argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Government Operations
Patrick Cormack (Conservative, Centre-right): My Lords, I was very glad to add my name to the amendment and the others in this group. I am sure that I speak on behalf of many Members of your Lordships’ House in thanking the noble Lord, Lord Lisvane, for moving the amendment so concisely and convincingly I suggest that is it necessary that we pass the amendment. Whichever side of the Brexit argument one is on—the noble Lord, Lord Lisvane, has already touched on this point—one can still believe that it is of fundamental importance that the powers of Ministers should be contained in a sensible and democratic manner by Parliament. Ministers are answerable to Parliament for all that they do, and they should not be able capriciously to decide what is appropriate and what is not The word "appropriate" is itself extremely unsatisfactory. It may well be that no one in your Lordships’ House has any doubt about the way in which Ministers in the present Government would behave—that we can trust them implicitly to exercise judgment and discernment in all issues, just as my noble friend Lord Hailsham did when he was a Minister—and by Jove he needed containing from time to time, as he readily admits Seriously, this amendment places no real obstacle in the way of any self-respecting Minister. We were reminded in Committee that we are dealing with well over 100 individuals. It means that he or she will act with regard to what is necessary and not to a subjective analysis, as far as the Minister is concerned, of what is appropriate. If agreed by your Lordships’ House, the amendment will not in any way inhibit the overall desires of those who are passionate for Brexit. Nor will it particularly advance the cause of those, like me, who are very sceptical about the benefits of Brexit. What it will do is make every Minister—all 100-plus of them—if given the opportunity to make an executive decision, examine with precision and be able to justify that his or her decision is governed by that word, "necessary". I hope that we will have a brief debate and a conclusive outcome—unless my noble friend rescinds his nodding of a few minutes ago and accepts, as he should, the impeccable logic of the amendment.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Government Operations
Roger Bootle-Wilbraham (Conservative, Centre-right): My Lords, I have never been a self-respecting MP, nor am I ever likely to be one. The amendment would leave us in total limbo. The noble Lord, Lord Lisvane, in introducing it, made reference to the phrase: "A Minister of the Crown may by regulations make" He needs, in this amendment, to change the emphasis on the reason for which he does it. Unfortunately, the amendment would leave out the role of the Minister of the Crown. It is Ministers the Crown who make regulations. They always have and presumably always will. Therefore, who will make these regulations under whatever auspices? How is this supposed to work and improve the Bill?
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: International Affairs
James Bridges (Conservative, Centre-right): My Lords, I make a small contribution, having been at the birth of the Bill—if one can be a midwife to a Bill. I always saw the purpose of the Bill as delivering the orderly withdrawal of this country from the European Union and ensuring that we have a coherent statute book on the day we leave. I do not want to detain your Lordships, but as I said at Second Reading and as I still believe, it is imperative that we get the balance right between the powers of the Executive and parliamentary sovereignty. As the noble Lord, Lord Lisvane, so rightly said and others have commented, if we take the view that the referendum vote was about Parliament taking back control, it hardly seems right that excessive control be given to Ministers of the Crown. I had many misgivings about this issue, and I am most grateful to noble Lords, including the noble Lord, Lord Lisvane, for sparing the time to talk to me about it. I have considered it. Your Lordships need to consider it in the round—the round being all the other limitations that currently exist on Ministers—and, most importantly, the amendment my noble friend the Minister is making to this point, which I believe addresses many of the concerns. All I ask your Lordships at this point is to consider this: are the Government acting in a reasonable way to ensure they have the powers necessary to deliver a smooth and orderly Brexit? That is the simple question in my mind. I believe that the Minister has moved enough and that he should be given our support. I completely understand the views of the noble Lord, Lord Lisvane, and my noble friend Lord Cormack on this point. I fear we just differ now on how far the Government have moved.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Government Operations
Martin Callanan (Conservative, Centre-right): I think I have addressed that in my remarks, but I have some more comments to make which I think will address the noble Lord’s concerns However, as we have said throughout the passage of this legislation, we will give due consideration to all amendments that do not undermine the fundamental operation of the Bill. That is why we have accepted the recommendation of the Constitution Committee and tabled government amendments to ensure that, where the powers in Clauses 7(1), 9 or 17(1) are used, a statement must be made as to why there are good reasons for the instrument and the provision made is a reasonable course of action. Of course, we are going further with Clause 8 and propose to remove it from the Bill in its entirety. These amendments will be dealt with in a later grouping on Schedule 7, but they are key to set the context of this debate. They demonstrate the Government’s willingness to accept additional scrutiny if that scrutiny is appropriate.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Government Operations
Martin Callanan (Conservative, Centre-right): The powers in this Bill cannot be exercised by civil servants; it has to be Ministers who make the decisions. We have said on a number of occasions that defining a policy change is quite hard. A pure correction can involve a slight policy choice—for instance, whether to designate one agency or another. It can still be a technical correction but it is a policy choice about what to do. But we are clear that we are not trying to make substantive policy choices through this secondary legislation power I will refrain from making the full case for the government amendments as they are not on the Marshalled List today, but I will quote the Constitution Committee in justifying our position. It said that such amendments, "will require explanations to be given for the use of the power which can be scrutinised by Parliament. It will also provide a meaningful benchmark against which use of the power may be tested judicially. In this way, the Government can secure the flexible delegated powers it requires while Parliament will have a proper explanation and justification of their use that it can scrutinise" That, to me, sounds like a sensible solution Before I finish, let me add the words of the noble Lord, Lord Pannick, who I am sorry to see is not in his place.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Law and Crime
Martin Callanan (Conservative, Centre-right): I do apologise; he is behind the Bar, so he is not quite in his place. I hope he will not mind if I quote him. When comparable amendments were added by the Government to the Sanctions and Anti-Money Laundering Bill, and when speaking in support of government Amendment 9, to which he signed his name, he stated: "I am satisfied that this will impose a real discipline on the Minister, backed up of course by the prospect of judicial review".—[Official Report, 15/1/18; col. 439.] That amendment passed without a Division—and I am sure the noble Lord will be supporting us in the Division tonight I know that I have offered new information in my speech today. In doing so, I hope that I have demonstrated that this is not simply a case of risk-averse Ministers erring on the side of caution. I can say with complete sincerity that the amendments on the Marshalled List today would necessitate a significant review of our secondary legislation programme and would surely lead to worse outcomes. In this, I agree with the noble Baroness, Lady Falkner. To avoid such a situation, I hope that the noble Lord will agree to withdraw his amendment. If, however, as I suspect, he wishes to test the will of the House, I suggest that he do so now, as this is not an issue the Government intend to return to at Third Reading.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Government Operations
Martin Callanan (Conservative, Centre-right): My Lords, I am grateful to all noble Lords who have contributed to this debate. There were relatively few but I thank them and I hope these amendments satisfy the concerns that have been previously raised in the many discussions I have had with noble Lords about this matter. It is proof that, despite the accusations that have been made, we are listening and will respond appropriately if we deem something to be necessary and it improves the legislation, which on this occasion we do I am not going to comment on every press article. Precise recruitment criteria are set down for these posts. I am sure that those criteria will be followed and that all appointments will be made on merit I hope noble Lords welcome the reassurance that these amendments provide and recognise that this reflects the sincerity of the Government’s commitment to narrowing the scope of the powers wherever practicable without compromising the purpose of the Bill.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Macroeconomics
Martin Callanan (Conservative, Centre-right): My Lords, it is my pleasure to lead on this group of amendments. They are simple, short and, I hope, demonstrate again that the Government are listening to debate in the House The Government’s clear intention has been to make bespoke provision in relation to all financial matters in the Bill. It was introduced with a specific power to make provision in relation to fees and charges in Schedule 4. I know that that power is not without controversy and we shall debate it in full later on Report The powers in clause 7(1) and (9) could never, even if it were appropriate to remedying a deficiency or implementing the withdrawal agreement, make provision for a charge, as such measures contain an element of taxation prohibited in the exercise of these powers. That distinction is the distinguishing feature of a charge and why, at the time of our accession to the EU, specific provision for charges was included in the Finance Act 1973. The Government are tabling these amendments to prohibit the powers in Clause 7(1) and (9) from imposing or increasing fees, so as to provide clarity on the distinct purposes of these powers and those in Schedule 4 The powers in Clause 7(1) and (9) will still be able to repeal fees regimes that are no longer needed, reduce fees and make amendments to pre-exit powers to provide for fees and charges. An example would be correcting a deficiency in an existing fee-setting power, such as a reference to a directive which is no longer appropriate. They will not, however, be able to impose or increase a fee or charge themselves These amendments respond to amendments and questions which were raised in debate in Committee. As I have said, we have reflected on this and taken steps to ensure that the stringent scrutiny provisions we are applying to Schedule 4 cannot be circumvented. This was never our plan but I can feel the mood of the House and I know that the word of a Minister only goes so far. I hope that these amendments demonstrate that we are keen to put questions beyond doubt where we can. I beg to move.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Government Operations
Martin Callanan (Conservative, Centre-right): I thank the noble Lords, Lord Beith and Lord Griffiths, for their contributions to this short debate. These are important amendments and they reflect important progress. It has never been the Government’s intention to use the correcting power to change our devolution settlements, and I hope noble Lords will agree that the amendments put the matter beyond doubt. I hope they welcome the reassurance that the amendments provide and recognise that this reflects the sincerity of the Government’s commitment to the devolution statutes.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Agriculture
Robin Granville Hodgson (Conservative, Centre-right): My Lords, the noble Lord, Lord Trees, has introduced the amendment in his characteristically persuasive manner. He has an exemplary record in the area of animal welfare. As a senior veterinary surgeon, he has enormous professional knowledge and, above all, personal courage in being prepared to speak up about what are often controversial matters. I have had the privilege of working with him on a number of areas of welfare: the welfare of animals at the time of killing, or WATOK, regulations; meat labelling; the export of live animals and so forth. Therefore, I like to think that my commitment to an appropriate standard of animal welfare is not in question, and I believe that a reading of Hansard would show that However, as I have told the noble Lord, I am afraid that I cannot support him this evening. We are discussing the European Union (Withdrawal) Bill, which is focused on the process of disentangling this country from the European Union, not on the shape of policy post Brexit. Special issues such as animal sentience, important and vital though they are, are not really part of that withdrawal process. However, I can promise the noble Lord that when we come to discuss animal sentience and welfare in legislation focused on the policies of the new world, I shall be right there with him to ensure that there is no diminution, weakening of or sliding away from proper standards of animal welfare. On that, the noble Lord, Lord Trees, can count on my full support. But not, I am afraid, on this amendment this evening.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Agriculture
Sally Oppenheim-Barnes (Conservative, Centre-right): My Lords, I am very sympathetic to this amendment’s aims, and have been ever since we joined the market. It relates to an issue that was one of my strongest concerns when making up my mind to vote against going in in the first place, which I did: the question of all the animal welfare measures, little and big, and the worst measure of all, which sees animals waiting overnight and longer at the docks—for perhaps two or three days—without any care. That alone would be good enough to make me Brexit for life, if I was not already. This debate allows me to bring to the cause a little good news. I understand that the animals which were being held at the ports because they had to be delivered alive in France have now been given help. The local animal welfare departments have removed them from the ports and are giving them water and food while they wait. That is only a small thing, but it is important and it is taking the lead I too am concerned about the judicial review. I do not want to see the whole issue bound up by complicated legal matters when the kind of thing that is necessary is available in a much less complicated way—and because it is less complicated, it is easier to police and to maintain. I hope that those moving this amendment, with whom I have great sympathy, will look again at these provisions. I want us to get this right. I do not want us to regret it. When the time comes, I want us to be able to say of this big achievement that what we have done is acceptable, enforceable and very badly needed.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Agriculture
James Peter Hymers Mackay (Conservative, Centre-right): My Lords, the subject of animals is an extremely important one and I have great sympathy with the spirit behind both the amendments in this group. However, this subject needs to be properly dealt with in a statute of the United Kingdom. I know that criticism has been made of the attempts so far, but there is always room for improvement, and constructive suggestions have been liberally made in the consultations. As far as I am concerned, it would be much better to have a good United Kingdom statute for these animals than to try to do it through adapting part of an EU treaty The technical question of judicial review is quite difficult. I am not sure just how crucial it is to the amendment from the noble Lord, Lord Trees, but, years back, skilful Lords of Appeal—Lord Reid, a Scottish judge, and Lord Wilberforce from this jurisdiction—developed a theory that makes it next to impossible to prevent judicial review in an Act of Parliament. They did so by saying that what Parliament has protected is the judgment that is supposed to be come to, but, if the judgment that is come to has been falsified by some mistake or lack of proper process, then it is not a judgment protected by these provisions—Anisminic was the case. As was said by the noble and learned Lords, Lord Hope and Lord Judge, at the end of a long process, the attempt to restrict judicial review was eventually torpedoed by these judges, with support of course. It is for that reason that the Government decided some considerable time ago not to put such protected clauses into legislation, because it is apt to mislead the public—they think that these clauses are, at face value, worth while, but when Lord Reid and Lord Wilberforce got on to them, they were not worth the paper they were written on.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Agriculture
Hazel Byford (Conservative, Centre-right): My Lords, I will speak briefly to these amendments. I am one of perhaps three or four people in the Chamber today who took through the original Animal Welfare Act 2006, so I am supportive of anything we can do to make sure that animal welfare is top of the agenda. As an associate member of the BVA and the royal college, and as somebody who has had animals on the farm, this is a key interest of mine I have talked often with the noble Lord, Lord Trees, about the fact that although I am 100% behind what he is trying to do, I am not sure in my mind that this amendment is the right vehicle. I apologise if that is a disappointment to him. I am grateful for the observations of the noble and learned Lords, which were above the understanding I had before the debate started. It is very clear that the Government have tried to rectify a problem that was raised in the House of Commons by bringing forward a draft Bill. I think they realise, in hindsight, that that Bill is not sufficient to do what they wish it to. As others have said, it is quite difficult to deal with this on Report because we have to wait and then we cannot come back. However, I am hopeful that the Minister will be able to give us much greater clarification than we have had up to now as to the Government’s thinking about where we stand. While we are not fully behind the wording of the amendment, I hope no one thinks that we in any way do not believe in the full commitment we should have to animal welfare. Although I have no idea what the Minister is going to say, I hope he will bring us up to date on where we are and what the Government’s thinking is I say to my good friend the noble Lord, Lord Trees, and others that I am grateful to them for bringing forward this amendment. It has given the House another chance to reflect on an issue that some people might think is not important but which, I say to my noble friend the Minister, is hugely important. I hope his words will give greater resolve to those of us who wish to see this welfare issue taken forward in a meaningful way.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Foreign Trade
Anne McIntosh (Conservative, Centre-right): My Lords, it seems appropriate for me to speak to Amendment 47, in my name and that of the noble Baroness, Lady Smith of Newnham, for the simple reason that government Amendment 47A seeks to remove Clause 8 from the Bill and the purpose of Amendment 47 is to amend Clause 8 by adding the words as printed on the Marshalled List I tabled this amendment for Report because, in my view, my noble friend the Minister’s response in Committee lacked clarity. Since then, of course, we have had a vote on an amendment requesting that the Government negotiate a customs arrangement, which was agreed in this House by a substantial majority. Of course, when that amendment goes to the other place it could be rejected, so I would just like to raise a number of issues on Report which will be helpful at Third Reading or in any future altercation between here and the other place if the amendment seeking a customs union does not find favour there On 21 February, my noble friend Lord Callanan explained that, in his view, "the regulations of the EEA will continue during the implementation period. For the period after the implementation period we will seek to negotiate an ongoing relationship with the other three member states of the EEA", and that this approach would mean that, "we seek the continued application of the EEA agreement for the time-limited implementation period to ensure continuity in crucial elements of our trading and non-trading relationship with those three EEA states" The lack of clarity came, I believe, when the Minister went on to say: "Participation in the EEA agreement beyond the implementation period would not work for the UK. It would not deliver on the British people’s desire to have more direct control over decisions that affect their daily lives and it would mean accepting free movement of people … We will instead seek to put in place new arrangements to maintain our relationships with those three countries: Norway, Iceland and Liechtenstein".—[Official Report, 21/2/18; col. 180.]
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: Agriculture
Anne McIntosh (Conservative, Centre-right): The noble Lord has the advantage over me. I was not thinking so much of potato seeds but the fact that the Secretary of State has said that we are to have higher standards of animal hygiene, animal health and animal welfare, which I welcome. That follows on from the little debate we have just had. There will have to be physical checks. There cannot be checks managed by technology, in which case potatoes and their seeds could effectively fall within that category. So the noble Lord has actually made and developed that point very neatly for me In the context of Amendment 47, I urge the Minister to maintain Clause 8 in the Bill and to keep an open mind as regards potential membership of the European Economic Area or applying to join the European Free Trade Association.
European Union (Withdrawal) Bill — House of Lords, 2018-04-25
Topic: International Affairs
Annabel Goldie (Conservative, Centre-right): We are seeking to remain part of the international treaties to which we are party, through negotiation. I will certainly undertake to write to the noble Lord, Lord Kerr, because I have no more information beyond what I have been given and I would be straying into very uncertain territory if I tried to be more specific.