argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Immigration
George Foulkes (Labour, Centre-left): As I understand it, they can get a Spanish passport if they so wish, although I do not think that many of them do. Will they continue to be citizens of the United Kingdom and will they be eligible also to get EU citizenship?
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Mixed Topics
Roger John Liddle (Labour, Centre-left): If, as I am sure we both do not want, the withdrawal agreement is not reached, what then happens to EU citizens’ rights? Do we not have the opportunity now to guarantee them, whatever the case?
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Mixed Topics
George Foulkes (Labour, Centre-left): My Lords, one of my comrades, if I may use that word in this place, commented that I was unduly brief in my introduction—or perhaps it was unusually brief; it was one or the other. That was because I stuck precisely to the terms of my amendment. The debate, however, has gone much wider than that. We have heard some powerful, passionate pleas on behalf of the rights of European Union citizens. We have heard them from colleagues on all sides of the House, and it is important to note that it is not just the opposition parties arguing this: support has come from the Cross Benches and from the Conservative Benches One of the ironies is that if European Union citizens has been given the right to vote in the referendum—they are taxpayers: "no taxation without representation"—as they were in the Scottish referendum, we would not now be going through this tortuous procedure. We would be getting on with running the country, looking after education, health, justice and all the things we should be doing as the sovereign Parliament My noble friend Lady Prosser put it very well: the reputation of the United Kingdom is at stake in all the matters that we are looking at today. The arguments put forward by my colleagues on behalf of all the amendments in the group were very powerful.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Other
George Foulkes (Labour, Centre-left): Indeed, and as I understand it, if I read the Evening Standard right, they are going to send a very strong message as far as London is concerned about what they think of this Government I conclude by saying that I wish I was learned as well as noble, like the noble and learned Lord, Lord Keen, because I would then be able to understand some of the detail rather more precisely.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Other
Andrew Adonis (Labour, Centre-left): Before my noble friend concludes, does he share my concern about what the Minister said about the difference between "consensus" and "agreement"? Does he agree that that is quite a significant statement on the part of the Government in the course of this debate? The only point in making the distinction, as I understand it, is that the Government do not regard themselves as fully committed to the terms of the "agreement" of last December.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Civil Rights
George Foulkes (Labour, Centre-left): It is a very interesting point, and the noble Lord, Lord Patten, highlighted it in his intervention. I wish that while he was speaking I had been able to translate "consensus" and "agreement" into Spanish, French, German, Italian, Portuguese, Welsh and so on to see whether there is a coincidence between one and the other. No doubt that is something that we can return to The Minister finished by saying that there is a time and a place, and that this is not the right time and not the right place for these amendments. There will be many more times and this will be the right place, and I look forward to speaking to the rights of European—
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Mixed Topics
George Foulkes (Labour, Centre-left): I am obliged to the noble Lord, Lord Kerr of Kinlochard, for pointing out that although the Minister has all the legality behind him, perhaps his argument is lacking in humanity. It is humanity that the European Union citizens deserve, not the legality that we have heard I was about to conclude by saying that this may not be the right time but it is certainly the right place. I look forward to returning to this, and I know that many noble Lords who have spoken do also, to argue and to fight for the rights of not just UK citizens on the continent, who matter as well, but the European Union citizens who have given so much to this country over the years and continue to do so.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Civil Rights
George Foulkes (Labour, Centre-left): My Lords, there is little to add to the excellent introduction made to these amendments by the noble Lord, Lord Pannick, except to say that decisions of the other courts which currently have persuasive authority include those of the Judicial Committee of the Privy Council, decisions of higher-level foreign courts, especially in the Commonwealth and other similar jurisdictions, and one that I have a particular interest in, being a member of the Parliamentary Assembly of the Council of Europe; namely, decisions of the European Court of Human Rights, which under the Human Rights Act 1998 must be taken into account by UK courts. It is right that the European Court of Justice should have a similar role and persuasive powers.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Other
Barbara Young (Labour, Centre-left): My Lords, I support Amendment 58. This comes down very simply to the fact that, as a result of the discussion we have heard today, the recitals and preambles either are brought across automatically—in which case, some of the statements made in the debate in the other place on this issue, which were quite lengthy and considerable, need to be re-examined, because my impression of those was that there was no guarantee of preambles and recitals being brought across—or they are not clearly brought across, in which case we need something in the Bill that does so. So I would be very grateful if the Minister would clarify, first of all, whether he believes the Government are convinced that they are already clearly brought across.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Civil Rights
Michael Cashman (Labour, Centre-left): My Lords, I rise briefly to speak in favour of these amendments. I preface my remarks by saying that I agree absolutely with my noble friend Lady Lister of Burtersett. Human rights, fundamental freedoms and civil liberties define a country and its approach to civilisation. I remember 30 years ago looking on in horror as discrimination was visited on lesbians, gay men and bisexuals in this country by the then Conservative Government in Section 28 of the Local Government Act. That should remind us that there is never a continuous progressive line on equalities and human rights, and that we need to reinforce the protections that we have It is essential to guard against the excessive transfer of power from Parliament to the Executive and to ensure that any changes to fundamental rights and freedoms are subject to full parliamentary scrutiny. I believe that is a matter of constitutional principle, as I have said on many occasions in your Lordships’ House and it bears repetition New scrutiny procedures introduced in the other place do not address this concern. They provide a mechanism, in the form of a sifting committee, to recommend—I emphasise "to recommend"—that the affirmative scrutiny procedure be used. I look forward to the Minister’s confirmation that such a recommendation does not have to be accepted by the Minister. Furthermore, stronger safeguards are required in the Bill to exclude changes to equality and human rights from the scope of these delegated powers I turn to Amendment 70A, having dealt with the principles of Amendments 161, 259 and the others in this group. I congratulate the noble and learned Lord, Lord Wallace of Tankerness, on the way he introduced it, and the noble Lord, Lord Low, and my noble friend Lady Lister. Amendment 70A would introduce a new clause to ensure that the rights to equality presently enjoyed in accordance with EU law are enshrined in domestic law after the UK leaves the EU. Therefore, there is arguably no reason why the amendment should not be accepted. Indeed, for the Government to deliver on their commitment to non-regression on these rights, the UK needs to replace the EU’s equality safety net, referred to by the noble and learned Lord, with our own domestic right to equality. Amendment 70A would achieve this by setting a standard that all individuals are equal before the law and have a right not to be discriminated against by a public authority. For these reasons and many others, particularly the lessons of history, I support the amendment and others in the group.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Civil Rights
Janet Alison Whitaker (Labour, Centre-left): My Lords, I add my support to this group of amendments for all the reasons so eloquently set out by noble Lords. It would indeed be a retrograde step if the Government did not take advantage of these amendments to provide safeguards for our citizens.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Civil Rights
Frank Ashcroft Judd (Labour, Centre-left): My Lords, I hope we are not going to end up with a minimalist position whereby if there is anything in which we are found to be lagging behind Europe, it has to be incorporated in the arrangements being made for the future. I agree totally with those who said that the kind of Britain I want to leave to my children and grandchildren is one that is a beacon for the principles of human rights and equality, in which we are seen to be leaders in the world. From that standpoint, I hope we will take this opportunity to make sure that we are making the necessary arrangements to ensure this.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Civil Rights
Dianne Hayter (Labour, Centre-left): My Lords, we have heard repeatedly and correctly in the Chamber, given the Government’s assurance that all the rights enjoyed by British citizens on 29 March next year will still be in place on 1 April, that our task is to make sure that is the case. Clearly that is what these amendments are framed to do: ensure that the rights to equality we presently enjoy in accordance with EU law are enshrined in domestic law after exit day. That is needed because we have that safety net at the moment, which means that those rights cannot be removed, but, as I think the noble and learned Lord, Lord Wallace, said, we will need our own homegrown safety net to ensure the rights are protected. As we have heard, Amendment 70A sets the standards that all individuals are equal before the law and all individuals have a right not to be discriminated against by a public authority, which I am sure we all accept. As my noble friend Lord Cashman reminded us, we cannot take those for granted. He dealt with Amendments 161 and 259, so I will not repeat that. I repeat the words of my noble friend Lady Whitaker: we must make sure that there can be no retrograde move away from where we are now I feel fairly sure that the Minister concurs absolutely with what we are trying to achieve. I hope he can either accept this method or undertake to provide a similar one so that it can be written into the Bill and does what he and others want: to preserve all the rights we have, so that, on April Fools’ Day next year, we are not April fools.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Civil Rights
Janet Alison Whitaker (Labour, Centre-left): My Lords, the noble Lord, Lord Lang, pointed out that we are a bit thin on the ground for such an important set of amendments, but the Minister should know that there is behind us an army. I have had more representations on Clause 7 than on any other part of the Bill—representations from national organisations, human rights organisations, advocacy organisations, legal organisations, professional organisations, and from individuals. There is very widespread civic concern over these clauses, and the Government should heed it and accept these amendments, which have such widespread support also in your Lordships’ House.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Civil Rights
Peter Goldsmith (Labour, Centre-left): I am grateful to the noble Viscount. I would go further. First, I would say that the amendment needs to change the test so that it is "necessary", not "considers necessary", not "considered on reasonable grounds". Secondly, the way the Human Rights Act certification works is that it is not enough for the Minister to have "reasonable grounds" that it may be compatible. What is required—at least when I was in government, and as a result of the diktat that was given to the Civil Service—is that the Minister must have legal advice that, more likely than not, the court would agree. I am glad to see the Minister nodding because that means that the same principle is being applied under this Administration as under the Administration in which I was privileged to serve Therefore, I take the noble Viscount’s point, but it is important that it is not just a consideration but an actuality based not on reasonable grounds but on fact. Obviously there is some judgment to be made about "fact" but it needs to be clear and there might, in addition, be a role for something like Amendment 244A This is the second time today that this Committee has considered the use of the word "appropriate". Those who were not able to be present may wish to read the report of the earlier debate when we considered the use of the word "appropriate" in rather different circumstances—whether judges could and should rely on European case law in reaching decisions and whether it was enough that they should find it relevant or appropriate. One noble Lord who is not in his place suggested that the judges could use the law if they found it "helpful". My worry is that that is exactly what the Government think "appropriate" means here. If this power means that Ministers can make regulations and changes because they think it helpful to do so, that is not what this House should allow them to do.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Civil Rights
Dianne Hayter (Labour, Centre-left): My Lords, I will speak also to Amendment 82, which itself is amended—or, in truth, corrected—by Amendment 82A. Amendment 80 is pretty simple and is very much in line with the amendments we have debated today, which aim to restrict the very wide powers that Ministers—be they Minister number 1 or number 109 —have dreamed up for themselves in this Bill. The amendment would remove from Ministers the discretion to extend the definition of what constitutes a deficiency in retained law. That is important, given that Ministers have taken considerable powers to correct what they consider to be deficiencies. So it would be a two-way gain for Ministers: first, they could extend what they define as a deficiency and then they could use their powers to correct it The main thrust of Amendment 82 is to prevent secondary legislation under Clause 7 from being able to change the Equality Act 2010 or subordinate legislation made under that Act, or, indeed, later legislation, as in Amendment 82A. Again, it is about not reducing the rights and remedies that are available under EU retained law. While we were drafting Amendment 82 we also put in wording to restrict the ability under Clause 7 to impose taxes, fees, charges and to create quangos or introduce new criminal offences under secondary legislation. However, as I have alerted the Minister, we will not deal with that at this point because three separate groups are coming up and we will discuss the issue of criminal offences and fees later. The important thing for now is not allowing Ministers to extend the definition of deficiency or to use the regulations under Clause 7 to change the Equality Act and the subordinate legislation that flows from it. I beg to move.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Civil Rights
Janet Alison Whitaker (Labour, Centre-left): My Lords, I support my noble friend’s Amendment 82. Yet again it is the issue of using secondary legislation under Clause 7 to make changes, in this case to the Equality Act 2010 or to subordinate legislation made under that Act, or to reduce rights or remedies under EU retained law, "in comparison with the position immediately before exit day" Your Lordships’ Committee made its views on the abuse of Clause 7 abundantly clear during the earlier debate. Surely the same reasoning applies.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Civil Rights
Dianne Hayter (Labour, Centre-left): I am speaking to only a part of Amendment 82 and to Amendment 82A —in other words, to the bits about not using Clause 7 to remove any rights and standards or to repeal or revoke the Equality Acts 2006 and 2010 or any subordinate legislation made under them. There is obviously much more in Amendment 82. There is stuff about criminal sanctions, raising taxes and setting up public bodies. I was making the point that I am not talking about those now because we have separate groups on those topics. The bit of Amendment 82 and Amendment 82A are about not using this power to make any changes under the Equality Acts.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Civil Rights
Dianne Hayter (Labour, Centre-left): I thank the noble Baroness for that. Obviously, we will come on to a grouping of amendments specifically about public bodies—perhaps even tonight. I will deal firstly with the amendment to take out Clause 7(3) on page 5. I was a little worried when the Minister said that it allowed some flexibility—which I take to mean wriggle room, or wanting to do something that is not quite allowed for. The noble Baroness, Lady Ludford, described the problem of subsection (3) better than I could. Our concern is partly that we are again back to the implications of where the Minister considers something—which is a very wide way of saying that where a Minister considers, without any test, they can then define something as "similar" to another deficiency. We may have to return to this, because I do not think that it is robust enough Her particular example did not help her case, given that Clause 7(2)(d)(i) involves the EU, an EU entity, a member state, or a public authority and a member state. EFTA and NATO must be the only other two bodies: could we just not write those in? To put in a whole clause just to allow for EFTA does not seem to me, with all that discretion, very appropriate. So I think we may want to return to that Amendment 82, as amended by Amendment 82A, is very much about not using regulations to amend, repeal or revoke either the Equality Act 2006 or the Equality Act 2010—or, indeed, to reduce any right conferred on a person by retained EU law, if it were to be made less favourable. The Minister may have said that that was not the intention but, without the words in our amendment, clearly that would be possible. For the moment, I hope that we can revert to the specifics, such as public bodies, taxes and criminal offences and put that to one side. However, we may need to return later to subsection (3). I beg leave to withdraw the amendment.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Mixed Topics
Andrew Adonis (Labour, Centre-left): My Lords, the difficulty with having been in this House for a number of years is that all these debates come round and round. I wish that the noble Lord, Lord Newby, was right in saying that this is the first time we have been faced with sweeping powers for Governments to reform public bodies by secondary legislation. He may remember that one of the first acts of the coalition Government in 2010 was to introduce the Public Bodies Bill. I vividly remember the debates on that Bill because it gave sweeping powers to the Government to abolish public bodies by statutory instrument. Because it is the job of the Opposition to oppose draconian attempts by Governments to seize Henry VIII powers, those of us on this side of the House made exactly the same speech as the noble Lord, who was then sitting on the Bench opposite, has made, saying why that should not happen There was then one of those classic showdowns between the House of Lords and the House of Commons. From memory, it centred on whether the Youth Justice Board, which at that time was threatened with abolition, should be capable of being abolished and whether it should be done by primary or secondary legislation. We all thought that was a very bad idea because it was doing such a brilliant job of dealing with the problem of young offender institutions. I believe we saved the Youth Justice Board, and all the brilliant developments in penal policy that we have seen in this country in the last eight years, which have been such a phenomenal success, are no doubt due to its survival at the insistence of the House of Lords in 2010 The proposal put forward by the noble Lord is all immensely worthy and I obviously support everything he has said. The power grab by the Government which the noble Lord, Lord Callanan, who I see is now back in his place, is trying to undertake is utterly reprehensible. I thought I heard the noble Baroness say earlier that the Government are prepared to move on this. I hope that the noble Lord and the noble Baroness have been speaking so that we can bank this great act of liberalism on the part of the noble Lord. It will be the first one that we have heard since he assumed his current place but we would welcome it greatly I simply note that in the great scheme of the United Kingdom leaving the European Union, this is a small issue. It is a classic House of Lords issue where we will probably achieve a great victory. It will make no difference whatever in the great scheme of things but I suppose that is why we are here.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Civil Rights
Janet Alison Whitaker (Labour, Centre-left): My Lords, it must be inherently undemocratic for bodies that have significant obligations, for instance under the Equality Act or the Human Rights Act, not to be set up with the full parliamentary scrutiny of primary legislation, so I support these amendments.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Civil Rights
Michael Cashman (Labour, Centre-left): Because in rights newly achieved we can never have too much challenge or support for a principle that came out of the treaty of Amsterdam of 1997, which for the first time gave a legal basis to the Community to take action based on non-discrimination on the grounds of race, ethnicity, religion, belief, age, disability and sexual orientation. Arguably, the very rights to which the noble Baroness referred came out of the treaty of Amsterdam of 1997 I finish on this—on other generations of the past and their sacrifices by defending the charter, along with the Human Rights Act and the European Convention on Human Rights, both of which, as I have said, have been singled out rather worryingly in the 2017 Conservative Party manifesto. Let us retain the charter and reassure those generations that, when it comes to the defence of human rights and equalities, our arsenal is not depleted but well stocked and ready.