argyrotsipi/train-dataset huggingface dataset:
Policing and Crime Bill — House of Lords, 2016-11-02
Topic: Law and Crime
Betty Boothroyd (Crossbench, Unknown): My Lords, I support this very splendid amendment that has been moved by the noble Lord, Lord Marlesford, and spoken to by your Lordships warmly and welcomingly. In many cases, the people we are speaking about here—and I say this in front of many people here who have given great service to the police—have been harassed by the police. On many occasions, they have been pilloried by the press. We were just talking about the press in an earlier debate. Often they do not spoil a good story with the facts. The relations of persons who have been questioned under caution with their immediate relationships have been spoiled and bruised. Their relationships with friends have been harmed. At the end of the day they deserve to be more precisely dealt with. We need precise wording here and more direction—they deserve nothing less. I like the wording of "lack of evidence" and I ask the Minister to either accept this or look at it again, and I say to the noble Lord, Lord Marlesford, that if he puts this to the House for a decision I shall be in the Lobby in support of him.
Policing and Crime Bill — House of Lords, 2016-11-02
Topic: Law and Crime
David Clive Wilson (Crossbench, Unknown): My Lords, I have not spoken before on this Bill but I will speak very briefly in support of the amendment moved by the noble Lord, Lord Marlesford. There is no need to name names. All of us in your Lordships’ House know of people who have been mistreated over the past months in the way that their cases have been dealt with and summed up by the police. The reputations of some very distinguished people have been damaged as a result. If those people have been treated in that way, there must be many others who have been treated similarly I confess to some doubts about whether legislation is the right way to deal with this. It seems a very large sledgehammer for what should be a small nut but it has been a terribly resistant nut and perhaps we have to use legislation. One would have thought that something like Standing Orders would be sufficient. But if this amendment is put to your Lordships’ House, I would support it.
Policing and Crime Bill — House of Lords, 2016-11-02
Topic: Law and Crime
Dafydd Elystan-Morgan (Crossbench, Unknown): My Lords, I feel very privileged to add my humble voice to the very distinguished voices that have already spoken on this matter. Many, many years ago, in what was then the old Wales and Chester Circuit, a verdict was returned by a jury in south Wales: "just a little bit guilty". That was in a trial so not dealing with exactly the same issue that is now before the Committee. We must be very careful not to have a wording that suggests that there may be just a little bit of evidence and no more. I am not exactly sure how that should be worded but I am sure that it is not beyond the wit of draftsmen to bring it about. Whether it should be by way of statute or some administrative provision, I leave to the good judgment of those concerned.
Policing and Crime Bill — House of Lords, 2016-11-02
Topic: Law and Crime
Geoffrey Dear (Crossbench, Unknown): My Lords, I echo the words that we have just heard. I have considerable sympathy with the emotions and reasoning behind the amendment of the noble Baroness, Lady Walmsley. I make no comment about staffing in psychiatric wards—I have no knowledge of that—but as I speak against this amendment, we should remember that the Taser was introduced as an intermediate stage. It is intermediate between the use of batons, pepper sprays, CS gas and so on the one hand and firearms on the other. A Taser is not a firearm. It is something akin to it—it looks rather like one—but it is not a firearm within the definition of the Act. It does a different thing altogether. There is a violent interaction; of that, there can be no doubt. It brings immediate incapacity and some discomfort when it is fired but, as is sometimes said, in fact it knocks down the individual completely. That has to be the object of the exercise Perhaps I can give the Committee a circumstance which has already been alluded to. On a psychiatric ward a patient, for whatever reason, has become exceedingly violent and probably caused serious injury. They may even have caused death. The police are called; what are they going to do? If this amendment is passed into law, the police cannot use a Taser. They will use either the original, which is the pepper spray and so on, or a firearm. We need to remember that the use of a firearm in those extreme circumstances is justified in law, because there is a threat to life. By taking the Taser out we will in effect open the door, in extremis, to somebody being shot with a real lethal barrelled weapon. I am all for looking at practice directions and reviewing the use of Tasers. Mission creep has been mentioned and perhaps there is mission creep—I do not know that and have not looked at the figures. However, to have something as extreme and prescriptive as this amendment within statute will certainly expose patients in psychiatric wards to the risk of death rather than anything else. In speaking against this, I am all for looking closely at the use of Tasers and for counselling officers using or thinking of using them to exercise extreme caution, but I would not go so far as the amendment stands.
Policing and Crime Bill — House of Lords, 2016-11-02
Topic: Law and Crime
Michael Berkeley (Crossbench, Unknown): My Lords, I do not think any noble Lord wishes to see Tasers used in hospital settings except under the most extreme circumstances. However, I am very persuaded by what I have heard from other noble Lords, including my noble friend Lord Dear. I would like to put the position slightly from the point of view of the patient. When I was a young man, I had quite a lot of experience of psychiatric wards—not, I hasten to add, as an inmate—and they can be terrifying places of extreme violence This amendment would mean that police officers could not use a Taser. I can foresee circumstances where somebody gets hold of a kitchen knife, for example, and is in a volatile state—the kind of volatile state that people who have not seen this kind of mania find hard to imagine. It is truly terrifying. We have to give some credit to people who are managing the situation. Given the information we have just heard from the noble Lord, Lord Harris, I would like to think that the police are acting responsibly, so we have to assume that somebody assesses the situation and decrees that it is so dangerous that the best way of not harming the mental patient any further is to use a Taser. I really cannot see how we could stop the police having that possibility at their disposal My concern is very much from the point of view of the patient, but there are occasions when a Taser just might be in the best interests of the patient.
Policing and Crime Bill — House of Lords, 2016-11-02
Topic: Law and Crime
Geoffrey Dear (Crossbench, Unknown): My Lords, can I just put on the record what Section 60AA(2) of the 1994 Act says? To the best of my knowledge, it has not raised any problems in law so far. It says: "This subsection confers power on any constable in uniform … to require any person to remove any item which the constable reasonably believes"— those words are a well-known test in law— "that person is wearing wholly or mainly for the purpose of concealing his identity".
Care Quality Commission Review: Deaths in the NHS — House of Lords, 2016-12-13
Topic: Social Welfare
William Laming (Crossbench, Unknown): My Lords, it is right that this matter be discussed in the House with a very sombre attitude, because it is not to use exaggerated language to say that the report has some shocking elements in it, as the Minister has indicated. The way ahead has been set out, but can the Minister assure us that we have got to the bottom of why people in a caring profession have behaved in such an insensitive way to those who are grieving? That comes as a real surprise to us when it is set out in this stark way.
Wales Bill — House of Lords, 2016-11-07
Topic: Government Operations
James Hope (Crossbench, Unknown): It might be helpful to recollect that when the referendum on devolution took place in Scotland, there were two questions. One was on the principle of devolution but the other was whether a devolved Assembly, as it was called in those days, should have tax-varying powers. That was separated out in the case of Wales but in Scotland, where I was, we had a vote on both at the same time. On exactly the point that the noble Lord was making, we had the democratic decision with a substantial majority that the Assembly, as it was then called, should have tax-varying powers. We got it all achieved in one.
Wales Bill — House of Lords, 2016-11-07
Topic: Macroeconomics
James Hope (Crossbench, Unknown): Perhaps I might correct the noble Lord on a point of slight detail. The Scottish National Party, which is the governing party in Scotland, has made it clear that it intends not to follow the Chancellor of the Exchequer in England on the level at which the 40% tax rate comes in. I think that the proposal in England, and indeed in Wales for the moment, is that there should be a rise of that level at which 40% becomes payable. The Scottish Government have said that they are not prepared to go along with that, so for the Scots the level will remain as it is at present. I grant the noble Lord that this is under a different power which has been given in a later enactment but to say that there is no desire by the governing party to make changes is a little excessive, with great respect.
Brexit: Article 50 — House of Lords, 2016-11-07
Topic: International Affairs
John Kerr (Crossbench, Unknown): Can the Minister tell us when the Government intend to inform Parliament about the content that they would like to see in the framework for our future relationship with the European Union? The Minister will recognise that I am quoting from the language of clause 2 of Article 50. Also, when will we be told whether leaving the European Union will also mean leaving the EU customs union—a point of some importance to manufacturers with modern, just-in-time supply chains?
Wales Bill — House of Lords, 2016-11-07
Topic: Government Operations
Dafydd Elystan-Morgan (Crossbench, Unknown): My very short and technical question is whether it is humanly possible, in any event, for prerogative powers to apply to a Parliament of the nature of the devolved Welsh Administration. As I tried to say in a contribution earlier this afternoon, the royal prerogative derives from what started off as a monarchical diktat, curbed by Coke in 1610, very largely whittled away during the Civil War, and largely defined during the First World War—the noble Lord will remember the case of the Attorney-General v De Keyser’s Royal Hotel Limited. By now, there is hardly a remnant left, but I submit that that remnant can remain only with the mother Parliament.
Wales Bill — House of Lords, 2016-11-07
Topic: Government Operations
James Hope (Crossbench, Unknown): My Lords, I want to add just a word or two from the Scottish perspective to what has just been said. I was involved in the consideration of the Scotland Bill that became the Scotland Act 1998, some considerable number of years ago. One of the groups of sections, which is now to be found in Sections 52 to 56 of the Scotland Act 1998, dealt with ministerial functions. The critical section, which is closely aligned with what is proposed in this amendment, is Section 53, which says in subsection (1) that: "The functions mentioned in subsection (2) shall, so far as they are exercisable within devolved competence"— those critical words— "be exercisable by the Scottish Ministers instead of by a Minister of the Crown" That was part of the whole structure of the Scotland Act, which, as the noble Baroness, Lady Morgan, has noted, was designed on a reserved powers basis but is very much relevant to what has been designed for Wales today, dealing as it does with the idea that anything to do with devolved competence so far as Ministers are concerned should be within the functions of Scottish Ministers in place of Ministers of the Crown The functions listed in subsection (2) were three. The first is, "those of Her Majesty’s prerogative and other executive functions which are exercisable on behalf of Her Majesty" I do not think it is being suggested that that should be done in this case. The second is, "other functions conferred on a Minister of the Crown by a prerogative instrument" The third and important one for the present purpose is, "functions conferred on a Minister of the Crown by any pre-commencement enactment" Those are the words we see echoed in subsection (1) of proposed new Section 58B. We then have a definition in the Scotland Act of what a pre-commencement enactment means, which is exactly as set out in the amendment So far as Scotland is concerned, the effect of Section 53 was to achieve complete clarity and make it very simple for those who were designing statutory instruments to give effect to the transfer of functions to find a solid base for what they were proposing to do. Again, I was quite closely involved in observing the way in which the functions were transferred. It seemed to me that the matter went very smoothly, given the clarity set out in the Scotland Act Although I certainly am not as fully aware of the position in Wales as those who have already spoken are, I think, with great respect, that there is great force in the idea that an amendment of this kind should be made. It is part of the development that the noble Lord, Lord Thomas of Gresford, mentioned earlier of progressing the Welsh Assembly and its Ministers into the modern structure that suits the evolving nature of what is now taking place in Wales.
Wales Bill — House of Lords, 2016-11-07
Topic: Government Operations
James Hope (Crossbench, Unknown): I take up the noble Lord on one point. If I heard him correctly, he said that the amendment was concerned with legislative functions. Strictly speaking, it deals with executive functions, certainly from the perspective of the Scotland Act. Looking at it against that background, I see this as dealing very definitely with the functions of Ministers, which is the executive branch, rather than the powers of the Assembly.
Wales Bill — House of Lords, 2016-11-07
Topic: Government Operations
Ilora Gillian Finlay (Crossbench, Unknown): My Lords, I have added my name to the second of these amendments, but I should have added it to both. I have felt strongly that law should be accessible to the people to whom it applies. You cannot expect a population to understand the law that surrounds it and the way it lives unless it is intelligible and accessible. Ever since the Assembly came into being, divergence of the systems, particularly in education, health and social care and planning, has meant that we have an increasingly complex range of legislation. Cardiff University was where Wales Legislation Online first started as an attempt to provide some kind of solution to this. I was pleased to be part of the campaign at that time to get that instigated. That subsequently evolved into Law Wales and is now more formalised. This requirement and request for consolidation came through quite clearly in the report of the Constitutional Affairs Committee, which made clear that we need consolidation. I cannot see that the Government in Westminster will ever feel particularly motivated to consolidate, but I can see that the Assembly would feel motivated to do so Lateral to that, this all fits with a quiet campaign I have had over the years. In 2004, I asked the Government to make sure that the Explanatory Notes accompanying each Bill provided a table listing all the provisions to give powers to the National Assembly. The response I had from the Lord President of the Council was that: "It will be suggested to departments that they present this in a tabular form where appropriate".—[Official Report, 11/10/2004; col. WA 1.] During the passage of the Government of Wales Act 2006, I further pursued the need to be able to track legislation, particularly because of this effect of divergence. I stressed that solicitors and other professionals in Wales, such as healthcare professionals, educators and so on, need to know and understand the law which governs the way they function and live and their everyday activities such as their professional duties with regard to the rest of the population Can the Government therefore explain what they lose by giving such powers to the Assembly? I cannot see that they would lose anything at all. Why could they not seek to adopt this amendment, which might provide a solution to a problem which will probably get worse over the years, as further constitutional changes come through in other pieces of legislation?
Wales Bill — House of Lords, 2016-11-07
Topic: International Affairs
Dafydd Elystan-Morgan (Crossbench, Unknown): Will the noble Lord accept my word for it that I am not in any way advocating any jurisdiction for Wales over foreign policy or defence? The point I was seeking to make was that you can make dominion status whatever you wish it to be in the particular context and circumstances of that case. No doubt the noble Lord will, over the years, have studied the position of Newfoundland, which was a dominion for some years. It started off with direct rule, then became a dominion, then ultimately became part of the dominion of Canada. It is an illustration that you can make dominion status be whatever you wish it to be.
Wales Bill — House of Lords, 2016-11-07
Topic: International Affairs
Dafydd Elystan-Morgan (Crossbench, Unknown): My Lords, on the question of dominion status, I was tempted to make the mischievous point that for many centuries Wales was a dominion in law. The actual wording of the Act of Union of 1536 refers to the, "dominion, principality, and country of Wales", so that wording has been there for many centuries. However, that is a mischievous point, probably made much too late at night Some years ago, a good friend said to me, "You could be a very nice chap if you did not tilt at the English so often". I am not sure what a nice chap was intended to mean in that context, or whether I would ever qualify within that definition. However, as far as the second part of his proposition was concerned, I have never tilted at the English. I have immense respect and, indeed, often, admiration for our neighbours. I conceive nationalism in the context of Wales as being a patriotism that knows not the hatred of any other nation. That is what Welsh nationhood and Welsh nationalism at their very best should be and are. I beg leave to withdraw the amendment.
Airport Capacity — House of Lords, 2016-10-25
Topic: Transportation
John Seymour (Crossbench, Unknown): My Lords, first, we are not in an either/or situation. I think the Minister said that there would be no cost to the public purse, so is there any good reason why both Gatwick and Heathrow should not be allowed to develop an extra runway? This would provide competition for passengers and the extra benefits that the Minister outlined. Secondly, today’s announcement will have placed a great deal of blight on householders on the site in question. When will blight compensation be payable for people who wish to sell their houses now?
Airport Capacity — House of Lords, 2016-10-25
Topic: Transportation
Karan Bilimoria (Crossbench, Unknown): My Lords, it has taken a year since Howard Davies’s report for the Government to make this decision and we all know why it was delayed. Congratulations to the Government on making this decision at long last: business has been crying out for it. However, the Minister himself has just said that this project is going to be completed "up to 2030"—13 or 14 years from now. Other countries are building runways in a few years and many runways at a time. We want to invest in infrastructure: do this Government have the guts to do so? Let us look at the obstacles ahead: Zac Goldsmith has said that this is a, "millstone around the Government’s neck", and that the plan is "doomed". Our Foreign Secretary has said that it is "undeliverable" and that he sees, "an inevitable fight in the courts and I think the chances of success for the proponents of the third runway are not high" Justine Greening, the Education Secretary, is opposed to Heathrow expansion. Even the Mayor of London, Sadiq Khan, has expressed his anger about the decision. Our Prime Minister expressed her opposition to Heathrow in 2009. With all of business crying out for this to happen but all this opposition, there is going to be a lot of resistance to it. As my noble friend said earlier, why did the Government not go ahead and allow Gatwick and Heathrow to expand? Does the Minister not agree that a Gatwick expansion could go ahead straightaway? Heathrow would happen sequentially thereafter, I hope Finally, what about employment? The Government have estimated that there will be up to 200,000 extra jobs—over £200 billion created in the economy. Where are those people going to come from? We have the highest level of employment and the lowest level of unemployment and we are reliant on 3 million people from the European Union working over here. Will people from the European Union be allowed to work on these airport expansion projects, because they will be needed?
Road Traffic Offenders Act 1988 (Penalty Points) (Amendment) Order 2016 — House of Lords, 2016-12-20
Topic: Transportation
Lucius Cary (Crossbench, Unknown): My Lords, using a handheld telephone in the car, unlike wearing a seat belt, is a breach of good manners on the road. People apparently feel empowered nowadays to use a mobile telephone at any time they feel they need to communicate with someone. If the House will indulge me, I will relate my own experience with my 21 year-old goddaughter. I took her and her parents to the theatre in Paris. Just as the singer who was performing that evening came on stage and the lights went down, my goddaughter saw fit to send a text to someone which created a light on her machine. I quickly reminded her that she may upset a few people with that light and so would she please turn it off. She ignored me and went on texting, so I reminded her again. People were looking around and getting rather upset. She still did not take any notice of me. I then said to her, "For God’s sake, turn the thing off!". This again she failed to respond to. I had reached my breaking point so I grabbed her mobile and threw it into the audience across the aisle. I saw it bounce off the head of what could have been a Frenchman or indeed anyone and then back into the aisle. She was totally astonished by my behaviour. Her aunt who was also with us said, "Well done. I have been longing to do that for a long time". My goddaughter, who is now 25, told me the other day after I asked whether her telephone was the same one that I had thrown into audience that it was. She said, "That was a salutary lesson and I have never forgotten it" I do not think that education is required, as the Minister has just said; rather, it is lessons in manners, which could extend to other activities undertaken by drivers. To my mind, what causes a lot of accidents nowadays is pure bad manners and self-indulgence.