argyrotsipi/train-dataset huggingface dataset:
Domestic Abuse Bill — House of Lords, 2021-01-25
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, of course I will withdraw my amendment at this point. However, before I beg leave to do so I want to say that, as my noble friend Lord Paddick has pointed out, what goes on in society changes from time to time. At the moment it is county lines. We need safeguarding responses—I would not dispute that for a moment—but we need to look at what is available for safeguarding and what helps with prevention. I mentioned orders. I will also mention domestic violence protection notices and particularly—depending on what happens as we consider later amendments to the Bill—statutory community support. I would have thought that that might have a role, but would not be available if we confined the definition to two people over 16. I look on those measures as part of a raft of preventive measures. I will continue to think about this as we proceed through the Bill, as obviously this is not divorced from the rest of the Bill. I am not going to attempt to answer the noble and learned Baroness, who brings a different concern to the same wording. For the moment, I beg leave—
Domestic Abuse Bill — House of Lords, 2021-01-25
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I want to make a general point: the point of speaking after the Minister is to challenge something that she has said. That may be in the very last sentence that she speaks. Therefore, there should be a pause to allow people who want to challenge the Minister to email before we go to the mover of the amendment The Minister says that the perpetrator age should not be less than 16 because the Government want to avoid criminalising children. How is that consistent with the approach that they are taking in the Counter-Terrorism and Sentencing Bill? They want to increase penalties for children under that Bill, but apparently do not want to criminalise children in this.
Domestic Abuse Bill — House of Lords, 2021-01-25
Topic: Law and Crime
Lorely Burt (Liberal Democrats, Centre to centre-left): My Lords, this is such a difficult issue. This afternoon we have heard strong and cogent arguments on both sides. I pay tribute to the noble Baroness, Lady Meyer, for telling her heartrending story Parental alienation exists, if by that we mean that the parent with care seeks to alienate the child from the parent without care. One issue is that there is such a wide range of definitions, as mentioned by my noble friend Lady Brinton. I saw it first-hand as an MP when I was involved with an organisation called the Association of Shared Parenting, formed by parents who were struggling to see their children after separation or divorce. It was based on the premise that most children benefit from contact with both parents, surely something with which no noble Lord in this House would disagree. The Association of Shared Parenting still exists, despite changes in family law, which I would have hoped would save it from needing to exist. Clearly, we need qualified professionals to assess what is going on. The bitterness of a break-up and the reluctance of the parent with care to continue the relationship through the child causes some parents to resist allowing contact by weaponising the child or poisoning their mind That is why I initially added my name to these amendments, but I have since removed it, because I do not believe that this is what we are talking about today. We are talking about cases in the criminal courts, not of divorce settlements necessarily but of domestic abuse. The problem with this amendment, which it took me some time to get my head around, is that the abused parent could actually be painted as the abuser. As Vera Baird, the Victims’ Commissioner for England and Wales, who has been quoted more than once already today, says: "It puts victims of domestic abuse into the ridiculous position where, if they raise their abuse in the family courts, however well they have actually behaved, that can trigger unfounded allegations of parental alienation that could result in their children being placed with the abuser." She continues: "This attempt to turn the fact that the perpetrator has terrified their partner into a destructive criticism of that partner is typical coercive controlling behaviour." My noble friend Lady Brinton and the noble Baronesses, Lady Helic and Lady Newlove, the former Victims’ Commissioner, are absolutely right. With sympathy to all parents suffering the anguish of break-up, the interests of the child must be paramount. I do not envy the task of the family courts in resolving these cases. We must rely on properly trained experts to decide. On balance, I believe that allowing Amendments 2 and 4 would do more harm than good to victims and dilute the definition of domestic abuse in this Bill.
Domestic Abuse Bill — House of Lords, 2021-01-25
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, Amendment 13, in my name and that of my noble friend Lord Paddick, does not seek to broaden or narrow the amendment to which the noble Baroness, Lady Wilcox, has spoken, but rather to understand what is meant by "live independently" in the context of carers. The term "independent living" is a familiar one, but I do not know whether that is quite what is intended here. Needing support to live in one’s home, which I regard as hugely important, does not to me feel like independence. The relationship is very much about dependence, or trust, which was the term used by the noble Baroness, Lady Grey-Thompson. That is the extent of the reason for Amendment 13, but I am glad to be able to comment on some of the other amendments in this group The noble and learned Baroness, Lady Butler-Sloss, and the noble Lord, Lord Randall, have identified a number of significant situations. The noble and learned Baroness described situations, in the plural, as she carefully explained, relating to forced marriage, which came over vividly. She has an amendment about guardians, a term that has expanded beyond its original technical meaning. She and I have often been involved in discussions about the needs of children who have been trafficked where guardianship has featured. I would never challenge the noble and learned Baroness and I have not done my homework, so I hope that she will forgive me, but I wonder whether a guardian has parental responsibility and, if so, whether that would cover the situation The noble and learned Baroness and I have also been involved in many debates about domestic servitude and I would be interested to know what is sought to be achieved by, and the consequences of, Amendment 9 beyond identifying behaviour already criminalised under the Modern Slavery Act. Is it something about protection or prevention In Amendment 14, the noble and learned Baroness points out a lifestyle that may not be covered. Its significance lies in Clause 3, which relates to children as what I wrote down as "collateral damage", a term that I am slightly embarrassed to use, but noble Lords will understand what I mean. I had at one point wondered about lodgers who are in the same household, but I decided not to pursue that. I was going to ask the noble and learned Baroness what she envisaged as a consequence of that amendment, but I think that she has explained it. It is certainly partly the need for greater awareness on the part of the authorities to the situation of those in domestic servitude to whom she has referred.
Domestic Abuse Bill — House of Lords, 2021-01-25
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, with this group, which comprises Amendments 16 to 19, we turn to the role of the domestic abuse commissioner. I do not want to delay the commissioner-designate being able to drop that suffix—it is a bit tempting to refer to her as "elect", but that is just what she cannot be At Second Reading I referred to the commissioner-designate’s energy and how much she and her team have managed to do without statutory backing. I was surprised to discover that the appointment is on a four days a week basis. That is the formal appointment, at any rate; it must be a challenge to keep to four days, if she does. I have not discussed this with Nicole Jacobs, and I must make it clear that this comes out of my head and is not something she has suggested. I suspect that she is far too professional to have done so in any event. I also suspect that she does not watch the clock. She would say that she knew what she was applying for; I would say that not making it a full-time appointment is mean-minded and gives a message about whether the Government regard the commissioner’s role and work to be as serious as it is. That is certainly not what they want to project The noble Earl, Lord Lytton, who has had to withdraw from the debate, emailed me when he did so to explain that something had come up that would need his attention. He had previously emailed me to say that he very much agreed with this amendment Turning to Amendment 17, the Independent Anti-Slavery Commissioner has the word "independent" in her title and so did her predecessor, because that is in the Modern Slavery Act 2015. Personnel change and so can attitudes to the role on the part of the Home Secretary. The postholder can obviously change; people move on There has not been the same concern as during the passage of the Modern Slavery Act to designate —if I can use that term without it being confusing when used as a verb—the commissioner as independent through the means of the title. Whether that is because the various commissioners over the last few years are all spirited and clearly their own persons, I do not know, but titles are significant. Third parties would be justified in questioning the independence of a postholder so dependent on the Secretary of State as Clause 6 makes her Amendments 18 and 19, in my name and that of my noble friend, together amount to the right for the commissioner to appoint her or his own staff. Again, I point to the Modern Slavery Act, under which Section 40 provides that the commissioner may appoint staff—no more, no less. The commissioner will be restricted as to the numbers of staff and their salary levels, because their appointments will all have to be within a budget set by the Secretary of State. However thorough and sensitive the consultation may be when the Secretary of State appoints staff, we believe that the commissioner should be in charge and should be seen to be in charge.
Uber: Supreme Court Ruling — House of Lords, 2021-03-01
Topic: Labor
Matthew Owen John Taylor (Liberal Democrats, Centre to centre-left): My Lords, the Minister will be aware that Uber has made statements suggesting that it believes that the ruling is limited only to a handful of individuals and that subsequent changes mean that it will not apply to current staff—but that is not the advice that others are giving. HMRC has statutory responsibility for enforcement of the minimum wage, and it can take action either on its own initiative or in response to complaints made online. If enforcement action is taken by HMRC, then it will be for Uber to prove that it has complied with its obligations, and the two-year limit on claims will not apply. Is HMRC expected to take that action, and is government encouraging it to do so?
Education Return and Awarding Qualifications in 2021 — House of Lords, 2021-03-01
Topic: Education
Michael John Storey (Liberal Democrats, Centre to centre-left): My Lords, I thank the Minister for this Statement. The last 12 months have been like a giant wrecking ball for the education of our children. We welcome the reopening of schools and the Covid measures that the Government have put in place, but we have consistently argued that individual schools are best placed to respond to their circumstances. We should give head teachers the flexibility to know how to operate their schools safely We welcome that Sir Kevan Collins will work on the recovery plan, crucially together with teachers, schools and parents. It is important that we get this right. Each child’s circumstances vary enormously. The learning gap has widened. Today, the Education Policy Institute has reported that sixth-form and college students from poorer homes find themselves about three A-level grades behind their more affluent colleagues. A few extra lessons of catch-up will not compensate for a year’s loss of mainstream education. We need a rigorous and far-reaching plan to ensure that nobody is left behind. I am surprised that there is no mention in the Statement either of additional support for the well-being and mental health of children, or of children with special educational needs I turn to this summer’s exams. Thank goodness that there will not be assessment by algorithm. It is right to have teacher assessment. The amount of learning and study that each pupil has been able to access will vary enormously. Teacher assessment is the only fair way to understand individual pupils’ circumstances and learning. Can the Minister confirm that there will be no school league tables of results? Why not use a more broadly based quality assurance model rather than relying on random sampling? I am sure the Minister is concerned about grade inflation. What plans do the Government have to reverse it Finally, how will home-educated children and older adults be assessed for GCSEs and A-levels? I am sorry to spring that question on the Minister. If she does not know the answer, perhaps she could write to me Teachers and support staff have worked flat out to keep school learning on the road. We owe our school staff a huge debt of thanks for their dedication and professionalism.
Education Return and Awarding Qualifications in 2021 — House of Lords, 2021-03-01
Topic: Education
Susan Garden (Liberal Democrats, Centre to centre-left): My Lords, we welcome anything that begins to restore normal educational activity for our young people, who have lost so much in lockdown. The Statement talks of secondary schools’ summer schools. How will these be staffed? Our hard-pressed teachers are exhausted by the demands of virtual teaching. Can we be assured that they will not be required to give up restorative summer holidays to continue to work through the summer on these face-to-face summer schools—but, if not teachers, who?
Education Return and Awarding Qualifications in 2021 — House of Lords, 2021-03-01
Topic: Education
Dominic Hubbard (Liberal Democrats, Centre to centre-left): My Lords, would the Minister agree that, if you are going to do an assessment on work that has been done by people going forward, it is very important that the teachers involved know the patterns of the people they are dealing with. If somebody is dealing with, say, a moderate dyslexic who underperforms in essays et cetera—I remind the House of my declared interests here—they might not be in the best place to make the assessment, given that condition, and this might be carrying on for virtually anybody with a special educational need. The teachers may not have the experience to assess what they will do, and these groups often outperform in exams. Will there be an appeals process that goes forward and takes this on? It is a real problem and, as we get better at identifying it, it is a growing one.
Non-Domestic Rating (Lists) (No. 2) Bill — House of Lords, 2021-03-01
Topic: Macroeconomics
Catherine Bakewell (Liberal Democrats, Centre to centre-left): My Lords, it is a pleasure to follow the noble Lord, Lord Thurlow, and I declare my interest as a vice-president of the LGA. I congratulate the noble Lord, Lord Kennedy of Southwark, on his composite amendment which neatly brings all the issues that have been debated previously into one. During those debates, all the relevant arguments were made, and I speak today in favour of Amendment 1 It is important that there be annual rate revaluation reporting. Business rates reviews cannot be left to drift from year to year, especially as so many businesses are struggling. Keeping a careful watch on how revaluations are affecting businesses is vital to ensuring a healthy economic recovery. Towns and high streets are being decimated by the lockdown, as the noble Lord, Lord Kennedy, said. Some three-quarters of retail outlets are closed and many have been boarded up. Only essential outlets are open: supermarkets, pharmacies, opticians and some DIY stores. As lockdown is gradually released, many shops will, hopefully, reopen, but the effect of business rates may be the last straw. This must be monitored to prevent the total decimation of the high street shopping experience The Association of Convenience Stores has welcomed the Bill and the revaluation date being moved to 1 April 2023. It sees this as a positive step forward but it has several recommendations that would further assist its operation, including a reduction in the burden of business rates by resetting the business rate multipliers to more sustainable levels. The whole issue of NDR is a balancing act between the need of funding local authorities and the economic viability of businesses. Local authority finances are stretched to the limit. Government grants have been radically reduced over the years and many councils now only deliver statutory services and these to the minimum standards permitted. It is not that councils do not wish to provide those vital services which communities rely on, such as grants, improved play areas, adequate and dignified social care, after-school clubs et cetera; it is the sad, realistic fact that they no longer have the finance to do this.
National Minimum Wage (Amendment) Regulations 2021 — House of Lords, 2021-03-01
Topic: Labor
William Bradshaw (Liberal Democrats, Centre to centre-left): My Lords, I will not follow up the approach of the noble Baroness, Lady Chakrabarti, because I do not think that this is probably the Bill in which to discuss the question of minimum wages being raised by large amounts. What I am concerned about is whether over the last five years the number of inspectors employed to enforce these rules has increased or decreased and what sort of attitude the courts take when people are brought before them. I hope the Minister will reply to me on that and if he cannot do so immediately then in writing. More importantly, a large army of people are being cheated out of the minimum wage by various methods and I certainly agree that if we have a minimum wage it should be something that people can look forward to enjoying. It should be at least a minimum reward for a decent day’s work. Otherwise, I am quite content with the regulations as they are.
Domestic Abuse Bill — House of Lords, 2021-02-03
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): My Lords, first, let me say how grateful I am to the noble Lords who spoke It was interesting to hear my rather dry opening supplemented by the personal experience of the work of the noble Baroness, Lady Bennett of Manor Castle, in courts in Australia. She made the valuable point that, generally speaking, litigants and witnesses are not used to being in court—it is a new experience for them and this adds to their concern, which is of course amplified in the case of vulnerable witnesses and parties. She also gave the interesting and important example of family farms giving rise to very personal disputes, where there is often a background of abuse. I am bound to say that, in my years of practice on the Western Circuit before doing more of what I do now, disputes about family farms were endless. They are to be taken into account. I am grateful to the noble Lord, Lord Rosser, for his support as well The Minister has given a considered response and ultimately made an undertaking to me and others. I am grateful for the way he has dealt with the amendments. However, I am bound to say that nothing I heard from him justifies the distinction to be drawn between the protection afforded in family proceedings and the protection available in civil proceedings. I got the impression that he understands the reasons why we have disputed that distinction I do not accept that a system based on the Civil Procedure Rules for protection in civil proceedings is anything like as good as a system based on statute, as the arrangements in family proceedings will be following this Bill. If a statutory arrangement is good enough for family proceedings and is applicable as appropriate for those, I would suggest that it is appropriate for civil proceedings as well. Nor do I accept that there is a realistic prospect of satellite litigation arising regarding the availability or withholding of special measures. That seems most unrealistic and, in any event, even if it were realistic, it would be no more realistic in a set of measures based on legislation than it would be presently in a set of measures based on the uncertain application of the rules of court. I welcome the Minister’s commitment to further engagement. I regard this as a very important issue, and I will of course speak to him, as no doubt will others, between now and Report in the hope of achieving agreement. I beg leave to withdraw the amendment.
Domestic Abuse Bill — House of Lords, 2021-02-03
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I agree with the comments made by the noble Baroness, Lady Redfern, in a broader context. On the particular issue in this group, I have listened very carefully to the case made by the noble Lord, Lord Rosser, reinforced by the noble Baroness, Lady Newlove. The noble Lord talked about a risk assessment before cross-examination if someone has a history of abuse. Presumably he is referring to somebody with a history of abuse but whose convictions are spent under the Rehabilitation of Offenders Act. The noble Baroness, Lady Newlove, talked about repeat offenders. Repeat offending is very common when it comes to domestic abuse, but I wonder whether a perpetrator with a history of abuse, a repeat offender, is less likely to have spent convictions or cautions The Rehabilitation of Offenders Act is an important piece of legislation that allows offenders to move on from their previous offending, but my understanding is that if a court decides that justice cannot be done without the conviction or caution being taken into account, the court can take account of a spent conviction. This potentially means that a court could prevent cross- examination of a victim of domestic abuse if it decided that a spent conviction or caution was relevant I look forward to hearing the Minister’s understanding of the legislation as it is. We have no objection to the Government’s amendments in this group.