argyrotsipi/train-dataset huggingface dataset:
Psychoactive Substances Bill [HL] — House of Lords, 2015-07-14
Topic: Environment
Michael Bates (Conservative, Centre-right): The noble Baroness goes to the heart of the issue; we have a problem with that. We are just not convinced. There are botanicals, to which we have referred. There are other substances, such as nitrous oxide. Does "synthetic" as a term cover what we want it to cover, or will we be reassembled back here at some future date trying to clamp down on another loophole which has been exploited? That is the difficulty. When I say that I am not ruling out the term "synthetic", that is absolutely correct, but we want to make sure that if the term is used, it is understood in a legal context as achieving the intention of the Bill, which is to uphold a blanket ban. I hope that, with that, I have provided some clarification.
Psychoactive Substances Bill [HL] — House of Lords, 2015-07-14
Topic: Law and Crime
Michael Bates (Conservative, Centre-right): That was the point that I was trying to address in response to my noble and learned friend Lord Mackay, who talked about the speed of this: the cumbersome process that existed before to categorise something, the period of time, and the agility of the criminal gangs behind the production of these substances. That goes to the heart of the purpose of the blanket ban. I know that we may not necessarily agree on that point, but I hope he will understand that that is where we are genuinely resolute: how do we uphold the blanket ban—which is the advice that we received from the expert panel, what similar panels in Wales and Scotland believe to be the way forward and what operates in Ireland—in a way that recognises the nuances we have but does not allow people to escape through loopholes? That is the challenge we are wrestling with. It is a dialogue that we are committed to continuing, both with your Lordships in the remaining process of the Bill and as it goes to another place, should it be your Lordships’ will that it does. That dialogue will continue; it is genuine and we are continually listening to views on this.
Psychoactive Substances Bill [HL] — House of Lords, 2015-07-14
Topic: Law and Crime
James Peter Hymers Mackay (Conservative, Centre-right): Before the noble Lord sits down, let me make clear that the present difficulty is that botanical substances could be used as a basis for some form of psychoactive substance that would be dangerous in a way that was not shown hitherto. The Government’s present position is that "synthetic" should not be inserted but that further considerations may help clarify that problem. Therefore, the safe thing to do at the moment is leave out "synthetic" and use the general definition, which is what the group set up specially for this purpose advised.
Psychoactive Substances Bill [HL] — House of Lords, 2015-07-14
Topic: Environment
Michael Bates (Conservative, Centre-right): In responding on the Bill, I gave a number of examples of particular botanical substances that would fail the test of "synthetic". Therefore, it is very much as my noble and learned friend has said. Those substances do not meet the harm threshold of the 1971 Act, but some natural substances are controlled under it. This is part of the confusion and discussion that is still to be resolved, but we believe that what we have at the moment is clear in terms of the intent of the Bill and that to insert "synthetic" at this stage would unnecessarily limit the scope of the Bill and potentially open up new loopholes, which would need to be closed down legislatively on another occasion.
Psychoactive Substances Bill [HL] — House of Lords, 2015-07-14
Topic: Law and Crime
Michael Bates (Conservative, Centre-right): The noble Lord made a good point on stop-and-search powers and I know that a significant body of work is going on in relation to it. I was going to quote some of the reports on it and the actions that the Home Secretary has requested and taken on recording the data on how stop-and-search powers are used, particularly vis-à-vis black and minority ethnic communities. Perhaps I can undertake to write to the noble Lord and set that out in some detail. Because it is such a serious point, the ACMD was right to raise it in its letter, and the Home Secretary was right to acknowledge that point in her response. However, that does not take away from the wider point that allowing a defence or allowing for a provision relating to social supply of new psychoactive substances would provide a loophole that would be open to exploitation. It is for that reason, rather than the other, that I ask the noble Lord, Lord Howarth, to withdraw the amendment.
Psychoactive Substances Bill [HL] — House of Lords, 2015-07-14
Topic: Law and Crime
Michael Bates (Conservative, Centre-right): I am looking for counsel from the noble and learned Lord, Lord Hardie, as a former Lord Advocate, as to whether we have that power. We talked about that yesterday. I think Scotland is in the process of establishing a sentencing council—
Psychoactive Substances Bill [HL] — House of Lords, 2015-07-14
Topic: Law and Crime
Michael Bates (Conservative, Centre-right): The principal point, which is about dealing with the issue of prisoners, is partially dealt with by the action that is being taken today or tomorrow—we do not have to wait until Third Reading—which is the letter from the Minister for Policing, Crime and Criminal Justice to the chair of the Sentencing Council, asking him to take into account the views of your Lordships’ House expressed in these two areas The noble Lord will know, from when he was in government, that a certain process needs to be gone through before formal amendments can be laid. To be entirely frank, I doubt whether I can go through all that process of the communication with the different departments and get the clearance to lay an amendment in time for Third Reading. It is likely to be when the Bill arrives in another place. None the less, I hope that the noble Lord might feel that there is enough there, along with our good will in supporting the thrust of what he is seeking to do, for him to withdraw his amendment at this stage.
Psychoactive Substances Bill [HL] — House of Lords, 2015-07-14
Topic: Law and Crime
Michael Bates (Conservative, Centre-right): I am sorry to intervene on the noble Lord, but he may end up with something better for tackling the problem in the response of the Sentencing Council to the concerns raised in this debate by him and by others.
Psychoactive Substances Bill [HL] — House of Lords, 2015-07-14
Topic: Law and Crime
Michael Bates (Conservative, Centre-right): Before the noble Lord sits down, just to be clear to those who are listening to this point in the debate, we are not arguing about whether it will be an aggravating factor. The Minister has written to the chair of the Sentencing Council, so it is not in doubt that we are looking at ways in which it will be an aggravating matter. The question is whether it should be a statutory one on the face of the Bill or one which, as a result of legislation which his Government passed in 2005 and 2009, now rests within the responsibility of the Sentencing Council to determine. That is really what is at issue.
Psychoactive Substances Bill [HL] — House of Lords, 2015-07-14
Topic: Law and Crime
Caroline Chisholm (Conservative, Centre-right): I did not mean to be confusing. People certainly will be prosecuted for it, but as I said, the use of these sanctions will enable law enforcement officers to take action swiftly to nip a problem in the bud or to adopt a more proportionate approach to low-level offending. So it will be a matter for the relevant law enforcement officer to determine the most appropriate course of action While Border Force will seek to intercept, seize and forfeit any consignment of psychoactive substances coming into the UK, the focus of any criminal justice response will be on cases in which there is evidence of greatest harm. Similar considerations would apply to the enforcement of the production offence. Given this, I trust that the noble Lord feels able to withdraw his amendment.
Psychoactive Substances Bill [HL] — House of Lords, 2015-07-14
Topic: Law and Crime
Michael Bates (Conservative, Centre-right): My Lords, I wonder if it would be helpful to the House if I were to move the rest of this large group of largely minor and technical government amendments, Amendments 27 to 50, formally. I flagged up these amendments in Committee and have written explaining the basis of them. There is one significant change in Amendment 50, which provides a new clause to ensure that Border Force officers can access relevant provisions in the Customs and Excise Management Act 1979 when they intercept psychoactive substances being imported into or exported from the UK, particularly by post. Unless noble Lords want clarification—
Psychoactive Substances Bill [HL] — House of Lords, 2015-07-14
Topic: Government Operations
Philip Norton (Conservative, Centre-right): My Lords, I would not dissent from the points that have been made about what should go into an annual report. I rise very briefly to comment on Amendment 55 and to commend my noble friend Lord Bates for tabling it; it is extremely helpful. He has already touched on it and the reasons for it, and I just reinforce that. The noble Lord, Lord Rosser, did not I think disagree with having the review, but suggested that there should be a second one later on. The point I would make is that there will be: most Acts are now subject to review four to five years after enactment, so this measure would come up for review at that point in the normal course of events. What we have here is an early review, which is eminently sensible in the context of this measure, and it is being done on a statutory basis. I have long advocated post-legislative review. I think it is an excellent thing and now, as I say, it has been brought in as a matter of course. But, where necessary, it is very valuable for it to be made on a statutory basis, for it to be included in a measure so that it is a firm provision. It will be reviewed within 30 months, which, in the context of the measure, is an appropriate period. I commend the Government for bringing this amendment forward.
European Union Referendum Bill — House of Lords, 2015-10-26
Topic: International Affairs
Joyce Anelay (Conservative, Centre-right): That it be an instruction to the Committee of the Whole House to which the European Union Referendum Bill has been committed that they consider the bill in the following order: Clauses 1 and 2, Clause 5, Clause 3, Schedules 1 to 3, Clause 4, Clauses 6 to 12, Title.
Childcare Bill [HL] — House of Lords, 2015-10-26
Topic: Education
John Nash (Conservative, Centre-right): My Lords, I would like to take this opportunity to express my thanks to noble Lords for their support, challenge and dedication throughout the passage of this Bill. I very much appreciate the expertise that Peers have brought to the House on the complex subject of childcare, and I hope noble Lords feel that I have listened to concerns raised and addressed them appropriately. I particularly would like to thank the noble Baroness, Lady Jones, who has provided strong and heartfelt opposition on this Bill, and I greatly appreciated working with her on the education brief over the last Parliament. I will miss her on the education brief, and I wish her well with her new one. I will, of course, be keeping noble Lords up to date with the progress of the Bill, and am committed to holding a meeting on the funding review following the spending review. I look forward to working with noble Lords on the Education and Adoption Bill.
Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015 — House of Lords, 2015-10-26
Topic: Macroeconomics
Tina Stowell (Conservative, Centre-right): My Lords, let me be absolutely clear. Any of the amendments that have been put down today, with the exception of that in the name of the right reverend Prelate, would mean that this House has not approved a statutory instrument which the House of Commons has approved and voted on three times. As I have already said, we would be challenging the primacy of the House of Commons on financial matters The right reverend Prelate’s amendment gives this House the opportunity to express its view in a way that accords with our conventions. The noble Lord, Lord Tyler, made various specific references. I say to him and to the House as a whole that the parent Act from which this statutory instrument is derived, which was brought forward by the Labour Government, made clear that amendments to tax credits should be introduced via secondary legislation. We are following that procedure. Indeed, after the Tax Credits Act was passed, other amendments to it were brought forward in the last Parliament, while we were in coalition government, exactly in the way that was expected The key fact is that there are conventions that apply to secondary legislation. The noble Lord, Lord Tyler, is right to refer to the Joint Committee’s report. But in addition to what he quotes, that report also made it clear that, "opposition parties should not use their numbers in the House of Lords to defeat an SI simply because they disagree with it" The key point I make to the noble Lord is that we are in an unprecedented situation, because the kind of primary legislation conventions that he refers to that allow the other House to enter into a dialogue with us just do not occur in secondary legislation We have a choice. We must choose whether to accept or reject this statutory instrument. Right now, it is absolutely clear that if we withhold our approval for this statutory instrument, we will be in direct conflict with the House of Commons.
Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015 — House of Lords, 2015-10-26
Topic: Government Operations
Tina Stowell (Conservative, Centre-right): No, I do not accept what the noble Lord says. As I have already said, those amendments withhold this House’s agreement—its approval—from a statutory instrument that has already been approved by the House of Commons. They withhold this House’s approval from something that has already been approved by the other place. The noble Lord makes the perfectly fair point that this House has the power to defeat secondary legislation, but it does so very rarely. It has done so only five times since the Second World War, and it has never done so on financial secondary legislation. Although noble Lords have been able to table today’s amendments, it is up to us as a House to consider whether we regard the financial primacy of the House of Commons as vital to the continuing constitution of this country and the way in which Parliament operates. That is the important point here.
Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015 — House of Lords, 2015-10-26
Topic: Government Operations
Michael Bruce Forsyth (Conservative, Centre-right): The leader of the Liberal party described this House as, "a system which is rotten to the core and allows unelected, unaccountable people to think they are above the law". Does my noble friend think that the Liberals wish us to vote for their Motion in order to prove their leader right?
Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015 — House of Lords, 2015-10-26
Topic: Government Operations
Tina Stowell (Conservative, Centre-right): When I quoted that from the Joint Committee on Conventions’ report, the point I tried to emphasise was that it is rare for this House to disagree to any piece of secondary legislation. The Joint Committee made it clear that, because it is very rare and because the Government are rarely in a majority in this House, it would be inappropriate for this House to vote down a piece of secondary legislation just because the opposition parties have the numbers to do so and do not approve of that measure. My point is that this situation invokes something that we have not seen before: noble Lords have tabled amendments that would prevent this piece of secondary legislation leaving this House and being approved. If the House were to do that—if it were to completely reject it outright or to withhold it—we would be challenging the financial primacy of the other place.
Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015 — House of Lords, 2015-10-26
Topic: Macroeconomics
Tina Stowell (Conservative, Centre-right): I am not defining them in such a way because they have not been defined in such a way by this House. They are amendments that are quite unique. They mean that this House will start setting conditions and making demands on the Government, and acquiring for itself powers as far as how it considers a matter that has already been decided and approved by the other place—a statutory instrument to the value of £4.4 billion. That is what makes this situation so different: we are challenging the primacy of the other place on a matter of finance. Amendment to the Motion
Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015 — House of Lords, 2015-10-26
Topic: Macroeconomics
Patrick Cormack (Conservative, Centre-right): My Lords, 104 years ago, a Liberal Government decided that this House should not have jurisdiction in budgetary matters. The noble Baroness speaks for a party which has a disproportionate strength in this House. She and her party believe in proportion. They also believe in the supremacy of the House of Commons. How does she square the various points I have just made with the speech that she is making and the vote that she is seeking tonight?
Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015 — House of Lords, 2015-10-26
Topic: Macroeconomics
James Peter Hymers Mackay (Conservative, Centre-right): I am sorry, the right reverend Prelate. That was a bit of a promotion because we are in the presence of the two Primates. The Motions mark a refusal to accept a decision of the elected House on a matter of financial privilege as the final authority for it. That is what they amount to. It has to be noted, as I have said, that this is the privilege of the elected Chamber, not of the Government The amendment proposed by the right reverend Prelate—I shall try to get it right this time—is entirely in accordance with the arrangements of this House and with the financial privileges of the House of Commons. Therefore from the point of view of the powers of this House, it is by far the safest of the Motions that have been put forward. In light of what the Leader of the House said in opening, I believe that the Chancellor of the Exchequer is very open to considering the detail—
Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015 — House of Lords, 2015-10-26
Topic: Government Operations
James Peter Hymers Mackay (Conservative, Centre-right): Not at all. I am stating the present practice, according to Erskine May, in relation to matters of financial privilege. As I said, it is not a matter of the conventions of this House, but of the rights of the other place in this matter. My clear submission to your Lordships is that these amendments challenge the final authority of the elected House on a matter of financial privilege. It is true that the Liberal Democrats—I suppose they were the Liberal Party then, but the succession is probably allowable—found it necessary to take further action to ensure that the practice that had been built up in the 17th century applied in the 20th century and beyond. They put mechanisms in place to prevent financial privileges being in any way transgressed again.
Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015 — House of Lords, 2015-10-26
Topic: Macroeconomics
James Peter Hymers Mackay (Conservative, Centre-right): That is the arrangement that was proposed in the Tax Credits Act, which was passed by the Labour Government in 2002. It was thought to be the right way to do this particular thing, and the Chancellor of the Exchequer and the Government have followed that. It is not a necessary consequence that the Commons or the Government should use a different procedure in order to secure the financial privilege of the House of Commons. The procedure was laid down in the Tax Credits Act, which is the main statute on this matter. For the Government to do anything other than use that course would be offensive to the way in which the system was set up The Leader of the House mentioned the Chancellor of the Exchequer’s attitude to considering more detailed material when it becomes available. That is a considerable consolation to me in light of what the right reverend Prelate said. I believe the right reverend Prelate’s approach to be the safest way to secure what a number of your Lordships have asked for.
Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015 — House of Lords, 2015-10-26
Topic: Macroeconomics
Nigel Lawson (Conservative, Centre-right): I suspect that I am not the only one on this side of the House who feels torn on this issue. The constitutional position, which I will refer to first, has been set out admirably by the noble and learned Lord, Lord Mackay, and it is very clear: budgetary matters are the prerogative of the other place—of the elected Chamber—and this is undoubtedly a budgetary matter, however it is dressed up. What is the purpose of the measure? The purpose of it is to help reduce the budget deficit, and everybody is agreed that it should be—
Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015 — House of Lords, 2015-10-26
Topic: Macroeconomics
Nigel Lawson (Conservative, Centre-right): The point is that this is a budgetary matter and budgetary matters are the prerogative of the elected House. That is the most important constitutional principle. This was designed to reduce the budget deficit, which everybody on all sides agrees has to be eliminated, by something like £4.5 billion. It is quite clear that this is the Chancellor of the Exchequer’s measure, in effect, whosever name may be on the statutory instrument. That is the constitutional position. I said I would be brief, so I will not elaborate, but that is clear On the other hand, I also said I am torn, because I believe that there are aspects of this measure which need to be reconsidered and, indeed, changed. The right honourable George Osborne, the Chancellor of the Exchequer, made it clear that he was going to get a lot of his savings, probably the greater part, from the welfare budget, and tax credit, which has ballooned enormously in recent years, is a large part of the welfare budget. I think that is absolutely fair, but the question is the particular incidence of this package in the regulations. What concerns me is not that there are high implicit marginal rates of tax—which are transient, incidentally. That is the case with all means-tested benefits and it is absurd to say that means-tested benefits can never be reduced. Nevertheless the tax credits system—the in-work benefits—rise surprisingly high up the income scale, but here the great harm, or a great deal of the harm, is at the lowest end. That is what needs to be looked at again; that is what concerns me. It is perfectly possible to tweak it to take more from the upper end of the tax credit scale and less from the lower end I heard my noble friend the Leader of the House say that the Chancellor would listen to this debate. I would have been surprised if she had said that the Chancellor would not listen to this debate. Of course he will listen to this debate, but it is not just listening that is required. Change is required. I very much hope that my noble friend Lord Howe, when he winds up, will indicate that there will be change, though he cannot indicate what, but I must say that my present intention is to support the amendment in the name of the right reverend Prelate the Bishop of Portsmouth.