argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Lords, 2018-03-19
Topic: Government Operations
Douglas Hogg (Conservative, Centre-right): My Lords, I shall speak to Amendment 248 in my name. Because of the lateness of the hour I will speak briefly, but throughout these debates the Committee has repeatedly expressed concern about the scope and nature of the SI procedure. Time and again, noble Lords in Committee have said, "This is not amendable. We cannot change what is proposed. This is government by fiat and declaration". The noble Lord, Lord Beith, and I spent many years in the House of Commons, where we lamented the fact that statutory instruments could not be amended. It is a great defect in our constitutional process. Statutory instruments are a form of legislation; in fact, they are a form of legislation by fiat or declaration—and that is an extraordinary thing in a parliamentary democracy The amendments that I have tabled have just two objectives: one is to assert the primacy of the House of Commons, which must have primacy in these matters, and the other is to say that legislation should be amendable. As two propositions, they are wholly unobjectionable. What are the objections, if there be any? Actually, they are the objections of the Executive throughout the centuries: it makes life for the Government rather more difficult. As a parliamentarian, I am bound to say that I do not find that a very impressive argument.
European Union (Withdrawal) Bill — House of Lords, 2018-03-19
Topic: Government Operations
Annabel Goldie (Conservative, Centre-right): That would of course entirely depend on the circumstances of the instrument, the extent of the change being effected by the instrument and what was an appropriate response to the concerns being raised. I am certain that the Government would respond in a sensible manner if that situation were to arise I repeat that it is for primary legislation to set a policy direction and establish the framework in which government may operate. Secondary legislation has a different place in our legal framework. The Hansard Society, which many in the House will accept as an expert source in this area, has said that the power to amend SIs would be, "essentially undermining the principle of delegation" If wider review of the legislative process is proposed—as a number of noble Lords would like—this Bill is not the place to do it. I note the recommendation of the Constitution Committee, in its report The Process of Constitutional Change, that substantial constitutional change should be clear when a Bill is introduced. This Bill is substantial in its repeal of the ECA, but that was clear even before the Bill was introduced and I do not think a change of this type would be appropriate for a Bill which has already completed its passage through the other place In the other place, my right honourable friend Dominic Grieve proposed a triage mechanism and both he and the Government accepted the sifting mechanism proposed by its Procedure Committee. This will increase the transparency surrounding secondary legislation, but will not change its nature. Secondary legislation can be scrutinised and debated and, indeed, can be of great importance. However, its purpose is to fill in the spaces where Parliament has set a course under primary legislation and empowered the Government to provide for the details in subordinate instruments. As has already been said, if Parliament is not content with an SI, it can be rejected and the Government can consider and return with another. To open statutory instruments to amendment would essentially be to create a new kind of legislation, without the scrutiny afforded to primary legislation but, at the same time, conferring on the new kind one of the essential qualities of primary legislation.
European Union (Withdrawal) Bill — House of Lords, 2018-03-19
Topic: Government Operations
Anne McIntosh (Conservative, Centre-right): If the Government are not minded to accept an amendment to statutory instruments under these circumstances, where there is a substantive policy change, would they be minded to bring back that proposal as an Act of Parliament, so that all the proper scrutiny procedures could be undertaken?
European Union (Withdrawal) Bill — House of Lords, 2018-03-19
Topic: Government Operations
Annabel Goldie (Conservative, Centre-right): I have tried to make it clear that we are not attempting to equate delegated legislation with primary legislation. I have been trying to clarify when the Government consider primary legislation is appropriate and should be used—for policy change, for example. However, we are in an extraordinary situation, as all noble Lords acknowledge. It is beyond argument that the Government are having to contemplate the transfer of a body of law of huge volume and massive complexity. We owe it to the people and businesses that rely on that law to make a good fist of getting it transferred from A to B by the critical point of exit day My noble friend Lady McIntosh mentioned the Civil Contingencies Act 2004, which is one of the very few examples of where statutory instruments made under an Act can be amended by Parliament. The emergency regulations made under that Act are very unusual instruments. The nature of the situation with which they are intended to deal is self-explanatory. It is in a state of emergency and is such that Parliament cannot scrutinise these instruments before they are made. None of the normal scrutiny procedures of this House applies. That is intrinsic to the very unusual approach under that Act, drafted for unusual and extraordinary circumstances. Noble Lords may be interested to note that in the history of the Civil Contingencies Act no Government have ever made any emergency regulations We are not proposing in this Bill anything of the sort of action envisaged by the Civil Contingencies Act. I cannot think that allowing amendable SIs is the solution to the concerns expressed by my noble friends. Nor, I repeat, is reform of the legislative process the role of this Bill. It is merely intended to provide continuity and certainty in our statute book The amendments would not only fundamentally alter the nature of secondary legislation but imperil the Government’s programme of secondary legislation and Parliament’s opportunity to scrutinise it. If this legislation is subject to continued movement back and forth, we run the risk that crucial provisions are not in place in time to allow businesses and individuals to prepare for exit, and that so many SIs would become bunched at the end of the process that they would not be properly scrutinised. I have endeavoured to deal—I hope—fully with the very important points raised by colleagues in the Chamber, and I hope that my explanation reassures noble Lords and the noble Baroness. I ask that the amendment be withdrawn.
Mental Health — House of Lords, 2018-02-27
Topic: Law and Crime
Caroline Chisholm (Conservative, Centre-right): That is true. It is often unfair to ask the police to deal with such a situation. Police forces are now meant to have a liaison officer to take with them and that is working quite well. However, as the noble Baroness said, this will also be looked at in the review because, quite often, the police are the first ones called to go to someone’s house, and it is important that they have with them someone who is trained and knows how to deal with the particular person.
Mental Health — House of Lords, 2018-02-27
Topic: Social Welfare
Caroline Chisholm (Conservative, Centre-right): I do not have the figures so I will have to get back to the noble Baroness. As she pointed out, however, the idea is that people should be discharged into the community. I will get back to her on the numbers.
Office for Students — House of Lords, 2018-02-27
Topic: Education
James Younger (Conservative, Centre-right): My Lords, the noble Lord asked a number of questions and I will attempt to answer them. On the question about delay, we understand that this was the first formal investigation under the Government’s code, and formal timelines had not yet been identified for such an investigation. This necessitated liaising with colleagues in the Cabinet Office who led on the Government’s code. Much has been said about the failings in respect of the Toby Young appointment, as the noble Lord put it, and I informed the House of our views on that. As I promised, lessons are being learned and have been learned. The department has set up a nominations committee as a result of the issues that have arisen, so action is being taken within the department to ensure that these problems do not occur again. That action particularly focuses on the due diligence involved. I emphasise that the 40,000 to 50,000 tweets were obnoxious and salacious and must not occur again; the department must improve the due diligence. I assure the noble Lord that the Office for Students is independent, but as he will of course know from the debates on the Higher Education and Research Bill, the ultimate responsibility lies with the Secretary of State.
Office for Students — House of Lords, 2018-02-27
Topic: Education
James Younger (Conservative, Centre-right): First, in response to the noble Lord’s comments about the Office for Students, I have made it clear that lessons needed to be learned. Altogether there were 14 appointments, and the process of due diligence normally went well for the other appointments. Let me make it clear, however, that we are learning lessons from the Toby Young appointment. It is important to get a bit of perspective on this. On the student appointment, we have said that lessons need to be learned about the Government’s failure to make it clear that this was an interim appointment. I reassure the noble Lord that, for future appointments, with the lessons learned, this will not happen again. In putting some perspective on this, however, it is in order for Ministers to recommend names, but it is not in order for them to go further than that. They can recommend names, and then it is over to the panel to independently select suitable candidates. On the make-up of the nominations committee, it is led by a number of non-executive directors—three to be precise, but I will need to confirm that with him On social media, I feel that I have covered that already, notwithstanding the Urgent Question today. Lessons have been learned on undertaking due diligence in looking at the social media issues that arose over the Toby Young appointment. As for the noble Lord’s question about the New Schools Network, that is very much a matter for it. The New Schools Network is a small independent charity. I do not want to go further on that front.
Office for Students — House of Lords, 2018-02-27
Topic: Education
James Younger (Conservative, Centre-right): I think the noble Baroness and I have had an exchange on the make-up of the Office for Students before. It is important that the members of the panel represent a broad range of areas within the higher education sector, and indeed the further education sector. I reassure her that there are some representatives covering further education. However, I also reassure her that that issue will be borne in mind when further and final appointments are made.
Office for Students — House of Lords, 2018-02-27
Topic: Government Operations
James Younger (Conservative, Centre-right): I think I have made it clear to the House—and I shall make it clear to the noble Lord—that lessons are being learned. We will respond to the views of the Commissioner for Public Appointments on this process. It may well be that we look at the Ministerial Code, but I cannot confirm that. We have already said that lessons need to be learned regarding the mistake that was made in not declaring that that this was an interim appointment for the student representative.
Space Industry Bill [HL] — House of Lords, 2018-02-27
Topic: Technology
Elizabeth Sugg (Conservative, Centre-right): My Lords, these amendments cover issues debated during the passage of the Bill through both Houses I know noble Lords will agree that the Space Industry Bill is an important step to ensure that the UK space sector is at the forefront of a new commercial space age. It is important that our scientists, engineers and entrepreneurs are equipped to take advantage of this opportunity On Amendment 1, noble Lords may recall our useful debates on the requirement for environmental protection to be set out in the Bill. I thank the noble Lords, Lord Rosser and Lord McNally, and the noble Baroness, Lady Randerson, for their valuable contributions to this debate. These debates resulted in an additional licence condition being inserted into Schedule 1, enabling the regulator to require an assessment from an applicant of the impact noise and emissions are expected to have on the local community. Noble Lords did not consider that this amendment alone went far enough to afford the environmental protection to which spaceflight activities ought to be subject. On Report, I committed to the Government tabling a further amendment in the other place to address this. I am pleased to report that such an amendment has been inserted into the Bill by way of a new Clause 11. Amendment 1 places a mandatory requirement on an applicant for either a launch or a spaceport licence to submit an assessment of the environmental effects of their proposed activity. The regulator must take the assessment into account before a licence is granted. I hope noble Lords will agree that the amendment provides robust environmental protection in the Bill as requested I turn to Amendments 2 to 5, which also reflect a commitment I made on Report to ensure that the uninvolved general public have easy recourse to compensation if something goes wrong. This followed a helpful debate and I thank the noble Lord, Lord Tunnicliffe, for leading the way on this issue and the noble Lord, Lord McNally, for his support of it. As highlighted throughout the passage of the Bill, safety is our priority. The provisions are designed to ensure that spaceflight activity is as safe as possible and that risks to third parties are minimised. However, where injury or damage occurs, third parties should have easy recourse to compensation; this remains the case even when an operator’s liability to third parties is capped. These amendments turn the discretionary power in what is now Clause 35(3) into a duty. This means that if an operator’s liability is capped under Clause 35, the Government are required to pay compensation to the public for any claims for injury or damage above the capped amount I hope noble Lords will agree to support the Motion to approve these Commons amendments, which reflect commitments I made during our discussions on the Bill. I beg to move.
Space Industry Bill [HL] — House of Lords, 2018-02-27
Topic: Technology
Elizabeth Sugg (Conservative, Centre-right): My Lords, first, I thank noble Lords for participating in this short debate and for their support for the amendments to the Bill. Indeed, this cross-party support has been clear during the passage of the Bill through your Lordships’ House. As ever, the scrutiny and analysis of noble Lords has improved the Bill The Bill will deliver on the Government’s ambition to take the UK into the commercial space age by enabling small satellite launch and suborbital spaceflight from UK spaceports, whether it be the Moynihan Prestwick one or the McNally Newquay one, as we might now call it. There is no shortage of ambition in the UK, with a number of potential spaceports and launch companies developing plans to offer UK launch services. The Bill provides the modern regulatory framework needed to enable this exciting and empowering opportunity for our thriving space sector, but also addresses the important concerns around the environment and communities. This will help ensure that the UK is one of the best places to start, grow and invest in space businesses.
Laser Misuse (Vehicles) Bill [HL] — House of Lords, 2018-02-27
Topic: Transportation
Elizabeth Sugg (Conservative, Centre-right): My Lords, I rise to move Amendment 1 and speak to Amendment 3, which is grouped with it. Amendment 1 would replace "on a journey" with "moving or ready to move". At Second Reading and in Committee, the definition of "on a journey" was the topic of extensive discussion and I am grateful to the noble and gallant Lord, Lord Craig, and the noble Lords, Lord Trefgarne, Lord Balfe and Lord Rosser, who contributed to those discussions and made such helpful suggestions Our intention in the Bill has always been to capture when a vehicle is in motion and also when it is stationary but about to travel, as there is still a safety risk if the person in control were to be dazzled or distracted at this stage. This includes journeys of any length and journeys that begin and end in the same place, such as training flights. It also includes taxiing in the case of aircraft, as well as temporary stops, such as at a train stations, bus stops, traffic lights or when waiting to take off. To clarify this, the Government have laid the amendment to remove the references to "journey" and refer instead to when a vehicle is "moving or ready to move". This wording is wider than "journey" and removes the ambiguity of what actually constitutes a "journey" To strengthen this further we have, in Amendment 3, defined that when a mechanically propelled vehicle’s engine or motor is running, it should be treated as being ready to move. It is important that we include all safety-critical points, for example when an aircraft is at a stand, as this could have safety implications for persons on the ground in the immediate vicinity. The amendment does not change the policy intention of the Bill but does provide greater clarity, which I hope noble Lords will welcome. I beg to move.
Laser Misuse (Vehicles) Bill [HL] — House of Lords, 2018-02-27
Topic: Transportation
Elizabeth Sugg (Conservative, Centre-right): On the point made by the noble Lord, Lord Berkeley, perhaps we could wait to discuss the definition of "vehicle" until the fourth group, as Amendment 5 refers to exactly that. The amendments in this group clarify what we intend the Bill to cover and ensure that all safety-critical points are included. On that basis, I beg to move.
Laser Misuse (Vehicles) Bill [HL] — House of Lords, 2018-02-27
Topic: Law and Crime
Elizabeth Sugg (Conservative, Centre-right): My Lords, the noble Lord, Lord Tunnicliffe, and I have discussed this matter and I have written to him on the subject. I have also discussed this at length with colleagues in the Ministry of Justice, and I will attempt to set out the reasoning behind why we are resisting the amendment The Government believe that removing the requirement to dazzle or distract would widen the offence more than is appropriate, thereby criminalising behaviour that would not cause harm. It is government policy and part of the better regulation agenda not to criminalise behaviour unless it is absolutely necessary, which includes focusing any offence on the behaviour it seeks to address. Criminal law ought not to be more extensive in scope than is necessary to achieve its purpose. In creating criminal law, a balance has to be drawn between protecting society and individual rights, and an act generally should not be condemned as criminal where there is no risk of a harmful effect on the public or society. The offence in this Bill has already been widened from the original contained in the Vehicle Technology and Aviation Bill because it now covers when pointing a laser at a vehicle is, "likely to dazzle or distract" This means that the prosecution will not necessarily need to prove that the laser dazzled or distracted if it presented a clear risk and potential to do so. Evidence of that could come either from the person whom the laser is attempting to dazzle or distract, or from eyewitnesses Furthermore, this will be a strict liability offence. Such an offence requires no proof of intention or knowledge of wrongdoing and therefore should be kept within appropriate bounds. There is no need to prove intent to harm, or to dazzle or distract. When the police try and prosecute more serious cases under the offence of endangering an aircraft, they are required to prove recklessness or negligence, which can make prosecutions difficult. Under the new offence, it will no longer be necessary to prove that the accused was reckless or negligent. It is therefore the Government’s opinion that the offence as it is now drafted will make it easier to prosecute without going further and criminalising behaviour that does not present a risk to the public I hope that that explains the reasoning for resisting the amendment and satisfies the noble Lord. However, I have heard the arguments and would be interested as to whether he would like us to consider the matter further.
Laser Misuse (Vehicles) Bill [HL] — House of Lords, 2018-02-27
Topic: Transportation
Elizabeth Sugg (Conservative, Centre-right): I am very grateful to the noble and gallant Lord, Lord Craig, for tabling the amendment. As I said, it has always been our intention to cover all persons in control of a vehicle, and it is of course important to include all members of the flight crew who are in control of the aircraft or have a safety-critical role in monitoring its control. I hope that my acceptance of the amendment reassures the noble Baroness, Lady Randerson, that a co-pilot will indeed be covered. I reiterate my thanks to the noble and gallant Lord for lending his expertise to this and other areas of the Bill. I fully agree that the amendment strengthens the legislation, and the Government support it.
Laser Misuse (Vehicles) Bill [HL] — House of Lords, 2018-02-27
Topic: Transportation
Elizabeth Sugg (Conservative, Centre-right): I thank all noble Lords for their contributions on this group. All the vehicles mentioned by the noble Lord, Lord Berkeley, would be covered under the definition of a vehicle as, "any vehicle which is used for travel by land, water or air" We have brought forward this amendment so that the definition does cover things comprehensively, not just a limited list As the noble Baroness, Lady Randerson, said, the Bill has changed during its progress through the House. It is an excellent example of the improvement that this House can bring to a Bill. I thank all noble Lords for their contributions to that improvement.
Laser Misuse (Vehicles) Bill [HL] — House of Lords, 2018-02-27
Topic: Transportation
Elizabeth Sugg (Conservative, Centre-right): My Lords, Amendment 6 creates a new offence of shining or directing a laser towards air traffic control which dazzles or distracts, or is likely to dazzle or distract, a person providing air traffic services. The inclusion of air traffic control in the Bill has seen cross-party support, including from the noble Lords, Lord Tunnicliffe and Lord Monks, and the noble Baroness, Lady Randerson, who tabled amendments on this subject in Committee. We have listened to these concerns. Air traffic control personnel have an important responsibility in controlling and monitoring the movement of aircraft. I agree that a laser attack on a person carrying out these duties presents clear safety concerns and could endanger aircraft. The Bill was originally drafted to deal with the safety risks faced when a laser distracts or dazzles the person in control of a vehicle, but including air traffic control fits with the underlying principle of the Bill and goes further to protect the travelling public Before tabling this amendment, we consulted a range of stakeholders including BALPA, NATS and the UK Laser Working Group. They are all supportive of this new clause. We are treating shining a laser beam at air traffic control in the same way as shining a laser beam towards vehicles, with the same defences and punishments. There is a clear case for this amendment in the interest of public safety, and I am grateful to noble Lords for highlighting this and so improving the Bill. I beg to move.