argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Civil Rights
Richard Cavendish (Conservative, Centre-right): My Lords, if I may, I will give another non-legal observation. It is a pleasure to follow the noble Lord, Lord Howarth, whose speech I agree with—and how very eloquent it was It is a regret of mine to live in an age which is so much obsessed with human rights and so little concerned with human responsibilities. Saving their presence, I rather think that the spiritual Bench below me might reflect on how little it has succeeded in teaching the parable of the good Samaritan and similar stories. Collectively, those stories almost do away on their own with the provisions of the absurd CFR. My point is that the good Samaritan behaved as he did of his own volition, not because he was told to by a bunch of lawyers and professional politicians. We tend to look at social problems through the wrong end of the telescope: we need a change of culture, not another set of often duplicated rights Specifically, as has been mentioned, the charter is EU-specific and EU-centric. It would therefore need extensive retailoring to fit in with our own laws. To a layman, a major defect—as again has been mentioned—of placing CFR into UK law is that it would empower courts to disapply Acts of Parliament. The noble Lord, Lord Pannick, tried to deal with this, but he did not deal with it accurately; I will, however, leave that to other lawyers. To disapply a law is different from us changing a law when it comes on to our statute book in due process. It strikes me as inevitable that such a move would conflict with the Human Rights Act, the ECHR, our own common law or all three The charter has come in for criticism over the years from Tony Blair, Alastair Campbell, the noble Lord, Lord Hain—who is, sensibly, not in his place—and, most notably, the noble and learned Lord, Lord Goldsmith. It was also eloquently attacked by my right honourable friend Kenneth Clarke. Why was there a change of heart? It was never explained before, and I look forward to hearing why there is a change of heart now Some of the provisions are so woolly and aspirational as to render them unsuitable and even dangerous if incorporated into our own law. They include the right to respect for physical and mental integrity and the right to pursue an occupation and a guarantee of a high level of environmental protection. Those are not the sort of things that ought to appear in this sort of document. Such vagueness is surely an invitation to what has been described as judicial adventurism in the courts I have no intention, of course, of putting in jeopardy the livelihood of the noble Lord, Lord Pannick, although I strongly disagree with him that his amendment adds certainty. The charter mounts to virtue signalling on an industrial scale. Governments need to govern, not to rehearse constantly how virtuous they are. It is time that we destroyed this amendment and voted it down.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Mixed Topics
James Peter Hymers Mackay (Conservative, Centre-right): My Lords, I will say a few words about this amendment. First, it is important to notice that the charter applies only when the EU law is implemented; therefore, the non-discrimination that the noble Lord, Lord Cashman, talked of is applicable only when EU legislation is implemented. There is a recent case in the Supreme Court which says exactly that. It did not allow claims of non-discrimination in a case where the law which was being implemented was not EU law. Therefore, this charter is very restricted in that respect. In addition, while we are in the EU we are implementing EU law, but there is a serious question as to whether we will be implementing EU law at all after Brexit. This is a matter of how you interpret the idea of bringing EU law into our law on Brexit day. However, it is extremely important that the whole charter is being incorporated by this amendment, including these serious restrictions, which are not easily applicable in Northern Ireland or elsewhere. I was interested to hear in Committee about the situation as regards Northern Ireland. The implementation of the charter in its present form in our law would be extremely defective Secondly, once we are out of the EU, surely the fundamental part of our constitution should be respected—that is, that the courts of Westminster Hall, as they were, and the courts of justice of our land have no jurisdiction to set aside Acts of Parliament. One of the fundamental aspects of this charter is that it professes to give the right to set aside Acts of Parliament when they are in breach of these particular responsibilities. In my submission it has been a fundamental part of our constitution for many years that Acts of Parliament cannot be set aside by the judiciary. That is nothing to do with the qualifications of the judiciary; it is to do with setting a reasonable control in a democracy in the hands of the elected representatives. You have only to look at the United States to know how different it is where the Supreme Court has the ultimate authority over the constitution of the United States and what the House of Representatives and the other aspect of its legislature can pass.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Other
Richard Keen (Conservative, Centre-right): My Lords, I thank all your Lordships for an interesting debate which has addressed some of the issues in considerable depth. In a short but telling address, the noble Lord, Lord Howarth, noted that he was not a lawyer, but he exhibited a depth of understanding and a delicacy of touch in respect of our constitutional settlement that is absent from many lawyers, including, I fear, one or two who have spoken in this Chamber.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Mixed Topics
Richard Keen (Conservative, Centre-right): There we go The next stage is to say that we as a Parliament do not trust our ability to hold the Executive to account. Then we go on to the next stage to say, of course, that we do not trust the electorate to return a Parliament that is capable of protecting their fundamental rights. What happened to the mother of Parliaments? What happened to the concept of the sovereignty of this Parliament? We are apparently prepared to abandon it in favour of a body of foreign law because we no longer trust ourselves to protect our own fundamental human rights. Is that what we have really come to? It is a shocking dénouement: whether you wish to leave the European Union or you do not wish to leave the European Union, the idea that we are going to have to cling on to a body of foreign law in order to maintain fundamental human rights in this country is simply astonishing. As I indicated before, it would reflect not only a constitutional outrage but a total abdication of our responsibilities Looking to Amendment 15, what is it actually going to do? It is going to bring into our domestic law a charter that relies upon union law—a developing body of foreign law going forward. Are we going to monitor this, because we are not ring-fencing the terms of the charter if we bring it into retained EU law? It will be subject, going forward, to the Explanatory Notes; it will be subject, going forward, to the development of Union law; and on the back of that, where we are supposed to be directly implementing EU law—and I can only infer that the intention of the amendment, although it is not stated and cannot be found there, is that this applies to retained EU law rather than EU law itself—the intention is that we should therefore be bound to watch while primary legislation of this Parliament is struck down on the application of a foreign body of law. We need to wake up to why the charter in its present form does not sit with our future constitutional settlement after we leave the EU and why it does not fit with the body of retained EU law that is referred to in the Bill.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Civil Rights
Rosalind Altmann (Conservative, Centre-right): I shall speak to the amendment, to which I have added my name. I urge my noble friend the Minister to give us the reassurances that we seek. I believe that the Government want this country to be at the forefront of equality rights, work-life balance, improvements for parents and carers and family-friendly employment. I hope he can reinforce the commitment to aspire to the race to the top in these protections for what are such important rights in terms of equality.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Mixed Topics
James Peter Hymers Mackay (Conservative, Centre-right): My Lords, I had the privilege of hearing the noble Lord, Lord Warner, explain the position in Committee. When I heard him speak, it roused in my mind the thought that the decision in the packaging case was extremely important. In particular, the doctrine that the noble Lord, Lord Warner, seeks to establish must have been relied upon by the Secretary of State to defend that decision; important rights of the tobacco companies were at issue as well, such as complicated trademark legislation. When I looked at this, I thought it was absolutely clear that Mr Justice Green was relying upon Article 168 and the principle of the high value of human health in his judgment in favour of the Secretary of State. Therefore, that must have been part of our law at the time when Mr Justice Green was deciding the case, which was in 2016. If it was part of our law then, it will remain part of our law in light of the provisions in the Bill when Brexit comes along I was not privy to the earlier situation which the noble Lord, Lord Warner, described, and there may have been some difficulty in having this clarified. Mr Justice Green was deciding this in the High Court. The case went to the Court of Appeal, where in one judgment given by three judges—they say that they all contributed to the judgment—they absolutely affirm that the judge was right and that his approach was in accordance with EU law. That is EU law as it was; part of the law of the United Kingdom in 2016. Therefore, I consider that it must be preserved by the retention of the EU law that we have here. In my view, what the noble Lord the Minister has now said makes it clear that the Government now accept that position. It does not depend so much on the Government’s word as on the fact that the courts recognise this principle as part of EU law applicable in 2016. I cannot see any answer that can be given to try to rule it out. Therefore, I am content with what the Government have come out with and glad they gave me the opportunity to discuss this with them this afternoon. There were quite a number of members of the department there and we had a fairly frank discussion which has, I am glad to say, produced what I think is a reasonable result.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Mixed Topics
Ian Duncan (Conservative, Centre-right): This has been a short debate but an instructive one. I am somewhat sorry that we have not had longer to share with noble Lords the remarks that I made this afternoon. The key thing about the statement I made earlier, and I suppose it was one of the aspects at the heart of the concluding statements from the noble Lord, Lord Hunt, was about the notion of trust. I am tempted to say, as I used to say many years ago, "You can trust me. I’m a doctor". but my doctorate is in palaeontology so I am afraid that that is perhaps not quite as useful in this regard. The important thing is not that noble Lords trust the Government or, indeed, any Government, but rather that the case law itself can be used to hold that Government to account In the case cited, the UK Government were the principal beneficiary across the entire EU when it came to the packaging of tobacco products. As the noble and learned Lord, Lord Mackay of Clashfern, confirmed, we did not explain well enough that these particular rules and aspects of Article 168 are and will be available post Brexit. They will allow for the Government—if need be—or others, to be challenged, drawing on the elements of Article 168 as they stand today and as they will stand after Brexit In truth, the Government are broadly neutral on the concept of the amendment, primarily because we recognise that the functionality of Article 168 will not be undermined by what happens as we go forward. For that reason, I am afraid that I am not able to give greater comfort on this occasion. Indeed, should the noble Lord wish to test the House, I shall in due course suggest that he does so However, before I get there, it is important to stress that the UK Government were a principal beneficiary of the Article 168 approach and the concept of public health being at the epicentre of law-making. Due to the broadly established case law and, ultimately, the interpretation that will rest in the hands of the domestic courts, I believe that we are in a strong position. I know that matters of wider trade were raised, and there will be opportunities to discuss those as we look at these questions at another time, but as far as the amendment is concerned, I believe that as my noble and learned friend Lord Mackay affirmed, we are now in a good position to offer certainty, which is worthy.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Other
Ian Duncan (Conservative, Centre-right): For the good of my own health, we will reflect on this matter and we will be able to come back to it in due course. In the meantime, we will ensure that the intervention is circulated widely so that noble Lords can see exactly where we stand on this matter. I hope that that is helpful.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Civil Rights
Edward Faulks (Conservative, Centre-right): My Lords, the genesis of this debate is at least in part the evidence that the former President and current President of the Supreme Court gave to the Constitution Committee of your Lordships’ House. We had a good debate in Committee. It is clear that the judges wanted clarity as to how they should approach decisions of the European Court of Justice post Brexit, perhaps not least because of the difficulty they had relating to the Human Rights Act in determining what "taking into account" meant. Clarity would certainly have followed if they were told either to follow or to ignore the decisions, but that would not have been sensible or what the Government wanted As a result, we were engaged in something of a struggle to find the right formulation. The word "appropriate" in the original Bill received an almost unanimous no. "Relevant" is clearly important, but in some senses it is hardly necessary because the court will not take into account a decision that is irrelevant. I tabled an amendment, which is before the House, saying "relevant and helpful". I readily concede that "helpful" is not a word that often finds its way into statute. However, I was quoting precisely what the noble and learned Baroness, Lady Hale, recently said about how the court would regard, for example, foreign law and whether it would follow it because the reasoning was persuasive, rather than because it was bound to follow it Therefore, "relevant" on its own is, frankly, suboptimal, but I have been nevertheless persuaded by what my noble and learned friend said. It is the result of a number of heads being put together and the best conceivable solution being found. I was particularly reassured by his answer to the four points raised by the noble Lord, Lord Pannick, not least his answer to his fourth point about the position of the Lord Chancellor, which I am sure everybody in this House would support.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Mixed Topics
Patrick Cormack (Conservative, Centre-right): My Lords, I thought the Minister was a little harsh on the noble Baroness, Lady Hayter, and on the amendment which the House passed by a very large majority last week, but let that pass for the moment. I am grateful to my noble friend for making a genuine attempt to understand some of the concerns which can be summarised very briefly. This House is very concerned that taking back control means Parliament taking back control, not the Executive amassing more power to themselves, so he must understand that we will all want to read what he said. Some of it seemed very helpful but we will want to look very carefully at what the Government are actually proposing. It seems a gentle move in the right direction but, just as we have to consider carefully what the Minister has said, I say to him with great respect that he has to reconsider what the House decided last week, because it decided by a very large majority A final word of thanks to my noble friend: he has been dismissive of a number of pleas that some matters should be returned to on Third Reading. One understands why, but at least he has been emphatic tonight in realising that we will have to come back to some matters on Third Reading, and for that I thank him.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Other
Martin Callanan (Conservative, Centre-right): My Lords, I can be very brief in the light of the debate. I thank all noble Lords who have contributed. I express particular thanks to the noble Baroness, Lady Bowles, for tabling her amendment, which has resulted in this helpful debate As I said in opening, I recognise that the state of this legislation is a complex and vexed issue. As a non-lawyer, I have been struggling to get my head around it all as well. The approach that we have taken is one of pragmatism, recognising the existing hierarchy within EU law and seeking to balance effective scrutiny with the need to ensure that the law continues to function. This has not been an easy task but obviously I believe that the solution that we have arrived at is the right one. I accept that the remarks I made earlier were long and detailed and Members will want to reflect on them, so I shall repeat what I said: we think we have addressed the areas of importance where matters turn on the distinction between primary and subordinate legislation. Our discussions so far with many both inside and outside this Chamber have not identified any other such matters, but I repeat that I am happy to return to the issue at Third Reading if other areas are identified I thank my noble friend Lord Cormack for his contribution. I hope my remarks were not seen as dismissive of the House’s amendment the other day; of course we accept the decision that was made, but I thought it helpful for us to outline our initial thinking on the possible effects of that amendment at the earliest possible occasion. I also thank the noble Lord, Lord Pannick, for his remarks. I am happy to confirm that either I or officials are happy to meet any other noble Lords who have concerns once they have had a chance to read the remarks that I made earlier today. With that, I hope I have convinced the House that our approach is the right one, and I beg to move.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Other
Patrick Cormack (Conservative, Centre-right): My Lords, I thought that when my noble friend nodded in assent to the noble and learned Lord, Lord Goldsmith, he was indicating that he would be bringing back something a little more extensive at Third Reading following conversations that were going to be held.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Other
Martin Callanan (Conservative, Centre-right): I wanted to move the amendments now. I am happy to reflect further if any points are identified in the meantime that can be brought forward at Third Reading, but I still want to move the amendments.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Other
Martin Callanan (Conservative, Centre-right): Yes, I am happy to provide that assurance. As I said, it was a long and detailed speech on this area, and Members will want the opportunity to read it in detail and reflect further on it. I think I want to move my amendments now while indicating that, if there are still concerns, we would be prepared to return to the issue at Third Reading.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Other
John Taylor (Conservative, Centre-right): That the order of the House of 16 April be vacated, and that amendments for the Report stage be marshalled and considered in the following order: Clauses 1 to 5, Schedule 1, Clauses 6 to 9, Clause 16, Clause 17, Clause 10, Schedule 2, Clause 11, Schedule 3, Clause 14, Schedule 6, Clause 15, Clause 12, Schedule 4, Clause 13, Schedule 5, Clauses 18 and 19, Schedule 7, 8 and 9, Title.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Other
John Taylor (Conservative, Centre-right): My Lords, I beg to move the Motion standing in the name of my noble friend Lord Callanan on the Order Paper. In doing so, I would like to explain the need for a revised Order of Consideration Motion. Noble Lords will be aware that the Government have been working with the devolved Administrations on amendments to Clause 11. To ensure that the House can consider the amendments in good order and to allow the amendments to be tabled a week before the debate, this Motion moves Schedule 7 to ensure that any consequential amendments to the schedules can be considered alongside the relevant clauses.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Other
William Spicer (Conservative, Centre-right): My Lords, I enter one word of caution. The choice might not be between Parliament and Ministers, but between Ministers and civil servants. To change it to "necessary", one has to use judgment about that word just as much as the previous one.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Mixed Topics
Douglas Hogg (Conservative, Centre-right): My Lords, I serve as the legal assessor to regulatory panels and in the course of that, we have to address the meaning of the word "necessary". The panels that I work with, as a general proposition, have no difficulty in identifying the meaning of that word. It is also used as useful protection for people because it is a higher threshold than "appropriate", "desirable" or a range of other words that are used. I say to the noble Baroness that in my experience as a regulator, "necessary" does not constitute a difficulty along the lines that she has suggested.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Other
Martin Callanan (Conservative, Centre-right): Again, I thank noble Lords for their brief contributions. As I said in moving the amendment, this group comprises simple amendments and I hope that I have convinced the House to accept them in the spirit in which they have been tabled.