Research briefing: Health and Social Care Levy (Repeal) Bill 2022-23 – House of Commons Library

Posted October 7th, 2022 in bills, budgets, health, national insurance, news, parliament, social services by tracey

‘The Health and Social Care Levy (Repeal) Bill 2022-23 [Bill 155 of 2022-23] was introduced on 22 September 2022.’

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House of Commons Library , 6th October 2022

Source: commonslibrary.parliament.uk

The Victims Bill Is Flawed In Protecting Children And Survivors – Each Other

Posted October 6th, 2022 in bills, children, codes of practice, crime, news, select committees, victims by sally

‘The Justice Committee has pointed out flaws of the Victims Bill in a pre-legislative report that raises significant concerns for victims of crimes and abuse across the UK. The cross-party committee noted problems in the way “victims” are defined, a lack of enforcement powers and the need for additional funding and resources for the Bill to be effective. The report was published shortly after Dame Vera Baird KC recently announced her intention to stand down as Victims’ Commissioner, following the Bill’s intention to diminish the role.’

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Each Other, 5th October 2022

Source: eachother.org.uk

Stephen Tierney: The Lord Advocate’s Reference: Referendums and Constitutional Convention – UK Constitutional Law Association

‘Section 29(1) of the 1998 Act provides that an Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament. A provision is outside that competence so far as it “relates to reserved matters” (s.29(2)(b)), and whether or not it relates to a reserved matter is to be determined by “reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances” (s.29(3)).’

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UK Constitutional Law Association, 4th October 2022

Source: ukconstitutionallaw.org

Government control over the flow of information: Lord Sumption on the Online Safety Bill – Law Pod UK

Posted October 6th, 2022 in bills, inquests, internet, news, podcasts, suicide, young persons by sally

‘”Government control over the flow of information”: Lord Sumption speaks out against the threat to freedom of speech posed by the Online Safety Bill.’

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Law Pod UK, 6th October 2022

Source: audioboom.com

Victims’ Bill will have ‘limited effect’ without proper funding – report – The Independent

Posted September 30th, 2022 in bills, budgets, criminal justice, government departments, immigration, news, victims by michael

‘The Government’s plans for a Victims’ Bill will have a “limited effect” unless more funding is provided, according to MPs.’

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The Independent, 30th September 2022

Source: www.independent.co.uk

Michael Foran: Interpretation after the Human Rights Act? The Principle of Legality and the Rule of Law – UK Constitutional Law Association

‘Last week Liz Truss’s cabinet decided to shelve the proposed British Bill of Rights. Quite a lot has been said about the Bill since it was announced and many have welcomed the quiet demise of what was perceived by some to be a dangerous inroad into our human rights protection. Others have suggested that the Bill would never have been able to make good on the hopes of those who wish to see the U.K. unshackled from the jurisdiction of the Strasbourg Court. Rajiv Shah, a former special advisor in the Ministry of Justice and the No 10 Policy Unit, argues that the Bill was presented as containing a lot of red meat – to encourage ECHR sceptics and dismay ECHR advocates – while in reality being little more than a vegan steak. On reflection this is a fairly accurate description. One area of concern, however, was the potential repeal of s. 3 of the Human Rights Act.’

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UK Constitutional Law Association, 12th September 2022

Source: ukconstitutionallaw.org

The Data Protection and Digital Information Bill: A new UK GDPR? – Local Government Lawyer

Posted September 9th, 2022 in bills, brexit, data protection, EC law, government departments, local government, news by tracey

‘In July the Government published the Data Protection and Digital Information Bill, the next step in its much publicised plans to reform the UK Data Protection regime following Brexit. Ibrahim Hasan sets out the key changes.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Joint Enterprise Bill Passes First Hearing – Each Other

Posted September 8th, 2022 in appeals, bills, joint enterprise, news, remand by sally

‘On 6 September a Private Members’ Bill calling for fairer appeal processes passed its first reading in the House of Commons. The Criminal Appeal (Amendment) Bill or ‘Joint Enterprise’ Bill, calls for a fairer appeals process for those who remain detained on remand and convicted by joint enterprise will now progress to a second reading later this year. The landmark Bill will help those detained by joint enterprise to invoke their right to a fair trial, which is enshrined in the Human Rights Act (HRA).’

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Each Other, 7th September 2022

Source: eachother.org.uk

Raab’s human rights reform shelved – Law Society’s Gazette

Posted September 8th, 2022 in bills, human rights, news by sally

‘Dominic Raab’s hopes of making reform of the Human Rights Act the legacy of his period as lord chancellor have been been dashed, according to news reports this afternoon. The Bill of Rights Bill has been shelved while the government reviews “the most effective means to deliver objectives through our legislative agenda”, a source told the BBC’s political editor.’

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Law Society's Gazette, 7th September 2022

Source: www.lawgazette.co.uk

Stuart Wallace: Human Rights Claims and Overseas Military Operations: Will Clause 14 of the Bill of Rights Bill Really Limit Victims’ Access to British Courts? – UK Constitutional Law Association

Posted September 6th, 2022 in armed forces, bills, international relations, news, treaties, victims by sally

‘Clause 14 of the Bill of Rights Bill, currently progressing through the UK parliament, introduces a total ban on individuals bringing a human rights claim, or relying on a Convention right, in relation to overseas military operations. As I have argued elsewhere, this is a retrograde development in the law. Thankfully, the clause may never enter into force. This is because under clause 39(3) of the Bill the Secretary of State may only bring clause 14 into force if the Secretary of State “is satisfied (whether on the basis of provision contained in an Act passed after this Act or otherwise) that doing so is consistent with the United Kingdom’s obligations under the Convention”. There is an implicit recognition here that, in its current form, implementing clause 14 would not be compatible with the UK’s ECHR obligations and that it would need something else to happen to make it compatible. There are three possible options here.’

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UK Constitutional Law Association, 6th September 2022

Source: ukconstitutionallaw.org

Liz Truss: The New Prime Minister’s Human Rights Record – Each Other

‘Liz Truss has just been voted by Conservative peers and members to be the next prime minister. The former secretary of state for foreign, commonwealth and development affairs has a track record of voting against human rights progression in the UK and as prime minister will be involved in policy decisions that will radically change rights protections. The first targets? Replacing the Human Rights Act (HRA) with a Bill of Rights and potentially withdrawing from the European Convention on Human Rights.’

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Each Other, 5th September 2022

Source: eachother.org.uk

What impact might the Bill of Rights have on freedom of expression cases? Part II – Constitutional Law Matters

Posted September 1st, 2022 in bills, freedom of expression, human rights, media, news, public interest by sally

‘In this second post, Godwin Busuttil explains how the proposed Bill of Rights would change how courts were required to interpret the scope of Convention rights in the freedom of expression context. The Bill if enacted would mean that UK courts no longer needed to take account of decisions of the European Court of Human Rights. UK courts would also be expected generally not to interpret Convention rights in a way that was more expansive than interpretations placed upon those rights by the European Court of Human Rights. However, they would be allowed to do so when this was to protect freedom of expression.’

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Constitutional Law Matters, 24th August 2022

Source: constitutionallawmatters.org

What impact might the Bill of Rights have on freedom of expression cases? Part I – Constitutional Law Matters

Posted September 1st, 2022 in bills, freedom of expression, human rights, media, news, public interest by sally

‘In the first of two posts, Godwin Busuttil, a barrister at 5RB specialising in media and communications law, sets out how the Bill of Rights Bill may change the law relating to freedom of expression. Convention rights can be used to protect freedom of speech by protecting journalists from having to reveal their sources. This helps to promote freedom of expression as it means journalists can print stories without concerns that legal action may be taken against their source – e.g. if they have leaked a story that is in the public interest – which in turn would risk such sources ‘drying up’.’

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Constitutional Law Matters, 23rd August 2022

Source: constitutionallawmatters.org

Financial Remedy Update, August 2022 – Family Law Week

Posted August 26th, 2022 in bills, divorce, families, family courts, financial provision, Law Commission, marriage, news by tracey

‘Nicola Rowling, Professional Support Lawyer, Emily Elvin-Poole, Associate and Caitlin Levins, Trainee Solicitor at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during July 2022.’

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Family Law Week, 23rd August 2022

Source: www.familylawweek.co.uk

Government to make it easier for landlords to evict people who fall behind on rent – The Independent

Posted August 22nd, 2022 in bills, government departments, housing, landlord & tenant, news, rent, repossession by tracey

‘Housing campaigners have sounded the alarm over government plans to make it easier for landlords to evict tenants who fall behind on their rent. The government wants to change the law so that evictions can take place if someone repeatedly falls into arrears – even if they catch up on payments.’

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The Independent, 20th August 2022

Source: www.independent.co.uk

Diversity concerns as Supreme Court reappoints old guard – Law Society’s Gazette

Posted August 19th, 2022 in bills, diversity, judges, news, retirement, Supreme Court, women by tracey

‘The Supreme Court has appointed two recently-retired judges as justices, which critics have pointed out means that men called David now outnumber women by three to one on the UK’s highest court.’

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Law Society’s Gazette, 18th August 2022

Source: www.lawgazette.co.uk

Bill of Rights: good or bad for human rights? – Law Society’s Gazette

Posted August 18th, 2022 in bills, brexit, government departments, human rights, news by sally

‘The Bill of Rights Bill (the Bill), if enacted, will repeal the Human Rights Act (the HRA) 1998.’

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Law Society's Gazette, 17th August 2022

Source: www.lawgazette.co.uk

Online Safety Bill is not fit for purpose, say IT experts – The Independent

Posted August 12th, 2022 in bills, freedom of expression, government departments, internet, news by tracey

‘A survey of industry professionals has found many are uncertain if the proposed internet safety laws are workable in their current form.’

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The Independent, 12th August 2022

Source: www.independent.co.uk

Is The Northern Ireland Troubles Legacy Bill ‘Fatally’ Flawed? – Each Other

Posted August 10th, 2022 in bills, human rights, news, Northern Ireland, terrorism, unlawful killing by sally

‘Human rights and civil liberty groups have criticised the government’s proposals to grant an effective amnesty for crimes committed as part of the Troubles in Northern Ireland. The ‘Troubles’ is a term used to describe a period of conflict in Northern Ireland that lasted over 30 years, up until the Good Friday Agreement was signed in 1998. The Northern Ireland Troubles (Legacy and Reconciliation) Bill attempts to address more than 1,000 unsolved killings. Now, rights groups have said the Bill violates the UK’s human rights obligations.’

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Each Other, 10th August 2022

Source: eachother.org.uk

UK government submits indyref2 argument to Supreme Court – BBC News

‘The UK government has submitted its argument in a case that could allow the Scottish Parliament to legislate for another independence referendum.’

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BBC News, 9th August 2022

Source: www.bbc.co.uk