argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): Indeed I will. The hon. Lady has, in her usual clear and incisive way, anticipated something that I was going to come to in a minute. Perhaps I will deal with it now, before I come to my list. As she says, the protection of fundamental rights is absolutely central to the Good Friday agreement, and has its own section in that agreement. The fact that the Bill will take the charter out of retained law raises concerns in this respect. The Good Friday agreement requires at least an equivalent level of protection of human rights in Ireland and Northern Ireland. If the charter is taken out of domestic law, there will be no such equivalent protection of human rights in Ireland and Northern Ireland, because once the UK withdraws from the EU, Northern Ireland will no longer benefit from the charter’s protections. This could pose significant problems for the Good Friday agreement—[Interruption.] The Solicitor General is shaking his head—
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): I beg to differ. The Solicitor General is right about the dates, but as we know, the charter is merely a codification of various general rights and principles. We have significant concerns about not incorporating it, notwithstanding the little list that the Minister is going to give us on 5 December, because with all due respect, a list prepared by a Minister does not have the same weight in a court of law as a codification that has been signed up to by a number of countries It is not just my view and that of the hon. Member for North Down (Lady Hermon) that there will be an issue for the Good Friday agreement. A briefing produced by none less than the Bingham Centre for the rule of law has raised the question of whether non-retention of the charter will impact on Northern Ireland. It has raised a series of questions, which I have just paraphrased, and I look forward to the Solicitor General answering them in more detail, rather than merely saying that there is not a problem. If I may say so, this illustrates the whole problem with the British Government’s approach to the unique situation in which Northern Ireland finds itself as a result a Brexit. There is a constant parrying, and saying, "There is not a problem, it can all be sorted out. It will all be fine." This is what is causing us problems in the negotiations with the EU27, and particularly with the Republic of Ireland. Mere platitudes and assurances are not enough. We need some detail as to why removing the charter of fundamental rights from domestic law in the United Kingdom and Northern Ireland will not pose a problem for the Good Friday agreement. However, I am sure that as we have the Solicitor General here, we will hear that detail later.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): If I may say so, I think that that is to misunderstand. I am not responsible for the false assurances that were given about the opt-out when this country signed up to the charter. They did not come from the Scottish National party, and I think it is fair to say that they have now been disowned by the Labour party. In reality, the incorporation of the charter in our law has meant enhanced direct effect. I use the term "direct effect" rather than "direct applicability" because people are able to take an action and refer to those rights in the course of their action, as we saw in the Supreme Court case last summer when a gentleman named Mr Walker was able to realise equal pension rights for his husband, despite a loophole in UK law about the equalisation of pension rights for gay couples, because the EU charter closed that loophole I want to give the House a brief list of some of the rights involved. We have heard a lot about data protection, and I know that others will want to address that issue, but it is worth remembering that the right to be forgotten on Google and other search engines—which I believe is of interest to some Members—stems from the EU charter. There is more to it than that, however. Let us look at the words of others, rather than simply accepting the argument on my say-so When the Exiting the European Union Committee took evidence on these matters, Caroline Normand, the director of policy at Which?, told us that "the Charter of Fundamental Rights contains some really important principles for consumers. The particular ones that I would highlight are the right to a high level of human health protection, which is article 35, and a right to a high level of consumer protection." She referred to the case last May—it has already been mentioned today—when the large tobacco companies brought judicial review proceedings challenging the regulations that introduced standardised packaging for tobacco products. The High Court dismissed the case, referencing the public health and other rights set out in the charter. That is a pretty meaningful right for public health in these islands Dr Charlotte O’Brien, a senior lecturer at York Law School, told the Select Committee that she had produced an approximate count for the number of times the charter was referenced in case law. She found that the charter was cited in 248 cases in England and Wales, 17 in Northern Ireland, 14 in Scotland and 98 in the European Court of Human Rights, and in 832 EU judgments, 515 of which were from the Court of Justice. Her point was that that is an awful lot of cases that would have to be read differently, and it is not clear how they are to be read differently.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): Dr O’Brien did indeed make that point, and I think that anyone interested in the detail of why removing the charter from domestic law would take away rights would be well advised to read her evidence.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): I do know that, because I have sat through cases—so, too, has the hon. and learned Gentleman, I suspect—in which case law has been cited and it is hard to see its relevance. However, Dr O’Brien made her point advisedly, having taken care to prepare for the Select Committee hearing, so it is not an isolated point—as the hon. Member for Feltham and Heston (Seema Malhotra) has indicated, there was quite a bit more to her evidence. She touched in some detail on data protection issues, but I will leave it to other Members to discuss those, because the right hon. Member for East Ham (Stephen Timms) had a very interesting exchange with her on these issues and will no doubt address them later, because he has tabled an amendment.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): The hon. and learned Gentleman is no doubt commenting on the English jurisdiction, and I cannot comment on that because I have not appeared here, except in the UK Supreme Court. But certainly in Scotland it is sometimes referred to, and sometimes it is relevant and sometimes it is not, but that applies to all references made in cases. However, to counter his point, there are hard examples of where the charter has made a huge difference. The right hon. and learned Member for Beaconsfield referred earlier to the Benkharbouche case, which concerned the rights of an employee in an embassy in London, and another against the embassy of the Republic of Sudan. The individual complained of unlawful discrimination and a breach of working time regulations, and she would have been denied remedy had it not been for the charter One may forget Dr O’Brien’s evidence about the number of references if one wants to, but look at the hard examples of where the charter has made a difference. We have also heard about the tobacco packaging legislation. There are many examples relating to data protection, perhaps the most celebrated one being the litigation of the Secretary of State for Exiting the European Union.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Mixed Topics
Joanna Catherine Cherry (Scottish National Party, Centre-left): The hon. Gentleman is absolutely right, and that point was also made by Dr O’Brien in her evidence. If, in the snapshot of retained EU law that will be taken on exit day, we are taking across all sorts of aspects of EU law that refer to the charter, it is nonsensical not to take the charter across as well, particularly if the Government insist on sticking to what they say in the explanatory notes, which is that the charter does not really add anything that is not already in the general principles. What it does add is clarity The process of leaving the European Union is already extremely complex and unpredictable, and the removal of the charter of fundamental rights simply risks creating an additional level of legal uncertainty and instability. So why do it? Why not reconsider? The Government have bigger issues on their plate, such as the Prime Minister’s spokesperson’s admission this morning that we will be in the European Court of Justice for another two years after exit day, which as I said earlier renders a lot of what we are discussing this afternoon somewhat irrelevant—at least in the short term. The Government have bigger fish to fry, so why remove the charter? Why take away from ordinary British citizens and businesspeople the right to sue to enforce their rights and to realise damages if their rights have been breached? Why do that unless it is part of a wider agenda—one bigger than Brexit—that is about rolling the United Kingdom back from its adherence to international human rights norms? The Government need to think carefully about the message they are sending out.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): Does the hon. Lady agree that it is hard to substantiate the claim that Britain leads the world in equality rights, given that we have so often had to fall back on the charter to fill gaps in our equality laws, as, for example, in the Walker case before the Supreme Court in the summer?
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): I am wondering which country the hon. and learned Gentleman is talking about, because the common-law tradition melds with the civilian tradition in Scotland. I take nothing away from his erudite explanation of the background to all this, but the point that hon. Members seek to make is that, as is the case with the Human Rights Act, having the charter of fundamental rights as part of our law gives ordinary citizens and businesses the opportunity to go to court to enforce those rights, which this Bill will take away from them.
Leaving the EU: Human Rights — House of Commons, 2017-11-16
Topic: Mixed Topics
Hannah Mary Bardell (Scottish National Party, Centre-left): When the European Union (Withdrawal) Bill returns to this House, we will debate the EU charter of fundamental rights. Will the Government support the codification of the charter into UK law following its departure from the EU, and will they support their own Back Benchers’ amendments that have cross-party support?
Leaving the EU: Human Rights — House of Commons, 2017-11-16
Topic: Mixed Topics
Patrick John Grady (Scottish National Party, Centre-left): How will leaving the European Union protect and enhance our rights, under the European convention on human rights, to free and fair elections of the legislature? Given that the vast majority of legislators in this country are not elected—they are Members of the House of Lords—are the Government confident that they will be complying with their ECHR obligations both before and after Brexit?
Leaving the EU: Human Rights — House of Commons, 2017-11-16
Topic: Civil Rights
Gavin Andrew Stuart Newlands (Scottish National Party, Centre-left): May I press the Minister following the answer that he gave to my hon. Friend the Member for Livingston (Hannah Bardell)? Last week, in front of the Exiting the European Union Committee, the Under-Secretary of State for Exiting the European Union, the hon. Member for Wycombe (Mr Baker) stated that the Government believe that the Human Rights Act can be relied on in place of the charter of fundamental rights. Does that mean that the Government are now fully committed to the retention of that Act beyond Brexit?
Child Maintenance Service — House of Commons, 2017-11-16
Topic: Mixed Topics
Philippa Whitford (Scottish National Party, Centre-left): I rise to mention the case of lady in my constituency who approached the CSA back in 2005 and was assessed as only getting £18 a week. Eventually in 2013, after multiple letters and failures, it recognised that it should have been £68 a week. By that time, though, there were nearly £20,000 of arrears. That woman has been left in debt, and until recently we were told that the arrears would be cleared over the coming 15 years. By then, she would have been left servicing debt for 27 years. We have managed to get it sorted, but the idea that someone could write back to a woman who has raised children for 12 years on her own and say, "Don’t worry. In 15 years, it’ll be cleared," shows a lack of comprehension of the real world.
Leaving the EU: Immigration Rules — House of Commons, 2017-11-20
Topic: Mixed Topics
Joanna Catherine Cherry (Scottish National Party, Centre-left): Thank you, Mr Speaker. May I add my good wishes to Her Majesty the Queen and the Duke of Edinburgh, on my behalf and that of my SNP colleagues, on the occasion of their 70th wedding anniversary? Data analysis submitted to the MAC by the Scottish Government shows that in Scotland EU nationals who work in Scotland contribute an average of £34,400 each per annum to gross domestic product—that is more than £4.4 billion a year. Does the Home Secretary agree that that evidence shows that Brexit is putting a vital contribution to Scotland’s economy at risk?
Leaving the EU: Immigration Rules — House of Commons, 2017-11-20
Topic: Immigration
Joanna Catherine Cherry (Scottish National Party, Centre-left): Scotland’s demographic profile is very different from that of the rest of the UK, because over the next 10 years Scotland’s population growth is projected to come entirely—100%—from migration, whereas the comparator figure for the UK is 58%. Will the Home Secretary look carefully at supporting the devolution of immigration to Scotland, in response to this strong evidence of divergence and to address concerns such as those raised by the hon. Member for Dumfries and Galloway (Mr Jack)?
Duties of Customs — House of Commons, 2017-11-20
Topic: Other
Kirsty Ann Blackman (Scottish National Party, Centre-left): I am loth to interrupt the hon. Gentleman’s excellent speech, but I am slightly concerned that he keeps talking about the views of experts. We know that Government Members are not keen on the view of experts. Does he think they might listen this time?
Duties of Customs — House of Commons, 2017-11-20
Topic: Mixed Topics
Peter Grant (Scottish National Party, Centre-left): Does the right hon. Gentleman also agree that if the Government were to have a change of heart and agreed to ask to remain in the single market, that would take out two of the three stumbling-blocks? The rights of EU and UK citizens would be solved immediately, and the Irish question, although not completely answered, would be made a lot more soluble. We would then be left with the financial settlement as the only stumbling block to getting on to talk about trade deals, which is what we want to do.
Duties of Customs — House of Commons, 2017-11-20
Topic: Immigration
Alison Emily Thewliss (Scottish National Party, Centre-left): The right hon. Gentleman is making a good point about border crossings. I have spoken to someone who has the border going through their kitchen. Does he agree that that would pose a practical difficulty for them, should they wish to get to their cake and eat it?
Workers’ Rights — House of Commons, 2017-11-02
Topic: Civil Rights
Peter Grant (Scottish National Party, Centre-left): As well as the potential threat to workers’ rights, there is a much wider threat in the Bill with the removal of the EU charter of fundamental rights from domestic legislation. Last week, the junior Minister was unable to give the Select Committee an example of anyone whose interests would be damaged by retaining that charter in domestic legislation. Will the Secretary of State tell us whose interests will be damaged if we just leave that charter in place?
Scotland — House of Commons, 2017-11-02
Topic: Mixed Topics
Questions: What assessment he has made of the economic effect on Scotland in the event of the UK leaving the EU without a withdrawal agreement.; What assessment he has made of the economic effect on Scotland in the event of the UK leaving the EU without a withdrawal agreement.
Martyn Day (Scottish National Party, Centre-left): A London School of Economics report concluded that Scotland faces losing £30 billion in the event of a hard Brexit. Will the Minister advise how that compares with the Government’s own Brexit impact assessment for Scotland, and when will it be published?
Topical Questions — House of Commons, 2017-11-02
Topic: Immigration
Questions: Does the Secretary of State agree that the regions, particularly the Black country, which I represent, need a voice in the negotiations, so that the voice of business in the Black country can be firmly put on the agenda in terms of the priorities of a growing manufacturing area seeing a great revival in employment and growth?; Earlier this week, Calum Steele, the general secretary of the Scottish Police Federation, said that a failure to be a part of Europol after Brexit will hinder our ability to investigate horrendous crimes such as people trafficking, drug dealing and prostitution. Obviously, the Secretary of State will recognise that organised crime does not respect national borders, so will he categorically assure the Scottish Police Federation and this House that co-operation through Europol will continue after Brexit?; Given the House’s clear expression yesterday of its will that the sectoral analyses should be provided to the Select Committee, does the Secretary of State agree with the hon. Member for North East Somerset (Mr Rees-Mogg), who said that the Government“must publish these papers to the Brexit Select Committee in full”?—[Official Report, 1 November 2017; Vol. 630, c. 922.]Or does he not trust the Select Committee?; Ministers have kindly committed today to coming back to the House with their response to last night’s vote “in due course”. We know that “shortly” meant four months. Will Ministers confirm what they mean by “in due course”, and if they do not know yet, when will they?; Will the Secretary of State undertake to publish a list of all the regulatory and supervisory agencies that currently operate under the auspices of the European Union that he believes will need to be replicated by the United Kingdom on the day of Brexit?; Speaking on behalf of small businesses in my constituency, let me ask the Minister what plans his Department has to protect supply chain small and medium-sized enterprises when the UK leaves the EU.; The Secretary of State will be aware that a series of amendments have been tabled to the Bill to protect the place of Scotland and Wales in the constitutional settlement as it stands. Has he had any representations from the Scottish or Welsh Conservative leaders about areas in the Bill that need to be changed to protect the place of Scotland and Wales?; Again today, the Government have completely failed to understand the urgent need for a transition agreement as soon as possible. Apart from being out of the European Commission, the Council and the Parliament, will the Secretary of State say which other EU institutions will not be included in a transition deal?
Alison Emily Thewliss (Scottish National Party, Centre-left): The young people of the Glasgow youth council are applying for Erasmus plus funding. I am sure that the Secretary of State would like to give them all his best wishes on their application. They are applying as part of the Year of Young People 2018. How will he ensure that that generation is not the last generation to benefit from freedom of movement across Europe?
Catalonia — House of Commons, 2017-11-02
Topic: Civil Rights
Peter Grant (Scottish National Party, Centre-left): Will the Minister accept that the most fundamental of all principles is the right of the people to determine their own future? Does he not recall that the unilateral declarations of independence by the United States of America, the Republic of Ireland, Norway and Slovenia were all illegal and unconstitutional, and that the actions of Gandhi, Mandela and many others were also illegal and unconstitutional? Does he agree that if the law makes it illegal to express an opinion, the law must be changed, not the people How can the Minister say that Spain is upholding the rule of law when there is conclusive evidence of the Spanish state sending people into demonstrations to incite violence against the police and of excessive police brutality against unarmed citizens doing nothing other than attempting to express a view? How can it be the rule of law to threaten to arrest a blogger who blogs an opinion that the Prime Minister or the King do not agree with? Will he accept that if this had happened in other countries outside the EU the UK would already be making representations that it had to stop, because the UK takes pride in not allowing national borders to stand in the way of respect for fundamental human rights? Will the Government agree to put pressure on the EU to offer to act as a mediator so that the wishes of the people of Catalonia and of Spain can be resolved in a way that does not involve any further unlawful acts by the Spanish state?
Catalonia — House of Commons, 2017-11-02
Topic: Civil Rights
Gavin Andrew Stuart Newlands (Scottish National Party, Centre-left): The Minister and the Government like to hide behind Spain’s rule of law and its constitution. How would he respond to Alfred de Zayas, a UN expert, who has said that Spain is in breach of several articles—relating to human rights—of the international covenant on civil and political rights, which is itself enshrined in the Spanish constitution? The Spanish Government are flouting the rule of law and their own constitution.
Sentencing — House of Commons, 2017-11-02
Topic: Civil Rights
Joanna Catherine Cherry (Scottish National Party, Centre-left): I thank the Secretary of State for his statement and for writing to my colleague, the Scottish Government’s Cabinet Secretary for Justice, to inform him of his plans regarding the UK parliamentary franchise This is a difficult matter, and I welcome the fact that the UK Government are taking steps to respect the rulings of the European Court of Human Rights. Many people across the UK at first disagreed with that decision, but at Justice questions earlier this week we heard some eloquent explanations of why it is appropriate for the Government to grasp the nettle The Scottish Parliament’s Equalities and Human Rights Committee is currently looking at this very issue, taking evidence and examining practical points about whether devolved powers could be used in relation to the franchise for Scottish Parliament elections. The Scottish Government will respond in due course. Will the Secretary of State confirm that the UK will work with the Scottish Government to reach the cross-party agreement required for this sort of reform?