argyrotsipi/train-dataset huggingface dataset:
Proposed Changes to the Standing Orders of the House of Commons — House of Lords, 2015-07-21
Topic: Government Operations
Frederick Butler (Crossbench, Unknown): That it is expedient that a Joint Committee of Lords and Commons be appointed to consider and report on the constitutional implications of the Government’s 14 July revised proposals to change the Standing Orders of the House of Commons in order to give effect to English Votes for English Laws, and that the committee should report on the proposals by 30 March 2016.
Proposed Changes to the Standing Orders of the House of Commons — House of Lords, 2015-07-21
Topic: Government Operations
Frederick Butler (Crossbench, Unknown): My Lords, I beg to move the Motion standing in my name on the Order Paper, and I shall do so briefly The purpose of this Motion is to enable the House to ask for a Joint Committee of both Houses on the Government’s proposals on English votes for English laws. I should first repeat that I welcome the fact that the Government are grasping the nettle of English votes for English laws. At the same time, it seems to me undeniable that their proposals are not just procedural but raise serious constitutional issues. They give a subset of Members of the House of Commons—English or English and Welsh Members—a right of veto on legislation which Parliament would otherwise pass. It seems to me right that Scottish MPs should not have the power to determine legislation affecting only England, or England and Wales, but the Government’s proposals are not the only way of achieving that. The McKay commission and the Democracy Task Force, chaired by the right honourable Kenneth Clarke MP, both suggested simpler and, in my view, less objectionable alternatives which ought to be seriously considered by Parliament There are many other problems with the Government’s proposals. The noble Baroness, Lady Boothroyd, has raised her concern that they require the Speaker in another place to make determinations which will be politically controversial and, as the noble and learned Lord, Lord Judge, has said, could cause the privileges of Parliament to be challenged in the courts. Others have argued that the right way to deal with matters of this constitutional importance is by legislation, not by changes to Standing Orders in the House of Commons. That is a view which I share When people with experience and expertise from such a different range of perspectives as the noble Baroness, Lady Boothroyd, the noble and learned Lord, Lord Judge, and the noble Lords, Lord Norton of Louth, Lord Forsyth, Lord Lisvane and Lord Reid, all express concern about the Government’s proposals, these concerns demand serious examination. It would not be sufficient to have a debate in which concerns can be expressed but not resolved before the Government rush the proposals through in September by a vote of the majority in another place. At present, when there is both a Conservative majority in the House of Commons and a Conservative majority in England and Wales, the problem is not urgent. Surely it is more important to get the proposals right than to rush them through This House has great experience and expertise to contribute on this matter. The proposal for a Joint Committee of both Houses did not originate in this House. It was made by the opposition spokesman in another place. The purpose of this Motion is to enable our House to support it and to indicate our willingness to take part. I beg to move.
Proposed Changes to the Standing Orders of the House of Commons — House of Lords, 2015-07-21
Topic: Government Operations
Robert Rogers (Crossbench, Unknown): I support the Motion in the name of my noble friend. Comity—a relationship of mutual respect between the two Houses—is extremely important, as the noble Lord, Lord Wakeham, has pointed out with his customary wisdom. It is therefore equally important that this Motion is seen not as an attempt to interfere with the Standing Orders of the House of Commons but as a means of examining a constitutional problem, to which what has been proposed is only one possible solution. It is a very complex solution—a complexity to which I have fallen victim—for which I must apologise to your Lordships When I spoke during the QSD last week, I said that, were this House to change an English-only certified provision into a UK-wide provision, it would go back to the Commons, escape certification and be subject to a different procedure, which might produce a different outcome. However, I hope your Lordships will forgive my error on just a minor point of detail. I had reckoned without proposed Standing Order No. 83O(4), which says that if this House turns an England-only or England and Wales-only provision into a UK-wide one, the Speaker must still certify it as being an England-only or England and Wales-only provision. To take an extreme example, if your Lordships inserted acres of Scottish provisions into a certified England-only clause, that amendment would be subject to the England-only procedure when it reached the Commons and a majority of English MPs would be required in order to approve it. That seems a little counterintuitive and it may come as a surprise to some. However, it does seem to me an example of the sort of thing that a Joint Committee could tease out in its implications Finally, if the Standing Orders route is chosen, it is possible that the courts may become involved, because although Article 9 should be a protection, if the Speaker is to be invited for the first time to rule on an objective matter of law, as the noble and learned Lord, Lord Wallace of Tankerness, pointed out, that is a hazard. If the legislative route is chosen, it would be possible to put in an ouster clause to say that the Speaker’s actions were not justiciable in any court, but that might not be a foolproof device. On the Anisminic precedent, which noble and learned Lords know much more about than I do, a court might still have a locus. Either outcome would still be of concern to this House just as much as to the House of Commons—so that aspect of jointery becomes very important. But careful analysis and firm conclusions by a Joint Committee might well discourage a court from going down a highly experimental route I understand the Government’s wish to press ahead with speed. However, I suspect that they may find a Joint Committee with the early out-date suggested by my noble friend useful insurance and, perhaps, in the outcome, not altogether inconvenient.
Proposed Changes to the Standing Orders of the House of Commons — House of Lords, 2015-07-21
Topic: Government Operations
Frederick Butler (Crossbench, Unknown): My Lords, I do not think that the problems of the Conservative Party ought to be dealt with by this constitutional change, if I may say so What is clear from all the speakers in this debate, with the exception of the noble Lord, Lord True, is that these proposals raise serious constitutional issues and that there are many difficult questions which have yet to be answered. The noble Baroness has said that it is a Conservative manifesto commitment to solve this problem, and that is true. Of course I respect that, and that is why I say that I welcome the fact that the Government are tackling the issue, but the means by which it is being tackled were not in the Conservative manifesto. There are different ways of doing it, and I happen to think that some are better than the proposals that the Government have put forward, which the House had no previous knowledge of before they were contained in the Statement. I believe that those issues deserve to, and can legitimately, be looked at without breaching the convention that the Government are supported in their manifesto The Government have shifted their position significantly since their original Statement. They have encountered very much more political controversy than they expected to, and the very fact that they have done so indicates that, either knowingly or otherwise, they underestimated the constitutional significance of their proposals. Noble Lords will recall that the Government’s original approach was that their proposals would simply be voted through by the House of Commons by changes to Standing Orders before the recess, and that there should be no debate at all in this House, on the grounds that our procedures are not affected. The Government were forced to retreat in another place to allow time for consideration. The noble Baroness has said that, after reflecting, she recognises that there are indeed constitutional issues which this House should have an opportunity for debating.
Energy Bill [HL] — House of Lords, 2015-10-21
Topic: Energy
Andrew Hardie (Crossbench, Unknown): My Lords, I also want to draw attention to the fact that this legislation is unfair. Contrary to the statement of the Minister in the other place referred to by the noble and learned Lord, Lord Wallace of Tankerness, I would point out that the noble Lord, Lord Foulkes, mentioned an example on the Isle of Skye. Perhaps I may give the House some more detail about it. There is a development on Skye called the Glen Ullinish wind farm which was granted planning consent in March 2015. That was before the general election and may even have been before the manifesto, and it was certainly well within the current deadline. The local community, with one exception, supported this proposal. The developers, Kilmac Construction, have had a grid connection contract in place since 2011 and have been making annual contributions to the grid to secure their position. They would otherwise have constructed the site and made connection to the grid before the deadline of December 2018, but they are not able to do so through no fault of their own. The connection date has been given as 2021 and the reason for the delay is that, to secure the supply in the west of Scotland, it is necessary to reinforce and upgrade 124 kilometres of line in the Highlands, which this project will facilitate. If the infrastructure had existed, the wind farm would have been constructed and connected in time These developers have invested over £1 million and a considerable amount of time and effort in securing the necessary planning permission, grid connection contract and land ownership permissions to ensure that they can comply with government deadlines. They have only been prevented from doing so by the grid infrastructure problem. The Secretary of State for Energy and Climate Change has been aware of this case since 1 September 2015, when the developers wrote to her explaining the circumstances in full. Will the Minister tell the House that the Government will extend the period of grace in this very exceptional case, where the developer is unable to comply with the timescale through no fault of its own? If he is unable to give assurance on this, the appropriate course would be, in the interests of fairness, to remove Clause 66 at this stage, to allow the Government time to reflect on this anomaly and introduce an amendment in the House of Commons, if they wish. This would not, as has been suggested, wreck the Bill. It passes it on to the Commons, where proper consideration can be given to this matter which is so important for the people of Skye.
English Votes for English Laws — House of Lords, 2015-10-21
Topic: Government Operations
John Kerr (Crossbench, Unknown): I agree, but it is even worse than that, because it is clear that the certification decision that the Speaker is required to take will be justiciable. That seems to make an enormous change, which will affect not just the House of Commons but the constitution as a whole.
English Votes for English Laws — House of Lords, 2015-10-21
Topic: Government Operations
James Hope (Crossbench, Unknown): My Lords, I should like to contribute a few words in the gap. One or two others may wish to do so as well, so I shall be as brief as I can. I am sure that the Government are right to address the West Lothian question—or the English democratic deficit, as the noble Lord, Lord Foulkes, called it—but what has puzzled me all along is why they seek to do it in this way and not by primary legislation, or at least under the cover of primary legislation. I should be grateful if the Leader of the House would explain why primary legislation is not being resorted to It seems to me that if the Government are to step outside the established procedures for legislation, which have the protection of the principle of the sovereignty of Parliament, they will do so at their peril. There are people outside here—we know who they are—who will seek to undermine, by means of judicial review, legislation that does not have the security of the established procedures. The noble Lord, Lord Kerr, hinted at that point a moment ago The problem that I see goes back to a point that the noble Lord, Lord Forsyth, raised about taxation. I do not see how a Government can rely on legislation passed by this new procedure, which is subject to the risk of challenge in the courts, until the procedures have worked their way through the courts. I do not say that anybody who seeks to challenge the legislation is bound to succeed; that is not the point. The point is that so long as there is the risk of challenge, and the delay of waiting for the courts to resolve the issue, the legislation cannot be brought into effect, because of the risk of having to unravel everything if, by some mischance, it is declared to be invalid Leaving aside the problems of conventions and so forth, it has always seemed to me that if the Government wish to proceed now, and if they want to take the safest course, they should do so by means of primary legislation. I shall not elaborate on that, but it is an absolutely fundamental point. I should be grateful if the noble Baroness would explain why that route has not been taken, in view of the risks to which the present solution seems to give rise Those risks were highlighted by what the noble Lord, Lord Reid, said about the problems of certification. I know from sitting in such cases how difficult it sometimes is to determine whether something is a devolved issue or a reserved issue. These are tricky points of law, and to solve the problem in the way that is being proposed seems to increase the risk of challenge, which is the last thing one would want in the case of legislation that the Government wish to pass to enable them to run the country according to the established procedures.
Online Safety Bill [HL] — House of Lords, 2015-12-11
Topic: Technology
Elspeth Howe (Crossbench, Unknown): My Lords, it is a great privilege to have my fifth online safety Bill in Committee, and I thank all noble Lords who have supported me along the considerably long way. Most of the amendments I have tabled to be debated today are in response to the very helpful comments made on the Bill by the Delegated Powers and Regulatory Reform Committee in its fifth report of the Session, published on 20 July. Your Lordships will know that the purpose of Clause 1 is to provide protection for children and young people from adult content and to provide parents with the tools to do that. I included Clause 1(1)(d) in the Bill to future-proof it for the inevitable growth in the services and devices that will come on to the market and which we do not yet have any concept of. Just to illustrate my point, in November, Ofcom published its annual report on children’s media use, which stated that over half of three to four year-olds and three-quarters of 12 to 15 year-olds use a tablet in 2015 and that tablets are now the device most often used for going online among all age groups except 12 to 15. In its equivalent report from 2010, there was no mention at all of the word tablet. Ofcom also highlighted the challenge facing parents in its latest report, saying: "The move towards smaller screens makes supervision more difficult for parents, and the proliferation of devices increases the need for parents to keep up to date with technology" The world of online access and devices is moving rapidly, and legislation needs to be able to accommodate those changes The Delegated Powers Committee raised two concerns about the way in which the future-proofing provisions were framed. The first was that the defence open to internet service providers and mobile phone operators in Clause 1(5) would not be open to any future, additional category of provider. My Amendment 1 ensures that the defence would be made available. Secondly, the committee was concerned about who would be considered a "provider" or "operator" in the context of the Bill’s future-proofing provision. Amendment 2 defines a provider or operator for the purpose of Clause 1(1)(d) of the Bill as a provider of adult content through a medium other than an ISP or MPO As with future provision, it is possible in principle that no new technology will develop for relaying adult content beyond ISPs and MPOs, in which case this part of the Bill will remain latent. But in truth, this would seem unlikely, judging by what has happened so far. I should explain that although the Delegated Powers Committee provides a critique of all Bills with delegated powers, I was informed by the chair that it does not provide advice about how to respond. In developing all my amendments in response to the committee, therefore, I have sought the advice of the noble and learned Lord, Lord Mackay, who sadly cannot be here today. His advice was, first, to keep the future-proofing provision and, secondly, that both these amendments address the concerns of the committee as set out in its report. I beg to move.
Online Safety Bill [HL] — House of Lords, 2015-12-11
Topic: Technology
Merlin Hay (Crossbench, Unknown): This amendment is quite logical, if the provisions are going to work. It is obvious that, if people can switch off filters, the whole thing is bypassed. I want to speak on the next amendment, about age checking, but this is a logical amendment to have if you want to get this Bill to work. As I said at Second Reading, filters are not quite good enough, because you can block only at the point when you access the page. Filters are quite crude—that is the problem; they tend to block entire websites, or they overblock and then people lift them. So there are a lot of problems around the amendment but it is hugely well intentioned, and I do not have a problem with people using filters. It is a good starter lock and will block a lot of simple things, but we need to go slightly further to block those who are technically savvy from getting round them—or those who persuade their parents that, because they could not get to a particular page on a website, they should override the filter for that website and unblock the whole thing. The convenience of the parent will probably win. How you get this to work is always the problem but that is not to say that we should not try.
Online Safety Bill [HL] — House of Lords, 2015-12-11
Topic: Technology
Merlin Hay (Crossbench, Unknown): My Lords, I want to say a few things at this point because this amendment refers to age-verification policies, which Ofcom is supposed to be producing. I do not want to say very much about it, but there are things other than direct adult content online. For example, we need to block the sale of pornographic DVDs, which can be supplied through several of the major sites where you can buy all sorts of other stuff that it is perfectly legal to buy. The problem is that you need to block at individual page level for a lot of stuff, otherwise people will get around this fairly easily The real problem is that filters do not do anything about the material they are blocking. They work on look-up tables, which are compiled by various people who look at websites, or individual pages on websites, and the filter goes through the list. But a filter is not a magic device that knows when somebody is looking at pornography. If the material is not in the table, the filter does not know about it. Someone has to keep the table up to date and there are organisations that do that, and they do it very well, or at least they do their best. However, we should not think that the filter is a silver bullet that will provide the cure. That is why we need somehow to incentivise the vendors and content providers on the internet—the people who deliver the material over the web—rather than the people giving access to the web. That is probably why there will have to be legislation to incentivise them to behave in the right way. We should have both positive and negative incentives, so that people who behave well get some advantage and people who behave badly have a disadvantage.
Online Safety Bill [HL] — House of Lords, 2015-12-11
Topic: Technology
Merlin Hay (Crossbench, Unknown): Being realistic, I suspect that the Minister’s timetable in the real world is probably very sensible. You can legislate hastily but then there will be huge arguments about it. It is a bit like the Digital Economy Act, which was rushed through. The measures in that to try to prevent people unlawfully downloading copyrighted material were not going to work in the real world. They caused a lot of chaos and, as a result, nothing happened because it was not possible to produce sensible regulations that would work and satisfy the courts and everyone else. Eventually, something got going but it is not brilliant, and it took the pressure off everyone to produce something that might have been a little better. Therefore, the Minister is probably being very sensible on this.
Online Safety Bill [HL] — House of Lords, 2015-12-11
Topic: Technology
Elspeth Howe (Crossbench, Unknown): I congratulate the noble Lord, Lord Morrow, on his amendment, which he moved so ably, not least because it highlights one of the key points that has been made repeatedly in debates not only on this Bill but on the many previous online safety Bills I have never been persuaded that the voluntary filtering agreement between the big four ISPs is anything other than a very temporary measure. In the first instance, I believe that filtering is sufficiently important to warrant a statutory foundation. In the second instance, I believe it is important for the Prime Minister to press the big four ISPs to introduce a robust filtering regime for the sake of the children in the house that they serve. If it is important for him to agree to do that then, as others have mentioned, it is equally important that he does the same for the children in houses served by other ISPs. Unless we believe that some children are more important than others, surely we must operate on the basis that all children are worth fighting for just as much as those serviced by the big four. If it falls to all of us in this current attempt to bring in an online safety Act to support and speak up for the children in this group, of course we will continue to do so In my view, the only sensible way forward here is an even-handed statutory approach, as set out in Clause 1. It should relate, as the noble Lord’s amendment proposes, to Ofcom’s reporting of filtering as well as to the filtering itself. If the Government now have to make statutory provision for filtering because of new EU legislation, it certainly would be indefensible not to apply the new provision to all providers. With this in mind, and as I and others have said, we would be more than happy for the Government to take aboard and use this part of the Online Safety Bill.