Public Order Bill

Baroness McIntosh of Hudnall Excerpts
Baroness McIntosh of Hudnall Portrait The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
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My Lords, in view of the fact that Amendment 1 has been agreed, for the convenience of the House, I remind the House that I shall not subsequently be able to call Amendments 5, 14 or 24, by reason of pre-emption.

Clause 1: Offence of locking on

Amendment 2

Moved by

Asylum Seekers

Baroness McIntosh of Hudnall Excerpts
Tuesday 17th January 2023

(2 years, 5 months ago)

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Lord Murray of Blidworth Portrait Lord Murray of Blidworth (Con)
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I am sorry to hear that the noble Lord has yet to receive an answer. I will chase it and endeavour to get a response to him as soon as I can.

Baroness McIntosh of Hudnall Portrait Baroness McIntosh of Hudnall (Lab)
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My Lords, in his reply to the noble Lord, Lord Hannay, the Minister referred to a judgment which no doubt is available for anyone to read. However, for the benefit of the House, would he be prepared to summarise it? That would give an answer to the noble Lord’s question: what, in particular, allows the Government to discriminate between asylum seekers who arrive by one method and those who arrive by another?

Lord Murray of Blidworth Portrait Lord Murray of Blidworth (Con)
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The 1951 convention describes the categories of people who might seek protection from their native country, and, as a result, they are entitled to make a claim for asylum. There is nothing in the text of the convention which limits the receiving nation state’s obligation to consider applications from various classes of nations. That is why we have international agreements; for example, when we were members of the European Union, there was an agreement that other European Union member nations were not able to lodge asylum claims within the United Kingdom.

Net Migration

Baroness McIntosh of Hudnall Excerpts
Tuesday 29th November 2022

(2 years, 7 months ago)

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Lord Murray of Blidworth Portrait Lord Murray of Blidworth (Con)
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I thank my noble friend for that question. The position is that the types of students who are now availing themselves of British educational opportunities tend to be older, and there are restrictions around the provision of visas for family members. They are restricted to those on a postgraduate course—broadly, not undergraduate courses—and to a course of nine months or longer, if the course of study is with an accredited institution with a track record of compliance with immigration requirements. It appears to be the case that, of the visas issued to students and dependants, about one in five go to dependants and there is no reason in the Government’s view to change that position at this time.

Baroness McIntosh of Hudnall Portrait Baroness McIntosh of Hudnall (Lab)
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My Lords, the Minister has been asked several times a question that, with great respect, he has not answered: why are international students, who bring significant income to our universities and are an ornament to them in many other ways, included in migration statistics, with or without dependants? They distort those statistics, which, frankly, does not serve the Government’s purposes very much. Why are they still part of the immigration statistics? He has not given us an answer to that.

Lord Murray of Blidworth Portrait Lord Murray of Blidworth (Con)
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I thank the noble Baroness for the opportunity to clarify the position. The ONS prepares these estimates in its own way, and it is utilising on this occasion a new methodology derived from various sources to estimate, effectively, emigration as well as immigration. The choice is taken to include students, for reasons of transparency, and that seems to me entirely sensible. The number of visas issued to students is available to the Home Office as a figure. That is only a part of the picture when considering the figures that the noble Lord, Lord Green, was referring to in his Question, which are of course the estimates provided by the ONS.

Civil Servants: Reduction in Numbers

Baroness McIntosh of Hudnall Excerpts
Wednesday 15th June 2022

(3 years ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I really do not know the details of those figures, but I can find out for my noble friend.

Baroness McIntosh of Hudnall Portrait Baroness McIntosh of Hudnall (Lab)
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My Lords, the Minister has referred several times to—or implied—an idea of planning the way that Civil Service numbers might be reduced. It is not clear to most of us whether there actually is a plan, but there is a number: 10%. Can she say what the magic of 10% is, and what the significance of 2016 is?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I think 2016 is when some of those numbers went up. The noble Baroness homes in on the point that planning is vital, and the health of the future workforce and the department’s ability to deliver depends on how we do those reductions. I have been involved in some of that work thus far.

Refugees and Asylum Seekers

Baroness McIntosh of Hudnall Excerpts
Monday 28th February 2022

(3 years, 4 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I commend so much what the noble Lord has said. At the heart of any Government with a heart will be those children who are displaced.

Baroness McIntosh of Hudnall Portrait Baroness McIntosh of Hudnall (Lab)
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My Lords, in an earlier answer the Minister asserted, no doubt rightly, that the Government had consulted with the UNHCR, and by implication with other people, before bringing forward the legislation we are to consider later today. Can she give the House any examples of ways in which the Government’s original intentions for this legislation were changed or modified as a result of those consultations?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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Obviously, I will not go into the details of individual conversations, but we consulted with the UNHCR, as would be expected. Clearly, we did not come to the same conclusion as the UNHCR.

Police, Crime, Sentencing and Courts Bill

Baroness McIntosh of Hudnall Excerpts
55ZA: Clause 63, page 59, line 11, at end insert—
“(1A) The occupier, a representative of the occupier or a constable may only make a request under subsection (1)(d) if they have ascertained from the local authority within whose area the land is situated—(a) that there is a suitable pitch for P’s caravan or caravans and P’s other vehicles and property on a relevant caravan site, or(b) that, within 48 hours of their receiving notice of P’s presence on the land, a suitable pitch for P’s caravan or caravans and P’s other vehicles and property will become available within a negotiated stopping site in the local authority’s area, andthat in either case P has been informed of the availability of such a site.(1B) If there are no relevant caravan sites, or there will not within 48 hours of their receiving notice of P’s presence on the land be a negotiated stopping site within the local authority’s area, and P remains on the land in question for more than 48 hours, the local authority must compensate the owner or occupier of the land for all loss and damage suffered by them as a consequence of P’s entering upon and remaining on the land. (1C) Where P remains on the land under subsection (1B), P does not acquire any right of possession as against the owner or occupier of the land.(1D) In subsections (1A) and (1B)—“caravan”, “caravan site”, “relevant caravan site”, “relevant site manager” and “registered social landlord” have the same meanings as in section 62A(6);“a negotiated stopping site” is a site in respect of which an agreement has been reached between the local authority within whose area the site is situated and the trespassers which allows them to stay temporarily on a particular piece of land which is not an official site, in return for which the trespassers agree to certain conditions relating to, but not limited to, behaviour, tidiness of the site, the length of stay and payment for water, refuse collection and other utilities.”Member’s explanatory statement
The amendment would provide that a person only commits an offence where they are trespassing on land having been offered a suitable pitch at a caravan site or negotiated stopping site in the local authority’s area; and where they remain on the land because there are no other suitable sites, the landowner or lawful occupier are to be compensated for all loss and damage caused by their entering upon and remaining on the land.
Baroness McIntosh of Hudnall Portrait The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
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My Lords, the noble Baroness, Lady Brinton, will be participating remotely in this debate.

Lord Garnier Portrait Lord Garnier (Con)
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My Lords, I begin by explaining that I will not be pressing my amendment to a Division. I thank the noble Baroness, Lady Whitaker, for prompting me—although she may not have realised this at the time—during the course of Committee, when we were debating other amendments in Part 4 dealing with unauthorised encampments. On that occasion, I explained that I thought there was an unfairness in the Bill in relation to the victims or respondents to criminal trespass—the tenant or landowning victims of trespass on the land; I know there are plenty of arguments about whether there should or should not be criminal trespass. I mentioned a particular example when I was a Member of Parliament some 25 years ago, in 1996 or 1997, when not only did a large group of travellers trespass on a constituent farmer’s land, but their dogs were troubling this farmer’s sheep. Some of them were killed by the dogs in question.

The noble Baroness, Lady Whitaker—perfectly fairly, I think—made the point in that debate, in which I was seeking to place the burden of proof that an activity on a landowner’s or tenant’s land was being conducted unlawfully, on the trespasser who wished to assert that the occupier of the land was conducting an unlawful activity, which could have been any sort of activity. Essentially, I was seeking to persuade noble Lords that it was far more just for the invader of the land to demonstrate that what they were seeking to stop—for example, the growing of genetically modified crops—was unlawful, and that it should not be for the owner or occupier of the land who was carrying out a lawful farming activity to show that he was not conducting an unlawful activity.

That aspect of the debate in Committee is not particularly relevant to what we are doing now, save that it prompted the noble Baroness, Lady Whitaker, to draw my attention to her argument that, because local authorities have historically failed to provide any, or any adequate, official sites for travellers to park their vehicles and reside on, this problem of invading other people’s land will continue.

Hate Crimes: Misogyny

Baroness McIntosh of Hudnall Excerpts
Monday 6th December 2021

(3 years, 7 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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The noble and learned Baroness is absolutely right, and we look forward to the Law Commission’s recommendations in this area.

Baroness McIntosh of Hudnall Portrait Baroness McIntosh of Hudnall (Lab)
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My Lords, building on the response that the Minister gave to my noble friend Lady Blower, could she say what actions her colleagues in the Department for Education have taken following the Everyone’s Invited website and the emergence of very powerful evidence of the kind of thing that my noble friend was talking about?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I am not particularly equipped to talk about Everyone’s Invited, but I will go back to the point that was made, which the noble Baroness is following up on, which is that respect for other people, whether of the same or opposite sex, is incredibly important in a civilised society, and we all need to lead by example.

Police, Crime, Sentencing and Courts Bill

Baroness McIntosh of Hudnall Excerpts
Lord Paddick Portrait Lord Paddick (LD)
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I have had enough.

Baroness McIntosh of Hudnall Portrait The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
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My Lords, it might be helpful to the Committee if I clarify what may be a slight confusion. The group was led by Amendment 72 but noble Lords will recall that Amendment 72 was agreed to in its place. The question that the Committee now has before is that Clause 17, as amended, stand part of the Bill.

Clause 17, as amended, agreed.

Police, Crime, Sentencing and Courts Bill

Baroness McIntosh of Hudnall Excerpts
Baroness McIntosh of Hudnall Portrait The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
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May I remind the Committee that the noble Baroness, Lady Brinton, is participating remotely? I apologise if I interrupted somebody who wanted to speak.

Baroness Chakrabarti Portrait Baroness Chakrabarti (Lab)
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Forgive me, but before the Minister sits down, can I ask her to reflect and, if she wants to come back, to address the issue of who decides? I am very grateful for her assurance about intention and that there is no attempt to go further than classical practice has gone, which is a public interest exception to general patient confidentiality. But if, for example, under the new provisions, there were to be a dispute between, say, the police and the relevant health authority and/or the relevant health authority and the individual practitioner, who would decide? That is of course crucial in relation to patient-doctor trust.

Non-Domestic Rating (Public Lavatories) Bill

Baroness McIntosh of Hudnall Excerpts
Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 24th February 2021

(4 years, 4 months ago)

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Read Full debate Non-Domestic Rating (Public Lavatories) Bill 2019-21 View all Non-Domestic Rating (Public Lavatories) Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 131-I Marshalled list for Committee - (19 Feb 2021)

Amendments 6 and 7 not moved.

Baroness McIntosh of Hudnall Portrait The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
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My Lords, we now come to the group consisting of Amendment 8. Anyone wishing to press this to a Division must make that clear in the debate.

Amendment 8

Moved by

--- Later in debate ---
Lord Greaves Portrait Lord Greaves (LD)
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My Lords, I will read carefully the Minister’s reply—and go one more step towards being able to pass my GCSE in business rating. I accept his assurance that what he said will be the case. As on all these occasions, if it happens not to be the case, we will come back and harass him in the House. However, his reply was acceptable; I will read it carefully and attempt to understand it.

Baroness McIntosh of Hudnall Portrait The Deputy Chairman of Committees (Baroness McIntosh of Hudnall)
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Do I take it that the noble Lord wishes to withdraw his amendment?

Lord Greaves Portrait Lord Greaves (LD)
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I am sorry. I beg leave to withdraw the amendment.

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Clause 2 agreed.

Baroness McIntosh of Hudnall Portrait The Deputy Chairman of Committees (Baroness McIntosh of Hudnall)
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My Lords, we now come to the group beginning with Amendment 11. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate.

Amendment 11

Moved by