argyrotsipi/train-dataset huggingface dataset:
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-15
Topic: Social Welfare
James O’Shaughnessy (Conservative, Centre-right): My Lords, I want first to thank noble Lords for their amendments and for their contributions to the debate. Reflecting on our first day in Committee and on Second Reading, it seems to me that an enormous number of the questions with which we are dealing are about the creation or definition of a new role for the care home manager—a number of the amendments that we will consider today deal specifically with it. I shall deal with those and the many questions that noble Lords have asked Given that it has been more than a month since we had the first day in Committee, I would like to reflect on some of the other issues that were discussed on that first day to demonstrate that there has been some progress. I will also explain why, although we are undoubtedly dealing with some difficult and complex issues that we know we have to get right, I am confident that if we work together, we can do that. I am quickly going to pick three issues in respect of which there has been some progress The first issue that was raised is extending the scope of the Bill to include 16 and 17 year-olds. I said in Committee that we would look at that and I can tell noble Lords that we will bring forward proposals to include that group in the scheme. I will also reflect on the points made by the noble Lord, Lord Hunt, and the noble Baronesses, Lady Thornton, Lady Finlay and Lady Barker, about the role of the cared-for person being front and centre. In fact, that was the one obligation to consult that was not translated from the Law Commission report into the Bill. Clearly, if we want to get the improvements that we want to see, it is essential that that person’s wishes and feelings about proposed arrangements be at the heart of the model, so we will ensure that the Bill reflects this.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-15
Topic: Social Welfare
James O’Shaughnessy (Conservative, Centre-right): As the noble Baroness says, there are conflicts of interest of various kinds; the important point is that there are protections against any conflict of interest. Typically, those will be through the regulatory authorities, whether the professional bodies or the CQC, which of course inspects all care homes and has found that 80% of them provide good or outstanding care. I believe that there are systems within the current regulatory framework that will provide for that oversight and prevent conflicts of interest. There is also the fact that the responsible body will carry out the reviews and that there is an opportunity to refer to an AMCP.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-15
Topic: Social Welfare
James O’Shaughnessy (Conservative, Centre-right): We believe that case law does establish that suitably qualified people need to be appointed. Clearly that is something we need to continue to discuss to persuade the noble Baroness that that is the case, but that is our understanding. As she pointed out, "suitably qualified" can include medical and other qualifications On care home managers’ capacity, they are of course carrying out some assessments. The intention is they will carry out more assessments. I agree with the noble Baroness on that point. The point that the noble Baronesses, Lady Barker and Lady Thornton, raised was about the capability and capacity of this group of people to carry out these roles. On our previous day in Committee I committed to explain how we would ensure that that group of people had the requisite training and skills to carry out these kinds of assessments The noble Baroness made a point about weakened accessed. I want to update the House on our thinking about making sure that the person is consulted. We are trying to create a more proportionate system such that, where all those concerned with the care of a person are content that the arrangements have been properly put in place, it does not need to be escalated and reviewed by an AMCP or similar person. The problem we have at the moment is that the system takes every decision to the highest possible level. This is not about weakening access but about trying to have a proportionate system and also about making sure—we will debate this further tonight—that at every stage there are the right opportunities to seek advocacy support and to refer concerns so that an AMCP or responsible body can intervene and review a case if necessary. Unless we find a way to deliver a more proportionate system we will simply be re-enacting the system we have now, which is not working. This is why I am so keen to work with noble Lords to make sure that we can determine the proper role and responsibilities of, and checks and balances on, care home managers so that we can get the system right and deliver a reform that saves money, enables more people to have their cases reviewed and enables us to make sure that people are protected, which is what we want to do.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-15
Topic: Social Welfare
James O’Shaughnessy (Conservative, Centre-right): I say to the noble Lord, as I have said to all noble Lords from the beginning, that we are determined to reform the system so that it delivers what it ought to for people who are being deprived of their liberty. The Government believe that the care home manager, the person ultimately responsible for the care planning and delivery for individuals under their care, must have a central role in arranging assessments when someone has been deprived of their liberty I say to the Committee that, given that so much of the success of the Bill will revolve around our ability to define this role properly and to ensure that there are appropriate checks and balances and appropriate training so that it delivers the capacity and capability that noble Lords have talked about, I want to work with stakeholders and noble Lords to ensure that we can do that. I think that is both possible and desirable, but I also recognise that it is not something we have yet achieved. I hope that as we go through our deliberations today and next week, and as we look forward to Report, that is something that we will be able to deal with so that the consensus that the noble Lord talks about currently being absent is something that we can build. On that basis, I hope the noble Baroness will feel able to withdraw her amendment.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-15
Topic: Social Welfare
James O’Shaughnessy (Conservative, Centre-right): I am grateful to Members of the Committee for their sympathy and for giving me breathing space. I was flustered by flipping forward and almost missing out this group of amendments As the noble Baroness, Lady Finlay, said, the issue of concern is the distinction between the person who is responsible for somebody’s care and the person who manages a care home—they are of course different. What we are trying to get right here—I understand that this is what the amendments are exploring—are the relevant responsibilities of those people, bearing in mind that we want to integrate liberty protection safeguards into the process of care planning The noble Baroness, Lady Barker, knows huge amounts about this topic and I very much respect her opinion. She pointed out that DoLS assessments are different from assessments under the Care Act. There are some overlaps. As she will know, there are similar questions or parts in both assessments concerning consent, for example, but she is right that they are different types of assessments. I want to explore whether her or indeed the Committee’s concern is that those assessments should not be carried out by care home managers or whether—a more positive view—they should be carried out by certain types of professional. Those are subtly different points. Perhaps I may give her the opportunity to respond in a moment, as I am really keen to explore this matter Clearly, we are trying to make sure that those who have the professional expertise to carry out certain types of assessments do so. Equally, we are trying to make sure that a co-ordinating body has responsibility for ensuring that these assessments are carried out in a proportionate way and are included with care assessments in an overall care plan, with people being answerable to the relevant regulatory bodies. If the noble Baroness would not mind, I would be grateful if she, along with other noble Lords, gave her perspective on that. I want to make sure that we determine the appropriate role of the care home manager.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-15
Topic: Social Welfare
James O’Shaughnessy (Conservative, Centre-right): That is helpful, and I am sure the noble Baroness, Lady Finlay, will respond to those comments from her perspective. The noble Baroness goes to the point of the noble Baroness, Lady Tyler, about making sure we get the definition of the role of the care home manager right and the various types of case studies. As the noble Baroness said, there are self-funders, those in local authority funded homes, those in homes funded by the NHS and so forth. In a sense, that is the point I was trying to make in the first group of amendments as I realise that we have not clarified that to a sufficient degree, so as to put people’s minds at ease that what we are proposing is appropriate and deals with people’s concerns, or exposes those concerns as being well-founded and then enables us to do something about it by the time we come back on Report I apologise again for the false start in my response. However, this has been a useful debate and I am keen to hear the reflections of the noble Baroness, Lady Finlay, as, I hope, she withdraws her amendment.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): My Lords, I thank the noble Baroness and the noble Lord for their comments. I reassure both of them that we have made real progress on the political declaration on our future relationship. We have broad agreement, as the Statement set out, on its scope and structure, and progress on specific issues such as security, transport and services. The Prime Minister has been very clear that we will publish a joint political declaration on the future relationship to Parliament alongside the withdrawal agreement, because we are extremely conscious that Parliament will expect to be able to look at those two documents together. That remains our aim and our commitment We want to get on with securing this deal as planned, and this week’s Council will be an important step. The Prime Minister is looking to continue negotiations as planned in November, and the noble Baroness and noble Lord do not have to stress to me the consciousness of the amount of time we have and the fact that Parliament will want to properly scrutinise the withdrawal Bill—and obviously there will be a vote in the other place. I am extremely cognisant of that, and I hope that they know me well enough to know that I am making those points very strongly within the Cabinet. Indeed, the Prime Minister is making those points strongly with our EU partners, because the European Union itself has deadlines through its Parliament. So we are aware of that In relation to Northern Ireland, as the Statement made clear, we are committed to ensuring that our future economic partnership should provide the solutions to the unique circumstances of Northern Ireland. We want a future relationship to be in place by the end of the implementation period, but we must accept that there is a chance that there may be a gap. The Prime Minister has been extremely clear: we do not want to use the backstop at all. We think that it is possible to work out the details of a UK-wide customs solution, which is why we will continue to work through our negotiations to move forward on it, because we believe that it will be possible within the timeframe.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Peter Lilley (Conservative, Centre-right): My Lords, the Government have repeatedly promised they will not enter into a legally binding withdrawal agreement that commits us to giving away £40 billion of public money without a detailed political statement committing us to our future trading relationship with Europe. Yet the Prime Minister’s Statement contains nothing on that. Can my noble friend reassure me this is not a hyped-up concern about the Irish border and the squared back-ups as a kind of bait and switch manoeuvre to distract attention from the fact we are giving away money with nothing in return?
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): I hope I made clear in my answer to the noble Baroness and the noble Lord that the Prime Minister has been clear: we will be publishing a joint political declaration at the time of the withdrawal agreement, because we completely understand Parliament will want to see the two documents together.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Christopher Samuel Tugendhat (Conservative, Centre-right): My Lords, I am encouraged by the Prime Minister’s Statement, and very much agree with the line she has put forward. But does the Leader of the House understand there is great concern, not so much about the position the Prime Minister is taking up, but about whether the Cabinet is capable of agreeing on the position the Prime Minister brings back from Brussels? This is the nub of the concern: it is not what the Prime Minister’s position is, but whether her colleagues are capable of agreeing. At a time when the Leader of the House and the Prime Minister are calling for support for her negotiating position, it really is intolerable that Cabinet Ministers and ex-Cabinet Ministers should be briefing the press in a manner more disloyal than any I can remember.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): I am afraid I disagree with the right reverend Prelate. We have made real progress on the withdrawal agreement and the political declaration on our future relationship. We have been clear, as we were in the Statement, that there are a couple of outstanding issues that we need to resolve, but we are moving forward and remain confident we will get a good deal for both sides.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): We have been consistently clear that we are committed to avoiding a hard border between Northern Ireland and the Republic of Ireland. That is not new. We have been consistently clear we want to preserve the economic integrity of the UK in all scenarios. That is not new. That is what we have been saying to the EU throughout. And we have been clear from the beginning: the backstop proposal is not acceptable to us. As the Statement makes clear, the EU have responded positively by agreeing to explore a UK-wide customs solution, and that is what we will continue to discuss over the coming days and weeks.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
James Bridges (Conservative, Centre-right): My Lords, I agree with the sentiments expressed by the Prime Minister in her Statement this afternoon about maintaining the integrity of the United Kingdom. However, referring back to the statement agreed—I understood—by both the European Union and the UK Government in December, it said in paragraph 49: "In the absence of agreed solutions"— that is, as regards the Irish border— "the United Kingdom will maintain full alignment with those rules of the Internal Market and the Customs Union which, now or in the future, support North-South cooperation, the all-island economy and the protection of the 1998 Agreement" In light of the Statement this afternoon, am I to take it the UK Government no longer stand by that statement?
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): No, we are committed to ensuring that our future economic partnership should provide solutions to the unique circumstances of Northern Ireland and that the future relationship is in place by the end of the implementation period. We accept, however, that there is a chance of a gap, which is why the backstop is, in effect, an insurance policy for the people of Northern Ireland and the Republic of Ireland.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): The whole Government are clear that we want to protect the integrity of the United Kingdom in all scenarios. The House of Commons will indeed have a vote. We believe that we will bring forward a deal that the Commons will be able to support, but it will be for it to make that choice.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): As I said, we believe we are not too far apart. We have obviously been discussing some key issues today. We believe we will still get a good deal, but we have been working to prepare for a no-deal scenario, as the EU has and any responsible Government would. We have published over 106 specific technical notices to help businesses, citizens and consumers prepare for no deal. There is work going across government, but I repeat that a good deal for the EU and the UK remains our focus and we believe that we will get that deal.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): As we have said, we do not want to see the backstop used at all. We anticipate that we will be able to move seamlessly from the implementation period through to our future partnership but, to have this insurance policy, we need a backstop. We have been very clear about what that backstop must not do. We have put forward proposals to make sure that we can offer a solution to that and we will continue to discuss with the EU how to ensure that we achieve that outcome.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): I am afraid that I obviously take a very different view from your Lordships. I anticipate that we will get a deal and we will continue to honour the commitments we have made to EU citizens. The Prime Minister has also been clear that, in the event of no deal, we want EU citizens to stay. We have made that offer already. We have said that we will look at the assurances that we can give and we will continue to do so. I reiterate: we believe we will get a deal.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): The noble Lord is right: we are entering the endgame of the negotiations and things are obviously getting more fraught. We are cognisant of and understand the timeframes that both sides are working on. That is why intensive negotiations are going on. However, we have been very clear that we will be leaving on 29 March. We will have an implementation period that we see ending in December 2020. We anticipate and are working towards a new future partnership agreement after that.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Michael John Dobbs (Conservative, Centre-right): My Lords, I am delighted to hear that we are making real progress, we are moving forward and we are not far apart. These are words of great encouragement. To avoid it looking as though this is a game being played by elites in Brussels, London and elsewhere, and given that we are "not far apart", will the Government consider publishing the details of that which has already been agreed so that everybody—not just this House, but the people in the country whose futures are at stake—know precisely what is on offer.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): My noble friend will be aware that various texts have been published on things that are agreed. However, we are still negotiating and it is not normal practice to publish a live text that is still under review as we work on it.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): The noble Baroness is right. She has pushed me on this point various ways and is completely correct. The last time she asked this question, it was still a matter for negotiation. I have to confess that I do not know whether that is still the case—whether it has been firmed down or is still within the bounds of negotiation, as it was when she last asked me the question. I will go back and check on that and will write to her about the exact position. I am not sure if things have moved on since our last discussion.
Brexit: Negotiations — House of Lords, 2018-10-15
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): The noble Lord will be aware that the primary forum for engagement with Gibraltar is the Joint Ministerial Council, which has been meeting regularly. The Government of Gibraltar have been actively involved in these meetings and we are working closely with them on the practical implications arising from our exit. Those discussions are continuing positively.
Civil Partnership Act 2004 (Amendment) (Sibling Couples) Bill [HL] — House of Lords, 2018-07-20
Topic: Macroeconomics
Archibald Gavin Hamilton (Conservative, Centre-right): My Lords, I shall follow my noble friend in the gap and will not detain noble Lords for very long. I support my noble friend Lord Lexden on this, but I shall speak about one thing: money. I do not think this is anything to do with the Home Office. My noble friend on the Front Bench should not be answering this debate. It should be answered by a Treasury Minister because this is all about inheritance tax and the loss that the Treasury perceives that it is going to take if it were to change the legislation on this subject I would like the Minister to undertake to write to me calculating the amount of money that is saved by daughters and sisters looking after their siblings and their parents, living in their homes and not putting that burden on the taxpayer. We always hear one side of the profit-and-loss account from the Treasury—what it will cost it in terms of loss of inheritance tax—but we never hear the other side of that calculation. This is all about money; it is nothing about humanity. If we are going to talk about money and are to make a balanced judgment, let us hear both sides of the equation because we should consider this as a Treasury matter, not one for the Home Office.