argyrotsipi/train-dataset huggingface dataset:
Recall of MPs Bill — House of Lords, 2015-01-14
Topic: Law and Crime
Archibald Gavin Hamilton (Conservative, Centre-right): But does the noble Lord not accept that, if the recommendation of the report is that the Member should be found guilty, the sentence is in the hands of the committee? This is what we are really arguing about, because it is when it comes to the sentence that party politics come into play. Therefore, because there is a party balance in one direction, you shove it over the 10 days, and because it is a party balance in the other direction, you put it at nine days. It is the sentence that is the critical thing, not the verdict.
Recall of MPs Bill — House of Lords, 2015-01-14
Topic: Law and Crime
Michael Bruce Forsyth (Conservative, Centre-right): My Lords, before the noble Lord finishes his remarks, I take him back to the justification which he gave for the 10-day issue, which was that two colleagues who had committed serious offences in the past would not have been caught. Does he really think in the current climate, whatever the number is—whether it was 10 days or 20 days—that they would not have found themselves subject to recall? Therefore surely the logic of his position is incorrect. By setting it at 10 days, we limit the spectrum of penalties that can be put forward. To argue that because in the past a view would have been taken that was less than 20 days does not actually fit in with the spirit of the age. If this Bill is passed and becomes law, it is inconceivable, I would have thought, that the Standards Committee would not look beyond 20 days. This is a self-fulfilling argument that has narrowed the scope for the House to show that it has taken a tough line.
Recall of MPs Bill — House of Lords, 2015-01-14
Topic: Government Operations
Michael Bruce Forsyth (Conservative, Centre-right): Before my noble friend concludes his remarks, would he do us the courtesy of dealing with the argument about 10 and 20 days? I listened very carefully to what he said and the only justification he put forward was that this was passed by the House of Commons. There have been a number of speeches making very pertinent points about ensuring that there is public confidence in parliamentary procedures. Will the Minister explain why the Government are rejecting those arguments?
Recall of MPs Bill — House of Lords, 2015-01-14
Topic: Government Operations
John Eric Gardiner (Conservative, Centre-right): My Lords, I thank the noble Lord for his probing amendment and the debate that we have had on it. As he said, his amendment would introduce a further recall trigger where an election court finds a person or persons guilty of illegal practices in respect of a parliamentary election. The noble Baroness, Lady Hayter, rightly asked what consideration has, and could be, given to this suggestion Under the Representation of the People Act 1983 the result of an election can be challenged by any eligible person by lodging a petition with the relevant election court. The election court will first consider whether the MP was fairly returned. If the court, upon hearing the evidence, finds the candidate or other persons guilty of corrupt or illegal practices, it will produce a report. Any report produced will state the names of all persons who have been proved at the trial to have been guilty of corrupt or illegal practices, and it will be laid before the Director of Public Prosecutions A candidate or other person reported as guilty of corrupt or illegal practice shall not be able to: register as an elector or vote in any local government or parliamentary election held in the United Kingdom; be elected as an MP; or hold any elective office. In the case of a person reported as guilty of a corrupt practice—for example, personation—these incapacities will apply for five years. A person found guilty of an illegal practice—for example, double voting—will be subjected to these incapacities for three years. The incapacities will apply from the date of the report, and the person must vacate any elected seat held Under the noble Lord’s amendment, if an election court found that illegal practices by a person or persons had resulted in the election of an MP, but the MP was not found guilty of any offence, this would automatically trigger a recall petition. However, under Section 167 of the Representation of the People Act 1983, an MP would automatically be guilty if his agents were found to have engaged in corrupt or illegal practices during the election, and would therefore have to vacate his seat If the noble Lord believes that an MP should not automatically be found guilty because of the actions of others in securing his seat, that would require an amendment to the Representation of the People Act. I am sorry to disappoint the noble Lord, but it is the Government’s view that the system and penalties that we currently have in place under that Act are sufficient. For that reason, I ask the noble Lord to withdraw his amendment. I am most grateful for the comments that have been made. Although I cannot promise to bring anything more back, this has been a very interesting debate.
Recall of MPs Bill — House of Lords, 2015-01-14
Topic: Government Operations
Archibald Gavin Hamilton (Conservative, Centre-right): Was it not a very great mistake, if the Fixed-term Parliaments Bill was going to be introduced merely to suit this coalition Government, not to have given it a sunset clause so that it does not go on into the next Parliament?
Assisted Dying Bill [HL] — House of Lords, 2015-01-16
Topic: Law and Crime
Edward Faulks (Conservative, Centre-right): My Lords, it is not a question of sympathy. As the noble Lord well understands, it is a question of not committing a future Government as to how they would respond to this position It might help if I clarify that the scope of civil legal aid is set out in the LASPO Act 2012. It provides that civil legal services are to be made available subject to satisfying the means and merits and the matter or type of case being within the scope of the civil legal aid scheme. In order to bring a matter within the scope of the civil legal aid scheme, an amendment to Part 1 of Schedule 1 to LASPO would need to be made. The power to make such an amendment by way of affirmative secondary legislation is already set out in LASPO. It would therefore be unnecessary and not usual practice for separate provision to be made in other primary legislation to provide such a power That is the position quite apart from the question of exceptional funding, which is concerned, as I said when we were last in Committee, with matters where it could be said that there was a violation of the convention right or, alternatively, a violation—although I do not think it is relevant—of some provision of EU law. That remains an uncertain provision, but it could potentially be relevant, so that is my answer.
Assisted Dying Bill [HL] — House of Lords, 2015-01-16
Topic: Law and Crime
Michael John Dobbs (Conservative, Centre-right): That is precisely the sort of clarity that the proponents of the Bill wish to bring about. We are trying to change the law and any change in the law involves in the short term a degree of confusion. But once the Bill has been passed, as I know it will be eventually, I believe that the country will clearly understand what this is about. If we look at the way that this is being operated in other parts of the world, such as Oregon, there is no confusion.
Assisted Dying Bill [HL] — House of Lords, 2015-01-16
Topic: Social Welfare
Rodney Elton (Conservative, Centre-right): My Lords, the point has been made, as though this closes the need for a definition, that a definition in the form DS 1500, which the noble Lord, Lord Warner, and many others have referred to, has already been passed by Parliament. I merely want to say that the need for precision when it is a question of providing social services benefits in cash or in kind is much less demanding than the need for precision when the question is pulling the plug on somebody’s life. Therefore, it is not unreasonable to return to this issue.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Michael Bates (Conservative, Centre-right): My Lords, the Government have tabled this amendment to provide that civil legal aid may be made available at hearings of applications to extend the 14-day time period in which an individual’s travel documents may be retained in England and Wales. This issue was raised by my right honourable friend Dominic Grieve in Committee on 15 December and it is a matter in which the Joint Committee on Human Rights has expressed an interest Legal aid for judicial review is already available in England and Wales, subject to the statutory means and merits test, including for legal challenge by those subject to the temporary passport seizure power. However, this amendment is necessary to ensure that, subject to the means and merits test, civil legal aid may be made available in relation to applications to extend a temporary passport seizure to a district judge—magistrates’ courts— in England and Wales, as set out in paragraph 8 of Schedule 1 to the Bill The Scottish Government have confirmed that civil legal aid is already available in Scotland under the Legal Aid (Scotland) Act 1986. The secondary legislation which sits under that may require some amendment and that will, of course, be taken forward through the Scottish Parliament. We are speaking to the devolved Administration in Northern Ireland about whether civil legal aid is already available there, subject to the statutory means and merits test, for individuals subject to the power in that jurisdiction. If an amendment is necessary to cover the availability of legal aid in Northern Ireland, we will bring one forward in due course Amendment 1 will amend Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or LASPO for short. It will add the provision of legal aid in the proceedings set out in paragraph 8 of Schedule 1 to the Bill as a form of civil legal services for which legal aid may be made available in England and Wales. The matters covered are subject to all the exclusions set out in part 2 of Schedule 1 to LASPO. The amendment also ensures that advocacy before a district judge—magistrates’ courts—may be included in the civil legal aid that may be made available for these proceedings by amending Part 3 of Schedule 1 to LASPO The amendment does not alter the statutory means and merits test, nor does it make civil legal aid available for any other civil legal services in England and Wales. The Government consider that an amendment to the scope of the civil legal aid scheme in England and Wales is appropriate in these circumstances due to the important nature of the proceedings set out in paragraph 8 of Schedule 1 to the Bill, the limitations on an individual’s ability to present their own case in these circumstances and the absence of an alternative route to resolution. I beg to move.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Michael Bates (Conservative, Centre-right): My Lords, I shall try to deal with the point raised by the noble Lord, Lord Rosser, although I acknowledge that I do not have a specific heading relating to it and I may have to write to him to expand on it. Currently, the availability of legal aid depends mainly on where the proceedings or legal processes are taking place, which is related to the point made by my noble friend Lady Hamwee. In general, if the proceedings or processes are taking place in England and Wales, the individuals involved can apply for civil legal aid so long as the matter is within the scope of the LASPO merits and means tests. The noble Lord asked about that precise issue and how that will be applied. If notes are not able to reach me by the time I sit down, I will put that in writing We will come to the other point made by my noble friend Lady Hamwee in more detail in later groupings. What we are talking about here is the first period where the issue of the temporary seizure of a passport comes before the courts, what representation is made, how it is funded and how it is made available. There is not a legal process before that, which is a matter that can be debated later on and we will have responses to it later on. We are talking here about the 14-day point at which it comes before the court for approval to extend the period of seizure up to 30 days. With those explanations and the assurance that I will come back to this matter, I hope that the amendment will be agreed.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Peta Buscombe (Conservative, Centre-right): My Lords, I, too, would like to understand from the shadow Minister opposite why a period of two years has been chosen. What is the logic? In seeking to explain Amendment 2, he appears to have concluded that there is a strong chance that this measure may not be necessary at the end of a two-year period. I wish that he was right on that—even if he had a hunch that it could be right—but all the commentators that one has been listening to, some more expert than others, have explained to us, as have the Government, that we will probably face great difficulty in the area of counterterrorism for a number of years. In that case, I suggest that a two-year period is far too short, indeed unreasonable, given that an affirmative resolution of both Houses takes time and energy away from the job in hand On Amendment 3, I made clear at Second Reading that I support the independent reviewer having the opportunity to review this legislation in the fullness of time. However, I think that producing an annual report is far too onerous and unnecessary. I do not support these amendments.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Peta Buscombe (Conservative, Centre-right): Can the Minister also tell us now, or at a later stage, whether sunset clauses were imposed by the then Labour Government in the anti-terrorism Acts of 2000 and 2001 and, if so, what the terms were?
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Government Operations
Michael Bates (Conservative, Centre-right): I see the distinction between the issues—as did the other place and the Constitution Committee. But in this area, we believe that a sunset clause is not necessary in relation to this chapter of the Bill. In other parts, such as Part 2, when we will come to TPIMs, the sunset clause is there. It is not a general principle written through the Bill; we are looking at this area by area, and we remain open to advice from your Lordships’ House, Parliament and the independent reviewer as to what their thoughts are on the necessity of that People have not happened upon the sunset clause up to now because they have found it too difficult to arrive at a precise point for where the amendment should be. Should it be at two, three or four years? We have heard a range of different discussions. It remains there, open to review, and the procedures will be subject to regulations, which will give rise to further debate and scrutiny, but it is not appropriate to offer a fixed and arbitrary time limit for this chapter of the Bill.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Michael Bates (Conservative, Centre-right): I will check this, because it is a very important matter, but intuitively my belief would be that the answer is yes, because they would be in the United Kingdom and they would be reasonably suspected by the authorities or the police of intending to travel overseas from this country for terrorist-related activities. I will check on that and if it is not the case I will write to the noble Lord.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: International Affairs
Michael Bates (Conservative, Centre-right): I am just looking for help in order to answer my noble friend Lady Hamwee. The answer that I gave on diplomatic immunity was that, under international law and treaties, diplomats may enjoy certain immunities, and this power could not be used in breach of those. Therefore, that is clear. In relation to the point that the noble and learned Lord, Lord Hope, and the noble Lord, Lord Pannick, raised on transit passengers, my briefing note says, reassuringly, "Yes, your answer was accurate". That is helpful. There may be cases where it is appropriate to use this power against transit passengers and, in practice, these will mostly occur following prior information provided to the police about an individual’s intention to travel. The power can be exercised both air side and land side, including against passengers who do not present at immigration control. I hope that that is helpful to noble Lords.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Thomas Ashton (Conservative, Centre-right): I take on board the point made by the noble and learned Lord. I will go back and make sure first of all that I have understood it correctly and then that we have looked at this, though I cannot give any guarantee as to the outcome On the basis I have outlined, I hope that noble Lords are reassured that this is specifically to do with acts of terror, and I invite my noble friend to withdraw the amendment.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: International Affairs
Sayeeda Warsi (Conservative, Centre-right): Following on from my noble friend’s comments, would our response and assessment of what would amount to reasonable grounds differ depending on the country that was making that request and on the laws of that country?
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Michael Bates (Conservative, Centre-right): I am happy to expand further on that but, effectively, the justification I referred to was that the police officer would have had to have arrived at a position where he believed that there was a reasonable suspicion, and that the reasonable grounds test had been met. He would then have to justify that to a senior officer of the rank of superintendent or above and then, after 72 hours, that would have to be a chief superintendent and it would have to go to the chief constable, so it was in that setting that I was referring particularly to the justification rather than gisting.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Peta Buscombe (Conservative, Centre-right): My Lords, listening to this debate and a debate on the previous amendments, some of which I was listening to on my screen elsewhere, I say we must not lose sight of just what an incredibly difficult task our intelligence services and police face in relation to counterterrorism. As I said at Second Reading, we do not know all that the intelligence services know. We must not tie their hands too much and be too prescriptive. I suggest that these powers are not being sought lightly. We have to be really careful when we debate "how many hours" and "as soon as possible" in Committee to step back now and again to remind ourselves why we are here and what we are debating With specific reference to these amendments, I have some sympathy with my noble friend Lady Hamwee in relation to "possession" or, "under his or her control" That sounds more all-encompassing; perhaps that comes from my legal background as well. It would be good to hear the Minister’s view on this In relation to Amendment 11, "evidence", "as soon as possible" and "12 hours" have been mentioned. We need to give the security services the freedom—if that is the right word—to be able to do their job and need to trust them to some considerable degree to do the right job. I worry about the reference to statistics and so on in relation to later amendments in this group. Of course we must be concerned about discrimination but at the same time how can we know—and how can my noble friend the Minister, with respect, stand here today and say—how many times we think these measures will be sought or used? We are in an incredibly difficult place at the moment on a global level. We have to do all we can to protect our citizens and collaborate with others across international boundaries to ensure to the best of our ability that we can counter terrorism. In that case, we should not ask for statistics at this stage. I understand where and why statistics look good and that we can look back and say that this made sense or that did not, or that it looks as if we have overused this or that power. Let us give the freedom necessary for the security services to do the job properly or to the best of their ability in the most difficult circumstances, remembering also that the circumstances have changed considerably since our last counterterrorism Bill. We are now in a situation where the speed to be able to act is absolutely of the essence, given that so much of this relates to information and evidence coming from possibly multiple sources and often digitally, in which case with enormous speed. We are asking our security services to act in response to that speed and the speed with which the perpetrators, those who we are seeking to prevent from carrying out terrorist acts, are able to act against us.
Counter-Terrorism and Security Bill — House of Lords, 2015-01-20
Topic: Law and Crime
Sayeeda Warsi (Conservative, Centre-right): My Lords, my noble friend Lady Buscombe makes some incredibly important points, many of which I agree with. Like her I pay tribute to the huge work done by our intelligence services, which are overseen by a very thorough oversight process. Noble Lords will be aware that not all services are perfect and mistakes can be made and it is therefore important that all our services, including our intelligence services, work within parameters The lawyer in me always says when I look at legislation, "What is the mischief we are trying to fix?". When we pass legislation it is important that we bear that in mind. While I accept that these are difficult times and it is important to make sure that we are protected, it is also important that we ensure that we do not make the challenges we face worse. Huge progress has been made under this Government with the reform to stop-and-search powers. There has been progress in the right direction with many communities that felt alienated by the use of such powers and felt that their co-operation with, for example, the police would have been so much better had the powers not been exercised in a way that led to profiling and discrimination. We are all aware of arrests made under terrorism legislation that did not lead to charge and charges that did not lead to convictions. The numbers were so overwhelming at one moment that it appeared the powers were being in used in a way that was doing more harm than good. In those circumstances it is important for us to ensure—not just because discrimination is wrong and we should fight it—that in exercising these powers we do not discriminate and make the problem worse. In those circumstances I support many of the comments made by my noble friend Lady Hamwee and the noble Lord, Lord Harris.