argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: Law and Crime
Igor Judge (Crossbench, Unknown): My Lords, the amendments in this group go to a simple but crucial issue. The Bill proposes to give the Minister the power to create criminal offences by regulations. The proposal is slightly obfuscated by language, with the Bill saying that the regulations may not, "create a relevant criminal offence", but the intention is that they will and the words are good enough to do so I know that your Lordships have kindly listened to me on this subject on a number of occasions and I will not go on about it more than I have to, but there is a simple principle: it is wrong for a criminal offence to be created without proper—not notional and not theoretical—parliamentary scrutiny. The fact that it has happened before, which it has, merely signifies—I am sorry to say this—that Parliament, including this House, was not sufficiently alert to the deviation from constitutional principles My objection is to the lack of scrutiny. Very recently during debate on the Sanctions and Anti-Money Laundering Bill, your Lordships gave a very strong indication to the Government that this was a concern that occupied the attention of all sides of the House. The result is now a significant government amendment to the original proposal. In the subsequent debate in the Public Bill Committee in the other place last week, on 6 March, the Minister, Sir Alan Duncan, acknowledged that the Government accepted, "that the powers of the Executive to create criminal offences and regulations should be subject to appropriate parliamentary scrutiny".—[Official Report, Commons, Sanctions and Anti-Money Laundering Bill Committee, 6/3/18; col. 119.] Although he did not say so, the Government must have implicitly accepted that the theoretical arrangements for parliamentary scrutiny were inadequate, because the Minister then went on to reflect on possible options for improving the processes. It was this that culminated in the government proposal that, if offences were to be created by regulations, there must be "good reasons" for their creation and, once the Government had concluded that there were indeed good reasons, they then had to be justified by a detailed explanatory and open report to Parliament I leave open the argument that "good reasons" should give way to "necessary" but that is for another occasion. However, I acknowledge that, in the context of that Bill, this was a significant advance that would greatly increase the opportunity for genuine scrutiny by Parliament and therefore diminished Executive control. Today, I shall not set out the details of the proposed amendments to the Sanctions and Anti-Money Laundering Bill because they are government amendments, but it would make a great start for the Minister if he would indicate that, at the very least, the government proposals in the sanctions Bill will be carried into this one. I beg to move.
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: Law and Crime
Alexander Carlile (Crossbench, Unknown): My Lords, I want to add one short point to what has been said about sentences of imprisonment. It is likely that if the Government think it necessary to introduce new criminal offences, they are not going to be offences of assault or anything of that kind, but offences that relate to the conduct of business between the United Kingdom and the European Union. What we are talking about here are possibly mainly regulatory offences, for which sentences of imprisonment may not be necessary at all. However, such offences may affect severely the conduct of companies and the relationships between them, the conduct of local authorities and so on. Therefore, I ask that included in the scrutiny that the Minister has very helpfully promised is a slightly more sophisticated test that bears in mind the effect of potential new offences on the business community and the economy.
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: Law and Crime
Igor Judge (Crossbench, Unknown): My Lords, I am troubled by just one observation made by the Minister. I think someone has been advising him incorrectly. Speaking for myself, I have never come to a mutually agreeable arrangement relating to the Sanctions and Anti-Money Laundering Bill. I have certainly welcomed an advance by the Government relating to these issues, but, as I said at the beginning, I leave open the argument that "good reasons", which are proposed, should give way to "necessary" and I have added that there is an advance Beyond that, I am very grateful to all noble Lords who have taken part in this debate. We really must not return—can we make up our minds now not to?—to the constitutional aberration of unexplained, and effectively unscrutinised, regulations creating criminal offences. That is the constitutional principle. In view of the observations made by the Minister, however, I beg leave to withdraw the amendment.
Salisbury Incident Update — House of Lords, 2018-03-12
Topic: International Affairs
Peter Ricketts (Crossbench, Unknown): My Lords, I commend the Statement by the Prime Minister as strong, clear and measured, but the story that it tells is a chilling one: it is highly likely that a fellow permanent member of the United Nations has used a military-grade nerve agent in an English country town. As a former ambassador to NATO and national security adviser, I hope the noble Lord, Lord Newby, will allow me to take polite exception to his comment that this is not a matter for NATO. When the Prime Minister states that, if the Russians cannot produce an explanation this would amount to unlawful use of force by the Russian state against the UK, I ask the Minister whether she agrees that there is a strong case for consulting our NATO allies on what is a very grave national security threat.
Salisbury Incident Update — House of Lords, 2018-03-12
Topic: Agriculture
Margaret of Mar (Crossbench, Unknown): My Lords, the noble Baroness the Leader of the Opposition wished the police officer involved a full recovery. I know from experience, as do hundreds of farmers, that any exposure to organo-phosphates is permanent and irreversible. Will the Minister ensure that anyone exposed is looked at for psychoneurological and autonomic nervous system problems, because that seems to be where it strikes most?
Salisbury Incident Update — House of Lords, 2018-03-12
Topic: International Affairs
John Anderson (Crossbench, Unknown): My Lords, I welcome the Prime Minister’s distinction of the need for evidence over speculation. Is it recognised that a response from the Russian state might be enhanced if there was a working relationship between our agencies and the FSB, which is currently held hostage? Is it not the essence of diplomacy, which safeguards the interests of the state and its citizenry, to ensure constructive dialogue at all levels? Does the noble Baroness have a view on whether we need to ramp up on the resilience of the people at large in this country?
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: Government Operations
James Hope (Crossbench, Unknown): My Lords, three amendments in this group are in my name: Amendment 90, which relates to Clause 7; Amendment 130, which relates to Clause 8; and Amendment 148, which relates to Clause 9. They all raise the same point about the extent of the delegated powers given to Ministers of the Crown by these three clauses. The context is the way in which exercise of these powers may affect the devolution settlements for Scotland, under the Scotland Act 1998, and for Wales, under the Government of Wales Act 2006 and the Wales Act 2017. I am obliged to the noble Baroness, Lady Suttie, for her amendments introducing the position of Northern Ireland in exactly the same terms as my amendments.
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: Government Operations
Ilora Gillian Finlay (Crossbench, Unknown): My Lords, I have added my name to Amendments 90, 130 and 148. I am most grateful to my noble and learned friend Lord Hope for introducing the amendments in meticulous detail I heard the Minister speak about a correcting power in relation to Clause 9 but unfortunately I did not hear the words "legislative consent". In the Government of Wales Act there is a principle of legislative consent from the Assembly, and that is important when powers change and when legislation comes from Westminster with a direct effect on Wales. I am no lawyer and I hesitate to speak following two such knowledgeable lawyers as my noble and learned friend Lord Hope and the noble and learned Lord, Lord Morris, and the very informed opinion of the noble Lord, Lord Wigley, but I believe that the volume of amendments tabled on this issue and the strength of feeling show both the deficiencies in the Bill as drafted and the deep unease that the Government’s efforts to appease the concerns appear to have been left until the 11th hour. That is a tremendous shame for the operation of the whole of the UK going forward As it stands, it seems that the passing of this Bill could mean that Brexit becomes a conduit through which legislative competence is repatriated slowly— as the thaw occurs, after time—from the devolved Governments in Wales and Scotland back to Westminster. In the words of the First Minister of Wales and the First Minister of Scotland, this Bill appears to be a "naked power grab". It does not return powers from the EU back to the devolved Administrations, as promised; it returns them solely to the Government and Parliament, and freezes them, and it imposes new restrictions on the Scottish Parliament and the National Assembly for Wales.
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: International Affairs
James Hope (Crossbench, Unknown): I am most grateful to the noble Lord. In Clause 7(7), which deals with Northern Ireland, there is no mention of the need for consent at all. It states simply that the power to amend or repeal the Northern Ireland Act by statutory instrument is excluded. I can see the sense in that. Does the noble Lord agree that that is a sensible way of dealing with the matter, and that perhaps the same provision should be made for Scotland and Wales?
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: Government Operations
Dafydd Elystan-Morgan (Crossbench, Unknown): The contributions already made make it perfectly clear how fragile and in many respects how insubstantial is the basis of devolution as we know it. The sovereign Parliament of Westminster has created a sub-Parliament in respect of Scotland and Wales. The sovereign authority that created that Parliament can undo that Parliament any day that it wishes to do so. If it did so I have no doubt that the noble Lord, Lord Wigley, would agree with me that it would be the best recruiting sergeant that Plaid Cymru ever had. Be that as it may, the power is there to do exactly that. It is, of course, utterly understandable that nobody expects that power to be used. In fact, in Clause 1 of both the Scotland Act and the Wales Act of last year there is written in what is intended to guarantee the permanence of the Scottish Parliament and the Welsh Assembly. In terms of law, it has no restriction whatever; it is purely cosmetic but well intentioned. I do not think that, in so far as any legal interpretation is concerned, there is a different view held, but I will be corrected on that point Nevertheless, those two Parliaments exist at the mercy, as it were, of this sovereign Parliament. I do not know whether one can change the situation, because the concept of sovereignty means that it can be withdrawn at any time. Unless, of course, one has some self-abnegative discipline—for example, to say that there is a convention. In the Miller case that came before the Supreme Court some time ago, the argument was raised that there was a basic authority that related to each of the Parliaments. No, said the Supreme Court, it is a convention. However, nobody had defined a convention. If Parliament went out of its way to define a convention and said, "In this context a convention means a, b, c and d", that might get us somewhere. It is a suggestion.
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: International Affairs
Dafydd Elystan-Morgan (Crossbench, Unknown): One is greatly tempted to look at this situation beyond the Tweed, as it were—but I will abjure that temptation now and, I hope, for ever. I have scars on my back already in relation to what has happened in Wales over the last few decades I believe that in relation to these situations, one can draw a distinction between a convention and something else. A convention can be defined by Parliament in such a way as to have a semi-sovereign authority. That is my point. It is not the same thing as saying that it is regarded as the ordinary way of doing things—that is a totally different argument. In that way, it seems that one might achieve a reasonable and honourable settlement.
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: Government Operations
James Hope (Crossbench, Unknown): My Lords, I moved my amendment some time ago—at least I believe I did. I am very grateful to all noble Lords who have spoken in the debate and to the Minister for his very constructive response To sum up briefly, it seems that a theme ran through various contributions, which I want to bring to a point. I picked up from the noble Lord, Lord Wigley, the point that the Government have not really carried the people with them in the way they have responded to devolution, at least in Wales. Then, the noble and learned Lord, Lord Morris of Aberavon, said that devolution had yet to be taken seriously. Then, the noble Baroness, Lady Randerson, said that the atmosphere is becoming increasingly negative. These are very unfortunate phrases to be using in a situation where we seek agreement. However, the noble and learned Lord, Lord Wallace of Tankerness, said that accepting these amendments would be a step forward and the noble and learned Lord, Lord Mackay of Clashfern, said—if I understood him correctly—that accepting the amendments would not cause the Government much trouble, given what they have been saying about their intentions for the use of the powers that will be given to Ministers of State by these three clauses If the Minister searches his conscience very thoroughly, it does not look as though the Government have much to lose, if anything, in accepting these amendments. At the same time, there is a lot to be gained because they would help to change the atmosphere, which is so negative at the moment. He has made a step forward in Clause 7, which I appreciate, but he has done so because he says that he does not need to bother with the Scotland Act because he will have it all there on Report. I applaud that, but surely he might take the same step with Clauses 8 and 9. He may say that there is no question of amending the Scotland Act or the Government of Wales Act under those clauses—if so, why not just say so? Why not put these measures in the Bill and get this all over with, as a background to when we come to the real difficulty of Clause 11? There is that to take away from the debate I want to mention one other point. If we put a provision of this kind in Clause 7, people will look at Clauses 8 and 9 and say, "Oh, it’s not there. The situation is different as far as Clauses 8 and 9 are concerned". There is a Latin phrase for this: inclusio unius est exclusio alterius, which means that putting one thing in excludes the other. We need to look rather carefully at the wisdom of adding a very sensible amendment to Clause 7 but not reproducing it in Clauses 8 and 9 as well I hope we can take these thoughts into the discussions which I would like to have with the Minister if we can find time. I look forward to Report when he will bring forward his other amendments. That is as far as we can take the matter this evening. We will come back to it on Report, but for the time being I beg leave to withdraw the amendment.
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: International Affairs
Ilora Gillian Finlay (Crossbench, Unknown): My Lords, I am a signatory to two of the amendments in the name of my noble and learned friend Lord Hope of Craighead. I should declare first that I am a member of the Bevan commission, which has been quoted, and I should also say that funding for Wales has indeed been a concern over time To return to these amendments and the core issue of trust, a wise saying comes to mind: trust arrives on foot and leaves on horseback. It seems as if we have had a few galloping horses through the Chamber this evening, but we have to move forwards. In the new world we will face after Brexit, which will not be easy—no one is now pretending that it will be—we need to be a United Kingdom and we need to pull together. Given the Minister’s remarks in response to the previous group of amendments—he indicated that he sincerely wants to bring the parties together to restore trust and find a resolution that helps us to move forward—I hope he will be able to work with others to achieve that, and that he will give serious consideration to these amendments. They have not been tabled to divide; rather they seek to establish a degree of reconciliation, restore trust and find a working way forward.
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: Transportation
Karan Bilimoria (Crossbench, Unknown): My Lords, I added my name to the amendment to note that rail contributes £85 billion of extra economic benefit to the British economy. About 41,000 of the 240,000 people who work in the rail industry are EU nationals. To make this point, the amendments basically say that we have to adhere to the European Union Agency for Railways, which has EU-wide responsibility for implementing the technical aspects of railway legislation. This cannot be under- estimated because it encompasses safety, specifications of interoperability—TSIs—and a common verification process for infrastructure and rolling stock. Most railway industry manufacturers have standard products designed for supply across the whole of the EU, in line with these requirements.
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: International Affairs
Karan Bilimoria (Crossbench, Unknown): I thank the Minister for giving way. I just want to clarify that he is accepting that by remaining in EASA we will have to submit to the European Court of Justice, and therefore the red line does not exist any more.
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: Government Operations
Charles Hay (Crossbench, Unknown): Noble Lords will be glad to hear that I will be brief. The European Union Select Committee and EU Justice Sub-Committee have been given estimates of the number of SIs concerned. Our estimate was 5,000; I was interested to hear the noble Baroness, Lady Young, say that it was only 1,000. My point is the same either way. In my language, the Bill essentially amounts to a gigantic pink ticket where we are asked to trust the Government. In the commercial world, one tries to trust and verify. You give out your trust, but you retain the ability to verify it, so that if something goes wrong you can sort it out later on This group of amendments tries to deal with three problems. The first is the mistakes, as the noble Baroness pointed out. The second is wrongnesses. We had a good example of these from the noble Lord, Lord Patel, earlier on. If we carried through a particular piece of EU legislation without thinking then a wrongness would be done. Third is the necessity for the scrutiny of Parliament; the verification process that follows on from the trust. As I look at the three sets of proposals on how to deal with these three problems, I have some sympathy for the noble Lord, Lord Lisvane, who said that there is not really time to do the consultation suggested by the noble Baroness, Lady Hamwee. I regret that, but there certainly is not time, whether it is 5,000 or 1,000. The ever-canny and thoughtful noble Baroness, Lady Neville-Rolfe, has come up with an ingenious way of trying to cater for that. Turning to the noble Viscount’s idea of a two-year life span, I am only concerned that if we are going to have to do 1,000 pieces of legislation then two years is probably not enough. The number I wrote down was five. However, that is a very useful way of doing it and my favourite route tonight would be the one he has taken All that being said, what is important in parliamentary terms is a mechanism for trusting and verifying. We will have failed if we do not get some kind of verification procedure in there. I look forward to the Minister’s comments.
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: Government Operations
Igor Judge (Crossbench, Unknown): My Lords, if we reflect on the words used by my noble friend Lord Lisvane, it is really rather chilling. There will be power in a Minister to create laws by giving him or her a blank sheet of paper so that he or she can write out whatever he or she thinks is appropriate. It will be uncontrolled and unscrutinised.
European Union (Withdrawal) Bill — House of Lords, 2018-03-12
Topic: Government Operations
Robert Rogers (Crossbench, Unknown): My Lords, I am extremely grateful to the Minister for the detail he went into in his reply, particularly at this late hour. I also pay tribute to him for his customary generosity in being prepared to discuss these matters outside the Chamber. He recommended one weighty tome with which, as a former accounting officer, I am moderately familiar. Perhaps I may recommend to him another weighty tome, Craies On Legislation, edited in masterly fashion by Daniel Greenberg, former parliamentary counsel. I think it is at chapter 3.5.1 that he will find a very good treatment of the dos and don’ts of sub-delegation. That might be something we discuss before we come back to these matters on Report Of course, he is absolutely right to say that the consigning of these powers to a body or a person will require the affirmative procedure, and that is fine up to a point, but the exercise of the powers, once sub-delegated, will be free of the trammels of the accepted processes, so it becomes even more important that, in the consigning of the powers, the constraints on how they can be used by the consignee, if I can use that rather unlegislative term, are made absolutely clear. That is something, perhaps, on which we can have further conversations between now and Report. On that basis, I beg leave to withdraw Amendment 110.
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2018-03-23
Topic: Government Operations
Mary Watkins (Crossbench, Unknown): My Lords, I want to speak as a Peer appointed through the Appointments Commission. I am, as you know, a nurse, and there was huge pressure from the nursing profession to get another Member here. I know that I, like you, was extremely fortunate to be selected, and I know some really excellent nurses who were not. The 1999 Act was designed to make this House more representative of the population that it serves. It is not about being in with a party, it is about contributing to the work of the House. I am aware that several hereditary Peers contribute in an excellent manner, but why should not some of them come through the Appointments Commission and apply in that way in future?
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2018-03-23
Topic: International Affairs
Frederick Butler (Crossbench, Unknown): Before the noble Lord sits down, can I just say in reply that, if he reads the newspapers tomorrow or listens to "Yesterday in Parliament", he will hear that the way in which the House demonstrated that it wanted to support the Grocott Bill was through that Bill.