argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Civil Rights
Stephen Patrick Gethins (Scottish National Party, Centre-left): I will not give way at the moment; I will make some progress, as I promised I would. This is the question: in any future referendum on any issue, are we all free to say whatever we like, because nobody will be held to account for what has been said?
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): I am sympathetic to the arguments the right hon. Lady is putting forward. Following on from the intervention of the hon. Member for Bromley and Chislehurst (Robert Neill), does the right hon. Lady agree that if people’s legitimate expectations and right to an effective remedy are withdrawn as a result of Government action, those individuals might have cause for action against the Government under the European convention on human rights?
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Immigration
Stephen Patrick Gethins (Scottish National Party, Centre-left): I am loth to interrupt my hon. and learned Friend, who is making a powerful case for legal certainty, but does she agree that a wide range of industries and other organisations will need legal certainty, certainly around freedom of movement, such as our education sector and food and drink sector? Does she also share my concerns about the reports that have come from the Financial Times this evening that the Secretary of State for Exiting the European Union says that bankers and other professionals have been promised a special post-Brexit travel regime? If we are going to have freedom of movement and the benefits that brings, we should not just be protecting the bankers.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Immigration
Joanna Catherine Cherry (Scottish National Party, Centre-left): I am grateful to my hon. Friend for bringing this matter to the Floor of the House. I was made aware of it just before I got to my feet. If the Financial Times report is correct that the Government are going to give special deals for certain professions, that will come as a great shock to the other professions that will not get such a special deal, and a particular shock to cross-party colleagues in the Scottish Parliament who have asked for a separate deal on immigration in Scotland, as have Unison, the chambers of commerce in Scotland and the Institute of Directors. I look forward to the Secretary of State for Exiting the European Union coming to the House to explain what is going on here To returning to the issue of legal certainty, the Institute for Government looked carefully at different tests that might be put on this Bill to direct the courts, and expressed the view that if Parliament passes the buck on this question to the judges, it will leave the judges open to fierce political criticism. We have already seen the sort of fierce political criticism that the judges got earlier this year, and regardless of the different views we might have about the British constitution, all of us can probably accept that the independence of the judiciary is a fundamental part of any constitution that recognises the rule of law. We perhaps do not have to look too far from home in the EU at present to see a judiciary that is not independent, but I digress We need an independent judiciary in this country, and we have one, but it has to be protected from criticism because judges cannot go into print to defend themselves when criticised. We must provide the courts with a specific legal test on the face of the Bill governing the treatment of Court of Justice case law after Brexit, and that is what my amendment 137 seeks to achieve.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Mixed Topics
Joanna Catherine Cherry (Scottish National Party, Centre-left): My amendment 137 seeks to ensure that: "When interpreting retained EU law after exit day a court or tribunal shall pay due regard to any relevant decision of the European Court." The Minister questioned the term "due regard", but it is not unknown to international law. The Lugano Convention on the mutual recognition on enforcement of judgments, to which EU and non-EU states are signatories, talks about paying "due account", but I have followed the recommendation of the organisation Justice that it is clearer and better English to talk about paying "due regard". Under the Human Rights Act 1998, we have a duty to take account of decisions of the Court of Justice, so paying "due regard" to taking account of such decisions is not a phrase unknown This amendment is not a Trojan horse designed to continue references after Brexit, and I say that as someone who does not want Brexit to happen. It is designed to create certainty for individuals, businesses and litigants, and also for the judiciary. It would leave it open to British courts to disagree with the Court of Justice’s interpretation, even if its case law was relevant to the case. It would not—as the Government’s current draft does—give an unfettered, politically controversial discretion to consider or ignore Court of Justice decisions as our courts saw fit The test set out in my amendment has three advantages. First, it would create legal certainty for individuals and businesses. Secondly, it would provide political cover for the courts. Thirdly, it seems to fit with the preference of the judiciary, who want a clear instruction. In recent evidence to the House of Lords Constitution Committee, Lady Hale, the new President of the Supreme Court, said: "It should be made plain in statute what authority or lack of authority, or weight or lack of weight, is to be given to the decisions of the Court of Justice of the European Union after we have left, in relation both to matters that arose before we left and, more importantly, to matters after we leave. That is not something we"— she means "we, the judges"— "would like to have to make up for ourselves, obviously, because it is very much a political question, and we would like statute to tell us the answer." In my submission, under my amendment, statute would tell the judges the answer That is not just my view. The Institute for Government looked at the various options and concluded that the wording that I now propose would license courts in the UK to refer to the Court of Justice’s reasoning in future judgments without making those Court of Justice judgments binding on the UK courts—
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): I am familiar with that book, but I do not think that it has any relevance to what I am saying at the moment. I remind the hon. Gentleman the Lady Hale is the President of the Supreme Court of the United Kingdom, and she has made the point that what she and her fellow judges require from the Government and the House is clarity in the directions as to how they are to treat the future jurisprudence of the Court of Justice of the European Union, because if the guidance is not clear, they will come under the sort of political attack that I am sure the hon. Gentleman, who is a great supporter of the British constitution, would abhor, as I do—although I might actually prefer a Scottish constitution As I said earlier, this amendment is not a Trojan horse. It is the result of careful consideration by the organisation Justice and by the Institute for Government. It also has the support of the TUC and, I am delighted to say, the Labour party, as well as the Equality and Human Rights Commission and the Fawcett Society. One reason the Equality and Human Rights Commission is so keen on this amendment is because it is also important for rights protections. It is important to remember that EU law is largely about the rights of individuals. The Government’s position paper, published in the summer, seemed to imagine that EU law was all about disputes between the United Kingdom and the EU, but it is not. Most people who make references to the Court of Justice do so in the determination of their individual rights or their rights as a business.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): That is what modern courts do. If the right hon. Gentleman cared to study the jurisprudence of the supreme courts of the United States, Australia or New Zealand, he would find that that is what courts in adversarial jurisdictions do. I sometimes wonder whether the right hon. Gentleman’s real objection, and those of his ilk on the Government Benches, is not to the European Union, but to the very idea of courts and the rule of law itself Anyway, as well as creating legal certainty and protecting the judiciary, amendment 137 is also important for protecting individuals’ rights. If the UK’s courts do not pay due regard to decisions of the Court of Justice, there will be no provision to ensure that rights in the United Kingdom keep pace with EU rights after Brexit or even to encourage that to happen. That could lead to rights upheld domestically lagging behind international standards, which I am sure we would want to avoid.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): I agree with my hon. Friend, and that is probably why the TUC supports my amendment To keep rights up to similar international standards is particularly desirable in areas that require a degree of co-operation and reciprocity, such as consumer rights, equality protections and environmental standards. The Exiting the European Union Committee, of which I am a member, has heard much evidence recently about the importance of preserving rights protections after Brexit. EU case law has had an important impact on equality rights in the UK, and my amendment seeks to ensure that British courts will continue to pay due regard to that jurisprudence as our law develops. I urge all hon. Members to give amendment 137 their support in the interests of achieving legal certainty, protecting the rule of law, protecting the judiciary from political attacks and protecting our constituents’ rights I turn now to pending cases and amendments 202 and 203, which I am grateful to the Law Society of Scotland for drafting. There is currently nothing on the face of the Bill about what will happen to litigation pending at the time of exit day. There just is not anything. If there is, I am sure a Minister will point me to it later As the right hon. Member for Chesham and Amersham said, this is all about legitimate expectations. As I said when I intervened on her, if the Government do not move in the Bill to protect the legitimate expectations of litigants, they could find themselves being litigated against for failing to provide an effective remedy Of course, it would be objectionable on the ground of retrospectivity if a simple cut-off happens on exit day and if no consideration is given to pending cases, as other hon. Members have said. Such a situation is not without precedent. As I said in my intervention on the Minister of State, Ministry of Justice, the hon. Member for Esher and Walton (Dominic Raab), one precedent is the way in which the transition from the Privy Council to the New Zealand Supreme Court was dealt with, and I urge the Government to look at that. I urge all hon. Members carefully to consider the amendments designed to protect pending cases and pending litigation on exit day.
Hurricane Irma: Government Response — House of Commons, 2017-09-12
Topic: Mixed Topics
Patrick John Grady (Scottish National Party, Centre-left): What discussions is the Minister having with the commercial airlines that operate services in and out of the British Virgin Islands? I have been contacted by a constituent whose sons in Tortola in the BVI have been sheltering in a house with 11 people and assorted dogs. They are all safe, but they were hoping to get out on a flight this afternoon. However, they have been unable to make contact with British Airways to find out whether it will actually depart. Apparently the phone lines just keep ringing out. What steps are the Government taking to support commercial operators in emergency situations to ensure that there are clear lines of communication between those affected, their families and the airlines?
Finance Bill — House of Commons, 2017-09-12
Topic: Domestic Commerce
Stewart Hosie (Scottish National Party, Centre-left): The Financial Secretary uses the example of someone who works through a company, and compares that with a wealthy investor with a large portfolio. The concern many of us have is for the small businessperson—the owner-proprietor—with a start-up business earning a very modest wage who relies on the £5,000 tax-free dividend in order to make ends meet. What consideration has he given in that regard?
Finance Bill — House of Commons, 2017-09-12
Topic: Domestic Commerce
Stewart Hosie (Scottish National Party, Centre-left): Would it not be better for this Government, instead of allocating spending into the next Parliament, to spend that money now and invest in something like a national investment bank so that they and other bodies will have the ability to mitigate the damage a hard Brexit will cause?
Finance Bill — House of Commons, 2017-09-12
Topic: Domestic Commerce
Kirsty Ann Blackman (Scottish National Party, Centre-left): I agree with my colleague. Given the uncertainty that businesses are facing and their concerns, now is the time to make those decisions and to try to raise the confidence of businesses. This is a real issue, and one that the Government have dodged When we debated the Ways and Means resolutions, I mentioned the proposals on museums and galleries, which are in clause 21. I raised the fact that the Value Added Tax (Refund of Tax to Museums and Galleries) (Amendment) Order 2017 has not, as far as I am aware, been laid yet. On 17 July, in response to a written question from my hon. Friend the Member for Glasgow Central (Alison Thewliss), the Government said that that would happen as soon as possible, but as far as I am aware the motion has not yet been tabled. If the Minister gets the chance later, I would very much appreciate it if he said when he does plan to lay the order, because that would be very useful for museums and galleries.
Finance Bill — House of Commons, 2017-09-12
Topic: Mixed Topics
Alison Emily Thewliss (Scottish National Party, Centre-left): I have asked some questions about this. My hon. Friend will be aware that organisations such as the Glasgow Women’s Library have had extensive refurbishment work done to their properties, and the VAT refund they can claim will mean quite a lot to small organisations that have made investments in their facilities.
Finance Bill — House of Commons, 2017-09-12
Topic: Other
Stewart Hosie (Scottish National Party, Centre-left): Obviously this has very little to do with the Finance Bill, but for the sake of completeness, the right hon. Gentleman might want to remind the House that the Scottish National party won the election in Scotland with a majority, which is something that the Tories do not have. As for nationalism, I think he should perhaps look in the mirror and reflect on his British nationalism before he casts aspersions on anybody else.
Finance Bill — House of Commons, 2017-09-12
Topic: Mixed Topics
Kirsty Ann Blackman (Scottish National Party, Centre-left): Is not the problem that young people do not have enough money to save, rather than not enough different methods of saving? There is a lack of money in the system. Wages are not rising and inflation is increasing, and young people cannot afford to save because they are spending too much on rent and they are in precarious jobs.
Finance Bill — House of Commons, 2017-09-12
Topic: Housing
Kirsty Ann Blackman (Scottish National Party, Centre-left): I do not know whether the hon. Gentleman has seen the Finance Secretary’s announcement today about the Barclay review, but it would be a good idea for him to have a look at it, particularly the part about property rates for new empty properties.
Nomination of Members to Committees — House of Commons, 2017-09-12
Topic: Other
Peter Wishart (Scottish National Party, Centre-left): Parliamentary democracy, and I say this candidly, is sometimes messy. There are sometimes issues and difficulties, but the way to do our business is enshrined in centuries of tradition and convention. We have a Second Reading, we send a Bill to Committee and then it comes back on Report. We then have a Third Reading before sending it to the unelected cronies down the corridor. That is how we do business in the House. Sometime it does not work out quite perfectly, and we have to accept that.
Nomination of Members to Committees — House of Commons, 2017-09-12
Topic: Other
David Melvyn Linden (Scottish National Party, Centre-left): I caution my hon. Friend not to take lectures from the Government on democracy. I remind him that he won his election and that his opponent has been stuffed into the House of Lords, so he should take no lectures from the Conservative party.
System of obtaining Permanent Residence Certification — House of Commons, 2017-09-12
Topic: Immigration
Thomas Sheppard (Scottish National Party, Centre-left): I rise to present a petition relating to the system of obtaining permanent residence certification in the United Kingdom. This petition signed by my constituents and a similar petition signed by another 200 of my constituents express concern at the difficulties many EU citizens living in the UK face in obtaining permanent residence. I wish to record, in particular, the efforts of Uta Rosenbrock in bringing this matter to my attention and that of the House The petitioners request that the House urges the Government to change the procedures for obtaining permanent residence, and they detail seven specific reforms that would improve the process, which I invite Members of the House to study in detail The petition states: The petition of residents of the UK, Declares that the current system of PR discriminates against many groups of EU/EEA residents and their non-EEA spouses/ civil partners; further that this reform will facilitate EU/EAA nationals to obtain Permanent Resident Certification/Card (PR), currently mandatory to become UK citizens (for those who wish to do so) The petitioners therefore request that the House of Commons urges the Government to ensure that British spouses/civil partners to be considered as sponsors or their EU/EEA spouses/civil partners in PR applications; further to scrap Comprehensive Sickness Insurance as PR requirement for EU/EEA students, homemakers, carers, retired and disabled people or applicants self-sufficient through other income, including their non-EEA spouses/civil partners; EU/EEA nationals, their spouses/civil partners, their children, who have exercised treaty rights for less than 5 years, to complete their journey to PR; further that parents/carers of British citizens to obtain PR automatically; further that spouses/civil partners of UK service men/women to acquire PR without proof of residency; further that PR to be protected under UK law; further that type of residency evidence, currently accepted for PR/ILR, to be accepted for UK citizenship; further that leaders are urged to act now to reform the system of obtaining Permanent Residence Certification/Card (PR) And the petitioners remain, etc [P002051]
Universities UK/Universities Scotland — House of Commons, 2017-11-06
Topic: Immigration
Carol Frances Monaghan (Scottish National Party, Centre-left): Despite any increases that the Minister may cite, the diversity of those students has narrowed dramatically. Higher education depends on the ability to attract and retain talent from across the world. The Minister will be aware that since 1998, Canada’s provincial nominee scheme has operated successfully, allowing provinces to vary immigration policy to suit their own requirements. I understand that the UK Government are anti-immigration, but Scotland is not. Will the Minister tell Universities Scotland what discussions he is having with the Home Office about the reinstatement of the post-study work visa?
Grenfell Recovery Taskforce — House of Commons, 2017-11-06
Topic: Housing
Stuart Campbell McDonald (Scottish National Party, Centre-left): I thank the Secretary of State for his statement. I join him and the shadow Secretary of State in thanking the taskforce members for their work. The report rightly recognises that the people of Grenfell and north Kensington were utterly failed, including by a sluggish and chaotic response in the aftermath of disaster I have questions on two issues, the first of which is rehousing. I share the utter dismay at what the report calls a "painfully slow" speed of progress. The Secretary of State has rightly recognised that his Government must not shy away from a share of responsibility, so is he satisfied that there are sufficient staff working on, and sufficient resources being invested in, rehousing? Are families having sufficient opportunities to meet staff face to face to discuss options, rather than being left alone to search for possible opportunities? What support will the Government provide for increased housing costs, if that is what is takes to find and secure suitable accommodation? The Secretary of State will be aware that there have been criticisms of the nature of some housing offers. Will he tell us how many offers have been refused because properties were located too far from a family’s previous home, and how many have been refused as being unsuitable On the immigration amnesty, it is welcome that the Home Office has strengthened what was previously a miserly offer to now include at least the prospect of indefinite leave. But why not simply allow for indefinite leave right now? Surely that is the only way to ensure that all undocumented survivors feel able and safe to take up the support that they so desperately need. Surely that is, quite simply, the right thing to do in these tragic circumstances.
Leaving the EU: University Staffing — House of Commons, 2017-12-11
Topic: Immigration
Joanna Catherine Cherry (Scottish National Party, Centre-left): Heriot-Watt University and Edinburgh Napier University in my constituency have made staff redundant, citing Brexit and the UK Government’s immigration policies as a proximate cause. Napier University has advised me that potential staff members from other EU countries are turning down job offers. What concrete reassurance can the Minister give these international award-winning universities that Brexit will not further affect their staffing levels?
Topical Questions — House of Commons, 2017-12-11
Topic: Immigration
Questions: The Secretary of State is absolutely right to shout about the fact that 1.9 million more children are now in good or outstanding schools, including in Corby and east Northamptonshire. That equates to 87% of children in such schools now, compared with 66% in 2010. Does the Minister agree that that is real progress and not, as some have suggested, the result of an increase in the school-age population?
Carol Frances Monaghan (Scottish National Party, Centre-left): The academic community in the north of Ireland might have a way ahead in the light of the recent Brexit negotiations. Will the Secretary of State give the same reassurance to the academic community in Scotland which, as my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) highlighted, is concerned about the recruitment and retention of EU nationals?