argyrotsipi/train-dataset huggingface dataset:
Brexit: Legal Position of Withdrawal Agreement — House of Lords, 2018-12-03
Topic: Government Operations
Thomas Jeremy King (Conservative, Centre-right): My Lords, does my noble friend agree that there is a very good reason for the convention that advice from the Attorney-General can be kept confidential to the Government? Nobody who voted on that proposal for a contempt Motion has the slightest idea whether some of that advice might be advantageous to the people against whom—or with whom—we are negotiating. I do not know how many noble Lords have listened in the past two hours to the extraordinary exposition by the Attorney-General—I think, quite without precedent—in which he undertook to answer any question from anybody in the House, seeing himself as responsible not merely to the Government but to Parliament, to the Commons, in his particular position. He discharged it effectively, and nobody who voted in the original vote that the papers ought to be published had the slightest idea that that was how the Attorney-General would approach his responsibilities.
Brexit: Legal Position of Withdrawal Agreement — House of Lords, 2018-12-03
Topic: International Affairs
Richard Keen (Conservative, Centre-right): I thank my noble friend for his observations and entirely concur. I emphasise a point he touched on: we are engaged in continuing negotiations with the European Union to determine our future relationship. It would not be appropriate for us to disclose matters that would impact on the conduct of the negotiations, any more than we might expect the European Union to disclose to us the confidential legal advice that it may or may not have received in conducting those negotiations.
Brexit: Legal Position of Withdrawal Agreement — House of Lords, 2018-12-03
Topic: International Affairs
Richard Keen (Conservative, Centre-right): I am obliged to the noble Lord, who draws on a great deal of experience where these matters are concerned. I entirely agree with his observation: it would render the law officers’ position almost impossible when advising government fully, candidly and without reservation, if it was felt that that advice was then to be put into the public domain—let alone put into the public domain when we were carrying on relevant negotiations such as those we are carrying on with the European Union.
Brexit: Legal Position of Withdrawal Agreement — House of Lords, 2018-12-03
Topic: Law and Crime
James Peter Hymers Mackay (Conservative, Centre-right): My Lords, it has been the legal position for many years that when a legal adviser advises a client, that advice is confidential. It is not for me to criticise what went on earlier in the other place, but it seems to me that it had forgotten that the Attorney-General has an absolute duty to advise the House of Commons. It could have asked him to do so and answer any questions of law that it could think of putting to him. That is the correct way to deal with such a matter. Reference has been made to what happened in the past, which I believe was very much in accordance with that In my view, it is impossible as a matter of law for the legal adviser to say that he will publish legal advice which has been given to someone else in accordance with an obligation of confidentiality. So far as the Government and Parliament are concerned, that is no disadvantage, because they have the advantage that the Attorney-General is the adviser of the House of Commons—as he is the adviser of this House also. He is bound, in connection with that advice, to answer any questions that may be put to him on the relevant law. I cannot see any better system than that for reconciling the two fundamental problems about the position of a legal adviser The Attorney-General is responsible for keeping that confidentiality unless the client thinks the advice can be disclosed without any problem, but that depends on the nature of the arrangement. So far as I am concerned, by far the best arrangement is that the Attorney-General personally comes to the House of Commons and gives his advice, answering any questions that are required. That is what happened, as far as I understand it, today. There are enough problems with this Brexit business, which we are going to discuss over three short days in due course, without trying to complicate them with material about the conventions of the UK that, as far as I know, have lasted a long time and been extremely satisfactory.
Brexit: Legal Position of Withdrawal Agreement — House of Lords, 2018-12-03
Topic: International Affairs
Richard Keen (Conservative, Centre-right): I thank the noble Lord for his observations. He goes some way towards explaining why we arrange for these agreements to be interpreted by lawyers, not diplomats. Of course entering into something such as the Northern Ireland protocol involves an element of political judgment; we have to accept that, and the Attorney-General was entirely candid about that. There is a political judgment to be made. There is in the agreement no express right of unilateral withdrawal, and we accept that as well. However, if one or other party decides not to obtemper their obligations, there are mechanisms to address that.
Brexit: Legal Position of Withdrawal Agreement — House of Lords, 2018-12-03
Topic: International Affairs
Richard Keen (Conservative, Centre-right): I thank the noble and learned Lord for his observations. His last comment is not the position under the agreement. It is not for the arbitral tribunal per se to simply impose an alternative agreement to the backstop, so let us clear that out of the way Let us look at the terms of the Northern Ireland protocol itself. If the backstop comes in, it will continue until superseded by an alternative agreement that the parties consider renders the existing backstop in the protocol no longer necessary. That is perfectly clear. It does not address the situation in which one or other of the parties simply fails to obtemper their legal obligations under the Northern Ireland protocol, including the obligation to use their best endeavours to arrive at a new arrangement in place of the existing backstop. In that event, the matter will ultimately go to the arbitral tribunal. Pursuant to Article 178, it has certain powers. It can impose financial penalties, just as the EU can impose financial penalties on a member that does not obtemper its obligations under EU law. The arbitral panel will have the power to impose financial obligations on parties who are in breach. If they do not then obtemper their obligations, it has the power to allow for the suspension of an obligation under the terms of the protocol These are temporary measures that would be taken to ensure that a party ultimately performs its obligations under the treaty. Failing that, there is the issue of Article 60 of the Vienna convention. However, I do not believe that anyone anticipates that we are going to go down that road. It is very clear that, for political reasons, it would not be in the interests of the EU, any more than those of the United Kingdom, to prolong the backstop in the Northern Ireland protocol any more than is absolutely necessary to maintain the integrity of the Good Friday agreement and the open border on the island of Ireland.
Brexit: Legal Position of Withdrawal Agreement — House of Lords, 2018-12-03
Topic: International Affairs
Michael Howard (Conservative, Centre-right): My Lords, the noble Baroness, Lady Chakrabarti, asked my noble friend whether he could identify any precedent for a country handing over such a wide range of vital issues affecting its national interest to a panel of arbitrators. Does he have an answer to that question?
Brexit: Legal Position of Withdrawal Agreement — House of Lords, 2018-12-03
Topic: International Affairs
Richard Keen (Conservative, Centre-right): It is not uncommon for very material issues pertaining to the territorial integrity of a country to be put into the hands of a third party. I cite the recent case of Bolivia and Chile before the International Court of Justice, where judgment was delivered on 1 October this year, with regard to the failure to agree over the issue of access to the Pacific.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-12-03
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): I thank both noble Lords for their explanation of these amendments. One of the things that the noble Lord, Lord Alderdice, challenged the Government on was the rationale behind our counter- terrorism work. Perhaps it would be useful to set out some of that for him As stated in Contest, government and academic research has consistently indicated that there is no single sociodemographic profile of a terrorist in the UK, and no single pathway or, indeed, "conveyor belt" leading to involvement in terrorism. Terrorists come from a broad range of backgrounds and appear to become involved in different ways and for differing reasons. Few of those who are drawn into Islamist terrorism, for example, have a deep knowledge of the faith While no single factor will cause someone to become involved in terrorism, several factors can converge to create certain conditions under which radicalisation can flourish. These include background factors such as aspects of someone’s personal circumstances that might make them vulnerable to radicalisers, such as being involved in criminal activity; initial influences such as people, ideas or experiences that influence an individual towards supporting a terrorist movement; and an ideological opening or receptiveness to extremist ideology Most individuals who experience this combination of factors will not go on to become involved in terrorism because there are protective factors that safeguard against their doing so. These range from having no opportunity to develop extremist contacts to having other, more important priorities in their lives, such as their family, career or community. A small number of people who lack these protective factors may become radicalised. In these circumstances, a range of social and ideological influences can combine to intensify commitment to a terrorist cause and provide opportunities for them to act. The process of radicalisation is driven by universal psychological needs for identity and belonging—those words are very important in this context—meaning and purpose, and, of course, self-esteem. Where these are met by constructive sources radicalisation will not flourish, but we also know that as a person deepens their involvement in terrorism this process will typically include voracious consumption of online propaganda. When in a group, further engagement in terrorism is also likely to include the individual isolating themselves from non-extremists and participating in low-level activity such as the radicalisation of others, or facilitation, fundraising, et cetera. There is some research to indicate that lone-actor terrorists have a higher incidence of certain mental and developmental health conditions than the general population, but I must stress that no one should assume that a terrorist suffers from a mental health condition or that a person with a mental health condition is a terrorist.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-12-03
Topic: Law and Crime
Frederick Richard Penn Curzon (Conservative, Centre-right): Amendment 26 seeks to place a different limitation on the ETJ power in relation to the proscription offences at Sections 12 and 13 of the 2000 Act which would limit it to cases where the offending activity would also constitute an offence in the country where it occurred. I mentioned earlier one key rationale for the new powers we are seeking, which is that terrorist groups use propaganda as a means of radicalising people in this country while basing themselves abroad Additionally, it is a fact that terrorist groups are by their nature most likely to be based in areas of conflict and instability where there may not be functioning systems of government or criminal justice, or clearly defined and well-developed terrorism laws equivalent to those in the UK. This means that it is entirely possible for a person to act in support of a potentially very serious terrorist organisation outside the UK and for the laws in that part of the world to criminalise that activity in a different way from the UK, or potentially not at all. This is not a reason to take no action against that person if they travel or return to the UK, if prosecution would otherwise be possible and appropriate. We must engage with the world and the terrorist threat as it is, rather than as we would ideally like it to be, and it would simply not be responsible to tie the hands of the police and the courts in this way. I share the noble Baroness’s wish that those who return to this country should repent, be reformed and form part of the society in which we all live and which we enjoy, but I say that without prejudice to the point I have just made that if they have acted in a way that profoundly harmed the people of this country, they should be brought to book I am afraid Amendment 26 would run a coach and horses through the idea that I have put forward, and it would most likely mean that it would not be possible to prosecute at all people who have engaged in such activity in places such as Syria. We might as well simply strike this provision from the Bill in its entirety if we are going to go down that road. For this reason I am unable to support the noble Baroness’s Amendment 26.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-12-03
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): My Lords, the noble Lord, Lord Paddick, helpfully proposed an amendment in Committee to close a gap he had identified on accounts which a terrorist offender is entitled to operate but does not hold in their own name—for example, because they are an authorised signatory to the account of the relative or employer. I recognised then that there might well be merit in the amendment and committed to take it away to consider it further. I have just done that and find myself in agreement with the noble Lord that this is indeed a gap in the current Bill and that his suggestion will close it and improve the Bill Amendment 27 therefore implements his suggestion, for which I am very grateful, and I commend the amendment to the House.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-12-03
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): I would not like to say that the TPIM Act was not rational. I can write to the noble Lord to outline the significant differences here, but I think that the parallel with sex offenders that I posed is pertinent.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-12-03
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): I thank the noble Baroness for those questions. The noble Lord, Lord Rosser, asked what happens if the detainee chooses another solicitor, who is then of concern. I am trying to read the writing here. If concerns still exist, the superintendent is within his or her right to direct that the detainee should choose a different solicitor, and that applies not just to the first-choice solicitor. The point about confidential material—
Counter-Terrorism and Border Security Bill — House of Lords, 2018-12-03
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): From what I understand, a panel of approved solicitors is available to detainees—I am sure that the Box will fly over with a piece of paper if I am wrong about that. However, if, for whatever reason, the first solicitor from the panel is given to the detainee—
Counter-Terrorism and Border Security Bill — House of Lords, 2018-12-03
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): I do agree with the noble Lord; that is absolutely brilliant. But I have just received another piece of information: if the detainee is still not satisfied, they can consult a solicitor by phone, so that is a third arm of the options for detainees. Between us, we have got there As for who approves the access to confidential material, it would be the Investigatory Powers Commissioner.
Counter-Terrorism and Border Security Bill — House of Lords, 2018-12-03
Topic: Law and Crime
Frederick Richard Penn Curzon (Conservative, Centre-right): The strict answer to the question put by the noble Baroness is that the two Acts provide for different kinds of retention regimes, one where it is automatic for three years under certain conditions and the other where the Biometrics Commissioner has to give his permission; namely, under PACE. The point I was making was that that applies in cases which are otherwise identical and that it is simply anomalous to have that difference. The Biometrics Commissioner has actually said that it would be, "a sensible approach to bring the retention periods for arrest on suspicion of terrorism offences in line" If he is relaxed about it, I cannot see that we should not be either.
Johnston Press — House of Lords, 2018-11-19
Topic: Technology
Edward Garnier (Conservative, Centre-right): My Lords, I share the noble Lord’s nostalgia for the many titles that our local communities and regions used to enjoy reading, as does the noble Baroness on the Liberal Democrat Benches, but may I caution my noble friend not to commit the Government to investing huge sums of taxpayers’ money, whether it comes from Facebook or other media platforms, in a product which the public is increasingly not reading? My noble friend’s point about investing in online local media outlets is the one that we need to concentrate on, and if public money is to be spent on this exercise, surely that is where it ought to be spent. Young people do not read print national newspapers, let alone local newspapers, so surely we need to concentrate on the future offerings of the media world rather than, sadly, the many forms of local newspaper that we so much enjoyed in our youth.
Johnston Press — House of Lords, 2018-11-19
Topic: Technology
James Younger (Conservative, Centre-right): I thank my noble and learned friend, who makes some good points. First, as I said, the move to online is happening, it is inevitable and it is fair to say that a lot of young people only go online. But it is also important that the transfer for local newspapers from paper form to online is effected in a measured way that does not lead to the sudden putative loss of jobs that might have happened if JPI had not stepped in for Johnston Press. I also take note of his point that it is very important that any government money should be put into a long-term future. We await the results of the Cairncross review, which will be looking at all aspects of this, including the online focus.
Johnston Press — House of Lords, 2018-11-19
Topic: Labor
James Younger (Conservative, Centre-right): I am not prepared to comment or respond to the comment made about the debt. The fact is that the debt is there, Johnston Press had it and JPI is taking it on and is looking ahead. On the PPF, again I think that it is right that the Government do not comment until we hear back from the PPF, which will in due course take a view on the pension situation at Johnston Press.
Citizenship and Civic Engagement (Select Committee Report) — House of Lords, 2018-11-19
Topic: Government Operations
Alan Haselhurst (Conservative, Centre-right): Does my noble friend share my surprise that the Government have not shown more enthusiasm for the recommendations of his committee regarding the National Citizen Service, when the NCS has been one of their creatures for which they deserve great credit?
Citizenship and Civic Engagement (Select Committee Report) — House of Lords, 2018-11-19
Topic: Government Operations
Robin Granville Hodgson (Conservative, Centre-right): I certainly agree with my noble friend. We discussed that issue; I know that the noble Lord, Lord Blunkett, has taken an interest in it, and I dare say that it will form part of his comments in a few minutes. We regard it as a success and we hope that it can be developed—with some changes that we suggested should be made The Government would be well advised—not least in the interests of the taxpayer—to make some efforts to gather in examples of those practices that work and those that do not, so that the reinventing the wheel approach, of which our committee found far too much evidence, becomes a thing of the past Of course, successful civic engagement will not result from the activities of a single government department; it is a classic cross-departmental activity. It therefore needs to have a champion who, without fear or favour, has the power and seniority to move forcefully across the whole spectrum of the Government’s activities I will end as I began, with values. Sarah Lyall, a former London correspondent of the New York Times, once wrote that the British are an undecipherable mixture of, "politeness, awkwardness, embarrassment, irony, self-deprecation, arrogance, defensiveness and deflective humour" Our committee has sought to decipher this rich mixture. I beg to move.
Citizenship and Civic Engagement (Select Committee Report) — House of Lords, 2018-11-19
Topic: Government Operations
Nicholas Bourne (Conservative, Centre-right): The first thing we are doing is pulling it together to have ultimate responsibility resting with a designated committee. As a result, my noble friend can expect more to happen. I pointed out that I regarded silo thinking as one of the very serious issues that we seek to address along with the fact that each government department may be left to get on with it on its own, rather than coming together in a concerted way. I hope that that will make a substantial difference. I am not claiming that it will happen overnight or that my noble friend will see a change by the end of the year, for example, but it is only just now that the committee has taken over responsibility for this area. Now that that is happening and it is jointly chaired by the Home Secretary and the Secretary of State for Communities and Local Government, which will give it some heft, I hope that it will make a difference. I urge noble Lords to be a little patient but to come back on the basis of the undertaking that I have given today at the Dispatch Box. I once again thank noble Lords, particularly my noble friend Lord Hodgson, for an outstanding report.
Infrastructure Planning (Water Resources) (England) Order 2018 — House of Lords, 2018-11-26
Topic: Agriculture
Anne McIntosh (Conservative, Centre-right): My Lords, I do not wish to detain the House, but I could not be in the Grand Committee on Wednesday and I have a very simple question. I congratulate my noble friend on bringing this order to the House, but my concern relates to the provisions of the Reservoirs Act 1971. We need more reservoirs and more water to be retained on land by farmers, landowners, golf clubs and caravan parks. Can he put my mind at rest that this provision will be entirely in keeping with, or even amend, the Reservoirs Act to make that possible?