argyrotsipi/train-dataset huggingface dataset:
Data Protection Bill [HL] — House of Lords, 2018-01-10
Topic: Government Operations
Douglas Hogg (Conservative, Centre-right): My Lords, I will speak briefly, both to the proposed new clause in the amendment moved by the noble Baroness and the proposed new clause moved by my noble friend I am against the suggestion that we should have an inquiry. I share the view of the noble Lord, Lord Pannick, that we know enough already. The facts have been canvassed time and time again, in inquiry, in criminal cases and in civil cases, and the time has now come for policy. We do not need new facts—we need a policy decision, and that is essentially a matter for government and Parliament. If we call for a further inquiry, the policy decisions will be postponed. A further point is that, if the proposed new clause is carried, the pressure will be on a judge-led inquiry. In the generality, I am against judge-led inquiries when they address matters of major general policy. Judges are good at identifying facts and deficiencies in existing legislation, but they are not well placed to address general policy issues.
Data Protection Bill [HL] — House of Lords, 2018-01-10
Topic: Law and Crime
Douglas Hogg (Conservative, Centre-right): But the irony is that if we have a new inquiry, we will postpone the moment when the Government come forward with a policy. The only way you will get a policy decision is to press the Government to make their policy decision, not by holding a further inquiry The second point I want to deal with is my noble friend’s Amendment 147. I am not in support of it. First, I am against making a distinction in law between an approved and an unapproved regulator. I am bound to say that when I look at IPSO, I do not find it lacking; it seems to be a perfectly constituted and responsible regulator. I certainly do not want to make a distinction in law between Impress and IPSO. I very much hope that IPSO, which is backed by the industry, will get much greater support than it has hitherto received Secondly, on the issue of costs under my noble friend’s amendment, I believe that an award for costs should be within the discretion of the trial judge. The consequence of this proposed new clause is to make an award against a successful defendant when the institution and carriage of the litigation was conducted by the unsuccessful plaintiff or complainant. That seems to me to fly in the face of every notion of justice I have ever encountered. I suspect that the noble Lord, Lord Lester of Herne Hill, would agree with that proposition. Therefore, I very much hope that your Lordships will not agree to this proposed new clause. I accept that my noble friend has referred to the provisos, which enables the unapproved regulator to gain the costs. However, if my noble friend will forgive me, the second of the provisos is drawn in such general and loose terms as to be unintelligible, even to the cleverest of judges.
Data Protection Bill [HL] — House of Lords, 2018-01-10
Topic: Government Operations
Douglas Hogg (Conservative, Centre-right): The point is not that everything is right. We accept that it is not, but the facts are already known. What now needs to happen is that the policy needs to be formulated and brought to Parliament. An inquiry would postpone the day when that could happen.
Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017 — House of Lords, 2018-01-10
Topic: Law and Crime
Ian Duncan (Conservative, Centre-right): My Lords, the order before the House has been made to ensure that the policy set out in the Criminal Justice (Scotland) Act 2016 can be fully implemented. That Act contains a number of provisions which arise from Lord Carloway’s review of Scottish criminal law and practice. These include reforms of arrest and custody laws designed to provide flexibility for police in conducting investigations while ensuring fairness for suspects. It will also allow suspects access to a lawyer whether or not they are to be interviewed by the police. In addition, the Act specifically states that the police have a duty not to deprive people of their liberty unnecessarily As a consequence of some of these measures it is necessary either to amend the law elsewhere in the United Kingdom or to make provision in relation to Scotland, where the reforms apply to reserved matters. Making such amendments is not within the competence of the Scottish Parliament, so it is necessary for this order to be laid before the United Kingdom Parliament. It is made under Section 104 of the Scotland Act 1998, which allows the UK Government to make legislative changes which are necessary or expedient in consequence of an Act of the Scottish Parliament The order makes provisions about arrests effected both in Scotland, and outside Scotland, in connection with crimes committed in Scotland and the investigation of Scots law crimes and extradition matters in Scotland. The draft order was previously considered in Grand Committee on 29 November. At that time, the noble Lord, Lord Foulkes of Cumnock, raised some concerns. Specifically, he was troubled by the impending merger of the British Transport Police with Police Scotland—a position I might add that was shared by many in this House. The noble Lord declared the move to be, "dangerous, reckless and ought to be stopped".—[Official Report, 29/11/17; col. GC 9.] That brings us to the amendment this evening. There is always a danger in seeking to anticipate the remarks of the noble Lord, Lord Foulkes, before he has made them, but it is important to recognise that while this order touches on the British Transport Police tangentially, it is not its principal focus. In so far as the British Transport Police operates across the United Kingdom, the order will have no impact whatever on the ongoing merger of the policing of Scottish railways. It is for that reason I beg to move Amendment to the Motion
Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017 — House of Lords, 2018-01-10
Topic: International Affairs
Michael Bruce Forsyth (Conservative, Centre-right): My Lords, the noble and learned Lord may be correct about the train having left the station, but I remind him that during the passage of the Scotland Act as it now is many of us warned about this problem—and he himself made a speech exactly saying that. But such was the political imperative from some people not to be seen doing anything that would cause an upset with the Scottish nationalists that we allowed this to go ahead. The result is that we are looking at the prospect of the destruction of an organisation that has served this United Kingdom well for more than two centuries. Is it two centuries, or over two centuries?
Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017 — House of Lords, 2018-01-10
Topic: Law and Crime
Michael Bruce Forsyth (Conservative, Centre-right): Since 1826. Okay, so it is almost two centuries—certainly since there were first proper means of crossing the border at speed I just find it extraordinary. What can possibly be driving this? What can be the motivation? At a time when we are threatened by lone-wolf terrorists, travelling around the country, when we have seen attacks in Glasgow, Manchester and Birmingham, what on earth could be driving this? Why would someone want to break up an organisation which has a proven track record of success, which has shown great expertise, and which is specialist in its nature? How will the practical problems be resolved? Does the policeman have to get off at the station as soon as the train reaches the border and someone else come on board? What is driving this? I have come to the conclusion that the answer lies in the name—the British Transport Police. This is the sort of ideological battle that we thought we had put behind us in Scotland being translated into something that threatens the security of people in Scotland and the rest of the United Kingdom.
Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017 — House of Lords, 2018-01-10
Topic: Law and Crime
Ian Duncan (Conservative, Centre-right): My Lords, I congratulate the noble Lord, Lord McAvoy, on his brevity. I was hoping for a longer intervention so that I could just gather together some more of my papers before I began—they are piling up around me I begin by thanking the noble Lord, Lord Foulkes of Cumnock, for initiating this debate. The sheer number of contributions, and their quality and breadth, is testament to the need for this discussion. It is important for me to stress, however, that this debate was born of a particular order but, having heard several noble Lords, much of the discussion has not focused on the order itself. If your Lordships will forgive me, I will touch on the order at the outset because it is important to stress why it is before us tonight. I will then spend most of my time talking about the issues that have been raised. I turn, first, to the purpose of the order. It has been laid simply to ensure that the measures contained in the 2016 Act that affect the law elsewhere in the UK, which apply to reserved matters in Scotland, can be amended as required. The Scottish Parliament cannot do that and we have to do it. That is the purpose of the order. It makes provisions about arrests effected both in Scotland and outside Scotland in connection with crimes committed in Scotland that are being investigated under Scots law or where extradition to Scotland has been necessary. In response to the noble and learned Lord, Lord Hope, this is the aspect that allows the British Transport Police to reach beyond and equalises the ability of the police to act in each other’s jurisdictions. That is already contained in the order These provisions are important because they are part of the ongoing devolution settlement. The process for developing such an order is in itself important, both by the manner in which the two Governments co-operate and collaborate and by the means by which they are adopted and introduced in your Lordships’ House and the other place. It is simply a way of ensuring that devolution works effectively In response to the noble and learned Lord, Lord Wallace of Tankerness, I should also stress that further orders affecting the British Transport Police will be coming. He will be aware of Sections 90 and 104 of the Scotland Act 1998, which touch on the transfer of people, assets and liabilities from the British Transport Police and the ability to make any consequential provision. Further orders will be made specific to this—
Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017 — House of Lords, 2018-01-10
Topic: Transportation
Michael Bruce Forsyth (Conservative, Centre-right): I apologise to my noble friend but am I being stupid? When he said that there will be further orders in connection with the British Transport Police, is he saying that the Government intend to support the break-up of the British Transport Police?
Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017 — House of Lords, 2018-01-10
Topic: Transportation
Ian Duncan (Conservative, Centre-right): To be clear, in this instance, the Smith commission and the rules that it contained devolved to the Scottish Parliament the right to take this matter forward. The Scottish Parliament has determined how it shall do so. Today’s discussion is about how it has interpreted the clauses. At present, it is anticipated that we must make sure that the ongoing British Transport Police continues to function. I will come to the points raised in a manner that will, I hope, satisfy noble Lords—
Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017 — House of Lords, 2018-01-10
Topic: Transportation
Ian Duncan (Conservative, Centre-right): The noble Lord, once again, puts his finger on the issue. Our purpose will be to ensure that the answers which come from the board are satisfactory. If they are not satisfactory, then opportunities will be provided for this House and others to move forward in a different way. Oh, I heard someone say, "What does that mean?", which is a helpful remark. I was trying to be cryptic in one sense. I am basically saying that this is not the end of the story. I hope that we will receive satisfactory answers at the programme board which will allow us the clarity to establish that we are satisfied that policing on our railways is not affected to the point of detriment.
Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017 — House of Lords, 2018-01-10
Topic: Law and Crime
Ian Duncan (Conservative, Centre-right): The noble Lord may well say that but I stress again that the important thing is that the salient points raised by noble Lords today are considered in all seriousness by the programme board. I hope there will be an opportunity for that board to respond and to satisfy all the questions raised today. I have noted them down. To put them in context, we need to know that terrorism and security issues are addressed head on—there can be no diminution in these. We must recognise that this involves real police officers and that there can be no impact upon their well-being, their morale or their situation, and that they must be treated with respect throughout this process. We must be cognisant of the no-detriment principle. Where there are costs, we must understand how those costs will be allocated fairly and appropriately. We must also recognise that they should not be unfairly or inappropriately placed elsewhere.
Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017 — House of Lords, 2018-01-10
Topic: Transportation
Ian Duncan (Conservative, Centre-right): I believe that I can give that assurance. The very fact that the comments made in this debate shall be summarised and transmitted very clearly to the programme board means that the views of noble Lords will not be lost. I also believe that those views represent the entire breadth of concern expressed, certainly in this instance throughout Scotland but also beyond. That must be reflected on by all those who take as their responsibility the forward movement of the British Transport Police and its future policing policy.
Data Protection Bill [HL] — House of Lords, 2018-01-10
Topic: Law and Crime
Thomas Ashton (Conservative, Centre-right): My Lords, I turn to the new offence of reidentifying de-identified personal data. As a new clause, with no corresponding parallel in the 1998 Act, it has been a hot topic throughout the passage of the Bill and the Government welcome the insightful debates on it that took place in Committee. Those debates have influenced our thinking on aspects of the clause and I will elaborate on the amendments we have tabled in response to concerns raised by noble Lords By way of background, Clause162(3) and (4) provide a number of defences for circumstances where reidentification may be lawful, including where it was necessary for the prevention or detection of crime, to comply with a legal obligation, or was otherwise justified as being in the public interest. Further defences are available where the controller responsible for de-identifying the personal data, or the data subjects themselves, consented to its reidentification As noble Lords will recall, concerns were raised in Committee that researchers who acted in good faith to test the robustness of an organisation’s de-identification mechanisms may not be adequately protected by the defences in the current clause. Although we continue to believe that the public interest defence would be broad enough to cover this type of activity, we recognise that the perception of a gap in the law may itself be capable of creating harm. We therefore tabled Amendments 151A, 156A and 161A to fix this. These amendments introduce a new, bespoke defence for those for whom reidentification is a product of their testing of the effectiveness of the de-identification systems used by other controllers A number of safeguards are included to prevent abuse. I particularly draw noble Lords’ attention to the requirement to notify either the original controller or the Information Commissioner. In addition, the researcher cannot intend to cause, or threaten to cause, damage or distress to a legal person. That means, for example, that those self-styled researchers who attempt to use their discovery to extort money from either the data controller or the data subjects they have reidentified are not protected by this new defence We fully appreciate the importance of the work undertaken by legitimate security researchers. I assured noble Lords in Committee that it was in no way our intention to put a halt on this activity where it is done in good faith, and the amendments I am moving today make good on that commitment. On that basis, I beg to move.
Data Protection Bill [HL] — House of Lords, 2018-01-10
Topic: Government Operations
Thomas Ashton (Conservative, Centre-right): It absolutely will not and cannot languish, because we are going to put in the Bill—so on a statutory basis—that this has to be reviewed in two years. It will not languish. As I said, if we were just going to kick it into the long grass, I would not have said what I just said, which everyone can read. We would not have put it in the Bill and made the commitments we have made tonight.
Data Protection Bill [HL] — House of Lords, 2018-01-10
Topic: Government Operations
Douglas Hogg (Conservative, Centre-right): My Lords, I have only two brief observations to make, one supportive and one otherwise. My supportive observation is that I am very much in favour of the use of the affirmative resolution procedure for the approval of regulations, rather than the negative one. I add in parenthesis that I have always believed that we in Parliament should be able to amend under the affirmative resolution procedure. When we come to the European Bill, that will be particularly important, but that is for another day Where I disagree with the noble Lord is on his proposal that the commissioner should be responsible for preparing the document. That seems to me essentially a matter for the Secretary of State, because of the principle of ministerial responsibility. Ministers can be questioned and quizzed in a way which is utterly impossible for Parliament to do with the commissioner. There is also a small technical point. If a Minister has to come to Parliament—for example, under an affirmative resolution procedure—to argue in favour of regulations which he or she has not made, but which have, rather, been made by the commissioner, that could be at least a trifle embarrassing.
Data Protection Bill [HL] — House of Lords, 2018-01-10
Topic: Technology
Thomas Ashton (Conservative, Centre-right): Absolutely. The framework exists like other sectoral guidance that is produced, under the overarching guidance produced by the Information Commissioner. In a minute I will provide further reassurance on how the two interlink. As I have already set out, the Government will consult the commissioner in preparing the framework. Importantly, she is free to disregard the Government’s framework wherever she considers it irrelevant or to disagree with its contents.
Data Protection Bill [HL] — House of Lords, 2018-01-10
Topic: Technology
Thomas Ashton (Conservative, Centre-right): My Lords, I can certainly confirm that the new Secretary of State is dynamic. In this group we are in danger of violently agreeing with each other. There is a definite consensus on the need for this; whether there will be consensus on the results is another matter. I agree with the analysis given by the noble Lord, Lord Stevenson, that the trouble is that to get this into the Bill, we have to concentrate on data. As the noble Lord, Lord Clement-Jones, outlined, many other things need to be included in this grouping, not least artificial intelligence I will briefly outline what we would like to do. For the record, we understand that the use of data and the data-enabled technologies is transforming our society at unprecedented speed. We should expect artificial intelligence and machine learning to inform ever more aspects of our life in increasingly important ways. These new advances have the potential to deliver enormous benefits to society and the economy but, as we are made aware on a daily basis—like the noble Lord, Lord Clement-Jones, I am sure that this will be raised tomorrow in the debate that we are all looking forward to on social media—they are also raising a host of new and profoundly important challenges that we need to consider. One of those challenges, and the focus of this Bill, is protecting people’s personal data—ensuring that it is collected, retained and used appropriately. However, the other challenges and opportunities raised by these technologies go far beyond that, and there are many examples that I could give Therefore, in the Autumn Budget the Government announced their intention to create a centre for data ethics and innovation to maximise the benefits of AI and data technologies to society and the economy, and to help identify and address the ethical challenges that they pose. The centre will advise the Government and regulators on how they can strengthen and improve the way that data and artificial intelligence are governed. It will also support the effective, innovative and ethical use of data and artificial intelligence so that we maximise the positive impact that these technologies can have on our economy and society We are in the process of working up the centre’s terms of reference in more detail and will consult on this soon. The issues it will consider are pressing, and we intend to set it up in an interim form as soon as possible, in parallel to this consultation. However, I fully share the noble Lord’s view that the centre, whatever its precise form, should be placed on a statutory footing, and I can commit that we will bring forward appropriate legislation to do so at the earliest opportunity. I accept the reasoning from the noble Lord, Lord Stevenson, on why this is not the appropriate place due to the limitations of this Bill, and I therefore hope that he will be able to withdraw his amendment.