argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Environment
Julia King (Crossbench, Unknown): My Lords, I move this amendment on behalf of the noble Lords, Lord Deben and Lord Inglewood, the noble Baroness, Lady Jones of Whitchurch, and myself. The protection and improvement of our environment is critical to our health and well-being, to our economic growth and for future generations. The Government recognise the importance of this, as we have been reminded on several occasions during the Bill. The Prime Minister has stated that this will be the first Government to leave the environment in a better state. The Environment Secretary, the right honourable Michael Gove MP, has announced a consultation, first some months ago and repeated subsequently, on the establishment of a world-leading environmental watchdog to replace and indeed improve on the current EU role in compliance. The intent is clear, and very welcome However, nothing has happened, so the risk is growing that on exit day there will be a serious environmental governance gap. There are two major elements of this gap. The first is that the Bill does not adequately retain the key roles of EU environmental principles—that is, interpreting the law, guiding decision-making and as a basis for legal challenge, as the noble Lord, Lord Deben, highlighted on Amendment 12 last Wednesday. The second is that the Bill does not provide a replacement for the role of the EU in holding the Government to account on environmental issues—for example, when key air or water quality targets are missed Action to address the governance gap is needed urgently, because exit day is less than a year away; because the implementation period is not yet a certainty; because consultation can be delayed, especially when, as it appears, some departments, including the Department for Transport and the Treasury, would not welcome an independent environmental watchdog to hold the Government to account; and because establishing a new watchdog in law and appointing its members will not be quick The amendment aims to reduce the risk for the Government that leaving the EU will lead to failure to achieve their stated goal—that of maintaining and improving the environment. To this end, it requires the Secretary of State to publish proposals to establish before exit day an independent environmental watchdog; proposals for primary legislation establishing a duty on public authorities to apply EU environmental principles in the exercise of relevant functions after exit day; and a list of functions currently exercised by EU bodies that must be retained or replicated in UK law. This is urgent, so it requires the Secretary of State to publish this within three months of the date of this Act being passed The amendment reduces the risk to our environment of EU exit and helps the Government to deliver on their strong and welcome environmental commitments. I beg to move.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: International Affairs
Julia King (Crossbench, Unknown): I thank the very many noble Lords who have spoken and contributed to the debate, all supporting the amendments, which again emphasises that this is an issue of deep concern across the House—one where everybody agrees that urgent action is necessary. As the Minister has now highlighted, it is one where the House is asking very strongly for assurance. I thank the Minister for his detailed response, in particular, as the noble Lord, Lord Deben, has highlighted, the commitment that we will have a policy statement and the consultation on a statutory body in time for Third Reading. I hope that they are in good time for Third Reading, so that we will have plenty of time to discuss them and consider their implications Indeed, we would hope to see commitments not only to the policy statement and the consultation but to a legislative timetable, so that there is no governance gap when we leave the EU. It will be good to have a further clear statement from the Prime Minister on the Government’s commitment to deliver the independent watchdog with teeth. We will look to see what is in the policy statement and the consultation on the statutory body with great interest. I am pleased that the Minister has been able to reassure us. We do not yet know what will be in these—we will get them before Third Reading—but the implication of that, he has confirmed, is that if the House still does not feel adequately assured, we can bring this issue back. On that basis, I beg leave to withdraw Amendment 27.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: International Affairs
Richard Thomas James Wilson (Crossbench, Unknown): The noble Lords who have tabled this amendment have an important point. I want to add a postscript to the very wise words of my noble friend Lord Kerr. In the 1960s, half a century ago, when we were moving in the other direction, I was privileged to be present at a discussion about whether we should apply again to join the Common Market after we had been rebuffed by General De Gaulle. The discussion involved the former Prime Minister, Mr Macmillan, and the man who had led the Treasury team that made the first application, Frank Lee. All I want to say is that they were agreed that the main reason for applying to join the Common Market was defence, security and being in the room. Of course there were a huge number of economic and other arguments, but they saw Britain as isolated. They thought that we would be more valuable to the United States if we were in the room in Europe; that we had a lot to offer and that Europe would want to have it; and that it was important for the prosperity of this country that we should play our part in the room, in alliance with the rest of the European union. That was probably the most important factor in applying to go in. As we leave, we have to think how we protect ourselves. The noble Lord, Lord Kerr, is absolutely right and the noble Lords opposite have an important point, which is why I support their amendment.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Government Operations
Karan Bilimoria (Crossbench, Unknown): My Lords, I want to emphasise and back up what my noble friend Lord Lisvane has said. In essence, this "necessary" versus "appropriate" is about taking back control for Parliament. Since the referendum, we have seen the Government trying to bypass Parliament time and again. Starting with Article 50, Parliament was bypassed until that had to be taken to court. Going back to the Strathclyde review in 2015, we were told very clearly that it is a convention that this House does not challenge statutory instruments. So by agreeing to this "necessary" we are saying that they can be used but only if necessary The Government argue that they need the flexibility if it is appropriate to tidy things up. Who is taking the decision on whether something is appropriate? Today it is Theresa May as Prime Minister. Tomorrow it may be Jacob Rees-Mogg, Boris Johnson or Jeremy Corbyn. This is about the Government, the judiciary, the legislature and, without a written constitution, the very delicate balance that needs to be respected. We need to protect that, which is why we need this amendment; otherwise, we will keep hearing threats from Jacob Rees-Mogg saying that we are burning down this House. That is the wrong way to go. This is not about Henry VIII powers or the Government getting power; it is about power coming back to Parliament and actually giving power to the people.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Law and Crime
Simon Denis Brown (Crossbench, Unknown): I intervene to ask the Minister whether he agrees with this. Although —and I support the amendment—it is right to say that "necessary" involves a degree of objectivity, the clause would actually be applied in court on any challenge, and it would be a judicial review challenge to the making of regulation, on the basis that it is, in the reasonable opinion of the Minister, necessary. That is how the clause as amended would be applied on a challenge in court. Would he agree?
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Law and Crime
Igor Judge (Crossbench, Unknown): It is very tempting but I will not. The reason that I have been prepared to compromise with an interference with what I regard as a fundamental constitutional principle is that I recognise that there is a continuity required. We cannot suddenly not have criminal offences which exist on 31 March but which we no longer have on 1 April. I recognise that. I am also persuaded to act against my instinct by the fact that this is a sunset provision I shall in a moment seek leave to withdraw the amendment but may I urge the Government and, in due time—time will undoubtedly produce it—a Government who are from the current Opposition, as they now are: can we please stop this sticking into primary legislation of provisions which casually create criminal offences punishable with imprisonment? As I said earlier, it is a constitutional aberration. Notwithstanding my doubts about my own position, I am prepared to take the course that I am now but I assure the Minister that I would not necessarily take it if, in the course of the next few Bills we have to deal with, we have clauses such as this just put in. But for the time being, with gratitude to the Minister for her explanation to the whole House, I seek leave to withdraw this amendment.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: International Affairs
Hugh Dykes (Crossbench, Unknown): I am very glad that the noble Lord, Lord Rooker, has made that point, because it is noticed and it is not said enough that there is a gap there which really makes the Chamber awkward from the point of view of these issues. I also support what my noble friend Lord Cormack said and thank the noble Baroness, Lady Kennedy of The Shaws, for raising these matters. It will be quite alarming if there is an erosion of the common travel area arrangements, which are historic since 1923, just because other things are happening in a geopolitical sense regarding new legislation for leaving the European Union. The psychological aspect is important too, because creating that common travel area so long ago, as a unique and special example of co-operation between countries, was a way for the British to make up to the Irish for what had happened in the past and, as the noble Baroness, Lady Kennedy, said, a way of promoting economic co-operation and activity. People came towards Britain, mostly, rather than the other way round, but increasingly, as the Irish economy developed in the post-war period, people also went to Ireland for work and travel The present situation is that there should literally be no erosion or changes; it should be exactly as it was. Yet, one hears these stories of what is happening—the wrong kind of attitude on the part of certain officials, and so on; I will not go into more detail than that. This arrangement is very important, because it is a miniature Schengen between just two countries and, partly for that reason of course, both countries decided not to join in the full Schengen arrangements, although there were also other reasons connected at the margin. It is a very precious aspect of the wider picture of there being no change at all to the Irish border arrangements, which is so important for both this legislation and the future of our relationship with the European Union. This of course means, effectively—yes, we have to say it—staying in the single market and customs union, and why not? In the meantime, this arrangement is crucial and I hope that the Government will reassure us tonight that there is a commitment to keeping the purity of the CTA and that there will be no erosion.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Agriculture
Alexander Trees (Crossbench, Unknown): My Lords, I begin by thanking your Lordships as I am very hungry to get on with this debate. However, if it lasts very long, I may request a private break for other purposes I declare my interest as a former president of the Royal College of Veterinary Surgeons and a current co-chair of the All-Party Parliamentary Group for Animal Welfare. I hope that that makes it clear that my motives for bringing this amendment are purely about animal welfare This amendment seeks to fix a problem and plug a gap in the legislative protection that will be afforded to animals when we leave the EU. It seeks to embed in UK law the principles in Article 13 of the Treaty on the Functioning of the EU, notably that the Government should pay due regard to the welfare of animals as sentient beings in developing and implementing policy. In that regard, putting an onus on government, it complements and augments our current Animal Welfare Act 2006. Your Lordships may be aware of the history of this animal sentience issue but I will briefly remind the House of it. An amendment of this type was tabled by Caroline Lucas in the other place to the European Union (Withdrawal) Bill towards the end of last year, and your Lordships may remember that it was defeated by a government majority. That resulted in a substantial public and media backlash and criticism that the Government did not care about animal welfare. Many people, including myself, felt that that criticism was unjustified, as subsequent events have indicated The Government’s response was to bring out a draft animal welfare Bill in 2018—a very short Bill, half of which basically embodied the principles of Article 13. That was followed by an inquiry by the EFRA Committee, which reported at the end of January 2018. That applauded the spirit of the government animal welfare Bill but severely criticised its execution, and Defra is now reconsidering. We are in a bit of a pickle. There is a high level of agreement about where we want to go but no certainty about how to get there. Adoption of this amendment or a similar amendment would enable us to get to where we want to be.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Agriculture
Simon Denis Brown (Crossbench, Unknown): My Lords, I want to follow up on what my noble and learned friend Lord Hope said. He referred to proposed new subsections (4), (5) and (6), which deal with the devolved Administrations, but of course Clause 3 deals with our central Parliament and thus the English position, and exactly the same point arises My further concern is that, assuming that we did not have that apparent bar on any question of judicially reviewing Ministers of the Crown, it would be very difficult to see by what sort of touchstones any legal challenge would work. Proposed new subsection (1) says: "Ministers of the Crown and the devolved administrations must pay due regard to the welfare requirements of animals" Heaven knows, I hope that I am as anxious as the rest of the House about the welfare of animals—certainly, my cat would never forgive me if I were not—but, as I understand it, the only substantive provision in this proposed new clause is subsection (7), which requires an annual report, although that is obviously a separate and discrete obligation. However, I am not quite sure how judicial review in this context would work or, without it, what is envisaged in the way of Parliament exclusively holding Ministers of the Crown to account. It is all rather abstract and I am a little unsure of how it is intended to work.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Agriculture
Igor Judge (Crossbench, Unknown): My Lords, I want to add my voice and underline, if I may, how serious the issue arising under subsections (3) to (7) is. There are many executives that would be desperately pleased to have provisions such as these in primary legislation. There is no reason whatever why Parliament should not be able to deal with any issue arising in the context of sentient animals—there is no exclusion about that. However, to exclude the possibility of somebody seeking a remedy before the court would be an astonishingly dangerous principle to put into any legislation. The fact that it arises in this very sensitive issue relating to animals is one thing, but a lot of citizens, and individuals who happen to live in this country, rely on the possibility of taking the Government or the local authority to court to make them account for the exercise of, or failure to exercise, their powers. This would set an alarming precedent.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: International Affairs
John Kerr (Crossbench, Unknown): I agree with the reading by the Minister and the noble Baroness, Lady Hayter, of whether one has continuing membership of the EEA after one has left the EU: one does not. However, I am struck by what the Minister has just said about the moment when one leaves. I am not sure that it is at the end of the transition period. I think it may be at the moment when we leave the EU—in other words, in March next year, not 21 months later. I am not quite sure why the lawyers in the EEA, EFTA and the EU should accept that once we have left the EU we still remain in the EEA.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Macroeconomics
John Kerr (Crossbench, Unknown): I thank the noble Baroness for her response and I look forward to a letter on the EEA/EFTA membership point I am left a bit concerned about Amendment 104. There is clearly major disagreement between the Minister and the Delegated Powers Committee on the issue. For me, there is a bigger issue than that here. The European Communities Act 1972 is absolutely explicit that it cannot be used as a basis for taxing. When we take back the powers conferred in the 1972 Act, if we are allowing Ministers under Schedule 4 to set up public authorities that may tax and Ministers themselves to tax, we are doing something new. It is different. I am puzzled about that. I am sad that this amendment, which seems to me to raise a rather important issue, has been placed in a wider group with many other amendments. I wonder whether the Government would like to think a bit further about this before we come to Third Reading If the Government are happy with the prohibition in Clauses 7 and 9, why can it not also, for consistency, be in paragraph 1(3) of Schedule 4? It is a very long time since I was in the Treasury—I served quite a short sentence and got let out for bad behaviour—but I still feel that there is an unsatisfactory feature here which we have not quite got to the bottom of. Nevertheless, I beg leave to withdraw the amendment.
Investigatory Powers (Codes of Practice) Regulations 2018 — House of Lords, 2018-02-01
Topic: Law and Crime
Igor Judge (Crossbench, Unknown): My Lords, I declare an interest as former Chief Surveillance Commissioner. The regulations which are proposed today seem to be entirely consistent with the primary legislation, and the primary legislation has increased the level of supervision, particularly in relation to the judicial commissioners and the responsibilities that are imposed on them by the legislation.
Particulars of Proposed Designation of Age-Verification Regulator — House of Lords, 2018-02-01
Topic: Technology
Merlin Hay (Crossbench, Unknown): Leading on from that, I remember from the debates that the trouble was that the Obscene Publications Act was not aligned with the CPS guidance or with various other things. I presume therefore that some work will be done on this in the near future, otherwise I suspect that the BBFC will get into trouble. At the same time, because age verification may come into this too, presumably we will also try to align the internet stuff, which is what we have been talking about in the Digital Economy Act—broadcast, which is regulated differently, and video on demand, which I think is Ofcom’s responsibility at the moment. We really do not want different rules across all of those, so I hope we are going to get on with that.
European Union (Withdrawal) Bill — House of Lords, 2018-03-28
Topic: International Affairs
David Pannick (Crossbench, Unknown): My Lords, it is indeed striking that directives are not included in Schedule 5, part 1, paragraph 1(2). The reason may be that directives are given a very odd status under Clause 4(2)(b), which we debated on a previous day. Under Clause 4(2)(b), retained EU law does not include rights which arise under an EU directive when they are, "not of a kind recognised by the European Court or any court or tribunal", in this country, "in a case decided before exit day" We debated the complexities, the uncertainties and, as I see it, the unsatisfactory nature, of the clause. Is that the reason why directives are not included in Schedule 5, part 1? If not, what is the reason?
European Union (Withdrawal) Bill — House of Lords, 2018-03-28
Topic: Government Operations
David Pannick (Crossbench, Unknown): My Lords, I have added my name to this amendment and I agree entirely with what my noble friend Lord Lisvane has said. I simply add that sub-paragraph (3) is also objectionable. It states: "A Minister of the Crown must publish any direction under this paragraph" However, it does not even say how or where the Minister is to publish. It gives complete discretion to the Minister I also have a wider concern about paragraph 2: that is, the power for the Minister to create an exception to the duty of the Queen’s printer to publish retained direct EU legislation. The Minister recognised in the previous debate, and appropriately so, the importance of the law being publicly identifiable so that everyone knows what the corpus of retained EU law is. However, paragraph 2 contradicts that. To give a discretion to the Minister to exclude something from the material that is to be published by the Queen’s printer if the Minister takes the view that a relevant instrument will not become direct EU legislation leaves matters completely uncertain. I suggest that a much more sensible approach is that, if the Minister takes the view that a particular instrument is not becoming retained direct EU legislation, the Minister should have a duty to ensure that it is not included in the material that is to be published by the Queen’s printer What we want, and what the public are entitled to have, is a body of material that in the view of the Government constitutes the retained direct EU legislation that is to become part of our law. These matters should not be left to the discretion of Ministers.
European Union (Withdrawal) Bill — House of Lords, 2018-03-28
Topic: Government Operations
Igor Judge (Crossbench, Unknown): My Lords, we come to the next stage of the slow journey of this Bill through the House. I shall look at Clause 9 again and address the issue of what the Act of proclamations provided, but just as a footnote I remind the House that the statute provided in categoric terms that a proclamation could not overrule a statute. One tends to overlook that. Everyone is absolutely riveted, are they not? Schedule 5—what an exciting topic to come to first thing in the morning. The problem, though, is that tucked away in this schedule, as frequently happens, is an issue of principle. That issue is, simply, and I support what the noble Lord, Lord Lisvane, says, that we are giving an unnecessary, or inappropriate—I do not mind which word we use for these purposes—surrender of power to the Executive. We really must break that habit.
European Union (Withdrawal) Bill — House of Lords, 2018-03-28
Topic: Government Operations
David Pannick (Crossbench, Unknown): The Minister is being very patient. I would like to add to what the noble Viscount has said. A real disadvantage of what the Government are proposing—that is, there is publication with no opportunity for the matter to be debated before it is decided—is that there is a means of challenge, and that is in court. It would be most unsatisfactory if the procedure that the Government adopt is that Ministers make a decision and publish a direction, there is no opportunity for debate in either House and then anyone who is aggrieved takes the matter to court. Surely it would be far better for this to be done by statutory instrument, and then any concerns could be properly debated.