argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: International Affairs
Richard Keen (Conservative, Centre-right): We have to be clear here about the distinction between implementation and application. Essentially, there is only one date for implementation. That is when we implement the directive into our domestic law. There may be situations—and if I misunderstand the noble Lord’s question, I am sure he will tell me—in which there is a directive, or indeed a regulation, that is adopted into domestic law but which applies only at a date after the exit date. There are examples of regulations as well, where we accept that the regulation has come into domestic law but its actual operation is deferred, perhaps until 2020. That regulation or that provision will form part of our domestic law at the exit date, even though the operative provisions come into force only after the exit date.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: International Affairs
Richard Keen (Conservative, Centre-right): If I understand the noble Lord’s point, he is suggesting that we may have a situation in which a directive that has been adopted is implemented in England or in Wales or in Scotland but on different dates.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: International Affairs
Richard Keen (Conservative, Centre-right): The implementation period is a wholly distinct issue from what we have to address in the context of the Bill. The implementation period has yet to be negotiated. The outcome of that implementation negotiation has yet to be determined. In the event that we agree an implementation period, clearly there will have to be further statutory provision—a further Bill—addressing our rights and obligations during that implementation period, and it may be that that further Bill will amend this Bill with regard to the effect of the exit date on further EU legislation, whether in the form of regulations or directives, after 29 March 2019. But that is not an issue for this Bill. This Bill is dealing with the situation at exit, subject to the fact that, if there is a negotiation, things may change.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: International Affairs
Richard Keen (Conservative, Centre-right): My Lords, my understanding is that the Government are determined, and have the present intention, to implement directives that have been adopted and which have an implementation period that expires before the exit date. I cannot give an absolute assurance to that extent but that has been and continues to be the Government’s position. Indeed, to put it another way, we will continue to perform our obligations as a member of the EU, as we are bound to do by the treaty provisions. One of our obligations is to implement directives that have been adopted in Europe within the implementation period or by the transition date that is set out.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: International Affairs
Richard Keen (Conservative, Centre-right): No, that would not be covered, because in those circumstances there would have been no crystallisation of the direct right prior to the exit date. That is our position with regard to that point—but I am obliged to the noble and learned Lord for his acknowledgment that we are answering questions as they are posed. I was rather hoping that my noble and learned friend Lord Mackay of Clashfern might actually come forward to the Front Bench and allow me to retire to the second tier in order that this matter could be dealt with even more cogently than I am able to do I return for just a moment to the actual amendment. I have sought to emphasise—clearly, I hope—why the amendment is not appropriate in the present context. It would simply take away from one of the principal purposes of the Bill, which is to determine that there is an exit date—a cut-off point—when we will determine the scope of our own domestic law. I can quite understand the point made by the noble Baroness, Lady Young, about emerging provisions in the EU that have been worked on for many years and that would bring about appropriate and attractive standards for various aspects of our life in the United Kingdom—but, of course, it would be perfectly open to this Parliament to decide, in light of what has already been agreed in Europe, that it would be appropriate to have these standards in our domestic law, and we will have the means to do that. It is just that they will not form part of retained EU law for the purposes of this Bill On the noble Baroness’s amendment, I respectfully suggest that the mechanism that she has put forward—that you somehow retain the ECA for some purpose after it has been repealed—simply would not work. I appreciate that this is Committee, and we are actually looking at the underlying purpose of the proposed amendment and therefore have to consider whether we find that attractive and then look for a way to make it work. Nevertheless, it is appropriate to notice that the actual mechanism proposed in the amendment would not work I hope that I have addressed most of the points raised by noble Lords, but I agree with the observations made by the noble and learned Lord, Lord Brown, my noble and learned friend Lord Mackay and the noble Lord, Lord Pannick, with regard to what this Bill is attempting to achieve. It is attempting to achieve certainty as to the scope of our domestic law at exit date. That is its purpose, and we must keep that in mind.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: International Affairs
Richard Keen (Conservative, Centre-right): In my submission, it fits entirely with what is said in Clause 4(2)(b) and is consistent with that. It points to the necessity of there having been a recognition by the European Court or a court or tribunal in the United Kingdom for those purposes. It may be that the noble Baroness will want to take issue in due course with the use of the word "kind", and no doubt we will come to that when we consider amendments to Clause 4.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: International Affairs
Timothy Kirkhope (Conservative, Centre-right): My Lords, I support the noble Baroness, Lady Hayter, on Amendment 21. I do not intend in my remarks to spend a lot of time with the actual list at the bottom of the amendment, because she put across very well the need to protect in particular certain things which do credit to this country and which will give us advantages in the future, whatever the status of this country is I certainly felt my optimism rising today as I heard the reactions of my noble and learned friend the Minister to the whole question of how EU retained law will be protected in future. He seemed to be suggesting at one point that there might be some sort of hybrid approach. I am not sure what that might result in, but in the meantime we are in a situation where, as I am sure noble Lords are aware, the law, however it is made, comes in various forms. It comes in various packages, some of which are packages of principle of law, while other parts of the packages are the levers or the actual technical means by which laws are implemented That is why the amendment specifically states that primary legislation should of course be the main means by which any modification could take place, but also that subordinate legislation would be appropriate in certain cases to deal with technical areas that are not appropriate for a primary approach. Indeed, it is very sensible that even subordinate legislation be dealt with in a manner that allows it to have the support and security afforded to the principal legislation itself. I think there are certain doubts—to say the least—about the list of retained EU law. We have had several debates today and previously about what is actually meant by retained EU law, and we need greater clarity as to precisely what components make up this category There was a debate in another place on a very similar area and amendment. It was a very strong debate, to which a considerable number of people contributed, and real concerns were expressed about the way in which retained EU law, however it is finally listed, could be supported. As I said, I will not spend any time on the main areas that have been listed, but the Government have given many assurances—which I welcome—that the main areas of retained law will be specially protected and that they regard them as terribly important. That is only being affected, in a negative sense, by remarks from legislators who in the main do not form part of our Government but who nevertheless have been making statements indicating that, almost with immediate effect from its arrival, the retained EU law will be either tampered with or destroyed. That has meant that a considerable number of people currently affected by the law are seriously worried about what might happen to those areas that are so important to our public and social life. The reasons for this amendment are to make sure that the Government are aware of the concerns and to ask them to do their best to put in place the security necessary to protect these areas on an ongoing basis. I support the amendment.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: International Affairs
Hugh Trenchard (Conservative, Centre-right): I agree with what the noble Earl said about the balance between work life and family life, particularly with regard to the recently adopted hours which are becoming commonplace in your Lordships’ House, but I regret to say that I cannot support the amendments, because they do not achieve their intention As the noble Baroness, Lady Hayter, recognised, the intention of her amendment is to ensure continuity and certainty in the law both before and after exit day. She worries that the powers granted to Ministers to amend retained EU laws should be both restricted and subject in each case to an enhanced scrutiny procedure, which would also provide for a period of consultation with the public and relevant stakeholders. But the effect of the amendments is to increase uncertainty and, ironically, reduce the likelihood—the certainty that is needed—that retained law will continue to provide exactly the same protections as before. Indeed, the period of public consultation to be provided in the enhanced scrutiny procedure gives the impression that policy changes may also be entertained. As we have heard from Ministers, the Bill is not about policy change Without these powers, there are huge risks that retained EU law will be defective for technical reasons—for example, due to the enormous number of references to Union institutions, which all need to be changed. Such changes would take so very much longer if each change was made subject to the enhanced scrutiny procedure proposed by the noble Baroness. That is just one area in which the amendments are counter productive.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: Government Operations
Michael Bruce Forsyth (Conservative, Centre-right): I am grateful to the noble Lord for giving way, but does not he see how absurd the argument is that he is putting when these European regulations are matters over which the House of Commons has no choice but to implement? The whole point of this Bill is that it is restoring it to the primacy of Parliament to decide on these regulations.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: International Affairs
Richard Keen (Conservative, Centre-right): My Lords, we must make progress at this stage, if the noble Lord does not mind. We have to keep moving I come to the nub of the point. If there is a concern about the powers being conferred on Ministers to ensure that the retained EU law works after exit, that arises in the context of Clauses 7 and 5, which will be the subject of future debate in this House. As I say, it is not appropriate to try to represent the powers already set out in the Bill as extending beyond the boundaries set out precisely there about correction, regulation and making retained EU law work. I respectfully suggest that the route proposed by the noble Baroness is not one that we should go down as we would simply run into the sand. If we were to list technicalities and technical changes in all these areas of legislation, we would be here in 10 years’ time trying to produce such a schedule; let us be frank about it. Of course, many people may wish that we will be here in 10 years’ time attempting to achieve that. In that context, I invite the noble Baroness to consider withdrawing her amendment and invite the noble Lord, Lord Judd, not to move his.
Northern Ireland Border — House of Lords, 2018-02-28
Topic: International Affairs
Ian Duncan (Conservative, Centre-right): My Lords, with the leave of the House, I would like to repeat the Answer given by my right honourable friend the Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster in response to an Urgent Question asked in the other place today. The Answer is as follows: "This Government have been consistent in their commitment to Northern Ireland as the United Kingdom leaves the European Union. First, we will never accept any solutions that threaten the economic and constitutional integrity of the United Kingdom. Secondly, we will not accept a hard border between Northern Ireland and Ireland, which would reverse the considerable progress made through the political process over recent decades. That position has been consistent, from the Prime Minister’s Article 50 letter through to our position paper published last summer and the PM’s Florence speech last autumn Most recently, the Government enshrined both those commitments very clearly in the joint report we agreed with the European Union in December. That set out very clearly our, ‘commitment to preserving the integrity of’, our, ‘internal market and Northern Ireland’s place within it’ It also included our, ‘guarantee of avoiding a hard border’, between Northern Ireland and Ireland, including any related checks and controls. These commitments were agreed collectively by the entire Cabinet and I believe they have wide support across the House. These commitments have not changed, nor will they".
Northern Ireland Border — House of Lords, 2018-02-28
Topic: International Affairs
Ian Duncan (Conservative, Centre-right): I thank the noble Lord very much for his question. The United Kingdom Government’s support for the Belfast agreement is unwavering, certain and clear. My right honourable friend the Prime Minister has iterated and reiterated that on more than one occasion. The memo written by my right honourable friend the Foreign Secretary is, I do not doubt, one of many papers that circulate at that level containing a number of ideas. That memo does not—I repeat, does not—represent the United Kingdom Government’s position and therefore it should not be seen as such. The position remains unchanged in this regard, and it is part of what I would like to term the joint report: that is, the agreement reached by the United Kingdom Government and the EU in December remains fixed at where we are today Noble Lords will be aware that there were three options in the joint report which were core and key. The UK and Irish Governments were very much of the view that they wish to see the border allow freedom of movement across it in a manner that does not fetter and is not restrictive. That remains the position of the United Kingdom Government. It is hoped that through the negotiations, which are ongoing and will continue into the near future, we will be able to bring about an agreement around what I would term "option A" of the joint report agreed by the EU and the UK Government in December of last year.
Northern Ireland Border — House of Lords, 2018-02-28
Topic: International Affairs
Ian Duncan (Conservative, Centre-right): I thank the noble Lord, Lord Campbell of Pittenweem. With regard to the notion of the cybercrimes that we have all been threatened with over the last few years, I note again that much of the movement of goods that come into the EU is dealt with through electronic consignment. The risks that are already established for all trade are real risks, and we must take them into account as we seek to address all the challenges as we go forward With regard to the question about the nature of the border, the issue I come back to again is that when we reached that agreement between the EU and the United Kingdom Government in the joint report of December, it was based upon a mutual understanding that we wished to see a border in name alone to allow movement to continue. That is the position of the United Kingdom Government and, importantly, also the position of the Government of Ireland—the two principal interlocutors in this matter. We must never lose sight of the fact that they are the most affected, and we must find and secure an agreement that suits both sides. On that basis, they form the principal component parts of the negotiation elements that will unfold in the coming months. It remains the objective of the Government to deliver a seamless border, as we have promised and as has been promised by the Taoiseach himself.
Northern Ireland Border — House of Lords, 2018-02-28
Topic: International Affairs
William Trimble (Conservative, Centre-right): My Lords, reference has been made to the need to preserve the Belfast agreement, with which I am wholly in agreement. However, I draw noble Lords’ attention to the December paper, which made reference to regulatory alignment but did so in the context of cross-border arrangements under the Belfast agreement. That is the only part of the Belfast agreement relevant to this discussion: namely, the cross-border co-operation that exists and through which there is a good case for saying that there has to be regulatory alignment for a body that is operating on both sides of the border What is happening now is something quite different. Those minor provisions in the December paper have been exaggerated into something that, in effect, would mean that Northern Ireland was still in the European Union, and thus left behind as Britain moves out of it. That runs contrary to and undermines the main plank of the Belfast agreement: that arrangements and constitutional matters were to be based on consent. The papers that have come forward—I hope that the Minister agrees on this—deal with issues that are moving into constitutional areas and should, if Dublin and Brussels wish to push the matter further, invoke an endorsement in a referendum. But we are not and should not be in that territory, and I hope that the Government will stand firm on this matter.
Northern Ireland Border — House of Lords, 2018-02-28
Topic: International Affairs
Ian Duncan (Conservative, Centre-right): I thank my noble friend Lord Trimble for his intervention. He is absolutely right to draw attention to the components of the joint report that emerged in December of last year. As we have stressed, the Belfast agreement must remain at the heart of our agreement. The challenge we face is that the publication by the European Union today and the remarks of Michel Barnier are, one might argue, unhelpful in that regard because they are a cherry picking of the joint report. One element of that report has been selected but there were three component parts, labelled a, b and c. The European Union has chosen to latch on only to part c. The point is that each must be a component part of the ongoing negotiations and any attempt to cherry pick risks undermining the Belfast agreement, which is at the heart of the positions accepted by the United Kingdom Government, the Irish Government and, indeed, the EU itself. I thank my noble friend for using the word "consent". Consent must be at the heart of the approach to this, otherwise we run the risk of unravelling the very agreement which has done so much to bring stability to Northern Ireland.
International Development Committee: Burma Visas — House of Lords, 2018-02-28
Topic: International Affairs
Tariq Ahmad (Conservative, Centre-right): My Lords, the noble Lord is aware that I agree with many of the sentiments he has expressed. Let me reassure him and all noble Lords that the Government continue to implore the Burmese authorities, the civilian Government and the military authorities to provide full and unfettered access to all agencies. The noble Lord talked of the United Nations, and we continue to lobby on that. While there has been some progress—for example, the visit of the Special Representative of the Secretary-General on Sexual Violence in Conflict—the access, particularly to Rakhine and northern Rakhine, has been very limited I can assure the noble Lord that my right honourable friend the Foreign Secretary remains focused on the issue of Burma. Indeed, he visited Burma recently and made it clear to the civilian authority and to Aung San Suu Kyi in particular, whom he met directly—he has spoken to her a number of times during the conflict since the summer of last year—that it was unacceptable. There is a reality check for the civilian Government. Close to 1 million Rohingya people have moved to Bangladesh since the early times of the conflict over a three-year period and it is time that they returned to Burma, but they can only do so under secure and safe protection, and that is one of the key areas of focus I can further assure the noble Lord because only yesterday I was at the Human Rights Council, where I met the Burmese Foreign Minister. I made it clear to him directly that we do not accept the prevailing situation. We will continue to press and to raise this issue both bilaterally and through international fora On the issue of DfID aid specifically, I note what the noble Lord has said. However, I am sure he will accept that some of the aid programmes focused on Burma at the moment are delivering real assistance to some of the people who need basic services such as nutrition and water supplies. I know the noble Lord agrees. He raised important issues about capacity building within the context of the Government. It is important that we retain communication lines with the Burmese authorities—the civilian authority in particular. I can assure all noble Lords that we continue to press the Burmese authorities to ensure access for all humanitarian agencies so that people can continue to receive the aid they need.
International Development Committee: Burma Visas — House of Lords, 2018-02-28
Topic: International Affairs
Tariq Ahmad (Conservative, Centre-right): I totally agree with the noble Baroness on the first point: you cannot have a bilateral agreement which does not guarantee the safe and secure return of the Rohingya community and enshrine their rights within the Burmese constitution On her point about China, China needs to look long and hard at the humanitarian crisis prevailing in Burma. Anyone who visits Cox’s Bazar will see that humanitarian tragedy unfolding. We continue to work both bilaterally with China and through the UN Security Council to gather its support so that we see action, particularly from the military authorities in Burma.
International Development Committee: Burma Visas — House of Lords, 2018-02-28
Topic: International Affairs
Tariq Ahmad (Conservative, Centre-right): I agree with the noble Lord that we need specifics. I can assure him that those are the blunt messages we are delivering. The most recent thing we are pushing, and we hope will be achieved, is the renewal of the EU arms embargo in March 2018. When my right honourable friend Mark Field attended the EU Council he secured a strong conclusion on Burma, including targeted measures on specific military figures within the Burmese military Government.