10/03/2017 House of Lords


10/03/2017

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On the homeless this reduction Bill. -- homelessness. I understand no

:00:48.:00:56.

amendments have been set down to this bill and no noble lord has

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indicated a wish to move a manuscript and or speak to

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committee. Although I understand maybe from the Labour frontbenchers

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a question is to be asked. Unless therefore any noble Lord

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objects, I'd bid to move that the mood of commitment be discharged.

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The question is that the commitment to the discharge. I will be brief at

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I want to congratulate the noble Lord and the government with

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succeeding with this bill which is very welcome indeed. I hope the

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noble lord could take the opportunity after the bill passes

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which it will, to take up a couple of points with the government, not

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immediately, perhaps. A report has been published this week which

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raises a point about paragraph 18 on the code of practice, which raises a

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point about the revision of codes and the method in doing that.

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Obviously I'm not expecting any kind of formal response today, but may be

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the noble Lord could look at this and maybe he could also, in a short

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time, be able to invite the government to say how it is going to

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approach viewing the funding of ?61 million in the light of possible

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increased numbers of homelessness rising because of the housing

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benefit issue which has been so controversial this week. Again I'm

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not expecting the noble Lord to provide the answer but this is

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something which should be looked at in the next period. Could I add our

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thanks to the noble Lord, Lord Best, for his work on the bill which has

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been appreciated within the parliament and also outside and I

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think it shows that the amount of work done prior to the presentation

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of a bill both in the other place and here, reaps rewards, because the

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bill is a very sound bill and I would like to pay tribute to noble

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Lord bold Best for his work on this which has got us to the position we

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are in -- Lord Best. I thank you for your kind remarks. I will certainly

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undertake to speak with the noble Lord, the minister, about the

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question you raise, the review as to whether the sums allocated to find

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the homelessness reduction Bill is sufficient, that review will happen

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after the end of the first year of operation and before the end of the

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second year of operation so that before two years are up we will know

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whether enough money has been made available to make the homelessness

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bill reduction really happen, and if insufficient funds have been

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available I will be the first to be saying that. With those remarks, I

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beg to move that the order of commitment be discharged. The

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question is that the order of commitment be discharged. As many of

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that opinion will say content, to the country not content. The

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contemporary macro have it. -- the contents have it. I understand no

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members have been set down to this bill and that no noble Lord has

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indicated a wish to move a manuscript the moment or to speak in

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the committee. Unless therefore any noble Lord objects I beg to move

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that the order of commitment be discharged. The question is that the

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order of commitment be discharged, as many of that opinion will say

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content and to the contrary not content. The contents have it. ... I

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beg to move that the Bill be now we are

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the bill be now read a second time. Combating violence against women and

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domestic pilots, -- domestic violence, has been guided through

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conviction in the other place, and it has the purpose of unblocking the

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logjam which has thus far delayed the ratification of the Council of

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Europe Convention on preventing and combating violence against women and

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domestic violence. Better known as the Istanbul convention. It also

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puts on the statutory footing important mechanisms to hold the

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government to account on the progress towards ratification. The

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UK signed the convention in June 2012 having played an important role

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in the negotiating and drafting of it and previous governments

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including a range of new legislation that prepares the UK from compliance

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with the treaty. And repeating verbal commitments to the principal

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ratification, the progress has been stalled, and maybe five years on

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remains are ratified. The Istanbul convention is a unique

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ground-breaking piece of international legislation which

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enshrines the basic human rights of a woman and girls to live free from

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violence in both public and private sphere. My lords, preventing

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violence against women and domestic violence can save lives and reduce

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human suffering. The convention focus on three important aims. To

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prevent violence against women, to prevent victims and survivors of

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abuse and prosecute perpetrators, and it brings greater coherence and

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consistency and strategic direction to the important work already

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undertaken by organisations, communities and governments that aim

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to eliminate all forms of violence and discrimination against women.

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And promote equality between women and men. It has been hailed as a

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best piece of international policy and practice for eliminating

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violence against women that exists anywhere. It is a first piece of

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legislation that sets minimum standards for government responses

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and victims and survivors, of gender-based violence. The Istanbul

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convention is broad in scope and the aims are very specific. Covering

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criminal, civil and migration law, it sets minimum standards for the

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protection of survivors and for access to services. Governments will

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try to ratify the Convention and they are required to prevent

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violence and bring about an attitude change. It covers many

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manifestations of gender-based violence including physical and

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psychological abuse. Stalking, sexual violence including rape,

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forced marriages, female genital mutilation and the so-called honour

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crimes. The Istanbul convention is unique in that it understands that

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states cannot be responsible for preventing bail and is against women

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and domestic violence on their own. -- preventing violence. It calls on

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communities to tackle cross-border issues, because it wants members of

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society to reach the ultimate goal of a world free from all forms of

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islands against women and domestic violence. It recognises that women

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are disproportionately affected by sexual and domestic violence because

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underlying gender inequalities which are also compounded by abuse, the

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convention also places an emphasis on challenging misogynistic

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attitudes that perpetrate the gender inequality as a means of preventing

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violence and abuse. Preventative measures are not the only important

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issue. Protecting victims and survivors and providing them with

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appropriate support is vital. State that ratified the Istanbul

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convention are required to ensure that sufficient shelters exist in

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adequate geographical distribution. Ratifying the Istanbul convention

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will put a duty on the government to ensure that women's refuge is exist

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and provide support at a time when women need it most. It also puts a

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statutory footing on the provision of rape crisis centres, 24 hour

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advice lines, and access to useful information. The Council of Europe

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says that it should be borne in mind that it is not enough to set up

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protection structures and support services for victims, it is equally

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important to make sure that victims are informed of their rights and

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know how and where to get help. I do believe that this important

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consideration, that anyone can be a victim of sexual violence or

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domestic abuse, regardless of economic background, age, ethnic

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religion or gender, however we know that there are certain

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characteristics that increased the risks. For example, poorer women or,

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or disabled women are at a greater risk of domestic abuse. Women from

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some ethnic minorities or cultural backgrounds are at greater risk of

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certain forms of gender-based violence. My Lords, one question is

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asked frequently, what about the men? I would like to deal with this

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because this was a point of contention in the other place. The

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convention itself quite explicitly addresses this issue in Article four

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where it makes clear that the provision applies to all persons,

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regardless of gender, and a whole range of other protected

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characteristics, however the convention primarily focuses on

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women, and it is important that it does because sexual violence and

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domestic abuse affect women to a hugely disproportionate extent. Both

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in terms of prevalence and severity, in England and Wales in 2015 over 90

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2% of the prosecutions brought for domestic abuse involved a male

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perpetrators and the female victim. Two women are weak die at the hands

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of their partner or their former partner. This does not mean that

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those crimes committed by women against men, or men against men are

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less serious. They are serious, but to ignore the gender dynamic of

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these types of crime would be wrong. One woman in four in the UK will

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experience sexual or domestic by a sin their lifetime. The sheer scale

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of the problem does demand that we take this much more experience. The

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joint committee of human rights in their report of 2014/15 entitled

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violence against women and girls recommended that the UK Government

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ratified the Istanbul convention. They raised concerns at a time that

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the internal ministry group had insufficient powers with witnesses

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to the committee criticising the group for not taking a holistic

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approach towards ending violence against women and girls because of

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the lack of representation from immigration officials. The Asylum

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aid recommended at the time that the Immigration Minister and the UK Visa

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and immigration department should have representations on the groups

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to ensure that the issues arising in these areas were dealt with

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effectively. I would appreciate if the Minister would write a response

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today or later but I would like to see these issues addressed. On the

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24th of November last year I asked the Minister kept -- question in

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your Lordships house, whether the government had ratified the Istanbul

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convention and when did they intend to do so? The minister in -- the

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Minister said at the time that the government was committed to

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ratifying but in order to do so they would need to legislate to take

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extra terrestrial jurisdiction over a wide range of offences. --. I am

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sorry, extraterritorial. Did I get that wrong? I thank the laws for

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taking that and pointing it out because I took that rather wider

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than I intended to do so. Thank you very much for correcting me! I shall

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now refer to that of the TJ, I think it will be a lot easier. -- as ETJ.

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The fact that perpetrators can evade prosecution by committing crimes as

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abhorrent as grape whilst abroad should stop. There is a precedent on

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ETJ, the government already exercises such power for similar

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offences committed against children overseas and exercises ETJ in a

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range of other areas, for a example in relation to drugs offences,

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financial crime, terrorism and other forms of organised crime. I am

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pleased to see that the Prime Minister has committed herself to

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overseeing a new bill on domestic buyer and is and I do hope that such

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legislation will include the changes necessary to bring the UK into line

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with article 44 of the Istanbul convention. That is those in

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relation to ETJ. When a minister replies I wonder if she could

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outline the intent of this new legislation on whether in fact it

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will allow the government to take over the necessary offences,

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ensuring the UK are compliant with the convention, thereby paving the

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way for ratification. There is real need for action in the effort when

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violence against women. Two women are weak or killed by their partners

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or former partners in England and where is alone -- two women are per

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week. In the same time frame across the UK 87,000 500 rapes and more

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than 400,000 sexual assaults were reported to the police. It is

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well-known that most cases of sexual assault and rape do go unreported so

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we cannot underestimate the scale of the impact on women and children in

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our communities. There is clearly a need for action. The UN special

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report on violence against women has said that violence against women and

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girls is the most pervasive human rights violation we face globally.

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Whether in times of peace, conflict or post-conflict transition. It is

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so normalised that we can hardly even noticed how much we put up with

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and I was moved by some of the contributions from members on the

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other place who spoke courageously of their own experience and it does

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affect us all. The violence against women is not natural and not

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inevitable so can I now turn to the specifics of the bill before us? It

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is made up of three clauses, it requires the secretary of state to

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report to both houses on the steps that is being taken to enable the UK

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to ratify the Convention. It requires the government to come

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forward with a timetable by which it will ratify the convention. I am

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pleased with the manner in which the noble man -- baroness, the minister,

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met with me this week and before that to discuss this bill in the

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run-up to the debate and I welcome the government support for this

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bill. Clause one recommends that the secretary of state should lay report

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to both houses of parliament setting out the steps necessary to ratify. I

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understand that this is not only including passing legislation

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through both houses, but also the devolved administrations in Scotland

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and Northern Ireland. I know the government are committed to working

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with a devolved administration and I welcome that commitment. Clause two

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requires the government to make annual reports to both houses on the

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progress towards ratification no later than the 1st of November in

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each year leading up to the ratification. This report comes with

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a commitment from the government to make an oral statement to Parliament

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so that MPs can hold the government to account. The convention commits

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the government to thorough reporting requirements through annual reports

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to the Council of Europe's expert group. It is important that

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parliamentarians have opportunities to scrutinise this report. The

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committee stage in the Commons the government committed to make an oral

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statement on the compliance with the convention post-ratification. I

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would be grateful if the Minister could make a similar commitment so

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that these issues can be debated in your Lordships house, rather than

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perhaps a report put in the Lords library. The report is a short and

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simple one, but it has proved to be an important one which will unlock

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the logjam in the government department. I do hope that it will

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lead to the ratification as soon as possible. We have the opportunity in

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this place to shape and develop legislation but we do need to take

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the license of our responsibilities as well. I have been heartened by

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the powerful civic society movement of women and men across the UK who

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have campaigned for the UK to ratify the convention. The breadth of

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support from organisations and activists show the strength of

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feeling that is on this issue. There is a very inspiring campaign run by

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volunteers which has helped to mobilise thousands of people the

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length and breadth of the country, to engage with MPs in order to get

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this bill through this place. I feel the women who have led this campaign

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should be very proud. It is often important that they are out there in

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front of issues such as this. Women activists have campaigned and

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Parliament needs to try and keep up with it. In the other place the bill

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was at Birtley stupidly -- was expertly Steward lay in the face of

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some adversity but the overwhelming cross-party support from the

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opposition and the government benches, we have the opportunity of

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oversight towards ratification and the timetable, albeit hopefully

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short, within which this can be achieved. My Lords, I beg to move.

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The question is that this bill now be read a second time.

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I congratulate the noble lady for bringing forward this bill and

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opening it so admirably and comprehensively. Yesterday afternoon

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when I enquired in the whips office how many were down to speak on this

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debate I was somewhat surprised, and really rather shocked, to find there

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were in fact then only five are now six and that they included not a

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single male temporal peer, and so I put my name down because heaven

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knows this is a worthy and a compelling cause and it is deserving

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of support is no less from men than from women. My Lords, we all know

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the appalling prevalence still today of violence towards women, both

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domestic and in wider society. I sat as a judge at various levels for 28

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years and I therefore came across perhaps more than my fair share of

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this violence, particularly in my earlier years as a High Court judge,

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sitting at the Old Bailey and then around the country on the circuit.

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Murder, rapes, all of those dreadful sorts of offences. My Lords, I have

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few boasts to my name, by way of legal achievement, few jewels in my

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judicial crown, but I can and I do boast of being the first judge in

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this jurisdiction in, I think it was 1990, to rule that a husband is not

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permitted in law to have intercourse with his wife quite simply

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whensoever he chooses. In short, that there is such an offence as

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marital rape, a decision said at the time initially to fly in the face of

:23:35.:23:39.

centuries of established legal principle, but which, in fact,

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happily was then upheld both by the Court of Appeal and by the appeal

:23:46.:23:51.

committee in your Lordships house. My Lords, reading the excellent

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Doctor Whiteford speech towards the end of the debate in the other place

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on third reading, I was struck by this particular passage. If your

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Lordships will allow me, I will quote it from column 1334 of

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Hansard. She said this, on reflection, it strikes me powerfully

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that Parliament has frequently be left playing catch up on progress

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for women from those who campaigned for women's suffrage for more than a

:24:30.:24:32.

century before it was achieved to the trade unionists who fought for

:24:33.:24:36.

equal pay for women years before the equal pay act 1970 came into force

:24:37.:24:40.

on the women who in the 1970s setup rep futures -- refuges for women

:24:41.:24:47.

fleeing domestic abuse at a time when there was absolutely no support

:24:48.:24:53.

from the state or the authorities for women experiencing violence or

:24:54.:24:56.

coercive control from an intimate partner, a time when rape within

:24:57.:25:01.

marriage was not even a crime, every step of the way it is citizens who

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have driven progressive change, sisters have had to do it for

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themselves. Well, my Lords, I thought it was time for a brother to

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enter the fray. Of course I recognise as Mr Nuttall

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emphasise in the debate in the other emphasise in the debate in the other

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place, that there is all too much violence in society and indeed in

:25:31.:25:36.

certain domestic contexts against men and boys, as well. And that the

:25:37.:25:42.

Istanbul convention and therefore this bill on its face appeared to do

:25:43.:25:47.

nothing for them. But there can be no doubt as the Nobel baroness made

:25:48.:25:55.

plain, it is women who suffer disproportionately, they suffer most

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from the hands of the opposite sex and there is no basis for suggesting

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that advancing their cause as this bill proposes will set back the

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cause of male victims, quite the reverse. Anything that raises the

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stakes and raises the public's awareness of and revulsion at

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violence generally in society will redound to the advantage of all the

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victims. My lords, of course I recognise that this bill and indeed

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the Istanbul convention itself, of itself does little in the way of

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altering the substantive law under which we seek to deter and control

:26:43.:26:52.

violence against women. But to say it does nothing is in fact only an

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exaggeration, the convention requires we broaden our juristic --

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juristic -- do restriction. And that is why we have to recognise

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now as it does the need for some small further delay be on even the

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years since we initially signed it. To the delay, is to identify

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precisely and then to satisfy this requirement for extraterritorial

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juristic but as Mr Nuttall himself said in the other place, the purpose

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is to try to tie down the government, to do something and to

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stop this matter from drifting on. As has already been noted in the

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other place, they voted to pass this bill by a votes to just one, and you

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will readily agree that it will be nothing sort of disgraceful and

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indeed deeply damaging to the reputation of this house if we don't

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now make sure that it secures safe and speedy passage at all stages

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through our house. Therefore we wish it God speed to secure its early

:28:26.:28:28.

passage if not in this session than certainly in the next. My lords, we

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want to give our wholehearted support to this bill. I've been

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following this issue for some while and have participated in previous

:28:43.:28:46.

debates and put down questions. I want to congratulate the doctor in

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the other place and the baroness for the hard work they and others have

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done to get it so far and indeed to the many agencies getting the bill

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to us today. In the face of a number of cutbacks and closures of women's

:29:05.:29:09.

services and refugees, we need a step change -- refuges. We should be

:29:10.:29:17.

giving a lead on this important area, violence against women is a

:29:18.:29:25.

tragic evil because it the effects can be so devastating and

:29:26.:29:28.

long-lasting and widespread. Evil not simply because it is violence

:29:29.:29:34.

but because it seeks to deny a fundamental human dignity which I

:29:35.:29:42.

believe comes from being created in the image of God, and whatever form

:29:43.:29:47.

the violence comes in, rape or forced marriage or psychological or

:29:48.:29:52.

physical abuse, gender-based violence against women in therapy

:29:53.:29:57.

attempts to reduce women to passive objects -- invariably. It seeks to

:29:58.:30:03.

deny them the status of personhood. As a safe place of council within

:30:04.:30:07.

every local community, the church often finds itself on the front

:30:08.:30:12.

line, listening to the stories of women who have faced violence and

:30:13.:30:17.

who don't know where else to turn. It is one of the greatest and

:30:18.:30:21.

hardest privileges of priesthood to listen to a woman or indeed

:30:22.:30:28.

sometimes to a man, although this is overwhelmingly an issue for women

:30:29.:30:31.

and we must not underplay that, although we want to make sure men

:30:32.:30:37.

are given protection. This must not distract us from this important

:30:38.:30:41.

bill. When we hear someone telling their story of abuse, sometimes for

:30:42.:30:47.

the very first time, sometimes only just beginning to realise that

:30:48.:30:51.

actually for all sorts of social reasons they have actually colluded

:30:52.:30:55.

with it and they now beginning to realise it is simply wrong. And the

:30:56.:31:00.

need to then help them find the right support which is profoundly

:31:01.:31:03.

difficult especially in places, like rural areas. I want to pay tribute

:31:04.:31:10.

to the many organisations who are working with churches and helping us

:31:11.:31:15.

up and down the country responding to violence against women. But those

:31:16.:31:20.

churches that are supporting, sometimes offering premises and

:31:21.:31:26.

funding, for refuges, and especially a Christian charity whose work in

:31:27.:31:34.

training clergy is invaluable. The baroness has already rehearsed some

:31:35.:31:37.

of the statistics and I won't say those again, although I want to note

:31:38.:31:42.

how horrific they are when one stops and looks at what is actually still

:31:43.:31:47.

going on. There are other areas which have not been picked up in

:31:48.:31:52.

here and in the past I put down questions about, for example, how

:31:53.:31:59.

many young women under the age of marriage in this country are being

:32:00.:32:03.

taken abroad and are marrying and are coming back to this country and

:32:04.:32:07.

it turns out that we have no idea. We have no idea how many such women

:32:08.:32:15.

are coming back having been married under laws overseas will stop

:32:16.:32:23.

sometimes possibly polygamists... We just don't know. In recent years the

:32:24.:32:31.

government has made substantial progress on legislating against a

:32:32.:32:34.

gender-based violence and I want to pay tribute to our Prime Minister

:32:35.:32:39.

who all sides of this house will agree has worked tirelessly in her

:32:40.:32:42.

Home Secretary to address many of Home Secretary to address many of

:32:43.:32:49.

the key legislative areas. Legislation to combat forced

:32:50.:32:53.

marriage, female genital mutilation, modern slavery, controlling

:32:54.:33:00.

behaviour and stalking. And although that legislation shows that UK one

:33:01.:33:03.

of the strongest legislative frameworks in the word, the Prime

:33:04.:33:12.

Minister's work as Home Secretary to improve police reporting and

:33:13.:33:15.

responding to domestic abuse is also to be celebrated and commended. In

:33:16.:33:20.

that context it is regrettable that this bill is required, given that

:33:21.:33:26.

Her Majesty's government has repeatedly stated commitment to

:33:27.:33:29.

ratifying the convention. In answer to a series of written questions in

:33:30.:33:33.

2014 after the convention came into force, the government said justice

:33:34.:33:40.

ministers are considering the extent to which we need to amend the

:33:41.:33:44.

criminal law of England and Wales full compliance with Article 44

:33:45.:33:49.

prior to ratification of the convention -- for. Three years later

:33:50.:33:56.

the justice ministers are still deliberating. That is a failure in

:33:57.:34:03.

the political will ultimately. Being charitable to the government, we

:34:04.:34:06.

could say there have been a few political distractions over the past

:34:07.:34:10.

year. However I do hope that the new reporting requirements will

:34:11.:34:17.

encourage the government to throw their weight unreservedly behind

:34:18.:34:23.

this legislative change that is required for ratification and this

:34:24.:34:26.

issue of territorial jurisdiction in particular. Ratification of the

:34:27.:34:32.

Istanbul convention will not only bolster the domestic framework for

:34:33.:34:37.

combating violence against women, acting as a tool by which civil

:34:38.:34:41.

society can hold the government to account on the provision of

:34:42.:34:43.

resources to combat gender-based violence. Our ratification of the

:34:44.:34:52.

convention also has an international dimension as the joint committee on

:34:53.:34:57.

human rights put it, the delay in ratifying the Istanbul convention

:34:58.:35:01.

could harm the UK's international reputation as a world leader in

:35:02.:35:05.

combating violence against women and girls. Ratification of the

:35:06.:35:11.

convention would be the clearest signal of our commitment to ending

:35:12.:35:14.

the injustice of gender-based violence. It would commit us to

:35:15.:35:21.

sharing best practice internationally and it would

:35:22.:35:25.

strengthen the Istanbul convention itself as a marker by which other

:35:26.:35:29.

countries might be held to account. I sincerely hope that the government

:35:30.:35:35.

gives this bill a swift passage through the house and that it

:35:36.:35:40.

follows the passage of this bill within equally swift timetable for

:35:41.:35:44.

ratification of the Istanbul convention. My Lords, I welcome

:35:45.:35:56.

today's second reading and congratulate the doctor and her

:35:57.:35:59.

colleagues in the other place and the baroness for their persistence

:36:00.:36:04.

in getting us here to this point. This pernicious abuse of women's

:36:05.:36:07.

rights continues to plague our society. Almost regarded as a

:36:08.:36:11.

households. It transcends all households. It transcends all

:36:12.:36:17.

communities, shockingly, so many women seem not to know still that it

:36:18.:36:23.

is against the law, so in deed an internationally recognised provision

:36:24.:36:29.

will lend significant armoury to the many women, human rights defenders,

:36:30.:36:34.

as well as instruct in no uncertain terms still largely male lead

:36:35.:36:40.

institutions that eradication of violence against women is as

:36:41.:36:45.

important as providing education, health, housing, and not able to

:36:46.:36:52.

hide behind the austerity measures and will not be able to make women's

:36:53.:36:56.

refuge and other services their first collateral. Whilst we should

:36:57.:37:03.

take pride in the UK in having secured some of the best policies

:37:04.:37:08.

and practices on domestic violence, including the introduction of new

:37:09.:37:13.

domestic abuse offences and protection orders and criminalising

:37:14.:37:19.

forced marriages with which I don't agree, but it appears to be doing

:37:20.:37:26.

its job. And more vigorous laws on female genital mutilation. We need

:37:27.:37:32.

to go further in providing protection to those facing violence

:37:33.:37:35.

and seek to eliminate violence against women. We have tolerated

:37:36.:37:42.

consecutive generations of violence to plague women's lives, two women

:37:43.:37:55.

facing death each week. 1.2 million victims, 87,000 rapes reported on

:37:56.:38:00.

top of 400,000 sexual assaults, God alone knows how many women are still

:38:01.:38:07.

not able to report. In addition to 11,900 children raped last year. 29%

:38:08.:38:17.

of all these statistics are from the BA ME communities and despite the

:38:18.:38:21.

progress of women's Emancipation, our daughters and granddaughters are

:38:22.:38:27.

still facing a level of barbaric violence in our society and we have

:38:28.:38:30.

to do everything we can to make sure it does not continue. The UK's role

:38:31.:38:35.

in shaping the Istanbul convention was significant so I don't

:38:36.:38:41.

understand five views since passed why we have not chosen to ratify it.

:38:42.:38:46.

I'm glad to have arrived at this point where government is prepared

:38:47.:38:51.

to work towards compliance. It is ratification indicating a very

:38:52.:38:58.

powerful step towards in power -- empowerment of women? As well as

:38:59.:39:04.

push for a more comprehensive response to addressing violence, it

:39:05.:39:09.

gives victims and survivors right for access to the necessary

:39:10.:39:13.

specialist services and ratifying the convention adds another layer of

:39:14.:39:19.

protection and enables local and international agencies to respond

:39:20.:39:25.

more comprehensively and offer parliamentarians another aspect of

:39:26.:39:30.

Why would we not do it without any help with the harmonisation of laws.

:39:31.:39:46.

Why would we not do it without any hesitation? The points that have

:39:47.:39:53.

been made about extrajudicial territorial requirements, I think

:39:54.:39:56.

that many women, I was involved in the dowry enquiry led by Mr Sharma

:39:57.:40:05.

in the other place last year and a huge amount of British citizens were

:40:06.:40:11.

complaining either that their marriages were not legally

:40:12.:40:14.

recognised in this country, and when they were facing violence they had

:40:15.:40:20.

no recourse to law, or that the laws under which they were married under

:40:21.:40:23.

one country is not recognised in this country and I think that that

:40:24.:40:26.

level of harmonisation would, I hope, be an integral part of this.

:40:27.:40:36.

We do have laws and are continuing -- continuously improving on

:40:37.:40:39.

implementation. The Istanbul convention can be another layer of

:40:40.:40:43.

safety. We are a signatory and we now need to show that we are serious

:40:44.:40:47.

about eradication of violence by signing up to it. I believe that the

:40:48.:40:52.

ratification we demonstrate, I believe that by ratification we

:40:53.:40:55.

demonstrate our total commitment to all men and women that violence in

:40:56.:41:03.

all its forms is not tolerable in our society today. This will be an

:41:04.:41:12.

integrated approach to not only protect women but laws and mandates

:41:13.:41:16.

and institutions to provide the necessary services so that women and

:41:17.:41:19.

girls can live free of fear of violence. Finally I am confident

:41:20.:41:25.

that our ambition is safe in the hands of our current Prime Minister

:41:26.:41:29.

and the noble Lord, the Minister, who has done so much to advocate and

:41:30.:41:35.

advance the previous progress made on this issue. Can the Minister say

:41:36.:41:40.

what the implication of the Brexit negotiation would be on reporting

:41:41.:41:44.

requirement or signing up to the ratification? My Lords, I, too,

:41:45.:41:54.

would like to thank the doctor and the noble Baroness, who I am sure

:41:55.:41:59.

did not wish to success that Scotland and Northern Ireland are

:42:00.:42:04.

not an integrated to part of the United Kingdom. The noble and

:42:05.:42:08.

Leonard Lord, Lord Browne, has rightly reminded us that this is a

:42:09.:42:15.

people's issue, not just a women's issue. His crown is highly polished

:42:16.:42:19.

and very bejewelled! I should declare an interest. I was a member

:42:20.:42:28.

of the board and a chair of the domestic fire and charity refuge.

:42:29.:42:35.

That was many years ago but I still declare the interest, because that

:42:36.:42:40.

experience was very vivid. Very recently, within the last few days,

:42:41.:42:44.

I have agreed to become a member of an advisory group for the

:42:45.:42:49.

organisation case macro voice for victims. It struck me that this

:42:50.:42:59.

debate may be wrapped up with the debate for International Women's

:43:00.:43:03.

Day, which was on the UK's role of promoting gender equality. Because

:43:04.:43:06.

of the significance of the exercise of the UK's role it would be very

:43:07.:43:13.

significant if the UK ratified the convention. I should not put it

:43:14.:43:19.

grammatically in that way. It will be significant when it does. Reports

:43:20.:43:26.

on violence against women often have a section headed something like,

:43:27.:43:32.

what is violence against women and girls? Sadly there are very many

:43:33.:43:37.

women and girls who could testify. This week a survey of laws in the 73

:43:38.:43:48.

countries found that there are bad laws underpinning a global epidemic

:43:49.:43:54.

of sexual violence. The aims of the convention, prevention, protection

:43:55.:44:03.

and prosecution and integrating policies are so sensible as to

:44:04.:44:07.

hardly need any description. They have only been, I think ten

:44:08.:44:21.

ratification so far. I joined the board of refuge when I was asked to

:44:22.:44:26.

come to a house ten years ago and attitudes in the UK have changed but

:44:27.:44:31.

not as much as one may expect in a generation. They seem to me to have

:44:32.:44:36.

changed very often among senior people who have to deal with the

:44:37.:44:41.

issue, to take the police is one example, left so in lower ranks.

:44:42.:44:51.

Some of us were privileged to hear DC see Louisa Wolf from the West

:44:52.:44:57.

Midlands talk about coercive control at an all-party group meeting

:44:58.:45:04.

recently. Her understanding and her description were very impressive

:45:05.:45:10.

indeed. I say that there haven't been the changes one might expect in

:45:11.:45:17.

a generation. Though the importance of the issue is so enormous, and yet

:45:18.:45:28.

there is a lack of belief, a lack of understanding. Can I complement the

:45:29.:45:35.

noble Baroness on raising the issue or people's attitudes. I declare an

:45:36.:45:41.

interest in night in the 1970s I was with a group of people as a local

:45:42.:45:47.

councillor, trying to establish a refuge provision. I was invited from

:45:48.:45:54.

the council I was unimpressed and to go and speak to senior members at

:45:55.:46:00.

Chorley Council and the then leader of Chorley Council finished the

:46:01.:46:06.

meeting by saying he was absolutely appalled that men in Preston behaved

:46:07.:46:13.

like this, because, of course, they didn't in Chorley. Another

:46:14.:46:19.

councillor came to speak to me and said her son-in-law has embarrassed

:46:20.:46:25.

her and her daughter had complained of being a victim and the daughters

:46:26.:46:37.

father would not believe that a barrister could behave like this. --

:46:38.:46:47.

her son was a barrister. The wide range of areas this can come from.

:46:48.:46:52.

Magister mine house, that interruption should be very brief. I

:46:53.:46:59.

am grateful for that interruption. I was about to say that one often

:47:00.:47:08.

hears that it does not happen here. The lack of understanding,

:47:09.:47:12.

understanding that what is happening is a crime, is very sadly shared

:47:13.:47:18.

among those who experience that crime. My Lords, I am a member of

:47:19.:47:26.

the joint committee on human rights which, in 2015, undertook an enquiry

:47:27.:47:35.

to examine progress towards ratification in the noble Baroness

:47:36.:47:45.

referred to that. Its report told Lordships that the convention would

:47:46.:47:48.

have a strong, indirect effect on the UK legal system, firstly in that

:47:49.:47:54.

it could be cited by the UK courts as persuasive authority and secondly

:47:55.:48:02.

through the role of the European Court of Human Rights, given that

:48:03.:48:10.

the government is bound by its judgment and, therefore, the terms

:48:11.:48:14.

of the convention could have a strong, indirect effect on the UK

:48:15.:48:26.

legal system. The report also commented on some of the evidence

:48:27.:48:33.

that it had obtained. Witnesses had told the committee that ratification

:48:34.:48:42.

would help the UK's position internationally in tackling violence

:48:43.:48:44.

against women and girls and would encourage other countries to follow

:48:45.:48:50.

suit. The bar human rights committee of England and will said that

:48:51.:48:59.

ratification would emphasise the state 's positive duty and it would

:49:00.:49:03.

provide a further basis in law for those who wished to persuade the

:49:04.:49:06.

state to provide adequate and meaningful resources to construct an

:49:07.:49:12.

effective mechanism to protect women from gender violence and harm. That,

:49:13.:49:18.

of course, does raise the question, is that a resource issue behind this

:49:19.:49:26.

which may not have been acknowledged in the same way as the concerns

:49:27.:49:31.

about the devolved institutions. I hope that the Minister can assure us

:49:32.:49:37.

that there is not a devolved resource component to this

:49:38.:49:48.

precluding ratification. The evidence from the Minister to the

:49:49.:49:56.

committee referred to the ratification being a matter for the

:49:57.:50:06.

devolved administrations. Let us not seek to avoid any responsibility

:50:07.:50:12.

ourselves in that area. The governments response to the report

:50:13.:50:30.

was to emphasise its commitment to the convention, but again to refer

:50:31.:50:42.

to the devolved administrations. The International context is something

:50:43.:50:47.

that we have heard about, and we have also heard that it is not just

:50:48.:50:55.

a third World issue. Real commitment would put all the mechanisms in

:50:56.:50:59.

place and it would be a considerable achievement of Her Majesty 's

:51:00.:51:04.

government, both to be able to ratify the Convention and actually

:51:05.:51:09.

to ratify it. It would be a solid expression of its commitment to

:51:10.:51:17.

preventing and combating violence against women and domestic pile in.

:51:18.:51:21.

If you like, it would put the country's legislation where its

:51:22.:51:26.

mouth is. -- domestic violence. The UK is in a good position to ratify,

:51:27.:51:33.

according to the J CHR. The then Home Secretary showed her personal

:51:34.:51:38.

commitment and only a single legislative change is required. Last

:51:39.:51:49.

year the JCHR visited Strasbourg and I remember a member of the Council

:51:50.:51:57.

of Europe emphasising very strongly the importance of the UK 's example.

:51:58.:52:02.

The context was different, we were talking about compliance with the

:52:03.:52:11.

judgment of the court and a different issue, but the same

:52:12.:52:17.

message, and that is the examples set by a country which is respected

:52:18.:52:23.

and use respect needs to be maintained. From these benches we

:52:24.:52:30.

support the bill. My Lords, it is a pleasure and privilege to make a

:52:31.:52:34.

brief response from the opposition front bench. I congratulate my noble

:52:35.:52:38.

friend for bringing forward this bill and for her excellent opening

:52:39.:52:41.

speech that made the case so compelling that I challenge the

:52:42.:52:45.

Minister to resist in any way at all. I would like to take a moment

:52:46.:52:50.

to congratulate my honourable friend for a lifetime of campaigning for

:52:51.:52:53.

women and girls throughout political history and to say what an

:52:54.:52:58.

inspiration she is to so many of us on these benches. It has been a

:52:59.:53:01.

delight to hear speeches from almost all around the house, particular for

:53:02.:53:06.

the noble Lord, Lord Browne, who made such an important contribution

:53:07.:53:10.

to the legal position to the position of women with that

:53:11.:53:14.

ground-breaking ruling. I also congratulate him to turn up and

:53:15.:53:17.

stand up and speak up for his benches on the men who support this.

:53:18.:53:23.

I look forward to the Conservative benches being just as encouraging

:53:24.:53:28.

when the minister gets up to speak. I am pleased to say from these

:53:29.:53:32.

benches that I fully support this bill and it has the full support of

:53:33.:53:36.

the official opposition and the Labour Party had confirmed that in

:53:37.:53:42.

government we would ratify the Istanbul convention. Violence

:53:43.:53:45.

against women and girls should be a priority in any society and we are

:53:46.:53:49.

completely committed to ensure that women and girls can have safe and

:53:50.:53:52.

secure lives wherever they live and whatever they choose to do. Sarah

:53:53.:53:56.

Champion said in another place, ending violence against women and

:53:57.:54:00.

girls requires a radical seismic societal shift in power and

:54:01.:54:04.

attitudes. This bill may be a small contribution but it is a very

:54:05.:54:09.

important one and it shows our partnership can -- parliament can

:54:10.:54:13.

play in tackling that challenge. We had a catalogue of appalling

:54:14.:54:16.

violence, explained by the Bishop of Saint all buttons and the noble and

:54:17.:54:22.

learned it Lord of Eaton under Heywood. As my noble friend Lady

:54:23.:54:30.

Gale, the reason to understand that this violence is perpetrated against

:54:31.:54:35.

women and girls, it is gendered violence, and it is not an accident

:54:36.:54:38.

that such a disproportionate amount of it is directed against women and

:54:39.:54:42.

girls. It is the context in which atoms which is global inequality,

:54:43.:54:46.

and inequality of power and an inequality of access to the levers

:54:47.:54:51.

of power. We need to understand that there is a connection between that

:54:52.:54:54.

even in our own society. We are still in a permission where we have

:54:55.:54:58.

a female Prime Minister but only other seven other women in their

:54:59.:55:06.

cabinet and 29% of MPs are women and we recently saw the celebrations

:55:07.:55:09.

went on, finally won a by-election just before Christmas meant as many

:55:10.:55:13.

women had been elected to the other place in history as were sitting on

:55:14.:55:16.

that day. In this house only 26% of us are women and we are making

:55:17.:55:20.

progress but the reality is that the context here and elsewhere around

:55:21.:55:24.

the world means that we will have to take particular steps to address the

:55:25.:55:27.

challenge faced by women and girls and that is the context for this

:55:28.:55:34.

bill. That makes this convention, the Istanbul convention, so

:55:35.:55:35.

important. Is a unique grand pacing piece of

:55:36.:55:47.

legislation which offers an international framework for tackling

:55:48.:55:50.

violence against women and girls -- unique ground-breaking. So I hope

:55:51.:55:55.

they will be telling us they will give this bill affaires wind and

:55:56.:55:59.

that we will hear from them a timetable for ratification of the

:56:00.:56:02.

convention and that there will be a time and they can change the house

:56:03.:56:05.

what changes will be needed to ratify it and I look forward to

:56:06.:56:10.

hearing about this. But also as the bill will cut across powers, I

:56:11.:56:14.

wonder if the Minister could tell the house what discussions the

:56:15.:56:19.

government has had with devolved administrations regarding

:56:20.:56:22.

implementing this? This provides us with a step we need to take a key

:56:23.:56:26.

move forward in the battle to eliminate violence against women and

:56:27.:56:30.

girls and I hope the House and the government give this wholehearted

:56:31.:56:37.

support. My Lords, may I take a moment to thank the noble ladies are

:56:38.:56:42.

taking this bill through the House and for the very constructive

:56:43.:56:46.

conversation we have have this week. -- lady. May at -- may I also single

:56:47.:56:58.

out special praise. It is always nice to hear men come in on a debate

:56:59.:57:04.

which is mainly about women. I would like to say at this moment that the

:57:05.:57:08.

government has given its full backing to this bill and we wholly

:57:09.:57:13.

support its aim of making sure that we deliver on our commitment to

:57:14.:57:19.

ratifying the Istanbul convention. We all recognise that violence is

:57:20.:57:22.

still far too prevalent in our society today. And that women still

:57:23.:57:28.

face much higher risk of gender-based violence than men.

:57:29.:57:33.

Physical, sexual and domestic abuse affects women are disproportionately

:57:34.:57:37.

and that is the stark reality, I'm afraid. We'll so know that many of

:57:38.:57:41.

these crimes remain unreported -- we also know. We spoke about this in

:57:42.:57:48.

questions yesterday, leaving victims to suffer in silence, and

:57:49.:57:54.

perpetrators escaping justice. Our commitment to ratifying the Istanbul

:57:55.:57:58.

convention, not only shows how seriously this government is taking

:57:59.:58:02.

its responsibility to make sure that all victims are supported and that

:58:03.:58:06.

perpetrators are brought to justice, but also our ongoing commitment to

:58:07.:58:10.

strengthening international cooperation in this field which is

:58:11.:58:15.

vital. My Lords this government has put prevention at the heart of our

:58:16.:58:19.

approach, and we have significantly strengthened the law since we first

:58:20.:58:26.

published our first call to end violence in 2010, as the right

:58:27.:58:32.

reverend the Bishop of St Albans has pointed out. We have criminalised

:58:33.:58:38.

forced marriages in England and Wales and have a forced marriage

:58:39.:58:44.

order in protection. The right reverend brought up an interesting

:58:45.:58:49.

point about the issue of forced marriages and girls being taken out

:58:50.:58:54.

of the UK for this reason. The joint Home Office and Foreign and

:58:55.:58:57.

Commonwealth Office, they provide that support and advice to victims.

:58:58.:59:07.

The most recent statistics were published yesterday in fact and they

:59:08.:59:12.

showed that in 2016 advice or support was provided in 1428 cases.

:59:13.:59:22.

371 of those, 26%, involved under 18 's and the unit handled cases

:59:23.:59:31.

relating to 60... Sorry to break in. I was making a different point. I'm

:59:32.:59:36.

grateful to have those statistics, but the question is we don't have

:59:37.:59:41.

any proactive way of trying to work out, for example, people going

:59:42.:59:44.

through immigration, to find out more information, it is simply an

:59:45.:59:49.

unknown problem and that is what I was trying to push in. Could you

:59:50.:59:54.

comment on that. You make a very good point. About how do we actually

:59:55.:00:01.

as opposed to being reactive about these things, be proactive, and one

:00:02.:00:06.

of the things that we have made significant steps in doing over the

:00:07.:00:10.

last new months and years, is over our intelligence at the border,

:00:11.:00:16.

training border staff to look for what may be issues of either people

:00:17.:00:22.

trafficking or forced marriages, there are a host of things that

:00:23.:00:26.

immigration is looking at that actually prevents some of these

:00:27.:00:33.

things from happening. I'm glad that the right reverend brought that up.

:00:34.:00:40.

We have fast tracked in addition to that, female genital mutilation

:00:41.:00:42.

protection orders and we have introduced a new mandatory reporting

:00:43.:00:49.

duty for FGM. We have strength and legislation on stalking, creating

:00:50.:00:53.

two new offences and we have improved training regarding stalking

:00:54.:00:59.

for those who come into contact with victims and we have also introduced

:01:00.:01:03.

a new stalking protection order with criminal sanctions to help protect

:01:04.:01:06.

victims at the earliest possible opportunity. The rape action plan

:01:07.:01:14.

launched in 2014 and led by the Crown Prosecution Service and the

:01:15.:01:18.

National policing lead for rape is making sure that every report of

:01:19.:01:22.

rape is treated seriously and every victim is given the help they

:01:23.:01:26.

deserve. And we have protected funding for rape support services at

:01:27.:01:36.

current levels in 2016, 2017, providing independent specialist

:01:37.:01:41.

support. We have also strengthened the law on domestic violence with a

:01:42.:01:46.

new offence of domestic abuse which covers controlling and coercive

:01:47.:01:49.

behaviour and another thing we touched upon on Wednesday at

:01:50.:01:58.

questions, the new offence protects victims who would otherwise be

:01:59.:02:01.

subjected to sustained patterns of abuse that can lead to total control

:02:02.:02:07.

of their lives by the perpetrator, some of them not actually even

:02:08.:02:10.

knowing that this is happening to them. Another thing we discussed.

:02:11.:02:16.

And the new domestic violence protection order and the domestic

:02:17.:02:21.

violence disclosure scheme has also been rolled out across England and

:02:22.:02:27.

Wales. This is alongside the work of the government to continue reforming

:02:28.:02:31.

front line agency 's response. It is vital that victims have the

:02:32.:02:34.

confidence to report these crimes knowing they will get the support

:02:35.:02:37.

they need and that everything will be done to bring offenders to

:02:38.:02:42.

justice. The UK continues to be a global leader in its efforts to

:02:43.:02:50.

tackle this and our changes to domestic law are supporting a

:02:51.:02:55.

stronger international framework, the Istanbul convention highlights

:02:56.:02:59.

the need for more regional and international cooperation and while

:03:00.:03:02.

there is no one size fits all model, the measures within the convention

:03:03.:03:05.

will make sure that more of the action is taken through legally

:03:06.:03:10.

binding and harmonised standards. In most respects the measures already

:03:11.:03:15.

in place in the UK to protect women and girls from violence comply or go

:03:16.:03:18.

further than the Convention requires. But before we ratify the

:03:19.:03:23.

convention we must make sure that we are fully compliant with it. There

:03:24.:03:29.

is one outstanding issue regarding introducing extraterritorial

:03:30.:03:35.

jurisdiction or even extraterrestrials jurisdiction which

:03:36.:03:38.

needs to be addressed before we will consider it to be compliant. We

:03:39.:03:44.

already have the TJ over some of the offences -- E TJ over some of the

:03:45.:03:50.

offences, including forced marriages and FGM, but there is still a number

:03:51.:03:56.

of offences including rape of an over 18, sexual assault and domestic

:03:57.:04:06.

violence. We need to fully comply with the requirements in Article 44

:04:07.:04:11.

of the convention. This will require primary legislation to be introduced

:04:12.:04:15.

in England and Wales as well as Scotland and Northern Ireland. We

:04:16.:04:20.

are working closely with ministerial colleagues to progress this issue

:04:21.:04:24.

and as the Prime Minister has signalled, we will explore all

:04:25.:04:27.

options to bring the necessary legislation forward. I think it was

:04:28.:04:33.

the noble lady who asked about the devolved administrations and we are

:04:34.:04:38.

in regular contact with them on this bill and the Istanbul convention.

:04:39.:04:52.

The bill places agency on the government to lay a report before

:04:53.:04:55.

Parliament as soon as reasonably practicable after this bill comes

:04:56.:05:04.

into force. As well as the timescale within which ratification is

:05:05.:05:08.

expected and it also requires the government to lay the annual report

:05:09.:05:11.

before Parliament on progress towards ratification. I recognise

:05:12.:05:17.

that noble Lords want some assurance that we will continue to update

:05:18.:05:21.

Parliament on the ongoing compliance with the convention,

:05:22.:05:25.

post-ratification. As with the other Council of Europe treaties and the

:05:26.:05:30.

baroness did actually asked a question about Brexit, in this

:05:31.:05:37.

regard, it is a Council of Europe treaty, so this is independent of

:05:38.:05:41.

the European Union. Functions on processes and it won't affect

:05:42.:05:50.

Brexit. Once it has been ratified we will be required to submit regular

:05:51.:05:57.

reports to the Council of Europe on compliance and the reports will

:05:58.:06:02.

contain detailed information. It will mention the role of civil

:06:03.:06:05.

society organisations to addressing these crimes and regarding

:06:06.:06:09.

prosecutions and convictions and we will make sure that both houses have

:06:10.:06:14.

sight of these reports. The group of experts on action of violence

:06:15.:06:22.

against women and domestic violence, the independent expert body monitors

:06:23.:06:28.

the convention, will scrutinise the report and then prepare their own

:06:29.:06:31.

report with recommendations and the report will also be available for

:06:32.:06:37.

parliamentary and public scrutiny. The government is pleased to support

:06:38.:06:40.

this bill and its aims of making sure that we formally demonstrate to

:06:41.:06:44.

Parliament the progress that we make to deliver against our commitment to

:06:45.:06:48.

ratify the convention. We have made progress in tackling this but we are

:06:49.:06:52.

not complacent. We know that there is more to do to make sure that

:06:53.:06:56.

victims of terrible crimes get the support they need. Across government

:06:57.:07:02.

strategy published last March, setup the ambition that by the end of this

:07:03.:07:06.

Parliament no victim of abuse is turned away from the support they

:07:07.:07:12.

need. The strategy is underpinned by increased funding of ?80 million and

:07:13.:07:20.

this includes the Home Office's ?15 million, three-year violence against

:07:21.:07:23.

women and girl fun, to promote and embed the best local practices and

:07:24.:07:27.

make sure that early intervention and prevention becomes the norm. The

:07:28.:07:31.

Chancellor's Spring statement has announced an additional ?20 million

:07:32.:07:37.

for victims of domestic abuse. This funding will help to deliver our

:07:38.:07:40.

goal to work with local commissioners to deliver a secure

:07:41.:07:45.

future for rape support centres, refugees and FGM and forced marriage

:07:46.:07:49.

unit, and driving a major change across all services so that early

:07:50.:07:52.

intervention and prevention is the norm. Furthermore to make sure that

:07:53.:07:57.

all victims get the right support at the right time, we have set out a

:07:58.:08:03.

clear blueprint for local action through the national statement of

:08:04.:08:07.

expectations and this sets out what local areas need to do to prevent

:08:08.:08:12.

offending and support victims and it will encourage organisations to work

:08:13.:08:15.

with local commissioners to disseminate this and support

:08:16.:08:22.

implementation of best practice. We have also recently announced some

:08:23.:08:27.

key measures which will further strengthen the response. A major new

:08:28.:08:33.

programme of work on domestic abuse has been announced by the Prime

:08:34.:08:37.

Minister. This cross governmental work is being co-ordinated by the

:08:38.:08:40.

Home Secretary and the Justice Secretary and will look at

:08:41.:08:44.

legislative and non-legislative options to improve support for

:08:45.:08:48.

victims. The measures that come out of this will encourage victims to

:08:49.:08:55.

run >> STUDIO: -- to report their abuses and further raise public

:08:56.:09:00.

awareness. We have announced that sex education will be put on a

:09:01.:09:03.

statutory footing so that every child has access to age-appropriate

:09:04.:09:10.

provision in a consistent way. And the Department for Education will be

:09:11.:09:13.

consulting on making PS H E statutory. We must continue to

:09:14.:09:19.

challenge the many forms of discrimination that women still face

:09:20.:09:22.

and make sure that we make this everyone's business. We all have our

:09:23.:09:28.

part to play in protecting women and girls from violence and I very much

:09:29.:09:32.

hope and feel that you noble Lords will join me in supporting this

:09:33.:09:33.

bill. I would like to thank all noble

:09:34.:09:45.

members of the House today, I'll get this right. Thank you all very much

:09:46.:09:50.

indeed for taking part. I would specially like to thank the noble

:09:51.:09:57.

and learned Lord Brown for his contribution and again to thank him

:09:58.:10:00.

for all the wonderful work he has done in this field. And to the right

:10:01.:10:07.

Reverend again for speaking about his experiences listening to women

:10:08.:10:12.

who have suffered from domestic violence and bringing that to your

:10:13.:10:18.

Lordship's House. I mention our two male peers who took part because we

:10:19.:10:23.

need women and men taking part in this. It isn't an issue just for

:10:24.:10:29.

women as the noble Lord's have pointed out. Again I'd like to thank

:10:30.:10:37.

the noble Baroness for her support of this and talk about her

:10:38.:10:43.

experience in this field as well. And for the work on the Joint

:10:44.:10:48.

Committee on Human Rights and speaking about how that committee

:10:49.:10:53.

wants to ratify the Istanbul convention. I was interested in my

:10:54.:10:58.

noble friend's intervention that some people think it doesn't happen

:10:59.:11:01.

in their area. We know it happens everywhere. It happens in every

:11:02.:11:06.

county in England, Wales, Scotland and in the whole world actually.

:11:07.:11:09.

There's no country free from it. That is why it's really important

:11:10.:11:15.

that we take action. I would like to thank my noble friend again for the

:11:16.:11:21.

Opposition support for this bill. So there is support right across the

:11:22.:11:26.

House on hiss. I thank the minister for her support for the bill. I'm

:11:27.:11:31.

sure working together, with other members, we going to get this

:11:32.:11:36.

through. I look forward to working with her and I'm sure that in

:11:37.:11:40.

getting this bill through your Lordship's house that she will make

:11:41.:11:46.

sure that, working together, should keep my feet firmly on the ground

:11:47.:11:51.

and that bill does not end up in outer space. I'm really looking

:11:52.:11:56.

forward to that. I know we're going to get the compliance because the

:11:57.:12:01.

Government seems to be determined to do that. I thank the minister for

:12:02.:12:05.

her cooperation and I would now ask the House to gay the bill a second

:12:06.:12:11.

reading. -- to give the bill a second reading. As man of that

:12:12.:12:20.

opinion should say content. The contents have it.

:12:21.:12:26.

My Lord I move that this bill be committed to a committee of the

:12:27.:12:30.

whole House. As many of that opinion say content. To the contrary not

:12:31.:12:36.

content. The contents have it. Second reading of the political

:12:37.:12:39.

parties funding and expenditure bill. My Lord's, I beg to move this

:12:40.:12:47.

bill be read a second time. I must confess that I'm very surprised,

:12:48.:12:51.

pleasantly surprised of course, to be in a position to move the second

:12:52.:12:56.

reading of the bill. Had there not been a fill buster in the other

:12:57.:13:01.

place two weeks ago, I would have no chance to set out the merits of our

:13:02.:13:04.

proposal today, and that would have been the last opportunity for this

:13:05.:13:09.

session. My Lord's, I say "our" proposals, since this bill is based

:13:10.:13:13.

on the cross-party draft published in April 2013 by a small group

:13:14.:13:20.

comprising Andrew Tyrie MP, very distinguished member of the other

:13:21.:13:25.

place who's worked so hard on this issue and Alan Whitehead a very well

:13:26.:13:29.

respected Labour MP and myself. I'm hugely grateful for their time and

:13:30.:13:34.

their commitment, but the current bill has, for obvious reasons, been

:13:35.:13:40.

updated since then, so that they cannot be held responsible for all

:13:41.:13:44.

its details. My Lord's I should also record that the really hard work for

:13:45.:13:49.

the original draft was undertaken by a professional Parliamentary

:13:50.:13:51.

draftsperson under the supervision of our principal advisor Alex Davis,

:13:52.:13:57.

with the support of the GCSE receive Rountree reform -- Joseph Rowntree

:13:58.:14:01.

trust. The contribution of Alex to the process has been invaluable. The

:14:02.:14:05.

bill is as much his as it is now. I should record that it seeks to

:14:06.:14:10.

fulfil the objectives of the report by the committee on standards?

:14:11.:14:17.

Public life pub -- stands in publish life. I am delighted that the

:14:18.:14:21.

current chairman, who has down so much to clarify the problems and

:14:22.:14:24.

possible solutions intends to speak today. The current bill drafted

:14:25.:14:30.

nearly a year ago now, updates the previous proposals to reflect the

:14:31.:14:36.

various manifesto commitments of all the main parties to take big money

:14:37.:14:43.

out of British politics. And to regularise the constraints of both

:14:44.:14:48.

party donations and campaign expenditure. The delay in obtaining

:14:49.:14:53.

this debate, my Lord's, has two fortuitous, huge benefits. First,

:14:54.:14:58.

I'm delighted that the noble Lord, Lord Young, is to respond since he

:14:59.:15:04.

and I have debated together and often worked together over some 55

:15:05.:15:07.

years. He may not care to be reminded of this. I hope it's too

:15:08.:15:11.

late to affect his career, but it has been a very happy cooperation on

:15:12.:15:17.

several occasions. My Lord's, if this debate had taken place earlier

:15:18.:15:21.

in the session he might have still been enjoying well earned retirement

:15:22.:15:25.

on the backbenches. But he's here today and I'm delighted. Mowerover,

:15:26.:15:28.

my Lord's, unlike so many colleagues, he comes to the

:15:29.:15:33.

Government dispatch box with a great deal of experience of election

:15:34.:15:37.

contests, several more than mine and very many more successful than mine.

:15:38.:15:43.

He is uniquely placed to respond positively to this debate. My

:15:44.:15:46.

Lord's, secondly, in the last few weeks, there have been several

:15:47.:15:50.

developments which add to the urgency of a review of the law

:15:51.:15:54.

relating to political funding, both in relation to the extent to which

:15:55.:15:58.

millionaires dominate the income of all parties and the way in which,

:15:59.:16:06.

and the way in which opportunities are found to circumnavigate the long

:16:07.:16:11.

established restraints of campaign funding. This debate is all the more

:16:12.:16:16.

timely and topical for that. For example, I immediately concede, my

:16:17.:16:18.

Lord's, that the bill does not, since it was prepared over a year

:16:19.:16:25.

ago, adequately cover the special circumstances of referendums or

:16:26.:16:30.

referenda, if you prefer. You will be aware of the recent revelations

:16:31.:16:36.

in the Observer newspaper examiner the role of the American billionaire

:16:37.:16:45.

Robert Mercer and his interests in Cambridge alalityca and vote leave

:16:46.:16:49.

campaign last year. Despite attempted explanations that this

:16:50.:16:53.

company, which assisted the Trump campaign to target swing voters at a

:16:54.:16:59.

cost of more than $6 million, did not work in British politics Mr

:17:00.:17:04.

Aaron Banks suggests otherwise. He said last month that Cambridge

:17:05.:17:10.

analytical was "world class, had helped the Leave campaign with

:17:11.:17:14.

unprecedented levels of engagement and claimed that their artificial

:17:15.:17:19.

intelligence won it for Leave." One of the employees of this company had

:17:20.:17:25.

previously appeared at a Leave EU press conference to explain the

:17:26.:17:30.

technology that was being employed in their campaign. The Observer

:17:31.:17:37.

reports that Cambridge analytical "declined to comment last week on

:17:38.:17:47.

whether it had (inaudible) As members here will know all donations

:17:48.:17:54.

of services in kind worth ?7,500 must be reported to the Electoral

:17:55.:17:59.

Commission and no such submission was made. Here my Lord's is a clear

:18:00.:18:05.

case for the commission to be empowered to examine again the issue

:18:06.:18:08.

of valuable benefits in kind and to act to prevent abuse. I come to a

:18:09.:18:14.

second example of potential abuse. The guardian on February 24 reported

:18:15.:18:19.

on the curious case of the referendum campaign expenditure by

:18:20.:18:24.

the DUP, which was wholly and completely spent on the mainland of

:18:25.:18:33.

Great Britain. We now know that the DUP had an anonymous donation of

:18:34.:18:40.

?280,000 for advertising wrap around Metro, by far its biggest single

:18:41.:18:45.

contribution to the Leave campaign. And Metro does not circulate in

:18:46.:18:52.

Northern Ireland. The rules on political donations transparency

:18:53.:18:55.

were not extended to the province in 2000, for very special reasons.

:18:56.:19:00.

Those reasons may not apply now, and they should surely be revisited. The

:19:01.:19:03.

practical result of this deefs action has been to create an

:19:04.:19:09.

apparent case of political money laundering. I hope the ministers and

:19:10.:19:14.

commission will agree this potential abuse should not be permitted to

:19:15.:19:17.

continue and increase and the latter must be given powers in legislation

:19:18.:19:21.

to tackle it. Together, my Lord's, these two examples result in the

:19:22.:19:26.

Leave campaign standing accused not only of lying in the substance of

:19:27.:19:30.

their campaign, but cheating in the process of delivering it. My third

:19:31.:19:35.

example is even more urgent and topical because the trend I will

:19:36.:19:39.

identify is inSidious and undermines one of the most vital features of

:19:40.:19:45.

our representative democracy. Since 1883, there have been firm rules to

:19:46.:19:50.

prevent individuals and organisations from pouring excessive

:19:51.:19:54.

sums of money into the constituency campaigns to secure the election of

:19:55.:20:00.

individual candidates, to prevent the purchase of MPs, if you like.

:20:01.:20:04.

All the elections here contested I'm sure that the noble Lord, Lord

:20:05.:20:09.

Young, will have been reminded that every single penny spent to secure

:20:10.:20:16.

his success is restricted by law. It must be observed rigorously and

:20:17.:20:19.

reported or he could end up in court. A number of other members of

:20:20.:20:23.

your Lordship's House stood for election to the other place and I'm

:20:24.:20:29.

sure they were reminded by their agents at regular intervals about

:20:30.:20:35.

expenditure at any sum to secure election. Over recent years,

:20:36.:20:40.

however, an ever increasing percentage of the investment in

:20:41.:20:44.

target seats has come from the various national party campaign

:20:45.:20:49.

funds with hugely different and higher permitted totals. All parties

:20:50.:20:53.

have seen this as an obvious way to increase their chances of success in

:20:54.:21:01.

those constituencies, while dodging the long established local financial

:21:02.:21:04.

constraints. My Lord, in recent weeks, we've all been endeaded to

:21:05.:21:10.

Michael Crick and Channel 4 for their determined investigative

:21:11.:21:13.

journalism on this issue. Personally I regret that the BBC has appeared

:21:14.:21:18.

to be prepared to leave it to rivals, to their rivals, to fill

:21:19.:21:23.

this important role. However, the Times has covered this issue

:21:24.:21:34.

extensively. In its issue of March 4, under the headline, "election

:21:35.:21:41.

fraud Queenery rocks Number Ten", and then there was a considerable

:21:42.:21:47.

interest that followed on from that. World media attention has fizzed

:21:48.:21:51.

round these cases, the official response has been positively

:21:52.:21:56.

pedestrian. My Lord's, outrageously, these matters have been allowed to

:21:57.:22:00.

drag on for more than 20 months. Quite apart from anything else, this

:22:01.:22:07.

has been hanging over heads of individual MPs, and a number of

:22:08.:22:10.

them, whose whole political career could be at risk. It is surely

:22:11.:22:16.

absurd for so many individual police forces, many of whom may never have

:22:17.:22:20.

undertaken any similar investigation to have to learn afresh the way in

:22:21.:22:25.

which campaign funding is restricted by law. So that is why clause 23 of

:22:26.:22:31.

our bill makes provision for the Electoral Commission to be empowered

:22:32.:22:36.

in this key role of ensuring compliance with all the expenditure

:22:37.:22:41.

limits in election law. Meanwhile, clause 19 of our bill sets out

:22:42.:22:49.

clearly a way to circumscribe a growing abuse of our electoral

:22:50.:22:52.

legislation. Subsection three of that clause, the only part of the

:22:53.:22:56.

bill I intend to quote directly this afternoon, it reads, "No more than

:22:57.:23:00.

1% of the amounts specified in subsection two may be incurred by

:23:01.:23:08.

represented registered party for the purposes of A, sending unsolicited

:23:09.:23:12.

material, falling within paragraph four of sedge you'll one -- schedule

:23:13.:23:18.

one, addressed to any person registered or entitled to be

:23:19.:23:23.

registered in the register of Parliamentary electors for any

:23:24.:23:26.

Parliamentary constituency, B, making unsolicited telephone calls

:23:27.:23:29.

to such persons. To be clear, this means that only 1% of the overall

:23:30.:23:34.

national preparer limit could be spent in any one constituency on the

:23:35.:23:40.

two campaign methods which are denone strabl targeted. A letter or

:23:41.:23:44.

telephone call to an elector in a home, in a constituency cannot be

:23:45.:23:48.

said to be doing other than influencing the result in that

:23:49.:23:53.

particular constituency. It's one of the features of our electoral system

:23:54.:24:00.

that there is no national result, nor a regional result, only

:24:01.:24:03.

constituency results. What we are suggesting may not prevent all the

:24:04.:24:07.

present cunning attempts to bypass the law, not least with the Advent

:24:08.:24:13.

of targeted social media advertising, but it would be a good

:24:14.:24:17.

start. And if the Government took on this cross-party bill, they could

:24:18.:24:21.

certainly make it more comprehensive, for example, dealing

:24:22.:24:26.

with the deployment of central party staff and the bus loads of activists

:24:27.:24:31.

to marginal seats. I don't know whether the noble Lord reads the

:24:32.:24:35.

Daily Mail every morning, but I'm sure his department has drawn his

:24:36.:24:38.

attention to page two of that newspaper this morning, possibly

:24:39.:24:45.

also he saw Channel 4 last night, that is very relevant. I'm very

:24:46.:24:49.

competent and well aware of the recent extensive, excellently

:24:50.:24:52.

prepared and fair recommendations of the Electoral Commission that their

:24:53.:24:55.

expert advice to be available to ministers. I have a summary of

:24:56.:25:01.

relevant recent Electoral Commission statements which I won't propose to

:25:02.:25:06.

read out now, but I'm sure the noble Lord the minister is well aware of

:25:07.:25:07.

them. The Times article was accompanied by

:25:08.:25:14.

a leading article which concluded the spending rules exist for good

:25:15.:25:19.

reasons. They make sure that constituency candidates face each

:25:20.:25:23.

other on a level playing field, fiddling expenses undermines not

:25:24.:25:30.

just the result, but the public's face in the institutions of

:25:31.:25:34.

Parliament. Above all the electoral process must be seen to be honest

:25:35.:25:40.

and above reproach. I wholeheartedly agree and I hope that the noble Lord

:25:41.:25:48.

will do so, to. My Lords, I readily acknowledge that the likelihood of

:25:49.:25:54.

any further progress for our cross-party bill at this time is

:25:55.:25:59.

precisely zero. However, help is at hand. Members of the house will

:26:00.:26:08.

recall the crucial recommendations regarding trade union political

:26:09.:26:12.

funds and political party funding. I'm proud to admit that I originally

:26:13.:26:16.

suggested the creation of that select committee and then served on

:26:17.:26:20.

it. Our report published just over a year ago referred to the

:26:21.:26:24.

Conservative 2015 election manifesto as follows, to seek agreement on a

:26:25.:26:29.

comprehensive package of party funded reform. And then our report

:26:30.:26:34.

included one very important recommendation, approved

:26:35.:26:40.

unanimously. Whether or not clause ten is enacted in whatever form, the

:26:41.:26:44.

political parties should live up to their manifesto commitments and make

:26:45.:26:49.

a renewed and urgent effort to seek a comprehensive agreement on party

:26:50.:26:55.

funding reform, and it went on, we urge the government to take a

:26:56.:27:01.

decisive lead and convened talks itself rather than waiting for them

:27:02.:27:08.

to emerge. We accepted the select committee's report and the trade

:27:09.:27:12.

union Bill was amended, but we waited in vain for the government's

:27:13.:27:15.

response to this crucial recommendation. At long last before

:27:16.:27:21.

Christmas, Christmas Eve, I think, six months beyond the convention

:27:22.:27:27.

limit, Chris Skidmore Parliamentary undersecretary wrote to our

:27:28.:27:31.

committee chairman, in his memorandum setting up the

:27:32.:27:33.

government's response largely ignored this recommendation and

:27:34.:27:40.

failed completely to reiterate the 2015 Conservative manifesto, but

:27:41.:27:49.

instead stated boldly that this -- despite this cross-party consensus,

:27:50.:27:55.

there is no broad consensus at this time. I'm not sure how he has

:27:56.:27:59.

arrived at this view, because in advance of convening talks. I

:28:00.:28:05.

suspect it might be that the Conservatives just don't want to

:28:06.:28:07.

find a consensus. However, he went on to promise, the government is

:28:08.:28:15.

open to constructive debate and dialogue on small-scale measures

:28:16.:28:17.

which could command broad support, if there was a positive reaction to

:28:18.:28:22.

such a potential step from a main political party, but let me repeat.

:28:23.:28:31.

A positive reaction. I don't know Chris Skidmore, but I'm sure that

:28:32.:28:36.

Lord Young will concur with me that the team in the cabinet off is

:28:37.:28:40.

always chooses their words with extreme care. It is impossible to

:28:41.:28:48.

have a reaction, positive or otherwise, without having an action

:28:49.:28:52.

to react to. There must be something to react to. Therefore I'd take it

:28:53.:28:59.

that the government is now ready to follow the recommendation of the

:29:00.:29:02.

select committee and to put some proposals to a cross-party group

:29:03.:29:08.

which they will convene. To meet the recommendation of the select

:29:09.:29:14.

committee, so warmly endorsed by your membership's house committee

:29:15.:29:18.

may be that the Minister will outline these proposals this

:29:19.:29:21.

afternoon. I've always been told that the afternoon is when the Mace

:29:22.:29:24.

hits the wharf site, that the afternoon starts.

:29:25.:29:30.

In any case, in this House and those from across the House, who agreed

:29:31.:29:39.

unanimously to these recommendations, several of whom I'm

:29:40.:29:42.

delighted to see here today, will now look to the government to

:29:43.:29:46.

initiate these talks immediately with a view to taking this further

:29:47.:29:49.

in the Queen's Speech and the new session. The Prime Minister came to

:29:50.:29:55.

office last year without the trouble of an election, and she must now

:29:56.:29:59.

pledged to lead a government which would be driven not by the interests

:30:00.:30:06.

of the privileged few. While donations and expenditure to

:30:07.:30:08.

election campaigns remains on reform, she simply cannot realise

:30:09.:30:14.

this ambition. A privileged few will continue to have privileged access

:30:15.:30:19.

to government and power. So before we get too close to another general

:30:20.:30:23.

election it is time, finally, to grasp this nettle. We who have

:30:24.:30:32.

worked on this cross-party bill, offer it as a practical starting

:30:33.:30:36.

point for cross-party discussions and for the legislation that must

:30:37.:30:42.

surely follow. I beg to move. The question is that this bill now be

:30:43.:30:48.

read a second time. I congratulate Lord Tyler in bringing forward this

:30:49.:30:57.

bill. I congratulate him especially... He spoke of the need

:30:58.:31:07.

to control big-money donations and I note in the week that his party

:31:08.:31:11.

leader has been extolling about $1 million >> STUDIO: -- about ?1

:31:12.:31:20.

million donation, exceeding that of the Labour Party. Anyone will not be

:31:21.:31:29.

surprised it is possible for the Liberal party leadership to be

:31:30.:31:32.

exalted in ?1 million donation at one end of Parliament while here

:31:33.:31:39.

they are being attacked. But despite all that, I complement the noble

:31:40.:31:43.

Lord Agassi is always very assiduous on these matters -- because he is

:31:44.:31:53.

always. A number of other matters deserve careful consideration, and

:31:54.:31:56.

there is a good case for gift aid and relation to personal political

:31:57.:32:01.

donations, especially at the local level, where political service in

:32:02.:32:10.

local communities actually at -- is objectively not much different from

:32:11.:32:12.

voluntary service for the public good. I must restrain myself because

:32:13.:32:18.

the cynic in me that sadly gnaws its way through my customary civility to

:32:19.:32:24.

the Liberal Democrats, does tempt me to say that some might see part one

:32:25.:32:29.

of schedule two in this bill which is entitled limits on campaign

:32:30.:32:34.

expenditure, and the noble Lord's own condemnation as he put it of

:32:35.:32:39.

bus-loads of activists being taken to elections. As perhaps a little

:32:40.:32:44.

rich in a bill which is being commended by the party opposite. But

:32:45.:32:51.

this being lent, I will restrain myself and I think we should all

:32:52.:32:57.

reflect on verse seven of chapter eight, I say this as the right

:32:58.:33:04.

reverend's benches empty, but chapters St John, let the party

:33:05.:33:12.

without sin cast the first stone. But the noble Lord referred to

:33:13.:33:16.

things which are not in the bill and I want to refer to things which I

:33:17.:33:21.

think are important. These are, the reception of donations that are

:33:22.:33:25.

later found to be the direct proceeds of crime, and secondly the

:33:26.:33:33.

risk of corrupt attempts to induce political party not to put up a

:33:34.:33:37.

candidate in an election. On the first point I'd take as my test case

:33:38.:33:44.

in the case of Michael Brown, convicted in 2008 hurt theft,

:33:45.:33:49.

furnishing false information and seeking to convert the course of

:33:50.:33:55.

justice -- for therefore the later broke jail as a fugitive from

:33:56.:34:02.

justice, but he donated ?2.4 million in just seven weeks to the Liberal

:34:03.:34:11.

Democrats in 2005. Before anyone says I have got on John, chapter

:34:12.:34:16.

seven, I would say that the Maxwell case and others show that all

:34:17.:34:18.

parties have encountered this problem. Let the party without sin

:34:19.:34:24.

cast the first stone. But I'd take the Brown, three wrongs do not make

:34:25.:34:30.

a right, and I focus on the ground case because it took place after the

:34:31.:34:34.

establishment of the electoral commission. And it clearly shows the

:34:35.:34:37.

inability of the commission to secure the return of donations which

:34:38.:34:45.

are the result of criminal enterprise, impermissible donation

:34:46.:34:53.

might be returned. If it was later found to be from the proceeds of

:34:54.:34:57.

crime. The only issue in law that the electoral commission campus you

:34:58.:35:01.

is whether the donation appeared reasonably to be their personal at

:35:02.:35:05.

the time it was given. -- to be permissible. And broadly that is

:35:06.:35:12.

whether it was incorporated in the UK and trading, and that is

:35:13.:35:15.

something that told in the very entertaining memoirs of the noble

:35:16.:35:23.

Lord, and always proud to plug the work of a former Richmond

:35:24.:35:26.

councillor, he says the Metropolitan special police special Branch told

:35:27.:35:32.

the Liberal Democrats at the time that fifth Ave partners were trading

:35:33.:35:37.

legitimately. It is therefore a material that it was later proved in

:35:38.:35:41.

court that the donating company was operating as a front for massive

:35:42.:35:47.

fraud. Paragraph 37 of the electoral commission's later report on this

:35:48.:35:52.

case implies that three donations to the Liberal Democrats, one of

:35:53.:35:58.

100,000, one of 151,000, and a third one of ?632,000, were money put into

:35:59.:36:05.

the company by default it would be investors which was flipped by Brown

:36:06.:36:11.

into political donations. Although the courts found that brown faced at

:36:12.:36:15.

least ?36 million from people who thought they were investing in a

:36:16.:36:19.

successful hedge fund, run by the son of a peer, and I never

:36:20.:36:25.

understand why people find it so beguiling when they are approached

:36:26.:36:27.

by someone who claims to be the son of a peer that they hand over their

:36:28.:36:32.

money. One individual hand it over ?8 million, very unfortunate, whose

:36:33.:36:37.

name is well known. But no action could be taken to recover the funds

:36:38.:36:41.

that were later found to be the proceeds of this criminal

:36:42.:36:47.

enterprise. One of Michael Brown's victims took the case to the

:36:48.:36:50.

Parliamentary ombudsman and he actually found against the electoral

:36:51.:36:54.

commission on certain grounds, negligence as he saw it,

:36:55.:36:57.

commissioned it not acceptable, those findings, and the matter was

:36:58.:37:02.

effectively closed. The party kept the money, as the Maxwell minute in

:37:03.:37:06.

the past was kept, and the victims lived with the loss -- the Maxwell

:37:07.:37:12.

money. There is a clear inequity, and I diverges between the treatment

:37:13.:37:15.

of what is found, albeit in good faith -- and a diverges. To be an

:37:16.:37:22.

impermissible donation at the time and one which is found later to come

:37:23.:37:27.

from criminal fraud. And I think if this bill goes forward to committee

:37:28.:37:29.

this issue really should be addressed. The second matter I wish

:37:30.:37:37.

to raise relates to the very murky affair of a ?250,000 donation

:37:38.:37:44.

offered by a still anonymous individual or company to the Green

:37:45.:37:51.

Party. In the context of discussion whether or not the Green Party

:37:52.:37:54.

should put up a candidate in the Richmond Park by-election and give a

:37:55.:38:00.

free run to the Liberal Democrats. Now, that this attempt at a donation

:38:01.:38:06.

was made is not tonight, my lords, quite the reverse. -- is not denied.

:38:07.:38:12.

Report from Kingston Green Party declares, and I quote, party staff

:38:13.:38:18.

added pressure to Kingston Green Party activists, saying in

:38:19.:38:23.

confidence that the party staff working for us to agree to stand

:38:24.:38:29.

down. This was because they would be serious but confidential

:38:30.:38:34.

implications for the National party, so serious that they could even

:38:35.:38:38.

affect the jobs of party staff. In the event that we did not do so. I

:38:39.:38:44.

continued the quote, later it was clarified by party staff, ostensibly

:38:45.:38:50.

on the instructions of a chief executive, that this related to the

:38:51.:38:54.

donation of some ?250,000 that was conditional on the party showing its

:38:55.:38:58.

seriousness about the progressive Alliance initiative. Between Green

:38:59.:39:06.

Party and the Liberal Democrats. The evidence of those... INAUDIBLE

:39:07.:39:17.

... A quarter of ?1 million, on offer, for the Green Party to not

:39:18.:39:20.

oppose the Liberal Democrats, either here or more widely. And this was

:39:21.:39:27.

not denied by the Green Party. Indeed it has been reported first

:39:28.:39:31.

that the central staff member did discuss the proposed donation with

:39:32.:39:39.

local party members, but this was an error. That is the usual excuse, my

:39:40.:39:46.

lords, of overzealous officials that comes up in so many cover-ups.

:39:47.:39:51.

The Green Party has said that the donation was considered but rejected

:39:52.:39:57.

by the party's ethics committee. That's a committee that we're told

:39:58.:40:05.

ensures no donations are accepted from foreign sources, tobacco

:40:06.:40:08.

companies or other industries, such as aviation. In other words, my

:40:09.:40:15.

Lord's, the offer was made, it was considered by the Green Party, it

:40:16.:40:19.

was used in argument within the Green Party to seek to induce people

:40:20.:40:24.

not to come forward or wish to come forward to be candidates, but was

:40:25.:40:29.

eventually rejected. Now it's true that the Green Party has denied that

:40:30.:40:35.

this attempted donation was contingent on this one specific seat

:40:36.:40:39.

being vacated for the Liberal Democrats. But that does not rule

:40:40.:40:45.

out its being part of an inducement to a wider, progressive alliance in

:40:46.:40:49.

which the two parties involved would agree not to contest a number of

:40:50.:40:56.

agreed seats. E-mails are available in which the liberal leader of

:40:57.:41:02.

Kingston, liberal party on Kingston Council, Liz Green, is seeking to

:41:03.:41:06.

reach such arrangements with local Greens. It's note worthy that

:41:07.:41:14.

Caroline Lucas, the Green MP, facing boundary changes, showed an uncommon

:41:15.:41:20.

interest in this matter, my Lord's. I asked the Electoral Commission if

:41:21.:41:25.

they were minded to investigate this attempted donation. They said that,

:41:26.:41:30.

I quote, "corrupt withdrawal from candidacy was a matter not for them

:41:31.:41:35.

but for the police." It was their understanding the matter might have

:41:36.:41:40.

been reported to the police, but a police spokesman, whom I cordially

:41:41.:41:45.

thank and who was perhaps unable to establish the position in the time

:41:46.:41:47.

available said after the inquiries he made that he was unaware of such

:41:48.:41:52.

an investigation. My Lord's, I think there should be an investigation and

:41:53.:41:58.

if no-one else has done so, then I would consider writing to the

:41:59.:42:00.

Metropolitan Police commissioner myself. Section 107 of the

:42:01.:42:08.

representation of the people act reads as follows: Corrupt withdrawal

:42:09.:42:15.

from candidature, "any person who corruptly induces or procures any

:42:16.:42:20.

other person to withdrawal from being a candidate at an election in

:42:21.:42:26.

consideration of any payment or promise of payment, promise of

:42:27.:42:32.

payment, my Lord's, and any person with drawing in pursuance of the

:42:33.:42:38.

producement or procurement shall be guilty of an illegal payment. What

:42:39.:42:43.

is not clear to me from this is if an inducement to a party not to put

:42:44.:42:47.

forward, to a party not to put forward a candidate, which can

:42:48.:42:52.

result, as in this case, in subsequent pressure on act vifrts

:42:53.:42:58.

not to stand, is equally a criminal offence under the act. Of course, in

:42:59.:43:04.

the circumstances in which parties have absolute control of the party

:43:05.:43:08.

badge, rightly so, at elections, if the party does not lend support,

:43:09.:43:13.

no-one who is a Green can stand as a Green using the greern name. Now it

:43:14.:43:19.

should be, in my judgment, a criminal offence to seek to induce a

:43:20.:43:26.

party not to put up a candidate by the offer of money. A police

:43:27.:43:31.

investigation in think case could readily establish the identity of

:43:32.:43:34.

the persons involved, including the would-be offerer of the donation.

:43:35.:43:38.

Something on which the Green Party should come clean. I challenge them

:43:39.:43:43.

to do so, my Lord's. What possible reason can there be for a political

:43:44.:43:49.

party hiding the identity of a would-be donor, to which they have

:43:50.:43:53.

admitted that they themselves is now unethical. They could at stroke

:43:54.:43:58.

could release that information and we might then be better able to

:43:59.:44:03.

establish the real truth behind this murky affair. My Lord's, I submit

:44:04.:44:10.

that section 107 doesn't cover inducements to parties not to permit

:44:11.:44:13.

candidates to go forward in certain seats, it should be revised to do

:44:14.:44:18.

so. I hope some of the other matters raised in this bill will be

:44:19.:44:22.

proceeded with. But I do hope that the two issues I've highlighted

:44:23.:44:24.

today will also be considered. My Lord's, I rise to thank Lord

:44:25.:44:38.

Tyler for raising this bill and declare that I the mareman of the

:44:39.:44:42.

committee on a report in public life. This has a certain family

:44:43.:44:49.

resemblance to the themes of this bill, public funding, 10,000

:44:50.:44:54.

donation cap, in particular. Again, as I have done before in this House,

:44:55.:45:00.

I have to concede that the report of the committee in 2011 from the very

:45:01.:45:05.

beginning did not claim the support of either the Conservative or Labour

:45:06.:45:10.

Party membership of the committee. This does not mean I think that we

:45:11.:45:18.

can then just shelf the report. I certainly think that in one respect

:45:19.:45:24.

in particular the emphasis in that report on the difficulties

:45:25.:45:28.

surrounding the big donor culture in British politics and the moral

:45:29.:45:31.

difficulties are still very much alive. It does mean that I am not

:45:32.:45:38.

here to fetishise any detail of that report. I does mean that I want to

:45:39.:45:43.

defend one of the key ideas, the need for cross-party consensus and

:45:44.:45:47.

I'm here to defend and move this issue forward. I am absolutely

:45:48.:45:51.

certain the issue cannot be left where it now is. I think, as I want

:45:52.:45:55.

to make clear in the course of speech, in a number of important

:45:56.:45:58.

respects, the whole landscape has changed in the last five, six years

:45:59.:46:03.

in respect to these issues. Any reform would have to take into

:46:04.:46:08.

account the ways in which the landscape has actually changed. I am

:46:09.:46:17.

grateful to the elements in the speech where he indicated there were

:46:18.:46:21.

certain elements of perform that he as a Conservative peer would

:46:22.:46:26.

support. I think that could be easily enough the beginning of a

:46:27.:46:30.

discussion between the parties in which there could be a consensus.

:46:31.:46:35.

There is enormous difficulty around this issue but I do want to start by

:46:36.:46:43.

supporting one point from Lord Tyler's speech, that is this: The

:46:44.:46:47.

Prime Minister very effectively, at the beginning of her tenure, as she

:46:48.:46:53.

took office, talked about the issue of public trust. She raised this

:46:54.:47:01.

issue, actually, I'm not now talking about general polling about the

:47:02.:47:04.

Conservative Party's fortunes, which everybody knows of. The Conservative

:47:05.:47:09.

side is quite solid. We've had an historic by-election result, but

:47:10.:47:14.

actually on the trust issue. There was a spike, a sympathetic spike

:47:15.:47:19.

upward in public trust issues in the immediate period of the Prime

:47:20.:47:22.

Minister taking office, upwards, because she talked about trust in

:47:23.:47:26.

politics and she talked about these issues and implied there would be

:47:27.:47:30.

change. I am absolutely certain and I know I say to a Government riding

:47:31.:47:35.

on a crest of a wave of highs opinion polls, the massive

:47:36.:47:39.

distraction of Brexit for Governmental energy. It cannot be

:47:40.:47:44.

left where it is. It cannot be left where expectation is raised that

:47:45.:47:48.

there is going to be some movement in this area and then absolutely

:47:49.:47:54.

nothing happens. There was this positive reaction and it would be

:47:55.:47:59.

very unpleasant for all of us to see this to turn sour in public opinion.

:48:00.:48:04.

Now the matter is very difficult. To put it simply, 80% of the public

:48:05.:48:09.

believe that people only give money to political parties because they

:48:10.:48:13.

want to become peers. 80% of the public believe they will not

:48:14.:48:17.

contribute to the upkeep of political problems. There you have a

:48:18.:48:24.

problem. Even more than the committee post on standards in

:48:25.:48:28.

public life posted last year and this was the work of Dee Goddard,

:48:29.:48:33.

from the University of Kent, whose work I will draw on later in the

:48:34.:48:39.

speech as well, you can see, for example, 90% of members of the

:48:40.:48:43.

public believe that MPs behave in hay way, which is determined in some

:48:44.:48:48.

degree, by party donors, possibly against their conscience. As a

:48:49.:48:51.

matter of fact, I do not believe this to be true at all. I believe

:48:52.:48:55.

the level of trustworthiness, real trustworthiness of a member of

:48:56.:49:01.

Parliament is far higher than some of these jaundiced surveys of trust.

:49:02.:49:07.

But nonetheless, the fact that level of suspicion exists cannot be

:49:08.:49:10.

totally disregarded. There's no magic way forward. Similar polling

:49:11.:49:14.

shows that 42% of the public are not sure they believe in a donation cap.

:49:15.:49:19.

That's quite a large chunk. They certainly are not sure as to what

:49:20.:49:22.

the level of that donation cap should be to political parties. So I

:49:23.:49:27.

am not denying for one minute that it will be easy to resolve these

:49:28.:49:34.

issues. I am not convinced that an all-singing, all-dancing reform

:49:35.:49:37.

would prove to be possible. I am convinced, and I think we have seen

:49:38.:49:42.

some of the elements of Lord Tyler's bill, and in Lord True's speeches,

:49:43.:49:45.

elements where the parties could come together and at least be seen

:49:46.:49:49.

to be responding to public concern on these matters. It is not good

:49:50.:49:54.

enough for the Conservative Party, all the parties actually, to have

:49:55.:50:01.

commitments in their 2010/2015 election manifestos which are widely

:50:02.:50:05.

disregarded. I should say in the name of fairness here, that while

:50:06.:50:10.

there's a pile of dusty and non-committal letters, in the

:50:11.:50:13.

committee of standards office, where weaver asked the leaders of all the

:50:14.:50:16.

parties what are they going to do on this matter and how will they live

:50:17.:50:21.

up to the language in their manifestos, there is also a dusty

:50:22.:50:27.

letter from the Deputy Prime Minister of the last Government,

:50:28.:50:32.

also not really moving the situation forward in any very dramatic way.

:50:33.:50:37.

All three major parties have not really distinguished themselves in

:50:38.:50:43.

their, in their enthusiasm for reform in this particular area. I

:50:44.:50:50.

want to mention a couple of difficulties in Lord Tyler's bill,

:50:51.:50:54.

one of which he's acknowledged and addressed it somewhat in his speech.

:50:55.:50:58.

It doesn't deal with matters in referenda. I think he's right and I

:50:59.:51:03.

think there's a key issue of, he's right in what he said in his speech,

:51:04.:51:08.

there is a key issue of private companies and their declaration of

:51:09.:51:11.

ultimate ownership, when they donate to political parties. This is now a

:51:12.:51:17.

key issue. I think it is likely to surface when the Electoral

:51:18.:51:22.

Commission carries out its projected analysis now of the funding of the

:51:23.:51:28.

referendum campaign. I think that is a gap. The second points that I want

:51:29.:51:33.

to address is the issue of third-party funding. Now here, Lord

:51:34.:51:38.

Tyler's bill slightly steps away from it. To be honest, our own

:51:39.:51:45.

committee report 2011, if I remember rightly, was criticised by the

:51:46.:51:50.

brilliant Oxford political scientist for its neglect of the third party

:51:51.:51:54.

funding issue. We simply said it was an issue and we wanted the electoral

:51:55.:51:58.

comiction to deal with it, but did not vote any real space or analysis

:51:59.:52:03.

in our report. I can understand why there was criticism of that neglect

:52:04.:52:08.

or deficiency. Since then, we have had the report of Lord Hodgson, the

:52:09.:52:14.

independent report on third-party funding. This is important and it

:52:15.:52:21.

came out in March 2016. It hits on something which is very important

:52:22.:52:26.

and reinforces my earlier point, the way in which the actual terrain of

:52:27.:52:32.

party political campaigning is changing so rapidly in this country

:52:33.:52:38.

so that reforms, such as ours, were essentially designed to deal with

:52:39.:52:42.

certain realities of payments for leafletting, the way that parties

:52:43.:52:47.

operated locally, the way that activists behaved locally, which in

:52:48.:52:51.

some ways had not changed all that much since the 1850s. In the last

:52:52.:52:56.

five years, a new world has actually been created. Lord Hodgson's report

:52:57.:53:02.

had the great merit of modernising our thinking on this key subject. In

:53:03.:53:06.

particular, the ambiguous way in which social media transforms the

:53:07.:53:12.

traditional forms of cam ache and -- campaigning. The parties are showing

:53:13.:53:16.

increasing skill in exploitation of social media platforms for targeted

:53:17.:53:21.

advertising using big data and the ability to data mine remains

:53:22.:53:28.

difficult, it's very expensive, expensive procedures and it is which

:53:29.:53:35.

therefore also heightens the significance of the use of private

:53:36.:53:40.

money in our politics. There is a strong sense in the last election,

:53:41.:53:44.

perfectly legitimately, the Conservative Party was well ahead of

:53:45.:53:49.

the game in this respect, certainly as expenditure was well ahead of the

:53:50.:53:52.

game, as against that of the Labour Party. Now that's politics. You're

:53:53.:53:57.

either awake or you're not. I make no protest on that particularly

:53:58.:54:01.

point, but nonetheless, it is something that you have to with

:54:02.:54:05.

thought about and Lord Hodgson, for example, makes a point very strongly

:54:06.:54:10.

in his report that many of these processes involved are likely to

:54:11.:54:14.

take place before actually the regulated campaign begins. So these

:54:15.:54:17.

are things we must at least take account of. We are not carrying out

:54:18.:54:21.

political campaigns in the way we used to. Any reform should try and

:54:22.:54:27.

address this. It's in some ways, as so often with the liberating, in

:54:28.:54:33.

some ways liberating and in other respects ambiguous and potentially

:54:34.:54:36.

disturbing in the way the new procedures might be put. Finally, my

:54:37.:54:46.

Lord's, I want to distress my strong support for the key theme of the

:54:47.:54:50.

bill before us today and that is the need for reform of the situation in

:54:51.:54:53.

Northern Ireland. Obviously, I have a personal interest as I'm from

:54:54.:54:58.

Northern Ireland, but actually my committee has had this interest long

:54:59.:55:01.

before. The committee has been addressing this subject since 2009.

:55:02.:55:05.

It is no longer acceptable to have secrecy as to party donations in

:55:06.:55:11.

Northern Ireland. There may yet be a need for some transitional phase,

:55:12.:55:17.

but nonetheless, the fact that we have had this secrecy is, in fact, a

:55:18.:55:22.

part of the crisis which now grips Northern Irish politics. It's a

:55:23.:55:25.

small part, but not insignificant. Because the point is this: That the

:55:26.:55:31.

public believes that those who benefitted from the renewable

:55:32.:55:36.

heating scandal and the waste -- alleged waste of hundreds of

:55:37.:55:40.

millions of pounds of public money are, in many cases, party donors.

:55:41.:55:44.

Now this may not be true, my neighbours all believe it to be

:55:45.:55:50.

true. It may be entirely unfair. But what is a complicated and poisonous

:55:51.:55:52.

factor in the recent election, there's no doubt in my mind it was a

:55:53.:55:58.

complicated factor. May I make this point, my Lord's, we often wonder in

:55:59.:56:03.

this country about transparency. It is perfectly true to say as I look

:56:04.:56:08.

through The Minutes, before my time, that back over 20 years, that there

:56:09.:56:15.

is an illusion on behalf of my very distinguished predecessors about

:56:16.:56:17.

transparency. They actually believed for sure if only we achieved more

:56:18.:56:22.

transparency in this or that area of British public life there would be

:56:23.:56:26.

an increase in public trustment -- trust. In many respects this has not

:56:27.:56:30.

happened. That is an illusion. But it is also the case and it is very

:56:31.:56:34.

clear from the recent scandal in Northern Ireland, that the absence

:56:35.:56:39.

of transparency makes things worse, so transparency is not the cure-all.

:56:40.:56:50.

So I want to make that point and perhaps also in fairness Lord Tyler

:56:51.:56:56.

mentioned the issue of the Democratic Unionist Party. Good I

:56:57.:57:00.

explain this business of funding. It was an option for the Conservative

:57:01.:57:06.

Party, this idea that money would go to Northern Ireland. There is no

:57:07.:57:10.

suggestion that the Conservative Party Northern Ireland has ever used

:57:11.:57:13.

that route which technically could have done, and indeed the Labour

:57:14.:57:21.

Party which while it doesn't stand candidates in Northern Ireland has

:57:22.:57:26.

members who are allowed to vote for the Labour leadership for example.

:57:27.:57:32.

There has never been a suggestion and I'm confident it hasn't happened

:57:33.:57:34.

that either of the main parties could have exploited the route that

:57:35.:57:38.

is now complained about in the press have actually done so. By the way

:57:39.:57:43.

another indication of the point I'm trying to make that often levels of

:57:44.:57:48.

trustworthiness are actually higher than the public believes it to be.

:57:49.:57:54.

In mainstream British politics. Because technically anyone who sees

:57:55.:57:58.

this can say, how could this be legal? Once you have donations to a

:57:59.:58:05.

political party, how is it, it will make it very uncomfortable, but

:58:06.:58:09.

where is the illegality involved because we have already got secrecy

:58:10.:58:15.

of donations in Northern Ireland. What is the illegality involved.

:58:16.:58:18.

Written about critically in the press. I dead quite see the

:58:19.:58:24.

illegality. Just to complete this point, it is not just the DUP Houari

:58:25.:58:28.

problem here because current Northern Ireland electoral law

:58:29.:58:38.

favours Sin Fein also, in that we do not accept foreign donations for

:58:39.:58:42.

political parties and because we are linked in to the capacious

:58:43.:58:45.

definition that the Irish Gutman has as to what is to be an Irish

:58:46.:58:50.

citizen, Irish citizens are allowed to donate and it is perfectly

:58:51.:58:55.

possible that a chap in Chicago who has never been in Highland in his

:58:56.:58:59.

life could also be donating to one of the critical parties. It is

:59:00.:59:06.

another political principle that is flouted by the current legislation,

:59:07.:59:10.

the opposition to foreign donations. Let me say supposing the last

:59:11.:59:13.

government, Sinn Fein had taken their seats and suppose they had, it

:59:14.:59:21.

had been right towards a Labour government, we could have a Prime

:59:22.:59:24.

Minister elected in this country in Parliament on the basis of a totally

:59:25.:59:30.

different franchise in terms of the expenditure limits and context in

:59:31.:59:33.

which they were working under. So there is, and by the way, you will

:59:34.:59:38.

say to me that Sinn Fein don't currently take their seats but one

:59:39.:59:43.

of the last public statements of Martin McGuinness was to suggest

:59:44.:59:47.

that perhaps, Brexit was such a bad thing that it might be necessary for

:59:48.:59:50.

them to revise their policy in this Parliament. I know the government

:59:51.:59:56.

has this to paper out and there is a hint that the government itself is

:59:57.:00:02.

looking for change in this area, I would be very comforted if the noble

:00:03.:00:07.

Lord was able to say what the state of the government's thinking is on

:00:08.:00:13.

this matter, of party funding in Northern Ireland? May join other

:00:14.:00:19.

noble Lords in congratulating my noble friend on introducing this

:00:20.:00:24.

very comprehensive bill. And hopefully it will push forward the

:00:25.:00:29.

debates that we have had, in this chamber and elsewhere, on this very

:00:30.:00:33.

important topic. I was also a member of the select committee on the trade

:00:34.:00:38.

union funding of political parties. The reason for my interest in this

:00:39.:00:43.

is that I spent, the years in the running up to the last election as

:00:44.:00:47.

the treasure of the Liberal Democrats, raising over ?20 million

:00:48.:00:53.

in the run-up and during that election campaign so I have got some

:00:54.:00:57.

first-hand experience not only in the business world but also in

:00:58.:01:05.

raising funds for political parties. And before I go on to comment on the

:01:06.:01:11.

bill, and the current state of the debate on this matter, I want to

:01:12.:01:17.

just respond to Lord Troon. The noble Lord, went through a whole

:01:18.:01:24.

series of instances and all I would say to him about the Brown case and

:01:25.:01:29.

others like him, and this refers to all parties. If this bill was on the

:01:30.:01:32.

statute book anything like it none of those things would have happened.

:01:33.:01:39.

That brings me, to what I think is the most important feature of this

:01:40.:01:44.

bill. Before doing that I would say, again to the noble lord. I spent

:01:45.:01:48.

last night with Sarah Olney and the leader of the Liberal Democrats in

:01:49.:01:54.

Richmond and party members there, and in response to is comments about

:01:55.:01:58.

the Richmond local authority, we will see at the ballot box next May,

:01:59.:02:06.

and respond in that way. I think the most important feature of this bill,

:02:07.:02:10.

the noble Lord has raised some very important issues as well. But the

:02:11.:02:14.

most important feature of this bill, he is, the reform of contributions.

:02:15.:02:26.

And on bringing down the scale of contributions. On introducing a cap,

:02:27.:02:30.

so that the abuses that have taken place in the past, can be avoided,

:02:31.:02:36.

and that some trust in politicians can be hopefully improved. Now I

:02:37.:02:46.

don't frankly expect that will happen soon because I think the

:02:47.:02:50.

party opposite would be adamantly opposed to any such reform taking

:02:51.:02:56.

place. Because they clearly have a massive advantage from major donors

:02:57.:02:59.

in the funding of the Conservative Party and have had for many years.

:03:00.:03:06.

And therefore I am not optimistic that the change will take place

:03:07.:03:10.

until another government comes into office and changes it. The present

:03:11.:03:14.

government needs to remember, that while it may be riding high at the

:03:15.:03:18.

moment, governments do change and will change and circumstances may

:03:19.:03:24.

well lead to the change that they don't want to see happening taking

:03:25.:03:28.

place sometime in the future. The Labour Party has made major reforms

:03:29.:03:35.

and I must say very welcome reforms following the Collins review. Of

:03:36.:03:42.

political funding by the trade unions and the Labour Party. I think

:03:43.:03:45.

the changes that have taken place have moved us in the right direction

:03:46.:03:51.

towards individual donations. Which should enable, in a rational world,

:03:52.:03:57.

the major parties to come to some agreement on how we move ahead in

:03:58.:04:00.

the future. One of the other consequences of abolishing all of

:04:01.:04:08.

putting a cap, on major payments, is that it would make parties do what I

:04:09.:04:13.

think would be very good for our democracy, which President Obama

:04:14.:04:18.

demonstrated, in his fund-raising activities for his campaigns. And

:04:19.:04:24.

that is, it would make the parties, I been in the position of having to

:04:25.:04:29.

do this, go out to the electorate and raise funds, small donations,

:04:30.:04:34.

from many, many people. That's very good for the health of the democracy

:04:35.:04:37.

and for the health of the parties that we should be forced into the

:04:38.:04:42.

position of having to go to thousands on thousands of people. If

:04:43.:04:46.

you have got a cap of ?10,000 you would have to do that, that would be

:04:47.:04:49.

a very good thing in our political life. And would make parties have

:04:50.:04:58.

two respond to a cap or that sort. The noble Lord mentioned the changes

:04:59.:05:04.

in can political campaigning. They dovetail in. I agree with him, the

:05:05.:05:11.

speed with which campaigning methods are now progressing, does mean that

:05:12.:05:21.

it all needs to be reviewed. And that changing using the social media

:05:22.:05:26.

in particular enables us to raise funds from a very substantial number

:05:27.:05:29.

of people and we seal sorts of examples day by day of this

:05:30.:05:32.

happening in crowdfunding of all sorts of very good causes, peeping

:05:33.:05:38.

crisis. Companies. It is a whole new scene and there is no reason why,

:05:39.:05:43.

and it has happened to some extent, the political parties couldn't do

:05:44.:05:47.

the same thing. Extend their reach and get over this whole burden of

:05:48.:05:51.

major donations being made to parties. So I think that is the

:05:52.:05:58.

biggest necessary reform. But I'm afraid as I say that I don't

:05:59.:06:08.

expected to be happening soon. But I do think there are some things, and

:06:09.:06:12.

a number of them have been mentioned in the debate, that could be

:06:13.:06:16.

usefully discussed in discussions between the major parties. When the

:06:17.:06:23.

coalition was in office. The Deputy Prime Minister called for all-party

:06:24.:06:30.

talks, and unfortunately although the Labour Party responded by

:06:31.:06:35.

nominating a cabinet, a Shadow Cabinet minister and their general

:06:36.:06:38.

secretary to take part in those, the Liberal Democrats did the same, the

:06:39.:06:41.

Conservative Party didn't respond at all despite being partners in

:06:42.:06:44.

government. It wasn't until the Peter Cruddas affair, hit the Sunday

:06:45.:06:50.

Times, that the Conservative Party decided it should do something about

:06:51.:06:53.

it and I think the Prime Minister spoke to the Deputy Prime Minister

:06:54.:06:57.

when he learned that exposure was going to be made, in the Sunday

:06:58.:07:02.

Times and suggested that they would give names to him for the all-party

:07:03.:07:05.

talks to take place and sure enough this was used as a cover for the

:07:06.:07:10.

Peter Cruddas coverage that took place at that time. A very cynical

:07:11.:07:17.

way in which to handle it and of course, no progress was really made

:07:18.:07:19.

in those talks because the Conservative Party wasn't interested

:07:20.:07:25.

in making progress on any of the major matters that were discussed.

:07:26.:07:32.

And, I think the abuses which had been taken place and which are being

:07:33.:07:35.

investigated at the moment demonstrate the need for those talks

:07:36.:07:40.

to take place as soon as possible. My noble friend referred to the

:07:41.:07:45.

investigations that the police and the electoral commission are

:07:46.:07:49.

carrying out at the moment. In 1979, I had a case that went to the hype

:07:50.:07:56.

court over my election expenses, to assess to the High Court. By greed

:07:57.:08:00.

is quite unacceptable that these investigations have been going on

:08:01.:08:06.

for almost two years now. And the members of Parliament concerned have

:08:07.:08:09.

no certainty of their future in Parliament because it could be that

:08:10.:08:13.

if the police find a case against them, that those Conservative

:08:14.:08:19.

members, that are being investigated the abuses found, they could lose

:08:20.:08:23.

their seats. I think that is an impossible position for them to be

:08:24.:08:27.

in, guilty or not guilty. The matter should be resolved quickly. But we

:08:28.:08:37.

said in the select committee report as my noble friend said, talks

:08:38.:08:43.

should take place. The government had been extremely reluctant as

:08:44.:08:48.

demonstrated by the ministers, the time that it is the ministers to

:08:49.:08:51.

respond to the select committee report. There are some useful things

:08:52.:08:58.

that could be discussed. And I urge the noble Lord minister, to respond

:08:59.:09:05.

positively to this. There are changes, some of these have been

:09:06.:09:10.

mentioned already in the debate. But there are changes possibly in the

:09:11.:09:12.

tax treatment of political donations. Changes in methods of

:09:13.:09:21.

fundraising, that I think be considered in joint talks. Also the

:09:22.:09:26.

distribution of the existing funding of parties, because it is a bit of a

:09:27.:09:32.

myth, that there is no state funding of the parties at the present time.

:09:33.:09:36.

There is an enormous state funding of the critical parties, whether it

:09:37.:09:40.

is through support for research assistants, in Parliament, whether

:09:41.:09:45.

it is through the freepost mechanism. There is an enormous

:09:46.:09:50.

amount of money and it may be, that could be looked at and a more

:09:51.:09:58.

equitable system worked out. So I hope that the Minister will respond

:09:59.:10:02.

to this debate today by saying that the government will initiate talks

:10:03.:10:07.

between the critical parties. -- political parties.

:10:08.:10:11.

I hope the minister will respond well to this debate by initiating

:10:12.:10:20.

talks in his closing speech. My Lord's, as others have said, Lord

:10:21.:10:25.

Tyler is to be commented by bringing this bill and this issue before the

:10:26.:10:33.

House. His persistence and resilience in this matter against

:10:34.:10:39.

quite severe odds. I do think this House is a good place to be

:10:40.:10:42.

discussed in the first place, without the overall majority of any

:10:43.:10:46.

particular party, we can discuss the issues. At the end of the day,

:10:47.:10:49.

whilst I do have aspects of this bill which I would like to commend

:10:50.:10:53.

and others which I somewhat disagree with, I think the main point of this

:10:54.:11:00.

debate is to see how the minister responds, because there is a grave

:11:01.:11:04.

responsibility in the party of Government to take the initiative in

:11:05.:11:10.

this respect. I'm therefore greatly looking forward to the response by

:11:11.:11:14.

the noble Lord, Lord Young, in a few minutes' time. My Lord's, like Lord

:11:15.:11:22.

Tyler I served on the Select Committee set up in the course of

:11:23.:11:30.

the trade union bill. Since others have not eschewed partisan comments,

:11:31.:11:34.

I would say the reason that was set up was in response to a rather

:11:35.:11:38.

blatant move by the Conservative Government to attempt to bankrupt

:11:39.:11:42.

the largest party of Opposition, a move which would largely be

:11:43.:11:48.

condemned if we were talking about a banana republic reporting to be a

:11:49.:11:52.

proper democracy. But, my Lord's, that party's own move was part of a

:11:53.:11:58.

pattern, but it was probably the most blatant of them. Over the

:11:59.:12:02.

years, Governments of different parties, Labour and Conservative, at

:12:03.:12:08.

least, have made minor moves to try and restrict the amount of money

:12:09.:12:14.

available to their main Opposition. The trade union bill, the trade

:12:15.:12:20.

union act as it is now, was a very major such move, but in all

:12:21.:12:25.

contexts, governments have attempted to restrict resources available to

:12:26.:12:30.

their opponents. My Lord's, the point of the Select Committee

:12:31.:12:38.

report,ence dorsed by this House was that we ought to be making another

:12:39.:12:45.

effort to reach consensus on a proportionate way forward, which

:12:46.:12:49.

does not impose huge burdens on the taxpayer or on the law, but which

:12:50.:12:53.

all parties and all commentators could see as far as comprehensive.

:12:54.:13:04.

My Lord's, the Conservative Party manifesto to which Lord Tyler has

:13:05.:13:09.

already made reference not only included a rather vaguely worded

:13:10.:13:12.

commitment to do something about trade union political funds, but it

:13:13.:13:16.

also did commit a future Conservative Government to do

:13:17.:13:20.

exactly what we are asking for, to set up a new initiative to look at

:13:21.:13:27.

party funding as a whole. I think it's fair to say that all members of

:13:28.:13:34.

that Select Committee were appalled at the complete indifference of

:13:35.:13:36.

Government ministers who came to that committee in terms of their own

:13:37.:13:41.

responsibilities, which they effectively put back to the

:13:42.:13:47.

individual parties. My Lord's, that applied to the Conservative members

:13:48.:13:50.

as much to the Labour and Liberal Democrat and independent members of

:13:51.:13:57.

that committee. The reply to which Lord Tyler has referred to, which we

:13:58.:14:00.

eventually got, does not take us any further. My Lord's, I suppose I

:14:01.:14:03.

should have declared an interest at the beginning or at least a past

:14:04.:14:09.

interest. I was for many years administer of a political fund of my

:14:10.:14:15.

union and I was the grateful recipient of the trade union

:14:16.:14:21.

political funds as General Secretary of the party. It is well known and

:14:22.:14:24.

straightforward that the party has been pretty dependent on those

:14:25.:14:27.

funds. I have always recognised that the way in which those funds are

:14:28.:14:33.

raised and pats s passed to the party -- and passed to the party has

:14:34.:14:37.

always been controversial and has reflected public concern that. Was

:14:38.:14:41.

referred to in the report of the Committee on Standards in Public

:14:42.:14:44.

Life. It has been referred to also earlier today. This is the issue of

:14:45.:14:49.

opting out or opting in to the political funds and opting out or

:14:50.:14:54.

opting in to donations to political parties. My Lord's, for many years I

:14:55.:15:01.

have strongly defended the opting out provisions, but I do recognise

:15:02.:15:08.

the pressure there. It does seem to me that the Labour Party has since

:15:09.:15:14.

that Chris Kelly report, moved somewhat in the direction that

:15:15.:15:19.

report was suggesting. Being an old cynic and an old negotiator, I

:15:20.:15:25.

wasn't too keen on the move that we followed, my noble friend Lord

:15:26.:15:29.

Collins report, not on principle, not the rights and wrongs of it. But

:15:30.:15:34.

I thought the Labour Party was giving away one of the cards it

:15:35.:15:39.

ought to be playing when multiparty negotiations started, which I hoped

:15:40.:15:44.

at that time would be fairly soon. My Lord's, I'm not entirely in

:15:45.:15:48.

favour ever what we have done, but the fact is we have made a move.

:15:49.:15:52.

There has been no reciprocal move from the other parties, in

:15:53.:15:57.

particular from the Conservative Party, who have the Government, have

:15:58.:16:01.

the responsibility in Government. So we have a situation now, we're

:16:02.:16:05.

following the reforms under Ed Miliband on the basis of my noble

:16:06.:16:12.

friend's report. The Labour Party, trade unions, face a double opt in.

:16:13.:16:16.

You opt into the political fund and opt in to pay an affiliation fee to

:16:17.:16:21.

the Labour Party. My Lord's, no other source of funds and no other

:16:22.:16:25.

political party places those same barriers. I have had occasion to

:16:26.:16:32.

refer to this before. In the five years up to when we committed our

:16:33.:16:40.

report under the trade union bill proceedings, ?64 million was donated

:16:41.:16:44.

by trade unions to political parties, almost all of it to the

:16:45.:16:49.

Labour Party. However, another 80 million was donated by other

:16:50.:16:53.

organisations, over 80 million. The vast majority of which went to the

:16:54.:16:58.

Conservative Party. My Lord's, whereas trade unions have to have a

:16:59.:17:02.

separate political fund, had to provide for their members to opt out

:17:03.:17:06.

of that political fund, and now have to opt in to the political fund, and

:17:07.:17:12.

have to have a periodic renewal of that political fund, the other

:17:13.:17:15.

organisations have no such restrictions. We are therefore

:17:16.:17:22.

faced, in terms of the organisational - legal organisations

:17:23.:17:25.

contribution to our political process, with a very lop sided

:17:26.:17:32.

system. My Lord, the provisions of this bill refer to membership

:17:33.:17:36.

organisations, by which I hope they mean not only trade unions but also

:17:37.:17:43.

corporate entities, partnerships and others who have made donations to

:17:44.:17:47.

political parties in the past and continue to do so. It will involve

:17:48.:17:53.

the Co-operative organisations and friendly societies and there will be

:17:54.:17:56.

particular problems for the cooperate party, which need to be

:17:57.:17:59.

taken on board during the process here. But my Lord's, if all

:18:00.:18:09.

organisations faced the same hurdles, and the same need to ensure

:18:10.:18:13.

that their members took a positive decision to pay money to a political

:18:14.:18:19.

party, then the public's anxiety and the public's suspicion of where that

:18:20.:18:23.

money is going to and what strings are attached to it would be

:18:24.:18:29.

significantly relieved. My Lord's, I have a number of particular issues

:18:30.:18:33.

in relation to this bill, which I would return to in detail were it to

:18:34.:18:39.

proceed further, after today. I do agree with noble Lord Bew and others

:18:40.:18:44.

who have referred to the need to update the provisions of our

:18:45.:18:50.

political fund regulations, in particular into areas of third

:18:51.:18:56.

parties or front organisations and in particular to the importance of

:18:57.:19:00.

social media as a means of communicating messages, which can

:19:01.:19:05.

frequently clearly be targeted to particular constituencies and

:19:06.:19:07.

particular groups of people. We need to catch up with that. It is clear

:19:08.:19:13.

if the main purpose of this bill, which is to limit donations, the

:19:14.:19:20.

level of donations, is to cubing seed, it has to be accompanied by

:19:21.:19:25.

other provisions and clearly limits on spending, at a local and national

:19:26.:19:39.

level, limits on the way in which organisations can channel their

:19:40.:19:42.

money and most controversially of all, it has to be accompanied by a

:19:43.:19:46.

degree of state funding in order that political parties can actually

:19:47.:19:54.

flourish. My Lord's, I know that is not particularly important priority

:19:55.:20:01.

in terms of a difficult fiscal situation, but nevertheless, I think

:20:02.:20:06.

if the case were made that state funding is part of the solution and

:20:07.:20:11.

were the solutions which Lord Tyler, in a different context, has put

:20:12.:20:15.

forward in redistributing what currently exists in terms of state

:20:16.:20:18.

funding in a more meaningful way, so that actually the net result was

:20:19.:20:23.

relatively small, then they would accept it. My Lord's, what is really

:20:24.:20:30.

key today is whatever our own views and the number of different views

:20:31.:20:35.

have been expressed as to what this bill ought to cover, whatever our

:20:36.:20:40.

individual views, the key issue today is whether the Government, in

:20:41.:20:44.

the person of Lord Young, can commit itself to taking the initiative to

:20:45.:20:50.

get and review a new start at looking on a consensual basis as

:20:51.:20:58.

possible, the need to produce a comprehensive package, which will

:20:59.:21:01.

put political funding on a fairer basis. We shouldn't kid ourselves,

:21:02.:21:08.

my Lord's, when Sir Chris Kelly produced his report he referred to

:21:09.:21:10.

the deep concern amongst the public. We have seen in recent days that

:21:11.:21:16.

concern about interference of vested interests in our politics through

:21:17.:21:20.

monetary proceedings, not all of which are as transparent as they

:21:21.:21:25.

should be, but as Lord Bew said, transparency is key, but it's not

:21:26.:21:32.

enough. I hope that the debate today will provoke the minister to make a

:21:33.:21:37.

more positive response than his predecessors on this issue have and

:21:38.:21:41.

to trigger a whole new start in looking at this issue so that we can

:21:42.:21:48.

begin to put public trust back into the issue of funding of political

:21:49.:21:52.

parties. My Lord's, I too congratulate my

:21:53.:21:57.

noble friend, Lord aler, and all those involved in bringing forward

:21:58.:22:00.

this bill. It is 17 years this month, since I led for my party on

:22:01.:22:05.

the House's deliberations on the political parties elections and

:22:06.:22:11.

Referendum Act of 2000, generally known now as Pipira. There were

:22:12.:22:17.

hopes in those debates that its provisions for transparency

:22:18.:22:21.

concerning donations to parties and a maximum cap on the party's

:22:22.:22:25.

national spending would clean up the reputation of party funding. It was

:22:26.:22:28.

believed in those debates that it could help to restore the principles

:22:29.:22:33.

of a level playing field in politics as first set out in the corrupt and

:22:34.:22:40.

illegal practices prevention act of 1883, which first standardised the

:22:41.:22:44.

amount that could be spent on constituency election spenss. --

:22:45.:22:49.

expenses. Gladstone's Government introduced that bill in order to

:22:50.:22:53.

prevent thousands of pounds counting for more than thousands of votes in

:22:54.:22:59.

individual constituencies. But my Lord's, that principle has now been

:23:00.:23:04.

almost completely eroded. The aims of the legislation in 2000 have

:23:05.:23:09.

clearly not been met. Politics is not seen to be cleaner and the

:23:10.:23:14.

effect of the more recent legislation has been to completely

:23:15.:23:20.

undermine the principle of the 1883 legislation, which for over 100

:23:21.:23:25.

years, did much to prevent parties purchasing constituencies as a

:23:26.:23:31.

result of superior spending power. The legislation suffered, I think,

:23:32.:23:35.

from the absence of pre-legislative scrutiny. It was then subject to

:23:36.:23:40.

very little scrutiny in the House of Commons. When we considered it in

:23:41.:23:46.

this place, it was subject to over 500 Government amendments, whilst

:23:47.:23:49.

other amendments, which would have helped to avoid many of the

:23:50.:23:54.

problems, were not accepted. We missed the chance then to impose a

:23:55.:24:02.

cap on donations. The effective introducing national spending

:24:03.:24:05.

limits, permitting supposedly national spending to be targeted at

:24:06.:24:14.

individual constituencies, drove the proverbial coach and horses through

:24:15.:24:17.

the level playing field in constituency elections. Some of the

:24:18.:24:22.

resulting problems, as identified recently, by the excellent

:24:23.:24:25.

investigative journalist, Michael Crick, may shortly be tested in the

:24:26.:24:30.

courts. But the only defence that I can see to many allegations that

:24:31.:24:34.

have been made is that the legislation is said to be ambiguous.

:24:35.:24:40.

That, my Lord's, is why we really do need greater clarity in legislation

:24:41.:24:45.

and a commitment to re-establishing a more level playing field in

:24:46.:24:49.

British politics, as provided for in this bill.

:24:50.:24:54.

It is now clear that the very high limits on ostensibly national

:24:55.:25:01.

campaigns and which I argued 17 years ago should have been lower,

:25:02.:25:07.

are being abused. By spending superior resources in individual

:25:08.:25:12.

targeted constituencies. The idea that any letter sent to a voter by a

:25:13.:25:17.

political party is not in some way designed to promote that party's

:25:18.:25:22.

electoral success in a car specific constituency within voter limits

:25:23.:25:30.

defies basic common-sense. The failings of the legislation were

:25:31.:25:34.

largely addressed in my view by the excellent report of the committee on

:25:35.:25:39.

standards in Public life in 2011. The committee's report provided the

:25:40.:25:44.

only possible route through which the coalition government could have

:25:45.:25:48.

fulfilled the agreement on which it was based, to take the big-money out

:25:49.:25:55.

of politics. But the vetoing of any increase, however modest, in

:25:56.:25:59.

existing state funding for parties, prevented the possibility of

:26:00.:26:04.

agreement of a cap on donations as was proposed for the reform at that

:26:05.:26:10.

time of trade union funding. My Lords, in evidence to the committee

:26:11.:26:16.

on standards of public life in 1994, I drop my own party's then policy on

:26:17.:26:23.

party finance. That ash I troop up. This was firstly to cap individual

:26:24.:26:28.

donations initially at ?50,000 a year from any individual or

:26:29.:26:32.

organisation. As my friend Lord Wrigglesworth has said, this would

:26:33.:26:37.

have avoided embarrassing it to all parties that has happened

:26:38.:26:41.

subsequently. Secondly, my proposals were to prevent trade unions

:26:42.:26:44.

effectively spending the members money without them properly choosing

:26:45.:26:51.

to contribute to a party. And thirdly, to enable parties to

:26:52.:26:55.

campaign with a limited increase in state funding, which presently

:26:56.:26:59.

provides for things like distribution of election

:27:00.:27:02.

communications in Parliamentary elections as well as research and

:27:03.:27:05.

communication support to parties in parliament. In our debates in 2000,

:27:06.:27:11.

I also argued for more realistic expenditure levels as the

:27:12.:27:17.

constituency level, and lower limits on national expenditure by the

:27:18.:27:23.

parties. This bill today takes those principles forward, and it sets out

:27:24.:27:28.

carefully considered and balanced proposals which also update their

:27:29.:27:31.

excellent work by the committee on standards in public life early in

:27:32.:27:39.

the last parliament. The reason why we needed to address these issues

:27:40.:27:43.

became more apparent not just in the 2015 general election, but also in

:27:44.:27:48.

last year 's referendum campaign. As my noble friend Lord Tyler referred

:27:49.:27:53.

to, there was effective laundry of political donations during the

:27:54.:27:57.

recent EU referendum by the way of the Northern Ireland Democratic

:27:58.:28:01.

Unionist Party, spending in parts of Great Britain where it does not

:28:02.:28:07.

itself campaign. Parliament made special provision for Northern

:28:08.:28:10.

Ireland in 2000, for reasons referred to by the noble Lord Lord

:28:11.:28:15.

Pugh. But we then did not foresee this abuse spending rules in a

:28:16.:28:20.

referendum. And it must soon be time to bring Northern Ireland into line

:28:21.:28:25.

with rules that apply in Great Britain, and the Republic of

:28:26.:28:31.

Ireland. Finally, I want to turn to the government's response to the

:28:32.:28:34.

select committee on trade union to tickle funds and political party

:28:35.:28:39.

funding. It was right as Lord Tyler said for the committee to remind the

:28:40.:28:43.

Conservative Party. Their manifesto commitment to seek agreement on a

:28:44.:28:47.

comprehensive package of party funding reform. And to call for the

:28:48.:28:54.

renewal of cross-party talks. The government response which he quoted,

:28:55.:28:59.

tries to kill off progress in those talks, for they have even begun, by

:29:00.:29:03.

pretending, that an increase in funding to political parties is

:29:04.:29:09.

impossible to achieve without increasing the overall burden on the

:29:10.:29:15.

taxpayer. My Lords, I would never suggest, the very limited spending

:29:16.:29:19.

on democratic engagement by political parties could ever be at

:29:20.:29:23.

the expense of funding of things like schools and hospitals. Or any

:29:24.:29:28.

kind of tax interest. I would suggest instead, that we look to cut

:29:29.:29:33.

the cost of government politicking through government advertising.

:29:34.:29:38.

Label Lord the minister recently disclosed in an answer to a written

:29:39.:29:41.

question from me that the government currently spending well over ?100

:29:42.:29:47.

million in year on its own advertising. This includes for

:29:48.:29:53.

example, almost ?700,000 on promoting its policy, of a tax break

:29:54.:29:59.

for married couples. Many such campaigns my Lords seem to be more

:30:00.:30:03.

based on promotion of Conservative Party policy, and public interest.

:30:04.:30:09.

The government response to the select committee says that the cost

:30:10.:30:13.

of the committee on standards of public life proposals, would be

:30:14.:30:19.

almost 20,000,000,000-a-year at 2010 prices. But much of this my Lords

:30:20.:30:23.

could be found by reallocating existing party spending. Provided by

:30:24.:30:29.

the government. The bill before us makes provision to reduce spending

:30:30.:30:37.

in other areas by ending the policy development grants and by

:30:38.:30:43.

amalgamating the cost of delivery, freepost election mailings, please

:30:44.:30:46.

can indication is in the present system are sent by individual

:30:47.:30:50.

candidates at a cost to the taxpayers in the 2010 general

:30:51.:30:56.

election of some ?28 million. This communication in my view could be

:30:57.:31:02.

more cheaply combined into a single bucket, as I first successfully

:31:03.:31:05.

proposed for the mayoral elections back in 2000. And it has been

:31:06.:31:12.

adopted successfully in mayoral elections ever since. The

:31:13.:31:16.

combinations of the savings and production in the government

:31:17.:31:20.

advertising budget could cover a modest investment in clean up

:31:21.:31:24.

politics that was proposed by the committee on standards in Public

:31:25.:31:28.

life in 2011. Politics would be much better, were each citizen Roger but

:31:29.:31:34.

very modestly to the costs of democracy. This would be a return to

:31:35.:31:40.

a ban on the selling of influence and access which takes place at the

:31:41.:31:44.

moment as the parties need to fundraiser for the cost of their

:31:45.:31:49.

election campaigns. Of course, in response to these proposals, there

:31:50.:31:54.

will be some anger, distortion and misinformation in elements of the

:31:55.:31:57.

press. Which would prefer to protect its own power to present issues to

:31:58.:32:03.

the public in its own way, as opposed to letting parties and

:32:04.:32:08.

candidates to mutate directly. And without all their views being

:32:09.:32:13.

filtered by the media. It is time my Lords, to make progress on these

:32:14.:32:17.

issues and the bill before us shows how this can be done. My Lords must

:32:18.:32:28.

declare an interest, I was treasurer of the better together campaign. In

:32:29.:32:30.

Scotland during the recent referendum. I would just like to

:32:31.:32:36.

point out that every single party I can think of, has been, suffered if

:32:37.:32:44.

you like the Liberal Democrats, Tories DBP Sinn Fein everyone except

:32:45.:32:48.

for the Scottish Nationalists. If we are talking about caps on

:32:49.:32:57.

expenditure, one and a half million was raised by the Scottish

:32:58.:32:59.

Nationalists, the yes campaign come of that one and a half million, 1

:33:00.:33:05.

million came from a single couple. Said two thirds of the total

:33:06.:33:09.

contribution for whole campaign, which was a very important

:33:10.:33:11.

constitutional issue came from two people. The only point I'm making is

:33:12.:33:18.

that if we are talking about caps onto nations I believe it should

:33:19.:33:23.

certainly apply to referenda as much as elections.

:33:24.:33:34.

My Lords firstly I congratulate my noble Lord Lord Tyler for securing

:33:35.:33:38.

the second reading of his private members bill today. They being so

:33:39.:33:47.

late in the session, I suspect he will make no further progress, which

:33:48.:33:52.

is a matter of regret and one that I repeatedly brought to the attention

:33:53.:33:57.

of the government to look at the procedures that enable the grand

:33:58.:34:01.

committee to be used for some committee stage or private members

:34:02.:34:06.

bills for progress to be made quicker. To move on from the snail

:34:07.:34:10.

's pace that we often move for private members legislation. Much of

:34:11.:34:17.

those bills are sensible, and we will benefit if they reach the

:34:18.:34:20.

statute book. The noble Lord stresses a number of issues that

:34:21.:34:23.

have been on the table for quite some time. These are important

:34:24.:34:32.

issues that would be beneficial. I do not necessarily agree with all of

:34:33.:34:36.

the clauses of the bill while it is moving in the right direction and

:34:37.:34:39.

the noble Lord made an important point in respect of the issues

:34:40.:34:44.

regarding referenda. And I was pleased, that they brought the SNP

:34:45.:34:48.

and, all parties have had their issues fared in terms of this debate

:34:49.:34:54.

today. I'm sure that the noble Lord is going to say that the government

:34:55.:34:59.

can't impose consensus on the political parties. But they are open

:35:00.:35:04.

to debate and dialogue. Well that is fine as far as it goes. But it could

:35:05.:35:10.

equally, the government is drawn from a political party, so they have

:35:11.:35:12.

more interest in this matter than that statement would imply. I threw

:35:13.:35:17.

much agree with the noble Lord that the party should get around the

:35:18.:35:20.

table to seek agreement on all of these matters. Prior to the election

:35:21.:35:25.

of the Labour government in 1997, there was in effect no legislation,

:35:26.:35:34.

in respect of political parties, and national campaign expenditure. The

:35:35.:35:37.

Labour government asked on the political standards of public life

:35:38.:35:41.

what got out of that. It came out as the critical parties and referenda

:35:42.:35:49.

Max. Are the legislation, including loans to political parties, postal

:35:50.:35:54.

voting and individual electoral legislation over the period of the

:35:55.:35:58.

government 's term of office. Seeking agreement among the parties

:35:59.:36:02.

was and should be a high priority and for me that is the way to

:36:03.:36:07.

proceed. Since then, that hasn't always been the case. The only have

:36:08.:36:12.

to look at the decisions to speed up after 2010, the reduction in the

:36:13.:36:16.

number of Parliamentary seats by 50, the curtailing of the boundary

:36:17.:36:19.

review and Parliamentary process while at the same time increasing

:36:20.:36:23.

the number of members at this house either previous Prime Minister by

:36:24.:36:27.

numbers in comparison to number of appointments by his predecessors

:36:28.:36:31.

made the day either Labour or Conservative prime ministers, raised

:36:32.:36:38.

a few eyebrows to say the least. The noble Lord is rightfully speaking

:36:39.:36:42.

about the need for action, to do with the funding of political

:36:43.:36:44.

parties and the noble Lord Lord Granada made similar points. I think

:36:45.:36:51.

it is important that any changes that take place to not unfairly

:36:52.:36:55.

penalised or give advantage to any political party. My own party, the

:36:56.:37:03.

Labour Party, its histories from the Tribune movement. It was formed on

:37:04.:37:08.

the 27th of every 1900 in Farringdon Road and elected its first 's Labour

:37:09.:37:16.

MPs that same year. Kia Hardy and the other person's name went into

:37:17.:37:22.

history, Richard Bell, elected for Derby and there has been a member in

:37:23.:37:28.

Derby ever since. But the first candidate was in 1870 when somebody

:37:29.:37:32.

stood as the Liberal Labour candidate in the Southwark

:37:33.:37:37.

by-election. He was described as an "English radical agitator of humble

:37:38.:37:45.

origins". I would have liked to have met him. It should start from as

:37:46.:37:56.

level as a place as possible. That is not to say that any party or

:37:57.:38:01.

candidate may not have an advantage, they may have a better candidate.

:38:02.:38:04.

They may have more fertile ground from which they seek they may run a

:38:05.:38:08.

better campaign, they may have raised more money, and they may have

:38:09.:38:15.

more party workers. But looking at the bill itself, is builds on the

:38:16.:38:19.

act and builds on what a pickle party is. I have no objection to

:38:20.:38:24.

setting a limit on the size of donations but I would probably want

:38:25.:38:28.

to explore the figures and the dates to see if they are the correct ones.

:38:29.:38:38.

I welcome some of the measures. I have no problem in exploring the

:38:39.:38:41.

changes to the way that physical parties receive funding and if they

:38:42.:38:45.

are going to implement any change in respect to donations and Sirius

:38:46.:38:49.

consideration is going to have two be given. I am so a bit nervous at

:38:50.:38:56.

the mention of the word registered supporter. I am sure the noble Lords

:38:57.:39:01.

will be aware of why that is the case. This whole area needs to be

:39:02.:39:09.

revised, and the sooner that happens, the better." He three

:39:10.:39:13.

concerns the functions of the electoral commission. I am of the

:39:14.:39:16.

view that the committee on standards of public life led by the noble Lord

:39:17.:39:20.

should be invited by the government to take a detailed look in its

:39:21.:39:27.

functions, it has been in existence since 2000 and I think the time has

:39:28.:39:31.

come again for that review to be done. The noble Lord Lord Triesman,

:39:32.:39:39.

has made important points and I say that as a former member of the

:39:40.:39:43.

editorial commission, there are many good members, I have huge respect

:39:44.:39:49.

for them. They work as hard as they can to do that within the powers

:39:50.:39:56.

that are given them. So very much a supporter hoping that something can

:39:57.:39:59.

be done to get this under way sooner rather than later.

:40:00.:40:04.

Compelling points were made about the facts that donations in Northern

:40:05.:40:12.

Ireland are still secret. There should be a decision made about

:40:13.:40:15.

whether it's time to make those donations public. We need a

:40:16.:40:21.

consolidation act to get the law, which is specialised, into one

:40:22.:40:25.

place, so it's easy to understand for the practitioners, the

:40:26.:40:29.

candidates, party workers, members and the general public. These are

:40:30.:40:33.

important and need to be dealt W I will leave my remarks there. I thank

:40:34.:40:38.

Lord Tyler for bringing this here today. I look forward to the noble

:40:39.:40:45.

Lord's response. My Lord's, I'm grateful to the noble

:40:46.:40:50.

Lord, Lord aler, for the -- Tyler, for the opportunity to debate this

:40:51.:40:53.

important issue and to all noble Lord's who have spoken in the

:40:54.:41:01.

debate. I congraph Lord Tyler, with whom I have been debating for the

:41:02.:41:05.

past 57 years, he said 55, I make it 57. I congratulate him on producing

:41:06.:41:11.

a substantial piece of legislation, a richer diet than we're normally

:41:12.:41:15.

used to on a Friday. As he said, this is based on work from MPs of

:41:16.:41:22.

all three parties, supported by some professional input. I'm grateful to

:41:23.:41:27.

him for his kind words and I reciprocate and compliment him on

:41:28.:41:30.

his consistent campaign on matters of constitutional reform over a

:41:31.:41:34.

number of decades. As he himself indicated, he's been here long

:41:35.:41:38.

enough to know that a bill which gets its second reading on the first

:41:39.:41:42.

of two Houses on the last sitting Friday has a short life expectancy.

:41:43.:41:48.

But it's an important subject which deserves an airing. I was struck by

:41:49.:41:55.

what Lord Wallis said opening a short debate on a similar subject on

:41:56.:42:00.

November 3 last year. This is what he said, "My Lord's, party funding

:42:01.:42:03.

reform is rather like Lord's reform. We come back to it every other year,

:42:04.:42:07.

or at least once every Parliament. We get round to setting up a Working

:42:08.:42:12.

Group, the parties fail to agree, we go away and significant change is

:42:13.:42:18.

rarely made." End of quote. I think that parallel is ininstructive I

:42:19.:42:25.

will return to it later. The current regime to regulate political parties

:42:26.:42:30.

and party funding was established in the PPER Referendum Act in 2000. I

:42:31.:42:36.

think the noble Lord was our respective party spokesman as it

:42:37.:42:39.

went through the other place. Since then there have been a number of

:42:40.:42:43.

proposals to reform the system. Indeed both the proposals of the

:42:44.:42:47.

Committee on Standards in Public Life in 2011 and those of Sir Hayden

:42:48.:42:51.

Philips in 2007 are drawn on in this bill. However, despite a decade of

:42:52.:42:58.

talks, there has been no cross-party agreement on changes to party

:42:59.:43:03.

funding. Wide ranging talks were held in 2012 and 2013 with

:43:04.:43:07.

representatives meeting seven times. Many of the issues raised by noble

:43:08.:43:12.

Lord's today were covered during those talks. Unfortunately, as on

:43:13.:43:16.

previous occasions, the parties did not reach agreement during those

:43:17.:43:20.

talks. No consensus has emerged since then and understandably, the

:43:21.:43:24.

Government is reluctant to make changes without that consent. In an

:43:25.:43:29.

earlier debate on March 9 last year the noble Lord Tyler quoted Winston

:43:30.:43:34.

Churchill in 1948, who counselled against one party imposing its will

:43:35.:43:39.

on another on mat affecting the -- matters affecting the interests of

:43:40.:43:43.

rival parties. Several noble Lord's have called for cross-party talks on

:43:44.:43:46.

this subject to be resumed. For these to be worthwhile there would

:43:47.:43:49.

need to be some agreement about the basis of the talks, so we simply

:43:50.:43:54.

don't repeat the fruitless exercises of the past. I will return to this

:43:55.:44:00.

point at the end of my remarks. This bill uses the proposals of the CSPL

:44:01.:44:07.

from 2011 in particular as its foundation. We must remember that

:44:08.:44:11.

report did not receive cross-party support. Indeed there were I senting

:44:12.:44:16.

opinions within the report itself. Both Labour and Conservative members

:44:17.:44:19.

of the committee disagreed with its conclusions and Lord Bew reminded us

:44:20.:44:27.

this afternoon. The bill suggests re-allocating and increasing state

:44:28.:44:31.

funding for political parties in clauses 10 to 14, a subject touched

:44:32.:44:35.

on. The Government does not believe there is any public appetite for

:44:36.:44:38.

more taxpayer funding of politicians and political parties at this time.

:44:39.:44:43.

Noble Lord's will be familiar with the vice of Nick Clegg in a debate

:44:44.:44:49.

in the other place on November 23, 2011, I quote, "The case cannot be

:44:50.:44:53.

made for greater state funding of political parties at a time when

:44:54.:44:58.

bubts are being squeezed and economic recovery remains the

:44:59.:45:02.

highest priority." That advice seems as relevant today as it was then.

:45:03.:45:07.

Substantial demands are to be made on the public purse to restore the

:45:08.:45:11.

building in which politicians work, it might test the public's patience

:45:12.:45:18.

if we were to ask for significantly greater support for the trade we

:45:19.:45:22.

carry on in it. We want to reduce the cost of politics, we are

:45:23.:45:24.

reducing the size of the House of Commons, which I hope noble Lord's

:45:25.:45:29.

will support when the relevant SI comes before us. Freezing

:45:30.:45:34.

ministerial pay, and stopping the unanticipated hikes in the cost of

:45:35.:45:40.

short money. Often - we tried to reduce the number of peers in the

:45:41.:45:43.

last Parliament, as I know to my cost. But it didn't have the

:45:44.:45:49.

consensus that we need. Often the starting point of our discussions is

:45:50.:45:53.

that the spending of political parties should be reduced and that

:45:54.:45:57.

in the absence of stricter rules an arms race is taking place between

:45:58.:46:02.

the parties. Research published by the CSPL in August 2016 show that

:46:03.:46:06.

this is not the case. There has been no arms race in party funding in

:46:07.:46:12.

recent years. My party spent less in the 2015 general election than in

:46:13.:46:16.

2010, that was a lower figure than in 2005. The less we spend, the

:46:17.:46:24.

better we seem to do. Taking into account inflation, that research by

:46:25.:46:29.

CSPL showed a steep fall in central party spending since 1997. And

:46:30.:46:35.

neither of the two main parties in the 2015 general elections, neither

:46:36.:46:38.

of the two main parties, came close to its spending limit. Like other

:46:39.:46:46.

recent attempts at reform, this bill suggests complex and, at times,

:46:47.:46:50.

controversial structural changes to the party funding system. Talks that

:46:51.:46:55.

are focussed on these ideas, so far, have always failed. Perhaps real

:46:56.:46:59.

progress could be made if the focus was instead on smaller reforms that

:47:00.:47:03.

may gain cross-party support. Here I return to the parallel drawn by the

:47:04.:47:08.

noble Lord Wallis with Lord's reform, as I know to my cost. Heroic

:47:09.:47:15.

attempts to reform your Lordship's House failed because there was no

:47:16.:47:21.

consensus between the two Houses and between the two main parties.

:47:22.:47:25.

Subsequently there has been incremental reform with two Private

:47:26.:47:28.

Members' Bills reaching the statute book and with the possibility of

:47:29.:47:33.

further reform coming from the Lord speaker's committee. I wonder

:47:34.:47:37.

whether Lorens Burns who has tackled difficult subjects such as hunting

:47:38.:47:40.

with dogs, the trade union act and Lord's reform might there after

:47:41.:47:46.

apply his resourcefulness and ingenuity to the subject -- to this

:47:47.:47:50.

subject. As with incremental reform of our House, I think we should

:47:51.:47:55.

adopt the same approach with party funding, moving ahead with smaller

:47:56.:47:58.

reforms which may command broad support, rather than trying and

:47:59.:48:03.

failing to achieve an all or nothing solution, as this bill does. I was

:48:04.:48:08.

interested by the, by what the noble Lord Bew said in the debate on March

:48:09.:48:13.

9. Commenting on my party's evidence to Lord burns, which suggested

:48:14.:48:18.

smaller reforms rather than an all-or-nothing big bang solution, he

:48:19.:48:27.

said, "That is an interesting idea, we could approach those things in

:48:28.:48:31.

the event we don't achieve the big bang solution. He repeated that

:48:32.:48:35.

suggestion again this afternoon. These smaller reforms could include

:48:36.:48:40.

finding practical ways to encourage more and smaller donations from

:48:41.:48:44.

wider audiences. As the minister for the constitution said when he

:48:45.:48:47.

appears before the constitution committee earlier this week, the

:48:48.:48:50.

Government is open to constructive debate and dialogue on small-scale

:48:51.:48:54.

measures that could command broad support, if there was a positive

:48:55.:48:59.

reaction to such a potential step from the main political parties.

:49:00.:49:02.

Today's debate has shown that actually there is such an appetite

:49:03.:49:06.

and I'll return to that in a moment, when I've addressed some of the

:49:07.:49:10.

issues raised in the debate. Both the noble Lord Bew and the noble

:49:11.:49:15.

Lord Rennard raised the issue about the lack of transparency of

:49:16.:49:20.

donations in Northern Ireland. On January 5, the SOS for Northern

:49:21.:49:23.

Ireland -- Secretary of State for Northern Ireland announced he would

:49:24.:49:26.

write to Northern Ireland political parties seeking their views on

:49:27.:49:34.

ending the kusht arrangements on -- current arrangements on donations

:49:35.:49:37.

and loans to political parties. He remains keen to make progress on the

:49:38.:49:41.

issue of donations to political parties now that the election has

:49:42.:49:47.

concluded. The noble Lord also asked about Lord hodge son's review by

:49:48.:49:54.

third party campaigning. The Government welcomed that review of

:49:55.:49:59.

third party campaign in the 2015 general election and we welcomed his

:50:00.:50:11.

conclusions. He suggested recommendations on tightening the

:50:12.:50:17.

rules but also on relaxing them. My noble friend Lord True raised two

:50:18.:50:23.

important issues, firstly, impermissible donations and he quite

:50:24.:50:27.

rightly said that all three parties have been affected but he focussed

:50:28.:50:31.

his comments on the Michael Ground case, and asked whether the

:50:32.:50:34.

Electoral Commission should be able to secure the return of a donations

:50:35.:50:38.

which are later found to be the proceeds of crime. The Electoral

:50:39.:50:43.

Commission has recommended that the rules on company donations should be

:50:44.:50:47.

reviewed following their investigation of donations made by

:50:48.:50:51.

5th avenue limited to the Liberal Democrats in 2005. We are

:50:52.:50:56.

considering this issue alongside a number of other issues related to

:50:57.:51:01.

donation matters. My noble friend also raised the question of reports

:51:02.:51:06.

about ?250,000 donation offered to the Green Party before the Richmond

:51:07.:51:12.

by-election. This was denied by the Green Party. On the Electoral

:51:13.:51:17.

Commission records do not show any such donation being made. Laws

:51:18.:51:22.

around such donations relate largely to ensuring they come from a

:51:23.:51:26.

permissible source and that they are properly declared to the Electoral

:51:27.:51:31.

Commission in order to comply with transparency requirements. If this

:51:32.:51:39.

case had done so, it unlikely would have broken any laws. There's a good

:51:40.:51:43.

question about whether the law applies to parties as well as

:51:44.:51:47.

individuals. We need to reflect on that further. The noble Lord made a

:51:48.:51:51.

valid point about social media and the changing landscape of political

:51:52.:51:55.

campaigning. I agree with him that it would be better if all parties

:51:56.:52:00.

were less reliant on large donations and we had a broughter base of

:52:01.:52:04.

membership donations on which to rely. My Lord's, this bill proposing

:52:05.:52:10.

a number of reforms to political party funding, including caps on

:52:11.:52:13.

donations and new schemes for public funding. These are complex

:52:14.:52:18.

structural reforms which could only be taken forward on the basis of

:52:19.:52:23.

cross-party consensus. No such consensus exists at this time. The

:52:24.:52:26.

Government believes it is premature to consider a bill at this timement

:52:27.:52:30.

However, my Lord's, anticipating there would be an appetite in

:52:31.:52:34.

today's debate to make progress and to try to break the log jam we now

:52:35.:52:41.

have, I spoke to the minister for the constitution earlier this

:52:42.:52:43.

morning. He would be happy to have a meeting with the noble Lord, Lord

:52:44.:52:48.

Tyler, and other Lord's, who have spoken in this debase to find a way

:52:49.:52:53.

forward, along the lines that I have suggested of incremental reforms

:52:54.:52:56.

that can achieve cross-party support. Now, that may not be the

:52:57.:53:01.

giant step forward the noble Lord was hoping for in his opening

:53:02.:53:05.

remarks, but I hope he will accept it as a constructive response to

:53:06.:53:09.

this debate and a helpful way forward, even though we can't take

:53:10.:53:12.

his bill very much further forward today. I'm extremely grateful to a

:53:13.:53:20.

number of members for giving up their Friday to discuss what may

:53:21.:53:24.

have seemed a rather arcane subject to some and indeed one that because

:53:25.:53:29.

of the nature of this bill and the limited time that it's obviously

:53:30.:53:33.

going to be given to it between now and the end this session, to rather

:53:34.:53:38.

an academic subject as well. I hope that the noble Lord Young will take

:53:39.:53:43.

it that every single person who has contributed to this debate today is

:53:44.:53:47.

effectively echoing something must be done. I'll come back to the

:53:48.:53:51.

particular suggestion he made at the end of his speech in a moment. I

:53:52.:53:55.

want to put on record two or three points that have come out through

:53:56.:53:57.

the debate, which may need to be put on one side. First, I am not

:53:58.:54:02.

suggesting and it has never been suggested there should be a net

:54:03.:54:06.

increase in state funding. Indeed, in the bill, as I think the noble

:54:07.:54:10.

Lord recognises there is recognition that we could find some ways to make

:54:11.:54:16.

substantial savings. He himself referred to my right honourable

:54:17.:54:20.

friend Nick Clegg who in his evidence to the Select Committee, I

:54:21.:54:23.

think colleagues on the Select Committee will redual, actually

:54:24.:54:27.

Kated what -- indicated what savings might be made and committed himself

:54:28.:54:33.

to that, that any change should incur no net increase in state

:54:34.:54:39.

funding. Some reallocation yes. Lord Rennard said we have over the years

:54:40.:54:42.

put forward suggestions about how savings could be made in other ways.

:54:43.:54:49.

This was a point raised by local authority Whitfy and my -- Whitty

:54:50.:54:54.

and my noble friend. I am very conscious of the point made by the

:54:55.:55:01.

Lord, my particular bill has been substantially overtaken by concerns

:55:02.:55:08.

about the way in which funding has gone into referenda campaigns. I

:55:09.:55:12.

would hope that the noble Lord, the minister, would recognise that is a

:55:13.:55:15.

very important additional issue that we should all be thinking about and

:55:16.:55:20.

addressing now. Before there might be another one, in two or three

:55:21.:55:25.

years' time, we don't want a repeat of that particular concern.

:55:26.:55:29.

My Lords, I turn now ready to this issue of consensus. How does the

:55:30.:55:39.

noble Lord know that there is a consensus? Any more than Mr Skidmore

:55:40.:55:45.

knows there was a consensus. Until the government actually accept the

:55:46.:55:48.

recommendation, the very clear recommendation of the select

:55:49.:55:51.

committee that some new initiative must be taken, we do not know what

:55:52.:55:55.

there is a consensus, how far that consensus may go. It is already

:55:56.:55:59.

clear, that the noble Lord and I truly agree with every point that

:56:00.:56:06.

was made, to catch up some of the issues, true to his name, I think

:56:07.:56:10.

that he speaks with considerable authority about the difficulties

:56:11.:56:14.

that may be faced by those who have got too much money to throw around

:56:15.:56:18.

in the present situation. But every single member who has contributed

:56:19.:56:19.

has clearly injured -- has clearly indicated, we have

:56:20.:56:27.

got to address these issues. That is the point that the noble Lord will

:56:28.:56:33.

take back. I make one further point. He has demonstrated not just today

:56:34.:56:36.

but on previous occasions, that he is very sensitive to the concerns

:56:37.:56:43.

that are often expressed, where we are not direct the affected by how

:56:44.:56:53.

elections are run but I think have a very proper constitutional

:56:54.:56:54.

responsibility to look hard at electoral law. I wonder therefore

:56:55.:56:58.

whether he would commit himself to taking part in the discussions that

:56:59.:57:03.

his honourable friend has now agreed we might have. Yes I think we could

:57:04.:57:07.

break the logjam but I very much hope that the noble Lord will be

:57:08.:57:11.

prepared to take part with us. One further point I want to make. We

:57:12.:57:18.

cannot ignore the advice of the electoral commission. They have made

:57:19.:57:23.

a recommendation about reviewing the definitions of regulated candidate

:57:24.:57:25.

spending and regulated critical parties spending that had been in

:57:26.:57:31.

place since 2000, and the focus on spending in constituencies. It is a

:57:32.:57:35.

major theme of my speech earlier today, of my bill and concern in the

:57:36.:57:40.

public at the moment. If we are to regain the trust that the global

:57:41.:57:45.

Lord quite rightly identifies, we have to identify the issue and I'm

:57:46.:57:47.

sure that the electoral commission would be happy to address it. With

:57:48.:57:53.

that my Lords I would like to request your Lordships house to give

:57:54.:57:57.

the bill a second reading. The question is that this bill Nabi read

:57:58.:58:03.

the second time as many now say content, not content. The content is

:58:04.:58:12.

have it. Bylaws I move that this Bill be committed to a committee of

:58:13.:58:17.

the whole house. Has many of that opinion say content. The country not

:58:18.:58:24.

content, the not content have it. My Lords I beg to leave that the house

:58:25.:58:29.

do now adjourned. That the house to now adjourned.

:58:30.:58:33.

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