argyrotsipi/train-dataset huggingface dataset:
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2021-12-03
Topic: Government Operations
Francis Thomas Baring (Conservative, Centre-right): No, I do not agree with that The current system for the election of the 92 can be fine-tuned. The change I would like to see is that all replacements should be elected by the whole House, which would give more logic to the Labour and Liberal by-elections in particular. Overall, the system controls the number of hereditary Peers to a fixed number and has produced good-quality replacements. The hereditary Peers are a strong link with the past, a golden thread that goes back to the first separate sitting of the House in 1544. Until relatively recently, in House of Lords terms, the House was entirely hereditary. By-elections provide a way into this House that is not dependent on prime ministerial patronage Since we last considered such a Bill from the noble Lord, Lord Grocott, the problem has been in controlling the number of life Peers—there have been no fewer than 62 new creations since the previous time we debated the Bill—and getting equal quality. I suggest that there should be elections among their numbers at each election to keep the total size of the House to, say, 500. To monitor quality, there should also be a statutory appointments commission whose verdict cannot not be overruled by the Government The Government’s response to the Burns committee report, which recommended limiting the size of the House by a different method, was not encouraging. It said: "The Government does not … accept the Committee’s recommendation that the Prime Minister must now commit to a specific cap on numbers, and absolutely limiting appointments in line with the formula proposed"; hence it appears there will be no limit on the size of the House. If and when the Labour Party gets back into power, as the noble Lord, Lord Anderson of Swansea, so rightly said, it will also have to appoint a considerable number of new Peers to get its legislation through, so the size of the House will keep increasing. With regard to further reform, we have also been promised a constitutional rights and democracy commission. I believe that we should wait for what this produces before acting on any constitutional Private Member’s Bill. In summary, though, significant legislation to implement phase 2 Lords reform should be brought forward by the Government rather than by a Private Member’s Bill.
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2021-12-03
Topic: Government Operations
Daniel Moylan (Conservative, Centre-right): My Lords, being, I think, the last Back-Bench speaker in this debate presents certain challenges in finding something novel to say. I thought I would begin by giving your Lordships a view of the House from a relatively recent arrival, who still has, if I can put this without being offensive, one foot in the real world, or the outside world—just about—but who has developed a degree of affection for the House over the year that I have been here. I have two contradictory observations from many occasions over the last year when I have listened to your Lordships, but not participated, in what were essentially internal debates about the organisation of the House, its composition and so forth The first is that your Lordships are rightly proud of the very good work undertaken in this House: the work to improve legislation, which I have seen myself, and the work done by Select Committees—to mention just two examples of the justified pride that your Lordships take in the work that you do. At the same time, I notice the periodic tendency of noble Lords to beat themselves up about two issues in particular: the number of Peers in the House and its composition, which is principally to do with the hereditary Peers who are sitting here. It is undoubtedly the case that the latter is in some sense the cause of your Lordships’ frustration that the outside world is not giving proper recognition to that very good work, so I have a few words of assurance for you Outside this House, nobody cares how many Members the House has. Nobody cares about the composition and the role of hereditary Peers. There has been by-election campaigning over the past few weeks in Old Bexley and Sidcup, and I congratulate the new Member of Parliament; there is another by-election campaign taking place in Shropshire at the moment. I am absolutely certain that if all the politicians—those from this House and others—who have traipsed to those places in recent weeks and will continue doing so, were asked how many people on the doorstep voluntarily raised the composition or the numbers of this House, or even had a view on that if pressed, the answer would be negligible.
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2021-12-03
Topic: Government Operations
Daniel Moylan (Conservative, Centre-right): My Lords, I really do not think that we are to be driven by a small number of journalists who have a particular view on the topic, which the public do not share. If we are accountable to anybody, it is to the public for whom we legislate. We do not legislate for journalists; we contribute to legislating for members of the public, and they do not have a particularly strong view. One of the reasons for that is that the hereditary principle is embedded in our constitution, and the monarchy is a popular feature of our constitution. Although the noble Lord, Lord Grocott, whom I have always found in our work together on the Built Environment Select Committee to be extremely courteous —and, I would say, mildly conservative in his personal habits and conduct—would no doubt want to make a radical dissociation between his views on the hereditary Peers who sit in this House, not personally but as a concept, and the monarchy, the two are related. People understand that there is an element of traditional authority in the way in which this country is run, which they accept more easily and comfortably than they do new and innovative constitutional concepts But, even assuming that we were ridiculous in the minds of a small number of journalists and that this really mattered, I do not understand why we would be less ridiculous if the Bill were to pass. The majority—not all—of the Members of this House who are not hereditary Peers are here because of political appointment or because they have achieved a degree of eminence in the military or in their professions. I give all credit to those; I am not knocking life Peers—of whom I am one, of course—any more than I am hereditary Peers. But what is the rational basis or logic of that as a principle of composition of the House of Lords I note that the Bill provokes a great deal of excitement. I even heard the noble Baroness, Lady Meacher, advocating that, as a House, we should contrive to find a way to break the law—not simply to go back on an agreement but to break the existing law—by finding devices by which we could subvert our legal obligation to hold these by-elections, to force a change in the law. That is a degree of radicalism that clearly shows how strongly people feel about this. But the fact is that this is a damaging and dangerous measure. Other, more modest, measures could well be followed. Amending the succession rules of peerages to include female and male heirs or widening the electorate for replacements of hereditary Peers to include the whole House would be genuinely incremental changes, but this is a radical change I entirely support the Government in thinking that radical change of that character should not be undertaken piecemeal but should await a comprehensive proposal, which may indeed include an elected House; I would be perfectly happy with that. It should not be undertaken on the basis that, I fear, the noble Lord, Lord Grocott, knows is much more radical than he presents it in his modest way.
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2021-12-03
Topic: Government Operations
Nicholas True (Conservative, Centre-right): My Lords, it is a great pleasure to be here on a Friday again on this subject. This is a House of Peers; that is what makes us so special. All of us are here for different reasons, with most of us appointed on the recommendation of one man or woman. It is sad when, directly or indirectly, anyone disparages any part of our membership, when all of us are here legitimately and by statute. One of the attractive features of this debate was that, almost all the time, we managed to stay on the right side of that and not to stereotype individuals but to argue about principles I of course congratulate the noble Lord, Lord Grocott, who knows of my personal respect and affection for him, on securing the debate. I was unkind enough in a debate earlier this week when he advanced a rather dubious argument to say that I would not want to play the three-card trick against him, but I would want to give him some money to put on the National for me in a betting shop, because his success in the ballot is remarkable. I am not a betting person, but if I see him at Grand National time, I will be coming his way This is the fourth Private Member’s Bill seeking to abolish the by-elections that are held when a hereditary Peer vacates their seat in this House, as established under statute in 1999. I regret to say that the Government’s position on the noble Lord’s proposals remains unchanged, however commendable the resolve The intention of this Bill, in common with the earlier Bills, is to stop by-elections taking place when a hereditary Peer—
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2021-12-03
Topic: International Affairs
Francis Thomas Baring (Conservative, Centre-right): I am very grateful to the noble Lord, Lord Grocott. Does he recall the passage in Alastair Campbell’s memoirs when he said that he could not believe that Viscount Cranborne was going to go along with this deal, as it was only going to end in tears for him?
Education (Environment and Sustainable Citizenship) Bill [HL] — House of Lords, 2021-12-03
Topic: Government Operations
Diana Barran (Conservative, Centre-right): My Lords, I thank my noble friend Lord Blencathra for highlighting the importance of parliamentary scrutiny. The Government agree that guidance should not be used as a means to circumvent scrutiny and should be used only where it is proportionate to do so. As my noble friend understands—probably better than anyone else in this Committee—the purpose of guidance is to aid policy implementation by supplementing legal rules. If a policy is to create rules that must be followed, the Government accept that this should be achieved using regulations subject to parliamentary scrutiny, not guidance.
Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) (Amendment) (No. 6) Regulations 2021 — House of Lords, 2021-12-15
Topic: Government Operations
Patrick Cormack (Conservative, Centre-right): If nobody else is going to get up, I will. My Lords, some of the things my noble friend said, I entirely agree with. There has been a very real degree of confusion. It is inexplicable to have a situation in which you are told not to go to your place of work, but do go to the office party. This confusion spreads like a cancer through a community—but we are here to debate something slightly different Yesterday in the other place, there was a massive majority in favour of the propositions before us. There is a very important constitutional issue here. This House is not the elected House. I believe fervently in it and have made that plain on innumerable occasions, and I believe that we have a real job to do, but when the elected House has given, by a massive majority, approval to certain orders dealing with the most important issue of the day, it would be ill advised for us to vote in a contrary direction While I admire my noble friend’s persistence—he certainly has not come new to this subject—I urge him, as the debate takes its course, to consider very carefully before he divides the House. There is clearly no doubt that there is a very real division in the Conservative Party, with the so-called libertarian wing. However, all these things have been oversimplified; the keynote of the debates has been hyperbole, which is not really very good for sensible parliamentary debating and democracy The fact that the Conservative Party is divided is common knowledge. I urge those who have not done so yet to read the main leader in today’s Times and a very penetrating article by our colleague, my noble friend Lord Finkelstein, also in the Times. I ask noble Lords please to read those articles and consider carefully what they say. We are at crisis point in this country when a large number, more than a hundred—99 voted and many abstained—of the governing party refuse to support the Government. That is a very serious matter However, an MP is an MP, no matter what constituency he or she sits for. Each Member of Parliament has a vote of equal value. Yesterday, as I said at the beginning, a massive majority of Members of the other place decided to support what the Government are proposing—a divided Government, yes, and the division in the Government is not caused, let us be honest, just by this subject. The appalling way in which the Owen Paterson affair was handled is indicative of a Government which have lost their grip My noble friend the former Chief Whip—he is an old friend—may be waving his hands at me; Chief Whips are important, but parliamentary democracy is even more important. I believe, as I said, that it would be ill advised for us to vote today against what the Government have proposed. We should not seek to contradict the other place but, with a degree of sadness perhaps, we should endorse it and certainly not divide the House.
Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) (Amendment) (No. 6) Regulations 2021 — House of Lords, 2021-12-15
Topic: International Affairs
David Trefgarne (Conservative, Centre-right): My Lords, I have had the privilege of being a Member of your Lordships’ House for a very long time. I was sitting on the Benches opposite back in 1977, when my late noble friend Lord Carrington, then Leader of the Opposition, and the late Earl Jellicoe moved the cancellation of sanctions on Rhodesia. That was a mistake, and it would be a mistake to vote down the regulations today.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My Lords, I think we might now be in double figures for the times I have been asked that question. I have set out in my remarks, fairly I hope, what lies behind it. The work from the National Police Chiefs’ Council lies behind this; a third of police forces have gone there; and many more are considering it. Whether one calls that evidence or not, that is the basis on which these reforms are predicated. I have answered this question before, and I answered it in Committee. I appreciate my answers may not satisfy the noble Lord, but that is the basis on which we think this is a good idea; and quite a number of police forces already think this is a good idea.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My Lords, these amendments follow a discussion in Committee and an undertaking given on Report in the other place in response to amendments tabled by Tom Tugendhat MP, with cross party-support, which sought to raise the maximum penalties for child cruelty offences. We said at that time that we would bring forward proposals for reform as soon as possible. I pay tribute to Tom Tugendhat and the family of his young constituent, Tony Hudgell, who have campaigned tirelessly for these changes to the law in his name. As a baby, Tony was abused to such an extent by his birth parents that he is now severely disabled. No child should suffer such appalling abuse, especially from those who should love and care for them most. Therefore, it is right to ensure that, in such cases, the punishment fits the crime. I should add that today saw the sentencing of those involved in the tragic death of Star Hobson. I offer my and the Government’s sincere condolences to Star’s friends and family. The violent death of a child as young as Star really is heart-breaking Government Amendments 69 and 70 amend Section 1 of the Children and Young Persons Act 1933 and Section 5 of the Domestic Violence, Crime and Victims Act 2004 respectively to increase the maximum penalties in three circumstances. Those for cruelty to a person under 16 rise from 10 years’ imprisonment to 14 years’ imprisonment; those for causing or allowing the death of a child or vulnerable adult rise from 14 years’ imprisonment to life imprisonment; and, finally, those for causing or allowing a child or vulnerable adult to suffer serious physical harm rise from 10 years’ imprisonment to 14 years’ imprisonment Government Amendment 70 also adds the offence of causing or allowing the death of a child or vulnerable adult to Schedule 19 to the Sentencing Act 2020. This is a consequential amendment of Schedule 19 which lists offences where the penalty may be life imprisonment. It means that, if the judge determines that the offender is dangerous and the circumstances of the offence are sufficiently serious, the offender must receive a life sentence. Furthermore, a consequence of increasing the maximum penalty for causing or allowing the death of a child or vulnerable adult to life imprisonment is that offenders sentenced to seven years or more for that offence will now spend two-thirds, rather than half, of the sentence in custody I am confident that the House will agree, especially in light of the recent appalling cases, that the courts should, where necessary, have the fullest range of sentencing powers available—I underline that these are new maximum sentences—to deal appropriately with those who abuse children and vulnerable persons. I therefore beg to move Amendment 69.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Douglas Hogg (Conservative, Centre-right): My Lords, I support the observations made by the noble Lord, Lord Marks. On previous occasions, and indeed in Committee, I expressed my real anxiety about mandatory minimum sentences, particularly in the context of this group of amendments. I share the noble Lord’s view that a mandatory minimum sentence of this kind is capable of doing very considerable injustice I appreciate my noble friend the Minister’s view about exceptional circumstances, which he has explained before. I recognise that there is an ability on the part of the judge in exceptional circumstances to disapply the minimum sentence, but I share the noble Lord’s view that the concept of "exceptional circumstances" means something way out of the ordinary—exceptional. That means that the proviso, in my view, will be seldom applied The amendment moved by the noble Lord goes much further than that and, in my interpretation of it, imports the concept of fairness and justice. I agree with him. Because that is my interpretation of the amendment —namely, that we are introducing the concept of fairness and justice as a means of disapplying the minimum mandatory sentence—I shall support the amendment if the noble Lord seeks the opinion of this House.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
John Attlee (Conservative, Centre-right): My Lords, I have no objection to short prison sentences per se. The problem I have is that our current prison system is so hopelessly ineffective at rehabilitation. That is why in Committee I tabled my Amendment 241, a proposal for drastic reform. I am grateful for the response I got from the Committee, and indeed from my noble friend the Minister, and that is why I saw no need to table it on Report.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): We must distinguish carefully between whether it is wise, which is a point we can make about any legislation, and whether it is proper. When the point is put against me that this is an attack on judicial discretion and a case of not trusting judges, I hear it as a matter of policy and constitutional propriety first and a matter of wisdom second. So far, I have addressed the point on constitutional propriety. My noble and learned friend is right to say that Parliament can do what it likes; my point is that, here, Parliament is doing what is constitutionally proper as well. As to whether it is wise, I set that out earlier In these circumstances, it is proper to endorse the exceptional circumstances test. A system in which 50% of people are not being given the minimum sentence is, I suggest, one in which something is going seriously wrong. Although I pay great respect to anything said my noble and learned friend, the point put briefly but clearly and firmly by the noble and learned Lord, Lord Hope of Craighead, ought to carry serious weight with the House.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Douglas Hogg (Conservative, Centre-right): My Lords, I appreciate that the noble Baroness who moved the lead amendment in this group is concerned primarily with Amendment 78B, but perhaps I might be forgiven if I focus exclusively on Amendment 78A. This relates to the new clause, which would apply a minimum mandatory sentence of seven years to the offence of rape I am against this proposed new clause and think it profoundly wrong. I am against it for essentially two reasons. First, as one who has practised in the criminal courts for many years, I know that the offence of rape carries within it a very broad spectrum of culpability, from the most serious kinds of offence to ones significantly less serious. That should be reflected in the ability of the judge to impose the appropriate sentences Already a life sentence is the maximum that can be imposed. This takes me to my second point—that I really think the amendment is unnecessary. Anybody who goes to have a careful look at the guidelines published by the Sentencing Council as to how courts should approach sentencing for rape will come to the conclusion that public protection is already appropriately safeguarded. In fact, the spectrum of custodial sentences set out in the Sentencing Council guidelines is between four and 19 years. There is a whole host of considerations set out to assist the judge in determining what level of sentence should be imposed That takes me to the last point that I want to make. If you go to the Sentencing Council’s guidelines, as I am sure many of your Lordships have done, you will see a whole range of mitigating circumstances—as well, of course, as aggravating circumstances. Those mitigating circumstances are circumstances that a trial judge could take into account when imposing a determinate sentence of less than seven years. In the new clause proposed in Amendment 78A, nothing is said, for example, about what the consequences would be of remorse or contrition, nor about the making of an early plea, although that of course now attracts a mandatory reduction as a general proposition. Nothing is said about what happens if the defendant has been assisting the prosecution, nor about the time spent on bail. All those things are built into the sentencing guidelines of the council, but they do not appear in the proposed new clause If the amendment was to be accepted by your Lordships’ House, very considerable injustice would be done. I also happen to think that it is wholly unnecessary.