argyrotsipi/train-dataset huggingface dataset:
Financial Services Bill — House of Lords, 2021-04-14
Topic: Law and Crime
Ralph Matthew Palmer (Conservative, Centre-right): My Lords, I shall speak to Amendment 16 and I thoroughly support its intent. I have been chair of the Enforcement Law Reform Group for more years than I care to remember, and for all that time I have been aware that every side of the industry wants statutory regulation. It is not a suitable case for voluntary regulation. You need the powers that go with being set up by statute to deal with all the difficulties and conflicts that are inherent in the business of getting money out of people who do not want to give it to you I fully understand the Government’s caution about the drafting of the amendment, but I very much hope that everyone involved in it will hold their feet to the fire to get a suitable alternative through as soon as possible. I have one piece of advice for the Government on the amendment as drafted. It is important that whatever we create can bite on creditors. A lot of the problems in this industry have their roots in the delinquency and bad behaviour of creditors and in the disorganisation of the systems that they operate. The privilege of being able to use a bailiff should be granted only to creditors who are well set up, who have done their preparatory work, who know who is vulnerable, who have found out the right addresses, who have properly offered payment holidays or plans before involving the very expensive, onerous and sometimes distressing option of a bailiff When we come to have this in statute, we need some way in which a local authority, for instance, which is trying to recover debt due on council tax must demonstrate that it has done what it should in order to be allowed to use the bailiff system. There may be some other way of doing it—but not to have that connection through to creditors and think that you can regulate just by putting pressure on bailiffs would be a considerable mistake and would, in the end, result in the system not working.
Financial Services Bill — House of Lords, 2021-04-14
Topic: Law and Crime
George Young (Conservative, Centre-right): My Lords, I thank my noble friend for stretching the constraints that we understand are forced on him as far as we could reasonably expect. I ask him, without trampling on the independence of the judiciary, to convey to the Court of Protection before the next meeting the strength of feeling on all sides of the House about the need to streamline, accelerate and simplify the process In not ruling out legislation, does he understand that, in the next Session, if I, and others who have been good enough to speak, believe that progress has not been sufficiently speedy, we will be back with the first possible legislative vehicle to press the issue again, having taken on board some of the reservations expressed during the course of this debate?
Financial Services Bill — House of Lords, 2021-04-14
Topic: Law and Crime
Anne McIntosh (Conservative, Centre-right): It gives me great pleasure to follow the noble Lord, Lord Stevenson of Balmacara, and lend my support, with my co-signing, to an important follow-through from the Law Commission’s conclusions and recommendations. I echo the remarks I made in my support in Committee, and I believe the contribution from the noble Lord, Lord Stevenson, has been modest today. We are seeking reassurances, and I echo his concern about a definitive timescale It is interesting to note, as a non-practising Scottish advocate, that bills of sale do not apply in Scotland, so the Act does not extend to Scotland, and the provisions only really apply to England and Wales in this regard. Bills of sale, being mainly used for logbook loans, relate mostly to vehicles. But this is an opportunity, in supporting the amendment before us this afternoon, to probe my noble friend and the Government a bit further about what their plans are to review the recommendation Law Commission reports do not come along that often, and they come along often at the invitation of the Government. I would like to ask my noble friend about his intentions to give effect to the recommendations of the Law Commission report of 2017. In the consultation paper, it was proposed that the Bills of Sale Acts should be repealed in their entirety and replaced with new legislation to regulate how individuals may use their existing goods as security while retaining possession of them. Out of the 32 consultees who expressed their views, 24—75%—agreed to that I entirely endorse the Law Commission’s opinion that: "The Bills of Sale Acts are written in obscure, archaic language, using words such as ‘witnesseth’ and ‘doth’." That sounds a bit like "the Leith police dismisseth us". In the interests of modernising the legislation and making it more transparent, the purpose of Amendment 17 is entirely clear, and I take this opportunity simply to nudge and press my noble friend on what the Government’s intentions are now, four years on from the Law Commission’s recommendations.
Financial Services Bill — House of Lords, 2021-04-14
Topic: Government Operations
Hugh Trenchard (Conservative, Centre-right): My Lords, Amendments 18, 19 and 20 seek to create obligations for the regulators to report to Parliament on what their policies are and what rules they intend to introduce or change. Amendment 18 is the simplest, Amendment 20 is the most prescriptive and Amendment 19 is somewhere in the middle These three amendments are all rather strangely worded as undertakings from regulators. Amendment 20 almost implies that it is not taken as a given that there will be a principle of openness and sincere co-operation in assisting a relevant select committee in the conduct of any inquiry. As a member of the EU Financial Services Sub-Committee, and later the EU Services Sub-Committee, I can say that we have often examined senior officers of the two regulators and it has never even crossed my mind that they would not apply a principle of openness and sincere co-operation in giving their evidence These three amendments refer to the provision of undertakings from regulators and cover the whole of their activities and rule-making, which is rather too broad and gives the impression that Parliament will act in a direct supervisory role. They do not specify, moreover, how and in what form the undertakings will be given to Parliament Contrary to the experience of the noble Baroness, Lady Bowles, the Economics Secretary has been willing on, I think, two occasions in the past year to speak to the EU Services Sub-Committee and has, as far as I know, been very willing to accept the committee’s invitation. Under the excellent chairmanship of the noble Baroness, Lady Donaghy, my noble friend Lady Neville-Rolfe, who is in her place, the noble Lord, Lord Bruce of Bennachie, and I have struggled with these issues and put in a considerable number of hours thinking about them. That experience has certainly informed my remarks today Amendments 37A, 45 and 48 seek, similarly, to establish a formal basis for parliamentary scrutiny of the regulators in the exercise of their new rule-making powers under the Bill. I rather prefer Amendment 37A, in the name of my noble friend Lord Blackwell, because that does not require prior parliamentary approval, which would tend to undermine the independence and authority of the regulators Amendments 45 and 48, in the name of the noble Lord, Lord Eatwell, and others, are much more prescriptive and beg the question as to precisely how a "relevant" committee of each House, or indeed a joint committee of both Houses, is to be charged with scrutinising proposals. These amendments compromise too much the regulators’ ability to exercise their powers, and there are at present no parliamentary committees that could effectively perform these duties with sufficient resources I very much hope the Minister will tell your Lordships the Government’s proposals as to how parliamentary scrutiny of the regulators’ exercise of the delegated powers should be carried out and how they think the present committee structure will be able to cope with that.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-01-21
Topic: Law and Crime
James Stopford (Conservative, Centre-right): That it be an instruction to the Committee of the Whole House to which the Counter-Terrorism and Sentencing Bill has been committed that they consider the Bill in the following order: Clause 1, Schedule 1, Clause 2, Schedule 2, Clause 3, Schedule 3, Clauses 4 to 6, Schedule 4, Clauses 7 to 19, Schedule 5, Clauses 20 and 21, Schedule 6, Clauses 22 and 23, Schedule 7, Clauses 24 and 25, Schedule 8, Clauses 26 and 27, Schedule 9, Clause 28, Schedule 10, Clauses 29 to 36, Schedule 11, Clauses 37 to 45, Schedule 12, Clauses 46 to 48, Schedule 13, Clauses 49 to 53, Title.
Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Lords, 2021-01-21
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): My Lords, I am required to inform the House that the Scottish Government informed the UK Government that they would be unable to recommend legislative consent for the devolved elements of this Bill, and we have tabled amendments in advance of this debate that remove from the Bill provisions that are within the legislative competence of the Scottish Parliament. The content of the Bill does not invoke the legislative consent process in Wales or Northern Ireland. We have engaged closely with the Scottish Government over many months, during the drafting of the legislation and throughout its passage. Where the Scottish Government have identified concerns, we have sought to remedy them. An example of that is an agreement from operational agencies to discuss a memorandum of understanding with the Crown Office and Procurator Fiscal Service to provide the Lord Advocate with visibility of criminal conduct in Scotland The Scottish Government, however, required further amendments to the Bill in areas which the Government cannot support; namely, placing express limits on the face of the Bill. The Government’s position throughout this process has been based on advice from operational partners to ensure that the Bill is workable in practice and has no unintended consequences for the safety of the public, or a CHIS, and we have had clear advice from operational partners in all parts of the UK that placing limits on the face of the Bill will lead to CHIS testing and increased initiation tests. We remain open to further discussion with the Scottish Government, to ensure that operational agencies continue to have access to the tools required to keep us safe.
Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Lords, 2021-01-21
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): My Lords, these amendments remove from the Bill the ability to authorise participation in criminal conduct for devolved purposes in Scotland. I have just outlined why we have tabled these amendments: they are in response to the decision of the Scottish Government that they cannot recommend legislative consent. The amendments, therefore, respect the Sewel convention Authorisations necessary for the purpose of national security or the economic well-being of the United Kingdom relate to reserved matters, and public authorities will still be able to grant authorisations for these purposes for activity in Scotland. An authorisation necessary for preventing and detecting crime, or preventing disorder, is not in itself reserved. An authorisation granted for the purpose of preventing and detecting crime, or preventing disorder, may, therefore, relate to devolved matters, and it will be these matters to which the Bill will not apply. In the immediate term, public authorities will need to continue to rely on existing legal bases for such authorisations in Scotland. Were these bases to change—I note the legal challenge currently before the Court of Appeal in relation to MI5’s existing legal basis for this activity—it would be for the Scottish Government to bring forward their own legislation to place this conduct on the clear and consistent statutory basis that the Bill delivers. I beg to move.
Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Lords, 2021-01-21
Topic: Law and Crime
Mark Schreiber (Conservative, Centre-right): My Lords, in nearly 30 years in your Lordships’ House, I have never seen a piece of legislation that has made me more uneasy than this Bill. To me it is counterintuitive to give anyone the power to pre-empt the application of the criminal law I of course support the need to do all that is necessary to protect our national security and to detect and prevent serious crime, but it should have been possible to find other means. To choose this moment to extend in legislation the legality of law-breaking seems most unwise. This, after all, is a time when Russia is without compunction using, both at home and abroad, deadly poisons to eliminate its enemies. When it succeeds, it denies it. When it fails, its leader blithely explains that when it wants to kill, it succeeds I give one simple and deliberately irrelevant example. If a burglar is killed by a householder protecting himself or his family, it is unlikely that a jury will convict him of murder or even manslaughter. That does not mean, however, that we should legislate to give ex-ante immunity to householders who kill burglars I have one more word on journalists. I tried to persuade your Lordships to require judicial authorisation for any requirement to force journalists to reveal their sources in cases covered by the Bill. The amendment was defeated by seven votes but I was comforted by the fact that three former Cabinet Secretaries voted for it The Bill will now pass, and I shall vote for it, but let us agree, at least informally, that its implementation should be monitored with rigour. All societies must defend their security but open societies must take especial care of how they do so. Yesterday, President Biden told the American people that "we’ll lead not merely by the example of our power but the power of our example."
Air Traffic Management and Unmanned Aircraft Bill [HL] — House of Lords, 2021-01-21
Topic: Government Operations
Charlotte Vere (Conservative, Centre-right): I thank the noble Baroness, Lady Randerson, and the noble Lord, Lord Tunnicliffe, for a brief and constructive discussion. This is the culmination of many discussions of these issues, and we were very keen to reassure the noble Lord, Lord Tunnicliffe, that we recognised his concerns. We did—in typical government fashion—decide that our amendment was better than his, for which I apologise, but I suspect we were probably right. I am very grateful that the noble Lord is supporting the amendments. I tried very hard to set out exactly what we would expect the CAA to do in relation to his Amendment 19, and I am pleased that I have reassured him On Amendment 20, we felt that it would be inconsistent to narrow the power for the CAA to obtain information in relation to Section 34, because the Bill currently includes the power for the CAA "to obtain information for … carrying out its functions under section 34 and Schedule B1" This covers documents or information that the person has or are under their control. It is important to note that: "The CAA may give a notice under this paragraph only in respect of information or documents that it reasonably requires"— I suspect that is a bit of narrowing— "for the purpose of carrying out its functions under section 34 or Schedule B1." Therefore, we do not feel that it is necessary to limit the power, as we believe that the Bill is already appropriately drafted. On that basis, I commend the amendment to the House.
Air Traffic Management and Unmanned Aircraft Bill [HL] — House of Lords, 2021-01-21
Topic: Transportation
Richard Balfe (Conservative, Centre-right): My Lords, I remind the House of my role as president of BALPA. I thank the Department for Transport for its constructive engagement with officers from BALPA in getting this far—goodness knows, we have spent a long time getting this far with this Bill I agree with the noble Lord, Lord Campbell-Savours, that rogue drone operators are clearly very different to the responsible drone operator that we wish to deal with. However, I am not sure that supporting this amendment is the right way forward. The Bill is not the right vehicle to include a requirement to review unmanned aircraft legislation. It cannot just be left to the CAA, as has been suggested, because if there were a major incident, government would be expected to have a role and to respond. At the same time, the development of drones is proceeding at an enormously fast pace. Will the Minister reassure us that a system of regular review will be put in place The serious concerns of BALPA are not limited to where we are today but look to where we might be tomorrow. We hear, for instance, about the problems with multiple use of drones, where one person controls more than one drone. The first instinct is to say, "That’s terrible, isn’t it? We really should have only one person per drone," but let me put another scenario to the House. If someone is lost at sea, or there is an air crash, you may well want to have a swarm of drones covering a wide area. For that to be effective, you would need one central person to be in control so as to investigate what was beneath, and being observed by, a number of drones. It is not quite as simple as some people seem to imagine I would like the Minister to assure us that there will be a regular review, and that she will come back to the House at an appropriate time, possibly in answer to a Question, or put something in the Library, outlining the principles which could follow that review. It is no good saying that we want one every five years or every two years; we need to be able to respond fairly quickly to matters as they come up. I will certainly not be supporting a Division, as passing this clause would not take us forward at all. However, my hope is that some of the principles contained therein are the sort that should be borne in mind in developing the policies that we want to see for the effective and reasonable control of drones, commercially and privately.
Air Traffic Management and Unmanned Aircraft Bill [HL] — House of Lords, 2021-01-21
Topic: Transportation
Charlotte Vere (Conservative, Centre-right): My Lords, I thank my noble friend Lord Randall for tabling this amendment. When we debated this in Committee, noise did not particularly come up. I hope that one of the benefits of airspace modernisation is noise reducing. I am unable to set out in full the Government’s position on noise at airports; if there are any detailed questions, I will write However, I want to address the points made and the issues relevant to the amendment put down by my noble friend Lord Randall. He is absolutely right, and he read out lots of responses from the Aviation Minister to questions on airspace change proposals, which are covered by the air navigation guidance. Indeed, the guidance states that "where practicable, it is desirable that airspace routes below 7,000 feet should seek to avoid flying over Areas of Outstanding Natural Beauty (AONB) and National Parks" There was a question about sanctions. Obviously, some airports have no option but to send flights over AONBs and national parks. For example, Gatwick is surrounded by them. We are lucky in our country, in that there are a significant number of these things and they are wonderful, but it is simply not possible for them not to be overflown. One might narrow it down to those operating below 7,000 feet, but nearly all commercial aircraft operating below 7,000 feet are taking off or landing. Again, with airspace change proposals, we expect to see the trajectory of both landing and taking off become steeper, which will again reduce noise and limit their impact The amendment is unlikely to have a significant impact on the volume of such flights because they are taking off and landing, but it would have a significant impact on general aviation, which would be unable to overfly vast swathes of the UK. Noble Lords will have heard today support for general aviation in government and parts of your Lordships’ House. There is lots to consider about this. It does not mean that the Government want AONBs and national parks to be overflown; we certainly do not. We expect everybody to behave sensibly when flying over such parks.
Air Traffic Management and Unmanned Aircraft Bill [HL] — House of Lords, 2021-01-21
Topic: Transportation
Alexander Randall (Conservative, Centre-right): My Lords, I thank other noble Lords for joining in on this short but important debate: the noble Lord, Lord Bradshaw, the noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser. The noble Baroness, Lady Randerson, hit on the point that has not, perhaps, been completely answered by my noble friend, which is that there has seemingly been a change in overflying at lower heights. It is something that people notice. I live near Heathrow. We do not get much overflying, but we did notice last year, before the pandemic, that there seemed to be a change in patterns. My amendment would have tried to stop not overflying per se but flying below 7,000 feet My other concern is the fact that there is no way of registering such low flying and no sanctions that can be applied to an aeroplane that, for whatever reason, flies lower than it should. Clearly, there might be a safety issue or whatever, and I also take the point about take-off and landing, but I do not think that those are the cases that people complain about Having listened to the previous debate, as someone with a degree in Serbo-Croat I do not think that I could match the academic qualities of my noble friend, and I would certainly not dream of teaching her to suck eggs. I suggest, however, that when this goes to the other place there will be Members there whose constituents will contact them, and those Members may want answers to some of those questions. I say that as someone who knows that this is the sort of thing that really gets constituents going I will leave it at that. I am grateful for my noble friend’s answer. It was not quite as full as I had hoped for, but I am never really disappointed by her answers. I beg leave to withdraw the amendment.
Arrangement of Business — House of Lords, 2021-04-27
Topic: Government Operations
Patrick Cormack (Conservative, Centre-right): Further to what my noble friend the Chief Whip has said, would he accept that it is essential that, from 21 June at the latest, it is expected that parliamentarians should be in Parliament? We should conduct business as normally as possible, in a self-regulating House, from that date. Could my noble friend give an assurance that that is indeed what the Government wish to do?
Arrangement of Business — House of Lords, 2021-04-27
Topic: Government Operations
Thomas Ashton (Conservative, Centre-right): My Lords, I take the point that it is difficult at this stage with short timetables. Noble Lords do not have very much time to table amendments, but I think that is always the case in ping-pong: it comes back at short notice between the two Houses. It is the way that we have to resolve issues between the two Houses. To a certain extent, whether this happens is not entirely in the gift of the Government —it depends on how long amendments keep on being pushed. I accept that it is difficult and that the hybrid House is not completely as we want it. However, given the circumstances of the pandemic, it is a tribute to the House and the officials who run it that we are able to do business at all. This has been a tremendous achievement and we have done it as well as, if not better than, the other place Both noble Lords made a point about coming back to "normal". I absolutely agree that we want to come back to normal as soon as possible. That is not entirely a matter for the Government or the Chief Whip, because this is a self-regulating House. We have to look at the data and wait for the social distancing review—that is the absolutely critical matter in coming back. As far as the Government and the Leader are concerned, I can say that we want to come back. I agree with my noble friend that parliamentarians should be in Parliament.