argyrotsipi/train-dataset huggingface dataset:
Policing and Crime Bill — House of Lords, 2016-11-16
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I am very grateful to the Minister and to all noble Lords who have participated in this debate. I am particularly grateful to the noble Lord, Lord Campbell-Savours, for supporting this amendment I have to make it clear to the noble Earl, Lord Attlee, that this amendment is not an attack on the Metropolitan Police. It operates in what some might find a very strange way but there are reasons the commissioner is distanced from the operational decisions made by his officers, although I will not go into them now. The police have always had the problem that when things go wrong they are held back from apologising by their own lawyers, for reasons which will be apparent to the lawyers in the Chamber. On what the noble Lord, Lord Pannick, said, I agree with my noble friends that these are drafting issues. I said that the reason for this amendment was to allow a debate. The wording is actually a copy and paste of the protections provided to the victims of sexual offences; no doubt many of the noble Lord’s criticisms could therefore be directed at the current legislation. I will not go over what he said as criticisms have been made by other noble Lords and I do not want to carry on in that vein I am grateful to the noble Viscount, Lord Hailsham, for saying that, in principle, he felt this was correct. It is interesting that he said that the unauthorised disclosure of information by police officers should be addressed, particularly in light of the fact that the Government want to put a stop to part two of the Leveson inquiry, which is supposed to look at the relationship between the police and the press. The Government seem determined not to allow it to go ahead so maybe we should sidestep it and include this issue in the amendment, which we will no doubt return to on Report In response to the noble Lord, Lord Faulks, I gave an exact example of an exceptional circumstance where such an exemption might take place and I do not want to detain the Committee by repeating it. However, perhaps "in the interests of justice" might be a better phrase to use than "in the public interest".
Policing and Crime Bill — House of Lords, 2016-11-16
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): My Lords, I rise to move this amendment tabled in the names of my noble friends Lord Paddick, Lady Ludford and myself. The appeal in the Ched Evans case has raised fears that complainants will be deterred from reporting rape because they might be cross-examined about their sexual history under Section 41 of the Youth Justice and Criminal Evidence Act 1999. Those fears are real and if they are justified that would suggest that a change to Section 41 is necessary. I say at the outset that this is surprising because ever since Section 41 was passed, it has been assumed that it is very restrictive and that evidence of a complainant’s previous sexual history may be adduced or cross-examination allowed only in very unusual circumstances In 2001 in R v A (No 2), reported in 2002 on page 45 of 1 Appeal Cases, the noble and learned Lord, Lord Steyn, said, "my view is that the 1999 Act deals sensibly and fairly with questioning and evidence about the complainant’s sexual experience with other men. Such matters are almost always irrelevant to the issue whether the complainant consented to sexual intercourse on the occasion alleged … or to her credibility" Section 41(3) of the 1999 Act provides that evidence or proposed cross-examination must relate to sexual behaviour that is so similar to the defendant’s account of the incident in issue that the similarity cannot be explained as a coincidence.
Policing and Crime Bill — House of Lords, 2016-11-16
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): My Lords, the noble Lord ought to be cross-examining himself because he has just secured a concession by excellent advocacy, which I failed to do—or I did, but not in such clear terms. In view of that, I will withdraw the amendment I disagree with the noble Viscount, Lord Hailsham, on only one point, which was his assertion that I disagreed with him because I said, when speaking to this amendment, that there may be those rare cases where a dispassionate observer might think the exclusion of a relevant account could lead to injustice and unfair convictions. The point here, and the point we seek to have reviewed, is whether, as a result of the Ched Evans case, there might be cases where the restrictive nature of Section 41 has been or may be watered down. We need to look at how it is operating. It is very important that rape gets reported and that the legislation in place is certainly as restrictive as we always thought Section 41 was and as the textbooks say it is. The public concern is that this case seems to have weakened that protection; I am sure the review will take that point on board. I beg leave to withdraw the amendment.
Policing and Crime Bill — House of Lords, 2016-11-16
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, no one would suggest that the issues to which the noble Lord has referred are not hugely important, but I shall make a point which may not be wholly popular. There is a limit to what legislation can do when—to me and I think to my noble friend Lord Paddick, with whom I have consulted very briefly—it is a matter of culture and practice I believe that police and crime commissioners have made a start on sharing information. I suspect there is a long way to go and that most of them would say that there is a long way to go, but to provide that everything that is good practice—I am probably arguing against an amendment that I have already proposed on a different issue, and more that I will propose—and that culture and practice can always be enshrined in legislation, which requires the issue to go up to the Home Office and then come down again, is something that I would not go so far as to say I am instinctively against, but I feel instinctively needs to be questioned.
Policing and Crime Bill — House of Lords, 2016-11-16
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, to add to what I said before, I think that there is a very important role for the Home Office, working in conjunction with the police and many others, on the consistency of the data, to which this amendment refers but perhaps a bit obliquely. It seems to be an issue that comes up time and time again. Yesterday a report was published by ECPAT and Missing People on young people going missing from care and one of the recommendations was about achieving consistency of data.
Policing and Crime Bill — House of Lords, 2016-11-16
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I can sum up my comments really as, "as above". The points I made on the previous amendments are relevant, although the report I have just mentioned called Heading Back to Harm is particularly relevant here. There are so many associated issues that I would prefer the focus to be on practice—I will add it to my point about data—including trust in authority. In some situations, lack of trust in authority is a big component in young people who have been rescued going missing again. I do not underestimate the importance of the issues at the heart of this. Can the Minister give the Committee any information about the success of child abduction warning notices, where they apply, now, before we seek an extension?
Policing and Crime Bill — House of Lords, 2016-11-16
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, we on these Benches support our noble friend Lady Brinton. I do not want to detain the Committee so will make just a couple of comments. When discussing matters such as trafficking and slavery, I often hear that these issues are where domestic violence was 20 years ago. It is very concerning to hear about the treatment of women—and men—who have suffered domestic violence in the way that my noble friend has described. That is not progress over the past 20 years There is another argument for my noble friend’s various amendments, which I do not think she mentioned; that is, obtaining the best evidence from victims who are also witnesses. These are very sensitive issues and one hears of very good practice by some police forces and some members of the judiciary. It is a question of spreading that good practice. There is an awful lot raised in these amendments, including the very delicate issue of ticketing for the judiciary dealing with certain cases. This is not the moment to go into that but the implications of the amendments need to be taken on board over a very wide area of practice. The Committee should be grateful to my noble friend and the noble Lord for ensuring that they are raised. It is a pity that, coming to the end of Committee, we are not able to do them the justice that we would all like to do them.
Policing and Crime Bill — House of Lords, 2016-11-16
Topic: Law and Crime
Sarah Virginia Brinton (Liberal Democrats, Centre to centre-left): I thank the Minister for her reply, and the noble Lord, Lord Rosser, and my noble friend Lady Hamwee for their contributions. I am pleased that the Government will be looking at this but the difficulty is that much of what we have heard from the Minister does not address the soft issues that face the day-to-day running of any case in the criminal justice system, which are causing many of the problems. I wonder if the Minister would be prepared to meet over the next few weeks to talk through some of these issues. I see she is nodding. I am very grateful. With that, I beg leave to withdraw the amendment.
Policing and Crime Bill — House of Lords, 2016-11-16
Topic: Law and Crime
Sarah Virginia Brinton (Liberal Democrats, Centre to centre-left): My Lords, one of the major concerns is that stalking is not used as a charge often enough. It is still too easy to charge with the offence of harassment, rather than stalking. We really need to make sure that the criminal justice system recognises and understands stalking—that was the law reform in 2012 that we worked hard to achieve. However, it is also important to recognise that some cases of stalking are consistently appalling and are also coercive behaviour The noble Lord, Lord Wigley, referred to the case of Emily Maitlis’s stalker who had previous convictions, including breaches of restraining orders in 2008, 2010, 2013, 2014 and earlier this year. I am sorry to say that that is not uncommon behaviour with stalkers and there needs to be the facility for the courts to apply for more serious custodial sentences where orders are consistently breached—not least the way that the stalking and coercive behaviour continues. One of the problems we have heard time and again from victims of domestic violence, stalking and coercive behaviour is the way other courts are used—the civil courts or family courts that do not recognise restraining orders that have been held elsewhere. We heard of information, which had not been passed to the family courts, of one former stalker who had been trying to get in front of his ex-partner through the family courts. It is very necessary to have this limited use but essential tool available for the judiciary.
Social Mobility — House of Lords, 2016-10-27
Topic: Education
Dominic Hubbard (Liberal Democrats, Centre to centre-left): My Lords, when I saw that this debate was down in the name of the noble Lord, Lord Holmes, I immediately thought, "Yes, I’m going to say something about that"—and then I thought, "I have a lot to say about that, on numerous subjects". It was restrained of the noble Lord in his 15-odd minutes to limit himself to a number of subjects, because everything affects social mobility. However, I will try to exercise a little restraint and will talk about only two areas. One is how we help those in the education system—I take on board the stricture of the noble Baroness, Lady Morris, on this. The first thing you should say is that your parents are your key educators, and doing anything that improves the status your parents give you is a difficult task. So we are setting ourselves a little mountain to climb at the beginning Also, your parents will usually tell you to be like them. I am afraid that when people tell you to be like them, it brings in a whole series of straitjackets. It is also worth reminding ourselves that occasionally people who are in one of the professions do not want their children to do anything else. So if you happen to be a potentially excellent cabinetmaker or artist, you may be restrained from doing that. But I agree that that is a smaller problem than many others. If there is this pressure on you to attain and jump over certain hurdles, usually educational ones which allow you to access the better opportunities and things, are we identifying properly all the things that might slow you down I hope that the Minister will not be terribly surprised—indeed, I hope that his office passed on my advance warning on this subject—that I think that when it comes to special educational needs or the "hidden disabilities", as I like to call them, which you have to look for and know what you are looking for, we are not at present equipping our teachers and educators throughout the education system to identify these people, who have different learning patterns. Let us face it: this subject has been given a little frisson by the idea that grammar schools will come back in and make everybody more socially mobile The Minister made it slightly more difficult for me to have a go at him after I asked him a question about the age of entrants and the flat rate by saying, "No, we’re not going to do that—we’re going to do it differently". If we are going to do this and think it is a good idea, and if we are going to have a different series of entrance requirements, how will we identify those people who need to be tested differently, to see that that they will benefit?
Social Mobility — House of Lords, 2016-10-27
Topic: Education
Dominic Hubbard (Liberal Democrats, Centre to centre-left): I do have a moment to reply—which is the advantage of not being tied to notes. Yes; there is a waste to society. To go back to my point, if the wrong people are getting there, if you are not getting others properly qualified and they are not going through, and you want to create a fast track—which preferably will get people to the right position in society, which will benefit society—you have to identify it. I hope that the Minister will be in a position to say whether we will make some movement on this. I know that there has been some contact between us, but it is probably a good idea to let the rest of the world know what we are thinking about here. If we do not, as has just been mentioned on what I will call my physical right, it is a great way of wasting resources and the benefit to our society Secondly, in the debate on the National Citizen Service Bill—which, oddly, I managed to listen to about half of on a monitor and in the Chamber—it struck me that in a small way this was quite a nice idea. But it then struck me that many of the social activities that people might be removing themselves from because their parents do not do them already do this. In many sports clubs—especially the bigger ones, which have a mix of people from different backgrounds who interact—and art, drama and music groups, you have a point of contact with people outside your immediate group on a subject that allows you to interact socially. If you can do that, you have the aspiration and the idea that it is worth while to undertake the extra effort in things such as education This is about bringing things together. The noble Lord, Lord Holmes, suggested that bringing bits of Whitehall together is a herculean task. The thing is that two Ministers come together and work until they are dripping with perspiration; they bring things together and then two Ministers come in who have new agendas, budgets and priorities. How do we integrate this across the board and not have people fighting with each other about their little patch of authority? It is a job that I am afraid we will always be going back to Can the Minister describe the practical educational terms used to identify those who will struggle—how much further progress have we made? When it comes to the use of outside bodies, what attempts are we making through things such as governing bodies of sports to say that part of their job, for which they get some support from government, is to make sure that people are aware—younger people and, as the noble Baroness, Lady Morris, said, people who are reskilling and retraining later on—that these things are out there and you can act on them. Nothing will work by itself; if you go into a silo, you will stay in a silo and that is where you will end up.
House of Lords Act 1999 (Amendment) Bill [HL] — House of Lords, 2016-12-09
Topic: Government Operations
Christopher Rennard (Liberal Democrats, Centre to centre-left): My Lords, I associate these Benches with the opening remarks of the noble Lords, Lord Cormack, Lord Hunt of Kings Heath and Lord Dykes, and many others who want to see progress on this Bill. We should not repeat all the arguments we had at Second Reading. Any noble Lord speaking today should endeavour to be brief—I will certainly be In addressing the remarks made so far, first, many of those noble Lords who speak about Lords reform accept the principle of the primacy of the House of Commons. The principle of this Bill was approved in 2010 in the then Labour Government’s Constitutional Reform and Governance Act. That received a majority in the Commons and those who are sincere in their belief in the primacy of the Commons should allow this Bill to go forward for Commons consideration. Secondly, there was the principle about what was said in 1999 and for how many decades or centuries that should be deemed to be binding. There was a principle, which we often refer to and agree with, that no Prime Minister and no Parliament can bind their successors. So I challenge those who are trying to prevent the Bill being properly considered to say whether or not they accept that principle. There is little point in the legislative process unless you accept that you can change a previous decision of a Prime Minister or a Parliament The noble Lord, Lord True, suggested that this is about trying to pack the House of Lords or change its composition. He is perhaps a little sore at the moment about the position of the Liberal Democrats after the by-election in the area for which he is the council leader. But it is not realistic to suggest that the Bill is about changing the composition of the House since the power of patronage remains with the Prime Minister to appoint more Peers. On Monday a very strong will was expressed across the House that we must do something to improve our credibility and reduce our numbers overall, but there is no point taking such action unless we prevent top-ups. The first way of preventing such top-ups is by supporting the Bill.
Investigatory Powers Bill — House of Lords, 2016-10-31
Topic: Technology
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, briefly, I support the noble Baroness. My understanding is that this amendment has been tabled because of a drafting issue in the amendment that was overwhelmingly passed by the House, on the basis of the principle of protecting those whose phones have been hacked into by newspapers which have not signed up to an independent complaints system. It is also because the original amendment applied only to private communication networks; Amendment 1 would change it to public communication networks. There is no question at all of a change in principle. I therefore do not understand why the Government would not agree to support this amendment, which is clearly simply to correct that drafting issue. On that basis, we will support the noble Baroness.
Investigatory Powers Bill — House of Lords, 2016-10-31
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I moved amendments at the last stage. Having listened today to the plaudits given to Members of your Lordships’ House and the other place for the constructive way the Bill has been taken forward from when it was first a glimmer in the Government’s eye, I want to add plaudits for the efforts made outside the Palace of Westminster. The noble Lord, Lord Pannick, referred to the Bar Council—even if not quite everything it wanted has been agreed to—and to the Law Society, whose work on behalf not of lawyers but their clients has been invaluable in this process. It has been heartening to take part in this process, given the outcome, and to see how seriously and carefully the Government and members of the Bill team, for whom I know this has proved something of an intellectual challenge, have dealt with it. We are grateful to the Government.
Wales Bill — House of Lords, 2016-10-31
Topic: Law and Crime
Donald Thomas (Liberal Democrats, Centre to centre-left): My Lords, those of your Lordships who were here at Second Reading will recall that I told the House that when I was in my 20s and full of ambition and great principle, I thought that it was necessary, when drafting a Bill for the parliament of Wales back in 1967, to have a separate Welsh jurisdiction to determine the laws that that parliament would pass. As I indicated at Second Reading, I have changed my view; I think it is a matter of complete practicality. I disagree with the noble Lord, Lord Wigley, who said that the joint jurisdiction has not served Wales well. There is no joint jurisdiction. There is a single jurisdiction and it has operated over four centuries to provide the same standard of justice in Wales as in England. When he was called on to give an example of where it goes wrong, he talked about courts, as though a Welsh parliament would create new Crown Courts west of Swansea or in mid-Wales and would have the funds, judicial power and practitioners to man such a system. It is purely a practical question. To demonstrate that, I quote from the noble Lord’s amendment. Under the heading "A6 Judiciary", the amendment states: "All of the judges, judicial office-holders", and others, "become judges … of both … courts"— that is, the existing judges would continue to operate in both England and Wales. The amendment then proposes: "All of the persons by whom the jurisdiction of the Crown Court constituted by section 4 of the Courts Act 1971 is exercisable become the persons by whom the functions of both of the courts to which that court corresponds" In other words, practitioners and judges in criminal courts could operate in both England and Wales. Where is the separate jurisdiction in that? Proposed new Section A6(3) states that all the existing judges and others should become judges in the courts of both England and Wales. The same situation is proposed for family courts and the legal profession. Therefore, the proposal put forward by the noble Lord, Lord Wigley, is that existing judges and practitioners should operate in the courts of both countries. How could that be possible if there were such a distinct and arcane system of Welsh law that only Welsh practitioners could understand it? Lawyers are accustomed to dealing with separate parts of the law, whether it is Welsh law, administrative law, the law relating to trusts or whatever. Practitioners and judges deal with differences between the laws passed by the parliament in Wales and those passed by the Parliament in England. There is no problem with judges doing precisely that. At the moment an Administrative Court sits in Wales and deals with legislation passed by the Welsh Assembly quite adequately—the Lord Chief Justice and an old friend of mine, Mr Justice Wyn Williams, sat in such a case last week—and no problem arises from that. However, the hare has been started, and for that reason I have advanced, as a matter of practicality, my Amendment 10.