention children, and better teaching and learning, would lead to fewer to improve the rates of adoption will be widely welcomed. children being identified as having special educational needs. It is both common sense and humane to want to place For those children with complex and severe special educational as many children as possible in warm and stable needs, schools often need the help of health and social care families, so that they can grow up with security and services. All these services should be focused on the quality of love. The new proposals will build on the recent what they are doing, and how well young people are doing as a result. At the moment too much effort is going into simply introduction of scorecards, reflecting a range of measures checking that extra services are being provided”. relating to the speed of placements. We know that placing children with families before This all stands true now. A proper overhaul of SEN the age of two increases the chances of a successful identification and provision is clearly needed. Like outcome. In particular, changes in family law should others, I look forward to seeing the full proposals and really help to speed up the overall timeframe. Ofsted discussing them further. carried out a recent survey report, looking in detail at I wish I could be quite as positive about the 90 cases. This strongly highlighted the delays that can Government’s intentions affecting those in the later take place in court proceedings. One case that was stages of life. Like many others today, I am deeply examined showed what can happen. In this case, a disappointed by the Government running away from judge ordered an independent social work assessment facing up to the challenges posed by the funding of of a grandmother who had already been assessed as social care. The establishment of the Dilnot commission an unsuitable long-term option by the local authority, was a brave and proper act by the coalition Government, with the support of the guardian. The independent but they are now failing to follow through on it. Yes, it social worker’s recommendation in favour of the will be tough and there will be some bad headlines, but grandmother was rejected by the court and the care we all know that fundamental change is needed. This order was eventually granted, after a further unsuccessful weakness is particularly odd when the need for change appeal. By this time, the child was over three years-old is recognised by health providers, local authorities, and the additional assessment had lengthened the charities and the public. Indeed, I think the public are process by more than 10 months. ahead of us on this; they know that you cannot get Having emphasised the need for a speedier process, something for nothing, but they want certainty and it is of course important to recognise the trauma of a security. They want to be able to plan for old age and failed adoption. The key outcome is the life-changing the support that they may need in future. They quite opportunity of a permanent family. Children do not simply do not understand why the Government will need the perfect family, according to a list of prescribed not get a grip and lead from the top, forcing everyone requirements, but they need the right family. These are around the table to get a cross-party solution. Yet, tricky issues but there are no excuses for not trying to bizarrely, the coalition Government put a priority on improve the life chances of some of the most vulnerable Lords reform instead—a weird way indeed to expend children, and there are examples around the country political capital in challenging times. of excellent practice. The differential performance around Under an ancien regime I shared a room in No. 10 the country is indeed very marked. I know that Ofsted with my good friend, now the noble Lord, Lord Grocott, will be keen to play its part by focusing more in then PPS to Tony Blair. I was political secretary. Bruce inspections on the importance of minimising delay, used to put questions of policy through his “How will and that the wealth of experience and knowledge this go down in the Dog and Duck?” test; me through around this House will be immensely important in chatting in the playground. I doubt that Lords reform scrutinising the proposed legislation when it is published. would crop up in either venue, but I think that social I also welcome the review of the provision of special care would. educational needs, but the devil will be in the detail. In 2010, Ofsted produced an in-depth report, A Statement 5.23 pm is not Enough, which showed that inspectors found that many pupils would not be identified as having Lord Jordan: My Lords, in the present circumstances, special educational needs if schools focused on improving for a Government to be business-friendly is a necessary teaching and learning for all. The review also found objective. However, such a goal is not just about 293 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 294

[LORD JORDAN] to improve our statutes, but it is quite wrong to suggest regulatory simplification and limiting inspections. It that complying with the present legislation is damaging must also be about ensuring that companies can get employers’ profits. access to the right sort of help and advice that they If we want to talk about the real cost of health and need to survive and prosper. safety to business, let us talk about the cost to business I want to reflect for a moment on the help that and the nation of not having it. In 2010-11, in addition small businesses need so that they can avoid costly to fatalities due to work-related accidents, of which accidents and losses due to work-related ill health. A there were 171 in Britain, and not including an estimated start has been made with the registration of health 600 deaths due to work-related road accidents, many and safety consultants but much more is needed, thousands of people died before their time due to past particularly in helping to co-ordinate the contributions exposure to hazardous agents such as asbestos and of all the bodies, including the private and voluntary other cancer-causing substances. Twenty-two million sectors, that can help firms to understand their risks days were lost due to work-related ill health and and implement appropriate preventive measures. The 4.5 million days were lost because of workplace injury. Health and Safety Executive, which has had to cut The annual cost to society of workplace injuries and back its telephone information line as part of its ill health, excluding cancer, was estimated by the Health budget reduction, would be ideally placed to draw and Safety Executive at £14 billion in 2009-10. The together safety groups, trade associations and unions cost of workplace accidents is enormous, with each into this kind of national safety effort. fatal accident costing our society about £1.5 million The whole question of health and safety is vital. It and each reportable injury costing £17,400. Over the is not a burden on business, as some Ministers are years, many thousands of individuals and their families wont to regard it, but a vital protection for both have had their lives shattered by workplace accidents people and businesses alike. Its importance links directly and ill health. That is why the case for maintaining to other key themes in the Queen’s Speech: support for sensible measures to control risks to health and safety hard-working families and bearing down on crime. We is so important, and why quite frankly it belittles owe a duty to support all members of the workforce to Ministers who stoop to talk of health and safety ensure that they return home to their families safe and having gone mad. sound at the end of each working day. We must also We have one of the best workplace safety records in bear down on the relatively few unscrupulous employers the world but there is still more to be done, especially whose failure to obey the law that protects their employees’ in tackling the largely hidden scourge of work-related lives and limbs is indeed a crime. health damage. Making progress on these issues is We welcome the reassurances from the DWP Minister, part of the solution to our economic difficulties, not Chris Grayling, that nothing will be done to reduce part of the problem. The most efficient and profitable protection for workers in risky industries, but he companies embrace the health and safety agenda with undermined that commitment by continuing to suggest enthusiasm, as evidenced by nearly 2,000 major that health and safety laws and regulations have been organisations that will receive awards this week from interfering with investment and jobs. This is contradicted the Royal Society for the Prevention of Accidents, of by Professor Ragnar Lofstedt, who in his very competent which I am proud to be president. If the Government review of health and safety law for the Government want to be business-friendly, they must help by targeting said clearly that there is no evidence of that. He said training and advice to companies to enable them to that the Health and Safety at Work etc. Act and acquire a cost-saving safety culture. its subsidiary regulations, whose requirements are qualified by reasonable practicability, were broadly fit 5.31 pm for purpose. In the end, he managed to identify only fourteen outdated or redundant pieces of health and Baroness Walmsley: My Lords, not everything that safety law that could be got rid of, mainly because matters needs to be done by legislation. At this stage, the matters they covered were dealt with by existing the Government should be working just as hard on statutes. It is therefore quite misleading to suggest, implementation as on new legislation. It is perverse to as the Minister did recently at a business forum, that say in one breath that there is too much legislation and by getting rid of such gems as the Celluloid and in the next to complain that there are not enough Bills Cinematograph Film Act 1922, the Gasholders (Record in the Queen’s Speech. In taking that view, I agree of Examinations) Order 1938 or the Gasholders and totally with the closing words of my noble friend Lord Steam Boilers (Metrication) Regulations 1981 the Thomas of Gresford. Government are somehow relieving industry of a colossal I give noble Lords an example. One of the most amount of red tape. In all these cases, because of important Liberal Democrat policies that was inserted Section 1(2) of the Health and Safety at Work etc. into the coalition agreement was a properly funded Act, the same, if not more stringent, requirements pupil premium. The case was made and accepted. remain in place. Research and practice in other countries had proved Indeed, what evidence is there that any of the the worth of such a policy, so we put it in the previous measures being repealed ever interfered with investment Queen’s Speech. We legislated for it and did it. The and job creation? There is none at all. Of course we funding was made available—small at first, but growing must speak out against those petty bureaucrats who every year to £2.5 billion per year by 2015. The purpose overinterpret every requirement, but it is time to stop of the premium is to narrow the gap between rich and demonising all health and safety. Good health and poor, and help to achieve the Government’s other safety is very good for business. Yes, we must continue primary objective of improving social mobility. How 295 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 296 can it be that in a modern, open society such as ours, whether there is a mechanism in place to help them and after 13 years of a Labour Government, a child’s make good decisions. Bad decisions and bad placements destiny is still determined by their background? will be bad for the child and a waste of that precious Now we have to monitor what schools are doing budget. with the premium because we are not telling them exactly Finally, I welcome the strengthening of the remit of how to spend the money. Teachers are professionals, the Children’s Commissioner for England. It is very after all. We need to research what works, look at how important that the commissioner has a new overall the best teachers are spending the money and getting function to promote and protect children’s rights, as results, and make sure that best practice becomes set out in the UN Convention on the Rights of the Child. general practice. That is what we are doing and you do It is a fulfilment of something for which I campaigned— not need legislation for it. In his speech yesterday to against strong resistance from the Labour Government— the National Education Trust, Nick Clegg outlined a when the legislation to appoint the commissioner went package of measures to make sure that this money though Parliament eight or so years ago and ever achieves what children and the country need it to do. since. I also welcome the new powers to carry out Bear in mind that this is linked directly to the assessments of the impact of new policies and legislation Government’s first objective of getting this country on children’s rights. However, I should like to know back on its financial feet. Every child who does not whether this is supposed to be the mechanism that will fulfil his educational potential incurs cost and is a give effect to the promise made by the Children’s potential loss to our future productivity and GDP. Minister in December 2011 that legislation would be None of this needs legislation but it follows up previous scrutinised to ensure that it complied with the UNCRC. legislation and makes sure that it works properly. If so, the commissioner will need much more funding Another initiative, most of which does not require than she has now. legislation, is the new adoption plan that was published May I point out that the Committee on the Rights recently by the Minister of State, Mr Tim Loughton. of the Child expects the commissioner to comply with We are told that an important measure in the children the Paris principles? Therefore, she should be independent, and families Bill will be to ensure that adoptions are properly funded and have the role of protecting children’s not held up by officers looking for a perfect racial rights. She should also be accountable to children, the match. It horrifies me that children can wait an average public and Parliament. In this regard, are the Government of 22 months from going into care to moving in with inclined to accept the idea that the Select Committee an adoptive family. The measures that are being taken to which she should be accountable should, in future, to speed things up are very welcome. However, I feel be the Joint Committee on Human Rights? I believe that more people would come forward as potential that this was raised at a recent hearing and makes a lot adoptive parents if there was more post-adoption of sense, since the commissioner’s powers cover so support. There would also be fewer failed placements. many different departments, not just the Department It is bad enough when a foster placement fails, but for Education, where the responsible Minister sits. when an adoption fails it is a catastrophe for the child Having said that, this is one of the most welcome and and the adoptive family. Therefore, I ask the Minister: important measures announced in the gracious Speech. what measures are being taken to improve post-adoption support? 5.38 pm I should also like to ask about kinship adoption. Baroness Howe of Idlicote: My Lords, I was heartened I am familiar with this because it has happened in my to see in the gracious Speech that the Government’s own family when the child’s mother died, and I believe plans include striving to improve the lives of children it has a very high rate of success. The reason for that is and families, and particularly to support those with probably because it provides a baseline of family love special needs. Noble Lords involved in the Welfare and history on which to base the new relationship. Reform Act and the LASPO Act will remember how Of course, love is a key ingredient in all these caring worried we were about the counterintuitive effects that situations. Could the Minister say whether kinship those Acts—especially the legal aid cuts—were certain adopters will be given the same level of support as to have on this vulnerable group. Therefore, I await other adopters, since the child will still have undergone details of what government action is proposed here considerable trauma in many cases and may need a lot with particular interest, not least in light of today’s of help to settle? announcement about cutting the number of those to I also very much welcome the announcements in be classified as having SEN. the gracious Speech about the new system of providing Today I especially want to encourage the Government joined-up support for children with disabilities or to take decisive and adequately funded action in another special educational needs. My honourable friend Sarah area of gracious Speech—that of reducing and preventing Teather, the Minister for Children, can be congratulated crime, and to do so via the route of early intervention on her very hard work in pulling together legislation with dysfunctional families. Their children are among and a pilot scheme—which is, I believe, the reason why the most likely to end up spending their lives in prison the Bill will not be introduced just yet—that gives a at huge financial cost to the nation. We have known child and his family an education, health and care about the need for early intervention for many years plan that goes right up to the age of 25, and does not but, alas, far too little has been done to tackle its root fall off the cliff at 16 as before. It should be a Lycra causes. Many of your Lordships will perhaps remember plan—seamless both horizontally and vertically.However, that it was more than 30 years ago when Keith Joseph while I applaud the idea of giving parents a budget made his famous “cycle of deprivation” speech. Now, and a choice of how to spend it, I should like to know at last, with the two recent seminal reports from 297 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 298

[BARONESS HOWE OF IDLICOTE] £1.3 billion is lost annually to carers who are unable to Frank Field and Graham Allen, it seems that all political work for those reasons and who have to rely on state parties, and none, have begun to be convinced of the benefits. I hope that the Government will give their need for a different approach. attention to what should be the proper balance in this The coalition’s plans could be tied in with another area. new approach beginning to gain ground in your Lordships’ thinking; namely, a requirement for all Governments, 5.44 pm before legislating, to establish and publish the cost and Lord Warner: My Lords, let me start by saying that expected financial benefit of what is proposed. If that I welcome the Government’s decision to include in happened, and at an appropriate later stage a compulsory their legislative programme a Bill to reform and speed independent evaluation is made as to whether the benefit up adoption processes. That is the end of the good had met those expectations, we might see considerable news. Most of my contribution will relate to adult financial as well as social and economic gain from working social care—on which, given the urgency of the situation, in such a way with dysfunctional and disadvantaged the Government have seriously let people down. It is families. An even wider benefit of such a move might of course true that they have promised a draft Bill on mean that parliamentarians could begin to have less care and support at some time during this Session. hasty and ill prepared legislation to deal with. However, they have still not delivered their long-promised The financial situation is, of course, dire but it is White Paper on reform of adult social care, and the never a good time for initiatives such as these. However, draft Bill will not deal with the most crucial issue: I am convinced that with a determined and properly funding social care. Perhaps the Minister will tell us a funded early intervention strategy, the long term financial bit more in his reply about when we may expect the savings would be considerable. The kind of early White Paper, what he anticipates will be in the draft intervention action needed also is ideal for testing the Bill and when it is likely to appear to an anxious Government’s big society approach. audience. The Government have plans to build on what Sure I turn now to why the Government have really Start centres are doing. More than that, the Minister let everyone down by not coming forward with a for Children and Families, Sarah Teather, announced comprehensive Bill on social care that reforms both in March that the Government will be setting up an the system and its funding. Like my noble friend Lady early intervention foundation and have put aside Morgan, I find it extraordinary that the Government £3.5 million for this purpose. All that is excellent news can find the time and space for a Bill to reform the but there is one big concern. The funding of the House of Lords—a subject of marginal interest to foundation by the Government will be available for most of the public—but cannot comprehensively reform only two years. After that the government funding will social care. It is a system that is acknowledged across cease. It is here, alas, that one’s heart begins to sink. the parties and throughout the public to be broken, With children and young people’s charities facing and it affects large numbers of elderly people and their public funding cuts of £405 million over the next five families throughout the country. It is an extraordinary years, one must have grave doubts about how practical choice of priority. this is, particularly when combined with considerable Perhaps I may say gently to the Minister that it is cuts to local authority resources. At the very least, the also striking that he did not even mention in his Government must bear responsibility for ensuring that remarks that there is a draft Bill on social care and the necessary backers for the commission’s continuation support in the gracious Speech. Therein lies the nub of will be found, together with time and money needed to the problem—namely, that the crumbling social care deliver the anticipated early intervention financial savings. system is something about which the Government do I hope that the Minister can give the House reassurance not wish to talk, particularly in terms of its underfunding. on these points. They did not create the problem and they deserve a Other aims in the gracious Speech to strive to great deal of credit for including the issue in the improve the lives of children and families are welcome. coalition agreement and setting up an independent The sharing of parental responsibilities, which was commission. Here I declare my interest as a member also mentioned by the noble Baroness, Lady Hughes, of the three-person independent Dilnot Commission would be much easier if greater flexibility in working on Funding of Care and Support. When the commission hours were equally available for both sexes—I stress was set up, we were asked to report by July 2011 so the need for men at least as much as for women—and that the Government could produce, with all the silkiness not just for when children are very young. There is of the Department of Health’s slick official machine, a plenty of scope for that flexibility much later in the White Paper in time for legislation in this Session. We lives of children. did our bit and we delivered on time. Not only did we Many citizens will have been heartened by the Prime deliver our report on time, we delivered it in a form in Minister’s promise—I believe that it was two days which the proposals attracted the support of a wide ago—to look at reducing the crippling costs of childcare. range of stakeholders—from carers’ interests and I hope too that the Government will pay particular voluntary organisations working in this field to the attention to the unnecessary costs highlighted in the financial services sector. excellent briefing from Carers UK, which I expect noble Where are we now? No White Paper has yet appeared. Lords have received. It points out that 1 million carers A draft Bill is promised, but it will not deal with have given up work, one in three because there is an funding. The cross-party talks, with a lot of pressure insufficient level of appropriately qualified state care from Labour, have been proceeding in a desultory available. A study by the LSE states that around fashion and with little progress made. The two key 299 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 300 people who have opted out of this process are the amounts of information from many in the southern Prime Minister and the Chancellor. Perhaps the Minister parts of the beautiful country of Wales. It seems that can disabuse us all in his reply, but my understanding systemic corruption by a section of the police has been is that the Chancellor has swept this issue into the next going on in that area for many decades, at all levels comprehensive spending review. We have a situation and involving officers in all types of crime and the where the cross-party talks are going on at Health operation of professional standards. It has done much Secretary and shadow Health Secretary level while the to damage the image of the police. The force has failed guys who hold the key to progress in this area are to comply with Police and Criminal Evidence Act and doing something else. there is an apparent non-adherence to the terms of the In the mean time, things can only get worse for the 2003 Clingham case standards of proof in evidence, state-funded sector, which is where things are really judgment for which was heard in this House. bad. No new financial products are coming along I go as far back as 1987, with the murder of a from the financial services sector to help people save Cardiff newsagent, a dreadful and tragic event, made for long-term care. People in that sector will not all the worse when the men convicted served over produce new products without some clear cross-party 11 years in jail only to have their names cleared in support and views on the future funding system. court and be released. The 11 years in jail followed the Investment in the private sector, particularly in new first trial, in which the accused had their human rights homes and services, is being deferred until there is violated by inappropriate methods of questioning certainty about what the funding system will look like. and by not allowing them at appropriate times legal Day by day, local authorities are tightening their representation. Following the release of the unfortunate criteria so that only the most critical people in need get accused, no action was taken against the police known services. Service quality deteriorates. We have seen a to have been involved in the frame-up, and no apology lot of recent scandals about long-term care of the given. There was just the bitterness of having the elderly, but I do not think that we have seen anything accused back in the community, with their lives, and yet. We are dealing with a sector that is very labour those of their families, ruined. intensive and largely staffed by people at or even below the minimum wage. There is a deficit in the This case from the 1980s may be dreadful, but is state-funded sector and we are at least £1 billion a year only one of many. There are the cases of Hewins, short of what is needed to provide a decent service—and Clarke and Sullivan, the Darvell brothers, Jonathan that figure is rising. Anxiety and fear among the Jones and many more, in which people were jailed who elderly population and their families is now widespread. subsequently had their convictions quashed and were Funding social care has become a ticking time bomb, released back into the community. In all cases, the not least because a financially challenged NHS picks names of most of the police officers who set up the up the tab for the social care casualties who end up evidence that caused the convictions are well known. occupying inappropriate and expensive hospital beds. Some 20 officers are involved, but the believed ringleader, an inspector, has never been arrested yet. Much has I do not propose to do a commercial for the Dilnot been written about their actions, which gave them the report, but the start-up costs of its proposals was opportunity for the named officers to sue the writers 0.14% of GDP and less than 1% of the NHS annual for libel—but, interestingly, they did not. Many journalists, budget. We are living through a time in which the including TV and radio programmes, have explored current figure of 1.5 million people over 85 will double these cases, but no substantial official action appears by 2030. That is why we need to tackle this issue, and it to have been taken against them. Why? is a grave disappointment that the Government are failing to act. It is now for the Prime Minister and As if all the pain and suffering were not enough, Chancellor to start getting engaged. the cost to the taxpayers of investigations and trials was massive—funds that could have been spent in 5.51 pm other areas of policing. I have examined myself the Lord Laird: My Lords, I have noted the gracious tops and bottoms of types of cases handled by South Speech and hope that in this parliamentary year things Wales Police. Now let us consider the police authority. can be changed that should be. For example, I have As from 10 May, the current chairman, a magistrate become increasingly worried about a build-up of and independent member, Mr John Littlechild, will resentment over actual or perceived corruption among have served continually since 1989. When complaints police forces the length of this country. I am aware are made against the police, the authority, rather than that my good friend, the noble Lord, Lord Maginnis acting independently to ensure that the force is monitored of Drumglass, is also particularly concerned about to keep it working efficiently and effectively and meeting this topic. I want to underline that corruption where it all appropriate standards, seems to align with its friends exists is only among a very small part of the overall against all comers. This includes Her Majesty’s Inspector police service. of Constabulary when it makes critical comments. For an example, see police authority minutes of 13 February. In this parliamentary year, the Home Office must The authority in its standards and recording its business take a firm grip of the methods it has to supervise apparently fails to adhere to its own standing orders. existing forces and, if necessary, seek new regulations. For an example, see again the minutes of 13 February. The geographical area that I am concerned about today is south Wales, its police force and the independence As recently as last night, at an Old St Mellons and governance of its police authority until taken over Partners and Communities Together group meeting, by police commissioners. Because I am known for the sector inspector Nicky Flower withdrew her officers having an inquiring mind, I have for years received from taking part in the group meeting. She ignored 301 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 302

[LORD LAIRD] The majority of children in care are in foster placements written requests made to her and copied to senior and fostering is often the most appropriate and effective officials last May to meet with all the village PACT option, but there are often delays in matching children panel members. This group has to date had nine with foster carers, especially siblings, disabled children, freedom of information requests to provide documentation older children and those from black and culture diverse regarding information requested by residents on crime backgrounds. So again I urge the Government to give and anti-social behaviour incidents in the area, and the same level of priority to improving foster placement the action taken. The residents are concerned at the as they do to adoption to make sure that foster carers number of burglaries, arsons and other crimes in the are trained, assessed and approved for this important area. At two public meetings, there have been unanimous role. shows of hands for the information, which is still not Being brought up by adoptive parents with a shared provided, but which is freely given out at other PACT race, culture or language is clearly the best option. meetings in the same area. The number of crimes in However, I believe that the most important consideration the area reported to the Home Office is only a small should be for the child to be matched with loving fraction of the actual number, as claimed by the parents, and that matching children for ethnicity should residents. They attend because in many cases they have not be the key factor when determining placements. been directly affected and suffered loss and cost. The However, we do need to make sure that a better chairman wrote last July for a meeting of the full understanding of the complex issues surrounding race panel, with the chief constable or the assistant chief and culture is encouraged throughout the whole of constable responsible for PACT in person, due to society, and that includes the media. Potential adoptive dissatisfaction. The deputy chief constable stated to parents should also be given support and education on the panel members at force headquarters on 13 February the psychology and philosophy of bringing up a child that she had no knowledge of the requests but would of Afro-Caribbean or other culture within a family of have a meeting. This meeting has still not taken place. a different ethnicity. I hope that the Government will Following the collapse of the £10 million Lynette break down all the existing barriers and carry out White murder trial before Christmas, the chief constable, work to ensure that this will be the case. Peter Vaughan, claimed the loss of the IPCC evidence The proposed reforms offer an opportunity for the documents, saying that they had been shredded. He Government to launch a publicity drive to recruit both then went on to admit, on 17 January, to the Director new adoptive parents and new foster carers, and not of Public Prosecutions, that they had been found. just leave it to chance or to charities. Then, it is hoped, Drastic action must be taken; the only way forward is a more diverse range of people will be encouraged to for the Home Affairs Select Committee in another come forward to adopt and to foster. Adoption can place to be requested to carry out an investigation into occasionally go wrong, so it is great to know that the south Wales constabulary and its police authority. Government have committed to providing support for parents for up to three years. However, I believe that 5.59 pm there should be long-term support to minimise adoption Baroness Benjamin: My Lords, I was pleased to hear breakdown, especially for children in their teenage in the Queen’s Speech the Government’s announcement years, as this can be a particularly challenging time for that the children and families Bill will include a number any family. of proposals designed to improve the adoption and There have been several instances of children in the family court systems. The largest voluntary sector care system being sexually exploited and recent cases providers of adoption and fostering in the country, have highlighted the extent of this evil and wicked Barnardo’s—I declare an interest as a vice-president abusive practice. However, if children could be placed of the charity—welcomes these proposals, which it in stable, loving homes as early as possible, that would has highlighted for many years. be the best preventive action against them being exploited. The Government’s aim to speed up the time it takes However, I would also like to draw attention to another to approve people looking to adopt and the proposal serious issue which affects sexually exploited children that potential adopters, who may have been put off when their cases are taken to court. I urge the Government in the past by the selection processes, are now to be to act now to focus on cases where barristers acting trained, assessed and approved within six months, is for multiple defendants repeatedly and inappropriately a huge step forward. So, too, is the proposal for a cross-examine young victims in sexual exploitation national matching system, helping to avoid the situation cases. Sometimes up to nine different barristers question where there is unmet need in one local authority but the same witness. I strongly believe that these vulnerable suitable adoptive parents in another. However, there witnesses should be better protected from unfair, improper are a number of other measures not included in the and inappropriate questioning, so there need to be proposals, so I urge the Government to focus not just stronger rules and guidelines to safeguard these already on adoption but to use this great opportunity to take damaged young children against suffering even more an overview of the whole care system from start trauma, pain and distress. to finish, beginning with speeding up the process of I, too, welcome the strengthened role of the Children’s endangered children being taken into care by taking Commissioner announced in the Queen’s Speech, which steps to encourage better integration between local is a great indication of the importance placed on authority departments, in particular those concerned children in our society. There is a strong signal in the with child protection and looked-after children, Queen’s Speech that children’s well-being matters. I because in Barnardo’s experience they often do not welcome this opportunity to bring in better policies communicate well. to champion the rights of every child. With the right 303 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 304 commitment and determination we can make sure carers. Not only do they save the nation nearly £120 billion that even the most disadvantaged and vulnerable children every year, but annually 1 million people give up work can turn their lives around and go on to form happy, to care for others. A recent report by Carers UK, sustainable relationships with their own children. The Growing the Care Market, cited by the noble Baroness, feeling of belonging, being loved and wanted is so Lady Howe, suggests that a lack of stimulation of the important to a child. It gives them confidence, resilience, care market means that we are missing out on about self-worth and self-esteem. As I always say, childhood 100,000 potential jobs every year. Heaven knows, we lasts a lifetime, so let us make sure we do everything need potential jobs, given the current situation. According possible to give each and every child happy beginnings. to new figures from the LSE, around £1.3 billion I look forward to hearing the Minister’s response. annually is lost in revenue from carers who are unable to work and have to rely on state benefits. 6.05 pm Most people will become carers at some point in Baroness Pitkeathley: Like so many of your Lordships their lives. They provide substantial care. Those who who, during the many long hours that we spent in your do so for long hours are twice as likely to suffer ill Lordships’ House on the Health and Social Care Bill, health as those who do not. The majority of carers of argued that we needed to make that Bill—now an Act working age say that they wish to work but the services —worthy of its title and to properly integrate social are not there to support them. Speaking to such a care with healthcare, I was immensely disappointed carer yesterday, I was very hard-pressed to explain to be presented with the offer of only a draft Bill on why we in this House had spent almost four days social care in the gracious Speech. It is indeed sad that contemplating our navels and discussing House of we are missing what many observers believe is a once- Lords reform when we had not given the same attention in-a-generation opportunity to integrate care delivery to this urgent issue. systems in a way that matches the experience of the Social care legislation is a complex web spanning user, whose care is not needed in neat packages 60 years of legislation, with more than 43 different labelled “health” or “social care”. Users need care statutes and countless pieces of guidance with the which crosses lives and boundaries, both geographical force of law. Many statutes overlap, some have slightly and organisational, and which is funded in a variety of different interpretations and some slightly contradict ways: by the state, charities, the individual and families. each other. A new law could streamline and simplify My own Government missed an opportunity in this matters, making it easier for public organisations to regard in the late 1990s when they established their deliver services more efficiently and helping service royal commission on social care. Given the consensus delivery organisations to explain and deliver against around the Dilnot proposals, it is a bitter disappointment new legislation. We might then finally get to the stage that the coalition is set to do the same. Indeed, where people understand what their entitlements are. the disappointment is even greater in the case of the So far as concerns carers, such a law needs to incorporate coalition because of the huge consensus around the at least all the rights in the three major cornerstones Dilnot proposals and the promises that have been of carers legislation, which were all Private Members’ made. My noble friend Lord Warner was a distinguished Bills, promoted and supported by MPs and Peers from member of the Dilnot commission. As I and others all parties in Parliament. They are the Carers (Recognition have said endlessly in this Chamber, you will never be and Services) Act, the Carers and Disabled Children able to deliver an efficient National Health Service if Act and the Carers (Equal Opportunities) Act. you do not integrate it properly with social care and Two other vital elements must be addressed: portability national assessment criteria and provide absolute clarity and national assessment criteria. In order to create about what individuals and their families can expect. truly personalised services, we must have a system that As the Care and Support Alliance put it in a letter to allows people to move from one area to another the Prime Minister, reminding him about his legacy without interruption of their care. In order to make for the future: proper care a reality, it is vital that we have national “Social care is in crisis. The system is chronically underfunded eligibility criteria, as suggested by the Dilnot commission. and in urgent need of reform. Without this too many older and disabled people will be left in desperate circumstances, struggling I welcome the opportunity offered by the Minister on alone, living in misery and fear, in danger of losing our to scrutinise draft legislation before it is introduced in savings, our dignity, our independence”. Parliament. We need to do that, and we also need to The letter has already been cited by the noble Lord, ensure that the user and carer organisations have an Lord Adebowale. opportunity to contribute to that draft scrutiny. I hope However, we are where we are and, if we cannot that the Minister will be able to confirm that that is the have proper integration, we must at least ensure that Government’s intention. I also urge the Government the draft Bill that we are to see—no doubt following to bring forward new legislation at the earliest opportunity, the long-expected White Paper—corrects some of the setting out a clear timescale for doing so. Legislation anomalies of the current situation. We must be thankful must start its journey in Parliament in this Session. at least that the Government seem set to amend the Further delay will raise alarm and concern. confused law around this topic, following the excellent Talking of alarm and concern, I return to the issue proposals in the Law Commission report. of funding. Reform of the legal basis and structure of I wish to focus particularly on what the main providers social care cannot solve the current crisis in care unless of care—those 6 million carers—urgently need from it comes hand in hand with reform of social care this draft Bill. I remind your Lordships that there is a funding. We urgently need to bring forward measures very strong economic as well as moral case for supporting to correct the funding crisis and to meet existing 305 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 306

[BARONESS PITKEATHLEY] I commend to the House the work of the Private unmet need so that a sustainable, long-term settlement Equity Foundation in trying to turn the tide on this is created between the state, the community and the issue. Working in partnership with the Government, a family to meet rising demand. new service called ThinkForward has been launched. In essence, it is an opportunity for young people to 6.13 pm receive the individual help that they need to become Baroness Stedman-Scott: My Lords, I, too, was rounded citizens and to make an effective transition pleased that the gracious Speech included a commitment to the workplace. It is delivered at the age of 14, it that the Government will strive to improve the lives of involves prevention rather than cure and it invests in children and families. My motivation for wanting to getting things right rather than trying to clear up a contribute to this debate is the work that I see first-hand problem at a later stage. I hope that this will be rolled at Tomorrow’s People. I therefore declare an interest in out in other areas of the country. that I am the chief executive of that organisation. I would not blame noble Lords if they had started I, too, was interested to hear the comments of the having palpitations at this point. I can hear the call, noble Baroness, Lady Hughes of Stretford, and I sense “How much is it going to cost?”. The working capital that she was in concert with the issues that our young to deliver this does not come from government; it people face in society. With regard to the young people comes from individuals, companies and businesses whom we are talking about and trying to help, we can that are prepared to finance the delivery. Only when spend many hours deciding whose fault it is and how success is achieved do the Government need to pay, their situation has been arrived at, but those young and then it comes out of the savings achieved. The people are interested in what we are going to do about cost cannot stand in the way of doing something. it. It is on that that I wish to speak today. Recently, I met a young man of 17 who was desperate A great deal of effort has been invested in to work. He was bright, keen and responsible. What understanding and proving the need for earlier intervention was stopping him? Was it the labour market? No. His in children’s lives. Much evidence exists to confirm the mother was a drug addict. He had three brothers value of this. My heart was in concert with the noble ranging in age from eight to two. He got them dressed Baroness, Lady Howe of Idlicote, when she referred to in the morning, gave them breakfast, got them ready the need for early years intervention. For too long, for school and delivered them there. He wanted to be effort and finance have been invested in services that near his brothers during the day. Because their mother try to put right the consequences of not dealing with was an addict, they were ridiculed at school, and the issues at an earlier stage. fact that they were not dressed in quite the same way Perhaps I may give noble Lords some examples. as other young people was a real problem for them. He Some 16% of 16 to 24 year-olds in England are NEETs collected them from school, made sure that they got —not in education, employment or training. They home safely, fed them and got them to bed in order are three times more likely to suffer from depression, that they could function at school as well as they could four times more likely to be out of work and five times because he did not want them to end up as their more likely to have a criminal record. The fiscal cost of mother had. those things alone does not bear thinking about. In 2008, If any of us have palpitations because of this injustice the total NEET cohort cost an estimated £13 billion then I shall be pleased, but let our hearts beat quicker in public finance and £22 billion in lost opportunity and with more determination so that we work with costs over their lifetimes. A more compelling case for children and their families to ensure that they are working with children and families at an earlier stage prepared for a productive life and to ensure that that I cannot imagine. Preparing our children for life at life works for them. At the beginning of the debate, my the earliest opportunity is a must if we are to avoid noble friend Lord McNally asked what type of society the human cost of doing nothing, let alone avoid the we wanted to be in. The answer is one that responds to accompanying fiscal burden. those young people and prevents them from having I read with interest a newspaper article this weekend problems, rather than having to cure them at a later by Anthony Seldon, the well known headmaster of stage. Wellington College. His article talks about the wide- ranging role of educating our young people, both academically and socially. While the education system 6.19 pm quite rightly must focus on academic attainment, we Baroness McIntosh of Hudnall: My Lords, isn’t it must not lose sight of the need for a more rounded nice not to be talking about ourselves? I remind the system which focuses on the social development of House that my interests include involvement with a our young people. It is the development and support number of performing arts organisations, including of the whole person that we must strive for. Perhaps the Royal Shakespeare Company and the Roundhouse I may share with noble Lords some more information Trust. I mention that because despite the portmanteau that demonstrates the case. title of today’s section of the debate, the gracious If you are not in education, training or employment, Speech in fact has nothing explicitly to say about you face significant challenges. Half of the parents of culture, and certainly not about the arts. When the such people have no educational qualifications. Many noble Lord, Lord McNally, introduced the debate, he deal with alcoholism, crime and domestic abuse at omitted to mention that culture was even part of home. Four out of 10 come from homes where no one today’s debate. Go figure. This is no surprise because works. At least one in 12 has a medium to high level of I cannot recall when a gracious Speech ever did say caring responsibility at home. anything explicitly about culture. 307 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 308

It is not surprising but it is revealing. In this country convinced that, given a little encouragement, huge we have tended to have an ambivalent attitude to our new resources could be released from the private sector cultural life and heritage, sometimes congratulating to fill the gap. Does that sound familiar? Some of us, ourselves heartily on the success of our artists, our veterans of many years spent developing the delicately tourist attractions, our theatre, our historic buildings balanced mixed economy which keeps our cultural and our vibrant museums and galleries and, at other sector lively, were a little sceptical, but nobody wanted times, we appear to view art, artists and cultural to rain on his parade, except, as it turns out, his right endeavour as variously marginal, frequently ridiculous, honourable colleague the Chancellor of the Exchequer. an unjustified drain on the public purse and not a In this year’s rather accident-prone Budget, Mr Osborne proper job. Having worked my whole life in the performing chose to introduce a cap on charitable donations so arts, I know well how dispiriting indifference can feel that there is now an active disincentive on major to those for whom making a career in what we now donors to give. Many cultural institutions already rely call the cultural industries means years of demanding heavily on such donors, including perhaps some of training followed by mostly under-remunerated those who do the good work mentioned by the noble employment in a fiercely competitive market, in order, Baroness, Lady Stedman-Scott. Worse, the Chancellor, not only to provide pleasure and entertainment for supported, to my great surprise and dismay, by Polly other people but often also to contribute valuable Toynbee but by few others, carelessly implied, in his work in education, health, prisons, as mentioned earlier, attempts to justify this curious bit of double-think, and elsewhere. Glamorous it mostly ain’t. that giving generously to charity is just a form of tax I want to salute our artists, everyone from Oscar avoidance. That was at best inept. I could put it more and Turner prize winners through to those about to pungently as, in fact, the director of the National graduate from our colleges and conservatoires. We Theatre, Nicholas Hytner, put it when he referred to need them and they do us proud. Just because the major donors in a recent article in the Guardian.He gracious Speech says nothing about culture, it certainly wrote: does not mean that there is nothing to say; in fact, just “It is frankly slanderous to suggest that any of them are now there is rather a lot to say, but the speakers’ list is involved in tax avoidance. It is also ridiculous. To qualify for tax long, and we are all aiming to be brief, so, hedgehog-like, relief of £2,500, a higher-rate (40%) taxpayer … would be down £7,500. Call me a financial illiterate, but I can’t see what’s been I have just one big point. avoided here—and many wealthy philanthropists give millions From the moment when the coalition Government away each year”. took office in 2010, it was clear that the public sector He went on to say: was in for a rough ride. To be fair, things would probably have been pretty tough if my party had been “Unsurprisingly, a number of donors are having to reconsider re-elected, but not because the UK economy had been what they hoped to be able to give”. uniquely mismanaged, as we are repeatedly told from I am reliably informed that this damaging effect of the the Benches opposite, but because the world economy Chancellor’s extraordinary decision is spreading. had suffered a traumatic shock from which, as we can see all too clearly today, it is still struggling to recover. Those who give generously to charities, including In these circumstances, no sector in receipt of public the arts, doubtless do so for a variety of reasons, but funds could expect to escape unscathed. The cultural of all the many motives that may be in play I am quite sector certainly had no such expectations, and in the sure that securing a tax benefit is rarely, if ever, the wake of a challenging spending round in 2010, Arts main one because, as Nick Hytner points out, there is Council England undertook, very scrupulously, the little such benefit to these individuals who have, over painful task of reorganising its portfolio of support, the years, helped to make possible the creation of along the way reducing or withdrawing funds to many some of our finest buildings and our most innovative successful organisations. Local authorities followed creative programmes. It is preposterous, and demeaning, suit, faced with their own budget restrictions, and the to brand as tax avoiders people such as Dame Vivien net result, now that the impact of these decisions is Duffield or the Sainsbury family, or the one I know kicking in, is serious damage to the provision of arts best, Sir Torquil Norman, who not only persuaded and culture right across the country. I could list all the many generous people to contribute to his brilliant losses suffered but I will not. I hope that the noble reinvention of the Roundhouse in North London as a Earl, Lord Clancarty, may do some of that for me. creative centre for young people but also put millions However, I will say this: it is easy to take things apart of his own money into the project. He and others like but much more difficult to build them up again. To him have done nothing at all to deserve the slur that quote the song: has been cast upon them. Who could blame them if they chose to take their bats and balls home, although “Don’t it always seem to go, I suspect that they will try to find another way forward That you don’t know what you’ve got being, in the main, resilient and thoughtful people. ‘Til it’s gone”. The Government are entitled to look at every option At the time of the election, this Government, in the for maximising tax revenue, and should do so, but on person of the Secretary of State for Culture, Media this occasion they appear to have scored a notable and Sport, Mr Jeremy Hunt, told the arts sector that, own goal, discouraging the very people whose support despite the inevitability of reduced government funding, they can least afford to lose. Like Hamlet, they have help was at hand. He had a plan and it was called shot an arrow over the house and hurt their brothers. philanthropy. The then bright-eyed and bushy tailed When the Minister replies perhaps he can say what the Mr Hunt—tail a bit straggly now and eye a bit dull—was Government intend to do to right this wrong. 309 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 310

6.27 pm I welcome the draft Bill announced in the gracious Baroness Tyler of Enfield: My Lords, the gracious Speech that is intended to modernise the legal framework Speech contained a welcome commitment to improve for social care; it is much needed. I also welcome the the lives of children and families, and who could commitment to pre-legislative scrutiny. There is huge disagree with that? There is much that I would like expertise and passion in your Lordships’ House on the to say about adoption, and indeed other forms of subject and I very much hope that both Houses will be permanency, including life chances for children in involved in the process. However, the Bill is only one care, speeding up processes in the family courts and element of the radical overhaul that is needed for the improving the assessment and support available for system as a whole. Our goal should be to create a disabled children and those with special educational coherent, consistent and comprehensive system of care, needs. However, I shall save those comments for another with effective strategic planning and commissioning, day because today I want to highlight the complexity improved quality of care, substantial workforce of families by talking about a group who are all too development, more choice and personalisation of care, often put in too difficult and unglamorous a box: proper information advice—and above all, fair and older people who are unable to look after themselves transparent funding as well as a greater focus on early any longer. preventive services. In my experience, family policy often overlooks The forthcoming White Paper, the funding progress older people, both as regards the invaluable contribution report and the draft Bill should be seen and judged that they can make to their own families and the wider as an overall package that needs to add up to community and as regards their own care needs if they considerably more than the sum of its parts. We heard are to lead a dignified life in old age with the quality of a lot today about the Dilnot report. It is well known life that we would all wish for ourselves. It is a stark to many in this House and widely regarded as an fact that over the next two decades, the number of excellent report. It is not the whole answer to the people aged over 80 is set to double in Britain. That problems I described because its remit was to recommend presents major challenges for the way in which public a new funding system. However, the potential funding services are delivered, the way our houses, towns and framework that it offers is by far the best yet produced. cities are designed and the way in which families In short, Dilnot provides a framework for a long-term organise their lives. settlement for funding social care—a partnership between The major shortcomings with the adult social care the individual and the state. The funding model system are well documented and cause people to be aims to eliminate the catastrophic care costs faced by fearful. In brief, the current system is fragmented: some people by capping the maximum amount that there is a postcode lottery; it is extremely variable in individuals contribute over their lifetime, beyond which quality, confusing and hard to understand; it focuses the state will meet all future costs. By limiting people’s on crises cases and high-end needs rather than on liability in this way it is expected that a market will preventive action; and, of course, as we have already develop with new financial products so that people heard, the funding is unsustainable. Many carers and can insure themselves against the costs of their those needing care find themselves let down by a contributions. faltering service and others find themselves having to There are many other very good recommendations sell their homes in order to pay for the care that they in the report, such as national eligibility criteria for need. Of the 2 million older people in England with services and portable assessments between local authorities. care-related needs, nearly 800,000 receive no support However, I will focus on why it is so difficult to make of any kind from public or private sector agencies. As progress. Some have argued that the Dilnot proposals the Health Select Committee stated in its recent report are too much about protecting the wealth and property on social care, it comes as a great shock to many of the majority and not enough about targeting help people to find that while the care provided by the NHS on the most needy. I do not see it that way. I see the is free, care services such as help with washing and Dilnot proposals as being about sharing costs and preparing food at home are means tested, and many risks rather than about protecting the wealthy. At the will have to pay for them. moment, individuals assume all the risks of becoming Every family in the land is affected by the issue. It unwell or disabled or having care needs, especially in is no respecter of class, income, geography or ethnic old age. People who work hard all their lives to provide group. That is why I consider it to be the biggest social for themselves and their families risk losing everything policy challenge facing the country. Caring for older and being reduced to a threadbare existence through people affects everyone in the family—particularly simple misfortune. women. Increasingly, families find themselves caring Of course there is a key concern about affordability. for the needs of three, four and even five generations. In the current economic climate that is understandable, This can place a huge strain on those caught in the but it does not preclude the Government from committing middle. They may find themselves simultaneously to key principles governing the future funding framework, supporting teenage children, looking after young including a cost cap, and considering the phased grandchildren and caring for elderly and frail parents introduction of the cap with its level perhaps recalibrated or even grandparents—all of this at the same time as as economic conditions improve. While those details being at their most stretched in their working lives. No are being sorted, immediate steps could be taken at wonder they are increasingly called the squeezed or modest cost to help people start planning for the sandwiched generation. Of course, it makes the new future. These include creating a deferred payment legislative measures proposed on flexible parental leave scheme and developing comprehensive information and flexible working particularly important. and advice services. 311 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 312

In conclusion, I agree with Andrew Dilnot that this I hope that your Lordships’ House will still be in is primarily a moral crusade. Future generations will operation at that time. We cannot avoid facing up to not forgive us if we duck the issue simply because it is this financial pressure. Local authorities faced grant difficult—as indeed it is, particularly with the economic reductions of some 25% to 30%. The LGA reckoned climate being so tough. I urge the Government to be that in the past year about £1 billion was taken out of courageous and to start embarking on the path now, social care budgets. The symptoms of this financial particularly if a cross-party consensus can be found, pressure are all around us. We remember the collapse and to start a national conversation about the political not long ago of the Southern Cross care homes. The priority that should be given to this area, and the fact that local authorities have again not increased the trade-offs that may be needed in other areas. We owe it fees they pay to care homes has created huge financial to future generations and we must not let them down. pressures there. The noble Baroness, Lady Tyler, mentioned the home care system. When I got into 6.35 pm local government, it was there as a backstop to give Lord Smith of Leigh: My Lords, this is the first support for people to stay in their homes. Now the occasion for more than a year that I have spoken in criteria and the allocated time levels have been reduced your Lordships’ House, because in March last year and it is inadequate to support many local clients in I was taken seriously ill. Thanks to excellent medical their own homes. care from Wigan Infirmary and particularly the Christie The greatest danger of the squeeze on social care is Hospital in Manchester I am back and in reasonably its impact on the NHS. If you look at the NHS, you good health. I have always taken an interest in health can see an increase in the number of emergency admissions in your Lordships’ House because of my role as a local for older people. It is 12% and rising since 2005, but authority leader. I declare that interest as well as my for people over 85, the increase has been 48%. Because vice-presidency of the LGA. Of course, my own people are unable to get proper care support, the experiences have reinforced my belief in the need for length of stay in hospital is increasing. On the acute good healthcare. This was my first time in hospital ward where I was, I observed a patient who was kept since I had my tonsils out at the age of four, and the there simply because he was unable to feed himself passion I feel now for the NHS was reinforced by the properly. Therefore he was kept on an acute ward—with experience. all its costs—because he could not manage at home. I was pleased that the Queen’s Speech had something Over the past decade we made considerable progress in it about social care; I thought that at last we were with the problem of bed blocking. We are now tipping tackling the issue. Of course, when the details came the other way. My observation was that people are out we saw what was involved in the proposal—a draft beginning to block beds because the NHS is facing its Bill on eligibility. We know that it is necessary, but own financial crisis. Although the settlement in the given the scale of the problems and the financial crisis comprehensive spending review has flat-lined, because in social care, it is woefully inadequate. I hope that the of this inexorable rise in the elderly population, the coalition will not hide behind this approach and try to NHS must find productivity savings of some £5 billion dodge the issue of long-term funding in healthcare. a year. Unless we get social care right, the NHS will The current system of social care is not fit for not be able to achieve those savings. The inadequacy purpose. As the noble Baroness, Lady Tyler, said, its of the treatment of old people already in hospital was operation is incoherent and a mystery to many people. revealed by the recent Care Quality Commission report Clients and families do not understand the system, about the poor quality of care that many old people what they are entitled to and why there are so many get in the NHS. It will get worse as an increased unacceptable variations between different areas. For burden is put on it by the inability of local authorities one in 10 people who need social care, it has a catastrophic and others in the social care field to do it. financial impact. We need to make sure that we do We cannot continue to patch up this failing system. something about that. The fears that people have We have to make radical change. Many noble Lords about growing old are something that we ought to have mentioned Dilnot and so I will not go into that. tackle in a proper manner. More resources are necessary but that is not sufficient Clearly, the financial squeeze on local authorities to deal with the problem. We have to look at the is the main problem. The increase in the budget for problem in a different light and in different ways. I social care that we have seen over the past decade has have been a councillor for a fair number of years and lagged well behind the increase in the whole NHS we have all talked about the need to integrate health budget. This increase meant that more went to people and social care. We talk about it, but it has never with physical and learning disabilities—and quite right, happened properly. Only 5% of budgets are properly too. However, there has been a 6% increase in the pooled across the NHS and local authorities. We need number of old people over the period. Therefore, the to do much more about that. We also need much more amount of money available for the care of the elderly innovative approaches if we are to deal with the crisis has reduced in real terms. As other speakers said, the before us. number of those aged 85 and over has increased by Integration with health budgets needs to be done. 25%, with associated costs because people have much We could have a single pot of health and social care more complex needs at that age. budgets sent to a locality based upon assessment of Given demand pressures, it has been extrapolated need, which would not simply be age-related—although that by 2024, all of local authority budgets will go on that would clearly be an important factor—but also care. Clearly, 12 years ahead is a long time for Ministers related to the needs of the population. We need a to think; their timescale is much shorter. However, much more joined-up approach in the way we deliver 313 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 314

[LORD SMITH OF LEIGH] essential element in a society that promotes well-being, services. I suggest that the NHS needs to engage with because well-being is concerned with fostering positive local authorities much more in the community budget activity that enables people to flourish. An objective pilots, which look at innovative ways of delivering. If of the Age Well project is to examine the ways that the we want to avoid that meltdown in social care, we all various media impact on the mental well-being of as politicians, whether at national or local level, need baby boomers, through reflecting their interests and to work together to find a solution. It is urgent and needs and looking at how they might provide a better cannot go into the long grass. balance between the positive and the more challenging aspects of growing older. 6.43 pm Culture and the arts can affect mental well-being in Baroness Young of Hornsey: My Lords, I am glad to many ways. Participation in cultural events can contribute follow the noble Baroness, Lady McIntosh of Hudnall, to social cohesion, reduce isolation and loneliness, and this afternoon, as she laid out some key concerns of support initiatives that develop understanding between the arts and cultural sector which I share. In particular, generations—an increasingly important issue in the I share her disappointment at an apparent lack of context of an ageing society and diminishing resources. interest or understanding of arts and culture. I am Cultural activity can contribute to skills development particularly disappointed by the sense of a lack of a and lifelong learning, help to sustain vibrant communities strategic approach; of any sense of what is expected of and grow the economy. Culturally enriching experiences the sector, where it is meant to be going and what lies increase appreciation of aesthetics, cultural artefacts, in store for us. However, in my contribution to the historic and global performance traditions, and historic debate on the gracious Speech, I want to draw attention buildings. I should declare an interest as an English to the role of culture in relation to the concept of Heritage commissioner. well-being, with specific reference to older people. Fostering this appreciation can develop a sense of I would like to thank Mark O’Neill, the director of meaning, continuity and connection for individuals, policy and research at Culture and Sport Glasgow, families and communities, and a confident curiosity and Janis Grant, project manager for the Mental about the world. These qualities are especially important Health Foundation’s Age Well project, for their help in during times of rapid and difficult change. That is why providing information for my comments. The Mental it is essential that local and national government promote Health Foundation established a panel of inquiry in them and contribute to the funding of arts and culture. 2010, which I have had the pleasure and privilege of Since 1996 more than 15 large-scale epidemiological chairing, to investigate the challenges to mental well-being studies, published in, for example, the British Medical that people born between 1945 and 1955 are likely to Journal, have found evidence that cultural attendance face as they age; and to explore what can be done to improves health so much that people actually live protect and enhance mental well-being for that cohort. longer. This is not about art therapy or even taking State funding of culture began on the basis of a part in creative activities, but simply about going to Victorian intuition that new institutions were needed concerts, museums, art galleries or the cinema. The to replace earlier forms of community life which had findings of the original study have been confirmed, been undermined by industrialisation, migration to and key issues such as causality and effect have been cities and rapid population growth. There is now tested and addressed. significant medical evidence that the institutions they As the population age balance changes and more created have had the intended effect. Cultural participation people live for longer, if they do so with high levels of makes a positive and measurable contribution to human mental well-being, they are more likely to experience well-being. These studies conclude that public investment less mental illness, better physical health and reduced in cultural services is an essential element in a preventive use of health and care services. They will live not just public health strategy. longer but better-quality lives. In an ageing society Culture has been particularly important in defining and with greater focus on increasing the quality of life the so-called baby boomers: the first generation to be post-retirement, there is a need to provide enriching, raised on television, influenced by advertisements and meaningful and stimulating activity which can be enjoyed have their own record players, transistor radios and so in later life. Cultural and leisure services provided by on. They were key to creating popular culture in all its local authorities have in the past done this on a large manifestations: fashion, music, dance, youth culture, scale. We will see what impact the cuts have on that talent shows, theatre, film and so on. As the cohort activity in future. However, there is no doubt that grows older it will continue to look to existing, emerging these services will become increasingly important. and as yet unthought-of cultural forms for stimulating Sustained public funding for arts and culture at all leisure activities through a range of different media, levels is essential to ensure that all citizens have access including the internet and social media. The recent to cultural opportunities. government public health White Paper Healthy Lives, Healthy People defines well-being as, 6.50 pm “a positive physical, social and mental state … Good well-being does not just mean the absence of mental illness—it brings a wide Lord Macdonald of Tradeston: My Lords, the debate range of benefits, including reduced health risk behaviour … today is taking place against the background of what reduced mortality, improved educational outcomes and increased has been described as the “greatest political media productivity at work”. scandal” of our times. I have borrowed that judgment Mental well-being means that people can enjoy from the recent report by the House of Lords their later years and cope with some of the challenges Communications Committee, on which I served during that growing older brings. Cultural activities are an the previous Session, entitled The Future of Investigative 315 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 316

Journalism. Our report was published in February, business models based on classified advertising are and since then the continuing revelations from the being destroyed by competition from the internet and Leveson inquiry have maintained the pressure for many titles are closing. An early debate in this House media reform. Lord Justice Leveson is not expected to on these issues based on the recent Lords Communications publish his recommendations until the end of the year, Committee report on journalism would be very timely. and it will then be for the Government and Parliament Unfortunately, the formal response of the Department to decide what legislation or reform of media regulation for Culture, Media and Sport to our committee’s might be necessary. Given the timetable, Leveson’s concerns has been delayed because the department findings should help to inform the parliamentary debate wants to wait for the Leveson recommendations at the on legislation promised in the gracious Speech to end of the year. That may be understandable, and the reform the law on defamation. Secretary of State, Jeremy Hunt, is no doubt preoccupied However, as your Lordships will be aware, a great with the Leveson inquiry and his present difficulties, deal of work has already been done to shape the new but there are important matters on the media agenda Defamation Bill. Back in January 2010, concern about which must be advanced in the coming year. the workings of our libel laws prompted the then Last week, the media regulator Ofcom invited Justice Secretary, Jack Straw, to set up an expert applications to run 21 new local television stations working party. In initiating that review, the Labour across the UK. That is a bold personal initiative by Government looked to tackling injustices such as powerful Mr Hunt, but his confidence in their commercial claimants using our courts to pursue legal actions at viability is not yet widely shared. Another controversial great expense where publication had caused no substantial task for Ofcom is its consideration of whether, in the harm, and to curb so-called libel tourism by foreign light of allegations of hacking and corruption, the parties pursuing matters of little relevance in this broadcasting licence of BSkyB is in “fit and proper” country through our courts. Labour also wanted to hands. Related questions about media plurality will simplify and strengthen the legal defences available also no doubt surface in the coming Session. The against actions for libel. Another primary concern was Government have promised that the UK will have the the expense of lengthy court proceedings and the fact best superfast broadband network in Europe by 2015, that at times these seemed to be used to stifle debate which is another very challenging target. There are on matters of public interest. also public service television licences for channels 3 and 5 to be renewed, or not, by 2014. A Green Paper The working party set up by Labour helped to lay on media policy was scheduled for publication last the foundations for the coalition Government’s draft year, to be followed by a White Paper this year and Defamation Bill, which was published for public then by a draft communications Bill in the spring of consultation and pre-legislative scrutiny last year. I am 2013. Unfortunately, even the Green Paper is not now sure that noble Lords will join the noble Lord, Lord expected until the end of this year. Again it seems that McNally, in congratulating the Joint Committee of we may be waiting for Leveson. In the mean time, both Houses on the thoroughness with which it scrutinised evidence of more purposive activity on media policy the draft Bill. The recent government response to the options by the DCMS would be reassuring. Joint Committee report accepted its advice on some To be fair, another departmental distraction must issues and promised further consideration of other of course be the preparations for the London Olympics recommendations. I trust that when the Defamation this summer. So, to conclude on a more positive note: Bill is published, it will continue to command broad all credit to the DCMS for its Olympian performance support and that freedom of speech will be better under both the Labour and coalition Governments protected. over the past seven years. Major projects have actually Lord Justice Leveson’s terms of reference ask him been delivered on time, which is not a common occurrence to, in the history of Olympic Games. The department has “make recommendations … for a new … regulatory regime which also invested in performance, so we now look forward supports the integrity and freedom of the press … while encouraging to the achievements of our British sports men and the highest ethical and professional standards”. women and wish them every success. That is not easy and I will not attempt to anticipate the inquiry’s findings. However, having spent most of 6.56 pm my working life in television subject to regulation Lord Sawyer: My Lords, I would like to speak which required reporting to be accurate and impartial, briefly about social exclusion. I do not think it is I say that it might reassure print journalists to know necessary to persuade the House of the need to tackle that our regulatory regimes did help to maintain standards this issue. My right honourable friend Alan Milburn and often protected serious programme-making, albeit in the previous Labour Government, the Deputy Prime with occasional private and public spats. Minister and the Education Secretary in this Government, It is also encouraging that, despite cutbacks in most as well as the noble Baroness, Lady Stedman-Scott, in budgets, the public service broadcasters—the BBC, an interesting and helpful speech today, have all made ITV and Channel 4—say that they will strive to maintain the case which does not need to be repeated. Instead, their commitment to investigative current affairs. I welcome and commend to Members of the House Regrettably, editorial budgets are under increasing the report of the All-Party Parliamentary Group on pressure in newspapers where falling revenues are Social Mobility which has been published in the past undermining the ability of journalists to deliver in-depth week. What I like about it is that it adopts what I specialist coverage in important areas of public life. would call an holistic approach to the problem. It That is particularly true in local newspapers where recognises seven key truths about social mobility. 317 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 318

[LORD SAWYER] owners and managers of football clubs throughout The report states that the point of greatest leverage the country, certainly in the Premier League, to try to is what happens between birth and three years-old do something about social exclusion. primarily in the home, through to education, emphasising I thought about my time with Britannia Building the importance of good quality teaching. It then looks Society after I ceased to be a trade union official, and at the after-school culture, the role of higher education what a great business it was and how hard it tried to and what are described as post-education pathways. give its employees confidence and personal growth Finally—this is the point I want to say something and development. It was always trying to help people about today—the report looks at personal resilience from Leek, a small town in Staffordshire, to become and emotional well-being among those who are socially the best in the world. What a great thing to say to excluded in our community. The report reckons that somebody who comes to work in Leek: “We want you this is an area which has not been fully explored and it to be the best in the world”. That is the sort of thing asks questions about what might be done. I would like that we need to do. We do not need to look to the to offer some feedback in this respect. public schools; we need to look to our own organisations The report suggests that the way forward is to try to and communities, the things that are already around replicate confidence in young people along the lines of us, and we need to look at ourselves. There is a lot that fostering what it describes as “public school confidence”. people in this House already do, and a lot more we I think that that is the wrong approach. What you have could do. to do with young people who are struggling to climb When I speak to the students at the university, the education or employment ladder is to work with I always tell them that they can be the best in the individuals and with the community in which they world. The fact that they did not go to Oxbridge or to find themselves. In other words, an individual’s confidence a Russell group university, the fact that they come must be built up within the community they come from poorer homes, the fact that they have really had from. To pull in something from outside, like “public to struggle to get to university is something that they school confidence”, in my opinion would be to send should be proud of. They should be as confident and the wrong message. as proud of themselves as anybody from any other I will never lose sight of the fact, particularly walk of life. That is really the message from that part considering the area of the north-east where I come of the social exclusion report. from, that these communities were once proud and Of course, social exclusion is about the whole seven- confident. Now they have problems because of economic point agenda, but if you are going to focus on confidence, change and unemployment, but they are still communities self-esteem and ambition, and building those things and they do not want to be told what to do by into young people who may not have the right mix at anybody from outside. In their own way they are still any time in their lives, it is important to do it with proud, with their own culture, humour and way of life. authentic organisations and people in the communities What is important in helping to overcome social exclusion that they can relate to, so they can get some feeling is to work with the grain of these communities on the that it is possible for them to achieve what they need to things that the people value and understand. in order to do better in life. In order to help gain confidence, self-esteem and 7.03 pm ambition—all the things that we have all probably tried to help our own children to achieve—we need Lord Roberts of Llandudno: My Lords, many Members to emphasise the importance of people working will have heard of the Watoto children’s village in together. There are organisations that could help a lot Kampala. It is a village of about 1,600 orphans whose more than they do at present. I was thinking about parents have died of AIDS. They have come from the the TUC—what a terrific track record it has of most dismal circumstances. They have choirs that go helping people to overcome social exclusion. Can around the world promoting and advocating the work your Lordships think of any other voluntary organisation done by the Watoto community. They were singing where a man who began life as a postman could end here in Parliament about two years ago and I hope up as a Cabinet Minister, or that a woman from that they will be singing here again in July. my union, Jane Kennedy, who started out as a care After they sang last time, I asked them what they assistant, could become a Government Minister? wanted to be when they grew up. “I want to be a That is a real pathway to achievement and success. If nurse.” “I want to be a vet.” “I want to be an airline harnessed properly, the trade unions could be a great pilot.” I came to the last little lad, a sturdy 10 year-old, asset in helping to overcome some of the difficulties of and asked him what he wanted to be. “I want to be social exclusion. I hope that colleagues and friends President of Uganda.” I thought that was a wonderful who are involved in this work will give that some ambition. He had a dream—children have dreams, thought. they have aspirations, they have talents. One of the I was also thinking about football clubs. The greatest great needs of this time is for people to share their cultural icon in a very deprived area of Middlesbrough— dreams and to be helped to find the necessary ladders where, incidentally, I am the chancellor of the to achieve their ambitions. university—is the football club. If we can get footballers Of course, this is true overseas, and I am so grateful to go out to talk to young people and try to give them that in the Queen’s Speech we had a commitment of confidence and self-belief, even if it is only in being a 0.7% of GDP for overseas development. I am also good footballer, that will be massively important. glad that we have made another significant contribution Parliamentarians could engage in a dialogue with the for Christian Aid Week. We are helping those overseas 319 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 320 to achieve their dreams. It is not just overseas; there is would show real maturity, that we are not just politicians a need in our own country to share the dreams of with eyes on the next election, and that this is a children everywhere and give them the resources necessary Chamber of statespeople, aware of our responsibilities so the world might benefit from their contribution, to not just to the next election but to the next generation. remove the barriers that so often prevent children from aiming high and achieving their potential. 7.09 pm We all know that the background children come Baroness Hollins: My Lords, it was encouraging to from is often very difficult and can stifle their ambitions hear Her Majesty address important aspects of care right from the early years. Somehow we have to overcome relevant to those with learning disabilities. I should this and find some way of transforming the problem mention my own interest in learning disability, particularly areas to make them areas of opportunity. This can be as a past president of the Royal College of Psychiatrists. done. There are exciting projects already and in other I also worked clinically with people with learning places we must encourage co-operation and discussion disabilities for 30 years until I retired from the NHS between churches, voluntary organisations, youth in 2008. I have also had policy secondments to the organisations, local councils and even the police to Department of Health to advise on learning disability. find a better way forward for these children. Perhaps most importantly, my son is an adult with a The best thing of all is if these projects are led by learning disability, and many of the issues that I shall people of the children’s own communities. We are refer to today are, or have been, relevant in his life and often looked upon by people outside with great suspicion therefore in mine. as comfortable people living in comfortable circumstances The care and support Bill and the children and earning a comfortable income—and that is true. Somehow families Bill both have the potential to improve the it is so difficult, especially once you come here, to be lives of those with learning disabilities, and those who able really to empathise, to share the concerns and the care for and about them. We hear that the care and struggles of people outside here. We need to encourage support Bill will try to simplify the current care system, people from the children’s own communities. If I go a system described by the Dilnot commission in 2010 into a community and I am a stranger, they will say, as “complex and opaque”, and more recently by last “Look at him. He knows nothing about our struggles”. year’s Law Commission report as an “incoherent People should be encouraged in different ways go into patchwork of legislation”. I understand that the care their own communities to work with the young people— and support Bill intends to replace provisions in at and the older people. In my part of the world, new least a dozen Acts with a single statute. arrivals are often looked upon with some suspicion: Such simplification could be in the interests of “This family have only been here for 34 years. They those with learning disabilities and their support networks. have not settled down. They have not become part of This Bill supports another recommendation of the us”. People should be encouraged to take the lead in Law Commission report, which was addressed also in their own communities, helping people over the cultural A Vision for Adult Social Care White Paper: that of hurdles that they face. making the system genuinely more person-centred. The Queen’s Speech also contained promises to This also has synergy with ideas in Think Local, Act improve parenting and support family life. It is often Personal, the 2010 partnership agreement between said that education is the key to so much of this—the local government and the provider sector. key to tackling youth unemployment and boosting the Charities such as Mencap and the Challenging hopes of young people. I speak to teachers frequently, Behaviour Foundation believe that the provision of and they are wonderful people, but the morale is so person-centred, comprehensive local services is central low. The mountain of bureaucracy that they have to to preventing appalling abuse such as that exposed last tackle is preventing them being the inspirational teachers year by “Panorama” at Winterbourne View in Bristol. that they could be. I dream that every child will be Several different investigations are following up what treated as an individual, with different strengths and happened at Winterbourne View and, until the criminal different needs. “Same size fits all” does not work here. prosecutions have been completed, final conclusions We should look at every child and see how the teachers, will not be reached. I am sure that noble Lords will as champions of the rights of each individual pupil, join me in hoping that strong recommendations will are able to exert their inspiration, talent and skills in emerge from this intense scrutiny and that they will be the best way possible. taken note of in the new legislation envisaged during this Session. I am very sad at the standard of some career In July last year, I asked a Private Notice Question guidance. Perhaps Miss Jones—or Roberts—has a about Winterbourne View. One part of my question free lesson on Thursday at 2 pm and is told, “You do related to the Mansell report, which gives guidance on careers”. Especially in a time of high youth unemployment how to manage and support people with learning when there are not as many opportunities as there disabilities and challenging behaviour in the community, used to be, we need the most skilled teachers in personal rather than export them a long way from home to relationships with the children to direct them to the private hospitals such as Winterbourne View. Challenging most suitable opportunities. We must put career guidance behaviour is complex and requires management by at the very top of our agenda. those with specialist knowledge and skills. One of the Finally, as a Chamber, as a Parliament, we must be issues raised by investigations into Winterbourne View prepared to be far more united in the way we tackle was that Castlebeck was using unqualified staff to these problems, willing to work as one, to overcome work with some of the most complex patients in the the blight of unemployment and hopelessness. That system. 321 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 322

[BARONESS HOLLINS] The White Paper, A Vision for Adult Social Care, While being unethical, this is also a false economy. recognised that self-directed support can help to prevent We know that early intervention with expert care at a or reduce the risk of harm and abuse. There is also the stage when behaviour first appears is vital if the reason critical recommendation in the Dilnot report that: for the behaviour is to be understood, extinguished “Those who enter adulthood already having a care and support and prevented from becoming a life-long battle for need should immediately be eligible for free state support to meet patients, their families and services trying to help their care needs, rather than being subjected to a means test”. them. Experienced and well qualified professionals It seems that the children and families Bill intends to are sometimes seen as too expensive, and employers secure this entitlement and I welcome it. may seek to replace them with cheaper alternatives. However, cheaper often means less qualified, and as 7.17 pm Winterbourne View has shown us, this can be severely detrimental to the care of some of the most vulnerable Baroness Sherlock: My Lords, I want to focus on people in society. what was not in the gracious Speech and should have When the aim of a care system is to be person-centred, been. That is probably what is known technically as a how can this truly be so without that care being target-rich environment, but I have had to narrow portable? I am pleased that other noble Lords have down my remarks for the purpose of the seven-minute referred to the importance of portability. This issue time guideline. I want to focus today on children and has been raised by numerous reports and in the Private families. Member’s Bill of my noble friend Lady Campbell, the I spent seven months recently sitting on the Riots Social Care Portability Bill, which had its First Reading Communities and Victims Panel, something which in the previous Session. As it stands, a disabled person anyone who has spoken to me for more than five must negotiate a new care and support package every seconds in the past six months will know all too much time they move from one local authority to another. about. We produced our final report at the end of Thus, those with disabilities are denied the freedoms March and I commend it to the House. There will, that others can enjoy, partly because of the fear of not I hope, be a Question for Short Debate on it soon, so receiving equivalent levels of care and support in a I shall not dwell on the generalities. However, I shall new locality. focus on something which may be particularly relevant today. I recognise the limited value of personal experience, but I shall tell a story about my son. Ten years ago I was struck by one set of statistics produced by the when he moved to his current home, the new local panel, showing that about a quarter of the convicted authority appealed to the Secretary of State to try to rioters were under 18 and that about three-quarters get a ruling that it had no responsibility for the cost were under 25. Forty-six per cent of the under-18s of his care and support. It was unsuccessful, as were were living in poverty; 66% had special educational many other local authorities facing similar requests to needs; and 30% were persistently absent from school. support people who had moved into their area. Ordinary These were young people who had already had challenges, residence rules are now much better established, but so what happened in the riots was not simply happening there is still no requirement or expectation that, for to a random selection of our young people. somebody moving today, the new local authority will Many people and agencies were responsible for honour an assessment conducted by another local that, which the report goes into in detail. We found authority. that too many families were not getting the support Ten years on, my son again wishes to move house. that they needed to raise children. In the wake of the I have recently spent several hours in meetings and riots, people were very quick to blame parents. Everywhere completing assessment questionnaires, knowing that we went, we asked communities who was responsible. I will probably have to repeat the exercise again in a They identified a range of people, with parents always few weeks with his new local authority, with no certainty coming high up in the list. However, when we talked to that his support plan will be honoured. This is happening parents, they would often say that they could not get all over the country. It is a waste of officials’ time, a the help that they needed. One worker described very waste of disabled people’s and family carers’ time, movingly working with a woman who had had terrible stressful and, frankly, discriminatory. problems with her children. She had said, “You know, people keep telling me I need to sort things out, but My hope is that the care and support Bill will nobody tells me how. Please will somebody help me to address the question of portability and adopt the do that?”. A lot of money is already going into working suggestions of my noble friend in her Private Member’s with vulnerable families with children, but there is a Bill. I would be grateful if the Minister could comment real question as to whether it is going to the right place on this point. and doing the right things. The children and families Bill proposes to assist The Government have their 120,000 problem families, young disabled adults by offering them the opportunity and I commend that work, but that is essentially crisis of further education until the age of 25 and to give intervention. It is going to help a very small number of them the right to a personal budget. The transition to people who have a significant need which has already adulthood for young people with special educational manifested itself. That still leaves a significant problem. needs is notoriously difficult. Those with learning We estimated that at least half a million forgotten disabilities often benefit from extended time in an families are bumping along the bottom. They never adult college, which has the resources to prepare them quite hit the now very high threshold required to get to the best of their abilities for life in wider society. them the help they need to get off it. That is a 323 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 324 problem. We asked the Government to look afresh at sad to think of the lives wasted and the contribution how they direct support to vulnerable families. I ask that they could have made. What is really heart-breaking the Minister to think about that today. is to think that we had a chance to stop it and did not. We set out a few principles. I will highlight a couple I hope that the Government will look at this. of them. First and most obvious, that kind of intervention needs to be evidence based. Where there is evidence 7.23 pm that it works, such as the Family Nurse Partnership Lord Stoneham of Droxford: My Lords, in this Programme in which the Government have invested, it debate I want to take up the theme raised by the noble should be rolled out quickly and not simply focus on Baroness, Lady Hollis of Heigham, in her speech on small numbers of people. Secondly, as the noble Baroness, the future of pensions policy. I congratulate the Lady Howe of Idlicote, pointed out so well, interventions Government on their decision to move ahead with a need to be timely.Ideally, the issues should be pre-empted new pensions Bill, to complete the reforms of the or identified and dealt with as soon as possible to stop Turner commission and the work of the last Labour them becoming acute. The costs of not doing that are Government. This will create a single-rate pension set enormous and yet we consistently fail to do it. I know above the pension credit standard minimum guarantee that money is tight, but that is true in the health and formalise the strategy and process to determine service and we do not simply say, “Sorry, we will not the future raising of the pension age. The one overriding do vaccination programmes this year because they are objective in the pension field must be to simplify in quite expensive”. We recognise that the costs of not order to improve understanding. A single-tier higher doing that are significant, even if some of the people pension will reduce the complexity of means-testing vaccinated may not have got mumps anyway. None and the disincentive to save, but only for new pensioners. the less, we invest the money in it. Yet,we systematically It is essential to do this to complement the introduction fail to learn that in other forms of intervention. of auto-enrolment in pensions starting later this year. Thirdly, there needs to be a whole-family view. Too We obviously need a new, simpler structure, but is often, we came across cases where no individual member that enough? As yet, we have no idea how many will of the family quite hit the threshold for getting help opt out of auto-enrolment or what they will make of it yet taken as a whole the family was, frankly, dysfunctional. when they change jobs. We are hoping that an extra That is a real problem in the way that the different bits 5 million to 8 million people will start making extra of the state which engage with families are either not pension provision. We cannot expect people to save joining up or are not meeting at the point where the more unless they understand what they are investing family has a problem. They experience the problems in. The recent IoD report, Roadmap for Retirement as a family, not in separate units. Trying to get the Reform, says this well: state’s support to address that would be helpful. “Little wonder that the average employer or employee simply I offer the Government a couple of thoughts for finds pensions utterly baffling … people are unlikely to engage their children and families Bill. First, could they use with, stay engaged with and contribute hard earned money to the Bill to give a clear pledge to identify children with something they simply can’t understand the workings of”. problems early? The noble Lord, Lord Hill, is in his Warren Buffett, the great investment manager from place. Would he consider giving schools a clear the Midwest, often says that he only invests in businesses responsibility for identifying children who are vulnerable that are simple to understand. How can we expect for a range of reasons? The child may be a young personal savers to do otherwise? carer, have special needs or face parental neglect or Defined benefit pensions, from which many of us abuse. There should be a specific responsibility to here probably benefit now, were quite easy to understand. identify that and resources to help bring together the Until recently, people had confidence in them. You people needed to address those problems before they invested for life and they provided a pension of between get any worse. Secondly, could the Government show half and two-thirds of your salary.Contributory pensions the way forward in early intervention by leading by are a completely different story. Youhave no idea what example and extending the Family Nurse Partnership you will eventually get. You will find out too late in life Programme to all teenage mothers at once? That would if it is not enough. Every financial scandal will raise not be a huge sum of money and would show that, where your fears that you will not get anything. Just trying to a programme is effective and evaluated as such, the understand may only depress you. It is not surprising Government are willing to put the money behind it. that many people put their heads in the sand and Intervention for vulnerable families is one of those adopt a Micawber strategy that something will turn happy issues on which the heart and the head come up. The consequence is that many will simply underprovide together. We all know the evidence on the head. The for their much longer retirement. evidence of Graham Allen MP is the most recent Many are also adopting alternative strategies. example of the money saved by early intervention. Unfortunately, they tend to be those who are already The human case is also overpowering. Over the last better off. There has been a huge growth in ISAs and few months, I have met too many young people whose investment in property and parental property. Many futures look very bleak at a frankly depressingly early are investing in businesses that they hope will provide age. I have gone into prisons, young offender institutions their pensions. The next stage in the Government’s and communities where I have met young people. If policy on pensions needs to be not only to declare they were your own children, you would cry that war on government regulations but also to say how things had come to this point for them so early. Yet so to simplify savings for pensions and to improve often, things could have been spotted sooner. As a understanding. We also need to broaden understanding country, if we come across those people it is incredibly that a more flexible approach to encourage saving may 325 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 326

[LORD STONEHAM OF DROXFORD] false evidence was submitted to the Clerk. It is wrong achieve a better response. People need to be encouraged in principle that people who report wrongdoing are to make greater provision for themselves. We need a accused by means of being fitted up. I certainly took simple pensions structure but we also need to encourage exception to that, even though the allegations were greater diversity. proved to be grossly false. Finally, the Government need to reduce the odds It is for that reason that I am so concerned that the on the biggest lottery of all: how much individuals coalition Government are on a collision course with need to provide for the greater likelihood of greater the police, a body of people who cannot take industrial social care expenditure. There are three tasks for the action and who, to be honest, have the lowest morale coalition Government over the next three years: simplify that I have ever known in my lifetime. They are even pensions savings and improve understanding; encourage balloting later this year on the right to strike. What a more flexible savings mechanisms and schemes; and pretty pass we have arrived at. What do the Government achieve a settlement for social care provision. intend to do if the ballot proves positive and they vote for industrial rights? It is ironic that most police 7.27 pm officers are inclined to be very conservative. Of course, they adored Margaret Thatcher, who supported and Lord Mackenzie of Framwellgate: My Lords, it will strengthened them—for political reasons; she is no not surprise your Lordships that in my short contribution fool. They were less sanguine about the right honourable to the debate this evening I intend to concentrate on and learned Kenneth Clarke, the current Lord Chancellor, matters concerning law and justice. Having spent 35 years who as Home Secretary in the early 1990s wheeled out as an operational police officer, I feel reasonably qualified Sir Patrick Sheehy, from British American Tobacco, to to comment on this important area of policy. make the British police operate more like a business, I start on a positive note: I welcome the important with performance-related pay, short-term contracts intention to clamp down on driving under the influence and the like. That led to one of the largest police rallies of drugs. I campaigned for many years for the development ever, at Wembley. Ken Clarke’s successor, Michael of a roadside device that detects drugs in the body, Howard, now a distinguished member of your Lordships’ similar to the breathalyser for alcohol. It seems that House, listened carefully to the arguments and quickly we are now in a position to move forward on that and abandoned the collision course previously set— I am delighted. I was amazed that those who advocated incidentally, presiding at the same time over dramatic the relaxation and even legalisation of drug use always reductions in crime. ignored the fact that more people would be driving This Government have decided to politicise the under the hypnotic influence of drugs without our police by bringing in elected police and crime having the quick means of detecting them, with all the commissars—sorry, commissioners. I have grave worries misery and tragedy that would follow due to deaths about that change. I have only known a non-political and injury on our roads. The prevalence of that has police force, but I have seen other models abroad. always been unmeasured but now we are developing When I was a serving officer of senior rank working the means to deal with this grossest of anti-social with Governments of both parties, nobody ever knew behaviour. All decent people in the country will welcome what my political leanings were—nor should they this proposal. have. I swore allegiance to the Crown and served By popular acclaim, we have one of the best police impartially under the law, to which I was accountable. forces in the world. It is not perfect—nothing is. Yet, The chief constable was accountable to the police simply based on the evidence of the training and authority, to the Home Secretary and, of course, to advice that we give to other countries all over the the law. The chief officer was very difficult to remove world, people globally value the British policing model. without agreement locally and nationally. There have Young men and women do not join the police to been several cases where disputes took place on those become millionaires—politics, business and the legal issues. We are now placing the chief officer under the profession produce far more of those—but they expect direct control of one political master, who could hire to be treated fairly and decently for the public service or fire him or her. I know that there is a commitment that they provide. that commissioners will not get involved in operational In my view, one of the gravest disservices that we matters, but experience of other jurisdictions, such as did to the police in this country was when we labelled the United States, shows that appointments will be the Metropolitan Police “institutionally racist”. I know made of like-minded individuals and that those who that it has a technical meaning, but the message that it do not play ball will not last very long in post. sent out to the man and woman on the beat was that However you wish to explain it, that is playing they were seen as racists. It was seen as unfair and politics with our impartial policing system. In the unjust. Even worse, it created a climate of risk aversion main, elected commissioners will represent political in the police. That was identified by HMIC. On the parties, so party politics will have sway. It is sometimes other side, even worse, the advantage was seized by difficult to separate policy from operational issues. I people who were emboldened to play the race card. recall the centipede with severe arthritis going for I gave an example to your Lordships a couple of advice to the wise old owl about his disability. “What weeks ago when I described how I was accused of you should do”, said the owl, “is transform yourself racism by the National Black Police Association and into a dormouse and hibernate throughout the winter. the Society of Black Lawyers for reporting the criminal When you emerge in the spring, your arthritis will be activities of Commander Ali Dizaei, who subsequently gone and you will be fit and athletic for the summer”. went to prison. It was even worse than that, because “Thank you, wise old owl”, said the grateful centipede. 327 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 328

As he walked—or limped—away, he said, “But tell me, drink-driving. We also know that the risks of having how do I turn myself into a dormouse?”. “Don’t ask an accident increase exponentially as more alcohol is me”, said the owl, “I only make policy”. There we consumed. Despite those high risks, the penalties for have the dilemma. There is a difficult dividing line drink-driving are relatively modest. When we think of between policy and operational matters. the prison sentences for someone just possessing the Seriously, I hope that the concerns that I have drug, we must consider that the drink-driving penalties outlined turn out to be groundless. No doubt we shall are in the order of a 12-month mandatory disqualification see. At the same time, of course, we have proposals by from driving and a mandatory six penalty points. some chief officers to privatise certain parts of the Having said that, I do not want to discourage those policing role itself—not just backroom activities but, relatively moderate penalties, but argue that similar remarkably, the patrolling function and the investigation penalties should apply to drunk-driving if the risk to of crime. I believe that the public expect certain activities the public is in fact the same. That is my principal involving civil liberties and powers of detention and point. It seems such an obvious one that I hope that arrest to be performed by fully accountable sworn the Minister will agree with the principle. officers of the Crown. To bring in private bodies to investigate crime and to patrol the streets on the cheap We know far less, of course, about drug-driving would be a perversion of Sir Robert Peel’s vision in than about drink-driving. In part, this is because of 1829. I can only hope for the election of a large the illegality of these drugs and the ethical and practical number of police and crime commissioners who will problems of getting accurate information on their use not allow chief constables to implement such plans. Is among drivers. That is not the only issue but it is that strategic or is it operations? I do not know. No certainly a major one—surely just one of many reasons doubt we will find out in due course. why we should be reviewing the Misuse of Drugs Act In conclusion, I believe that the police service of 1971. We will come back to that in later debates. It this country is a national treasure, rather like your seems right in principle, as Sir Peter North recommends, Lordships’ House. If it ain’t broke, don’t fix it. that every police force should invest in training for officers to conduct field impairment tests—here I agree with the noble Lord, Lord Mackenzie—and that there 7.36 pm should be really good devices to test for drug inhalation Baroness Meacher: My Lords, I rise to address two in police stations. That is on condition that these tests issues: first, the Government’s plans to introduce drug- are undertaken if there is a prima facie case for the driving offences in the Crime and Courts Bill. I should person being under the influence of some substance; perhaps say that I speak as chair of the All-Party in other words, if their behaviour is being affected. We Parliamentary Group on Drug Policy Reform. should not be talking about something in someone’s I welcome the Government’s plans in principle. body but about the risk to drivers on the roads. As However, I stress that the policies to deal with drug-driving long as we stick with that, we are on some firm should be evidence-based and in line with the treatment ground. of driving while under the influence of alcohol. It is of Another concern is that such tests will pick up course wrong to drive while unfit to do so, putting cannabinoids in people’s bodies, when these might other people’s lives at risk. However, it is also wrong have been taken seven days before and, even within for a Government to penalise people unfairly and 24 hours of ingesting that drug, would not have any disproportionately. effect on the person’s behaviour. There are very real Ministers and the rest of us are well aware that the risks unless the Government are committed to a policy possession and use of many drugs, some of which are that focuses on behaviour. Sir Peter North refers to an far less dangerous than alcohol or tobacco, carry offence relating only to controlled drugs and talks heavy criminal penalties including prison sentences. about zero tolerance if testing is too difficult. Again, it Those of us who—very occasionally, of course—enjoy is very important that we look at drugs and alcohol—at a glass of wine do not suffer any of those risks. all these substances—across the piece in the same way. Penalties for drug use are unfair and disproportionate. I turn briefly to the Government’s plans for social Indeed, they are so disproportionate that they bring care reform. Their plan is for a draft Bill rather than the law into disrepute. Even the Association of Chief legislation itself; I am sure that other noble Lords have Police Officers recently made clear that it will not already referred to this. However, we have already had prioritise the arrest of persons using or possessing the Law Commission recommending a single social drugs. If we have a law that even the police are not care statute and the Dilnot commission recommending interested in upholding, we really have a problem. funding arrangements which should, and could, be I am aware of Sir Peter North’s report, commissioned introduced without any further delay.When the legislation by the Department for Transport, which reviews the comes it needs to ensure: that high-quality care is drink and drug-driving laws. I welcome the decision available for all who need it; that people are enabled to of the then Government to consider both drink and live not only safely but in a dignified way and with drug-driving in the same report, looking at them as a self-respect; and, above all, that care is funded fairly single set of issues. I do not know whether they were and transparently. These key principles are as important the first Government to bring those two issues together, for carers as for elderly people themselves. At the but that has to be the right approach. moment, carers sacrifice their jobs, their social life and We know that drivers under the influence of alcohol their future economic security. This makes absolutely remain a blight on our roads. There are still 430 deaths no sense to their family; neither does it to taxpayers. and 1,600 serious injuries every year attributable to At the end of the day, if these carers have no savings or 329 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 330

[BARONESS MEACHER] how dental practices actually operated, applying a pensions, who will pay for them in their old age? It is one-size-fits-all model of registration that was more the state—that is, the taxpayer—so at the moment we appropriate for social care than any other health service do not have a sensible programme even for taxpayers. provider. When dentists contacted the CQC with queries I share the BMA’s support for the aim to create a about the process there seemed to be no one with the more personalised social care system but I also share necessary expertise in dentistry to assist them, which its concern about the expense, complexity and adverse frequently led to contradictory advice being given out. effects of basing a system of social care commissioning It was as a result of these difficulties that the CQC and upon the choices and decisions of individuals, rather the Government took the decision to delay the registration than those of the population or the community. I of GP practices. Dental service providers were already strongly urge the Government to pilot this work rather heavily regulated. Many dentists felt that CQC regulation than just roll it out. If the Government pilot these of dentistry was not appropriate or proportionate and personal accounts, they will probably want to think their registration experience has not persuaded them again when they see that people are literally buried in otherwise. Recognising that this is an issue, the Law paper—invoices, reminders and all the rest of it. It is a Commission recently launched a consultation into nightmare of bureaucracy, and my understanding is how the regulation of health and social care professionals that this Government want to reduce bureaucracy and could be made simpler and more consistent. paperwork. I look forward to hearing the Government’s By coincidence, I talked this morning at the launch response later on and in future debates. of the British Dental Health Foundation’s National Smile Month to the Chief Dental Officer, Barry Cockcroft. He assured me that all was well with the general dental 7.44 pm practitioner CQC registrations and that any remaining Lord Colwyn: My Lords, there is no reference to the problems were with general medical practitioners. Perhaps National Health Service in the gracious Speech but I the Minister could write to me—or ask his noble should like to use the opportunity provided by this friend Lord Howe to write to me—to clarify the debate to update the House on the state of NHS current situation concerning the CQC and medical dentistry. In May 2010, I stressed the importance of and dental registrations. continuing the process of reform that started with the Dentistry also faces great changes as a result of the 2009 Steele review. In the coalition agreement, the Government’s health reforms, with the commissioning Government committed themselves to introducing a of dental services transferring to the national NHS new dentistry contact, which would focus on achieving Commissioning Board. Local expertise will still have a good dental health, and to fully piloting any changes vital role to play in the commissioning of services, and before introducing them. the Government need to ensure that this expertise is Good progress has already been made. Since last appropriately utilised. The role of consultants in dental September, 70 dental practices around the country public health is particularly important as they will have been piloting a new contract based on a capitation need to be accessible not only to the national model, with an additional focus on the quality of Commissioning Board but to local health and well-being clinical outcomes. The early feedback from these pilots boards. The Department of Health is also developing has been positive: practitioners and the public are proposals for local professional networks in dentistry happy that more time is being spent with each patient to work alongside the local primary care commissioning and that there is greater emphasis on preventing teams in developing and delivering local service plans. oral health problems. These pilots were originally These networks will enable the dental profession to commissioned to run for a year but the Department of influence local and national strategy and policy, ensuring Health recently extended the programme until March that best practice and clinical expertise are embedded 2013. This is a commendable approach. Extending the throughout the system. pilot period will allow more time to produce meaningful The coalition has made a strong start in tackling results, which will be of great use when developing the the issues facing dentistry. There is still more work to final proposals for the new contract. do on contract reform, regulation and commissioning. I also spoke of the mounting challenges that dental I urge the Government to maintain their focus and practitioners face in the management of their practices, continue working with the profession to deliver the drawing particular attention to the additional regulatory best possible outcomes for patients. burden that registration with the Care Quality Commission was about to impose on them. As we now know, the CQC was not ready to take on the registration of 7.50 pm dentistry by the statutory deadline of April 2011 and Lord McFall of Alcluith: My Lords, I am very experienced severe administrative and policy difficulties pleased to participate in this debate. At the beginning as it attempted to do so. Last September, the House of of the day, the Minister said that the debate would be Commons Health Committee’s review of the CQC about the kind of society that we want. With that in concluded that the pressures imposed by the registration mind, we should focus on things like character, of dentists led directly to a 70% drop in the number of competence, cuts and confidence, the first two relating inspections that the CQC carried out, compared to the to the personalities and actions of the Prime Minister same period in the previous year. and the Chancellor and the latter two relating to the That report also recognised how frustrating the well-being of society as a result of the Government’s experience of registration had been for dentists. The policies. We have seen, even today, that austerity alone CQC seemed to have little knowledge or experience of has been discredited in Europe and the UK. As a 331 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 332 result, we need a new vision and a narrative that have 10% would lose the least, but the reality is that the been missing to date. I suggest that it is on that acid poorest 10% are losing more than anyone except the test that the Government’s character and competence richest 10%. will be measured. I have two suggestions for the Government. The The truth that is catching up with the Prime Minister first is to postpone the change to the hours rule for and the Chancellor is that the problems in the UK couples claiming working tax credit. That was predicated were not exclusively home-made. The proposition that on OBR predictions in 2010 that the economy would we were like Greece is absurd. The reality is that while swing back to strong growth. That is not happening, the Chancellor has tried to peddle the UK as having and as a result 200,000 low-income families will be been more like Greece, he has made us more like Spain affected by this. It will dramatically worsen child poverty in the process. In 2009-10, growth as a result of Alastair in its extent and severity and will create a situation Darling’s stimulus was 3.2% while Spain’s was zero. where people will be better off leaving their jobs, to the Now, after six quarters of UK negative growth, we detriment of the economy.I suggest that the Government’s have 0.2% negative growth compared with Spain’s slogan of “Making work pay” has a hollow ring. growth of plus 2.4%. What is missing from the lexicon The second issue is rebalancing the ratio of spending is the “g word”—growth. There were hints before the cuts to tax rises. The Government have said that that Queen’s Speech that this would be addressed, but on ratio is 4:1. That will dramatically change the situation the day after it the front page of the Telegraph said, in against people on low incomes. The Conservatives’ bold: approach during the recession of the 1990s was to “Why was there no plan for growth?”, adopt a ratio of 1:1. It is for this Government to while the Sun editorial said: realise that 4:1 guarantees that the distribution of the burden will be skewed towards those at the lower end “Plans to boost the economy amounted to tinkering rather than a full-blooded assault on unemployment”. of the income distribution scale. Those are two comments with which I fully agree. The electorate are looking for authenticity and empathy, and those have been missing from the debate The Chancellor has to show his character here. Let just now. If we are looking at what type of society we us forget about him admitting that his strategy is want, there are a number of fundamental questions wrong; but he has to address the concept of growth. that should guide us. Are the increasingly high levels Without that, confidence in the country is seeping of economic inequality in society a problem? Should away day by day. Justin King, the chief executive of the Government be concerned at the high social and Sainsbury’s and a member of the Prime Minister’s economic cost? The Joseph Rowntree Foundation says business advisory group, has said that he has not seen that child poverty is costing the UK £25 billion per a consistent pursuit of a clear policy. The consequences annum. What action should we take to reverse the will be greater inequality, a greater north/south divide, scandalous situation where the poorest children are increasing welfare dependence, increasing unemployment likely to live for 10 years less than the more wealthy? and ambition and social mobility checked at source. Do we have an obligation to tackle this? We do, but it On the issue of cuts, the IFS has said that the can be done only if the Government demonstrate their real-terms spending cuts of £100 billion targeted between character and competence in these bleak times. April 2011 and March 2017 will see £33 billion of The death slogan “Austerity alone” needs discarding. them falling in the final two years of that period. So in Confidence needs to be restored in order to give 2015, an election year, sizeable cuts will still have to be individuals and communities hope for the future. Only delivered. If you want to see how austerity measures by doing that will the Government demonstrate the are killing confidence, look at the company sector, authenticity and empathy suggested by the slogan, which took £72 billion out of the economy in 2010 “We’re all in this together”. Otherwise it will be seen and £80 billion last year. Non-financial companies merely as an empty gesture. increased their holdings of currency in bank deposits by £48 billion in 2010 and £62 billion in 2011. That takes the total to £754 billion sitting in companies’ 7.57 pm balance sheets doing nothing—a staggering 50% of Lord Maginnis of Drumglass: My Lords, in so far as UK GDP—while we have youth unemployment of I intend to pursue in more detail the issue that I raised 1 million. My experience as a teacher in Glasgow in earlier at Oral Questions, I want to make it clear that I the 1980s was that these young people with no chance am not anti-police. Concurrently with my first employment end up in a lifetime of penury, social inability and the as a schoolmaster, I became a special constable and likelihood of mental health, alcohol and drug problems, served for seven years. Later, as an Army officer, I had and the result is that they have an increasing reliance responsibility for joint planning and liaison with the on the state rather than less reliance on the state. police, and that during our troubled times in Northern That is why I welcomed the coalition’s commitment Ireland. While I was an MP, I was parliamentary that it would adopt the Labour Government’s 2020 adviser to the RUC. I feel no need, however, to make target to eliminate child poverty. However, the IFS is similar ameliorating comments about my attitude to saying at the moment that the Government’s spending our virtually invisible and ineffective Home Office. plans are putting into reverse the progress that had At the beginning of a new parliamentary year—I been made no that in the previous few years. I suggest have seen 29 come and go here—one still waits with to this House that an increase in child poverty is not bated breath for some sort of signal that next year is an example of the broader shoulders taking the greatest going to be better. Such an expectation is difficult to burden. The Government promised that the poorest sustain when one reads through the coalition’s programme 333 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 334

[LORD MAGINNIS OF DRUMGLASS] each other. That is why we foolishly established the for business in 2012, particularly in relation to creating introverted and expensive Supreme Court, effectively a fairer society. Everything I read there confirms my a third unaccountable legislature with which society impression of those exceedingly well educated folk barely identifies. Law can be effective only when it who occupy the Front Benches in another place but relates to what society as a whole is prepared to accept who seldom appear to have rubbed shoulders with and support. Society’s temper is reflected through reality. Ideas hatched in some intellectually gifted corner those elected to another place and through this related of the Palace of Westminster float through a maze of scrutinising Chamber. The day we sought to wash implementation levels that are ill defined, largely government’s hands of responsibility, and in so far as disconnected and often wholly inefficient. we continue to divorce the law from government, we It is some years since the noble Lord, Lord Reid, deny society the access and safeguards that democracy described the Home Office as not fit for purpose, yet is intended to guarantee. we continue without respite to find it delegating responsibilities in a way that it seems to consider 8.04 pm absolves it from any real decision-making role. Just try, as I have, to discover why a police constabulary Lord Clinton-Davis: The criticisms that I make of appears to be inefficient or corrupt and you will get the Home Office are but mild by comparison with the answer that I got last November when I was told what we have just heard. by the Home Office that it had not held “aggregate I believe that this Queen’s Speech is dreary and data” on police since 2004. Why not? largely irrelevant to the needs of this nation. It fails to One may be advised to speak to the Independent focus on real public concerns. Public works, increased Police Complaints Commission. I have, only to be told economic growth and youth unemployment are but that the fairly obvious injustice that concerns me was three of the issues that are highly relevant at this time. not within its bailiwick because my complaint overlapped I have attended many Queen’s Speeches, but I cannot with social services. I belatedly referred the issue to the recall one that had so many deficiencies. Justice Department, but it could not intervene. I am Tonight, I propose to concentrate on home affairs referring to a case where a lady in her 80s was cheated and law and justice. As far as home affairs are concerned, out of her home. The Minister knows it well and over I will make several criticisms of the Home Office, but I the past three years the Home Office has received say at once that we are delighted to see the noble Lord, hundreds—yes, hundreds—of communications through Lord Henley, who is a friend of many of us, in his me about the matter. Successive Secretaries of State place. The Home Office is often regarded as the ministry have been so concerned that none would meet me, of the non-living. Whether that description is well despite the fact that Interpol was activated to pursue merited is by the way. Mistakes can all too readily this elderly lady all the way to her son’s home in prove irrecoverable. That is not necessarily the fault of Austria. Does anyone in authority care that social the Secretary of State, but it is the Secretary of State services and police in North Yorkshire have conspired who carries the can. Of course the Home Office is too in the persecution of Mrs Hofschroer and her son? large and delegation often occurs, often with fatal, or Are details of dismissals, forced retirements and other near fatal, results, and it is the Secretary of State who shady and costly measures pertaining to North Yorkshire is held responsible. Police available to legislators in Parliament? No. Basic Prison policy is a good example of this deficiency. justice is distorted by the system, but I can see nothing For the most part, prisoners can be obdurately unyielding. to address this major issue in the Government’s plans. My experience as a defence solicitor is that frequently Not dissimilar, in terms of Home Office incompetence, prison guards and prisoners do not begin to comprehend is the well known case of Gary McKinnon, a once the other’s problems. Admittedly, I go back a long young man with autism who hacked the Pentagon’s way, but I doubt whether there has been much change. computers and whom the United States wants to I realise that work is often undertaken in uncongenial extradite, potentially to imprison for the rest of his life circumstances, leading inevitably to an inbuilt resistance in its prison system, where there are, conservatively, to change, but there have been some shining examples 60,000 rapes per year. His defence has cost his family to the contrary. The noble Lord, Lord Ramsbotham, their home. For over 10 years Gary, now 45 years old, is one of them. He made every effort to detect and has been left in limbo, and yet the Home Office tackle mistakes during his tenure of office. happily, if somewhat inefficiently, spends millions Terrorism, frequently having an international accommodating the legal rights of Abu Qatada. Is dimension, clearly falls within the Secretary of State’s that how we expect the Home Office and Justice to responsibility. Terrorism can often be accompanied by deal with disability—with cruel indecision, without a messianic ideology. The Secretary of State has to compassion and with detached unaccountability? I reconcile effective defensive measures with democratic think not, so surely it is about time we sought to standards, and that is by no means easy, as the Secretary replace our failing nanny state with a fair and just one. of State has clearly demonstrated, but surely some Truly, the right hand at the Dispatch Box appears humility is called for rather than something we hear not to know and not to care what the left hand is too often: an irritatingly abrasive mood of “I know doing. Is it not time that the Government recognised best”. I am only too well aware that the Secretary of that principled strategic command is a prerequisite for State has numerous other responsibilities. Is it not effective delegation? One of the follies pertaining to time therefore for this vast ministry to be split up, for a and emanating from latter-day political correctness is ministerial inquiry to be established and for this to be that government and justice should not impinge on effected immediately? 335 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 336

As far as law and justice are concerned, this House— crises, we might ignore it at our peril because it becomes more dangerous in times of austerity and political Lord Henley: It might be helpful if I get to my feet crisis. and interrupt the noble Lord to remind him that his A little earlier today I was at the annual general party split up the Home Office. Prisons and criminal meeting of the All-Party Group on the British Council. justice have gone to the Ministry of Justice. We are a Our colleagues from the British Council reported on a much smaller department than we ever were. number of the things that they were doing. There is the tremendous festival of Shakespearean plays, as Lord Clinton-Davis: That may be but it is still too one would expect at such a time, and art and culture large. I do not know whether the noble Lord had any generally—music, dance, theatre and so on. They went responsibility for that— on to speak about how the British Council was doing excellent work on human rights in policing and issues of justice. One of our colleagues from the other place Lord Henley: My Lords, I could not have had any intervened to ask what on earth the British Council responsibility for it because it was done by the previous was doing involving itself in those things; surely it was Government. I think the noble Lord will remember about promoting British culture. that I was not a Minister in the previous Government; they were a Labour Government. I beg to differ wholly from my friend in the other place. It seems to me that when we bring forward, for example, the British policing model, which the noble Lord Clinton-Davis: That may be but I still regard Lord, Lord Mackenzie, mentioned earlier, we talk the Home Office as much too large. about something that is essentially part of our culture Although the House devoted a great deal of its time in this country. We bring not only to our own country in the previous Session of this Parliament to examining but to many other places something of real depth and a Bill that got scant attention in the House of Commons, value, which has come not from someone’s head but I fear that the system will prove to be far more from the growth of our society—sometimes painfully expensive than our present one in the long term; and and with difficulty, but certainly over a long period. that the changes envisaged by the Government will There are positive characteristics to the way that we prove to be divisive and largely ineffective. They will run things in this country. There are others where we also have a deleterious effect on people seeking to make mistakes. However, in general, in policing, health undertake civil cases. and social care and education—something to which I In my day—I speak of a very long time ago—criminal will return a little later—we have developed a culture, cases seldom lasted beyond around three months. or a way of doing things. When questions are asked Nowadays it is common practice for serious criminal about it for whatever reason, good or ill, it shakes us. cases to last for a year or more. How, then, can we Why? Because culture is to a community, group or revert to a more acceptable time limit without adversely nation very much what the personality is to us as affecting justice and the civil components of legal aid? individuals. Our personalities grow from our genetics Even though this is a desirable goal, I wonder how and physical selves, but also from all the experiences much time the Government have devoted to resolving that we have had—from what we have learnt from this vast problem. I will readily give way to the noble others, our families, our backgrounds and our Lord, who is intent on intervening in my speech at all communities. That is what makes us up. times. Culture is the equivalent for us as a group and a We have spent much time in the Lords trying to community. This is an important and difficult question resolve some of the more serious dilemmas on the civil because it leads us to the dilemmas that are being side. Defeats were inflicted on the Government but experienced over multiculturalism. Maybe part of the they remained resolute to be irresolute. Justice will difficulty arises because we have not thought clearly undoubtedly have suffered as a result. I fear that I will about what we mean. It is one thing to say that we be disappointed in my quest for the Government to want a society that is multiracial and recognises people conduct a further inquiry into this matter. However, of all backgrounds, countries, colours and so on, but an inquiry is called for and ought to begin immediately. that is not about culture. Do we mean a multifaith society, in which we value people of faith and those of 8.13 pm none? Sometimes I think we value those of none Lord Alderdice: My Lords, in the debate on the rather more than we value those of faith, which is a gracious Speech at the beginning of a Session of mistake and a foolishness. I hope we begin to learn our Parliament, one might take a number of approaches way out of that. However, that is not culture of itself, to the legislation that is proposed and the other matters although it contributes to it. Do we mean an inclusive that the Government have drawn to our attention society, in which men and women, young and old, through the gracious Speech. I will refer to something sick, disabled and healthy are all valued members of specific towards the end of my remarks. However, the the community? That is very important; it is an inclusive start of a Session is also an opportunity to think about society but it is not multiculturalism. some of the broader issues that face us and are important. One of the dilemmas that I have observed as this Remarks have been made about the economic crisis society has tried to deal with all these things and called and austerity but there is another, wider issue that I it multiculturalism is that it has pulled away from wish to address—that of culture. It is not easy to think valuing important elements of culture. I saw this at about, or perhaps even to speak about, but it is important. home in our peace process when it came to how we In the midst of all the other political and economic would engage in parliament-building. In Stormont, 337 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 338

[LORD ALDERDICE] I should declare an interest as chair of the All-Party we certainly had examples of a unionist culture. The Parliamentary Group for Children. One of the pleasures approach of the Northern Ireland Office was to strip of being involved in children’s issues in your Lordships’ all aspects of culture out and to make it like a clinic. House is that while there may be minor differences, That was a mistake. It was unnecessary and was not this House across all parties has always been concerned wholesome. It was much more important to ensure for their welfare, and tonight’s debate is no exception. that we brought in elements of different backgrounds, We are of course advised by a dedicated and vigorous language, experience and history, and that everyone children’s sector. could feel a degree of diversity and warmth about it. Can the Minister give us any sense of when the We need to think a lot more about this question, children and families Bill might be considered by this because I detect that an absence of clarity has meant House? What is the timetable and the structure for an absence of a feeling from all sorts of groups in our discussions on, for example, the Children’s Commissioner? community that they share a sufficiently common The Bill raises many important issues, including adoption culture to feel part of a nation and a people who can measures, special educational needs, budgets, parental work together—whatever our faith or racial backgrounds, leave, family law, court cases and the role of the gender or health or physical appearance. We need to Children’s Commissioner, all of which have been discussed work at this. by others this evening. I shall return to the Children’s I am worried about some of the political developments Commissioner later. I see with some of those who are winning elections, and with some of those who are not even bothering to These issues are important and I look forward to vote in elections because there is not a sense of shared discussion on them. Some are more complex than they culture. Our culture is not like the culture of other might appear to be—for example, special educational countries. I do not despise the culture of other countries, needs and adoption issues. I agree with the comments but let us be clear that there are those cultures where it made earlier by my noble friend Lady Hughes on is completely appropriate for women to be set to the cuts to local authorities and the need to consider side; where female genital mutilation is a part of the the whole care system, including kinship care, which culture; where the educational culture is not one of has been mentioned at least three times this evening thoughtfully reflecting and disputing to find the truth and is an issue to which we might need to return very but rather of the rote learning of something that seriously. has been handed down regardless of whether it is My noble friend Lady Hughes was an outstanding relevant or appropriate; or where physical violence is Minister for Children and was dedicated to improving regarded as an appropriate way to deal with political their lives and welfare. Although I know that coalition difference. Ministers with responsibility for children and families I do not accept that all cultures are equal, valid and in both Houses also have genuine dedication to child good. I do not believe that ours is perfect, but I do not well-being, I fear that children may be hit by problems believe that we should devalue it. I therefore finish associated with cuts to services. It is all very well to with a final plea. One of the reasons why people want talk about vulnerable children and all very well to vow to come to this country for education in our great support, but these good intentions may well be universities is not just that they value what it will do counteracted by underlying basic problems relating to for their jobs and their future but that they value the issues such as families in poverty, health, education, culture. Many of us spend our time trying to attract welfare provision and cuts to children’s centres. people to this country. We would benefit from their coming—culturally, economically and otherwise—but This should not be a party-political issue. It is we find that it is increasingly impossible for them to about children’s lives and achievements as set out get visas into the country as bona fide students so that many years ago in Every Child Matters. Before and they can study and enrich both our country and their since that document, we have had time and again own, in order to benefit us all. I plead with my noble reports on the fundamental importance of early friend the Minister to do everything he can to ensure intervention in tackling family problems and social that proper students have separate visas and a separate mobility. Indeed, the All-Party Parliamentary Group system to ensure that we can benefit our culture, their on Social Mobility has just produced a report following societies and all our people. the incisive reports by Frank Field and Graham Allen. The importance of life chances being established early is again a theme. Although the pupil premium is 8.20 pm welcome, I suggest that it is a bit late. The National Baroness Massey of Darwen: My Lords, in the brief Children’s Bureau and many other children’s charities time I have this evening I shall address some issues are concerned about how disadvantaged children continue related to the proposed children and families Bill. to experience poor outcomes in health and education. Before I do so, however, I want to pay tribute to the The UK does poorly in child well-being measures and late Lady Ritchie, who undoubtedly would have spoken we should attend to early intervention for children, about children today had she not sadly passed away in particularly those who are vulnerable, as discussed by April. Shireen Ritchie was a campaigner for women in the noble Baronesses, Lady Howe and Lady Stedman- public life, including in Parliament, but I knew her as a Scott. That is why I believe that we should have an campaigner for children in Kensington and Chelsea. important and effective role for the Children’s She was involved in issues of adoption, children’s Commissioner for England, who can be advocate, services, child poverty and family courts, and will be whistleblower, support for children, adviser and critical greatly missed by all those concerned for children. friend to government. 339 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 340

The noble Baroness, Lady Walmsley, earlier set out this, because I spoke at some length about it on the case very effectively for a rights-based legislation, Second Reading of the Protection of Freedoms Bill on including the Children’s Commissioner, and I shall 8 November last year. Those who are so minded could not repeat all that but I thank her for it. I was check what I said in Hansard at col. 192. Put very delighted by the recommendation in the Dunsford simply, the use of the word “insulting” within the report that the Children’s Commissioner for England current legislation is proving to be a grave impediment should have a focus on children’s rights. I declare an to the exercise of free speech. Some noble Lords will interest as a trustee of UNICEF UK, which has long know that I have spoken on several occasions in the campaigned for a rights-based commissioner and for past to try to preserve the existing situation where we the rights of the child, as has the Children’s Rights champion freedom of speech above almost everything Alliance for England—and with good reason. It seems else. that we may now have the opportunity to embed The first Public Order Act in 1936 used the term, children’s rights in legislation, but will the Government “criminalising, threatening, abusive or insulting words have the courage to do it? Will they support it with or behaviour”. The words, “threatening, abusive or resources? A focus on children’s rights would mean insulting”have been carried through successive legislation. that England could develop a shared vision for children They now find themselves, 50 years later, in the 1986 based on the UN Convention on the Rights of the Act—the current Act. I will not weary your Lordships Child. Scotland, Wales and Northern Ireland have with the detail but certain sections of that Act—Sections 4, already incorporated the UN convention into law and 4A and 5—give a descending ladder of seriousness. recognise it as a force for change. The Office of the Right at the very bottom of that—the least serious, if Children’s Commissioner has been significant in you like—is “insulting”, in Section 5. examining the plight of marginalised and vulnerable To put it simply, what is happening today is that those children such as those in the youth justice system and who stand up in public and express views that are those excluded from school, and the effect of poor unpopular to some members of society find that they child mental health. are in grave danger that those who disagree with those We have become much better at consulting children views will invoke the police and insist on action being on aspects of their lives, but what is needed is a person taken—“I have been insulted; therefore, officer, become and an office that can make the most of such consultation. involved”. The police may or may not become involved. For example, examining every Bill in Parliament for a If they do, they may or may not charge. If they charge, child impact assessment is crucial. It has been attempted the Crown Prosecution Service may or may not prefer before and proved informative, but it demands a consistent charges. But whatever happens and however the situation approach with resources. I recognise that groups other winds up, it has a very serious chilling effect on the than children could claim the right to be central to exercise of free speech. legislation, but children are special. They are the The Home Office instituted a consultation on foundations of society, and if we get things right for 13 October last year, which concluded three months children later difficulties may be avoided. later on 13 January this year, but in the ensuing four Most Bills that we see in your Lordships’ House months we have heard nothing about the consultation. have some relationship to children. They do not have I am somewhat disappointed at that. I urge the Home to have the word children in their title—for example, Office to look very closely at what has been said, to transport, health, justice, the environment, and so on, report the results of that consultation as quickly as it all have elements that affect children and families. I can and, I hope, to look for early inclusion of the hope that the Children’s Commissioner will be a genuinely removal of those words from the relevant legislation. independent voice in support of children. We all know Those are my words of encouragement. The bouquet that independence can be interpreted in many ways that I throw to the Home Office is the inclusion within and bound by all kinds of bureaucratic measures, and the Crime and Courts Bill of the creation of the I would hope that the Children’s Commissioner has National Crime Agency, the NCA. We have travelled a a truly independent remit. I hope that we now see the long road on this, starting with the creation—I vaguely efforts of those concerned for the welfare of children remember this—of the regional crime squads in the culminating in support for a children’s champion who 1960s, through the national crime squads, the National will enable us all to improve outcomes for the child’s Criminal Intelligence Service and SOCA, the Serious well-being and develop that vision for children that is Organised Crime Agency. We now stand on the brink so vital to the well-being of society. of the NCA. The media have labelled it the British FBI. To some extent that is understandable. However, 8.28 pm although there are some similarities, organisationally Lord Dear: My Lords, given the recent barrage of and constitutionally the FBI is very different. Nevertheless criticism of the Home Office, I may make a welcome we should make no mistake about it: the creation of change. I want to throw a bouquet in the direction the NCA is absolutely essential, given the current of the Home Office on one point and words of range of problems that we as a society face. encouragement tinged with some disappointment on I want to focus on Clauses 5(5) and (7) of the Bill, the other. which concerns the creation of the NCA and gives the I start with the words of encouragement, which director-general of the NCA—if such an organisation flow from a certain disappointment—that there has is created—the power to direct local compliance from not been a move within the Crime and Courts Bill to local police organisations. I believe that some may well remove the word “insulting” from Section 5 of the fly in the face of that and say that it runs completely Public Order Act 1986. I shall not go into detail on against the grain of what we did in the previous 341 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 342

[LORD DEAR] the bankruptcy and collapse of the command economy Session in creating police and crime commissioners, of the Soviet empire. Some of us are old enough to localising policing and placing a local focus on local remember the Stalinist five-year plan that would emerge problems. However, we do not need to remind ourselves from the Politburo every five years. In fact, it was not of the internationalism of problems—the fact that every five years; they would have a new five-year plan drugs on the streets of Evesham may well have been every two years because it was clear that the first imported through Rotterdam; that illegal workers in five-year plan was failing. fields in Cambridgeshire may well have been trafficked Those who still believe, despite all the recent evidence from eastern Europe through Southampton; and that to the contrary, that any Government can simply wave teenage prostitutes in London may well have been their magic legislative wand and thus decree that “there trafficked from the Ukraine through Heathrow. In shall be growth” and, lo, there was growth are ignoring other words, local problems are created nationally and the lessons of history. No, my Lords. If legislation is internationally. However, if the power to direct local needed to encourage growth, it is needed to unpick the compliance does not lie in the hands of the director-general knotweed of employment and health and safety box- of the NCA, I fear that the move towards localism, ticking and other regulation which stifles growth, which I support in so many ways, will cause the NCA particularly in the SME sector, which, as I understand to founder. It would become something akin to a it, accounts for more than 90% of our economy. crime tsar and would certainly espouse a pious hope A quick survey of any dozen SMEs—which I did the that something will happen, but without it having the other morning at a breakfast meeting of businesspeople wherewithal to pursue it and to get total national —would produce at least a dozen pieces of daft legislation co-operation. that they want removed in order for them to create I conclude by referring to one word. The word more wealth, more jobs and, ultimately, more taxes. If “direct” is undoubtedly tough and it undoubtedly you asked them what legislation they would need to be smacks of, and is, central intervention, but I do not passed in order to grow, I think they would send for believe that it is contradictory to the move in other the men in white coats—there’s a job opportunity. The ways towards the localisation of policing. It is absolutely cry from business everywhere is for Governments to essential to deal with international and cross-border step back and let the wealth creators through to do national crime. It is the very bedrock of what is what they do best. envisaged within the National Crime Agency. It is, in The role of government is to ensure that, when fact, the keystone to the whole creation of the agency businesses are created or expanding, there is a talented, and without it the agency would founder. I commend educated skill base qualified to fill those jobs. I believe the Bill to your Lordships in those terms and I very that this Government are committed to a red-tape much hope that we shall see the word “direct” in bonfire—most Governments always are—but it would Clause 5 when the Bill is passed and becomes law. be helpful to hear from the Government and from the Minister how the progress that they are making in this 8.35 pm area is being achieved. Reports from time to time on Lord Grade of Yarmouth: My Lords, I open with the achievement of deregulation would be very welcome some words of support for the impassioned plea from and would give credence to the policy. the noble Baroness, Lady McIntosh of Hudnall, for One important legislative proposal in which many some clarity from the Government on their attitude to of us will have a keen personal interest is the reform of the benefactors who support the arts in this country. the Defamation Act. My noble friend Lord Lester has I have worked for many, many years trying to raise paved the way for this much needed reform, as has the money—mostly for the National Theatre—with some parliamentary scrutiny committee under the chairmanship success, and I think that we need to know whether of my noble friend Lord Mawhinney. It is a committee there is some abuse or loophole in the tax legislation on which I served as a member. I hope that the which drove the Treasury to condemn a bunch of excellent report and recommendations will be carried wonderfully generous people, without whom the arts through into the Bill. At the end of this much needed would be seriously in jeopardy in this country. I hope reform, we should expect that, among other things, that we can get some clarity on that. there will be affordable and accessible defamation As a keen student and sometime practitioner of the justice for all, regardless of economic means. The Bill media, I have come to be able to predict the journalistic should deliver clarity for journalists and freedom for reaction to any disaster or crisis, and that usually turns responsible publishers to publish without fear of the out to be, “What are the Government doing about chilling effect of existing libel laws. This latter applies this?”. “This” is anything that the news editor of the as much to academic papers and publications as to day thinks is worthy of giving the Government of the newspapers. There is also the huge challenge posed by day a good kicking about. Therefore, it was hardly a the internet, which in this context will require some surprise to me that criticism of the gracious Speech considerable attention. I look forward to our debates amounted to a consensus around the idea that there in this House. In the end, I am confident that the was nothing in it for growth. The opposition parties public’s right to know and freedom of expression will readily joined in this somewhat glib narrative. No be balanced in the usual way. legislation for growth? Speaking from this side of your I have two points for the Minister. Can we please Lordships’ House, I am bound to say, “Thank goodness have regular reporting of successful deregulation for for that. Pass the bunting!”. The idea that Governments business? Can we please have fiscal clarity for the can somehow legislate for growth seems to me an generous benefactors who, in partnership with the utterly discredited doctrine that should have died with Government, keep our arts afloat and an appreciation 343 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 344 and recognition of their generosity? As a coda, I ask in 2004, with a civil partnership ceremony conducted the Minister to offer some specific reassurance on the under the auspices of the GLA when Ken Livingstone Bill to reform this House. As we are teetering in and was mayor. We had to do that because, unfortunately, out of drought from week to week, can he also assure this House had delayed civil partnership legislation. the House that adequate safeguards have been put in On 21 December 2005, the first day possible, we place for watering the long grass? legally tied the knot in Islington Town Hall—and I will say, for the benefit of some noble Lords, that 8.41 pm council staff not only understood their statutory duty Lord Collins of Highbury: My Lords, this year to carry out the law of the land but made our day marks the Diamond Jubilee of Her Majesty’s reign. really special. Over these 60 years, we have witnessed incredible progress Rafael and I therefore welcomed the Prime Minister’s in science, medicine, technology, working conditions, personal commitment to equality in marriage—but healthcare, education and equal opportunities. However, he must not backtrack now. The attempt by some it is a sad reflection on our society that progress on Conservatives to blame the equal right to marry for living longer becomes something to fear. My noble their election results is wrong, and for the Prime friend Lord Warner was absolutely right when he Minister to give in to them would be a betrayal of all wrote in yesterday’s Times: those who oppose discrimination. “Living longer should be a matter for celebration, not concern. The Secretary of State for Defence, Mr Phillip We are a civilised society with enough wealth and assets collectively Hammond, said at the weekend: to fund a decent social care system. Let’s get on with it”. “But I think the government has got to show over the next The coalition agreement committed the Government couple of years that it is focused on the things that matter to the to an independent commission on social care to report people in this country—not just the short-term things but the by July 2011, enabling legislation in this new parliamentary long-term things as well”. Session. Dilnot delivered but the coalition has not. We Well, Mr Hammond, my marriage is not a short-term have a commitment to publish draft legislation on thing. My commitment to my partner is not a short-term reform of social care law, with no commitment to thing. Legislation on equal marriage does not prevent introduce a Bill on reform of care funding in this the Government prioritising jobs, growth or family Session. As we have heard today, our care system has finances. It is the coalition’s economic policy that is reached breaking point, yet we appear to be even preventing that. further away from addressing the fair and sustainable solutions offered by Dilnot. This will cause terrible hardship and distress for older and disabled people. 8.48 pm It will also affect the economy. More than £1 billion Baroness Barker: My Lords, this is the 13th Queen’s has been cut from local council budgets for older Speech that I have been present for in your Lordships’ people’s social care since the Government came to House. In the first Queen’s Speech debate that I took power and the system has now reached breaking point. part in, the key issues that were exercising the House At a time when government Ministers are asking were the royal commission on the funding of long-term people to go out and grow the economy, 1 million care, and reform of this House. It is always difficult to unpaid carers have had to give up work, or reduce find a theme in such a disparate debate, but I have their hours, because the support that they need to look detected a similarity between Lords reform and social after family members is not available or is too expensive. care. Both problems have been analysed for decades, That is what Governments can deal with to produce and whenever a Government put forward a proposal growth. The cost to the economy of carers being forced for reform, there is an instant queue of people seeking to give up work or reduce their hours is £1.3 billion to pick holes in and criticise the proposals—and the every year through lost tax and pension contributions, people in the queue are the ones who support the and the increased costs of unemployment, income or reforms. care-related benefits. There is nothing to stop the The proposals on social care in the gracious Speech Government, if they are serious about social care are an important step forward for families as they reform, committing to legislation in this Session that work out how best to support their older relatives. I will include funding reform as well as wider policy and point out to noble Lords that increasing numbers of legal reform. older people in our society will have dementia. They Another area where we have witnessed incredible are also a test for Parliament as a whole. Reform of progress over the past 60 years is in the field of equal social care is an issue that previous Governments did opportunities. I was therefore disappointed that the not resolve in times when there was far less pressure on modest proposal for equality in marriage between public finances. straight and gay couples was not included in the In the debate on 24 November last year, there was a gracious Speech. As I said before in the House, I am great degree of consensus in this House, reflecting the proud that across all political parties there is a consensus consensus among the relevant charities, that the Dilnot that respects the right of lesbian and gay people to report and the Law Commission provided the way celebrate their relationships. It reflects an understanding forward to reforming social care. However, we should of the inherent worth of a loving relationship between pause for thought. I read in Community Care on two people of the same sex. 11 May an article by Mithran Samuel. He said: My husband and I have taken every opportunity “Public understanding of the social care funding system remains given to us to celebrate our 16-year relationship on an problematically low with the effect that too many people believe equal footing in our civic society. The first came services are free when they are anything but”. 345 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 346

[BARONESS BARKER] It was described by one of my colleagues in Age Mr Samuel went on to say: Concern as the power of a local authority to remove a “I’ve spotted a couple of pieces in the national press recently vulnerable person from insanitary conditions which that have inaccurately described the system of means-testing care might harm them to sanitary conditions which would in England … Both pieces claimed that people with assets of almost certainly kill them. £23,250 or less do not have to pay for care at all, and that the Dilnot commission report last year proposed increasing this The proposed draft Bill will, I hope, be subject to threshold for, in effect, free care to £100,000. However, this is scrutiny by both Houses. There is considerable experience wrong—£23,250 is the threshold above which people must pay the both here and in another place which is relevant to full cost of their residential care; it doesn’t apply to community-based that. My colleague Paul Burstow in another place has services, and the threshold below which people do not pay for worked hard to bring us closer than we have ever been their care is £14,250”. before to settling what for decades has seemed to be an Andrew Dilnot’s proposal was to extend the system intractable issue. Families need certainty about what of charging up to £100,000. So a great deal of work the costs of social care will be and they also need to be needs to be done to convey the complexity of the certain that they will have access to high quality and system as it is now, and there is a far greater need to suitable services. We on these Benches support the expand understanding of exactly what the Dilnot proposals which have been put forward. We do not proposals are among the media, never mind the general wish to wait longer than is necessary to see the public. I hope that parliamentarians from all parties implementation of the Dilnot report. That is why we and none, and voluntary organisations, will take the will wholeheartedly support this. For myself, I do not opportunity which the draft legislation gives us to want, in another 13 years’ time, to be considering yet increase their understanding over the next year as we more reports saying that social care is not working and focus on these issues. that there is a need to reform this House. The issues Last Session, we went through the Health and are before us. We should take them forward and make Social Care Act. In January this year, the King’s Fund, sure that the proposals are implemented with due care closely followed by the NHS Future Forum, published and in detail. reports on integration of health and social care. Both called for developing integrated care to have the same 8.55 pm priority over the next decade as reducing waiting times Baroness Lister of Burtersett: My Lords, I welcome did for the previous Government and they urged that the statement in the gracious Speech that the, government policy should set a defined date for delivering integration. I agree with that. In their response to our “Government will strive to improve the lives of children and families”. debate, will the Government say what progress has been achieved? The issue of continuing health care To this end, like my noble friend Lady Massey of Darwen, and NHS criteria is important to people who are I look forward to the strengthening of the powers of knowledgeable about social care and it is a critical the Children’s Commissioner so as to, point at which health and social care systems come to “champion children’s rights and hold government to account for bear on the lives of individuals. I hope the Government legislation and policy”, will take the opportunity of the draft legislation to to quote the Department for Education. I hope that address that point. this means that in the future, when the commissioner A number of key issues are identified by the Social publishes a critical report drawing attention to the way Care Institute for Excellence, in a report in March in which a Bill such as the Welfare Reform Bill undermines 2012, called Crossing the Threshold. It points up the children’s rights, the Government might pay more issues which need to be decided before the Dilnot attention. proposals—or anything like them—can be implemented. Also welcome is the promise of measures to, These are issues such as clarity and consistency on “make parental leave more flexible so both parents may share assessment of care needs, and eligibility, in particular parenting responsibilities and balance work and family commitments”. how publicly-funded social care can be better integrated Things have gone quiet on exactly what these measures with universal services. A key question which has to be will be since they were first proposed a year ago in the answered is how needs would be assessed fairly alongside Consultation on Modern Workplaces, so perhaps the the operation of a practical cap. I put those forward as Minister could, when he winds up, tell the House somebody who knows about social care, not in an when firm proposals will be published. What was most effort to delay the implementation of what I think are encouraging to me about this document was its acceptance two very important reports. I put them forward as of the case for a period of parental leave reserved for issues which this House has to discuss and agree over fathers on a “use it or lose it” basis, which the Nordic the course of the next year if we are to get to the experience shows can increase fathers’ involvement in settlement which we all wish to see. the care of their children. I hope that rumours that I welcome in particular the Law Commission’s this proposal could be dropped are unfounded. proposals on safeguarding vulnerable adults. For too International experience has also shown that, unless long, older people have been vulnerable to abuse and the payment provides adequate wage replacement, it is local authorities have been powerless to intervene on unlikely to be economically viable for most fathers to their behalf. In particular, I welcome the removal of take leave. At present, under a quarter of fathers in the existing power under Section 47 of the National the UK take up their paternity leave entitlement. Assistance Act to remove a person from their home. It Moreover, if the commitment to shared parenting is to is a power which has long been in existence and extend to low-income families, there needs to be a contravenes the European Convention on Human Rights. rethink on universal credit, which promotes the opposite 347 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 348 by increasing the disincentive for second earners to It is difficult to see what there is in this Queen’s Speech work, along with a rethink on financial support for to reconnect them to the political process, which surely childcare, a point made by my noble friend Lady we must all regret. Hughes of Stretford. However helpful the measures set out in the gracious 9.01 pm Speech might be, there is no acknowledgment that the The Earl of Clancarty: My Lords, I want to talk best way in which government can improve the lives of about the arts and the cultural sector, but to get to that children and families generally is by ensuring adequate point I feel that I have to talk about something else financial support, especially in the face of growing first, something that is in the way and which I have to evidence of hardship. For instance, there has been a get past: the economic policy of this Government, huge rise in the numbers turning to food banks. The which in the last two years has cast a shadow over Institute for Fiscal Studies has projected a big increase almost every topic that gets debated in Parliament. in child poverty, which will only partially be offset by the impact of the introduction of universal credit, and Like a growing number of people, I do not believe there is evidence that it is families with children, in the austerity measures. Why do I say this? I am not especially lone-parent families, who are the biggest an economist. I studied economics for one year at losers from the cuts announced so far. undergraduate level and I probably learnt three things: first, that there are many different economic policies; If the Government genuinely want to improve the secondly, that there is much argument about which lives of children and families, perhaps I may suggest policies actually succeed—if any; and, thirdly and that they should reverse the three-year freeze on child most importantly, that no economic policy can be benefit. Inflation-proofing child benefit would do more separated from political intent. Austerity is no exception. to help the lowest-income working families than the It is not a politically neutral measure, although this proposed increase in tax allowances. The money goes Government have done a pretty good job so far of direct to the person caring for the child and therefore convincing the public that austerity is the only way is more likely to be spent on the child. Also, the and has nothing to do with ideology. Government should drop the widely criticised plan for I do not agree with the political intent behind means-testing child benefit, described only today by austerity measures. Many economists also do not believe the Institute of Chartered Accountants as “seriously that austerity works, and indeed see this measure as flawed”. perverse, eccentric and historically discredited. The I suggest that the Government reverse the change in views of these economists, including Nobel prize winners working tax credit rules that has meant a significant such as Paul Krugman and Joseph Stiglitz, have not loss for over 200,000 of the “strivers”and “hard-working until now been championed enough—although I think people” whom the Prime Minister prayed in aid six that the tide is turning—because the parties in power times in his speech in the debate on the Address, and in Europe have not been sympathetic; nor have they for whom the advice to seek additional hours is a cruel yet been championed enough by the Opposition in our joke in the current labour market. I also suggest that Parliament, who have yet to state that they would the Government call a halt to further cuts in social reverse the cuts. security, signalled in the Budget, which even the Secretary The arts, the cultural sector and the creative industries of State for Work and Pensions is now resisting, as did are precisely the areas in which this country should be a number of his predecessors in the 1980s, some of investing for growth, and we should be reversing the whom now sit in your Lordships’ House. I hope that cuts to do so—cuts, I should say, to an investment that they might add their voices to those arguing against has always been small by Treasury standards. To their further cuts in social security, which will make life that credit, the previous Administration appreciated that much harder for families and children. such investment effects cultural growth, social regeneration, On a slightly different tack, and echoing my noble improvement of the environment and economic growth, friend Lord Collins of Highbury, I hope that the and gave the arts a prominent place in their 2010 silence on equal marriage rights for gays and lesbians manifesto. does not mean that this has been filed away as too The Arts Council has this month released a guidance controversial. This is a matter of justice—a value document for arts organisations to carry out their own highlighted in the gracious Speech—and it was to the economic impact assessments, which, through the case Government’s credit that they appeared to be willing studies featured, prove the point of such organisations’ to build on the progress made by the previous Government worth—yet again. I do not believe that organisations in this area. Perhaps the Minister can tell your Lordships’ should be doing this, as too many are struggling House what is going to happen when the consultation enough with their finances anyway. But the two-year-old on this has ended. I hope that he can provide reassurance case studies of Anvil Arts in Basingstoke and of the that this is not being filed away as too controversial AV Festival in the north-east gave results that stunned and difficult. even local people. For example, in 2010 it was assessed In an earlier debate on the Address, the noble Lord, that Anvil Arts contributed £6.2 million per year to Lord Laming, reminded your Lordships’ House that Basingstoke’s economy, more than a fivefold return on the recent Hansard Society audit of political engagement the borough council’s investment. drew attention to a public increasingly disengaged The arts community has always known of the strong from and disenchanted with formal politics and multiplier effect of the cultural sector, which politicians government, and in the recent elections people were with any nous would pick up on. Yet, strangely for a saying that politics has no connection with their lives. Government who profess a desire for economic recovery, 349 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 350

[THE EARL OF CLANCARTY] to continue with local authority cuts to the arts, music the arts have suffered an enormous demotion politically and libraries, the mainstream also will be become in the past two years. As the noble Baroness, Lady fundamentally damaged—the commercial cinema and McIntosh of Hudnall, pointed out, there is no mention the commercial theatre, which are fed by the grass of the arts or the creative industries—or innovation for roots. This Government should give long-term support that matter—in the Queen’s Speech. I agree with the to the arts and cultural sector to promote cultural noble Baroness, Lady Young of Hornsey, that there is growth and help to kick-start this country’s economy. no sense of strategy for the arts and culture. It is almost That is a plan for growth. as though, in the past two years, the arts have become invisible as far as the Government are concerned. The cultural sector almost failed to appear in the national 9.09 pm planning policy framework. Only a strong campaign Baroness Berridge: My Lords, I wish to speak briefly prevented that. It was for the sector a big fall from this evening about relationships, but, no, I am not grace from being, under the previous Administration, about to delve into the excellent proposals to speed up one of the four pillars of sustainable development. adoption or improve contact with absent parents. I Worst of all, one only needs to go on to the Lost want to talk about public confidence in two essential Arts website to see the roll call of those arts organisations institutional relationships, between the security services that have been drastically cut, are on the brink of and Parliament and between Parliament and the judiciary. folding or have now gone under, all as a result of cuts The justice and security Bill aims to improve to state funding. Those organisations include Durham parliamentary oversight of the security services. I think City Arts, now closed; the Theatre Writing Partnership, it has found its time. There is concern and confusion based in Nottingham and formed more than 10 years about the accountability of the security services in our ago, which will close next month; Croydon’s Warehouse democratic society. I was intrigued to read the following Theatre, which may well close; and Museums Sheffield, comments only last weekend: which has had to make a scandalously large number of “By their very nature the world’s top intelligence agencies are redundancies—45 altogether. The list goes on and on. a law unto themselves”. This is a Government who neither properly appreciate MI6 is among those named. the significance of long-term support for the arts nor “Yet it would be wrong to assume that within the intelligence understand the state’s crucial role at the grass-roots world there are no laws”. level or the preservation of our cultural history. If this I was relieved to read that. Government were taking a long-term view, they would “It is governed by its own strict set of rules”. not have introduced the levy of VAT on approved This view of the security services having only their alterations to listed buildings, nor would they have own internal regulation is not from the blogosphere or effectively capped charitable giving, which will have a Twitter but Richard Beeston, foreign correspondent hugely detrimental effect on the larger, more established of the Times. The position was correctly outlined in organisations. I hope that both these measures will be the Reith lectures by the noble Baroness, Lady reversed and that the Minister will respond on them. Manningham-Buller, who said that, The Government have, quite correctly, launched a “ultimately the Service is answerable to the law and the courts”, very smart advertising campaign abroad leading up to and that it was the security services who pushed the the Olympics and Paralympics—the GREAT campaign Government for their existence to be put on a statutory —but it is an irony that, at the same time, they have basis. so drastically reduced funding to the culture that the campaign is promoting. Also recently, in response to questions from journalists concerning the basis for the police investigation into This is a Government who react most when the MI6, the commissioner felt that he needed to respond, short-term commercial possibilities of the creative “It is the law”. I find the need to re-assert this basic industries are right in front of their nose. Tax breaks fact quite troubling. Her Majesty’s Government are to investors in the form of the Seed Enterprise Investment clearly alert to the reputational issue, as it forms part Scheme are clearly welcome, although Steve Karmeinsky of the argument underpinning the proposals in the of City Meets Tech points out that there need to be tax justice and security Green Paper that secret courts are breaks also for the start-up companies in which investors needed, where one party to the proceedings is excluded have an interest. for part of the time. The argument is that without Robert Redford was quite right to slap David Cameron secret courts the Government cannot defend claims down for calling for the funding only of “commercial” such as those from people who alleged that the British cinema. Sundance, which, as we know, has been launched Government were involved in their rendition to as a festival in the UK, was set up on the opposite Guantanamo Bay as the Government cannot produce premise: from the point of view of the film-makers. To such evidence in open court. make a general point, artists do the work that they do It is important to remember that the reputational and then an attempt should be made to find audiences. issue arises in a context of declining trust in our This is a necessary risk at the level of the individual institutions generally and matters which cannot be artist and the individual company. Yet paradoxically blamed on court process. I am referring of course to perhaps, at the larger scale—to take the sector as a the tragic case of MI6 employee Gareth Williams—so whole—it is, as I have described, no risk at all to utterly terrible for his family. It was also concerning invest; it is absolutely the opposite. If we continue to for the public to hear of MI6’s failure to hand over cut the grass roots, to threaten arts education and evidence to the police investigation and to report his 351 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 352 absence from work for over a week. It is a necessary I fear that a more accurate statement is: allowing part of oversight for the public to know such issues courts to consider all one party’s material relating to and I hope that the inquest into this death, as well as the case. It is worrying that the one party to which I the recommendation from the Joint Committee on refer will normally be the Government. There is a Human Rights report, has lead Her Majesty’s Government healthy tension and balance between a defence and to drop the proposal for inquests to be held partly in security service perspective and the legal and civil secret. Most of all, I hope that the discussion of liberties perspective. The issues in the Green Paper oversight of the security services will be a platform for involve human rights, national security requirements informed debate and awareness of the accountability and common law principles of what is and, importantly, of our security services. what is not a fair trial. Secondly, the Leveson inquiry is dealing with the That is a difficult balance with no perfect solution, issue of how you fit the power of the modern media but the issues are immensely important. In the months into a traditional separation of powers model. What ahead, I look forward to seeing your Lordships’ House are the appropriate boundaries between media and at its very best as guardian of the constitution and the politicians? A not wholly dissimilar issue concerning civil liberties of our citizens. the relationship of the judiciary and the legislature arose when the Joint Committee on Human Rights 9.16 pm considered the Green Paper. I am extremely privileged to serve on that Joint Committee. Our 24th report Lord Winston: My Lords, the right honourable outlines the response to the justice and security Green Michael Gove, Secretary of State for Education, the Paper, and page 16 says that the Green Paper, other day made a very important point when he argued about the disparity between children going to private “redefines the meaning of a ‘court’ for certain purposes, and in schools and those going to state schools and the our view it would be beneficial to parliamentary scrutiny of such a measure if it could be informed by judicial views on a matter difference in our society afterwards. I have a solution which goes to the very nature of the judicial function”. which the Government might be interested in listening to. It does not need legislation, but it would be important Although this might sound rather novel, it is not to consider something of the kind. completely without transferable precedent. The judiciary as a group responded to the Green Paper on legal aid. Over the past 12 years, the Science and Technology Also, as I was looking at previous humble Addresses Select Committee has held two inquiries into science to see if there was any kind of standard to be adopted— in schools. I had the privilege of chairing one 12 years there is not—I found the speech from the noble and ago. Throughout our inquiry, we found very clearly learned Lord, Lord Woolf, outlining what happened that the things that really inspire children into science before proposed changes to custody periods for life are, first, inspirational teaching and, secondly, good sentences were introduced under the Criminal Justice practical work. As it happens, over many years, the Act 2003: level of laboratory experience in schools has got poorer “Before the law was introduced, and under the guidance of the and poorer. That is not due to any particular Government; noble and learned Lord, Lord Falconer, a meeting was held at the it has happened because of a lack of funding. At Middle Temple, where nearly all those who were playing a leading present, more than 30% of state schools have laboratories role were present to discuss the proposals”.—[Official Report, which are inadequate for the purpose. 27/5/10; col. 147.] We have immense possibility in British universities, In that case, the Lord Chancellor knew the judiciary’s where there is extensive plant, experts and laboratories view but I do not know whether the meeting was in to be used. Two or so years ago, we set up at Imperial private or whether there was an appropriate channel College in London a reach-out laboratory to which for the legislature as a whole to know these views. schools from underprivileged parts of London The present Lord Chancellor gave evidence to the could come in daily to get practical experience. The Joint Committee that he has spoken to the Lord Chief place is not run by academics but by a schoolmaster Justice and two High Court judges, thereby performing whom we employ. All five sciences will be available the role of conduit of some judicial views to the to children who come in: mathematics, engineering, Government. What about Parliament? I agree with my chemistry, physics and, of course, biology. During noble friend about the utter integrity of our judiciary. term time, underprivileged schools come in; during As the Green Paper’s proposals are for a change in the the holiday time, the gifted and talented children courts, not so much a change in the law, I felt that come in. Currently, the occupancy is between 80% and without representative views from the judiciary, I lacked 85%. a piece of the jigsaw properly to perform the role of We are doing that as a research experiment. I what parliamentary scrutiny. is happening. First, we are looking at the children who Finally, like my noble friend Lord Thomas of Gresford, come in over a long period—have two PhD students I found some of the words in the Ministry of Justice’s considering the outcomes. We are measuring four outline for the Queen’s Speech on this Bill interesting: different aspects of the next 10 years—to see what allowing courts to consider all material relating to the happens to them, not just what exam results they get case, even when national security prevents that information but what their aspirations are. Secondly, we are anxious being made public. How can you as a claimant put all to follow the teachers to see whether their experience your material before the court if you are not a part of in our laboratory changes the way that they teach, and the proceedings? To be a little technical, how can you the opportunity that they have to go back to university bring your rebuttal evidence if you have not heard the to be, if you like, researchers in residence once again. evidence you are to challenge? That seems powerful. Thirdly, we are looking at what 353 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 354

[LORD WINSTON] 9.23 pm works best: what messages work best, how you follow that up with electronic learning, and so on. Everything Lord Clement-Jones: My Lords, I am tempted today in the laboratory can be recorded and televised. to talk about a wide range of policy areas arising: Lastly and perhaps most importantly, we are measuring particularly, given my interest in autism, the forthcoming the impact on the undergraduate and postgraduate special educational needs, children and family Bill, students who come in during this exercise and act as which is so welcome and was heralded in the Queen’s role models for these children. So far, although we do Speech and in the update given today; or indeed the not have solid metrics, the indications are really media and Lord Leveson’s inquiry; or the question of overwhelming. The wealth of enthusiasm that these tax relief for charitable donations, on which I agree so children show in wanting to come back on leaving the strongly with my noble friend Lord Grade and the laboratory is outstanding. Teachers seem to be changing noble Baroness, Lady McIntosh. how they teach in schools and, as a Russell group However, we are in an exceptional year for heritage university, more and more of our undergraduates with the Diamond Jubilee celebrations, for sport with want to consider teaching rather than going into the the London Olympics and for culture with the London City. We are even starting to initiate a four-year course 2012 festival. Last week, I visited the Olympic park. in physics which, for its last year, will be a teacher All around it there are signs of new investment such as training course in physics from Imperial College, in Westfield Stratford City shopping centre and Inter conjunction with another university. IKEA’s investment at Sugar House Lane. After the This kind of initiative cannot work unless it is Olympics, we can expect Lend Lease and London & funded but it is not so difficult to fund. With a bit of Continental’s international quarter, Qatari Diar’s East charitable money, widening participation money and Village and many other exciting projects stimulated by a lower payment from schools than it would cost them the superb new transport links and the initial Olympic to do practical work in their own laboratories, we can park investment benefiting a huge number of residents fund this activity. We are now branching out to attract of east London. This will have been a huge achievement the private sector to do work in satellite laboratories for all those involved. around London, in private schools, and more and more That area of London of course forms part of the we are getting interest from industry. Rolls-Royce has wider “Tech City” and focuses on the creative industries, been particularly helpful. Just recently, the BG Group, digital technology and the cultural industries. It has a massive group with interests in energy, has agreed to attracted both large and small business and may well fund primary schoolchildren in this laboratory. We are be living up to its description as Europe’s Silicon currently going from about six years old up to 18, and Valley. I particularly welcome the announcement of a we are extremely encouraged not only by the support new tax credit for animation, video games and TV from the university but by the immense support from drama in the recent Budget. schools. The difficulty is actually to get enough schools going in because we are so crowded most of the time. There are, however, certain misconceptions in As I say, this cannot work unless it is rolled out considering the future of our creative industries that properly but we are already starting to go into partnership need to be addressed. First, there is the belief that with Southampton University. Cambridge is showing copyright in this country is inhibiting innovation and an interest and we are doing one on astronomy with that reform will somehow deliver a massive increase in Bradford, down the line. We have an indication that our creative industries’ output, a view held by Professor Bristol will be interested; King’s College is helping us Hargreaves and, it seems, the IPO. By contrast, the with the evaluation; Sheffield Hallam University is approach of Richard Hooper in laying the ground for involved as well. As we increase our impact, more and the new proposed digital copyright exchange, by engaging more universities want to adopt many of the methods with creators and the creative industries, seems to have that we are undertaking. been wholly constructive. In particular, his early thoughts about improving the licensing of copyright in establishing I must tell your Lordships that it is really the most the ownership of rights and in some cases improving wonderful experience. If you think about it, it is blindingly the availability of repertoire have been welcomed by obvious. Most of all, it prevents that major gap between all concerned. However, the Government should think school and university so that universities stop becoming very carefully before attempting to implement the a place to which you cannot aspire. It changes the bulk of the other Hargreaves recommendations, such nature of how children think about universities. That as those on orphan works and extended collective is also really important in career guidance because we licensing, without addressing issues surrounding moral can help there, too, with our specialist teachers who rights of attribution and the embedding of metadata. obviously help our major schoolmaster. We have specialist teachers in each subject: if it is robotics, we have a Beyond that, consumers need to have good access robotics expert and if it is biology, I might be dissecting to digital creative content, but the Government seem a rat, for example. We can get all these children to have to have changed their mind about a fair share-out of hands-on experience. I finish by telling your Lordships the under-1 gigahertz spectrum under the long delayed a remarkable thing that a child aged seven said to me 4G auction. They also seem to be ignoring issues the other month, having travelled an hour and a half relating to interference with digital TV signals. With from Redbridge to South Kensington. As he left the regard to fibre, we in the Communications Select lab at 4.30 in the afternoon—still not wanting to Committee are discovering that serious thought needs go—he said, “You know, I have learnt more today to be given to how to ensure access to trunk networks than I have in my whole life”. and dark fibre for small local operators. 355 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 356

We have a massively delayed Green Paper that is The challenges are well known. Britain is among due to set out the framework for a new communications the worst in Europe for heart disease, and Glasgow is Bill. With the advent of internet-enabled television the heart attack capital of the world. As many as a and YouView, policy decisions need to be made as a quarter of a million Britons will die from alcohol matter of urgency. The key question is what regulation abuse over the next two decades, while smoking causes of internet video material streamed through television over 100,000 deaths annually. Meanwhile, the UK has is appropriate to protect young people from harmful the highest levels of obesity in Europe, with one in content as we watch a mixture of linear and on-demand four British adults being labelled obese. The cost to viewing from many sources. the NHS of obesity-related illnesses is expected to It is clear that, as a co-regulator, ATVOD has learnt increase to £2 billion by 2030. By 2035, spending on from its first years of operation and is anticipating the diabetes, the majority of which is wholly avoidable future regulation of broadcast internet material that and linked to diet, will cost the NHS £16.8 billion. may be necessary. Ed Richards, the CEO of Ofcom, Add to that an ageing population, with both sexes flagged this up as a major issue in his speech at the living to an average age of 87 by 2030, and this Oxford Media Conference earlier this year. Even though country is facing a health crisis of monumental we may have different regulators for different media, proportions. The current younger generation will be we still need a new set of common principles that will the first generation in modern history to live shorter apply to the regulation of internet, broadcast and lives than their parents, although they will have the theatrically exhibited material. This is exactly the kind burden of paying for them, if they are lucky enough to of framework that a new communications Bill needs have a job. to address. The NHS employs more than 1.7 million people, Then there is the implementation of the Digital just under half of them clinically qualified. The NHS Economy Act. Of course I welcomed the outcomes of is the biggest employer in Europe. In fact, only the the Newzbin2 and Pirate Bay cases but, now that the Chinese People’s Liberation Army and Indian Railways Act has been judged to be valid under European law, employ more people. The NHS already costs the general why can we expect implementation of the initial taxpayer over £106 billion a year, and that bill may obligations code under the Act in only 2014? In addition, triple by 2025. As much as I like and respect my as PhonepayPlus, the regulator, says, there will be a current NHS GP, Dr Victoria Muir, our National growing convergence in payment mechanisms over the Health Service is not delivering for the British people next decade for digital content, and we need to make and the existing model, paid for from general taxation, sure that the regulatory framework is right and the is unsustainable. consumer is protected. There needs to be a fat tax levied on the purveyors A major concern of many in the creative industries of cheap, so-called fast foods, which are costing the and cultural area has been the lack of assertion of our rest of us so dear. It will not be penalising the poor; by phenomenal talent and skills in that sector abroad. saving their lives, we will be doing them a favour. In an I welcome the activities carried out by UKTI and in ideal world, people would voluntarily change their particular the appointment of the new intellectual lifestyles, but we all know simple invocation does not property attachés in China, India and Brazil. Like the work. We need compulsory healthy cooking lessons in noble Earl, Lord Clancarty, I welcome the great campaign schools and the imposition of a minimum 50p per unit promoting the UK abroad in the creative area, but on alcohol, as recently proposed in Scotland. While normally the British Council exists on a shoestring. avoiding the pitfalls of US Medicare and of Americanising The House was very supportive of my Live Music our health services, we should move to a comprehensive Bill earlier this year and it passed into law in the social insurance system of health funding, retaining previous Session. It is not often that, as happened on the principle of universal care at the point of need, but 20 January, a Bill emerges unscathed from the Commons where people are also encouraged to take responsibility when 63 other Private Members’ Bills failed. It will for their own lifestyle choices. The present health make a significant difference to our young musicians, system guarantees that, however feckless the individual, in particular, and I look forward to the revised guidance the general taxpayer will pick up the tab. that is due and to the Act coming into effect in Our current health service is an unfair lottery, where October. patients get not what they need, but what the NHS tells them it can afford, and where preventive care is 9.30 pm either poor or non-existent because it is not seen as a budgetary priority. The best drugs available should be Lord Truscott: My Lords, the National Health Service prescribed, rather than those deemed affordable by the in its current form is unsustainable, unsatisfactory and NHS. This can be achieved by adopting a continental-style urgently in need of reform. We are paying more for health insurance scheme, which would not only improve our health services, yet becoming unhealthier as a the quality of choice and care but empower patients, nation. Britain’s political parties are aware of the rather than commissioning GPs, to choose where and health challenges, but none is prepared to tackle the when they are treated, and by whom. NHS’s long-term lack of sustainability head-on for fear of being crucified by the electorate, yet the result 9.34 pm of this failure of political nerve will inevitably lead either to further cuts, rationing and declining public Baroness Warwick of Undercliffe: My Lords, I will health under Conservative Governments or to effective focus my brief remarks on those elements of the bankruptcy under the Opposition. Government’s programme that relate to higher education. 357 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 358

[BARONESS WARWICK OF UNDERCLIFFE] not provide data to HESA, but it is known that the What is most striking is that there is so much missing. Government spent around £33 million on loans to Last year’s Students at the Heart of the System White students in these institutions in 2010-11. With the Paper promised us a higher education Bill in this maximum loan to students at these institutions almost Session. That has not materialised, although the doubling to £6,000 in September, we know that Government have said that we may see a draft Bill in expenditure will increase to somewhere in the region the new year. of £100 million without factoring in any significant My first anxiety centres on funding. In the 2010 expansion. spending review, the average cut in departmental I fear that, in the absence of the higher education expenditure was 11.7%. BIS did considerably worse Bill, there will be no means of either controlling costs than the average, suffering a 29% cut. In 2012-13, that or protecting student interests. For that reason alone, translated into an 18% cut in recurrent funding to the Government should act swiftly, either to impose a HEIs. For most institutions, this will be more than moratorium on the designation of courses for student offset by the increase in income from tuition fees, but support or to enable those measures that are necessary this year’s Budget made it clear that there are further to bring private providers into line with other institutions. cuts to come. Departmental budgets will be cut by an In his reply, will the Minister tell me how the Government average of 3.8% a year between 2015 and 2017. Therefore, propose to control expenditure on loans to students at it seems inevitable that the cuts will need to be bigger private institutions, given that they cannot control than they were last time. However, the political climate numbers? is much more difficult now. Those cuts that might be Finally, I should briefly like to mention the regarded as having been more straightforward have communications Bill, which we are told to expect in already been made. The question for universities is draft next year. This Bill would, among other things, whether BIS will again face a larger-than-average cut implement the recommendations of the Hargreaves and, if so, how that will translate into university review and introduce new copyright exceptions for finances. research activity, such as text and data mining. That is The proportion of university funds that comes from important because our copyright regime currently prevents the state will fall to around 40% following the shift to academics from making use of technology to search higher fees this September. Nevertheless, universities and compare published research. Many of our competitors are still highly dependent on public funding for research, in other countries do not face the same restrictions, as well as for supporting high-cost subjects and activities which places the UK at a distinct disadvantage. Freeing such as widening participation. If university budgets researchers to use the potential of this technology will, were to be targeted for hasher cuts in the next spending I believe, deliver real benefits to UK research. Hargreaves’s round, what else could be cut? The research budget proposals were entirely sensible. I welcome the fact and the all-important science ring-fence that protects that the Government have agreed to adopt them and I it could start to look vulnerable. Universities can look forward to the relevant legislation being introduced. make an excellent case that cutting back on research that drives innovation and inward investment in the UK is economically suicidal. Universities are essential 9.40 pm to the Government’s core purpose of—in the words of Baroness Finlay of Llandaff: My Lords, the Dilnot the noble Lord, Lord McNally, in opening this debate— commission report on the funding of social care states: “sustainable recovery”. Therefore, I look to the Minister’s “We should be celebrating the fact we are living longer and reply for reassurance on the Government’s commitment that younger people with disabilities are leading more independent to research funding. lives than ever before. But instead we talk about the ‘burden of My second anxiety is about the impact of student ageing’ and individuals are living in fear, worrying about meeting numbers in the private sector. This matters because at their care costs”. the moment a growing number of private higher education I hope that the draft Bill will allow the Government providers have access to public funds via student loans to take an imaginative and forward-looking approach but remain largely unregulated. These private providers to the way in which we support those providing care so will not be subject to the £9,000 fee cap, financial that we do it in a way that is fit for the modern world scrutiny by the Higher Education Funding Council or, in which people now live. for example, oversight by the Office of the Independent Carers UK, in its report Growing the Care Market, Adjudicator. From September, students at such institutions sets out the costs of failures in social care and the will be able to access loans of up to £6,000 if their economic opportunities of stimulating the care market. course is one of those that has been designated—to It has been estimated that 1 million people have given use the jargon—for student support. I have no objection up work or have reduced working hours in order to to this. However, I note that because of the delayed care—in other words, about one in six of all carers. introduction of the higher education Bill, the Government Figures published recently from the London School of will not be able to control the student numbers on Economics show that the public spending cost of such courses. carers giving up work to care for ill or disabled people Those numbers are, at present, relatively small; is £1.3 billion each year in lost tax revenues and there were around 6,000 full-time students in 2009. additional welfare payments. That is an enormous cost However, applications are growing rapidly, partly because for not having got the system right. of constraints on student numbers in the publicly A Carers UK survey of more than 4,000 carers funded part of the sector. We do not know a great deal found that 31% of working-age carers gave up work in about enrolment in private providers because they do order to care or reduced their working hours because 359 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 360 local care services were unsuitable—they were too on small donations, because charities at the moment expensive, inflexible, unreliable or of poor quality. The are finding it difficult to continue to meet their care peak age for carers is between 45 and 65, a time when obligations. That will be an important and positive people tend to be at the peak of their careers, their part. But we also have a large number of unpaid knowledge and their experience. Carers often have volunteers who provide important care. multiple responsibilities. If they give up their work to On a completely separate note and topic, I commend care, their experience is often lost in the long term the Government for facing up to the problem of from the workforce because when they try to return alcohol abuse and its related economic and social they may have difficulty in regaining a job. damage to the fabric of society. The proposals on The lack of adequate social care has a knock-on minimum pricing are welcome, but a price that is a effect on healthcare. Very often, healthcare delivery is permanently fixed tariff will be diminished in effectiveness suffering because social care cannot be put in place. by inflation over time. I therefore urge the Government Patients do not come out of hospital as rapidly as they to consider a minimum price linked to another could because care packages are not in place or have independent mark of cost of living expenses, which broken down, or the additional supplement in care can then keep pace with alcohol prices over time and is that they need cannot be provided within the resources consistent across the four nations of the UK. of social care delivery. The scheme Employers for At today’s cost of living indices, a 40p minimum Carers, set up through Carers UK, recognises that a unit price is projected to result in 1,180 fewer deaths good system of care and support should be part of and 38,000 fewer hospital admissions annually, whereas being a good employer. There are some interesting if it were set at the proposed Scottish level of 50p the and innovative examples of supporting and providing projections of benefit rise and are more than doubled leave arrangements for the workforce. Centrica British to almost 3,000 fewer deaths each year and 92,000 fewer Gas found that special leave arrangements for carers hospital admissions. delivers a bottom-line return of about £1 million a year. 9.47 pm There is also interesting experience from abroad. Lord Black of Brentwood: My Lords, I would like to The Work and Care Act in the Netherlands provides a address the impact on Britain’ media businesses of the right to various forms of leave for working carers, with legislation in the gracious Speech. I declare my interest paid emergency leave of typically one day, short-term as director of the Telegraph Media Group and draw carer’s leave, which is reimbursed at approximately attention to my other media interests in the register. 70% of pay for a maximum of 10 days, and provision for long-term care leave. Poland has provision for As noble Lords will be aware, these are not easy short-term leave of up to two weeks a year with days for Britain’s newspaper and magazine industry, financial compensation at 80% of the average monthly which is part of a publishing sector that employs wage over the previous 12 months. 250,000 people. The inexorable, quickening pace of profound structural change in the industry, arising In France, family care leave was introduced in 2006. from the growth of digital media and the fracturing of There is an entitlement to unpaid leave if the carer is audiences and advertising, combined with a very deep looking after a disabled relative or dependant. There is recession, has placed media businesses under serious another leave option called family solidarity leave, commercial pressure. Then there is the long shadow which is available to employees to care for a relative cast by the Leveson inquiry and the menacing calls with a life-threatening or terminal illness. There is also from some of the witnesses who have appeared before the opportunity for leave entitlements based on the it for ever tighter restrictions on the media at a time working hours reduction, whereby leave can be when, commercially, they need much less regulation, accumulated over time up to 24 days, which can then not much more, if they are to survive. For some be taken later on if people need it to provide care for a businesses, we should be in no doubt that survival family member. In Canada, too, legislation allows really is a challenge. carers leave from employment when they are caring for a relative who is terminally ill—this is called Against that background, a number of measures compassionate care benefits. outlined in the gracious Speech, with one exception I shall come on to, provide a rare glint of sunlight to These measures are all operating in different healthcare pierce the May gloom. If not quite three cheers for the systems and areas, but it is interesting to see that in Government, there will certainly be two from the different parts of the world the problem of carers and hard-pressed business of journalism. The loudest cheer the need for families to be able to provide care has will be for the excellent news that we are finally going been looked at—and the solutions may in some ways to have a Defamation Bill to reform our oppressive be adaptable to the UK experience. Whatever we do and antiquated libel laws, which for far too long have and whatever emerges, it must be portable, so that if a had a serious chilling impact on reporting and investigation person moves nearer their family their care is not across the media. Like the noble Lord, Lord Thomas jeopardised, and it must involve the person and their of Gresford, I hope that it will succeed in ending the family in the assessment of care and provide information scandal of libel tourism. We need to ensure that this on how the family can access support and help. Bill really will create the new, robust and workable Much care is provided through the voluntary sector. defences needed to protect investigative journalism in I welcome the Government’s statement that they will the digital age of the 21st century. I am sure that the bring forward legislation that will decrease the burden chances of that will have been greatly increased as a on charities, enabling them to claim additional payments result of the careful scrutiny given to it by the Joint 361 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 362

[LORD BLACK OF BRENTWOOD] I do not want to trespass onto tomorrow’s economic Committee so expertly chaired by my noble friend business but I also commend the commitment to Lord Mawhinney, to which the Minister has already introduce the enterprise and regulatory reform Bill. referred. Many local newspaper businesses in particular, like Key to the legislation will be a trio of tasks: first, to many of the creative industries, which are often small-scale ensure that court action is restricted only to cases start-ups, continue to suffer from the burdens of where the most serious and substantial harm to an bureaucracy and red tape. I agree with my noble friend individual’s reputation truly is at issue; secondly, to Lord Grade: let the bonfire of regulations begin. I reduce the complexity and hence the cost of proceedings; believe that this Bill may do something to get the and, thirdly, to give the Reynolds defence real bite by flames going. I hope that ways might also be found to ensuring that there are strong practical defences to speed, simplify and cut the costs of the frankly Byzantine provide protection for legitimate investigative reporting. processes that local newspapers have to go through to In order to deliver real change, it will be vital that the change ownership. At the moment, too many local Government maintain a constructive dialogue with all newspapers are still closing because of the fear of the the different parts of the media during the Bill’s passage. burdens and cost of a Competition Commission referral. My noble friend Lord McNally has already shown This Bill would be a good place to start wholesale himself to be a willing and constructive listener. There reform of the system in a way that would be of real will be improvements to explore as well as potential value to local communities up and down the country. pitfalls to avoid, in particular any extension of courts’ It would be a real policy for growth. powers to dictate what goes on a newspaper’s front There is a great deal to be welcomed in the gracious page. I know that newspaper publishers and editors at Speech for those of us who have an interest in freedom national and regional level stand ready to assist. of expression and in the protection of investigative Another cheer is for the Crime and Courts Bill, journalism. I hope that the Defamation Bill, in particular, which will introduce cameras into some courts. It is can now make speedy progress through Parliament as now nearly a quarter of a century ago that regional the changes within it cannot come a moment too and national newspaper publishers took part in the soon. very first working group to look at court broadcasting. This shows that perseverance pays. All those with a 9.54 pm commitment to open justice and the public’s right to Baroness Thornton: My Lords, I am very pleased to know will now hope for a swift rollout from Court of take this opportunity to speak on the gracious Speech Appeal cases to the sentencing remarks of judges in and I do so partly with my new hat on. From about the local Crown Court. This would help enrich online now, I shall be the shadow Minister for Women and court coverage, particularly for Britain’s regional press Equalities on these Benches, and it is about equalities for which this issue is very important, and rapidly increase that I intend to speak today. public understanding of the work of the courts. I am sure that this legislation will be a great success and I First, I pay tribute to the health team on these hope that Britain’s media companies, along with the Benches, including my noble friend Lord Beecham, Society of Editors which has also worked very hard to whom I was privileged to lead for two years. I assure bring this about, can on the back of it persuade the them that I shall be with them in spirit, and occasionally Government and the judiciary that responsible coverage in body, as and when required by the new shadow of whole trials, with suitable safeguards, should not Minister, my noble friend Lord Hunt, ably supported now be indefinitely delayed. by my noble friends Lady Wheeler and Lord Collins. Of course, I need to add that the noble Earl, Lord So hearty cheers for those two Bills, but there is not Howe, and I have been opposite each other for more one, I am afraid, for parts of the justice and security than four years. Although we have done battle over Bill which point in the opposite direction to the openness some issues, I hope that I have always treated with of the Crime and Courts Bill. Proposals for the extension respect his knowledge and forensic questioning, and of closed material proceedings barring press and public certainly I could not have had a more charming and from access to hearings and evidence in some civil able opposite number. I look forward to working with cases brought against the Government open up the the noble Baroness, Lady Verma, with a similar good prospect of secret justice rather than open justice. I relationship. will not go too much further just in case my noble friend accuses me of being swept away in the tsunami I intend to limit my remarks to three matters: equal of overhyped hysteria, but there are some serious marriage, the fact that the Government’s comprehensive issues here, as my noble friend Lady Berridge mentioned. spending review failed the equality test in some significant Indeed, the Joint Committee on Human Rights has areas, and today’s announcement concerning the outcome already expressed deep concern about the paucity of of the Red Tape Challenge and reform of the Equality evidence in the Green Paper which foreshadowed this and Human Rights Commission. I regard these matters Bill to justify the proposals and its failure to consider as perfectly relevant to our debates on the humble the impact of such a radical departure from long Address either by their omission or due to the effect of established principles of open justice on the media’s government policies or legislation. ability to report matters of public interest. I am sure One of the many things not in the gracious Speech that we will have important debates in this House on was a commitment to follow through on the consultation this vital issue, as we will on the draft communications on equal civil marriage and to bring forward legislation data Bill, which has a potentially serious impact on in this Session. Appeasement of Conservative Back- the confidentiality of journalistic sources. Benchers seems to have been unkindly suggested. Indeed, 363 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 364

Craig Whittaker, MP For Calder Valley, in his blog on “no data or analysis on the potential impact of the Home Office’s 8 May warns the leader of his party that he will vote measures on race, gender or disability equality, to take into against equal marriage because he believes that it will consideration when deciding the Home Office’s settlement”. lead to polygamous relationships. He says that in That is a remarkable statement. British Columbia there were major attempts to legalise In three key areas—the introduction of the household polygamy through the courts using the precedent of benefit cap, the impact of cuts to the bus service same-sex marriage. Of course, Ms Nadine Dorries can operators grant and the abolition of the educational always be relied upon. She says: maintenance allowance—the commission was, “Gay marriage is a policy which has been pursued by the “unable to establish whether or not the decisions were in full metro elite gay activists and needs to be put into the same bin”. accord with the requirements of the duty”. She goes on: For example, the gender impact of the household “The policy is divisive, unpopular with the public, is tearing benefit cap was listed as “unknown”, despite the fact the Conservative Party apart”, that subsequent analysis revealed that 60% of those affected would be single women and just 3% single and then in somewhat contradictory fashion she says, men. I could go on. “and will influence absolutely no one in terms of the way they Notwithstanding the Government’s inability to provide vote in the future”. statistics, the House of Commons Library’s research I can see why David Cameron might not wish to showed that of nearly £15 billion cuts in tax, benefit expose some of the more eccentric views of some of and pensions announced in the emergency Budget, his Back-Benchers in this debate but, as Trevor Phillips, spending reviews 2011 and 2012 and the 2011 Autumn the respected and retiring chair of the EHRC, said on Statement, 74% of that—£11 billion—is being shouldered “The Andrew Marr Show” on Sunday, the truth is by women. That might possibly explain why the that, because there is policy agreement across the main Government were having such trouble attracting women parties, we should “get on with it”. We managed to get to their cause. the Equality Act through Parliament at the end of the I turn to the announcement that we had today. The previous Government’s term largely through cross-party Home Secretary told the media that she has the EHRC co-operation. The Liberal Democrat Benches, the under control through her response to the outcome of Conservative Benches and the then government Benches the Government’s equalities Red Tape Challenge and worked together to get through those parts that we could the reform of the Equality and Human Rights agree on. Surely equal marriage must be a candidate Commission. My honourable friend the shadow Equalities for such expedition. Certainly we on these Benches Minister, Kate Green MP, said that at a time when would welcome such a move. many people across the country are losing their jobs The consultation closes on 14 June. Depending on and feeling financially squeezed and are increasingly its results, the Government could easily commit to worried about poverty, it is disappointing that the having a draft Bill in Parliament in the autumn and Government have chosen to continue watering down have equal marriage on the statute book by the time of those provisions in the Equality Act that are intended the next Queen’s Speech. How wonderful would that to protect and support those who face discrimination be, and why not? and disadvantage. She is correct. I ask the Minister whether it is the Government’s intention to cut further Yesterday’s report by the Equality and Human the resources available to the EHRC and, if so, by how Rights Commission shows serious shortcomings in much. I specifically want to raise the Government’s the Government’s approach to meeting their responsibility proposed framework for the EHRC, which seems to to assess the impact on equality of their policies—in see it reporting to the Home Office rather than directly this case, the public spending cuts. The Equality Act to Parliament. Can the Minister confirm whether that set out specific duties on all public sector bodies to is the case? I shall be happy to receive a letter on that. assess the impact of their policies by gender, disability status and ethnicity. As figures emerged that around I am old enough to remember the destructive work 70% of the additional burden from tax credit changes, of the previous Conservative Government in this regard. benefit cuts and changes to public sector pensions in I can remember the Equality Commission having its the spending review and emergency Budget would fall funding and powers cut. I can remember the Commission on women, unsurprisingly doubts emerged about whether for Racial Equality finding itself under attack. It feels this duty was being taken seriously by the Government. as though the salami slicing of resources and powers that went on then may be going on now. I am afraid It seems from the report that Ministers were in such that the warm words of Theresa May, Lynne Featherstone a rush to make cuts that decisions were being taken and the noble Baroness, Lady Verma, saying how without stopping to make sure that their impact was much they are committed to the equalities agenda—I being properly analysed. So while in six of the nine know that they are—will only amount to something if areas that the commission examined in detail it believes they are judged by their actions and by the outcomes that the basic requirements of the duty were met, it of discriminated groups. The test will be if people, points out that the Government often cited insufficient individuals, groups, organisations, public bodies, businesses data as a reason for not examining the gender impacts and employers understand their responsibilities, rights of cuts, an assertion challenged by the Institute for and duties and if people can easily access information Fiscal Studies among others. The Home Office—the and advice about discrimination and be supported to Minister for Equality’s own department—is particularly take action. I think that I have just written my own job singled out for criticism as providing, description and I look forward to it. 365 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 366

10.03 pm The Government have a lot to deal with that will Baroness Hamwee: My Lords, it is after 10 o’clock; not be solved by legislation. That point was raised by a I am speaker number 57; I am on camera, as all of us number of noble Lords; it was never going to be a have been; and the sky has not fallen in—as it has not panacea. Conversely, I congratulate the Government over the many years of debates being broadcast from on the steps they have taken in the Ministry of Justice this and another Chamber. That may be enough for to prevent the proliferation of unnecessary new criminal now on cameras in court save to say, in answer to the offences. concern that counsel will play to the gallery—and this One matter that is more often the subject of secondary may be a risky observation—don’t they always? legislation and rules is that of immigration, and the In this House it is not just what you do but how you huge issue of the values and attitudes that underlie it. do it that matters. I am looking forward to seeing how However, legislation will not address the two issues the Government have responded to pre-legislative scrutiny that I now mention. One is the problem of delays by —much mention has been made of the Defamation the UK Border Agency. Here I am talking not about Bill—and how they have built on that sort of scrutiny. queues but about the issuing of visas—something that I am also pleased that we are starting on a new way of businesses find immensely frustrating. Nor am I talking looking at how legislation that was passed a while ago about what many of us regard as the inappropriate is working. inclusion of students in immigration totals. The The Queen’s Speech does not deal as much with the Government are concerned that to exclude them would way Parliament does things as with what the Government be fiddling the figures; our concern is that their inclusion plan to do, but I will mention one other aspect of the distorts the real picture. “how”. In no way is this aimed at our new Chairman Sometimes legislation is needed, and I am disappointed of Committees, whom I welcome to his office. Indeed, that there is no Bill on the presumption of death of I think that he may have sympathy with the point that people who are missing. It was not until I saw the work the governance of our House is outdated. I use this of the charity Missing People that I came to understand opportunity to make the simple point that all our how many practical and financial—leaving aside officeholders, not just the Lord Speaker, should be emotional—problems there are for families. The Justice elected by their peers on the basis of a job description Committee made recommendations and the noble and a fixed term of office—instead of just emerging. Lord, Lord Boswell, has brought forward a Private From the Government’s programme, on the issue of Member’s Bill. governance, the oversight of the security and intelligence agencies will present us with a challenge. How do we It is right that there is no Bill but that there will be ensure good governance when access to the subject pre-legislative scrutiny of provisions covering access matter is restricted? It will be difficult to achieve to communications data. Scrutiny means testing the public trust without complete transparency. I do not evidence, and parliamentarians need public debate diminish the importance of the new National Crime between experts on both technology and security. We Agency, but we will be debating it at Second Reading cannot turn back the clock. Perhaps I should be of the Crime and Courts Bill in less than two weeks. talking about technologies in the plural. Certainly we To readers of Hansard looking for a mention of have moved on—not just from when we communicated their own area of interest, I say that time constrains by letter, but from when the Regulation of Investigatory us. To those who say that reform of the House will Powers Act was passed. We must not miss this chance crowd out everything else, I say that there will be a to re-examine what is in place now to ensure our direct correlation with the number of times that we freedoms under the rule of law, which includes revisiting politicians feel the need to repeat the arguments. I RIPA. I might also revisit the issue of legal professional understand, incidentally, that we have one day to privilege. It does not take a crystal ball to predict that cover so many subjects, compared with two days on the use of closed proceedings will get a thorough constitutional issues, because the Opposition requested scrutiny too, although I hope that when we see the Bill two days of debate on the constitution. it will be less—I search for an adjective—extreme than what was, after all, only a Green Paper. I noticed, however, that last week the Home Secretary talked in Baroness Royall of Blaisdon: My Lords, I have to set the Commons about, this canard straight—or whatever the expression is. “proposals to deal with the limitations of the current court rules Perhaps I have to shoot the canard and set the record which do not allow sensitive intelligence evidence to be heard in straight. The Government came forward not just with civil proceedings, even where it is of central relevance to the a suggestion but saying that there would be two days case”.—[Official Report, Commons, 10/5/12; col. 177.] of constitutional debate and that the other days would That is not so. It is not the rules of court, it is the be apportioned as they are now. The Opposition said, security services which withhold the information. “No, we do not think it is a good idea to have two days Parliament is—and should be—in the business of of debate on constitutional reform”. However, the protecting our freedoms in the complicated society Government chose to do that; it was not at the request which is the 21st century. Society changes, challenges of Her Majesty’s Loyal Opposition. to freedoms may change, but the freedoms themselves are millennia old. At the start of the service on the Baroness Hamwee: The House heard what the noble first night of the Jewish festival of Passover, which is Baroness said. I was informed by somebody very close about freedom, the service describes it thus: to the decisions. If it is a question of setting the canard “Freedom from bondage and freedom from oppression, freedom straight, do I say “quack”? from hunger and freedom from want, freedom from hatred and 367 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 368 freedom from fear, freedom to think and freedom to speak, The Duchy owns the foreshore and fundus in Cornwall, freedom to learn and freedom to love, freedom to hope and so if you want to play on the beach or use a ferry, you freedom to rejoice”. have to pay a sort of tax to the Duchy. I believe that it That is still entirely relevant. is proposing to charge those people who want to use metal detectors on the beach £50 to do so. That is not 10.11 pm done anywhere else in the country, so why should Lord Berkeley: My Lords, being the last Back-Bencher Cornwall be able to do it? to speak, I thought I would talk about an issue that The next two things are much more difficult. Bona was not actually legislation in the gracious Speech; vacantia and escheat concern treasure trove, something there was a statement of intent that the: that we all understand. Basically, it means that the “Government will continue to work with the fifteen other Commonwealth Realms to take forward reform of the rules Duchy has the right to ownerless property, goods and governing succession to the Crown”. treasure. Is that a right for a private individual or a This is interpreted to mean that the eldest child, of public body? There is also an obligation to meet part either sex, would inherit the Crown and there would of the costs of the head of state—something we have no longer be a ban on Roman Catholics inheriting. I debated often enough—and to submit accounts to suggest that this is not before time. The Prime Minister Parliament. There is a right to be consulted on and has also been quoted as saying that he will introduce give consent to Bills that affect the private interests of legislation before the next election, so there is clearly the Prince of Wales. That, too, is a good one. not much hurry there. No doubt there are many more of these issues, but Given that today’s debate includes legal issues, I the most important one is that the Duchy has the right thought it would be useful to suggest that this legislation to be represented by the Attorney-General. It would should be extended to clarify the status and role of the be nice to be represented by the Attorney-General at Duchy of Cornwall. I raised this briefly during debate no cost. This is really why I tabled an amendment to on the Legal Aid and Sentencing Bill, for reasons I will the legal aid Bill because it is unfair that people who explain later. The main issue to be resolved is whether have a dispute with the Duchy have to provide for their the Duchy is a private or public body, something in own costs while the Duchy can use as much of the between or outside the law completely.As a representative state legal machinery as it wants. Again, that is pretty of the Duchy claimed at a hearing of the First-tier unfair. Tribunal of the General Regulatory Council, which What should be done about this? There is a Bill in I quoted, the Queen’s Speech which I mentioned earlier. At the “the Duchy is not democratically accountable in any meaningful moment we have the Duchy of Cornwall owned by sense”. Prince Charles as if it was his private fiefdom. It does I believe that it is time that it was. I have since not have any democratic accountability. Its tenants are uncovered a further list of rights, duties and obligations left effectively without any means of making complaints that the Duchy still has. Some are effectively dormant, because they know that if they do so, they will be some are used occasionally and some rather more treated rather badly. Why should an unelected body frequently, but there is the threat of use and a lack of not only have such powers, but go on to claim that it is democratic accountability on all these counts. I shall not even a public body at all, as it has done? It is as if it quickly list them. One involves the harbour authority sees itself as sort of floating above the riff raff as it is of the Isles of Scilly, which includes the right to create not democratically accountable in any meaningful sense. by-laws and breaching them would be a criminal offence, which would be rather odd if a private person was able I suggest that it is time to modernise the Duchy and to do it. The Duchy is a major landowner in much of put it on a modern footing, or possibly dissolve it. The Cornwall. Some say it is a good landowner, some say problem of revenue for Prince Charles could be solved otherwise, but that is no great surprise. What is missing through the Crown Estate because this year the is the leaseholders’ ability to get enfranchisement or be Government have introduced a new law which says able to buy the freehold of their property. If they were that the Royal Family should get 15% of the Crown council tenants they would have been able to do that Estate’s revenue. I did ask whether the Crown Estate for years, but you cannot do that with the Duchy. The has a forward budget and I was told it does not, but as Duchy also has the right to Crown immunity.I understand it is to get a slice of all the revenue from the windmills that between 2003 and 2008 it made some £43 million that are being put up around our coast, I think that in capital gains and did not pay any capital gains tax there is probably plenty of money around. I suggest on that sum. that Duchy tenants should be allowed the right to buy I turn now to more interesting issues. The Duchy their houses or properties as if they were council has the right to any whale, sturgeon or porpoise that tenants, which in any case would be good revenue for gets landed in the county. I am not sure whether the the Treasury. Most important, the Duchy should not present Prince of Wales would exercise that privilege, have Crown immunity and we should not need to ask and quite right too. The Duchy is the Receiver of permission to promote Bills that affect the Prince of Wrecks, and again, why is this different in Cornwall? Wales’s private interests. Moreover, the free legal services It also has the right to the gold and silver mined in of the Attorney-General, although very nice, should the county. It is interesting to note that apparently the be abolished. All these things are pretty important in Crown Estate is challenging this right. It is not the order to bring the Duchy into the 21st century. Government and it is not the Royal Family challenging It may even be best to transfer all the residual rights each other; perhaps there is an argument for putting to the Crown Estate and abolish the Duchy completely. them all into one pot. Land could be handed to the local council. Would it 369 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 370

[LORD BERKELEY] believes that we are more heavily regulated than our be nationalised or was it nationalised already? That is competitors. In the light of his rather reactionary a debate we can have, but anyway it could be done on views about these matters, he might consider adding the basis of localism, with surplus going to the Treasury. the prefix “retro-” to his surname. The harbour of the Isles of Scilly could be transferred Those are not the only areas in which the Queen’s to the council, or turned into a trust port, with enough Speech is lacking. There is nothing to tackle the growing land to help it. There is an awful lot to do and a lot of housing problem, forced marriage or media ownership, uncertainty about all this, and it is very unfair on despite the urgings of the noble Lord, Lord Fowler. people who are trying to do business or take action The cry there is, “Wait for Leveson”, although his against the Duchy that there are all these things stacked inquiry’s brief does not run that far. I suspect that we up against them. I hope that the Government will look might as well be waiting for Godot, and the same goes at this and take it forward. for legislation on lobbying, much talked about but by In closing, I must challenge the statement by the no means visible. noble and learned Lord, Lord Wallace of Tankerness, in his response to me in that debate in January, when What chiefly characterises the Government’s he said it was for the courts to decide whether a body programme, legislative and otherwise, is its underlying is a public authority. He might be right if it is just the ideology, resting as it does on an aversion to public Human Rights Act we are talking about, but I suggest services and an almost unquestioning espousal of the that it is for Parliament to decide and it is for the merits of the market, privatisation and, increasingly, Government to start this process. I hope they will soon. payment by results—although I hope for the sake of Ministers that that rule will not apply to them. 10.20 pm Alongside these dogmas, we see also the fragmentation Lord Beecham: My Lords, I begin by joining the of local government and local accountability, with noble Lord, Lord McNally, in his tribute to my noble councils and, for that matter, parents being completely friend Lord Bach, who has given 14 years of most sidelined in education and accountability being directed distinguished service on both the government and upwards to the Secretary of State. Talk of freeing opposition Front Benches. It was a particular pleasure schools from council control is specious: it is many for me to work with him on the Legal Aid Bill—about years since councils controlled schools. What we are the only aspect of that which gave me pleasure. Your seeing, to the growing dismay of the teaching profession Lordships will recall the famous declaration of the and others, is an unseemly, competitive scramble rather noble Baroness, Lady Thatcher, that, “Every Prime than the co-operation of the whole education service Minister needs a Willie”—so does the Labour Front in the interests of the whole community. Bench. We will miss him enormously. I also pay tribute Similarly in policing, as my noble friend Lord to my noble friend Lady Thornton, who has done a Mackenzie reminded us, November will witness, at a remarkable job, both in government and in opposition, cost of £70 million, the election of 41 police commissioners particularly over the many months during which the controlling 11% of council tax in England but at a Health and Social Care Bill was debated in your remove from local authorities. Turnout in the recent Lordships’ House. local elections was disappointingly low. How many Today we have at last moved on from the seemingly people will turn out in a cold and damp November to interminable debate about Lords reform which has so vote for this new and unsought-for position? I note in gripped the popular imagination. However, the Queen’s passing that there will apparently be no turnout of Speech—though, as ever, gracious—might be thought Liberal Democrat candidates, as they profess now to to suffer by comparison with “The King’s Speech” in oppose the creation of the posts for which they voted terms of both its content and dramatic impact. True, when the legislation was passed. there is at least one feature in common: the leitmotif of “The King’s Speech” is a monarch with a stutter; In the matter of voter participation, how will the the background to the Queen’s Speech is a Government Government ensure that, under their electoral registration in charge of a stuttering economy. The difference is Bill, the fears of the Electoral Commission about a that the King took steps to deal with his problem. The significant drop in registration are not realised? This is Queen’s Speech betrays little evidence of a Government especially important given the pending boundary review with the will or capability of doing likewise. and the frequency of future reviews. In a recent debate, I briefly entertained the noble Let us at least, however, celebrate the inclusion in Lord, Lord Henley, with a reference to Dickens. As it the gracious Speech of the worthy Groceries Code is Dickens’s bicentenary year, I will draw on him again Adjudicator Bill, which will be for ever more the talk for it seems to me that this Government increasingly of Tesco. resemble the theatrical troupe in “Nicholas Nickleby”, In the realm of crime and justice, there are five Bills. with the Prime Minister as Vincent Crummles and the Reform of the law of defamation is welcome, as many Chancellor as the “Infant Phenomenon”. of your Lordships have commented today, especially It is as instructive to consider what is not in the since it will bring, one hopes, an end to libel tourism. Government’s programme as it is to ponder what is. We need to ensure that access to redress is available to As several of my noble friends and indeed other noble victims of limited means, and we will want to examine Lords have pointed out, there is nothing on social care what is meant by “serious harm” to reputation, not so beyond a limited draft Bill. There is nothing likely to much for companies and corporate bodies as for make a significant difference to the economy and job individuals who may feel that they have been defamed. creation. The noble Lord, Lord Grade, is wrong if he Similarly, moves to reduce reoffending and encourage 371 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 372 effective community sentences will also receive our of local justice with the closure of magistrates’ courts. support, though we will wish to ensure that the punitive I share her reservations about single lay magistrates aspects do not outweigh the constructive. sitting and taking decisions. However, just as the Labour Government might As ever, the Opposition will do their duty in scrutinising legitimately be held to have laid greater stress on being this and other legislation, improving it where possible tough on crime than on the causes of crime, so the and opposing it where necessary under the rubric Crime and Courts Bill should not stand alone. What is which I have voiced before and make no apology for needed is a recognition that early intervention and the repeating: “Justice, justice shalt thou pursue”. Of course, involvement of many agencies of government, local we will hold the Government to account for their sins and national, will be required if the indicators and of omission, too. We invite other Members to join us predictors of offending, ranging from poor literacy in so doing. and numeracy skills to early parenthood, unemployment and the high prevalence of mental health problems 10.31 pm and personality disorders, are not to continue damaging lives and communities. This requires the kind of whole- The Minister of State, Home Office (Lord Henley): system approach advocated by the noble Lord, Lord My Lords, I rise as the 60th speaker in this debate and Smith of Leigh, in relation to health and social care. the House will be grateful that I am the last. The In addition, it is time to address the problems implicit House will be even more grateful that, when I looked in the disproportionate number of defendants from at the list yesterday, it looked as though there would be black and minority ethnic communities being denied 76 speakers in the debate. At that point, I did my sums bail or sentenced to imprisonment compared to other and worked out that I could devote something of the defendants tried for comparable offences and with order of 20 seconds to each speaker. That has presumably comparable backgrounds. increased by some marginal amount but not much. I make that point purely to make it clear that I cannot We will also support proposals—although one listened devote that much time to every individual speech. I with care to the noble Baroness, Lady Meacher—to hope that, where appropriate, I will be able to write make it an offence to drive under the influence of and respond to the points that have been made. drugs. That seems a very sensible measure, although what she said today will need to be very carefully As always, it has been a very wide-ranging debate. considered. We have covered quite a number of different departments —the Department for Education, DCMS, my own The justice and security Bill raises serious issues department the Home Office, the Department of Health, and will need careful scrutiny. The notion of secret the Ministry of Justice and the Department for Work trials or inquests, referred to by the noble Baroness, and Pensions. I think I have been associated with Lady Berridge, or of evidence given without the possibility virtually every one of those departments at one time of rebuttal, would be a major departure from our or other, with the exception of the Department for traditions, not lightly to be undertaken. In the words Culture, Media and Sport. I hope that I can still of the noble and learned Lord, Lord Kerr, in the respond to some of those points. Supreme Court, to be truly valuable, As always, considerable expertise has been shown “evidence must be capable of withstanding challenge. I go further. by noble Lords from all sides of the House. I will pick Evidence which has been insulated from challenge may positively mislead”. out one or two examples. We were very grateful for the contribution from the noble Lord, Lord Warner, who While the protection of the public is paramount, it is served on the Dilnot commission and comes with his necessary to maintain and, where appropriate, reinforce experience as a former Health Minister. We look forward judicial and independent scrutiny of the security and to the help, advice and constructive criticism—and, no intelligence services so that the rights of the individual doubt, unconstructive criticism—that he will give in are not impaired without the most thorough scrutiny due course as various bits of legislation go through. and the most cogent reasons. Turning to the Cross Benches, again I was grateful to In relation to closed-material procedures, the the noble Lord, Lord Adebowale, who comes with his Government’s proposals go further than in any other experience as chief executive of Turning Point. I offer country surveyed in their Justice and Security Green him my thanks for the various trips that he has arranged Paper, including the USA. We understand that part of for me to see some of those organisations. I particularly the rationale for the Government’s proposals lies in remember one—I think it was in Manchester. If it was fears that the US may be less disposed to share intelligence a Thursday it must have been Manchester; it was that information without them. The recent experience of sort of visit. I am grateful to him for doing that. the US over the underpants bomber and the dissemination Turning to my own Benches, I am glad as always of information—which undoubtedly they wish had that my noble friend Lord Colwyn brought his experience not been disclosed, though it had nothing to do with as a dentist, of dentistry and the NHS and dentistry. this country—makes that claim worthy of the most Turning to my noble friends on the Lib Dem Benches, careful exploration. I was particularly grateful to have two eminent QCs in I endorse and welcome the concerns expressed by the form of my noble friends Lord Thomas of Gresford the noble Lord, Lord Thomas of Gresford, on these and Lord Marks of Henley-on-Thames offering their matters. I echo his doubts about the proposed national advice on some of the Home Office and Ministry of crime agency and there being single court systems. I Justice Bills. My noble friend Lord McNally and I also agree with the noble Baroness, Lady Seccombe, certainly look forward to their very helpful advice and on the difficulties that may be occasioned in the perception constructive criticism on the Crime and Courts Bill, 373 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 374

[LORD HENLEY] We have ranged wide over many things. A number no doubt on the communications data Bill in due of questions have been put which I hope to deal with course, the justice and security Bill and the Defamation largely by correspondence. I want to get on to a Bill. I think I can say on behalf of myself and my number of particular points that have been raised. noble friend that if we do not get as much support as If noble Lords can remember that far back, I start we should have on those Bills, we will send them off to by going back to the introductory speech of the noble help out on the Trusts (Capital and Income) Bill. I Baroness, Lady Hughes, when she complained that we think that they will find that somewhat drier a matter are not dealing with the issues that matter. I think to deal with. there is quite a lot here that matters and that we have As I said, we have dealt with a whole range of to do. I have to remind her what we have achieved over points. I want briefly to touch on some of the points the past year—over the past two years, because we that do not really relate to the Queen’s Speech but have had a lengthy Session. She might not like all of deserve passing mention. I start by dealing with the what we have achieved, but I take her back to the comments of the right reverend Prelate the Bishop of reforms that we have made to the police with the Oxford and echoed by others, including the noble police and crime commissioners; the health reforms Baroness, Lady Warwick. They regretted that there that, sadly, my noble friend Lord Howe has had to was no higher education Bill and that there have been leave but which are seared on his soul, from his having delays in this area. The right reverend Prelate and taken them through this House; the welfare reforms others will have to accept that there have been competing achieved by my noble friend Lord Freud; the reforms demands, as there always are, for space in the legislative we have made to education taken through this House timetable. The White Paper is out, and we hope to and another place; and the LASPO Bill and other publish our response to the consultation, to use a reforms to criminal justice. I also give an assurance, as ministerial word, shortly—or in due course. I hope a reminder of the point which I think my noble friend that noble Lords will bear with me for that. Lord Dholakia made, of the reduction in the number We had a very interesting intervention from my of young people we have seen who are in detention. noble and learned friend Lord Howe of Aberavon on weights and measures. I have to say to him that, Perhaps I might start by saying a word or two about although it has been dragging on for some time, I the children and families Bill and its timetable, because think that we would wish to take the people with us on that was a point raised by the noble Baroness, Lady that. If one looks at the metric martyrs and others, Hughes, and others—including, I think, the noble I am not sure that we have quite convinced the rest of Baroness, Lady Massey—who were concerned about the population of the merits of proceeding in the it having a carryover slot. The noble Baroness then direction he wants us to go in. implied that it was not even going to be fit to go on the statute book until the end of this Parliament. In fact, We had an interesting intervention from the noble it is only carried over for one Session. I remind her Baroness, Lady Billingham, on funds going to the that carryover is a process introduced by the previous Lawn Tennis Association. I regret to see that the noble Government and one which, ever since it was introduced, Baroness is not in her place. It offered an interesting all Governments have found convenient for the better parable about how some public money gets spent management of Bills. We believe that that Bill needs a without due checks and balances. I was shocked when carryover slot because keeping it to the second Session I heard what she said was happening and how much would not have allowed enough time for the valuable money was going out. I was encouraged to hear that, learning and evidence from the special educational as I understand it, Sport England will now be looking needs local authority pathfinders to be incorporated for greater use of payment by results, which the noble into the legislation. I give an assurance that there will Lord, Lord Beecham, will no doubt regret. Proper be independent evaluation reports in spring—at the checks on how government money is spent strikes me end of this year and in March 2013. as a much better process than handing over £26 million a year—or perhaps it was £26 million over four years— On that same children and families Bill, there was a with no proper audit. faint feeling that we were fixated with numbers on We had a whole range of other interventions. We adoption. Again, the noble Baroness, Lady Hughes, had very useful ones from my noble friend Lord made this point but it was echoed by my noble friend Stoneham and the noble Baroness, Lady Hollis, on Lady Walmsley and the noble Baroness, Lady Morgan pensions. No doubt those are matters that we can look of Huyton. I have to say that while we are starting at in due course under the pensions Bill, which will be with adoption, we have not lost sight of other important one of those carry-over Bills that will extend into this matters. Adoption is the first and, we believe, the most Session. pressing priority at this stage but the Government want all children for whom adoption is in their best We had interesting interventions from the noble interests to be adopted without delay—as long as it is, Lords, Lord Laird and Lord Maginnis, on police I stress, within their best interests. The introduction of corruption. I reject the complaints that they are making. special guardianship orders may have an impact on I think that there might be individual cases of corruption, numbers being adopted, and we have commissioned but, as I made clear at Question Time, we have adequate further research to understand that. processes to ensure that they are checked by the Independent Police Complaints Commission. The If I may, I will move on to the care and support Bill. important fact is that that commission is independent. I start off by reminding the noble Lord, Lord Warner, I repeat that for us within the Home Office to try to who accused my noble friend Lord McNally of not second-guess what it was doing would undermine it. mentioning it in his introductory speech, that if he 375 Queen’s Speech (Fourth Day)[15 MAY 2012] Queen’s Speech (Fourth Day) 376 looks carefully at that speech he will find that the Bill working with other law enforcement agencies, to ensure was mentioned. I invite him to do that. This Bill has that there is an effective national response to serious been brought in draft and we recognise its importance. and organised crime. As he says, these provisions will What we feel to be important is simplifying and clarifying be critical for the future success of the NCA. the care and support legislation; we do not want to As for the noble Lord’s particular remarks about miss this opportunity. We believe it is an important Section 5 of the Public Order Act, I ask again that he objective in its own right and will make a difference to be patient for a little longer. It is a complex issue, and all those who need care and support, and who work in we have to give careful consideration to the views providing these crucial services. The draft Bill will be a expressed in the 2,500 responses that we have had to key step towards delivering the Government’s vision, the consultation. We believe that the NCA will be able which will be set out shortly—I am afraid I have to use to build on SOCA’s strengths but will be distinctly that word again—in the White Paper on care and different. The threat from serious organised crime is support. As to the precise timing, I am afraid that I changing and criminals are constantly adapting to cannot take the noble Lord and others of your Lordships evade detection using the latest technologies to commit any further at this stage. However, publishing it in crimes that harm individuals, communities and the draft will give all those with experience and expertise, economy. The NCA will be different from SOCA and of which there is a great deal in this House, an opportunity will have to address those threats. It will also take a to get things right. leading role in changing the way that the whole of the Perhaps I might address the point about funding law enforcement landscape works together, and will be which I think was raised by the noble Baroness, Lady able to say just how law enforcement agencies operate Wheeler. As regards funding, we recognise the pressures across the piece. which the system faces as part of the spending review I note my noble friend Lord Marlesford’s criticisms and we allocated an additional £2 billion per annum of the UK Border Agency and UK Border Force, and by 2014-15 for social care, including an unprecedented we will listen to them most carefully. He has taken transfer from the National Health Service to social considerable trouble to go to see UKBA and inform care support joint working. We know that in the himself of what it is doing. Obviously there is more longer term, however, we need a sustainable and affordable that we can do, and we expect the highest standards of solution and we want a social care system that is a UKBA and the rest of the Border Force staff. We hope partnership between the state and the individual. that the majority carry out their roles with appropriate The noble Lord, Lord Collins, raised the question professionalism and integrity. We will listen to the of equal marriage. I start by offering an apology to suggestions that my noble friend has made and look him and to my noble friend Lord Grade: I missed their forward to improving the way these agencies work. speeches because one has to take some time out in the However, I have to remind noble Lords that we have, course of an eight-hour debate. The noble Baronesses, in effect, two conflicting desires to keep together here. Lady Lister of Burtersett and Lady Thornton, also One is to make sure that we maintain the security of raised the issue of equal marriage. We recognise the our borders and the other is to make sure that everyone strength of feeling on this issue and are committed to can get through immigration with appropriate speed enabling same-sex couples to have civil marriage, and and without having their journeys disrupted, as has we are consulting on how to do that. That is something happened on some occasions in recent days. that my honourable friend in the Home Office, Lynne The noble Lord, Lord Mackenzie of Framwellgate, Featherstone, has made quite clear. We also recognise, raised a number of points, and there is one I want to though, that it would not be right for any religious deal with. It is about giving the police the right to organisation to be forced to conduct same-sex marriages strike. When I look at the changes being proposed by as a result of those proposals. Tom Winsor, I see that we currently have a very As the noble Baroness, Lady Thornton, made clear, outdated pay system that was designed some 30 years the consultation closes on 14 June, and we encourage ago and does not reflect the skill and professionalism those who have not yet done so to come forward with of the service. The proposals in part 2 of Tom Winsor’s their views—they have three or four weeks. We know report would reward hard-working officers in some of that this is an issue that people feel strongly about, the toughest jobs. We are going through the very which is why we want to hear from anyone with an proper process of considering and consulting on those interest, but the consultation proposals relate only to proposals, but police officers cannot strike and we do civil marriage ceremonies. We believe that a couple not think that it is right that they should strike, and who want to get married and move on in this way that is not going to change. The police are a civil should not be denied the right to marry just because of emergency service, and it is vital that that service is their sexual orientation. able to discharge its duty to protect the public and keep the peace. I turn to the Crime and Courts Bill, which received a degree of criticism from my noble friend Lord The noble Baroness, Lady Meacher, touched on Thomas of Gresford and others. There was as always drug-driving, as did, I think, the noble Lord, Lord the usual criticism of the Home Office; that is something Mackenzie of Framwellgate, and others. I accept that that we have come to expect and which I think we can this will be a difficult matter to get right technically. I live with. I am grateful that there was at least some think the noble Lord, Lord Beecham, spoke about support, from the noble Lord, Lord Dear, for the that while offering his support. This is a matter that we creation of the National Crime Agency. I welcome his will have to consider very carefully when we get to that support for the provisions that will enable that agency, Bill because there are technical matters relating to how 377 Queen’s Speech (Fourth Day)[LORDS] Queen’s Speech (Fourth Day) 378

[LORD HENLEY] The focus of the Government and everyone involved is you test for drugs, which the noble Baroness, Lady to deliver a safe and secure Games for London, the Meacher, touched on, how much should still be in the United Kingdom and the whole world to enjoy. Home body and whether it has an effect, but all those matters Office-led activity is there to safeguard and secure the can be considered in due course. Games and remains firmly on track, but we do not want these Games to be the security Games; we want We are grateful for the varied and interesting points the security to be as low-key as possible while maintaining that have been raised in the debate in relation to the the highest possible standards. Safety and security Defamation Bill by my noble friends Lord Marks, funding for the Games has been protected and we Lord Grade and Lord Black of Brentwood, the noble believe it is an appropriate investment in the safety Lord, Lord Macdonald of Tradeston, and others. As and security of the public and our international visitors. my noble friend Lord McNally indicated in his opening The terrorist threat that we face today is real, but we speech, our core aim in introducing this Bill is to have planned to a threat level of “Severe” to ensure reform the law so that it strikes the right balance that the greatest possible flexibility exists. between the right to freedom of expression and the protection of reputation. As all the points that have As I said earlier, it is very challenging for me to do been raised illustrate, there is a wide range of views on justice to a debate of this sort. I appreciate that I have exactly what that balance should be and how individual answered a mere tithe of the questions that have been issues should be dealt with, but I think that when we raised and I recognise that many other points will be get that Bill we will have an interesting and informed raised. I will certainly make it my role to ensure that I debate on the subject as it proceeds through the House. respond, where appropriate, to all the questions that have been put forward. Finally, because we have had a long day and it is More importantly, I certainly look forward to time that we rose and left things for another day, I discussing the various Home Office, Ministry of Justice, shall just say a word or two about the Olympics. This Department for Work and Pensions and other Bills subject was scarcely raised during the debate, other that are coming to us in reality or in draft. I look than, I think, by the noble Lord, Lord Macdonald of forward to vigorous debates on all those measures Tradeston. We are now down to fewer than 100 days announced in the Queen’s Speech. I commend the until the opening ceremony of the Olympic Games. I programme to the House. think we can all say that we are on track for a great Games. The project is on time and on budget. Test Debate adjourned until tomorrow. events and readiness exercises are taking place repeatedly and, as I understand it, the athletes are also in training. House adjourned at 10.56 pm. WS 23 Written Statements[15 MAY 2012] Written Statements WS 24

generally low awareness of the trial but some support Written Statements for it from residents surveyed when its objectives were explained; and Tuesday 15 May 2012 no detriment to safety. In my previous Statement, I also set out the timetable Airports: Heathrow for phase 2 of the trial. Following advice from the Statement CAA, I am announcing today that I have agreed to a six-month extension of phase 2 which will now run from July 2012 to March 2013. Earl Attlee: My right honourable friend the Minister of State for Transport (Theresa Villiers) has made the The CAA concluded that the relatively short duration following Ministerial Statement. of phase 1 meant that the evidence it provided on the My Statement of 14 July 2011 (col. 55WS) announced impact of operational freedoms was more limited a phased trial of operational freedoms at Heathrow than anticipated, partially as a result of an unusually Airport to gather evidence in relation to the greater high level of easterly operations. The extension until use of tactical measures, in defined and limited March 2013 will increase the amount of data generated, circumstances, to prevent or mitigate disruption and enabling a more robust analysis of the benefits and to facilitate recovery. The trial is run by BAA, the impacts, allowing a direct comparison between phases airport operator, with oversight provided by the Civil 1 and 2. A longer trial will also reduce the risk that Aviation Authority (CAA), the independent aviation external factors (such as easterly winds) significantly regulator. limit the amount of usable information. This will ensure that the eventual consultation with local These measures are consistent with the Government’s communities on whether a more permanent operational commitment to runway alternation at Heathrow. I freedoms regime is adopted at the airport is based on a would also emphasise that the trial will not increase sufficient level of evidence. the number of flights at Heathrow, which remains capped at current levels. Phase 2 will also mean that Heathrow will benefit from greater resilience during the Olympic and Paralympic Phase 1 of the trial ran from 1 November 2011 until Games period, when the airport will be under more 29 February 2012. An interim report on the first two pressure than usual. months of phase 1 was published by the CAA on 21 February 2012. The CAA has today published its Improving punctuality, tackling delay and strengthening final report on phase 1, alongside a report by BAA, resilience at Heathrow would improve the quality of assessing the impact on operations at the airport and the UK’s international connections and enhance the on communities around Heathrow: www.caa.co.uk/apfg. reputation of our largest international gateway. Phase The CAA’s report is encouraging about the benefits 1 has shown that, without prejudging our views on the of the measures trialled so far, but suggests that more associated impacts, there is potential to deliver operational detailed data and analysis are required from phase 2 to benefits without increasing capacity. We therefore have draw definite conclusions on these and the impacts on grounds to believe that there is still more that can be local communities. done to deliver a better Heathrow, while continuing to protect communities affected by aircraft noise. The CAA report concluded BAA ran phase 1 of the trial within the parameters agreed with Government I have therefore agreed to the continuation of the and generally collected and published data for analysing trial of tactical use of dual arrivals and departures the trial in an appropriate and transparent manner. measures agreed for the first phase. I have also agreed The CAA noted that the broad spectrum of interested that the following freedoms should be added to phase 2: parties, and the technical nature of the measures trialled, aircraft scheduled to arrive after 0600 will be made successful engagement with local communities permitted to land between 0530 and 0600 provided challenging; and it made suggestions for improvement. that the same number of flights scheduled to arrive The report also accepted BAA’s analysis that phase 1 between 0430 and 0500 are rescheduled to after of the trial recorded: 0500. This is expected to delay the onset of noise dual arrivals were deployed for 3.2% of westerly disturbance to local communities in the early arrivals at the airport (1,802 out of 56,260 arrivals); morning period and enhance the resilience of the an average increase of 13 de-alternated flights each schedule; day on westerly arrivals, from 21 to 34 per day; during “segregated” operations departing aircraft dual departures were deployed for 0.07% of westerly may be redirected (radar vectored) by air traffic departures at the airport (38 out of 55,860 departures); control from their normal routes of departure operational improvements in relation to arrival (mostly within predetermined noise preferential punctuality and delay, stacking (under specific routes). This is expected to improve the reliability circumstances) and taxi times following arrival; of the schedule by increasing the departure rate from a single runway and improve the scope for a large increase in complaints, although it was not reducing the number of unscheduled night flights; clear whether these were generated by the use of operational freedoms, as a proportion appear to subject to approval of the safety case by CAA, it is correlate to a prolonged period of easterly operations intended to apply the same principles to enable which was due to weather conditions rather than dual departures later in phase 2, but only within the trial; the pre-determined noise preferential routes; WS 25 Written Statements[LORDS] Written Statements WS 26

the cap on the more flexible use of dual arrivals business, while ensuring the safety and security of the allowed as part of the trial will be raised from 6 to Games. They also provide specific exemptions for 12 per hour; aircraft such as those operated by the police or emergency the proactive tests used briefly in phase 1 will be medical services to enter the protected airspace, and continued. The periods during which these tests for the Olympic Broadcasting Services to operate over will be undertaken will be announced on BAA’s the venues. We do not expect that any airports will website during the first month of phase 2. need to close as a result of the planned measures, and BAA will shortly begin a further period of engagement there should be little or no impact on scheduled air with local authorities, communities and other stakeholders services. around the operation of phase 2, particularly on the The Government’s paramount objective is the delivery monitoring of noise impacts. Once the trial is complete, of a safe and secure 2012 Games for all, and the the evidence collected will provide the basis for a airspace restrictions will help to provide this while consultation with local communities. This will consider minimising the impact on the aviation community, so whether an operational freedoms regime of some form far as possible. However, the Government reserve the should be adopted on a more permanent basis at right to implement additional airspace security measures Heathrow and if so what safeguards should apply in should the need arise. relation to its use. This consultation will inform the subsequent decision by Ministers.

Aviation: Airspace Restrictions Care Services: Winterbourne View Statement Statement

Earl Attlee: My right honourable friend the Secretary of State for Transport (Justine Greening) has made The Parliamentary Under-Secretary of State, Department the following Ministerial Statement. of Health (Earl Howe): My honourable friend the On 7 March 2011 the Government announced our Minister of State, Department of Health (Paul Burstow), initial plans to introduce temporary airspace restrictions has made the following Written Ministerial Statement. during the London Olympic and Paralympic Games I promised to update the House about ongoing to help protect key Games locations from potential activity in relation to Winterbourne View private hospital airborne risks. We also committed to undertake further and other services for people with learning disabilities. work to evaluate the potential impact of these measures The House will wish to note that nine people employed before final decisions were made. This work, undertaken at Winterbourne View hospital have pleaded guilty in conjunction with the aviation sector and the and have been referred for sentencing reports. A further Government’s security experts, led to a revised set of two people have pleaded not guilty and are due back planned airspace restrictions which were announced in Bristol Crown Court on 6 August. Once the criminal on 19 July 2011. proceedings are completed, we expect the serious case Since July 2011, the Government, with the assistance review, chaired by Dr Margaret Flynn, to be published. of the Civil Aviation Authority, have been preparing the necessary statutory instruments to give effect to The Care Quality Commission (CQC) has now the planned airspace restrictions. These detailed regulations completed its programme of focused inspections of have now been signed on behalf of the Secretary of 150 hospitals and care homes for people with learning State for Transport and will enter into force on 1 June disabilities. The reports from these inspections are 2012. NATS, the UK’s en-route air traffic service being published in batches, and the final 10 reports provider and publisher of the UK’s aeronautical were published on 9 May 2012. They can be found at information, will be publishing the details of these www.cqc.org.uk/LDReports?latest. These reports have regulations on 17 May 2012 in its next aeronautical found poor practice in some of the units, and common information circular. In addition, full details of the areas of concern include limited person-centred care, planned airspace restrictions, including maps, can be limited appropriate activities and a lack of monitoring found on the Airspace Safety Initiative website at and learning from incidents of restraint. CQC will www.airspacesafety.com/Olympics. publish a summary national report of these inspections in the summer. In total there are 15 sets of regulations, three covering the London area (a restricted zone for the main Olympics The final departmental review of Winterbourne and prohibited zones for the Olympics and for the View will draw its conclusions on the basis of the Paralympics), five covering the Olympic football findings from the serious case review and evidence tournament stadia at Old Trafford, Coventry, Newcastle, from the other investigations and reports that have Glasgow and Cardiff, and the remainder protecting been undertaken, and so will be published soon after the sailing venue at Weymouth, rowing at Egham and the serious case review. Eton Dorney, the road cycling events at Leatherhead In recognition of the seriousness of this issue, the and Brands Hatch, the canoeing events at the Lee department intends to publish an interim report before Valley White Water Centre and the mountain bike the Summer Recess, based on the findings of the CQC racing at Hadleigh Farm in Essex. summary report and other evidence from the engagement Following extensive engagement with the aviation with key partners, which will set out proposed actions community, the regulations have been designed to and solutions. minimise, where possible, their impact on aviation I will continue to update the House. WS 27 Written Statements[15 MAY 2012] Written Statements WS 28

Economy: Growth Education: Special Educational Needs Statement and Disability Statement The Parliamentary Under-Secretary of State for Schools The Parliamentary Under-Secretary of State, Department (Lord Hill of Oareford): My honourable friend the for Business, Innovation and Skills (Baroness Wilcox): Minister of State for Children and Families (Sarah My honourable friend the Minister of State for Business Teather) has made the following Written Ministerial and Enterprise (Mark Prisk) has today made the following Statement. Statement. I am pleased to announce the publication today of The regional growth fund (RGF) has allocated Support and Aspiration: A New Approach to Special conditional offers to the value of £1.4 billion to projects Educational Needs and Disability—Progress and Next and programmes during the first two rounds of bidding Steps, the Government’s response to the consultation during 2010 and 2011. Below is an update on progress on the special educational needs and disability Green with these projects. Paper. Copies will be placed in the Libraries of both Houses. As well as setting out the Government’s response to In November 2011, due to the RGF programme’s the consultation it sets out the progress made and the success, an additional £1 billion was allocated to the next steps in taking forward the proposals in the Green fund by the Chancellor, and round 3 opened for bidding Paper. A separate summary report of the consultation in February 2012. The RGF objectives for round 3 responses is being published on the Department for remain the same, and the application process has been Education’s website at the same time. simplified. The Government set out in the Green Paper their The RGF secretariat has been travelling across vision for improving the education and life outcomes England to encourage and support potential bidders of children and young people who are disabled or have and will continue to do so until round 3 closes at noon special educational needs and our proposals for improving on 13 June. the support that they and their families receive. There Rounds 1 and 2—update has been keen interest in the Green Paper and strong From the previous rounds, 176 successful bids have support for our proposed reforms. Almost 2,400 responses been conditionally allocated £1.4 billion. were received to the consultation from a wide range of This translates into 237 final offer agreements because individuals and organisations. I am grateful to everyone some bids comprise of multiple counterparties. who took the time to reply for their thoughtful and informed responses. Of the 237 agreements: The Government are committed to achieving the 82 have a final agreement in place, to a value of ambitious programme in the Green Paper. Progress almost £610 million. These projects are able to has been made in taking forward the commitments draw down their funding. These projects leverage made. But there is more to do. We owe it to the over £3 billion of private sector investment; children, young people and families who get a poor 60 have agreed terms and conditions including leverage, deal from the current system, and to those who work funding and jobs—these will now proceed through with and support them, to make sure we get those due diligence and represent a further £4 billion of changes right. That is why we have established 20 local private sector investment; pathfinders involving local authorities and their local 10 have withdrawn from the RGF process (see list health partners who are testing out the reforms and at annexe A), which has released up to £15 million building the knowledge and skills that will be needed to be recycled into the RGF, or used at Ministers’ for their successful implementation. discretion to support companies and local areas The practice developed by the pathfinders will be identified as experiencing economic difficulties; shared widely with other local areas. An interim evaluation and of the pathfinders will be published by October 2012, 85 companies have received draft offers, but are with a final evaluation report following in 2013. still considering terms and conditions. The Queen’s Speech announced the Government’s intention to bring forward legislation in the current The next update on RGF progress will be in July Session of Parliament to take forward the Green Paper 2012. reforms. These changes are vital for children, young Annexe A—List of withdrawn projects people and families and we need to begin the legislative Thales Properties Ltd (Leicester) process in the current Session in order to meet the Cumbrian Holdings (County Durham) commitments given in the Green Paper. Zegen (Wilton) Ltd (Leeds) Our aim is to publish a draft Bill in the summer which would be informed by early lessons learned Ames Goldsmith UK Ltd (Liverpool) from the pathfinders. There would then be further Messier-Dowty Ltd (Gloucester) opportunities for lessons learned from the pathfinders Rapiscan Systems (Redhill) to inform the pre-legislative scrutiny stage and the Bill T&N Plastics Limited (Grimsby) itself. Our intention remains, subject to Parliament’s approval, to implement the reforms from 2014. Lessons Conitech (Northumberland) learned from the pathfinders and evaluation of their Irwin and Sons (Dungannon) activity will inform how the reforms are implemented. Diodes Zetex (Oldham) The Bill would include provision for: WS 29 Written Statements[LORDS] Written Statements WS 30

every local authority to develop and publish a local The audits for the work programme, the new enterprise offer of support for children, young people and allowance programme and mandatory work activity families—including from early-years settings, schools are now complete. They have found no evidence of and colleges and the voluntary sector and from fraud in any of these contracts. health and social care services; The original allegation suggested that A4e employees a new, single assessment process and education, may have claimed payments for mandatory work activity health and care plan from birth to 25 with arrangements participants who had not in fact been placed in work. comparable to statements for young people over The team investigated every MWA claim from the A4e 16—whether they are in school or at college—this is office related to the specific allegation (Epsom) and a a significant change and will help us to get better significant sample (20%) of all the other A4e claims transitions to adult life, independence and the world under this contract. The sample evidence established of work; that 97% of payments made related to a real participant all families with an education, health and care plan who had been placed in a work-related activity. In the to be offered a personal budget for their support; remaining 3% of cases, DWP investigators were ensuring that services for disabled children and young nevertheless satisfied that the anomalies were attributable people and those with special educational needs are to inadequate procedures rather than fraud. planned and commissioned jointly by local authorities However, while the team found no evidence of and clinical commissioning groups and that there fraud, it identified significant weaknesses in A4e’s are clear duties on all of the agencies involved, internal controls on the mandatory work activity contract building on the reforms to the health services introduced in the south-east. The documentation supporting by the Health and Social Care Act 2012 and drawing payments was seriously inadequate, and in a small on the recommendations of the Children and Young number the claim was erroneous. There was also a People’s Health Outcomes Forum; high incidence of non-compliance with other relevant parents to have the right to express a preference for guidance (including A4e’s own processes). any state-funded school, including academies and The process established prior to March fell significantly free schools, and have their preference considered short of our expectations. As a result, the department under the same criteria as for maintained schools; has concluded that continuing with this contract presents families to try mediation before they appeal to the too great a risk and we have terminated the mandatory tribunal; and work activity contract with A4e for the south-east. it will seek a power to trial giving children the right Contingency plans are in place to ensure there is to appeal to the tribunal. continuity of support for participants in the mandatory We are working across government and with our work activity programme. local and national partners to put the reforms in place, We have made clear to A4e that we continue to drawing on the findings from the pathfinder programme. require the highest standards of governance in relation to all its other contracts. We are reminding all our other providers of their obligations and our requirements Employment in this regard and, should any further allegations arise, Statement we will examine the evidence thoroughly. The department will reflect on how it can further The Parliamentary Under-Secretary of State, Department improve its processes in the light of these audits to for Work and Pensions (Lord Freud): My right honourable address any remaining control risks across all contracts friend the Minister for Employment (Chris Grayling) and providers. has made the following Written Ministerial Statement. Recent coverage has also prompted complaints about The DWP’s work programme providers are required service levels on past employment programmes where, to ensure that stringent controls are in place to guard unlike the work programme, the emphasis was on against fraud and to adhere to high standards of activities undertaken rather than on job outcomes. compliance in the operation of our contracts. By its While this has not been part of our investigation, the innovative payment-by-results design, the work department is considering what further steps can best programme also provides significantly greater protection ensure that providers meet their minimum standards, against fraud than previous employment programmes. and participants are clear about procedures for complaints. In March 2012, against a background of public commentary on A4e, the department was made aware of an allegation in respect of its separate mandatory Equalities Red Tape Challenge and work activity contract. This is very different from the Equality and Human Rights Commission work programme. It is much smaller, shorter and Statement focused on providing brief spells of work-related activity to individuals who will benefit from such activity. In contrast the work programme aims to deliver sustained Baroness Verma: My right honourable friend the job outcomes for the long-term unemployed. Secretary of State for the Home Department (Theresa In the light of the allegation received, the department May) has today made the following Written Ministerial announced it would audit its commercial relationships Statement. with A4e. The department’sinternal audit and investigations I am today announcing the outcome of the red tape team undertook this audit, supported by Ernst & challenge spotlight on equalities, alongside the government Young, and examined the controls operated by A4e on response to the consultation on the reform of the all its current contracts with DWP. Equality and Human Rights Commission. WS 31 Written Statements[15 MAY 2012] Written Statements WS 32

The equalities red tape challenge package balances will be placed in the House Library and can also be the need to provide important legal protection from found on the Home Office website at the following discrimination with identifying which measures in link: www.homeoffice.gov.uk/equalities. the Equality Act 2010 are placing unnecessary or disproportionate burdens on business. The package aims to reduce these burdens through EU: Agriculture and Fisheries Council delaying or repealing the law. Statement We have today published consultation documents on the removal of provisions relating to: employer liability for the harassment of an The Parliamentary Under-Secretary of State, Department employee by a third party—eg, a customer—and for Environment, Food and Rural Affairs (Lord Taylor the power of tribunals to make wider recommendations of Holbeach): My right honourable friend the Secretary in a successful discrimination case; of State for Environment, Food and Rural Affairs (Caroline Spelman) has today made the following and the statutory mechanism by which individuals Statement. can obtain information where they think an employer, or service provider, has acted unlawfully My right honourable friend the Minister of State towards them. for Agriculture and Food (Jim Paice) represented the UK on 26 April covering the agriculture items. My We will: right honourable friend the Parliamentary Under- proceed with the repeal of the socioeconomic duty; Secretary for Natural Environment and Fisheries (Richard delay commencement of the dual discrimination Benyon) represented the UK on 27 April covering provisions in the Equality Act 2010; and fisheries business. Richard Lochhead MSP and Alun delay commencement of reasonable adjustments to Davies AM also attended. common parts provisions. The main focus of the Agriculture Council was two We have also looked again at the public sector table rounds on CAP reform, covering several elements equality duty (PSED). This Government have a strong of the proposed direct payment scheme. commitment to equality of opportunity. But we also On young and small farmers, member states repeated have a strong desire to reduce unnecessary bureaucracy their broad support for the measures but the majority where it exists and consider alternatives to legislation. view was that they should be voluntary at national We committed last year to assess the effectiveness of level. The UK argued the scheme should be for genuine the PSED specific duties. We have decided to bring new entrants and not hereditary. The main disagreement forward that review and extend it to include both the on small farmers was their exemption from cross- general and specific duties to establish whether the compliance and greening. The UK and others opposed duty is operating as intended. a total exemption. The Commission insisted the proposal A proportionate approach to legislation goes hand would deliver benefits to farmers and administrations. in hand with our plans for the EHRC. Member states were split over proposals to allow We want the EHRC to become a valued and respected subsidy to be coupled to production. The UK and national institution. To do so, we believe it must focus others warned against any expansion of coupled support. on the areas where it can add value—as an independent Others wanted to broaden the scope of the proposals equality body and “A-rated” national human rights and take in new sectors, including pigmeat and tobacco. institution. Also, it must be able to show that it is The presidency and Commission suggested that the using taxpayers’ money wisely. balance of the proposals was about right. Taking account of the views expressed in our Most member states were comfortable with the consultation, Building a Fairer Britain: Reform of the Commission’s proposed pillar 1 scheme for areas of Equality and Human Rights Commission, we have decided natural constraint, on the basis that it would be voluntary. to scrap vague, unnecessary and obsolete provisions The Commission expressed openness to an alternative from the Equality Act 2006 to focus the EHRC on its approach on the definition of an active farmer. This core functions. was broadly welcomed, as was the presidency’s recent In parallel, we are implementing a strong package text removing the income test element. of non-legislative measures, including: The UK and other member states underlined their recruiting a new chairman, to succeed Trevor Phillips strong opposition to the principle of capping of direct who is retiring, and a new smaller board; payments at farm level. Others were in principle in conducting a comprehensive review of the EHRC’s favour of the proposal, but would prefer a simpler budget; and system. implementing tighter performance and financial On convergence of payment rates within member controls set out in a new framework document. states and regions, many, including the UK, reiterated We consider that this package has the potential to the need for national flexibility on the speed of the deliver the change in the EHRC’s performance that we transition. all want to see, but we will review the EHRC’s progress There were six items under any other business: at its next triennial review in autumn 2013. a Commission presentation of its communication Copies of the consultation documents on removal on the promotion of EU agricultural products which of specific provisions in the Equality Act 2010, and would lead to a legislative proposal by the end of the government response to the EHRC consultation 2012; WS 33 Written Statements[LORDS] Written Statements WS 34

Hungary supported by seven new member states On the proposed TFCs the Commission stressed raised the recent decision to limit the funding available the need to reduce capacity and the TFC was the best to producer groups in the fruit and vegetables sector, method, and was prepared to be flexible on the detail. urging reconsideration. The Commission responded It was prepared to build in flexibility and safeguards—for that the budget ceiling was necessary; example, to avoid overconcentration in too few hands— and stressed that member states were obliged to certify Poland with some support from other member by 1 January 2013 that they were compliant with states urged the Commission to reintroduce milk existing capacity ceilings. export refunds and to raise intervention prices for Although member state views on the detail differed butter and skimmed milk powder in the medium to a degree, most spoke against the imposition of term. The Commissioner replied that prices had TFCs, with a few supporting the principle of TFCs risen throughout 2011 and recent price falls were in only on a voluntary basis. The UK stressed that detailed line with seasonal norms: there was no justification decisions on allocations should be left to the member for market intervention; state. Only a few supported mandatory TFCs for the Commission updated member states on the larger vessels and long-distance vessels. The majority implementation of the sow stall ban. Member states of member states agreed that any trading should be must be fully compliant on 1 January 2013 and between existing fishing operators. Some asked for there would be no extension. Current data suggested funding from the EMF for vessel scrapping aid to that only 16 would be. The UK gave the Commission allow capacity reduction. The Commission undertook full support adding that there were significant welfare to consider member states’ comments. benefits and experience suggested that those in compliance Over lunch Fishery Ministers discussed the would see prices rise; socioeconomic aspect of CFP reform, some underlining the importance of supporting fisheries communities, the Czech Republic explained that recent incidences others looking for special funding to support hard of industrial salt and adulterated egg powder in pressed communities. food, in Poland, demonstrated the requirement for full transparency between member states. Poland responded by saying its food was safe, that the Polish inspection services had launched inquiries Fuel Poverty Advisory Group into both incidents, and a risk assessment had concluded Statement that the industrial salt incident had posed no risk to human health; and The Parliamentary Under-Secretary of State, Department France drew attention to a recent scientific study of Energy and Climate Change (Lord Marland): My which drew a link between bee health and the use honourable friend the Minister of State for Energy of the pesticide thiamethoxame. The European and Climate Change (Greg Barker) has made the following Food Safety Agency was verifying the study and Written Ministerial Statement. the Commission confirmed it would take any The coalition Government, as part of their reform necessary action once the EFSA evaluations had of the public bodies sector, have committed to undertake been completed. The UK and the Netherlands triennial reviews of all executive and advisory non- both welcomed urgent EFSA consideration of the departmental public bodies. study. As part of this process I am announcing today the triennial review of the Fuel Poverty Advisory Group On Friday 27 the council debated two aspects of (FPAG). common fisheries policy (CFP) reform: regionalisation and transferable fishing concessions (TFCs). FPAG is a non-departmental advisory body of the Department of Energy and Climate Change, which Under regionalisation the Commission highlighted consists of a chairman and senior representatives from two key aspects as desirable: increased involvement of the energy industry, charities and consumer bodies. the industry and stakeholders, and a simplified decision- The role of the group is to: making procedure. The Commission stressed that consider and report on the effectiveness of current regionalisation would only ever be an option for member policies aiming to reduce fuel poverty; states and would never be imposed. consider and report on the case for greater co-ordination; The UK, along with other member states, supported identify barriers to reducing fuel poverty and to significant regionalisation allowing member states in developing effective partnerships and to propose any given area to agree the detailed technical measures solutions; needed in their shared fisheries, in consultation with the advisory councils. Also where agreements were consider and report on any additional policies reached these should be put into effect through EU needed to achieve the Government’s targets; and implementing measures, and the absence of an agreement encourage key organisations to tackle fuel poverty, should not give the Commission a reason to impose and to consider and report on the results of work measures, but proceed through codecision. The majority to monitor fuel poverty. of member states supported this approach. The The aims of the review are: Commission responded that there was a need to balance to provide a robust challenge of the continuing the ambition of member states to develop decentralised need for an NDPB to carry out these roles—both models and the efficiency of the CFP. their functions and their form—and; WS 35 Written Statements[15 MAY 2012] Written Statements WS 36

if it is agreed it should remain as an advisory NDPB, There will be a short consultation process and we to review the control and governance arrangements welcome views from interested stakeholders regarding in place to ensure that the public body is complying the role of FPAG. We will publish the findings of the with recognised principles of good corporate governance. review on the DECC website in the summer.

WA 3 Written Answers[15 MAY 2012] Written Answers WA 4

The guidance is intended to explain that eligibility Written Answers for a badge under the “with further assessment” criteria is not condition specific. Local authorities should take Tuesday 15 May 2012 into account the effect of a person’s condition on their ability to walk. The guidance gives examples of conditions like myalgic encephalomyelitis (ME) and mental and Aviation: London Airports cognitive impairments like autism and dementia. In Question these cases, people might be eligible for a badge if their condition means they are unable to walk or have Asked by Lord Laird very considerable difficulty walking. They might, however, To ask Her Majesty’s Government, further to not be eligible if their ability to walk is unaffected. the Written Answer by Lord Wallace of Saltaire on As part of wide-ranging reforms, the Government 23 April (WA296–297), what is the estimated revenue considered extending eligibility for a Blue Badge. They generated by a transit flight into a London airport announced on February 2011 that they had no plans and what are the associated costs. [HL25] to extend eligibility to other groups of disabled people. With over 2.5 million badges already on issue, the Government decided that it was important to ensure Earl Attlee: Tax revenue and setting are a matter for the Blue Badge scheme remains sustainable in the long the Treasury. Paragraph 3.4 of HMRC Notice 550 term and that it protected the concession for those specifies that transit and transfer passengers are exempt who need it the most, that is, those who are unable to from air passenger duty (APD). APD revenue for walk or have considerable difficulty walking. flights consisting solely of transfer and transit passengers will therefore be zero. Airline revenues and costs for flights carrying transit (and or transfer) passengers are commercial matters NHS: Salaries for individual airlines. Questions The CAA publishes UK Airline Financial tables that can be found at: http://www.caa.co.uk/default.aspx? Asked by Lord Harris of Haringey catid=80&pagetype=88&pageid=13&sglid=13. To ask Her Majesty’s Government how many This has information on UK airlines balance sheets National Health Service general practitioners earned but does not detail the costs and revenues of individual more than the Prime Minister in the latest year for flights. which figures are available, and what is their estimate of the number who will do so after the Health and Social Care Act 2012 comes into force. [HL14] Disabled People: Blue Badges Question Asked by The Countess of Mar The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The latest available earnings To ask Her Majesty’s Government why, in the data for general practitioners (GPs) are set out in GP guidance related to Blue Badge eligibility, conditions Earnings and Expenses 2009-10 Final Report, published including myalgic encephalomyelitis (ME) are expressly by the Health and Social Care Information Centre on identified as not being “in themselves a qualification 11 November 2011. The report shows the numbers of for a badge”; and to what other medical conditions general medical practitioners within each £10,000 earnings this guidance relates. [HL71] bracket. There are no available data on the precise number of GPs who earn more than the Prime Minister’s salary. Earl Attlee: Eligibility for a Blue Badge is set out in the governing regulations. These are the Disabled Persons The publication has already been placed in the (Badges for Motor Vehicles) (England) 2000, as amended. Library. Since the 1980s, the regulations allow people to apply It is not possible to make accurate projections of to local authorities for a badge through two main future trends in earnings for general practitioners, routes: “without further assessment” and “with further which will depend on a range of factors. The main assessment”. Under the “with further assessment” determinant of GP earnings will continue to be the category, a person may be eligible for a badge if they payments made under GP contractual arrangements, have a permanent and substantial disability which which will only be affected by the Health and Social means they are unable to walk or have very considerable Care Act in as much as the NHS Commissioning difficulty walking. Board will, from April 2013, take over from primary It is for the relevant local authority to make decisions care trusts the responsibility for commissioning primary on whether or not a person is eligible for a badge. To care services. help ensure consistency, the Department for Transport Asked by Lord Harris of Haringey issues non-statutory guidance to local authorities on the factors that should be taken into account when To ask Her Majesty’s Government how many they are making an assessment. As part of major chairmen of National Health Service Trusts are reforms to the scheme, the department published updated paid more than the proposed salary of the chairman guidance in June 2011 and again in February 2012. of HealthWatch England. [HL15] WA 5 Written Answers[LORDS] Written Answers WA 6

Earl Howe: The expected remuneration for the chair Asked by Baroness Benjamin of Healthwatch England is greater than the standard remuneration for National Health Service Trust chairs. To ask Her Majesty’s Government what is the Exceptionally the Secretary of State may agree to pay average rate of basic United Kingdom state pension an NHS Trust chair a higher rate. There are currently currently paid to British claimants normally resident five chairs who are paid within the £35,000-£40,000 in (1) Jamaica and (2) Trinidad and Tobago. [HL19] envisaged for the chair of Healthwatch England and none is paid higher. Lord Freud: The state pension data provided below include basic state pension, graduated retirement benefit, Pensions state earnings related pension scheme, and state second Questions pension. The information for only basic state pension Asked by Baroness Benjamin is not available. The average weekly rate of United Kingdom state pension currently paid to residents in To ask Her Majesty’s Government how many Jamaica is £82.57 and £44.02 to residents in Trinidad British people started receiving the basic United and Tobago. Kingdom state pension in (1) Jamaica and (2) Trinidad Source: DWP Information Directorate, Work and Pensions and Tobago, in each of the years (a) 2009, (b) 2010 Longitudinal Survey, August 11. and (c) 2011. [HL18] Notes: 1. Figures are available on the Tabulation Tool page of the The Parliamentary Under-Secretary of State, Department DWP website: http://research.dwp.gov.uk/asd/index.php?page= for Work and Pensions (Lord Freud): The information tabtool for all people receiving state pension provided in the 2. The data relate to all state pension paid to eligible people table below includes basic state pension, graduated resident in the countries named, regardless of their nationality, rather than British citizens only. retirement benefit, state earnings related pension scheme, and state second pension. Asked by Baroness Benjamin The information for the number of people starting To ask Her Majesty’s Government why the United to receive basic state pension only in the years specified Kingdom state pension payable to British expatriates is not available. living in Jamaica is uprated annually, but that payable Country of Caseload to those living in Trinidad and Tobago and other residence Caribbean countries is not. [HL20] Total August 2011 August 2010 August 2009

Jamaica 19,000 19,750 20,380 Lord Freud: Uprating of state pension only occurs Trinidad & 1,590 1,550 1,490 Tobago where there is a bilateral social security convention in force with another country. The United Kingdom has Source: DWP Information Directorate, Work and Pensions operated these conventions since the 1950’s and 15 contain Longitudinal Survey. reciprocal arrangements allowing for the uprating of Notes: state pension, among them Jamaica. 1. Figures are available on the Tabulation Tool page of the DWP website: http://research.dwp.gov.uk/asd/index.php?page= The United Kingdom has not entered into a social tabtool security convention with Trinidad and Tobago. Since 2. The data relate to all state pension paid to eligible people 1981, it has been the policy of successive Governments resident in the countries named, regardless of their nationality, not to seek to enter into new reciprocal agreements rather than British citizens only. with other countries covering social security benefits. Tuesday 15 May 2012

ALPHABETICAL INDEX TO WRITTEN STATEMENTS

Col. No. Col. No. Airports: Heathrow ...... 23 Employment ...... 29

Aviation: Airspace Restrictions...... 25 Equalities Red Tape Challenge and Equality and Human Rights Commission ...... 30 Care Services: Winterbourne View...... 26

Economy: Growth ...... 27 EU: Agriculture and Fisheries Council...... 32

Education: Special Educational Needs and Disability ...... 28 Fuel Poverty Advisory Group...... 34

Tuesday 15 May 2012

ALPHABETICAL INDEX TO WRITTEN ANSWERS

Col. No. Col. No. Aviation: London Airports...... 3 NHS: Salaries...... 4

Disabled People: Blue Badges...... 3 Pensions ...... 5 NUMERICAL INDEX TO WRITTEN ANSWERS

Col. No. Col. No. [HL14]...... 4 [HL19]...... 6 [HL20]...... 6 [HL15]...... 4 [HL25]...... 3 [HL18]...... 5 [HL71]...... 3 Volume 737 Tuesday No. 4 15 May 2012

CONTENTS

Tuesday 15 May 2012 Questions NHS: Risk Register...... 247 Police: Misconduct and Corruption...... 250 Democratic Republic of Congo...... 252 Israel: Palestinian Hunger Strikers ...... 254 Mental Health (Discrimination) Bill [HL] First Reading ...... 256 Marine Navigation Bill [HL] First Reading ...... 256 Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill [HL] First Reading ...... 257 Extension of Franchise (House of Lords) Bill [HL] First Reading ...... 257 Standing Orders (Public Business) Motion to Agree ...... 257 Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2012 Motion to Refer to Grand Committee...... 257 Criminal Justice and Police Act 2001 (Amendment) Order 2012 Motion to Refer to Grand Committee...... 258 Greater London Authority Act 1999 (Amendment) Order 2012 Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012 Motions to Refer to Grand Committee ...... 258 Queen’s Speech Debate (4th Day) ...... 258 Written Statements...... WS 23 Written Answers ...... WA 3