argyrotsipi/train-dataset huggingface dataset:
Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Civil Rights
Thomas Ashton (Conservative, Centre-right): My Lords, today we are concerned with the protection of personal data once the UK has withdrawn from the EU, when EU law will cease to apply in the UK Noble Lords will recall from debates last year on the Data Protection Bill that much of our current data protection framework derives from EU measures. When the UK leaves the EU, the GDPR will be retained in domestic law through the European Union (Withdrawal) Act 2018. That Act also permits fixes to be made so that the retained version of the UK GDPR continues to be operable in a domestic context. That is what the regulations before the House today are designed to do Before we look at the changes in more detail, it is important to make clear the general approach. The purpose of this exercise is to correct deficiencies arising from our departure from the EU. As such, these regulations do not significantly affect UK businesses or erode people’s data protection rights. We are looking to maintain continuity. This approach will put the UK in the best possible position to receive a positive adequacy decision from the EU Many of the amendments made to the GDPR by these regulations simply replace European Union-related terminology with UK equivalents. For example, there are many references in the GDPR to "member states" or "member state law". These references have typically been amended by these regulations to refer to "the UK" and "domestic law" respectively, or removed altogether. For greater clarity post exit, the retained version of the GDPR as amended by these regulations will be known as the UK GDPR However, simply replacing European terminology with UK equivalents does not address all the deficiencies that arise as a result of our exit from the EU. The Government have given careful thought to how the UK GDPR and the Data Protection Act 2018 should approach these remaining deficiencies. I shall address a number of these important issues in more detail The GDPR and Part 3 of the Data Protection Act 2018, which implemented the law enforcement directive, restrict the transfer of personal data to third countries unless certain safeguards are met. One of those safeguards is where the third country concerned, or a sector within the country, has been deemed "adequate" by the EU Commission. Once an adequacy decision has been granted, data can flow freely to that country or sector. In the absence of an adequacy decision, data can still be transferred to third countries, but the onus is on controllers to make sure that alternative safeguards, such as standard contractual clauses or binding corporate rules, are in place to ensure that the data is protected.
Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Other
Greville Patrick Charles Howard (Conservative, Centre-right): Does the noble Lord accept just how unclear and what a complete pig’s breakfast the thing is already? I do not think you could make it worse. I have to deal with this on a day-to-day basis. It is a complete and utter mess and no lawyer can even give you a definitive opinion.
Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Mixed Topics
Thomas Ashton (Conservative, Centre-right): I agree. That is why the Government are making all efforts to secure a deal. We agree that a deal is the best situation for the country. We are at one with that In answer to the noble Baroness, I will start with something which is my responsibility—the legislation.gov.uk website provided by the National Archives. I will take up the matter with it. I am told that it may be helpful to search for "draft statutory instruments" rather than "statutory instruments". I certainly listened to what she said about the website not working and will check what we need to do The noble Baroness, the noble Lord, Lord Adonis, and others talked about the impact assessment and asked why it has not been published. The impact of this instrument, not the impact of leaving the EU, was assessed in line with standard practice following the existing Better Regulation framework. It is focused on the direct impact of the relevant SI compared with the current legislation. The whole point of this SI is to maintain an equivalent regulatory framework to protect personal data. The noble Lord, Lord Adonis, quite rightly pointed out that it affects not only UK businesses but mostly EU and EEA businesses, which will have to have representatives in this country, and I will come to that. It is a reciprocal arrangement. If these regulations come into force and we have a UK GDPR, the same necessity for representatives will take place both ways, and I will come to that The analysis, to the best of the Government’s ability, of the wider impact of the UK’s exit from the EU was published in the Long-term Economic Analysis in November last year. The noble Lord, Lord Adonis, talked about representatives and Article 27. He is correct that data controllers who offer goods and services to or monitor the behaviour of data subjects in the UK will need to appoint a representative in the UK, but that is a cost to non-UK businesses, which is what the impact assessment is meant to address. He is also correct that there will be organisations in the UK that will be required as a matter of EU law to appoint a representative in the EEA. The ICO provides data controllers with advice on this obligation and will continue to do so. If controllers and processors based abroad are routinely processing data, it is right that they should be accountable in the UK and have a presence here because this is about maintaining the status quo as far as possible, not about rolling back protections for individuals, so the representative is a point of contact for the data subject as well the supervisory authorities, such as the Information Commissioner.
Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Other
Thomas Ashton (Conservative, Centre-right): I find it difficult to understand how the noble Lord can say that the SIs are not being properly scrutinised by this House, particularly in comparison with the scrutiny that this instrument received in the other place.
Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Other
Thomas Ashton (Conservative, Centre-right): I understand that point, and the noble Lord, Lord Adonis, made it to me forcefully in the Moses Room. This SI has been laid for some time and there have been opportunities for noble Lords to talk to and engage with anyone from the DCMS. I take the point that it is sometimes difficult for Back-Benchers to get information if they do not ask the department. However, I think that the Front Benches have been fairly open in exchanging information on any SI—that is certainly the case in my department. I offered the noble Lord, Lord Adonis, opportunities to ask questions well before the debate, as I think he acknowledged It is not for me to say how the House and its sifting committees behave and how the two committees have liaised with each other. However, I will take the noble Lord’s request back to the usual channels. I will not commit to there being a Statement tomorrow but I will certainly take back his point to make sure that the usual channels listen to what he has said. The making of Statements will be up to them—that is not for me; nor is it for me to comment on the work of the sifting committees of your Lordships’ House.
Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Mixed Topics
Thomas Ashton (Conservative, Centre-right): I think the noble Lord has mis-stated it. The reciprocity is that an EEA company will be required to have a representative in the UK and, likewise, a UK company will be required to have a representative in the EEA.
Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Mixed Topics
Thomas Ashton (Conservative, Centre-right): I am sorry, but I do not agree with the noble Lord. When we have the UK GDPR, which these regulations will bring into place, there will be reciprocity in the need to have representatives in each other’s countries. I agree that this will be a change. We do not need them at the moment because we are in the EU, but this will be a result of leaving the EU.
Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Mixed Topics
Thomas Ashton (Conservative, Centre-right): I am talking about data protection. We want a deal; I think everyone agrees on that. The question is whether going into a negotiation saying that is a good way to approach the negotiation As well as the basis for adequacy going, there would be no transitional arrangements to enable lawful personal data to transfer to the EEA. The noble Lord, Lord Adonis, is concerned about business expenses; for that reason, that would not be a sensible way of going forward On the adequacy decision which my honourable friend Margot James mentioned, I do not have her remarks before me, but I believe she said something about two years. I think what she meant was that other countries’ adequacy decisions have sometimes taken two years, but we see no reason for it to take two years in the UK’s case, because, as I said, we are equivalent. I think I have answered most of the points that noble Lords raised.
Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Domestic Commerce
Thomas Ashton (Conservative, Centre-right): There are mitigations which prevent that—standard contractual clauses and binding corporate rules. Plus, it depends a lot on the proportionate approach that the regulators in the EU take. There would be an impact; we would have to arrange mitigations, which would be a cost to business. That is what has been set out in the technical notice to business.
Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Civil Rights
Thomas Ashton (Conservative, Centre-right): I am making a very good case for why we want a deal. As I have said several times, we want a deal I think I have been through most of the questions raised by noble Lords. The important thing about this statutory instrument is to have a fully functioning data protection regime. If we go back to the original reasons why we passed the Data Protection 2018 with a fair bit—a lot, I would say—of cross-party support, the reason that it is important is to give individuals protection for their personal data. We must bear that in mind. These regulations will preserve that protection for individuals and set us on the road to a successful conclusion of our adequacy agreement when we get to the stage where the EU will allow us to negotiate it. That is why I beg to move.
Syria: UK Nationals — House of Lords, 2019-02-18
Topic: Immigration
Diana Barran (Conservative, Centre-right): I cannot comment on any individual case or the nationality of Ms Begum’s child, but I can make a few comments in relation to children more generally who return to this country. Obviously, each case is taken on its merits, but the noble Baroness may have heard my right honourable friend say in the other place that it is the responsibility of the parent to consider the risks that they subject a child to by going to a country that has been clearly advised as unsafe to travel to, and without any consular presence there. This Government have made more than 50 children wards of court to prevent them leaving. My right honourable friend in the other lace also pointed out the risk to future children in such situations—but, unquestionably, having any child caught up in such circumstances is a tragedy.
Syria: UK Nationals — House of Lords, 2019-02-18
Topic: Mixed Topics
Elizabeth Rose Berridge (Conservative, Centre-right): My Lords, can I clarify something that my noble friend the Minister outlined? Although she cannot comment on specific cases, where the Home Secretary has to make a decision and the decision involves a parent and a child, how many decisions are actually being made? There is a long-standing principle in our family courts that the interests of the children are often not the same as those of the parent. It cannot be the case here that they are, when the parent has obviously been involved in some kind of terrorist activity or sympathy with it, but the baby clearly has not. It is important to know from the point of view of judicial review how many decisions the Home Secretary has to make in any case where a parent and a child are being considered if, under the Nationality Act, they are almost certainly both British citizens.
Syria: UK Nationals — House of Lords, 2019-02-18
Topic: Immigration
Diana Barran (Conservative, Centre-right): I thank my noble friend for her question. I will have to write to her in relation to numbers—I do not have that information at my fingertips—but she is right to point out the risk and harm that these children have experienced. We expect children returning from Syria to have been exposed to conflict, potentially indoctrination, and almost certainly to have experienced severe trauma. A range of specialised support will be necessary to address those concerns, with all aspects of safeguarding being considered and tailored to the needs of the individual child.
Syria: UK Nationals — House of Lords, 2019-02-18
Topic: Other
Diana Barran (Conservative, Centre-right): I thank my noble friend for repeating the question. I know no more than is in the newspapers. It would appear that the child has a British mother and a Dutch father, but I know no more than that.
Syria: UK Nationals — House of Lords, 2019-02-18
Topic: Immigration
Mark Schreiber (Conservative, Centre-right): My Lords, will the Minister assure us that this Government will never divert the all too limited resources that are available for giving refuge to the innocent, to giving facilities for enemies of this country to enter or return to this country?
Flybmi — House of Lords, 2019-02-18
Topic: Domestic Commerce
Elizabeth Sugg (Conservative, Centre-right): I thank the noble Lord for his questions. On how we are dealing with airline insolvency in the future, we have commissioned an independent review led by Peter Bucks to review consumer protection in the event of an airline or travel company failure. It is looking at options including an orderly wind-down of an airline so that it is able to conduct and finance repatriation options without impact on the taxpayer. The review is also looking at the lessons learned from the collapse of Monarch, and will identify potential market reforms necessary to ensure that passengers are protected when an airline fails. This is a complex issue and it is an extensive report. We are expecting the report in the spring. Initial estimates are that fewer than 1,000 affected UK-originating passengers are overseas. Many will have already made their way back; many will have been planning to stay abroad. We understand that about two-thirds of those booked to return were on code shares, and those bookings will be honoured On the PSO, the department and the CAA were not informed of the administration until very shortly before the directors agreed to it. To be clear, the contract for the PSO is directly with the city of Derry and Strabane council. They are the people who run that contract and it is they who will re-let it shortly.
Flybmi — House of Lords, 2019-02-18
Topic: Mixed Topics
Elizabeth Sugg (Conservative, Centre-right): Both the UK and the EU have made it very clear that we want flights to continue after Brexit. We and the EU are taking the necessary actions to ensure that this will be the case in the event of no deal. This sad event is a commercial matter for the airline in a competitive industry. BMI has been exposed to wider pressures faced by the global aviation industry such as increasing fuel prices and intense competition. Other EU airlines have collapsed in recent years; for example, Germania, Primera Air, Air Berlin and flyvlm. This is not just a UK issue. I agree with the noble Baroness that businesses want certainty. I am afraid that that I do not have any figures on jobs and retraining, but I regularly hear requests for certainty from the aviation industry. That is why we are working to deliver a deal and the implementation period that comes with it. I hope that that will be agreed soon so that we can give businesses the certainty they need.
Flybmi — House of Lords, 2019-02-18
Topic: Mixed Topics
Anne McIntosh (Conservative, Centre-right): My Lords, will my noble friend further address overcapacity, which she just mentioned? When airlines such as Ryanair and EasyJet are not making money, seeing their share price fall and issuing profit warnings, it obviously has implications for the whole industry.
Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Domestic Commerce
John Gummer (Conservative, Centre-right): My Lords, I declare my interest as chairman of the organisation that represents financial advisers and those who manage other people’s money. I come back to the point that the noble Lord has raised. It is very difficult for the industry to understand why the Government have not found it possible to talk in a lot more detail about the costs that are going to be placed upon the industry. After all, the industry pays these costs I am a great believer in regulation: I think good regulation is very important. I do not like the way that people sometimes mix bad regulation with the need to have no regulation, but if we are to have good regulation, there are two very important elements. First, it must be clearly understood, and, secondly, the cost must be clearly adumbrated so that people can make proper provision. I agree with the noble Lord who spoke last that it is unacceptable that, first, we do not know in advance; secondly, we will not know until after we have passed these things; and, thirdly, we will have to wait 10 years until we know whether or not we got it right. I have enormous respect for my noble friend, as well as enormous concern, given the difficulties he faces.
Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Other
John Gummer (Conservative, Centre-right): As much sympathy as one can possibly have. I can think of no other Minister I would be more sympathetic to, but I have to say to him that it is pretty difficult to think of another occasion on which a Minister has had to get up and tell the House that he does not know how much something is going to cost, he will not know how much it is going to cost, it is impossible to work out how much it is going to cost, we will not know until after it is all costed, and then we will not know for another decade. I do not think that the Minister will be a Minister in another decade.
Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Domestic Commerce
Howard Leigh (Conservative, Centre-right): My Lords, I welcome this statutory instrument. I note that paragraph 77 of the consolidated impact assessment states: "This does not remove the general need to review and improve legislation, which HM Treasury remains committed to doing in due course and where appropriate" Following the debates we had on the Financial Services (Implementation of Legislation) Bill, there are areas which might improve the financial services community and be for the benefit of the public and companies seeking to raise capital without the confines of some EU regulations; in particular, for small companies and for existing public companies that are seeking to raise capital from existing shareholders. At the moment, due to the expensive costs of a prospectus, they are prohibited from so doing. Although I have never prepared an impact assessment, I cannot imagine how one can be prepared in this sector, because there are so many potential benefits that might arise from this. I refer your Lordships’ House to my registered interests.
Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Domestic Commerce
John Gummer (Conservative, Centre-right): I do not quite understand how we can know the net saving if we have not estimated the actual cost of any of these statutory instruments. That, surely, is the issue. Although we all understand my noble friend’s very amusing and charming way of putting it, many of us realise that the reason why we have these things in this form is that it gives us real equivalence. The problem we are now faced with is that we have fake equivalence. We decide what we want, but if others are not prepared to go along with it, our financial industry will be very much disadvantaged.
Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019 — House of Lords, 2019-02-18
Topic: Domestic Commerce
Peter Lilley (Conservative, Centre-right): I am trying to get the full gist of my noble friend’s intervention, which was, first, that he seemed to think that the cost of all the statutory instruments which have not been costed—although many of them have—might somehow accumulate to anything approaching the £10 billion to £12 billion a year net contribution that we will save as a result of this one statutory instrument that we have been discussing in the Secondary Legislation Scrutiny Committee today, which will remove us from the EU budget. If he thinks that they are on that scale, I invite him to name one that might be worth £1 billion, for example. I suspect that he will not be able to do so My noble friend went on to talk about equivalence, which is important and can be valuable; that is the substance of this SI. It is worth the House remembering that equivalent regulation is not as important as superior regulation. It is far more important for this country to have good regulation—that is, the best in the world, which is not to say the most detailed or intrusive regulation but effective, appropriate, not-too-onerous regulation that ensures good quality of business. That has been the City’s great strength over the years. Better regulation than other countries has often been more important than identical regulation. The Eurodollar market is in London, not New York, because of bad regulation in America: Regulation Q, or whatever it was, drove all the business out of America. Our success in the trade in German state bonds was because the majority of it took place in London, due to our regulatory system being superior to the Germans’ before we introduced the single market and they had to improve theirs somewhat. Likewise, we carried out a high proportion of the trade in French equities because our regulatory system was superior, rather than identical, to that of France We should remember that the four great financial centres in the world—New York, Singapore, Hong Kong and London—all have something equivalent to each other and are great financial centres because they have in common common law and all the infrastructure built on that, such as legal and accounting processes, which make them flexible and desirable places to do business. In effect, they outpaced countries with different legal systems. We should welcome equivalence where appropriate but be very glad that we will not have to have regulation identical to that of our friends and partners on the continent. It is almost certainly beneficial to London to be a rule-maker, not a rule-taker.