argyrotsipi/train-dataset huggingface dataset:
Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Lords, 2021-01-11
Topic: Law and Crime
Anne McIntosh (Conservative, Centre-right): My Lords, I preface my remarks with a very straightforward point, by noting that judicial commissioners, appointed under the Investigatory Powers Act 2016, carry out a prior approval function in relation to other covert investigatory activities. While the function of judicial commissioners could be extended to cover the grant of CCAs, I understand why the noble Lords, Lord Anderson, Lord Rosser and Lord Butler, and my noble and learned friend Lord Mackay, who have proposed Amendment 33, have sought to bring in not pre-authorisation but notification in real time. Why is there a lesser test with regard to the powers under this Bill than there is that extend to other activities covered by prior judicial approval Having said that, I entirely endorse and support what the noble Lord, Lord Anderson of Ipswich, Lord Rosser and Lord Butler of Brockwell, and my noble and learned friend Lord Mackay of Clashfern have put forward in Amendment 33. The question that we seek to answer here is about what degree of oversight is required and the level of independence that that oversight should enjoy. I have come to the conclusion that it is better to have judicial oversight as envisaged in Amendment 33 than that to be exercised by a Secretary of State, for the multiple reasons given by many noble Lords who addressed the House earlier this evening I would like to see authorisations in real time being sought by such a notification as set out in Amendment 33. I entirely support and endorse the remarks made by the noble Lords, Lord Anderson of Ipswich and Lord Butler of Brockwell, and my noble and learned friend Lord Mackay of Clashfern. There would have to be a very good reason why the Government would not seek to introduce this, especially as, with all the provisions that have been set out in the debate, there should be no reduction in the ability to act swiftly, and therefore that flexibility will not be compromised There are very powerful arguments for Amendment 33 and the related amendments, although I am less supportive of Amendment 34 and others in this group. I hope that my noble friend will explain to what extent she can support Amendment 33 and related amendments put forward by its authors.
Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Lords, 2021-01-11
Topic: Law and Crime
Michael Morris (Conservative, Centre-right): My Lords, I speak briefly to a number of amendments. First, on Amendment 5, I do not believe whatever I have heard, even from my noble friend who spoke before me, that there is sufficient experience and competence on this kind of activity in a judicial world for a clear decision to be made. Therefore, I do not support having judicial approval.
Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Lords, 2021-01-11
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): My Lords, I thank all noble Lords who have spoken in this long but worthwhile debate. First, I pay tribute to the noble Lord, Lord Rooker. I could have just referred noble Lords to his speech then sat down, because he made his points so succinctly and brought out some case examples. My noble friend Lord King talked about the recent NCA operation that managed to yield so much thanks to undercover operatives I also echo for a moment the summary by the noble Baroness, Lady Manningham-Buller, and join her in thanking some of the undercover operatives who, as she said, literally risk their lives. I do not know, as I have not met any of them, but she is an expert in this area and, if she says that, I join her in tribute to them. There are no motives ulterior to keeping the public safe. She talked pertinently about oversight combined with the expertise provided for by this Bill and made the point that, when she started, there was no law at all governing the framework of this activity. She also talked about the Independent Reviewers of Terrorism Legislation—the two that were in our House and have contributed so much to this Bill, the noble Lords, Lord Carlile and Lord Anderson—and made the true point that there can be no exact accusation of conflict of interest with them. She talked about the vital role of the IPC—the report he does on a regular basis and the independence of the role. She talked about the double lock and made the point that judges have changed over the years, as the noble Baroness, Lady Kennedy of The Shaws, said, but so have the police and MI5. Noble Lords—the noble Lord, Lord Hain, in particular—will talk about some of the things that happened that under our new legal framework would not be either necessary or proportionate and would be ruled as such I shall start with the Investigatory Powers Commissioner: I want to welcome his most recent annual report, which was published during the passage of this Bill. He already plays an important role in providing independent oversight of this activity. But I have always been clear that the Government are willing to listen to the concerns of noble Lords and consider amendments to strengthen the Bill, providing they do not have an adverse effect on the ability of public authorities to do their job and keep us safe.
Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Lords, 2021-01-11
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): While I have the opportunity, I thank the noble Lord for the conversation we had the other day—it was very helpful in allowing me to know exactly what both noble Lords required. I cannot give that undertaking at the Dispatch Box but I can go back and ascertain just how often the Home Secretary receives these reports and whether the Investigatory Powers Commissioner might be thinking of making more regular reports in future if necessary, or indeed spot reports as and when required. I can certainly undertake to do that.
Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Lords, 2021-01-11
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): It was very good for us to have a chat the other day because we could discuss things that clearly we cannot discuss on the Floor of the House. I completely understood the sensitivity between some very nuanced situations and the purely operational role of the deployment of CHIS for criminal conduct. I will most certainly go back and put those points. Again, I thank the noble Lord for the time he took to discuss his concerns with me.
Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Lords, 2021-01-11
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): My Lords, I echo the words of the noble Lord, Lord Rosser. I heard earlier today that my right honourable friend James Brokenshire had to go in for some more surgery; I pay tribute to him. He is one of the most decent people in politics and an extraordinarily capable Minister. He has never been far from my mind this afternoon, as not only has he mentored me but we discussed and worked closely on every aspect of the Bill. I wish him a very speedy recovery The noble Baroness, Lady Hamwee, seeks to add an explicit requirement for an authorising officer’s belief that the conduct is both necessary and proportionate to be a reasonable one. I have already explained why the Government cannot support this proposal. In fact, the noble Lord, Lord Anderson, almost spelled out the reasons I was going to give, which are a bit of a repetition and with which I am not sure he will be entirely satisfied. However, since Committee I have updated the CHIS code of practice to make it clearer that it is expected that the belief should be a reasonable one I caution against an amendment seeking to include this wording in the Bill, as it would cast doubt on the test that is expected to apply to other authorisations. In particular, it could have unintended consequences for a Section 29 use and conduct authorisation under the Regulation of Investigatory Powers Act. Including the need for a reasonable belief here, creating an inconsistency in the legislation, would create uncertainty over whether the same requirement exists for the underlying Section 29 authorisation. As I mentioned earlier, as a matter of public law, a decision made subject to a discretionary power must be reasonable; that is, the decision must be rationally open to a reasonable decision-maker in possession of the facts in the case The noble Baroness, Lady Hamwee, has also called for the length of authorisations to be reduced from 12 months to four months, with a formal requirement for a monthly review of the authorisation. As I have said, the current authorisation period of 12 months is consistent with the authorisation for the use and conduct of CHIS, which will need to be in place before criminal conduct can be authorised. Keeping the Bill consistent with the powers laid out in Section 29 will ensure that this power remains operationally workable for the public authorities using it While the code of practice is clear that an authorisation must be relied on for as short a duration as possible, and in many cases an authorisation will not last longer than four months, reducing the maximum length risks unintended consequences; for example, a shorter duration could mean that activity is rushed through in a shorter period of time, to avoid renewal or to demonstrate the value of a deployment to support a renewal. This clearly may not be the most effective or safest way of carrying out that conduct. I therefore hope that the noble Baroness is sufficiently reassured to withdraw her amendment.
Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Lords, 2021-01-11
Topic: Law and Crime
Thomas Jeremy King (Conservative, Centre-right): My Lords, I join so many noble Lords in paying a warm tribute to James Brokenshire and sending our best wishes to him. It is very sad to hear the news. I hope for a good and speedy recovery and to hear better news shortly My approach to these amendments is already pretty clear because we are setting up a completely new system. It is now on a statutory basis and has a new and I think generally respected code of practice. It has to report through the judicial commissioner and then the Investigatory Powers Commissioner, to the Prime Minister and Parliament, and to try at this stage to put in all sorts of qualifications seems quite unnecessary Take the issue about adding "serious" to "crime": it seems that in many cases when the police first get some source—some possible informer—they may not be at all clear how serious the crime may be. However, I think we would all feel pretty silly if later on, when very serious crimes were reviewed, they said, "We knew about that, but because we couldn’t tell how serious it was going to be at that time, we never took any action." That would be pretty unforgivable. Therefore, I do not support adding "serious" to these issues I will not say any more about how the issue of economic well-being is linked to national security, as the noble Lord, Lord Carlile, covered the point admirably. There is no question that many things could happen, as the noble Lord, Lord Beith, addressed; he is a former member of the ISC, who took evidence with me. And the noble Lord, Lord West—poacher turned gamekeeper that he is—said that we now see a situation in which many extremely serious things could affect economic well-being. That could involve perhaps many people losing their jobs and significantly higher unemployment, but you could not claim that that is linked to national security With the confusions and uncertainties of the world at present, the cyberattacks and the data war that is going on, I would not wish to qualify, limit or restrict a properly set up and statutorily approved new system with too many qualifications, which may limit the effectiveness of its vital work.
Support for University Students: Covid-19 — House of Lords, 2021-02-08
Topic: Education
Stephen Parkinson (Conservative, Centre-right): The noble Lord is absolutely right to point to the mental health and well-being challenges that the pandemic places on students. The Government are very alive to these. We wrote to vice-chancellors in October, outlining that student welfare must remain a priority during the pandemic. My honourable friend the Universities Minister convened a working group of representatives from the higher education and healthcare sectors to look into what we can do. We have been working with the Office for Students to provide Student Space, which has been funded by up to £3 million to bridge any gaps in support that exist for students and their mental health needs, although I am pleased to say that universities themselves have been doing great work directly with students. Of course, as the noble Lord knows, last week we announced an additional £50 million of funding, on top of the £20 million that we provided in December, to assist students who face hardship at this difficult time.
Support for University Students: Covid-19 — House of Lords, 2021-02-08
Topic: Education
Stephen Parkinson (Conservative, Centre-right): My Lords, those who prey on the vulnerability of students, particularly at this time, deserve our condemnation. We were concerned about online provision from these companies even before the pandemic, and of course we will continue to monitor that.
Support for University Students: Covid-19 — House of Lords, 2021-02-08
Topic: Education
Michael Bruce Forsyth (Conservative, Centre-right): My Lords, I congratulate the Minister on the additional help that has been given to students at this time but, given that we are still charging students an interest rate of 5.6% on student loans while they are studying, when the Government can borrow money at 0.3%, might this not be a good time to implement the Economic Affairs Committee recommendation that we cut the interest rate on student loans?
Support for University Students: Covid-19 — House of Lords, 2021-02-08
Topic: Education
Stephen Parkinson (Conservative, Centre-right): My Lords, my noble friend has long taken an interest in this matter through his work on your Lordships’ Economic Affairs Committee. The Government have already announced that the maximum fees will remain at £9,250 for a standard full-time course, and we intend to freeze the maximum tuition fee caps for 2022 and 2023—the fifth year in succession that maximum fees have been frozen—to make sure that university education is available to, and affordable for, those who want it.
Support for University Students: Covid-19 — House of Lords, 2021-02-08
Topic: Education
Stephen Parkinson (Conservative, Centre-right): We have been prioritising a return to face-to-face teaching for courses which, as the noble Baroness says, have to be delivered in person. They include courses for students studying medical, clinical and healthcare-related subjects, including nursing, social work, dentistry and veterinary studies. Universities have been working very hard to ensure that the quality of tuition they provide is maintained at a high standard, and we have been very clear that it should be. We want to see minimum disruption to people’s study, even during the challenging circumstances of the pandemic.
Support for University Students: Covid-19 — House of Lords, 2021-02-08
Topic: Labor
Stephen Parkinson (Conservative, Centre-right): The right reverend Prelate is right; this has been a challenge. From taking A-levels, to being at university, to graduating: as he says, these are difficult times. The Government are providing support to people going into employment as well as to students currently completing their studies. We want to make sure that we look after people at every stage of that journey.
Support for University Students: Covid-19 — House of Lords, 2021-02-08
Topic: Education
Stephen Parkinson (Conservative, Centre-right): The noble Lord is right to point to the impact the pandemic has had on institutions as well as the students studying at them; I commend the work that they do. The Government have already provided significant support for the higher education sector, bringing forward £2 billion of tuition fee payments, providing £280 million of grant funding for research and establishing a loan scheme to cover up to 80% of a university’s income losses from international students. That, of course, is on top of the generous package of support that my right honourable friend the Chancellor provided for businesses, so we certainly are providing the assistance that institutions need.
Support for University Students: Covid-19 — House of Lords, 2021-02-08
Topic: Education
Stephen Parkinson (Conservative, Centre-right): I am pleased to reassure my noble friend that the hardship funding, including the additional £50 million announced last week, can be distributed to a wide population of students, including international students studying here in the UK. We want to make sure we support people in hardship, wherever they come from.
Support for University Students: Covid-19 — House of Lords, 2021-02-08
Topic: Education
Stephen Parkinson (Conservative, Centre-right): Many universities and accommodation providers have already offered rent refunds for students who have been asked to stay away from their term-time accommodation. We welcome that and strongly encourage others to do the same. We have been asking all providers of student accommodation to make sure that they have the students’ best interests at heart.
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Gabrielle Bertin (Conservative, Centre-right): My Lords, as a member of the Joint Committee that undertook pre-legislative scrutiny of the draft domestic abuse Bill, I know that the extraterritorial jurisdiction provisions of the Bill are intended to fulfil the UK’s obligations under Article 44 of the Istanbul convention. I welcome the fact that these provisions will bring the UK closer to ratifying a convention that we signed in 2012 and which will protect women and girls from violence and abuse My amendments concern a very specific issue—marital rape—where I believe the Bill as presently drafted may leave a potential loophole. I recognise that the drafting of the amendments may itself be imperfect, and my noble friend the Minister will no doubt speak to that, but I would like to explore whether the Bill could be strengthened so that people from this country cannot exploit laxer laws elsewhere In this country, the common-law presumption of a marital exemption from the offence of rape was overturned by your Lordships’ House in the case of R v R in 1991. Some countries similarly do not have any exemption for marital rape, and in others marital rape is explicitly criminalised, but there is a small minority of countries in which marital rape is not illegal. As drafted, the Bill appears to require that a prosecution for rape and other sexual offences committed against adult victims outside the UK may be brought in the UK only when the offending behaviour is also an offence in the country where it happens, but that requirement could prevent us prosecuting someone for marital rape committed outside the UK, if such behaviour is not included in or is exempt from the equivalent offence in the other jurisdiction This may be a small gap. I certainly hope that there would not be many, if any, cases of marital rape perpetrated by a UK person in a country that does not consider such behaviour to be a crime, but I believe that, if there is potential for this to occur, we should act to prevent it. I beg to move.
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Macroeconomics
Susan Williams (Conservative, Centre-right): The right reverend Prelate is right to raise the point about sustainability, long-term solutions and what happens after the pilot scheme has taken place. It is precisely because we want to identify where the gaps lie and where long-term funding might be needed that we have done this pilot scheme. With that, as I have said throughout the course of this debate, it is our intention to review the matter when that pilot scheme has finished. But the point about funding is one that is well made, because we can have all the legislation in the world and if the funding is not in place there is no point.
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Gabrielle Bertin (Conservative, Centre-right): My Lords, it is an honour to follow the noble Lord, Lord Paddick, in this important debate; he speaks movingly and powerfully on this issue. I support Amendment 157, for which the noble Lord, Lord Hunt set out the argument very well, but I will speak primarily in support of Amendment 149, tabled by the noble Baroness, Lady Lister, to which I have also put my name. I also wish to thank her for all of her work in this area, and for eloquently speaking to this amendment, setting out in forensic detail why it is needed David Challen, son of Sally Challen, wrote movingly today in the Times. He said that leaving an abuser can be the most defining moment of a victim’s life. The fear of what will happen when they separate from their abuser is often overcome by an instinct of survival and the hope that they will be protected. However, as the law stands on coercive and controlling behaviour, victims who leave are not protected It is obvious that coercive control does not end when a relationship does and that very often the exact opposite happens, and the abuse escalates. As many noble Lords have said, this is particularly true of economic abuse, which does not require physical proximity to perpetrate, but can have a crippling effect on victims as their abuser seeks to make their life as hard and as financially unstable as possible. We also need to remember how often children are caught up in the continuation of this kind of abuse, with child maintenance very often being turned off and on like a tap. It is therefore absolutely right that the definition of domestic abuse in this Bill will include economic abuse and also recognises that the abuse can continue when the couple split up. We now need to take this opportunity, as others have said, to amend the Serious Crime Act 2015 to bring coercive control in line with the far better drafting of this Bill Not accounting for post-separation abuse is a serious shortcoming of the offence. Given that separation, as we have heard from other noble Lords, is a time at which women are at heightened risk of homicide, this shortcoming is dangerous, too. The Government made the point that existing legislation on stalking and harassment already addresses post-separation abuse. Like others, I absolutely do not accept that. These crimes are not the same and to suggest otherwise shows a lack of understanding about all these offences. I also do not believe that the Government’s outstanding report on controlling and coercive behaviour should stand in the way of this vital opportunity before us If the law on coercive control stays as it is, what kind of signal do we send to victims? It is this: "Stay put and we can charge him, but if you leave, we can’t touch him." This makes no sense at all and must change. Failing to recognise that these abusive behaviours can occur post separation creates a dangerous gap in our understanding of this crime and would leave too many victims without the proper justice they deserve.