argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: International Affairs
Karan Bilimoria (Crossbench, Unknown): I am coming to the noble Lord, Lord Forsyth—will he please have some patience? Specifically, Section 2(2) of that Act deals with the type of EU legislation and rulings that need to be transposed into UK law. Typically, these involve EU directives where the intended outcome of the law is made clear, but it is up to the individual member states how to implement them. After Brexit, if Brexit happens, the Government want to use a Henry VIII clause in reverse—to adapt EU laws to make them British. For example, disputes that are currently referred to EU regulators or courts will be amended to refer to their British equivalents. The logic of the noble Lord, Lord Forsyth, is that, if you are going to have a swathe of amendments to undo primary legislation that has already been made using secondary legislation, you should make those replacements in the same way. It is not as simple as that; because of the "deficiencies arising from withdrawal", the references to the EU regulators, the European Court of Justice and other entities will no longer have any sway if there is Brexit. It is not as simple as saying, "Because they are simple things, we just can’t do this", and the Government saying, "We will just use these Henry VIII powers to tidy up things". The problem is that it might alter not just technical details but also the substantive effect of the law. These amendments are trying to protect really important issues. The Supreme Court has also said that it is well established that, unlike statutes, the lawfulness of statutory instruments can be challenged in court. Even if a statutory instrument gives Ministers broad powers, the courts have established that they will apply limitations. The broader the power, the more likely the courts are to intervene to ensure that the intention of the law in question is not being altered or undermined. Does the Minister accept that I conclude that the power to amend all EU-derived primary and secondary legislation by the Government without sufficient scrutiny, checks and control, bypassing Parliament, goes against the ultimate supremacy of Parliament itself.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: Government Operations
Igor Judge (Crossbench, Unknown): Well, noble Lords may not want to hear what I am going to say. I have had a sense developing over the last 40 minutes that we are well ahead of ourselves. We should be discussing these issues when we come to decide the very important question of whether retained EU law is to be treated as primary legislation, subordinate legislation or a bit of both. We will then have a debate on Clause 7, which entirely addresses this issue of subordinate legislation and Henry VIII powers, and we will come again to it when we debate Clause 9. I just make two points. First, no Parliament can bind its successor. We do not know what a future Parliament will think about all these various matters raised in proposed new subsection (6) in Amendment 21; they are very important issues, but we cannot bind anybody. Secondly, in relation to the exercise of any Henry VIII powers—and there will of course have to be careful thought given to it—I am fascinated by the proposal in proposed new subsection (2) in Amendment 21 that a schedule should list, "technical provisions in retained EU law that may be amended by subordinate legislation" When we come to look at Henry VIII powers, do we not have to take a rather more revolutionary look at them? Should we not be saying to ourselves that the Government of the day—whatever Government it may happen to be—should, at the very least, in the proposal for subordinate legislation, set out which terms of primary legislation are being repealed, amended or affected by the secondary legislation? That is some food for thought.
International Development Committee: Burma Visas — House of Lords, 2018-02-28
Topic: International Affairs
Michael Berkeley (Crossbench, Unknown): My Lords, the Minister mentioned the Foreign Secretary talking to Aung San Suu Kyi. Was there any response? Some of us in this country who saluted the way she championed human rights are confused by her—to put it kindly—seeming helplessness in this crisis.
International Development Committee: Burma Visas — House of Lords, 2018-02-28
Topic: International Affairs
John Montagu (Crossbench, Unknown): This is not the first time that MPs have been denied visas to other countries. On the other hand, doing so to a committee of the stature of the International Development Committee raises a serious issue. I am grateful to the Foreign Office for taking it so seriously and providing a full Statement. I watched Stephen Twigg put the Question this morning. He was full of indignation. One point I thought he was raising was whether we would be reviewing our aid programme with the Burmese Government. Would we truly contemplate that? I hope we would not.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: Social Welfare
Francis Hare (Crossbench, Unknown): My Lords, I declare my interest as a vice-chair of the Local Government Association. I support the amendment moved by the noble Lord, Lord Foulkes, because over the past two years I have been attending two inquiries led by the All-Party Parliamentary Group for Children: the first into children’s social care services and the second into different thresholds for access to those services It has become clear from the evidence I have heard that local authority funding has been cut by 30% to 40%. Local authorities are delivering their statutory services and safeguarding children as best they can, but all the peripheral services—the family support services and the charities—are really struggling to meet the need and therefore more and more children are being taken into care. As I said earlier, Lord Justice Munby, President of the Family Court, in his statement last year highlighted that more and more children were being taken into care and the courts were finding it difficult to process the numbers of children being taken into care What needs to happen is what has happened to adult social care: additional funding needs to be given to local authorities so that they can meet the needs of their children and family services and we can stop taking children away from families whom, if they had had additional support early on, they could have stayed with. It is relevant to this debate because we have heard in the inquiries that it is often the poorest local authorities, with the most deprived families, which have both the greatest demand on their services and the fewest resources to meet those needs. So in what the noble Lord, Lord Foulkes, proposes I see a way of reducing deprivation and improving the wealth of those communities so that there is more resource available to local authorities to meet local need, and reducing the need of families to turn to those kinds of services. I look forward to a response from the Minister to the principles that the noble Lord, Lord Wallace, has just set out.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: Social Welfare
Francis Hare (Crossbench, Unknown): I thank the Minister for saying what she has said. That is true about adult social care, but we need the same arrangement for children’s services. That is my concern; I do not think it has come in. If she could say during the passage of the Bill that that will indeed be made available for children’s services, that would go a long way towards assuaging my concerns in this area.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: International Affairs
David Pannick (Crossbench, Unknown): Amendment 26 is another amendment arising from the report of the Constitution Committee and stands in my name and those of three other members of that committee: our chairman, the noble Baroness, Lady Taylor, and the noble Lords, Lord Norton of Louth and Lord Beith This amendment focuses on Clause 4(2)(b), which excludes from Clause 4, and therefore excludes from the scope of retained EU law, as defined in Clause 6(7), rights and obligations which arise under an EU directive but which, "are not of a kind recognised by the European Court or any court or tribunal in the United Kingdom in a case decided before exit day (whether or not as an essential part of the decision in the case)" The problem with that was summarised in paragraph 38 of the Constitution Committee’s report. We said that this involves, "ambiguities in the interpretation and effect of clause 4", which, "will inevitably cause legal uncertainty about a fundamental provision of the Bill".
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: Law and Crime
Alexander Carlile (Crossbench, Unknown): My Lords, when I was a young barrister doing cases in strange places such as Caernarfon Crown Court, nobody at that time thought of bringing charges under the Justices of the Peace Act 1361, but some time in the 1970s somebody had that bright idea. The Justices of the Peace Act 1361 applies to certain public order issues. Suddenly, charges of affray started appearing before those courts, and nobody questioned the efficacy or applicability of the Justices of the Peace Act 1361 in that context. Noble Lords may well be thinking: it is bedtime and that is a good story, but what on earth has it got to do with this amendment? I venture that it has something to do with it I am not a member of the Constitution Committee but I admire everything it has done and I support what my noble friend Lord Pannick has just said. This is about the clarity of the law. Normally, if we in this Parliament enact a law and nobody questions its efficacy for years—such as, for example, the Justices of the Peace Act 1361—we tend to pat ourselves on the back and say, "For once we’ve got something right. It’s not troubling their Lordships and Ladyships in the Court of Appeal or the Supreme Court, so we can be well satisfied with our legislative process". What seems to be being said here, at least to the ordinary reader, I suspect, is that if a particular provision, though it exists, has not been tested and questioned before a court, in some circumstances it should not apply. But if it has given rise to difficulty and has had to be tested in court, that is a kind of imprimatur of quality. I just do not understand it. I hope that your Lordships, at least at 9.20 pm, tend not to understand it either. Whichever version of this particular law we have—which has, I say to the Minister, the commendable virtue of retaining existing rights and allowing us to presume that we can act on our retained rights—please may we have clarity on what is intended and, if necessary, an explanation of why the Government wish to disapply certain rights that exist?
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: Environment
Julia King (Crossbench, Unknown): My Lords, I support Amendment 28, tabled in the name of my noble friend Lord Krebs and the noble Baroness, Lady Jones of Whitchurch, and to which I have also added my name. My noble friend Lord Krebs has already described very eloquently the purpose of the amendment. During Committee in the other place, the then Minister of State for Courts and Justice described this clause in nice, simple, visual terms. I found them slightly easier than all the legal language that we have been dealing with. He called it a sort of broom: a sweeper provision that, "picks up the other obligations, rights and remedies that would currently have the force of UK law under section 2 of the European Communities Act".—[Official Report, Commons, 15/11/17; col. 498.] Such a broom seems a jolly useful idea, but as it stands it is missing a few bristles My noble friend Lord Krebs mentioned the air quality directive. I believe that Clause 4, as it stands, could fail to sweep into UK law the requirement on the Government to review and adjust the airborne particulate PM2.5 targets in line with scientific information from the World Health Organization. The current clause could also fail to sweep, as he mentioned, details such as the aims and purposes of directives. For example, the environmental liability directive includes the really important principle of "the polluter pays". I am not quite sure whether I am addressing the noble Baroness the Minister or the noble and learned Lord the Minister, but I would ask one of them to please let us have a broom with denser bristles.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: Law and Crime
Simon Denis Brown (Crossbench, Unknown): I rise to seek clarification on the precise objective of Clause 4(2)(b) in this whole pattern of legislation, and therefore on the effect of the attempt made by the noble Lord, Lord Pannick, to get shot of it. As I understand it, Clause 4(1) faithfully reproduces Section 2(1) of the 1972 Act. On the face of it, these directly effective provisions are to continue to apply. Of course, it is not always easy to decide what is a directly effective provision that comes within the ambit of Section 2(1) of the 1972 Act, which is here given effect to. As I see it, though I may be quite wrong—I should like the Minister to confirm or reject this—subsection (2)(b) is there basically to say: "Look, if it’s one of those doubtful provisions as to whether it is indeed a directly effective provision under the EU legislation, whether it is completely unclear—there isn’t a case on it—and nobody has specifically suggested that it is, it is not to be argued henceforth that it is". In other words, the certainty and clarity that this legislation overall is designed to achieve is supposed to be advanced by getting rid, in Clause 4(2)(b), of cases where the past jurisprudence simply leaves the thing high up in the air with no proper guidance.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: International Affairs
John Krebs (Crossbench, Unknown): The Minister has just said that it would be inappropriate to rectify omissions or incorrect translations. But if the overall aim of the Bill is to move what is currently governed by the EU into UK law and, as it happens, maybe by accident or some other reason, we have made a mistake in the past, surely it would be right within the overall aims of the Bill to rectify errors in the translation, rather than to say, "We made a mistake in the past so we will persist with the mistake". I just do not understand the logic of not wanting to rectify mistakes.
European Union (Withdrawal) Bill — House of Lords, 2018-02-28
Topic: International Affairs
David Pannick (Crossbench, Unknown): I am very grateful to the noble Baroness. The problem is, as I sought to explain, that under existing law we know which takes priority: it is EU law. The problem under the Bill is that the EU obligation, which is retained EU law, and the existing domestic implementation, which is also retained EU law, because Clause 2 says so, are in conflict, and the Bill does not provide any order of priority between them. I had assumed that the noble and learned Lord, Lord Keen, had gone off because he wants to sit in the Library and think about the answer to this problem. I very much hope that before Report he will come up with the answer and that this can be resolved. I beg leave to withdraw the amendment.
Financial Guidance and Claims Bill [HL] — House of Lords, 2018-05-01
Topic: Labor
Charles Hay (Crossbench, Unknown): My Lords, I will comment briefly on Amendments 2A and 10A. I very much congratulate the noble Lord, Lord Sharkey, on putting them down and on making such a clear presentation of them, and I will not add very much to what he had to say I was looking at something that I pointed out to the House at an earlier stage in respect of the size of the asset of private pensions in Britain, when I referred the House to the Office for National Statistics report, one chapter of which is on private pension wealth. The median for someone between the age of 55 and 64 who has a private pension is to have a pot of £145,000. To put that in perspective, the average value of a house in Britain in June last year was £220,000, and Savills said that it thought that 48% of the house was financed by debt. That means that for an average person in Britain, the pot of pension is huge, and of the same order, as the value of their home. This makes it an incredibly juicy target for the bad guys That is why it is very important—I strongly suggest it is why people voted for the amendments when they did—that a belt-and-braces approach must be taken to frustrate the wicked designs of the bad guys. I very much hope that the Minister will be able to say that the Government will support these two amendments.
European Union (Withdrawal) Bill — House of Lords, 2018-04-18
Topic: Foreign Trade
John Kerr (Crossbench, Unknown): At paragraph 4 of their guidelines, they say that it is the UK’s positions, "which limit the depth of such a future partnership", and that: "Being outside the Customs Union and the Single Market will inevitably lead to frictions" But they also say at paragraph 6 of their guidelines that if the UK’s positions on the customs union and the single market, "were to evolve, the Union will be prepared to reconsider its offer": in other words, to improve its offer. We do not know how far-reaching such improvements would be but, if we go on refusing to allow our negotiators to explore the idea of a customs union, we will never find out, and that in my view will be irresponsible—hence the wording of the amendment. I do not recall at the time of the referendum any debate about a customs union.
European Union (Withdrawal) Bill — House of Lords, 2018-04-18
Topic: International Affairs
John Kerr (Crossbench, Unknown): Perhaps I may continue. I recall no debate at all at the time of the referendum on a customs union. The country voted narrowly to leave the European Union, but no one can argue that it voted knowingly to leave the customs union with the European Union The red line was laid down in October 2016 in the "citizens of nowhere" speech. One hears that there had not been much discussion in the Government; there certainly had been no discussion with Parliament. One wonders to what extent the economic consequences of the decision on customs union had been fully assessed and analysed within the Government; I have no idea. Other red lines have since been sensibly blurred; in my view, it is time to blur this one The House knows that I was and remain a keen remainer. I believe that, when a deal is struck, the country should be given a chance to say whether it is what it wants. That would be fair, but it is nevertheless our duty to help improve the deal and see how it could be made better. If in the end we do leave, it should be in a way that limits the damage to the country’s well-being and to the future of our children. That is why I believe that it makes sense for the Government to be asked to explore customs union. I beg to move.
European Union (Withdrawal) Bill — House of Lords, 2018-04-18
Topic: International Affairs
Margaret of Mar (Crossbench, Unknown): My Lords, I hope that noble Lords will forgive my confusion about a technical matter. The amendment states: "Page 1, line 2, at end insert" However, line 2 on page 1 comes immediately after, "The European Communities Act 1972 is repealed on exit day" Can noble Lords make clear what exactly we are debating? The amendment states: "Subsection (2) applies if, and only if" The amendment does not seem to fit the Bill.
European Union (Withdrawal) Bill — House of Lords, 2018-04-18
Topic: Foreign Trade
David Hugh Alexander Hannay (Crossbench, Unknown): I just want to ask the noble Lord where he gets his idea that being in a customs union with the European Union will mean imposing tariffs on Africa when the European Union has zero tariffs on all African countries.
European Union (Withdrawal) Bill — House of Lords, 2018-04-18
Topic: International Affairs
Edmund Crisp (Crossbench, Unknown): My Lords, I added my name to the amendment because it is very much in the interests of both donor countries and the countries that receive that aid. I agree with the points made by the noble Lord, Lord Bruce, as well as those made earlier by my noble friend Lord Sandwich in moving the amendment —in particular, his last and hugely important point about co-ordination and continued partnership, building on what we have already got I will not labour those points at all. I want to make just one additional and very practical point. For years, recipient countries have received aid from different countries with different monitoring arrangements and different conditions—or, if you like, with different strings attached. This is costly; indeed, it is wasteful because it puts an unnecessary burden on those countries. The international community has tried over many years, with some success, to align or harmonise these arrangements so as to reduce this wasteful burden and, by doing so, make sure that it gets the best value possible from its donations Of course, there are also advantages in countries aligning their priorities to have as big an impact as possible, which is helped enormously by the global priorities set out in the sustainable development goals. However, having made those points about alignment, this amendment does not constrain the UK in its future decision-making in any way. It merely seeks to ensure that, wherever possible—I stress that—there is alignment between its donations and those of our neighbours and that they can be made as efficiently as possible. The UK can, of course, choose to diverge from its neighbours, but this amendment would merely require it to do so in full knowledge of what it is doing.
European Union (Withdrawal) Bill — House of Lords, 2018-04-18
Topic: International Affairs
John Montagu (Crossbench, Unknown): I thank the Minister very much for her response. I am obviously not going to put the amendment to a vote—it is a sort of respite period between the other votes—but I maintain that it is an important subject linked to many other existing big issues. Aid is a mightier weapon than most people realise. I would like to see it get a higher status. I was a bit disappointed that no Bishops joined in the debate, but there we are Global priorities were rightly mentioned by the noble Lord, Lord Crisp, and some by the Minister. I am glad that she went forward to talk about what might happen in the European Union, because changes are afoot. We have to work alongside those when we reach the point of association. I know that the Government recognise that there are shared values. We are all still Europeans and we share similar commitments and objectives. With that, I beg leave to withdraw the amendment.