argyrotsipi/train-dataset huggingface dataset:
Sanctions and Anti-Money Laundering Bill [HL] — House of Lords, 2017-11-29
Topic: International Affairs
Tariq Ahmad (Conservative, Centre-right): My Lords, they say that generosity defines the spirit of a person, so perhaps I can be slightly more generous than noble Lords may perceive. The noble Lord, Lord Collins, is quite correct: we have talked about this issue, and sanctions, we all accept, can be an effective tool of foreign policy and national security, but I also accept that they can have serious implications, not only for those directly designated but also for businesses and charities operating in particular areas Foreign policy priorities can change frequently. It is therefore important that Ministers regularly revisit the decision to apply sanctions regimes to political problems and security challenges, and also consider carefully whether the sanctions are having the intended purpose, whether there are unintended consequences and what adjustments might be needed to achieve the desired effect Clause 26 therefore requires the Government to carry out a political review of its sanctions every year. The EU also carries out annual reviews of its sanctions regimes. The purpose here is to consider whether the sanctions should continue unchanged or be amended. If there is a published outcome, it is simply confirmation that the legal Acts have been renewed or amended. We have in mind a similar model for the UK; the annual review would be mainly an internal policy exercise, rather than a report for external publication. If the Government decided as a result to amend the sanctions regulations, this would involve a process of parliamentary scrutiny through which we would set out the rationale. Of course, the Government would always respond to Parliamentary Questions about specific areas of policy through the usual channels That said, I have listened very carefully to the noble Lord, Lord Collins, and we are looking at the amendment specifically. I will reflect on the proposal in that regard. He made the helpful suggestion that, between Committee and Report, we meet again to work out some of the perhaps necessary parameters. I know he appreciates national security issues and other such issues. I hope, with the assurance that we will reflect on his proposal, the noble Lord is minded to withdraw his amendment.
Sanctions and Anti-Money Laundering Bill [HL] — House of Lords, 2017-11-29
Topic: International Affairs
Tariq Ahmad (Conservative, Centre-right): The noble and learned Lord made me imagine Henry VIII’s boots for a moment As regards thinking, I am forever thinking; I think it is a good thing to do. The Government are reflecting very carefully on all elements of the arguments noble Lords are putting forward on these amendments. I will say at the outset that I can see that a number of these amendments gather around a central theme—namely, the appropriate roles of Parliament and the Government when creating and implementing future policy on sanctions. I assure noble Lords that I recognise that this is a difficult balance to strike. As power flows back to the United Kingdom from the European Union —I say to the noble Baroness, Lady Northover, that it is a case of "when" we leave the EU—it will not be appropriate to simply follow the model in the European Communities Act 1972, where decisions of the EU either apply directly in UK law or are implemented through statutory instruments following the negative procedure I assure noble Lords that we have tried hard to strike the balance correctly in this Bill and ensure that Parliament has the right level of oversight of the Government’s exercise of sanctions policy. For example, we have ensured that the UK autonomous sanctions regulations must be approved by Parliament before they are put in place. I continue to listen very carefully to the points that have been made about the need for proper parliamentary scrutiny. I assure noble Lords that I will continue to reflect on those points—and not just in respect of these amendments. It is perhaps worth remembering that sanctions are, in essence, as I have said repeatedly, a matter of foreign policy and national security, which fall more to the Government than Parliament. This was recognised by the great constitutional lawyer A V Dicey, who wrote that the "right of making treaties" was, "left by law in the hands of the Crown, and are exercised in fact by the executive government" That is also the practice in other western countries with national sanctions regimes and legislation, such as Canada and Australia On the amendment we are discussing, it is important to recognise that the imposition of sanctions is not a punishment but an attempt to change the behaviour of those who are acting in a threatening or unacceptable manner. That is why the provisions provide ways of suspending, amending and revoking sanctions. Iran is an example of where sanctions have been suspended. Under the 2016 nuclear deal, Iran sanctions can be "snapped back" by the EU if there is a breach of the international commitments made by Iran in relation to nuclear development. Noble Lords will be aware that those suspension arrangements were part of a delicate political balancing act, which the UK is working hard with the EU and other partners to preserve.
Sanctions and Anti-Money Laundering Bill [HL] — House of Lords, 2017-11-29
Topic: International Affairs
Tariq Ahmad (Conservative, Centre-right): It is certainly not a gentle nudge. What I was alluding to is that the ultimate purpose behind sanctions is that they should not exist for an indefinite period of time. It is about changing behaviour. As I noted in the example that I gave of Iraq, there are times when we could use these to very good effect to ensure, with people’s behaviour—be they individuals, corporations or, indeed, countries—that sanctions act as an effective, and deterrent, tool.
Sanctions and Anti-Money Laundering Bill [HL] — House of Lords, 2017-11-29
Topic: International Affairs
Tariq Ahmad (Conservative, Centre-right): My Lords, it is important to recognise that the imposition of sanctions is not just a punishment but rather an attempt—as I have articulated in relation to an earlier comment by the noble Baroness—to change the behaviour of those who are acting in a threatening or unacceptable manner I state clearly that Clause 35 on suspensions is important. It gives Ministers the ability to provide relief from sanctions to countries, organisations and, yes, individuals where there is evidence of positive steps towards the desired change of behaviour. The ability to suspend sanction measures, rather than fully lifting them, allows Ministers to recognise moves in the right direction while maintaining a credible threat that sanctions can be easily reimposed. We know from past experience that this is an option worth having; thus I believe this clause should stand part of the Bill. I hope the noble Baroness will accept the response I have given, which makes the point that the Bill, at its essence, through Clause 35 provides for the suspension of particular sanctions to ensure that those seeking to improve their behaviour are given an opportunity to prove it. This should be without having the immediate comfort of knowing that their sanction has been not only suspended but lifted altogether. Not having Clause 35 would prevent Ministers from having this very important tool available to impose that kind of suspension.
Sanctions and Anti-Money Laundering Bill [HL] — House of Lords, 2017-11-29
Topic: International Affairs
Tariq Ahmad (Conservative, Centre-right): My Lords, I thank the noble Lord, Lord Collins, for tabling this amendment. I agree that sanctions are not the first port of call, a point I have made in previous debates in Committee. The amendment specifically deals with the decision to lift sanctions, and it merits close scrutiny based on a careful assessment of whether the sanctions have achieved their political objectives, as the noble Lord said The amendment seeks to oblige the Government to issue a written memorandum alongside any regulation revoking sanctions which would set out the rationale in terms of the original purposes of the sanctions as outlined in Clause 1. While I agree with the important principle of parliamentary scrutiny, I believe that the Bill as drafted provides an appropriate level of scrutiny Let me elaborate, if I may. In the case of UN sanctions, revocation would be an automatic response to a decision of the UN Security Council. We can assume that the reasons for the lifting of sanctions would be clearly understood, making a report unnecessary. In the case of UK autonomous sanctions, the regulations could only be revoked using the made-affirmative procedure. The Government would also need to explain the rationale for lifting sanctions and would do this when presenting the said regulations. The explanations provided by the Government would cover the areas proposed in the amendment. However, the Government would need to be careful about putting the full details of the UK’s strategy in the public domain. I know the noble Lord appreciates that point This means that, although we support the principle of transparency, obliging the Government to issue a full written memorandum, as proposed by the noble Lord, would be inappropriate. With that explanation, I hope the noble Lord is minded to withdraw his amendment.
Sanctions and Anti-Money Laundering Bill [HL] — House of Lords, 2017-11-29
Topic: International Affairs
Edward Faulks (Conservative, Centre-right): The noble and learned Lord puts a rather sinister construction on this clause. I do not want to add to my noble friend’s discomfort, but I need some persuading that Clause 39 is necessary given the width and nature of the sanctions and the purposes. It was important that the Government resisted the attempt to narrow "a foreign policy objective", which was an amendment that we debated on the previous occasion, but "a foreign policy objective" gives the Government quite a lot of room for manoeuvre having identified an appropriate sanction. While I suspect that Clause 39 was inserted as a "just in case" provision rather than to give Ministers extraordinary power of the sort that has been discovered, it nevertheless remains at least open in theory to a Minister to exercise power in a way I think all noble Lords find difficult to accept.
Sanctions and Anti-Money Laundering Bill [HL] — House of Lords, 2017-11-29
Topic: International Affairs
Tariq Ahmad (Conservative, Centre-right): My Lords, I thank all noble Lords for their contributions on this clause. I am hearing the message loud and clear, but in doing so I need to pick up on a few points as to the motive and the intent behind the clause. I appreciate the clarification by the noble and learned Lord, Lord Falconer, of the Government’s motives. I will not comment on his description of lawyers; it would be entirely inappropriate for me to do so. However, he makes a valid point about the explanation and it is appropriate to explain the Government’s intention behind the clause The clause will allow the UK to make amendments to the Bill, as noble Lords have mentioned, to allow for the imposition of new and unforeseen sanction measures, a point well made by my noble friend Lord Faulks. The power is confined to new types of sanctions and cannot be used to alter the purposes for which sanctions can be imposed. I should explain what I mean by new types of sanctions. Common types of sanction include asset freezes, travel bans, arms embargos and prohibitions on aviation and maritime transport. These are included in the Bill. However, the international community sometimes finds it necessary to develop and deploy new types of sanctions. Indeed, a recent example is the UN sanctions imposed in respect of North Korea. That resolution requires that UN member states do not grant work permits to North Koreans save where the UN agrees, in advance, on a case-by-case basis. Prior to the UN’s putting in place that sanction, such a sanction did not exist. There may be times in the future when a currently unforeseen type of sanction would again be appropriate.
Sanctions and Anti-Money Laundering Bill [HL] — House of Lords, 2017-11-29
Topic: International Affairs
Tariq Ahmad (Conservative, Centre-right): I think I mentioned Clause 7 in the preamble, but the noble Lord is correct. I was going on to say that, while Clause 7 would allow the UK to adopt new types of sanction when mandated by the UN, there may be times in the future when the UK needs to act outside the direct auspices of the UN Without the power provided by Clause 39, the UK will not be able to deploy these types of sanction without first passing new primary legislation. I have heard that point very clearly from noble Lords. That could significantly hinder our ability to co-ordinate sanctions with allies at times when UN action is not possible for political reasons. I alluded to the circumstances in earlier debates. This would risk the UK becoming the weak link in co-ordinated international responses to international crises of the kind we have seen in the Syrian civil war and Russia’s annexation of Crimea I also agree that it is important to give Parliament its assent when new powers are bestowed on government. That is why this clause provides that the draft affirmative procedure be used in these circumstances. In proposing that this procedure be followed—I come back to a point I made in earlier debates—the Government have sought to balance the twin demands of ensuring parliamentary scrutiny and ensuring rapid international responses That said, I will make two points, first on the substantive issue. I have again indicated the Government’s willingness to listen. The noble Baroness, Lady Northover, among others, rightly made the point about the reports that have been produced by both the Constitution Committee and the Delegated Powers and Regulatory Reform Committee. Indeed, they have made a similar point to that which has been debated in this House and we will be responding to those reports shortly. Therefore, I will take this back and look at the sentiment and the strength of opinion that has been expressed in this House On the point made by the noble Lord, Lord Pannick, and the noble and learned Lord, Lord Hope, on the drafting of Clause 39(2), while I am not a lawyer, I was looking specifically at the drafting as the noble Lord spoke. It is extremely important that we look at that again and I will take that back to ensure the drafting reflects the intent behind Clause 39. With that proposal, I hope the noble Lord will be minded to agree to the clause standing part of the Bill.
Unpaid Work Experience (Prohibition) Bill [HL] — House of Lords, 2017-10-27
Topic: Labor
James Younger (Conservative, Centre-right): I will write to the noble Lord about the specific figures relating to interns. I sought to make the point in general that in having the naming scheme, when the names go up on the board or when they are broadcast, particularly in local newspapers, it is damaging in itself. It is perceived as being more damaging and obviously can sully the reputation of employers in terms of both recruitment and the products that they are selling We also recognise that we have a responsibility to make sure—
Unpaid Work Experience (Prohibition) Bill [HL] — House of Lords, 2017-10-27
Topic: Labor
Howard Emerson Flight (Conservative, Centre-right): My Lords, I thank my noble friend. Can he clarify a point? Is he effectively saying that in the future interns will count as workers? The problem, as I understand it, is that of greyness in the area.
Unpaid Work Experience (Prohibition) Bill [HL] — House of Lords, 2017-10-27
Topic: Labor
James Younger (Conservative, Centre-right): That is true, and the point I am making is that the existing legislation does allow for a distinction to be made between who is defined as a worker and who is not. I have already made it clear that there are employers who try to get around this, a point which has been made by other noble Lords. However, the law is clear: if there is evidence to show that an individual can be defined as a worker in that work is being done that is not work experience, actions can be taken.
Unpaid Work Experience (Prohibition) Bill [HL] — House of Lords, 2017-10-27
Topic: Labor
James Younger (Conservative, Centre-right): Two or three Peers have said that there are flaws in the Bill. I would not necessarily go that far, but the tenet of my argument is that it is enforcement that counts. As I said earlier, we are making great efforts to improve enforcement in this area. The point is that there has to be a distinction between the different types of work. If somebody is defined as a worker, they are doing work for which they should receive remuneration from day one; otherwise, we could be led to form a new definition of, say, a work experience worker, but I have made it clear that we believe there would be some unintended consequences in so doing.
Unpaid Work Experience (Prohibition) Bill [HL] — House of Lords, 2017-10-27
Topic: Labor
James Younger (Conservative, Centre-right): The description is that any complaint goes to HMRC and, if a complaint has been made, a distinction has to be made and HMRC has to take a view on whether meaningful work is being carried out—in other words, a nine-to-five day is being done, not just work experience where somebody is looking over somebody’s shoulder. That distinction has to be made. Again, I make the point that we could go down the route of having a new definition under the heading, "Work Experience", but that would lead to all kinds of unintended consequences.
Unpaid Work Experience (Prohibition) Bill [HL] — House of Lords, 2017-10-27
Topic: Labor
Howard Emerson Flight (Conservative, Centre-right): I am sorry to bother noble Lords again. The fundamental issue seems to be whether the Government want interns to get paid. We all know what interns do. They are not workers because they are not on contract; but, if they are not paid, the problems we have all talked about arise.
Unpaid Work Experience (Prohibition) Bill [HL] — House of Lords, 2017-10-27
Topic: Labor
James Younger (Conservative, Centre-right): We are not taking a view on that. We are saying that there is no definition of work experience and it is left for others to decide whether the work is proper work that deserves remuneration or whether it comes under the description of somebody coming in for a couple of days and looking over somebody’s shoulder.
Unpaid Work Experience (Prohibition) Bill [HL] — House of Lords, 2017-10-27
Topic: Government Operations
Tina Stowell (Conservative, Centre-right): I wonder if I might assist my noble friend. One of the things I find quite helpful, from what he said in his remarks, is knowing that the Government are still considering how they will respond to Matthew Taylor’s report. I did not realise that until my noble friend said so. We have clearly had a very good debate, with some strong and forceful arguments. I would have thought quite a few of us would welcome the opportunity to sit down with the relevant Ministers—perhaps in BEIS—who are looking at and considering how to respond to the Taylor review, and have some real influence on the Government’s response to that set of recommendations.
Unpaid Work Experience (Prohibition) Bill [HL] — House of Lords, 2017-10-27
Topic: Labor
James Younger (Conservative, Centre-right): I am grateful to my noble friend for her helpful input. I was keen for the debate not to fall back on the Taylor review, because my noble friend is quite right that, as I have said, we are considering our response to it. I have been careful not to go either way. The debate is extremely helpful in allowing us to give a measured response. I take the point my noble friend made that responsibility lies with the business department—BEIS—but the DfE also has a strong input in a cross-departmental way Going back to the definition of work, it is explained in guidance. There is also a £1.5 million awareness-raising campaign to make people aware of what is and is not work. It boils down to that.
Unpaid Work Experience (Prohibition) Bill [HL] — House of Lords, 2017-10-27
Topic: Labor
Christopher Holmes (Conservative, Centre-right): I thank all noble Lords for taking part in the debate and for their support for the Bill. It is invidious to mention any particular noble Lords, but I will briefly pick up on a number of points that were made, if I may First, I agree with the point made by my noble friend Lord Flight about start points. As I mentioned in my opening remarks, my start point was zero weeks. Having four weeks in the Bill does not stop the clock ticking from day one, but it helps to define the period between what is and what is not work experience. I would certainly be happy to have more discussions on that point I am sad that the noble Lord, Lord Winston, does not like the Bill—I still like his television programmes. Perhaps I can help him out on one point—I hope so. He mentioned tidying up the ladies’ gym. I see no difficulty under the legislation—it is quite clear in that example that he was not a worker but a volunteer I was surprised by the noble Lord’s speech because I felt that many of his arguments actually made the case for the Bill. It is fine and a lovely thing to be able to help your children, but while Joel is in the lab working away and doing great things, what about Jack, or indeed Jane, from South Shields, who are able to watch the noble Lord on television but have very little opportunity to break through that glass screen? Without wanting to trespass on family issues, I say to Joel Winston that, having seen hundreds of thousands of pounds put into not fixing that piece of equipment, as the noble Lord set out, if I were him I would feel at least a little aggrieved to not receive any remuneration when undertaking tasks that were not only work but were clearly beneficial to the lab to the tune of hundreds of thousands of pounds.
Unpaid Work Experience (Prohibition) Bill [HL] — House of Lords, 2017-10-27
Topic: Labor
Christopher Holmes (Conservative, Centre-right): I thank the noble Lord and I accept his point. I look forward to discussing those points as we get to further stages. The intention is absolutely to have work experience opportunities—internships if they go on longer—not only paid but available to the broadest breadth of talent across the country The noble Lord, Lord Thurlow, raised a very interesting point. It is certainly one to discuss further as we progress. There is a potential danger in identifying any particular group of people and seeking to differentiate them. As he rightly and sensitively set out, it is clearly a difficult issue, but to differentiate too significantly could be problematic and may have at least the echoes of arguments made in previous decades on gender pay This has been a fantastic debate. I am clearly absolutely behind the principle. I am not totally, 100%, die-in-a-ditch committed to every last dot, cross, "i" and "t" in the Bill. As I said to the Minister at the outset: if not this Bill, what Bill? My mission is quite simply this: current legislation is clear and clearly is not working. I hope that the Bill is not a Rubiconic leap, a lunge or a blast into space, but merely a focused, targeted, thought-through tweak to existing legislation to bring clarity and to bring people within the law to enable them to have their rights and to be paid for the work they undertake Unpaid internships are a stain on our society, a drain on social mobility and desperately Dickensian. They are something of the past that I believe should be firmly committed to that past. We have the opportunity today to take the next step towards condemning unpaid internships to that past. In thanking all noble Lords who have contributed once again, I ask the House to give this Bill a Second Reading.