argyrotsipi/train-dataset huggingface dataset:
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
Roger Thomas (Crossbench, Unknown): My Lords, I entirely support the amendments put forward, for the reasons that have been given. I do not want to add to them. It seems odd to give judges discretion and say that we trust them, then immediately circumscribe what they can do That leads to my concern about new Section 29A(10). When listening to the Minister earlier, I asked myself why new Section 29A(8) was there because all the points are perfectly obvious. I wonder whether we are looking at a new technique here being laid down for future use. Do you list perfectly obvious things in new subsection (8) to bring in the killer in new subsection (10)? I hope the Minister can assure us that we are not going to see in any future legislation dealing with judicial review—who knows whether there will be any—the codification of perfectly obvious principles as a means of bringing in by the back door what one sees here in new subsection (10).
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
David Pannick (Crossbench, Unknown): I am grateful to the Minister for giving way. He expresses the hope that these provisions will enable the judiciary to build up a body of precedent in this area. Can he direct the Committee to any other statutory context which sets out in the way we see here a list of factors that judges are obliged to take into account, and then directs them by way of a presumption as to how discretion should be exercised? I cannot think of any. While I am on my feet, I thank him for being here tonight to deal with these amendments and giving up what would otherwise, I am sure, be an important date in his diary.
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
David Anderson (Crossbench, Unknown): I thank all noble Lords who have contributed to this notable debate—notable not just for its quality but for the rare and even forceful unanimity that it evoked among nearly all lawyers who spoke. I exempt, of course, the Minister, who was paid, or possibly not paid, for taking the opposing view I thought that the noble and learned Lord, Lord Etherton, put it most pithily when he said that the presumption was unnecessary, wrong in principle and potentially dangerous in practice. He was swiftly outdone by the noble and learned Lord, Lord Judge, who, if I may say so, correctly described it as a presumption on favour of the wrongdoer—the person against whom a quashing order is to be made. Even the noble Lord, Lord Faulks, who attempted a characteristically fair-minded defence of the presumption, confessed that he was not persuaded that it was necessary. Of its necessity, I was not persuaded by the Minister in his speech. He still seemed unsure whether it is a presumption at all—but if it is not a presumption, what on earth is it, save for a sort of fertiliser for, as he put it, encouraging the growth of jurisprudence, which I think we are all agreed it would be? I hope that the Minister is right that "adequate redress" is broader than "effective remedy", but, sadly, neither his words, or still less mine, are any substitute for the authoritative judicial ruling that would no doubt take great time and effort to achieve. These subsections are not something that we should have in this Bill, and they would be a damaging precedent for other Bills Finally, we are in the extraordinarily privileged position in this Committee to hear from very senior judges whose lives have been devoted to the interpretation of such laws what the practical defects of proposed laws would be. I hope that we will not only hear them but act accordingly when, as we surely will, we come back to this on Report. In the meantime, I beg leave to withdraw the amendment.
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
David Pannick (Crossbench, Unknown): The noble and learned Lord has raised a number of very valid points in opposition to Clause 2. I offer another, in response to the noble Lord, Lord Faulks, who emphasises that there must be finality in litigation. The problem with that argument is that Clause 2 itself recognises the need for exceptions. New Section 11A(4) specifies exceptions, in particular for a "fundamental breach of the principles of natural justice." In my Amendment 19, I suggest we need a further exception for where the Upper Tribunal has made a fundamental error of law. The noble and learned Lord, Lord Falconer, gave a number of examples where there may be important areas of law that raise fundamental issues that go to the safety of the individual who is going to be removed to a place where they may face persecution or torture. I for my part do not understand why a fundamentally unfair procedure is a greater mischief in this context than a fundamental error of law by the tribunal system. In each case, the Upper Tribunal and the Court of Appeal will have declined to intervene. If the judicial review route is nevertheless to remain open, as Clause 2 recognises, for fundamental procedural defects, surely it should remain open for fundamental substantive defects I accept of course, as again the noble Lord, Lord Faulks, emphasised, that there will be claimants with no legitimate point who seek to argue that they fall within the exception, but that is equally true of an exception for fundamental procedural defects. In any event, the answer to that concern is to ensure that any application for judicial review, whether of substance or procedure, is looked at and addressed by the judge on the papers and within a very brief time period.
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
Roger Thomas (Crossbench, Unknown): May I add a couple of observations? It seems to me that experience has shown that it was difficult for the Supreme Court to find the right balance. On the other hand, this Bill goes too far and, if I may respectfully agree with the noble Lord, Lord Pannick, it is very easy for a judge to think in the particular circumstances of a case that a point of law is just nonsense. Therefore, having a check where points of law can be brought forward is essential I tend to feel that the suggestion made and the amendment put forward by the noble and learned Lord, Lord Etherton, is probably the most pragmatic solution and I would support that. But one thing we cannot do is to leave out of the equation the ability to have a review where there has been a fundamental error of law. Experience has taught me that many people, when looking at the facts of a particular case, think that they are so against it that it is hopeless, but actually there is often something there, and we must preserve that. However, I commend, if I may, the solution of the noble and learned Lord, Lord Etherton.
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
Patrick Lawrence (Crossbench, Unknown): May I just ask a question about the middle way proposed by the noble and learned Lord, Lord Etherton? Would the bar he is proposing—which would, as it were, place a lid over the High Court so that matters could not travel from the High Court to the Court of Appeal or the Supreme Court—operate even in a case where the High Court judge who had heard the point that arose in relation to the other tribunal’s refusal to grant permission to appeal considered that it raised an issue of general importance which ought, in fact, to travel upwards for consideration by the Court of Appeal or the Supreme Court? Should there perhaps not be a proviso in the middle-way amendment that would permit the High Court judge, if he or she thought it appropriate, to grant permission so that the matter could go upwards?
Judicial Review and Courts Bill — House of Lords, 2022-02-21
Topic: Law and Crime
David Pannick (Crossbench, Unknown): That is a very important point. If the noble and learned Lord, Lord Etherton, brings back his amendment on Report, as I hope he will, he may wish to add in a provision along the lines of what we see in relation to criminal matters and under the Administration of Justice Act: that if the judge or the Supreme Court certified that it was a matter of public importance, either the judge or the Supreme Court could give permission for the matter to go straight to the Supreme Court. The judge at first instance may throw out the point, but may nevertheless recognise that it is a point of some significance that perhaps the Supreme Court may wish to consider.
Subsidy Control Bill — House of Lords, 2022-03-28
Topic: Government Operations
James Hope (Crossbench, Unknown): I am grateful to the Minister for fulfilling his commitment and producing the report for which I asked. It is disappointing, but I am reassured by the latter part of his statement—that engagement with the devolved Administrations will continue. I very much hope that that will produce a more fruitful result than has been achieved so far.
Elections Bill — House of Lords, 2022-03-28
Topic: Macroeconomics
Ruth Deech (Crossbench, Unknown): My Lords, may I point out one other anomaly? I imagine everyone in this House pays tax, and yet we do not have the vote. I think that is really rather unfair and hope to see that rectified.
Government Food Strategy — House of Lords, 2022-06-13
Topic: Agriculture
John Anderson (Crossbench, Unknown): My Lords, getting food to market is also a factor "Reducing barriers and bureaucracy following Brexit" is crucial and contained in the report. That will be most welcome to many. However, a food strategy must include a well thought-through freight and logistics programme. I understand that there is a White Paper to be distributed on Wednesday. We all look forward to that and we will be scrutinising it with great care in the months to come I am co-chair of the parliamentary group on the future of UK freight and logistics, which has the sole objective of receiving submissions from all regions of the United Kingdom, including Scotland, Wales, Northern Ireland and the individual regions of England. As an example, the east of England could, with good reason, be said to be the breadbasket of fruit and vegetables in this country, but it expresses concerns about logistics, with roads in particular requiring a well thought-through upgrade programme. What can the Minister offer so that freight can operate on a much-needed, efficient distribution network within our United Kingdom?
Elections Bill — House of Lords, 2022-03-23
Topic: Government Operations
Robert Kerslake (Crossbench, Unknown): It is a pleasure to follow the noble Lord, Lord Campbell-Savours, with his passion and analysis, which was evident even through the screen I speak to support Clause 11 not standing part of the Bill. In doing so, I declare my interests as a vice-president of the Local Government Association and an adviser to a number of metro mayors and mayors, as set out in my entry in the register of interests. In support of my view that the clause should not stand part, I shall speak about three issues. First, this proposed change cannot be regarded as a manifesto commitment; secondly, there is the lack of any meaningful consultation on the change; and thirdly, a proportional voting system is right for these particular posts, regardless of whether you support proportional representation in general or for local elections. I apologise in advance that this will be a longer Committee speech than is perhaps normal. However, the issues at stake here are so fundamental to the way we do business in a properly functioning democracy that they need to be set out at length.
Elections Bill — House of Lords, 2022-03-23
Topic: Government Operations
Robert Kerslake (Crossbench, Unknown): The noble Lord had better ask the Minister; I do not have those figures, but I am happy to dig them out. The point I make still applies. As in London, I am sure there is scope for better systems to improve the design of the papers and reduce rejected numbers. The last of the Government’s arguments is consistency. Those in favour of PR might argue that the way to achieve consistency would be to move all elections over to PR. You do not need to go that far; as I explained earlier, people are perfectly able to live with different electoral systems I think the real reason the Government have done this, as has already been alluded to, is the results of the elections themselves. Out of the 15 directly elected mayors, none represents the government party; out of the 10 metro mayors, including the Mayor of London, only two represent the government party. I can understand why the Government find that a disappointing result, but I do not think that is a good reason for taking forward a major constitutional change to an electoral system without meaningful consultation.
Elections Bill — House of Lords, 2022-03-23
Topic: Government Operations
Robert Kerslake (Crossbench, Unknown): Could the noble Lord perhaps address the point I made in my contribution? Whatever your views about disconnection during a general election between the vote and the person holding the seat, that does not apply to metro mayors in the way it works. Similarly, the noble Lord talks of countering the referendum, but we are here changing the voting system—we are not adding PR but reducing the current use of the system—without consultation at all.
Elections Bill — House of Lords, 2022-03-23
Topic: Government Operations
Robert Kerslake (Crossbench, Unknown): My Lords, with respect, the Minister partially reported what the Electoral Commission said. It pointed to the fact that the level of rejections in the 2016 election was 1.9%. It said the single biggest issue in the 2021 election was the design of the form. Those are critical factors in forming a judgment about the voting system.
Onshore Wind Bill [HL] — House of Lords, 2022-03-18
Topic: Energy
Helene Valerie Hayman (Crossbench, Unknown): My Lords, I declare my interest as co-chair of Peers for the Planet and thank colleagues both there and throughout the House who have supported the Bill, as well as many outside organisations This Third Reading comes at a time when the country is deep in an energy security crisis. We urgently need to shift away from reliance on fossil fuels and the volatility of the international gas markets. The Prime Minister wrote this week that "green energy of all kinds" will be at the heart of the imminent energy security strategy Onshore wind offers cheap, clean, domestically produced energy, but at the moment planning restrictions impose an effective moratorium on its development and the repowering of existing installations. My Bill would end that moratorium and put planning applications on the same basis as others. I hope the Minister will indicate in his response that the Government recognise the need to change current planning policies to enable onshore wind to play a full part in our energy mix and our response to the current crisis. I beg to move.
Onshore Wind Bill [HL] — House of Lords, 2022-03-18
Topic: Energy
Helene Valerie Hayman (Crossbench, Unknown): My Lords, I am grateful; I shall read the Minister’s comments very carefully. I think he said the Government were not convinced that this was the right way to bring forward more onshore wind. Of course, the moratorium was effectively imposed by a ministerial Statement. If the Government can find other ways, I will gladly cede my Bill in the cause. Beyond that, I was delighted to have a moment of unanimity with the noble Lord, Lord Lilley, almost to the end of what he said—but we must take what we can.
Down Syndrome Bill — House of Lords, 2022-03-18
Topic: Social Welfare
Simon McDonald (Crossbench, Unknown): My Lords, this has been a fascinating debate and I am grateful for the chance to contribute Most noble Lords who have spoken have supported the Bill. The noble Baroness, Lady Bennett of Manor Castle, and the noble Lord, Lord Farmer, wanted more. I understand that. I listened carefully to the noble Baroness, Lady Neville-Jones, but the fact that we cannot have everything should not mean that we have nothing at all; rather I am glad to add my voice to the chorus in favour of what the noble Lord, Lord Wigley, called "small steps", for three main reasons First, this Bill can be transformative. Investing in children with Down syndrome is demonstrably worth while. I know this from my wife’s experience. For most of the last 18 years, Olivia has supported a girl with Down syndrome. Lizzie is a wonderful person, now a multiple medal-winning international swimmer, on the threshold of adulthood, with the prospect of a high degree of independence Secondly, this Bill is urgent. When we were children, a baby born with Down syndrome had an average life expectancy of less than 20 years. Now, a baby born with Down syndrome has an average life expectancy of nearly 60 years. This is the first generation of children with Down syndrome expected to outlive their parents. This new fact needs a new policy response Thirdly, the Bill could enhance the UK’s international reputation. Last week, President Zelensky told Parliament that Britain was a great nation. These days, soft power is a large part of Britain’s impact in the world. The Bill would blaze a necessary trail, as the first of its kind anywhere in the world; it will be an example that other countries will want to follow. The Bill deserves a Second Reading and, when it becomes law, it deserves to be funded.
Animals (Penalty Notices) Bill — House of Lords, 2022-03-18
Topic: Agriculture
Rupert Carington (Crossbench, Unknown): My Lords, I declare my interests as a farmer, as set out in the register, and my membership of the National Farmers’ Union, which broadly welcomes and supports this Bill Like the noble Lord, I welcome this Bill, which fills an important gap in animal health and welfare legislation. My one concern—and this is the same issue raised by the noble Lord, Lord Randall—relates to the lack of a defined appeal procedure in the primary legislation. Happily, the Farming Minister in the other place has now provided some clarity and assurance that discussion with involved parties will be at the centre of any enforcement proceedings and will be covered in secondary legislation. This will enable farmers to give reasons for an appeal before facing the blunt instrument of a penalty notice charge, which is important in cases where there is a misunderstanding or misinterpretation on either side. Without this assurance, the farmer has a choice only of paying the penalty or facing prosecution. A simple, specified appeal process before a prosecution would save a lot of time, aggravation and money for all concerned. Could the Minister reconfirm that that assurance will be covered in secondary legislation I make one other observation in relation to animal cruelty and the application of penalties. Like other sheep farmers in the Chilterns, we have faced an increasing number of attacks—including the horrific gouging out of newborn lambs’ eyes, and their consequent deaths—by ravens and red kites, both of which, despite their growing numbers, are protected birds and for which farmers cannot obtain a licence to kill. Only this morning—I do not exaggerate—I witnessed such an attack on a lamb by a raven. Surely, licences to shoot these birds should now be considered It seems a terrible irony that a farmer can be prosecuted but not those kites and corvids. Perhaps, however, the Minister could consider penalty action against those who introduce or release previously extinct and dangerous species, whether bird or mammal, into our countryside without also introducing the means to control them. Perhaps this could be covered in the animal sentience legislation, like the suffering of crustaceans. Surely, lambs have feelings too?
Ukraine — House of Lords, 2022-03-02
Topic: International Affairs
David Hugh Alexander Hannay (Crossbench, Unknown): My Lords, I personally very much welcome the work the Government have done in putting together a really strong sanctions package and persuading other countries to come in the direction we wish to go. But I asked two questions in the debate on Friday that were not replied to. I would be grateful if either I could be given a reply now or the noble Lord could provide it in writing. My first question was: what are we doing to muster a broad international scheme to ensure that exports to—not from—Russia, particularly of dual-use items, are prevented? During the Cold War there was a scheme called CoCom, which the vast majority of the West subscribed to. Are the Government considering resuscitating that? Secondly, what are the Government doing about countering the tidal waves of disinformation that are coming out? That means not just telling RT that it cannot broadcast but being able to get facts across to the Russian people ourselves while undermining the regime’s extremely misleading presentations and narrative.
Ukraine — House of Lords, 2022-03-02
Topic: International Affairs
David Alton (Crossbench, Unknown): My Lords, will the Minister draw to the attention of his noble friends in the Foreign Office the report this morning from the World Food Programme suggesting that 29% of all the grain and wheat sold to countries in the Maghreb and Middle East—the poorest of the poor—comes from either Russia or Ukraine, and that this is likely to be severely disrupted? There is also its figure that 400,000 people have already left and that it is now making preparations for some 3 million refugees in neighbouring countries. What more can we do to support the World Food Programme and the International Committee of the Red Cross?
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Transportation
John Kerr (Crossbench, Unknown): Is the Minister sure that it is undesirable to include Amendments 62 and 63? Her arguments were all about whether it was necessary or not. The French say that if something goes without saying, it is always better said. It seems to me that Amendments 62 and 63, in the Minister’s view, are unnecessary. She is probably right, because I cannot see the Border Force or the Royal Navy behaving in a rash way. But would it not be better—would it not be desirable—to have it on the statute book that we will respect maritime law and will not risk lives at sea?
Northern Ireland Protocol: First Treasury Counsel — House of Lords, 2022-06-09
Topic: International Affairs
David Hugh Alexander Hannay (Crossbench, Unknown): My Lords, the Minister has stated the convention about not providing the advice the Government receives on legal matters. That is interesting, but it happens to be exactly contrary to what was said. Perhaps if he looks at Hansard he will see that, when this matter was debated shortly before the Recess, the Government spokesman said quite categorically that the Government would be bringing forward a separate document setting out the basis for the legal case. He has just contradicted that I have a second question. Could the Minister, perhaps just now, cite word by word any part of the Northern Ireland protocol that authorises either party to it, the European Union or the United Kingdom, to unilaterally depart from its terms. Could he please cite that?