argyrotsipi/train-dataset huggingface dataset:
Investigatory Powers Bill — House of Lords, 2016-07-11
Topic: Civil Rights
Frederick Richard Penn Curzon (Conservative, Centre-right): My Lords, I am grateful to the noble Baroness, Lady Hamwee, for explaining the purpose of this group of amendments. I am particularly glad that Amendment 5 gives us the opportunity to look carefully at the intention of subsection (1) in the privacy clause. Perhaps I could just clarify Clause 2(1) lists in some detail the functions that a public authority may discharge under the Bill that may result in an interference with an individual’s privacy or impose an obligation on a telecommunications operator. The clause as drafted makes clear that, when taking such a decision, a public authority—including the Secretary of State and the judicial commissioner—must have regard to the principles set out at Clause 2(2) The effect of the clause is perhaps not far removed from the intention of the amendment, but I would argue that the current drafting has the benefit of providing clarity. I was grateful for the complimentary remarks about the clarity of the drafting of the Bill overall that the noble Baroness was kind enough to make. The drafting of this part of the clause makes clear that the privacy clause bites in every situation in which a public authority takes a decision or action to which privacy considerations are relevant. I hope that those comments will encourage the noble Baroness to withdraw the amendment I am sympathetic to the spirit behind Amendments 6 and 8, which seek to prohibit the authorisation of powers in the Bill if less intrusive means are available. I hope I can provide some comfort to the noble Baroness and the noble Lord, Lord Carlile, by directing them towards the statutory codes of practice which we have published in draft alongside the Bill for the Committee to consider. For example, paragraph 4.7 of the draft interception code of practice states: "No interference with privacy should be considered proportionate if the information which is sought could reasonably be obtained by other less intrusive means" The codes will be submitted to Parliament for approval, and a failure to abide by them will be considered a breach by the Investigatory Powers Commissioner. I hope that that reassurance provides enough ammunition for the noble Baroness to withdraw her amendment.
Investigatory Powers Bill — House of Lords, 2016-07-11
Topic: Civil Rights
Frederick Richard Penn Curzon (Conservative, Centre-right): I am grateful to the noble Lord for seeding that thought in my mind and I am glad to take it away and consider it between now and Report Amendment 7 also relates to Clause 2, which provides a statutory requirement that public authorities must consider all three of the privacy duties listed in subsection (2). It is not an exclusive list—there are other important principles that public authorities will have regard to—but it does make clear the principles that sit at the heart of this Bill and that underpin the exercise of functions under the Bill. And it is of course the case that the judicial commissioner will look to see whether these principles have been satisfied—when, for example, he or she reviews a Secretary of State’s decision to issue a warrant The noble Baroness expressed some concern about the phrase "have regard to". In bringing forward the privacy clause, the Government responded to concerns raised by the Intelligence and Security Committee of Parliament as well as by the Opposition and the Scottish National Party in the other place. The language of "have regard to" is drawn from amendments tabled by the Opposition and the SNP in Committee. It reflects the language of Clause 1 of the Mental Health (Care and Treatment) (Scotland) Act 2003, which was held up by those parties in Committee as an exemplar of how such a clause might operate. That is the basis on which we have included that particular form of words. In short, while I am sympathetic to the concern raised in this area—
Investigatory Powers Bill — House of Lords, 2016-07-11
Topic: Other
Frederick Richard Penn Curzon (Conservative, Centre-right): My Lords, I can do no other than have particular regard to the noble Lord’s advice. I shall gladly reflect on what he has said. It is a rash Minister who does not take account of advice from the noble Lord.
Investigatory Powers Bill — House of Lords, 2016-07-11
Topic: Other
Douglas Hogg (Conservative, Centre-right): May I press my noble friend more on this point? With regard to subsection (3), there is a test of relevance. Subject to the test of relevance, it seems to me that, under subsection (4), the public authority can in effect have regard to any consideration it deems fit. Is that correct?
Investigatory Powers Bill — House of Lords, 2016-07-11
Topic: Other
Frederick Richard Penn Curzon (Conservative, Centre-right): My Lords, I am grateful to the noble Lord for expressing his expert opinion so clearly. I can undertake only to study carefully what he has said between now and Report. Clearly, the Bill has been drafted by expert hands, but I am the first to say that there is no monopoly of wisdom on the Government’s side, and I am sure we need to taker full account of what he said.
Investigatory Powers Bill — House of Lords, 2016-07-11
Topic: Other
Douglas Hogg (Conservative, Centre-right): My Lords, I would like to raise two points, if I may, about Amendment 66. I entirely agree with the suggestion that the consent should be in writing, and I would rather hope that the Minister will give us some reasons why it should not be, because on the face of it, it is an extremely sensible suggestion. As we all know, there is sometimes a certain degree of opaqueness regarding what people have or have not done. Looking at Clause 42, to which Amendment 66 applies, I have some difficulty in understanding the relationship between subsections (1) and (2). I am not sure why subsection (2) is there, given the language contained within subsection (1). Perhaps my noble friend can help us on that.
Investigatory Powers Bill — House of Lords, 2016-07-11
Topic: Mixed Topics
Frederick Richard Penn Curzon (Conservative, Centre-right): My Lords, I am very sorry to have to disagree with my noble friend about the consent in writing, which would be likely to result in completely impractical situations. It is not clear what real advantage would be gained. In any case, most of the time, prior consent in writing would simply not be an option. Taking the example again of a telephone call, it is difficult to see how the normal transaction of business would not be completely impeded if we insisted on this provision I shall endeavour to respond to my noble friend about his question on subsections (1) and (2). I do not have a ready interpretation to give him now but, if I can during the proceedings, I shall do so.
Investigatory Powers Bill — House of Lords, 2016-07-11
Topic: Other
Frederick Richard Penn Curzon (Conservative, Centre-right): I shall gladly write to the noble Baroness on that point. I can also say, for the benefit of the Committee, that I shall look into the drafting of Clause 45, including the reference to other enactments.
Investigatory Powers Bill — House of Lords, 2016-07-11
Topic: Mixed Topics
Frederick Richard Penn Curzon (Conservative, Centre-right): My Lords, the Government are clear that the regime provided for in the Bill is not inferior to the provisions of PACE. It requires that applications be made to a court for a production order on notice to the holder of the material. In the case of communications data the whole of the material is a telecommunications provider, not a journalist. We are therefore clear that nothing in the Bill enables the investigatory authorities to circumvent the protections for journalists’ sources contained in PACE. Indeed, in 2015 the Interception of Communications Commissioner conducted a detailed investigation into the allegations that public authorities had utilised RIPA to avoid the use of PACE and clearly rejected the claim. The amendments that we have made to the Bill combined with the other safeguards for acquiring communications data mean that the relevant considerations laid out in Schedule 1 to PACE are addressed on the face of the Bill.
Investigatory Powers Bill — House of Lords, 2016-07-11
Topic: Mixed Topics
Frederick Richard Penn Curzon (Conservative, Centre-right): It is really quite difficult for me to answer the noble Lord’s question on the "Five Eyes": it has to be a question for the other members of that group. The approach we have taken is consonant with our general wish, as a country, to hold Ministers to account for important decisions taken about national security and privacy, rather than to consign those decisions to the court. Nevertheless, we believe there is a role for a judicial commissioner to approve what Ministers do. That double lock is the formula which most people in the other place were comfortable with. That is probably all I can say on that score. I hope that the noble Lord will reflect on the case of Lee Rigby, which is a good example of how a Minister was directly accountable to Parliament, albeit in secret session but nevertheless fully accountable to a committee of Parliament. I am sure there are other examples where that has occurred.
Investigatory Powers Bill — House of Lords, 2016-07-11
Topic: Other
Richard Keen (Conservative, Centre-right): I think the noble Lord helpfully makes my point for me. As I said at the outset, we are dealing with apples and oranges. We achieve the same objective by different routes, but I am obliged.
Tax Credits: Concentrix — House of Lords, 2016-09-14
Topic: Mixed Topics
George Young (Conservative, Centre-right): I am grateful to the noble Lord for his comments. I begin by apologising to all those who have been distressed by an unacceptable level of service, to which the noble Lord referred. I know from my experience in another place how distressing it can be if families who are, by definition, on low incomes, suddenly find that a flow of income is stopped. Referring to the action now being taken, a priority is to deal with those cases where payments have been stopped. As I said, HMRC has now seconded another 150 staff to tackle the backlog of cases, to see whether we can get them up to date. As for the future, the contract will not be retendered. At the moment, the bulk of the work is being done by HMRC and, as from next May, it will do all the work. Looking ahead, over the next six or seven years, those on tax credits will move over to universal credit, and that system will incorporate the lessons we have learned running the procedures under tax credits.
Tax Credits: Concentrix — House of Lords, 2016-09-14
Topic: Other
Patrick Cormack (Conservative, Centre-right): My Lords, my noble friend will have reassured many of us, but, further to the point made by the noble Baroness, Lady Kramer, does he accept that some things should never be outsourced? I suggest to my noble friend that this is one of them.
Tax Credits: Concentrix — House of Lords, 2016-09-14
Topic: Mixed Topics
George Young (Conservative, Centre-right): The noble Baroness speaks on the subject with great experience, having had ministerial responsibility for this. I will take back the suggestions that she has made about the action that needs to be taken before we move to the enforcement regime. As I said, the system of universal credits has a different approach with every person having a personal adviser right at the beginning, which of course is not the case with tax credits. I think that I am right in saying that Atos had its contract before the 2010 Government came to power but I take on board what she said about the need to be sensitive. I understand that we are moving over to a real-time information basis which should help those on tax credits. HMRC will have up-to-date information from the employer in real time rather than waiting for the claimant to notify it five or six months later that their circumstances have improved, and then, perhaps even later than that, getting a letter saying that they now owe huge sums of money. It is very important that any new regime should avoid that problem.
Tax Credits: Concentrix — House of Lords, 2016-09-14
Topic: Mixed Topics
George Young (Conservative, Centre-right): I am grateful to the noble Lord for what he has just said. As for mandatory reconsiderations which are the appeals against the decision, the noble Lord is right that 67.97% end up in the customer’s favour and 32.03% in favour of HMRC. At the moment, the number of mandatory reconsiderations awaiting decision is 2,197. That is when benefit has been stopped and the claimant has asked for that decision to be reviewed. I understand the point the noble Lord makes about outsourcing. I am not sure that I would go quite as far as saying that it was totally inappropriate ab initio to outsource this to the private sector. I hope that what I said in response to the noble Lord, Lord Davies, that this contract is not being renewed gives him some assurance.
Bus Services Bill [HL] — House of Lords, 2016-09-14
Topic: Other
Tariq Ahmad (Conservative, Centre-right): That the amendments for the Report stage be marshalled and considered in the following order: Clauses 1 and 2, Schedule 1, Clauses 3 to 6. Schedule 2. Clauses 7 and 8, Schedule 3, Clauses 9 to 15, Schedule 4, Clauses 16 to 26, Title.
Policing and Crime Bill — House of Lords, 2016-09-14
Topic: Mixed Topics
Susan Williams (Conservative, Centre-right): My Lords, I thank all noble Lords who have spoken so constructively to this group of amendments. I shall start with its government amendment, Amendment 4. Part 1 places a duty on the three emergency services to enter into collaboration agreements where it would be in the interests of efficiency or effectiveness to do so. In one place, the Bill inadvertently specifies a test of "efficiency and effectiveness", and Amendment 4 rectifies that. The noble Lords, Lord Harris and Lord Rosser, rightly ask why the duty applies when the collaboration agreement would be in the interests of efficiency or effectiveness rather than both. Collaboration can lead to service improvements through either increased efficiency or increased effectiveness. Consequently, it should not be a precondition of a collaboration agreement that it should improve both. If an initiative would improve the quality of the service but not save any money, for example, we would still want the emergency services to give effect to that project. I hope noble Lords are satisfied with that explanation.
Policing and Crime Bill — House of Lords, 2016-09-14
Topic: Mixed Topics
Susan Williams (Conservative, Centre-right): In that case, I will stick to the answer that I gave the noble Lord and perhaps disagree with the noble Lord, Lord Kennedy. We are so used to agreeing that that is almost my default position Perhaps we could move on to Amendments 1 and 2. I start by talking about some of the very good examples of emergency services collaboration that have gone on up and down the country. As noble Lords have said, there is clear evidence that emergency services can deliver real benefits for the public and help each service better meet the demands and challenges that they face. On Friday, I visited the emergency services collaboration in Greater Manchester. I was deeply impressed with the activity I saw, both in improving the service provided to the public—in all sorts of ways, as the noble Lord, Lord Bach, said in his speech—and in saving the taxpayer money On my visit to the Earlham tri-service station, I saw the benefits of collocation between the police, the fire and rescue service and the ambulance service in practice. Not only is this breaking down professional barriers but it is leading to far more innovative ways of delivering local services. If the noble Lord, Lord Bach, visits Earlham, he will see that the critical-risk intervention teams, which are led by the fire and rescue service in collaboration with Greater Manchester Police, respond to low-priority calls from the ambulance service regarding falls and mental health incidents. This innovative working is not only saving money, with an estimated £13 million in value being added across the region, but it is better protecting the public from harm There is a wide range of other examples from across the country of where emergency services collaboration is improving outcomes for local communities. For example, as the noble Lord, Lord Bach, said, in Leicestershire, the Braunstone Blues project has built on the success of a home fire-safety visit programme to involve all three emergency services in health, safety and well visits to local communities and schools. As he said, the programme is in its early stages, but I am sure it will be very successful.
Policing and Crime Bill — House of Lords, 2016-09-14
Topic: Mixed Topics
Susan Williams (Conservative, Centre-right): I can certainly follow up on that question and give the noble Lord an answer before Report, but it would not be unusual in these circumstances for guidance to be issued to relevant people. I think the answer would be yes but I will double-check that and get back to the noble Lord The noble Lord asked what happens if a party refuses to collaborate. All local services would be under a duty to explore opportunities for collaboration and to enter into such collaboration agreements where it is appropriate to do so. They should be open and transparent about their reasoning. We will consider how the service inspectorates could take these decisions into account as part of their inspection programmes The noble Lord also asked about consultation with staff and trade unions. I sort of answered this question but the Bill is not prescriptive about consultation. It is relevant to the local area. Existing consultation duties will apply only to each of the services. This will not prevent consultation on a voluntary basis at all. I hope I made that clear in my remarks but thought I would answer it again now as the noble Lord asked a specific question The noble Lord, Lord Harris, asked how the new duty to collaborate will work in practice. The Bill places a new statutory duty on the police, fire and rescue, and emergency ambulance services to keep collaboration opportunities under review, and further for them to implement collaboration where it would be in the interests of their efficiency or effectiveness. Ambulance trusts will not be obliged to enter into collaboration agreements where they would have an adverse effect on either their non-emergency functions or the wider NHS. The duty is broad. It allows for local discretion in how it is implemented so that the emergency services themselves can decide how best to collaborate for the benefit of their communities My noble friend Lady Scott asked—this is an important issue—about the Government considering proposals to demerge FRA areas to enable further collaboration. As I am sure my noble friend knows because she was here with me on the devolution Bill, where police and fire boundaries are not coterminous it would be for local areas to consider how boundaries could be changed to support that further collaboration she talked about between the emergency services. The Government will consider any local case for a fire boundary change that demonstrates that it would be in the interests of economy, efficiency and effectiveness.
Policing and Crime Bill — House of Lords, 2016-09-14
Topic: Other
Caroline Chisholm (Conservative, Centre-right): Certainly. I feel I must bow before the noble and learned Lord’s incredible intelligence in these affairs. I cannot possibly completely disagree with what he says because he is way above my intellect. Of course we can go away and look at this.
Policing and Crime Bill — House of Lords, 2016-09-14
Topic: Mixed Topics
Jane Scott (Conservative, Centre-right): My Lords, as the noble Lord, Lord Rosser, has mentioned Wiltshire and Dorset fire authority, I should make it clear to the House that the joining up of those two fire authorities was made under the previous coalition Government, not this Government. A different view has been taken by this Government on this Bill. That is why I asked the Minister whether we could decouple them. The most important thing for the community—I am talking about Wiltshire, not Dorset or any other authority area—is how we can maximise the effectiveness and efficiency of our blue-light services over a particular geographic area. I do not mind who runs them, I just want the services that local people want to be efficient and effective and to be delivered together We cannot get away from the fact that, for any road traffic accident, ambulance, police and fire services will all attend. Can we do things better and can we be more effective or more efficient? When we have floods, for example, all three services are probably going to be at a particular place at the same time—along with, I have to say, the local authority and emergency planning. It is not a matter of how we govern a service but how we make it more effective for people and more efficiently delivered.
Policing and Crime Bill — House of Lords, 2016-09-14
Topic: Mixed Topics
Susan Williams (Conservative, Centre-right): My Lords, there is no barrier to wider collaboration. I keep harking back to my visit to Salford last week, where the police, fire and ambulance services are collaborating. Much wider collaboration has been going on for years, and this is just part of it. The noble Lord was talking about the PCC developing the business case, but the alternatives are not the purpose of the consultation.
Policing and Crime Bill — House of Lords, 2016-09-14
Topic: Mixed Topics
Susan Williams (Conservative, Centre-right): My Lords, as the noble Lord, Lord Harris, explained, the amendment would delete the provision which prevents the assembly arranging for any of its non-fire and emergency committee functions to be discharged by that committee. The role of the fire and emergency committee will be to review how the London Fire Commissioner exercises his or her functions and to investigate and prepare reports on the commissioner’s actions and decisions. The committee will also review draft documents presented to it by the London Fire Commissioner and make a report or recommendations to the mayor. The committee will also undertake confirmation hearings in respect of the appointment of the London Fire Commissioner and the deputy mayor for fire. In addition, it will have the power to require the deputy mayor for fire, the London Fire Commissioner and any officer of the London Fire Commissioner to attend proceedings of the committee to give evidence. The functions are set out in the Bill so that it is clear that the fire and emergency committee has a specific fire-related purpose. It follows that the committee should not be used for any non-fire-related business of the assembly. This is clearly different from everywhere else in the country, as the noble Lord said—and I am sure that other places in the country will argue for what London has. The position in London is different. There will be two separate functional bodies and no move to a single-employer model, so in that sense it is not the same as elsewhere. I apologise for doing it again, but I compare Greater London to Greater Manchester—it is four times the size.