argyrotsipi/train-dataset huggingface dataset:
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
David Pannick (Crossbench, Unknown): My Lords, I have added my name to the amendment proposed by the noble Lord, Lord Marks, and I agree with everything that he said and, indeed, what has been said by the noble Viscount, Lord Hailsham. There is no doubt that there is a real difference, both in principle and in practice, between exceptional circumstances and what is required in the interests of justice. It seems to me that, whether or not the circumstances are exceptional, it is essential that the court has a power not to impose a sentence that the judge believes to be contrary in the circumstances of the particular case to the interests of justice I am surprised and disappointed to hear from the noble Lord, Lord Marks, that a Minister of Justice, particularly one as wise and fair as the noble Lord, Lord Wolfson, should resist an amendment that confers power on the courts to avoid imposing a sentence that the judge believes would be contrary to the interests of justice. How can that possibly be right? If we are to have more minimum sentences—and I share the concerns as to whether we should—it is absolutely essential that the judge has a discretion to impose a sentence that he or she thinks is in the interests of justice.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
James Hope (Crossbench, Unknown): My Lords, I will say a few words in support of Amendment 82A dealing with short custodial sentences. The value of this amendment is that it places greater emphasis on alternative disposals, which fits in with what I thought was the Government’s policy of trying to rehabilitate offenders. Sending people to prison for a short period is counter- productive. One knows what happens in prisons. To send people for a short sentence is wasteful of public money. If there is an alternative to a custodial sentence, then it should be adopted. The proposal made in this amendment has a great deal behind it As for the other issues, speaking as a former judge I tend to support what the noble Lord, Lord Faulks, has said. If I was faced with the choice of words, I would find it easier to work with the Government’s wording than the wording proposed in the amendments.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
David Pannick (Crossbench, Unknown): The Minister mentioned a Court of Appeal authority on this matter. Can he confirm whether that authority suggests that, if a judge in an individual case believes it would be contrary to the interests of justice to impose the minimum sentence, that is a strong indication that there are exceptional circumstances?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
James Hope (Crossbench, Unknown): I am grateful to the noble Lord for giving way. My point is that I would be drawn into arguments with myself about policy in deciding whether to do what Parliament has asked me to do. I am afraid that, as a judge, the constitutional position is that I have to accept what Parliament has laid down. I do not like minimum sentences; they are a very blunt instrument, and I can think of cases where I would not want to be driven down that road. But that is not my position as a judge. I have to follow what Parliament has said, but I have leeway with the phrase which has been inserted in the Bill. That is my point.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Igor Judge (Crossbench, Unknown): It is such a folly, is it not, for legislatures to impose strict, rigid, statutory tramlines on sentencing decisions? That is what this problem stems from and I very much regret that the current Bill finds some more rigid, statutory tramlines to affect the sentencing decision What is the problem with this? It is very complex but I will try to sum it up. With the IPP, many of those subject to it or sentenced to it found that their dangerousness as an individual was being predicted on the basis of strict statutory assumptions of general application. That is not the way that we should legislate No one wants anybody dangerous to be released. I do not mean to be light-hearted about this, but nobody has ever thought that the noble Lord, Lord Blunkett, was a soft, lily-livered—I do not know what the right epithet would be, but he has never been one of them. He was responsible for this Act. He was the Minister and, if I may say so, I greatly admire his courage in coming to Parliament to say that something went wrong.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Igor Judge (Crossbench, Unknown): We all know that IPPs are a failure. They were abolished years ago. They are not available. Why on earth do we continue to keep people subjected to them, incarcerated, unless they are indeed dangerous May I take a completely trivial example? My daughter is in South Africa. She hit the red line four days after the new virus appeared. If she comes back, she is subjected—or was—to 11 days’ incarceration in a hotel, which is trivial compared to anybody in prison. That has changed and the red lines have gone. Is it really being suggested that those who were in a hotel, in quarantine, should now continue to be in quarantine although people coming in from South Africa will no longer be subjected to it? Of course not; it is completely daft I regret to say that I think the current situation is daft. We really must try to help the Government get rid of this absurdity and—can we also remember?—enable justice to be done to a large number of individuals.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Simon Denis Brown (Crossbench, Unknown): My Lords, I cannot pretend to be wholly content, let alone happy, with what the Minister has been allowed to say today. It falls dramatically short of providing any sort of an answer to the final question I asked earlier: are we to keep these post-tariff detainees in effect endlessly and for life? It is surely no answer to my point to say that reversing the burden of proof is unlikely to make any difference. That is even less a reason to object to this amendment I repeat that I am very far from happy but, as the noble Lord, Lord Blunkett, said, we have at least got some assurances, for the first time, that Ministers will look again at the plight of these IPPs and make some improvements at least to the recall regime—hopefully the first step in a re-evaluation of the entire remaining IPP problem. The other consideration that now weighs on me is the point that has been made that the Justice Select Committee in the other place is now deep into its full-scale IPP inquiry and its eventual report must surely inform the Government’s approach. In the meantime, alas, it provides something of an excuse for the Government to do little of great note It is clear that there is huge support for Amendment 80 around the House. What is ultimately needed is political will. For my part, let us hope that the Select Committee will call for proper reform and for the political will to deal with it, and that that is now shown. Meanwhile, I confess that I am deeply disappointed, as will be the IPP prisoners and their families. As the noble Lord, Lord Blunkett, points out, I have no alternative but to not press my Amendment 80.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
David John Ramsbotham (Crossbench, Unknown): My Lords, I support Amendments 89 and 90. I endorse what the noble Baroness, Lady Chakrabarti, said. Thompson and Venables, the murderers of Jamie Bulger, although 10 at the time, had a developmental age of only four, which makes their High Court trial obscene. The noble Lord, Lord Dholakia, is to be praised for persistently trying to raise the age of criminal responsibility through a succession of Private Members’ Bills.
Armed Forces Bill — House of Lords, 2021-11-29
Topic: International Affairs
David Brownrigg Craig (Crossbench, Unknown): My Lords, as one of the sponsors of a number of amendments, I have added to the work of the Minister and her Bill team. I add my thanks to her for the way she has dealt with them. The Bill team, having been faced with a very large number of late government amendments, have done a magnificent job; Jayne Scheier and all of them ought to be thanked very much for that effort. I hope that the Minister will not forget that I mentioned the Hong Kong veterans and have yet to have a decent reply about that. The issue has been outstanding for 35 years, so it is about time it was dealt with. I hope, too, that the amendments we have sent back to the other place will be accepted. Time is short, Covid threatens and it would be sensible if the Government avoided ping-ponging it in this direction again. I thank the Minister very much for all that she has done on this Bill.
Public Service Pensions and Judicial Offices Bill [HL] — House of Lords, 2021-11-29
Topic: Labor
James Hope (Crossbench, Unknown): My Lords, I support this amendment. I raised the issue in my speech at Second Reading because I look back with gratitude to the guidance I received shortly before I retired as to the choices I had to make under the judicial pension schemes. I think my position was relatively simple compared with the position we have now, because there were two clearly expressed schemes, the guidance I was given was intelligible and I was happy to follow it. Of course, I was aware—as I am sure everybody would be under this new arrangement—that the choice I made was going to be irrevocable, and I had to be very careful to make the correct choice I cannot claim to have studied the impact of this Bill—and, indeed, all the amendments that have just come to the House today—but my impression is that the situation is a good deal more complicated than the one I had to deal with when I was on the point of retirement. There is a great deal of force in this amendment, and I am delighted that it has been brought back on Report so that we can have a full response from the Minister.
Tree Pests and Diseases — House of Lords, 2020-02-13
Topic: Environment
James Hope (Crossbench, Unknown): My Lords, on both my behalf and that of the noble Earl, Lord Kinnoull, I thank all noble Lords who have taken part in this fascinating and very important debate. I thank the Minister for a very detailed and helpful reply, which I am sure we will all want to study with some care when it appears in Hansard The debate has drawn attention in the most powerful way possible to the scale of the problem that we face. We have covered many parts of the country, from Devon, east Kent and Wiltshire to South Yorkshire, Wales and Scotland. We have heard detailed descriptions from people who really know what they are talking about of the problems that they face. Of course it is right to say that landowners bear a responsibility for looking after the trees that they have on their land, but the Government have a major part to play too because of the resources and powers that are available and the initiatives that they can take. I hope that what has come through the debate is the message that we look to the Government for initiatives, particularly in the realm of biodiversity, which will seek to address the problem There is a curious paradox here. Someone said, although I cannot remember who it was, that a person working in woodlands had said it was the safest job he had ever had because you do not see the results. It is a long-term process; trees take many years to develop. But the problems we face are the complete reverse; they are not long-term problems at all but urgent. It is very dangerous to think of planting wide areas of woodland when we face issues that could destroy them before they even have a chance to get going. So this is a major problem and an urgent one, but we can feel encouraged that the Minister will do his very best to respond to it I was very taken with the tribute paid by the noble Baroness, Lady Jones of Whitchurch, when she said that the Minister had done more than most to raise awareness of the impact of these diseases. I believe that is true. He is very well placed, because of his knowledge and experience, to carry forward the message that has come from this debate. We very much look forward to the results of that, which, as I say, are short-term, so many of us are young enough to see the results of that although we may not see the trees grow to their full potential. I beg to move.
Adoption Support Fund — House of Lords, 2020-02-13
Topic: Social Welfare
Simon Russell (Crossbench, Unknown): I thank all noble Lords who have taken part in this debate. We may be few in number but we speak for an awful lot of children and families who are not able to reside on these red Benches, albeit that I gather that we may have a few new arrivals imminently. The Minister commented that I had taken a positive approach in my speech. I return the compliment and thank him for being unusually positive and even effusive in his comments about the fund. I think that the department really does deserve a pat on the back—I am looking at the advisers in the Box—for having been responsible for a true, apolitical success which is making an enormous difference to people who need and deserve help I thank the right reverend Prelate in particular for taking part. He is a living example of the danger of finding oneself sitting opposite me at lunch. We started a conversation about something quite different. Once he had found out a bit about me and I had discovered about his personal experience, he very kindly altered his diary to be with us this afternoon. We are all enormously grateful to him for giving us his direct, personal experience This subject deeply affects a lot of people—often people you do not necessarily know have these issues. I was contacted this afternoon by an adoptive parent who works down the other end for quite a well-known opposition MP. She called me today to say, "I think there is a debate today. Is that true?" I said yes, and asked her, "Is there anything you would like me to say?" She simply said, "What I would like you to say is that if it hadn’t been for the fund, my family would have had adoption breakdown. I think we would have lost our child, and we might well have lost our marriage." One can have no better celebration of the fund’s success than that. With that, I wish everybody a therapeutic Recess.
Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019 — House of Lords, 2020-01-22
Topic: Law and Crime
Igor Judge (Crossbench, Unknown): My Lords, I shall be very brief; following the remarks of the noble and learned Lord, Lord Garnier, there is not much more to be said. However, I wish to underline, first, that I very much hope that we will have a commitment today from the Minister that the Government do not intend to hold back on the enactment of a sentencing code. We have been through the whole of that process. It was cut short by the general election but it is an absolute imperative, as the Minister well knows and as anybody who has ever listened to the discussions on these issues fully understands. If we are to have changes to prison regimes, let them be done by amendments to an existing code rather than being introduced piecemeal and added on so that we are still looking through 17 volumes of laws to find out what the appropriate level of sentence might be My second point is much more general. The Minister’s introduction suggested—and it is perfectly obvious that it is right—that this is just the beginning. The Government are committed to a wholesale investigation of whether sentencing levels and dates for release are appropriate, and so on and so forth; this is a mere first step Speaking for myself, I find it alarming that we have started this process by secondary legislation. The issues raised, as the eloquent speech of the noble and learned Lord, Lord Garnier, made clear, are immensely significant to the entire way we run our punitive system in this country. Yet we are to have secondary legislation for this and, I suspect, a piecemeal series of secondary legislation as the Government’s thinking develops. A very good example—for once I am not looking at the Conservative side; this was Labour legislation—is the Criminal Justice Act 2003, which gave the Minister amazing powers to come to Parliament by way of a statutory instrument and effect enormous changes in our arrangements for prisons. Please, can we be more cautious about dishing out these powers?
Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019 — House of Lords, 2020-01-22
Topic: Law and Crime
Roger Thomas (Crossbench, Unknown): My Lords, I will make one brief point. It is clear from what has been said, both in the impact statement and from the many points made by noble Lords, that what will be required is a very significant amount of further money for the prisons. My noble friend Lord Thomas of Gresford has described Berwyn; it is clear that much more money is needed, but that is one example The question I ask the Minister is: where is this money coming from? This is a critical question. The rule of law depends upon the proper provision of courts and of legal aid—legal aid not merely in criminal matters but in family matters, where it is denied to a huge number of people; in civil matters; and for really important things such as disputes relating to social services entitlements and to employment. It is not generally available there at all. Can the Minister assure us that what happens will be through new Treasury money and not, as has happened over the last few years, through gradually denuding the other parts of the Ministry of Justice, particularly the courts and legal aid, to prop up the Prison and Probation Service? The two are plainly interlinked because there is emerging evidence to show that if you do not deal with people’s legal problems, you often set them off on the road to criminality. I hope the Minister can assure us that this is new money, because that is not what has happened in the past.
European Union (Withdrawal Agreement) Bill — House of Lords, 2020-01-16
Topic: Education
Nicholas Trench (Crossbench, Unknown): My Lords, I have added my name to this important amendment. I will be brief The Government should have a fairly good idea by now of the views of academics, universities and other institutions. Hopefully, they will have taken note of the strong views of students and former participants in the Erasmus programme that have been expressed in the press and on social media in the last week or so, and their huge concern about the potential loss of this programme In terms of projects, Erasmus is now about more than learning and higher education. As the noble Lord, Lord Storey, has pointed out, there are schemes for apprentices, adult learners, schools, youth programmes and entrepreneurs. On that point, what is less heard and discussed is the implications of Erasmus for business. The Russell Group has spoken of the considerable opportunities in industry that Erasmus opens up for students on their return to the UK. If we are also to maintain our business links with Europe, it will become more important, not less, that young people learn and use languages such as French and German, an issue that the noble Baroness, Lady Coussins, will no doubt expand on I hope the Government will look at this objectively and understand that the loss of Erasmus would represent a significant overall loss in terms of the choices that students will have to study abroad. In those circumstances, where the choice remains it will be at a considerably greater cost, to the extent that for students from poorer backgrounds, that choice would disappear. That is an important point. Erasmus favours those from less privileged backgrounds, a point that has been well made by former participants One of the arguments that is put is that we can replace Erasmus with a global arrangement. We have such arrangements already, which Erasmus does not preclude. The loss of Erasmus would be a net loss for students, and a reduction of opportunities to study abroad and to broaden horizons. I agree with the noble Lord, Lord Storey, that the loss of Erasmus would, in the Government’s own terminology, be a levelling down, not a levelling up. I earnestly hope that the Government will do everything to maintain our meaningful membership—that is, programme membership —of Erasmus. Surely this being an intention endorsed by Parliament will only strengthen our hand in negotiations with the EU. I fully support the amendment.
European Union (Withdrawal Agreement) Bill — House of Lords, 2020-01-16
Topic: Education
Jean Coussins (Crossbench, Unknown): My Lords, I too have added my name to Amendment 38. Last week, after the vote in the House of Commons to reject a similar amendment, I was semi-encouraged by the statement issued by the Department for Education: "The Government is committed to continuing the academic relationship between the UK and the EU, including through the next Erasmus+ programme if it is in our interests to do so." I hope I can offer some information and arguments today that will convince the Minister to go back and persuade the Government that it is indeed very much in our interests, and that they should think again and put their commitment to Erasmus+ in the Bill. As we have heard, the Prime Minister said only yesterday that there was no threat to Erasmus. If that is a genuine commitment, fantastic—there can be no reason why that cannot be irrefutably placed in the Bill. Otherwise, all that we actually know we can be sure of is that Erasmus is secure only until the end of 2020 I have spoken several times before in your Lordships’ House on the importance of Erasmus in the context of the teaching and learning of modern foreign languages, but that is neither the whole picture nor the whole reason for needing to stick with the programme. It is also in the far broader interests of the UK, its economic resilience, its competitiveness and the employability of young people—and I do not just mean relatively privileged students. I understand from a press report in last Saturday’s Times that one of the Government’s reservations is that Erasmus is viewed as mainly benefiting middle-class students and that the money might be much better directed towards the schools budget. If accurate, this view shows a misunderstanding of the breadth, purpose and benefits of the Erasmus programme. I hope I can now shed some light on this, to assist the Government in looking again and changing their mind out of sheer self-interest.
European Union (Withdrawal Agreement) Bill — House of Lords, 2020-01-16
Topic: Education
Jean Coussins (Crossbench, Unknown): The Minister put a lot of emphasis on the Government’s wish to see the offer to students be much broader than just European and to encourage students to go worldwide as well. Does he not acknowledge that the whole point of Erasmus+, as opposed to the original form of Erasmus—without the plus—now means that the programme includes the opportunity for UK students to take up their placements in their year off in countries that are outside the EU, as well as inside it? This is precisely because it is acknowledged that some students may well benefit from a placement in China, Brazil, Turkey or wherever. That is exactly what has been happening with Erasmus+.
European Union (Withdrawal Agreement) Bill — House of Lords, 2020-01-16
Topic: Education
Nicholas Trench (Crossbench, Unknown): The point I made in my speech was that Erasmus does not preclude these arrangements. My nephew was at Swansea University, which had an exchange with Arizona that had nothing to do with Erasmus. Losing Erasmus means that students would lose choices overall; that is the point.