argyrotsipi/train-dataset huggingface dataset:
Victims and Witnesses (Scotland) Act 2014 (Consequential Modification) Order 2020 — House of Lords, 2020-06-03
Topic: Law and Crime
Jack Wilson McConnell (Labour, Centre-left): My Lords, I endorse all of the comments made by the Minister in his introduction, but I would like to use this opportunity to underline a number of key points and to ask a couple of questions to be answered at the end of the debate I too start by praising the work of police officers across Scotland, and their support staff, over the last three months. This has been a difficult time for them, trying to enforce lockdown conditions which, while clearer in Scotland, were not always straightforward. It is to their immense credit that after a few years of real difficulties in Police Scotland—politically and managerially, and in its governance—police officers and support staff have risen to the challenge with real dignity, and a firmness that has made a real impact. We should thank them for that The order is important and we of course should endorse it in the normal fashion. It is right and proper that Section 104 orders are part of the system of devolution in the UK, but it is also right and proper that we work in partnership to deliver them and ensure that the Scottish Parliament can implement its legislation I have some reservations about earmarking funding in any situation such as this, but I recognise the absolute benefits of this funding for the services and for police officers who have been subjected to assault. While restitution orders are a useful mechanism for raising that funding, their purpose is also to provide more deterrence against attacks on police officers and support staff in the years to come For that reason, these orders are welcome. There has been a good, healthy debate in the Commons, and the Scottish Parliament has passed the legislation, and we should support it too. However, I have two questions to pose to the Minister. First, is this order conditional for the Scottish Parliament and the Scottish Government to go ahead with implementation and enforcement of the orders themselves Secondly, and perhaps more importantly, it has been nearly seven years since this legislation was passed by the Scottish Parliament. I would be interested, in the interests of transparency, to have the Government confirm when the Scottish Government formally requested that this Section 104 order be processed through the Houses of Parliament. It would be helpful, not least because up to £1 million could have been collected in restitution orders since then. That sum of money obviously has not been available and could have been if the order had been processed more quickly. Understanding the date of the formal request would be helpful to make sure that this decision is as transparent as it possibly can be With those remarks, I am happy to endorse the order and the action of the UK Government in working with the Scottish Government to make this happen.
Victims and Witnesses (Scotland) Act 2014 (Consequential Modification) Order 2020 — House of Lords, 2020-06-03
Topic: Law and Crime
George Foulkes (Labour, Centre-left): My Lords, I too thank the noble Viscount, Lord Younger, for his excellent introduction. I also express some sympathy for him: having just answered the PNQ on Northern Ireland, he is now dealing with Scotland, yet he has no direct responsibility for either of them, unlike the noble Lord, Lord Duncan, had when he was in his former position The Government should sort this as quickly as possible. I echo what was said by my noble friend Lady Smith in the PNQ: this situation should not be allowed to continue. It is a matter between the UK Government and the Scottish Government, and there ought to be more contact and regular meetings between Scottish Ministers and UK Ministers. The noble Lord, Lord McConnell, will recall that at the start of the century, when I was Minister of State, we used to meet regularly—weekly, and sometimes more often—with Scottish Ministers. We had a discussion about free personal care with the DWP and the Scottish Government that we are dealing with now. These are important matters, and we need Ministers in Scotland and Northern Ireland to deal with them Returning to the order, I agree that the police are in the front line. It is outrageous that since 10 May, there have been over 100 coronavirus attacks on police. It is not always the perfect picture in Scotland that some in the Scottish Government like to portray. Restitution orders are going to be useful, principally, I hope, as a deterrent rather than bringing the money in. However, I have a few questions for the Minister, which I hope he will be able to answer. I have given him notice of one or two of them First, this is going to be quite a complicated procedure, and very difficult between the Scottish Government and the DWP. Is there any estimate of the cost of administering this, and how it compares with the actual money that will be brought in by the scheme? Secondly, will there be some arrangement for monitoring the scheme on a case-by-case basis—not just a blanket monitoring to see how it is operating, but monitoring the impact, as the noble Lord, Lord Wei, said, on the families of offenders? That is a very important point. The knock-on effect on the families of offenders could be very great indeed, and, as the noble Lord said, it could lead to some reoffending. It needs to be monitored very carefully. There need to be safeguards in relation to the unintended consequences of what is being proposed. Can the Minister indicate what the arrangements might be for reviewing this I hope that if the noble Viscount cannot answer these questions directly today, then he will take them up. Even though he does not have direct responsibility, he is answering on behalf of the UK Government, so I hope that he will take them up with the Scottish Government if necessary, and that if he cannot answer them today, he will write to me and to the other noble Lords participating in this debate.
Private International Law (Implementation of Agreements) Bill [HL] — House of Lords, 2020-06-03
Topic: International Affairs
John Mann (Labour, Centre-left): My Lords, in Clause 2(7), "relevant territory" is defined as "the Isle of Man … any of the Channel Islands … a British overseas territory." On what basis should there be a differentiation for the Isle of Man as opposed to the others—as the noble Lord, Lord Adonis, rightly asked—particularly regarding the two Crown dependencies of Guernsey and Jersey? Would it not be sensible from a UK stance to have consistency, particularly between the Crown dependencies and on our approach to defining "relevant territory", as covered by Clause 2(7)?
Private International Law (Implementation of Agreements) Bill [HL] — House of Lords, 2020-06-03
Topic: International Affairs
Charles Falconer (Labour, Centre-left): I am grateful to the Minister for indicating that he is not going to proceed with this amendment today and that he has moved it simply to open it for debate. We oppose the amendment because we oppose in principle Clause 2, which inappropriately gives the Government the power by secondary legislation to introduce important changes to domestic law to reflect private international law agreements. At the moment, if that is the principle that we stand on, in our view it is wrong to say that the Isle of Man, of all the parts of the Crown dependencies, should have a special right to do it by statutory instrument. That, as previous Lords have indicated, would differentiate it from everyone else. We are against it for that reason We are also against it because this change would allow for differential application of international agreements as between the various parts of the United Kingdom and, for the reasons we gave the previous time this Committee met, we are against that. So, we oppose the amendment.
Private International Law (Implementation of Agreements) Bill [HL] — House of Lords, 2020-06-03
Topic: International Affairs
Charles Falconer (Labour, Centre-left): This is, in effect, a probing group of amendments, repeating many of the arguments that we discussed on day one in Committee, and the amendments do two things. Amendment 19 would delete the power of the regulation-making authority to create, amend or extend a criminal offence. Amendments 20 and 21 say that the regulation-making power should be subject to the super-affirmative resolution procedure in the UK Parliament; and, in particular, that before any such instrument was made final a consultation would have to be undertaken with the Lord Chancellor’s advisory committee on private international law and the European Union Select Committee of the House of Lords I make it clear, as I did on the previous occasion, that I am not in favour of this order-making power at all. I refer to Amendment 19 simply to indicate the width of this power, which includes the making or changing of criminal offences. In relation to the super-affirmative procedure, again, I am against it. There should not be that power at all. It gives me an opportunity, though, to make the point that the Lord Chancellor’s advisory committee on private international law has been an important source of advice over a long period to the Lord Chancellor and the Ministry of Justice on private international law agreements. It was not referred to at all in the suite of maybe a dozen statutory instruments introduced under the withdrawal Act, in the wake of us changing our private international law arrangements with the European Union. That led to a great loss in the preparation of those statutory instruments. I very much hope that the Minister will give an under- taking that in any subsequent changes in private international law, the Government will consult unquestionably the Lord Chancellor’s advisory committee and, as much as possible, the European Union Select Committee of this House. I beg to move.
Private International Law (Implementation of Agreements) Bill [HL] — House of Lords, 2020-06-03
Topic: International Affairs
Alicia Kennedy (Labour, Centre-left): My Lords, I shall restrict my comments and questions to parliamentary scrutiny. Private international law agreements are so important for businesses and individuals when they cross borders that to accept new international conventions into domestic law using broad delegated powers seems a step too far. The Government have failed to make a convincing case for why they need such extensive delegated powers here. What are the barriers that led the Government to propose such a low level of parliamentary scrutiny of new agreements Of course, this House is not against the Government getting their business through, but there needs to be appropriate scrutiny, challenge and revision. That is, after all, why we are all here. Amendment 20 offers a set of safeguards absent from the Government’s proposals and therefore has my support, as does Amendment 19. It cannot be acceptable to create and impose new criminal offences without consultation and some level of parliamentary scrutiny, the reasons having been eloquently set out by the noble Lord, Lord Thomas of Gresford, and my noble and learned friend Lord Falconer. In responding to these amendments, will the Minister give insight and clarity as to why the Government believe they need such sweeping powers? Do the Government accept the conclusions of the House of Lords Constitution Committee? If not, why not? Do they really believe that private international law agreements are produced at such a rate that proper consultation and scrutiny can be set aside As the Constitution Committee noted: "The UK has become a party to only 13 Hague Conventions over the course of nearly 60 years" so the need for delegated powers to prevent a delay does not seem a very strong argument. Why is it necessary for these delegated powers to extend to matters wider than private international law? How do the Government envisage dealing with a future international convention that needs supplementing for a domestic situation? Where will the parliamentary scrutiny be in such cases Finally, is it the case, as has been argued by some, that statutory instruments in this area may be quashed under the Human Rights Act 1998, leading to unnecessary legal uncertainty In conclusion, I welcome and support the amendments tabled by my noble and learned friend. These are issues that need further consideration by the Government, and I hope that the noble and learned Lord will agree to look at them again.
Private International Law (Implementation of Agreements) Bill [HL] — House of Lords, 2020-06-03
Topic: Law and Crime
Roy Kennedy (Labour, Centre-left): My Lords, Amendments 19, 20 and 21 are probing amendments tabled by my noble and learned friend Lord Falconer of Thoroton. I welcome the amendments, as we have a chance to debate these important issues again As a general rule, I do not like Governments taking Henry VIII powers. It is much better that primary legislation is made or changed, and that both Houses debate and decide on the issue, rather than procedures such as these, which are not a proper substitute, whether they use the affirmative or super-affirmative procedure That brings me on to Amendment 19, moved by my noble and learned friend. This is a particularly important amendment as, without it, criminal offences could be extended or amended, and the penalties for offences could be changed. That is unacceptable. I hope all noble Lords will agree that it is a matter for Parliament to decide, and that there is no justification for doing otherwise. I would therefore like to hear from the noble and learned Lord, Lord Keen of Elie, the justification for not accepting the intent of this amendment, if that is the Government’s position this afternoon The noble Lord, Lord Thomas of Gresford, made the point that this is no way to make new law and new offences. I very much agree with that. There should be no cases of new offences having penalties agreed without the consent of Parliament, where that would normally be the case. But these powers could be used to circumvent that My noble friend Lady Kennedy of Cradley made the point that we have seen very few of these types of agreements in the last 60 years, and that the powers and procedures proposed here do not seem justified in that case. My noble friend also made reference to reports that statutory instruments in this area risk being struck down by the courts. It would be good if the noble and learned Lord, Lord Keen of Elie, could address that point when he responds to this debate shortly.
Private International Law (Implementation of Agreements) Bill [HL] — House of Lords, 2020-06-03
Topic: International Affairs
Peter Hain (Labour, Centre-left): My Lords, I will speak to Amendment 20 to Schedule 6 in the name of my noble and learned friend Lord Falconer on the matter of proper consultation, which it would require. As a former Secretary of State for Wales and still living here, I am aware that no legislative consent Motion is required for this Brexit-consequential Bill and that the Welsh Government appear to seem at least content with it. But, as my noble friend Lady Kennedy highlighted, there are real concerns about the delegated powers to join future private international law agreements I understand that the UK Government have provided assurances to the devolved Administrations that, first, there are not any agreements in view at the moment that touch on matters within devolved competences and that, secondly, if any such agreement emerges the UK Government will guarantee to consult the Welsh Government, and presumably the Northern Ireland Executive and the Scottish Government. I would be grateful if the Minister specifically confirms this when he replies. I ask because, for nearly four years, Conservative Governments have had a sorry record of failing properly to enable devolved Governments to participate in framing a series of European Union withdrawal and Brexit-related Bills. Consequently, UK Ministers were regularly accused, as noble Lords might recall, of a power grab—of using the transfer of functions from Brussels back to the UK to recover to Whitehall previously devolved powers The First Ministers of Wales and Scotland both repeatedly complained about a failure of Whitehall Ministers to consult. Indeed, I have argued exactly that in your Lordships’ House on several occasions. There were also refusals to grant legislative consent Motions in Wales and Scotland until a satisfactory series of outcomes were belatedly conceded by the UK Government. This is not a good advertisement for the unity of the UK when it is under greater threat than ever I will put on record some specific examples of a failure to build consent, as Amendment 20 implies must be the case, because these must not be repeated. The 2017 EU withdrawal Bill, as originally drafted, represented a major assault on devolved competence. It was only as a result of very strong cross-party support in your Lordships’ House that the Government were forced to agree to a default position that all powers vested in the EU on matters of devolved competence would revert to the devolved institutions when we left the EU. This has led to a more consensual approach to the work of developing common frameworks where all four Governments agree that there needs to be a shared understanding and approach across the UK.
Private International Law (Implementation of Agreements) Bill [HL] — House of Lords, 2020-06-03
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): I am very obliged to all noble Lords who have spoken in this debate, and I am very grateful for the almost universal support I got from the noble Lords, Lord Marks, Lord Bhatia and Lord Holmes, the noble Baroness, Lady Jones, the noble and learned Lord, Lord Garnier, and my noble friends Lord Blunkett, Lord Kennedy, Lord Hain, Lord Triesman and Lady Kennedy. I am dismayed not to be supported by the noble and learned Lord, Lord Mackay of Clashfern, but I disagree with the two propositions he made. The first was that he was happy for the criminal offences to be introduced by secondary legislation under the power of the international private law agreement. As has been made clear, including by the Minister, that is not right. Secondly, I am unfortunately not persuaded by him that it involves a similar degree of scrutiny as that which previously existed in relation to private international law. It most certainly does not. He referred to the Civil Aviation Act 1982. That refers to civil aviation, which was mostly dealt with by the European Union at that time, so it does not support the proposition that he advanced. Indeed, it was not relied on at any stage by the Minister I was disappointed in what the Minister said in three respects. First, he said that he was not even going to reconsider the position, even though there was practically universal opposition in the House to the idea of a Section 2 power; secondly, he failed to give any assurance to my noble friend Lord Hain in relation to the devolved Assemblies; and, thirdly, he did not give any assurance in relation to being willing to consult the Lord Chancellor’s advisory committee on justice. Of course, I will withdraw the amendment, but we will return to this in seeking to remove Clause 2 on Report.
Business and Planning Bill — House of Lords, 2020-07-14
Topic: Government Operations
Roy Kennedy (Labour, Centre-left): My Lords, in my first contribution I should have declared my interests as a vice-president of the Local Government Association and as president of National Pubwatch Amendment 76 in my name is a solitary amendment and was first raised in the other place by my good friend the Member for Hackney South and Shoreditch, Meg Hillier MP. The intention is to allow Parliament to consider the impact of the measures introduced by the Bill and to repeal them should unintended consequences occur. I very much agree with my honourable friend in the other place that it is particularly important for Parliament to take a power to repeal measures since so little time has been given for the Bill to be debated. Are noble Lords satisfied that we have had sufficient time to scrutinise the Bill? I suggest that we have not had enough time, but there is a lot of pressure to get it agreed. It is therefore important to ensure that we have a mechanism to deal with issues There is one important difference between my amendment and that which was debated in the House of Commons. In the amendment before the House of Commons it was for the Commons to conduct the review, while my amendment gives a role for the House of Lords. That is in recognition of the expertise in this House. For me, that was an omission in the discussions in the other place I expect I will shortly be told that this amendment is unnecessary as the Bill includes a provision for the affirmative procedure for draft regulations, but that affords little scrutiny, especially in the Commons where only a small number of MPs have the chance to raise concerns. This amendment would allow Parliament to review the impact of the provisions in the late autumn. If the Minister is unable to accept it, perhaps he could explain how the Government will allow the House otherwise to repeal aspects of legislation should the concerns around provisions prove founded. I beg to move.
Business and Planning Bill — House of Lords, 2020-07-14
Topic: Government Operations
Roy Kennedy (Labour, Centre-left): My Lords, I thank the noble Earl for his response to my amendment. Obviously, I never intended to press it to a vote, and the noble Earl made some valid points on my amendment. Equally, I think I raised some valid issues with the amendment. As I said, I support the intention of the Bill and, as I raised here, I entirely accept that these are temporary measures. Equally, however, I think there is an issue if, when we put something in place that is temporary but causes unintended consequences, we have the solution be, "Oh well, hopefully I have the power to do something about it." This may not be the tidiest way of dealing with things—let us leave it at that In a number of places around the country, we leave it to the local authorities to intervene and deal with the issues when we could have a mechanism to deal with them ourselves. Anyway, I hope that this will not be the case and will not be necessary, but I it is a valid consideration. I beg leave to withdraw the amendment.