argyrotsipi/train-dataset huggingface dataset:
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: Government Operations
Philip Norton (Conservative, Centre-right): My Lords, I am extremely grateful to everyone who has spoken. It has given rise to a very valuable debate with some very helpful interventions. I take the point of my noble and learned friend Lord Mackay of Clashfern that there is an extensive academic argument about whether the prerogative can be revived. I am very much in favour of academic debates taking place, since if they did not, I would be out of a job. From my point of view, the one good thing that came out of the Fixed-term Parliaments Act was the number of articles I managed to publish on the subject Today, however, is the occasion for that debate about the prerogative being revived. I accept that the Bill achieves what it is designed to do: to provide that the prerogative comes back and to put it beyond doubt because of that academic debate about whether it could or could not. This establishes that it does. That has to be our starting point because, as the noble Baroness, Lady Smith, said, it is designed to restore the status quo ante. Therefore, the purpose of my amendment is to achieve clarity of that purpose and that it is a personal prerogative, the distinction I drew —in response to the noble Viscount, Lord Stansgate—in opening. It is one of only three prerogative powers that the monarch does not exercise on advice I deliberately quoted the report of the Joint Committee, which the noble Lord, Lord Beith, referred to, in relation to the point that the noble Lord, Lord Grocott, raised: the practice is that the monarch has acceded to requests for Dissolution. I was also trying to touch on the fact that No. 10 has contacted the palace in advance to make sure that it will be granted. I always think that is a useful deterrent; it makes the Prime Minister think about it. There is now the convention that Ministers do not act in a way that would embarrass the Crown, so there is some restraint there. There is a useful purpose in its existing in the same way that, formally, the monarch does not appoint the Prime Minister. That, again, is one of the powers not exercised on advice. There are certain elements there that remind Ministers that there is a higher authority to which they are responsible. There is a purpose in it and a useful role, but that is a wider debate. My starting point is that the purpose of the Bill is to restore the status quo ante and my amendment is focused on that. It is working within the purpose of the Bill and what it is designed to achieve As I said in opening, I was keen to get the Minister to put on record at the Dispatch Box that it is a personal prerogative power. Therefore, that is a necessary condition. I will need to reflect on whether it is a sufficient one, but for the moment I beg leave to withdraw the amendment.
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: Government Operations
Stephen Sherbourne (Conservative, Centre-right): Perhaps I may ask my noble friend about a situation where there was a hung Parliament, where the Prime Minister had no majority—we have had that experience very recently—where a pandemic was taking place and where the Opposition did not co-operate in passing laws. Surely then it would be right for the Prime Minister to seek the consent of the country.
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: Government Operations
Andrew Lansley (Conservative, Centre-right): There are many circumstances in which crises can emerge. There are arguments that cut both ways. In the midst of a pandemic, does one want an election? In the midst of a war, does one want an election? We could go back to 1940 and say, "Surely, if the Prime Minister then, Neville Chamberlain, had sought a Dissolution, why would he not have been granted it? Would it have not been right for the electorate to say what the outcome should be?" My response to my noble friend would be to ask whether in those circumstances it would not be the responsibility of the House of Commons, and whether it did not have the authority to resolve that crisis. If the answer we come to is, "Oh, but, but, but…", there are all sorts of circumstances and hypothetical scenarios that we can conjure up which would lead us to the assumption that the Prime Minister can go to Her Majesty or the monarch and request a Dissolution, but the House of Commons would not support it. I come back to the same question: by what authority does the Prime Minister make such a request? I support the amendment and have put my name to it because it brings us back, time and again, to precisely that point Professor Robert Hazell put it more elegantly when he gave evidence to the Joint Committee: "The best way of protecting the monarchy is not to revive the prerogative power but to leave decisions about Dissolution where they belong—in Parliament, in the House of Commons." This amendment does that in the simplest and most effective way possible by making it certain that if a Prime Minister requested a Dissolution in future, he or she did so on the basis that a majority of the House of Commons had agreed. If not, by what authority would he or she do it?
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: Government Operations
Stephen Sherbourne (Conservative, Centre-right): My Lords, I am very puzzled by this debate. There have been words used such as "inappropriate", "exceptional" and "misuse of power" to suggest that the Prime Minister of the day, when he or she asks the electorate to choose the Government, and where he puts his or her own tenure in No. 10 at risk, is somehow abusing his or her position. I do not understand what those likely positions might be where the Prime Minister of the day can be accused of abusing his or her power to go to the electorate. Nobody has yet produced an example of that. We know when the Prime Minister might want to do that—because they have no majority and want a majority, because they have a very small majority or because they want a mandate for a new policy, possibly—but none of those is an abuse of their power If I had read the speech of the noble and learned Lord, Lord Judge, and instead of reading "election" and "Dissolution" had read "Prorogation", I would completely understand. Of course, it would be an abuse of power to give the Prime Minister of the day the power to extend the life of Parliament, but I do not understand in what situation a Prime Minister can be accused, in these words, of inappropriate or exceptional misuse, by asking the electorate to choose the Government they want, and to put his or her own tenure at No. 10 at risk. I would be grateful if somebody could provide me with some examples.
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: Government Operations
Stephen Sherbourne (Conservative, Centre-right): I am very pleased that the noble Lord asked that question, because the debates this evening have said that we do not think the monarch could conceivably refuse a request for a Dissolution, as the noble Lord has already said. Other speakers have said that the House of Commons would never refuse a Dissolution; that was the thrust of the noble Lord’s speech and the speeches of other noble Lords. We are being asked to put in a brake on the power of the Prime Minister, but we are told that the brake will never be exercised. What is the point of that? I come back to my question: what are the most inappropriate examples of a Prime Minister abusing their power by calling an election? I can think of only two. First, they might, for party-political reasons, seek the advantage of going early because they think they can get a bigger majority. We know that the electorate are not stupid. There are, throughout the whole country, Brendas from Bristol who will react to that—we found this in February 1974 and in 2017 The other reason which I thought might be in the minds of noble Lords is if the Prime Minister of the day wanted to go to the country with what they thought would be a sole populist or undemocratic programme, and they were worried that the electorate might vote for it. That poses two problems. First, it is denying the public the right to choose the Government and policy they want. If you really want to exercise an effective brake for that sort of reason, you need a different Bill, because this Bill is designed to end the Fixed-term Parliaments Act and go back to the status quo ante. I believe, as my noble friend the Minister said, that this clause to give the House of Commons a veto—otherwise there is no point in giving the provision to it—drives a coach and horses through this Bill.
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: Government Operations
Stephen Sherbourne (Conservative, Centre-right): I just think that if you gave the House of Commons the opportunity to veto it, and the Government of the day simply could not get on with their business, which is what would probably happen, then we would have a problem. I come back to the point I made with my noble friend Lord Lansley: if you have a Government with a minority, or without a working majority, that Prime Minister may not be able to get the support of Parliament; but he or she needs it to be able to have an effective working Government.
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: International Affairs
Nicholas True (Conservative, Centre-right): My Lords, I am coming on to that, as I just said to the House I would. You can look at those circumstances in different ways, I would submit. Perhaps I will deal with that and then go on to the other point The Government had effectively lost the confidence of the Commons on the central purpose of its being, which was to deliver the referendum result on a key European policy. As the noble Lord opposite says, they tried to call an election three times, and three times the Commons refused to grant one. Why did the other place refuse to grant one? I cannot remember which noble Lord it was who said in the debate that it was because the leader of the Opposition sat on his hands and decided to prevent an election taking place. The noble Lord said he would not have done, but he did—three times The votes for dissolution were 298 on 4 September, 293 on 9 September, and 299 on 28 October. On every occasion they fell short of a majority. The Labour Party cast its vote to secure what it manifestly wished to do, which was to prevent the Prime Minister going to the country. Three times Mr Corbyn was presented—like Caesar on the Lupercal—with the crown of the election that he could have had the following day, on 4 September, 9 September and 28 October, and he declined. The noble Lord suggests that of course if they had known there would be an election, the Opposition would never have sought to vote against it. By sitting on their hands, the Opposition defied the people and did not have an election.
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: Government Operations
Andrew Lansley (Conservative, Centre-right): My noble friend must address the point. The point is that if the requirement were not what the Fixed-term Parliaments Act required but a simple majority on a Motion in the House of Commons, the Prime Minister back in October 2019 would have secured a simple majority and got his election.
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: Government Operations
Sheila Masters (Conservative, Centre-right): My Lords, I will speak only on Clause 3 stand part and not on the more detailed amendments, because I am sure that my noble friend the Minister will reply in his careful way about how the wording was arrived at and what it is intended to do, as he did very carefully at Second Reading One does not have to be an expert on the constitution, which I am not, to know that judges should not interfere in politics, and decisions on calling elections are about as political as decisions ever get. I believe the Government are right to try to draft this Bill in such a way that the courts cannot interfere in that very political decision, and that is why I support Clause 3 standing part of the Bill The fact that the Government feel it necessary to include Clause 3 and draft it in such a complex way speaks volumes about how the judiciary has found many ways of getting involved in areas that would have seemed unthinkable only a few years ago, ones of which we would have assumed the courts would steer clear. The clause is necessary only because of the direction of travel taken by the courts in the way they have interpreted the areas they get involved in. I, for one, believe that we need no more surprises like the Miller judgments Clause 3 is confined to the specific and narrow issue of whether the prerogative power to dissolve Parliament is justiciable. I cannot conceive of any circumstances in which the involvement of the courts could ever be justified, and those who oppose Clause 3 have said that they cannot think of any either. Even the noble Lord, Lord Butler of Brockwell, who demonstrated the fertility of his imagination in the debate on an earlier group of amendments, could not come up with an example. We are legislating against shadows, against figments of the imagination The issue is about only the steps taken to allow a general election to be called. It is a very political decision. We cannot conceive of the courts ever getting involved in delaying an election, halting an election or even, as my noble friend Lord Faulks suggested, nullifying the result of a general election. It just seems too ludicrous a concept even to contemplate. However, we need it to be clear beyond peradventure in the law, and without this clause it may not be We need to get this into perspective. Clause 3 does not diminish the role of the courts in the constitution; it is about this one narrow area that before, when we simply rested on the prerogative, no one thought the courts could ever get involved in, but because of other developments in the law we now feel it necessary to be quite explicit about it.
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: Law and Crime
Sheila Masters (Conservative, Centre-right): We have it because it is just possible that the courts could find a way in. We have seen them getting involved in areas that we never thought they would get involved in before. That is a fact of the way the judiciary has moved in recent years, and it is why the clause is there. I do not accept that the clause sets a dangerous precedent. It is about this one very narrow issue. It is not about an ouster clause that would be put in every statute that came before Parliament. Of course, Parliament must decide at the end of the day how it wants to frame its laws. It has the right to do that, and the courts can then interpret those laws, but I do not believe that this will be seen as a precedent for a more general use of ouster clauses. If it is, I am fairly sure that Parliament would not accept them. We should see this clause in the narrow concept in which it is drafted and not try to extend it beyond that.
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: Law and Crime
Nicholas True (Conservative, Centre-right): My Lords, as noble Lords know, I am a lay man. I have read out the legal advice that I have been given that it should not fall to the courts to assess by reference to whether relevant considerations have been taken into account or irrelevant ones have been discounted. I said that earlier in my speech. I will write to the noble Baroness if the words that I have put before Parliament are not sufficient, but they are the words that I have on advice.
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: Law and Crime
Nicholas True (Conservative, Centre-right): My Lords, I seek to put into the record the points put to me by those who argue and maintain that this is necessary I will further address the specific question of bad faith that was raised. This touches on another area around "purported". Bad faith was mentioned by Lord Reid in Anisminic as one of the ways in which a decision may be treated as a nullity. Case law suggests that, if an exercise of power by a public body is taken in bad faith, it is unlawful and will be quashed by the court. A decision is taken in bad faith if it is taken dishonestly or maliciously, although the courts have also equated bad faith with any deliberate improper purpose. Therein lies the challenge. Again, there is no suitable standard by which a court can judge what an "improper purpose" is. By what standards can the courts assess the legitimate or illegitimate purpose—
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: Law and Crime
Philip Norton (Conservative, Centre-right): My Lords, I very much agree with the noble Lord, Lord Beith, that it has been a very good debate in light of the quality of the contributions that we have heard. I think it demonstrates the value of this House in being able to hear and rehearse these arguments I noticed yesterday when the noble Baroness, Lady Fookes, was presiding over our proceedings and the Minister was at the Dispatch Box that the Minister resigned. When I saw that the noble Baroness, Lady Fookes, was in the Chair this evening and the Minister was at the Dispatch Box I wondered for a moment whether something might happen My noble friend Lord True will not be surprised to hear that I do not agree with the argument that he has advanced. I retain my points in opening that this clause, particularly the use of the word purported, does not restore the status quo ante and is objectionable on principle. I have previously quoted the late Lord Simon of Glaisdale, who once opposed an amendment being brought forward for the avoidance of doubt on the grounds that there was no doubt to be avoided. I think we may be in a similar situation here. It is quite clear that the courts would not get involved in this, despite what has been claimed about the direction of case law recently. I do not think the issue really arises, in part for the reasons given by my noble friend Lord True. The problems he adumbrated a few moments ago would be reasons why the courts would stay completely clear of entertaining any case relating to this My objection is really on the grounds of principle. I do not think it appropriate to try to limit the power of the courts because one disagrees with particular decisions of theirs. It is objectionable on principle. The argument has been advanced that it sets a precedent; my noble friend Lord True said, "No, this does not set a precedent; it is a bespoke solution." The problem, I fear, is that on future occasions, Governments will find a bespoke solution based on what is included in this Bill I maintain my position. I hear what the noble Lord, Lord Faulks, said about the purpose being to keep the courts out of politics, but my fear is that putting "purported" in is designed to keep the courts out of the law. So I am not persuaded by what my noble friend Lord True said. I am sure that we will come back to this on Report but, for the moment, I beg leave to withdraw the amendment.
Dissolution and Calling of Parliament Bill — House of Lords, 2022-01-25
Topic: Government Operations
Philip Norton (Conservative, Centre-right): My Lords, I very much agree with the noble Lord about the need for a revision of the Cabinet Manual. It is long overdue. I see the point of his amendment is to try to spur that, so I put on record the importance of bringing it up to date and incorporating quite a lot of material that needs putting in I am a bit wary of the noble Lord’s amendments, particularly Amendment 10, because he is trying to get Parliament to approve something which is really in the gift of government. The Dissolution Principles are those which would govern the Prime Minister in requesting a Dissolution, and that really is a matter for government and the principles that will govern that. It might be laid before Parliament, but there really should not be a requirement for it to be approved by a resolution of the House of Commons There should be an update of the Cabinet Manual, but it is important to remember that the Cabinet Manual is not something that needs to be endorsed by Parliament. It is distinct from Parliament and draws together the provisions, as we understand them, and the conventions, but it is a manual for government to which we can have recourse. Yes, there should be dialogue with committees and consultations so that we can feed into that, but at the end of the day it is within the remit of the government. It is a government document, not one to be endorsed by Parliament.
Afghanistan: Humanitarian Crisis — House of Lords, 2022-01-13
Topic: International Affairs
Tariq Ahmad (Conservative, Centre-right): My Lords, first, I thank the noble Lord for acknowledging the work that the UK Government are doing with international partners in what is, as the noble Lord rightly described it, a terrible and continuing perilous situation on the humanitarian front in Afghanistan. I assure the noble Lord that we remain fully committed. As he will be aware, I laid a Written Ministerial Statement in advance of Christmas detailing the agencies we are working with and the amounts we are giving in support, particularly targeting vulnerable groups. We will make additional announcements, particularly in light of the call to action and the new request from the United Nations I share with the noble Lord that the previous request was made for flash funding support for the UN. It is quite noticeable was that it was fully funded; indeed, funds are being distributed. He make a point about Gordon Brown calling for a meeting to be convened. We are, of course, working very closely with the United Nations in this respect. Any calls to action are welcome, and we will see how best we can mobilise further action. I will be speaking with key partners in the region to ensure that the call that has been made is also funded in the manner that is currently required On the British Council, I first pay tribute to the noble Baroness, Lady Smith of Newnham, who has been meticulous and consistent in raising in particular the issues of the British Council, along with other noble Lords. Let me give the noble Lord this reassurance: with the opening of the ACR scheme now formally announced, the promised support to cohorts, including the Chevening scholars and the workers associated with the British Council, will be upheld.
Afghanistan: Humanitarian Crisis — House of Lords, 2022-01-13
Topic: International Affairs
Tariq Ahmad (Conservative, Centre-right): My Lords, I am working directly and very closely with key agencies on the ground in this respect. Just before Christmas, I had a number of meetings, including with the likes of David Beasley of the World Food Programme. I assure the noble Baroness that through direct interaction, including with near neighbours, we have access points which are providing humanitarian support to all regions of Afghanistan. Indeed, I was updated on that just this morning. I will continue to update the House, as I have done, through briefings directly at the Foreign Office as well as through debates and discussions we have in your Lordships’ House.