argyrotsipi/train-dataset huggingface dataset:
Judicial Review and Courts Bill — House of Lords, 2022-02-24
Topic: Law and Crime
Frederick Ponsonby (Labour, Centre-left): My Lords, I thank all noble Lords who have spoken in this debate. I have to admit that Amendment 54 provoked more comment than I was anticipating. I particularly thank my noble and learned friend Lord Falconer for his observations about the importance of local justice areas, and my noble friend Lady Whitaker for her experience of local justice areas. The same point was made by the noble and learned Lord, Lord Mackay I understand that there needs to be a balance between getting rid of artificial boundaries and recognising the importance of locality. While the point made by the noble Lord, Lord Beith, about rural local justice areas is absolutely right, where people have to travel a great distance, in a big conurbation such as London I personally feel very much connected to the area where I sit as a magistrate I want to add one extra point to this debate, which I understand will be going on, about the importance of the pastoral role of the Bench chairman. I sit as a chairman for the Greater London Family Panel, and quite literally every day I deal with pastoral matters for my magistrate colleagues. It is a very important role and one that my colleagues appreciate. I think it is important that that role should continue in some way, because it is a way of maintaining the morale of magistrates within a particular area. I beg leave to withdraw the amendment.
Judicial Review and Courts Bill — House of Lords, 2022-02-24
Topic: Law and Crime
Frederick Ponsonby (Labour, Centre-left): My Lords, in this group of amendments we are dealing with offences triable either way and determining the mode of trial. I will go through all the amendments one by one and then make some rounding-up comments at the end In Amendment 31, the provisions in Clause 6 would apply only to persons charged with an offence who had received the advice of a legal representative prior to submitting a plea. In Amendment 32, the provisions in Clause 6 would apply only if the court had been provided with a physical and mental health of the accused, confirming that the written procedure would not impede the ability of the accused to understand or effectively participate in proceedings Amendment 33 would ensure that an accused person was informed about not only the consequences of giving or failing to give a written indication of a plea but the potential legal and practical consequences of pleading guilty. Amendment 34 would remove cases involving children and young people from the provisions of Clause 9. In Amendment 35, Clauses 6 to 9 would expire two years from when the Bill was passed, unless Parliament passed a resolution to retain those clauses.
Judicial Review and Courts Bill — House of Lords, 2022-02-24
Topic: Law and Crime
Janet Alison Whitaker (Labour, Centre-left): My Lords, I support all the amendments in this group. My support comes from my experience as a magistrate, and I appreciate the endorsements of the role of the magistrate from all around the Committee. As those who frequent magistrates’ courts will know, they are places where invariably vulnerable and some other defendants are simply not able to understand or cope with the requirements of the legal system, as my noble friend Lord Ponsonby described, so effectively they do not have a fair trial. With regard to increasing the powers of magistrates in Clause 13, magistrates too are not experts, and that is partly the point of them. In my view, the safeguards in Amendments 35 and 36 would be very useful against inadvertent injustice.
Judicial Review and Courts Bill — House of Lords, 2022-02-24
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): My Lords, I have very considerable concerns, which have also been expressed by the Delegated Powers Committee, about the Secretary of State being able in effect to double the length of time that a prison sentence can last in relation to both summary offences and either-way offences. How long a person goes to prison for as a result of a magistrates’ court sentence is a considerably important factor in determining which cases are tried by a jury and which are tried by the magistrates’ court. If there is to be a change in the powers of the magistrates’ court of this dimension, it should always be done by primary legislation and not by regulatory powers. I oppose the proposal that the Secretary of State could in effect double the sentencing power of the magistrates’ court and think that should be left to primary legislation. For that reason, I support the amendment tabled by the noble Baroness, Lady Chakrabarti.
Judicial Review and Courts Bill — House of Lords, 2022-02-24
Topic: Law and Crime
Frederick Ponsonby (Labour, Centre-left): My Lords, I find myself in a somewhat invidious situation regarding Amendment 36. I thank the Minister for defending the position of the Government and I speak against my noble friends who questioned the increase in magistrates’ sentencing powers. Having said that, I accept the more general point—or more principled point, if I can put it like that—of the noble Lords, Lord Deben and Lord Marks, and my noble and learned friend Lord Falconer, that the changes should be done by primary legislation rather than in the way in which the Government are proposing to do it here I shall just make a couple of points regarding magistrates’ sentencing powers. Magistrates in youth courts sentence up to two years. I have done that once in 12 years as a youth magistrate. Magistrates in adult courts, for more than one either-way offence, can currently sentence up to 12 months. The difference is that it is on multiple offences that you get to the 12-month maximum, rather than on the single offence, which is the proposed amendment. I do that very infrequently: I could probably count on the fingers of one hand in 14 years as a magistrate when I have sentenced 12 months on multiple charges. It really does not happen that often. Nevertheless, the Minister made a fair point when he said that the Government will monitor the impact of this proposed change. I am sure that people will keep a very close eye on whether these sentencing powers are being used in any inappropriate way, but I really cannot see it happening. Nevertheless, I am happy for the Government to monitor the change. I beg leave to withdraw Amendment 31.
Judicial Review and Courts Bill — House of Lords, 2022-02-24
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): In relation to that point, it is absolutely plain that the wording of Section 19 applies to any sort of civil proceedings, including family proceedings. So it is plainly envisaged that this goes beyond simply money claims. Can the Minister describe the sorts of family proceedings that will be dealt with by the Online Procedure Rules and online processes? In particular, is it envisaged that this is to be restricted to the actual process, for example of getting a divorce or judicial separation, as opposed to proceedings that relate to the division of assets upon judicial separation or divorce, proceedings in relation to wilful neglect to maintain and any proceedings—in both private and public law—relating to children Secondly, and separately, I want to make a much more minor point. I understand that one of the things the Master of the Rolls has in mind in relation to Amendment 38 is that dispute resolution services must be used before, or as part of, the online process. The services envisaged by the amendment will themselves be online, so purveyors of online dispute resolution services will become quite significant players in the civil justice system, and perhaps in the family justice system as well. The rules may include a provision that the goodness or quality of those services can be "certified by a particular person as complying with particular standards." To be helpful, in a way, the amendment says that "‘particular person’ and ‘particular standards’ include, respectively, a person of a particular description and standards of a particular description." Can the Minister indicate who will determine whether the online dispute resolution services, which may become something that you as a litigant must engage with, meet an adequate standard? Will it be a judge, an official or some independent body? I would be interested to know what the Government’s intentions are in relation to that.
Judicial Review and Courts Bill — House of Lords, 2022-02-24
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): I am increasingly bewildered by these answers. I have obviously misunderstood this clause, but it says that the rules "may authorise or require the parties … to participate in hearings, including the hearing at which the proceedings are disposed of, by electronic means." I thought that meant you could have rules that said this sort of case has to be dealt with at an electronic hearing, which does not give the judge a discretion. Is it the position that this is all subject to an overarching discretion in a judge to say that the hearing can be dealt with in person?
Judicial Review and Courts Bill — House of Lords, 2022-02-24
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): The relative of the noble Lord, Lord Thomas of Gresford, is the proof that we all want. We are also aware that the judges will have an incredibly important role in determining the rules. The fact that the judges will have an important role in determining the rules does not mean that Ministers should not tell Parliament what the Online Procedure Rule Committee has in mind. We should expect to be told, for example in relation to money claims, whether, if £25,000 is okay online, £25 million is okay online and required to be online. If that is the vision, tell us, so that Parliament can properly debate it In relation to family matters, I am hugely unimpressed by the Minister referring to consent orders, because almost every consent order now is already dealt with online, in the sense that it will be dealt with by emails. We should be told if it will go beyond the sorts of things that I referred to earlier—not because we will necessarily object to it but because we can then debate it. Of course, we are as keen as he is to go towards the future, but we would like to know what the Government’s view of the future is. If the Minister wants to write to us, that is fine, but on Report this might be quite important I will say just one more thing. I probably missed it, but I am keen to know who these people were who were going to approve the dispute resolution alternatives to court that are referred to in Amendment 38.
Judicial Review and Courts Bill — House of Lords, 2022-02-24
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): I strongly agree with the noble Lord, Lord Beith, but I understand that he does not contest any of the propositions put forward by my noble friend Lady Chakrabarti and the noble Lord, Lord Thomas of Gresford. They are dealing with cases where people are desperate to find out what happened and want a proper hearing I underline the point made by the noble Lord, Lord Thomas of Gresford, which is that the key issue here will be in the next group dealing with the provision of legal aid, where appropriate, in cases where there is a dispute. We are not talking about that now, but it is vital to there being a level playing field This group of amendments is, in effect, trying to bring the coronial system into line with its current role to allow a proper contested hearing, where appropriate, if there is an issue about the cause of death, rather than it being the administrative process it previously was. There needs to be that change The biggest example of why these amendments are right and the Government’s position is wrong is in the amendment proposed by my noble friend Lady Chakrabarti on what is currently Clause 38. Clause 38 amends Section 4 of the Coroners and Justice Act 2009. The 2009 Act allows the coroner to stop an investigation where the cause of death becomes clear after a post-mortem examination. Section 4 also provides that the coroner can, if asked, give reasons after he has discontinued the investigation. That is not apparent in this Bill, but comes only in Section 4 of the 2009 Act Based on not just a post-mortem examination but any other matter the coroner thinks relevant, if he is satisfied that the cause of death has become so clear that he thinks an inquest is no longer appropriate, he can simply stop the whole investigation, without reference to the family, even if they are desperate for an inquest. The coroner’s only obligation is to explain why he or she did that after the event. That is the effect of Clause 38, so my noble friend Lady Chakrabarti is absolutely right to say there should be safeguards, and the key safeguard is that proposed in Amendment 40, subsection (4)(2A)(d): "the coroner has invited and considered representations from any interested person", which would include the family. Why do the Government not think there should be such a requirement? What is the purpose of a justice system that can reach a decision without hearing from interested parties, and whose only obligation is to explain why it took that decision after it has been made, without giving the family the opportunity to comment?
Judicial Review and Courts Bill — House of Lords, 2022-02-24
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): Whether the process is inquisitorial or adversarial, surely you are entitled to basic fairness. This means you are entitled to having a say on what is going on and an opportunity to make proper representations. This is the case whether you are either a family member saying, for example, that your loved one is the victim of a criminal offence by the police, or you are a police officer being accused of manslaughter. Indeed, the Minister has just said that there would be a coroner at the inquest. Therefore, I am not sure why—whether it is inquisitorial or adversarial —you are to be deprived of that basic fairness.
Judicial Review and Courts Bill — House of Lords, 2022-02-24
Topic: Law and Crime
Douglas Hacking (Labour, Centre-left): My Lords, if noble Lords will permit me, I would like to make a short intervention. I have not taken part at all in the debates on Part 2 because I wanted to find my feet more in this House. I do so as a member of the council of Justice and, until recently, president of the Civil Court Users Association. I certainly intend to get further involved on Part 2 when we get to Report To go back to what the noble Lord, Lord Thomas of Gresford, said, in the mists of time I was called to the Bar in 1963, and in the 1960s and 1970s, legal aid was one of the most socially important provisions that the Labour Government of 1945-51 had brought in. The other one, of course, was the National Health Service and it has been treading backwards ever since that Labour Government went out of power. It is very sad. I remember sitting on a lot of legal aid cases. The problem with legal aid cases was not the lack of spread of legal aid; it was the slowness of the fees coming in. Sometimes they took 18 months or two years to come in, but they did come in and they were very highly supportive of those involved in legal aid. As we see now, particularly in our discussions of coroners, legal aid is no longer supplying the social need that it set out to do, successfully, in 1945. It gets ever more depressing that there is not further support or further money available to support legal aid now, in our present age of the 2020s.
Ukraine — House of Lords, 2022-02-24
Topic: International Affairs
George Robertson (Labour, Centre-left): My Lords, I am sure I was not the only one waking up this morning to listen to the news who was not reminded of that similar day in 1968 when we woke up to hear the news that Soviet tanks had crushed the velvet revolution in Czechoslovakia. In May 2002, when I chaired the NATO-Russia summit with President Putin as an equal member around that table, I thought that I had finally exorcised the ghosts of 1968. Only hours later, I stood on a platform beside President Putin at a press conference when he said these words: "Ukraine is an independent, sovereign nation state and it will choose its own path to peace and security." Now, remarkably, the same man says that Ukraine does not exist as a state, does not deserve to be considered as one and that its democracy will be crushed. The leader of the Russian people—a people to whom we owe so much for our liberty today—is taking his country down the road to pariah status. The Russian people do not deserve this.
Ukraine — House of Lords, 2022-02-24
Topic: International Affairs
Dave Watts (Labour, Centre-left): My Lords, I welcome the Government’s announcement today on the measures that they are going to take, but Putin will not just sit there; he will probably use cyberattacks as a way of hitting back at the West. Are the Government prepared to do the same back to him if that happens? Unless we do that, we will see continual cyberattacks. We need to make sure that he understands the consequences of what he intends to do.
Ukraine — House of Lords, 2022-02-24
Topic: International Affairs
Stephen Benn (Labour, Centre-left): My Lords, like my noble friend Lord Robertson, I well remember waking up in August 1968, not least because it was my birthday and, instead of being wished a happy birthday, I was told that the Russians had invaded Czechoslovakia. I want to ask one question arising out of the Statement. It says that the UK now has "a clear mission: diplomatically, politically, economically—and eventually, militarily" Can I invite the Leader of the House to explain the use of the word "militarily" in that context? Does it imply that the UK will now continue to supply arms to Ukraine?
Elections Bill — House of Lords, 2022-02-23
Topic: Government Operations
Bruce Joseph Grocott (Labour, Centre-left): My Lords, I happily add my thanks to the noble Lord, Lord Moore, for a splendid opening speech. I thank him most of all for making us laugh—I think that might be the last laugh we get with this Bill I had hoped that any attempt by this Government to make important changes to our constitution would be conducted with extreme caution and with humility. I say this because, during this parliamentary Session, under this Conservative Government, we have spent a good deal of time repairing the constitutional damage inflicted by the Conservative Government that was in power 10 years ago I refer, first, to the cynical moves in the Parliamentary Voting System and Constituencies Act 2011, when at a stroke the Government planned to reduce the number of MPs from 650 to 60.
Passenger, Crew and Service Information (Civil Penalties) (Amendment) Regulations 2022 — House of Lords, 2022-02-23
Topic: Transportation
Anthony Gueterbock (Labour, Centre-left): At the end insert "but that this House regrets that they remove the sunset clause from the 2015 Regulations, and therefore make permanent the civil penalties of £10,000 per offence for rail, air and ferry companies that fail to send accurate and timely information on passengers, crew and services to the Home Office before their arrival or departure from the United Kingdom; and believes that compliance can be achieved without the need for this penalty".
Passenger, Crew and Service Information (Civil Penalties) (Amendment) Regulations 2022 — House of Lords, 2022-02-23
Topic: Law and Crime
Frederick Ponsonby (Labour, Centre-left): My Lords, the Labour Party supported the original regulations, which introduced the civil penalty. They are proportionate, reasonable and in the national interest. We support those existing regulations remaining in place and we will not be opposing them this evening. We welcome that the penalty has not been enforced in any case so far, which the Minister confirmed in her introduction. But I repeat the question asked by the noble Baroness, Lady Randerson: it would be interesting to know how many warning notices had been issued, although the Minister made it clear that there was 100% compliance once companies had received the warning notice The Minister in the House of Commons said: "In practice, the approach to civil penalties has been, and continues to be, one of collaborative engagement."—[Official Report, Commons, Delegated Legislation Committee, 2/2/22; col. 4.] I would be interested to hear from our Minister what that means in practice and whether that collaborative engagement is ongoing The Minister has already answered my next question, in a sense. I was going to ask whether the Government had considered extending the sunset clause for another seven years. She used the expression that the sunset clause had placed the regulations "on probation" and that they seemed to have passed that probation period. I think that is a reasonable answer to the question that I was going to ask How do the Government propose the ongoing review of these measures to make sure that they stay relevant? Will there be regular reviews, for example A further question partly arises out of my noble friend’s amendment. He outlined the concerns from the EU that he has come across and raised a number of questions, which I wrote down and I am sure the Minister did as well. I will be interested in her response to those. The main thrust of them was wondering whether there would be a commonality of policy between the EU and the UK Government so that there is not double punishment for potential corporate transgressors, and a commonality of approach would surely be beneficial for the operators themselves A further question, which again the noble Baroness, Lady Randerson, has raised, was a concern that any extra checks that may be put in place should not lead to greater delays. We heard about the noble Baroness’s experience last week. I do not know whether they were seen as a temporary measure because of the current situation, and those delays should be expected to disappear in the coming months In conclusion, as I have said, we welcome the removal of this sunset clause. We think the measures have passed their probation period. I think my noble friend has raised some interesting questions with his amendment, and I look forward to the noble Baroness’s response.
Ukraine: Rape as a Weapon of War — House of Lords, 2022-04-01
Topic: International Affairs
Raymond Collins (Labour, Centre-left): My Lords, it is nearly 22 years ago that the UN adopted Resolution 1325, the first legal document from the Security Council that required parties in a conflict to prevent violations of women’s rights, to support women’s participation in peace negotiations and in post-conflict reconstruction and to protect women and girls from wartime sexual violence. Despite this, we have continued to see sexual violence in Tigray, in Myanmar, in Iraq and now in Ukraine I have two questions for the Minister. Vicky Ford was specifically asked yesterday to confirm whether we had deployed our PSVI team to support survivors and victims of sexual violence into Ukraine or the surrounding areas. While detailing support for evidence-gathering efforts, she did not respond specifically on the deployment of the team to support survivors. I hope that the Minister will address that specific issue. Secondly, how are we pursuing more generally with our allies and the Security Council adherence to the principles of Resolution 1325 in Ukraine?
Ukraine: Rape as a Weapon of War — House of Lords, 2022-04-01
Topic: Law and Crime
Desmond Browne (Labour, Centre-left): My Lords, as the noble Baroness has said, increasingly, rape and sexual violence as a weapon of war is becoming the rule and accountability is becoming the exception. One exception is that in Germany in January a Syrian former intelligence officer was sentenced to life imprisonment for crimes against humanity committed in the Syrian civil war, including rape. This is an example of national courts prosecuting irrespective of nationality where an offence has been committed if they have in place universal jurisdiction laws, as in a limited way we do. Even Russia has universal jurisdiction laws. There is enormous potential in this area. Are our Government working with allies and others to explore that route and to extend it substantially?