argyrotsipi/train-dataset huggingface dataset:
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-22
Topic: Civil Rights
James Donnelly Touhig (Labour, Centre-left): My Lords, these amendments go some way to ensuring that a cared-for person is not left without an independent mental capacity advocate or the support of an appropriate person. Much of the Bill as it stands represents what I think is a real assault on human rights. For heaven’s sake, we should be listening to the contributions of the noble Baronesses, Lady Hollins, Lady Barker and Lady Finlay, and that of my noble friend Lord Hunt. He has shared with me the email from the carers of HL and it is very powerful. My father was a miner and he would have said, "This is the experience from the coalface". We can take this as an important contribution to understanding the difficulties that families face when they have to deal with the issues we are discussing Amendment 66 would give a local authority discretion to appoint an appropriate person or an independent mental capacity advocate without notification from a care home. Mencap and others have argued most powerfully that this amendment would minimise the risk of conflict of interest. That is important, as we have seen in other debates. It would mean that a care home arrangement could be more easily challenged and subject to scrutiny. Is not challenging and scrutinising what we do every day in this House? We challenge and scrutinise legislation brought forward by the Government; that is our role. Why would we deny that opportunity to the vulnerable people we are talking about in this Bill? As it stands, the process for deciding whether to appoint an appropriate person or advocate requires a series of capacity assessments and best interest decisions made by the responsible body or the care home manager, even though both convention and domestic law have made it clear that there is no place for best interests in Article 5 appeal rights. Unless we effect change, this Bill will pass into law and we will see a cared-for person without the appropriate support of either an independent mental capacity advocate or an appropriate person—and that at a most crucial time in their life. That cannot be right. Amendments 76 and 77 are important if we are to ensure that the appropriate person gets the support they need for the role they have undertaken. We have had several long and important debates during the passage of the Bill. These amendments are reasonable and surely the Government must now start to listen.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-22
Topic: Civil Rights
Dorothea Glenys Thornton (Labour, Centre-left): The Minister will be familiar with this amendment because it stems from Inclusion London, which drafted it. I know that it has written to him about it. It is run and controlled by disabled people, is very concerned about the Bill and wants this issue discussed The amendment concerns ensuring the effective participation of P in the Court of Protection proceedings. It gives P the presumed right to give evidence and sets out a number of ways in which that might happen. The organisation has copied me in to a letter to the Minister. It writes that one of the key challenges to date has been securing P’s meaningful participation in Court of Protection proceedings, something acknowledged in the 2018 Joint Committee on Human Rights report, The Right to Freedom and Safety: Reform of the Deprivation of Liberty Safeguards. Participation is an important issue for a number of reasons, including that it is more likely to place the person at the centre of the decision-making process and may change the outcome of the case. Research suggests that P rarely participates in or gives evidence in proceedings. In the light of the Government’s emphasis on providing protection for people who may lack capacity, it is asking us to consider the amendment. This seems a reasonable point, and I shall be interested to hear what the Minister has to say in response. I beg to move.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-22
Topic: Civil Rights
Philip Alexander Hunt (Labour, Centre-left): My Lords, I have three amendments, starting with Amendment 87A. It sets out a number of requirements before the Act can come into force, embracing a set of independent reports that I would like to see commissioned by the Secretary of State. They address work on the rewording of the expression "unsound mind"; the availability of independent advocacy; appeals on behalf of cared-for persons; the availability of legal aid and support for cared-for persons participating in court proceedings; and short and long-term costs for implementing provision bills for local authorities, the courts and the health service. I recognise some of these points have already been discussed, on the second day of Committee in particular, and the Government are bringing forward amendments so the Bill reflects the need to consult the cared-for person. The Minister also agreed to look further at the expression "unsound mind", which many believe is stigmatising and outdated language I hope the Government might just go further. This amendment is based on the report of the Joint Committee on Human Rights and reflects some of the issues it would like to see covered in legislation. I will not comment in detail, but I want to come back to the role of the Court of Protection. We discussed this on the second day of our proceedings, and I think the Committee was informed by the view that recourse to the Court of Protection should be avoided wherever possible, because of the stresses and strains involved and the cost. I am certainly conscious that we do not want to create a situation where mental capacity professionals defer their responsibility to the court, and individuals have to undergo court procedures unnecessarily According to Dr Lucy Series of the School of Law and Politics at Cardiff University, while the cost and stress of applications to the Court of Protection is undeniable, research by Cardiff has shown that the Government have taken the decision not to reform the Court of Protection, which would make it less costly, less stressful and more like the tribunal approach that many noble Lords would like to see. It is instead being managed by, essentially, restricting access to justice. A week ago, the noble Baroness, Lady Stedman-Scott, said that, "if a person wants to challenge their authorisation in the Court of Protection they have the right to do so".—[Official Report, 15/10/18; col. 371.] However, the practicalities are that people may experience extreme difficulty initiating a court action without assistance, as will their families. The evidence on this matter was very clear to the House of Lords Select Committee on the Mental Capacity Act and the Law Commission. I hope that the Government will consider it.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-22
Topic: Civil Rights
Dorothea Glenys Thornton (Labour, Centre-left): This is the last amendment, and I will be very brief. It is quite appropriate that the last amendment we consider is about Article 5 of the ECHR, which is about the core of the Bill: people’s liberty and the deprivation of it. I have four things to say. The reason this amendment is so important is because it addresses the things that we have found lacking in the Bill which we feel need to be addressed. They are: the availability of information; advocacy and the fact that people need to have access to champions; representation; and the conflict of interest that arises when a detainer is required to assess a detainee. Particularly where a financial interest is in play, it is obvious that it has to be addressed if the proposals in the Bill are to be Article 5 compliant, which they need to be. That is the test that we need to apply to the Bill all the way through. I beg to move.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-22
Topic: Civil Rights
James Donnelly Touhig (Labour, Centre-left): My Lords, I have spoken several times in Committee about my concern that the Bill as it stands is an assault on human rights. I have also mentioned in past debates that I am proud of the reputation of the all-party British delegation to the Parliamentary Assembly of the Council of Europe, so ably led by Sir Roger Gale, which has a proud record of defending human rights in that body. Article 5 of the ECHR protects our right to liberty and security. It focuses on protecting individuals’ freedom from unreasonable detention as opposed to protecting personal safety. As a result of Article 5, your Lordships and I have a right to personal freedom. That means we must not be imprisoned or detained without good reason. The Bill before us is about the quality of life, the care and the respect of some of our most vulnerable fellow citizens. This amendment is about giving our fellow citizens, who may not have the capacity to defend themselves in the way that we take for granted, the same rights that we enjoy.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-10-22
Topic: Other
Dorothea Glenys Thornton (Labour, Centre-left): I thank the Minister for that answer, and for his recognition that the reason for tabling the amendment at this point in the Bill was to allow us to say that these were the issues we needed to address, as the noble Baroness, Lady Barker, and my noble friend Lord Touhig outlined. I am pleased that the Minister has acknowledged that. I beg leave to withdraw the amendment.
Automated and Electric Vehicles Bill — House of Lords, 2018-06-13
Topic: Other
Denis Tunnicliffe (Labour, Centre-left): Before the Minister sits down—because it seems to me that I have to use that ridiculous device—I reciprocate the thanks to the noble Baroness, her co-pilot the noble Lord, Lord Young, and the team. They have set a very high standard of involvement with the Opposition and the political parties and, I believe, with individuals. It is a standard which I hope the Government will copy in all areas. We have made great improvements to the Bill, and I do not think there has been a Division on anything. We are there, and I thank the Minister for that. I also thank my massive team of one-fifth of a person, Molly Critchley, for all her support.
Electronic Presentment of Instruments (Evidence of Payment and Compensation for Loss) Regulations 2018 — House of Lords, 2018-06-13
Topic: Domestic Commerce
Denis Tunnicliffe (Labour, Centre-left): My Lords, I, too, have worked my way through the instrument and the accompanying Explanatory Memorandum—I also spoke to James Evans of the Treasury—and feel that I understand it. I have no objection. It would seem a sensible, modern improvement to the system In looking around the instrument, I alighted on the fact that it is a further extension of the computer systems which underline modern banking. Reflecting on recent press comment, I started to look at just how many computer problems the banking system had had over recent years. I counted at least four for RBS since 2012, three from HSBC, three in Barclays, three at Lloyds and, of course, the recent TSB event where 1.9 million customers were locked out of their online and mobile services As we know, banks have a special role in our society. If they fail, the impact is not a mere difficulty, as it is when a large enterprise fails; it is catastrophic to our society. The Bank of England has put an enormous amount of effort into creating an effective resolution regime which, because I have been in this role since 2010, I have seen all the legislation on. It has a resolution directorate staffed with people ready to move in if there is a problem with a bank to solve it over a weekend. But the problem seems to me to be that, just as a bank cannot be allowed to fail for financial reasons, it is increasingly true that a bank failing because of its technical capability—because of its computer services—would have an equally catastrophic effect on society. I therefore ask the Minister whether, as we hand further tasks to these ailing computer systems, the regulators have an equivalent regime to ensure that the banks’ computer systems will never fail.
Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) Regulations 2018 — House of Lords, 2018-06-13
Topic: Housing
Roy Kennedy (Labour, Centre-left): My Lords, I draw the attention of the House to my registered interest as a vice-president of the Local Government Association. I thank the noble Lord, Lord Bourne of Aberystwyth, for bringing the regulations forward today. I know that he has worked hard on this, and I am genuinely pleased that they have come forward To go through some of the history, client money protection was debated during the passage of the dreaded Housing and Planning Act 2016. That Act received Royal Assent on 12 May 2016, and this, frankly, is one of the few welcome measures in it. As we heard, a working group was then set up, chaired by the noble Lord, Lord Palmer of Childs Hill, and my noble friend Lady Hayter of Kentish Town. I join other noble Lords in thanking both of them for the excellent work they did on that to bring forward the scheme we have. Their consultation closed in October 2016 and their report was published on 27 March 2017. The very next day the noble Lord himself announced from the Dispatch Box that the Government would go ahead with a mandatory scheme of client money protection, and everybody was very welcoming of that The two regulations are before the House today, on 13 June 2018, and the requirement to become a member of a scheme comes into force on 1 April 2019. As I said, I am delighted that the Government have finally done this, but you certainly could not accuse them of acting in haste on the matter. The regulations to require letting agents to belong to a mandatory scheme come into effect just short of three years after the Act giving the power for this to happen received Royal Assent. We all want this to work properly and to be right, and we all want it to be a success and effective—but having to wait 35 months to get to this point is a little excessive. So, although I welcome the regulations, perhaps the Minister when he responds could take on board the point that it seems a little excessive. I cannot see why it could not have been done in 18 to 24 months Having said that, what the noble Lord outlined is welcome, both as regards the approval regulation and the requirements regulation. I am delighted that they are coming into force, although I endorse entirely the comments made by the noble Lords, Lord Best and Lord Shipley, on enforcement. The regulations must be enforced properly, and to do that will require lots of training. Again, however, I very much welcome them.
Breaching of Limits on Ticket Sales Regulations 2018 — House of Lords, 2018-06-13
Topic: Domestic Commerce
Richard Oliver Faulkner (Labour, Centre-left): My Lords, I am pleased to follow the noble Lord, Lord Moynihan, who has such a distinguished record in combating this terrible problem of ticket fraud and the exploitation of consumers. I also have one two questions for the Minister, which follow on from what the noble Lord has said The noble Lord, Lord Moynihan, referred to the company viagogo. Has anything come of the warning by the Consumer Minister, Margot James, who advised anyone planning to buy tickets on resale websites, "Don’t choose Viagogo—they are the worst"? The Advertising Standards Authority has referred viagogo to National Trading Standards, citing a series of transgressions breaching the UK’s advertising code. Where has that inquiry got to and can the activities of viagogo in the United Kingdom be curbed, if not closed down altogether What steps have been taken to ensure that the Criminal Justice and Public Order Act 1994 provisions, which make it an offence to resell football tickets in Britain at more than list price, are being observed? What prosecutions have followed of people who have breached those provisions—not only viagogo but other companies using bots and touts in the way described by the noble Lord, Lord Moynihan? Noble Lords with long memories will recall that that legislation was brought in not as a consumer protection measure but as a public safety and anti-hooliganism measure, to solve the problem of fans of rival groups mixing together in a hostile manner in football grounds. One of the ways in which that could have been curbed was by ensuring that tickets were not being sold to anyone through undesirable sites such as viagogo and others. Those are my only questions. I welcome the regulations and I hope they achieve the result the Minister has set out for them.
Breaching of Limits on Ticket Sales Regulations 2018 — House of Lords, 2018-06-13
Topic: Domestic Commerce
Robert Stevenson (Labour, Centre-left): My Lords, I join those who have welcomed this statutory instrument. We could say that progress on the part of the Government has been somewhat slower than perhaps we would have wished, but nevertheless we are surely getting there. That is largely due to the fact that we are working in a cross-party way and in a spirit of collegiate support on the issues that are worrying us in this area In your Lordships’ House, this effort is led by the noble Lord, Lord Moynihan, who is in his place and has spoken out. However, it would be right at this point to recognise the work of the all-party group which he talked about, because it has indeed been good at keeping up pressure on the Government on this issue. We also miss, yet again, the spirit and enthusiasm of Baroness Heyhoe Flint, who sadly is no longer with us but who was definitely part of the team that includes on our side my noble friends Lady Hayter and Lord Collins, who have managed to keep this issue in front of your Lordships’ House and have got us to where we are today Having said that, others have mentioned the problem of resourcing the teams which will have to make sure that the new regulatory process works in practice, and that means trading standards in particular. It is not, as others have said, just a question of resources; it is also a question of matching the technical skills of those who are operating computers to try to cheat ordinary customers out of the ability to buy tickets as they would wish. I am sure that the Minister will have some words to say about that, but I would be grateful if he could make sure that we understand better how the resourcing element of this is going to be met Finally, we are still left with a couple of rough ends, and I do not think that we should consider this to be the end of the game. I have yet to have properly established what is a ticket; the legal definition still eludes those who have been working on this issue. It can either be a licence to attend a performance or it can be a piece of real property which, with justification, can be sold on to others. I think that it is a bit of both, and it would be helpful if we could make sure that we put into statute a proper definition of what a ticket is. Once we have that, the rest of the issues which are raised by this whole question of touting and how it operates will be erased.
Breaching of Limits on Ticket Sales Regulations 2018 — House of Lords, 2018-06-13
Topic: Domestic Commerce
Richard Oliver Faulkner (Labour, Centre-left): I am grateful for that answer. If the Minister is able to find out some more information, that would be very helpful. The point about the 1994 Act was to try to achieve proper segregation at football grounds for public order reasons. The difficulty was that if tickets were freely available from unauthorised sellers in the street—this was before the days of internet purchase—it would not be possible to segregate crowds. That is what Lord Justice Taylor was concerned about. But the fact that that offence exists still makes it illegal for companies which are engaged in the secondary market to sell football match tickets unless they have the express permission of the football authorities.
Operation Sophia: A Failed Mission (EUC Report) — House of Lords, 2018-06-13
Topic: Immigration
John Davies (Labour, Centre-left): I am grateful to the noble Lord for giving way; I am listening to his speech with great interest. Can he tell the House what his view is of the Australian system, under which migrants are turned back—though with the necessary fuel, water and so forth—to the places from which they originated?
Operation Sophia: A Failed Mission (EUC Report) — House of Lords, 2018-06-13
Topic: Mixed Topics
John Davies (Labour, Centre-left): I imagine that our partners would be grateful to know at the earliest opportunity whether they can count on our continuing support for Operation Sophia after March next year. On what kind of timescale do the Government expect to make a decision on this?
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2018-09-07
Topic: Civil Rights
Andrew Adonis (Labour, Centre-left): My noble friend is setting out the position of our party but the Labour Party manifesto at the last election, which both she and I supported, said: "Our fundamental belief is that the Second Chamber should be democratically elected" Can she explain how this Bill advances that cause?
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2018-09-07
Topic: Other
Genista Mary McIntosh (Labour, Centre-left): My Lords, I shall briefly echo the comments made by my noble friend Lady Hayter from the Front Bench. I respectfully say to the noble Lord, Lord Trefgarne, and those who support him that it is quite difficult for some of us to understand what we are doing here. This House agreed that this Bill should have a Second Reading and that it should be committed to a Committee of the Whole House, and it has already had a substantial element of Committee scrutiny. It is really difficult to see what purpose is being served by the debate we are now having, in which the substantive issues from Second Reading are being reintroduced, other than to delay the progress of the Bill. I hope that we can bring this debate to a swift conclusion and move on with the Committee stage.
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2018-09-07
Topic: Mixed Topics
Andrew Adonis (Labour, Centre-left): I am trying to understand the significance of the point the noble Lord is making, because the figures that have been provided to me by the Library suggest that among the hereditary Peers—leaving aside the big problem we have about the lack of adequate representation of large parts of the United Kingdom among the life Peers—Scotland is overrepresented and Northern Ireland is appropriately represented. The figures that I have show that 10% of hereditary Peers are Scots, against 8% of the population at large. So I am not sure what the particular evil is against which he is seeking to protect the House.
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2018-09-07
Topic: Other
Bruce Joseph Grocott (Labour, Centre-left): Perhaps I may help the noble Lord, Lord Trefgarne, with the procedure, as he is fairly new to this place. This amendment was in a group that we discussed in March, when we dealt, I think, with 10 amendments in two hours. So far today, we have dealt with two amendments in one hour 40 minutes. At this rate, we will need about 10 more Fridays to complete this stage. I hope that the noble Lord acknowledges the appalling waste of precious time that is resulting from what he is doing. To now start moving an amendment that has already been part of a debated group is something that he should refrain from doing.
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2018-09-07
Topic: Other
Bruce Joseph Grocott (Labour, Centre-left): My Lords, perhaps I may offer a gentle suggestion to the noble Lord. I do not think that he is carrying the mood of the Committee in wishing to speak to Amendment 16, which was spoken to three months ago. The previous vote rather indicates that, whatever eloquent tactics he deploys, he is most unlikely to carry the Committee, and I suggest that we move on.