argyrotsipi/train-dataset huggingface dataset:
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Mixed Topics
Lucy Neville-Rolfe (Conservative, Centre-right): My Lords, there are three strong arguments that support my noble friend the Minister’s position and the Government’s decision to seek to reverse the Lords amendment The first is the cost, which, as we heard on Report, might be more than £100 million. I know that £100 million seems like tuppence ha’penny after discussions about Covid but it is a very large sum. The movers have brought the cost down by proposing a charge, which the Minister says will be £75 on that basis. We must accept the Government’s figure; I know that the noble Lord, Lord Oates, argued that the cost is less but I am sad to say that, in my experience, government estimates are usually under-estimates rather than the reverse The second argument—this is the one that I feel most strongly about—is that there is always a risk of error and enhanced fraud with two versions of the truth, with one online version and one paper version. I do not think that that issue has been addressed properly in our debates The third argument, which this House may not like, is that digital is the way of the future; in my experience, everyone emphasises that unless they are pleading for a special case. In the words of my noble friend the Minister, digital by default is what we need because it gives access from anywhere from lots of different digital devices. It is precedented: as we have heard, digital ID has been used in Australia. Moreover, none of us worry about US ESTAs, which have the merit of providing one version of the truth. My noble friend also committed the Government to giving extra support to those who need help coping with the system; I am sure that DWP will also help I am afraid that I must disagree with the other noble Lords who have spoken. We should look forward, not back, and reject this proposal.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Mixed Topics
Anne McIntosh (Conservative, Centre-right): My Lords, I am tempted to support this amendment, moved by the noble Lord, Lord Oates, as we both approach the anniversary of our entry into this House, five years ago. I urge my noble friend the Minister to keep an open mind on this amendment and to agree to it As I reminded my noble friend, in 2014-15, the Government—at that time, it was the Defra department —tried to introduce a digital-only farm payments scheme. It was scrapped because it simply could not be delivered and the department reverted to paper-only applications. I remind the House that many of the applicants will live in rural areas—they will not all live in inner-city areas and major towns—where broadband is woeful. Many existing not-spots do not have the capability to carry this scheme. The Government acknowledged this recently and are backing down from their commitment to universal coverage by 2025, so they recognise the limitations of their digital by default-only policy I remind the House that on 16 October, the National Audit Office reported that broadband users in rural areas are being left behind in major network upgrades. The Home Office should recognise that there is not universal coverage of the broadband and internet technology that will be required to deliver the digital service by default. While I have the greatest regard for both my noble friends Lady Neville-Rolfe and the Minister, we have to accept that some 5% of people are living in the hardest-to-reach areas. In my view, this digital-by-default policy is being driven by an unelected adviser whose respect for the rules and the law is less than exemplary, and I think that he should join the real world with regard to some of the policies being brought forward The other difficulty I have with this policy is a very real one. I remind the House that my mother became a naturalised Brit, having come over to Britain from Denmark via Germany in 1948. What grieves me most about the policy that we will end up with without the amendment in the name of the noble Lord, Lord Oates, is that most of the applicants do not have English as their first language; it is not their mother tongue. In the words of my noble friend Lord Cormack, why are we seeking to discriminate against people in this way? I therefore urge my noble friend to show the big heart and affection that she has for these people and make sure either that we adopt the amendment in the name of the noble Lord, Lord Oates, in lieu of his earlier amendment for the reasons he has given, or that the Government should come forward with an amendment of their own. Digital by default in these circumstances is not going to work.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Other
Ian Duncan (Conservative, Centre-right): I know that almost everyone in the Chamber has spoken to the Motion, but I have to ask whether anyone else wishes to contribute at this point. Silence being the case, I shall move on to the next speaker, the noble Baroness, Lady Meacher.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Immigration
Susan Williams (Conservative, Centre-right): My Lords, I thank all noble Lords who have spoken on this amendment—in particular, the noble Lord, Lord Oates, who moved it One of the first areas of disagreement that he raised was on costs. We have used published costs for enrolling biometrics and issuing a BRP, which are £19.20 and £56 respectively. They cover only the casework in the applications and not the significant set-up costs. There are costs of issuing and replacement, and one-off costs of upgrading pre-settled status cards. There is a cost of communication of the change and, of course, of facial technology. The noble Lord, Lord Oates, suggested that the system should be trialled. The fact is that people are using it now. It is not going live on 1 January; people are already using it to prove status. That is proof of the success of the "trial", as he puts it. Surely the fact that 4 million applications have already been made suggests that the system is working. This takes me to the point made by the noble Baroness, Lady Ludford, regarding the difficulties of the system. I have seen how the application process works. It is very easy; I have suggested previously in this place that noble Lords take time to look at just how easy it is to set up The noble Lord, Lord Oates, also stated his dismay that the PSED has not been published. I do not have any update on my previous statement that we intend to publish it On discrimination, the BNO route will be launched in January. Applicants will receive digital status using the technology based on the EU settlement scheme. People receiving that status will be required to use it from January, so the system relates not just to people from EU member states but to our BNO friends who we expect to come here from then. The system is therefore not discriminatory in the sense that our BNO friends will use it from January as well My noble friend Lady Neville-Rolfe is absolutely right: although it might not be the way forward for older people, digital by default is the way forward. It is completely retrograde to talk about physical documents when in fact, to date, the system appears to be working well. The noble Baroness, Lady Ludford, talked about physical documents being less open to abuse. They are more open to abuse and far easier to forge than a digital status that an employer or landlord can access Finally, regarding a power outage at the PNC, I should tell my noble friend Lord Polack that our back-up systems are very robust, as I have previously explained I do not think that I will convince some noble Lords—indeed, I think that the noble Lord, Lord Oates, intends to divide the House—but it is a retrograde step to talk about returning to physical documents. I remember my noble friend, joined by the noble Lord, Lord Clement-Jones, talking about the importance of physical identity, which we fully intend to take forward. I hope that the noble Lord, Lord Oates, will withdraw his amendment but I do not think that he will.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Immigration
Susan Williams (Conservative, Centre-right): My Lords, this Government are committed to tackling the heinous crime of modern slavery, which has no place in our society. We are now identifying more victims of modern slavery and doing more to bring perpetrators to justice than ever before, and we are committed to supporting victims and helping them to rebuild their lives Lords Amendment 9, tabled by my noble friend Lord McColl, would require arrangements to be made in the Immigration Rules for the grant of leave to remain for confirmed victims of modern slavery who are EEA citizens in specified circumstances. I am therefore pleased to see that he has tabled Amendment 9B in lieu, which reiterates the Government’s commitment to him in this area The original Amendment 9 is unnecessary and should not be insisted upon for the following reasons. Currently, confirmed victims of modern slavery who are foreign nationals from non-EEA countries and who do not already have immigration status are automatically considered for discretionary leave to remain. By "automatic", I mean that they do not need to apply for it. Our national referral mechanism arranges for that consideration after a decision has been reached that there are conclusive grounds to believe they are a victim of modern slavery. EEA citizens are currently not automatically considered in this way. However, in line with assurances given in the other place, following the end of free movement, EEA confirmed victims who do not already have permission to stay in the UK, for example through our EU settlement scheme, will be treated in the same way as other foreign national victims and therefore receive automatic consideration for a grant of discretionary leave. The published policy will be amended to make this clear The published policy already provides for a grant of leave in cases where the victim is supporting the police in an investigation; is to be a witness in court; is pursuing compensation for the exploitation that they have suffered; requires medical treatment that needs to be provided in the UK; or because there is a risk they may be retrafficked if they are required to return to their country of origin. This is substantially the same as the qualifying criteria set out in the original amendment I hope that, in the light of the assurances I have given, the House will agree that Amendment 9 and Amendment 9B in lieu should not be insisted on. There are further issues to take forward about how we can best identify and support victims of modern slavery and I have undertaken to discuss these matters in further detail with the noble Lord, Lord McColl. However, it is important that, for immigration purposes, EEA victims are treated in the same way as other victims from abroad once free movement ends. I beg to move Motion J1 (as an amendment to Motion J)
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Immigration
Ian McColl (Conservative, Centre-right): My Lords, I should make it clear from the outset that I will not be pressing the amendment in lieu to a vote. I am very grateful to the clerks who have advised me through the intricacies of ping-pong procedure, enabling me to speak today to thank those noble Lords who supported my amendment on 6 October, and to put on the record my response to events in another place on Monday and various undertakings that have been given by the Government I have decided not to move a Motion today to insist that what was Clause 12 be reinstated into the Bill for two reasons. In the first instance, I am very grateful for the Minister’s assurance that the Government will amend the guidance on discretionary leave to remain for victims of modern slavery to make it clear that, from 1 January, all confirmed victims who are EEA nationals should be automatically considered for DLR. This is very welcome. While it will not address the fact that many non-EEA confirmed victims of modern slavery will be able to access additional recovery routes, including asylum and humanitarian protection, it means that, as far as DLR is concerned, EEA and non-EEA confirmed victims of modern slavery will be treated in the same way. I thank the Government for this clear commitment My amendment in lieu effectively demonstrates what the Government have committed to doing in relation to automatic consideration and, for this reason, I will not be pressing it to a Division. I very much hope that, under this new arrangement, the Government will publish statistics on the immigration outcomes for all confirmed victims of modern slavery following their automatic assessment for DLR. I also welcome the assurance of the Minister in the other place that being a confirmed victim of modern slavery will be considered an acceptable reason for late application for settled status; that again is very positive The second reason I have decided not to move an amendment to reinstate Clause 12 is that the Government have agreed to a series of meetings with the right honourable Member for Chingford and Woodford Green, Sir Iain Duncan Smith, and me on our Modern Slavery (Victim Support) Bill to work through the issues with the objective of trying to identify common ground around victim support. I particularly welcome this.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Other
Patricia Morris (Conservative, Centre-right): My Lords, I have received no notice of unlisted speakers. Does anyone in the Chamber wish to speak? No. In that case, I now call the noble Baroness, Lady Hamwee, and hope that she has been unmuted.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Other
Ian McColl (Conservative, Centre-right): I thank everyone for their support, and I particularly thank the Minister, who is a real star and who has been so helpful in this whole business. Without further ado, I beg leave to withdraw my amendment.
United Kingdom Internal Market Bill — House of Lords, 2020-11-02
Topic: Other
Alastair Cooke (Conservative, Centre-right): My Lords, hybrid proceedings will now resume. Some Members are here in the Chamber respecting social distancing, others are participating remotely, but all Members will be treated equally. If the capacity of the Chamber is exceeded, I will immediately adjourn the House. I will call Members to speak in the order listed in the annexe to today’s list. Members are not permitted to intervene spontaneously. The Chair calls each speaker. Interventions during speeches or "before the noble Lord sits down" are not permitted During the debate on each group I invite Members, including Members in the Chamber, to email the clerk if they wish to speak after the Minister. I will call Members to speak in order of request and will call the Minister to reply each time. The groupings are binding and it will not be possible to degroup an amendment for separate debate. A Member intending to press an amendment already debated to a Division should have given notice in the debate. Leave should be given to withdraw amendments. When putting the question, I will collect voices in the Chamber only. If a Member taking part remotely intends to trigger a Division, they should make this clear when speaking on the group. We will now begin Clause 25: Other exceptions from section 22 Amendment 107
United Kingdom Internal Market Bill — House of Lords, 2020-11-02
Topic: Domestic Commerce
Martin Callanan (Conservative, Centre-right): My Lords, Amendments 107 and 108 in my name aim to clarify the scope and application of the professional qualification clauses of the Bill. Amendment 107 adds patent attorneys and trademark attorneys to the list of legal professions excluded from the application of the automatic recognition principle in Clause 22. As well as work related to trademarks and patents, trademark and patent attorneys may carry out broader regulated legal activities which require an understanding of the underpinning legal system in the part of the UK in which they practise. Accordingly, we are bringing them into line with the other legal professions to ensure that they are not caught by the automatic recognition provisions of the Bill. These exclusions ensure that access to these professions is not affected in any way by the recognition provisions of the Bill. Part 3 will not affect how these professions are regulated, nor will it change what activities trademark and patent attorneys are able to perform Amendment 107A has been tabled by the noble Baroness, Lady Bowles, in response to this government amendment and seeks to probe the effects of the amendment in respect of authorised reserved legal activities under the Legal Services Act 2007. In respect of this amendment, I reassure the noble Baroness, Lady Bowles, that nothing in the recognition provisions of the Bill, or in the government amendment, changes how reserved legal activities are authorised under the Legal Services Act 2007, and her amendment is therefore unnecessary. Amendment 108 is a technical amendment to provide clarity on the type of qualifications and experience requirements to which Clause 22 applies. It ensures that where qualification requirements are attached to specific activities, those requirements are disapplied by automatic recognition only if they apply to activities that are essential to the practice of the profession in question—in other words, if they amount to a barrier to access to the profession as a whole. This will ensure that Clause 22 does not apply to qualifications or experience requirements for activities which are not essential to the practice of the profession, such as optional service activities which professionals may choose to offer I recommend that government Amendments 107 and 108 be accepted, as they provide clarity on the scope and application of automatic recognition principles. I regret, however, that I am unable to support Amendment 107A, for the reasons I gave earlier. I hope that the noble Baroness will feel able not to press her amendment. I beg to move.
United Kingdom Internal Market Bill — House of Lords, 2020-11-02
Topic: Domestic Commerce
Lucy Neville-Rolfe (Conservative, Centre-right): My Lords, I support the noble Baroness, Lady Bowles, in probing the effect of these two government amendments. As a well-known supporter of a well-functioning IP profession, right across the United Kingdom, I have to say that I am still confused. It seems to me that, in the UK single market, the rights of these various attorneys should be fully reciprocal. Can my noble friend confirm that that is the intention? Will he further kindly reflect on whether it is the effect and, if they are not reciprocal, whether that is justified? Indeed, is there any read-across to the problems that we have encountered on the lack of reciprocal rights for EU and UK attorneys? We have discussed this elsewhere. I know that the department has had a rethink, but are we quite there?
United Kingdom Internal Market Bill — House of Lords, 2020-11-02
Topic: Domestic Commerce
Michael Morris (Conservative, Centre-right): My Lords, it is a little disappointing that, in a Bill that is vital for the future of our country, there seems to have been some misunderstanding; somehow or other the key role of patent and trademark attorneys has been misunderstood. They are vital to the future of our country because, as it happens, we are quite good at producing ingenious new products, processes and systems of manufacture that are patentable. Equally, we are good at marketing products that require trademarks. Here is an area where we really are at the forefront of Europe’s activity—and, many would say, the world’s—so this is crucial, and we need to be clear that it is going to operate properly without any hiccups In my judgment, we need to defend some of our trademarks in particular. When we are marketing on our own outside the EU, I believe that we will get challenges. I have worked overseas and seen it happen there, and I do not see why it might well not happen here in the UK. As we move forward on that challenges dimension, I recall that, as I think one or two of my colleagues know, I worked in south Asia for two years. When I was in India, there was a system of mutual recognition for trademarks in certain categories of products. I wonder whether that is an element of the new deal we have done with Japan On my final point, I declare an interest in that I have a son, a lawyer, working in the Cayman Islands—in other words, the Overseas Territories. Given the confusion that we have had today, I am not entirely clear whether in the Overseas Territories a qualified patent lawyer or trademark attorney, who is a UK citizen qualified in the law and in whatever elements are needed for such attorneys, is able to operate although they are not actually in a part of the UK.
United Kingdom Internal Market Bill — House of Lords, 2020-11-02
Topic: Domestic Commerce
Martin Callanan (Conservative, Centre-right): I thank all noble Lords who have spoken in this short debate on this important subject. I shall start by replying directly to the noble and learned Lord, Lord Falconer, and the noble Lord, Lord Clement-Jones, who spoke about Part 3 and why we felt the need to bring these proposals forward. The Bill is intended to ensure that divergence in professional regulation between the four nations of the UK does not increase barriers for professionals living and working in different parts of the UK. As our economy continues to develop and new sectors emerge, it is possible that new regulated professions will be created and there may be changes to existing qualification requirements that could make it more difficult to access the profession in another part of the UK. These new professions may well be crucial to the UK’s economic future. As in other areas, we do not want barriers to trade across the UK in these sectors. Internal market provisions will apply where part of the UK regulates a new profession, access to which is limited to those holding certain professional qualifications or experience. The provisions will also apply to existing professions where there are changes to the requirements for the qualifications or experience needed in order to access the profession concerned. Currently, while the recognition of professional qualifications between the four nations can and does occur, there is no overarching framework that ensures that it does. The Bill creates such an overarching framework to guarantee that recognition of qualifications between the four nations will be possible and barriers will be minimised I am happy to give the noble Lord, Lord Smith, and my noble friend Lady Neville-Rolfe the specific assurance they asked for: nothing in the recognition provisions of the Bill, including the exclusion, affects the current situation. IPReg will continue to be able to decide whether and how trademark and patent attorneys should be allowed to carry out the regulated legal activities that it is designated to regulate in all the different parts of the UK The government amendment aims to bring patent and trademark attorneys in line with other legal professions and to place them outside the scope of the recognition provisions of Clause 22 of the Bill. Legal professionals have been excluded from the scope of the provisions on the recognition of professional qualifications in acknowledgment of the different legal systems that exist in the UK. This will ensure that the regulation of and access to these professions, including trademark and patent attorneys, are not affected in any way by the mutual recognition provisions of the Bill and will be completely unaffected. That is why we need Amendments 107 and 108.