argyrotsipi/train-dataset huggingface dataset:
Belhaj and Boudchar: Litigation Update — House of Lords, 2018-05-10
Topic: International Affairs
Christopher Fox (Liberal Democrats, Centre to centre-left): My Lords, the Statement mentions the unacceptable practices of other countries on several occasions. Can the Minister assure this House that we will not be bent in our moral judgment by the need to kowtow or suck up to other countries, which appears to be one of the reasons that has driven this behaviour in the past? Can he also undertake to make sure that these other countries have been told that we find these practices unacceptable?
Civil Liability Bill [HL] — House of Lords, 2018-05-10
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): My Lords, the amendments are, as has been said, in my name and that of my noble friend Lord Sharkey. I shall first add to the point made about the Delegated Powers and Regulatory Reform Committee by quoting what it said about placing the tariff in the Bill. It said that the second central question—the first being the question that I quoted earlier about what is meant by whiplash injury—is: "By how much are awards of damages to be reduced?" The committee said that the Government’s answer was that: "The reduction in damages will be whatever the Lord Chancellor says it will be, in regulations to be made by him or her at some future date" The committee came to the conclusion, as the noble Earl pointed out, that that is an inappropriate delegation of power. I again make the point that it is appropriate for the Government to accept that recommendation. That has always been the way that that committee’s recommendations have been dealt with. Of course, amendment in the future can be made by statutory instrument I turn to the important point that was made in different ways by the noble and learned Lord, Lord Brown of Eaton-under-Heywood, the noble Lord, Lord Faulks, and the noble Earl, Lord Kinnoull, which is that the cost paid by society for these reforms in this particular case—that is, the reduction in damages—is a reduction in awards for genuine claimants. It is genuine claimants who are made to suffer. I cannot see the justification for that in any of the evidence that the Government have produced. We accept entirely that there is a problem with fraud. We are fully behind attempts to tackle fraud by eliminating, or at least reducing, fraudulent claims. But to remove the right to fair damages for claimants in these particular types of cases does not seem to be an appropriate response to this problem in a civilised society We address this central problem by saying that the Judicial College Guidelines are an appropriate way of coming to a conclusion on appropriate damages. They are a fair and workable way in which to achieve comparability. They avoid the problem that fraud may be positively encouraged by a cliff-edge system that encourages exaggeration. Damages under this proposal double if the claimant can persuade the medic who is preparing his report that an injury will have a duration of three months-plus, rather than just short of three months—doubled from £225 to £450. In that context, I make two points. The first is that it is a little odd that the response—
Civil Liability Bill [HL] — House of Lords, 2018-05-10
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): Absolutely not. The Judicial College can respond, and be required to respond, to political guidance if Parliament chooses to legislate on the level of damages. I do not say that that is what is wrong. My concern is about the fairness and comparability of picking out whiplash injuries in an attack on fraud and reducing the compensation to genuine claimants accordingly. My point about the £225 and £450 figures—
Civil Liability Bill [HL] — House of Lords, 2018-05-10
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): I just wanted to make this point, but because of the noble and learned Lord’s plea I have perhaps left it a little late, as he has left the question of the figures. He made it clear that a political judgment was made in reaching these figures. The noble Lord, Lord Faulks, asked for clarification that the Judicial College guidelines, on which we rely, were merely an extrapolation from judges’ awards. However, as I expect the noble and learned Lord will accept, there is an element of circularity here because the judges reach their decision as to what is appropriate invariably after having the Judicial College guidelines cited to them, so they feed on themselves and are therefore a fairly carefully worked-out set of figures into which there could be political input.
Civil Liability Bill [HL] — House of Lords, 2018-05-10
Topic: Foreign Trade
John Kevin Sharkey (Liberal Democrats, Centre to centre-left): I thank the Minister for the long and comprehensive—and occasionally interrupted—answer. There is an issue here. I accept that it is a political decision, of course, and we are all operating on that basis, but I am still worried and puzzled about the way in which this table of tariffs has been devised. I have heard nothing from the Minister to suggest that it is not arbitrary. In particular, he did not answer my question so perhaps he can do it now. Were the figures devised on the basis of some target saving being set and then working backwards to say what the tariff would be to generate that saving? If that is the case, we ought to be told.
Civil Liability Bill [HL] — House of Lords, 2018-05-10
Topic: Transportation
John Kevin Sharkey (Liberal Democrats, Centre to centre-left): Talking about vulnerable road users, I was reading Tuesday’s edition of Insurance Times, and the opening sentence was: "Justice minister Lord Keen makes the first concession on Civil Liability Bill ahead of it entering the committee stage in the House of Lords" It went on to say: "Lord Keen sent a letter to peers this morning, and in it, he made his first real concession regarding the Bill"— and it then went on to quote the Minister at some length. I looked on the Bills in progress website and could not find any letter. I searched through my emails and could not find any letter; I searched through my junk mail and still could not find any letter from the Minister. I wonder whether he will simply tell me that I should not believe everything I read in Insurance Times, or whether there is some letter that he would like to draw our attention to.
European Union (Withdrawal) Bill — House of Lords, 2018-05-16
Topic: Environment
William John Lawrence Wallace (Liberal Democrats, Centre to centre-left): My Lords, will the noble Lord clarify one thing? He suggested, I think, that we are going to continue with the European regime until the end of the implementation period, which would give time for consultation. Or will we move away from the European Union arrangements in March 2019? That is important. If we are to continue to maintain all European environmental regulations, as now, up to the end of 2020, then we are in a slightly different position.
European Union (Withdrawal) Bill — House of Lords, 2018-05-16
Topic: Government Operations
Robin Teverson (Liberal Democrats, Centre to centre-left): Can I point out to the Minister that we have no agreement that there will be an implementation period? Indeed, many government departments are preparing, rightly, for there not to be one—because nothing is agreed until all is agreed. That is why this amendment is even more important in terms of that potential gap.
European Union (Withdrawal) Bill — House of Lords, 2018-05-16
Topic: Law and Crime
Alan Beith (Liberal Democrats, Centre to centre-left): My Lords, I will not add to the exposition of the amendment and the reasons for tabling it, which have been so clearly set out by the noble Lord, Lord Pannick. The committee felt that we ought to see whether we could get a more secure place for retained European law in the hierarchy of law as it would be viewed by the courts in this country. There will probably be difficulties in this area and we are probably persuaded that they cannot be resolved by the kind of declaratory amendment that we have tabled on this occasion There are further difficulties which the Minister might refer to, which have been pointed out by Professor Alison Young, who was referred to earlier. For example, constitutional statutes are not subject to the doctrine of implied repeal in the same way as other legislation. What will be the position if an item of retained European law is considered to be constitutional in character and appears to be in conflict with subsequent legislation passed post exit day, when the supremacy principle has fallen away and this has to be resolved? In passing an earlier amendment which removed a discretionary power from Ministers to, in effect, decide whether matters could be put before the courts, we wanted to assert that, wherever possible, we should protect the courts and the legal system from having to be the subject of individual ad hoc ministerial decisions in particular cases. That was part of the motivation for what the committee sought to do in this case. But clearly it cannot be solved in the way that we first suggested.
European Union (Withdrawal) Bill — House of Lords, 2018-05-16
Topic: International Affairs
Donald Thomas (Liberal Democrats, Centre to centre-left): My Lords, I am most grateful to the Minister for his very full reply, and in particular I note his formal commitment from the Dispatch Box to the application of the Sewel convention to this legislation. Moreover, the principles that are referred to in the amendment tabled by my noble and learned friend are indeed the principles set out by the Joint Ministerial Committee in October last year. As the noble Baroness, Lady Hayter, said, the process of consultation with the devolved Administrations started far too late and there were no meetings of that Joint Ministerial Committee for some seven or eight months; that is, during the very important period when the negotiations with Europe were beginning. It is almost ironic that it is the principles that were set out by agreement between all the parties at the first meeting of that Joint Ministerial Committee which now find themselves as the foundation of the way forward in this Bill The noble Lord, Lord Kerr of Kinlochard, said that there should be less discourtesy and more diplomacy, and I agree with him entirely on that. The noble Lord, Lord Wigley, gave us some insight into the proceedings yesterday in both Edinburgh and Cardiff. He described the incredulity that was expressed at the drafting of the very point which I have taken in my amendment—incredulity that a consent decision could mean no consent or the refusal to consent. It is a mark of the state of the relationships that exist between the devolved Administrations that there has been no proper discussion on these issues until now I agree entirely with the noble and learned Lord, Lord Mackay, that what we are looking for is a mechanism whereby there is agreement about how these UK framework agreements are to be entered into. It is not so much the agreements themselves as the mechanism by which those agreements are made that is important. The point I was seeking to make was that if the Government choose to push on with this Bill without the consent of the Scottish Government, the chances of coming to a UK framework agreement are that much more diminished. It would be much preferable for the Government to continue their efforts to come to an agreed mechanism whereby those arrangements can be completed Having regard to the commitments that have been made from the Dispatch Box, I do not need to press the amendment. I will finish on this note—namely that, as with the noble Lord, Lord Kerr, I think it is a great shame that the SNP are not represented in this Chamber. They merely wish to take control; they merely wish to make their own laws; they are prepared to risk economic security for sovereignty, whatever that may mean; and there are quite a number of people in this House who take a similar view, but not for Scotland. I beg leave to withdraw the amendment.
European Union (Withdrawal) Bill — House of Lords, 2018-05-16
Topic: Government Operations
Richard Newby (Liberal Democrats, Centre to centre-left): My Lords, it may surprise them, but I begin by congratulating and thanking the Government Front Bench. I congratulate the ministerial team on passing the first test of successful politicians: they have survived, and that is a signal achievement. I also thank them for at no point suggesting that your Lordships’ House should not pass amendments. During previous Administrations, it has been common, even at this stage, for Ministers on the Front Bench to stand up, on amendment after amendment, saying, "This should not be passed because the Bill has been through the Commons and the House of Lords should simply do what the Commons has instructed". It must have been extremely tempting for the Government Front Bench to say that repeatedly as the Bill has gone through. It reflects well on the House that Ministers have not done so, and I thank them for that I should like also to thank my team, both in the Chamber and our staff supporting us, on what has been a tiring process—in particular, Elizabeth Plummer and Sophie Lyddon, who worked exceptionally hard As the Bill leaves your Lordships’ House, it faces an unclear future. We do not, for example, even know when it is going to be taken in the Commons. Certainly, it is not going to be taken until June. This begins to set the seal on what will be a huge challenge for the rest of the year, because the Bill presages 1,000 statutory instruments, many of which need, I assume, to be in place before the Government’s preferred exit day in March next year. The Government are also committed to bringing forward a whole range of other Brexit-related Bills before that deadline. They even have to bring forward a Bill to disapply the vast bulk of this Bill during the transition period. We are in for a very difficult period. I am not going to embarrass the Minister by asking how he hopes to get through this legislative logjam, because I know he does not know and in any event that is for another day. Today, all we can do is send the Bill to the other place and wait for the explosions.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Sarah Ludford (Liberal Democrats, Centre to centre-left): In his lengthy reply, the Minister appears to perpetuate some of the misunderstanding that underlay the Prime Minister’s speech on Friday, which is that somehow if you mirror the laws of the EU 27 and start from the same position, you do not need the rest of what Commission jargon calls the ecosystem—in other words, the common rules and the enforcement of institutional and supervisory mechanisms. Surely that is the difference between the EU context and the Hague and Lugano conventions, and accounts for the difference between having regard to and mutually recognising and enforcing judgments. It is part of a complex of arrangements. There is a qualitative difference between the international arrangements and the EU arrangements, which does not seem to come through in the Minister’s response.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Jonathan Marks (Liberal Democrats, Centre to centre-left): I entirely understand the response the noble and learned Lord gave to the effect that you can, of course, have a treaty to ensure reciprocity, but he does not appear to recognise the role of the CJEU in the difficult cases where there is an argument about what reciprocity means and the obligations on states that are parties to that treaty. I do not know that there has been any explanation from the Government of how we deal with the difficult cases without accepting the jurisdiction of the CJEU. Would he like to elaborate?
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Agriculture
Susan Miller (Liberal Democrats, Centre to centre-left): My Lords, I add my support to this important amendment, which has received widespread support from around the House. Noble Lords have rightly concentrated on farm animals because of the implications of the trade Bill—I associate myself with the wise remarks of the noble Lord, Lord Deben. However, let us remember that the animal sentience directive applies not only to farm animals but to all animals: wild animals, companion animals, working animals and lab animals. If we did not accept it, it would be a major step backwards. This House will remember that the Animal Welfare Act 2006 was a major step forward, but it was quite controversial and took a lot of time to go through both Houses. That is one reason why I am particularly surprised at the Government wanting to spend lots more time on animal sentience—time which we know Governments rarely have. As other noble Lords have said, they could simply include it in this Bill and avoid all that time being taken up So the question I ask myself is: what loopholes are the Government hoping to create for themselves in their Bill? There must be some reason why they do not want to put provision firmly into this Bill. Those suspicions fuel public anger when people realise that the Government are resisting an amendment of this sort.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Alan Beith (Liberal Democrats, Centre to centre-left): My Lords, my noble friend Lady Bowles has identified a problem that goes beyond what the committee sought to solve in its proposal, and proposed an ingenious way of trying to deal with it. The committee’s proposal seeks to protect the important bits of that legislation from the degree of vulnerability provided by the repeal of statutory instruments under our present procedures. It is an intriguing point in some ways, because I expect this to be a shrinking area of law over time. If we leave the EU, one assumes that much of this legislation will in time be replaced by new legislation bringing that area of law up to date, not because it is EU law but because things move on and there is a need to do so That reminds us of the danger that the committee set out at paragraph 103 of its report. It said: "If the ‘supremacy principle’ were to continue to feature in the Bill, clause 5(3) would need to be amended to clarify the extent to which retained EU law can be modified while retaining the benefit of that principle, and to clarify in what circumstances the modification of pre-exit domestic law would be such as to turn it into post-exit domestic law that is no longer vulnerable to the operation of the ‘supremacy principle’" We chose not to go down that road or try to define it because it seemed an extremely bad situation to get into. One other problem that I will add to the list so well adumbrated by the noble Lord, Lord Pannick, occurs in paragraph 87 of the report, which points out that Clause 5 would also need to be amended, "to provide courts … with suitable guidance for the purpose of determining whether a rule of the common law should be taken to have been ‘made’ before or after exit" If that is not done then the procedure that the Government have chosen will yet again promote and continue uncertainty. In both cases it would be better to go for some version of what the committee proposed.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Government Operations
Menzies Campbell (Liberal Democrats, Centre to centre-left): My Lords, I can be brief. I wish to support the various submissions made by the noble Lord, Lord Pannick, but also to draw your Lordships’ attention to some revealing contents of the Constitution Committee’s report, in particular the words of the Solicitor-General, which seem to indicate very clearly the weakness of the Government’s position As I recall, the noble Lord, Lord Pannick, confined himself to the first sentence of paragraph 69 of the report: "It is constitutionally unacceptable for ministers to have the power to determine something as fundamental as whether a part of our law should be treated as primary or secondary legislation" He went on to say that this is a recipe for confusion and legal uncertainty. I invite your Lordships to look to paragraph 67 on page 23 of the report, particularly the direct quote from the evidence given by the Solicitor-General. He says of the powers under discussion that, "there is nothing unusual about these powers. However, I accept that the way and the context in which they are used is somewhat unusual … I accept that we are in new territory here. Having said that … when embarking on new territory, all Ministers tread extremely carefully" If this is genuinely new territory, it is inevitable from the Solicitor-General’s expression that there is no precedent. If there is no precedent for exercise of powers in the way the Government seek, that is not just something where we should tread extremely carefully; it is something which should be rejected outright.
United Kingdom-European Union Future Economic Partnership — House of Lords, 2018-03-05
Topic: Foreign Trade
William John Lawrence Wallace (Liberal Democrats, Centre to centre-left): On managed divergence and regulatory alignment, the phrase "managed divergence", which I gather the Cabinet agreed on 10 days ago, does not appear in the Prime Minister’s speech or this Statement. What we have on regulatory alignment is the very odd statement that Parliament in many cases will pass identical laws to an EU law. That sounds remarkably like a sort of Potemkin sovereignty, in which we do it independently but we simply follow what the others have done. That is not real sovereignty at all. Do the Government now accept that the advantages of regulatory alignment across the whole goods sector are such that, in practice, we will want to maintain the same standards, or do they accept, as the Foreign Secretary and others wish to go on insisting, that there are some rules out there that we will somehow want to diverge on?
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Lorely Burt (Liberal Democrats, Centre to centre-left): I am grateful to the noble Baroness for her question. As I have just outlined, my concern is that there has been talk on the Government Benches—it has all been suspended at the moment because nothing will happen pre Brexit—of abandoning our membership of the European Court of Justice and leaving the European Court of Human Rights. That is what worries me and it is why I mentioned it.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Labor
William John Lawrence Wallace (Liberal Democrats, Centre to centre-left): The Minister just made an extremely significant statement. He will appreciate that part of the problem many of us have with the Bill is how far we trust the Government to have the very extensive delegated powers which are granted by the Bill and the chatter one hears, including from Ministers, about a desire to loosen EU regulations, in particular to loosen EU labour regulations. If the statement he has just made represents the Government’s considered view, that puts a number of minds at rest, although it may upset a number of people within his own party.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Alan Beith (Liberal Democrats, Centre to centre-left): Can the noble and learned Lord envisage the circumstances in which such regulations would be made? Will Ministers have to decide between now and exit day a category of matters for which such regulation is to be provided, or are we to await a case coming up which ought to have been the subject of regulations which are then made? That surely cannot be possible.