argyrotsipi/train-dataset huggingface dataset:
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-11-27
Topic: Social Welfare
James O’Shaughnessy (Conservative, Centre-right): My Lords, the amendments in this group provide clarification regarding the form of the statements provided by the care home manager to the responsible body. I thank noble Lords and others outside the House who highlighted some issues that these amendments attempt to address Amendments 41 and 96 outline that the statements provided by the care home manager to the responsible body under paragraphs 14 and 28 must be in writing. This issue was rightly raised by the noble Baroness, Lady Barker, and others at Second Reading and in Committee. It has always been the Government’s intention that the statement be a written one, and I gave assurances to noble Lords during Committee that the Bill would be updated to be explicit on this Passing these amendments, though simple and straightforward, is important, because it will mean that care homes are not able to provide statements over the telephone, as sometimes happens now. This is a valid concern about the future system. The amendments will help to ensure the quality of assessments and pre-authorisation reviews, and that there will always be a written record of the basis for decisions. It is vital that statements be in writing in order for a thorough pre-authorisation review to be completed and for proper evidence of assessments and consultation to be provided Under the current DoLS system, care homes are required to complete a "form 1" when making an application. We envisage that under the liberty protection safeguards there will be a similar form, updated and tailored to the new system. I hope this amendment makes it clear to all noble Lords that the Government do not want to see any weakening of safeguards as a result of our reforms Amendments 47 and 59 clarify that the necessary and proportionate test is based on an assessment, and that the care home manager’s statement under paragraph 14 must be accompanied by a record of that assessment and a record of the medical and capacity assessments. This was always the Government’s intention. Its omission was a simple drafting error, for which I apologise and which we are now rectifying I hope noble Lords will be able to support these minor but vital amendments, which will clarify how the system works in practice. I beg to move.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-11-27
Topic: Social Welfare
James O’Shaughnessy (Conservative, Centre-right): Before the noble Baroness withdraws her amendment, I would like to say that that is an important point. I am not suggesting that there are going to be hundreds of cases where individuals do not want to see someone, but it is clearly a possibility. I think we need a more proportional system in order to deal with the backlog and ensure that people are protected, but it also has to have a set of safeguards, whether that is access to representation, making sure that conflicts of interest do not exist among care home managers and, as we are going to discuss in the coming weeks, under what circumstances an AMCP would automatically be activated, in which case of course the meeting would take place. It is those circumstances that ought to give the reassurance that it is not necessary in all cases, rather than saying that there are hundreds or thousands of these kinds of cases where people are refusing. I think that will be the exception rather than the rule.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-11-27
Topic: Social Welfare
James O’Shaughnessy (Conservative, Centre-right): I am grateful to the noble Baroness for moving the amendment. Obviously, it is worth having an opportunity to restate that we clearly agree with her that it is necessary that anybody with an interest in a cared-for person’s welfare is able to trigger a reasonable request or, indeed, an objection on their behalf that constitutes a reasonable belief. That is something that we have discussed in terms of people who are supportive, such as family members, appropriate persons, IMCAs, and so on. Clearly, we have agreed to talk further about the role of whistleblowers and staff members I can reassure the noble Baroness that what she is asking for is already contained in numerous places in the Bill. The amendment deals specifically with paragraph 31(3)(b) of Schedule AA1. It is implicit in the description, "person with an interest in the arrangements", that that includes people who have an interest in the cared-for person’s welfare. That is the purpose of the Bill. As I have made clear, any objection from someone who has an interest in the person’s welfare constitutes a reasonable belief, as set out elsewhere in the Bill. I am grateful for the opportunity to return to this issue and hope that I have reassured the noble Baroness that this is absolutely included in the definition.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-11-27
Topic: Social Welfare
James O’Shaughnessy (Conservative, Centre-right): I am sorry that I did not mention the noble Baroness’s amendment—there are so many in this group—nevertheless, I am grateful for her acceptance that we have been able to meet the perfectly justified concerns discussed inside and outside the Chamber during the passage of the Bill Perhaps I may deal quickly with the point raised by the noble Baroness, Lady Barker, who asked about conflicts of interest within a responsible body. We would certainly expect authorisation and the IMCA appointments to be in a separate part of the commissioning body. Government Amendment 73, which deals with who should not carry out reviews, includes, in paragraph (b), "a person who has a prescribed connection with a care home" The process of commissioning a care home place for somebody should perhaps be a category that we ought to consider under that provision, and I shall need to reflect on that. That might be the right route to follow, as clearly we do not want to move the conflict of interest to a different part of the process. I will look into that and we will consider how to deal with it. I think we now have the statute to enable us to do so. I will come back to noble Lords on that point. I thank them for their contribution to the development of these amendments and their support for them. I beg to move.
European Union (Definition of Treaties) (Economic Partnership Agreements and Trade Agreement) (Eastern and Southern Africa States, Southern African Development Community States, Ghana and Ecuador) Order 2018 — House of Lords, 2018-11-27
Topic: Foreign Trade
Rona Fairhead (Conservative, Centre-right): I thank noble Lords for their contributions. If I breached convention, I offer my apologies particularly to the noble Lord, Lord Stevenson of Balmacara. I was aiming to address some concerns and did it in a different way. Some of these points are absolutely apposite to the SI, while others talk about the future; I will just glance on these, because I understand the issues The noble Lord, Lord Stevenson of Balmacara, the noble Earl, Lord Sandwich, and the noble Baroness, Lady Sheehan, talked about a number of challenges, such as the development benefits and merits of EPAs versus unilateral preferences. There is a little bit of history here, in that some of our previous unilateral preferences were deemed not to be WTO-compatible, so we had to move to a different mechanism. We have chosen EPAs because they are much more development-focused, and the aim is to promote and increase trade over time. Having studied EPAs and preferences, I have seen that not all but most countries get better access under EPAs than they would under preferences For example, two-thirds of markets are open to Ghana—which I visited recently—for tariff-free access under preferences, but 100% under the EPA. Its prepared fish, coffee beans and cocoa would be affected. I went to a tuna-processing factory while there and heard that they were particularly keen that we continue that EPA, because they saw the benefit. Opening up needs to be done over time, as we agreed, because these are developing countries and liberalisation takes time. In addition, we provide support through improving trade facilitation and customs rules. A lot of our development funding also supports these nations. We are here not to create foes but friends. We are here to build mature, long-term trading relationships, and to open them up asymmetrically. I am happy to confirm, by way of demonstrating that these are seen as attractive, that all parties to the EPAs have expressed an interest in rolling them over to provide continuity. If they were really so unhappy about them, I do not think they would do that.
Bombardier — House of Lords, 2018-11-22
Topic: Technology
Charlotte Vere (Conservative, Centre-right): My noble friend is completely right. The Government firmly believe that the aerospace sector is one that we really need to be involved in. Wings are manufactured by Airbus and Bombardier, as we have heard. We have engines from Rolls-Royce, aerostructures from Spirit, Bombardier, GKN and Melrose, and advanced systems from Safran, UTC, Thales and GE Aviation. The total turnover of the aerospace sector is £33.5 billion. It supports direct employment of 124,000 people and indirect employment of 167,000 people. The average salary is £41,000 a year. We know that growth is coming in the sector. It is estimated that we will need 35,000 new large passenger aircraft over the next 20 years. They will be greener, quieter and more efficient. It is very important that the Government involve themselves in the sector and put their money into the right projects that need research, so that we can be a major part of creating those new aircraft.
Bombardier — House of Lords, 2018-11-22
Topic: Technology
Charlotte Vere (Conservative, Centre-right): My Lords, as I mentioned, there is a very significant pot that amounts to about £150 million a year. The Government are always open to hearing any applications from companies such as Bombardier for some of this money, on the understanding that it is for research and development. That of course includes jobs in those sectors. It is to make sure that those companies are fit for the future and able to take part in the global aerospace industry.
Brexit: Negotiations — House of Lords, 2018-11-22
Topic: Foreign Trade
David Arthur Russell Howell (Conservative, Centre-right): Would my noble friend accept that when it comes to the ambitious new trade agreement which this document outlines—which is a very welcome and promising prospect—after 46 years of our two systems growing together and becoming entangled, the process of disentanglement, unwinding and building the new opportunities is bound to take considerable time? Would she accept that some of the impatient demands for more rapid solutions are quite inadequate in dealing with that situation? It has been said that the withdrawal agreement is a halfway house. Would she agree that if we can be allowed to get to that halfway house, this does indeed show the path that opens to the completion of our situation, which will be very much stronger than we have today? Could she explain why, when it comes to the international trade negotiations, this document just has a mention that this can be developed, whereas the withdrawal agreement is much more specific and talks about negotiating, signing and ratifying agreements which will come into force as soon the transition is over? Would she just reassure us that that, too, is part of the prospect in the future, which on the whole is greatly to be welcomed?
Brexit: Negotiations — House of Lords, 2018-11-22
Topic: Foreign Trade
Natalie Evans (Conservative, Centre-right): I thank my noble friend. I can certainly reassure him that the withdrawal agreement includes a legally binding commitment that ensures that both sides will use best endeavours to negotiate the detailed agreements he was talking about that will give effect to the future relationship, so that they can come into force by the end of 2020. We are obviously extremely pleased that the political document makes it very clear that whatever is agreed in relation to our future partnership with the EU must recognise the development of an independent UK trade policy, and of course during the implementation period we will be able to sign, negotiate and ratify our own trade agreements.
Brexit: Negotiations — House of Lords, 2018-11-22
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): On the noble Lord’s first question, I answered it in my reply to my noble friend’s question when I said that we intend to have the future relationship come into force by the end of 2020. On the noble Lord’s second point, only the CJEU can bind the EU on the interpretation of EU law, so we have agreed that where a dispute raises a question of interpretation of EU law, the arbitration panel can refer this question to the CJEU for interpretation. What it cannot do is ask the CJEU to resolve the dispute. That will always be done by the independent arbitration panel. An ability for the CJEU to provide an interpretation of EU law is not the same as resolving disputes. The EU has been clear that that must fall to an independent arbitration panel. This respects the principle that the court of one party cannot resolve disputes between the two.
Brexit: Negotiations — House of Lords, 2018-11-22
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): I think I was clear; I hope I was. I said that it sets out a clear vision and is a framework for the future relationship between the UK and the EU, and that it provides the negotiating instructions that will aim to deliver the full legal agreement by the end of 2020. We are on both sides committed to turning this into a legally binding treaty as soon as possible. In relation to the noble Lord’s points about the CJEU, I gave the answer to the noble Lord and I can only say again that an ability for the CJEU to provide an interpretation of EU law is not the same as resolving disputes.
Brexit: Negotiations — House of Lords, 2018-11-22
Topic: International Affairs
Patrick Cormack (Conservative, Centre-right): My Lords, I hope we can accept that this is a reasonable framework. I hope the Prime Minister will feel that Mrs Pike has satisfactorily pricked Captain Mainwaring’s ego. However, I ask my noble friend to say to the Prime Minister that it would probably be very helpful indeed if, at some stage in the next two or three weeks, she would speak to the nation on television to explain exactly what we are proposing to do and that this is, indeed, the only realistic Brexit that is in prospect.
Brexit: Negotiations — House of Lords, 2018-11-22
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): The noble Lord may recall that the British people voted to leave the European Union, and we are delivering that. In response to the noble Baronesses, I said we want to maintain co-operation with certain EU agencies. We will work with our EU partners over the coming months to explore the most effective ways to do that. If we do so and, depending on the level of the relationship, we have also said we will make a relevant contribution.
Brexit: Negotiations — House of Lords, 2018-11-22
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): Before our withdrawal in March, both sides will undertake preparatory work to enable negotiations to begin as soon as possible. There will be a clear programme to deliver the ambitious timetable, which will be set out in the withdrawal agreement, to ensure that both sides will use their best endeavours to bring into force a detailed future relationship. Because of the possibility that the noble Lord raises, we also have the backstop, the extension to the implementation period. There are best endeavours from both sides to achieve this ambitious relationship, which is in both our interests.
Brexit: Negotiations — House of Lords, 2018-11-22
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): As the noble Lord said, the financial settlement will represent a fair settlement of our obligations as a departing member, and it has been agreed in the context of the implementation period and our future relationship. I believe that it is within the range of £34 billion to £38 billion.
Brexit: Negotiations — House of Lords, 2018-11-22
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): I am afraid that I completely disagree with the noble Lord. We have been very clear in saying that we want a positive, strong and deep partnership with the European Union in the future, and I am afraid that I do not recognise his characterisation of the approach we are taking.
Brexit: Negotiations — House of Lords, 2018-11-22
Topic: Foreign Trade
Lucy Neville-Rolfe (Conservative, Centre-right): My Lords, I am glad to see progress in the latest documents in a number of places: for example, on fisheries, on electronic trade facilities, on digital, on medicinal radioisotopes and on future governance. But, assuming that the withdrawal agreement and the political declaration are agreed, what leverage will the Government have in getting timely agreement on the free trade partnership and the associated treaty, thus avoiding the backstop, which seems to suit other member states more than us? We will have paid a lot of money, given up our ability to charge tariffs, accepted the regulatory level playing field and made generous provisions on things such as security—all of which are good—but how will we ensure that we can get the negotiations to end in the timely way that my noble friend described?
Brexit: Negotiations — House of Lords, 2018-11-22
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): As I said in response to a number of questions, the withdrawal agreement includes a legally binding commitment that ensures that both sides will use best endeavours to negotiate the detailed agreements that will give effect to the future relationship so that they can come into force by 2020. In the unlikely event that a party considers that the other has not negotiated in good faith, the complaining party could bring a complaint under the process established by the withdrawal agreement.
Brexit: Negotiations — House of Lords, 2018-11-22
Topic: International Affairs
Andrew Lansley (Conservative, Centre-right): My Lords, can I put it to my noble friend that, while not overselling the political declaration, neither should she undersell it? It was not given to the Prime Minister to satisfy either remainers or leavers in full. The point was to deliver the Brexit for which people voted while minimising the economic and other harms to this country. In that context, does she agree that this framework gives us a basis on which to achieve that to a significant extent?
Brexit: Withdrawal Agreement and Political Declaration — House of Lords, 2018-12-06
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): That this House, for the purposes of section 13(1)(c) of the European Union (Withdrawal) Act 2018, takes note of the negotiated withdrawal agreement laid before the House on Monday 26 November 2018 with the title ‘Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community’ and the framework for the future relationship laid before the House on Monday 26 November 2018 with the title ‘Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom’ Relevant document: 24th Report from the European Union Committee
Brexit: Withdrawal Agreement and Political Declaration — House of Lords, 2018-12-06
Topic: International Affairs
David James Fletcher Hunt (Conservative, Centre-right): My Lords, I first draw attention to my interests as set out in the register, in particular as president of the British Insurance Brokers’ Association. The first day of this debate brought much heat but also much light. The noble and learned Lord, Lord Hope of Craighead, made the compelling observation that, for all of us who accept the result of the referendum, there are now just two options—this withdrawal agreement and the political declaration or else a hard or no-deal Brexit. I know which one of those I prefer The most reverend Primate the Archbishop of Canterbury spoke movingly of reconciliation, and that is a theme I will develop briefly in my few words this morning. His sentiments were echoed by the authentic voice of Wales in the closing contribution yesterday evening. My noble friend Lord Griffiths of Fforestfach ended his speech with a call for us to "lay aside prejudices" and pray for, "wisdom greater than our own",—[Official Report, 5/12/18; col. 1108.] and for "humility" My noble friend’s eloquent call for humility has a strong resonance with me—and not only because I was born in Wales. In a time of strife, there is great wisdom in humility, whereas dogmatic and entrenched positions serve our nation poorly. Perhaps I may say—if I am allowed to in view of the noble Lord who will follow me in this debate, because I know that it will appeal to him in particular—that the Labour Party on this issue needs to show some humility as well. Let us try to put party politics aside in the national interest. These are serious matters and the nation may never forgive them if they continue to try to play every twist and turn of this drama for party advantage It has taken the intervention of a distinguished former Secretary to the Cabinet to strip the Labour amendment to the government Motion of its unhelpfully partisan content and tone, transforming it into something respectable. Noble Lords will know that I personally believe that the Prime Minister is to be congratulated as she has set about the testing task of negotiating Brexit. Of course it was never a realistic hope that the outcome would or could please everyone. No one could achieve that. The responsibility that falls to her is to begin rebuilding—