argyrotsipi/train-dataset huggingface dataset:
Domestic Abuse Bill — House of Lords, 2021-01-27
Topic: Law and Crime
Jeffrey Rooker (Labour, Centre-left): My Lords, I am grateful for the way in which my noble friend Lady Armstrong introduced the amendment. I am going to raise only two issues, both of which have already been touched on, so I am not going to go into detail I want to raise the issue of who pays, for this simple reason. The amendment puts a duty on the specified authorities and uses the word "must". The first thing those authorities are going to say to the domestic abuse commissioner is, "You’re ordering me to do this, so you’ve got to pay for it", in which case it goes back to the Home Office, because it is still the Home Secretary who controls the budget A very fair point that has been raised already is that such training ought to be part and parcel of the duties of the authorities concerned anyway, even without this. However, the fact is that imposing a new duty—and, by the way, I agree with the new clause—means that there is still the nitty-gritty about the transfer of funds. Maybe that could be put in the amendment on Report The other issue, which has also been raised by the noble Baroness, Lady Jones, is the police. Say it is 2 am and they are called to a squabble—there is banging, shouting and clattering, and the police turn up. They need to be trained to spot the issues. It can be confusing in the dead of night, maybe with upset children around, to find out what the cause is. They also need to have excellent contacts with trained social workers so that they do not fob them off. So there are some issues here I am not certain whether there would be an issue around whether the police force concerned is in a rural or urban area; it is true that the issues vary. But the fact is that, many times, although not the majority, the police will be the first port of call—the first on the case, as it were—and it could be in the middle of the night. They need that vital training, and so do the people they are going to communicate with The noble Baroness, Lady Jones, went into that in greater detail, so I am not going to go further into it. But the finance issue has to be addressed.
Domestic Abuse Bill — House of Lords, 2021-01-27
Topic: Law and Crime
Roy Kennedy (Labour, Centre-left): My Lords, Amendment 53, proposed by my noble friend Lady Armstrong of Hill Top, seeks to add a new clause to the Bill. Every noble Lord who has spoken in this debate has fully supported my noble friend’s amendment. The new clause would place a duty on all public authorities to provide training for their staff so that, when they engage with members of the public, they can spot the signs of abuse and can then ask the proper questions and offer appropriate help. As my noble friend Lord Hunt of Kings Heath said, this is probably the most important amendment we have discussed today and one of the most important we have debated during consideration on this important and very good Bill People engage with public authorities through a range of services, such as local councils, the DWP and GPs. In some parts of the public sector, particularly the health service, people do ask such questions when they have somebody in front of them. As some noble Lords have said, although there may be training, it is very patchy and inconsistent. We are failing many victims. We want to be sure that we will have dealt with this problem by the time the Bill becomes law. When someone engages with the state, there must be people who can see the signs, understand the signals, ask the right questions and take appropriate action. Everyone must play their part in protecting the victims The noble Baroness, Lady Jones of Moulsecoomb, made reference to the police. There are some very good examples of excellent work that the police have done. I remember my visit to the domestic abuse unit at Greenwich, where really good work was taking place, in collaboration with the local authority, Greenwich Council. There was one case where officers had attended an incident and were suspicious about what was going on. They kept going back because they knew. Finally, they engaged with the person, got what they needed, got the person out and protected her. That understanding of the problem and engagement does not happen everywhere. We want every police force, across the whole of the United Kingdom, to follow that good example. As my noble friend Lord Rooker said, the officers who get called to a disturbance in the early hours of the morning are often the first people knocking on the door, so it is important that the police service in particular can deal with this My noble friend Lady Crawley made the point that having trained inquirers who know what to ask and what to do is so important in making sure that we make the difference. I also took on board the comments of the noble Baroness, Lady Verma, about the importance of training to recognise the special needs of the BAME community when dealing with issues of domestic abuse So I fully support the amendment and am hopeful of a positive response from the noble Baroness. I look forward to getting a resolution of this issue.
UK Shellfish Exports — House of Lords, 2021-02-09
Topic: Agriculture
Margaret Beryl Jones (Labour, Centre-left): My Lords, in the Commons yesterday George Eustice once again tried to portray the fishing settlement as a good deal, whereas the truth is that it is unravelling as we speak. It is no wonder UK fishers feel angry and betrayed. You would have thought that the negotiations of the trade and co-operation agreement would have tied down the future access of live bivalve molluscs to the EU at the time of the agreement, rather than as an afterthought when damage to the sector has already been done. As a result, hundreds of tonnes of stock have had to be dumped and the multi-million-pound industry has ground to a halt These are more than teething problems. The future of the sector is at stake. The Minister has described the negotiations as technical discussions, but what is to stop the EU reopening other aspects of the fishing deal in return for a settlement on live molluscs? In the meantime, can the Minister clarify exactly what compensation will be made available to those whose livelihoods are affected by the loss of that EU market? Will they have access to the £23 million disruption fund made available for other fishers whose markets have been disrupted? Will the Government consider increasing this fund now that many more fishers appear to need compensation?
UK Shellfish Exports — House of Lords, 2021-02-09
Topic: Agriculture
James Philip Knight (Labour, Centre-left): My Lords, I have recently been in touch with my friend Ronnie Norquoy, who operates boats from Orkney. He tells me that this ban is only the latest in a series of crises: first, the restriction of the China market; secondly, Covid closing the hospitality sector market; thirdly, the wave of red tape and export chaos caused by Brexit; and, now, the Seafood Producers Resilience Fund, which barely covers two weeks of his operating costs. These are not teething troubles. When will the Government get serious about rescuing this vital sector that is fast going out of business?
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
John Morris (Labour, Centre-left): My Lords, I make a short intervention to support the amendment so ably moved by the noble Lord, Lord Marks; it is carefully put and more than adequate. I support it because it is important that a close look is had into the workings of these important sections. One year should be sufficient, with the emphasis on consultation, which is vital to get an independent reviewer to take the temperature of how the Act is working In my many visits to prisons in my professional career, I was deeply aware of how prisoners live cheek by jowl. Particularly in the absence of other subjects of conversation, I would have thought, as a lay man, that prisons were fertile ground for radicalisation. It goes without saying that expert advice is needed. We are considering longer sentences, reform and rehabilitation, radicalisation and segregation—all vital subjects—and we should look at how the Act is working. With those few words, it is a pleasure to commend the amendment.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): This amendment proposes that the Secretary of State, within six months of the Bill being passed, should set up a pilot to see how the polygraph condition works in relation to terrorist offenders. It is a probing amendment. It may well be that a different or longer period would be required for the pilot, but the purpose of a pilot is to test a number of aspects of polygraph testing. We have gone through this on the previous group, and I do not want to spend too much time on it because we have already discussed it a lot, but I have three particular concerns that would be tested by a pilot First, how does polygraph testing operate in practice? I would be grateful if the Minister, who was very helpful on the previous amendment, would give us some indications about how it works in practice. By that, I mean the following. If one asks a question of an offender in a polygraph test, "Did you, in breach of your conditions, visit a certain place?", and he gives an answer to which there is—to use the language of the Minister and the briefing—a significant response, does that mean that further investigations take place? If there is no significant response, would that mean, for example, that there would not be any further investigation? Does that give rise to risks that too much reliance will be placed on the answers in polygraphs to, for example, not undertake further investigations My second area of concern is the one raised by the noble Baroness, Lady Hamwee, on Amendment 19. It would appear from the very helpful answer given by the Minister on the previous group that answers given would be admissible in proceedings against another offender, albeit that their admission would be subject to the discretion of the trial judge for the other offence. In certain circumstances I can see very clearly that they might be of real evidential value—for example, because they constituted an admission or because they constituted evidence of a conspiracy, depending on the content of what is being said. Can I take it that the Government are saying that they might in certain circumstances be admissible and that they are content for that to be the position? It is important that the Committee knows what the position is Thirdly, am I right in saying that decisions about recall are made not by a court but by a probation officer, and are there any reasons why he or she should not rely on a significant response—to use lay man’s language, a failure—of a polygraph test? I beg to move.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
John Morris (Labour, Centre-left): My Lords, I support this amendment in the name of my noble and learned friend Lord Falconer, who has asked some very important questions. I say immediately that I valued very much the teach-in that I attended on Microsoft Teams on the working of the polygraph, and I thank the Minister for arranging it We are in a new field in this context, and an issue of this kind, when it is embedded on the face of the Bill, demands very close attention. I raised the issue briefly in my speech at Second Reading, and I support the noble and learned Lord, Lord Woolf, when he states that we are on a learning curve. Having assisted my Minister, Barbara Castle, many years ago, in piloting through the House of Commons the breathalyser legislation to tackle drink driving, which was a very controversial issue at the time, I would be the last to oppose innovation per se, and I do not oppose this proposal. All I am anxious to know, in the fullness of time, is how it is working I learned at the teach-in that the polygraph is a useful tool in the management of offenders. It only gives an indication of past conduct, but it could be used to pick up warning signs on what might be done in the future, and is a significant tool for the management of offenders. The important point above all else was that an offender could not be recalled for failing a polygraph test. I believe that the Minister confirmed this in his reply to an earlier amendment. It is not a magic bullet and it is not 100% accurate. The examples given of its use, in the course of the teach-in, involved such questions as, "Have you had contact with other terrorist offenders?" or "Have you used the internet for any purposes contrary to your licence conditions?". The polygraph cannot predict future conduct, only past conduct At the teach-in, the noble Lord, Lord Carlile, asked whether the polygraph was used in other jurisdictions such as Canada, Israel and the USA. The reply was that it tended to be used for vetting purposes. It was not clear to me whether it could be used for other purposes. If I am wrong in my understanding of the observations that we have heard on this very helpful tool from a panel of experts, the Minister will correct me. However, the limited use of the polygraph is made clear in subsections (1) and (2) of the proposed new clause. It is important to put on the face of a Bill, as my noble and learned friend Lord Falconer of Thoroton has put in the amendment, the need for a pilot to be in use within six months, with a report to Parliament, in the terms of the amendment, within 12 months, I will not take up the House’s valuable time in repeating the details that are set out in the amendment itself. All I will say is that, given the kind of problem that we face in the management of offenders, we should not shut our eyes to the possibilities of the actions now proposed. How important it will turn out to be will be a question of degree. Therefore, I support this amendment.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): I am grateful to everybody who has participated in the debate, particularly the noble Baroness, Lady Hamwee, the noble Lords, Lord Thomas and Lord Paddick, and the noble and learned Lords, Lord Woolf and Lord Morris of Aberavon—all of whom, with the possible exception of the noble Lord, Lord Paddick, supported the idea of some sort of pilot. I am also very grateful to the noble Lord, Lord Wolfson of Tredegar, for his response I take from this debate that there are very considerable issues and uncertainty around the use of polygraphs because they are quite new in this country. Like everybody else, I am concerned that, if they are a genuinely useful tool, they should be available to the authorities I am struck by what the noble Lord, Lord Wolfson, said about not having enough terrorist offenders on which to base a pilot, and I take note of that. I understood him to say that the Government will themselves carry out a review within two years. In light of what he said, I am minded to think that the right thing to do is to come back on Report with an amendment suggesting a pilot which can embrace all the terrorist offenders, because there will not be that many. That will not restrict the Government from using them now, but it will require them within two years—not the 12 months I have referred to—to come back with the information referred to in proposed new subsection (3) of the amendment. That would be good from the point of view of informing the public about polygraphs and, more importantly, informing the Government on how they do it, because they have to make a report on it I am very grateful to the noble Lord, Lord Wolfson, for his response, and I beg leave to withdraw my amendment.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): I am delighted to follow the noble Lord, Lord Paddick, as ever. I am sorry that he did not have the energy to get to my amendment, but I completely understand why that would be. The difference between my amendment and that of the noble Lord, Lord Anderson, is that mine seeks to unpack what the standard of proof would be; it requires an objective standard of "probable grounds": in effect, balance of probabilities, but more spelled out. The difference between the amendments is that, in effect, the noble Lord’s amendment would give a year when the lower standard—namely, reasonable suspicion—could apply and thereafter insist on the balance of probabilities. The real difference is that first year of grace which the noble Lord, Lord Anderson, would give to the Government or the Secretary of State to have a lower standard of proof Our position on this side of the House is that the TPIM powers have utility to the Government for fighting terrorism. The noble Lord, Lord Paddick, indicated clearly the intrusive effect of TPIMs on those subject to them; for example, having to move to a different location, not being entitled to go to particular places, or not being able to associate or communicate with particular people. These are powers of utility for the Government. They are, however, intrusive and infringe against what would otherwise be people’s rights. Before those rights are taken away, it is for this House to decide what the right balance should be between those individuals’ rights and the protection of the public. All those who have looked at it in any detail, in particular the noble Lord, Lord Anderson, and his successor as the terrorism reviewer, take the view that the higher standard of proof from that which the Government currently propose—namely, the balance of probabilities—has not caused them any difficulty in imposing TPIMs where they want to. As the noble Lord, Lord Anderson, put it, there is no need to lower the standard to keep the public safe In addition to the point that no change is required, a significant change is being made to the ability to roll over TPIMs indefinitely, so the consequence of the proposed amendments to the existing law being suggested by the Government in this Bill is to lower the standard of proof for no purpose and to do so on the basis of indefinite restrictions on individuals’ liberty The right reverend Prelate the Bishop of Manchester was, in my view, correct to say that the right approach is to ensure that the Government have the right powers but also to ensure that people are confident that they are being properly imposed. If people do not have that confidence, it will cause difficulties down the line.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
Frederick Ponsonby (Labour, Centre-left): I am relatively new to these debates, but I remember making the point at Second Reading about the importance of rehearsing these arguments each time we make these types of orders. These orders are some of the most intrusive that we have in our country. Young people listening to these debates need to be convinced regularly of how important these orders are and that they are proportionate and protect our liberties In her introduction, the noble Baroness, Lady Hamwee, drew a parallel with the group; there are obvious parallels between the legal tests in the previous group and the length of the TPIMs that we have been discussing in this group. Interestingly, in responding to the previous group, the noble Lord, Lord Parkinson, talked about a reduction in the measures within TPIMs as they progress in time. I hope that the noble Lord will be able to expand on that when he winds up the debate As I am now used to, the noble Lord, Lord Anderson, has given a balanced view. He has put forward another compromise, although I sense that the Liberal Democrats and perhaps my own party, the Labour Party, are less convinced by this type of compromise, but nevertheless he has set one out in his amendments. I thought that he put an interesting challenge to the Minister, who is a former special adviser in the Home Office. I do not think that it was a rhetorical challenge, but I would be interested to know the noble Lord’s response. Would he have felt comfortable about recommending a discharge to an indefinite TPIM when he was in that role? It would be a difficult thing for a Minister or a special adviser to do. If the orders had a natural time limit, that would not put people in such a difficult and invidious position The other point made by the noble Lord, Lord Anderson, was that excessive zeal can be counterproductive. The noble and learned Lord, Lord Thomas, also made the point when he drew an interesting parallel with the IPP regime and the importance of not taking away hope from people who are subject to orders, whether they be for imprisonment or a form of effectively indefinite house arrest. The noble Lord, Lord Paddick, summed up these arrangements very well. He quoted the noble Lord, Lord Lester of Herne Hill, who I remember well in the House, when he drew parallels with internment. In fact, I may have been here when he made that speech. The noble Lord, Lord Paddick, also quoted Jonathan Hall extensively when he said that there should at the very least be an upper limit to the time that a TPIM can be in place without a further court order For all these reasons, the amendments as put forward by the other speakers in this group are worthy of our support.
Counter-Terrorism and Sentencing Bill — House of Lords, 2021-02-09
Topic: Law and Crime
William Bach (Labour, Centre-left): My Lords, I declare my interest as the elected and serving police and crime commissioner for Leicester, Leicestershire and Rutland. I have been in that post for nearly five years now but in three months’ time, if the 6 May elections take place as the Government propose, I will no longer have this interest to declare. I look forward to once again playing a greater role in your Lordships’ House However, when, as in this Bill, issues of delicate constitutional importance arise—issues that affect the relationship between the state, in the guise of the Home Secretary and the police, and the individual, in the guise here of the reasonably suspected person—surely it is important to examine with great care, as this House always does and clearly has done today, the implications for the rule of law and individual liberty. That is why I put my name to my noble friend Lord Hunt of Kings Heath’s Amendment 31, which, strangely, is in this group Amendment 31 suggests a practical and sensible way forward—one that balances the interests of all involved, I would argue. It suggests a role for police and crime commissioners that seems entirely appropriate and consistent with the Police Reform and Social Responsibility Act 2011. When the coalition Government proposed the setting up of what I will call PCCs, they deliberately gave them considerable responsibilities and powers. Not only were they described as the "local policing body"; the Policing Protocol Order 2011 insisted that police and crime commissioners had a role in the "totality of policing". Sometimes, it seems as though the then Government’s intentions, as contained in the Act passed by Parliament, have not always been fulfilled by succeeding Governments, who, although keen to support the legislation, seem to draw back from some of its consequences. I very much hope that the way in which the Minister deals with this amendment will show that I am wrong Of course, we all agree that strong powers are needed to protect society from those who would use, aid or support terrorism to get their own way. In this Bill, there is an obvious intention to strengthen the power of the state against the individual, pointed out repeatedly by noble Lords from all sides. This involves the removal of basic safeguards, as we have heard today: first, the need for there merely to be reasonable suspicion, rather than proof of a balance of probabilities, and, secondly, the open-ended nature of a TPIM. The dangers of that last approach were referred to by the noble and learned Lord, Lord Thomas, in the context of recent public prevention legislation. Immense executive power attaches to the Home Secretary and the police, who are tasked with TPIM powers.