argyrotsipi/train-dataset huggingface dataset:
Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2018 — House of Lords, 2019-01-15
Topic: Labor
Peta Buscombe (Conservative, Centre-right): I will respond to both noble Lords on these issues around Northern Ireland. First, in response to the noble Lord, Lord Adonis, there was the same error when the regulations were first drafted. When that error was picked up, the situation was immediately changed. We withdrew the draft regulations and they were relaid in their current form on 3 December. It is important to stress that we have ongoing discussions. We consult with the Irish regulator and Pensions Regulator on an ongoing basis. We of course need to remove the cross-border regime that exists between two member states. We have, therefore, been in discussions with the Irish regulator and Pensions Regulator to reflect Northern Ireland and its relationship with Ireland, which will remain within the EU. These discussions will continue, as we want to make sure that we can transpose statutory instruments, doing for Northern Ireland as we do for the UK, to ensure that there is legal certainty In a no-deal situation, the UK cannot participate in the EU’s authorisation regime for cross-border activity, as we will no longer be a member state. However, we are working with the Pension Regulator, Northern Ireland and industry stakeholders to see what can be done to support members of cross-border schemes, including where employees or Irish employers are across the border and contribute to a UK occupational pension scheme. Notwithstanding the reality that these regulations do not address that, we are cognisant of the fact that we need to do all we can to work across border in relation to Northern Ireland and Ireland to ensure that, in any event, the proper protections can be put in place and we can reassure employers and employees with regard to occupational pension schemes. I hope that that goes some way to reassure noble Lords It is common practice to have mirroring legislation. These instruments do not make policy changes but are designed to ensure that UK law in the field of occupational and personal pensions continues to operate effectively in the event that the UK exits the EU without a withdrawal agreement in place. I hope that noble Lords will support these regulations.
Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): Yes, of course. I am obliged to the noble Lord for prompting me to go straight to that point. There are 680 European lawyers registered with the Solicitors Regulation Authority and up to 20 who are with the Bar Standards Board: far fewer in the latter case because, of course, most European lawyers who come to practise tend to find themselves practising in London’s large firms, rather than seeking to establish themselves as independent barristers at the Bar. I hope that that meets the noble Lord’s concern on that point.
Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: International Affairs
Anne McIntosh (Conservative, Centre-right): As my noble friend is aware, I worked in the other way: I qualified under Scots law and then went to practise in Brussels. Under the new arrangements, what will be the reciprocal rights of those who wish to do precisely what I did after we leave the European Union?
Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: Foreign Trade
Richard Keen (Conservative, Centre-right): In the event of us exiting without any deal, there will be no reciprocal rights—which was one reason why, as I indicated, these regulations are required. They are necessary in order that we can establish a position in which all third-party country lawyers will be on the same standing in the absence of a free trade agreement or other agreement with a third-party country. There will be no reciprocity—that will be a matter for the relevant EU country to consider—but clearly it is a matter that we would wish to address in future negotiations consequent on our exit from the European Union. This is dealing with the position in the United Kingdom in light of the existing regulatory regime under EU law. Clearly, and quite patently, you could not address the question of how the EU 27 are going to treat our lawyers going forward.
Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: International Affairs
Richard Keen (Conservative, Centre-right): The terms of the instrument make it perfectly clear that it is to apply in the absence of a deal. My department is certainly well aware of the scope and application of the instrument, which is why I made it clear in opening that this instrument will apply in the event of there being no deal. However, in the event that there is a withdrawal agreement of some kind, clearly that would not be a situation in which the instrument would be required.
Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: Foreign Trade
Richard Keen (Conservative, Centre-right): It does not refer to the transitional period as proposed in the withdrawal agreement: it refers to a transitional period that will apply for the purposes of this particular instrument in order to ensure that there is no immediate cut-off for EU lawyers in the United Kingdom. It is for that particular purpose that this particular regulation allows that, and it is considered that that is allowable under the GATS regime as well—in other words, we are allowed a period of time to transition to a point where European lawyers registered in the United Kingdom come to find themselves in the same position as third-party country lawyers.
Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: International Affairs
Richard Keen (Conservative, Centre-right): Clearly, over time we will address the ability of the United Kingdom to agree with the EU the possibility of reciprocal rights for United Kingdom lawyers in Europe, but it is not something that we can dictate by our legislation. What we can do, however, is facilitate the position of EU-registered lawyers who are already in the United Kingdom and contributing to the legal services in the United Kingdom so that they can be secure in the knowledge of what their position will be in the event that we exit without any agreed deal.
Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: Government Operations
Richard Keen (Conservative, Centre-right): In relation to this particular instrument, I am not in a position to say where the Scottish Government are in processing such a proposal. That is a matter for them and it is not a matter that they would, as a matter of course, disclose to me. But, as I say, I have confidence that they are aware of the issue and they have decided that they will take it forward. If they had wanted to utilise the provisions of the Scotland Act to have the UK Parliament legislate for them in regard to this matter, they would of course have said so. The very fact that they have not is indicative that they are making progress to legislate for this on their own behalf. That is where we stand.
Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: International Affairs
Richard Keen (Conservative, Centre-right): My Lords, in the even that we have a deal, we will repeal this instrument. It will have no further purpose in those circumstances. This is to address the issue of there being no deal—I emphasise that again.
Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: Foreign Trade
Richard Keen (Conservative, Centre-right): We will have to address those instruments that are in force which no longer have an application in the event of a withdrawal agreement being entered into. I referred to the arrangements that would be made for EU and EFTA-qualified lawyers because these arrangements include not only EU 27 lawyers but EFTA and Swiss lawyers, who are subject to similar arrangements In the event that the UK leaves the EU without a deal, as I said, we will be governed by the GATS provisions. Therefore, we will have to comply with them and we need to address that issue. The draft instrument will also provide, as the noble and learned Lord, Lord Hope, observed, a transition period to allow registered European lawyers time to comply with the new regulatory position. We consider that that will not be inconsistent with the GATS regime. As I said, the transition period will run until 31 December 2020 and will allow registered European lawyers and those in the process of achieving that status by exit day to practise in the same way as they do now but to use the time to adjust their position. This arrangement will also allow EU and EFTA lawyers with ownership interests in regulated legal businesses in England and Wales or Northern Ireland to adjust their regulatory status As I have set out, there will be a deficiency in retained EU law which implements the two lawyers directives, due to a lack of reciprocity, if we leave the EU without a deal. It is the purpose of this instrument to address that deficiency and to ensure that by doing so we uphold our international obligations in this context. I emphasise the point that was brought out by the noble Baroness, Lady McIntosh. It does not—indeed, it cannot—address the issue of reciprocal rights for UK lawyers in the EU 27. It is in these circumstances that I beg to move.
Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: International Affairs
Richard Keen (Conservative, Centre-right): My Lords, this is a permanent change in the law, which may be subject to defeasance in the event that we have a withdrawal agreement. It will then be rendered unnecessary. It applies to and is concerned with the position of registered European lawyers in the United Kingdom. It cannot make provision for United Kingdom lawyers in the EU 27 or EFTA countries. We have no competence to do that. It is our hope, however, that in due course, and following withdrawal, subject to the withdrawal agreement, we will in the course of negotiation be able to negotiate with the EU 27 the development of appropriate reciprocal recognition for lawyers going forward, but that is for the future. This is a permanent change in the law to address the prospect of our leaving on the 29 March 2019 without a withdrawal agreement.
Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: International Affairs
Richard Keen (Conservative, Centre-right): With great respect to the noble Baroness, we cannot legislate to ordain the EU 27 or any EFTA country to recognise the legal qualification of someone who has qualified in the United Kingdom. We simply cannot do that, so, after 29 March, in the absence of any withdrawal agreement and any negotiated arrangement with the EU 27, such people will have to do what any other third-party-country lawyer does, which is to go to the relevant jurisdiction and apply the host country’s provisions on registration and qualification. There is no doubt about that.
Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: International Affairs
Richard Keen (Conservative, Centre-right): My Lords, I shall begin with the observation from the noble Lord, Lord Beith, because I omitted to identify the location of the suicide pill. I am advised that the intention is that, in the event of an agreement, it will be incorporated in the withdrawal agreement Bill, and that is the mechanism that it is intended to employ those purposes. I apologise for not having appreciated that when the question was first raised.
Civil Legal Aid (Amendment) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: International Affairs
Richard Keen (Conservative, Centre-right): My Lords, I am obliged for the contributions. The noble Lord, Lord Thomas, makes a good point about the advantages for all in securing mutual judicial recognition and enforcement. That is why, at an early stage, we sought to take forward those discussions with the profession on what was required. He is right to observe that the matter is not contained in the withdrawal agreement or the existing declaration but is an ambition. That may seem very little but, recognising that, we have taken forward what we can, which is to deal on a unilateral basis with the more recent Hague conventions that have been entered into by the EU on behalf of member states. We have engaged in discussion to become an individual state signatory to those conventions. My recollection is uncertain but I think the 2005 and 2007 conventions were involved. We have engaged with the council of the Lugano convention, which deals with the reciprocal position between EFTA states and the EU, to engage on that. Again, to become a party to Lugano, we require the consent of the EU because it is also party to it. Those steps are being taken forward and we are conscious of their importance. I underline that On legal aid provision, there is no question of a disqualification being applied on the basis of residence in the EU. Let me be clear about that. The point is that the scope of the EU legal aid directive is wider than the scope of the legal aid provision under LASPO. This instrument is to bring that into line with LASPO and have a situation whereby, in certain forms of civil and commercial dispute, the directive would require consideration of a legal aid application that would not otherwise fall under the LASPO provisions.
Takeovers (Amendment) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: International Affairs
Oliver Michael Robert Eden (Conservative, Centre-right): My Lords, I thank both noble Lords for their contributions, particularly the noble Lord, Lord Fox, for saying how helpful the notes attached to this order were. This does not often happen and I must thank the noble Lord on the occasions that he is as polite as that. I also welcome the experience he brings to this debate, particularly with his knowledge of takeovers, although I am not sure I fully share his view of the general helpfulness or unhelpfulness of shareholders. Perhaps I could deal with some of the questions that he, my noble friend Lord Leigh and the noble Lord, Lord Stevenson, put First, as always let me remind the noble Lord, Lord Stevenson, that these are no-deal regulations only brought before the House for the eventuality that we leave the EU without a deal. In the event of a deal, as has been made clear by other colleagues from the Front Bench, there will need to be legislation in the Act that will come before us in due course to deal with that. We will have time enough to debate that I also do not think I accept his point—I am not sure I fully understood it—whereby he suggested we were taking an asymmetric approach to these matters when we dealt with those three orders yesterday. I imagine we will deal with them again in the Chamber in due course, but not on this occasion. I never quite understand what the noble Lord means by that asymmetric approach.
Takeovers (Amendment) (EU Exit) Regulations 2019 — House of Lords, 2019-01-15
Topic: Foreign Trade
Oliver Michael Robert Eden (Conservative, Centre-right): I am sorry; I miswrote down what the noble Lord originally said. It does say 35 in the order: 35 EEA companies come out and 10 UK companies go in. I think the noble Lord has got it right. Again, I will write to him on that if I am wrong. He also referred to paragraph 20, on what drove changes to the definition of a takeover and what other amendments have been made. I can give an assurance that there have been no changes to the definition of a takeover, and the scope of companies that can be subject to takeover has been narrowed, obviously, to UK companies. That would be implicit in the order My noble friend Lord Leigh asked, very helpfully, about shared jurisdiction. The EEA takeovers regime includes a system of shared jurisdiction for companies registered and listed in different countries. Since the reciprocal arrangements underpinning the system will no longer apply to the UK after exit, the regulations will remove shared jurisdiction from the UK takeovers regime. My noble friend then asked whether that was likely to bring more companies to the UK. He and I are always optimists in these matters and there is every chance it might have that effect, although that is a matter not for the Government but for the companies themselves. I believe I have answered all the points put to me but if I failed to deal with any I will write to noble Lords.
Insolvency (Amendment) (EU Exit) Regulations 2018 — House of Lords, 2019-01-15
Topic: Law and Crime
Alastair Cooke (Conservative, Centre-right): Before my noble friend replies, I will make just a couple of points as a current member of the Joint Committee on Statutory Instruments. I preface them by saying how greatly the committee will relish the praise that my noble friend heaped upon it at the outset The two points arise from the committee’s report. The first relates to Regulation 5(1), where the committee points out that it would have been far better if the department, despite the explanation that it provided, had avoided the ambiguity of language to which the committee drew attention by replacing vague concepts with clearer definitions instead of continuing with its own approach The second point relates to Regulation 5(2), to which the committee drew attention because it appears to give very wide powers to the courts that will be called upon to adjudicate issues. Despite the department’s explanation, the committee remained concerned, "at the breadth of the discretion conferred on a court by regulation 5(2)". It went on to say that this regulation, "leaves it entirely to the courts to determine—on a case-by-case basis—what law they should apply in any particular case" I would be very grateful if my noble friend could touch on those points when he replies.
Northern Ireland: Devolution — House of Lords, 2019-02-14
Topic: International Affairs
Ian Duncan (Conservative, Centre-right): My Lords, with the leave of the House, I will repeat in the form of a Statement the Answer given by my right honourable friend the Secretary of State for Northern Ireland to an Urgent Question in the other place. The Statement is as follows: "As the House is aware, the Government remain steadfastly committed to the Belfast agreement and its successors. I am continuing to work tirelessly towards my absolute priority of restoring fully functioning devolved government in Northern Ireland. This is a very sensitive matter that requires careful handling I last updated the House at my department’s Oral Questions on 30 January. I have no further update at this stage, but as soon as I have anything to add, I will of course come to the House at the earliest opportunity. I hope that will be soon".
Northern Ireland: Devolution — House of Lords, 2019-02-14
Topic: International Affairs
Ian Duncan (Conservative, Centre-right): The noble Lord makes valid points, as would be expected from someone of his experience. He is correct to use the word "catastrophe" in his description of the situation in Northern Ireland. The voices of that Province have been silenced during this important time, not least in the Brexit process but elsewhere as well. He asked the important question of whether there is a plan. Yes, there is. My right honourable friend the Secretary of State for Northern Ireland has been working to bring together all parties, representing all parts of the community. As we have said in the past, we have not taken off the table any suggestion of an independent chair to facilitate what I hope will be ongoing discussions. During that period which we have opened up to deliver a functioning Executive—which, noble Lords will recall, closes on 23 March—we hope to make progress.
Northern Ireland: Devolution — House of Lords, 2019-02-14
Topic: International Affairs
Ian Duncan (Conservative, Centre-right): I say that because we cannot be; this is too important. We are now at a critical stage of making sure that we are able to bring the parties back together. As I said in answer to the previous question, I do not doubt that we have missed the valuable voices from that area. It is important that we use the time which we have now before 23 March to demonstrate that we have through our work delivered an outcome which is bringing the parties back together. Whether we are able to achieve a fully restored Assembly before that point remains to be seen, but your Lordships will recall that there is a second five-month window if we have made sufficient progress in the first five months. Bringing back sustainable government to Northern Ireland remains the steadfast policy of this Government.
Northern Ireland: Devolution — House of Lords, 2019-02-14
Topic: Government Operations
Ian Duncan (Conservative, Centre-right): We are not travelling fast down a road toward direct rule, but it remains one of the options if we are unable to deliver what we believe is the most important outcome: a sustainable Executive. Good governance is clearly the most important aspect of this whole function. On whether my right honourable friend the Secretary of State for Northern Ireland has initiatives, she has been actively and tirelessly engaged in discussions to try to bring about the early stages of these talks. It has not been easy, but I hope that we will have some progress within the period—I want to correct myself from earlier: it is 26 March and not 23 March. Forgive me.
Northern Ireland: Devolution — House of Lords, 2019-02-14
Topic: International Affairs
Ian Duncan (Conservative, Centre-right): I thank the noble Lord for his thoughtful contributions. There is a lot on in that week of 26 March and I am fully aware of how important it will be that we make progress before 22 March on the key aspect of delivering a functioning Executive. He is of course correct that after that point, if we have made progress and are moving through the Brexit process, the world will look quite different, and that is something that I hope will be to the positive endeavour of all the parties in Northern Ireland. He will be aware that the local government elections in May will represent the first test of public opinion, outside of polling, and may give some indication of exactly what we can expect in Northern Ireland.
Northern Ireland: Devolution — House of Lords, 2019-02-14
Topic: Government Operations
Patrick Cormack (Conservative, Centre-right): My Lords, I echo what the noble Lord, Lord Hain, said about my noble friend’s contribution. For two years now, he and his admirable predecessor have come to that Dispatch Box and said, "We do not rule anything out", and "We are making progress", but will he give me answers to two questions? First, many of us, including the noble Lord, Lord Trimble, have suggested that the Assembly could be called without having an Executive. Secondly, many people have said that it would be a good idea to have an independent adjudicator, and every time my noble friend has said, "We do not rule those things out". Is it now time to rule them in?