argyrotsipi/train-dataset huggingface dataset:
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-09-05
Topic: Mixed Topics
Elizabeth Barker (Liberal Democrats, Centre to centre-left): My Lords, we return to the topic that we were discussing before the break: the conditions that have to be met for authorisation of deprivation of liberty arrangements. During the dinner break, I reflected on what the Minister said in response to the previous Amendments 7 and 8, which were in similar territory. I understand entirely what he said about the best interests test being in the Mental Capacity Act and that being the first stage of assessment. However, on the secondary assessment for arrangements for either care and treatment or deprivation of liberty, the Minister seemed to suggest that there was a possibility of conflict between those two things or a misunderstanding of them. I will go back over some of that territory again; that may irritate the Minister, but it has been clear all afternoon that one of the main purposes that these proceedings in your Lordships’ House may serve is to enable people outside in the lobby groups, who, like us, have not been able to see a clear read-across from this Bill back to the original legislation, now to do so Amendments 9, 10 and 30 seek to reiterate or reintroduce concepts which will be very familiar to all those who took part in the deliberations during the passage of the Mental Capacity Act. Under that legislation, it was always to be made clear to a person who was possibly going to be subject to a deprivation of liberty, and to anybody involved in that decision-making, that the well-being, wishes and feelings of that person had to be taken into account, that any decision would be the least intrusive as possible, and that the arrangements being made for the person were the least restrictive, particularly with regard to where somebody should reside. That is for many people, particularly older people, perhaps one of the most contentious decisions. It is often one of the subjects on which there can be conflicting views between families and individuals or between professionals and individuals I have said before and—given that the one thing that has stuck out in the Bill is the enhanced role for care commissioners and, particularly, home care managers—I do not think it is unreasonable to go back again and satisfy ourselves that, when the authorisation of arrangements happens, these key parts of the Mental Capacity Act will again form part of the assessment. I hope, when we come to further amendments down the line, that they will be part of the record of decision-making. I do not make any apology for raising these amendments. I am sure the Minister will bat them back, but if he will do so with a deal of explanation then I think we will have served a purpose. I beg to move.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-09-05
Topic: Mixed Topics
Elizabeth Barker (Liberal Democrats, Centre to centre-left): I thank the Minister for that reply. We started with the mental capacity legislation, which is explicit in having the person at the centre of everything that happens. Yet we know from several reviews that have been conducted, including the review by the Select Committee, that the implementation of that legislation has been very patchy. To then be faced with a piece of legislation in which consultation with the person is not on the face of the Bill seems to be moving a long way from that original principle I have let the Minister talk about the code of practice repeatedly and I have not mentioned it so far, given that we have other amendments to debate. However, we found out with the Mental Capacity Act that reliance on the code of practice was one of the reasons why the Act was not implemented as well as it should have been. We will come on to that in far more detail, but there are some things that are so fundamental to the operation of this that we should know by now that leaving them to the code of practice is not acceptable. We can talk about implementation within the code of practice, but there are some things that need to be on the face of the Bill. For me, we really have hit that. If we are not even going to attempt to consult people, that for me is a red line, so I am pleased that the Minister has agreed to talk to us about that The points made by the noble Baroness, Lady Hollins, about the weighting of the wishes and feelings are also important. Those wishes do not sit on an equivalent level with the views of everybody else. They should be pre-eminent.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-09-05
Topic: Other
Elizabeth Barker (Liberal Democrats, Centre to centre-left): I thank noble Lords for their support. We will need to return to this and I am glad that the Minister has taken that point Another reason for tabling the other amendments to ensure that arrangements are the least intrusive and least restrictive option is that, as we will debate on later amendments, the Bill is somewhat deficient in the extent to which it requires that people should be given information on which to base the consultation. I make no apologies for raising this again at this time. It is something that we I hope we will discuss between now and later stages of the Bill. I hope that the Minister can understand the reasons for the concerns that lay behind the amendment. Having said that, at this point, I beg leave to withdraw the amendment.
Armed Forces (Specified Aviation and Marine Functions) Regulations 2018 — House of Lords, 2018-10-10
Topic: Mixed Topics
Julie Smith (Liberal Democrats, Centre to centre-left): My Lords, I was nominated to speak from the Front Bench this evening and have very little to say on this matter. The regulations seem to be admirably sensible and not overly draconian. In civilian life, if there were an accident in a similar situation, one would expect to be breathalysed. Therefore, we on these Benches have nothing to add.
Windrush — House of Lords, 2018-09-04
Topic: Civil Rights
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, the Minister referred to the "lessons learned" review. I am not asking a question on this first point, but it must have been a shock—and a lesson—to a number of individuals to have learned that three deportees had died. On the review, can she confirm that the work will apply much more generally than to the Windrush generation? The objectives refer to "operational decisions". I have heard, from someone who used to work at the Home Office, that the way in which it took decisions in the case of Windrush showed "casual cruelty". The Joint Committee on Human Rights, of which I am a member, did not use quite such strong language, but in its recent report it referred to the fact that there was no power to detain being "blithely ignored", and used the word "shocking" of the Home Office’s approach to Windrush cases; the whole committee agreed to that. It would be surprising if those attitudes were confined to decisions regarding simply the Windrush generation, so can the Minister give the House assurances about the broad application of the lessons to be learned?
Electoral Commission — House of Lords, 2018-07-17
Topic: Mixed Topics
Christopher Rennard (Liberal Democrats, Centre to centre-left): My Lords, if the referendum was not fundamentally flawed, why are the Government so reluctant to concede that there is now a very strong case for a judicial and public inquiry into the conduct of the 2016 referendum?
New Towns Act 1981 (Local Authority Oversight) Regulations 2018 — House of Lords, 2018-07-09
Topic: Housing
John Warren Shipley (Liberal Democrats, Centre to centre-left): My Lords, I remind the House that I am a vice-president of the Local Government Association, and I recognise the contribution of my noble friend Lord Taylor of Goss Moor in getting us to this stage As the Minister said, these regulations relate to both the new town development corporation model and to the oversight of them being transferred from the Secretary of State to local government where local government requests it—and, rightly, any designation will be subject to consultation and parliamentary scrutiny. As he also said, it is important that this process is locally led. Our country has a proud history of the creation of new towns, mostly through the development corporation model. However, local government has a strong history of delivery—Northumberland County Council with Cramlington new town is an excellent example of local government leadership My noble friend Lord Taylor of Goss Moor referred to changing the regulations so as not to have an imposed borrowing limit of £100 million. That is the right thing to do. However, it means that strong financial controls will need to be in place and, in that respect, it will be necessary for the boundaries of the local authority oversight powers and the new town development corporation’s powers to be clarified in some detail in guidance as to exactly where the dividing line between the two is I am also pleased that the membership will be made up of a majority of independent members, who will have to demonstrate the required expertise and skills to make a success of the development corporation. However, what steps might the Government introduce in guidance to make sure that the appointment of independent members is a full and open process in which it can be demonstrated why they have been appointed My noble friend Lord Taylor of Goss Moor talked about the quality of development and the number of homes of quality that are required. He was absolutely right in what he has said. From my perspective, in order for this process to work, we need more highly professional planners who understand how to build communities rather than dormitory developments in the form of new housing estates. In my view, over recent years planning has become more about gatekeeping developers than strategic planning, so I hope that these regulations will be seen as a major opportunity to reverse that trend In conclusion, as the Minister said, this is about local ownership. Moreover, as my noble friend Lord Taylor of Goss Moor said, this should not be controversial because it is a major and welcome step forward.
Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill — House of Lords, 2018-07-18
Topic: Housing
Kathryn Pinnock (Liberal Democrats, Centre to centre-left): My Lords, I remind noble Lords of my relevant interests, which are in the register, as a councillor and a vice-president of the Local Government Association I thank the Minister for accepting the principle of the amendment that I and my Liberal Democrat colleagues tabled both in Committee and on Report. That amendment has now been transformed into a fully fledged amendment, and I thank the Minister for tabling it on behalf of the Government We fully support the amendment before us today. Its purpose is clear: to significantly reduce the number of homes that lie empty and unused, which some reports say is as high as 200,000. This is at a time when all agree that there is an urgent need to increase the supply of housing. This amendment is one way of making the most of the housing stock that we have. There are, rightly, exemptions to this policy, and the Minister has outlined what they are. Implementation of the legislation is at the discretion of local authorities, and I hope and expect they will take into account areas that are destined to be redeveloped, and where the sale of a house would be very difficult I also welcome the Minister’s comment that there will be a review of the guidance attached to the Bill. Like the noble Earl, Lord Lytton, I raised concerns about that guidance in the Bill’s early stages, namely that it probably lacked the clarity to ensure that the legislation was properly and fairly implemented As I said before in discussion on the Bill, there are some owners who, to my personal knowledge, leave properties empty for no other reason than that they do not want to sell them. One property that I mentioned before has been empty for 29 years. I asked the local authority concerned what action it has taken. It said that it has discussed the matter with the owner, who simply does not want to sell the property. So it is left there like a historic relic of 30 years ago. There are instances of that happening. My hope is that with an escalation of the premium on council tax, it will be a financial disincentive to leave homes empty for so long That is why I am totally supportive of this amendment, based on the principle that I and others laid before the House in Committee and on Report. I thank the Minister for the discussions we had and for his positive reaction to the principle that I set out. I am also grateful for the help I received from the Liberal Democrat Whip’s office in formulating this idea as an amendment. We fully support the amendment.
Brexit: People’s Vote — House of Lords, 2018-10-25
Topic: Other
Menzies Campbell (Liberal Democrats, Centre to centre-left): My Lords, I am grateful to all who have spoken in this debate and, naturally, I include the Minister. I hope he will forgive me if I say that in the course of the debate, he has reminded me of the first line of a Victorian poem: "The boy stood on the burning deck, Whence all but he had fled".
Immigration — House of Lords, 2018-10-25
Topic: Civil Rights
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I too thank the noble Baroness for repeating the Statement. In the interests of time, I have edited the questions that I wish to ask so as not to repeat those of the noble Lord, Lord Rosser, which were all very good and pertinent The Minister tells us that this is in effect an apology to those affected. Will the Home Secretary contact the individuals affected to give them a personal apology? That seems the proper thing to do, because the events that we have heard about must have been quite devastating for some of those affected. Instructions have been given that officials must not seek DNA evidence on a mandatory basis. Can we be assured that "mandatory" will be given quite a wide meaning? If I were told that I was unlikely to be believed if I did not provide DNA evidence, I would regard that as mandatory, or something very close to it. A new task force has been set up, and we have heard about the external oversight, but is the task force comprised of Home Office officials? Is it they who will give advice and support, and are those affected going to be told that that advice and support will be available to them On reimbursement, the words in the Statement are, "looking to reimburse". I am not suggesting that an attempt has been made to find weasel words—it is a fairly common way of saying "we will reimburse"—but I would like to hear that this is a little more than a hope, and without requiring the release of the claim, which I think was the point touched on by the noble Lord, Lord Rosser During the Joint Committee on Human Rights inquiry into what happened in the case of the Windrush generation—I am a member of that committee—we were concerned to know what action was taken when errors were discovered, with regard to individuals. That is perhaps another way of asking what sort of internal audit is in place and what steps are taken when it is found that mistakes have been made by individual officials. In saying that, I am not seeking to blame officials: I believe that those who operate the system seek to apply what they understand to be Home Office policy, sometimes expressed, sometimes implied The Statement refers to, "how to address the root causes", of the problem. The "committed people"—I use the Home Secretary’s term—who operate the system will naturally seek to achieve what the politicians are aiming for: they take the detail and the tone from them. I think that happened in the case of the Windrush generation, and the hostile or compliant environment is not, to use the words of the Statement again, "fit for the modern world" That is why the Liberal Democrats have recently agreed as our policy that processing immigration and asylum applications should be taken away from the Home Office, with a new dedicated unit set up. This scandal is an example of why it is important to ignore political pressure and work fairly and lawfully in processing applications.
Immigration — House of Lords, 2018-10-25
Topic: Immigration
William John Lawrence Wallace (Liberal Democrats, Centre to centre-left): My Lords, the Minister may know that I have been looking at the problems which British universities are now having with visas for their staff and students, and the families of their staff. In the last two weeks I have spoken to a number of university teams about this, and on Monday a senior officer of one of our most effective and renowned universities said to me, "We pay £25,000 for a premium service because that’s the only way one gets a basic service these days" My strong impression is that what we have just heard is one indication of a severely overloaded system. As we approach a peak of applications coming towards March 2019, with people wanting to clarify what position they have within Britain, that system is coming close to breakdown. The noble Lord, Lord Rosser, mentioned the cuts in staffing, and it is clearly understaffed. Telephone lines are frequently impossible to get through to; passports are taken away and do not come back for eight to 10 weeks A lawyer friend of mine who, as a dual national, was asked to supply both her passports when trying to change to her new married name could not find anything in the regulations that required her to send her French as well as her British passport away for eight weeks. Can this review therefore take a rather wider survey of whether the current visa system is able to cope with the weight of applications coming to it? The series of stories that I have been hearing from university staff and university HR departments suggests that it is not coping at present.
Immigration — House of Lords, 2018-10-25
Topic: Immigration
Sarah Virginia Brinton (Liberal Democrats, Centre to centre-left): My Lords, the Minister referred repeatedly to guidance. First, will she inform the House which Minister signed off the guidance? Secondly, she seems to be agreeing that a target culture is wrong. Does that mean that we still have a target for immigration of fewer than 100,000?
Affordable Housing — House of Lords, 2018-10-25
Topic: Housing
Celia Marjorie Thomas (Liberal Democrats, Centre to centre-left): My Lords, I shall add to what my noble friend Lady Brinton said about housing that is accessible to disabled people. In Britain, 13.3 million people are disabled, with the figure set to rise rapidly as the population ages—and yet in England only 7% of homes have minimum accessibility features. As we have heard, Part M4 of the building regulations provides three accessibility standards: category 1, the default minimum; category 2, the much better lifetime homes standard: and category 3, the better-still wheelchair housing design standard This year, Habinteg, a housing association specialising in accessible homes, analysed the accessible housing policies detailed in 263 of the 365 local plans across England. It found that, although 65% of the local planning authorities that it reviewed made reference to the lifetime homes standard or category 2, only 32% made a firm commitment to deliver a specific proportion of new homes to that standard. Just 18% committed to a specific proportion of new homes using category 3 Surely we should future-proof our investment in new homes by making the category 2 standard our minimum requirement. This is already specified in the London plan, but not everywhere. Should not requirements to meet access standards set out in building regulations be extended to change-of-use developments, which account for a significant number of new homes, particularly in our cities It is important to note that disabled people whose housing needs are met are four times more likely to be in employment than those with unmet needs, and having more accessible and easily adaptable homes can alleviate pressure on health and social care services and budgets, as we have already heard, for example by speeding up hospital discharge and enabling greater independence at home As for adapting existing housing, local authorities should be urged to make use of the new toolkits produced by the Equality and Human Rights Commission in partnership with Habinteg which cover, among other things, providing and managing housing adaptations and the allocation of housing. I also make a plea for an increase in the disabled facilities grant, because a lot of families face serious financial hardship when they try to fund vital adaptations to their homes themselves. This is a particular problem for families with wheelchair-using children as they get bigger and cannot be carried up and down stairs. The need for more accessible and adaptable homes is very pressing, and I urge the Government to see what action they can take to tackle this problem as soon as possible.
Civil Liability Bill [HL] — House of Lords, 2018-06-12
Topic: Domestic Commerce
Jonathan Marks (Liberal Democrats, Centre to centre-left): My Lords, we share the Government’s objective of reducing fraudulent whiplash claims, but we do not agree that the proposed arbitrary reduction in damages for all claimants, fraudulent or genuine, coupled with removing judges from the assessment of damages, is a proper way in which to address it. For that reason, I shall concentrate on supporting Amendment 18, so eloquently and comprehensively spoken to by the noble and learned Lord, Lord Woolf, with his strong appeals to principle We welcome banning cold calling, whether by claims management companies, car hire companies, car repair companies, solicitors or anyone running a calling operation for any of them. Section 35 of the Financial Guidance and Claims Act makes a start in banning cold calling, but its main weakness is that it does not outlaw the use in this country of information obtained by cold calling, often from abroad, and the definition of claims management services in that Act looks to me insufficiently broad. By amendments in the fourth group, we try to address the use of information from cold calling We welcome prohibiting settlement of whiplash claims without medical reports from properly accredited clinicians. So those provisions on cold calling and medical reports are targeted on reducing or eliminating fraud. However, the proposed radical reduction in the level of damages to the Government’s very low tariff is a blunt instrument that would indiscriminately cut to the bone compensation for genuine claimants as well as for fraudulent ones. The purpose of general damages in personal injury cases has, as the noble and learned Lord, Lord Woolf, explained, always been to compensate claimants, so far as money can, for the injuries they have suffered as a result of the negligence of defendants. Clause 2 abandons that principle in whiplash cases. If Amendment 18 is carried, Clause 3 would be meaningless, so we would expect the Government to accept Amendment 30 in the name of the noble and learned Lord, Lord Woolf.