argyrotsipi/train-dataset huggingface dataset:
Bus Services Bill [HL] — House of Lords, 2016-11-23
Topic: Transportation
John Attlee (Conservative, Centre-right): My Lords, I cannot recall what position I took on the noble Baroness’s amendment in Committee, but I am not sure that it is one that we should accept. The reason is simply that air crashes and rail crashes are extremely complex events and it is not always clear what has caused an accident. The accidents that the noble Baroness refers to are road traffic accidents where, generally speaking, it is obvious what caused the accident. This is not an amendment that I would support.
Bus Services Bill [HL] — House of Lords, 2016-11-23
Topic: Transportation
John Horam (Conservative, Centre-right): My Lords, the noble Baroness who proposed the amendment has the gift of coming up with interesting and appealing ideas, and this is one of them. I think that obviously we are all sympathetic to the issue of safety on buses; some instances recently, even in London, have been a matter of concern. I think also of the cycling situation in London, which is a problem. However, on this occasion I have to agree—they might be surprised to hear this—with the noble Lord, Lord Snape, and my noble friend Lord Attlee. There are problems in this area which are not solved by this rather heavy-handed approach, and there is a difference between the sort of situation you find yourself in with buses on the one hand and with rail on the other. Indeed, the noble Lord, Lord Snape, made the point that his own party is in favour of franchising when it comes to buses but against it when it comes to railways, so there are clearly differences in the way we approach these two important industries As someone who takes an interest in the Bill, I am also concerned that we get it off the ground. People who have followed the bus industry know that previous attempts to get franchising going in the rest of the country failed because of the complexity of the legislation. For example, Newcastle upon Tyne made a big effort to get franchising going but failed after many years of trying because of the complexity of the legislative procedures. I do not want this admirable Bill, which I fully support, to fall foul of the same problems. Let us please keep it as simple as possible. We have made amendments in this House which on the whole have been wise, and which I hope the Government will keep, as they have not been adverse to the spirit of the Bill. This may be music to the ears of my colleagues on the Front Bench: I hope that they do not mess around too much with it in another place. We should keep it where it is. It is a very good Bill. As my wife said the other day, I am a bit of a bus junkie. People are asked whether they travel on buses; I travel on buses all the time in London because they are so good. I want something similar to be available to residents in other parts of the country and I trust that this Bill will achieve that. I strongly support it and I do not want any further amendments to be made to it.
Bus Services Bill [HL] — House of Lords, 2016-11-23
Topic: Transportation
John Gummer (Conservative, Centre-right): My Lords, would it be better not to agree this amendment because of the reasons adduced by my noble friend? At the same time, taking up what the noble Baroness said, there is a growing understanding in society that we have to provide people with the opportunity to report things that worry them in a way that does not endanger their position as, for example, drivers. I do not think that this issue is about buses; it is about the society in which we live. We need to enable people in a complex society to issue warnings so as to increase levels of safety. Therefore, I hope that my noble friend will refuse to accept the amendment, which I think would be otiose and rather heavy-handed in this excellent Bill I also hope that he will take on board the principle that we should offer people the opportunity to issue warnings whenever we can. If we do not do that, all sorts of things that could be avoided are not avoided. It is becoming less easy to draw a distinction between buses and trains. What do we do with guided bus routes, for example? Are the vehicles classified as trains or buses? We have talked about trams, but the noble Baroness could not tell us whether the same rules operate on trams as operate on buses. We have to recognise that this issue is more complicated than we think, but it is most important that we give people the opportunity to warn in a way that does not imperil their jobs.
Bus Services Bill [HL] — House of Lords, 2016-11-23
Topic: Transportation
John Attlee (Conservative, Centre-right): My Lords, as is customary at this stage in the passage of a Bill, I shall be brief. Obviously the amendment moved by my noble friend the Minister is a good one. As he has said on several occasions, the overall aim of the Bill is to make bus services even better, and I agree with everything just said by the noble Baroness, Lady Randerson, about the importance of bus services. There is much to support in the Bill, not least because it will pave the way for even greater partnership working between bus operators and local authorities. I was especially delighted to see the Government amend the Bill to ensure that passengers will have greater access to bus service information. This will make travelling on buses easier and perhaps a less daunting experience not only for those with disabilities, but for everyone However, not all the changes we have made were, I believe, so welcome. Giving any and all local authorities access to franchising powers is, in my view, a mistake. It will just serve to introduce uncertainty into the bus market and bus companies will have no incentive to invest. There will be no incentive to buy new vehicles, to keep passengers happy or to react to their needs, which runs counter to the overall aim of the Bill. This House prides itself on being a revising Chamber and it has certainly revised the Bill, so let us see what becomes of it when it reaches the other place. I hope that the next time we see it, the Bill will do what it says on the tin and enable local bus services to flourish and deliver for passengers.
Bus Services Bill [HL] — House of Lords, 2016-11-23
Topic: Transportation
Sally Oppenheim-Barnes (Conservative, Centre-right): My Lords, I could not let the opportunity of a bus Bill prevent me stating that, in my opinion and that of many people I know who drive in central London, we are constantly impressed by the way that bus drivers are driving in a thoughtful manner. They are difficult, large buses, but they do not act in a way that offends other traffic. I would like this short tribute to be made to them and put on the record.
Wales Bill — House of Lords, 2016-11-23
Topic: Law and Crime
Nicholas Bourne (Conservative, Centre-right): My Lords, I thank noble Lords who have participated in the debate on this group of amendments. I shall first deal with the points made in relation to Welsh tribunals and the President of Welsh Tribunals. I thank noble Lords for the general welcome for provisions that strengthen Welsh tribunals and their operation in Wales. In relation to Amendment 107H, I say to the noble Lord, Lord Howarth, that I do not see anything irregular in this because the power to be exercised by the Lord Chancellor in relation to adding tribunals and so on to the list is subject to affirmative resolution in new Section 107H(3). So that would be entirely regular—but perhaps I misunderstood the noble Lord.
Wales Bill — House of Lords, 2016-11-23
Topic: Law and Crime
Nicholas Bourne (Conservative, Centre-right): I stand to be corrected on this, but under new Section 107H(3) it is subject to an affirmative resolution of each House of Parliament, and that is entirely appropriate Opposition Amendment 108 was ably moved by the noble Lord, Lord Wigley, and supported equally ably by the noble Lord, Lord Thomas of Gresford. As we have discussed on many occasions during the passage of the Bill, the Government’s position is clear: the justice system, including youth justice, should be a reserved issue. I am sure the noble Lord will not be surprised by that response Under this model, the Assembly will continue to exercise legislative competence over key areas that impact on youth offending in Wales, such as health, children’s services and education. The Assembly and the Welsh Government will continue to be heavily involved in the management and rehabilitation of young offenders through partnership with the police—I note the comments made by the noble Lord, Lord Wigley, in relation to Arfon Jones the police and crime commissioner for North Wales—and devolved services under the Children and Young People First joint strategy, while a single system for managing young offenders across England and Wales is maintained In short, there is a very effective partnership at the moment. I appreciate that that is, to some extent, dependent on the chemistry of the people involved, so I will write on this issue to explain how it is operating at the moment—because it appears to be operating more than satisfactorily, as far as I can see. I note the comments by the noble Baroness, Lady Gale, in relation to the Charlie Taylor review. I agree that it is an important review that obviously the Government will look at The noble Lord, Lord Wigley, referred to the Silk commission and my role in it. The commission’s second report found that youth justice services work well and that there is close working between devolved and non-devolved partners. Its recommendation on devolution was aimed at promoting greater integration. It is quite true to say that there was a recommendation regarding devolution, but it was in the context of devolving more than youth justice. The noble Lord will know that the St David’s Day agreement that followed did not present any consensus on devolving justice. Accordingly, it is the Government’s position that all aspects of the justice system, including youth justice, should be reserved. However, we recognise the need for the close working relationship which appears to be working very well at the moment.
Wales Bill — House of Lords, 2016-11-23
Topic: Law and Crime
Nicholas Bourne (Conservative, Centre-right): My Lords, I thank the noble Lord for that contribution. I was coming on to deal with devolution to areas of England, to which the noble Lord referred, and to say that I will cover that in the letter that I am writing in relation to the current arrangements in Wales. My understanding—I have had a look at this—is that it does not involve devolution of policy issues in the way that this would to the Welsh Government. It will not allow English cities or regions to have separate policy arrangements, which I think is what the noble Lord is seeking. But I will cover that in the letter, as well as the arrangements that are likely to be in place in the areas of England where we are looking at devolution—Manchester, Liverpool, the West Midlands and so on. But, in short, I think that it is devolution of a different sort I shall move on and talk about some of the cost implications that would be involved in replicating some of the functions that appear to be working well, partly by the purchase of custodial places in England owing to the lack of, for example, secure establishments in North Wales and secure training centres across the whole of Wales. That would be a necessary part of any devolution package. Perhaps more importantly, reserving legislative competence for youth justice ensures that the Government can apply a coherent approach to criminal justice and the management of offenders across all age groups, while enabling the joined-up working that is happening at the moment in Wales on the issues affecting youth offending I recognise the significant and continuing role of devolved authorities in delivering youth justice services, as happens now, and the level of co-operation which already exists on the ground between devolved and non-devolved organisations. I put on record my thanks to the devolved and non-devolved organisations that are making it work. However, it is the Government’s view that not accepting the amendment will ensure that we have the most efficient, effective and consistent way to deliver youth justice services across England and Wales within the single legal jurisdiction.
Wales Bill — House of Lords, 2016-11-23
Topic: Government Operations
Nicholas Bourne (Conservative, Centre-right): My Lords, I thank noble Lords who have participated in the debate on the amendments in this group. I shall first discuss Amendments 111 to 119, and thank the noble Lord, Lord Rowlands, for moving Amendment 111. I understand the points that he made. He was ably backed up by the noble Lord, Lord Elis-Thomas, the noble and learned Lord, Lord Judge, and others. I think that the arguments basically boil down to two strands. The first is the type of issue that is subject to this tidying-up exercise, as we see it. The second issue concerns equality of treatment of the Assembly in relation to Parliament. I will deal with both points First, it is not anticipated that the provision in Clause 53 will be used for anything more than minor consequential amendments. I urge noble Lords to be very careful about what they wish for in relation to this. I will double-check examples and write to noble Lords about them. But if, for example, the issue is one of tidying up an enactment to provide that a parish council in England is a community council in Wales, I suggest that that sort of issue is best dealt with in the way set out in the Bill. However, given the understandable concerns that have been raised, I will write to noble Lords giving examples in relation to that.
Wales Bill — House of Lords, 2016-11-23
Topic: Government Operations
Nicholas Bourne (Conservative, Centre-right): My Lords, much as I have the greatest respect for the noble Lord, that is not a tenable argument in law, as I am sure he knows. I take the point about the political dimension, as he knows, but on the legal aspect, the two bodies operate in just the same way. However, as I say, I will write to noble Lords on that. I understand the arguments being put forward, by the noble Lord, Lord Rowlands, in particular, as well as his point about the evolving devolution process, which makes this type of arrangement sensible where there is reciprocity. I will write to noble Lords on that point Amendments 120 and 120A were spoken to effectively by the noble Lord, Lord Hain, who took us through some of the financial aspects that have to be considered. I understand that. First, on something I have stated many times, although I will certainly state it again, we will not move to Third Reading—as I said at Second Reading—until there is a legislative consent Motion. So, if there is no legislative consent Motion—and there may not be; that is an issue for the National Assembly for Wales and the Ministers of the Welsh Government—we will have no Third Reading In relation to Report, I understand from discussions with officials—this may well be confirmed by Members of the Opposition Front Bench, who obviously have had discussions with Welsh Ministers—that there is a desire for us to move to Report so that we are closer to the sort of Bill that we will see at the end and so that the Welsh Government can then move to the legislative consent Motion, content that we are moving in an appropriate way. So we are keeping in touch on that, but I understand that there is a consensual element here to having Report, the first date of which is already public and will take place before Christmas We will have two days on Report to reflect on many of the important issues we have dealt with, and the second day will be soon after we come back in the new year. As I understand it—the noble Baroness pressed me on this issue—we are hoping for a legislative consent Motion in the middle of January before moving to Third Reading shortly after that. That is the suggested choreography, but of course we are in the hands of the Welsh Government and the National Assembly for Wales in relation to the legislative consent Motion. I cannot be definitive about that but I can be definitive, as I think I have been in the past, that we will not move to Third Reading until we have the legislative consent Motion. I should also say that there is pressure elsewhere in the legislative programme, as I am sure noble Lords will accept.
Wales Bill — House of Lords, 2016-11-23
Topic: Macroeconomics
Nicholas Bourne (Conservative, Centre-right): The noble Lord raises a point about my stating that we would not proceed until Third Reading. That is a restatement of what I said at Second Reading—I checked that before coming to the House. As I have indicated, the precise timing of the legislative consent Motion is not dependent on me, the Government, the House of Lords or on the House of Commons but on agreement between the Treasury and Welsh Government Ministers and then the agreement of the National Assembly for Wales On the fiscal framework document, the noble Lord will know that the Bill has already been through the other place and will go back there for consideration of government amendments—we have many government amendments that are measures that we all agree upon. But I am not sure that in any event that would give the opportunity for consideration of the fiscal framework as it will be only Commons consideration of Lords amendments: so they will only be able to consider any amendments we make on Third Reading I will endeavour through representations to see what additional information we can give on the discussions. Another meeting is due on 1 December, and from what we can gather, discussions are going well—I have heard this from both the Welsh Government side and our own Treasury side. I will endeavour to give an update as to where we are on 1 December. If we are able to give additional information, I will be happy to do that—but to some extent that will depend on the consent of the Welsh Government as well as our own Government. I do not foresee any problem on that, but obviously that is for them to determine. The date of the legislative consent Motion is dependent not just upon having the fiscal framework agreed, as I understand it; it then has to be considered by the Constitutional and Legislative Affairs Committee of the National Assembly—I can see that the noble Baroness, Lady Morgan, is indicating agreement to that.
Wales Bill — House of Lords, 2016-11-23
Topic: Macroeconomics
Nicholas Bourne (Conservative, Centre-right): I am most grateful to the noble Lord, who I know sits on that committee and plays a leading part in it. I assure the noble Lord that if I can help and be forthcoming with any information, it will be made available On the other issue raised by the noble Lord, Lord Hain—the fiscal framework and the discussions on it—first, it is not for me to enter into these negotiations. They are going on between the Treasury and Welsh Government Ministers, and whatever my political differences with Carwyn Jones, Mark Drakeford and others, I have no doubt about and in fact have the highest opinion of their abilities and insight. This is a consensual arrangement. If they do not want an agreement on proposed terms, they have the option of not saying so—and if there is no legislative consent Motion, there is no Bill. So there is no question of a pistol being applied to anybody’s head; the issue is for the National Assembly to determine Having been there, I have the greatest respect for the Ministers and officials. That is being hammered out, I gather that robust discussions are taking place and I am sure, and hope, that they are considering the best interests of Wales. But any representations by noble Lords opposite should be made to the First Minister, the Finance Minister and others in those discussions. It is not for me or for us to shadow manage what they are doing—and, I am sure, doing very effectively That probably summarises the Government’s position. I have given the undertaking sought; I will do my best to make information available on the fiscal discussions as they become available. I understand what noble Lords say about protecting Welsh interests, but under these devolved Administrations and in these devolved days, it is for the Welsh Ministers and the National Assembly for Wales to bring forward the legislative consent Motion. With that, and with those undertakings, I urge the noble Lord to withdraw his amendment and other noble Lords not to press their amendments.
Intellectual Property (Unjustified Threats) Bill [HL] — House of Lords, 2016-11-23
Topic: Law and Crime
Lucy Neville-Rolfe (Conservative, Centre-right): My Lords, I understand that this is an area of concern. I welcome the amendments from the noble Lord, Lord Stevenson, and the noble Baroness, Lady Bowles. I very much appreciate the noble Lord’s constructive approach to the Bill and his commitment to careful scrutiny. I think he said the amendment was probing in nature. I will start by setting out why I remain convinced that the exemption for professional advisers is so necessary, before talking about the specific amendment The Law Commission’s consultation demonstrated that the tactic of suing a professional adviser for making a threat has been used to hamper the legitimate client-adviser relationship. This causes problems not only for the adviser but for the client, who may as a result need to find a new adviser. I believe we heard convincingly during the evidence stages that this is a significant and common issue. It leaves rights holders in the position of having to pay indemnities before a legal adviser will write an entirely justified letter on their behalf. SMEs are more likely to be asked for such indemnities and are most affected by them I am aware that there were concerns regarding such an exemption, which might give rise to an increase in the use of unscrupulous threats. However, I do not agree for the following reasons. Where the professional adviser is exempt, the instructing client will remain liable. This ensures that recourse is available to those damaged by threats. A legal adviser who advises their client badly, leaving them liable for threats, risks a negligence action. The exemption does not prevent this. The exemption has been carefully and appropriately limited in its availability. The amendment would restrict the protection available for professional advisers to just those who are acting on "specific" instructions from another person In an increasingly global market—that was mentioned —we need to capture the many different types of foreign and domestic IP legal practitioner who may risk facing a threats action under UK law. As discussed in Committee, this should clearly include those in private practice as well as "in-house" advisers. For that reason, I do not agree that the exemption principle should apply only to the very limited category of circumstances envisaged by the amendment In practice, instructions come in all shapes and forms, written and oral. It is therefore unclear what would be required in order to demonstrate that an adviser was acting on a "specific" instruction. Such lack of clarity about "specific" instructions would be particularly problematic for in-house legal advisers, who are often acting on a general mandate to protect their company’s IP rights. The Law Commission agrees that the amendment risks leaving in-house advisers without protection. I apologise to the noble Lord, Lord Stevenson: I think that that is the response that he was expecting in relation to the amendment.
Intellectual Property (Unjustified Threats) Bill [HL] — House of Lords, 2016-11-23
Topic: Law and Crime
Lucy Neville-Rolfe (Conservative, Centre-right): It may be clearer if I make one final point. My understanding is that the underlying law on agent liability is left undisturbed, so no precedent is being set here for other areas of law which concern agent-client relationships. I recall that being a concern expressed by the noble Lord, so perhaps my making that clear to the House will help him in agreeing to withdraw the amendment.