argyrotsipi/train-dataset huggingface dataset:
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, Amendment 35 takes us to the sentencing provisions in the Bill. My noble friends will raise points about sentence inflation, as my noble friend Lord Marks described it at Second Reading. This is for both general and specific offences, including referring to the current sentencing guidelines, which I believe were issued after the terrorist attacks and the consultation on them The Joint Committee on Human Rights commented on Clause 7 and proposed an amendment to leave out subsection (3), which increases the penalty for the collection of information offence from 10 years to 15 years. I regard that to an extent as standing proxy for the other sentence increases, but that is a personal view. The committee reported the Home Office’s comment, saying: "Increased maximum penalties better reflect the increased risk and the seriousness of these offences", in question. The maximum sentences for the offences, which I have mentioned, would increase to 15 years. We were not aware of evidence to suggest that the courts are sentencing to the upper limits of their powers in respect of these offences. Indeed, we took evidence to the contrary. We heard that, recently, the worst Section 58 offenders have received sentences significantly below the 10-year maximum. The Sentencing Council, I understand, reported that between 2011 and 2016, the mean average custodial sentence length, after any reduction for a guilty plea, was three years and four months On Monday, we discussed what we regarded as a lack of clarity regarding the defence of reasonable excuse. That, combined with the increased penalty, may have a particularly chilling effect. We recommended that, "the Home Office provide further evidence as to why they consider the current maximum sentences to be insufficient and how this increase is necessary and proportionate" The Government responded that they, "have seen an increase in low-sophistication terrorist plots which are inspired rather than directed, and in attack operatives who are self-radicalised and self-trained without necessarily having had significant direct contact with terrorist organisations. The division between preliminary terrorist activity and attack planning is increasingly blurred" We did not regard this as an explanation for why existing sentencing powers are inadequate At Second Reading, I mentioned the risk of creating martyrs and those who project themselves as martyrs. Do the Government have any evidence of the deterrent effect of an increase in these particular sentences? In this context, clearly there is not because the increase has not happened yet. What evidence do they have that increasing a sentence from 10 years to 15 years has a deterrent impact? I beg to move.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Law and Crime
Donald Thomas (Liberal Democrats, Centre to centre-left): The guidelines which came into effect on 27 April this year, a few months ago, were arrived at following consultation and a request for comment. They were considered by the Justice Committee in the House of Commons. What is the review to which the noble Earl is referring? What was its date? Was it not before the Sentencing Council at that time I assume that the noble Earl would expect the Sentencing Council to go back to its guidelines in the light of what he has said and the lack of principle to which the noble Lord referred a moment ago, and review the appropriate sentencing. These sentencing guidelines set out six steps for a judge to take before he announces the sentence. They are detailed, categorise the nature of the crime and consider what aggravating or mitigating circumstances there are. There are six steps to getting to a decision. They were all set out on 27 April this year. As the Prime Minister would say, what has changed? Is it the review? If so, what is this review?
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Law and Crime
Donald Thomas (Liberal Democrats, Centre to centre-left): The March press statement was an explanation of the guidelines which were to come into effect on 27 April. It was not looking beyond those guidelines to some future date. Indeed, the noble Earl has not referred to the review that he quoted to us a short time ago—what it is, when it was published and whether it was before the Sentencing Council came to its conclusions. Its March justification for an increase in sentencing power was not for something that might happen now, but because it was increasing the level of sentences with its guidelines in April. What has happened since then?
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Law and Crime
Donald Thomas (Liberal Democrats, Centre to centre-left): It follows from that that the review was prior to the Sentencing Council coming to its decision in March and April of this year, so its members must have had that material before them. Nothing has happened between April and now that would justify this increase. From what the Minister says, I assume that he is expecting the Sentencing Council to double the sentences that it proposed in April—that is the basis of the increase in sentences from seven years to 15 years. That gives more scope for the judge to do justice, and consequently the Minister would be expecting the Sentencing Council to double its sentences.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): I am sorry to keep the Minister on his feet for longer than I am sure he wants. I ask that when the exercise that he has promised is undertaken, he also investigates what evidence there was to justify the sentences. He has mentioned in particular the views of the police and the CPS. Was any evidence taken from any members of the judiciary responsible for sentencing in terrorist cases where they felt that their powers were insufficient under the existing sentences?
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I too had written down not just "timelines" but "evidence to the review". I do not think one can disregard that. The Minister also referred to lower-level offences, which were commented on by the Sentencing Council, but we seem to have slid away from that The Minister put great emphasis on the need to—I hope I am quoting him correctly—strengthen the ability of the police and the agencies in the criminal justice system to intervene. I do not think anyone has queried the seriousness of the offences that we are discussing, nor have we queried the powers. That has not been the thrust of the argument The Minister has not disputed the mean average of three years and four months. Of course, I appreciate that any average is an average, so there are much higher periods and much lower ones, but 10 years seems to send a pretty clear message, which was the term that he used, and it leaves a lot of headroom above the average. Three years and four months is quite a shortfall from 10 years. Unless there is a big increase in that, there will be an even greater shortfall from 15 years. I would have thought that that sent a rather dangerous message. The message that I take is the one from the very recent sentencing guidelines, whose consideration, as a matter of common sense, must have been taken into account in preparing the Bill—or should have been I think we have more discussion to come on this issue. For the moment, I beg leave to withdraw the amendment.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): My Lords, I was not proposing to speak to Clause 8 but I do propose to speak to Clauses 9, 10 and 11. The effect of those clauses is, in brief, to introduce a provision for extended sentences for terrorism offences where previously extended sentences were applicable for specified violent or sexual offences. Clause 9 deals with England and Wales, Clause 10 with Scotland and Clause 11 with Northern Ireland The provision for extended sentences involves an extension of the conditions set out in the legislation of up to eight years in England, Wales and Northern Ireland and 10 years in Scotland. The sentences have serious consequences: they extend the time for release on licence from half way through the sentence to the two-thirds point. They mean that release on licence will not follow after two-thirds of the sentence has been served unless the Parole Board has in fact recommended release. The extended term will then be served on licence after the custodial period has been served This is a probing opposition to the clauses standing part, on the basis that before the Government secure support for extended sentences to be used in this way we say, much as we did in respect of Clause 7, that they need to demonstrate why these very substantial extensions are necessary. Once again the Explanatory Notes explain how the extension works and how the system works, but do not seek to provide any justification. Much as I heralded in my intervention at the end of the noble Earl’s speech on the last group, we would expect to see evidence of cases where judges felt constrained to impose terms that they believed were too short, where they believed their powers were insufficient adequately to protect the public, or where these very long extended terms on licence were necessary. Again, it is not simply enough to rely on the views of the police and the Crown Prosecution Service; one really needs the evidence of judges, to show why they believe they cannot do enough under the existing law. There has been no such evidence.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): I was not suggesting that we were looking for a public statement by judges that in particular cases they would have imposed longer sentences—although one has heard of that. However, surely the Government, in proposing this legislative change, should have sought out the views of the senior judiciary about the changes and whether their powers are sufficient or restricted. That sort of research is frequently done by government when considering changes that affect judicial powers.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, Amendment 36 is in my name and that of my noble friend Lord Marks of Henley-on-Thames, and I will also speak to our other amendment in this group, Amendment 38 Part 4 of the Counter-Terrorism Act 2008 requires those convicted of certain terrorism-related offences to keep the police informed of changes in their circumstances. Clause 12 sets out additional requirements by amending Section 48 (notification of changes) to include a new subsection (4)(c): "If a person to whom the notification requirements apply becomes the registered keeper of, or acquires a right to use, a motor vehicle the identifying information of which has not previously been notified to the police, the person must notify the police of the identifying information of that motor vehicle" Slightly worryingly, they must give notification within three days We are reminded of the terrorist attacks in Westminster and London Bridge, where hire vehicles were used and—if I am right—in the case of the London Bridge attack at least, the car was hired within 24 hours of the attack. Amendment 36 adds that the right to use a motor vehicle includes the right to use it as a borrower or by renting. I expect the Minister to say that "the right to use" includes borrowing with the consent of the owner, but it is questionable whether, were the person intending to use the hire vehicle for illegal purposes, the contract with the car hire company would allow it to be used for such a purpose and therefore the person would legally not have the right to use it. In any event, it is clearer and more reassuring to include reference to borrowing and hiring of cars in the Bill. As the noble and learned Lord, Lord Judge, said earlier, it is much better if the law says what it means Amendment 38 addresses Schedule 1, and the new Schedule 3A to the Counter- Terrorism Act 2008 in relation to the financial information that those subject to notification requirements must provide. It requires information to be provided about each account that the person holds with a financial institution, but it does not cover accounts held by others to which the person may have access—for example being an authorised signatory to an account held by someone else It also does not cover a credit card account held by someone else where a second card may have been issued to the person subject to the notification requirements. We believe these to be omissions to the financial notification requirements. Amendment 38 therefore includes accounts which they are entitled to operate.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): I am very grateful to the noble Lord, Lord Kennedy of Southwark, for his support, and for the comments of the Minister. I welcome the fact that the Government will look carefully at Amendment 38. On Amendment 36, I ask that the Government also look at whether, when somebody hires a car, the contract says effectively that the person does not have the right to use that vehicle for an illegal purpose; that could be a gap in the legislation as drafted. I hope that the Minister will appreciate that we are trying to be helpful and supportive in suggesting these amendments.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Government Operations
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, as I have added my name to this amendment, I should like to say briefly that we support the principle that there should be the possibility of a review to ensure that these provisions are necessary and proportionate. The appeal process appears to get round any possible issues with matters that cannot be placed in the public domain.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): Can the Minister just confirm that, even for those terrorism offences that might be considered more minor—not that any terrorist offence is minor— there is no chance at all of rehabilitation for those individuals: that they will for ever, or for a very considerable time, pose a risk and that a complete change of behaviour is not possible?
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I will speak also to Amendments 40 and 41. Clause 13 inserts a new power of entry and the power to search the homes of registered terrorist offenders, not to look for something specific but to assess, "the risks posed by the person to whom the warrant relates" This is, in our view, a severe intrusion into the private life of not just the registered terrorist offender but his family. In the days of control orders, I became very aware of the impact of certain restrictions on family members, including spouses, children and extended family. I am not suggesting that these powers are the exact equivalent, but the impact on those family members, as well as on that of the object of the order, was something of which I became very aware. Being the subject of a search—with the use of force permitted—is not the same, but I do not think that it is completely unrelated In response to the JCHR’s initial report, the Government argued that the power may be exercised only as a last resort. I assume that that is a description of Clause 13(2)(c) and (d) and that it requires a warrant and compliance with the powers of entry code of practice. These are safeguards indeed, but the threshold for exercising the power is low. The government response states that the power is to allow the police, "to assure themselves that the individual does in fact reside at the address they have notified, and to monitor compliance with other aspects of the notification regime" Why does the Bill not reflect this, rather than containing the vague requirement of assessing risks We on the Committee considered that there should be a clearer requirement that the power is used when it is necessary and proportionate, and when there are grounds for suspicion that the notification requirements have been breached. That has led to the three amendments in this group, which would narrow the power by requiring a reasonable belief that the registered person had breached the notification requirements and ensure, as I have said, that the exercise of the power is both necessary and proportionate. I beg to move.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-10-31
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, the Government were asked to reflect. I will reflect but I suspect that when I read the debate I will become more, not less, concerned. I am overwhelmed by noble Lords’ support. I have to ask something, although perhaps it is rhetorical: are the notification requirements in themselves insufficient I referred to control orders not because it was a matter discussed by the JCHR but because I remembered, although I may be corrected, that on one occasion a wife attempted suicide during the course of the application of the control order. That was in my mind but the noble Lord, Lord Anderson, and the noble Baroness, Lady Kennedy, were absolutely correct—I am sorry for sounding so patronising; I hope that they understand where I am coming from—to refer to the impact on families and communities, which itself has an impact on society’s security On the police, the phrase "keeping in touch" does not feel like that in the way in which it has been described. The copper’s nose applied to this is getting too long. The measure is far too nosey and risks leading to more hostility, not solving a problem. We will certainly have to come back to this issue. Of course, I will read what the Minister has said. At this stage, I beg leave to withdraw the amendment.
Nuclear Safeguards Bill — House of Lords, 2018-06-06
Topic: Energy
Robin Teverson (Liberal Democrats, Centre to centre-left): My Lords, I am also very pleased that we have come to a suitable arrangement. I support this amendment and reflect the comments of the noble Lord, Lord Broers. However, the challenges in achieving this are still major. We know from the leak from the risk assessment of the Office for Nuclear Regulation that we have an IT system that has only just been commissioned and timescales are very short for that £100,000 programme. We know that training has not been fast or easy in terms of recruitment or giving skills to those people to ensure that we have the right number of people in the Office for Nuclear Regulation. We have already had a concession that the standards that can be met by Brexit day are best international, rather than the Euratom standards the Government originally wished for Also, I understand that we have not yet had ratification of any of those nuclear co-operation agreements. Although I recognise and welcome the fact that we have agreement with the United States, agreement is not ratification. As the Minister himself said in a Written Answer to me: "Ratification in the US requires the agreement to remain in Congress for 90 joint sitting days, whereby the US Senate and House of Representatives both sit, and the consent of two-thirds of the US Senate. Congress also has the option of adopting either a joint resolution of approval, with or without conditions, or standalone legislation that could approve the agreement. UK officials have held detailed discussions with the US and both sides are satisfied that this process can be completed ahead of the UK’s withdrawal from Euratom" I am glad to hear that optimism, but I still believe that that is a very difficult timetable to meet. I will be interested to hear from the Minister where we are on the other three nuclear co-operation agreements as well.
Nuclear Safeguards Bill — House of Lords, 2018-06-06
Topic: Energy
Lynne Featherstone (Liberal Democrats, Centre to centre-left): My Lords, to be frank, I wish that we could have just stayed in Euratom, which would be the simplest and most straightforward answer to nuclear safeguards, but I am relieved that the Government have listened to the concerns expressed on all sides of the House during the passage of the Bill, and I am very grateful that an amendment has been laid with which we can all agree. It is an important point that addresses any potential disaster, such as what if bilateral agreements were not in place, and avoids the cliff edge that we, like the Government, hope will never be reached. However, as the noble Lord opposite has just said, an insurance policy is a good thing and we now have that.
Airports National Policy Statement — House of Lords, 2018-06-06
Topic: Transportation
Susan Kramer (Liberal Democrats, Centre to centre-left): My Lords, I declare an interest, in that I live under the flight path and belong to many of the community organisations that the Minister will have met. I am appalled by this proposal, as will be the majority of the community where I live and the surrounding communities. Will the Minister confirm that it is clear in the report that daytime respite periods will be shorter under this plan? It says in parenthesis that they will be cut. Perhaps she will confirm that. That matters because there may be money for insulation, but that is not very useful for children who want to play outside or for people who want to walk outside or sit in a garden. Perhaps she will tell us the number of hours of peace that we are about to lose every day To answer the question of the noble Lord, Lord Brabazon, airlines will be permitted to run a full service from 5.30 in the morning under the new plan. The night-time ban is six and a half hours: 11 pm to 5.30 in the morning. Currently, they cannot run a full service until 6 am. That is done because Asian Governments are concerned that their residents are being disturbed by departures, so instead our local residents are to be disturbed by arrivals Will the Minister confirm what is clear to me from the report: that the required noise level that the airport has to achieve is that in existence in 2013, giving up five years of improvement? All the surface transport mitigations listed are those under way or in place to deal with current congestion, current overcrowding, the air quality problems of the current airport, and the forecast growth in demand in the local community. There is no additionality to deal with 41 million people, a doubling of freight and no indication of who will pay On air quality, there are just vague aspirations without any guarantees, clarity or targets. Will the Minister confirm that?
Airports National Policy Statement — House of Lords, 2018-06-06
Topic: Transportation
William Bradshaw (Liberal Democrats, Centre to centre-left): My Lords, the Statement makes clear to us that the airport will be built with private capital. Will the compensation package be met by the airport, and will the other infrastructure improvements which are necessary be met by the Government or by the promoters?
Data Retention and Acquisition Regulations 2018 — House of Lords, 2018-10-30
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): At end insert "but that this House regrets that the draft Regulations fail to comply with the spirit of the ruling by the Court of Justice of the European Union by failing to restrict the use of communications data to serious offences."