argyrotsipi/train-dataset huggingface dataset:
Deregulation Bill — House of Lords, 2015-02-03
Topic: Technology
John Gummer (Conservative, Centre-right): I entirely agree with the noble Lord. The point I am trying to make is that the very issue he is raising is covered neither by the Bill itself, nor by the amendment. It just makes us sound as if we are out of touch with what is actually happening. We ought, perhaps, to think again—not now, but in the future—about how to bring this into line with modern technology.
Deregulation Bill — House of Lords, 2015-02-03
Topic: Transportation
Matthew Ridley (Conservative, Centre-right): My Lords, I have great sympathy with what the noble Baroness, Lady Thornton, said about the need for people to feel safe in taxis, and with what the noble Lord, Lord Harris of Haringey, just said. However, I do not believe that the clauses weaken these aspects of the Bill. Clause 10 does not water down enforcement, policing or the responsibilities of local authorities. Local authorities can and do check the suitability of drivers. There is nothing to stop them sharing information with police. They do so already and they still will be able to do so. There is no change in the frequency of disclosure checks, for example As I said in Committee, it is worth bearing in mind that Clause 11 allows huge benefits from subcontracting for provincial taxi operators that are not available at the moment to taxis—except those in London. It allows better response times, reductions in dead mileage, subcontracting to trusted subcontractors when there is a sudden problem—in the event of a breakdown, for example—and more efficient deployment of vehicles. I gave examples in Committee of operators who must currently travel 50 miles to pick up someone to go two miles and then come all the way back again, and of vehicles that return empty from airports and hospitals, or that have to leave passengers in the lurch when there is a breakdown or accident outside their area All the subcontracting made possible in this clause is already possible for London. Operators are allowed to subcontract there. I do not see why it is not possible to make a level playing field. No one, not even the Suzy Lamplugh Trust or the Local Government Association, has suggested that there are peculiar problems arising in London as a result of subcontracting. Sure, there are problems in London, as elsewhere, but operators are still required to keep records so that there is an audit trail. Quite simply, it is already an offence to subcontract to an unlicensed operator. It is clear that there is an issue to be dealt with, but it is not dealt with by interfering with Clauses 10 and 11.
Deregulation Bill — House of Lords, 2015-02-03
Topic: Agriculture
William Spicer (Conservative, Centre-right): I thank the Minister for giving way. The problem with this is that we have been hearing it for 40 years. I was chairman of something called the Spicer committee 40 years ago, which comprised the National Farmers’ Union, the Government and a whole lot of other bodies. We came up then with what we thought were solutions to try to make it easier for the applicant. Forty years later, we are still in the same position and still being told roughly the same stuff by the Government. This is why it is so difficult to believe what is coming out now.
Deregulation Bill — House of Lords, 2015-02-03
Topic: Transportation
Rupert Ponsonby (Conservative, Centre-right): I understand my noble friend’s point, but I hope he would be prepared to give the provisions in the Bill a chance. They are actually quite far reaching. With great respect to my noble friends, who have raised some important points, we are talking here about points which, in their eyes, would make yet further improvements. I think my noble friends acknowledged in their speeches today that there are already some good, positive changes in this Bill. I hope my noble friend would accept that Moreover, under the right to apply provisions, the Secretary of State will be the confirming authority for all disputed orders. The Government will therefore be in a prime position to promote implementation of the revised policy set out in the guidance by setting a clear precedent with any cases that come before the Secretary of State. In addition, the Government will work with rights of way officers, through their professional organisations, actively to promote to local authorities the existing guidance on diversion or extinguishment of rights of way which pass through gardens, farmyards or commercial premises To return to the amendment, the existing legislation on extinguishments and diversions, in Sections 118 and 119 of the Highways Act 1980, already sets out rules, which Parliament has debated and agreed, under which local authorities make decisions on applications to divert or extinguish rights of way. My noble friend’s proposed regulation-making power would, in effect, be a power to make new rules by delegated legislation and therefore without full parliamentary scrutiny. I suggest that it is highly unlikely that we would get stakeholder agreement to such a measure, knowing that this was the purpose behind the amendment.
Deregulation Bill — House of Lords, 2015-02-03
Topic: Transportation
Hazel Byford (Conservative, Centre-right): My Lords, although I am grateful to my noble friend for his full response to my Amendment 7 and for his acceptance that the review should take place two years after the Bill becomes enacted rather than after three years, as was originally proposed, I will read Hansard carefully—but this is indeed welcome I still have some concerns about the important ongoing work by the stakeholder working group. We get such few opportunities of such legislation coming before us in Parliament, when we have a chance to try to make sure that practicalities are overcome if they possibly can be—although that is not always possible. I hope that the stakeholder working group will continue to work closely together to try to resolve some of these issues. They are not impossible to resolve. My noble friend Lord Cathcart said that it is costly to apply for diversions. I gather that unopposed diversions cost about £2,000, but those that are opposed cost more than £8,000 and can be dearer. We need to keep that in the back of our minds when we are talking in fairly general terms about something that was a problem 40 years ago, to which my noble friend Lord Spicer referred Although there are improvements in this Bill, which I have publicly acknowledged, there are still things that need addressing. If that cannot be done within the Bill, I hope that the words that my noble friend the Minister has given me today will fill me with confidence rather than suggesting that he thinks that I have got it wrong We have another stage. Other Peers have taken part in this short debate: my noble friends Lord Skelmersdale, Lord Cathcart and Lord Spicer, as well as the noble Lord, Lord Grantchester. The noble Lord has, as I do, footpaths across his land and we are happy to have them. Ours are not contentious, but there are people—and 1% is 1% too many—who are having a rough time, because the various interested bodies cannot get together to try to reach a proper outcome to something that I hope is not an insurmountable problem. It may seem a huge problem to those who want the right of way; and those who say that if they were to divert it, that would be of benefit to everybody. Perhaps the working group could attach a little more vigour to some of the outstanding issues I thank my noble friend and other noble Lords who have taken part in this debate, and, with my noble friend’s words saying that within two years there will be a review panel rather than a report, I beg leave to withdraw the amendment.
Deregulation Bill — House of Lords, 2015-02-03
Topic: Transportation
Roger Bootle-Wilbraham (Conservative, Centre-right): My Lords, I understand the rationale behind what the two noble Lords have said on the amendment but I would add a slightly cautionary note. Although we all enjoy walking on footpaths and we get irritated by bicycles, quad bikes, Land Rovers, et cetera, on paths that are not BOATs, there are those, such as disabled people, who are able to enjoy such footpaths only through the use of some sort of propelled vehicle. Although I readily understand that there is a need for control, I do not believe that it should be absolute and I look forward very much to listening to what my noble friend the Minister has to say on the working group that is proposed.
Deregulation Bill — House of Lords, 2015-02-03
Topic: Agriculture
Roger Bootle-Wilbraham (Conservative, Centre-right): My Lords, would my noble friend accept another thought? As she said, she is a farmer but not a farmer on—for example—the Quantocks, or Exmoor, or further north in Cumbria like the noble Lord, Lord Judd, although I believe he is not a farmer; none the less he is a resident. They have to get around their land on some sort of vehicle, whether it is a tractor or a quad bike.
Deregulation Bill — House of Lords, 2015-02-03
Topic: Agriculture
Hazel Byford (Conservative, Centre-right): Indeed. I am so sorry I did not include quad bikes; they are a normal sort of motor vehicle that is essential to farming in many areas. We do not happen to have one on our farm, but we do not have the sort of access being debated this afternoon. My noble friend is quite right to reflect on how important that access is.
Deregulation Bill — House of Lords, 2015-02-03
Topic: Environment
Joan Hanham (Conservative, Centre-right): My Lords, I shall speak also to Amendment 19 and in doing so remind the House that I am co-president of London Councils. It is on behalf of London that I shall speak this evening Clause 44 changes the penalties on a national basis for waste collection. It amends provisions in the Environmental Protection Act 1990 on waste collection and waste receptacles. It changes the system from one which was subject to a fixed penalty notice regime—that is, a system based on the criminal law—to one based on the civil processes of a penalty charge notice system. This change seems wholly proportionate and sensible, and I have no disagreement with it However, to make this a national system, two provisions have had to be put in the legislation to bring London into the whole pot; namely Clause 44(6) and Schedule 12. Both of those have had to be inserted into this part of the legislation to ensure that it is a national scheme. The reason is that London is already running such a scheme, based on the amended Environmental Protection Act and under the London Local Authorities Act 2007 This system has been running perfectly happily. It is a decriminalised penalty notice system based on the normal penalty notice way of doing things. It has an appeals system. It is managed by a joint committee of London Councils. It has been the forerunner of what the Government are now trying to do. The system is now recognised by everybody who lives in London. I do not know whether people who are not involved in local authorities realise that it is not always easy either to identify somebody who is causing an infringement of the law or to make sure that they cough up when they are charged or recognised as having done so. As the system has been running perfectly successfully, London wants to stay that way My first reason for not wanting to see London included in the processes set out in the Bill, therefore, is that its system has been running perfectly well. The second is the bureaucracy that surrounds the Government’s proposals. There are four pages of legislation to tell enforcement officers how to issue a penalty charge notice. This is meant to be a Deregulation Bill, not a "pile it on high" Bill. With a penalty charge notice—as we all know, because we all get them from time—you receive it, you sigh deeply, you think about throwing it in the bin but, largely, you pay it because it tells you that if you pay up in two weeks you can do it more cheaply than if you wait for four weeks. If you feel really brassed off about it, you appeal. The process is neither very long nor very complicated, but there are four pages of legislation to introduce this new national system.
Deregulation Bill — House of Lords, 2015-02-03
Topic: Environment
Rupert Ponsonby (Conservative, Centre-right): My Lords, I believe that there is broad political consensus that Clause 44 is needed to introduce a fair system of penalties related to household waste collection in England. This new system will treat individuals more fairly than hitherto and deal effectively with those whose behaviour has a negative impact on residents’ local neighbourhoods, such as leaving bin bags on the street for days on end The clause removes the current criminal sanctions available under the Environmental Protection Act 1990. The system we propose means that fixed penalties of between £60 and £80 will be available if a person does not present household waste as required and this causes a nuisance or is detrimental to the locality. The clause introduces a "harm to local amenity" test. Civil sanctions will be available to deal with behaviour such as putting waste out in a way that causes obstruction to neighbours, attracts pests, unreasonably impedes access to pavements or is an eyesore In Amendments 18 and 19, my noble friend proposes to retain a parallel system in London. We want to change the law so that only people causing real problems for their community will get punished—for example, people leaving bin bags on the street for days on end. The new test of causing harm to local amenity is designed to ensure this. My noble friend’s amendment would enable London boroughs to bypass this important safeguard. That would mean that if a London resident happened to leave a bin lid open or if someone threw the wrong rubbish into someone else’s recycling bin then the householder—that is, someone else—could be punished, in London We do not think it appropriate for people to be penalised for a first-time mistake or someone else’s careless action. They should be told what they have done wrong and have the opportunity to rectify their errors. Clause 44 introduces these changes to the Environmental Protection Act 1990. I am confident that this will not add significant burdens compared to how the current arrangements operate in practice. We know that many authorities already communicate well with their residents and seek to educate them if they have difficulties with collection requirements.
Deregulation Bill — House of Lords, 2015-02-03
Topic: Law and Crime
Rupert Ponsonby (Conservative, Centre-right): I am quite happy to do that. If I cannot do so during this debate, I will let the noble Lord know whatever information I can find for him Clause 44 would ensure that this best practice is adopted and that additional safeguards for the individual are available across all boroughs I understand that my noble friend is concerned that the process of issuing penalties will take too long. We need to get the balance right between protecting individuals’ civil liberties and dealing with behaviours which damage local neighbourhoods. We intend that this is reflected in legislation. Since the Deregulation Bill was first published in draft, we have amended Clause 44 so that local authorities will not have to issue multiple warnings to people who repeat the same behaviour of causing harm to the local amenity within a year We also believe in a fair and measured approach to penalties. A shoplifter committing a first offence may be issued with a £90 penalty notice for disorder. My noble friend’s amendment would levy penalties of £110 for mistakes and carelessness with Londoners’ bins. Clause 44 allows us to set the level of penalties at between £60 and £80 because we do not believe such mistakes and carelessness should be penalised more heavily than shoplifting. I understand my noble friend’s focus on London and know she would like the city to be treated as a special case. However, other cities in England have, for example, high-density housing, transient populations and student populations. I am sure she would accept that a proportionate, fair approach should apply throughout England My noble friend asked why the clause needed to be so wordy. We appreciate that the clause and the schedule are long and look complicated. There are two reasons for that. First, we want to be clear about the process that local authorities must go through as we do not want householders to be penalised for a first-time, inadvertent mistake. Secondly, we are looking to align two different systems, set out in the Environmental Protection Act 1990 and the London Local Authorities Act 2007. To summarise, this clause as it stands will introduce the protection that a household needs from being punished for a simple mistake or for people throwing the wrong rubbish into someone else’s bin. It will align all of England with a sensible approach that keeps residents informed and levels of penalties proportionate My noble friend Lord Tope asked whether I would be prepared to meet him about this, and the noble Lord, Lord Harris, asked the same question. Of course I would be prepared to do that, but I would not want to raise any expectation that the Government will change their position on this. I ask my noble friend to withdraw her amendment.
Deregulation Bill — House of Lords, 2015-02-03
Topic: Environment
Joan Hanham (Conservative, Centre-right): My Lords, I originally put the question to my noble friend of whether he would be prepared to meet us. He said he will and I thank him for that. I will take up his offer as soon as we can so that we can try and get some sense into this before Third Reading I have stood in the same position as the noble Lord, Lord De Mauley, and I have at times thought that the brief in front of me was absolute rubbish. I have to say that I think that this falls into that category. This is not about one person putting a bit of rubbish into somebody else’s recycling bag. This is about bringing into the whole country a decriminalised system of enforcement of waste in relation to receptacles, dustbins and whether or not you put your rubbish out in plain bags. If the five pages plus five pages of schedule on this legislation are intended to amend the problem of one unknown person putting one bit of rubbish into another bag, I think deregulation has lost its meaning I will not say any more. I am extremely disappointed with the noble Lord’s response. London has its own legislation on many fronts and it always acts responsibly. It has led the way with the decriminalisation of waste collection and changes to the Environmental Protection Act. It is not just being unfriendly and prosecuting people unnecessarily. The whole nature of what I was concerned about in the noble Lord’s briefing has been misunderstood. I hope that that was what it was. I look forward to meeting him and we will make sure that that happens. In the mean time I will withdraw my amendment.
Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015 — House of Lords, 2015-02-26
Topic: Government Operations
Michael Bruce Forsyth (Conservative, Centre-right): I am most grateful to my noble and learned friend for giving way. The document to which he referred, Scotland in the United Kingdom: An Enduring Settlement, published in January, suggested that the alterations to the franchise should require a supermajority of two-thirds in the Scottish Parliament. The order being presented today bypasses that. If it was thought appropriate to have a supermajority to change the franchise in January, why is it not thought appropriate in February?
Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015 — House of Lords, 2015-02-26
Topic: Government Operations
Michael Bruce Forsyth (Conservative, Centre-right): My noble and learned friend is saying to the House that the reason that no supermajority provision is required is because it was a recommendation from the Smith commission. However, this document, An Enduring Settlement, which was the Government’s response to the Smith commission, said that there should be a supermajority for changes to the franchise or important constitutional changes. He has not explained why he has changed the Government’s position in a matter of weeks.
Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015 — House of Lords, 2015-02-26
Topic: Government Operations
Michael Bruce Forsyth (Conservative, Centre-right): In which case, why on earth are we still retaining the Barnett formula and allowing Scotland to raise its own tax, if the principle was that there was "no detriment" to the rest of the United Kingdom? There was no representation from anyone from the rest of the United Kingdom; it was the political parties in Scotland looking at the position in Scotland My noble and learned friend, who is a very clever lawyer, is making a quite separate point. You can look at what is in the interests of Scotland in such a way that it creates no detriment to the rest of the United Kingdom, but that is not the same thing as looking at the interests of the United Kingdom as a whole and considering the knock-on implications. That is a matter for this House and, more particularly, the other place but they are being given no opportunity to debate and consider it. In the case of the changes to local government there has been no opportunity for anyone in Scotland, in the Scottish Parliament or anywhere else to consider that I return to my point. We had the Smith commission looking at Scotland. Then we had this ludicrous vow made in the last few days of the campaign—after I and many other people had voted, because many people voted by post. It was done without consultation with the party leaders in Scotland, hence the leader of the Labour Party in Scotland resigned and described her party as being treated like a branch office. Our leader Ruth Davidson, who did such an excellent job in the referendum campaign, was not consulted. This was three privy counsellors on the phone, cooking up a scheme. We have not had that style of government, where privy counsellors could consult each other and create legislative change of this kind, since the days of Wolf Hall. We should be very concerned indeed by the way in which this matter has been done and brought forward Then we had the childish timetable where the Government were required to respond from September by St Andrew’s Night, and then from St Andrew’s Night we had to have draft clauses by Burns Night. This is pantomime politics. Not only did we have these draft clauses by Burns Night but, a week later, we had the architect—the hero—of saving the union, Gordon Brown, telling us all that what he had produced and agreed by Burns Night was no longer satisfactory and that we needed to do something else. This is riding for trouble. We should consider constitutional matters carefully and they should carry consensus. We should consider the implications for the United Kingdom as a whole. It should never be driven by political expediency or short-term political consideration.