argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Law and Crime
Alexander Carlile (Crossbench, Unknown): My Lords, for those of us who have real enjoyment in the law, a nice bit of law at three minutes past midnight is rather like a comforting, calm, creamy cup of cocoa, but I recognise that not everybody is of the same view. With that in mind, I propose to elide in the remarks I am going to make comments on Amendment 45, which appears in my name and that of the noble Lord, Lord Lucas, and on Amendments 48 and 50, which appear with the same names. That should save time in a few minutes because I understand that we intend to complete that group as well These amendments are designed to retain the so-called Francovich principle. I congratulate the noble Lord who has just spoken on summarising it very well. I will add a little bit of flesh on it because I wish to try to tease out of the Minister a welcome response to those of us who seek to preserve at least part of the Francovich principle, although I would happily pass to him the burden of perfected drafting. In the Gina Miller litigation, in which the noble and learned Lord and my noble friend Lord Pannick played starring parts, the Government in their submissions place considerable weight on their intention to enact what was then called a "great repeal Bill". As the Supreme Court understood it, that Bill would—and this is a quotation from the majority judgment at paragraph 34, "repeal the 1972 Act and, wherever practical … convert existing EU law into domestic law at least for a transitional period" Surprisingly, in relation to the Francovich principle, there has been no conversion and no transition. I ask the Minister to explain whether that really is the position that the Government wish to maintain The Francovich principle is a principle of existing EU law which requires damages to be available where three conditions are met: first, that the rule infringed was intended to confer rights on individuals—I am sure that we would all applaud that; secondly, that the breach was sufficiently serious to give rise to a legal action, which I am sure we would also applaud; and, thirdly, that there was a direct causal link between the breach of the obligation resting on the defendant and the damage sustained by the injured party, and I am sure that we would all applaud that, too. Perhaps the Minister would explain why he wants to get rid of that principle To provide a little more explanation for the fascinated non-lawyers here, who may just about be in a majority—
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: International Affairs
Alexander Carlile (Crossbench, Unknown): No, I would not go so far as the latter part of the speech of the noble Lord, Lord Davies. I recognise that if we leave the European Union, as we are doing, we have to have the transitional arrangements that were promised and that were referred to by the learned judges in the Supreme Court, on the basis of submissions that may well have been made by the noble Lord himself. What I suggest to deal with the ECJ problem is one of two alternatives. One is to allow the ECJ jurisdiction to continue for the very small number of cases likely to arise. I recognise, of course, that that will attract political problems that might better be overcome by a more pragmatic solution. The pragmatic solution is to recognise and clarify that the United Kingdom courts, in dealing with such cases, should apply normal, comparative law principles; the sort of thing that we lawyers are accustomed to when we cite, for example, Australian or Canadian cases before the senior courts. This would mean that the courts of the United Kingdom, in dealing with such cases, should have due regard to ECJ decisions on similar and analogous matters. This would fall, as I say, within the ordinary principles of comparative law, whereby the United Kingdom courts give due weight to useful and relevant decisions in other jurisdictions. Thus we would have at least analogous law applied to the residual Francovich cases. We would have a right to make a claim on the basis of the date when the claim accrued, even if it is not yet quantified and not yet pursued, and the unintended consequences of retrospectivity would be avoided. In my view this would accord with sound legal principle I urge the Minister, even at this late hour, to say that he will return to the House with suitable and welcome government amendments for the clarification and preservation of what are proper bases for action.
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Law and Crime
David Pannick (Crossbench, Unknown): I have two questions for the Minister. First, will he accept that the right to damages under the Francovich principle is more generous to claimants than the common law principle of judicial review under which you very rarely have a right to claim damages as you need to prove misfeasance in public office or something similar? Does he accept that Francovich is more generous? Secondly, does he accept that it therefore follows that paragraph 4 of Schedule 1 to the Bill conflicts with the Government’s purpose in bringing forward this Bill, which is to read across all existing rights that are enjoyed under EU law? If he accepts that, what is the justification for making an exception for Francovich damages?
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Law and Crime
Alexander Carlile (Crossbench, Unknown): I take it from what the noble and learned Lord is saying that he accepts that there are existing rights to recover damages available in the British courts which the Government wish to remove. That is a breach of promise, is it not?
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Law and Crime
David Pannick (Crossbench, Unknown): Before the Minister sits down and we all go to bed, I am very puzzled by his suggestion that there is currently a right to damages in judicial review such that Francovich damages do not add anything. In what circumstances is the Minister suggesting there is a right to damages in judicial review, other than in the very rare cases where you can prove misfeasance in public office?
European Union (Withdrawal) Bill — House of Lords, 2018-03-05
Topic: Law and Crime
David Pannick (Crossbench, Unknown): I do not accept that. It is quite clear, I suggest, that damages under Francovich are provided in circumstances where you would not otherwise get damages because you cannot prove misfeasance but you can prove that the breach is sufficiently serious and that the law was intended to confer a right to damages. That is why I suggest to the Minister that paragraph 4 is taking away something of value.
National Security Situation — House of Lords, 2018-04-19
Topic: International Affairs
John Kerr (Crossbench, Unknown): In my time in the Foreign Office, recognition was not a seal of approval; the recognition was that somebody was in control. We have a mission in Pyongyang and in all sorts of places where shaking hands might not be what the noble Earl would wish to do, but that is what we are paid to do. We diplomats are paid to find out what the other lot are up to, and it is most important in relation to one’s foes.
European Union (Withdrawal) Bill — House of Lords, 2018-01-30
Topic: International Affairs
Frederick Butler (Crossbench, Unknown): My Lords, I apologise to those noble Lords who thought they had reached their lunch break; my name is hidden in the spillover on the second page of today’s speakers list I do not disguise the fact that the wording of Clause 1 of the Bill: "The European Communities Act 1972 is repealed on exit day", strikes a dagger to my soul. My career has been long enough that I remember the difficulties with which the UK negotiated membership of the European Economic Community, and I have been conscious of the benefits that our country has derived from the membership of what has now become the European Union. Having said that, I think I understand why the 52% voted as they did The rush towards a federal union is a mistake and may lead to disaster. Nevertheless, there is one thing that is worse than being a member of the EU—not being a member of it The United Kingdom being motivated by an illusory quest for independence, in a world which becomes more interdependent day by day, is a painful prospect. It becomes more so when the UK appears to be carried along on a tide of narrow nationalism which has brought so much trouble to Europe and the world. However, I shall not vote against the Second Reading of the Bill, nor shall I support any attempt to delay it. Given the decision of the British people in the referendum, and the notice given with the assent of Parliament under Article 50, I agree with those who say that the Bill is necessary so that there is not a void in UK law if and when we leave the EU Ever since the referendum I have argued that the British people are entitled to a further say when the terms of the UK’s departure are known. However, I agree with the Leader of the Opposition, and other noble Lords, such as the noble Lord, Lord Mandelson, who said that this Bill is not the appropriate vehicle to require a further referendum. I shall, however, support any amendments which may be necessary to ensure that a further referendum will be among the options when Parliament is given a meaningful vote at the conclusion of the negotiations There is clearly a substantial job for your Lordships to do on this Bill within our normal constitutional role of scrutiny, improvement and giving the Commons an opportunity to think again. There are areas where the Government have said they will bring forward further amendments, for example on the relationship with the devolved assemblies. The role of the House of Lords in scrutinising delegated legislation, introduced under Henry VIII clauses, needs to be clarified. There are important issues relating to the interpretation of judgments of the European Court of Justice and the place of the European Charter of Fundamental Rights. As has been said, we owe a great deal to the House’s Constitution Committee in identifying these areas and suggesting remedies I believe that there is a job for this House to do, without straying beyond its proper constitutional role. I share the hope that we will do it firmly but constructively.
European Union (Withdrawal) Bill — House of Lords, 2018-01-30
Topic: International Affairs
John Taylor (Crossbench, Unknown): My Lords, way back in the middle of the last century, I was an active member of the European Youth Campaign. In 1975, I campaigned to keep the United Kingdom in the European Economic Community. I was a Member of the European Parliament for 10 years and, for a considerable number of years following that, was in the Parliamentary Assembly of the Council of Europe in Strasbourg. I was a member of the Christian Democrats, the PPE, in the Strasbourg assembly. I have visited every nation in Europe, including the Vatican. I feel European and British. But the longer I was in Strasbourg, the more I realised that the European Union was becoming a politically integrated union and not the European Economic Community that I had supported. I therefore, after much soul-searching, voted for Brexit The legislation is most complicated and gives the Lords the opportunity to present itself to the United Kingdom at its best. Alas, it gives those who wish to abolish the Lords a great opportunity to present the Lords at its worst. I am impressed by the maturity of approach by her Majesty’s Official Opposition Brexit has many challenges for those of us who live in the island of Ireland—both those in the United Kingdom and those in the Republic of Ireland. For the Republic, it will probably mean a reduction in agricultural exports to Great Britain, increased payments to the European Union budget and reduced CAP funding for its farmers. In Northern Ireland, we take no pleasure in economic problems in the south, because they would impact on us as well, and we hope that these problems can be overcome In Northern Ireland, it is correct that a majority voted against Brexit. It was not only Sinn Fein and the SDLP who voted in that way; the Ulster Unionist Party also campaigned to remain within the European Union. The latter has now decided to accept the referendum result and so it can now be reasonably assumed that it is a minority in Northern Ireland that still wishes to remain within the European Union.
European Union (Withdrawal) Bill — House of Lords, 2018-01-30
Topic: International Affairs
John Taylor (Crossbench, Unknown): Yes, that is the correct position In trade and business, the vast majority from Northern Ireland goes to Great Britain and only a minority across the border to the Republic, so the suggestion of a new border running down the Irish Sea would be disastrous both for Northern Ireland business and for employment. I note that this proposal has now been abandoned In Northern Ireland, I live near the United Kingdom border with the Republic. We welcome the objective of a soft border. We are assured that already Belfast, Dublin, London and Brussels are agreed that the common travel area will continue. Let us hear no more scaremongering, please, about passports at the border. Likewise, we are pleased that the United Kingdom will have no structural posts at the border and would like 80% of trade by small and medium-sized hauliers to be customs free Of course, there needs to be a similar response to this on the other side of the border. Dublin, now controlled by Brussels, has still not made known to us its ideas on trade across the border. In fairness, there is still a lack of clarity by the European Union and the United Kingdom. Yes, we welcome the agreement on a common travel area, a soft border and full support for the Belfast agreement, of which I was one of the negotiators, but what does the statement made pre-Christmas mean? It promised, "full alignment with those rules of the Internal Market and the Customs Union which … support North-South cooperation" It seems to me a meaningless fudge at the present Clause 11 refers to our devolved institutions in the United Kingdom. Those of us from Northern Ireland will consider this closely, as we have experienced the advantages of devolution since 1921 Northern Ireland has just experienced a record number of tourists last year, and today our unemployment level is not only smaller than that in the European Union or the Republic of Ireland but even less than that in Great Britain. I never thought I would see that day In particular, as farm structure and size of farms are different from those in England, we will want to ensure that after Brexit agricultural policy will be a devolved responsibility at Stormont. What will be the future of the European Union’s prestigious geographical indicators, such as Parma ham and cheddar cheese? We have an interest in this because we have two in Northern Ireland—Lough Neagh eels and Armagh Bramley apples. After Brexit, will the European Union maintain them, or will the United Kingdom take over authority for these designations Finally, there is not only the Irish border but the border between Gibraltar and Spain. In Northern Ireland, we have a special interest in Gibraltar, as many people were evacuated from there to Northern Ireland or born in Northern Ireland during the Second World War. I trust that the interests of Gibraltar will be upheld and that the European Union will not give Spain a veto over any final EU-UK agreement that would wreck the agreement.
Brexit: Sanctions Policy (European Union Committee Report) — House of Lords, 2018-05-03
Topic: International Affairs
John Kerr (Crossbench, Unknown): My Lords, I agree with the noble Lord, Lord Tugendhat, particularly his last point. I also very much agree with what the noble Lord, Lord Jay, said. It will come as a huge surprise to the House, I should think, that he and I agree—he is coming on quite nicely. My worry is that we ourselves, as far as I know, have not yet put forward any proposal to our European Union partners in this area. The noble Lord, Lord Jay, ended by asking the Minister to flesh out the tailored arrangement that Sir Alan Duncan had in mind. All we get in the report is that the Government’s ambition is for an "unprecedented" level of co-operation, which is an "untested" approach. That seems to me a slightly tautologous statement: if it is unprecedented, probably it is a little bit untested The report goes on to say: "If participation in the Common Foreign and Security Policy after Brexit is not possible—or not sought by the UK"— well, participation in the common foreign and security policy will not be possible after Brexit: the CFSP is for members of the European Union— "then the Government should propose that a political forum be established between the UK and the EU, for regular discussion and co-ordination of sanctions policy" I entirely agree. It sounds very mechanistic, but you need to have a structure, with regular meetings. We will not be in the room, having a voice in the decision taken on sanctions in the European Union, but we need to have the room next door. We need to be there regularly, the day before they decide or the morning of the day they are going to decide, able to influence the decision they take. Putting forward a proposal for that kind of consultative architecture would be well worth doing in itself, for the reasons I have just given. It would also be extremely helpful to the atmosphere of the ongoing negotiation with the European Union.
Refugees (Family Reunion) Bill [HL] — House of Lords, 2018-05-11
Topic: Social Welfare
Francis Hare (Crossbench, Unknown): I speak in support of the Bill and against the amendment. I recognise the concerns that the noble Lord, Lord Marlesford, has raised about pressures on public services, but these children will be in care, so they will need a foster carer or perhaps be in a children’s home. If they have a family member with them, the public purse will benefit in that regard From a humane point of view, I worked in a hostel once a week over a period of time and saw a young girl from Afghanistan, and she was always quiet and depressed. She spoke no English—she spoke only a very limited dialect of her language, and the only other speaker was somewhere way off in the East End, so she was very isolated. One evening I arrived and she was in tears, because she had had news that the town that her parents lived in was being shelled, and she was concerned about them. The examples given about the hardship and emotional trauma for these young people ring very true to me. Simply from a humane point of view, anything that can be done to reunite these children and young people with their parents has to be welcomed, so I support the Bill.
Refugees (Family Reunion) Bill [HL] — House of Lords, 2018-05-11
Topic: Law and Crime
Francis Hare (Crossbench, Unknown): My Lords, again before the noble Lord responds, is it not right to pay tribute to the caseworkers? This debate has highlighted the immense challenges they face in making their judgments. Does the Minister not agree that it is right for us to pay great tribute to their work? Can she assure the Committee that, when she looks at capacity in the Home Office, she will ensure that those caseworkers get all the emotional support and time they need to reflect on their work so that it does not overburden them, perhaps contributing to the poor outcomes from casework that we occasionally see?
Criminal Records Bill [HL] — House of Lords, 2018-02-23
Topic: Law and Crime
Simon Denis Brown (Crossbench, Unknown): My Lords, this is the first time in 14 years’ membership of the House that I have ever had the effrontery to speak in the gap and I hope not to abuse the privilege today. I would have put my name down to speak in this debate yesterday, but I was told that it might go beyond the time when I have to be away I recognised then and yet more clearly today, that, that said, there is little of substance that I can add to the impressive contributions made by the several seasoned warriors who have campaigned consistently on this issue over many years. I refer not only to the three who have already so tellingly and impressively spoken—special tribute is due to my noble friend Lord Ramsbotham for his tireless championing of this cause over recent years—but also to the noble Lord, Lord McNally, who is shortly to follow. All I want to add, for what it is worth, is an erstwhile judge’s name to the list of those who support this Bill. It is an attempt to drag this country a stage further towards a more enlightened future, where more ex-prisoners—not least young offenders, of whom my noble friend Lord Carlile has just spoken—may be allowed to shed the mark of Cain and thereby improve their prospects of shaking off, too, the temptation to reoffend and instead obtain gainful and confidence-building employment It is infinitely depressing to learn that, as with the age of criminal responsibility, this country’s position with regard to the disclosure of criminal records is more repressive and punitive than virtually any other civilised nation. Just as we criminalise children at 10, with the regrettable consequences that has for their self- image and prospects of a responsible, law-abiding future —a matter on which the noble Lord, Lord Dholakia, has worked so hard—so too in this country it takes longer than almost anywhere else, and longer than it should, for those convicted of crime to then live down their criminal records and so restore their prospects of resuming life in the community on level terms with others as to employment, insurance and so forth I hope that, at last, the Government will have the imagination now to welcome rather than to oppose this further attempt to improve the future, not just for ex-prisoners but for us all. I strongly support the Bill.
Iran Nuclear Deal — House of Lords, 2018-05-09
Topic: International Affairs
David Hugh Alexander Hannay (Crossbench, Unknown): My Lords, will the Minister accept a view from me personally: my congratulations to the Government on the role they have played in the lead-up to this lamentable decision by the US Administration? I do not believe we should mock what happened to the representations we made. They were properly and well made, both in the press and directly. What conclusions do the Government draw about a US Administration who have treated their three closest European allies with contempt, and have not felt the need to say a single word of remorse, when taking that decision, for ignoring the expressed views of their main allies? What conclusions do the Government draw from that?
Iran Nuclear Deal — House of Lords, 2018-05-09
Topic: International Affairs
Parry Mitchell (Crossbench, Unknown): My Lords, the Minister said that the agreement has worked, but has it? It might have worked for the nuclear agreement, but has it worked for sanctions? Hundreds of millions of dollars are now in the hands of the Iranian Government. It has not gone to the people at all. It has gone into causing mischief in Syria, Lebanon and Yemen. Hundreds of thousands of people have died in those countries. I would be interested in the Minister’s comments.
Automated and Electric Vehicles Bill — House of Lords, 2018-05-09
Topic: Technology
Martin Rees (Crossbench, Unknown): My Lords, we should welcome these attempts to clarify the wording of the Bill, but I suspect that it is a more or less hopeless task to agree on it. I am surprised that the noble Lord, Lord Borwick, did not want to change, "does not need to be monitored", because that is a subjective question. For example, if you are in a taxi, are you happy if no driver is there? If you are flying in a plane, it will be on autopilot most of the time, but are you happy if there is no pilot there who can take over and is monitoring? The question whether one feels the need to have someone there monitoring is ambiguous. To say that there is no need for someone to be monitoring is going to be very subjective. For that reason, I suspect it will be a very long time before level 4 or level 5 automation will be perfectly acceptable.