argyrotsipi/train-dataset huggingface dataset:
Business and Planning Bill — House of Lords, 2020-07-20
Topic: Transportation
Patrick Cormack (Conservative, Centre-right): My Lords, I have no doubt that my noble friend Lord Blencathra would indeed go through in the way he suggests. I will be very brief. I am concerned entirely with the issue of pavement licences, and I raised these matters in Committee a week ago. When new constraints are imposed or new freedoms given—even if for only a very brief period, relatively speaking—it is important that we should know precisely where we stand. That is why I have said, in my Amendment 17, that the Secretary of State should have no discretion on whether he prescribes conditions: he must prescribe conditions. I have gone on to say, in my Amendment 18, that he must have regard for those who will be inconvenienced by these new freedoms and conditions, specifically people who are disabled physically or who are blind or partially sighted I am afraid I have not received the letter to which my noble friend Lord Blencathra alluded in his speech, and I therefore look forward to hearing what my noble friend the Minister has to say. I agree with both my noble friend Lord Blencathra and the noble Lord, Lord Holmes, that this is one occasion—there are few, but this is one—where it might be helpful to have an earlier ministerial intervention than normal I want to feel assured at the end of this debate that people who are physically disabled, blind or partially sighted are not going to be inconvenienced by the new freedom that has been granted to people to spill over on to the pavement. In earlier debates, we heard how very dangerous that can sometimes be. We must always have uppermost in our minds the proper protection of those who are not always able to protect themselves and who, perhaps unlike my noble friend Lord Blencathra, do not drive mini tanks fearlessly along the road or on pavements.
Business and Planning Bill — House of Lords, 2020-07-20
Topic: Labor
Richard Balfe (Conservative, Centre-right): My Lords, first, I thank the Minister and his fellow Ministers for the careful way in which they have looked at the points that have been made and for the concessions that they have given. Indeed, if you asked the question, "What is the role of the House of Lords?" this Bill provides a good example of it, because while it went through the Commons in a matter of an hour or so, we have given it detailed consideration and, importantly, the Ministers responsible have looked industry detail and with sympathy at the points that have been made. So I make those points first I want to make a couple of points, in particular about Amendment 4. Some noble Lords will remember that I was David Cameron’s envoy to the trade union movement. I know a bit about it because I have been a member since the age of 16. Now the first thing about Amendment 4 is that, of course, there are very few trade unionists in the catering industry. The second point I should like to make about it is that this is Labour virtue signalling. There are plenty of trade unionists who support the Conservative Party. Indeed, in the union of which I am president, BALPA, the majority voted Conservative at the last election. Many trade unionists vote for the SNP, Plaid Cymru, the Liberal Democrats and, in particular, for the Green Party—so what we have here is very much a bit of Labour special pleading On that, I am always pleased to hear Churchill being quoted by the noble Lord, Lord Hendy, and I would remind the noble Lord, Lord Monks, that I believe he was working for the TUC when it turned down the proposals of the Bullock committee to consult unions and have them on the board. So let us have a bit of remembrance. And let us also remember that Labour has decided not to support any Divisions on this Bill. So it is worth remembering when it starts asking, "Can this be done or can it not be done?" that it will not be supporting anything to the point of a Division I make all of those points because I would ask the Minister to acknowledge in his summing-up that co-operation is needed from all groups in society, including responsible trade unionists. I am sure that they will be happy to co-operate, whether they are trade unionists or just workers in the catering industry. I look on this amendment as a partisan one that does not add to the Bill; it is so that a group of people can go and wave at the TUC I note that the noble Lord, Lord Adonis, is set to follow me. I will just tell him that on one occasion when David Cameron met a leading member of the TUC General Council, he asked, "Apart from the national minimum wage, which we are not going to abolish, which piece of pro-union legislation that the Blair Government passed are you worried that we might repeal?" The answer was total silence. So let us not have too many lectures about what Labour is going to do for trade unions until some future date when it may even have done something.
Business and Planning Bill — House of Lords, 2020-07-20
Topic: Government Operations
Timothy Kirkhope (Conservative, Centre-right): My Lords, I refer to government Amendments 58, 65, 78 and 81, as well as to other amendments related to them. This takes me back to law school and the two greatest challenges I encountered there. The first was in the field of equity. We had a phrase in the legal profession: "Equity varies with the length of the Chancellor’s foot." Yet it was—and still is—a vital and valuable area in which fairness can be administered in the application of the law in England and Wales The second element was the word "reasonable". I spent much time then, as I have again now, rereading some of the judgments, particularly those of a lawyer I greatly respect—the late Lord Denning—who talked about reasonableness and the interpretation of "reasonable". It is a minefield, particularly in an area of legislation such as this. I think the noble Lord, Lord Carlile, was so right in what he said a little while ago in this debate: dealing with the word "reasonable" in terms of the Minister’s powers to extend the provisions opens up a challenge—which I hope will not happen because in general this legislation is not only necessary but, in the main, well drawn I recognise the activities of the Delegated Powers and Regulatory Reform Committee in what it said. It supported—as shown by the letter we received from my noble friend Lord Howe earlier today—the wording of the various government amendments here, with the word "reasonable" used in terms of ministerial activity. However, as the noble Lord, Lord Beith, said, the Constitution Committee came out quite clearly with wording not dissimilar to that used by the noble Lord, Lord Stevenson. The advantage of that wording is simply this: talking of necessity, and introducing necessity and appropriateness into a decision taken by a Minister who wishes to extend, makes the legislation less vulnerable to challenge I hope that, even at this late stage, my noble friend the Minister will consider looking at those words, which again came from the Public Bill Office as well as from our Constitution Committee, and making those changes to give the Bill a real prospect of being unchallenged—either in its temporary form or in any extended form that might be regarded as necessary and desirable.
Business and Planning Bill — House of Lords, 2020-07-20
Topic: Law and Crime
Mohamed Sheikh (Conservative, Centre-right): My Lords, I was due to speak on Amendment 27, which restricted the times of alcohol sales off the premises, and after the timely intervention of my noble friend Lady Williams the matter was dropped. I therefore support Amendment 44 and agree with restricting off-sales to 11 pm Although we are allowing off-sales, they must be controlled to avoid crime, disorder and disruption. I realise that under Section 76 of the Anti-social Behaviour, Crime and Policing Act 2014, the police can issue an immediate closure notice to any premises if there are "reasonable grounds" to believe "that the use of particular premises has resulted, or … is likely … to result" in problems of crime, disorder or disruption Having said this, we must take into account areas with clusters of licensed premises in certain parts of London and elsewhere. Four local authorities have over 37% of all licensed premises in London, and there are similar situations in other cities and towns. The point to emphasise is that crime, disorder and nuisance cannot be associated with any particular premises, and therefore the powers to issue closure notices would be difficult to exercise in view of the cluster of licensed premises. I am therefore sure that the police and local authorities will welcome the restrictions set out in Amendment 44 If we do not restrict the hours of alcohol sales, as proposed by Amendment 44, it will allow people who have already had a lot to drink to take alcohol away with them, drink in the streets and cause problems in the neighbourhood at night. It will also enable people to have late parties in their home or garden, causing nuisance and disturbances to their neighbours In regard to the amendment tabled by the noble Lord, Lord Paddick, although I supported his similar amendment in Committee, I am unable to support Amendment 40 because I do not see that it will do anything. I cannot see there being a problem.
Business and Planning Bill — House of Lords, 2020-07-20
Topic: Macroeconomics
Frederick Richard Penn Curzon (Conservative, Centre-right): My Lords, this Bill has passed through your Lordships’ House at greater than usual speed, and all noble Lords understand the reasons for treating it with such urgency. I am grateful to all noble Lords for their constructive engagement with the Bill and for raising many important topics. I hope that your Lordships will agree that the Government have considered and responded to the concerns of noble Lords and have made suitable changes to provisions where appropriate. We have had good debates and the Bill is now in a much better form than it was when it entered your Lordships’ House I thank the other members of the ministerial team: my noble friends Lady Penn, Lord Greenhalgh, Lady Williams and Lady Vere. I congratulate especially my noble friend Lord Greenhalgh, who made his first Second Reading speech when introducing the Bill to the House. As my noble friend said in that speech, the Bill supports businesses in four key areas of the economy. It has been a pleasure to work with this team on such a wide-ranging set of measures I also extend my appreciation to the Front-Bench spokesmen and spokeswomen on the Benches opposite —for the Liberal Democrats, the noble Baronesses, Lady Pinnock, Lady Doocey, Lady Northover and Lady Kramer, and the noble Lords, Lord Shipley, Lord Addington and Lord Paddick; and for the Official Opposition, the noble Lords, Lord Tunnicliffe, Lord Stevenson and Lord Kennedy, and the noble Baroness, Lady Wilcox—whose constructive and consensual approach has ensured that the Bill is fit for its intended purpose Once again, I extend my thanks to all noble Lords throughout the House for scrutinising the Bill with such care, and for their constructive engagement. The Bill is needed urgently, before the summer, so that its provisions can reach their full potential. I hope, therefore, that the other place will promptly accept the amendments we have passed so that the Bill can come into force without delay. I beg to move.
United Kingdom Internal Market Bill — House of Lords, 2020-10-28
Topic: Law and Crime
Anne McIntosh (Conservative, Centre-right): My Lords, I am struggling to understand the Minister’s reply on Amendments 26 and 45. I am particularly concerned about Amendment 26, which is a probing amendment and simply asks for greater clarity, which I do not think we have had. Is he saying that the statutory requirement has no effect? Does he mean that it is valid or not? Is it enforceable? I am trying to avoid a situation where there is any doubt whatever, and court action might be taken. I do not quite understand his answer that the possibility of court action is excluded if, in the view of others, a statutory requirement has effect and could, therefore, be actionable.
United Kingdom Internal Market Bill — House of Lords, 2020-10-28
Topic: Government Operations
Anne McIntosh (Conservative, Centre-right): My Lords, I welcome this opportunity to agree with what has been said by previous speakers, and particularly thank those who have contributed to this debate through the 24th report of the Delegated Powers and Regulatory Reform Committee, and the noble Lord, Lord Fox, and the noble Baroness, Lady Andrews, for putting into effect the conclusions of that report. The report is indeed striking in its conclusions, and in particular in the power of the language used. I think students of constitutional law will be watching these deliberations very closely to see whether this is a new trend on the part of the Government or a one-off My understanding is that the Bill is in large measure to deal with the political fallout of the Government agreeing to the EU withdrawal agreement and the Northern Ireland protocol. Perhaps I am wrong, but that is my understanding. My further understanding is that, when Parliament agrees to delegate powers to the Executive, it does so on the strict understanding that the Government will act on behalf of Parliament with respect for the rule of law and parliamentary democracy. Clearly, in all five parts of the Bill, this is stretched to breaking point. As has been said, the reliance in the Bill on the sweeping Henry VIII clauses is breath-taking. So I entirely echo what has been said by previous speakers and find that I have great sympathy with the amendments.
United Kingdom Internal Market Bill — House of Lords, 2020-10-28
Topic: International Affairs
Martin Callanan (Conservative, Centre-right): My Lords, I have a sense of déjà vu about this debate. The noble Lord, Lord Liddle, will well remember our debates on the EU (Withdrawal) Bill. These amendments relate to delegated powers included in Parts 1, 2 and 5 of this Bill. I should probably decline the kind opportunity afforded to me by the noble Lord, Lord Thomas, to comment on the parentage of Henry VIII, apart from saying that the noble Baroness, Lady Bloomfield, who is an expert on all these matters, tells me that his parents were Henry VII and Elizabeth of York—officially, at least I should say in answer to the noble and learned Lord, Lord Hope of Craighead, and his comments on the Sewel convention that the Government are fully committed to that convention and its associated practices for seeking consent. These powers are purely there to ensure that the legislation works properly and is future proof. There is no intention whatever to use the powers to avoid Sewel processes I should like to take this chance to emphasise the importance of these powers for the ongoing dynamism of our internal market, and to emphasise that the Government will not take lightly their responsibility in administering these powers. I am of course listening carefully to what your Lordships say but it is important for me to explain how we intend to use these powers The Bill aims to ensure a smooth transition for businesses as they are no longer subject to EU constraints. However, we recognise that this is an ambitious new system and the Government want to make sure that it works as well as possible for businesses and for devolved Administrations. As the system embeds in the functioning of law and trade, we will of course be monitoring this. We will speak to stakeholders and devolved Administrations to ensure that it works as well as possible within our constitutional framework. Where it does not, the Government need to be able to make necessary amendments to the system for the benefit of all parts of the UK. In line with normal arrangements for secondary legislation covering devolved matters, we will of course engage with the devolved Administrations in the spirit of the devolution memorandum of understanding. This system has worked well for 20 years and continues to do so.
United Kingdom Internal Market Bill — House of Lords, 2020-10-28
Topic: Government Operations
Anne McIntosh (Conservative, Centre-right): My Lords, I am grateful to have this opportunity to speak to these amendments, which in large measure refer to the possibility of introducing the super-affirmative resolution procedure in the parts of the Bill where it is deemed most necessary. Again, I thank the Law Society of Scotland for briefing me so well and for assisting me in drafting these amendments for our consideration Paragraph 31.14 of Erskine May states: "The super-affirmative procedure has been implemented in enactments where an exceptionally high degree of scrutiny is thought appropriate, for instance, for the scrutiny of certain items of delegated legislation made, or proposed to be made, under ‘Henry VIII’ powers. Sometimes it is the only procedure available and sometimes the responsible Minister is given a choice of order-making powers that includes the procedure, a choice that can be constrained at a preliminary stage by either House." I remind noble Lords that the super-affirmative procedure provides both Houses with opportunities to comment on proposals for secondary legislation and to recommend amendments before orders for affirmative approval are brought forward in their final form. It is important to note that the power to amend the proposed instrument remains with the Minister.
United Kingdom Internal Market Bill — House of Lords, 2020-10-28
Topic: Foreign Trade
Anne McIntosh (Conservative, Centre-right): I thank all noble Lords who have spoken in this debate. I was grateful for the opportunity to probe the extent to which this procedure of super-affirmative resolution may be more appropriate My noble friend Lord Naseby might not think that this is a matter of life and death, but if you are dealing with perishable goods—particularly animals and their movement over what will be internal borders—that might be the case. I part company with my noble friend on the EU-Japan agreement; it actually does not go that far. My understanding is that what was heralded as a bigger market for cheese, which will be very welcome, relies on the EU allowing us to use what is left of its quota that it does not wish to use. It is the leftovers—the crumbs under the table. It could be very helpful to our cheese producers, but it is not quite as straightforward as one might first think.
United Kingdom Internal Market Bill — House of Lords, 2020-10-28
Topic: Government Operations
Anne McIntosh (Conservative, Centre-right): My Lords, I am delighted to speak to a number of amendments in my name but also to lend my support to Amendment 16, which I have co-signed, in the name of the noble Baroness, Lady Hayter of Kentish Town. It is essential that we seek the consent of the devolved Administrations in these circumstances, rather than just simply consult, for the reasons the noble Lord, Lord German, gave in moving his Amendment 15 and those alluded to by the noble Lord, Lord Thomas of Gresford, in the earlier debate. I hope that the Government and my noble friend the Minister will look favourably on the request that we should seek the consent of the devolved Administrations Again, I am grateful to the Law Society for its drafting of and briefing on the amendments I have put forward. In Amendments 17 and 31, I am seeking greater transparency and inviting the Secretary of State to publish the results of the consultation and give reasons for any decision reached I pray in aid the conclusions of the Constitution Committee report on the Bill, at paragraphs 76 to 79, which criticise the powers set out in Clause 3(8) in particular. Paragraph 78 states the following: "The Government should explain how the consultation process for amending the relevant requirements for goods would work and how disputes would be resolved." At paragraph 79, it says: "We agree with the DPRRC that the power in clause 3(8) has not been justified and should be removed from the Bill." I seek to oblige the Secretary of State to consult the devolved Administrations but also to go further and make public, in the interests of transparency, the results of the consultation and the reasons for any decision taken on the basis of that consultation Similarly, my Amendment 42, asks for consultation with the devolved Administrations in a host of circumstances, before, as my explanatory statement refers to, "amending the list of legitimate aims." Amendment 43 says that, in relation to Clause 8: "The Secretary of State must publish the results of the consultation and give reasons for any decision reached." Amendment 49 seeks consultation with the devolved Administrations before amending Schedule 1. Amendment 62 seeks consultation with the devolved Administrations before preparing guidance under Clause 12. Amendment 65 is a consequential amendment. Amendment 75 seeks that consultation be sought with the devolved Administrations before amending Schedule 2 Finally, Amendment 100 seeks consultation with the devolved Administrations before the definition of "legitimate aim" in Clause 26 is amended. I refer here to both the definition of "legitimate aim" being amended and to the guidance having earlier been published. With those remarks, I urge my noble friend and the House to look favourably on these amendments.
United Kingdom Internal Market Bill — House of Lords, 2020-10-28
Topic: Government Operations
Michael Morris (Conservative, Centre-right): I thank my noble and learned friend Lord Mackay. He certainly has a very practical sense of the law, which not all lawyers have. He is right: it is an internal market; the relationships between England, Scotland, Wales and Northern Ireland are usually very close and we all have a common cause, perhaps not in rugby, but in most things. Nevertheless, I repeat that the words used in the Bill are pretty strong. It does not say that, in making regulations, the Secretary of State "may" or "should", as we see occasionally in law; it uses the word "must", which is a strong word. He "must consult"; there is no option. That is quite right—absolutely right, but we need to remember what "consult" means It is not a soft verb. Its component parts, in my view, involve seeking out information or advice, depending on the subject matter. It means doing one’s best to find out what the views are, to have an interchange and to take into consideration all aspects of the particular action proposed. It is not a dictatorship or anything like that, and I would not believe that any Secretary of State, of any Government, would view it that way. I personally think it is as strong as it needs to be. The addition of "obtain the consent of" in place of "consult" is a threat; there are no two ways about it. When I was in local government and the leader of a local authority, if I had had some legislation in front of me that said, "You have to obtain our consent", I would dig my heels in. Do not bother about the other 31 local authorities in London—just dig your heels in and that will foul it all up That is not what this is all about, so I am not in favour of Amendment 15. I think, though, that the noble Lord, Lord Hain, and my noble and learned friend Lord Mackay have taken the argument a bit further. The noble Lord, Lord Hain, was talking about a qualified majority, when one part of the nation dug its heels in for some reason, and maybe we should look at that. My noble and learned friend Lord Mackay put forward how Parliament might be brought in at a higher level in something that was particularly difficult. There is merit in looking at both aspects, but I just think the amendment before us, Amendment 15, is over the top.