Brian Christopher Jones: The Government’s Quandary: “Great”, or Ordinary, Repeal – UK Constitutional Law Association

Posted March 28th, 2017 in bills, constitutional reform, drafting, EC law, legislation, news, repeals, treaties by sally

‘The government would certainly prefer a “great” repeal, but they would be wise to make it an ordinary one. Four years ago I published an analysis piece in Public Law (April 2013) about the need to prevent political language in legislation, and especially in relation to statutory titles. In short, I could find little guidance in a host of official Parliamentary and drafting documents that would curtail overtly political statutory language, and especially in the presentational aspects of bills and statutes, such as short titles. When it came down to it, if a minister desired a particular title for their Bill, they could strong-arm drafters into getting their way—although, there could be pushback from House Authorities, such as the Speaker. The most recent version of Erskine May (2011) notes that short titles must “describe the bill in a straightforwardly factual manner. An argumentative title or slogan is not permitted” (p 526). In reality, however, ministers “may for presentational reasons have strong views about the short title and the structure of the bill”, and attempt to assert their authority (Cabinet Office Guide to Making Legislation, 9.71). Indeed, it is this unique convergence of law and policy that makes the process of drafting so interesting.’

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UK Constitutional Law Association, 28th March 2017

Source: www.ukconstitutionallaw.org

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Latest draft legislation on interest restriction more helpful for infrastructure and real estate, says expert – OUT-LAW.com

Posted March 24th, 2017 in bills, construction industry, interest, news, taxation by sally

‘Amended draft legislation to restrict tax relief for interest payments includes changes to a new ‘public infrastructure’ exemption which will be helpful for infrastructure and real estate companies, according to a tax expert.’

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OUT-LAW.com, 21st March 2017

Source: www.out-law.com

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Prisons and Courts Bill to improve access to justice and better protect the vulnerable – Ministry of Justice

Posted March 21st, 2017 in bills, civil justice, courts, criminal justice, internet, news, prisons by tracey

‘Plans to revolutionise the courts to make them more straightforward and efficient, and deliver swifter justice for victims.’

Full press release

Ministry of Justice, 20th March 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

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“We’ve gone for moderate options to reform PI,” says justice minister – Legal Futures

Posted March 21st, 2017 in bills, compensation, damages, news, personal injuries, road traffic, small claims by tracey

‘The increase in whiplash claims at a time of falling road traffic accidents and improving car safety means that “cases are obviously exaggerated to some extent, and perhaps fraudulent”, justice minister Sir Oliver Heald said yesterday as he defended the government’s “moderate” personal injury reform proposals during the second reading of the Prisons and Courts Bill.’

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Legal Futures, 21st March 2017

Source: www.legalfutures.co.uk

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Quality must trump convenience in online justice reforms – The Bar Council

Posted March 21st, 2017 in barristers, bills, civil justice, courts, criminal justice, internet, press releases by tracey

‘As the Government presses ahead with plans for online and virtual hearings, the Bar Council has warned that the quality and the reputation of our system of justice must not suffer.’

Full press release

The Bar Council, 20th March 2017

Source: www.barcouncil.org.uk

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MPs launch inquiry into government’s personal injury reforms – Legal Futures

‘MPs on the justice select committee have launched a “short” inquiry into the personal injury reforms contained in the Prisons and Courts Bill. The announcement comes ahead of the bill’s second reading – during which the principles behind it will be debated – on Monday.’

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Legal Futures, 17th march 2017

Source: www.legalfutures.com

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News focus: ‘Virtual justice’ and the IT panacea – Law Society’s Gazette

‘Just over six years ago, a taxpayer funded independent study of a pilot “virtual court” concluded that: “A rollout based on the pilot’s performance and parameters is likely to cost more money than it saves. A break-even scenario may be achieved, but this is still likely to be a challenge.” ‘

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Law Society’s Gazette, 20th March 2017

Source: www.lawgazette.co.uk

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Greater protection for rape victims and children at risk of grooming – Ministry of Justice

‘New offence of sexual communication with a child will be introduced, and measures to support victims of sex crimes accelerated.’

Full press release

Ministry of Justice, 19th March 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

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Working together to end modern slavery – Home Office

Posted March 16th, 2017 in bills, reports, speeches, trafficking in human beings, universities, victims by tracey

‘Home Secretary’s keynote speech at event on role of financial institutions in disrupting human trafficking.’

Full speech

Home Office, 15th March 2017

Source: www.gov.uk/home-office

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Justice reformer condemns digital criminal courts plan – Law Society’s Gazette

‘Government plans for virtual court hearings and online guilty pleas for criminal offences are poorly costed, based on weak evidence and have not been subjected to proper consultation, a national justice charity says today.’

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Law Society’s Gazette, 15th March 2017

Source: www.lawgazette.co.uk

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MPs win right to challenge Victorian law criminalising abortion – The Guardian

Posted March 14th, 2017 in abortion, bills, crime, medicines, news, women by tracey

‘MPs have won the right to introduce a bill to parliament which would decriminalise abortion for the first time by repealing a law that dates back to Victorian times.’

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The Guardian, 13th March 2017

Source: www.guardian.co.uk

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Brexit bill: Parliament clears way for talks with EU – BBC News

Posted March 14th, 2017 in bills, EC law, news, parliament, treaties by tracey

‘Parliament has passed the Brexit bill, paving the way for the government to trigger Article 50 so the UK can leave the European Union.’

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BBC News, 14th March 2017

Source: www.bbc.co.uk

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MPs to discuss reform of UK’s Victorian-era abortion law – The Guardian

Posted March 13th, 2017 in abortion, bills, crime, medicines, news, women by sally

‘In years to come, it may be regarded as one of the last battles for women’s autonomy. Under an obscure Victorian law, passed when women did not even have the vote, the decision to terminate an unplanned pregnancy using pills in the privacy of a home is punishable by life in prison – for the woman and any doctor who helps her.’

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The Guardian, 10th March 2017

Source: www.guardian.co.uk

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Brexit bill faces last rebel push to guarantee final vote in parliament – The Guardian

Posted March 13th, 2017 in amendments, bills, EC law, news, parliament, political parties, treaties by sally

‘The government faces a last push from rebel backbenchers to guarantee a final vote in parliament on any Brexit deal before the triggering of article 50, with concerns coalescing around what would happen if no agreement was reached with the EU.’

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The Guardian, 13th February 2017

Source: www.guardian.co.uk

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Rosie Slowe: Reflections on the ‘Three Knights Opinion’ and Article 50 TEU – UK Human Rights Blog

‘On 17 February 2017, Bindmans LLP published an Opinion solicited from several leading authorities on EU law concerning Article 50 TEU. The so-dubbed ‘Three Knights Opinion’ put forward compelling legal arguments in support of why an Act of Parliament at the end of the Article 50 negotiation process is necessary in order to ensure that Brexit occurs in accordance with domestic and, by extension, EU law. These contentions, and Professor Elliot’s rebuttal, warrant careful consideration.’

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UK Human Rights Blog, 9th March 2017

Source: www.ukhumanrightsblog.com

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Mark Elliott and Stephen Tierney: The ‘Great Repeal Bill’ and Delegated Powers – UK Constitutional Law Association

‘A good deal of the legal and constitutional interest generated by Brexit has so far, perhaps unsurprisingly, focussed upon the very beginning of the withdrawal process. Initially, all eyes were on the courts, with the Supreme Court holding in R (Miller) v Secretary of State for the European Union [2017] UKSC 5 that the Article 50 mechanism can be activated only with Parliament’s legislative blessing. As a result of that landmark judgment, attention has now switched to Parliament, through which the European Union (Notification of Withdrawal) Bill is presently passing.’

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UK Constitutional Law Association, 7th March 2017

Source: www.ukconstitutionallaw.org

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Assisted Dying: Lords Debate – Law & Religion UK

Posted March 9th, 2017 in assisted suicide, bills, euthanasia, news, parliament by sally

‘On 6 March 2017, the House of Lords held a short debate on assisted dying. Baroness Jay of Paddington asked Her Majesty’s Government what assessment they had made of recent legislation on assisted dying in North America; and whether those laws provide an appropriate basis for legislation in England and Wales.’

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Law & Religion UK, 9th March 2017

Source: www.lawandreligionuk.com

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Brexit: Government suffers second defeat in Lords – BBC News

Posted March 8th, 2017 in amendments, bills, EC law, news, parliament, referendums, treaties, veto by tracey

‘The government has suffered a second Brexit defeat in the House of Lords as peers backed, by 366 votes to 268, calls for a “meaningful” parliamentary vote on the final terms of withdrawal.’

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BBC News, 7th March 2017

Source: www.bbc.co.uk

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Government faces Lords defeat over registration of student voters – The Guardian

Posted March 6th, 2017 in amendments, bills, electoral register, news, parliament, universities by sally

‘The government is facing another defeat in the Lords over student voter registration a day before crucial Brexit legislation returns to the upper chamber.’

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The Guardian, 6th March 2017

Source: www.guardian.co.uk

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What happens now peers have voted to amend the Brexit Bill? – Daily Telegraph

Posted March 2nd, 2017 in amendments, bills, EC law, news, parliament, treaties by sally

‘Peers in the House of Lords have voted to amend European Union (Notification of Withdrawal) Bill, which if passed by Parliament will allow the UK to start formal talks about leaving the EU.’

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Daily Telegraph, 1st March 2017

Source: www.telegraph.co.uk

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