argyrotsipi/train-dataset huggingface dataset:
Policing and Crime Bill — House of Lords, 2016-12-07
Topic: Law and Crime
James Peter Hymers Mackay (Conservative, Centre-right): My Lords, many years ago the "Marchioness" inquiry had to have a second coroner’s inquest. The parents of the people who had sadly lost their lives came to me and asked for legal aid, because there was no legal aid generally speaking in that situation. It was possible for me to authorise a fixed payment. In other words, I would decide how long their matter should last. Having had regard to the submissions made, I was able to fix an amount that defrayed the cost of the second inquest for the parents, which was extremely satisfactory. A police force may be an interested party without being represented, but where it is represented, money should be available to the people affected on the other side. I agree that a judicial officer should decide that. The obvious judicial officer in this case is the coroner, who is already fixed with the ideas and matters likely to be litigated in the inquest. Therefore, if the noble Lord, Lord Rosser, was to go for the coroner instead of the elected police commissioner, that would be worth putting on the statute book now, subject to any argument we may yet hear from the Government. It is true that a considerable inquiry is already initiated, but it is primarily related to what happened at Hillsborough, which was a very special case. This is a much more general proposition. There is a good deal to be said for it. If the police want to save public money they should reduce their representation.
Policing and Crime Bill — House of Lords, 2016-12-07
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): My Lords, I do not doubt the sincerity of the intentions behind this amendment. The new clause comes directly from the experiences of the Hillsborough families, and anyone who has heard of their long fight for justice cannot fail to be moved. I entirely accept, however, that the issue raised by the amendment is of general application As noble Lords will be aware from the debate in Committee, the Government’s position on this amendment is that we should wait for the report commissioned from Bishop James Jones on the experiences of the Hillsborough families. In commissioning the work, the then Home Secretary asked Bishop Jones, "to ensure that the full perspective of those most affected by the Hillsborough disaster is not lost".—[Official Report, Commons, 27/4/16; col. 1436.] The families will have numerous experiences, including views on legal representation, and this will be reflected in Bishop Jones’s report, which he aims to publish next spring I entirely accept noble Lords’ points about the coroner, and we will bring them to the attention of Bishop Jones, but I reiterate that it is appropriate that the Government have the opportunity to consider his conclusions and recommendations fully before deciding what action to take. It would therefore be premature to proceed with the amendment at this stage It must be right that any consideration of this amendment takes account of the financial implications. The cost of the legal representation for the 103 Hillsborough families at the fresh inquests amounted to £63.6 million. Clearly, the Hillsborough inquests were an exceptional case, but they provide at least an indication of the level of financial commitment such an amendment could imply. While it is the case that the Hillsborough families received public funding for their legal costs at the fresh inquest, it was a bespoke scheme, instituted due to the exceptional nature of the events that took place 27 years ago Recognising the exceptional nature of the Hillsborough inquests, it is also right that we look at other data. We cannot say for certain in how many inquests the police are named as an interested person. However, we know from the Independent Police Complaints Commission report Deaths During or Following Police Contact: Statistics for England and Wales 2015/16 that in the last financial year, 200 persons died following contact with the police. All of those deaths would have been subject to an inquest. Of course, the financial implications of this amendment are but one of the matters noble Lords will wish to take into consideration, but we cannot be blind to the impact on the public purse However, I come back to my core objection to this amendment: that this is neither the time nor the place to pursue this matter. As I have said, the Government are firmly of the view that we should wait for Bishop Jones’s report and then determine, in the light of that, the most appropriate way forward. I hope the noble Lord, Lord Rosser, will accept that this is the proper way to proceed and agree—
Policing and Crime Bill — House of Lords, 2016-12-07
Topic: Law and Crime
James Peter Hymers Mackay (Conservative, Centre-right): Before the noble Lord sits down, I draw attention to the fact that if in due course this amendment were passed in a form that specified the coroner, there would still be the question of the date on which it would come into force. It would certainly be possible for the Government, if they thought it right, to wait for Bishop Jones’s report before bringing it into force. On the other hand, as we know, there are occasions on which, if the Government think they have good reason, they sometimes do not bring things that they have an option to postpone into effect at all. So it would certainly be possible to make it clear that that is what could happen here I hope the Government will agree that the noble Lord can bring this back without agreeing a commitment as to what should happen. It would be extremely wise for this House to have the chance to consider the amendment with the coroner in instead of the police and crime commissioner, and I hope my noble friend’s discretion is sufficient to allow her to say that the Government would not object to the amendment being brought back. Ultimately it is the House rather than any party that decides whether or not an amendment can be brought back, but I hope we would not need to go into that kind of procedure here if the Government were kind enough to say that if the amendment came forward in the shape that I am suggesting, and which the noble Lord has made clear he would be happy with, it could be considered. That would not mean a commitment by the Government to accept such an amendment, but at least it could be considered at Third Reading.
Policing and Crime Bill — House of Lords, 2016-12-07
Topic: Foreign Trade
John Attlee (Conservative, Centre-right): My Lords, I support these amendments, and I am particularly grateful for Amendments 166 to 169 and for the Minister’s explanation. The Minister has done everything she possibly can to meet my concerns. Unfortunately, however, she has to react to EU legislation, and the current regime will still have serious effects on collectors and businesses. But there is nothing we can do about it—it is a matter for the EU. In Committee I mentioned the Minister’s excellent officials, and I hope that she will encourage them to engage at EU level to try to get the EU to see that it ought to adopt our system of deactivation, which has worked so well for so many years. However, I am grateful to the Minister.
Policing and Crime Bill — House of Lords, 2016-12-07
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): My Lords, perhaps I may first deal with some of the questions that have arisen out of Amendment 169A. Both the noble Lord, Lord Rosser, and my noble friend Lord Hailsham asked about the age threshold of 17—the noble Lord, Lord Rosser, probably thought that it was too low and the noble Viscount, Lord Hailsham, thought it too high. The age of 17 or over for borrowing rifles reflects the current position under Section 16 of the Firearms (Amendment) Act 1988—which the noble Viscount may have taken through Parliament himself The noble Viscount asked about firearms accidentally left in someone’s house. I understood that if you held a firearms licence yourself, it was okay for someone to leave something in your house, but I am not certain on that point so I will write to him The noble Lord, Lord Rosser, asked whether the provisions were new. The answer is both yes and no, because they amend current legislation. After careful consideration, we have decided to clarify and align the existing provisions for the borrowing of a rifle or shotgun to practise the hunting of animals and the shooting of game or vermin on private land. He also asked whether individuals with a qualifying criminal record are prohibited from possessing a firearm under Section 21 of the 1968 Act. It is for the lender to satisfy himself or herself that a borrower does not have a relevant criminal record when he or she is lending them a firearm The lender would have to be present. If the borrower needed to go to the toilet, for example, they would have to leave the certificate-holder with the weapon while they went to the loo I will just respond to Amendment 169B from the noble Lord, Lord Rosser. The Government agreed that fees for firearm certificates should be set on a cost recovery basis. I am happy to confirm, as I did in my letter to the noble Lord, that the cost of these certificates is expected to reflect the full cost of licensing once a new, more cost-effective online licensing system is in place. We already increased the fees for civilian firearm certificates in line with this objective, and Clause 117 allows us to set fees for licences issued by the Home Office and the Scottish Government. As I think I said in Committee, this will save the taxpayer around £700,000 a year.
Policing and Crime Bill — House of Lords, 2016-12-07
Topic: Law and Crime
Douglas Hogg (Conservative, Centre-right): My noble friend was good enough to say she would write to me and I am grateful. Would she include in her letter a response on what I would summarise as the service station point, and the point about when one’s wife or partner knows the whereabouts of the key to the gun safe?
Policing and Crime Bill — House of Lords, 2016-12-07
Topic: Law and Crime
Caroline Chisholm (Conservative, Centre-right): My Lords, I remind the House that Clause 120 amends the definition of alcohol in Section 191 of the Licensing Act 2003. The current definition of alcohol covers spirits, wine, beer, cider or any other fermented, distilled or spirituous liqueur. The clause adds "(in any state)" to the definition; the purpose of this is to ensure that all alcohol, no matter in which form it is sold, is covered by the requirements of the 2003 Act Amendment 171A seeks to exempt powdered and vaporised alcohol from the 2003 Act and instead to control it as a class C drug under the Misuse of Drugs Act 1971. Controlling powdered and vaporised alcohol as a class C drug would, in effect, prohibit the possession, production and distribution of these forms of alcohol Alcohol is a legal substance and the Government’s approach is to minimise the harm caused by alcohol by regulating its sale and supply. The 2003 Act seeks to reduce harm through promotion of the licensing objectives. These are: the prevention of crime and disorder; public safety; the prevention of public nuisance; and the protection of children from harm. The 2003 Act also contains a number of criminal offences, including selling alcohol to a child under the age of 18 and selling alcohol without a licence The Government believe that the focus on the four licensing objectives provides sufficient safeguards for the sale of alcohol. It would be contradictory and disproportionate to regulate the sale of liquid alcohol but make alcohol illegal when it is provided in another form, such as powder or vapour. The classification of harmful drugs in the 1971 Act is predicated on an assessment of their respective harms and in accordance with recommendations made by the Advisory Council on the Misuse of Drugs. The 1971 Act places a duty on the Secretary of State to consult the advisory council before bringing a substance within the controls provided for in that Act Quite apart from questions over the merits or otherwise of controlling powdered and vaping alcohol in this way, the absence of such a consultation having been carried out means it would be inappropriate to amend the 1971 Act in the manner proposed by this amendment. The Government are not aware of any evidence that the harms posed by powdered and vaporised alcohol are such that it is necessary to consider controlling it as an illegal drug. Powdered and vaporised alcohol are not substances of which the misuse is having or capable of having harmful effects sufficient to constitute a social problem, as is the test under the 1971 Act. Unless and until there is evidence to suggest that these forms of alcohol are meeting that test, I believe that a regulatory approach is the appropriate one. Clause 120 will ensure that the four licensing objectives continue to be met despite innovations in alcohol products and that the public, especially children, continue to be protected from irresponsible sales of alcohol. On that basis, I would ask the noble Lord to withdraw his amendment.
Policing and Crime Bill — House of Lords, 2016-12-07
Topic: Transportation
John Attlee (Conservative, Centre-right): My Lords, I oppose these amendments. I attended the meeting yesterday with my noble friend Lady Berridge and other noble Lords. We all agree that any alcohol in the blood will adversely affect someone’s driving. There is no doubt about that. As regards Amendment 175 about young drivers, this is not a matter for my noble friend the Minister in the Home Office but I was very disappointed that the Government wimped out on graduated driving licences, but of course that is another matter I am far from convinced that the experiment of lowering the blood alcohol level in Scotland will have the desired effect. I worry that it may even have a negative effect. We will have to wait and see. Next year we will get the statistics from Scotland and have them analysed carefully and we will know for certain which side of this debate is right and which is wrong. If I am wrong, I will be perfectly happy to say, "I was wrong". The wise course of action will be to wait and see and get those results from Scotland and, if necessary, put pressure on the Government to make sure that those results are analysed skilfully and quickly I will say a word about the rural economy. If this change is the right change in terms of road safety, we should do it. In this ongoing debate, I have not heard any new arguments in the past few years. If the Opposition want to support these amendments, they will have to explain what has changed. The party opposite, when in government, had at least two excellent Ministers for Road Safety and the very same arguments that have been presented today were presented to those Ministers but they did not make the change. If the noble Lord, Lord Rosser, supports the amendment, I would love to know what has made his party change its position.
Policing and Crime Bill — House of Lords, 2016-12-07
Topic: Transportation
Elizabeth Rose Berridge (Conservative, Centre-right): My Lords, I am grateful to noble Lords who supported this amendment and particularly to the noble Lord, Lord Paddick, for pointing out that this is an increasing problem, proportionately, within the number of deaths on our roads. I was not surprised to hear my noble friend the Minister refer to the enforcement point on which the Government rely in this matter. We must pay tribute to our police but the Police Federation supports a reduction in the alcohol limit. If that were the main solution and there would be no effect from this amendment, I do not think that the police would be asking for a reduction in the limit I was disappointed that my noble friend did not take on board the point that 60% of these accidents involve young people—I think that it rises to 80% in rural areas. These are not the selfish and dangerous drivers. Interpretation of the evidence is that this provision would have an effect, as the noble Baroness, Lady Hollins, outlined. We will always be left with a rump of people who disregard the law completely but the NICE study on this outlined that changing the limit down to 50 milligrams, or any change, would affect behaviour across the board I have to join with other noble Lords in saying that I am grateful to my noble friend the Minister for outlining that the advice is still, "Don’t take the risk—don’t drink and drive", because it was not what was outlined in the Daily Mail today, where the message was actually quite disturbing. I am also disturbed that my noble friend has not been able to outline any other action to try to reduce this trajectory of deaths, which has flat-lined at 240 a year for five years. No other solution is being put forward by the Government to say what they will do to trigger a decline in those deaths.
Policing and Crime Bill — House of Lords, 2016-12-07
Topic: International Affairs
Caroline Chisholm (Conservative, Centre-right): My Lords, financial sanctions are an important foreign policy and national security tool. Their effective implementation and enforcement are vital to their success. In order to ensure that financial sanctions enforcement is appropriately targeted and proportionate, it is important that a range of alternative enforcement options are available, such as the monetary penalties provided for in Part 8 of the Bill The permitted maximum penalty is set at the level of £1 million or 50% of the value of the breach. This level is considered to be adequate to disgorge profits made from financial sanctions evasion and provide a sufficient incentive to improve future compliance in cases where prosecution is not warranted In its current form, the Bill states that a decision to impose a civil monetary penalty will be made by the Treasury, and the person upon whom a monetary penalty is imposed has the right to request a review of the decision by a Minister in person. The Minister may uphold the decision and the amount of the penalty, uphold the decision but change the amount of the penalty, or cancel the decision. The Bill does not currently provide the individual with any right of appeal, although both the decision of the Treasury and that of the reviewing Minister are within the scope of a judicial review application. Following further consideration, however, we have concluded that it would be appropriate to provide for a right of appeal to the Upper Tribunal, and Amendment 177 amends the Bill accordingly. Such an appeal route will ensure that there can be a full-merits hearing on points of law and fact, whereas a judicial review hearing in the High Court can examine only points of law Amendments 178 and 179 address a separate point. Clause 141 permits the Treasury to extend temporary sanctions regimes and temporary designations to the Crown dependencies and the British Overseas Territories, to ensure that financial sanctions take effect in these territories "without delay", as required by the resolutions of the United Nations Security Council. However, we have always been clear that the power will not be used in respect of any territory that takes its own measures to apply financial sanctions without delay. In recent weeks the Government of Jersey have taken their own legislative steps to implement sanctions without delay. That being the case, the Government of Jersey have requested that reference to them be omitted from Clause 141. Amendments 178 and 179 give effect to that request. Of course if any other Crown dependency or overseas territory takes similar steps to Jersey, the power in the clause will not be used in relation to that territory. However, as the other territories have not yet done so, it is prudent to retain them in scope for the time being. I beg to move.
National Citizen Service Bill [HL] — House of Lords, 2016-12-07
Topic: Social Welfare
James O’Shaughnessy (Conservative, Centre-right): My Lords, before I address the amendments in this group, I thank the Minister for his comments on the previous group. I did not say anything because I did not think anything more needed to be said, but the amendment is very welcome and a sensible compromise on the part of the noble Lord, Lord Blunkett There are two definitions at play in this group of amendments. The first is around the intention of the trust, as it were, in its impact on the wider social action sector, as addressed in Amendments 2 and 4. The other is more about reporting the consequences of those actions, as addressed in Amendment 8. I have a great deal of sympathy with the amendments in the name of the noble Baroness, Lady Royall. I think we all want the NCS to be a spur rather than to crowd out wider social action. Like her, I am extremely committed to promoting the idea of a journey of service Whether these amendments are needed is in question. The evidence on the NCS so far is that it is acting as a spur through its commissioning work. It is not a direct delivery agent itself. I forget how many new and established agencies it commissions through its work, but it is clearly already providing income and capacity for the sector and it is difficult to imagine that it will not do more of that as it grows. If my noble friend the Minister were to give a commitment on a review, I hope that would satisfy the intent of Amendment 4 Amendment 8, in the names of the noble Baroness, Lady Barker, and the noble Lord, Lord Wallace of Saltaire, is a bit more difficult because it is about what happens afterwards as a consequence of the action rather than the intention. It would certainly add to the reporting burden. I am also not sure whether it is the sort of thing on which the NCS Trust would have the capacity to report. It strikes me that the noble Baroness is asking for something that is more properly the work of the sponsoring department, rather than the delivery agent itself. Therefore, although I understand why she has tabled the measure and I understand the concern in all the amendments in this group to make sure that the impact is positive rather than one which crowds out other provision, I am not sure that the suggestion in Amendment 8 is proportionate in terms of the functions and purpose of the NCS Trust, nor would it be productive.
National Citizen Service Bill [HL] — House of Lords, 2016-12-07
Topic: Social Welfare
Thomas Ashton (Conservative, Centre-right): My Lords, I am grateful to all noble Lords for their contributions. I think we can find a way forward on this. The issue here is twofold: what impact does the trust have on the youth sector, and what impact should it have? Amendment 2 would require the trust to have "due concern" for its impact on existing youth provision. Amendment 4 would require it to achieve positive impacts by promoting the youth social action journey. Amendment 8 would require it to report on both topics Throughout the passage of the Bill, I have been clear about what the NCS Trust is here to do. Its sole job is to provide NCS in England, so its "due concern" is just that. The primary functions of the trust must relate only to the trust’s promotion of NCS, and its job to arrange for the programme’s delivery. On that, we have to remain firm. However, this is not to say the trust exists in a vacuum, as I think the noble Baroness, Lady Barker, implied I was implying. A national programme such as NCS will have a significant presence in the youth sector and will work with many youth organisations. I agree that the trust must take this presence and these relationships seriously. It would benefit nobody, not least the NCS, if the trust were not to put these considerations to the fore of its strategic priorities That is why I can commit to a change to the draft royal charter for the NCS Trust. The charter will be the trust’s constitutional document; the trust must hardwire every element of it into its day-to-day operations. I hope this will enable me to dispel the rumour that the noble Baroness, Lady Barker, gave out, that I want to isolate the NCS. At the moment, as I have said many times, it deals with more than 200 different organisations, and we expect it to do that, continue to do that and expand that relationship.