argyrotsipi/train-dataset huggingface dataset:
Civil Liability Bill [HL] — House of Lords, 2018-06-12
Topic: Law and Crime
Harry Kenneth Woolf (Crossbench, Unknown): My Lords, we have had a good debate and all the points have been explored, so I shall not detain your Lordships for long by seeking to review the evidence which has been given, in excellent speeches, on behalf of both sides of the argument. However, there is a serious point to make. I would suggest that the vital feature at the core of my case for deleting Clause 2 is very clear: it results in injustice and it is known to result in injustice. Indeed, no one can deny that it results in injustice. There has never been a case where legislation deliberately introduces injustice into our law. It may be that it is only in regard to small claims, but surely it is important that we pause before we do that.
Civil Liability Bill [HL] — House of Lords, 2018-06-12
Topic: Law and Crime
Igor Judge (Crossbench, Unknown): My Lords, as it has not emerged that the amendment is the property of the Opposition, perhaps I may add a few words in support of Amendment 47 Lord Justice Jackson’s report was a remarkable document. It exhaustively analysed the entire structure of our civil justice system. It would not have supported the present Government’s position. I would love to read out the Justice Committee’s report—but, if I did, we would be here awfully late and no one would want to hear it. However, can we briefly recognise that the Justice Committee report is not adverse to the Government’s proposal but deals a series of hammer blows, each one individually worth noting "We recommend the Government should not increase the small claims limit to … £5,000" Bang "There is no policy justification for including vulnerable road users within the reforms proposed" Bang "We recommend that they be excluded from any higher small claims limit that is imposed on other RTA PI claims" Bang "We are deeply unimpressed by the inability of the Ministry of Justice to quantify" Bang And so it goes on. This is not one of those reports with recommendations that obscure their meaning, and perhaps the Minister will consider that as an important feature of this debate.
Civil Liability Bill [HL] — House of Lords, 2018-06-12
Topic: Law and Crime
Igor Judge (Crossbench, Unknown): My Lords, I have tabled Amendment 69 relating to the conduct of the review that we have been discussing, in particular in relation to Schedule A1. I wish to add one definite article and three words to this part of the Bill. That definite article and those three words are already part of the Bill in two places, and this afternoon the Minister indicated that there would be a third occasion when the words "the Lord Chief Justice" would appear This is a very dry debate, and therefore I remind the House that we are dealing with catastrophic cases, with injuries that are life-changing not only for the unfortunate man, woman or child who has suffered them but—let us not overlook it—his or her family: the wife, husband, parents or child. We are reflecting on family disaster Judges have to observe, day by day, year by year, the practical realities of the impact of the discount rate on claimants, defendants and, in particular, settlement proposals. I remind your Lordships that, in the case of children and those who need a guardian for the purposes of the conduct of litigation, a settlement can be acceptable only if it is presented to a judge, usually a High Court judge, to see whether he or she approves it and its satisfied by its reasonableness. In other words, there is a fund of experience constantly being refreshed by the litigation process. If the practical impact, the glitches and the nuances are not fully appreciated, the Lord Chancellor will be deprived of information that is vital to any decision relating to the review. The only way to make it fair and balanced is for there to be judicial input to it as a consultee, and therefore I invite the Minister to agree, as he did this morning in relation to Amendment 12, that the Lord Chief Justice should be made a consultee to this part of the Bill.
Civil Liability Bill [HL] — House of Lords, 2018-06-12
Topic: Law and Crime
James Hope (Crossbench, Unknown): My Lords, I added my name to Amendment 69 and I support everything that my noble and learned friend has said. There is just one point that I would like to add. I draw attention to subsection (4) of the new Section A1, which is printed at page 7, lines 37 to the foot of the page. It refers to the content of the original order that the Lord Chancellor will have made, which is the background to the review process. The order not only talks about the rate but has to contemplate the possibility of descriptions of pecuniary loss, the length of the period during which pecuniary loss is expected to occur and the time when the pecuniary loss is expected to occur So one is not simply talking about the calculation of a rate of return in the abstract. It would be open to the reviewer to examine whether there should be some fresh approach to the matters that are contemplated in that subsection. It underlines the important point that my noble and learned friend has been making about the need for judicial input against the background of experience which everybody in the courts has drawn out of cases involving these very serious injuries. I support the amendment for that reason.
Civil Liability Bill [HL] — House of Lords, 2018-06-12
Topic: Government Operations
Charles Hay (Crossbench, Unknown): I will speak extremely briefly in support of the noble Lord, Lord Hodgson of Astley Abbotts. It seems to me that the Lord Chancellor would, very properly, have two questions in life that he would want to ask of an expert. The first is: "Do we need a review?" The second is: "Please will you conduct the review?" However, unless there is a standing panel, who on earth can he ask the first question of? I assume that he will not have anyone within the Ministry of Justice to whom he can turn and say: "Are we in circumstances where we need a review?" That is, in itself, a powerful argument for having a standing function that would allow him some access to expertise in this difficult and esoteric area. So, if the Minister is not minded to be amenable to the amendments proposed by the noble Lord, Lord Hodgson, how will that question be answered?
Ivory Bill — House of Lords, 2018-09-10
Topic: Law and Crime
Charles Hay (Crossbench, Unknown): My Lords, I shall be brief. I will speak to Amendment 31, which is purely a probing amendment. Following Second Reading, it struck me that the success of this Bill would very much depend on the take-up rate of the use of the register, so my amendment is aimed at trying to probe a bit of that. I noted that in the Bill, while plenty of powers are given to the Secretary of State to charge fees for registration, there is no duty alongside that, telling the authorities what they should be trying to do. My amendment is aimed at trying to put a bit of duty alongside the powers. I noticed that the success of curbing drink-driving in the UK has been very much driven by the fact that people in the country now expect people not to drink-drive. We need to ensure that nothing stands in the way of people developing a feeling that ivory has a special and difficult thing associated with it. Therefore, they should comply with this law enthusiastically, because it will help the problem that we have all been talking about. I do not think I can add any more.
Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [HL] — House of Lords, 2018-10-26
Topic: Law and Crime
Michael Berkeley (Crossbench, Unknown): My Lords, this Bill seeks to make a small yet important—vital, even—amendment to the Children Act 1989. I take this opportunity to thank officials from the Ministry of Justice and the wider Government and, in particular, the noble Baroness, Lady Vere—the Minister—for their considerable support in helping to ensure that this Bill is clear in its extent and scope. I also pay tribute to the barrister David Maddison in Manchester, who has given unstinting of his time in helping me with this Bill, and to my noble and learned friend Lord Brown of Eaton-under-Heywood for generously casting his eye over matters and proceedings—an eye far more expert in these matters than mine As I explained at Second Reading, the family court can issue a care order for a child at risk of forced marriage or at risk from a habitually drunken, violent father, but it cannot issue a care order for a girl at risk of having her genitals mutilated. My Bill aims to redress precisely this situation. The amendments before your Lordships’ House today are technical in nature and ensure that necessary reference is made to the relevant sections of the Female Genital Mutilation Act 2003 in order that this Bill extends only to female genital mutilation—FGM—protection order proceedings that occur in England and Wales, and applies only to those proceedings where they occur in the family court. During Second Reading, I explained that the Bill seeks to include FGM protection order proceedings within the definition of "family proceedings" for the purpose of the Children Act 1989. This means that in future, during proceedings for an FGM protection order, an application for a care or supervision order in relation to a child at risk of significant harm could be made. This would avoid the need for separate applications and potential delay. Other powers of the family court, including powers to make, for example, a prohibited steps order, special guardianship order and family assistance order, would also be available in FGM protection order proceedings. The Bill seeks to close a small, unintended gap—an oversight or anomaly, if you like—in the law and will serve to increase the ability of the court to protect children at risk I turn to the amendments in more detail. Amendment 1 seeks merely to remove, in Clause 1(2), the superfluous reference at line 5 to "Section 5A of and", making appropriate reference to "Part 1 of". Section 5A of the Female Genital Mutilation Act 2003 refers to and simply introduces Schedule 2 to the Act, which sets out the legislative detail on FGM protection orders. However, given that the Bill extends to England and Wales only, it is appropriate to refer to "Part 1" of Schedule 2 to the Female Genital Mutilation Act 2003. This is necessary, as Schedule 2 also makes provision, in Part 2, for FGM protection orders in Northern Ireland, to which the Bill does not extend.
Afghanistan Update — House of Lords, 2018-07-11
Topic: International Affairs
Frances D'Souza (Crossbench, Unknown): My Lords, recent research begins to suggest that certain kinds of assistance can have the effect of stabilising communities, even within the context of war and conflict. I am talking about investments in infrastructure such as roads, sewerage and water. Can the Minister tell us something about whether the Army will be involved in working with the Afghan army in trying to further infrastructural projects in the interests of creating some kind of stability in local communities?
Afghanistan Update — House of Lords, 2018-07-11
Topic: International Affairs
John Anderson (Crossbench, Unknown): My Lords, the noble Baroness, Lady D’Souza, touched on an important point about the contribution of infrastructure. I am reminded about the region at large, not least Tajikistan, which has water and therefore energy that could be supplied to the north of Afghanistan and would make a big contribution. Also, the Uzbeks should be commended for the railway down to Mazar, which has also played a role The noble Lord, Lord West, touched on poppies. To what extent is it believed that the opium industry continues to be a root cause of the conflict in Afghanistan? Will the Minister urge those who are minded to look for a long-term solution to take account of this, not least the need for access into markets? Farmers can have a market for agricultural products, rather than the need to supply or cultivate poppies.
Afghanistan Update — House of Lords, 2018-07-11
Topic: International Affairs
John Montagu (Crossbench, Unknown): My Lords, I am bound to say that my nephew was one of those junior officers who set up the new academy. I am delighted to hear that so many officers have now been trained We are used to hearing tributes being paid, quite rightly, to the soldiers who fought and lost their lives. Can the Minister mention also the many hundreds of aid workers who have been in Afghanistan, among them many who have lost their lives as well? They do not receive sufficient tribute. Are aid workers among those who have been offered close protection from our soldiers?
European Union (Withdrawal) Bill — House of Lords, 2018-06-18
Topic: Environment
John Krebs (Crossbench, Unknown): My Lords, while not moving my Motion B1, I should like first to thank the Minister for and acknowledge the changes made in the other place; I would say that they capture about 80% of what we were trying to achieve with the amendment moved in this House at Third Reading. In particular, as the Minister said, the amendment that he has tabled ensures that the new independent green watchdog, as it is often called, will have powers including the power to take legal action where necessary. I was also pleased to note that he referred to it in his comments as an independent watchdog, which was one part of my amendment, so that is already recognised by the Government, and that the Government would take both proportionate and appropriate measures, which was again part of my amendment However, in not moving my amendment, I do not wish to give the impression that this is the end of the story. I think that the Government’s commitment to replace the environmental protection that we have now as members of the European Union is close but not quite there, and I hope that when the new environment Bill comes before this House later in the year, as we are promised, there will be a further chance to debate these matters. At that point, we can push the Government further.
European Union (Withdrawal) Bill — House of Lords, 2018-06-18
Topic: Government Operations
Robert Rogers (Crossbench, Unknown): My Lords, I am very grateful to the noble and learned Lord for setting out the Government’s case with such precision and care. I am very grateful, too, to the number of noble Lords who voted in substantial majorities for the three amendments covered by the three Motions in this group The Minister and his colleagues have been rather critical of what I might call the family of amendments that seek to bolt on to the Bill issues of policy. They have said, "No, this Bill has a central theme". Of course, these three amendments address that central theme. They are about the balance of power between Parliament and the Executive. I am quietly disappointed that, despite the degree to which the Government have moved in terms of explanatory statements and other matters, that the Commons did not take this view. I did not see any new material or arguments deployed in the Commons. In particular, I did not see an acknowledgement that a definition of what might fall within the category of necessity—that is, "necessary"— might prevent Ministers being overly constrained by the use of that term. However, I think that, if one were to craft an interpretative provision of that sort, it would solicit a very similar answer from the House of Commons So I feel that the argument has been made, and perhaps that is where it should rest for the time being—but with a weather eye, which I know will be exercised by your Lordships, on how "appropriate" is interpreted by Ministers in the use of these provisions.
European Union (Withdrawal) Bill — House of Lords, 2018-06-18
Topic: Law and Crime
David Pannick (Crossbench, Unknown): My Lords, the noble Lord asks about justiciability. It is one of the most fundamental principles of our constitution that the courts do not and will not regulate proceedings in Parliament. Therefore, a court would presume, in the absence of the clearest statement to the contrary, that none of these amendments—in particular Amendment F3—is intended to depart from this fundamental principle. That is especially so when the mover of the amendment makes it clear that he does not intend to depart from that fundamental principle. In answer to the question from the noble Lord, Lord Lamont, it seems to me that the sanctions for any breach would be political, but they certainly would not be legal.
European Union (Withdrawal) Bill — House of Lords, 2018-06-18
Topic: International Affairs
Karan Bilimoria (Crossbench, Unknown): I thank the noble Baroness the Leader of the House for giving way. She has mentioned that agreeing to this amendment would hamper the Government’s negotiations. The noble Lord, Lord True, has said exactly the same thing. We have known right from the beginning that in Europe’s view, the European Parliament and the European Council will get a vote on the final deal. Has that ruined their negotiating position? Not at all—they are in a very strong negotiating position. As for Dominic Grieve, he deserves the parliamentary equivalent of the Victoria Cross.
European Union (Withdrawal) Bill — House of Lords, 2018-06-18
Topic: International Affairs
David Hugh Alexander Hannay (Crossbench, Unknown): My Lords, I was one of those who proposed the amendment that has not found pleasure in the other place. I recognise that, as the Minister has said, the date of our departure from the EU will actually be determined not by what we put into the Bill but by international law—namely, Article 50. If under Article 50 it is decided that a longer period than the two years is needed, no doubt that will be agreed by common accord with Brussels, and the Minister will be standing at the Dispatch Box telling us that after all 29 March is not set in stone. At that moment, I will try not to remind him of the various times at earlier stages of the Bill when he said it was set in stone My own view was that the date has no place in the Bill, and that was actually the view of the Government at the outset. However, they changed their minds as part of a political manoeuvre. As the Minister has said, there is some flexibility built into what is known as the Letwin formula, which is the one that the House of Commons has reverted to, and I do not think we should trouble the scorers any more on this matter.
European Union (Withdrawal) Bill — House of Lords, 2018-06-18
Topic: International Affairs
Robert Rogers (Crossbench, Unknown): My Lords, it would be extremely churlish of me not to acknowledge the movement which the Government have undertaken on these issues, particularly including your Lordships’ House in the sifting process. During Commons consideration of the amendments, the Secretary of State for Exiting the European Union, deployed a rather familiar set of arguments, if I may put it in that way. Quoting the chair of the House of Commons Procedure Committee, he insisted that the Government proposals, under which Ministers will, despite the statements and other provisions, have the final word on whether the substantial amount of secondary legislation which may be brought forward under the Bill, should be subject to the affirmative or negative procedure. He insisted that that procedure had teeth. If it is really to have teeth, some significant dental work is still required. But these exchanges are not the place to consider matters of that sort. The point has been made and although, in an ideal world, it has not been completely adequately answered, I think we should leave the matter there. The test will be, of course, the first occasion on which the committee’s view differs from that of the Government.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-15
Topic: Social Welfare
Elaine Murphy (Crossbench, Unknown): My Lords, I find myself in something of a dilemma because I have already said that I am very anxious about the role foreseen for care home managers in this Bill. I am also getting the heebie-jeebies about how we are criticising the Bill because of how we have got here in the first place. The noble Baroness, Lady Finlay, and the noble Lord, Lord Hunt, have already mentioned that we are here because at the moment we have a bad piece of legislation; it is not being implemented appropriately because we cannot afford it. The Law Commission, the Department of Health and the Ministry of Justice have tried to bring forward a piece of legislation that makes it a lot simpler We are used to having conflicts of interest in public sector services. Every time a GP refers somebody for a hospital appointment or surgery or prescribes expensive medication they have a financial conflict of interest, but we live with that because of the way that the system works. We are used to it—we take account of it day by day. I am not going to oppose these amendments but we have to say to ourselves that the care home manager is there and we know that the local authority has not got the resources. Would it work better if we could give care home managers proper training? I do not know but I know that we must at every stage think very carefully about the alternatives that we propose instead of the departmental proposals. We have to make the process simpler. We have to reduce the numbers of people who are subject to it. Perhaps if we reduced the number of people subject to it, we could put in place these better arrangements. Maybe then we can take out the care home manager. Until we do so I still have this great anxiety that we have not come up with an alternative that will really work Although I share the anxieties about how care home managers will discharge this responsibility I have some anxieties about the alternatives. We have to make the process simpler and more affordable. I neither support nor oppose these amendments. We need to give some very careful thought about making sure that we do not end up with a more complex and difficult process than is implementable and affordable.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-15
Topic: Law and Crime
Ilora Gillian Finlay (Crossbench, Unknown): My Lords, if I may come back very briefly on that, the noble Baroness makes an important point. I worry that some of the DoLS assessments are very long and complex, yet make little difference to the lived experience of the person on the receiving end of care, so I hope they will become better tailored. A badly drawn-up care plan could also be presented in court if there is a dispute, not only the assessment forms. Some of the forms I have seen will have taken a great deal of time to complete; I wonder whether the detail replicates that obtainable elsewhere, and whether there is a problem of proportionality. Also, I worry that we should be looking at the minimum amount of restriction on liberty, rather than deprivation of liberty. If someone is imprisoned, the whole system has failed. They must be encouraged and empowered to live as well as they can while being kept safe from dangers that, without due care and attention, would probably end for some of them in their deaths—wandering on to a motorway or whatever.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-15
Topic: Social Welfare
Ilora Gillian Finlay (Crossbench, Unknown): I will just finish, if I may. I completely share the concern about self-funders. They must have a care plan, because they are in receipt of care once they are in the system. It is appalling if there are people who are paying to be cared for in some kind of chaotic way without a proper, co-ordinated plan that they and their family can know about, so that everyone coming and going, be it out of hours or whatever, can understand what is happening I am beginning to think that there is not that much difference between us, and I agree that the current forms are inadequate. I apologise if, in the previous debates we have had, my comments about notification from the care home manager to the local authority were not well worded—on re-reading, I can see that, and I accept that I was wrong in the way that I worded it.