argyrotsipi/train-dataset huggingface dataset:
House of Lords: Sittings — House of Lords, 2018-12-20
Topic: Other
Hugh Dykes (Crossbench, Unknown): My Lords, I was hoping that the Labour Chief Whip would be able to summon more colleagues to sit behind him to support his comments. It is not a very good illustration of what should be in order today. I shall speak very briefly, although not so much on the question of the date because the staff of this place need to be able to go to their families for Christmas and the new year with their dates secured and not disrupted by a surprise decision to change the sitting dates. I sympathise very much with them, and we should have regard to them. That is important However, I very much agree with the substance of what the noble Lord, Lord Adonis, said about the under- lying crisis. I am sorry to sound pompous, but there has been a very frivolous reaction so far from the Government Chief Whip and the Labour Chief Whip. They seem to have no anxiety or feeling of crisis about what is going on in this country. It is an appalling situation If I may just reminisce very quickly—
House of Lords: Sittings — House of Lords, 2018-12-20
Topic: Other
James Hope (Crossbench, Unknown): My Lords, my noble friend used the word "frivolous", and I think that was an attack on the Chief Whip and the usual channels, of which I am not part. As I understand it, the aim, which I believe he is achieving, is that this House should express its opinion in a vote before the House of Commons expresses its opinion. He has achieved that in the timetable he has set out. Moving the date to a week earlier achieves nothing because the House of Commons will always be voting in the week it has chosen, so I fully support what the Chief Whip said. I also reject any suggestion that he or the other members of the usual channels who are in their place are being frivolous about this in any way.
Divorce (Financial Provision) Bill [HL] — House of Lords, 2018-11-23
Topic: Other
Ruth Deech (Crossbench, Unknown): My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.
Homes (Fitness for Human Habitation) Bill — House of Lords, 2018-11-23
Topic: Housing
Alexander Carlile (Crossbench, Unknown): If it helps the Minister, I did not immediately realise he was talking about exemplary damages because they are given in very restricted circumstances. It is pretty unlikely that they ever will be given in an ordinary landlord and tenant case.
Civil Liability Bill [HL] — House of Lords, 2018-11-20
Topic: Domestic Commerce
Charles Hay (Crossbench, Unknown): My Lords, I shall speak to Commons Amendment 3 and shall make a general point about all the amendments in the round. I declare my interests as set out in the register—in particular, those in respect of the insurance industry. I would very much like to add my thanks to the Minister, the noble Baroness, Lady Vere, and the Bill team, who have been very courteous and warm as they have engaged with me, particularly on Amendment 3 We spent a lot of time discussing the area covered by Amendment 3 in Committee and on Report, and even slightly at Third Reading. The amendments suggested in this House—there were quite a few of them—had a common theme: they were short and clear, and they instructed the FCA to act, as it were, as the scorer and to work out how it would ascertain whether insurers had in fact handed the money back to customers The section of the policy note, which the Minister referred to, entitled "Context and overall approach to amendment" refers to an intent to: "Hold insurers to account in a way that is sufficiently rigorous", and to: "Avoid intervening in an already competitive market or placing disproportionate burdens on insurers or regulators" I am very grateful to the Minister for confirming that those should be the guiding principles for the FCA as it begins to consider the best way to discharge this duty. I find the three pages of new Clause 11 pretty difficult and they are potentially extremely onerous for insurers. I note that, depending on how you construe new subsection (2), insurers might also have to report on every single comprehensive household policy they have, because injury cover is possibly included in that. I could make other points on that too We now know that this amendment was drafted by a committee full of highly intelligent people, including insurers, obviously very intelligent lawyers, accountants and officials. Of course, we all know that when you put a committee together, you get a camel, and I am afraid that it is a bit of a camel. However, I say again that I am very grateful to the Minister for confirming that the policy note will trump what is in the legislation, as that is important That leads on to my general point about the Bill. In Committee I referred to the 2016-17 annual report of NHS Resolution. It stated that moving the discount rate from +2.5% to -0.75% meant that the cost of medical negligence in the UK every year would rise by an extra £1.2 billion. That means that every day £3.3 million is not being spent on the NHS front line. If the personal injury discount rate, which is in Part 2 of the Bill, went up—perhaps not all the way up to 2.5% but maybe to 1%, which is currently the case in France—that would release around £1.75 million a day to the front line of the NHS. In a nutshell, the quicker this Bill passes, the better. My one question for the Minister is whether he agrees with that point.
Tenant Fees Bill — House of Lords, 2018-11-20
Topic: Housing
John Lytton (Crossbench, Unknown): My Lords, I rise to speak to Amendment 29. I entirely understand the points made by the noble Baroness, Lady Grender. A number of individuals collectively forming "tenant" particularly occurs in London and other metropolitan areas. Those of us who inhabit the countryside tend to have single tenants in a building, rather than a system of sharing I have absolutely no problem with the idea of ensuring that landlords are not overcharging beyond reasonable cost. My concern is that this is beginning to look like micromanagement of the letting process. The question is, "reasonable" by whose standards? For instance, a group of tenants—perhaps four of them—decides to take on a property on a two-year term. Let us suppose they collectively decide that they want to finish the tenancy after one year and want to move out in the run-up to Christmas, which is known to be a difficult time for the letting market because things tend not to get going again until into the new year. By whose standards would "reasonableness" be measured? Would it be by reference to the tenants, who, after all, have agreed to take on the property on a two-year basis and wish to terminate after one year; or by reference to the reasonable costs the landlord would run up in that process? All sorts of things hang on that—for example, rent voids and running costs such as heating and security while the place is unoccupied, were that to happen I appreciate that things get more difficult when you have a number of tenants and one wants to go, because that creates a dynamic which, as the noble Baroness rightly said—and has said previously—affects the other occupants. It would be really undesirable if landlords responded by simply deciding not to agree to early termination. That would be the worst of all possible worlds. As a private sector landlord, I have never used that other than when someone wants to terminate at short notice and before the property can reasonably be re-let. That tends not to happen in the high-pressure circumstances of inner-London shared residential, but with a freestanding property in the countryside, where things are quite different. The Bill will apply across the nation I counsel a little caution here, and perhaps the Minister would care to comment. If the culture creeps in whereby no early termination of a lease is possible or will be agreed, we will be back here later with another measure to say that landlords must provide that facility. I do not see this as necessarily being the endpoint, and I should like to tease out that issue to give some closure on what we are doing with residential landlord and tenant. Hopefully, the situation can stabilise so that everyone will know where they are for, at any rate, the reasonably foreseeable future.
Tenant Fees Bill — House of Lords, 2018-11-20
Topic: Housing
Richard Best (Crossbench, Unknown): My Lords, it is worth underlining that this part of the Bill is an important measure to prevent what is a pretty common abuse, which is, when there is a change of tenancy, at little or no cost to the landlord, the agents involved making serious amounts of money, which the Bill would prevent them doing in future At Second Reading, I cited an illustration from my last intern, whose sister was taking her place in a flat share of three. Each of them, on entering the flat, needed to pay the agent a fee of £275 for the privilege of signing up. When one of the occupiers left and was replaced by her sister, the outgoing one was charged £250 for termination of the tenancy agreement and her sister, who was moving in on the same day with her packed suitcase, was charged £275 as a new tenant. The agents got £525 for this transfer from one sister to another. The landlord received exactly the same amount of rent, because there was no discontinuity in the rent paid In such circumstances, paying £50 as a takeover fee for the privilege of signing a photocopied document when one person moves in in place of another sounds quite enough. The guidance may be the best place to put this, but the test must be whether the landlord has suffered a loss of rent. If there is no such loss, surely the £50 should kick in as the maximum which the agents can take. One can understand the need to compensate if there has been a loss of rent because of a gap when one tenant has moved out and no new one has arrived. Otherwise, £50 sounds like a maximum not a floor.
Tenant Fees Bill — House of Lords, 2018-11-20
Topic: Housing
John Lytton (Crossbench, Unknown): My Lords, I have great sympathy with this amendment but I would have more were it possible to ensure that utility providers themselves acted reasonably. While I will not name any names, one particular well-known supplier of electricity, with what is generally regarded as an extremely cheap and competitive tariff, has gained for itself an extremely poor reputation because of what happens when one wants to change to another supplier. Indeed, so tortuous are its processes—of which I have had direct experience—that many landlords specify in their agreements that the tenant may not change to that supplier, and with good reason. I had a situation myself concerning the commercial supply of electricity to an agricultural building. My wife and I were faced with a demand from this company for over £30,000 for a period of some 15 months, when the only thing that happens in this shed is that for a period of about three weeks a series of low-wattage lights are used to assist with lambing, and for a period of about 10 days in another part of the year they are used for a sheep-shearing operation. By no stretch of the imagination could the fee have totalled that amount. When, finally, the company rang up my wife and said, "We’re going to take you to court", her answer was, "Make my day". It was not until the matter was referred to its lawyers that it became apparent that there had been a complete muck-up. It had simply not got an initial reading and was trying to steamroller that payment through in the hope that we would crack and pay it. I know that other landlords in the private rented sector are sometimes faced with the same situation These people run up the most appalling costs. While I have great sympathy that this should not be laid solely at the door of tenants, it is none the less an occupational hazard that afflicts both parties to this arrangement. That is the only reason why I have a reservation about the amendment in the name of the noble Lord, Lord Kennedy—because there is another dimension to this, where certain suppliers are acting utterly unreasonably and unconscionably.
Tenant Fees Bill — House of Lords, 2018-11-20
Topic: Immigration
John Lytton (Crossbench, Unknown): My Lords, the noble Baroness has made a valid point. I recall some years ago having to check the identity of an applicant for a business tenancy, who produced a passport from a Commonwealth country which was in date but did not contain the crucial words in the out-of-date one, also presented, which described the bearer as having the right to remain in the United Kingdom. I have always felt very nervous about trying to sift through this, because of the penalties that can be visited on one professionally—in this case, it would have been on a client landlord—in connection with letting. Getting these things right and carrying out identity and immigration status checks cannot be left to the tea boy. They need to be done by somebody who knows what they are doing and can take responsibility This takes us back to the question of where the two-way street between landlord and prospective tenant should lie and whether it is right that the landlord provides a property that he has warranted as clean and tidy, fit for purpose, not unsafe and so on, and the tenant is responsible for the cost of verifying their bona fides, as the noble Baroness says in her amendment. It seems that that is fairly unarguable, particularly in London where there are people of so many different nationalities. A further issue that needs to be addressed, assuming that eventually this country will leave the European Union, is European citizens’ right to remain here. The noble Baroness raises a valuable point, and I look forward to hearing what the Minister says.
Tenant Fees Bill — House of Lords, 2018-11-20
Topic: Housing
Richard Best (Crossbench, Unknown): My Lords, I take an opposing view. I am sad to do so on the noble Baroness’s amendment, since she does so much good work in this sector. I declare my interest as a co-chair of the Home Office’s right to rent consultative panel, which looks at the right to rent that people require before taking up a letting For sure, somebody has to pay for the identity and immigration status check which now has to happen. The question is whether tenants should pay the agent for this—they would do so whether British citizens or not—or whether the landlord should ultimately expect to pay, getting their agent to do it on their behalf. It is one of the functions of an agent to check whether the tenant is an illegal immigrant or has the right to be in this country. That task is for an agent to perform, just as they need to make sure that the landlord’s property has a gas safety certificate or an energy performance certificate. This is part of the process that an agent is paid for. There is a fundamental principle that the landlord is ultimately responsible for the letting, along with the agent who acts for that landlord, and they and not the tenant should be the ones who pay. In the same way, the tenant does not have to pay for their own reference—that is something that the agent takes up. This is part of the process taken on by an agent and it justifies the fees that agents charge their landlords. What else do we want agents to do but look after the landlord’s interests in cases of this kind Therefore, I think that the Government have this right. This is not an area where the tenant should be asked to make a supplementary payment to the agent, and the agent may well charge the landlord a good deal already. As the Bill spells out, it is a matter on which no fee should be payable by the tenant.
Brexit: Negotiations — House of Lords, 2018-11-20
Topic: Mixed Topics
Nicholas Stern (Crossbench, Unknown): My Lords, the Prime Minister has told us that we have three options: no deal, this deal or no Brexit. I want to speak on the economics of these options. I am a professor of economics at the London School of Economics but of course I do not speak on behalf of that institution Let us examine the medium-term effects rather than the very short run, which many have spoken about this evening. These medium-term effects operate through trade and investment. Trade creates opportunities and increases incomes; barriers to trade reduce incomes, and similarly with investment. Thus, economic analysis of the medium term compares the losses from increased barriers with the EU arising from Brexit with any potential gains from possibly reduced barriers elsewhere. In thinking about no deal, the comparisons are clear. In the medium term, it involves major net losses, which, drawing on work by the OECD, the National Institute of Economic and Social Research, the Centre for Economic Performance at the LSE and others, are estimated to be between 5% and 8% of GDP per annum. That means a loss of £100 billion to £150 billion per annum, which is very large compared with the net payments to the EU of around £10 billion per annum Although the basic intuition behind these numbers is clear and commonsensical, models make assumptions, so what do the markets say? Sterling has been 10% to 15% below the pre-referendum levels. What does business say? The CBI has described no deal as a wrecking ball. Common sense, the models, the markets and business all point the same way: no deal is a terrible option. Let us take it off the table So what about the deal on the table? It is too early for detailed analysis, external to government, of the kind I have described but, unsurprisingly, previous analyses of halfway houses give net losses relative to staying in the EU of roughly half those of a no-deal Brexit. The economic ranking is clear: no deal is by far the worst; this deal is less bad; but both are much worse than no Brexit There are two crucial examples that go beyond economics. First, I have witnessed at first hand in climate negotiations, including in Paris in 2015, how effective the UK’s leadership can be when working with and within the EU. Secondly, I work in a truly international university, where the best from Europe and the world come to us and we are the best because they do, and our students and young people across the country are in deep anguish about what we are doing to them. Let us take great care. I am deeply worried that we will do major collateral damage in areas that are at the heart of our well-being and our leadership in the world In conclusion, we now have a much clearer understanding of the options that we face than we did in June 2016. Surely it is right to lay the options and the evidence before the people of the UK and ask them to make a choice they have not made before: to choose between this deal and no Brexit. No deal cannot be regarded as a serious option.
Brexit: Negotiations — House of Lords, 2018-11-20
Topic: Mixed Topics
Alexander Carlile (Crossbench, Unknown): I am very grateful to the noble and learned Lord for giving way, but on that point, dredging up his experience of representative democracy, does he agree that when a Government put forward a proposition in the House of Commons and it is defeated, the normal course is to revert to the status quo ante?
Mental Capacity (Amendment) Bill [HL] — House of Lords, 2018-12-11
Topic: Mixed Topics
Elaine Murphy (Crossbench, Unknown): My Lords, I support this amendment. It is well thought through and I am glad that the Government have brought it forward. However, like my noble friends Lady Hollins and Lady Meacher, I have some very serious doubts about the continuance of this Bill as it goes to the Commons. We have already raised our anxieties about how it fits in with the Wessely review, and we have come to the end of our deliberations—when the noble Baroness, Lady Thornton, and the noble Lord, Lord O’Shaughnessy, normally congratulate each other on the process that we have gone through—but in fact we are leaving this Bill with the very same problems with which it came to this House The Bill came before Parliament because of the totally unviable nature of the current legislation. However, we do not have a statutory definition of deprivation of liberty for the purposes of this legislation and we now intend, as the Bill goes to the Commons, still to intrude on people living in their own homes. We are talking about a Bill that affects about 1 million people. It is currently projected to cost £2 billion a year but, with our amendments that introduce some improvements, it will cost considerably more Will the Commons really tackle the key issues? We have not seen the wood for the trees—that is the problem. We have tackled some really important minor issues but not the major issues that will make the legislation implementable in the care system. Can the Minister tell us what will happen next?
Tenant Fees Bill — House of Lords, 2018-12-11
Topic: Housing
John Lytton (Crossbench, Unknown): My Lords, I declare my interests as a vice-president of the LGA but also as a practising chartered surveyor and private rented sector landlord. Mercifully, I have managed to steer clear in a personal capacity of managing agents—at least for the last many years I have one query on the way in which the holding deposit arrangements are intended to function. I quite understand the geometry that sits behind this and the reason for it, so I will not go over it again. But let us suppose that a prospective tenant, having been provided with all the relevant information, pays a holding deposit then, through some reason of default which would allow the agent to retain part or all of that deposit, there develops an argument as to what proportion—perhaps the whole—should be retained or not. That could take some while to resolve. Meanwhile, the agent is debarred from taking a holding deposit from anybody else, even though it may be clear beyond peradventure that the original deal with, and intention of, the tenant, whose holding deposit is still being hung on to, will not go ahead I can see that this could put an undesirable element of drag into the situation. I can also see that it might be the godmother of unforeseen consequences, in that the agent may feel that it is becoming a problem—a rather metropolitan problem, if I may say so; I think of zones 2, 3 and 4 of central London as the areas where a lot of this goes on, although I know it is not unique to there. The corollary to that is that the agent may say, "I’m not going to take a holding deposit at all. It is on a first-come, first-served basis. I have various people interested and the first who comes through my door with the relevant boxes ticked gets it". That does not seem at all helpful either. That does not happen in my part of leafy Sussex, because we do not deal with things in that way and do not have that sort of high-pressure tenant demand. But I can certainly see it happening in zones 2 and 3 and I wonder what the Minister has to say about how he sees that working in practice, without having some perverse effects on the market.