argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: International Affairs
Martin Callanan (Conservative, Centre-right): My Lords, Amendment 81 in the name of the noble Baroness, Lady McIntosh of Pickering, concerns the core concept of this Bill, namely that it preserves and makes functional the law at the moment of the UK’s exit from the EU. As the long and learned debates in this House and the other place demonstrate, this is of course something much simpler said than done. We can all agree that the law in the UK should not be considered deficient simply because the EU adopts a new law once the UK has left. The Bill reflects that with the provision in Clause 7(4) and, therefore, this would not constitute a valid trigger for the use of the power in Clause 7(1) It is also the case that the law is not deficient simply because EU law, as is often the case in some areas, contains provisions that are adopted before our withdrawal but only come into force or apply after exit day. This reflects the approach taken in Clause 3, which provides for the conversion of direct EU legislation that is operative in the UK immediately before exit day. As the Government set out when we debated Clause 3, we believe that it is right that we incorporate only that law which is operative at the time of our exit. It is surely not taking back control to this Parliament and the devolved legislatures if we simultaneously preserve the automaticity of new provisions of what was EU law becoming operative in our law, months or perhaps years later. It would be unacceptable for EU law provisions to flow automatically into the UK many years after we have left and would undermine the clarity and certainty this Bill is designed to provide. That is why Clause 3 preserves only the law as individuals and businesses were bound by it immediately before exit day, and why that decision is reflected in Clause 7(4), which makes it clear that the law is not deficient simply because it does not contain planned future changes to EU law. In preserving EU law, the Government have drawn a line in the legal sand on exit day. Wherever the line was drawn, the outcomes would, of course, please some and not others. I note that the controversial ports regulation, although already in force, will enter into application only days before exit day. Clause 7(4) merely reflects this line in the legal sand.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: International Affairs
Martin Callanan (Conservative, Centre-right): No. As I have made clear throughout the Bill, our minds are not closed on many of these matters. I think I gave the noble Baroness an example. It is a difficult distinction to draw about what is making policy or what is a policy choice. As I said, the choice between two regulators can be said to be a policy choice, but it is certainly not our intention to use any of the power in the Bill to massively expand on different levels of policy. It is our intention to impose a snapshot on exit day and ensure that the law is compliant and tidy, as we have said.
European Union (Withdrawal) Bill — House of Lords, 2018-03-07
Topic: Government Operations
Rosalind Altmann (Conservative, Centre-right): My Lords, I have added my name to these amendments. I believe that public bodies should be established by primary legislation. Parliament must have the opportunity to properly scrutinise and access the expenditure associated with trying to replicate bodies to which we already belong. The Bill, and in particular Clause 7, contains elements that are frightening to those of us who believe in parliamentary democracy. Handing such powers to the Executive is a gross dereliction of duty. I encourage my noble friend to urgently ask his department to reconsider the Government’s current intention to leave so many excellent EU agencies and try to recreate our own versions.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: International Affairs
Patrick Cormack (Conservative, Centre-right): My Lords, of course we should recognise those who have made sacrifices for us in the past, and at the same time we should not forget how many of them were British We have had some very eloquent speeches in this debate, and I have perhaps made the mistake of listening to all of them. I hope that no one in your Lordships’ House would question my commitment to human rights, nor question my commitment to staying in the European Union—and I have spoken to that effect many times in your Lordships’ House. I very much hope that, if Brexit comes to pass—as I fear it will—it will be a soft and understanding Brexit. But I have been persuaded this afternoon by the very eloquent speeches not of the noble Lord, Lord Pannick, who nearly always persuades me, but of the noble and learned Lord, Lord Brown of Eaton-under-Heywood, the noble Baroness, Lady Deech, and my noble friend Lord Faulks. The fact is that we are—deeply as I regret it—moving away from the European Union. I hope that we will indeed be able to move out with the deep and close relationship about which the Prime Minister is always talking. But we are moving out, and when this particular document was being adopted no one argued more eloquently against its generalisms than the noble and learned Lord, Lord Goldsmith. He did not see why we should sign up—but we did. If we were remaining in, we would of course remain signed up; it would be the right thing to do. However, as we are moving out, we have to dismiss the preamble and Chapter V We also have to ensure that this country, which through the centuries has been both a bastion and a beacon of liberty and human rights, honours its own history and continues to give an example to others. At the end of the Second World War, people looked to us and we, more than any other country, helped to put Germany together again as a democratic nation leading not only in Europe but in the world. We have not forgotten all those things, nor given up all those abilities and techniques—and we will have to exercise them again in the future Last week, without any hesitation, I voted for two amendments. I know that I shall be voting for others, because I think they are essential. In doing so, I shall be voting for the other place to reconsider and think again, although I have always acknowledged—and do again now—that the ultimate power rests at the other end of the Corridor. However, I have been persuaded this afternoon that this amendment is something that we do not have to do. Although I came into the Chamber rather thinking that I would abstain, which is an honourable course but not a comfortable one, I will not support this amendment, because I do not think that it is necessary or realistic. The powerful speeches which the House has heard this afternoon from those who are learned in the law do on balance, in my mind at least, outweigh for once—it is an unusual if not unique occasion—the forensic ability and marvellous eloquence of the noble Lord, Lord Pannick.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: International Affairs
Richard Keen (Conservative, Centre-right): My Lords, I wonder whether, with the permission of the House, I might respond to the noble Lord, Lord Pannick. I appreciate that there may be other contributions, which I will seek to answer, but it may help the House if I indicate the Government’s position on the four propositions put forward by the noble Lord, Lord Pannick, so that we can be clear on the way forward. I shall seek to move government Amendments 23, 24 and 25, which directly address and respond to the concerns raised by many noble Lords when your Lordships last debated the matter in Committee. I hope that noble Lords will support those amendments; I note in passing that they bear a striking resemblance to Amendment 21, tabled by the noble Lord, Lord Pannick, and Amendment 22, tabled by my noble friend Lord Faulks, whom I cut across a moment ago For the avoidance of doubt, I want to make clear that the provision in Clause 6(2) does not seek to legislate to give effect to the content of a withdrawal agreement or implementation period. If there is a role for the Court of Justice as part of that agreement, as has been set out in the joint report on citizens’ rights, it would be legislated for under the separate withdrawal agreement and implementation Bill. I reiterate that Clause 6(2) has always intended to make clear that, after exit, UK courts will no longer be bound by future judgments of the Court of Justice. Instead, our courts will be free to take them into account when making their decisions, just as they would also be able to consider anything done by another EU entity or the EU itself. This approach reflects the Government’s core belief that our domestic courts are best placed to consider whether, and to what extent, to have regard to post-exit Court of Justice case law.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: International Affairs
William Spicer (Conservative, Centre-right): My Lords, I shall give a brief lay man’s perspective. Being brief, I shall follow the advice of the late Cecil Parkinson, who said to after-dinner speakers, "Get up, say you’re very proud to stand before them and sit down". I shall be a little longer than that, but not very long I think that we can all agree on one thing: that pretty well all of us had a fixed view on Brexit before this Bill even reached this House. Tactics is a different matter. I am very interested in the remain tactics so far as the generality of the Bill is concerned; I shall come to the specifics in a moment. They seem to be along the lines of: "We absolutely agree that we are coming out—no, we’re serious; we agree we’re coming out—but we’re coming out to a new single market backed by a strengthened court in such a way that it is quite indiscernible that we have come out in the first place". This debate is about the court and what part it is going to play in all this. I think that it is generally accepted that the court is not only very powerful but foreign—my noble and learned friend brilliantly summed up the foreignness of the law being introduced—and different. It is based on politics rather than on precedent in law. I first came to this in 1992. On 3 June of that year, I tabled an Early Day Motion which started the rebellion against the Maastricht treaty, so I have some form. What is the relationship between a debate which was then concerned with the single currency and today’s debate and amendment? There is a close relationship with matters to do with the currency. As Henry VIII recognised, the currency is immensely important. "This Realm of England as an Empire" was all about changing our currency back to gain control over it. The currency is vital, and the question is what the relationship between it and today’s debate is. If we did not come out of the European Union, I would not rely on us retaining our currency and our control over it. It is unimaginable that the European court would decide to run a competitive trading arrangement with the one country left to manage its own economy. It is therefore of enormous importance not only to the future of this country but to this amendment We debated earlier whether it counts for anything that we have become so deeply embroiled in foreign law. I suppose that where I differ from lawyers is that I believe that there are things in politics that matter as symbols, even if the lawyers can prove otherwise. It is therefore vital that we kick out Amendment 21 today.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): My Lords, I am obliged to noble Lords for the contributions that have been made. With respect to the point raised by the noble and learned Lord, Lord Goldsmith, about the position of the Lord Chancellor and the rest of the Government, perhaps I might repeat what I said earlier: I assure the House that the whole Government, the Lord Chancellor especially, steadfastly defend the independence of the judiciary. I believed I had said that before but I am happy to repeat it On this question of the ossification of the law, which has been raised, particularly by the noble and learned Lord, Lord Thomas—indeed, it is a matter that we have discussed—we have to remember that until exit only the Court of Justice of the European Union is in a position to see us depart from a previous decision of that court. The timeline for taking a case through the CJEU does not bear scrutiny in comparison with the timeline for taking a case to the United Kingdom Supreme Court. The feeling of the Government is that if we are removing the Court of Justice of the European Union, it is appropriate to put in its place the United Kingdom Supreme Court in that context, and that is what we have sought to do and what we intend to do That is a policy decision, I appreciate, and there is a suggestion that perhaps it can be brought down to the Inner House of the Court of Session, and the Court of Appeal. That has been considered, but we do not feel at this time that that is the right way forward, so I cannot give any reassurance that we intend to revisit that point. I feel that the decision we have made is the appropriate one in the circumstances but clearly we will have to consider in due course whether that gives rise to any difficulties with respect to the reference of cases to the Supreme Court As the noble and learned Lord, Lord Goldsmith, is aware, it is open to the Supreme Court to, in effect, accelerate cases that it considers to be of particular materiality of importance. Therefore, that facility is already available. But I have discussed this matter with the noble and learned Lord, Lord Thomas, and it is not our intention to revisit it before Third Reading. I hope that noble Lords will be able to support the government amendments.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Environment
William Fletcher-Vane (Conservative, Centre-right): My Lords, as much as by anything else, I was prompted to sign the amendment because I was unclear as to precisely what the Government’s plans might be in this area. As we all know, one of the basic principles of the Bill is to parachute existing EU law into domestic legislation so that on Brexit day minus one and Brexit day plus one, the rules to be adhered to will be the same—albeit that the constitutional framework and administrative structures around them may be quite different—so that, in the real world, it is a seamless transition Failure to bring that about will not only breach the principles behind the Bill but, probably at least as important, it is likely to bring chaos. One attribute of environmental law—I generalise—is that it is principles-based in its operation, involves a whole range of bodies and is in turn integrated with a whole lot of laws of different kinds around the world. I am concerned that the way that this sector works could mean that the seamless transition that we are looking for and discussing will not work in this context in accordance with the principles behind the Bill, because of recent political discontent echoed about some aspects of it. I am looking for reassurance.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Environment
Patrick Cormack (Conservative, Centre-right): My Lords, there are plenty of people around to go into the Lobbies tonight, so it is terribly important that the Minister responds very clearly to my noble friend Lord Deben and the others who have spoken We must not be complacent about this. We are a land not without litter; we are a land which still has polluted waterways; we are a land with beaches that are, frankly, a disgrace. Much has been achieved, and much that has been achieved has been because of standards laid down by the European Union. We wish to go not backwards but forwards. I made two long journeys yesterday: I drove from Lincolnshire to Staffordshire and from Staffordshire to London and, as always when I am driving, I was deeply depressed by the amount of litter in our countryside. We want a body to be set up that has real teeth, we want regulations and real penalties, and we want a land that we can all be proud of, even those who believe that mistakes have been made over the whole issue of the European Union As my noble friend Lord Deben so eloquently said, this ought to be an issue on which we can all unite. The amendment is extremely good, and I hope the Minister can assure us that something very like it will be in the Bill before we send it back to another place.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Environment
Martin Callanan (Conservative, Centre-right): That is not part of the amendment we are discussing, but I am happy to provide the noble Lord with that reassurance. Yes, we are discussing the exact nature of our participation in the various agencies during the implementation period I hope the commitments that I have made, in particular on the fact that the consultation on environmental principles will be published ahead of Third Reading, are sufficient for your Lordships to feel able not to press the amendment.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Environment
John Gummer (Conservative, Centre-right): I am very pleased with what my noble friend said about the environmental principles and the like, but will he confirm that, if the House feels, when those principles are published, that they are not sufficient and that we need to bring at least part of what we tabled here into the law of the land in the Bill, it will be possible for an amendment of that kind to be brought forward on Third Reading?
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: Environment
Martin Callanan (Conservative, Centre-right): Yes, we are saying that we will be able to address this issue again after noble Lords have had a chance to look at the consultation on the statement of principles and the consultation on the new environmental body I hope my reassurances are enough to enable noble Lords not to press the amendment and that they will take the opportunity to consider the contents of the consultation before we get to Third Reading.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: International Affairs
Annabel Goldie (Conservative, Centre-right): My Lords, I am grateful to the noble Lord, Lord Wallace of Saltaire, for bringing attention to this important issue in his Amendment 29 and I welcome the opportunity to set out the Government’s position in this vital area I begin by emphasising that the UK is unconditionally committed to European security. We want to continue working closely with our European partners to keep all—all—of our citizens safe. There is mutual benefit in such proximity of relationship; frankly, to think otherwise would be plain daft As the Prime Minister underlined in her Munich speech, this is not a time to inhibit our co-operation or jeopardise the security of our citizens. We want to find practical ways to continue working with the EU to protect our citizens and safeguard our shared values and interests. That speech, as the noble Lord, Lord Wallace, suggested, set out the new deep and special security partnership we want to develop with the EU, including our ambition to retain the co-operation we already enjoy with member states and to go further to meet new threats The Government are clear that we must do whatever is most practical and pragmatic to tackle real-world challenges. I must thank the noble Lord, Lord Kerr, who acknowledged the importance of what the Prime Minister was saying in her speech. As an example of our ambitions, the UK aims to continue to develop capabilities to meet future threats. On defence, that means agreeing a relationship between the UK and the European defence fund and the European Defence Agency It is important to observe that our security interests do not stop at the edge of our continent. As a permanent member of the United Nations Security Council, a leading contributor to NATO and the United States’ closest partner, we have never defined our approach to external security primarily through our membership of the EU. On leaving the EU, it is right that the UK will pursue an independent foreign policy, but the interests which we will seek to project will continue to be based on shared values Amendment 29 seeks to do something else: to ensure that the Government endeavour to secure future co-operation in the field of foreign and security policy. As I have set out, this is a top priority for the Government. The amendment also seeks to ensure that relevant EU law and regulations are integrated into UK legislation. I suggest to the noble Lord, Lord Wallace, that this is unnecessary in the face of the Bill’s explicit provisions. The Bill will incorporate EU regulations and decisions applying in relation to the UK, and any directly effective rights, obligations, powers, liabilities, remedies, restrictions and procedures arising under treaty articles at exit day. Our approach is one of maximum continuity. No further provision is needed to ensure that the Bill can fulfil this vital aim It is for those two reasons that this amendment, I would argue, is unnecessary. I therefore ask the noble Lord to withdraw it. I clarify that this is not a matter to which the Government propose to return at Third Reading.
European Union (Withdrawal) Bill — House of Lords, 2018-04-23
Topic: International Affairs
Martin Callanan (Conservative, Centre-right): It is certainly our intention but, as I have said, these are bilateral relationships and the discussions are continuing. That is one part of the withdrawal agreement that was not quite finalised and so, literally, discussions are continuing on it The noble Baroness, Lady Ludford, also asked me about databases and the use of EU data on UK databases and vice versa. This is also a matter for negotiations. Our aim is to ensure that we and our EU partners continue to share and use personal data where there are clear benefits to public safety, subject of course to the appropriate safeguards For all of those reasons, and given the Government’s clear intentions to continue and strengthen our close collaboration on security, law enforcement and criminal justice after we leave, and given that the new clauses exceed the purpose of this Bill, I invite the noble Baroness to withdraw her amendment. For the sake of clarity, I should say that the Government will not reflect further on this amendment and so, if the noble Baroness wishes, she should take the opportunity to test the opinion of the House this evening.