UK government asks Supreme Court to dismiss indyref2 case – BBC News

‘The UK government has urged judges to dismiss the Scottish government’s request for a ruling on whether it has the power to hold indyref2.’

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BBC News, 13th July 2022

Source: www.bbc.co.uk

Kirsty Hughes: The Bill of Rights and the Precarity of Abortion Rights – UK Constitutional Law Association

Posted July 12th, 2022 in abortion, bills, human rights, news, Northern Ireland by sally

‘In the aftermath of the US Supreme Court ruling in Dobbs v Jackson Women’s Health Organization attention has turned to whether abortion is adequately protected in the UK from the winds of political change. Given that in England, Scotland, and Wales abortion is provided for by ordinary Act of Parliament, and in Northern Ireland by Regulation, an orthodox view of the constitution indicates that it is not. In response to Dobbs it has been suggested that the pending Bill of Rights should be amended to provide for a right to abortion. That proposal was swiftly rejected by Dominic Raab on the basis that abortion is settled in UK law – a view that is somewhat contradicted by ongoing difficulties in respect of abortion in Northern Ireland.’

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UK Constitutional Law Association, 11th July 2022

Source: ukconstitutionallaw.org

When is a Right not a Right? The British Bill of Rights – Oxford Human Rights Hub

Posted July 8th, 2022 in bills, brexit, constitutional law, human rights, news by sally

‘The Bill of Rights Bill, which repeals the Human Rights Act 1998, claims to ‘give effect’ to the rights set out in the European Convention on Human Rights. (Cl. 2). But its core aim is to ‘increase democratic oversight of human rights issues’ (Explanatory Note 2. B. p. 3). This aim is sought in a number of ways, one of the most important being set out in Clause 7.’

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Oxford Human Rights Hub, 7th July 2022

Source: ohrh.law.ox.ac.uk

The Bill of Rights Act 2022 and employment law: free speech implications – by Gus Baker – UK Labour Law

‘The “Bill of Rights Bill” (the “Bill”), introduced to Parliament on 22 June this year, has the potential to have significant implications for employment law. Once tribunals and courts accept the Bill’s exhortation to give “great weight” to freedom of speech, the consequences for workplace relations may be profound.’

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UK Labour Law, 6th July 2022

Source: uklabourlawblog.com

Tech platforms face UK ban on blocking news providers before appeal – The Guardian

Posted July 8th, 2022 in appeals, bills, freedom of expression, internet, media, news by sally

‘Tech platforms will be barred from taking down news content in the UK until an appeal has been heard against the decision, ministers have said.’

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The Guardian, 7th July 2022

Source: www.theguardian.com

Stefan Theil: Henry VIII on steroids – executive overreach in the Bill of Rights Bill – UK Constitutional Law Association

‘Constitutional bombshells do not come along very often, most change is incremental and piecemeal – or at least that was the conventional wisdom that prevailed on the UK constitution for many decades. More recently, it appears that scarcely a month passes without suggestions, discussions, proposals, or enactments of far-reaching constitutional reforms – whether through government consultations, changes to the ministerial code, the political and legal constitution and devolution, or bills specifically introduced into Parliament to break international law.’

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UK Constitutional Law Association, 6th July 2022

Source: ukconstitutionallaw.org

Government Looks To Re-Criminalise Rough Sleeping In Levelling Up Bill – Each Other

Posted July 7th, 2022 in bills, homelessness, human rights, news, repeals, vagrancy by sally

‘The government has proposed replacing previously repealed legislation that makes begging and rough sleeping a criminal offence. The move comes after parliament scrapped the Vagrancy Act, a 200-year-old law that criminalised sleeping rough and begging in England and Wales. The Act was repealed through an amendment to the Police, Crime, Sentencing and Courts Act (PCSCA) in April.’

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Each Other, 7th July 2022

Source: eachother.org.uk

Online Safety Bill: first indications of Ofcom’s regulatory approach – Panopticon

Posted July 7th, 2022 in bills, consultations, consumer protection, internet, news by sally

‘Ofcom has today published its “roadmap to regulation” if and when the Online Safety Bill becomes law, together with a “call for evidence” for the first phase of online safety regulation. Both are premised on the current version of the Online Safety Bill, which is acknowledged to be subject to alteration as the legislation goes through the Parliamentary process.’

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Panopticon, 6th July 2022

Source: panopticonblog.com

Warning of ‘tsunami of online child abuse’ as figures show grooming cases rise – The Independent

‘A “tsunami” of online child abuse is taking place in the UK, the NSPCC has said as it published data showing a more than 80% rise in online grooming crimes being recorded by police over the last four years.’

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The Independent, 5th July 2022

Source: www.independent.co.uk

What happens when a devolved bill is referred to the UK Supreme Court? – House of Commons Library

Posted July 5th, 2022 in abortion, bills, devolution issues, news, Northern Ireland, Supreme Court by sally

‘The Abortion Services (Safe Access Zones) Bill (Northern Ireland) has been referred to the UK Supreme Court. We explain why, and how a bill reference works.’

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House of Commons Library , 4th July 2022

Source: commonslibrary.parliament.uk

Legislation aims to shield UK internet users from state-backed disinformation – The Guardian

‘Tech firms will be required to shield internet users from state-sponsored disinformation posing a threat to UK society and democracy, under changes to a landmark online safety bill.’

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The Guardian, 4th July 2022

Source: www.theguardian.com

Draft Mental Health Bill now published – Local Government Lawyer

Posted July 1st, 2022 in bills, detention, learning difficulties, mental health, news by sally

‘Following a commitment given in the Queen’s Speech in May 2022, a draft Mental Health Bill has been brought forward this week (27 June 2022). Alex Ruck Keene sets out the main elements and highlights some key points.’

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Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk

Dominic Raab says right to abortion does not need to be in bill of rights – The Guardian

Posted June 30th, 2022 in abortion, bills, human rights, news by sally

‘Dominic Raab has expressed doubts about including the right to an abortion in the forthcoming bill of rights, saying the matter was already “settled in UK law”.’

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The Guardian, 29th June 2022

Source: www.theguardian.com

Clause Seven of the Bill of Rights Bill: Diluting Rights Protection and Undermining Parliamentary Democracy – Oxford Human Rights Hub

‘If enacted in its present form the Bill of Rights Bill would compromise judicial independence, dilute ECHR rights protection, and undermine the principle of parliamentary democracy that it purports to protect. The Bill seeks to repeal the Human Rights Act 1998 (HRA 1998) in full and replace it with legislation which, according to a Government press release, will “ensure courts cannot interpret laws in ways that were never intended by Parliament”. It also seeks to inject a “healthy dose of common sense” into courts’ protection of Convention rights.’

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Oxford Human Rights Hub, 27th June 2022

Source: ohrh.law.ox.ac.uk

UK government to scrap European law protecting special habitats – The Guardian

‘Environment secretary George Eustice wants to tear up a key piece of European law that environmentalists say protects cherished habitats in the UK.’

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The Guardian, 30th June 2022

Source: www.theguardian.com

Daniella Lock: Three Ways the Bill of Rights Bill Undermines UK Sovereignty – UK Constitutional Law Association

‘The Bill of Rights Bill is framed by the Government as necessary to ensure “meaningful democratic oversight” of human rights protection in the UK, with Conservative MPs keen to present the Bill as a means to restore sovereignty in the face of interfering judges – both at the level of the European Court of Human Rights (ECtHR) and UK courts. However, as this post will argue, the Bill undermines sovereignty and meaningful democratic oversight of rights protection in at least three ways not acknowledged by the Government and the Bill’s supporters. These are in the Bill’s process, presentation and procedures. That is, sovereignty is undermined by, first, the Bill’s process through Parliament, second, its presentation to Parliament by the Government, and third, via the procedures contained in the Bill that facilitate executive interference with judicial scrutiny of human rights protection. As we will see, while the Government purports to be placing parliamentary authority at the centre of UK human rights protection, in reality the executive is seeking more power to manipulate human rights law to its own advantage.’

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UK Constitutional Law Association, 27th June 2022

Source: ukconstitutionallaw.org

Land Value Capture Via CPO – Local Government Lawyer

‘Simon Ricketts examines the Government’s proposed reforms in relation to compensation following compulsory purchase.’

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Local Government Lawyer, 24th June 2022

Source: www.localgovernmentlawyer.co.uk

The end of ‘no fault’ section 21 evictions Research Briefing Published Saturday, 25 June, 2022 – House of Commons Library

Posted June 27th, 2022 in bills, housing, landlord & tenant, news, parliament, repossession by sally

‘A Bill will be introduced in the 2022-23 parliamentary session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers the background and reactions to date.’

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House of Commons Library , 25th June 2022

Source: commonslibrary.parliament.uk

Research Briefing: Northern Ireland Protocol – House of Commons Library

‘Briefings on the Northern Ireland Protocol, including on EU-UK negotiations, Article 16, international law, and information on the UK Government announcement to change the Protocol through the Northern Ireland Protocol Bill.’

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House of Commons Library , 26th June 2022

Source: commonslibrary.parliament.uk

Warning new internet laws will hand ministers ‘unprecedented’ powers – The Independent

‘New internet legislation will hand ministers “unprecedented” censorship powers, with significant implications for free speech, new research warns.’

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The Independent, 27th June 2022

Source: www.independent.co.uk