argyrotsipi/train-dataset huggingface dataset:
Independent Review of Children’s Social Care — House of Lords, 2022-05-24
Topic: Social Welfare
Ann Butler-Sloss (Crossbench, Unknown): My Lords, may I say how much I am comforted by the response of the Government to the excellent report and hope that all that the Minister is saying in good faith will actually take effect? As a family judge over very many years, and as the writer of the Cleveland report, there are two points I would like to raise with her. The first relates to children. My experience is of many children asked to see me. From the age of about six upwards, those children gave me extremely valuable advice as to what should happen to them. I do not think that social workers listen enough to what the children have to say. You cannot necessarily do what the child wants, but at least the child has a right to be heard, however young, if they are sensible enough to give a good example The other thing, which I found extremely sad when listening to the evidence of social workers, was that the social worker on the ground knew the family very well, but she or he did not make the decision; the decision was made higher up the ladder by a social worker who no longer had any individual cases to look at. I cannot imagine why they do not still keep a caseload to keep their hand in. They make decisions totally contrary to what the girl on the ground who knows the situation is saying. Can the Minister do anything by way of guidance to deal with that issue?
UK Infrastructure Bank Bill [HL] — House of Lords, 2022-05-24
Topic: Environment
Simon McDonald (Crossbench, Unknown): My Lords, like all noble Lords—with one signal and articulate exception—I too support the establishment of the UK Infrastructure Bank. The Bill to give the bank a statutory basis is part of the essential and, I hope, accelerating effort to put the environment at the heart of everything that the Government do. The bank has just two strategic objectives. The first is that its investments must help to tackle climate change. I have one point to make—speaking in the middle of the debate, it is not an entirely novel point, but I hope that the Minister will be persuaded by repeated advocacy—but that point needs a strategic context. The context is the massive strain that humankind is putting on the planet where we live To expand that context, I cite David Attenborough. A few years ago, he came to address the leadership conference of the Foreign Office. An ambassador asked him what the clearest thing he had learned was, after all his decades of travelling the world and filming nature. Sir David contemplated this, then answered as follows: "It is impossible to exaggerate the impact of humankind on the planet." He illustrated this with a story from Madagascar. In 1961, he was part of the first expedition to film the indri, the largest lemur in the world. They had to be very patient but, eventually, they got their footage. Sixty years later, two amazing things have happened. First, this shy animal has got completely used to human beings. When guides take you into the mountains now, they whistle and the indri appears for its photo. Simultaneously, people have completely destroyed its environment. The indri is now critically endangered because the mountains it needs to live will not be available to it for much longer Although climate change is absolutely vital, I join others such as the noble Baroness, Lady Hayman, in advocating for nature to be on the face of the Bill. Climate change is important but biodiversity loss, plastic in the oceans, air pollution and deforestation are all vital too. Let us put nature and its restoration in the strategic objectives.
Working Practices (International Agreements Committee Report) — House of Lords, 2022-05-19
Topic: International Affairs
John Anderson (Crossbench, Unknown): My Lords, the Minister might wish to consider speaking to the Rwandan high commissioner here, who is an august Minister for Justice and will, I am sure, be looking at his overall remarks most closely. He gave us a full briefing about various matters relating to the agreement and understanding. It would be appropriate, if there is to be a strong relationship with that country, that the situation be explained to him.
Ukraine Update — House of Lords, 2022-02-22
Topic: International Affairs
David Alton (Crossbench, Unknown): My Lords, has the Leader had a chance to reflect on the request I made to her some weeks ago that there should be a full-scale parliamentary debate, in your Lordships’ House, about the situation in Ukraine? Can she tell us anything about the position of UK nationals in Ukraine? Will she answer the question put to her by the noble Baroness, Lady Smith of Basildon, about the SWIFT financial system? I do not think she referred to it in her response. Does she not agree that, under the cover of this darkness, other authoritarian regimes will take their opportunistic chances? I think particularly of the situation in Taiwan. Was Churchill not right when he said that, if you go on feeding the crocodile, one day, the crocodile will feed on you?
Ukraine Update — House of Lords, 2022-02-22
Topic: International Affairs
Simon McDonald (Crossbench, Unknown): My Lords, the Leader has made clear that sanctions will be the cornerstone of the UK’s response. To be effective, sanctions have to be international and co-ordinated. The country that is sanctioning suffers along with the country that is sanctioned. So if Germany is to do everything we need on energy—not just Nord Stream 2 but Nord Stream 1, which provides 55 billion cubic metres of gas per year for Germany—and all of that has to be in place, so must everything that the UK can contribute via the City of London. This needs to be an international effort. It would usually be co-ordinated through the United Nations, but the Security Council is clearly not available as the Russians have a veto, so in what international forum will HMG co-ordinate the necessary sanctions effort?
Ukraine Update — House of Lords, 2022-02-22
Topic: International Affairs
Robert Skidelsky (Crossbench, Unknown): My Lords, I thank the Minister for her Statement. I regret I am going to disturb the unanimity of the Front Benches, and, in fact, all previous speakers, but I am very disturbed about the trend of events. I very much welcome the assurance given to my noble friend Lord Alton that we will have an early opportunity to debate this. My first question is: can the Government give us an assurance that no British troops will be deployed in Ukraine? Secondly, coincident with the economic sanctions, will the Government urgently and imaginatively search for a diplomatic agreement on the Ukraine problem? I say "imaginatively"; I am sure there has been some urgency, but the lack of imagination and the lack of understanding of Russia’s position is absolutely appalling, in my view, and very depressing. The atmosphere of the House reminds me very much of 2003 prior to the invasion of Iraq.
Elections Bill — House of Lords, 2022-03-21
Topic: Government Operations
Molly Christine Meacher (Crossbench, Unknown): My Lords, I support Amendments 63 to 69 in the name of the noble Baroness, Lady Hayman of Ullock, to which I have added my name. I was surprised that we had a very long debate on Clauses 1 and 2 standing part but there was very little mention of any concern about the impact of this change on the overall turnout in elections, and the potential skewing of election results. I was delighted to hear the noble Lord, Lord Willetts, focus on elections that might be quite tightly fought with quite close results. You really might question those results, particularly in those constituencies where you might have a very tight result. Before today, it struck me that this is really the big issue: there does not seem to be an issue about trust in our elections, certainly in relation to people who turn up at polling stations. I understand that there has been a problem with postal votes, but this reform does not touch that at all. I do not get it; I do not understand why there is this tremendous focus on photo ID for people who go to polling stations.
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
David Anderson (Crossbench, Unknown): My Lords, I am slightly more relaxed than my noble friend Lord Pannick about the prospective-only quashing power in the new Section 29A(1)(b)—it is, in its essentials, already acknowledged in our law—but only so long as the courts are free to use it without constraint or presumption. In the Spectrum case of 2005, Lord Nicholls thought a prospective-only quashing order might be appropriate in some cases where a decision on an issue of law was unavoidable but a retrospective decision would have gravely unfair and disruptive consequences for past transactions. Each of his six colleagues agreed that it would be unwise to rule out the existence of such exceptional cases, even though Spectrum itself was not one of them.
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
Simon Denis Brown (Crossbench, Unknown): My Lords, I feel I have to rise at this juncture. I supported Clause 1 at Second Reading and continue to do so today. Like other noble Lords who have spoken since, the noble Lord, Lord Pannick, I suggest, puts the case against the clause altogether too high. I say that Clause 1 and the powers that it confers on the judiciary valuably would add to the judges’ discretion, their powers to do justice not just to the claimant in a particular case but on a wider basis. I, too, was in the Spectrum case—Lord Nicholls’ case with the noble and learned Lord, Lord Hope, and others—and it was not a case in which we thought at that stage and in that context we should exercise this power, assuming we had it, to develop the law I am going to disappoint the Committee because I have insufficient recollection—I shall come back to this on Report, I promise or threaten—to deal now with the point from the noble and learned Lord, Lord Hope. But I see the force of what he says and, in a rather different context, I, too, wish to reminisce. I go back even further, a quarter of a century, to a case called Percy v Hall. It was so long ago that Mr Keir Starmer was the second junior with a very white wig. It was a case about by-laws in respect of Menwith Hill, a listening post, a secure station for GCHQ and the Americans, and the by-laws, not surprisingly, precluded public entry.
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
James Hope (Crossbench, Unknown): The noble and learned Lord was kind enough to refer to the case that I was referring to. However, I was suggesting that the court should have power, in effect, to direct that the order made under the United Nations provisions be treated as valid until Parliament could introduce a measure giving authority to the making of the order. That is indeed what happened afterwards; Parliament had to remedy the problem and some time was needed to allow it to do that The banks were holding on to the money; of course, they were not going to release it unless it was demanded by these suspected terrorists, but had they demanded it, it might have been quite difficult for the banks to refuse to release some money. My point was that something should be done to prevent that happening. The last thing one wanted was to give these terrorists the opportunity to make off and dissipate all the assets that had been protected by the order made under the international obligation The problem that the noble and learned Lord is grappling with is that there is a huge range of circumstances in which these provisions may come into effect, some of which, I quite agree, would be offensive. I would hope that the courts would be sensible enough not to exercise the power. There are various provisions later in the Bill, which we will discuss and which might be better removed to preserve the court’s flexibility. The question is whether the power should be there at all. My point was that, yes, it should be there because there can be cases where the interests of good administration, and possibly national security, require the possibility of doing that to prevent the event—or whatever it was that the defective order was designed to prevent—taking effect.
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Macroeconomics
James Hope (Crossbench, Unknown): I recommend that the noble and learned Lord refers to Treasury 2 because I made exactly the point that he was trying to make and I was overruled by the others. They said, "You can’t do that", and they would not make the suspended order. We are in Committee and we cannot prolong the discussion, but that is the problem that I was faced with. I tried to do exactly what the noble and learned Lord suggested but I was overruled. That is the problem that I think the Government are trying to address; the Minister will correct me if I am wrong.
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
David Pannick (Crossbench, Unknown): I am very grateful to the Minister and to all those who have spoken in this interesting debate. It is important to emphasise that this is not a technical legal issue. We are concerned here about the integrity of judicial review—a vital safeguard of the rights of all citizens I agree with the noble and learned Lord, Lord Falconer of Thoroton, that what is objectionable about Clause 1 is the power of judges to wave a judicial wand and to say that what they have found to be unlawful shall be treated—the word emphasised by the Minister—as if it were lawful. If there are cases of concern—the noble and learned Lord, Lord Hope, said that there are or may be—a suspended order is quite sufficient to give Parliament time to act. Those in Parliament, not judges, are the appropriate people to validate that which the court has found to be unlawful. New Section 29A(1)(a) meets that need. Indeed, that was the issue in the Ahmed case, where the noble and learned Lords, Lord Hope and Lord Brown of Eaton-under-Heywood, had, as judges say, the misfortune to disagree with each other. It was what the noble Lord, Lord Faulks, recommended in his review My noble friend Lord Anderson mentioned the comments of Lord Nicholls for the Appellate Committee in the Spectrum case that prospective overruling might—I emphasise "might"—be appropriate, although not in that case. That was in June 2005. Such a power has never been exercised or come close to being exercised in any case since There is an important difference between the common law not ruling out the possibility of prospective overruling and Parliament including such a power in this Bill. I cannot understand why this provision is in the Bill. As I said, it was not recommended by the noble Lord, Lord Faulks. What has provoked the need for new Section 29A(1)(b)? The Minister said that the Government want to put new tools in the judicial toolbox—but why this tool? What case has provoked the need for this provision? When have judges ever lamented the absence of such a power My noble and learned friend Lord Brown of Eaton-under-Heywood emphasised the need for flexibility, but Clause 1 is not flexible in an important respect. If this power in new Section 29A(1)(b) is exercised, then under new Section 29A(5), as the Committee has heard, the impugned act "is to be treated for all purposes as if its validity and force were, and always had been, unimpaired by the relevant defect." There is nothing flexible about that. With all due respect, the Minister’s reliance on "treated" is a matter of pure semantics; "for all purposes" means always and for all persons, whatever their circumstances, and even though they have not been represented before the court Therefore, I say to the Committee that there is no need for this power in new Section 29A(1)(b). It is inappropriate in principle. But for today, of course I beg leave to withdraw this amendment.
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Government Operations
David Pannick (Crossbench, Unknown): If he gave such an order, why is there a need for Parliament to step in and deal with the matter? In any event, such an order is more appropriately dealt with by a suspended quashing order so that Parliament, the appropriate authority, can deal with the matter if it sees fit to do so.
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
Simon Denis Brown (Crossbench, Unknown): I hesitate, my Lords, to speak again. I feel that so much of what has been said has been dancing on the head of a pin. I have to say that I have come to see new subsections (1)(a) and (1)(b) in new Section 29A in Clause 1 not as dramatically different things but rather as a continuum. They cover a spectrum; indeed, there is an overlap in between them, in the middle. There is no question here of subsection (5), to which the noble Lord, Lord Pannick, objects so strenuously—the one about being treated, and so forth. It is always subject, be it noted, to new subsection (2) of new Section 29A. Any of these orders under new subsection (1)—in other words, whether it is an order under new subsection (1)(a) or (1)(b)—can be made subject to conditions. Those conditions clearly would control the extent to which there is to be any degree of retrospectivity or retroactivity, call it what one will I am a huge admirer and respecter of the noble Baroness, Lady Chakrabarti, but I do not see this as being, so to speak, comparable to Parliament infinitely rarely passing legislation retroactively. We must always remember, must we not, that judicial review is, at the end of the day, a discretionary remedy; you do not actually have to make these orders anyway. I still see this, as the Minister would urge, as a tool in our toolbox, giving us the maximum flexibility and discretion to do what justice requires to all—which includes, of course, to those who are not in the courtroom, who do not have legal aid, and all the rest of it. With criminal convictions—taxation and things—one trusts and assumes that the court is going to behave correctly. In the Percy and Hall case, with the good lady trespasser and PC Hall who was being sued for damages for having arrested people who on the face of it were invading this territory, contrary to apparently valid by-laws, I pointed out in the judgment that, if and insofar as she had actually had criminal convictions, of course they would be set aside. But that is merely an aspect of judges behaving, as one hopes and believes they will, in a judicial manner So I respectfully continue to support this clause. I said at Second Reading that I was agnostic or entirely relaxed—I think that was the term used by the noble Lord, Lord Anderson—as to whether it is "may" or "must" in new subsection (9), and I remain so. "Must" simply urges the judges to give attention to this new tool in their armoury or toolbox. But they do not have to, and they will not, unless by all the conditions that they wanted to impose, they have made it clear that what they are doing will not be contrary to justice.
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
David Pannick (Crossbench, Unknown): I am very grateful to the Minister. He emphasises that the court can have regard to other factors. Does he accept that it would be permissible for the court to ask itself the question set out in Amendment 2? Is it satisfied that it is in the interests of justice to make one of these orders? Is it permissible for the court to say that it would not be in the interests of justice in the circumstances of this case, therefore it will not make one of these orders?
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
David Pannick (Crossbench, Unknown): My Lords, I agree with those who have spoken, and particularly with the noble and learned Lord, Lord Etherton, who said that these provisions will provoke litigation. Speaking as counsel practising in judicial review, these provisions will give ample opportunity for those representing disappointed litigants to bring appeal proceedings based on failures by judges to apply the provisions in a proper way I have added my name to Amendment 13, moved by the noble Lord, Lord Anderson, because, if judges are to be given the powers set out in proposed new Clause 29A(1)(a) and (b), it is because Parliament has decided that judges can be trusted to exercise the new functions widely and justly. The Minister emphasised at Second Reading and again today that the exercise of the new powers should cause Parliament no concern because it will be for judges to decide. If Parliament follows that approach, it is then surely unnecessary and inappropriate for Ministers to seek to tilt the balance by creating presumptions to try to influence the judges as to which tools from the toolbox—to use the Minister’s expression—it is appropriate for them to pull out and use. The more the Minister seeks to suggest—as I think he will in replying to this debate—that the presumption is weak, the less clear it is why it is included at all I make one other general point. We are considering an important Bill and the amendments we are debating this evening are significant. The Minister, as always, is addressing all relevant points in a most constructive and helpful manner, but it is, at least to me, surprising and regrettable that there are now, and have been for almost all of our debate this afternoon, no noble Lords on the government Back Benches.
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
James Hope (Crossbench, Unknown): I shall say just a few words. It is very strange that there is nothing in the Explanatory Notes to explain why this presumption is in the Bill at all. I have searched the notes for guidance and can find nothing. That point aside, I stress the point made by my noble and learned friend Lord Etherton about the danger that lurks in proposed new subsections (9) and (10). If one is sitting in a court trying to work one’s way through the various phrases set out there, they create a number of traps—and certainly opportunities for the disaffected litigant to challenge the decision. There are value judgments to make about what is "a matter of substance"; you must address your mind to what is meant by the phrase "adequate redress"; and you must find whether there is a "good reason" for doing or not doing something. These are all things you must face up to, and you must explain yourself, because it is all qualified by the words "is to do" or "must do". A judgment that is going to stand up to scrutiny in the Court of Appeal will have to work through all those phrases and explain what decision the judge has taken in order to support the decision that is ultimately made This remedial tool is being encrusted with so much stuff that it is almost unusable. It really is ridiculous to overwork to this extent the amount of directions being given to the judge. It is not necessary, it is bad legislation and it is extremely dangerous. It is not a remedial tool at all; the Government are trying to create something in their own interest, as has been pointed out already, and make it as difficult and dangerous as possible for judges to use this tool. It should certainly not be legislated for in this form. Therefore, I strongly support the removal of these two subsections.