argyrotsipi/train-dataset huggingface dataset:
Domestic Abuse Bill — House of Lords, 2021-02-03
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, my noble friend Lord Marks will speak to most of the amendments regarding court proceedings, but I am glad to be able to say a word on this one. I acknowledge that the Government recognise the need for measures to support victims of domestic abuse in various proceedings. Like the noble and learned Lord, Lord Mackay, I think the very fact that Amendment 121 was tabled by a practitioner who has already shared with the Committee a lot of extremely useful experience, as he does on all occasions, and from the Magistrates’ Association, whose briefings I have always found very useful, pretty much makes the point. It is certainly very persuasive As I read it, the amendment would address what is meant by "engagement" in a particular context. As the noble Lord, Lord Rosser, explained—his explanation was clear—in family cases the proceedings are generally not a single event but comprise a series of hearings. They are quite unlike proceedings in the criminal court or the civil court, where a discrete claim is dealt with. To use a bit of current jargon, I read this as enabling the court to be agile in applying, as it goes along, appropriate measures and making directions as it becomes clear that they are needed In an attempt not to oppose the amendment but to develop it, I have been wondering how it would—or maybe will—operate in practice. One assumes that there will be a need to find a lawyer for whatever reason, probably financial, and that the parties will have already considered that. Who will pay the lawyer, and pay enough for them to do a complete job, not just coming in at the last minute but understanding the whole background to the proceedings and taking full instructions? If the lawyer is appointed by the court, to whom is he responsible? Is the person he represents a client for all purposes? I absolutely take the point about the difficulty that litigants in person have, so finding ways to assist can only be to the good. I hope that these proposals can be taken forward.
Domestic Abuse Bill — House of Lords, 2021-02-03
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): My Lords, unquestionably the Minister—to whom I am very grateful, for both his engagement and his considered and careful response—is right about one thing, which is that he has not convinced me of the difference in responsibility to the client between court-appointed advocates and normal lawyers. I accept that the role of legal representative would be altered by my amendments, and that is all to the good One point made by the Minister can be considered in a way that he did not. It is a precondition to the appointment of a legal representative by the court that the client or party who would have conducted the cross-examination, but for the prohibition, should have been given the opportunity to instruct his own lawyer. That lawyer would have had full responsibility to the client in the normal way—full duty of care, answerable in negligence and everything else. Generally, Members of the House will appreciate that the reason that that condition is not often met—in other words, the client does not appoint a lawyer—is lack of funds, not that he or she, usually he, does not wish for the lawyer to have a responsibility to the client. There is very little distinction to draw between the two cases, apart from the fact that the rich client gets the lawyer and the poor client has a court-appointed lawyer The Minister referred to the safeguards that I built into the amendments in their directions to the judge— "such directions as the Court may give to protect the witness from significant distress or to prevent the quality of the witness’s evidence from being diminished." There may be further room for discussion about those directions and the guidelines within which cross-examination by a lawyer with a responsibility to the client could take place. I will carefully read the guidance that he mentions by which court-appointed lawyers will conduct their cross-examinations I completely reject the Minister’s explanation that SIAC involves different issues, as a justification for removing the responsibility. It is precisely because SIAC special advocates and their appointment involve different issues that the responsibility is removed. I explained that in opening. That point does not seem to have been treated with full understanding Of course I will withdraw this amendment to enable further review. The point about legal aid is one of accessibility. We know that there is a review under way and I accept that we should not be reviewing this question in Committee, but the problem is one of evidential and financial accessibility. Until both parties can be represented in domestic abuse proceedings, it is difficult to see that proper representation will be achieved. With those points, I beg leave to withdraw the amendment.
Domestic Abuse Bill — House of Lords, 2021-02-03
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I feel slightly embarrassed to be coming in ahead of the noble Baroness, Lady Helic, who has her name to one of these amendments. I look forward to hearing what she has to say I think—and I apologise if I have this wrong—that on Monday it was said from the Government Front Bench that refuge addresses were never disclosed. We need to allow for human error and human ingenuity. We have previously touched on how many victims have moved away from their home area in order that their whereabouts will not be discovered but, as we have also heard, abusers can be determined. So much of the issue is about power and control, so it is not difficult to see that an abuser might do everything to track down a victim. The noble Baroness, Lady Bertin, referred to the prevalence of stalking. Knowing that a victim has moved to a refuge must be a red rag to some bulls. The dangers are not only to the victim of that abuser but to other occupants of the refuge. I am aware of situations where others have been endangered, including the children of the occupants, as well of course as the children of the victim and of the abuser, themselves victims. What must a child think when they are uprooted by Mummy, told that they are going somewhere where Daddy cannot get at them, and then Daddy appears? The noble Baroness, Lady Bertin, also referred to the horror stories on which I have been briefed.
Domestic Abuse Bill — House of Lords, 2021-02-03
Topic: Law and Crime
Lorely Burt (Liberal Democrats, Centre to centre-left): My Lords, I commend the noble Baroness, Lady Newlove—and other noble Lords, but particularly she—on her determination and her excellent speech in explaining the horrific nature of this crime and its repercussions. Like many noble Lords, I was delighted to receive a letter from the Minister, the noble Baroness, Lady Williams, regarding the Government’s willingness to introduce a new offence of non-fatal strangulation on to the statute book as soon as possible, albeit not within this Bill I had thought that the Minister would be at the Dispatch Box this evening, so I am going to put a number of questions to the noble Lord, which I hope he will do his best to answer, although of course he cannot stand in the Minister’s shoes. Can he tell us what the Minister meant by "a commitment to consider a new offence of non-fatal strangulation" Are the Government going to introduce one or are they not? Something a little bit definite would be very much appreciated. Could the noble Lord elaborate on what she meant by making the offence "proportionate"? She spoke of ensuring that more convictions can be achieved, but can he please give any indication of what this might look like?
Domestic Abuse Bill — House of Lords, 2021-02-03
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I am very grateful to the Minister. I have two questions which rather puzzle me. First, he talked at length about praising judges for how they can quickly and flexibly adapt the common law of self-defence to new cases and how beneficial it is for it to be dealt with in that way, rather than with rigid primary legislation. Can he therefore explain why Section 76 of the Criminal Justice and Immigration Act 2008 was thought necessary Secondly, the Minister talked about the option to retreat in domestic abuse cases. Referring to the two scenarios that I spoke about from personal experience, I certainly had the option to escape out of the flat—luckily it was a ground-floor flat—when somebody was trying to break the front door down in the burglar scenario, but when my abusive partner had me up against the kitchen wall, I had very limited options to retreat. I cannot see how the option to retreat is more valid in the burglar situation than it is in the domestic abuse situation. Perhaps the Minister can help me.
Domestic Abuse Bill — House of Lords, 2021-02-03
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I understand the points that the Minister has made about the common law developing—that is inherent in it—but, like my noble friend, I want to pursue the point about flexibility. If the courts were that flexible—I suppose this is a rhetorical question—would we be moving and speaking to these amendments The proposed new clause in Amendment 140 is modelled on—but, I accept, does not completely repeat—the provisions of Section 45 of the Modern Slavery Act, referring to "the person’s circumstances". As far as I am aware, I have not received the briefing from the Prison Reform Trust, but does the Minister accept that the remarks of the right reverend Prelate and the noble Lord, Lord Bradley, go very much to the point about a person’s circumstances? The Minister referred to concern about misuse. At Second Reading, I think I made the point that if there is misuse we should be looking at the misuse, not at not applying a defence which should be a good defence in general Finally—again, I suppose this is rhetorical—with regard to the balance, and we are for ever searching for the right balance, does the Minister agree that, given the fast-developing understanding of domestic abuse and its impact, civil society will likely pretty quickly, in parallel, be developing its ideas about what is the right balance?
Liaison Committee Report — House of Lords, 2021-01-13
Topic: Government Operations
Richard Newby (Liberal Democrats, Centre to centre-left): I thank the noble Lord the Senior Deputy Speaker for undertaking an exhaustive review which has produced very sensible proposals. Of all the committees to be created as a result of the review, arguably the new European Affairs Committee is the most important, not least because we have seen within the last week the unilateral decision by the Leader of another place to disband the Commons Committee on the Future Relationship with the European Union and put nothing in its place. As we see from the immediate effects of Brexit, not least in Northern Ireland, clearly there will be a lot for this committee and its sub-committee to look at What makes all our committee reports of more value than, say, an equivalent think-tank report is, first, that the Government have to respond to them and, secondly, that your Lordships’ House has to debate them. In both those areas, the current practice is far from satisfactory. For the government response to be effective, it needs to be timely, which simply has not happened in many cases. The most egregious example is the Economic Affairs Committee on social care policy, which reported some 589 days ago and still has not had a government response. It really is incumbent on government to do better in that respect Furthermore, it is important that these reports have a timely debate in your Lordships’ House. I understand why we have not been doing so in recent months, but it is still unsatisfactory that we now have Select Committee reports that are 22 months out of date, as it were, and have still not had a debate in your Lordships’ House. I hope very much that, as the mass of secondary legislation which we have seen in respect of Brexit and coronavirus dwindles to a trickle, or to a more normal level, it will be possible to reinstate a timely system of debates on Select Committee reports. Certainly, even if we cannot do it literally immediately, I hope that when we start a new Session later in the year we will do so with a new resolve to deal with the valuable work and reports of these committees in a way that really makes best use of them With those caveats, I and my colleagues welcome these proposals and look forward to seeing the work of the new committees develop.
Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Lords, 2021-01-13
Topic: Law and Crime
John Alderdice (Liberal Democrats, Centre to centre-left): We now come to the group beginning with Amendment 27. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate. I should inform the House that, if this amendment is agreed to, I cannot call Amendments 28 to 31 Clause 2: Authorities to be capable of authorising criminal conduct Amendment 27
Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Lords, 2021-01-13
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): I repeat what I said at the start of this debate: that the reduction in the list is not about reducing the number of authorities which can engage covert human intelligence sources. It is about which of those authorities can grant criminal conduct authorisations—as the noble Lord, Lord Cormack, put it, fighting crime by allowing the commission of crime. I acknowledge the reduction in the number of authorities that can engage human sources. I had hoped that I had explained that at the start of the debate, when I sought to explain the structure of Amendment 27. I do not dispute that a lot of what all the authorities in question deal with is very serious, including organised crime in some instances, but I have to say that I end this debate far more disturbed and distressed than I was half or three-quarters of an hour ago. We seem to be sliding into an acceptance of the position that, if there can be a CHIS, subject to the safeguards in particular cases that we have spent quite a lot of time on, there can be a criminal authorisation Should every public body have what has been described as a tool? It is a tool, but it should be a tool employed and allowed in only the narrowest, most specific and most extreme of circumstances, which is what the agencies that remain on the list of those able to grant criminal conduct authorisations deal with. They deal with extreme circumstances, and that includes the police. If every public body or public authority on this list has a tool, how should we regard the police? How should we think about society’s attitude to using crime to fight crime? I should have thought, for instance, that it should be for the police to deal with the theft of vaccine. I had hoped that I had distinguished very clearly between the two different situations I was puzzled by the noble Baroness, Lady McIntosh, saying that she understood that no case studies could be provided for some of the authorities because the provisions were not yet applied. I had thought that the whole Bill was about putting on a statutory basis what had been going on without that statutory basis. However, having said that—quite emotionally, I accept, because I do feel that this is emotional as well as something to which we should apply rigour and judgment, and I had hoped that that was what we were doing—I think it is about how we regard how we run our society, the place of the police in it and the trust that we have in public authorities. However, we have heard Labour say that it cannot support this amendment, so I shall not take the time of the House on a Division and I beg leave to withdraw.
Myanmar — House of Lords, 2021-02-11
Topic: International Affairs
Kishwer Falkner (Liberal Democrats, Centre to centre-left): My Lords, I noticed the Minister’s warm words about co-operating with China and drawing the importance of this matter to its attention. However, does he accept that the military coup would have been impossible had the military, given its very strong relations with China, not been given the nod by the Chinese Government? This is another geostrategic win for China while the West stands by helpless. What long-term plans does the United Kingdom have to reform the United Nations Human Rights Council so that countries such as China, Russia and Saudi Arabia are prevented from making a mockery of global human rights?
Myanmar — House of Lords, 2021-02-11
Topic: International Affairs
Julie Smith (Liberal Democrats, Centre to centre-left): My Lords, the Minister’s indication that the Government are thinking of formally intervening in the Gambia’s genocide case against Myanmar, at the ICJ, is welcome. Given the Government’s preference for Parliament to express its views on genocide now, rather than taking things to a court, could the Minister tell the House whether parliamentary interventions and suggestions on how to intervene would be welcome?
Myanmar — House of Lords, 2021-02-11
Topic: International Affairs
Malcolm Bruce (Liberal Democrats, Centre to centre-left): My Lords, as chair of the International Development Committee in the House of Commons I heard and saw at first hand the brutal atrocities committed during the last era of military rule. Given that the Myanmar economy is largely owned by the army, can we ensure that sanctions are targeted to force the military to recognise that the development of Myanmar and its own interests are incompatible with military dictatorship, and that they are applied in a way that helps those protesting against the coup and avoids hitting the poor hardest?
Universal Credit (Transitional Provisions) (Claimants previously entitled to a severe disability premium) Amendment Regulations 2021 — House of Lords, 2021-02-11
Topic: Social Welfare
Celia Marjorie Thomas (Liberal Democrats, Centre to centre-left): My Lords, I declare that I receive DLA. I applaud the noble Baroness, Lady Sherlock, for tabling this Regret Motion and speaking so lucidly about the issues that we are concerned with The interaction of universal credit with the severe disability premium is not for the fainthearted, as noble Lords will understand. It is a fiendishly difficult subject. What is clear and absolutely shocking is that disabled people on the legacy benefits, including SDP, have received no £20-a-week uplift in response to the pandemic, unlike those on universal credit, as we heard. Unless this particular cohort of claimants gets good advice on whether to migrate to UC, they are likely to lose out over time, as we know that there is no SDP in universal credit. It is very much thanks to our committee, the Secondary Legislation Scrutiny Committee, that the Explanatory Memorandum makes clear what is happening over time Some people would argue that it does not matter because of the disability benefits of PIP and DLA, which are regularly uprated. But we are talking about working-age severely disabled people who will have a great deal of expenditure in their lives, such as installing and regularly servicing appliances, paying for care, extra heating, transport, food and all kinds of things. Being disabled is extremely expensive and we are hearing from many people that they are really struggling. As for the jobs market, it was difficult for disabled people before the pandemic and will be even harder now, with so many people unemployed. People will therefore need all the help that they can get. The Regret Motion should be supported.
Town and Country Planning (Border Facilities and Infrastructure) (EU Exit) (England) Special Development Order 2020 (SI 2020/928) — House of Lords, 2021-02-11
Topic: Environment
Jennifer Elizabeth Randerson (Liberal Democrats, Centre to centre-left): My Lords, I thank the Minister for her detailed response. I am sure she will forgive me if I say that I find some of the Government’s arguments very unpersuasive. However, I look forward to her letter explaining the additional issues that I fully understand she did not have time to address I thank all noble Lords who have taken part. Across the parties here today there has been a very high level of unanimity and great concern about the loss of local democratic processes and the potential level of environmental damage involved in this The Minister finished by commenting on the time lapse, which other noble Lords have mentioned. I am afraid that is an issue with our current procedures, but in the light of that time lapse this Motion today could only ever be a probing Motion. In that spirit, I am therefore prepared to withdraw it.
Covid-19 — House of Lords, 2021-02-11
Topic: Law and Crime
Alan Beith (Liberal Democrats, Centre to centre-left): My Lords, the Minister is right that there must be a penalty for lying about which countries you have been to in these circumstances, but I am surprised at how confident he is that the Forgery and Counterfeiting Act 1981 is a good tool for this purpose. Some offences under it do not attract a ten-year maximum but a two-year maximum, and it seems unlikely that a court would impose a substantial custodial sentence when comparing this with other offences. Does he not recognise that all the headlines about a 10-year prison sentence undermine credibility in the Government’s strategy at a time when we need to support and encourage it?
Covid-19 — House of Lords, 2021-02-11
Topic: Law and Crime
Matthew Owen John Taylor (Liberal Democrats, Centre to centre-left): My Lords, while the Act may have long existed, its attachment to mis-filling out forms certainly has not. It is hard to imagine that at any stage Parliament intended that filling out a form misleadingly, however serious the circumstances, should attract a 10-year sentence. Surely this is something, right or wrong, whatever the principles and whatever the Government might believe is the right thing to do, that should go through Parliament for approval. A 10-year sentence, equivalent to many firearms charges and other serious offences, is surely something that should be subject to parliamentary scrutiny before it is imposed.
Carrier Strike Group Deployment — House of Lords, 2021-04-28
Topic: International Affairs
William John Lawrence Wallace (Liberal Democrats, Centre to centre-left): My Lords, I am a little worried by the air of nostalgia in several paragraphs of this Statement, with references to our "proud history … legendary Second World War vessels", and so on Does the Minister recall the speeches our then Foreign Secretary, Boris Johnson, made in his visits to the Middle East in December 2016 and early 2017, in which he talked about Britain returning east of Suez, having major bases in the Gulf and Diego Garcia and stationing vessels permanently out there—and, perhaps, marines and troops? Does she worry that this may lead us to overextension? Does she also recall that part of the justification for the withdrawal from east of Suez in the mid-1960s was that in order to sustain a ship on station in Singapore or east Singapore, it was estimated that four other vessels were needed—going out, coming back, working up and under refit? If that is what we are committed to, I strongly support the noble Lord, Lord West, in that we need an awful lot more frigates and aircraft carriers than we have.