argyrotsipi/train-dataset huggingface dataset:
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, with no such authority —neither mine nor anyone else’s—I wrote, against Amendment 8, "If it is reliable intelligence is it not already covered?". Intelligence may be less than reasonable; evidence may be more than is reasonable. I am not clear what standard would be required by the provision as amended. The noble and learned Lord has made my point much more clearly and authoritatively I have a number of amendments in this group. Amendments 10, 12, 13 and 21 all provide for the giving of reasons for the suspicion and for allowing the person the opportunity to make representations at the different stages of the process. I hope that both those items are self-explanatory: there should be an explanation, at the very start and at each stage, and the person concerned should be able to make representations—make representations is about the right level; I am not quite saying make a case—and to state their position Amendments 17, 18 and 19—
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Sarah Ludford (Liberal Democrats, Centre to centre-left): My Lords, in relation to this group, without I hope stretching anyone’s patience, I will just repeat two questions that I asked at Second Reading, to which I do not think I got an answer. The first question, which may be very daft, is why it is not possible to use powers under Schedule 7 to the Terrorism Act to retain passports for up to seven days. Why can those not be used for outward travel? The Minister may not be able to instantly answer that. Secondly, how do you stop a rolling renewal? I gave the analogy of declaring the whole of Greater London a terrorism exclusion zone. How do you stop that just being renewed on a repetitive basis?
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Kenneth Macdonald (Liberal Democrats, Centre to centre-left): My Lords, I support what the noble Baroness has said. There cannot be any doubt that the power to exclude British citizens from their own country is a wholly exceptional power of the sort that we have not seen before. In fact, it is warranted by the threat that emanates from the globalisation of terror and the ease with which young men in particular, but some young women as well, can pass in and out of parts of the world that are controlled by terrorists, and of course the threat that they represent to us when they return from those zones However, it is the exceptional, drastic nature of this power, warranted though it is, that requires that procedural fairness is absolutely guaranteed by the processes under which the power is exercised. It is because the power is so extraordinary that it is so important, in order to avoid the scenario that the noble Baroness was talking about at the outset of this debate, that we observe the highest degree of procedural fairness. To that extent, I support what she has been saying.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I realise that there is plenty of material in the Minister’s response for us to read and think about. However, at the start of his response, he said that an officer should not have to justify his suspicion. I wondered whether he was equating that with gisting, which was raised by the noble Lord, Lord Pannick, and others, because I do not think that they are the same thing. If he does not want to commit to answering that point now, perhaps I may have a word with him about that between now and the next stage.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): Amendments 35 and 40 relate to practical and legal provisions. The first, probing, amendment allows a judicial authority the power to direct the payment of compensation to a person whose travel document has been seized. I would not suggest that such a power might be used in anything other than the exceptional circumstances, but there would be disruption and damage—I think that is the right term—to a person whose travel documents have been seized and whose travel has been massively disrupted. If you miss a flight, you miss a flight. You might be delayed by some hours or, depending on your destination, by some days. You might miss some important engagement or event, even if you are delayed by only a couple of hours, because you miss a connection, and so on. I do not think I need to labour the point. Have the Government considered whether there should be a power to direct payment of compensation? If not, why not?
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): Yes, indeed. I wonder whether officials in the Home Office have been undertaking role-play as to all the different circumstances that might apply when these powers could be exercised, because, as I said, one of the concerns of the House is always about workability. I am grateful to my noble friend. I beg leave to withdraw the amendment.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Government Operations
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My noble friend is aware of this point—at least I hope that he is, because I sent an e-mail on it. Schedule 1 provides for the usual 40-day period in paragraph 19 and I had intended to ask the Minister to confirm that that period is suspended during the Dissolution of Parliament. However, the question now has a second limb, because the Government have tabled Amendment 45, which refers to a similar 40-day period but actually spells that out. I wonder why there is a distinction between these two. I am not objecting to this. The Statutory Instruments Act 1946 covers the point, but dealing with it in detail in the new schedule raises a question that needs to be sat upon with regard to the first schedule.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Sarah Ludford (Liberal Democrats, Centre to centre-left): My Lords, I thank the Minister for explaining these welcome amendments. Something is puzzling me and it may simply be my lack of understanding of the field. The test which the court has to determine in the case of prior permission, under Amendment 52, or in the review of urgent TEOs, under Amendment 44, is whether the decisions are "obviously flawed". I am challenged to understand the position with an in-country statutory judicial review in Amendment 65, which I understand would follow the normal principles of judicial review, including necessity and proportionality. I know that the independent reviewer referred to a test of "obviously flawed" in a commentary that he made, but I do not understand the justification for the difference in the test in Amendments 44 and 52 compared to the statutory judicial review in Amendment 65. The phrase "obviously flawed" seems both a high and a somewhat problematic threshold: obvious to whom? I would have thought that the application of that test would create some difficulties. However, I may be on entirely the wrong track.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Sarah Ludford (Liberal Democrats, Centre to centre-left): I apologise for prolonging this, but I forgot to ask my noble friend something earlier. I am trying to understand the architecture of all this. Under the new clause relating to prior permission of the court, in Amendment 52, proposed new subsection (9) says: "Only the Secretary of State may appeal against a determination of the court under … this section", and the urgency provision. I wonder whether that is a bit unfair on the person. Why would the individual not have a comparable right of appeal? Is there a clear reason why that is the case?
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I am glad that my noble friend made those concluding remarks, referring particularly to prosecution where it is possible. Should we be comforted by the distinction between the words in Condition A, "reasonably suspects", with an emphasis on "suspects"—the noble Lord referred to "reasonable grounds for suspicion", which we covered earlier today—as against, in Conditions B and C, "the Secretary of State reasonably considers" That seems to require more of the Secretary of State. Conditions A to D must all be met, so we can look at them together and see an escalation of the seriousness of the Secretary of State’s views, if I may put it like that. I could understand the concerns of the noble Baroness if we were to look only at Condition A, but I do not think that we can look at it in isolation.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Government Operations
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): I think we are all being as co-operative as we can be on this: we are aiming at the same thing Briefly, Amendment 56 amends Clause 3, which provides that notice of the imposition of an order must include an explanation of the procedure for making an application under Clause 5. My amendment would provide that it should also include, "the Secretary of State’s reasons" This is simply for the reasons that we discussed earlier: an individual affected needs to have an understanding, not necessarily—almost inevitably not—of the fine detail, but of the gist of the reasons why. This might not be the right term in this context, but in normal terminology it covers what I mean. Having knowledge of the procedure is not a great deal of use unless one knows the reasons for the Secretary of State’s decision. I did not quite keep that to under a minute but I beg to move.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I shall speak also to Amendments 62, 63 and 64. The Committee will be pleased to know that I am aiming to be extremely brief on all the amendments left in my name for today Amendment 57 is an amendment to Clause 3(6), which provides: "If a temporary exclusion order is revoked, it ceases to be in force when notice of its revocation is given" I am intrigued to know why the effect of the order continues until notice is given. By definition, there is a delay between the decision to revoke and the notice of revocation. Although this is not the whole of the point I am making, I am not sure whether notice being given means a notice received or a notice, as it were, sent out. In any event, there is a time difference between the decision and the notice, and I should have thought that the revocation should take effect immediately Amendment 62 is an amendment to Clause 8, which provides for the obligations on an individual who returns under an order. Here, the notice imposes the obligations on an individual who is subject to the order and who has returned to the UK. Are there no obligations in a period before the return to the UK or is this something to do with the proceedings which have taken place in the UK? The status of somebody who is subject to an order but has not returned intrigues me. Are there no obligations which may apply to an individual before he returns to the UK? The obligations are backed up by Clause 9, which is about offences if restrictions are contravened. My question here is about status Amendment 63, also an amendment to Clause 8, is similar to Amendment 57. I note that the notice of the obligations comes into force when it is given and is in force until the order ends. Is there a point at which the notice is deemed to be given? My amendment will provide for it actually to be given. My noble friend will understand that I am seeking to understand when it comes into force Amendment 64, also to Clause 8, is similar to Amendment 57 in that the variation or revocation should come into effect immediately, not take effect when notice is given, and the same questions are raised as for the earlier amendment. I beg to move.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I thank my noble friend for his reply. At the same time as he was saying that it is important that the individual knows—I absolutely go along with that—he also said that it is possible for there to be deemed notice. I need to read how those two fit together. I take the point that there is a distinction between variation of obligations and the revocation of an order. Of course, one is accustomed to a notice sometimes having to be served by post or whatever—there are many instances where a notice is deemed to have been given—because if that were not the case the prospective recipient of the notice could always avoid being given it by slipping around I was a little alarmed by my noble friend’s comment, if I heard him aright, on Amendment 62 that it could be years before an individual came back, which takes us back to earlier discussions. However, the Minister has covered the ground and I will do my best to cover his answer properly when I read it. I beg leave to withdraw the amendment.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, on the explanation about material failure and so on, it seems that there is a distinction between the consequences of failure under Clause 4, the situation under Clause 5, and the offences which are dealt with in Clause 9, to which the Minister pointed the Committee. There are other consequences to the failures which are the subject of my first two amendments. I would like to think about that a little further. I thought that I was going to get a reassurance based on case law as well as common sense, which do come together quite often. I had not quite expected to be pointed forward to Clause 9, so I will have a think about that after today. For now, certainly, I beg leave to withdraw the amendment.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Government Operations
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I am grateful to my noble friend for giving way. I was not going to go back to the points I had made although my point about the independent reviewer having criteria against which to report is actually sort of overarching, picking up on the other points. I want to put to him that while we all understand that decisions have to be taken case by case, that does not negate the need for a structure and clearly understood procedures to which reference can be made for all the reasons given about not further alienating the subjects of orders, their families and so on. The noble Baroness was very clear about the dangers, as was the noble Lord, Lord Harris I am not, of course, dismissing the assurances that the Minister has given, but I do not think they are quite on the point that I have been alerted to by this debate about having a framework and procedures that are not made up on the hoof but which are known and understood before they are ever applied.
Yemen — House of Lords, 2015-01-21
Topic: International Affairs
Kishwer Falkner (Liberal Democrats, Centre to centre-left): My Lords, does my noble friend agree that the most critical point about this current instability in Yemen is that we need to work to prevent it becoming sectarian, and it has all the hallmarks of being yet another conflict backed by Saudi Arabia and Iran? What conversations have the Government had with the United Nations Special Envoy, Mr Jamal Benomar, regarding an immediate ceasefire, in so far as that can be achieved, so that we can go back to the peace process?
Broadcast General Election Debates (Communications Committee Report) — House of Lords, 2015-01-21
Topic: Law and Crime
Jeremy Ashdown (Liberal Democrats, Centre to centre-left): I wonder whether my noble friend will allow me to comment. I did not actually say what he claims I said, I said that, for instance, they had been equipped legally to take decisions of this nature in other cases.
Recall of MPs Bill — House of Lords, 2015-01-19
Topic: Transportation
Paul Tyler (Liberal Democrats, Centre to centre-left): My Lords, I support Amendment 37. I am very well aware of this issue from my own experience in north Cornwall, where we have very large, scattered communities with inadequate public transport, and of course in the holiday season there is the additional problem of getting to any centres of population. That is replicated, as it happens, in a number of the Highlands and Islands constituencies, of which I am very well aware because they are represented by honourable colleagues, as well as of course in rural mid-Wales, as the noble Baroness said The number of signing venues is a serious issue. By this comparatively small change to the Bill, which would give more responsibility to those who are on the ground and can take the appropriate decision, we could make a huge improvement. A minimum of four places would give that flexibility. It may be that only a couple of dozen constituencies in the whole country would wish to go beyond four, or substantially beyond four, but they happen to be ones that have, as I say, the additional problems of inadequate public transport, difficult road links and, very often, the complexity of additional traffic during the holiday period. I very warmly support Amendment 37.
Recall of MPs Bill — House of Lords, 2015-01-19
Topic: Government Operations
Diana Margaret Maddock (Liberal Democrats, Centre to centre-left): My Lords, like many others who have spoken this afternoon, I have not taken part in the Bill so far but I have followed it closely. I wish to support part of the comments of the noble Baroness, Lady Quin, because, like her, I live in the Berwick-upon-Tweed constituency—and I declare an interest in that I am married to the local MP. I have spent many a long hour driving him around the constituency as he tries to visit every corner of it I should like to back up those comments by mentioning what has happened to the democratic process in the county of Northumberland. Under the previous Government, we had imposed upon us reorganisation, which meant that we reduced the number of principal councillors in the area from more than 300 to 67. I have seen what that has done to the operation of local democracy, and I therefore hope that my noble friend Lord Wallace will look seriously at the democratic issues in areas such as Berwick-upon-Tweed.
Recall of MPs Bill — House of Lords, 2015-01-19
Topic: Government Operations
William John Lawrence Wallace (Liberal Democrats, Centre to centre-left): Absolutely, it was absolutely not—it was repetitive. This Bill has been considered by a number of committees. The Government’s proposals for "a maximum of 4" took on board the proposals of the Political and Constitutional Reform Committee in the other place. That is where this proposal comes from. I have listened with interest and I have been thinking about constituencies in which I have worked. Indeed, in the first by-election in which I worked, as a student, I recall that the constituency of Cambridgeshire had 103 villages and no towns. Without question, there was one very convenient place where everyone might gather to sign a petition, which was outside the constituency in the city of Cambridge. We recognise that that is part of the problem we have with constituencies and their boundaries When I was the candidate in Shipley, one of my duties was to hold a house meeting in a place where it was a considerable surprise to those who attended the meeting to discover that they were in the Shipley constituency. They thought that they lived in a different place. I am sure that there are also problems that others here have faced in their turn. Again, I stress that this issue has been considered at some length not only in the other place but by a number of committees. This has not been sprung on the House by a wicked Deputy Prime Minister, as the noble Lord, Lord Foulkes, would like us all to believe. I am sure that he has looked at the committee report in some detail. It has been suggested that giving people an eight-week period will allow for a trade-off between those who wish to use postal votes and those who will take the opportunity to sign when they come into the centres in the constituency. That is the flexibility of the trade-off, and we will discuss further the question of whether the period should be of eight weeks or two I am conscious of the differences between constituencies in this country. We talked about what is called the Brecon and Radnor question in our earlier discussions, and I am certainly willing to look at whether there is an appetite for a degree more flexibility in all of this. As to the provision of premises, let me stress that traditionally the management of elections in this country is a local matter. It is in the hands of experienced members of local authorities, who look at the provision of appropriate premises. Perhaps I may say to the noble Lord, Lord Snape, that I think licensed premises are extremely unlikely to be used. As I listened to him, I wondered whether we would allow premises that sell liqueur chocolates to be used, since those of us who are also involved in the Deregulation Bill have struggled with that deep and vital matter.
Recall of MPs Bill — House of Lords, 2015-01-19
Topic: Government Operations
William John Lawrence Wallace (Liberal Democrats, Centre to centre-left): Let us discuss it off the Floor of the House rather than detain the Committee further Of course, we will be relying on the discretion of the petition officers, who will be the local election officers, on the use of public premises around each constituency. I note the strength of feeling that has been expressed about four centres not being enough in a number of constituencies, although I also note the section of the Electoral Commission’s report which the noble Baroness, Lady Hayter, did not quote, which states that, equally, four signing locations may be more than is required in some constituencies. There is, perhaps, a greater degree of flexibility and I am willing to take this away and discuss whether a degree more flexibility is desirable Let me touch on a number of other issues that have been raised. The noble Lord, Lord Howarth, discussed the impact assessment. I can assure him that, under the Bill when passed, the costs of each recall process will be reimbursed to the local authority. The impact assessment covers the fact that the direct and indirect costs, including training, will be reimbursed.
Recall of MPs Bill — House of Lords, 2015-01-19
Topic: Government Operations
William John Lawrence Wallace (Liberal Democrats, Centre to centre-left): I will be happy to promise that we will reconsider that and I will write. Perhaps it is also worth talking at this point a little about regulations. A number of the amendments before us today consider how much should be in the Bill and how much should be in regulations. We have placed in the Library of the House a draft sketch of the regulations, but I should stress that it will not be possible to lay the regulations before either House between now and 7 May. The exact regulations will be the responsibility of the next Government and will come before the two Houses within the first year of the new Parliament.