argyrotsipi/train-dataset huggingface dataset:
Domestic Abuse Bill — House of Lords, 2021-01-27
Topic: Law and Crime
Lorely Burt (Liberal Democrats, Centre to centre-left): This suite of amendments is designed to extend the list of public authorities that have a duty to co-operate with the commissioner to bodies that may well be able to give additional and, arguably, deeper insight into the victims and perpetrators of domestic abuse: the Independent Office for Police Conduct, the Prison Service and National Probation Service and their ombudsman, and the Chief Coroner. These bodies all throw a light on how and why things go wrong Amendment 54 would enable the commissioner to get information on any reviews and investigations regarding deaths where domestic abuse had been a factor. Those public authorities must notify the commissioner and the Home Office within 28 days of the outcome of the investigations. The commissioner can advise on good policy and practice only when she has all the information —all the reports, reviews, findings and investigations at her disposal—to be able to piece together what has gone wrong, why it went wrong and how it can be put right Proposed new subsection (5) would give additional powers to the Secretary of State. The amendment also gives the Secretary of State the power to add or remove additional public authorities as he or she sees fit, but only authorities added under this clause, not under Clause 15(3), which we discussed under Amendment 51. Furthermore, in Amendment 189, all amendments subsequently covered by the amended Clause 15 could not be removed without the affirmative procedure. In summary, the Secretary of State could add and take away public bodies that they themselves had added but not the ones prescribed in the Bill. They could also issue guidance for circumstances where domestic abuse had been shown to be a contributing factor, which of course that public authority would have to have regard to We could have a productive working relationship here, where the commissioner makes recommendations and the Secretary of State, if they chose, makes the guidance. This guidance could be changed by the Secretary of State from time to time, but not without consulting the commissioner Lastly, Amendment 189 would ensure that any public authority included in the amended—I hope—Clause 15 could not be removed without an affirmative resolution, at the behest not of the Secretary of State but of Parliament. I beg to move.
Domestic Abuse Bill — House of Lords, 2021-01-27
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, Amendment 189 is of a rather different type. We are proposing that to remove an authority added by regulations to the list through Clause 15(4)(a), the regulations achieving that removal should be the subject of an affirmative resolution. The Minister may say that as the Secretary of State has imposed—I am not sure whether that is the best term—an added authority under Clause 15(4)(a), it is hers to dispose of, but unless there has been an aberration, the public authority so added will be of significance. The Minister will of course know that it is not unusual for my noble friend Lord Paddick and me to take a look at every regulation-making power we find in legislation With regard to the other two amendments in this group, listening to and reading the names of the victims of domestic homicide is very moving. They are individuals who together make up significant data. We are particularly aware of this in the context of those who have died during the pandemic. My noble friend Lady Burt has already given the support of these Benches to Amendments 51 and 54. As the noble Lord, Lord Russell, has just mentioned, these are matters that the domestic abuse commissioner designate is calling for. Her shadow period in post has led her to call for a limited number of significant amendments to the Bill. It is not an impossibly large number, and it is not an impossible ask, so I think we should have a very good reason to reject what she has identified as necessary In a Bill which is going through your Lordships’ House concurrently, and on many previous occasions, the Minister, and other Ministers, have argued for public servants to have all the necessary tools in the toolkit. We have not always agreed on what those necessary tools are but, on this occasion, we certainly support these amendments.
UK Shellfish Exports — House of Lords, 2021-02-09
Topic: Agriculture
Catherine Bakewell (Liberal Democrats, Centre to centre-left): My Lords, it is unfortunate for the Government that the BBC is currently screening its series on the Cornwall fishing industry, filmed last year. All see the dramatic effect on the Cornish crab industry of the withdrawal of the Chinese market, and now the EU is refusing to take its shellfish, which was previously acceptable. The Statement says that scallops are less affected than other bivalve molluscs. This is not the impression that I am gaining from the television coverage of the scallop fisheries in Scotland. However, can the Minister explain what the exact problem is with the class B waters around Wales and the south-west? If these waters were acceptable before 3 February, why not afterwards?
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I appreciate that the Committee dealt with some clauses regarding polygraphs on the previous day in Committee, to the extent of filleting the Bill so that certain provisions do not extend beyond England and Wales. I apologise to the Committee that I did not retrieve Amendments 19A and 19B, which were tabled at that time. I shall save my more general remarks about polygraphs for the next grouping, as this is a narrow point. Section 30 of the Offender Management Act excludes the use of two matters as evidence in any proceedings against a released person. Those matters are physiological reactions and a statement made during participation in a polygraph session. The amendment would make it clear that those matters could not be used as evidence in proceedings against a third party, its purpose being to ask whether that is now the case. When dealing with terrorism offences, there must be a lot of interest in the contacts of individuals—and, perhaps, a lot of interest in finding evidence that can be used against those other people I was very grateful for the teach-in arranged by the MoJ on how these sessions are currently run for sex offenders. During that briefing, it was explained to us that the sessions are not fishing or trawling for information; they are not wide-ranging discussions to see what an offender might let slip. They use closed questions, to which the answer will primarily be yes or no. It seems to me that some questions can lend themselves to inquiries about situations which may be relevant to other persons: for instance, "Since our last session, have you had any contact with, direct or indirect, or any news of X?" or "Has your wife had any news of X’s family?" My amendment is to probe whether the answers can be used in evidence against X. I beg to move.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, at the briefing by the MoJ, I was one of those who volunteered—at some point when we are able to travel again—to undergo a test, because I would like to experience what it is like. I sound a note of caution about the use of private—sometimes confidential but certainly private—sessions. They are terrific and helpful, but only so far; I do not believe that they can take the place of public debate. I could respond at some length to the noble Lord, Lord Robathan, but it would be outside the scope of the amendment. The purpose of scrutiny and its place in the development of legislation mean that it must be undertaken in public. I do not mean to sound too pompous in saying that, but it is something that I believe very profoundly The Minister apologised for being a pesky lawyer, but I think that being a pesky lawyer or an activist lawyer is a badge of honour. I disagreed with the comment of my noble friend Lord Thomas that people would not want to apply polygraphs in criminal proceedings. I can imagine that there are a lot of situations when people in court think that they would very much like to apply a polygraph to some witnesses—but that is by the by. I have told myself that I would not take up too much time with this response, because we have a lot of amendments to get through Inevitably, perhaps, this turned into a more general debate. On the specific amendment, we are told that it is unnecessary, and that what one might take—I cannot think of the right term— from a polygraph would be unsuitable for use in court, because it would be hearsay. I shall have a look at that after today, but I think that there is a little bit of circularity in all that. Certainly, in the real world, the questions that might be asked would, I am sure, provide material for the police, if not the prosecution—but that is a common-sense response. I beg leave to withdraw the amendment.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, the questions that have been asked are important. We cannot assume that the rules that currently apply for use with sex offenders are going to apply in terrorism cases. Indeed, Clause 35(2) tells us that there may be particular rules for terrorism cases, and even if that was not in the Bill, we know that rules can be changed at any time, relatively easily. Polygraphs do not have a great reputation with the public, and "The Jeremy Kyle Show" did not enhance it, which is another reason for wanting to explore details today. I made the point only yesterday on the Domestic Abuse Bill that operators have to follow courses accredited by the American Polygraph Association, and I was interested—I will try to use a neutral term—that we in this country are following American practice Under the rules, there are requirements about reports and records. I had a look at the 2009 rules, under which the operator is required to explain the requirements of the session: that anything disclosed might be communicated to the probation officer, and that there must be consent—or, rather, written confirmation—from the offender that these explanations have been given. I stopped myself calling it "consent" because, in that situation, I wonder whether the anxiety to which my noble friend Lord Thomas referred would preclude a complete understanding by the offender of what is happening. In that situation, knowing that refusal to take a test would amount to a breach of licence conditions, would you not sign anything The current reviewer of terrorism legislation has called for a pilot, and, if not a pilot, then post-legislative scrutiny. Not many Bills come along for post-legislative scrutiny by Parliament. The noble and learned Lord, Lord Stewart, painted a picture that I did not quite recognise. It sounded rather more like a departmental review—an internal review—than scrutiny by Parliament to see how an Act is getting on At last week’s briefing, I asked about the reliability of polygraphs used on subjects who have undergone some extreme experiences, such as having been in a war zone. I understand that that cohort is particularly in the Government’s mind at the moment. The professor of psychiatry—Professor Grubin, I think—who, I understand, advises the Home Office, realised that I was referring to trauma. I had not wanted to assume that they were subjects who had been traumatised, but he was right. I remain concerned not only about what might be perceived from offenders’ reactions but that the test itself might be retraumitising, so I think that the questions being posed are very helpful.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Donald Thomas (Liberal Democrats, Centre to centre-left): My Lords, I was very happy with the Minister’s reply when he said that a significant response—not a failure—does not lead to a recall and to the loss of liberty of the person who is being examined by polygraph. That seemed to be a very clear statement. But the noble and learned Lord, Lord Falconer, has raised some interesting questions and I would like to pursue them a little further He asked how it works in practice; I ask how it works in principle. For example, on 26 January I raised the point of the right to silence. The person who is obeying the conditions of his licence by taking part in a polygraph test is asked a series of questions. Nobody has suggested that he is warned that he need not say anything unless he wishes to do so. He does not have a caution, and he does not apparently have a right to silence, because if he refuses to obey the condition of his licence—regardless of anything he may or not say about his position—he is presumably open to be recalled to prison and to lose his liberty. That is a very important point that we should consider and address The noble and learned Lord, Lord Falconer, also introduced an interesting concept in relation to the third person—namely, can the transcript of a polygraph test be used as evidence of a conspiracy? We would like a straightforward response to that from the Minister Finally, my noble friend Lady Hamwee revealed something that I had not appreciated: the recall to prison—the loss of liberty—is determined not by the court but by a probation officer. A probation officer takes the decision. "Well, he’s refusing to answer the polygraph test, he’s breached his conditions and I’m going to send him back to prison." That, to my mind, introduces an important point of principle I wholly support the proposal in the amendment that there should be a pilot to investigate these practical and principled questions that have been raised.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): I am grateful to the Minister for his explanation but I am somewhat confused. He cites the evidence given by assistant chief constable Tim Jacques and the three examples that he gave. I will carefully read his evidence in Hansard and what the Minister has said the assistant chief constable said From what the Minister was saying, the assistant chief constable was saying why TPIMs were necessary. It was because—I think I am quoting the Minister accurately—there was not sufficient evidence to reach the criminal standard of proof, but the criminal standard of proof is "beyond reasonable doubt". From the examples that the assistant chief constable gave—as I say, I shall go back and read them carefully—I thought there was definitely evidence that the person may be involved in terrorism on the balance of probabilities. There would therefore be no reason in the three scenarios that the assistant chief constable gave for issuing a TPIM against those three people, on the current evidence The Minister has apparently ignored the history of this Parliament and its views on so-called future proofing, when it comes to the deprivation of people’s liberties and the severe imposition of restrictions on people’s human rights, as evidenced by the former Labour Government’s attempts to extend the period that terrorist suspects could be detained by the police without charge. Parliament does not take kindly to, "Well, okay, we accept that there is no evidence that a change in the standard of proof is necessary in this case, but it might be in the future, so we’re doing it just in case". We cannot deprive people of their liberty to the extent that TPIMs do on the basis of "Well, it might be required in future".
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I am grateful to the Minister. I have two questions. First, he spoke about Section 9 hearings and the appeal route under Section 16 making our amendment unnecessary. Can he tell the Committee how many times TPIMs have been revoked or restrictions eased as a result of each of these types of hearing Secondly, terrorism prevention and investigation measures are, as their title describes, temporary means of preventing terrorism taking place while an investigation tries to establish evidence to convict the person in a criminal court. Control orders, on the other hand, have been used in the past for public protection. If the Government are changing the nature of TPIMs and abandoning them as a temporary measure to enable an investigation to take place in safety, why do they continue to call them TPIMs? Why not now call them control orders, which are in fact what the Government are trying to use here?
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I hope that noble Lords will forgive me if, in the interests of time, I do not comment on every contribution. I must say, I have edited my notes as we have gone along, and it is more or less the same cast of characters throughout the clauses and amendments on this part of the Bill I noted in particular two comments that I think are well worth keeping in mind: my noble friend Lord Strasburger saying that two years is a serious length of time, and the noble and learned Lord, Lord Thomas—who, as ever, put pithily and succinctly an issue that is at the heart of the case, as it were—saying that the effect of indefinite detention or what is perceived as indefinite detention, by the taking away of hope, is to create greater danger In response to the question about how many new TPIMs there have been because of the cliff-edge issue, we were told it was "more than one occasion". If the noble Lord is able to expand on that, I would be grateful. I observe with regard to reviews—I use that term quite broadly—that it is difficult, if not impossible, for the subject to make effective representations because he does not know what points put to the Secretary of State he is responding to. It is worth saying one final sentence on the carrot—yes, that is what it is—of investing. One cannot even say that it is investing in rehabilitation, because no offence has been proved, but investing in managing the risk has to be worth it, even if you look at it coldly in terms of pounds and pence, because of the cost of enforcing and supervising TPIMs. I am looking at my screen to see whether the Minister will be able to respond to the question that I just put. As he has not leapt up—oh, he has.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, as my noble friend Lady Hamwee said, requiring a TPIM subject to relocate can have significant consequences, particularly, for example, if he or she has school-age children. It is a well-established fact in the rehabilitation of offenders that social ties are powerful in preventing reoffending. Relocating to another part of the country, presumably, would have the opposite effect Clearly, if there is a national security issue that requires the TPIM subject to be relocated somewhere they are not easily in contact with people they should not be in contact with, relocation should be considered. But to allow relocation simply to save police resources seems neither necessary nor proportionate.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I shall of course withdraw Amendment 30A and I shall not move Amendment 30B. The questions asked about proportionality and national security should be at the heart of this. The flexibility to which the Minister referred seems to suggest that subjects might be moved closer together for ease of management, which is the exact opposite of what I thought was one of the objectives of this regime I am still puzzled that "purposes connected with preventing or restricting … involvement in terrorism-related activity" in new Section 12(1A)(b) does not cover the Salisbury example that the Minister used, but, as one always does, I will look at the explanation, because I may well have missed it I did not miss the fact that my drafting was inadequate, but I do not take exception to that comment—that could be corrected later if necessary. I beg leave to withdraw the amendment.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Paul Strasburger (Liberal Democrats, Centre to centre-left): My Lords, as we have heard, Clause 40 will allow the Secretary of State to extend the overnight curfew on a person subject to a TPIM to the maximum: every hour of every day. If the clause passes into law, it will mean that a person who has not been convicted of any offence can be condemned to full-time house arrest indefinitely, possibly until their death It so happens that we are all experiencing a very mild form of this regime right now during the Covid pandemic lockdown. I say a mild form because we are allowed to go to work. We can get out for exercise, to buy food, to seek medical advice or for a host of other exceptions. We know that this confinement, with all its exceptions, will last for only a few weeks, or at most months. Even so, cabin fever is rife and the increase in mental illness in the community is very real and alarming Imagine, if you will, how it would be if this serious constraint on our way of life and infringement of our liberties was permanent and without any of the opportunities to get out of the house that we have under lockdown. It would be unbearable. In some ways, it would be worse than a long prison sentence. In a maximum security prison, you still get some exercise outside your cell every day. But this is what the Government intend to be able to do to people who may well be innocent, whose incarceration has occurred without the Government even having to prove their guilt beyond reasonable doubt or on the balance of probabilities Under Clause 37, a Minister would merely need to suspect that they may be a terrorist—a truly flimsy threshold of proof, which is so insignificant as to be pointless and non-existent. Nevertheless, on this flimsy basis, Clause 40 allows a Minister to condemn a quite possibly innocent person to indefinite full-time detention in their home. Can the Minister please give a meaningful explanation or operational case for this change? In doing so, if he is going to deploy the flexibility argument again, could he explain who needs the flexibility, to do what and why? It is seriously unconvincing to me This change to the TPIM regime is cruel, inhumane and unfair. It must be seriously damaging to the subject’s mental health and that of those around him or her. This House must expunge this clause from the Bill.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, at the risk of sounding like a broken record, we believe that the existing TPIMs are sufficient and are at the limits of what a country that has a reputation for upholding human rights should tolerate. The extension proposed in Clause 40 would extend the requirement to remain at or within a specified residence from "overnight" to what could amount to total house arrest. As the noble Lord, Lord Anderson of Ipswich, said, that is a requirement to remain at or within the specified residence between any hours. "As are specified" is yet another step too far, as my noble friend Lord Strasburger said On Amendment 31, I commend the noble Lords, Lord Hunt of Kings Heath and Lord Bach, for their relentless attempts to get police and crime commissioners more involved in operational policing decisions, including operations that may have national security implications. I accept that stop and search may be considered controversial, but it does not involve issues of national security of this nature, and I am not convinced that their amendment is necessary or desirable in this case.