argyrotsipi/train-dataset huggingface dataset:
Sanctions and Anti-Money Laundering Bill [HL] — House of Lords, 2017-11-21
Topic: Other
Raymond Collins (Labour, Centre-left): I thank the noble Lord for his response and very much welcome his commitment to meet NGOs so that we can discuss their concerns before we come back to this at Report. In the light of those comments, I beg leave to withdraw the amendment.
Sanctions and Anti-Money Laundering Bill [HL] — House of Lords, 2017-11-21
Topic: Mixed Topics
Christopher Lennie (Labour, Centre-left): My Lords, I reassure the noble and learned Lord, Lord Judge, that his grandchildren will probably be safe for some years because I do not think that sanctions on Malta are likely. However, were they ever to be so, his grandchildren would be at some risk. That is the point he is making in the amendment I do not know whether it is by intention, but the provision is very wide-ranging indeed in its application. Such a catch-all approach can be helpful in some circumstances. While it can gather in all that needs to be gathered in for sanction, it is extremely rough justice for those who are unknowingly, unwittingly and unfairly caught by it. I shall complete the quotation from the Constitution Committee report referred to by the noble and learned Lord, Lord Judge. The report stated: "The House may wish to consider whether it is appropriate for ministers to enjoy such a broad power, which is not confined to persons who have committed acts of misconduct or who have a personal responsibility for the policy of a repressive state or who have a particular status in that state" It would be everyone connected with that state—even the grandchildren of the noble and learned Lord. We support the amendment.
Sanctions and Anti-Money Laundering Bill [HL] — House of Lords, 2017-11-21
Topic: Other
Raymond Collins (Labour, Centre-left): My Lords, I do not have much more to add. Obviously, the amendments in this group are probing. I hope the Minister can respond in terms of what the current arrangements are in respect of the circumstances outlined in the amendments and how they may not be necessary. As the noble Baroness said, it is important that we consider all the unintended consequences, as well as our objective of imposing sanctions that are effective.
Sanctions and Anti-Money Laundering Bill [HL] — House of Lords, 2017-11-21
Topic: Mixed Topics
Christopher Lennie (Labour, Centre-left): Amendments 33 and 34 concern Clause 10. Where Clause 10(6) says: "The regulations may make provision, for the purposes of the regulations, as to the meaning of a person’s", we want to replace the word "may" with "must". We also want to add a final subsection to the end of the clause, as follows: "( ) The regulations must make provision for the notification of persons designated under subsection (3)(b) to (d), and such notifications must state, to the fullest possible extent consistent with the purpose of the regulations … which person or persons the designation has been made in connection with, and … the nature of the connection identified for the purposes of the designation" It is a question, if you are going to designate, of identifying who the person is associated with and what are the reasons for associating with them The regulations must make provision for the notification of persons designated on the grounds of indirect involvement in prohibited activities, including the requirement to inform such persons of the specific nature of any activities or other persons they have been designated in connection with. I am not sure how they are to know unless they are advised as to what it is and who it is they have been designated for associating with.
Sanctions and Anti-Money Laundering Bill [HL] — House of Lords, 2017-11-21
Topic: Civil Rights
Raymond Collins (Labour, Centre-left): Maybe I should read out the Constitution Committee’s report, as it might be helpful for the record. We have to acknowledge, like the noble and learned Lord, Lord Judge, that at Second Reading the Minister said that where human rights were affected, a Minister would always need to comply with the European Convention on Human Rights and Strasbourg case law, which will include an assessment of proportionality. The Constitution Committee said it was grateful for those words, but it is such an important limitation on ministerial powers that it should be expressly stated in the Bill. I know the Minister will say, "I am considering the report of the Constitution Committee and the Delegated Powers Committee", but I hope that by the time he and his colleagues have read those reports, they will be able to come back and agree to the insertion of this very long but important word.
Data Protection Bill [HL] — House of Lords, 2017-11-13
Topic: Mixed Topics
Robert Stevenson (Labour, Centre-left): I followed the Minister quite well until the last exchange, where I got a bit confused. Is he saying in some sense that there may be a case for two types of derogation: that that which applies to compulsory insurance—there are strong public interest reasons why it should be continued—might be done under one derogation and the rest raised as more specific items, as suggested by the noble Earl?
Data Protection Bill [HL] — House of Lords, 2017-11-13
Topic: Other
Roy Kennedy (Labour, Centre-left): My Lords, I thank all noble Lords for speaking in this debate. As I think the noble Lord, Lord McNally, said, these amendments would delete just two words, but we have had a very important debate. We tabled the amendments to probe these issues, which are very important. I am pleased that the noble Lord, Lord Ashton of Hyde, has agreed to meet us because we need to discuss this. It would be much better if we could get interested Peers from this House and officials from various parties together to sort this matter out, rather than leave it and let it go to the other place. We have a much better record of sitting down and sorting such issues out. I hope, if we need to amend the Bill, we do so on Report. Before we have our meeting—I accept it will be quite a big meeting—it would be useful if the noble Lord wrote to me, if he can, and to other interested Lords so we can have the Government’s position on paper before we sit down. That would help our discussions and move them on. There is a community of interest among noble Lords I certainly agree with the points made by the noble Lord, Lord McNally, and by my noble friends Lord Whitty and Lady Jay, but we need to focus on these issues, get them right and get proper amendments in place to protect parties and campaigners as they do their proper and lawful work. At this stage, I am happy to withdraw the amendment.
Data Protection Bill [HL] — House of Lords, 2017-11-13
Topic: Mixed Topics
John Alston Maxton (Labour, Centre-left): My Lords, how does the noble Lord define sport? That is a major question. For instance, in snooker, which I believe is defined as a sport, it is recognised that beta blockers are a banned substance whereas in other sports they would not necessarily be banned. Dancing is not defined as a sport although it demands very much more activity than either darts or snooker, which is a sport.
Data Protection Bill [HL] — House of Lords, 2017-11-13
Topic: Domestic Commerce
Robert Stevenson (Labour, Centre-left): My Lords, once again your Lordships’ House is very grateful to the noble Lord, Lord Moynihan, for raising this issue and, as the noble Lord, Lord Clement-Jones, said, for doing so in such a comprehensive way. It is in the context of the much wider range of issues that the noble Lord, Lord Moynihan, has been pursuing regarding how sport, gambling and fairness are issues that all need to be taken together. We have been supporting him on those issues, which need legislation behind them Noble Lords may not be aware that we have been slightly accused of taking our time over the Bill. I resist that entirely because we are doing exactly what we should be doing in your Lordships’ House: going through line-by-line scrutiny and making sure that the Bill is as good as it can be before it leaves this House. We saw the noble Lord, Lord Moynihan, at the very beginning of Committee and he then dashed off to Australia to do various things, no doubt not unrelated to sport. He has had time to come back and introduce these amendments—but, meanwhile, the noble Lord, Lord Clement-Jones, and I were debating who was going to pick the straw that would require us to introduce them. We were very lucky not to have to do so because they were introduced so well on this occasion Our amendment in this group is a probing amendment that picks up on some of the points already made. It raises the issue of why we are restricting this section of the Bill to "sport"—whatever that is. If we are concerned about performance enhancement, we have to look at other competitive arrangements where people gain an advantage because of a performance-enhancing activity such as taking drugs. For instance, in musical competitions, for which the prizes can be quite substantial, it is apparently possible to enhance one’s performance—perhaps in high trills on the violin or playing the piano more brilliantly—if you take performance-enhancing drugs. Is that not somehow seeking to subvert these arrangements? Since that is clearly not sport, is it not something that we ought to be thinking about having in the Bill as well? I say that because, although the narrow sections of the Bill that relate to sport are moving in the right direction, they do not go far enough. As a society, we are going to have to think more widely about this as we go forward.
Data Protection Bill [HL] — House of Lords, 2017-11-13
Topic: Mixed Topics
John Alston Maxton (Labour, Centre-left): As a result of the answer given to me by my noble friend, I have looked this up. It says: "Use of recreational or social drugs is banned in sport", even though they may be, "detrimental to sporting performance and result in a positive test result weeks later" It is not just drugs that enhance performance that are banned but those which do not enhance performance.
Data Protection Bill [HL] — House of Lords, 2017-11-13
Topic: Mixed Topics
Leslie John Griffiths (Labour, Centre-left): My Lords, if the House will indulge me, having heard someone who described herself earlier as a foot soldier in her army of volunteers, I can now identify her as a beaver in the battalion of dam building. It seems that by broadening all that falls under the term, "legal claims", and, of course, on the advice of the Bar Council, some common sense is being alluded to here and therefore we have no hesitation in joining our forces to those we have heard so ably expressed.
Data Protection Bill [HL] — House of Lords, 2017-11-13
Topic: Mixed Topics
Robert Stevenson (Labour, Centre-left): My Lords, Clause 12 deals primarily with credit reference agencies. It is not an area that I think we want to go through in complete detail, but in comparing the current version of the Bill with the provisions in the Data Protection Act 1998, in particular Section 39(2), we wondered whether the updating of that provision was entirely correct and thought it would be helpful to give the Minister a chance to respond to that point The question that underlies the suggestion that the clause should not stand part is whether Clause 12 constitutes a restriction on a data subject’s access rights. It can be read as a presumption that a data subject in this area is asking only about their financial standing, and not for other data that the credit reference agency might have. The provision therefore might be said to run contrary to the underpinning rationale behind the GDPR that data controllers should be transparent and that data subjects should not be put in the position of having to guess what data is held about them in order to ask for it I am sorry to have to refer again to a recital, but recital 63, which the Minister might be aware of, specifies that among other purposes, the right of access is to allow a data subject to be aware of the data held about them so as to be able to, "verify … the lawfulness of the processing" that is taking place. This is different from the wording in Clause 12, in that the trigger appears to be based on the quantity of data rather than the type of controller. There is also no presumption about the nature of the data that the data subject wants. I think I have said enough to suggest that there is possibly an issue behind this and I would be grateful if the Minister could respond to that point.
Data Protection Bill [HL] — House of Lords, 2017-11-13
Topic: Domestic Commerce
Robert Stevenson (Labour, Centre-left): I am grateful to the Minister for her response. I think we agree that any impact on one’s credit standing is a major issue and that it is really important that we get this right. Although she did not specifically say so, I take it that all the big companies involved in this field were consulted before this measure was put forward. One notices, but does not make any comment, that Equifax is one of the companies concerned—and look what happened to it The message coming through is that the DPA 1998 provisions are being reproduced here: there is no intention to change them and people should not be concerned about this. On that basis, I will not object to Clause 12 standing part of the Bill.
Data Protection Bill [HL] — House of Lords, 2017-11-13
Topic: Civil Rights
John Lawrence Whitty (Labour, Centre-left): My Lords, my name is attached to two of these amendments. This is a very difficult subject in that we are all getting used to algorithmic decisions; not many people call them that, but they are what in effect decide major issues in their life and entice them into areas where they did not previously choose to be. Their profile, based on a number of inter-related algorithms, suggests that they may be interested in a particular commercial product or lifestyle move. It is quite difficult for those of my generation to grasp that, and difficult also for the legislative process to grasp it. So some of these amendments go back to first principles. The noble Baroness, Lady Hamwee, said that the issue of human rights trumps everything. Of course, we all agree with that, but human rights do not work unless you have methods of enforcing them In other walks of life, there are precedents. You may not be able to identify exactly who took a decision that, for example, women in a workforce should be paid significantly less than men for what were broadly equivalent jobs; it had probably gone on for decades. There was no clear paper trail to establish that discrimination took place but, nevertheless, the outcome was discriminatory. With algorithms, it is clear that some of the outcomes may be discriminatory, but you would not be able to put your finger on why they were discriminatory, let alone who or what decided that that discrimination should take place. Nevertheless, if the outcome is discriminatory, you need a way of redressing it. That is why the amendments to which I have added my name effectively say that the data subject should be made aware of the use to which their data is being made and that they would have the right of appeal to the Information Commissioner and of redress, as you would in a human-based decision-making process that was obscure in its origin but clear in relation to its outcome. That may be a slightly simplistic way in which to approach the issue, but it is a logical one that needs to be reflected in the Bill, and I hope that the Government take the amendments seriously.
Data Protection Bill [HL] — House of Lords, 2017-11-13
Topic: Other
Robert Stevenson (Labour, Centre-left): That is a no, then. Oh well, these things happen. You are up one minute and then down. We cannot live like this, can we? However, it is only the Committee stage and we have plenty of time. We can presumably inveigle the Minister into a meeting about this. Not with everyone concerned because that would be too much, but I would be happy to meet him about this on neutral turf if possible. I am fairly confident that we would not want to see the Government voting against a manifesto commitment, which I think I heard him say. We can be reasonably certain that progress can be made on this issue and I wish to signal here our considerable support for that. I look forward to the discussions and beg leave to withdraw the amendment.
Data Protection Bill [HL] — House of Lords, 2017-11-13
Topic: Mixed Topics
Robert Stevenson (Labour, Centre-left): Perhaps I may pursue this for a second. It is late in the evening and I am not moving fast enough in my brain, but the recitals have been discussed time and again and it is great that we are now getting a narrow understanding of where they go. I thought we were transposing the GDPR, after 20 May and after Brexit, through Schedule 6. However, Schedule 6 does not mention the recitals, so if the Minister can explain how this magic translation will happen I will be very grateful.
Data Protection Bill [HL] — House of Lords, 2017-11-13
Topic: Mixed Topics
Robert Stevenson (Labour, Centre-left): I knew I was slow. We are moving to applied GDPR; that is correct. The applied GDPR, as I read it in the book—that great wonderful dossier that I have forgotten to table; I am sure the box can supply it when we need it—does not contain the recitals.
Data Protection Bill [HL] — House of Lords, 2017-11-13
Topic: Immigration
Roy Kennedy (Labour, Centre-left): My Lords, first, I welcome the noble Baroness, Lady Williams of Trafford, back to the Committee. Every time I get to the Bill I speak either to her or to the noble Lord, Lord Bourne of Aberystwyth, so I am glad we are back again in Committee. Amendment 80, moved by the noble Lord, Lord Clement-Jones, would delete paragraph 4 from Part 1 of Schedule 2 to the Bill, as we have heard. I have added my name to the amendment, as have the noble Lord, Lord Paddick, and the noble Baroness, Lady Jones of Moulsecoomb. The amendment deletes the whole paragraph which exempts personal data from the GDPR provisions as they relate, first, to the maintenance of effective immigration control and, secondly, to the investigation or detection of activities that would undermine the maintenance of effective immigration control. I want to be very clear that the intention of this amendment is to enable the Government to explain to us why they think the paragraph is necessary. As we have heard, it is very wide ranging and has been rejected in the past, so I hope the Minister can explain why it is so important that this paragraph gets through in the Bill. The noble Lord, Lord Clement-Jones, raised important points about the broad potential risks to data subjects’ rights, as did the noble Baroness, Lady Hamwee, and my noble friend Lady Jones of Moulsecoomb I certainly want an effective immigration service and policy, along with proper immigration controls. Having said that, I am not happy with many aspects of the policies being pursued by the Government with respect to immigration. They are ones that I do not support and they have damaged our reputation as a generous country that has been respected around the world. Unfortunately, that is not the only area where the Government have damaged our reputation. I should like the noble Baroness to explain very carefully why she believes that there is a need for this provision and where it differs from what is already in force. As we have heard, under other provisions the Government have what they need in terms of ensuring that these matters are dealt with properly. The exemptions certainly appear to be wide ranging and I want to be convinced that they are absolutely necessary. As I said, there are provisions in other Acts that the Government can rely on. At this stage, I await the response of the noble Baroness.
Space Industry Bill [HL] — House of Lords, 2017-11-14
Topic: Mixed Topics
Richard Rosser (Labour, Centre-left): My Lords, we debated a similar amendment in Committee. The Government said in response that they would work to ensure that we got the best deal with the EU to support strong growth in the sector, but that they did not consider that including provisions related to the EU negotiations would improve the Bill or the support that the Bill, which is about regulation of UK space activities and suborbital activities, would provide to the sector. The Government went on to say that it would be damaging to the UK’s negotiating position with the EU if information on the potential economic consequences of leaving the EU was disclosed. The difficulty the Government have is that their whole argument for bringing this skeletal Bill forward at this time—one year before discussions on the detailed and extensive secondary legislation start, and nearly two years before that crucial secondary legislation is considered by Parliament—is to end uncertainty for the space industry by showing that the Government intend to provide a structure for UK space activities and suborbital activities. Surely, however, part of the uncertainty at present is the impact our departure from the EU, and the terms on which we depart, will have on the UK space industry, and thus on investment decisions If the objective really is to remove uncertainty, as opposed to producing the Bill at this time to fill up the gaps in parliamentary business left by the Government’s almost non-existent legislative programme, why are they not prepared to reduce the uncertainty over the potential impact on the industry of our withdrawal from the EU by providing an assessment of what that impact could be? The amendment calls for a report of the assessment to be laid before Parliament within one year of the Act passing or on the day on which it is passed if that assessment has already been undertaken. Surely such an assessment would also be of real value to all the parties concerned when the discussions start on the crucial regulations that will provide the important details that are sadly missing from the Bill Once again, when discussions on the regulations start, why are the Government declining to provide the parties concerned with details of the not insignificant issue of the impact on the space industry and on the Bill as a result of our departure from the EU?
Space Industry Bill [HL] — House of Lords, 2017-11-14
Topic: Mixed Topics
Denis Tunnicliffe (Labour, Centre-left): My Lords, I too have spent most of my career in safety-critical environments. I thank the noble Lord, Lord Fox, for his support. It is not directly related to the Bill, but I will take this opportunity to agree with his statements about the essence of a good safety organisation. It is crucial that safety goes from the top to the bottom and that the chief executives and the board, right down to every worker, know that safety is part of their responsibility. I hope that attitude will go through this new industry, especially as we move into the manned spaceflight phase I thank the Minister for her assurances. It is important that we have clear, single point accountability among regulators. If it is in the public domain, I would value a copy of the memorandum between the HSE and the appropriate regulators. With those few comments, I beg leave to withdraw the amendment.
Space Industry Bill [HL] — House of Lords, 2017-11-14
Topic: Other
Denis Tunnicliffe (Labour, Centre-left): My Lords, I think that is a win. I see the noble Baroness nodding, and I take it that the Government will be tabling an amendment in the other place. On that understanding, I beg leave to withdraw the amendment.