argyrotsipi/train-dataset huggingface dataset:
Divorce, Dissolution and Separation Bill [HL] — House of Lords, 2020-03-03
Topic: Law and Crime
Elspeth Howe (Crossbench, Unknown): My Lords, I am most grateful to all noble Lords who have taken part in this debate, which has been extremely interesting and wide-ranging. Despite what has been said, the role of children and the effect on them of divorce proceedings would not have had anything like the prominence that it has had but for this amendment. I did not realise that the family test assessment is available; I was going to suggest having a meeting before Report with that as a central feature. Maybe noble Lords on all sides of the argument could come together. Clearly, we need to discuss all this on Report. All noble Lords who have taken part, with their very strong feelings and differing views, must be glad that children are a central part of all the proceedings. With that in mind, unless the Minister would like meetings for further discussion before Report, I will withdraw the amendment.
Divorce, Dissolution and Separation Bill [HL] — House of Lords, 2020-03-03
Topic: Law and Crime
Molly Christine Meacher (Crossbench, Unknown): My Lords, I shall speak briefly to Amendment 3. I regret to speak in disagreement with the noble Lord, Lord McColl, for whom I have great respect. I also have some disagreement with my noble and right reverend friend Lord Harries Amendment 3 is, like Amendment 1, based on the assumption that, even after divorce proceedings are under way, there is a reasonable number of couples who can be reconciled. My reading of the research on this issue suggests that such reconciliation is rare once divorce proceedings are under way. Nobody starts divorce proceedings unless they are pretty desperate Having provided relationship support services as a social worker many decades, never mind many years, ago, I am, of course, a supporter of this approach to marriage problems. However, in response to this amendment, I suggest that a couple would benefit far more from such a service long before either parent considers divorce. A divorce petition is sought only once at least one of the partners is clear that the relationship has broken down irretrievably. It is very likely, although it is not always the case, that one partner will by that time be well involved with a third party and have little interest in perpetuating the marriage. At that stage reconciliation is very unlikely, although of course it is possible.
Divorce, Dissolution and Separation Bill [HL] — House of Lords, 2020-03-03
Topic: Law and Crime
Elspeth Howe (Crossbench, Unknown): My Lords, the modest but important point of this amendment would be to permit a spouse who does not want to divorce to have that fact placed on the public record. As I explained at Second Reading, I am concerned that this Bill facilitates a significant shift in power from the respondent to the petitioner, without proper regard either for the best interests of the respondent or any children involved. This Bill as defined is a petitioner’s charter. Under it, the departing spouse will be able to apply for divorce without citing any reason and will get their divorce in six months. The other party to the marriage will not be able to do anything about it. They will find themselves on a high-speed conveyor belt to divorce with no way of slowing it down, no opportunity to contest, no way to seek justice and not even a reasonable period to prepare themselves for life after the marriage ends New subsection (3) in Clause 1 makes it clear that the court cannot seek to examine or verify the departing spouse’s assertion that the marriage has broken down irretrievably. The other spouse may think it is retrievable —and may be right—but under the Bill their option must be ignored completely by the court. Like many couples who contemplate divorce, the right kind of counselling advice may get them through their current difficulties and they might emerge with their relationship strengthened and their understanding deepened I suspect many noble Lords will know of those who have experienced such times, but this Bill totally disempowers spouses trying to save their marriages. For some in such circumstances—perhaps for reasons of faith or other personal reasons—being able to record that it was not they but their spouse who sought divorce will be important mentally, emotionally and perhaps even spiritually, but the Bill allows no recognition that it was their spouse who walked away, no acknowledgement of the wrong the innocent party has suffered A fundamentally different approach to the respondent is required and I hope that the Government will register the concerns that I have set out today and at Second Reading in this regard. I do not really regard this modest amendment as a satisfactory solution to the problem but it is a way of drawing attention to it. People in such a situation should at least be able to have a line on the divorce order to say that they did not consent to the divorce. If you are stripping people of the right to contest a divorce or get the justice of their situation recognised, this is the least we can do. I beg to move.
Divorce, Dissolution and Separation Bill [HL] — House of Lords, 2020-03-03
Topic: Law and Crime
Ruth Deech (Crossbench, Unknown): My Lords, I thank the Minister for having spent some time with me and other supporters a week ago to discuss this. It was very constructive. If I do not press my amendment, it will be on the basis that he has given a commitment here to carry out a broad consultation on financial provision law, and indeed a speedy one. I offer a word of warning. I am worried about strong lobby groups that will try to take this over. Some of my best friends are barristers—I studied with them, taught them, regulated them, and I have been represented by them—but the eyewatering amounts that they charge in divorce is upsetting. I am married to a solicitor and I know that they get in on this act as well. I am not saying that they do not deserve it, but for poor couples who have no legal aid the legal costs are exorbitant. That is why I am worried about a consultation that is too heavily weighted towards the views of the legal profession. We need to hear from women’s groups and, indeed, from men; we need to hear from people who have been through a divorce—members of the public—and how it has affected them. We need also to remember that there is more than one feminist view on this. Indeed, as we might expect, there is a split between feminists on quite what the right outcome should be, financially, at the end of the divorce. I am grateful that the Minister has undertaken to have a wide-ranging and speedy review, so that the financial law will eventually get into line with the new divorce law.
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2020-03-13
Topic: Government Operations
Simon Denis Brown (Crossbench, Unknown): My Lords, this House is often under attack and now is no exception. There is not much that we can do in the way of self-reform to improve our image and reputation, but the Bill provides a real opportunity for just that. Let us show by passing it that we at least are trying to modernise, reform and improve our House. If others then choose to thwart our efforts, that will be seen to be where the blame lies, not with us. That, I suggest, is the answer to those who say that this should be a government Bill Before turning to what seems the most basic unanswerable argument in favour of the Bill, I shall repeat what I have said on other occasions. I am one of those who greatly admire our existing hereditaries. Man for man, pace my noble friend Lady Mar, who is of course the only female hereditary Peer, they contribute at least as much as those, like me, who are appointed here. They undoubtedly match us in commitment, expertise and independence of mind and spirit. But, and this is the big but, the main point is that the fundamental objection to continuing to replace them is that the whole system amounts to nothing short of what I, and maybe others, have called an assisted places scheme. It is a scheme whereby a privileged class—namely, the group of 200 or so hereditary prospective candidates—are candidates for 90 places when they fall free. Indeed, they are to be elected by a further privileged class, generally the hereditaries already here, or usually just those few in the group where a vacancy arises. I suggest that this objection is altogether more fundamental than, and indeed subsumes, certain other sound objections to the scheme, which in addition is manifestly both racist and sexist. In short, this system favours a very tiny privileged—as we presume, well-born—group within an overall population of millions who would otherwise be available as candidates. Why should these many others not be at least as good candidates for these places To those such as the noble Lord, Lord Strathclyde, and the noble Earl, Lord Caithness, who suggest that at least this scheme ensures that we are not a wholly appointed House, and the fact that 90 are elected provides us with a certain democratic mandate, I say simply: come off it. Is it really to be suggested that those who object to our having no democratic legitimacy—in short, who want an all-elected Chamber—will say, "Oh well, now that you tell us and we understand that you have 90 elected Members who are hereditaries, that’s fine"? Surely that is nonsense. There is another central objection: that it runs counter to much of the underlying thinking in the report of my noble friend Lord Burns. However, those matters have been dealt with and I shall not return to them. Of course, if it continues it will narrow the choice available to the party leaders of the relevant groups as to who they can appoint on the two-out, one-in—or, eventually, one-out, one-in—system. It is therefore damaging to the party leaders, too.
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2020-03-13
Topic: Government Operations
Simon Denis Brown (Crossbench, Unknown): I am not suggesting anything of the sort. Former Supreme Court justices are not routinely appointed here; they are merely, just as the rest of the population is and as the hereditaries should be, candidates for appointment. That is how it should work.
Economy: Update — House of Lords, 2020-04-28
Topic: Macroeconomics
Richard Gilbey (Crossbench, Unknown): My Lords, while they are obviously very welcome, the bounce-back loans and other measures can be only a short-term fix. Many businesses that are currently allowed to operate are not doing so at the moment and others—garden centres, for example—could operate safely. Does the Minister agree that it would be better if businesses which could operate safely did so to minimise the damage to the economy? What help, financial and practical, can the Government offer to businesses which adapt their operations to enable a safe return to work as soon as possible?
Economy: Update — House of Lords, 2020-04-28
Topic: Macroeconomics
Terence O'Neill (Crossbench, Unknown): My Lords, I would like to thank and congratulate the Chancellor and his advisers in the Treasury for speed and agility of their economic policy response. I recall that in his response to our debate on 18 March, the Minister described my proposal for a version of a people’s QE as the most radical of any that had been proposed that day, yet within two days the Government announced what were essentially half of what I proposed, particularly that which related to the furloughing scheme. I have had, and continue to have, many concerns about aspects of the loan scheme which relate to a couple of questions which have already been asked by other noble Lords. Will the Minister consider taking back to the Chancellor and the Treasury the following idea and question Why not, as I proposed specifically that day, link the two together and make the business support conditional on not gaming the furloughing system, and, along with that, further consider replacing aspects of the loan-based system with something more grant or equity related, where the Government could take a secondary type of equity stake, which would allow for small businesses in particular to plan for this uncertain future—especially ones such as those in hospitality. For them, the idea of taking a loan when they read and hear that a vaccine could still be 18 months in the future would, generally speaking, be a completely undesirable option. However, for the Government to directly support them in a way other than encouraging debt would be likely to be much more substantive and less damaging to the long-term outlook for the economy.
Economy: Update — House of Lords, 2020-04-28
Topic: Labor
Nicholas Trench (Crossbench, Unknown): My Lords, the Chartered Institute of Personnel and Development says that the lack of support for limited companies in the self-employed income support schemes is "not just a crack: it is a gaping hole in the package." It is accepted practice for freelancers to pay themselves through dividends, contrary to what the Minister says. This applies to a wide range of workers, from musicians to builders to cleaners, whose work is particularly important at present. Like the noble Baroness, Lady Kramer, I ask the Government to take another look at this.
Weights and Measures Act 1985 (Definitions of “Metre” and “Kilogram”) (Amendment) Order 2020 — House of Lords, 2020-05-20
Topic: Law and Crime
James Hope (Crossbench, Unknown): My Lords, I am extremely grateful to the Minister for his introduction to this measure and for the clear way in which he set out the background to what we are being asked to consider. I was attracted to this measure simply because, as a lawyer, I appreciate that weights and measures are part of our law and fundamental to a great deal of what goes on in trade and in the scientific community However, when I began to look at the measure and its definitions, it seems that we find ourselves in an extraordinary position. The measure sits rather uneasily with the first rule of law, which is that the law should be accessible, clear and predictable, particularly where, as we find in this case, a criminal sanction is attached to a breach of the rules that the law lays down. One has to have regard to the context set by the Act itself: the Act lays down what the units of length and mass are to be for any measurement of length and mass that is to be made in this country: the yard or metre, the pound or the kilogram, as the case may be. We are given formulae that define exactly—the word "exactly" is used—how to measure a yard by reference to a metre, and a pound by reference to a kilogram When we look at the schedule, we see that, among other things, "METRE" and "KILOGRAM" are set out in capital letters, to highlight their prominence in the whole system, whereas everything else is in lower case. The whole process is policed, if one can put it like that, by Section 8 of the Act, which provides that no person shall use for trade any measurement which is not included in the schedule. Section 8(4) provides that a person who contravenes that provision shall be guilty of an offence which is punishable by a fine on summary conviction of up to £1,000. The word "exactly" is crucial to the whole process The interesting thing is that the existing definition of "metre" is sufficiently clear for the Oxford English Dictionary to publish it in full, whereas it would be very difficult to do that with what we have now. We now have a greatly expanded definition and my concern is that, if a lay man were to look at these things, he would find it frankly very difficult to understand. The definitions as they will now stand cannot by any stretch of the imagination be described as accessible or clear to members of the public. Of course, I understand the value of this for other reasons, but that is my principal concern Therefore, can the Minister explain in simple language how a tradesman who is trying to remain within the law should interpret these new definitions? If that is not possible, why should we adopt these since we are no longer in the EU?
Prisoners (Disclosure of Information About Victims) Bill — House of Lords, 2020-05-20
Topic: Law and Crime
James Hope (Crossbench, Unknown): My Lords, I will speak to Amendments 2 and 4, to which I have added my name. I am most grateful to the noble Baroness, Lady Bull, for her introduction to the group. I too completely understand the policy reasons that have given rise to the Bill. I have the deepest sympathy for those who feel that they can have no closure until they are given the information that the Bill refers to A tragic headline in the Scotsman only three weeks ago read: "We cannot say goodbye until Suzanne is found." This was a reference to the case of Suzanne Pilley, of whose murder her former lover, David Gilroy, was convicted in 2012. It is now 10 years since she went missing, and her body has still not been found. Her family believe that he is the only person who knows where it is. The problem is that Gilroy has maintained throughout, despite his conviction, that he is innocent. He says that he cannot reveal where the body is and that it had nothing whatever to do with him. There seems to be no way out of this impasse, but the family’s distress is very real and very deep. As the noble and learned Lord, Lord Mackay of Clashfern, said, sadly, it is not always possible to find a just solution to their pain However, we need to be very careful about exactly what it is that the Bill is trying to achieve—or, to be more precise, about the test that the Parole Board is being asked to apply when it takes non-disclosure into account. The noble and learned Lord, Lord Garnier, was quite right in his understanding that our amendments seek to leave it with the Parole Board to make the judgment. As the noble Baroness, Lady Kennedy of Cradley, said at Second Reading in the Chamber in April, this is not a "no body, no release" Bill, although that is what some campaigners would have preferred. We need to be clear: is the Bill about simply delaying release as a punishment, or securing the release of information? Surely, it is only by securing the release of the information that the board will be able to give closure to those most affected. I hope the Minister will be able to confirm that it is the latter and that the point of the Bill is to strengthen the power of the Parole Board to encourage disclosure. "Encourage" is perhaps too mild a word because of course, we have to face the fact that disclosure must have been asked for repeatedly, time and again, ever since the prisoner was first interviewed by the police. Nevertheless, one can only hope that, however this is done, the board will be able to achieve that objective.
Prisoners (Disclosure of Information About Victims) Bill — House of Lords, 2020-05-20
Topic: Law and Crime
Roger Thomas (Crossbench, Unknown): My Lords, I wish to speak briefly to the amendments tabled by my noble friend Lady Bull, and to support them, but before turning to that, I will make two points I entirely agree with and support the purposes of the Bill because, as has been shown on so many occasions, closure is impossible to achieve to any degree without knowledge of what has happened to the body of the deceased. However, there is another observation which it is important to make. If there is to be a proper review and recasting of the Parole Board system, which is long overdue, it is not sensible to make piecemeal amendments at this stage. Therefore, I urge that this Bill be passed without significant amendment The only amendment which I support, and I do so warmly, is that tabled by my noble friend Lady Bull. My reason for doing so is very straightforward. It is my experience that, when hearing evidence, trying to determine whether someone has had memory loss and whether that loss is genuine is an extremely difficult exercise. Medical opinion may well vary on either side of the argument. Therefore, it is very important that, if there is a case in which mental capacity or the mental state of the convicted person is to be examined, it is done very carefully before the board. It seems self-evident that if, after a long time in prison, a person is to be considered unsuitable for release because disclosure of the whereabouts of the body or other matters has not been made, the judgment should take into account, if the question arises, whether the prisoner has the mental capacity to recall the events, whether his mental health permits him to do so or whether this is all phony. That is a difficult determination and it should be done by the board.
Prisoners (Disclosure of Information About Victims) Bill — House of Lords, 2020-05-20
Topic: Law and Crime
James Hope (Crossbench, Unknown): My Lords, I refer the Minister to his remarks about historic refusals. Reading proposed new subsection (1)(c), I do not get the impression that it is talking about historic refusals and I do not think that anything in the noble Baroness’s amendments would cut the ability of the board to look at them. What the opening words of the subsection are talking about is a situation where the board "believes that the prisoner has information"— talking about it in the present tense so that the board can consider it in a situation where it thinks that the prisoner is able to do something. That is where the words suggested by the noble Baroness would fit in very well Would the Minister like to reflect carefully on exactly what subsection (1)(c) is talking about and reconsider his point as to whether these amendments would cut out historic refusals, which would be highly undesirable, of course?
Covid-19: Care Homes — House of Lords, 2020-05-20
Topic: Social Welfare
Usha Kumari Prasher (Crossbench, Unknown): My Lords, the Statement is encouraging on one level but very disappointing on another, since it does not recognise that initially there were delays and problems. Consequently, care workers in those homes were working in very difficult and distressing circumstances, often without PPE and on low pay, in many cases below the real living wage. Will the Minister agree that they deserve not just applause but proper protection and a real living wage?
EU: Future Relationship — House of Lords, 2020-05-20
Topic: International Affairs
John Kerr (Crossbench, Unknown): I doubt if the Statement or Mr Frost ‘s letter will greatly advance the negotiation. I am struck by its petulant and querulous tone and the view that we are entitled to pick and choose. The Statement ends by saying that progress is possible only if the EU recognises that we are now a sovereign equal. I have two quick questions on sovereignty for the Minister. First, does he regard France, Spain, Germany and the 27 sovereign states as equally entitled to determine their own interests? Secondly, when we called in the political declaration for an overarching institutional framework that could be an association agreement, we must have had a different view on sovereignty because we now say that such an agreement is appropriate not for a sovereign equal but only for applicants for EU membership. I am really puzzled about this sovereignty doctrine. Is Israel or South Africa applying to join the EU? Do we think Ukraine is not a sovereign equal?
EU: Future Relationship — House of Lords, 2020-05-20
Topic: International Affairs
Ruth Deech (Crossbench, Unknown): My Lords, I congratulate David Frost on reaching out to member states and remind him of the wise words of his late namesake, Sir David Frost, who said: "Diplomacy is the art of letting someone else have your way." Will the Government encourage Mr Frost to stand up for British values for the benefit of this country, and not just to think about the economy I must raise the arbitrary dismissal of Eleanor Sharpston, the British advocate-general at the European Court of Justice. She was sent packing before her term ended, even though her post is not attached to UK membership. If you sack a member of the court, judicial independence is meaningless. This is not a court that we can remain subject to. I hope the Government will make representations on behalf of Eleanor Sharpston.