argyrotsipi/train-dataset huggingface dataset:
United Kingdom-European Union Future Economic Partnership — House of Lords, 2018-03-05
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): My noble friend is absolutely right that we want to enter into the next phase of negotiations in a positive and productive manner and believe that that is the same for both sides. Of course, our future partnership will need to be tailored to the needs of our economy, and this follows the approach that the EU has taken in the past. The EU’s agreement with South Korea, for instance, contains provisions to recognise each other’s approvals for new car models, whereas the agreement with Canada does not. The EU’s agreement with Canada contains provisions to recognise each other’s testing on machinery, while the agreement with South Korea does not. So it is possible to develop relationships that work for both sides, and that is exactly what we intend to do.
United Kingdom-European Union Future Economic Partnership — House of Lords, 2018-03-05
Topic: Foreign Trade
Natalie Evans (Conservative, Centre-right): That will be part of the negotiations, but what I can say—and I have said many times—is that we are seeking the broadest and deepest possible future economic partnership with the EU, covering more sectors and co-operating more fully than any free trade agreement. We believe this is achievable, because it is in both our interests, but also because of our unique starting point that on day one we have the same laws and rules. Rather than having to bring two different systems closer together, the task will be to manage the relationship once we have two separate legal systems. That is why we believe that we need to look beyond precedents and find a new balance.
United Kingdom-European Union Future Economic Partnership — House of Lords, 2018-03-05
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): Certainly, the Government are working very hard with the main parties in Northern Ireland to try to re-form the Northern Irish Assembly, because we absolutely want that body back representing the people of Northern Ireland. I can also say that the UK and Irish Governments are equally committed to ensuring that our departure from the EU does not lead to a hard border. The Prime Minister and the Taoiseach have committed to work with the Commission to explore proposals and develop practical solutions to this question; that is something that we are focusing a lot of energy on, because we absolutely agree on its central importance.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Nicholas True (Conservative, Centre-right): My Lords, I fear I must intervene at this point, having been restrained a little earlier. I did have some amendments down which I thought were rather germane to the transition period potentially, on which noble Lords could take different views, but in the interest of making progress I thought that those issues could be more intelligently addressed once we knew a bit more about the progress of negotiations I must point out that, prior to that, four groups of amendments had occupied your Lordships’ House for five and three-quarter hours. At that average rate of progress and with 85 groups still to consider on the Marshalled List, many of which have been tabled by noble Lords who are concerned about leaving the European Union, we will need 13 more days in Committee, sitting for nine hours until midnight every day, with no dinner break and without considering any other business. With all respect, I do not consider that that is a good way to make progress or that it is sufficient progress to make. I think that a number of your Lordships will probably agree privately with those reflections We have a 19-clause Bill here, to which already your Lordships’ have tabled 67 new clauses. Perhaps some of these statistics might be noted outside. The amendment to which I speak is such a new clause I feel that, with all respect—
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Nicholas True (Conservative, Centre-right): My Lords, I could well be tempted and I suppose that it depends on how quickly you can see paint dry. I leave it to people outside your Lordships’ House to judge the progress that we have made in the first four days, despite some of the undertakings and understandings of the Opposition Front Bench. Perhaps I may say that I greatly value and respect the Bench whose behaviour has been absolutely admirable and exemplary. I do not think that we have made fast enough progress, which is not justified. There are important issues to raise and I have simply suggested that these are some things that, as with the reports of your Lordships’ committees, could be discussed in other forums—but surely not during consideration of this little 19-clause Bill with a rather narrowly defined purpose and given all the other legislation that we have coming forward I oppose this amendment. It suggests a new mechanism for the Government in relation to our future relations with the EU which is unnecessary. I look forward to seeing the progress that the noble Baroness wishes to see being made.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Ian Duncan (Conservative, Centre-right): The noble Baroness makes an interesting point as to why people have not been able to hear these points, but I am iterating what the Prime Minister, and a number of other Ministers in the Government, have said as regards this, and am pleased if I have been able to cut through some of the hubbub that has surrounded it. We are and remain a Government committed to ensuring that on day one after Brexit there is no diminution whatever in the rights which are and have been enjoyed through our membership of the EU. It is important to stress that. I hope I have been able to give noble Lords some reassurances this evening and some confidence that they will be able to set aside these amendments on this occasion.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Richard Keen (Conservative, Centre-right): The noble Baroness is confusing two distinct issues. The Bill is about the retention in domestic law of EU retained law at the point of Brexit. The Prime Minister was addressing our future relationship with the other 27 members of the EU in the context of our seeking to align in some areas and not align in others. This will be the subject of negotiation which is about to commence and will apply in agreeing a transitional period, and then our post-transitional period relationship with the other EU 27. They are two distinct issues On the noble and learned Lord’s observation about the general principles, these are retained as an interpretive tool. It may impact upon the matter of remedies but not on the issue of rights. One has to bear in mind that distinction Reference was made by the noble and learned Lord, Lord Wallace, to the case of Benkharbouche, which was a classic example of where the issue of rights had to be distinguished from the issue of remedies. There were rights arising under Article 6 of the convention but there was an also an issue as to whether or not certain principles arising by reference to the charter were also in play. I believe it was Article 46 of the charter that was referred to by Lord Sumption, who delivered the opinion of the court. The point was that while the rights could be identified by reference to the convention or the charter, the particular remedy there arose by reference to the charter. I acknowledge that that is the case.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Richard Keen (Conservative, Centre-right): No, I do not accept that. I certainly do not accept that that is the position under reference to the Walker case. However, I am content to come back to the noble and learned Lord on that question on the Walker case but I do not accept that it falls in the way he indicates Perhaps I can make some progress. We remain of the view that after we cease to be a member of the EU there is a real risk of allowing general principle challenges to continue indefinitely, which is what these amendments would allow. Simply put, this would not be in keeping with our undertaking—our promise—to return sovereignty to this Parliament Of course we are aware of the concerns that have been raised, particularly about the impact on those whose cause of action precedes exit but who are unable, for whatever reason, to issue proceedings before some change takes effect. That is why we brought forward amendments on Report in the other place to provide reassurance that where a breach of the general principles occurred or gave rise to a potential claim before exit day—that is the important point—individuals and businesses will still have the opportunity to make certain claims based on the breach of the general principles of EU law for a period of three months after exit date. That period of three months after exit date is taken to mirror the period normally allowed in the context of applications for judicial review. That strikes a balance between ensuring that, on the one hand, individuals and businesses will still have the opportunity to bring these challenges and, on the other hand, delivering the result of the referendum and maintaining our parliamentary sovereignty While we believe that the compromises we have already made on the general principles of EU law have improved the Bill, the Government are looking again at these issues to see whether this part of the Bill can be improved in keeping with some of the concerns that have been expressed. That is because we understand the complexities of the issues that arise in the context of Schedule 1 and we are looking at those at present With that, I hope that the noble Baroness will see fit to withdraw her amendment.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Richard Keen (Conservative, Centre-right): As the noble and learned Lord rises to his feet I am reminded of his reference to whether paragraph 3 includes Acts of the Scottish Parliament passed before Brexit day and not within competence. If they are not within competence, they are not law.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Edward Faulks (Conservative, Centre-right): One of the points I was going to make concerned the continued role of the ECJ, but while I am on my feet, I entirely understand the noble Lord’s points about transitional provisions, but will he clarify to the House whether his support would go as far as the noble Lord, Lord Davies, in having a continuing Francovich?
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Law and Crime
Ralph Matthew Palmer (Conservative, Centre-right): My Lords, it seems to me that if the Government break the law, they should be judged on the basis of the law at the time that they break it and that this is not a Bill in which the Government should seek to advantage themselves by averting that principle.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): My Lords, I am obliged. Reference has been made to the Francovich principle. I am not sure there is such a principle, although there is the issue of Francovich damages, which arises from the case that was referred to in 1991. In order to put that into context, since 1991, and in the 20 years following, there have been 22—possibly up to 25—claims for Francovich damages in the UK courts. This is not some wide-ranging citizen or business right for the recovery of damages. There have been very few actual Francovich damages claims. I see the noble and learned Lord, Lord Goldsmith, shaking his head, but I invite him to study the case law.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): I am just about to come on to that. I am obliged to the noble and learned Lord for his patience in that respect, and will endeavour to deal with matters as swiftly as I can, given the hour. The noble Lord, Lord Carlile, very correctly, pointed out the criteria that apply in determining whether or not there is a claim for Francovich damages: first, that the relevant provision of European Union law was intended to confer rights; secondly, that there has been a serious failure to implement European Union law; and thirdly, that there is a direct causal link between that failure and the loss complained of. I would not go so far as to suggest that Francovich damages are in some sense more generous than those available otherwise under the common law in this country, particularly those available in the context of judicial review. I have to point out to the noble Lord, Lord Davies, that damages are potentially available in a claim for judicial review.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): With respect, it is not. I have to say to the noble Lord that Francovich damages are a rare remedy, as I have already indicated. Damages in the context of judicial review are not so uncommon as the noble Lord was suggesting. They are available as a remedy, albeit in limited circumstances.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Richard Keen (Conservative, Centre-right): Perhaps I can continue just for a moment. I would begin by looking at the Bill against that background. Paragraph 4 of Schedule 1 is perfectly clear in saying the right to Francovich damages is removed, because of course it is related to a breach of European Union law, and it would not be appropriate to continue—in accordance with Amendment 43—after we have left the European Union. The Bill is quite clear in saying that there is, "no right in domestic law on or after exit day to damages in accordance with the rule in Francovich" To that extent, it does deal with the issue raised in the context of Section 16 of the Interpretation Act 1978.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Richard Keen (Conservative, Centre-right): I wonder whether the noble Lord could exercise a small degree of patience while I just complete what I have to say on this topic. But we can take as long as it takes. As I was saying, in terms of paragraph 4 of Schedule 1, the right in domestic law to damages in accordance with the rule in Francovich is removed as at exit date. There is of course a proviso in paragraph 27 of Schedule 8 in respect of claims for Francovich damages which have already been raised prior to exit date—the point that the noble and learned Lord, Lord Goldsmith, made. The potential lacuna is this: there may be accrued rights as at exit date where no claim has been made. We recognise that and it was noted in the other place. We are open to addressing that issue in order to ensure that those accrued rights are not removed by the application of paragraph 4 of Schedule 1. That is something that we are prepared to look at, as I have indicated, because we are aware of the criticism that has been made about the potential removal of rights that have already accrued as at the exit date.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Richard Keen (Conservative, Centre-right): I am obliged to the noble and learned Lord. As I say, we are addressing that issue, which we recognise, and therefore in time for Report we will be determining what our position is. I cannot go further at this stage and I am not going to commit to an amendment, but I make it perfectly clear that we recognise that there is a potential lacuna arising from the fact that while, where a claim has been made before Brexit date it is continued, where the claim has accrued but no claim has actually been made it would be lost by this process. We recognise that there is room for criticism of the legislation on that basis; I am absolutely clear about that In these circumstances, I recognise the force of the amendment proposed by the noble and learned Lord, Lord Goldsmith, and that proposed by the noble Lord, Lord Carlile, in order to address that issue. I would take issue with the scope of the amendment proposed by the noble Lord, Lord Davies, which goes well beyond that and would maintain some sort of claim for Francovich damages in a context quite unrelated to our departure from the EU. I underline that this would not be appropriate I mentioned earlier the limited number of cases in which Francovich damages have arisen. That in itself suggests that it might be a proportionate response to the amendments made by the noble and learned Lord and the noble Lord, Lord Carlile, to allow for claims that have accrued because they are potentially very few indeed. I recognise that entirely. I am not committing to an amendment at this stage but I will make the position clear by the time we reach Report. In the circumstances, I invite the noble Lord to withdraw his amendment.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): That is one example of where a claim for damages would arise in the context of a judicial review. There are distinct circumstances in which Francovich damages will arise. The noble Lord will himself recognise that the circumstances in which you can actually establish a basis of claim for Francovich damages are even rarer than those instances in which you can establish one in domestic judicial review.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): In response to the noble Lord’s observations, we are dealing in the context of Francovich with the court having to find that there has been a serious failure with regard to an EU obligation, and I suggest that that is not very far from the test of misfeasance in the context of judicial review.
National Security Situation — House of Lords, 2018-04-19
Topic: International Affairs
Frederick Richard Penn Curzon (Conservative, Centre-right): We certainly believe that Mr Assad needs to be a part of the negotiations leading to a long-term solution, as I shall explain. There needs to be a transition to a new, inclusive and non-sectarian Government who can protect the rights of all Syrians and unite the country, but we are pragmatic about how to achieve that.
National Security Situation — House of Lords, 2018-04-19
Topic: International Affairs
Frederick Richard Penn Curzon (Conservative, Centre-right): I take the point, but I repeat that our view is that there needs to be a transition to a different regime, despite everything the noble Lord has just said. Syria’s future must be for Syrians to decide.
National Security Situation — House of Lords, 2018-04-19
Topic: International Affairs
Mark Schreiber (Conservative, Centre-right): With great respect, there really is confusion in what my noble friend says. One moment he is saying that Assad has to be involved; the next moment he is saying that there has to be regime change; then he contradicts the idea that you have to talk to people of whom you disapprove and negotiate with them. It seems to me that, far from learning from the mistakes of the past, we are digging our heels into them.
European Union (Withdrawal) Bill — House of Lords, 2018-01-30
Topic: International Affairs
Matthew Ridley (Conservative, Centre-right): My Lords, this is not the Bill that enables us to leave the European Union. It is the Bill that makes sure the law works when we do. Britain voted decisively in 2016 to leave the EU. Both Houses of Parliament then voted to leave the EU. Both main parties stood in the general election on a manifesto of leaving the EU, while the Liberal Democrats and Scottish nationalists, who stood on the opposite promise, lost votes and seats Now, the elected House of Commons has sent us this Bill almost unamended. That does not mean we cannot scrutinise and amend it, but it does mean that trying to wreck it, under the pretence of amending it, is not acceptable. If, in this gilded, crimson echo chamber of remain, this neo-Jacobite hold-out for the euro-king across the water, we indulge in wrecking this Bill, we will not stop Brexit—but we might hurt Britain. The public reaction would rightly be severe. In the part of the world I come from, in Ashington, Blyth and Cramlington, they will say—I paraphrase—"How dare that unelected panoply of panjandrums and pampered popinjays think they know better?" I look around this Chamber and, among those with genuine concerns about the Bill—many of whom will have listened attentively to my noble friend the Leader and her careful concessions on the SLSC and affirmative procedure—I also see people pretending to worry about democracy while trying to undermine it and pretending to want the best for the country while talking down Britain. I see people who, unlike David Cameron, refuse to admit that, "Brexit has turned out less badly than we first thought" That is a quote.
European Union (Withdrawal) Bill — House of Lords, 2018-01-30
Topic: Government Operations
Ellen Eaton (Conservative, Centre-right): My Lords, I declare my interest as a vice-president and former chairman of the Local Government Association As did many Members of this House, I began my political career as a local councillor. I have seen first-hand how services can be improved by devolving powers over them to local areas rather than running them from Whitehall. Brexit should not simply mean a transfer of powers from Brussels to Westminster, Holyrood, Stormont and Cardiff. We have an opportunity to do things differently, and to do them better The White Paper on legislating for withdrawal from the EU stated that leaving the EU is an opportunity to ensure that, "power sits closer to the people of the UK than ever before" To my mind, that means that we must devolve power to our communities. We also know that legislation concerning education, housing, social care and numerous other issues has been improved by the involvement of local government. Parliament benefits from the experience that many Members gain from serving in local government and working for the LGA and its members At present, local government has a formal advisory role in the EU law and policy-making process through its membership of the Committee of the Regions. The committee has made sure that the voice of local communities is listened to and informs law and policy- making. Just one example of its work is its successful campaign to block an attempt to set binding EU targets for the renovation of local authority properties. Despite MEPs supporting the Commission’s proposals, Ministers supported the committee’s view that the targets would set an intolerable £5 billion burden on local councils, and that a more general objective for each member state would better respect the principle of subsidiarity. In my eyes, this does not mean that the committee has been perfect; it certainly has not. We do not wish to leave one large bureaucracy and create another home-grown version. I am not recommending that we recreate the committee, and neither is the LGA. However, it is important that we ensure councils have a formal role, as new legislation that affects them is brought before Parliament I know that the LGA, together with the local government associations in Wales, Scotland and Northern Ireland, has been in discussion with the Government about how councils’ advisory role might be continued once we leave the EU. It is positive to read that the Government have already had constructive discussions with local government about how the consultative rights that councils have at European level, through the Committee of the Regions, might be replicated domestically, without recreating the committee I hope that these discussions will continue to make progress and the Minister will be able to update the House with a solution.