argyrotsipi/train-dataset huggingface dataset:
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2019-02-26
Topic: Social Welfare
James O’Shaughnessy (Conservative, Centre-right): My Lords, this is a challenging and complex Bill and this topic is possibly the most complex of all. Before considering the merits of the two approaches, it is worth reflecting on the fact that a huge amount of work has gone into the development of the government amendment and that in the name of the noble Baroness, Lady Tyler. I signal our gratitude to that work, and to the contribution of many people who grappled with a difficult and challenging area, as the noble and learned Lord pointed out. I am certain that all those people had the right intentions Speaking from the Back Benches, having shepherded the Bill on an interesting rollercoaster ride through this House while I was a Minister, there are two questions which I have to satisfy myself on. The first, and less important in a sense, is whether this fulfils the promise which I made the House that the Government would bring forward a definition. The second—much more important—one is whether the Government have provided an operable definition that will be useful in reality, which is, after all, what we want. My noble friend the Minister gave a robust exposition of the merits of the Government’s amendment. It is certainly the product of a huge amount of work, some of it when I was in the department, and offers clarity and precision. It also offers a way through on the point made by the noble Baroness, Lady Finlay. There has been a great deal of disagreement on what the right, positive definition ought to look like, so going for a negative one—I think it was described as an exclusionist definition—offers a way through The noble Baroness, Lady Tyler, made an important point about the complexity of language and whether this is intelligible. We need to draw a distinction between who will be using the Act and who will be using the statutory guidance that will flow from it. The Act will mainly be the subject of scrutiny by lawyers and others who are able to cope with double negatives and such things, in a way that I cannot. More importantly, these will be—and are being—distilled into case studies of how this would operate in practice. That is what will be practically useful for cared-for people, their carers and those who are supporting them. Perhaps when my noble friend responds to this debate she will say a little more about how the statutory guidance which will bring this to life will be scrutinised The key question is whether the definition that the Government have provided will be usable in the courts and compatible with the ECHR. I believe that it is but, more importantly for this House, the opinion of the noble and learned Lord, Lord Hope of Craighead, is that it performs that function. On that basis, I am happy to support the approach taken by the Government, not only because it satisfies the commitment I made to this House but, more importantly, because it provides an operable definition that will be useful to those who have to grapple with it every day.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2019-02-26
Topic: Law and Crime
Nicola Blackwood (Conservative, Centre-right): My Lords, I thank all those who have contributed to this debate on the first group of amendments. As your Lordships have so thoughtfully said, we are wrestling with this definition because, as my noble and learned friend Lord McKay put it so eloquently, this is a very challenging task indeed In my opening speech, I explained the Government’s amendment and the reasons for our opposition to the amendment of the noble Baroness, Lady Tyler, so I will try to answer a couple of questions that have been raised. The first came from the noble Baroness, Lady Finlay, who asked why the amendment introducing the definition was tabled in the first place, given that it was such a difficult task and the Law Commission did not recommend that definition. There were calls for a definition from the JCHR, noble Lords and many stakeholders. It was an attempt to meet those calls, and we have done our best to collaborate and respond. She also raised the issue of valid consent and the three pillars. All references in the Bill to the deprivation of liberty only apply to people who lack capacity, and the amendment implies that people who lack capacity can give consent. That would not be correct in law but that is the way it could be read, so it needs to be clarified before it could be accepted I am very grateful to the noble and learned Lord, Lord Hope, for his comments. In his broad experience, the Government’s definition is in line with the reading of Strasbourg’s decisions so far. As he rightly understands, our intention is to anchor the definition in Article 5 and Cheshire West and to allow for evolving case law so that those who are awaiting decisions do not have to go back to court again and again. The purpose of this definition in the primary legislation is exactly as my noble friend Lord O’Shaughnessy put it: it is for the use of lawyers, whereas we are determined to bring forward robust and clear statutory guidance for stakeholders and those who will be affected by the definitions, so that they can be assured that they understand exactly the effect of this definition. On that basis, I hope that the noble Baroness, Lady Tyler, feels able to withdraw her amendment.
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2019-02-26
Topic: Social Welfare
Nicola Blackwood (Conservative, Centre-right): My Lords, I thank noble Lords for their contributions to the debate on this group. The provision of information in an appropriate and timely way goes to the heart of the Bill, in its intent to empower the cared-for person. The contributors today demonstrated how significant they have been in the process of improving the Bill I will respond first to my noble friend Lady Browning, and her question about clarifying what "as soon as practicable" means. This term is also used in the DoLS legislation. As we have outlined, we intend to clarify this in the code of practice with a range of examples that will make it perfectly clear exactly what it means, for practitioners and the cared-for person. We expect that this will be in the earliest stages of the process, so that the person has the information to enable them to exercise their rights, as the noble Baroness, Lady Wheeler, said, "as a matter of course". This is exactly what would be expected. In order to ensure that this code of practice is workable and effective and, as my noble friend Lord O’Shaughnessy rightly put it, "has teeth", it is being developed with strong input from stakeholders and practitioners. That is why we are confident that it will not be just a document but a usable and effective piece of statutory guidance We are not able to accept the amendment in the name of the noble Baroness for the reasons which she accepted, in some way, in her contribution. We have concerns about the specification of 72 hours and other aspects, but I understand her desire to ensure that information about the authorisation record is provided promptly. This is our intention as well. We have heard the will of both Houses on this and have tried to reflect that in our amendments, and I am certainly willing to consider how best to do that. We think that it is best done in the code of practice, which will be statutory and will have teeth, for the reasons that I outlined. I hope that, with these reassurances, the noble Baroness will feel bound to press her amendment. I beg to move.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): I thank the noble Baroness, who I welcome to this joyous occasion; we have many such occasions and I hope to see her again soon. I also thank the noble Lord for his comments. First, I have said consistently over the last few months that I want to leave the European Union with a deal. I am part of a Government who are working hard to deliver it, and we will continue to do that in the coming weeks Both the noble Lord and the noble Baroness touched on legislation. My noble friend the Chief Whip and I have been able to work constructively through the usual channels, and we will continue to do so. We have not sought, and will not start seeking, to railroad Bills through this House. I think that all noble Lords would agree that we must balance the need to ensure that vital legislation sent to us from the other place is passed within a reasonable time, and the need to ensure that this House has adequate time to scrutinise it in the usual manner We are as aware as anybody else of the constraints of the parliamentary timetable, and we will not be unrealistic or unreasonable in what we ask the House to do. We will continue to work with the usual channels to try to ensure the greatest possible degree of cross-party consensus as we move forward. As we have shown with the Trade Bill, where my right honourable friend the Trade Secretary yesterday announced safeguards in the event that the Bill has not received Royal Assent in March, the Government are both responsible in putting in temporary arrangements if necessary, and reasonable about allowing this House the scrutiny of legislation that it deserves I am afraid that I disagree with the noble Lord, Lord Newby, who said that no progress had been made on alternative arrangements. That is simply not true. President Juncker has agreed that the EU will give priority to this work. We have agreed joint work streams together to go forward. However, implementing alternative arrangements will require, for instance, a number of derogations from EU law. These are issues that we have to work through with the EU. That is why joint work will be going forward in parallel to the further discussions on the political declaration. The Prime Minister has spoken to the leaders of every member state since I last made a Statement on this issue. She has discussed with them the guarantees that could be given to underline the backstop’s temporary nature—something about which the House of Commons made clear that it was concerned—and to give the appropriate legal assurances to both sides. She has discussed the role that alternative arrangements could play, and changes to the political declaration. We are moving forward. The Prime Minister has said that if she can come forward with a deal that addresses the concerns of the House of Commons before 12 March, she will do so.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Patrick Cormack (Conservative, Centre-right): My Lords, my noble friend knows that I sincerely hope that there will be a deal. However, does she accept that if, as is quite likely, there has to be an extension, it must be a sensible extension that gives proper time for the extraordinary events—I choose my words carefully—of the past two years to be put right? We therefore do not wish to have an extension that is merely to the end of June, even if there are implications for the composition of the European Parliament. But I repeat that I hope we have a deal—as does my noble friend—in time for that not to happen.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): I agree with my noble friend. We are all working hard to achieve a deal, but the Prime Minister has made clear that if, following a series of votes in the House of Commons, as set out in the Statement, there is a vote to ask for an extension to Article 50, she will want it to be for the shortest time possible.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): What is right and in the interests of the country is what the Prime Minister has been working on for the past two years, which is to get a deal that leads to a strong partnership between the EU and the UK going forward. That is what she is focused on and will continue to focus on. We are having constructive discussions with EU member state leaders, the Commission and the Council in order to get to that point. That is what the Prime Minister is focused on and that is quite right.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): As I have repeatedly said, the Prime Minister is looking at three options and discussing them with the EU. These are: the alternative arrangements, such as technological solutions; a legally binding time commitment to the existing backstop; and a legally binding unilateral exit clause to that backstop. That is what she has been talking to the EU about. The noble Baroness is right that the paper published this afternoon provides an honest assessment of the real challenges that no deal would bring. That is why we are working so hard to achieve a deal, and it would be great if noble Lords across the House would support us in that endeavour.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): As I have said, the alternative arrangements are not a novel concept; they are mentioned and referred to in the political declaration, and discussions have happened. Many of the existing technologies that could be used to avoid a hard border are already developed. However, many of them have not been used together, which is why further work needs to be done. We have to make sure that they are workable and, importantly, operate in the specific circumstances of Northern Ireland. It is doable and we are working together to try to achieve it.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): As I have said, a series of votes will need to happen at that point. However, the Prime Minister has made it clear that she does not want to extend Article 50, but if the House of Commons votes to do so she would like the shortest possible extension.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Anne McIntosh (Conservative, Centre-right): My Lords, will my noble friend use her good offices to argue to the Prime Minister that we should be negotiating for observer status for a small group of MEPs to remain if the extension lasts beyond the end of June? It should not be required to last beyond that. We should not use as a barrier to that extension elections to the European Parliament. There is a category in applicant countries for MEPs to have observer status before they join. I would argue that we should have that status as we leave, so that we can keep a small group of MEPs in position, and that should not be used as an excuse not to continue with the extension.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): The Prime Minister’s focus over the next couple of weeks will be on achieving a deal that can get the support of MPs across the House of Commons, so that we can move on to focus on our future relationship and develop the strong partnership with the EU that we all want to see.
Leaving the European Union — House of Lords, 2019-02-26
Topic: Law and Crime
Natalie Evans (Conservative, Centre-right): The Prime Minister has set out the changes that we are looking for. The Attorney-General was out there last week and he is out there again today. He is having discussions on the legal nature of the changes we are looking for.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): It is exactly because we care about the future of this country that we are working so hard to get a deal, but the legal default position is no deal, so any responsible Government have to prepare for it. We are working towards a deal. If we had the support of Members of both Houses and all parties, we could get there and we could start to move on to the future, which we all want to do.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Rodney Elton (Conservative, Centre-right): My Lords, I understand that those who are calling so loudly for no deal are those who are not satisfied with the present deal offered by the Prime Minister but want something better. She therefore needs to be able to negotiate. She needs to have a card. The only available card is the threat of no deal. Why are the people who want to adopt that attitude constantly removing the only card she has in her hand?
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): I say again that we do not want no deal. The noble Baroness rightly pointed out the severe challenges that it will pose. That is why we are focusing so heavily on getting a deal, trying to address the issues the House of Commons has raised in relation to the backstop and looking more broadly at other issues that have concerned MPs, so that we can bring a package that MPs can support, get a deal, start discussions with the EU about our future relationship and look forward, rather than constantly going round in circles, which is what we have been doing for a while.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): We have spent a lot of time preparing for no deal. We have done a lot of work. We have been in touch with business and have been setting up new systems. The fact of the matter is that there are real challenges, and not all no-deal planning is in our gift; it also relies on our European partners. We are doing what we can, but I have repeatedly said that that is not the route we want to go down. We want a deal, and that is what we are trying to achieve.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): As the Statement clearly sets out, if the House of Commons does not pass a meaningful vote, there will then be an opportunity to vote on whether or not it wants to go ahead with no deal.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): All I can say to the noble Viscount is that since the last Statement the Prime Minister has spoken to leaders of every member state. At the summit over the weekend she had further discussions with President Tusk, Chancellor Merkel, Prime Minister Rutte, President Juncker, Prime Minister Conte and the Taoiseach. Conversations are going well. The EU wants a deal, like we do, so there is a willingness to work together. That is what we are doing. That is why work is intensifying and why the Secretary of State for Exiting the EU, the Attorney-General and the Prime Minister have all being making regular trips to Brussels to make sure that we can get this deal over the line.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Rosalind Altmann (Conservative, Centre-right): My Lords, this House and the other place have made it clear that they do not support leaving the EU without a deal. Business is crying out for some kind of certainty. We are now saying that we will not take no deal off the table and are just moving the deadline from the end of March to the end of June. That does not take no deal off the table, give reassurance to business or respect the will of Parliament. I implore my noble friend to consider the position this country is in and that the risk to people’s jobs and livelihoods is really serious. By limiting the extension to a very short period, we will not give ourselves the best chance of negotiating that good deal and relationship that we want and need to achieve.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): We are extremely clear about the seriousness of the situation, which is why we are continuing to work for a deal that can be passed in a vote on 12 March. The Statement sets out a very clear set of steps that will happen after that in order that the voice of the House of Commons can be heard if we do not win the vote on 12 March, but we are committed to trying to do that, and that is what we are all focused on.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): The noble Lord is absolutely right. Of course we need good relationships. In fact, those relationships are bearing fruit in the constructive discussions at the moment. The Prime Minister and all of us are very clear that we want a positive, strong, close relationship with the EU. That is what we want to achieve. That is the work that we want to get on with once we move past the withdrawal phase, and that is what we are all aiming to do.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Ian Livingston (Conservative, Centre-right): My Lords, I think the vast majority of Members of this House are of the view that no deal would be a disaster. We hear from some people from the European Research Group that somehow it is doable. This House is discussing not whether no deal would be a minor inconvenience but how we avoid it. Given that—despite what the leader of the Opposition has said—there is no alternative deal on the table, there are only two ways: the Prime Minister’s deal or a second referendum. They are the only two options. The Prime Minister was clear on that. The Government could help by being much clearer about the sheer scale of the issues that would arise from no deal. Saying it is a negotiating card is absurd. It is a bit like threatening to shoot yourself in the foot and saying that it is okay because other people will be spattered with blood. It is not a negotiating card but an act of wilful self-harm. I know the Government are seeking to avoid it and the Prime Minister is trying extremely hard, but we all have to be very clear that, whatever happens, no deal would be extremely harmful for business, the citizens of this country, EU immigrants here and UK citizens in Europe. We need to be clearer about it and to work together to try to avoid it.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): We are trying to work together to avoid it, which is why there have been numerous discussions between the parties, both Front-Bench and Back-Bench, in the House of Commons. We are absolutely trying to work together to address the concerns that have been raised by MPs. The noble Lord is right. We do not want no deal. That is why the Prime Minister has been so focused on trying to make the changes that will be required to get the support to get her deal over the line so that we can start to talk about our future relationship—the strong relationship we want with the EU going forward.
Leaving the European Union — House of Lords, 2019-02-26
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): We have been clear that we will do everything in our power to avoid a hard border in all scenarios, but there are clear EU rules that apply to trading goods with third countries, and with the Commission outlining, in its no-deal publication in December, that there will be no exemptions for Ireland on border requirements. We and the Irish Government are very clear that we are doing everything in our power to avoid a hard border. That is why we are both looking for guarantees around the backstop. That is also why we are looking at technological developments to ensure that we do not go back to that because neither side wants it, and I can assure the noble Lord that that is at the top of the Prime Minister’s priority list.